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VOLUME 6
Titles 63 through 76
2004
REVISED CODE OF WASHINGTON
Published under the authority of chapter 1.08 RCW.
Containing all laws of a general and permanent nature through the 2004 regular session, which
adjourned sine die March 11, 2004.
(2004 Ed.)
[Preface—p i]
REVISED CODE OF WASHINGTON
2004 Edition
©
2004 State of Washington
CERTIFICATE
The 2004 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.
JOHN G . SCHULTZ, Chair
STATUTE LAW COMMITTEE
PRINTED ON RECYCLABLE MATERIAL
For recycling information call:
Recycle Hotline
1-800-732-9253
[Preface—p ii]
(2004 Ed.)
PREFACE
Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW
1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits,
constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections
already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters of
the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between
original sections so that for a time new sections may be inserted without extension of the section number beyond
three digits.
Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An
RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section
should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of
sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030.
History of the Revised Code of Washington; Source notes: The Revised Code of Washington was
adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in
exercise of the powers contained in chapter 1.08 RCW, completed a comprehensive study of these variances and, by
means of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session
law source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been
preserved in the concluding segments of the source note of each section of the code so affected. The legislative
source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated;
thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws
of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.—
—" indicates the parallel citation in Remington's Revised Code, last published in 1949.
Where, before restoration, a section of this code constituted a consolidation of two or more sections of the
session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component
section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc.
Where, before restoration, only a part of a session law section was reflected in a particular RCW section the
history note reference is followed by the word "part."
"Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification.
Double amendments: Some double or other multiple amendments to a section made without reference to
each other are set out in the code in smaller (8-point) type. See RCW 1.12.025.
Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the
Rules of Court and the State Constitution.
Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified
are tabulated in numerical order in the table entitled "Disposition of former RCW sections."
Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington's
Revised Statutes.
Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative
process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law.
(2) Although considerable care has been taken in the production of this code, within the limits of available
time and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment.
When those who use this code detect errors in particular sections, a note citing the section involved and the nature of
the error may be sent to: Code Reviser, Box 40551, Legislative Building, Olympia, WA 98504-0551, so that correction may be made in a subsequent publication.
(2004 Ed.)
[Preface—p iii]
TITLES OF THE REVISED CODE OF WASHINGTON
1
46
47
Highways and motor vehicles
Motor vehicles
Public highways and transportation
48
Insurance
49
50
51
Labor
Labor regulations
Unemployment compensation
Industrial insurance
52
53
54
55
57
Local service districts
Fire protection districts
Port districts
Public utility districts
Sanitary districts
Water-sewer districts
58
59
60
61
62A
63
64
65
Property rights and incidents
Boundaries and plats
Landlord and tenant
Liens
Mortgages, deeds of trust, and real estate contracts
Uniform Commercial Code
Personal property
Real property and conveyances
Recording, registration, and legal publication
66
67
68
69
70
71
71A
72
74
Public health, safety, and welfare
Alcoholic beverage control
Sports and recreation—Convention facilities
Cemeteries, morgues, and human remains
Food, drugs, cosmetics, and poisons
Public health and safety
Mental illness
Developmental disabilities
State institutions73Veterans and veterans' affairs
Public assistance
76
77
78
79
79A
Public resources
Forests and forest products
Fish and wildlife
Mines, minerals, and petroleum
Public lands
Public recreational lands
80
81
Public service
Public utilities
Transportation
82
83
84
Taxation
Excise taxes
Estate taxation
Property taxes
85
86
87
88
89
90
91
Waters
Diking and drainage
Flood control
Irrigation
Navigation and harbor improvements
Reclamation, soil conservation, and land settlement
Water rights—Environment
Waterways
General provisions
2
3
4
5
6
7
8
9
9A
10
11
12
13
Judicial
Courts of record
District courts—Courts of limited jurisdiction
Civil procedure
Evidence
Enforcement of judgments
Special proceedings and actions
Eminent domain
Crimes and punishments
Washington Criminal Code
Criminal procedure
Probate and trust law
District courts—Civil procedure
Juvenile courts and juvenile offenders
14
Aeronautics
15
16
17
Agriculture
Agriculture and marketing
Animals and livestock
Weeds, rodents, and pests
18
19
20
21
22
Businesses and professions
Businesses and professions
Business regulations—Miscellaneous
Commission merchants—Agricultural products
Securities and investments
Warehousing and deposits
23
23B
24
25
Corporations, associations, and partnerships
Corporations and associations (Profit)
Washington business corporation act
Corporations and associations (Nonprofit)
Partnerships
26
Domestic relations
27
28A
28B
28C
Education
Libraries, museums, and historical activities
Common school provisions
Higher education
Vocational education
29A
Elections
30
31
32
33
Financial institutions
Banks and trust companies
Miscellaneous loan agencies
Mutual savings banks
Savings and loan associations
34
35
35A
36
37
38
39
40
41
42
43
44
Government
Administrative law
Cities and towns
Optional Municipal Code
Counties
Federal areas—Indians
Militia and military affairs
Public contracts and indebtedness
Public documents, records, and publications
Public employment, civil service, and pensions
Public officers and agencies
State government—Executive
State government—Legislative
[Preface—p iv]
(2004 Ed.)
Title 63
Title 63
PERSONAL PROPERTY
Chapters
63.10
Consumer leases.
63.14
Retail installment sales of goods and services.
63.18
Lease or rental of personal property—Disclaimer of warranty of merchantability or
fitness.
63.19
Lease-purchase agreements.
63.21
Lost and found property.
63.24
Unclaimed property in hands of bailee.
63.26
Unclaimed property held by museum or historical society.
63.29
Uniform Unclaimed Property Act.
63.32
Unclaimed property in hands of city police.
63.35
Unclaimed property in hands of state patrol.
63.40
Unclaimed property in hands of sheriff.
63.42
Unclaimed inmate personal property.
63.44
Joint tenancies.
63.48
Escheat of postal savings system accounts.
63.52
Dies, molds, and forms.
63.60
Personality rights.
Attachment: Chapter 6.25 RCW.
Chattel mortgages: Article 62A.9A RCW.
Community property: Chapter 26.16 RCW.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Corporate shares issued or transferred in joint tenancy form—Presumption—Transfer pursuant to direction of survivor: RCW 23B.07.240.
County property: Chapter 36.34 RCW.
Credit life insurance and credit accident and health insurance: Chapter
48.34 RCW.
Duration of trusts for employee benefits: Chapter 49.64 RCW.
Enforcement of judgments: Title 6 RCW.
Fox, mink, marten declared personalty: RCW 16.72.030.
Frauds and swindles—Encumbered, leased or rented personal property:
RCW 9.45.060.
Intergovernmental disposition of personal property: Chapter 39.33 RCW.
Leases, satisfaction: Chapter 61.16 RCW.
Liens: Title 60 RCW.
Personal property sales, regulation of, generally: Titles 18 and 19 RCW.
Powers of appointment: Chapter 11.95 RCW.
Probate and trust law: Title 11 RCW.
Quieting title to personalty: RCW 7.28.310, 7.28.320.
Real property and conveyances: Title 64 RCW.
Replevin: Chapters 7.64, 12.28 RCW.
Safe deposit companies: Chapter 22.28 RCW.
Separate property: Chapter 26.16 RCW.
State institutions, property of inmates, residents: RCW 72.23.230 through
72.23.250.
Taxation
estate: Title 83 RCW.
excise: Title 82 RCW.
property: Title 84 RCW.
The Washington Principal and Income Act of 2002: Chapter 11.104A RCW.
Timeshare regulation: Chapter 64.36 RCW.
Transfers in trust: RCW 19.36.020.
(2004 Ed.)
Uniform transfers to minors act: Chapter 11.114 RCW.
Chapter 63.10
Chapter 63.10 RCW
CONSUMER LEASES
Sections
63.10.010
63.10.020
63.10.030
63.10.040
63.10.045
63.10.050
63.10.055
63.10.060
63.10.900
63.10.901
63.10.902
Legislative declaration.
Definitions.
Liability at expiration of lease—Residual value—Attorneys'
fees—Lease terms.
Lease contracts—Disclosure requirements.
Unlawful acts or practices—Consumer lease of a motor vehicle.
Violations—Unfair acts under consumer protection act—
Damages.
Remedies—Effect of chapter.
Defense or action of usury—Limitations.
Severability—1983 c 158.
Severability—1995 c 112.
Effective date—1995 c 112.
Installment sales contracts: Chapter 63.14 RCW.
63.10.010
63.10.010 Legislative declaration. The leasing of
motor vehicles, furniture and fixtures, appliances, commercial equipment, and other personal property has become an
important and widespread form of business transaction that is
beneficial to the citizens and to the economy of the state.
Users of personal property of all types and lessors throughout
the state have relied upon the distinct nature of leasing as a
modern means of transacting business that creates different
relationships and legal consequences from those of lender
and borrower in loan transactions and those of seller and
buyer in installment sale transactions. The utility of lease
transactions and the well-being of the state's economy and of
the leasing industry require that leasing be a legally recognized and distinct form of transaction, creating legal relationships and having legal consequences different from loans or
installment sales. [1983 c 158 § 1.]
63.10.020
63.10.020 Definitions. As used in this chapter, unless
the context otherwise requires:
(1) The term "adjusted capitalized cost" means the
agreed-upon amount that serves as the basis for determining
the periodic lease payment, computed by subtracting from the
gross capitalized cost any capitalized cost reduction.
(2) The term "gross capitalized cost" means the amount
ascribed by the lessor to the vehicle including optional equipment, plus taxes, title, license fees, lease acquisition and
administrative fees, insurance premiums, warranty charges,
and any other product, service, or amount amortized in the
lease. However, any definition of gross capitalized cost
adopted by the federal reserve board to be used in the context
of mandatory disclosure of the gross capitalized cost to lessees in consumer motor vehicle lease transactions supersedes
the definition of gross capitalized cost in this subsection.
[Title 63 RCW—page 1]
63.10.030
Title 63 RCW: Personal Property
(3) The term "capitalized cost reduction" means any payment made by cash, check, or similar means, any manufacturer rebate, and net trade in allowance granted by the lessor
at the inception of the lease for the purpose of reducing the
gross capitalized cost but does not include any periodic lease
payments due at the inception of the lease or all of the periodic lease payments if they are paid at the inception of the
lease.
(4) The term "consumer lease" means a contract of lease
or bailment for the use of personal property by a natural person for a period of time exceeding four months, and for a total
contractual obligation not exceeding twenty-five thousand
dollars, primarily for personal, family, or household purposes, whether or not the lessee has the option to purchase or
otherwise become the owner of the property at the expiration
of the lease, except that such term shall not include any lease
which meets the definition of a retail installment contract
under RCW 63.14.010 or the definition of a lease-purchase
agreement under chapter 63.19 RCW. The twenty-five thousand dollar total contractual obligation in this subsection
shall not apply to consumer leases of motor vehicles. The
inclusion in a lease of a provision whereby the lessee's or lessor's liability, at the end of the lease period or upon an earlier
termination, is based on the value of the leased property at
that time, shall not be deemed to make the transaction other
than a consumer lease. The term "consumer lease" does not
include a lease for agricultural, business, or commercial purposes, or to a government or governmental agency or instrumentality, or to an organization.
(5) The term "lessee" means a natural person who leases
or is offered a consumer lease.
(6) The term "lessor" means a person who is regularly
engaged in leasing, offering to lease, or arranging to lease
under a consumer lease. [1998 c 113 § 1; 1995 c 112 § 1;
1992 c 134 § 15; 1983 c 158 § 2.]
Short title—Severability—1992 c 134: See RCW 63.19.900 and
63.19.901.
63.10.030
63.10.030 Liability at expiration of lease—Residual
value—Attorneys' fees—Lease terms. (1) Where the lessee's liability on expiration of a consumer lease is based on
the estimated residual value of the property, such estimated
residual value shall be a reasonable approximation of the
anticipated actual fair market value of the property on lease
expiration. There shall be a rebuttable presumption that the
estimated residual value is unreasonable to the extent that the
estimated residual value exceeds the actual residual value by
more than three times the average payment allocable to a
monthly period under the lease. In addition, where the lessee
has such liability on expiration of a consumer lease there
shall be a rebuttable presumption that the lessor's estimated
residual value is not in good faith to the extent that the estimated residual value exceeds the actual residual value by
more than three times the average payment allocable to a
monthly period under the lease and such lessor shall not collect from the lessee the amount of such excess liability on
expiration of a consumer lease unless the lessor brings a successful action with respect to such excess liability. In all
actions, the lessor shall pay the lessee's reasonable attorneys'
fees. The presumptions stated in this section shall not apply
to the extent the excess of estimated over actual residual
[Title 63 RCW—page 2]
value is due to physical damage to the property beyond reasonable wear and use, or to excessive use, and the lease may
set standards for such wear and use if such standards are not
unreasonable. Nothing in this subsection shall preclude the
right of a willing lessee to make any mutually agreeable final
adjustment with respect to such excess residual liability, provided such an agreement is reached after termination of the
lease.
(2) Penalties or other charges for delinquency, default, or
early termination may be specified in the lease but only at an
amount which is reasonable in the light of the anticipated or
actual harm caused by the delinquency, default, or early termination, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate
remedy.
(3) If a lease has a residual value provision at the termination of the lease, the lessee may obtain, at his expense, a
professional appraisal of the leased property by an independent third party agreed to be both parties. Such appraisal shall
be final and binding on the parties. [1983 c 158 § 3.]
63.10.040
63.10.040 Lease contracts—Disclosure requirements. (1) In any lease contract subject to this chapter, the
following items, as applicable, shall be disclosed:
(a) A brief description of the leased property, sufficient
to identify the property to the lessee and lessor.
(b) The total amount of any payment, such as a refundable security deposit paid by cash, check, or similar means,
advance payment, capitalized cost reduction, or any trade-in
allowance, appropriately identified, to be paid by the lessee at
consummation of the lease.
(c) The number, amount, and due dates or periods of
payments scheduled under the lease and the total amount of
the periodic payments.
(d) The total amount paid or payable by the lessee during
the lease term for official fees, registration, certificate of title,
license fees, or taxes.
(e) The total amount of all other charges, individually
itemized, payable by the lessee to the lessor, which are not
included in the periodic payments. This total includes the
amount of any liabilities the lease imposes upon the lessee at
the end of the term, but excludes the potential difference
between the estimated and realized values required to be disclosed under (m) of this subsection.
(f) A brief identification of insurance in connection with
the lease including (i) if provided or paid for by the lessor, the
types and amounts of coverages and cost to the lessee, or (ii)
if not provided or paid for by the lessor, the types and
amounts of coverages required of the lessee.
(g) A statement identifying any express warranties or
guarantees available to the lessee made by the lessor or manufacturer with respect to the leased property.
(h) An identification of the party responsible for maintaining or servicing the leased property together with a brief
description of the responsibility, and a statement of reasonable standards for wear and use, if the lessor sets such standards.
(i) A description of any security interest, other than a
security deposit disclosed under (b) of this subsection, held or
to be retained by the lessor in connection with the lease and a
(2004 Ed.)
Consumer Leases
clear identification of the property to which the security interest relates.
(j) The amount or method of determining the amount of
any penalty or other charge for delinquency, default, or late
payments.
(k) A statement of whether or not the lessee has the
option to purchase the leased property and, if at the end of the
lease term, at what price, and, if prior to the end of the lease
term, at what time, and the price or method of determining
the price.
(l) A statement of the conditions under which the lessee
or lessor may terminate the lease prior to the end of the lease
term and the amount or method of determining the amount of
any penalty or other charge for early termination.
(m) A statement that the lessee shall be liable for the difference between the estimated value of the property and its
realized value at early termination or the end of the lease
term, if such liability exists.
(n) Where the lessee's liability at early termination or at
the end of the lease term is based on the estimated value of
the leased property, a statement that the lessee may obtain at
the end of the lease term or at early termination, at the lessee's
expense, a professional appraisal of the value which could be
realized at sale of the leased property by an independent third
party agreed to by the lessee and the lessor, which appraisal
shall be final and binding on the parties.
(o) Where the lessee's liability at the end of the lease
term is based upon the estimated value of the leased property:
(i) The value of the property at consummation of the
lease, the itemized total lease obligation at the end of the
lease term, and the difference between them.
(ii) That there is a rebuttable presumption that the estimated value of the leased property at the end of the lease term
is unreasonable and not in good faith to the extent that it
exceeds the realized value by more than three times the average payment allocable to a monthly period, and that the lessor
cannot collect the amount of such excess liability unless the
lessor brings a successful action in court in which the lessor
pays the lessee's attorney's fees, and that this provision
regarding the presumption and attorney's fees does not apply
to the extent the excess of estimated value over realized value
is due to unreasonable wear or use, or excessive use.
(iii) A statement that the requirements of (o)(ii) of this
subsection do not preclude the right of a willing lessee to
make any mutually agreeable final adjustment regarding such
excess liability.
(p) In consumer leases of motor vehicles:
(i) The gross capitalized cost stated as a total and the
identity of the components listed in the definition of gross
capitalized cost and the respective amount of each component;
(ii) Any capitalized cost reduction stated as a total;
(iii) A statement of adjusted capitalized cost;
(iv) If the lessee trades in a motor vehicle, the amount of
any sales tax exemption for the agreed value of the traded
vehicle and any reduction in the periodic payments resulting
from the application of the sales tax exemption shall be disclosed in the lease contract; and
(v) A statement of the total amount to be paid prior to or
at consummation or by delivery, if delivery occurs after consummation. The lessor shall itemize each component by type
(2004 Ed.)
63.10.060
and amount and shall itemize how the total amount will be
paid, by type and amount.
(2) Where disclosures required under this chapter are the
same as those required under Title I of the federal consumer
protection act (90 Stat. 257, 15 U.S.C. Sec. 1667 et seq.),
which is also known as the federal consumer leasing act, as of
the date upon which the consumer lease is executed, disclosures complying with the federal consumer leasing act shall
be deemed to comply with the disclosure requirements of this
chapter. [1998 c 113 § 2; 1995 c 112 § 2; 1983 c 158 § 4.]
63.10.045
63.10.045 Unlawful acts or practices—Consumer
lease of a motor vehicle. Each of the following acts or practices are unlawful in the context of offering a consumer lease
of a motor vehicle:
(1) Advertising that is false, deceptive, misleading, or in
violation of 12 C.F.R. Sec. 213.5 (a) through (d) and 15
U.S.C. 1667, Regulation M;
(2) Misrepresenting any of the following:
(a) The material terms or conditions of a lease agreement;
(b) That the transaction is a purchase agreement as
opposed to a lease agreement; or
(c) The amount of any equity or value the leased vehicle
will have at the end of the lease; and
(3) Failure to comply with the disclosure requirements of
Title I of the federal consumer protection act (90 Stat. 257, 15
U.S.C. Sec. 1667 et seq.), which is also known as the federal
consumer leasing act, including, but not limited to, failure to
disclose all fees that will be due when a consumer exercises
the option to purchase. [1995 c 112 § 3.]
63.10.050
63.10.050 Violations—Unfair acts under consumer
protection act—Damages. The legislature finds that the
practices covered by this chapter are matters vitally affecting
the public interest for the purpose of applying the consumer
protection act, chapter 19.86 RCW. Violations of this chapter
are not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or
deceptive act or practice in trade or commerce and an unfair
method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
Regarding damages awarded under this section, the court
may award damages allowed under chapter 19.86 RCW or 15
U.S.C. Sec. 1667d (a) and 15 U.S.C. Sec. 1640, but not both.
[1995 c 112 § 4; 1983 c 158 § 5.]
63.10.055
63.10.055 Remedies—Effect of chapter. The provisions of this chapter shall be cumulative and nonexclusive
and shall not affect any other remedy available at law or in
equity. [1995 c 112 § 5.]
63.10.060
63.10.060 Defense or action of usury—Limitations.
No person may plead the defense of usury or maintain any
action thereon based upon a transaction heretofore entered
into if such transaction:
(1) Constitutes a "consumer lease" as defined in RCW
63.10.020; or
(2) Would constitute such a consumer lease but for the
fact that:
[Title 63 RCW—page 3]
63.10.900
Title 63 RCW: Personal Property
(i) The lessee was not a natural person;
(ii) The lease was not primarily for personal, family, or
household purposes; or
(iii) The total contractual obligation exceeded twentyfive thousand dollars. [1983 c 158 § 8.]
63.14.158
63.14.159
63.14.160
63.14.165
63.10.900 Severability—1983 c 158. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 158 § 9.]
63.14.170
63.14.175
63.14.180
63.14.167
63.10.900
63.10.901 Severability—1995 c 112. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1995 c 112 § 6.]
63.10.901
63.10.902
63.10.902 Effective date—1995 c 112. This act shall
take effect January 1, 1996. [1995 c 112 § 7.]
Chapter 63.14
Chapter 63.14 RCW
RETAIL INSTALLMENT SALES OF
GOODS AND SERVICES
63.14.190
63.14.200
63.14.210
63.14.900
63.14.901
63.14.902
63.14.903
63.14.904
63.14.910
63.14.920
63.14.921
63.14.922
63.14.923
63.14.924
63.14.925
63.14.926
Refinancing agreements—Costs—Contents.
New payment schedule—When authorized.
Conduct or agreement of buyer does not waive remedies.
Financial institution credit card agreement not subject to chapter 63.14 RCW, but subject to chapter 19.52 RCW.
Lender credit card agreements and financial institution credit
card agreements—Credit to account for returned goods or
forgiveness of a debit for services—Statement of credit to
card issuer—Notice to cardholder.
Violations—Penalties.
Violations—Remedies.
Noncomplying person barred from recovery of service charge,
etc.—Remedy of buyer—Extent of recovery.
Restraint of violations.
Assurance of discontinuance of unlawful practices.
Violation of order or injunction—Penalty.
Severability—1963 c 236.
Severability—1967 c 234.
Severability—1981 c 77.
Application, saving—1981 c 77.
Severability—1984 c 280.
Saving—1963 c 236.
Effective date—1963 c 236.
Effective date—Saving—1967 c 234.
Effective date—1993 sp.s. c 5.
Severability—1993 sp.s. c 5.
Application—1995 c 249.
Savings—1995 c 249.
Effective date—1995 c 249.
Consumer leases: Chapter 63.10 RCW.
Interest—Usury: Chapter 19.52 RCW.
63.14.010
Sections
63.14.010
63.14.020
63.14.030
63.14.040
63.14.050
63.14.060
63.14.070
63.14.080
63.14.090
63.14.100
63.14.110
63.14.120
63.14.123
63.14.125
63.14.130
63.14.136
63.14.140
63.14.145
63.14.150
63.14.151
63.14.152
63.14.154
63.14.156
Definitions.
Retail installment contracts—Number of documents—Promissory notes—Date—Signatures—Completion—Type size.
Retail installment contracts—Delivery to buyer of copy—
Acknowledgment of delivery.
Retail installment contracts—Contents.
Retail installment contracts—Multiple documents permissible
where original applies to purchases from time to time.
Retail installment contracts—Mail orders based on catalog or
other printed solicitation.
Retail installment contracts—Seller not to obtain buyer's signature when essential blank spaces not filled—Exceptions.
Retail installment contracts—Prepayment in full of unpaid
time balance—Refund of unearned service charge—"Rule of
seventy-eighths".
Retail installment contracts, retail charge agreements, and
lender credit card agreements—Delinquency or collection
charges—Attorney's fees, court costs—Other provisions not
inconsistent with chapter are permissible.
Receipt for cash payment—Retail installment contracts, statement of payment schedule and total amount unpaid.
Consolidation of subsequent purchases with previous contract.
Retail charge agreements and lender credit card agreements—
Information to be furnished by seller.
Restrictions on electronically printed credit card receipts.
Lender credit card agreements—Security interests prohibited.
Retail installment contracts, retail charge agreements, and
lender credit card agreements—Service charge agreed to by
contract—Other fees and charges prohibited.
Retail installment transaction—Unconscionable—Judicial
action.
Retail installment contracts, retail charge agreements, and
lender credit card agreements—Insurance.
Retail installment contracts and charge agreements—Sale,
transfer, or assignment.
Retail installment contracts, retail charge agreements, and
lender credit card agreements—Agreements by buyer not to
assert claim or defense or to submit to suit in another county
invalid.
Retail installment contracts, retail charge agreements, and
lender credit card agreements—Compliance with disclosure
requirements of federal consumer protection act deemed
compliance with chapter 63.14 RCW.
Declaratory judgment action to establish if service charge is
excessive.
Cancellation of transaction by buyer—Procedure.
Extension or deferment of payments—Agreement, charges.
[Title 63 RCW—page 4]
63.14.010 Definitions. In this chapter, unless the context otherwise requires:
(1) "Goods" means all chattels personal when purchased
primarily for personal, family, or household use and not for
commercial or business use, but not including money or,
except as provided in the next sentence, things in action. The
term includes but is not limited to merchandise certificates or
coupons, issued by a retail seller, to be used in their face
amount in lieu of cash in exchange for goods or services sold
by such a seller and goods which, at the time of sale or subsequently, are to be so affixed to real property as to become a
part thereof, whether or not severable therefrom;
(2) "Lender credit card" means a card or device under a
lender credit card agreement pursuant to which the issuer
gives to a cardholder residing in this state the privilege of
obtaining credit from the issuer or other persons in purchasing or leasing property or services, obtaining loans, or otherwise, and the issuer of which is not: (a) Principally engaged
in the business of selling goods; or (b) a financial institution;
(3) "Lender credit card agreement" means an agreement
entered into or performed in this state prescribing the terms of
retail installment transactions pursuant to which the issuer
may, with the buyer's consent, purchase or acquire one or
more retail sellers' indebtedness of the buyer under a sales
slip or memorandum evidencing the purchase, lease, loan, or
otherwise to be paid in accordance with the agreement. The
issuer of a lender credit card agreement shall not be principally engaged in the business of selling goods or be a financial institution;
(4) "Financial institution" means any bank or trust company, mutual savings bank, credit union, or savings and loan
association organized pursuant to the laws of any one of the
United States of America or the United States of America, or
the laws of a foreign country if also qualified to conduct business in any one of the United States of America or pursuant
to the laws of the United States of America;
(2004 Ed.)
Retail Installment Sales of Goods and Services
(5) "Services" means work, labor, or services of any kind
when purchased primarily for personal, family, or household
use and not for commercial or business use whether or not
furnished in connection with the delivery, installation, servicing, repair, or improvement of goods and includes repairs,
alterations, or improvements upon or in connection with real
property, but does not include services for which the price
charged is required by law to be determined or approved by
or to be filed, subject to approval or disapproval, with the
United States or any state, or any department, division,
agency, officer, or official of either as in the case of transportation services;
(6) "Retail buyer" or "buyer" means a person who buys
or agrees to buy goods or obtain services or agrees to have
services rendered or furnished, from a retail seller;
(7) "Retail seller" or "seller" means a person engaged in
the business of selling goods or services to retail buyers;
(8) "Retail installment transaction" means any transaction in which a retail buyer purchases goods or services from
a retail seller pursuant to a retail installment contract, a retail
charge agreement, or a lender credit card agreement, as
defined in this section, which provides for a service charge,
as defined in this section, and under which the buyer agrees
to pay the unpaid principal balance in one or more installments or which provides for no service charge and under
which the buyer agrees to pay the unpaid balance in more
than four installments;
(9) "Retail installment contract" or "contract" means a
contract, other than a retail charge agreement, a lender credit
card agreement, or an instrument reflecting a sale made pursuant thereto, entered into or performed in this state for a
retail installment transaction. The term "retail installment
contract" may include a chattel mortgage, a conditional sale
contract, and a contract in the form of a bailment or a lease if
the bailee or lessee contracts to pay as compensation for their
use a sum substantially equivalent to or in excess of the value
of the goods sold and if it is agreed that the bailee or lessee is
bound to become, or for no other or a merely nominal consideration, has the option of becoming the owner of the goods
upon full compliance with the provisions of the bailment or
lease. The term "retail installment contract" does not include:
(a) A "consumer lease," heretofore or hereafter entered into,
as defined in RCW 63.10.020; (b) a lease which would constitute such "consumer lease" but for the fact that: (i) It was
entered into before April 29, 1983; (ii) the lessee was not a
natural person; (iii) the lease was not primarily for personal,
family, or household purposes; or (iv) the total contractual
obligations exceeded twenty-five thousand dollars; or (c) a
lease-purchase agreement under chapter 63.19 RCW;
(10) "Retail charge agreement," "revolving charge
agreement," or "charge agreement" means an agreement
between a retail buyer and a retail seller that is entered into or
performed in this state and that prescribes the terms of retail
installment transactions with one or more sellers which may
be made thereunder from time to time and under the terms of
which a service charge, as defined in this section, is to be
computed in relation to the buyer's unpaid balance from time
to time;
(11) "Service charge" however denominated or
expressed, means the amount which is paid or payable for the
privilege of purchasing goods or services to be paid for by the
(2004 Ed.)
63.14.020
buyer in installments over a period of time. It does not
include the amount, if any, charged for insurance premiums,
delinquency charges, attorneys' fees, court costs, any vehicle
dealer administrative fee under RCW 46.12.042, any vehicle
dealer documentary service fee under RCW 46.70.180(2), or
official fees;
(12) "Sale price" means the price for which the seller
would have sold or furnished to the buyer, and the buyer
would have bought or obtained from the seller, the goods or
services which are the subject matter of a retail installment
transaction. The sale price may include any taxes, registration and license fees, any vehicle dealer administrative fee,
any vehicle dealer documentary service fee, and charges for
transferring vehicle titles, delivery, installation, servicing,
repairs, alterations, or improvements;
(13) "Official fees" means the amount of the fees prescribed by law and payable to the state, county, or other governmental agency for filing, recording, or otherwise perfecting, and releasing or satisfying, a retained title, lien, or other
security interest created by a retail installment transaction;
(14) "Time balance" means the principal balance plus the
service charge;
(15) "Principal balance" means the sale price of the
goods or services which are the subject matter of a retail
installment contract less the amount of the buyer's down payment in money or goods or both, plus the amounts, if any,
included therein, if a separate identified charge is made therefor and stated in the contract, for insurance, any vehicle
dealer administrative fee, any vehicle dealer documentary
service fee, and official fees; and the amount actually paid or
to be paid by the retail seller pursuant to an agreement with
the buyer to discharge a security interest or lien on like-kind
goods traded in or lease interest in the circumstance of a lease
for like goods being terminated in conjunction with the sale
pursuant to a retail installment contract;
(16) "Person" means an individual, partnership, joint
venture, corporation, association, or any other group, however organized;
(17) "Rate" means the percentage which, when multiplied times the outstanding balance for each month or other
installment period, yields the amount of the service charge
for such month or period. [2003 c 368 § 2; 1999 c 113 § 1;
1997 c 331 § 6; 1993 sp.s. c 5 § 1; 1992 c 134 § 16; 1984 c
280 § 1; 1983 c 158 § 7; 1981 c 77 § 1; 1972 ex.s. c 47 § 1;
1963 c 236 § 1.]
Effective date—1997 c 331: See note following RCW 70.168.135.
Short title—Severability—1992 c 134: See RCW 63.19.900 and
63.19.901.
Severability—1983 c 158: See RCW 63.10.900.
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
Effective date—1972 ex.s. c 47: "This 1972 amendatory act shall take
effect on January 1, 1973." [1972 ex.s. c 47 § 5.]
63.14.020
63.14.020 Retail installment contracts—Number of
documents—Promissory notes—Date—Signatures—
Completion—Type size. Every retail installment contract
shall be contained in a single document which shall contain
the entire agreement of the parties including any promissory
notes or other evidences of indebtedness between the parties
relating to the transaction, except as provided in RCW
[Title 63 RCW—page 5]
63.14.030
Title 63 RCW: Personal Property
63.14.050, 63.14.060 and 63.14.110: PROVIDED, That
where the buyer's obligation to pay the time balance is represented by a promissory note secured by a chattel mortgage,
the promissory note may be a separate instrument if the mortgage recites the amount and terms of payment of such note
and the promissory note recites that it is secured by a mortgage: PROVIDED FURTHER, That any such promissory
note or other evidence of indebtedness executed by the buyer
shall not, when assigned or negotiated, cut off as to third parties any right of action or defense which the buyer may have
against the seller, and each such promissory note or other evidence of indebtedness shall contain a statement to that effect:
AND PROVIDED FURTHER, That in a transaction involving the repair, alteration or improvement upon or in connection with real property, the contract may be secured by a
mortgage on the real property contained in a separate document. Home improvement retail sales transactions which are
financed or insured by the Federal Housing Administration
are not subject to this chapter.
The contract shall be dated, signed by the retail buyer
and completed as to all essential provisions, except as otherwise provided in RCW 63.14.060 and 63.14.070. The printed
or typed portion of the contract, other than instructions for
completion, shall be in a size equal to at least eight point type.
[1967 c 234 § 1; 1963 c 236 § 2.]
63.14.030
63.14.030 Retail installment contracts—Delivery to
buyer of copy—Acknowledgment of delivery. The retail
seller shall deliver to the retail buyer, at the time the buyer
signs the contract a copy of the contract as signed by the
buyer, unless the contract is completed by the buyer in situations covered by RCW 63.14.060, and if the contract is
accepted at a later date by the seller the seller shall mail to the
buyer at his address shown on the retail installment contract a
copy of the contract as accepted by the seller or a copy of the
memorandum as required in RCW 63.14.060. Until the seller
does so, the buyer shall be obligated to pay only the sale
price. Any acknowledgment by the buyer of delivery of a
copy of the contract shall be in a size equal to at least ten
point bold type and, if contained in the contract, shall appear
directly above the buyer's signature. [1981 c 77 § 2; 1967 c
234 § 2; 1963 c 236 § 3.]
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
63.14.040
63.14.040 Retail installment contracts—Contents.
(1) The retail installment contract shall contain the names of
the seller and the buyer, the place of business of the seller, the
residence or other address of the buyer as specified by the
buyer and a description or identification of the goods sold or
to be sold, or service furnished or rendered or to be furnished
or rendered. The contract also shall contain the following
items, which shall be set forth in the sequence appearing
below:
(a) The sale price of each item of goods or services;
(b) The amount of the buyer's down payment, if any,
identifying the amounts paid in money and allowed for goods
traded in;
(c) The difference between items (a) and (b);
[Title 63 RCW—page 6]
(d) The aggregate amount, if any, included for insurance,
specifying the type or types of insurance and the terms of
coverage;
(e) The aggregate amount of official fees, if any;
(f) The amount, if any, actually paid or to be paid by the
retail seller pursuant to an agreement with the buyer to discharge a security interest or lien on like-kind goods traded in
or lease interest in the circumstance of a lease for like goods
being terminated in conjunction with the sale pursuant to a
retail installment contract;
(g) The principal balance, which is the sum of items (c),
(d), (e), and (f);
(h) The dollar amount or rate of the service charge;
(i) The amount of the time balance owed by the buyer to
the seller, which is the sum of items (g) and (h), if (h) is stated
in a dollar amount; and
(j) Except as otherwise provided in the next two sentences, the maximum number of installment payments
required and the amount of each installment and the due date
of each payment necessary to pay such balance. If installment
payments other than the final payment are stated as a series of
equal scheduled amounts and if the amount of the final
installment payment does not substantially exceed the scheduled amount of each preceding installment payment, the maximum number of payments and the amount and due date of
each payment need not be separately stated and the amount of
the scheduled final installment payment may be stated as the
remaining unpaid balance. The due date of the first installment payment may be fixed by a day or date or may be fixed
by reference to the date of the contract or to the time of delivery or installation.
Additional items may be included to explain the calculations involved in determining the balance to be paid by the
buyer.
(2) Every retail installment contract shall contain the following notice in ten point bold face type or larger directly
above the space reserved in the contract for the signature of
the buyer: "NOTICE TO BUYER:
(a) Do not sign this contract before you read it or if any
spaces intended for the agreed terms, except as to unavailable
information, are blank.
(b) You are entitled to a copy of this contract at the time
you sign it.
(c) You may at any time pay off the full unpaid balance
due under this contract, and in so doing you may receive a
partial rebate of the service charge.
(d) The service charge does not exceed . . . .% (must be
filled in) per annum computed monthly.
(e) You may cancel this contract if it is solicited in person, and you sign it, at a place other than the seller's business
address shown on the contract, by sending notice of such cancellation by certified mail return receipt requested to the
seller at his address shown on the contract which notice shall
be posted not later than midnight of the third day (excluding
Sundays and holidays) following your signing this contract.
If you choose to cancel this contract, you must return or make
available to the seller at the place of delivery any merchandise, in its original condition, received by you under this contract."
Clause (2)(e) needs to be included in the notice only if
the contract is solicited in person by the seller or his represen(2004 Ed.)
Retail Installment Sales of Goods and Services
tative, and the buyer signs it, at a place other than the seller's
business address shown on the contract. [1999 c 113 § 2;
1981 c 77 § 3; 1972 ex.s. c 47 § 2; 1969 c 2 § 1 (Initiative
Measure No. 245, approved November 5, 1968); 1967 c 234
§ 3; 1963 c 236 § 4.]
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
63.14.050
63.14.050 Retail installment contracts—Multiple
documents permissible where original applies to purchases from time to time. A retail installment contract may
be contained in more than one document, provided that one
such document shall be an original document signed by the
retail buyer, stated to be applicable to purchases of goods or
services to be made by the retail buyer from time to time. In
such case such document, together with the sales slip,
account book or other written statement relating to each purchase, shall set forth all of the information required by RCW
63.14.040 and shall constitute the retail installment contract
for each purchase. On each succeeding purchase pursuant to
such original document, the sales slip, account book or other
written statement may at the option of the seller constitute the
memorandum required by RCW 63.14.110. [1963 c 236 § 5.]
63.14.060
63.14.060 Retail installment contracts—Mail orders
based on catalog or other printed solicitation. Retail
installment contracts negotiated and entered into by mail or
telephone without solicitation in person by salesmen or other
representatives of the seller and based upon a catalog of the
seller, or other printed solicitation of business, if such catalog
or other printed solicitation clearly sets forth the cash sale
prices and other terms of sales to be made through such
medium, may be made as provided in this section. The provisions of this chapter with respect to retail installment contracts shall be applicable to such sales, except that the retail
installment contract, when completed by the buyer need not
contain the items required by RCW 63.14.040.
When the contract is received from the retail buyer, the
seller shall prepare a written memorandum containing all of
the information required by RCW 63.14.040 to be included in
a retail installment contract. In lieu of delivering a copy of the
contract to the retail buyer as provided in RCW 63.14.030,
the seller shall deliver to the buyer a copy of such memorandum prior to the due date of the first installment payable
under the contract: PROVIDED, That if the catalog or other
printed solicitation does not set forth all of the other terms of
sales in addition to the cash sales prices, such memorandum
shall be delivered to the buyer prior to or at the time of delivery of the goods or services. [1967 c 234 § 4; 1963 c 236 § 6.]
63.14.070
63.14.070 Retail installment contracts—Seller not to
obtain buyer's signature when essential blank spaces not
filled—Exceptions. The seller shall not obtain the signature
of the buyer to any contract when it contains blank spaces of
items which are essential provisions of the transaction except
as provided in RCW 63.14.060: PROVIDED, HOWEVER,
That if delivery of the goods is not made at the time of the
execution of the contract, the identifying numbers or marks
of the goods or similar information and the due date of the
first installment may be inserted by the seller in the seller's
(2004 Ed.)
63.14.090
counterpart of the contract after it has been signed by the
buyer. [1963 c 236 § 7.]
63.14.080
63.14.080 Retail installment contracts—Prepayment
in full of unpaid time balance—Refund of unearned service charge—"Rule of seventy-eighths". For the purpose
of this section "periodic time balance" means the unpaid portion of the time balance as of the last day of each month, or
other uniform time interval established by the regular consecutive payment period scheduled in a retail installment contract.
Notwithstanding the provisions of any retail installment
contract to the contrary, and if the rights of the purchaser
have not been terminated or forfeited under the terms of the
contract, any buyer may prepay in full the unpaid portion of
the time balance thereof at any time before its final due date
and, if he does so, he shall receive a refund credit of the
unearned portion of the service charge for such prepayment.
The amount of such refund credit shall be computed according to the "rule of seventy-eighths", that is it shall represent at
least as great a portion of the original service charge, as the
sum of the periodic time balances not yet due bears to the sum
of all the periodic time balances under the schedule of payments in the contract: PROVIDED, That where the earned
service charge (total service charge minus refund credit) thus
computed is less than the following minimum service charge:
fifteen dollars where the principal balance is not in excess of
two hundred and fifty dollars, twenty-five dollars where the
principal balance exceeds two hundred and fifty dollars but is
not in excess of five hundred dollars, thirty-seven dollars and
fifty cents where the principal balance exceeds five hundred
dollars but is not in excess of one thousand dollars, and fifty
dollars where the principal balance exceeds one thousand
dollars; then such minimum service charge shall be deemed
to be the earned service charge: AND PROVIDED FURTHER, That where the amount of such refund credit is less
than one dollar, no refund credit need be made. [1967 c 234
§ 5; 1963 c 236 § 8.]
63.14.090
63.14.090 Retail installment contracts, retail charge
agreements, and lender credit card agreements—Delinquency or collection charges—Attorney's fees, court
costs—Other provisions not inconsistent with chapter are
permissible. (1) The holder of any retail installment contract, retail charge agreement, or lender credit card agreement
may not collect any delinquency or collection charges,
including any attorney's fee and court costs and disbursements, unless the contract, charge agreement, or lender credit
card agreement so provides. In such cases, the charges shall
be reasonable, and no attorney's fee may be recovered unless
the contract, charge agreement, or lender credit card agreement is referred for collection to an attorney not a salaried
employee of the holder.
(2) The contract, charge agreement, or lender credit card
agreement may contain other provisions not inconsistent with
the purposes of this chapter, including but not limited to provisions relating to refinancing, transfer of the buyer's equity,
construction permits, and title reports.
(3) Notwithstanding subsection (1) of this section, where
the minimum payment is received within the ten days follow[Title 63 RCW—page 7]
63.14.100
Title 63 RCW: Personal Property
ing the payment due date, delinquency charges for the late
payment of a retail charge agreement or lender credit card
agreement may not be more than ten percent of the average
balance of the delinquent account for the prior thirty-day
period when the average balance of the account for the prior
thirty-day period is less than one hundred dollars, except that
a minimum charge of up to two dollars shall be allowed. This
subsection (3) shall not apply in cases where the payment on
the account is more than thirty days overdue. [1993 c 481 §
1; 1984 c 280 § 2; 1963 c 236 § 9.]
63.14.100
63.14.100 Receipt for cash payment—Retail installment contracts, statement of payment schedule and total
amount unpaid. A buyer shall be given a written receipt for
any payment when made in cash. Upon written request of the
buyer, the holder of a retail installment contract shall give or
forward to the buyer a written statement of the dates and
amounts of payments and the total amount unpaid under the
contract. Such a statement shall be given the buyer once without charge; if any additional statement is requested by the
buyer, it shall be supplied by the holder at a charge not in
excess of one dollar for each additional statement so supplied. [1963 c 236 § 10.]
63.14.110
63.14.110 Consolidation of subsequent purchases
with previous contract. (1) If, in a retail installment transaction, a retail buyer makes any subsequent purchases of
goods or services from a retail seller from whom he has previously purchased goods or services under one or more retail
installment contracts, and the amounts under such previous
contract or contracts have not been fully paid, the subsequent
purchases may, at the seller's option, be included in and consolidated with one or more of the previous contracts. All the
provisions of this chapter with respect to retail installment
contracts shall be applicable to such subsequent purchases
except as hereinafter stated in this subsection. In the event of
such consolidation, in lieu of the buyer's executing a retail
installment contract respecting each subsequent purchase, as
provided in this section, it shall be sufficient if the seller shall
prepare a written memorandum of each such subsequent purchase, in which case the provisions of RCW 63.14.020,
63.14.030 and 63.14.040 shall not be applicable. Unless previously furnished in writing to the buyer by the seller, by
sales slip, memoranda or otherwise, such memorandum shall
set forth with respect to each subsequent purchase items (a) to
(h) inclusive of RCW 63.14.040(1), and in addition, if the
service charge is stated as a dollar amount, the amount of the
time balance owed by the buyer to the seller for the subsequent purchase, the outstanding balance of the previous contract or contracts, the consolidated time balance, and the
revised installments applicable to the consolidated time balance, if any, in accordance with RCW 63.14.040. If the service charge is not stated in a dollar amount, in addition to the
items (a) to (h) inclusive of RCW 63.14.040(1), the memorandum shall set forth the outstanding balance of the previous
contract or contracts, the consolidated outstanding balance
and the revised installments applicable to the consolidated
outstanding balance, in accordance with RCW 63.14.040.
[Title 63 RCW—page 8]
The seller shall deliver to the buyer a copy of such memorandum prior to the due date of the first installment of such
consolidated contract.
(2) When such subsequent purchases are made, if the
seller has retained title or taken a lien or other security interest in any of the goods purchased under any one of the contracts included in the consolidation:
(a) The entire amount of all payments made prior to such
subsequent purchases shall be deemed to have been applied
on the previous purchases;
(b) The amount of any down payment on the subsequent
purchase shall be allocated in its entirety to such subsequent
purchase;
(c) Each payment received after the subsequent purchase
shall be deemed to be allocated to all of the various time balances in the same proportion or ratio as the original cash sale
prices of the various retail installment transactions bear to
one another: PROVIDED, That the seller may elect, where
the amount of each installment payment is increased in connection with the subsequent purchase, to allocate only the
increased amount to the time balance of the subsequent retail
installment transaction, and to allocate the amount of each
installment payment prior to the increase to the time balance(s) existing at the time of the subsequent purchase.
The provisions of this subsection shall not apply to cases
where such previous and subsequent purchases involve
equipment, parts, or other goods attached or affixed to goods
previously purchased and not fully paid, or to services in connection therewith rendered by the seller at the buyer's request.
[1999 c 113 § 3; 1967 c 234 § 6; 1963 c 236 § 11.]
63.14.120
63.14.120 Retail charge agreements and lender
credit card agreements—Information to be furnished by
seller. (1) At or prior to the time a retail charge agreement or
lender credit card agreement is made the seller shall advise
the buyer in writing, on the application form or otherwise, or
orally that a service charge will be computed on the outstanding balance for each month (which need not be a calendar
month) or other regular period agreed upon, the schedule or
rate by which the service charge will be computed, and that
the buyer may at any time pay his or her total unpaid balance:
PROVIDED, That if this information is given orally, the
seller shall, upon approval of the buyer's credit, deliver to the
buyer or mail to the buyer's address, a memorandum setting
forth this information.
(2) The seller or holder of a retail charge agreement or
lender credit card agreement shall promptly supply the buyer
with a statement as of the end of each monthly period (which
need not be a calendar month) or other regular period agreed
upon, in which there is any unpaid balance thereunder, which
statement shall set forth the following:
(a) The unpaid balance under the retail charge agreement
or lender credit card agreement at the beginning and at the
end of the period;
(b) Unless otherwise furnished by the seller to the buyer
by sales slip, memorandum, or otherwise, a description or
identification of the goods or services purchased during the
period, the sale price, and the date of each purchase;
(c) The payments made by the buyer to the seller and any
other credits to the buyer during the period;
(2004 Ed.)
Retail Installment Sales of Goods and Services
(d) The amount, if any, of any service charge for such
period; and
(e) A legend to the effect that the buyer may at any time
pay his or her total unpaid balance.
(3) Every retail charge agreement shall contain the following notice in ten point bold face type or larger directly
above the space reserved in the charge agreement for the signature of the buyer: NOTICE TO BUYER:
(a) Do not sign this retail charge agreement before you
read it or if any spaces intended for the agreed terms are left
blank.
(b) You are entitled to a copy of this charge agreement at
the time you sign it.
(c) You may at any time pay off the full unpaid balance
under this charge agreement.
(d) You may cancel any purchases made under this
charge agreement if the seller or his representative solicited
in person such purchase, and you sign an agreement for such
purchase, at a place other than the seller's business address
shown on the charge agreement, by sending notice of such
cancellation by certified mail return receipt requested to the
seller at his address shown on the charge agreement, which
notice shall be posted not later than midnight of the third day
(excluding Sundays and holidays) following your signing of
the purchase agreement. If you choose to cancel this purchase, you must return or make available to seller at the place
of delivery any merchandise, in its original condition,
received by you under this purchase agreement. [1984 c 280
§ 3; 1981 c 77 § 4; 1972 ex.s. c 47 § 3; 1969 c 2 § 2 (Initiative
Measure No. 245, approved November 5, 1968); 1967 c 234
§ 7; 1963 c 236 § 12.]
63.14.140
63.14.130
63.14.130 Retail installment contracts, retail charge
agreements, and lender credit card agreements—Service
charge agreed to by contract—Other fees and charges
prohibited. The service charge shall be inclusive of all
charges incident to investigating and making the retail installment contract or charge agreement and for the privilege of
making the installment payments thereunder and no other fee,
expense or charge whatsoever shall be taken, received,
reserved or contracted therefor from the buyer, except for any
vehicle dealer administrative fee under RCW 46.12.042 or
for any vehicle dealer documentary service fee under RCW
46.70.180(2).
(1) The service charge, in a retail installment contract,
shall not exceed the dollar amount or rate agreed to by contract and disclosed under RCW 63.14.040(1)(h).
(2) The service charge in a retail charge agreement,
revolving charge agreement, lender credit card agreement, or
charge agreement, shall not exceed the schedule or rate
agreed to by contract and disclosed under RCW
63.14.120(1). If the service charge so computed is less than
one dollar for any month, then one dollar may be charged.
[2003 c 368 § 3; 1999 c 113 § 4; 1997 c 331 § 7; 1992 c 193
§ 1. Prior: 1989 c 112 § 1; 1989 c 14 § 5; 1987 c 318 § 1;
1984 c 280 § 5; 1981 c 77 § 5; 1969 c 2 § 3 (Initiative Measure No. 245, approved November 5, 1968); 1967 c 234 § 8;
1963 c 236 § 13.]
Effective date—1997 c 331: See note following RCW 70.168.135.
Effective date—1987 c 318: "This act shall take effect January 1,
1988." [1987 c 318 § 2.]
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
63.14.136
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
63.14.123
63.14.123 Restrictions on electronically printed
credit card receipts. (1) A retailer shall not print more than
the last five digits of the credit card account number or print
the credit card expiration date on a credit card receipt to the
cardholder.
(2) This section shall apply only to receipts that are electronically printed and shall not apply to transactions in which
the sole means of recording the credit card number is by
handwriting or by an imprint or copy of the credit card.
(3) This section applies on July 1, 2001, to any cash register or other machine or device that electronically prints
receipts on credit card transactions and is placed into service
on or after July 1, 2001, and on July 1, 2004, to any cash register or other machine or device that electronically prints
receipts on credit card transactions and is placed into service
prior to July 1, 2001. [2000 c 163 § 2.]
Severability—Effective date—2000 c 163: See RCW 19.200.900 and
19.200.901.
63.14.125
63.14.125 Lender credit card agreements—Security
interests prohibited. A lender credit card agreement may
not contain any provision for a security interest in real or personal property or fixtures of the buyer to secure payment of
performance of the buyer's obligation under the lender credit
card agreement. [1984 c 280 § 4.]
(2004 Ed.)
63.14.136 Retail installment transaction—Unconscionable—Judicial action. (1) With respect to a retail
installment transaction, as defined in RCW 63.14.010(8), if
the court as a matter of law finds the agreement or contract,
or any clause in the agreement or contract, to have been
unconscionable at the time it was made, the court may refuse
to enforce the agreement or contract, may enforce the remainder of the agreement or contract, or may limit the application
of any unconscionable clause to avoid an unconscionable
result.
(2) If it is claimed or it appears to the court that the agreement or contract, or any clause in the agreement or contract,
may be unconscionable, the parties shall be given a reasonable opportunity to present evidence as to its setting, purpose,
and effect to assist the court in making a determination
regarding unconscionability.
(3) For the purpose of this section, a charge or practice
expressly permitted by this chapter is not in itself unconscionable. [1995 c 249 § 4.]
63.14.140
63.14.140 Retail installment contracts, retail charge
agreements, and lender credit card agreements—Insurance. If the cost of any insurance is included in the retail
installment contract, retail charge agreement, or lender credit
card agreement:
(1) The contract or agreement shall state the nature, purpose, term, and amount of such insurance, and in connection
with the sale of a motor vehicle, the contract shall state that
the insurance coverage ordered under the terms of this con[Title 63 RCW—page 9]
63.14.145
Title 63 RCW: Personal Property
tract does not include "bodily injury liability," "public liability," and "property damage liability" coverage, where such
coverage is in fact not included;
(2) The contract or agreement shall state whether the
insurance is to be procured by the buyer or the seller;
(3) The amount, included for such insurance, shall not
exceed the premiums chargeable in accordance with the rate
fixed for such insurance by the insurer, except where the
amount is less than one dollar;
(4) If the insurance is to be procured by the seller or
holder, he shall, within forty-five days after delivery of the
goods or furnishing of the services under the contract,
deliver, mail or cause to be mailed to the buyer, at his or her
address as specified in the contract, a notice thereof or a copy
of the policy or policies of insurance or a certificate or certificates of the insurance so procured. [1984 c 280 § 6; 1963 c
236 § 14.]
63.14.145
63.14.145 Retail installment contracts and charge
agreements—Sale, transfer, or assignment. (1) A retail
seller may sell, transfer, or assign a retail installment contract
or charge agreement. After such sale, transfer, or assignment,
the retail installment contract or charge agreement remains a
retail installment contract or charge agreement.
(2) Nothing contained in this chapter shall be deemed to
limit any charge made by an assignee of a retail installment
contract or charge agreement to the seller-assignor upon the
sale, transfer, assignment, or discount of the contract or
agreement, notwithstanding retention by the assignee of
recourse rights against the seller-assignor and notwithstanding duties retained by the seller-assignor to service delinquencies, perform service or warranty agreements regarding
the property which is the subject matter of the assigned or
discounted contracts or charge agreements, or to do or perform any other duty with respect to the contract or agreement
assigned or the subject matter of such contract or agreement.
[1993 sp.s. c 5 § 2.]
63.14.150
63.14.150 Retail installment contracts, retail charge
agreements, and lender credit card agreements—Agreements by buyer not to assert claim or defense or to submit
to suit in another county invalid. No provision of a retail
installment contract, retail charge agreement, or lender credit
card agreement is valid by which the buyer agrees not to
assert against the seller or against an assignee a claim or
defense arising out of the sale, or by which the buyer agrees
to submit to suit in a county other than the county where the
buyer signed the contract or where the buyer resides or has
his principal place of business. [1984 c 280 § 7; 1967 c 234
§ 9; 1963 c 236 § 15.]
63.14.151
63.14.151 Retail installment contracts, retail charge
agreements, and lender credit card agreements—Compliance with disclosure requirements of federal consumer
protection act deemed compliance with chapter 63.14
RCW. Any retail installment contract, retail charge agreement, or lender credit card agreement that complies with the
disclosure requirements of Title I of the federal consumer
protection act (82 Stat. 146, 15 U.S.C. 1601) which is also
known as the truth in lending act, as of the date upon which
[Title 63 RCW—page 10]
said retail installment contract, revolving charge agreement,
or lender credit card agreement is executed, shall be deemed
to comply with the disclosure provisions of chapter 63.14
RCW. [1984 c 280 § 8; 1981 c 77 § 9.]
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
63.14.152
63.14.152 Declaratory judgment action to establish if
service charge is excessive. The seller, holder, or buyer may
bring an action for declaratory judgment to establish whether
service charges contracted for or received in connection with
a retail installment transaction are in excess of those allowed
by chapter 234, Laws of 1967. Such an action shall be
brought against the current holder or against the buyer or his
successor in interest or, if the entire principal balance has
been fully paid, by the buyer or his successor in interest
against the holder to whom the final payment was made. No
such action shall be commenced after six months following
the date the final payment becomes due, whether by acceleration or otherwise, nor after six months following the date the
principal balance is fully paid, whichever first occurs. If the
buyer commences such an action and fails to establish that
the service charge is in excess of that allowed by RCW
63.14.130, and if the court finds the action was frivolously
commenced, the defendant or defendants may, in the court's
discretion, recover reasonable attorney's fees and costs from
the buyer. [1967 c 234 § 11.]
63.14.154
63.14.154 Cancellation of transaction by buyer—
Procedure. (1) In addition to any other rights he may have,
the buyer shall have the right to cancel a retail installment
transaction for other than the seller's breach by sending notice
of such cancellation to the seller at his place of business as set
forth in the contract or charge agreement by certified mail,
return receipt requested, which shall be posted not later than
midnight of the third day (excluding Sundays and holidays)
following the date the buyer signs the contract or charge
agreement:
(a) If the retail installment transaction was entered into
by the buyer and solicited in person or by a commercial telephone solicitation as defined by chapter 20, Laws of 1989 by
the seller or his representative at a place other than the seller's
address, which may be his main or branch office, shown on
the contract; and
(b) If the buyer returns goods received or makes them
available to the seller as provided in clause (b) of subsection
(2) of this section.
(2) In the event of cancellation pursuant to this section:
(a) The seller shall, without request, refund to the buyer
within ten days after such cancellation all deposits, including
any down payment, made under the contract or charge agreement and shall return all goods traded in to the seller on
account or in contemplation of the contract less any reasonable costs actually incurred in making ready for sale the
goods so traded in;
(b) The seller shall be entitled to reclaim and the buyer
shall return or make available to the seller at the place of
delivery in its original condition any goods received by the
buyer under the contract or charge agreement;
(2004 Ed.)
Retail Installment Sales of Goods and Services
(c) The buyer shall incur no additional liability for such
cancellation. [1989 c 20 § 18; 1989 c 14 § 8; 1972 ex.s. c 47
§ 4; 1967 c 234 § 12.]
Reviser's note: This section was amended by 1989 c 14 § 8 and by
1989 c 20 § 18, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—1989 c 20: See RCW 19.158.900 and
19.158.901.
63.14.156
63.14.156 Extension or deferment of payments—
Agreement, charges. The holder of a retail installment contract may, upon agreement with the buyer, extend the scheduled due date or defer a scheduled payment of all or of any
part of any installment or installments payable thereunder.
No charge shall be made for any such extension or deferment
unless a written acknowledgment of such extension or deferment is sent or delivered to the buyer. The holder may charge
and contract for the payment of an extension or deferral
charge by the buyer and collect and receive the same, but
such charge may not exceed those permitted by *RCW
63.14.130 (a), (b), or (c) on the amount of the installment or
installments, or part thereof, extended or deferred for the
period of extension or deferral. Such period shall not exceed
the period from the date when such extended or deferred
installment or installments, or part thereof, would have been
payable in the absence of such extension or deferral, to the
date when such installment or installments, or part thereof,
are made payable under the agreement of extension or deferment; except that a minimum charge of one dollar for the
period of extension or deferral may be made in any case
where the extension or deferral charge, when computed at
such rate, amounts to less than one dollar. Such agreement
may also provide for the payment by the buyer of the additional cost to the holder of the contract of premiums for continuing in force, until the end of such period of extension or
deferral, any insurance coverages provided for in the contract, subject to the provisions of RCW 63.14.140. [1967 c
234 § 13.]
*Reviser's note: The reference to RCW 63.14.130 (a), (b), or (c) is
erroneous. RCW 63.14.130(1) (a) or (b) is apparently intended. Subsequently, RCW 63.14.130 was amended by 1992 c 193 § 2, changing the subsection numbering.
63.14.158
63.14.158 Refinancing agreements—Costs—Contents. The holder of a retail installment contract or contracts
may, upon agreement in writing with the buyer, refinance the
payment of the unpaid time balance or balances of the contract or contracts by providing for a new schedule of installment payments.
The holder may charge and contract for the payment of a
refinance charge by the buyer and collect and receive the
same but such refinance charge (1) shall be based upon the
amount refinanced, plus any additional cost of insurance and
of official fees incident to such refinancing, after the deduction of a refund credit in an amount equal to that to which the
buyer would have been entitled under RCW 63.14.080 if he
had prepaid in full his obligations under the contract or contracts, but in computing such refund credit there shall not be
allowed the minimum earned service charge as authorized by
clause (d) of subsection (1) of such section, and (2) may not
exceed the rate of service charge provided under RCW
(2004 Ed.)
63.14.167
63.14.130. Such agreement for refinancing may also provide
for the payment by the buyer of the additional cost to the
holder of the contract or contracts of premiums for continuing in force, until the maturity of the contract or contracts as
refinanced, any insurance coverages provided for therein,
subject to the provisions of RCW 63.14.140.
The refinancing agreement shall set forth the amount of
the unpaid time balance or balances to be refinanced, the
amount of any refund credit, the amount to be refinanced
after the deduction of the refund credit, the amount or rate of
the service charge under the refinancing agreement, any additional cost of insurance and of official fees to the buyer, the
new unpaid time balance, if the service charge is stated as a
dollar amount, and the new schedule of installment payments. Where there is a consolidation of two or more contracts then the provisions of RCW 63.14.110 shall apply.
[1967 c 234 § 14.]
Minimum earned service charges: RCW 63.14.080.
63.14.159
63.14.159 New payment schedule—When authorized. In the event a contract provides for the payment of any
installment which is more than double the amount of the
average of the preceding installments the buyer upon default
of this installment, shall be given an absolute right to obtain a
new payment schedule. Unless agreed to by the buyer, the
periodic payments under the new schedule shall not be substantially greater than the average of the preceding installments. This section shall not apply if the payment schedule is
adjusted to the seasonal or irregular income of the buyer or to
accommodate the nature of the buyer's employment. [1967 c
234 § 15.]
63.14.160
63.14.160 Conduct or agreement of buyer does not
waive remedies. No act or agreement of the retail buyer
before or at the time of the making of a retail installment contract, retail charge agreement, lender credit card agreement,
or purchases thereunder shall constitute a valid waiver of any
of the provisions of this chapter or of any remedies granted to
the buyer by law. [1984 c 280 § 9; 1963 c 236 § 16.]
63.14.165
63.14.165 Financial institution credit card agreement
not subject to chapter 63.14 RCW, but subject to chapter
19.52 RCW. A financial institution credit card is a card or
device issued under an arrangement pursuant to which the
issuing financial institution gives to a card holder residing in
this state the privilege of obtaining credit from the issuer or
other persons in purchasing or leasing property or services,
obtaining loans, or otherwise, and the issuer of which is not
principally engaged in the business of selling goods.
Except as provided in RCW 63.14.167, a financial institution credit card agreement and credit extended pursuant to
it is not subject to the provisions of this chapter but shall be
subject to the provisions of chapter 19.52 RCW. [1984 c 280
§ 10; 1981 c 77 § 10.]
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
63.14.167
63.14.167 Lender credit card agreements and financial institution credit card agreements—Credit to
account for returned goods or forgiveness of a debit for
[Title 63 RCW—page 11]
63.14.170
Title 63 RCW: Personal Property
services—Statement of credit to card issuer—Notice to
cardholder. (1) Pursuant to a lender credit card or financial
institution credit card transaction in which a credit card has
been used to obtain credit, the seller is a person other than the
card issuer, and the seller accepts or allows a return of goods
or forgiveness of a debit for services that were the subject of
the sale, credit shall be applied to the obligor's account as provided by this section.
(2) Within seven working days after a transaction in
which an obligor becomes entitled to credit, the seller shall
transmit a statement to the card issuer through the normal
channels established by the card issuer for the transmittal of
such statements. The credit card issuer shall credit the obligor's account within three working days following receipt of
a credit statement from the seller.
(3) The obligor is not responsible for payment of any service charges resulting from the seller's or card issuer's failure
to comply with subsection (2) of this section.
(4) An issuer issuing a lender credit card or financial
institution credit card shall mail or deliver a notice of the provisions of this section at least once per calendar year, at intervals of not less than six months nor more than eighteen
months, either to all cardholders or to each cardholder entitled to receive a periodic statement for any one billing cycle.
The notice shall state that the obligor is not responsible for
payment of any service charges resulting from the seller's or
card issuer's failure to comply with subsection (2) of this section. [1989 c 11 § 24; 1984 c 280 § 11.]
Severability—1989 c 11: See note following RCW 9A.56.220.
63.14.170
63.14.170 Violations—Penalties. Any person who
shall wilfully and intentionally violate any provision of this
chapter shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six
months, or both. Violation of any order or injunction issued
pursuant to this chapter shall constitute prima facie proof of a
violation of this section. [1963 c 236 § 17.]
person may nevertheless recover from the buyer an amount
equal to the cash price of the goods or services and the cost to
such person of any insurance included in the transaction:
PROVIDED, That if the service charge is in excess of that
allowed by RCW 63.14.130, except as the result of an accidental or bona fide error, the buyer shall be entitled to an
amount equal to the total of (1) twice the amount of the service charge paid, and (2) the amount of the service charge
contracted for and not paid, plus (3) costs and reasonable
attorneys' fees. The reduction in the cash price by the application of the above sentence shall be applied to diminish pro
rata each future installment of principal amount payable
under the terms of the contract or agreement. [1984 c 280 §
12; 1967 c 234 § 10; 1963 c 236 § 18.]
63.14.190
63.14.190 Restraint of violations. The attorney general or the prosecuting attorney may bring an action in the
name of the state against any person to restrain and prevent
any violation of this chapter. [1963 c 236 § 19.]
63.14.200
63.14.200 Assurance of discontinuance of unlawful
practices. In the enforcement of this chapter, the attorney
general may accept an assurance of discontinuance of any act
or practice deemed in violation of this chapter, from any person engaging in, or who has engaged in, such act or practice.
Any such assurance shall be in writing and be filed with and
subject to the approval of the superior court of the county in
which the alleged violator resides or has his principal place of
business, or in Thurston county. Failure to perform the terms
of any such assurance shall constitute prima facie proof of a
violation of this chapter for the purpose of securing any
injunction as provided in RCW 63.14.190 and for the purpose
of RCW 63.14.180 hereof: PROVIDED, That after commencement of any action by a prosecuting attorney, as provided herein, the attorney general may not accept an assurance of discontinuance without the consent of the prosecuting
attorney. [1963 c 236 § 20.]
63.14.210
63.14.175
63.14.175 Violations—Remedies. No person may pursue any remedy alleging a violation of this chapter on the
basis of any act or omission that does not constitute a violation of this chapter as amended by chapter 5, Laws of 1993
sp. sess. For purposes of this section, the phrase "pursue any
remedy" includes pleading a defense, asserting a counterclaim or right of offset or recoupment, commencing, maintaining, or continuing any legal action, or pursuing or defending any appeal. [1993 sp.s. c 5 § 3.]
63.14.180
63.14.180 Noncomplying person barred from recovery of service charge, etc.—Remedy of buyer—Extent of
recovery. Any person who enters into a retail installment
contract, charge agreement, or lender credit card agreement
that does not comply with the provisions of this chapter or
who violates any provision of this chapter except as a result
of an accidental or bona fide error shall be barred from the
recovery of any service charge, official fees, or any delinquency or collection charge under or in connection with the
related retail installment contract or purchases under a retail
charge agreement or lender credit card agreement; but such
[Title 63 RCW—page 12]
63.14.210 Violation of order or injunction—Penalty.
Any person who violates any order or injunction issued pursuant to this chapter shall forfeit and pay a civil penalty of not
more than one thousand dollars. For the purpose of this section the superior court issuing any injunction shall retain
jurisdiction, and the cause shall be continued, and in such
cases the attorney general acting in the name of the state may
petition for the recovery of civil penalties. [1963 c 236 § 21.]
63.14.900
63.14.900 Severability—1963 c 236. If any provision
of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the
constitutionality of the remainder of the chapter and the
applicability thereof to other persons and circumstances shall
not be affected thereby. [1963 c 236 § 23.]
63.14.901
63.14.901 Severability—1967 c 234. If any provision
of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the
constitutionality of the remainder of the act and the applicability thereof to other persons and circumstances shall not be
affected thereby. [1967 c 234 § 16.]
(2004 Ed.)
Lease or Rental of Personal Property—Disclaimer of Warranty of Merchantability or Fitness
63.14.902
63.14.902 Severability—1981 c 77. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 77 § 12.]
63.14.903
63.14.903 Application, saving—1981 c 77. This act
applies only to loans, forbearances, or transactions which are
entered into after May 8, 1981, or to existing loans, forbearances, contracts, or agreements which were not primarily for
personal, family, or household use in which there is an addition to the principal amount of the credit outstanding after
May 8, 1981. [1981 c 77 § 13.]
63.14.904
63.14.904 Severability—1984 c 280. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 280 § 13.]
63.14.910
63.14.910 Saving—1963 c 236. The provisions of this
chapter shall not invalidate or make unlawful retail installment contracts or retail charge agreements executed prior to
the effective date hereof. [1963 c 236 § 24.]
63.14.920
63.14.920 Effective date—1963 c 236. This chapter
shall take effect October 1, 1963. [1963 c 236 § 25.]
63.14.921
63.14.921 Effective date—Saving—1967 c 234. This
1967 amendatory act shall take effect on January 1, 1968.
Nothing in this 1967 amendatory act shall be construed to
affect the validity of any agreement or contractual relationship entered into prior to such date, except that the rate of any
service charge computed periodically on the outstanding balance in excess of that allowed by this 1967 amendatory act
shall be reduced to a permissible rate on or before January 1,
1968. [1967 c 234 § 17.]
adopted pursuant to those statutes; nor as affecting any proceeding instituted under them. [1995 c 249 § 3.]
63.14.926
63.14.926 Effective date—1995 c 249. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 5, 1995]. [1995 c 249 § 5.]
Chapter 63.18 RCW
LEASE OR RENTAL OF PERSONAL PROPERTY—
DISCLAIMER OF WARRANTY OF
MERCHANTABILITY OR FITNESS
Chapter 63.18
Sections
63.18.010
63.14.923
63.14.923 Severability—1993 sp.s. c 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1993 sp.s. c 5 § 5.]
Lease or rental agreement for lease of personal property—Disclaimer of warranty of merchantability or fitness—Limitation—Exceptions.
63.18.010
63.18.010 Lease or rental agreement for lease of personal property—Disclaimer of warranty of merchantability or fitness—Limitation—Exceptions. In any lease or
rental agreement for the lease of movable personal property
for use primarily in this state (other than a lease under which
the lessee is authorized to use such property at no charge), if
the rental or other consideration paid or payable thereunder is
at a rate which if computed on an annual basis would be six
thousand dollars per year or less, no provision thereof purporting to disclaim any warranty of merchantability or fitness
for particular purposes which may be implied by law shall be
enforceable unless either (1) the disclaimer sets forth with
particularity the qualities and characteristics which are not
being warranted, or (2) the lessee is engaged in a public utility business or a public service business subject to regulation
by the United States or this state. [1974 ex.s. c 180 § 3.]
Exclusion or modification of warranties: RCW 62A.2-316.
Chapter 63.19
63.14.922
63.14.922 Effective date—1993 sp.s. c 5. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 28, 1993]. [1993 sp.s. c 5 § 4.]
63.19.010
Chapter 63.19 RCW
LEASE-PURCHASE AGREEMENTS
Sections
63.19.010
63.19.020
63.19.030
63.19.040
63.19.050
63.19.060
63.19.070
63.19.080
63.19.090
63.19.100
63.19.110
63.19.900
63.19.901
Definitions.
Chapter application.
Disclosure by lessor—Requirement.
Disclosure by lessor—Contents.
Agreement—Restrictions.
Consumer—Reinstatement of agreement—Terms.
Written receipt—Lessor's duty.
Renegotiation—Same lessor and consumer.
Advertising—Requirements—Liability.
Upholstered furniture or bedding.
Violation—Application of chapter 19.86 RCW.
Short title—1992 c 134.
Severability—1992 c 134.
63.14.924
63.14.924 Application—1995 c 249. This act applies
prospectively only and not retroactively. It applies only to
retail installment transactions entered into on or after May 5,
1995. [1995 c 249 § 2.]
63.14.925
63.14.925 Savings—1995 c 249. The repeals in section
1, chapter 249, Laws of 1995 shall not be construed as affecting any existing right acquired or liability or obligation
incurred under the statutes repealed or under any rule or order
(2004 Ed.)
63.19.010
63.19.010 Definitions. As used in this chapter, unless
the context otherwise requires:
(1) "Advertisement" means a commercial message in
any medium that aids, promotes, or assists, directly or indirectly, a lease-purchase agreement.
(2) "Cash price" means the price at which the lessor
would have sold the property to the consumer for cash on the
date of the lease-purchase agreement.
[Title 63 RCW—page 13]
63.19.020
Title 63 RCW: Personal Property
(3) "Consumer" means a natural person who rents personal property under a lease-purchase agreement to be used
primarily for personal, family, or household purposes.
(4) "Consummation" means the time a consumer
becomes contractually obligated on a lease-purchase agreement.
(5) "Lease-purchase agreement" means an agreement for
the use of personal property by a natural person primarily for
personal, family, or household purposes, for an initial period
of four months or less that is automatically renewable with
each payment after the initial period, but does not obligate or
require the consumer to continue leasing or using the property beyond the initial period, and that permits the consumer
to become the owner of the property.
(6) "Lessor" means a person who regularly provides the
use of property through lease-purchase agreements and to
whom lease payments are initially payable on the face of the
lease-purchase agreement. [1992 c 134 § 2.]
63.19.020
63.19.020 Chapter application. (1) Lease-purchase
agreements that comply with this chapter are not governed by
the laws relating to:
(a) A consumer lease as defined in chapter 63.10 RCW;
(b) A retail installment sale of goods or services as regulated under chapter 63.14 RCW;
(c) A security interest as defined in Title 62A RCW; or
(d) Loans, forbearances of money, goods, or things in
action as governed by chapter 19.52 RCW.
(2) This chapter does not apply to the following:
(a) Lease-purchase agreements primarily for business,
commercial, or agricultural purposes, or those made with
governmental agencies or instrumentalities or with organizations;
(b) A lease of a safe deposit box;
(c) A lease or bailment of personal property that is incidental to the lease of real property, and that provides that the
consumer has no option to purchase the leased property; or
(d) A lease of an automobile. [1992 c 134 § 3.]
63.19.030
63.19.030 Disclosure by lessor—Requirement. (1)
The lessor shall disclose to the consumer the information
required under this chapter. In a transaction involving more
than one lessor, only one lessor need make the disclosures,
but all lessors shall be bound by such disclosures.
(2) The disclosure shall be made at or before consummation of the lease-purchase agreement.
(3) The disclosure shall be made clearly and conspicuously in writing and a copy of the lease-purchase agreement
provided to the consumer. The disclosures required under
RCW 63.19.040(1) shall be made on the face of the contract
above the line for the consumer's signature.
(4) If a disclosure becomes inaccurate as the result of any
act, occurrence, or agreement by the consumer after delivery
of the required disclosures, the resulting inaccuracy is not a
violation of this chapter. [1992 c 134 § 4.]
63.19.040
63.19.040 Disclosure by lessor—Contents. (1) For
each lease-purchase agreement, the lessor shall disclose in
the agreement the following items, as applicable:
[Title 63 RCW—page 14]
(a) The total number, total amount, and timing of all payments necessary to acquire ownership of the property;
(b) A statement that the consumer will not own the property until the consumer has made the total payment necessary
to acquire ownership;
(c) A statement that the consumer is responsible for the
fair market value of the property if, and as of the time, it is
lost, stolen, damage, or destroyed;
(d) A brief description of the leased property, sufficient
to identify the property to the consumer and the lessor,
including an identification number, if applicable, and a statement indicating whether the property is new or used, but a
statement that indicates new property is used is not a violation of this chapter;
(e) A brief description of any damage to the leased property;
(f) A statement of the cash price of the property. Where
the agreement involves a lease of five or more items as a set,
in one agreement, a statement of the aggregate cash price of
all items shall satisfy this requirement;
(g) The total of initial payments paid or required at or
before consummation of the agreement or delivery of the
property, whichever is later;
(h) A statement that the total of payments does not
include other charges, such as late payment, default, pickup,
and reinstatement fees, which fees shall be separately disclosed in the contract;
(i) A statement clearly summarizing the terms of the consumer's option to purchase, including a statement that the
consumer has the right to exercise an early purchase option
and the price, formula, or method for determining the price at
which the property may be so purchased;
(j) A statement identifying the party responsible for
maintaining or servicing the property while it is being leased,
together with a description of that responsibility, and a statement that if any part of a manufacturer's express warranty
covers the lease property at the time the consumer acquires
ownership of the property, it shall be transferred to the consumer, if allowed by the terms of the warranty;
(k) The date of the transaction and the identities of the
lessor and consumer;
(l) A statement that the consumer may terminate the
agreement without penalty by voluntarily surrendering or
returning the property in good repair upon expiration of any
lease term along with any past due rental payments; and
(m) Notice of the right to reinstate an agreement as
herein provided.
(2) With respect to matters specifically governed by the
federal consumer credit protection act, compliance with the
act satisfies the requirements of this section. [1992 c 134 §
5.]
63.19.050 Agreement—Restrictions. A lease-purchase agreement may not contain:
(1) A confession of judgment;
(2) A negotiable instrument;
(3) A security interest or any other claim of a property
interest in any goods except those goods delivered by the lessor pursuant to the lease-purchase agreement;
(4) A wage assignment;
(5) A waiver by the consumer of claims or defenses; or
63.19.050
(2004 Ed.)
Lost and Found Property
(6) A provision authorizing the lessor or a person acting
on the lessor's behalf to enter upon the consumer's premises
or to commit any breach of the peace in the repossession of
goods. [1992 c 134 § 6.]
63.19.060
63.19.060 Consumer—Reinstatement of agreement—Terms. (1) A consumer who fails to make a timely
rental payment may reinstate the agreement, without losing
any rights or options that exist under the agreement, by the
payment of:
(a) All past due rental charges;
(b) If the property has been picked up, the reasonable
costs of pickup and redelivery; and
(c) Any applicable late fee, within ten days of the
renewal date if the consumer pays monthly, or within five
days of the renewal date if the consumer pays more frequently than monthly.
(2) In the case of a consumer who has paid less than twothirds of the total of payments necessary to acquire ownership and where the consumer has returned or voluntarily surrendered the property, other than through judicial process,
during the applicable reinstatement period set forth in subsection (1) of this section, the consumer may reinstate the agreement during a period of not less than twenty-one days after
the date of the return of the property.
(3) In the case of a consumer who has paid two-thirds or
more of the total of payments necessary to acquire ownership, and where the consumer has returned or voluntarily surrendered the property, other than through judicial process,
during the applicable period set forth in subsection (1) of this
section, the consumer may reinstate the agreement during a
period of not less than forty-five days after the date of the
return of the property.
(4) Nothing in this section shall prevent a lessor from
attempting to repossess property during the reinstatement
period, but such a repossession shall not affect the consumer's
right to reinstate. Upon reinstatement, the lessor shall provide
the consumer with the same property or substitute property of
comparable quality and condition. [1992 c 134 § 7.]
Chapter 63.21
(2) No disclosures are required for any extension of a
lease-purchase agreement. [1992 c 134 § 9.]
63.19.090
63.19.090 Advertising—Requirements—Liability.
(1) If an advertisement for a lease-purchase agreement refers
to or states the dollar amount of any payment and the right to
acquire ownership for any one specific item, the advertisement shall also clearly and conspicuously state the following
items, as applicable:
(a) That the transaction advertised is a lease-purchase
agreement;
(b) The total of payments necessary to acquire ownership; and
(c) That the consumer acquires no ownership rights if the
total amount necessary to acquire ownership is not paid.
(2) Any owner or personnel of any medium in which an
advertisement appears or through which it is disseminated
shall not be liable under this section.
(3) The provisions of subsection (1) of this section shall
not apply to an advertisement that does not refer to or state
the amount of any payment, or which is published in the yellow pages of a telephone directory or in any similar directory
of business. [1992 c 134 § 10.]
63.19.100
63.19.100 Upholstered furniture or bedding. Upon
the return of leased upholstered furniture or bedding, the lessor shall sanitize the property. A lessor shall not lease used
upholstered furniture or bedding that has not been sanitized.
[1992 c 134 § 11.]
63.19.110
63.19.110 Violation—Application of chapter 19.86
RCW. The Washington lease-purchase agreement act is a
matter affecting the public interest for the purpose of applying chapter 19.86 RCW. The violation of this chapter is not
reasonable in relation to the development and preservation of
business. A violation of this chapter constitutes an unfair or
deceptive act or practice in trade or commerce for the purpose
of applying chapter 19.86 RCW. [1992 c 134 § 12.]
63.19.900
63.19.070
63.19.070 Written receipt—Lessor's duty. A lessor
shall provide the consumer a written receipt for each payment
made by cash or money order. [1992 c 134 § 8.]
63.19.900 Short title—1992 c 134. This act may be
known and cited as the Washington lease-purchase agreement act. [1992 c 134 § 1.]
63.19.901
63.19.080
63.19.080 Renegotiation—Same lessor and consumer. (1) A renegotiation shall occur when an existing
lease-purchase agreement is satisfied and replaced by a new
agreement undertaken by the same lessor and consumer. A
renegotiation shall be considered a new agreement requiring
new disclosures. However, events such as the following shall
not be treated as renegotiations:
(a) The addition or return of property in a multiple-item
agreement or the substitution of the lease property, if in either
case the average payment allocable to a payment period is not
changed by more than twenty-five percent;
(b) A deferral or extension of one or more periodic payments, or portions of a periodic payment;
(c) A reduction in charges in the lease or agreement; and
(d) A lease or agreement involved in a court proceeding.
(2004 Ed.)
63.19.901 Severability—1992 c 134. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1992 c 134 § 18.]
Chapter 63.21
Chapter 63.21 RCW
LOST AND FOUND PROPERTY
Sections
63.21.010
63.21.020
63.21.030
63.21.040
Procedure where finder wishes to claim found property—
Appraisal—Surrender of property—Notice of intent to
claim—Publication.
Circumstances extinguishing finder's claim to property.
Release of property to finder—Limitations—Payment to governmental entity—Expiration of finder's claim.
Failure to comply with chapter—Forfeiture of right to property.
[Title 63 RCW—page 15]
63.21.010
63.21.050
63.21.060
63.21.070
63.21.080
63.21.900
Title 63 RCW: Personal Property
Duties of chief law enforcement officer receiving found property.
Duties of governmental entity acquiring lost property—Disposal of property.
Claim to found property by employee, officer, or agent of governmental entity—Limitation.
Chapter not applicable to certain unclaimed property.
Severability—1979 ex.s. c 85.
63.21.010 Procedure where finder wishes to claim
found property—Appraisal—Surrender of property—
Notice of intent to claim—Publication. (1) Any person
who finds property that is not unlawful to possess, the owner
of which is unknown, and who wishes to claim the found
property, shall:
(a) Within seven days of the finding acquire a signed
statement setting forth an appraisal of the current market
value of the property prepared by a qualified person engaged
in buying or selling like items or by a district court judge,
unless the found property is cash; and
(b) Within seven days report the find of property and surrender, if requested, the property and a copy of the evidence
of the value of the property to the chief law enforcement
officer, or his or her designated representative, of the governmental entity where the property was found, and serve written notice upon the officer of the finder's intent to claim the
property if the owner does not make out his or her right to it
under this chapter.
(2) Within thirty days of the report the governmental
entity shall cause notice of the finding to be published at least
once a week for two successive weeks in a newspaper of general circulation in the county where the property was found,
unless the appraised value of the property is less than the cost
of publishing notice. If the value is less than the cost of publishing notice, the governmental entity may cause notice to be
posted or published in other media or formats that do not
incur expense to the governmental entity. [1997 c 237 § 1;
1979 ex.s. c 85 § 1.]
63.21.010
63.21.020 Circumstances extinguishing finder's
claim to property. The finder's claim to the property shall be
extinguished:
(1) If the owner satisfactorily establishes, within sixty
days after the find was reported to the appropriate officer, the
owner's right to possession of the property; or
(2) If the chief law enforcement officer determines and
so informs the finder that the property is illegal for the finder
to possess. [1979 ex.s. c 85 § 2.]
63.21.020
63.21.030 Release of property to finder—Limitations—Payment to governmental entity—Expiration of
finder's claim. (1) The found property shall be released to
the finder and become the property of the finder sixty days
after the find was reported to the appropriate officer if no
owner has been found, or sixty days after the final disposition
of any judicial or other official proceeding involving the
property, whichever is later. The property shall be released
only after the finder has presented evidence of payment to the
treasurer of the governmental entity handling the found property, the amount of ten dollars plus the amount of the cost of
publication of notice incurred by the government [governmental] entity pursuant to RCW 63.21.010, which amount
shall be deposited in the general fund of the governmental
63.21.030
[Title 63 RCW—page 16]
entity. If the appraised value of the property is less than the
cost of publication of notice of the finding, then the finder is
not required to pay any fee.
(2) When ninety days have passed after the found property was reported to the appropriate officer, or ninety days
after the final disposition of a judicial or other proceeding
involving the found property, and the finder has not completed the requirements of this chapter, the finder's claim
shall be deemed to have expired and the found property may
be disposed of as unclaimed property under chapter 63.32 or
63.40 RCW. Such laws shall also apply whenever a finder
states in writing that he or she has no intention of claiming the
found property. [1997 c 237 § 2; 1979 ex.s. c 85 § 3.]
63.21.040
63.21.040 Failure to comply with chapter—Forfeiture of right to property. Any finder of property who fails
to discharge the duties imposed by this chapter shall forfeit
all right to the property and shall be liable for the full value of
the property to its owner. [1979 ex.s. c 85 § 4.]
63.21.050
63.21.050 Duties of chief law enforcement officer
receiving found property. The chief law enforcement
officer or his or her designated representative to whom a
finder surrenders property, shall:
(1) Advise the finder if the found property is illegal for
him or her to possess;
(2) Advise the finder if the found property is to be held
as evidence in judicial or other official proceedings;
(3) Advise the finder in writing of the procedures to be
followed in claiming the found property;
(4) If the property is valued at twenty-five dollars or less,
allow the finder to retain the property if it is determined there
is no reason for the officer to retain the property;
(5) If the property exceeds twenty-five dollars in value
and has been requested to be surrendered to the law enforcement agency, retain the property for sixty days before it can
be claimed by the finder under this chapter, unless the owner
shall have recovered the property;
(6) If the property is held as evidence in judicial or other
official proceedings, retain the property for sixty days after
the final disposition of the judicial or other official proceeding, before it can be claimed by the finder or owner under the
provisions of this chapter;
(7) After the required number of days have passed, and if
no owner has been found, surrender the property to the finder
according to the requirements of this chapter; or
(8) If neither the finder nor the owner claim the property
retained by the officer within thirty days of the time when the
claim can be made, the property shall be disposed of as
unclaimed property under chapter 63.32 or 63.40 RCW.
[1979 ex.s. c 85 § 5.]
63.21.060
63.21.060 Duties of governmental entity acquiring
lost property—Disposal of property. Any governmental
entity that acquires lost property shall attempt to notify the
apparent owner of the property. If the property is not returned
to a person validly establishing ownership or right to possession of the property, the governmental entity shall forward
the lost property within thirty days but not less than ten days
after the time the governmental entity acquires the lost prop(2004 Ed.)
Unclaimed Property in Hands of Bailee
erty to the chief law enforcement officer, or his or her designated representative, of the county in which the property was
found, except that if the property is found within the borders
of a city or town the property shall be forwarded to the chief
law enforcement officer of the city or town or his or her designated representative. A governmental entity may elect to
retain property which it acquires and dispose of the property
as provided by chapter 63.32 or 63.40 RCW. [1979 ex.s. c 85
§ 6.]
63.21.070 Claim to found property by employee,
officer, or agent of governmental entity—Limitation. An
employee, officer, or agent of a governmental entity who
finds or acquires any property covered by this chapter while
acting within the course of his or her employment may not
claim possession of the lost property as a finder under this
chapter unless the governing body of the governmental entity
has specifically provided, by ordinance, resolution, or rule for
such a claim. [1979 ex.s. c 85 § 7.]
63.21.070
63.21.080 Chapter not applicable to certain
unclaimed property. This chapter shall not apply to:
(1) Motor vehicles under chapter 46.52 RCW;
(2) Unclaimed property in the hands of a bailee under
chapter 63.24 RCW;
(3) Uniform disposition of unclaimed property under
chapter 63.29 RCW; and
(4) Secured vessels under *chapter 88.27 RCW. [1994 c
51 § 6; 1985 c 7 § 125; 1979 ex.s. c 85 § 8.]
63.21.080
*Reviser's note: Chapter 88.27 RCW was recodified as chapter 79A.65
RCW pursuant to 1999 c 249 § 1601.
Severability—1994 c 51: See RCW 79A.65.900.
63.21.900 Severability—1979 ex.s. c 85. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 85 § 11.]
63.26.030
owner's identity or address is unknown, sixty days from when
notice was attempted, the bailee shall:
(1) If the reasonable aggregate value of the unclaimed
property is less than one hundred dollars, donate the property,
or proceeds thereof, to a charitable organization exempt from
federal income tax under the federal internal revenue code; or
(2) If the reasonable aggregate value of the unclaimed
property is one hundred dollars or more, forward the property
to the chief of police or sheriff for disposition as unclaimed
property under chapter 63.32 or 63.40 RCW. [1988 c 226 §
1; 1981 c 154 § 5.]
63.24.170 Bailee not liable to owner—Reimbursed
for reasonable costs. A bailee is not liable to the owner for
unclaimed property disposed of in good faith in accordance
with the requirements of this chapter. A bailee shall be reimbursed from the proceeds of sale of any unclaimed property
disposed of under RCW 63.24.160 for the reasonable costs or
charges for any goods or services provided by the bailee
regarding the property, and for the costs to provide notice to
the owner. [1990 c 41 § 1; 1981 c 154 § 6.]
63.24.170
Chapter 63.26 RCW
UNCLAIMED PROPERTY HELD BY MUSEUM OR
HISTORICAL SOCIETY
Chapter 63.26
Sections
63.26.010
63.26.020
63.26.030
63.26.040
63.26.050
Definitions.
Abandoned property—Notice.
Loaned property deemed donated—Notice of owner's change
of address—Notice of provisions of chapter.
Notice of abandonment of property.
Vesting of title in museum or historical society—Subsequent
purchase from museum or historical society.
63.21.900
Chapter 63.24 RCW
UNCLAIMED PROPERTY IN HANDS OF BAILEE
Chapter 63.24
Sections
63.24.150
63.24.160
63.24.170
Notice to owner.
Disposition of unclaimed property—Donation to charitable
organization or transmittal to police or sheriff.
Bailee not liable to owner—Reimbursed for reasonable costs.
Abandoned inmate personal property: Chapter 63.42 RCW.
Unclaimed property in hands of state patrol: Chapter 63.35 RCW.
63.24.150 Notice to owner. Unless otherwise provided
between the parties, if personal property deposited with a bailee is unclaimed for a period of thirty days, the bailee shall
notify the owner, if known, either personally or by mail that
the property is subject to disposition under RCW 63.24.160.
[1981 c 154 § 4.]
63.24.150
63.24.160 Disposition of unclaimed property—Donation to charitable organization or transmittal to police or
sheriff. If property not covered by chapter 63.26 RCW
remains unclaimed sixty days after notice is given, or, if the
63.24.160
(2004 Ed.)
63.26.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Museum or historical society" means an institution
operated by a nonprofit corporation, nonprofit association, or
public agency, primarily educational, scientific, historic, or
aesthetic in purpose, which owns, borrows, studies, or cares
for tangible objects, including archives, and exhibits them as
appropriate.
(2) "Property" includes all documents and tangible
objects, animate and inanimate, under the care of a museum
or historical society which have intrinsic scientific, historic,
artistic, or cultural value. [1988 c 226 § 3.]
63.26.010
63.26.020
63.26.020 Abandoned property—Notice. Any property held by a museum or historical society within the state,
other than by terms of a loan agreement, that has been held
for five years or more and has remained unclaimed shall be
deemed to be abandoned. Such property shall become the
property of the museum or historical society if the museum or
society has given notice pursuant to RCW 63.26.040 and no
assertion of title has been filed for the property within ninety
days from the date of the second published notice. [1988 c
226 § 4.]
63.26.030 Loaned property deemed donated—Notice
of owner's change of address—Notice of provisions of
63.26.030
[Title 63 RCW—page 17]
63.26.040
Title 63 RCW: Personal Property
chapter. (1) Property subject to a loan agreement which is
on loan to a museum or historical society shall be deemed to
be donated to the museum or society if no claim is made or
action filed to recover the property after termination or expiration of the loan and if the museum or society has given
notice pursuant to RCW 63.26.040 and no assertion of title
has been filed within ninety days from the date of the second
published notice.
(2) A museum or society may terminate a loan of property if the property was loaned to the museum or society for
an indefinite term and the property has been held by the
museum or society for five years or more. Property on "permanent loan" shall be deemed to be loaned for an indefinite
term.
(3) If property was loaned to the museum or society for a
specified term, the museum or society may give notice of termination of the loan at any time after expiration of the specified term.
(4) It is the responsibility of the owner of property on
loan to a museum or society to notify the museum or society
promptly in writing of any change of address or change in
ownership of the property.
(5) When a museum or society accepts a loan of property, the museum or society shall inform the owner in writing
of the provisions of this chapter. [1988 c 226 § 5.]
63.26.040
63.26.040 Notice of abandonment of property. (1)
When a museum or historical society is required to give
notice of abandonment of property or of termination of a
loan, the museum or historical society shall mail such notice
by certified mail, return receipt requested, to the last known
owner at the most recent address of such owner as shown on
the museum's or society's records. If the museum or society
has no address on record, or the museum or society does not
receive written proof of receipt of the mailed notice within
thirty days of the date the notice was mailed, the museum or
society shall publish notice, at least once each week for two
consecutive weeks, in a newspaper of general circulation in
both the county in which the museum is located and the
county in which the last known address, if available, of the
owner is located.
(2) The published notice shall contain:
(a) A description of the unclaimed property;
(b) The name and last known address of the owner;
(c) A request that all persons who may have any knowledge of the whereabouts of the owner provide written notice
to the museum or society; and
(d) A statement that if written assertion of title is not presented by the owner to the museum or society within ninety
days from the date of the second published notice, the property shall be deemed abandoned or donated and shall become
the property of the museum or society.
(3) For purposes of this chapter, if the loan of property
was made to a branch of a museum or society, the museum or
society is deemed to be located in the county in which the
branch is located. Otherwise the museum or society is located
in the county in which it has its principal place of business.
[1988 c 226 § 6.]
[Title 63 RCW—page 18]
63.26.050 Vesting of title in museum or historical
society—Subsequent purchase from museum or historical society. (1) If no written assertion of title has been presented by the owner to the museum or society within ninety
days from the date of the second published notice, title to the
property shall vest in the museum or historical society, free of
all claims of the owner and of all persons claiming under the
owner.
(2) One who purchases or otherwise acquires property
from a museum or historical society acquires good title to the
property if the museum or society has acquired title to the
property under this chapter. [1988 c 226 § 7.]
63.26.050
Chapter 63.29 RCW
UNIFORM UNCLAIMED PROPERTY ACT
Chapter 63.29
Sections
63.29.010
63.29.020
63.29.030
63.29.033
63.29.040
63.29.050
63.29.060
63.29.070
63.29.080
63.29.090
63.29.100
63.29.110
63.29.120
63.29.130
63.29.133
63.29.135
63.29.140
63.29.150
63.29.160
63.29.165
63.29.170
63.29.180
63.29.190
63.29.200
63.29.210
63.29.220
63.29.230
63.29.240
63.29.250
63.29.260
63.29.270
63.29.280
63.29.290
63.29.300
63.29.310
63.29.320
63.29.330
63.29.340
63.29.350
63.29.360
63.29.370
63.29.380
63.29.900
63.29.901
63.29.902
63.29.903
63.29.904
63.29.905
63.29.906
Definitions and use of terms.
Property presumed abandoned—General rule.
General rules for taking custody of intangible unclaimed property.
Property presumed abandoned—State or subdivision is originator or issuer.
Travelers checks and money orders.
Checks, drafts, and similar instruments issued or certified by
banking and financial organizations.
Bank deposits and funds in financial organizations.
Funds owing under life insurance policies.
Deposits held by utilities.
Refunds held by business associations.
Stock and other intangible interests in business associations.
Property of business associations held in course of dissolution.
Property held by agents and fiduciaries.
Property held by courts and public agencies.
Property held by landlord.
Abandoned intangible property held by local government.
Gift certificates and credit memos.
Wages.
Contents of safe deposit box or other safekeeping repository.
Property in self-storage facility.
Report of abandoned property.
Notice and publication of lists of abandoned property.
Payment or delivery of abandoned property.
Custody by state—Holder relieved from liability—Reimbursement of holder paying claim—Reclaiming for owner—
Defense of holder—Payment of safe deposit box or repository charges.
Crediting of dividends, interest, or increments to owner's
account.
Public sale of abandoned property.
Deposit of funds.
Filing of claim with department.
Claim of another state to recover property—Procedure.
Action to establish claim.
Election to take payment or delivery.
Destruction or disposition of property having insubstantial
commercial value—Immunity from liability.
Periods of limitation.
Requests for reports and examination of records.
Retention of records.
Enforcement.
Interstate agreements and cooperation—Joint and reciprocal
actions with other states.
Interest and penalties.
Penalty for excessive fee for locating abandoned property.
Foreign transactions.
Rules.
Information and records confidential.
Effect of new provisions—Clarification of application.
Captions not law—1983 c 179.
Uniformity of application and construction.
Short title.
Severability—1983 c 179.
Effective date—1983 c 179.
Effective date—1996 c 45.
Abandoned inmate personal property: Chapter 63.42 RCW.
(2004 Ed.)
Uniform Unclaimed Property Act
Unclaimed property in hands of state patrol: Chapter 63.35 RCW.
63.29.010
63.29.010 Definitions and use of terms. As used in
this chapter, unless the context otherwise requires:
(1) "Department" means the department of revenue
established under RCW 82.01.050.
(2) "Apparent owner" means the person whose name
appears on the records of the holder as the person entitled to
property held, issued, or owing by the holder.
(3) "Attorney general" means the chief legal officer of
this state referred to in chapter 43.10 RCW.
(4) "Banking organization" means a bank, trust company, savings bank, land bank, safe deposit company, private
banker, or any organization defined by other law as a bank or
banking organization.
(5) "Business association" means a nonpublic corporation, joint stock company, investment company, business
trust, partnership, or association for business purposes of two
or more individuals, whether or not for profit, including a
banking organization, financial organization, insurance company, or utility.
(6) "Domicile" means the state of incorporation of a corporation and the state of the principal place of business of an
unincorporated person.
(7) "Financial organization" means a savings and loan
association, cooperative bank, building and loan association,
or credit union.
(8) "Gift certificate" has the same meaning as in RCW
19.240.010.
(9) "Holder" means a person, wherever organized or
domiciled, who is:
(a) In possession of property belonging to another,
(b) A trustee, or
(c) Indebted to another on an obligation.
(10) "Insurance company" means an association, corporation, fraternal or mutual benefit organization, whether or
not for profit, which is engaged in providing insurance coverage, including accident, burial, casualty, credit life, contract
performance, dental, fidelity, fire, health, hospitalization, illness, life (including endowments and annuities), malpractice,
marine, mortgage, surety, and wage protection insurance.
(11) "Intangible property" does not include contract
claims which are unliquidated but does include:
(a) Moneys, checks, drafts, deposits, interest, dividends,
and income;
(b) Credit balances, customer overpayments, gift certificates, security deposits, refunds, credit memos, unpaid
wages, unused airline tickets, and unidentified remittances,
but does not include discounts which represent credit balances for which no consideration was given;
(c) Stocks, and other intangible ownership interests in
business associations;
(d) Moneys deposited to redeem stocks, bonds, coupons,
and other securities, or to make distributions;
(e) Liquidated amounts due and payable under the terms
of insurance policies; and
(f) Amounts distributable from a trust or custodial fund
established under a plan to provide health, welfare, pension,
vacation, severance, retirement, death, stock purchase, profit
sharing, employee savings, supplemental unemployment
insurance, or similar benefits.
(2004 Ed.)
63.29.020
(12) "Last known address" means a description of the
location of the apparent owner sufficient for the purpose of
the delivery of mail.
(13) "Owner" means a depositor in the case of a deposit,
a beneficiary in case of a trust other than a deposit in trust, a
creditor, claimant, or payee in the case of other intangible
property, or a person having a legal or equitable interest in
property subject to this chapter or his legal representative.
(14) "Person" means an individual, business association,
state or other government, governmental subdivision or
agency, public corporation, public authority, estate, trust, two
or more persons having a joint or common interest, or any
other legal or commercial entity.
(15) "State" means any state, district, commonwealth,
territory, insular possession, or any other area subject to the
legislative authority of the United States.
(16) "Third party bank check" means any instrument
drawn against a customer's account with a banking organization or financial organization on which the banking organization or financial organization is only secondarily liable.
(17) "Utility" means a person who owns or operates for
public use any plant, equipment, property, franchise, or
license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of
electricity, water, steam, or gas. [2004 c 168 § 13; 1983 c 179
§ 1.]
Effective date—2004 c 168 §§ 13 and 14: "Sections 13 and 14 of this
act take effect July 1, 2004." [2004 c 168 § 19.]
63.29.020
63.29.020 Property presumed abandoned—General
rule. (1) Except as otherwise provided by this chapter, all
intangible property, including any income or increment
derived therefrom, less any lawful charges, that is held,
issued, or owing in the ordinary course of the holder's business and has remained unclaimed by the owner for more than
three years after it became payable or distributable is presumed abandoned.
(2) Property, with the exception of unredeemed Washington state lottery tickets and unpresented winning parimutuel tickets, is payable and distributable for the purpose of
this chapter notwithstanding the owner's failure to make
demand or to present any instrument or document required to
receive payment.
(3) This chapter does not apply to claims drafts issued by
insurance companies representing offers to settle claims
unliquidated in amount or settled by subsequent drafts or
other means.
(4) This chapter does not apply to property covered by
chapter 63.26 RCW.
(5) This chapter does not apply to used clothing, umbrellas, bags, luggage, or other used personal effects if such property is disposed of by the holder as follows:
(a) In the case of personal effects of negligible value, the
property is destroyed; or
(b) The property is donated to a bona fide charity.
(6) This chapter does not apply to a gift certificate subject to the prohibition against expiration dates under RCW
19.240.020 or to a gift certificate subject to RCW 19.240.030
through 19.240.060. However, this chapter applies to gift
certificates presumed abandoned under RCW 63.29.110.
[Title 63 RCW—page 19]
63.29.030
Title 63 RCW: Personal Property
[2004 c 168 § 14; 2003 1st sp.s. c 13 § 1; 1992 c 122 § 1; 1988
c 226 § 2; 1983 c 179 § 2.]
Effective date—2004 c 168 §§ 13 and 14: See note following RCW
63.29.010.
Effective dates—2003 1st sp.s. c 13: "(1) Sections 8 through 10 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public institutions, and take effect August 1, 2003.
(2) Sections 11 through 16 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2003.
(3) Sections 1 through 7 of this act take effect January 1, 2004." [2003
1st sp.s. c 13 § 17.]
63.29.030
63.29.030 General rules for taking custody of intangible unclaimed property. Unless otherwise provided in
this chapter or by other statute of this state, intangible property is subject to the custody of this state as unclaimed property if the conditions raising a presumption of abandonment
under RCW 63.29.020 and 63.29.050 through 63.29.160 are
satisfied and:
(1) The last known address, as shown on the records of
the holder, of the apparent owner is in this state;
(2) The records of the holder do not reflect the identity of
the person entitled to the property and it is established that the
last known address of the person entitled to the property is in
this state;
(3) The records of the holder do not reflect the last
known address of the apparent owner, and it is established
that:
(a) The last known address of the person entitled to the
property is in this state, or
(b) The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid or delivered the property to the state of the last
known address of the apparent owner or other person entitled
to the property;
(4) The last known address, as shown on the records of
the holder, of the apparent owner is in a state that does not
provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable
to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this state:
PROVIDED, That a holder may rely, with acquittance, upon
a list of such states which shall be provided by the department;
(5) The last known address, as shown on the records of
the holder, of the apparent owner is in a foreign nation and
the holder is a domiciliary or a government or governmental
subdivision or agency of this state; or
(6) The transaction out of which the property arose
occurred in this state; and
(a)(i) The last known address of the apparent owner or
other person entitled to the property is unknown, or
(ii) The last known address of the apparent owner or
other person entitled to the property is in a state that does not
provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable
to the property: PROVIDED, That a holder may rely, with
acquittance, upon a list of such states which shall be provided
by the department, and
[Title 63 RCW—page 20]
(b) The holder is a domiciliary of a state that does not
provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable
to the property. [1983 c 179 § 3.]
63.29.033
63.29.033 Property presumed abandoned—State or
subdivision is originator or issuer. (1) All intangible property, including but not limited to securities, principal, interest, dividends, or other earnings thereon, less any lawful
charges, held by a business association, federal, state or local
government or governmental subdivision, agency or entity,
or any other person or entity, regardless of where the holder
may be found, if the owner has not claimed such property or
corresponded in writing with the holder concerning the property within three years after the date prescribed for payment
or delivery by the issuer, unless the holder is a state that has
taken custody pursuant to its own unclaimed property laws,
in which case no additional period of holding beyond that of
such state is necessary hereunder is presumed abandoned and
subject to the custody of the state of Washington as
unclaimed property if:
(a) The last known address of the owner is unknown; and
(b) The person or entity originating or issuing the intangible property is the state of Washington or any political subdivision of the state of Washington, or is incorporated, organized, created, or otherwise located in the state of Washington.
(2) The provisions of subsection (1) of this section shall
not apply to property that is or may be presumed abandoned
and subject to the custody of the state of Washington pursuant to any other provision of law containing a dormancy
period different than that prescribed in subsection (1) of this
section.
(3) The provisions of subsection (1) of this section shall
apply to all property held on June 11, 1992, or at any time
thereafter, regardless of when the property became or
becomes presumptively abandoned. [1992 c 48 § 1.]
63.29.040
63.29.040 Travelers checks and money orders. (1)
Subject to subsection (4) of this section, any sum payable on
a travelers check that has been outstanding for more than fifteen years after its issuance is presumed abandoned unless
the owner, within fifteen years, has communicated in writing
with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file
prepared by an employee of the issuer.
(2) Subject to subsection (4) of this section, any sum
payable on a money order or similar written instrument, other
than a third party bank check, that has been outstanding for
more than five years after its issuance is presumed abandoned
unless the owner, within five years, has communicated in
writing with the issuer concerning it or otherwise indicated
an interest as evidenced by a memorandum or other record on
file prepared by an employee of the issuer.
(3) A holder may not deduct from the amount of a travelers check or money order any charge imposed by reason of
the failure to present the instrument for payment unless there
is a valid and enforceable written contract between the issuer
and the owner of the instrument pursuant to which the issuer
may impose a charge and the issuer regularly imposes such
(2004 Ed.)
Uniform Unclaimed Property Act
charges and does not regularly reverse or otherwise cancel
them.
(4) No sum payable on a travelers check, money order,
or similar written instrument, other than a third party bank
check, described in subsections (1) and (2) of this section
may be subjected to the custody of this state as unclaimed
property unless:
(a) The records of the issuer show that the travelers
check, money order, or similar written instrument was purchased in this state;
(b) The issuer has its principal place of business in this
state and the records of the issuer do not show the state in
which the travelers check, money order, or similar written
instrument was purchased; or
(c) The issuer has its principal place of business in this
state, the records of the issuer show the state in which the
travelers check, money order, or similar written instrument
was purchased and the laws of the state of purchase do not
provide for the escheat or custodial taking of the property or
its escheat or unclaimed property law is not applicable to the
property. The department shall provide to the issuer a list of
all such states and the issuer may rely with acquittance upon
such list.
(5) Notwithstanding any other provision of this chapter,
subsection (4) of this section applies to sums payable on travelers checks, money orders, and similar written instruments
presumed abandoned on or after February 1, 1965, except to
the extent that those sums have been paid over to a state.
[1983 c 179 § 4.]
63.29.050
63.29.050 Checks, drafts, and similar instruments
issued or certified by banking and financial organizations. (1) Any sum payable on a check, draft, or similar
instrument, except those subject to RCW 63.29.040, on
which a banking or financial organization is directly liable,
including a cashier's check and a certified check, which has
been outstanding for more than three years after it was payable or after its issuance if payable on demand, is presumed
abandoned, unless the owner, within three years, has communicated in writing with the banking or financial organization
concerning it or otherwise indicated an interest as evidenced
by a memorandum or other record on file prepared by an
employee thereof.
(2) A holder may not deduct from the amount of any
instrument subject to this section any charge imposed by reason of the failure to present the instrument for payment unless
there is a valid and enforceable written contract between the
holder and the owner of the instrument pursuant to which the
holder may impose a charge, and the holder regularly
imposes such charges and does not regularly reverse or otherwise cancel them. [2003 1st sp.s. c 13 § 2; 1983 c 179 § 5.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.060
63.29.060 Bank deposits and funds in financial organizations. (1) Any demand, savings, or matured time deposit
with a banking or financial organization, including a deposit
that is automatically renewable, and any funds paid toward
the purchase of a share, a mutual investment certificate, or
any other interest in a banking or financial organization is
(2004 Ed.)
63.29.060
presumed abandoned unless the owner, within three years,
has:
(a) In the case of a deposit, increased or decreased its
amount or presented the passbook or other similar evidence
of the deposit for the crediting of interest;
(b) Communicated in writing with the banking or financial organization concerning the property;
(c) Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by
an employee of the banking or financial organization;
(d) Owned other property to which subsection (1)(a), (b),
or (c) of this section applies and if the banking or financial
organization communicates in writing with the owner with
regard to the property that would otherwise be presumed
abandoned under this subsection at the address to which communications regarding the other property regularly are sent;
or
(e) Had another relationship with the banking or financial organization concerning which the owner has:
(i) In the case of a deposit, increased or decreased the
amount of the deposit or presented the passbook or other similar evidence of the deposit for the crediting of interest;
(ii) Communicated in writing with the banking or financial organization; or
(iii) Otherwise indicated an interest as evidenced by a
memorandum or other record on file prepared by an
employee of the banking or financial organization and if the
banking or financial organization communicates in writing
with the owner with regard to the property that would otherwise be abandoned under this subsection at the address to
which communications regarding the other relationship regularly are sent.
(2) For purposes of subsection (1) of this section property includes interest and dividends.
(3) This chapter shall not apply to deposits made by a
guardian or decedent's personal representative with a banking
organization when the deposit is subject to withdrawal only
upon the order of the court in the guardianship or estate proceeding.
(4) A holder may not impose with respect to property
described in subsection (1) of this section any charge due to
dormancy or inactivity or cease payment of interest unless:
(a) There is an enforceable written contract between the
holder and the owner of the property pursuant to which the
holder may impose a charge or cease payment of interest;
(b) For property in excess of ten dollars, the holder, no
more than three months before the initial imposition of those
charges or cessation of interest, has given written notice to
the owner of the amount of those charges at the last known
address of the owner stating that those charges will be
imposed or that interest will cease, but the notice provided in
this section need not be given with respect to charges
imposed or interest ceased before June 30, 1983; and
(c) The holder regularly imposes such charges or ceases
payment of interest and does not regularly reverse or otherwise cancel them or retroactively credit interest with respect
to the property.
(5) Any property described in subsection (1) of this section that is automatically renewable is matured for purposes
of subsection (1) of this section upon the expiration of its initial time period, or after one year if the initial period is less
[Title 63 RCW—page 21]
63.29.070
Title 63 RCW: Personal Property
than one year, but in the case of any renewal to which the
owner consents at or about the time of renewal by communicating in writing with the banking or financial organization or
otherwise indicating consent as evidenced by a memorandum
or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the
last time period for which consent was given. If, at the time
provided for delivery in RCW 63.29.190, a penalty or forfeiture in the payment of interest would result from the delivery
of the property, the time for delivery is extended until the
time when no penalty or forfeiture would result. [2003 1st
sp.s. c 13 § 3; 1983 c 179 § 6.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.070
63.29.070 Funds owing under life insurance policies.
(1) Funds held or owing under any life or endowment insurance policy or annuity contract that has matured or terminated are presumed abandoned if unclaimed for more than
three years after the funds became due and payable as established from the records of the insurance company holding or
owing the funds, but property described in subsection (3)(b)
of this section is presumed abandoned if unclaimed for more
than two years.
(2) If a person other than the insured or annuitant is entitled to the funds and an address of the person is not known to
the company or it is not definite and certain from the records
of the company who is entitled to the funds, it is presumed
that the last known address of the person entitled to the funds
is the same as the last known address of the insured or annuitant according to the records of the company.
(3) For purposes of this chapter, a life or endowment
insurance policy or annuity contract not matured by actual
proof of the death of the insured or annuitant according to the
records of the company is matured and the proceeds due and
payable if:
(a) The company knows that the insured or annuitant has
died; or
(b)(i) The insured has attained, or would have attained if
he were living, the limiting age under the mortality table on
which the reserve is based;
(ii) The policy was in force at the time the insured
attained, or would have attained, the limiting age specified in
subparagraph (i) of this subsection; and
(iii) Neither the insured nor any other person appearing
to have an interest in the policy within the preceding two
years, according to the records of the company, has assigned,
readjusted, or paid premiums on the policy, subjected the policy to a loan, corresponded in writing with the company concerning the policy, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by
an employee of the company.
(4) For purposes of this chapter, the application of an
automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a
policy from being matured or terminated under subsection (1)
of this section if the insured has died or the insured or the
beneficiaries of the policy otherwise have become entitled to
the proceeds thereof before the depletion of the cash surrender value of a policy by the application of those provisions.
[Title 63 RCW—page 22]
(5) If the laws of this state or the terms of the life insurance policy require the company to give notice to the insured
or owner that an automatic premium loan provision or other
nonforfeiture provision has been exercised and the notice,
given to an insured or owner whose last known address
according to the records of the company is in this state, is
undeliverable, the company shall make a reasonable search to
ascertain the policyholder's correct address to which the
notice must be mailed.
(6) Notwithstanding any other provision of law, if the
company learns of the death of the insured or annuitant and
the beneficiary has not communicated with the insurer within
four months after the death, the company shall take reasonable steps to pay the proceeds to the beneficiary.
(7) Commencing two years after June 30, 1983, every
change of beneficiary form issued by an insurance company
under any life or endowment insurance policy or annuity contract to an insured or owner who is a resident of this state
must request the following information:
(a) The name of each beneficiary, or if a class of beneficiaries is named, the name of each current beneficiary in the
class;
(b) The address of each beneficiary; and
(c) The relationship of each beneficiary to the insured.
[2003 1st sp.s. c 13 § 4; 1983 c 179 § 7.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.080
63.29.080 Deposits held by utilities. (1) A deposit,
including any interest thereon, made by a subscriber with a
utility to secure payment or any sum paid in advance for utility services to be furnished, less any lawful deductions, that
remains unclaimed by the owner for more than one year after
termination of the services for which the deposit or advance
payment was made is presumed abandoned.
(2) Any sum which a utility has been ordered to refund
and which was received for utility services rendered in this
state, together with any interest thereon, less any lawful
deductions, that has remained unclaimed by the person
appearing on the records of the utility entitled thereto for
more than one year after the date it became payable in accordance with the final determination or order providing for the
refund is presumed abandoned. [1983 c 179 § 8.]
63.29.090
63.29.090 Refunds held by business associations.
Except to the extent otherwise ordered by the court or administrative agency, any sum that a business association has been
ordered to refund by a court or administrative agency which
has remained unclaimed by the owner for more than one year
after it became payable in accordance with the final determination or order providing for the refund, whether or not the
final determination or order requires any person entitled to a
refund to make a claim for it, is presumed abandoned. [1983
c 179 § 9.]
63.29.100
63.29.100 Stock and other intangible interests in
business associations. (1) Except as provided in subsections
(2) and (5) of this section, stock or other intangible ownership
interest in a business association, the existence of which is
evidenced by records available to the association, is pre(2004 Ed.)
Uniform Unclaimed Property Act
sumed abandoned and, with respect to the interest, the association is the holder, if a dividend, distribution, or other sum
payable as a result of the interest has remained unclaimed by
the owner for three years and the owner within three years
has not:
(a) Communicated in writing with the association
regarding the interest or a dividend, distribution, or other sum
payable as a result of the interest; or
(b) Otherwise communicated with the association
regarding the interest or a dividend, distribution, or other sum
payable as a result of the interest, as evidenced by a memorandum or other record on file with the association prepared
by an employee of the association.
(2) At the expiration of a three-year period following the
failure of the owner to claim a dividend, distribution, or other
sum payable to the owner as a result of the interest, the interest is not presumed abandoned unless there have been at least
five dividends, distributions, or other sums paid during the
period, none of which has been claimed by the owner. If five
dividends, distributions, or other sums are paid during the
three-year period, the period leading to a presumption of
abandonment commences on the date payment of the first
such unclaimed dividend, distribution, or other sum became
due and payable. If five dividends, distributions, or other
sums are not paid during the presumptive period, the period
continues to run until there have been five dividends, distributions, or other sums that have not been claimed by the
owner.
(3) The running of the three-year period of abandonment
ceases immediately upon the occurrence of a communication
referred to in subsection (1) of this section. If any future dividend, distribution, or other sum payable to the owner as a
result of the interest is subsequently not claimed by the
owner, a new period of abandonment commences and relates
back to the time a subsequent dividend, distribution, or other
sum became due and payable.
(4) At the time any interest is presumed abandoned under
this section, any dividend, distribution, or other sum then
held for or owing to the owner as a result of the interest, and
not previously presumed abandoned, is presumed abandoned.
(5) This chapter shall not apply to any stock or other
intangible ownership interest enrolled in a plan that provides
for the automatic reinvestment of dividends, distributions, or
other sums payable as a result of the interest unless:
(a) The records available to the administrator of the plan
show, with respect to any intangible ownership interest not
enrolled in the reinvestment plan, that the owner has not
within three years communicated in any manner described in
subsection (1) of this section; or
(b) Three years have elapsed since the location of the
owner became unknown to the association, as evidenced by
the return of official shareholder notifications or communications by the postal service as undeliverable, and the owner
has not within those three years communicated in any manner
described in subsection (1) of this section. The three-year
period from the return of official shareholder notifications or
communications shall commence from the earlier of the
return of the second such mailing or the date the holder discontinues mailings to the shareholder. [2003 1st sp.s. c 13 §
5; 1996 c 45 § 1; 1983 c 179 § 10.]
(2004 Ed.)
63.29.135
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.110
63.29.110 Property of business associations held in
course of dissolution. Intangible property distributable in
the course of a dissolution of a business association which
remains unclaimed by the owner for more than one year after
the date specified for final distribution is presumed abandoned. [1983 c 179 § 11.]
63.29.120
63.29.120 Property held by agents and fiduciaries.
(1) Intangible property and any income or increment derived
therefrom held in a fiduciary capacity for the benefit of
another person is presumed abandoned unless the owner,
within three years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, communicated concerning the
property, or otherwise indicated an interest as evidenced by a
memorandum or other record on file prepared by the fiduciary.
(2) Funds in an individual retirement account or a retirement plan for self-employed individuals or similar account or
plan established pursuant to the internal revenue laws of the
United States are not payable or distributable within the
meaning of subsection (1) of this section unless, under the
terms of the account or plan, distribution of all or part of the
funds would then be mandatory.
(3) For the purpose of this section, a person who holds
property as an agent for a business association is deemed to
hold the property in a fiduciary capacity for that business
association alone, unless the agreement between him and the
business association provides otherwise.
(4) For the purposes of this chapter, a person who is
deemed to hold property in a fiduciary capacity for a business
association alone is the holder of the property only insofar as
the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property
is concerned. [2003 1st sp.s. c 13 § 6; 1983 c 179 § 12.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.130
63.29.130 Property held by courts and public agencies. Intangible property held for the owner by a court, state
or other government, governmental subdivision or agency,
public corporation, public authority, or the United States or
any instrumentality of the United States that remains
unclaimed by the owner for more than two years after becoming payable or distributable is presumed abandoned. [1993 c
498 § 2; 1983 c 179 § 13.]
63.29.133
63.29.133 Property held by landlord. Intangible property held by a landlord as a result of a sheriff's sale pursuant
to RCW 59.18.312 that remains unclaimed for a period of one
year from the date of the sale is presumed abandoned. [1992
c 38 § 9.]
Intent—Effective date—1992 c 38: See notes following RCW
59.18.352.
63.29.135
63.29.135 Abandoned intangible property held by
local government. A local government holding abandoned
[Title 63 RCW—page 23]
63.29.140
Title 63 RCW: Personal Property
intangible property that is not forwarded to the department of
revenue, as authorized under RCW 63.29.190, shall not be
required to maintain current records of this property for
longer than five years after the property is presumed to be
abandoned, and at that time may archive records of this intangible property and transfer the intangible property to its general fund. However, the local government shall remain liable
to pay the intangible property to a person or entity subsequently establishing its ownership of this intangible property.
[1990 2nd ex.s. c 1 § 301.]
63.29.160 Contents of safe deposit box or other safekeeping repository. All tangible and intangible property
held in a safe deposit box or any other safekeeping repository
in this state in the ordinary course of the holder's business and
proceeds resulting from the sale of the property permitted by
other law, which remain unclaimed by the owner for more
than five years after the lease or rental period on the box or
other repository has expired, are presumed abandoned. [1983
c 179 § 16.]
63.29.160
63.29.165 Property in self-storage facility. The excess
proceeds of a sale conducted pursuant to RCW 19.150.080 by
an owner of a self-service storage facility to satisfy the lien
and costs of storage which are not claimed by the occupant of
the storage space or any other person which remains
unclaimed for more than six months are presumed abandoned. [1993 c 498 § 4; 1988 c 240 § 21.]
63.29.165
Applicability—1990 2nd ex.s. c 1: "Any funds covered by RCW
63.29.190 that were received by the state prior to June 6, 1990, shall be
retained by the state of Washington, and any such funds not remitted to the
state prior to June 6, 1990, may be retained as provided for under RCW
63.29.190." [1990 2nd ex.s. c 1 § 303.]
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
63.29.140
63.29.140 Gift certificates and credit memos. (Effective until January 1, 2005.) (1) A gift certificate or a credit
memo issued in the ordinary course of an issuer's business
which remains unclaimed by the owner for more than three
years after becoming payable or distributable is presumed
abandoned.
(2) In the case of a gift certificate, the amount presumed
abandoned is the price paid by the purchaser for the gift certificate. In the case of a credit memo, the amount presumed
abandoned is the amount credited to the recipient of the
memo. [2003 1st sp.s. c 13 § 7; 1983 c 179 § 14.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.140
63.29.140 Gift certificates and credit memos. (Effective January 1, 2005.) (1) A gift certificate or a credit memo
issued in the ordinary course of an issuer's business which
remains unclaimed by the owner for more than three years
after becoming payable or distributable is presumed abandoned.
(2) In the case of a gift certificate, the amount presumed
abandoned is the price paid by the purchaser for the gift certificate. In the case of a credit memo, the amount presumed
abandoned is the amount credited to the recipient of the
memo.
(3) A gift certificate that is presumed abandoned under
this section may, but need not be, included in the report as
provided under RCW 63.29.170(4). If a gift certificate that is
presumed abandoned under this section is not timely reported
as provided under RCW 63.29.170(4), RCW 19.240.005
through 19.240.110 apply to the gift certificate. [2004 c 168
§ 15; 2003 1st sp.s. c 13 § 7; 1983 c 179 § 14.]
Effective date—2004 c 168 §§ 15 and 16: "Sections 15 and 16 of this
act take effect January 1, 2005." [2004 c 168 § 20.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.150
63.29.150 Wages. Unpaid wages, including wages represented by unpresented payroll checks, owing in the ordinary course of the holder's business which remain unclaimed
by the owner for more than one year after becoming payable
are presumed abandoned. [1983 c 179 § 15.]
[Title 63 RCW—page 24]
Severability—1988 c 240: See RCW 19.150.904.
63.29.170 Report of abandoned property. (Effective
until January 1, 2005.) (1) A person holding property presumed abandoned and subject to custody as unclaimed property under this chapter shall report to the department concerning the property as provided in this section.
(2) The report must be verified and must include:
(a) Except with respect to travelers checks and money
orders, the name, if known, and last known address, if any, of
each person appearing from the records of the holder to be the
owner of property with a value of more than fifty dollars presumed abandoned under this chapter;
(b) In the case of unclaimed funds of more than fifty dollars held or owing under any life or endowment insurance
policy or annuity contract, the full name and last known
address of the insured or annuitant and of the beneficiary
according to the records of the insurance company holding or
owing the funds;
(c) In the case of the contents of a safe deposit box or
other safekeeping repository or in the case of other tangible
property, a description of the property and the place where it
is held and where it may be inspected by the department, and
any amounts owing to the holder;
(d) The nature and identifying number, if any, or description of the property and the amount appearing from the
records to be due, but items with a value of fifty dollars or
less each may be reported in the aggregate;
(e) The date the property became payable, demandable,
or returnable, and the date of the last transaction with the
apparent owner with respect to the property; and
(f) Other information the department prescribes by rule
as necessary for the administration of this chapter.
(3) If the person holding property presumed abandoned
and subject to custody as unclaimed property is a successor to
other persons who previously held the property for the apparent owner or the holder has changed his or her name while
holding the property, the holder shall file with the report all
known names and addresses of each previous holder of the
property.
(4) The report must be filed before November 1st of each
year and shall include all property presumed abandoned and
subject to custody as unclaimed property under this chapter
that is in the holder's possession as of the preceding June
63.29.170
(2004 Ed.)
Uniform Unclaimed Property Act
30th. On written request by any person required to file a
report, the department may postpone the reporting date.
(5) After May 1st, but before August 1st, of each year in
which a report is required by this section, the holder in possession of property presumed abandoned and subject to custody as unclaimed property under this chapter shall send written notice to the apparent owner at the last known address
informing him or her that the holder is in possession of property subject to this chapter if:
(a) The holder has in its records an address for the apparent owner which the holder's records do not disclose to be
inaccurate;
(b) The claim of the apparent owner is not barred by the
statute of limitations; and
(c) The property has a value of more than seventy-five
dollars. [2003 c 237 § 1; 1996 c 45 § 2; 1993 c 498 § 7; 1983
c 179 § 17.]
63.29.170 Report of abandoned property. (Effective
January 1, 2005.) (1) A person holding property presumed
abandoned and subject to custody as unclaimed property
under this chapter shall report to the department concerning
the property as provided in this section.
(2) The report must be verified and must include:
(a) Except with respect to travelers checks and money
orders, the name, if known, and last known address, if any, of
each person appearing from the records of the holder to be the
owner of property with a value of more than fifty dollars presumed abandoned under this chapter;
(b) In the case of unclaimed funds of more than fifty dollars held or owing under any life or endowment insurance
policy or annuity contract, the full name and last known
address of the insured or annuitant and of the beneficiary
according to the records of the insurance company holding or
owing the funds;
(c) In the case of the contents of a safe deposit box or
other safekeeping repository or in the case of other tangible
property, a description of the property and the place where it
is held and where it may be inspected by the department, and
any amounts owing to the holder;
(d) The nature and identifying number, if any, or description of the property and the amount appearing from the
records to be due, but items with a value of fifty dollars or
less each may be reported in the aggregate;
(e) The date the property became payable, demandable,
or returnable, and the date of the last transaction with the
apparent owner with respect to the property; and
(f) Other information the department prescribes by rule
as necessary for the administration of this chapter.
(3) If the person holding property presumed abandoned
and subject to custody as unclaimed property is a successor to
other persons who previously held the property for the apparent owner or the holder has changed his or her name while
holding the property, the holder shall file with the report all
known names and addresses of each previous holder of the
property.
(4) The report must be filed before November 1st of each
year and shall include, except as provided in RCW
63.29.140(3), all property presumed abandoned and subject
to custody as unclaimed property under this chapter that is in
the holder's possession as of the preceding June 30th. On
63.29.170
(2004 Ed.)
63.29.180
written request by any person required to file a report, the
department may postpone the reporting date.
(5) After May 1st, but before August 1st, of each year in
which a report is required by this section, the holder in possession of property presumed abandoned and subject to custody as unclaimed property under this chapter shall send written notice to the apparent owner at the last known address
informing him or her that the holder is in possession of property subject to this chapter if:
(a) The holder has in its records an address for the apparent owner which the holder's records do not disclose to be
inaccurate;
(b) The claim of the apparent owner is not barred by the
statute of limitations; and
(c) The property has a value of more than seventy-five
dollars. [2004 c 168 § 16; 2003 c 237 § 1; 1996 c 45 § 2;
1993 c 498 § 7; 1983 c 179 § 17.]
Effective date—2004 c 168 §§ 15 and 16: See note following RCW
63.29.140.
63.29.180
63.29.180 Notice and publication of lists of abandoned property. (1) The department shall cause a notice to
be published not later than November 1st, immediately following the report required by RCW 63.29.170 in a newspaper
of general circulation in the county of this state in which is
located the last known address of any person to be named in
the notice. If no address is listed or the address is outside this
state, the notice must be published in the county in which the
holder of the property has its principal place of business
within this state.
(2) The published notice must be entitled "Notice of
Names of Persons Appearing to be Owners of Abandoned
Property" and contain:
(a) The names in alphabetical order and last known
address, if any, of persons listed in the report and entitled to
notice within the county as specified in subsection (1) of this
section; and
(b) A statement that information concerning the property
and the name and last known address of the holder may be
obtained by any person possessing an interest in the property
by addressing an inquiry to the department.
(3) The department is not required to publish in the
notice any items of seventy-five dollars or less unless the
department considers their publication to be in the public
interest.
(4) Not later than September 1st, immediately following
the report required by RCW 63.29.170, the department shall
mail a notice to each person whose last known address is
listed in the report and who appears to be entitled to property
with a value of more than seventy-five dollars presumed
abandoned under this chapter and any beneficiary of a life or
endowment insurance policy or annuity contract for whom
the department has a last known address.
(5) The mailed notice must contain:
(a) A statement that, according to a report filed with the
department, property is being held to which the addressee
appears entitled; and
(b) The name and last known address of the person holding the property and any necessary information regarding the
changes of name and last known address of the holder.
[Title 63 RCW—page 25]
63.29.190
Title 63 RCW: Personal Property
(6) This section is not applicable to sums payable on
travelers checks, money orders, and other written instruments
presumed abandoned under RCW 63.29.040. [2003 c 237 §
2; 1993 c 498 § 9; 1986 c 84 § 1; 1983 c 179 § 18.]
63.29.190
63.29.190 Payment or delivery of abandoned property. (1) Except as otherwise provided in subsections (2) and
(3) of this section, a person who is required to file a report
under RCW 63.29.170 shall pay or deliver to the department
all abandoned property required to be reported at the time of
filing the report.
(2) Counties, cities, towns, and other municipal and
quasi-municipal corporations that hold funds representing
warrants canceled pursuant to RCW 36.22.100 and
39.56.040, uncashed checks, excess proceeds from property
tax and irrigation district foreclosures, and property tax overpayments or refunds may retain the funds until the owner
notifies them and establishes ownership as provided in RCW
63.29.135. Counties, cities, towns, or other municipal or
quasi-municipal corporations shall provide to the department
a report of property it is holding pursuant to this section. The
report shall identify the property and owner in the manner
provided in RCW 63.29.170 and the department shall publish
the information as provided in RCW 63.29.180.
(3) The contents of a safe deposit box or other safekeeping repository presumed abandoned under RCW 63.29.160
and reported under RCW 63.29.170 shall be paid or delivered
to the department within six months after the final date for filing the report required by RCW 63.29.170.
If the owner establishes the right to receive the abandoned property to the satisfaction of the holder before the
property has been delivered or it appears that for some other
reason the presumption of abandonment is erroneous, the
holder need not pay or deliver the property to the department,
and the property will no longer be presumed abandoned. In
that case, the holder shall file with the department a verified
written explanation of the proof of claim or of the error in the
presumption of abandonment.
(4) The holder of an interest under RCW 63.29.100 shall
deliver a duplicate certificate or other evidence of ownership
if the holder does not issue certificates of ownership to the
department. Upon delivery of a duplicate certificate to the
department, the holder and any transfer agent, registrar, or
other person acting for or on behalf of a holder in executing
or delivering the duplicate certificate is relieved of all liability of every kind in accordance with RCW 63.29.200 to every
person, including any person acquiring the original certificate
or the duplicate of the certificate issued to the department, for
any losses or damages resulting to any person by the issuance
and delivery to the department of the duplicate certificate.
[1993 c 498 § 8; 1991 c 311 § 7; 1990 2nd ex.s. c 1 § 302;
1983 c 179 § 19.]
Severability—1991 c 311: See note following RCW 82.14.310.
Applicability—1990 2nd ex.s. c 1: See note following RCW
63.29.135.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
63.29.200
63.29.200 Custody by state—Holder relieved from
liability—Reimbursement of holder paying claim—
Reclaiming for owner—Defense of holder—Payment of
[Title 63 RCW—page 26]
safe deposit box or repository charges. (1) Upon the payment or delivery of property to the department, the state
assumes custody and responsibility for the safekeeping of the
property. A person who pays or delivers property to the
department in good faith is relieved of all liability to the
extent of the value of the property paid or delivered for any
claim then existing or which thereafter may arise or be made
in respect to the property.
(2) A holder who has paid money to the department pursuant to this chapter may make payment to any person
appearing to the holder to be entitled to payment and, upon
filing proof of payment and proof that the payee was entitled
thereto, the department shall promptly reimburse the holder
for the payment without imposing any fee or other charge. If
reimbursement is sought for a payment made on an instrument, including a travelers check or money order, the holder
must be reimbursed under this subsection upon filing proof
that the instrument was duly presented and that payment was
made to a person who appeared to the holder to be entitled to
payment. The holder must be reimbursed for payment made
under this subsection even if the payment was made to a person whose claim was barred under RCW 63.29.290(1).
(3) A holder who has delivered property (including a certificate of any interest in a business association) other than
money to the department pursuant to this chapter may
reclaim the property if still in the possession of the department, without paying any fee or other charge, upon filing
proof that the owner has claimed the property from the
holder.
(4) The department may accept the holder's affidavit as
sufficient proof of the facts that entitle the holder to recover
money and property under this section.
(5) If the holder pays or delivers property to the department in good faith and thereafter another person claims the
property from the holder or another state claims the money or
property under its laws relating to escheat or abandoned or
unclaimed property, the department, upon written notice of
the claim, shall defend the holder against the claim and
indemnify the holder against any liability on the claim.
(6) For the purposes of this section, "good faith" means
that:
(a) Payment or delivery was made in a reasonable
attempt to comply with this chapter;
(b) The person delivering the property was not a fiduciary then in breach of trust in respect to the property and had
a reasonable basis for believing, based on the facts then
known to him, that the property was abandoned for the purposes of this chapter; and
(c) There is no showing that the records pursuant to
which the delivery was made did not meet reasonable commercial standards of practice in the industry.
(7) Property removed from a safe deposit box or other
safekeeping repository is received by the department subject
to the holder's right under this subsection to be reimbursed for
the actual cost of the opening and to any valid lien or contract
providing for the holder to be reimbursed for unpaid rent or
storage charges. The department shall reimburse or pay the
holder out of the proceeds remaining after deducting the
department's selling cost. The liability of the department for
this reimbursement to the holder shall be limited to the pro(2004 Ed.)
Uniform Unclaimed Property Act
ceeds of the sale of the property remaining after the deduction
of the department's costs. [1983 c 179 § 20.]
63.29.210
63.29.210 Crediting of dividends, interest, or increments to owner's account. Whenever property other than
money is paid or delivered to the department under this chapter, the owner is entitled to receive from the department any
dividends, interest, or other increments realized or accruing
on the property at or before liquidation or conversion thereof
into money. [1983 c 179 § 21.]
63.29.240
(5) The purchaser of property at any sale conducted by
the department pursuant to this chapter takes the property
free of all claims of the owner or previous holder thereof and
of all persons claiming through or under them. The department shall execute all documents necessary to complete the
transfer of ownership.
(6) The department shall not sell any stock or other
intangible ownership interest enrolled in a plan that provides
for the automatic reinvestment of dividends, distributions, or
other sums payable as a result of the interest. [1996 c 45 § 3;
1993 c 498 § 10; 1983 c 179 § 22.]
63.29.220
63.29.220 Public sale of abandoned property. (1)
Except as provided in subsections (2), (3), and (6) of this section the department, within five years after the receipt of
abandoned property, shall sell it to the highest bidder at public sale in whatever city in the state affords in the judgment of
the department the most favorable market for the property
involved. The department may decline the highest bid and
reoffer the property for sale if in the judgment of the department the bid is insufficient. If in the judgment of the department the probable cost of sale exceeds the value of the property, it need not be offered for sale. Any sale held under this
section must be preceded by a single publication of notice, at
least three weeks in advance of sale, in a newspaper of general circulation in the county in which the property is to be
sold.
(2) Securities listed on an established stock exchange
must be sold at prices prevailing at the time of sale on the
exchange. Other securities may be sold over the counter at
prices prevailing at the time of sale or by any other method
the department considers advisable. All securities may be
sold over the counter at prices prevailing at the time of the
sale, or by any other method the department deems advisable.
(3) Unless the department considers it to be in the best
interest of the state to do otherwise, all securities, other than
those presumed abandoned under RCW 63.29.100, delivered
to the department must be held for at least one year before
being sold.
(4) Unless the department considers it to be in the best
interest of the state to do otherwise, all securities presumed
abandoned under RCW 63.29.100 and delivered to the
department must be held for at least three years before being
sold. If the department sells any securities delivered pursuant
to RCW 63.29.100 before the expiration of the three-year
period, any person making a claim pursuant to this chapter
before the end of the three-year period is entitled to either the
proceeds of the sale of the securities or the market value of
the securities at the time the claim is made, whichever
amount is greater, less any deduction for fees pursuant to
RCW 63.29.230(2). A person making a claim under this
chapter after the expiration of this period is entitled to receive
either the securities delivered to the department by the holder,
if they still remain in the hands of the department, or the proceeds received from sale, less any amounts deducted pursuant
to RCW 63.29.230(2), but no person has any claim under this
chapter against the state, the holder, any transfer agent, registrar, or other person acting for or on behalf of a holder for any
appreciation in the value of the property occurring after delivery by the holder to the department.
(2004 Ed.)
63.29.230
63.29.230 Deposit of funds. (1) Except as otherwise
provided by this section, the department shall promptly
deposit in the general fund of this state all funds received
under this chapter, including the proceeds from the sale of
abandoned property under RCW 63.29.220. The department
shall retain in a separate trust fund an amount not less than
two hundred fifty thousand dollars from which prompt payment of claims duly allowed must be made by the department. Before making the deposit, the department shall record
the name and last known address of each person appearing
from the holders' reports to be entitled to the property and the
name and last known address of each insured person or annuitant and beneficiary and with respect to each policy or contract listed in the report of an insurance company its number,
and the name of the company. The record must be available
for public inspection at all reasonable business hours.
(2) The department of revenue may pay from the trust
fund provided in subsection (1) of this section any costs of
administering this chapter. [1983 c 179 § 23.]
63.29.240
63.29.240 Filing of claim with department. (1) A person, excluding another state, claiming an interest in any property paid or delivered to the department may file with it a
claim on a form prescribed by it and verified by the claimant.
(2) The department shall consider each claim within
ninety days after it is filed and give written notice to the
claimant if the claim is denied in whole or in part. The notice
may be given by mailing it to the last address, if any, stated in
the claim as the address to which notices are to be sent. If no
address for notices is stated in the claim, the notice may be
mailed to the last address, if any, of the claimant as stated in
the claim. No notice of denial need be given if the claim fails
to state either the last address to which notices are to be sent
or the address of the claimant.
(3) If a claim is allowed, the department shall pay over or
deliver to the claimant the property or the amount the department actually received or the net proceeds if it has been sold
by the department, together with any additional amount
required by RCW 63.29.210. If the claim is for property presumed abandoned under RCW 63.29.100 which was sold by
the department within three years after the date of delivery,
the amount payable for that claim is the value of the property
at the time the claim was made or the net proceeds of sale,
whichever is greater. If the property claimed was interestbearing to the owner on the date of surrender by the holder,
the department also shall pay interest at the legal rate or any
lesser rate the property earned while in the possession of the
holder. Interest begins to accrue when the property is deliv[Title 63 RCW—page 27]
63.29.250
Title 63 RCW: Personal Property
ered to the department and ceases on the earlier of the expiration of ten years after delivery or the date on which payment
is made to the owner. No interest on interest-bearing property
is payable for any period before June 30, 1983.
(4) Any holder who pays the owner for property that has
been delivered to the state and which, if claimed from the
department, would be subject to subsection (3) of this section
shall add interest as provided in subsection (3) of this section.
The added interest must be repaid to the holder by the department in the same manner as the principal. [1983 c 179 § 24.]
63.29.250
63.29.250 Claim of another state to recover property—Procedure. (1) At any time after property has been
paid or delivered to the department under this chapter another
state may recover the property if:
(a) The property was subjected to custody by this state
because the records of the holder did not reflect the last
known address of the apparent owner when the property was
presumed abandoned under this chapter, and the other state
establishes that the last known address of the apparent owner
or other person entitled to the property was in that state and
under the laws of that state the property escheated to or was
subject to a claim of abandonment by that state;
(b) The last known address of the apparent owner or
other person entitled to the property, as reflected by the
records of the holder, is in the other state and under the laws
of that state the property has escheated to or become subject
to a claim of abandonment by that state;
(c) The records of the holder were erroneous in that they
did not accurately reflect the actual owner of the property and
the last known address of the actual owner is in the other state
and under the laws of that state the property escheated to or
was subject to a claim of abandonment by that state;
(d) The property was subjected to custody by this state
under RCW 63.29.030(6) and under the laws of the state of
domicile of the holder the property has escheated to or
become subject to a claim of abandonment by that state; or
(e) The property is the sum payable on a travelers check,
money order, or other similar instrument that was subjected
to custody by this state under RCW 63.29.040, and the instrument was purchased in the other state, and under the laws of
that state the property escheated to or became subject to a
claim of abandonment by that state.
(2) The claim of another state to recover escheated or
abandoned property must be presented in a form prescribed
by the department, who shall decide the claim within ninety
days after it is presented. The department shall allow the
claim if it determines that the other state is entitled to the
abandoned property under subsection (1) of this section.
(3) The department shall require a state, before recovering property under this section, to agree to indemnify this
state and its officers and employees against any liability on a
claim for the property. [1983 c 179 § 25.]
of the department or within one hundred eighty days after the
filing of the claim if the department has failed to act on it.
[1983 c 179 § 26.]
63.29.270
63.29.270 Election to take payment or delivery. (1)
The department may decline to receive any property reported
under this chapter which it considers to have a value less than
the expense of giving notice and of sale. If the department
elects not to receive custody of the property, the holder shall
be notified within one hundred twenty days after filing the
report required under RCW 63.29.170. The holder then may
dispose of the property in such manner as it sees fit. No action
or proceeding may be maintained against the holder for or on
account of any action taken by the holder pursuant to this
subsection with respect to the property.
(2) A holder, with the written consent of the department
and upon conditions and terms prescribed by it, may report
and deliver property before the property is presumed abandoned. Property delivered under this subsection must be held
by the department and is not presumed abandoned until such
time as it otherwise would be presumed abandoned under this
chapter. [1983 c 179 § 27.]
63.29.280
63.29.280 Destruction or disposition of property having insubstantial commercial value—Immunity from liability. If the department determines after investigation that
any property delivered under this chapter has insubstantial
commercial value, the department may destroy or otherwise
dispose of the property at any time. No action or proceeding
may be maintained against the state or any officer or against
the holder for or on account of any action taken by the department pursuant to this section. Documents which are to be
destroyed shall be copied on film and retained for ten years.
Original documents which the department has identified to be
destroyed and which have legal significance or historical
interest may be surrendered to the state historical museum or
to the state library. [1983 c 179 § 28.]
63.29.290
63.29.290 Periods of limitation. (1) The expiration,
after September 1, 1979, of any period of time specified by
contract, statute, or court order, during which a claim for
money or property can be made or during which an action or
proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not
prevent the money or property from being presumed abandoned or affect any duty to file a report or to pay or deliver
abandoned property to the department as required by this
chapter.
(2) No action or proceeding may be commenced by the
department with respect to any duty of a holder under this
chapter more than six years after the duty arose. [1983 c 179
§ 29.]
63.29.300
63.29.260
63.29.260 Action to establish claim. A person
aggrieved by a decision of the department or whose claim has
not been acted upon within ninety days after its filing may
bring an action to establish the claim in the superior court of
Thurston county naming the department as a defendant. The
action must be brought within ninety days after the decision
[Title 63 RCW—page 28]
63.29.300 Requests for reports and examination of
records. (1) The department may require any person who
has not filed a report to file a verified report stating whether
or not the person is holding any unclaimed property reportable or deliverable under this chapter. Nothing in this chapter
requires reporting of property which is not subject to payment or delivery.
(2004 Ed.)
Uniform Unclaimed Property Act
(2) The department, at reasonable times and upon reasonable notice, may examine the records of any person to
determine whether the person has complied with the provisions of this chapter. The department may conduct the examination even if the person believes it is not in possession of
any property reportable or deliverable under this chapter.
(3) If a person is treated under RCW 63.29.120 as the
holder of the property only insofar as the interest of the business association in the property is concerned, the department,
pursuant to subsection (2) of this section, may examine the
records of the person if the department has given the notice
required by subsection (2) of this section to both the person
and the business association at least ninety days before the
examination.
(4) If an examination of the records of a person results in
the disclosure of property reportable and deliverable under
this chapter, the department may assess the cost of the examination against the holder at the rate of one hundred forty dollars a day for each examiner, but in no case may the charges
exceed the lesser of three thousand dollars or the value of the
property found to be reportable and deliverable. No assessment shall be imposed where the person proves that failure to
report and deliver property was inadvertent. The cost of
examination made pursuant to subsection (3) of this section
may be imposed only against the business association.
(5) If a holder fails after June 30, 1983, to maintain the
records required by RCW 63.29.310 and the records of the
holder available for the periods subject to this chapter are
insufficient to permit the preparation of a report, the department may require the holder to report and pay such amounts
as may reasonably be estimated from any available records.
[1983 c 179 § 30.]
63.29.340
tion needed to enable compliance with agreements made pursuant to this section and prescribe the form.
(2) To avoid conflicts between the department's procedures and the procedures of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act, the
department, so far as is consistent with the purposes, policies,
and provisions of this chapter, before adopting, amending or
repealing rules, shall advise and consult with administrators
in other jurisdictions that enact substantially the Uniform
Unclaimed Property Act and take into consideration the rules
of administrators in other jurisdictions that enact the Uniform
Unclaimed Property Act.
(3) The department may join with other states to seek
enforcement of this chapter against any person who is or may
be holding property reportable under this chapter.
(4) At the request of another state, the attorney general of
this state may bring an action in the name of the administrator
of the other state in any court of competent jurisdiction to
enforce the unclaimed property laws of the other state against
a holder in this state of property subject to escheat or a claim
of abandonment by the other state, if the other state has
agreed to pay expenses incurred by the attorney general in
bringing the action.
(5) The department may request that the attorney general
of another state or any other person bring an action in the
name of the department in the other state. This state shall pay
all expenses including attorney's fees in any action under this
subsection. The department may agree to pay the person
bringing the action attorney's fees based in whole or in part
on a percentage of the value of any property recovered in the
action. Any expenses paid pursuant to this subsection may
not be deducted from the amount that is subject to the claim
by the owner under this chapter. [1983 c 179 § 33.]
63.29.310
63.29.310 Retention of records. (1) Every holder
required to file a report under RCW 63.29.170, as to any
property for which it has obtained the last known address of
the owner, shall maintain a record of the name and last known
address of the owner for six years after the property becomes
reportable, except to the extent that a shorter time is provided
in subsection (2) of this section or by rule of the department.
(2) Any business association that sells in this state its
travelers checks, money orders, or other similar written
instruments, other than third-party bank checks on which the
business association is directly liable, or that provides such
instruments to others for sale in this state, shall maintain a
record of those instruments while they remain outstanding,
indicating the state and date of issue for three years after the
date the property is reportable. [1983 c 179 § 31.]
63.29.320
63.29.320 Enforcement. The department may bring an
action in a court of competent jurisdiction to enforce this
chapter. [1983 c 179 § 32.]
63.29.330
63.29.330 Interstate agreements and cooperation—
Joint and reciprocal actions with other states. (1) The
department may enter into agreements with other states to
exchange information needed to enable this or another state
to audit or otherwise determine unclaimed property that it or
another state may be entitled to subject to a claim of custody.
The department by rule may require the reporting of informa(2004 Ed.)
63.29.340
63.29.340 Interest and penalties. (1) A person who
fails to pay or deliver property within the time prescribed by
this chapter shall be required to pay to the department interest
at the rate as computed under RCW 82.32.050(2) from the
date the property should have been paid or delivered until the
property is paid or delivered, unless the department finds that
the failure to pay or deliver the property within the time prescribed by this chapter was the result of circumstances
beyond the person's control sufficient for waiver or cancellation of interest under RCW 82.32.105.
(2) A person who willfully fails to render any report, to
pay or deliver property, or to perform other duties required
under this chapter shall pay a civil penalty of one hundred
dollars for each day the report is withheld or the duty is not
performed, but not more than five thousand dollars, plus one
hundred percent of the value of the property which should
have been reported, paid or delivered.
(3) A person who willfully refuses after written demand
by the department to pay or deliver property to the department as required under this chapter or who enters into a contract to avoid the duties of this chapter is guilty of a gross
misdemeanor and upon conviction may be punished by a fine
of not more than one thousand dollars or imprisonment for
not more than one year, or both. [1996 c 149 § 11; 1996 c 45
§ 4; 1983 c 179 § 34.]
Reviser's note: This section was amended by 1996 c 45 § 4 and by
1996 c 149 § 11, each without reference to the other. Both amendments are
[Title 63 RCW—page 29]
63.29.350
Title 63 RCW: Personal Property
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
63.29.902
63.29.902 Uniformity of application and construction. This chapter shall be applied and construed as to effectuate its general purpose to make uniform the law with
respect to the subject of this chapter among states enacting it.
[1983 c 179 § 41.]
63.29.350
63.29.350 Penalty for excessive fee for locating abandoned property. It is unlawful for any person to seek or
receive from any person or contract with any person for any
fee or compensation for locating or purporting to locate any
property which he knows has been reported or paid or delivered to the department of revenue pursuant to this chapter in
excess of five percent of the value thereof returned to such
owner. Any person violating this section is guilty of a misdemeanor and shall be fined not less than the amount of the fee
or charge he has sought or received or contracted for, and not
more than ten times such amount, or imprisoned for not more
than thirty days, or both. [1983 c 179 § 35.]
63.29.360
63.29.360 Foreign transactions. This chapter does not
apply to any property held, due, and owing in a foreign country and arising out of a foreign transaction. [1983 c 179 § 36.]
63.29.370
63.29.370 Rules. The department may adopt necessary
rules in accordance with chapter 34.05 RCW to carry out the
provisions of this chapter. [1983 c 179 § 38.]
63.29.903
63.29.903 Short title. This chapter may be cited as the
Uniform Unclaimed Property Act of 1983. [1983 c 179 §
42.]
63.29.904
63.29.904 Severability—1983 c 179. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 179 § 43.]
63.29.905
63.29.905 Effective date—1983 c 179. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect June 30,
1983. [1983 c 179 § 47.]
63.29.906
63.29.906 Effective date—1996 c 45. This act shall
take effect July 1, 1996. [1996 c 45 § 5.]
Chapter 63.32
63.29.380
63.29.380 Information and records confidential. Any
information or records required to be furnished to the department of revenue as provided in this chapter shall be confidential and shall not be disclosed to any person except the person
who furnished the same to the department of revenue, and
except as provided in RCW 63.29.180 and 63.29.230, or as
may be necessary in the proper administration of this chapter.
[1983 c 179 § 39.]
Chapter 63.32 RCW
UNCLAIMED PROPERTY IN HANDS
OF CITY POLICE
Sections
63.32.010
63.32.020
63.32.030
63.32.040
63.32.050
Methods of disposition—Notice—Sale, retention, destruction,
or trade.
Notice of sale.
Disposition of proceeds.
Reimbursement to owner.
Donation of unclaimed bicycles and toys to charity.
63.29.900
63.29.900 Effect of new provisions—Clarification of
application. (1) This chapter does not relieve a holder of a
duty that arose before June 30, 1983, to report, pay, or deliver
property. A holder who did not comply with the law in effect
before June 30, 1983, is subject to the applicable enforcement
and penalty provisions that then existed and they are continued in effect for the purpose of this subsection, subject to
RCW 63.29.290(2).
(2) The initial report to be filed under this chapter shall
include all property which is presumed abandoned under this
chapter. The report shall include property that was not
required to be reported before June 30, 1983, but which
would have been presumed abandoned on or after September
1, 1979 under the terms of chapter 63.29 RCW.
(3) It shall be a defense to any action by the department
that facts cannot be established because a holder, prior to January 1, 1983, destroyed or lost records or did not then keep
records, if the destruction, loss, or failure to keep records did
not violate laws existing at the time of the destruction, loss or
failure. [1983 c 179 § 37.]
63.29.901
63.29.901 Captions not law—1983 c 179. Captions as
used in sections of this act shall not constitute any part of the
law. [1983 c 179 § 40.]
[Title 63 RCW—page 30]
63.32.010
63.32.010 Methods of disposition—Notice—Sale,
retention, destruction, or trade. Whenever any personal
property shall come into the possession of the police authorities of any city in connection with the official performance of
their duties and said personal property shall remain
unclaimed or not taken away for a period of sixty days from
date of written notice to the owner thereof, if known, which
notice shall inform the owner of the disposition which may be
made of the property under this section and the time that the
owner has to claim the property and in all other cases for a
period of sixty days from the time said property came into the
possession of the police department, unless said property has
been held as evidence in any court, then, in that event, after
sixty days from date when said case has been finally disposed
of and said property released as evidence by order of the
court, said city may:
(1) At any time thereafter sell said personal property at
public auction to the highest and best bidder for cash in the
manner hereinafter provided;
(2) Retain the property for the use of the police department subject to giving notice in the manner prescribed in
RCW 63.32.020 and the right of the owner, or the owner's
legal representative, to reclaim the property within one year
after receipt of notice, without compensation for ordinary
(2004 Ed.)
Unclaimed Property in Hands of State Patrol
wear and tear if, in the opinion of the chief of police, the
property consists of firearms or other items specifically
usable in law enforcement work: PROVIDED, That at the
end of each calendar year during which there has been such a
retention, the police department shall provide the city's
mayor or council and retain for public inspection a list of
such retained items and an estimation of each item's replacement value. At the end of the one-year period any unclaimed
firearm shall be disposed of pursuant to RCW 9.41.098(2);
(3) Destroy an item of personal property at the discretion
of the chief of police if the chief of police determines that the
following circumstances have occurred:
(a) The property has no substantial commercial value, or
the probable cost of sale exceeds the value of the property;
(b) The item has been unclaimed by any person after
notice procedures have been met, as prescribed in this section; and
(c) The chief of police has determined that the item is
unsafe and unable to be made safe for use by any member of
the general public;
(4) If the item is not unsafe or illegal to possess or sell,
such item, after satisfying the notice requirements as prescribed in RCW 63.32.020, may be offered by the chief of
police to bona fide dealers, in trade for law enforcement
equipment, which equipment shall be treated as retained
property for purpose of annual listing requirements of subsection (2) of this section; or
(5) If the item is not unsafe or illegal to possess or sell,
but has been, or may be used, in the judgment of the chief of
police, in a manner that is illegal, such item may be
destroyed. [1988 c 223 § 3; 1988 c 132 § 1; 1981 c 154 § 2;
1973 1st ex.s. c 44 § 1; 1939 c 148 § 1; 1925 ex.s. c 100 § 1;
RRS § 8999-1.]
Reviser's note: This section was amended by 1988 c 132 § 1 and by
1988 c 223 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
63.35.010
fund exists; otherwise into the city current expense fund.
[1939 c 148 § 2; 1925 ex.s. c 100 § 3; RRS § 8999-3.]
63.32.040
63.32.040 Reimbursement to owner. If the owner of
said personal property so sold, or his legal representative,
shall, at any time within three years after such money shall
have been deposited in said police pension fund or the city
current expense fund, furnish satisfactory evidence to the
police pension fund board or the city treasurer of said city of
the ownership of said personal property he or they shall be
entitled to receive from said police pension fund or city current expense fund the amount so deposited therein with interest. [1939 c 148 § 3; 1925 ex.s. c 100 § 4; RRS § 899-4.]
63.32.050
63.32.050 Donation of unclaimed bicycles and toys to
charity. In addition to any other method of disposition of
unclaimed property provided under this chapter, the police
authorities of a city or town may donate unclaimed bicycles,
tricycles, and toys to nonprofit charitable organizations for
use by needy persons. [1987 c 182 § 1.]
Severability—1987 c 182: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 182 § 3.]
Chapter 63.35
Chapter 63.35 RCW
UNCLAIMED PROPERTY IN HANDS
OF STATE PATROL
Sections
63.35.010
63.35.020
63.35.030
63.35.040
63.35.050
63.35.060
63.35.900
Definitions.
Methods of disposition—Sale, retention, destruction, or trade.
Notice of sale.
Disposition of proceeds.
Reimbursement to owner.
Applicability of other statutes.
Severability—1989 c 222.
63.35.010
63.32.020
63.32.020 Notice of sale. Before said personal property
shall be sold, a notice of such sale fixing the time and place
thereof which shall be at a suitable place, which will be noted
in the advertisement for sale, and containing a description of
the property to be sold shall be published at least once in the
official newspaper of said city at least ten days prior to the
date fixed for said sale. The notice shall be signed by the
chief or other head of the police department of such city. If
the owner fails to reclaim said property prior to the time fixed
for the sale in such notice, the chief or other head of the police
department shall conduct said sale and sell the property
described in the notice at public auction to the highest and
best bidder for cash, and upon payment of the amount of such
bid shall deliver the said property to such bidder. [1988 c 132
§ 2; 1925 ex.s. c 100 § 2; RRS § 8999-2.]
63.32.030
63.32.030 Disposition of proceeds. The moneys arising from sales under the provisions of this chapter shall be
first applied to the payment of the costs and expenses of the
sale and then to the payment of lawful charges and expenses
for the keep of said personal property and the balance, if any,
shall be paid into the police pension fund of said city if such
(2004 Ed.)
63.35.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agency" means the Washington state patrol.
(2) "Chief" means the chief of the Washington state
patrol or designee.
(3) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes,
among other property, contraband and money.
(4) "Contraband" means any property which is unlawful
to produce or possess.
(5) "Money" means all currency, script, personal checks,
money orders, or other negotiable instruments.
(6) "Owner" means the person in whom is vested the
ownership, dominion, or title of the property.
(7) "Unclaimed" means that no owner of the property has
been identified or has requested, in writing, the release of the
property to themselves nor has the owner of the property designated an individual to receive the property or paid the
required postage to effect delivery of the property.
(8) "Illegal items" means those items unlawful to be possessed. [1989 c 222 § 1.]
[Title 63 RCW—page 31]
63.35.020
Title 63 RCW: Personal Property
63.35.020
63.35.020 Methods of disposition—Sale, retention,
destruction, or trade. Whenever any personal property
shall come into the possession of the officers of the state
patrol in connection with the official performance of their
duties and said personal property shall remain unclaimed or
not taken away for a period of sixty days from the date of
written notice to the owner thereof, if known, which notice
shall inform the owner of the disposition which may be made
of the property under this section and the time that the owner
has to claim the property and in all other cases for a period of
sixty days from the time said property came into the possession of the state agency, unless said property has been held as
evidence in any court, then, in that event, after sixty days
from date when said case has been finally disposed of and
said property released as evidence by order of the court, said
agency may:
(1) At any time thereafter sell said personal property at
public auction to the highest and best bidder for cash in the
manner hereinafter provided;
(2) Retain the property for the use of the state patrol subject to giving notice in the manner prescribed in RCW
63.35.030 and the right of the owner, or the owner's legal representative, to reclaim the property within one year after
receipt of notice, without compensation for ordinary wear
and tear if, in the opinion of the chief, the property consists of
firearms or other items specifically usable in law enforcement work: PROVIDED, That at the end of each calendar
year during which there has been such a retention, the state
patrol shall provide the office of financial management and
retain for public inspection a list of such retained items and
an estimation of each item's replacement value;
(3) Destroy an item of personal property at the discretion
of the chief if the chief determines that the following circumstances have occurred:
(a) The property has no substantial commercial value, or
the probable cost of sale exceeds the value of the property;
(b) The item has been unclaimed by any person after
notice procedures have been met, as prescribed in this section; and
(c) The chief has determined that the item is illegal to
possess or sell or unsafe and unable to be made safe for use
by any member of the general public;
(4) If the item is not unsafe or illegal to possess or sell,
such item, after satisfying the notice requirements as prescribed in this section may be offered by the chief to bona
fide dealers, in trade for law enforcement equipment, which
equipment shall be treated as retained property for purpose of
annual listing requirements of subsection (2) of this section;
or
(5) At the end of one year, any unclaimed firearm shall
be disposed of pursuant to RCW 9.41.098(2). Any other item
which is not unsafe or illegal to possess or sell, but has been,
or may be used, in the judgment of the chief, in a manner that
is illegal, may be destroyed. [1989 c 222 § 2.]
63.35.030
63.35.030 Notice of sale. Before said personal property
shall be sold, a notice of such sale fixing the time and place
thereof which shall be at a suitable place, which will be noted
in the advertisement for sale, and containing a description of
the property to be sold shall be published at least once in a
newspaper of general circulation in the county in which the
[Title 63 RCW—page 32]
property is to be sold at least ten days prior to the date fixed
for the auction. The notice shall be signed by the chief. If the
owner fails to reclaim said property prior to the time fixed for
the sale in such notice, the chief shall conduct said sale and
sell the property described in the notice at public auction to
the highest and best bidder for cash, and upon payment of the
amount of such bid shall deliver the said property to such bidder. [1989 c 222 § 3.]
63.35.040
63.35.040 Disposition of proceeds. The moneys arising from sales under the provisions of this chapter shall be
first applied to the payment of the costs and expenses of the
sale and then to the payment of lawful charges and expenses
for the keep of said personal property and the balance, if any,
shall be forwarded to the state treasurer to be deposited into
the state patrol highway account. [1989 c 222 § 4.]
63.35.050
63.35.050 Reimbursement to owner. If the owner of
said personal property so sold, or the owner's legal representative, shall, at any time within three years after such money
shall have been deposited in the state patrol highway account,
furnish satisfactory evidence to the state treasurer of the ownership of said personal property, the owner or the owner's
legal representative shall be entitled to receive from said state
patrol highway account the amount so deposited therein with
interest. [1989 c 222 § 5.]
63.35.060
63.35.060 Applicability of other statutes. (1) Chapter
63.24 RCW, unclaimed property in hands of bailee, does not
apply to personal property in the possession of the state
patrol.
(2) The uniform unclaimed property act, chapter 63.29
RCW, does not apply to personal property in the possession
of the state patrol. [1989 c 222 § 6.]
63.35.900
63.35.900 Severability—1989 c 222. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 222 § 9.]
Chapter 63.40 RCW
UNCLAIMED PROPERTY IN HANDS OF SHERIFF
Chapter 63.40
Sections
63.40.010
63.40.020
63.40.030
63.40.040
63.40.050
63.40.060
Methods of disposition—Notice—Sale, retention, destruction,
or trade.
Notice of sale, form, contents—Conduct of sale.
Disposition of proceeds.
Reimbursement to owner.
Uniform unclaimed property act not applicable.
Donation of unclaimed bicycles and toys to charity.
63.40.010
63.40.010 Methods of disposition—Notice—Sale,
retention, destruction, or trade. Whenever any personal
property, other than vehicles governed by chapter 46.52
RCW, shall come into the possession of the sheriff of any
county in connection with the official performance of his
duties and said personal property shall remain unclaimed or
not taken away for a period of sixty days from date of written
notice to the owner thereof, if known, which notice shall
(2004 Ed.)
Unclaimed Inmate Personal Property
inform the owner of the disposition which may be made of
the property under this section and the time that the owner
has to claim the property and in all other cases for a period of
sixty days from the time said property came into the possession of the sheriff's office, unless said property has been held
as evidence in any court, then, in that event, after sixty days
from date when said case has been finally disposed of and
said property released as evidence by order of the court, said
county sheriff may:
(1) At any time thereafter sell said personal property at
public auction to the highest and best bidder for cash in the
manner hereinafter provided;
(2) Retain the property for the use of the sheriff's office
subject to giving notice in the manner prescribed in RCW
63.40.020 and the right of the owner, or his or her legal representative, to reclaim the property within one year after the
receipt of notice, without compensation for ordinary wear
and tear if, in the opinion of the county sheriff, the property
consists of firearms or other items specifically usable in law
enforcement work: PROVIDED, That at the end of each calendar year during which there has been such a retention, the
sheriff shall provide the county's executive or legislative
authority and retain for public inspection a list of such
retained items and an estimation of each item's replacement
value. At the end of the one-year period any unclaimed firearm shall be disposed of pursuant to RCW 9.41.098(2);
(3) Destroy an item of personal property at the discretion
of the county sheriff if the county sheriff determines that the
following circumstances have occurred:
(a) The property has no substantial commercial value, or
the probable cost of sale exceeds the value of the property;
(b) The item has been unclaimed by any person after
notice procedures have been met, as prescribed in this section; and
(c) The county sheriff has determined that the item is
unsafe and unable to be made safe for use by any member of
the general public;
(4) If the item is not unsafe or illegal to possess or sell,
such item, after satisfying the notice requirements as prescribed in RCW 63.40.020, may be offered by the county
sheriff to bona fide dealers, in trade for law enforcement
equipment, which equipment shall be treated as retained
property for purpose of annual listing requirements of subsection (2) of this section; or
(5) If the item is not unsafe or illegal to possess or sell,
but has been, or may be used, in the discretion of the county
sheriff, in a manner that is illegal, such item may be
destroyed. [1988 c 223 § 4; 1988 c 132 § 3; 1981 c 154 § 3;
1973 1st ex.s. c 44 § 4; 1961 c 104 § 1.]
Reviser's note: This section was amended by 1988 c 132 § 3 and by
1988 c 223 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
63.40.020
63.40.020 Notice of sale, form, contents—Conduct of
sale. Before said personal property shall be sold, a notice of
such sale fixing the time and place thereof which shall be at a
suitable place, which will be noted in the advertisement for
sale, and containing a description of the property to be sold
shall be published at least once in an official newspaper in
said county at least ten days prior to the date fixed for said
(2004 Ed.)
63.42.010
sale. The notice shall be signed by the sheriff or his deputy. If
the owner fails to reclaim said property prior to the time fixed
for the sale in such notice, the sheriff or his deputy shall conduct said sale and sell the property described in the notice at
public auction to the highest and best bidder for cash, and
upon payment of the amount of such bid shall deliver the said
property to such bidder. [1988 c 132 § 4; 1961 c 104 § 2.]
63.40.030
63.40.030 Disposition of proceeds. The moneys arising from sales under the provisions of this chapter shall be
first applied to the payment of the costs and expenses of the
sale and then to the payment of lawful charges and expenses
for the keeping of said personal property and the balance, if
any, shall be paid into the county current expense fund.
[1961 c 104 § 3.]
63.40.040
63.40.040 Reimbursement to owner. If the owner of
said personal property so sold, or his legal representative,
shall, at any time within three years after such money shall
have been deposited in the county current expense fund, furnish satisfactory evidence to the county treasurer of said
county of the ownership of said personal property he or they
shall be entitled to receive from said county current expense
fund the amount so deposited therein. [1961 c 104 § 4.]
63.40.050
63.40.050 Uniform unclaimed property act not applicable. The provisions of chapter 63.29 RCW shall not apply
to personal property in the possession of the office of county
sheriff. [1985 c 7 § 126; 1961 c 104 § 5.]
63.40.060
63.40.060 Donation of unclaimed bicycles and toys to
charity. In addition to any other method of disposition of
unclaimed property provided under this chapter, the county
sheriff may donate unclaimed bicycles, tricycles, and toys to
nonprofit charitable organizations for use by needy persons.
[1987 c 182 § 2.]
Severability—1987 c 182: See note following RCW 63.32.050.
Chapter 63.42
Chapter 63.42 RCW
UNCLAIMED INMATE PERSONAL PROPERTY
Sections
63.42.010
63.42.020
63.42.030
63.42.040
63.42.050
63.42.060
63.42.900
Legislative intent.
Definitions.
Personal property presumed abandoned—Illegal items
retained as evidence or destroyed.
Disposition of property presumed abandoned—Inventory—
Notice.
Chapter not applicable if prior written agreement.
Application of chapters 63.24 and 63.29 RCW.
Severability—1983 1st ex.s. c 52.
63.42.010
63.42.010 Legislative intent. It is the intent of the legislature to relieve the department of corrections from unacceptable burdens of cost related to storage space and manpower in the preservation of inmate personal property if the
property has been abandoned by the inmate and to enhance
the security and safety of the institutions. [1983 1st ex.s. c 52
§ 1.]
[Title 63 RCW—page 33]
63.42.020
Title 63 RCW: Personal Property
63.42.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Secretary" means the secretary of the department of
corrections or the secretary's designees.
(2) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes among
others contraband and money.
(3) "Contraband" means all personal property including,
but not limited to, alcoholic beverages and other items which
a resident of a correctional institution may not have in the resident's possession, as defined in rules adopted by the secretary.
(4) "Money" means all currency, script, personal checks,
money orders, or other negotiable instruments.
(5) "Owner" means the inmate, the inmate's legal representative, or any person claiming through or under the inmate
entitled to title and possession of the property.
(6) "Unclaimed" means that no owner of the property has
been identified or has requested, in writing, the release of the
property to themselves nor has the owner of the property designated an individual to receive the property or paid the
required postage to effect delivery of the property.
(7) "Inmate" means a person committed to the custody of
the department of corrections or transferred from other states
or the federal government.
(8) "Institutions" means those facilities set forth in RCW
72.01.050(2) and all community residential programs under
the department's jurisdiction operated pursuant to chapter
72.65 RCW.
(9) "Department" means the department of corrections.
(10) "Illegal items" means those items unlawful to be
possessed.
(11) "Nonprofit" has the meaning prescribed by state or
federal law or rules. [1983 1st ex.s. c 52 § 2.]
63.42.020
63.42.030 Personal property presumed abandoned—
Illegal items retained as evidence or destroyed. (1) All
personal property, and any income or increment which has
accrued thereon, held for the owner by an institution that has
remained unclaimed for more than six months from the date
the owner terminated without authorization from work training release, transferred to a different institution, or when the
owner is unknown or deceased, from the date the property
was placed in the custody of the institution, is presumed
abandoned: PROVIDED, That the provisions of this section
shall be extended for up to six months for any inmate, transferred to another institution, who has no recorded next of kin,
or person to whom the unclaimed property can be sent.
(2) All personal property, and any income or increment
which has accrued thereon, the inmate owner of which has
been placed on escape status is presumed abandoned and
shall be held for three months by the institution from which
the inmate escaped. If the inmate owner remains on escape
status for three months or if no other person claims ownership
within three months, the property shall be disposed of as set
forth in this chapter.
(3) All illegal items owned by and in the possession of an
inmate shall be confiscated and held by the institution to
which the inmate is assigned. Such items shall be held as
required for evidence for law enforcement authorities. Illegal
63.42.030
[Title 63 RCW—page 34]
items not retained for evidence shall be destroyed. [1983 1st
ex.s. c 52 § 3.]
Property of deceased inmates: RCW 11.08.101, 11.08.111, and 11.08.120.
63.42.040
63.42.040 Disposition of property presumed abandoned—Inventory—Notice. (1) All personal property,
other than money, presumed abandoned shall be destroyed
unless, in the opinion of the secretary, the property may be
used or has value to a charitable or nonprofit organization, in
which case the property may be donated to the organization.
A charitable or nonprofit organization does not have a claim
nor shall the department or any employee thereof be held liable to any charitable or nonprofit organization for property
which is destroyed rather than donated or for the donation of
property to another charitable or nonprofit organization.
(2) Money presumed abandoned under this chapter shall
be paid into the revolving fund set up in accordance with
RCW 9.95.360.
(3) The department shall inventory all personal property
prior to its destruction or donation.
(4) Before personal property is donated or destroyed, if
the name and address of the owner thereof is known or if
deceased, the address of the heirs as known, at least thirty
days' notice of the donation or destruction of the personal
property shall be given to the owner at the owner's residence
or place of business or to some person of suitable age and discretion residing or employed therein. If the name or residence
of the owner or the owner's heirs is not known, a notice of the
action fixing the time and place thereof shall be published at
least once in an official newspaper in the county at least thirty
days prior to the date fixed for the action. The notice shall be
signed by the secretary. The notice need not contain a
description of property, but shall contain a general statement
that the property is unclaimed personal property of inmates,
specifying the institution at which the property is held. If the
owner fails to reclaim the property prior to the time fixed in
the notice, the property shall be donated or destroyed. [1983
1st ex.s. c 52 § 4.]
Property of deceased inmates: RCW 11.08.101, 11.08.111, and 11.08.120.
63.42.050
63.42.050 Chapter not applicable if prior written
agreement. This chapter does not apply if the inmate and the
department have reached an agreement in writing regarding
the disposition of the personal property. [1983 1st ex.s. c 52
§ 5.]
63.42.060
63.42.060 Application of chapters 63.24 and 63.29
RCW. (1) The uniform unclaimed property act, chapter
63.29 RCW, does not apply to personal property in the possession of the department of corrections.
(2) Chapter 63.24 RCW, unclaimed property in hands of
bailee, does not apply to personal property in the possession
of the department of corrections. [1985 c 7 § 127; 1983 1st
ex.s. c 52 § 6.]
63.42.900
63.42.900 Severability—1983 1st ex.s. c 52. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1983 1st ex.s. c 52 § 9.]
(2004 Ed.)
Joint Tenancies
Chapter 63.44
Chapter 63.44 RCW
JOINT TENANCIES
Sections
63.44.010
63.44.010
Joint tenancies in property.
63.44.010 Joint tenancies in property.
64.28 RCW.
Chapter 63.48
See chapter
Chapter 63.48 RCW
ESCHEAT OF POSTAL SAVINGS
SYSTEM ACCOUNTS
Sections
63.48.010
63.48.020
63.48.030
63.48.040
63.48.050
63.48.060
Accounts presumed abandoned and to escheat to state.
Director to request federal records.
Escheat proceedings brought in Thurston county.
Notice to depositors whose accounts are to be escheated.
Copy of judgment presented for payment—Disposition of proceeds.
Indemnification for losses as result of escheat proceedings—
Source.
63.52.010
successive weeks in one or more newspapers which combine
to provide general circulation throughout this state.
(3) A special notice of intention to escheat the unclaimed
postal savings system accounts originally deposited in each
post office must be published once in each of three successive
weeks in a newspaper published in the county in which the
post office is located or, if there is none, in a newspaper having general circulation in the county. This notice must list the
names of the owners of each unclaimed account to be
escheated having a principal balance of three dollars or more.
[1971 ex.s. c 68 § 4.]
63.48.050
63.48.050 Copy of judgment presented for payment—Disposition of proceeds. The director of revenue
shall present a copy of each final judgment of escheat to the
United States treasury department for payment of the principal due and the interest computed under regulations of the
United States treasury department. The payment received
shall be deposited in the general fund in the state treasury.
[1971 ex.s. c 68 § 5.]
63.48.060 Indemnification for losses as result of
escheat proceedings—Source. This state shall indemnify
the United States for any losses suffered as a result of the
escheat of unclaimed postal savings system accounts. The
burden of the indemnification falls upon the fund into which
the proceeds of the escheated accounts have been paid. [1971
ex.s. c 68 § 6.]
63.48.060
63.48.010
63.48.010 Accounts presumed abandoned and to
escheat to state. All postal savings system accounts created
by the deposits of persons whose last known addresses are in
the state which have not been claimed by the persons entitled
thereto before May 1, 1971, are presumed to have been abandoned by their owners and are declared to escheat and
become the property of this state. [1971 ex.s. c 68 § 1.]
Chapter 63.52
63.48.020
63.48.020 Director to request federal records. The
director of revenue shall request from the bureau of accounts
of the United States treasury department records providing
the following information: The names of depositors at the
post offices of this state whose accounts are unclaimed, their
last addresses as shown by the records of the post office
department, and the balance in each account. He shall agree
to return to the bureau of accounts promptly all account cards
showing last addresses in another state. [1971 ex.s. c 68 § 2.]
63.48.030
63.48.030 Escheat proceedings brought in Thurston
county. The director of revenue may bring proceedings in
the superior court for Thurston county to escheat unclaimed
postal savings system accounts held by the United States
treasury. A single proceeding may be used to escheat as many
accounts as may be available for escheat at one time. [1971
ex.s. c 68 § 3.]
63.48.040
63.48.040 Notice to depositors whose accounts are to
be escheated. The director of revenue shall notify depositors
whose accounts are to be escheated as follows:
(1) A letter advising that a postal savings system account
in the name of the addressee is about to be escheated and setting forth the procedure by which a deposit may be claimed
shall be mailed by first class mail to the named depositor at
the last address shown on the account records for each
account to be escheated having an unpaid principal balance of
more than twenty-five dollars.
(2) A general notice of intention to escheat postal savings system accounts shall be published once in each of three
(2004 Ed.)
Chapter 63.52 RCW
DIES, MOLDS, AND FORMS
Sections
63.52.005
63.52.010
Definitions.
Customer has title and all rights—Written exception—Failure
to claim within three years after the last use—Notice to customer—Title and all rights may transfer to the molder.
63.52.005
63.52.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Customer" means an individual or entity that causes
or did cause a molder to fabricate, cast, or otherwise make a
die, mold, or form.
(2) "Molder" means an individual or entity, including but
not limited to a tool or die maker, that fabricates, casts, or
otherwise makes a die, mold, or form.
(3) "Within three years after the last use" means the
three-year period after the last use of a die, mold, or form,
regardless of whether or not any portion of that period predates June 6, 1996. [1996 c 235 § 1.]
63.52.010 Customer has title and all rights—Written
exception—Failure to claim within three years after the
last use—Notice to customer—Title and all rights may
transfer to the molder. (1) In the absence of a written agreement otherwise, the customer has title and all rights to a die,
mold, or form in the molder's possession.
(2) If a customer does not claim possession from a
molder of a die, mold, or form within three years after the last
use of the die, mold, or form, title and all rights to the die,
63.52.010
[Title 63 RCW—page 35]
Chapter 63.60
Title 63 RCW: Personal Property
mold, or form may be transferred to the molder for the purpose of destroying or otherwise disposing of the die, mold, or
form.
(3) At least one hundred twenty days before seeking title
and rights to a die, mold, or form in its possession, a molder
shall send notice, via registered or certified mail, to the chief
executive officer of the customer or, if the customer is not a
business entity, to the customer's last known address. The
notice must state that the molder intends to seek title and
rights to the die, mold, or form. The notice must also include
the name, address, and phone number of the molder.
(4) If a customer does not respond in person or by mail
within one hundred twenty days after the date the notice was
sent, or does not make other contractual arrangements with
the molder for storage of the die, mold, or form, title and all
rights of the customer transfer by operation of law to the
molder. Thereafter, the molder may destroy or otherwise dispose of the die, mold, or form without any risk of liability to
the customer. [1996 c 235 § 2.]
Chapter 63.60
Chapter 63.60 RCW
PERSONALITY RIGHTS
Sections
63.60.010
63.60.020
63.60.030
63.60.040
63.60.050
63.60.060
63.60.070
63.60.080
Use of name, voice, signature, photograph, or likeness is a
property right.
Definitions.
Right is transferable, assignable, and licensable—Does not
expire upon death—Exists without exploitation during lifetime.
Right is exclusive for individuals and personalties.
Infringement of right—Use without consent—Profit or not for
profit.
Infringement of right—Superior courts—Injunctions—Liability for damages and profits—Impoundment—Destruction—
Attorneys' fees.
Exemptions from use restrictions—When chapter does not
apply.
Community property rights.
63.60.010
63.60.010 Use of name, voice, signature, photograph,
or likeness is a property right. Every individual or personality, as the case may be, has a property right in the use of his
or her name, voice, signature, photograph, or likeness, and
such right shall be freely transferable, assignable, and licensable, in whole or in part, by any otherwise permissible form
of inter vivos or testamentary transfer, including without limitation a will, trust, contract, community property agreement,
or cotenancy with sur vivorship provisions or payable-on-death provisions, or, if none is applicable, under the
laws of intestate succession applicable to interests in intangible personal property. The property right does not expire
upon the death of the individual or personality, as the case
may be. The right exists whether or not it was commercially
exploited by the individual or the personality during the individual's or the personality's lifetime. [1998 c 274 § 1.]
63.60.020
63.60.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Deceased personality" means any individual whose
name, voice, signature, photograph, or likeness had commercial value at the time of his or her death, whether or not during the lifetime of that individual he or she used his or her
[Title 63 RCW—page 36]
name, voice, signature, photograph, or likeness on or in products, merchandise or goods, or for purposes of advertising or
selling, or soliciting the purchase or sale of, products, merchandise, goods, or services. A "deceased personality"
includes, without limitation, any such individual who has
died within fifty years before January 1, 1998.
(2) "Fund raising" means an organized activity to solicit
donations of money or other goods or services from persons
or entities by an organization, company, or public entity. A
fund-raising activity does not include a live, public performance by an individual or group of individuals for which
money is received in solicited or unsolicited gratuities.
(3) "Individual" means a natural person, living or dead.
(4) "Likeness" means an image, painting, sketching,
model, diagram, or other clear representation, other than a
photograph, of an individual's face, body, or parts thereof, or
the distinctive appearance, gestures, or mannerisms of an
individual.
(5) "Name" means the actual or assumed name, or nickname, of a living or deceased individual that is intended to
identify that individual.
(6) "Person" means any natural person, firm, association,
partnership, corporation, joint stock company, syndicate,
receiver, common law trust, conservator, statutory trust, or
any other concern by whatever name known or however
organized, formed, or created, and includes not-for-profit
corporations, associations, educational and religious institutions, political parties, and community, civic, or other organizations.
(7) "Personality" means any individual whose name,
voice, signature, photograph, or likeness has commercial
value, whether or not that individual uses his or her name,
voice, signature, photograph, or likeness on or in products,
merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise,
goods, or services.
(8) "Photograph" means any photograph or photographic
reproduction, still or moving, or any videotape, online or live
television transmission, of any individual, so that the individual is readily identifiable.
(9) "Signature" means the one handwritten or otherwise
legally binding form of an individual's name, written or
authorized by that individual, that distinguishes the individual from all others. [2004 c 71 § 1; 1998 c 274 § 2.]
63.60.030 Right is transferable, assignable, and licensable—Does not expire upon death—Exists without
exploitation during lifetime. (1) Every individual or personality, as the case may be, has a property right in the use of
his or her name, voice, signature, photograph, or likeness,
and such right shall be freely transferable, assignable, and licensable, in whole or in part, by contract or inter vivos transfer, and shall not expire upon the death of the individual or
personality, as the case may be, so protected but shall pass:
(a) Under the deceased individual's or personality's, as
the case may be, last will and testament or, if none, then
under the laws of intestate succession applicable to interests
in intangible personal property of the individual's or personality's, as the case may be, domicile; or
(b) If the individual or personality, as the case may be,
transferred or assigned any interest in the personality rights
63.60.030
(2004 Ed.)
Personality Rights
during his or her life, then the transferred or assigned interest
shall pass as follows:
(i) If the transferred or assigned interest was held in trust,
in accordance with the terms of the trust;
(ii) If the interest is subject to a cotenancy with any survivorship provisions or payable-on-death provisions, in
accordance with those provisions;
(iii) If the interest is subject to any contract, including
without limitation a community property agreement, in
accordance with the terms of the applicable contract or contracts;
(iv) If the interest has been transferred or assigned to a
third person in a form that is not addressed earlier in this section, then the interest may be transferred, assigned, or
licensed by such third person, in whole or in part, by any otherwise permissible form of inter vivos or testamentary transfer or, if none is applicable, under the laws of intestate succession applicable to interests in intangible personal property
of the third person's domicile.
(2) A property right exists whether or not such rights
were commercially exploited by the individual or the personality during the individual's or the personality's, as the case
may be, lifetime. [1998 c 274 § 3.]
63.60.040
63.60.040 Right is exclusive for individuals and personalties. (1) For individuals, except to the extent that the
individual may have assigned or licensed such rights, the
rights protected in this chapter are exclusive to the individual,
subject to the assignment or licensing of such rights, during
such individual's lifetime and are exclusive to the persons
entitled to such rights under RCW 63.60.030 for a period of
ten years after the death of the individual except to the extent
that the persons entitled to such rights under RCW 63.60.030
may have assigned or licensed such rights to others.
(2) For personalities, except to the extent that the personality may have assigned or licensed such rights, the rights
protected in this chapter are exclusive to the personality, subject to the assignment or licensing of such rights, during such
personality's lifetime and to the persons entitled to such rights
under RCW 63.60.030 for a period of seventy-five years after
the death of the personality except to the extent that the persons entitled to such rights under RCW 63.60.030 may have
assigned or licensed such rights to others.
(3) The rights granted in this chapter may be exercised
by a personal representative, attorney in fact, parent of a
minor child, or guardian, or as authorized by a court of competent jurisdiction. The terms "personal representative,"
"attorney in fact," and "guardian" shall have the same meanings in this chapter as they have in Title 11 RCW. [2004 c 71
§ 2; 1998 c 274 § 4.]
63.60.050
63.60.050 Infringement of right—Use without consent—Profit or not for profit. Any person who uses or
authorizes the use of a living or deceased individual's or personality's name, voice, signature, photograph, or likeness, on
or in goods, merchandise, or products entered into commerce
in this state, or for purposes of advertising products, merchandise, goods, or services, or for purposes of fund raising
or solicitation of donations, or if any person disseminates or
publishes such advertisements in this state, without written or
(2004 Ed.)
63.60.070
oral, express or implied consent of the owner of the right, has
infringed such right. An infringement may occur under this
section without regard to whether the use or activity is for
profit or not for profit. [1998 c 274 § 5.]
63.60.060
63.60.060 Infringement of right—Superior courts—
Injunctions—Liability for damages and profits—
Impoundment—Destruction—Attorneys' fees. (1) The
superior courts of this state may grant injunctions on reasonable terms to prevent or restrain the unauthorized use of the
rights in a living or deceased individual's or personality's
name, voice, signature, photograph, or likeness.
(2) Any person who infringes the rights under this chapter shall be liable for the greater of one thousand five hundred
dollars or the actual damages sustained as a result of the
infringement, and any profits that are attributable to the
infringement and not taken into account when calculating
actual damages. To prove profits under this section, the
injured party or parties must submit proof of gross revenues
attributable to the infringement, and the infringing party is
required to prove his or her deductible expenses. For the purposes of computing statutory damages, use of a name, voice,
signature, photograph, and/or likeness in or related to one
work constitutes a single act of infringement regardless of the
number of copies made or the number of times the name,
voice, signature, photograph, or likeness is displayed.
(3) At any time while an action under this chapter is
pending, the court may order the impounding, on reasonable
terms, of all materials or any part thereof claimed to have
been made or used in violation of the injured party's rights,
and the court may enjoin the use of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means
of which such materials may be reproduced.
(4) As part of a final judgment or decree, the court may
order the destruction or other reasonable disposition of all
materials found to have been made or used in violation of the
injured party's rights, and of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which
such materials may be reproduced.
(5) The prevailing party may recover reasonable attorneys' fees, expenses, and court costs incurred in recovering
any remedy or defending any claim brought under this section.
(6) The remedies provided for in this section are cumulative and are in addition to any others provided for by law.
[1998 c 274 § 6.]
63.60.070
63.60.070 Exemptions from use restrictions—When
chapter does not apply. (1) For purposes of RCW
63.60.050, the use of a name, voice, signature, photograph, or
likeness in connection with matters of cultural, historical,
political, religious, educational, newsworthy, or public interest, including, without limitation, comment, criticism, satire,
and parody relating thereto, shall not constitute a use for
which consent is required under this chapter. A matter
exempt from consent under this subsection does not lose such
exempt status because it appears in the form of a paid advertisement if it is clear that the principal purpose of the advertisement is to comment on such matter.
[Title 63 RCW—page 37]
63.60.080
Title 63 RCW: Personal Property
(2) This chapter does not apply to the use or authorization of use of an individual's or personality's name, voice, signature, photograph, or likeness, in any of the following:
(a) Single and original works of fine art, including but
not limited to photographic, graphic, and sculptural works of
art that are not published in more than five copies;
(b) A literary work, theatrical work, musical composition, film, radio, online or television program, magazine article, news story, public affairs report, or sports broadcast or
account, or with any political campaign when the use does
not inaccurately claim or state an endorsement by the individual or personality;
(c) An advertisement or commercial announcement for a
use permitted by subsections (1) and (7) of this section and
(a) or (b) of this subsection;
(d) An advertisement, commercial announcement, or
packaging for the authorized sale, distribution, performance,
broadcast, or display of a literary, musical, cinematographic,
or other artistic work using the name, voice, signature, photograph, or likeness of the writer, author, composer, director,
actor, or artist who created the work, where such individual
or personality consented to the use of his or her name, voice,
signature, photograph, or likeness on or in connection with
the initial sale, distribution, performance, or display thereof;
and
(e) The advertisement or sale of a rare or fine product,
including but not limited to books, which incorporates the
signature of the author.
(3) It is no defense to an infringement action under this
chapter that the use of an individual's or personality's name,
voice, signature, photograph, or likeness includes more than
one individual or personality so identifiable. However, the
individuals or personalities complaining of the use shall not
bring their cause of action as a class action.
(4) RCW 63.60.050 does not apply to the owners or
employees of any medium used for advertising, including but
not limited to, newspapers, magazines, radio and television
stations, on-line service providers, billboards, and transit ads,
who have published or disseminated any advertisement or
solicitation in violation of this chapter, unless the advertisement or solicitation was intended to promote the medium
itself.
(5) This chapter does not apply to a use or authorization
of use of an individual's or personality's name that is merely
descriptive and used fairly and in good faith only to identify
or describe something other than the individual or personality, such as, without limitation, to describe or identify a place,
a legacy, a style, a theory, an ownership interest, or a party to
a transaction or to accurately describe the goods or services
of a party.
(6) This chapter does not apply to the use of an individual's or personality's name, voice, signature, photograph, or
likeness when the use of the individual's or personality's
name, voice, signature, photograph, or likeness is an insignificant, de minimis, or incidental use.
(7) This chapter does not apply to the distribution, promotion, transfer, or license of a photograph or other material
containing an individual's or personality's name, voice, signature, photograph, or likeness to a third party for use in a manner which is lawful under this chapter, or to a third party for
further distribution, promotion, transfer, or license for use in
[Title 63 RCW—page 38]
a manner which is lawful under this chapter. [2004 c 71 § 3;
1998 c 274 § 7.]
63.60.080 Community property rights. Nothing contained in this chapter is intended to invalidate any community
property rights. [1998 c 274 § 8.]
63.60.080
(2004 Ed.)
Title 64
Title 64
REAL PROPERTY AND CONVEYANCES
Chapters
64.04
Conveyances.
64.06
Residential real property transfers—Seller's
disclosures.
64.08
Acknowledgments.
64.12
Waste and trespass.
64.16
Alien land law.
64.20
Alienation of land by Indians.
64.28
Joint tenancies.
64.32
Horizontal property regimes act (Condominiums).
64.34
Condominium act.
64.35
Condominiums—Qualified warranties.
64.36
Timeshare regulation.
64.38
Homeowners' associations.
64.40
Property rights—Damages from governmental
actions.
64.44
Contaminated properties.
64.50
Construction defect claims.
Actions, where commenced: RCW 4.12.010.
Actions or claims arising from construction, alteration, repair, design, planning, etc., of improvements upon real property: RCW 4.16.300
through 4.16.320.
Adverse possession: Chapter 7.28 RCW.
Alien property custodian: RCW 4.28.330.
Attachment: Chapter 6.25 RCW.
Boundaries and plats: Title 58 RCW.
Cemetery plats, title and right to: Chapter 68.32 RCW.
Cemetery property: Chapter 68.28 RCW.
Commissioners to convey real estate: Chapter 6.28 RCW.
Community property: Chapter 26.16 RCW.
Conveyance of real property by public bodies—Recording: RCW 65.08.095.
Default in rent: Chapter 59.08 RCW.
Discrimination—Human rights commission: Chapter 49.60 RCW.
District courts, proceedings where land title involved: RCW 12.20.070.
Donation law, conflicting claims: RCW 7.28.280.
Ejectment: Chapter 7.28 RCW.
Eminent domain: Title 8 RCW; State Constitution Art. 1 § 16 (Amendment
9).
Estates of absentees: Chapter 11.80 RCW.
Excise tax, real estate sales: Chapter 82.45 RCW.
Execution and redemptions, sales under: Chapter 6.21 RCW.
Executions: Chapter 6.17 RCW.
Housing authorities law: Chapter 35.82 RCW.
Housing cooperation law: Chapter 35.83 RCW.
Indians and Indian lands: Chapter 37.12 RCW.
Intergovernmental disposition of property: Chapter 39.33 RCW.
Joint tenants, simultaneous death: RCW 11.05.030.
Landlord and tenant: Title 59 RCW.
Legal publications: Chapter 65.16 RCW.
Legislative, special legislation prohibited: State Constitution Art. 2 § 28.
Liens
landlord's: Chapter 60.72 RCW.
mechanics' and materialmen's: Chapter 60.04 RCW.
orchard lands: Chapter 60.16 RCW.
timber and lumber: Chapter 60.24 RCW.
Limitation of actions: Chapter 4.16 RCW.
Limitation on liability of landowners for injuries to recreation users: RCW
4.24.210.
Lis pendens: RCW 4.28.160, 4.28.320.
Mortgages and trust receipts: Title 61 RCW.
Nuisances: Chapters 7.48, 9.66 RCW.
Partition: Chapter 7.52 RCW.
Personal exemptions: Chapter 6.15 RCW.
Power of attorney, recording of revocation: RCW 65.08.130.
Probate and trust law: Title 11 RCW.
Property taxes: Title 84 RCW.
Public lands: Title 79 RCW.
Public lands, trespass: Chapter 79.02 RCW.
Quieting title: Chapter 7.28 RCW.
Real estate brokers and salespersons: Chapter 18.85 RCW.
Real property, false representation concerning title: RCW 9.38.020.
Recording: Chapters 65.04, 65.08 RCW.
Registration of land titles (Torrens Act): Chapter 65.12 RCW.
Rents and profits constitute real property for purposes of mortgages, trust
deeds or assignments: RCW 7.28.230.
Residential Landlord-Tenant Act: Chapter 59.18 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Separate property: Chapter 26.16 RCW.
Tenancies: Chapter 59.04 RCW.
The Washington Principal and Income Act of 2002: Chapter 11.104A RCW.
Unlawful entry and detainer: Chapter 59.16 RCW.
Validity of agreement to indemnify against liability for negligence relative to
construction or improvement of real property: RCW 4.24.115.
Federal areas
acquisition of land by United States: RCW 37.04.010.
jurisdiction in special cases: Chapter 37.08 RCW.
Federal property, purchase of: Chapter 39.32 RCW.
Federally assisted housing: Chapter 59.28 RCW.
Water rights: Title 90 RCW.
Fences: Chapter 16.60 RCW.
Forcible entry: Chapter 59.12 RCW.
Foreign corporations: Chapters 23B.01 and 23B.15 RCW.
Forests and forest products: Title 76 RCW.
Geological survey, entry on lands: RCW 43.92.080.
Homesteads: Chapter 6.13 RCW.
Sections
(2004 Ed.)
Chapter 64.04
64.04.005
64.04.010
64.04.020
64.04.030
64.04.040
64.04.050
Chapter 64.04 RCW
CONVEYANCES
Earnest money deposit—Exclusive remedy—Definition.
Conveyances and encumbrances to be by deed.
Requisites of a deed.
Warranty deed—Form and effect.
Bargain and sale deed—Form and effect.
Quitclaim deed—Form and effect.
[Title 64 RCW—page 1]
64.04.005
64.04.055
64.04.060
64.04.070
64.04.080
64.04.090
64.04.100
64.04.105
64.04.120
64.04.130
64.04.135
64.04.140
64.04.150
64.04.160
64.04.170
64.04.175
64.04.180
64.04.190
64.04.200
Title 64 RCW: Real Property and Conveyances
Deeds for conveyance of apartments under horizontal property
regimes act.
Word "heirs" unnecessary.
After acquired title follows deed.
Purchaser of community real property protected by record
title.
Private seals abolished.
Private seals abolished—Validation.
Corporate seals—Effect of absence from instrument.
Registration of land titles.
Interests in land for purposes of conservation, protection, preservation, etc.—Ownership by certain entities—Conveyances.
Criteria for monitoring historical conformance not to exceed
those in original donation agreement—Exception.
Legislative declaration—Solar energy systems—Solar easements authorized.
Solar easements—Definitions.
Solar easements—Creation.
Interference with solar easement—Remedies.
Easements established by dedication—Extinguishing or altering.
Railroad properties as public utility and transportation corridors—Declaration of availability for public use—Acquisition of reversionary interest.
Public utility and transportation corridors—Defined.
Existing rate or charge for energy conservation—Seller's duty
to disclose.
Validating—1929 c 33: "All instruments in writing purporting to convey or encumber real estate situated in this state, or any interest therein, or
other instrument in writing required to be acknowledged, heretofore executed and acknowledged according to the provisions of this act are hereby
declared legal and valid." [1929 c 33 § 7; RRS § 10563, part.]
Validating—1891 p 178: "In all cases where real estate has been heretofore duly sold by a sheriff in pursuance of law by virtue of an execution or
other process, and no deed having been made therefor in the manner required
by law to the purchaser therefor [thereof] or other person entitled to the same
by the sheriff making the sale, the successor in office of the sheriff making
the sale having made a deed of the premises so sold to the purchaser or other
person entitled to the same, such deed shall be valid and effectual to convey
to the grantee the lands or premises so sold: PROVIDED, That this act shall
not be construed to affect the equities of third parties in the premises." [1891
p 178 § 1; RRS § 10569.]
Validating—1890 p 89: "All deeds, mortgages or other instruments in
writing heretofore executed to convey real estate, or any interest therein, and
which have no subscribing witness or witnesses thereto, are hereby cured of
such defect and made valid, notwithstanding such omission: PROVIDED,
Nothing in this act shall be construed to affect vested rights or impair contracts made in good faith between parties prior to the passage of this act:
AND PROVIDED FURTHER, That nothing in this act shall be construed to
give validity to, or in any manner affect, the sale or transfer of real estate
made by the territory or state of Washington, or any officer, agent or
employee thereof prior to the passage of this act." [1890 p 89 § 1; RRS §
10570.]
Reviser's note: The two sections below were repealed by 1929 c 33 §
15 but are retained for their historical value.
enforceable, regardless of whether the seller incurs any actual
damages, PROVIDED That:
(i) The total earnest money deposit to be forfeited does
not exceed five percent of the purchase price; and
(ii) The agreement includes an express provision in substantially the following form: "In the event the purchaser
fails, without legal excuse, to complete the purchase of the
property, the earnest money deposit made by the purchaser
shall be forfeited to the seller as the sole and exclusive remedy available to the seller for such failure."
(b) If the real estate which is the subject of the agreement
is being purchased by the purchaser primarily for the purchaser's personal, family, or household purposes, then the
agreement provision required by (a)(ii) of this subsection
must be:
(i) In typeface no smaller than other text provisions of
the agreement; and
(ii) Must be separately initialed or signed by the purchaser and seller.
(2) If an agreement for the purchase and sale of real
estate does not satisfy the requirements of subsection (1) of
this section, then the seller shall have all rights and remedies
otherwise available at law or in equity as a result of the failure
of the purchaser, without legal excuse, to complete the purchase.
(3) Nothing in subsection (1) of this section shall affect
or limit the rights of any party to an agreement for the purchase and sale of real estate with respect to:
(a) Any cause of action arising from any other breach or
default by either party under the agreement; or
(b) The recovery of attorneys' fees in any action commenced with respect to the agreement, if the agreement so
provides.
(4) For purposes of this section, "earnest money deposit"
means any deposit, deposits, payment, or payments of a part
of the purchase price for the property, made in the form of
cash, check, promissory note, or other things of value for the
purpose of binding the purchaser to the agreement and identified in the agreement as an earnest money deposit, and does
not include other deposits or payments made by the purchaser. [1991 c 210 § 1.]
Application—1991 c 210: "The provisions of this act apply only to
written agreements entered on or after July 28, 1991." [1991 c 210 § 2.]
64.04.010
Validating—Code 1881: "All deeds, mortgages, or other instruments
in writing, which, prior to the passage of this chapter may have been
acknowledged before either of the foregoing named officers, or deputies, or
before the clerk of any court, or his deputies, heretofore established by the
laws of this territory, are hereby declared legal and valid, in so far as such
acknowledgment is concerned." [Code 1881 § 2318; RRS § 10562.]
Validating—Code 1881: "That all deeds, mortgages, and other instruments at any time heretofore acknowledged according to the provisions of
this chapter are hereby declared legal and valid." [Code 1881 § 2322; RRS
§ 10568.]
Recording of deeds and conveyances: Title 65 RCW.
64.04.005
64.04.005 Earnest money deposit—Exclusive remedy—Definition. (1)(a) A provision in a written agreement
for the purchase and sale of real estate which provides for the
forfeiture of an earnest money deposit to the seller as the
seller's sole and exclusive remedy if the purchaser fails, without legal excuse, to complete the purchase, is valid and
[Title 64 RCW—page 2]
64.04.010 Conveyances and encumbrances to be by
deed. Every conveyance of real estate, or any interest
therein, and every contract creating or evidencing any
encumbrance upon real estate, shall be by deed: PROVIDED, That when real estate, or any interest therein, is held
in trust, the terms and conditions of which trust are of record,
and the instrument creating such trust authorizes the issuance
of certificates or written evidence of any interest in said real
estate under said trust, and authorizes the transfer of such certificates or evidence of interest by assignment by the holder
thereof by a simple writing or by endorsement on the back of
such certificate or evidence of interest or delivery thereof to
the vendee, such transfer shall be valid, and all such assignments or transfers hereby authorized and heretofore made in
accordance with the provisions of this section are hereby
declared to be legal and valid. [1929 c 33 § 1; RRS § 10550.
Prior: 1888 p 50 § 1; 1886 p 177 § 1; Code 1881 § 2311;
(2004 Ed.)
Conveyances
1877 p 312 § 1; 1873 p 465 § 1; 1863 p 430 § 1; 1860 p 299
§ 1; 1854 p 402 § 1.]
64.04.020 Requisites of a deed. Every deed shall be in
writing, signed by the party bound thereby, and acknowledged by the party before some person authorized by *this act
to take acknowledgments of deeds. [1929 c 33 § 2; RRS §
10551. Prior: 1915 c 172 § 1; 1888 p 50 § 2; 1886 p 177 § 2;
Code 1881 § 2312; 1854 p 402 § 2.]
64.04.090
administrators and assigns may recover in any action for
breaches as if such covenants were expressly inserted. [1929
c 33 § 10; RRS § 10553. Prior: 1886 p 178 § 4.]
64.04.020
*Reviser's note: The language "this act" appears in 1929 c 33, which is
codified in RCW 64.04.010-64.04.050, 64.08.010-64.08.070, 64.12.020, and
65.08.030.
64.04.030 Warranty deed—Form and effect. Warranty deeds for the conveyance of land may be substantially
in the following form, without express covenants:
64.04.050
64.04.050 Quitclaim deed—Form and effect. Quitclaim deeds may be in substance in the following form:
The grantor (here insert the name or names and place of
residence), for and in consideration of (here insert consideration) conveys and quitclaims to (here insert grantee's name
or names) all interest in the following described real estate
(here insert description), situated in the county of . . . . . .,
state of Washington. Dated this . . . . day of . . . . . ., 19. . .
64.04.030
The grantor (here insert the name or names and place or
residence) for and in consideration of (here insert consideration) in hand paid, conveys and warrants to (here insert the
grantee's name or names) the following described real estate
(here insert description), situated in the county of . . . . . .,
state of Washington. Dated this . . . . day of . . . . . ., 19. . .
Every deed in substance in the above form, when otherwise
duly executed, shall be deemed and held a good and sufficient conveyance, release and quitclaim to the grantee, his
heirs and assigns in fee of all the then existing legal and equitable rights of the grantor in the premises therein described,
but shall not extend to the after acquired title unless words are
added expressing such intention. [1929 c 33 § 11; RRS §
10554. Prior: 1886 p 178 § 5.]
64.04.055
Every deed in substance in the above form, when otherwise
duly executed, shall be deemed and held a conveyance in fee
simple to the grantee, his heirs and assigns, with covenants on
the part of the grantor: (1) That at the time of the making and
delivery of such deed he was lawfully seized of an indefeasible estate in fee simple, in and to the premises therein
described, and had good right and full power to convey the
same; (2) that the same were then free from all encumbrances; and (3) that he warrants to the grantee, his heirs and
assigns, the quiet and peaceable possession of such premises,
and will defend the title thereto against all persons who may
lawfully claim the same, and such covenants shall be obligatory upon any grantor, his heirs and personal representatives,
as fully and with like effect as if written at full length in such
deed. [1929 c 33 § 9; RRS § 10552. Prior: 1886 p 177 § 3.]
64.04.040 Bargain and sale deed—Form and effect.
Bargain and sale deeds for the conveyance of land may be
substantially in the following form, without express covenants:
64.04.055 Deeds for conveyance of apartments under
horizontal property regimes act. All deeds for the conveyance of apartments as provided for in chapter 64.32 RCW
shall be substantially in the form required by law for the conveyance of any other land or real property and shall in addition thereto contain the contents described in RCW
64.32.120. [1963 c 156 § 29.]
64.04.060
64.04.060 Word "heirs" unnecessary. The term
"heirs", or other technical words of inheritance, shall not be
necessary to create and convey an estate in fee simple. All
conveyances heretofore made omitting the word "heirs", or
other technical words of inheritance, but not limiting the
estate conveyed, are hereby validated as and are declared to
be conveyances of an estate in fee simple. [1931 c 20 § 1;
RRS § 10558. Prior: 1888 p 51 § 4.]
64.04.040
The grantor (here insert name or names and place of residence), for and in consideration of (here insert consideration) in hand paid, bargains, sells and conveys to (here insert
the grantee's name or names) the following described real
estate (here insert description) situated in the county of
. . . . . ., state of Washington. Dated this . . . . day of . . . . . .,
19. . .
Every deed in substance in the above form when otherwise
duly executed, shall convey to the grantee, his heirs or
assigns an estate of inheritance in fee simple, and shall be
adjudged an express covenant to the grantee, his heirs or
assigns, to wit: That the grantor was seized of an indefeasible
estate in fee simple, free from encumbrances, done or suffered from the grantor, except the rents and services that may
be reserved, and also for quiet enjoyment against the grantor,
his heirs and assigns, unless limited by express words contained in such deed; and the grantee, his heirs, executors,
(2004 Ed.)
64.04.070
64.04.070 After acquired title follows deed. Whenever any person or persons having sold and conveyed by deed
any lands in this state, and who, at the time of such conveyance, had no title to such land, and any person or persons who
may hereafter sell and convey by deed any lands in this state,
and who shall not at the time of such sale and conveyance
have the title to such land, shall acquire a title to such lands
so sold and conveyed, such title shall inure to the benefit of
the purchasers or conveyee or conveyees of such lands to
whom such deed was executed and delivered, and to his and
their heirs and assigns forever. And the title to such land so
sold and conveyed shall pass to and vest in the conveyee or
conveyees of such lands and to his or their heirs and assigns,
and shall thereafter run with such land. [1871 p 195 § 1; RRS
§ 10571. Cf. Code 1881 (Supp.) p 25 § 1.]
64.04.080
64.04.080 Purchaser of community real property
protected by record title. See RCW 26.16.095.
64.04.090
64.04.090 Private seals abolished. The use of private
seals upon all deeds, mortgages, leases, bonds, and other
[Title 64 RCW—page 3]
64.04.100
Title 64 RCW: Real Property and Conveyances
instruments, and contracts in writing, including deeds from a
husband to his wife and from a wife to her husband for their
respective community right, title, interest or estate in all or
any portion of their community real property, is hereby abolished, and the addition of a private seal to any such instrument or contract in writing hereafter made, shall not affect its
validity or legality in any respect. [1923 c 23 § 1; RRS §
10556. Prior: 1888 p 184 § 1; 1888 p 50 § 3; 1886 p 165 § 1;
1871 p 83 §§ 1, 2.]
64.04.100
64.04.100 Private seals abolished—Validation. All
deeds, mortgages, leases, bonds and other instruments and
contracts in writing, including deeds from a husband to his
wife and from a wife to her husband for their respective community right, title, interest or estate in all or any portion of
their community real property, which have heretofore been
executed without the use of a private seal, are, notwithstanding, hereby declared to be legal and valid. [1923 c 23 § 2;
RRS § 10557. Prior: 1888 p 184 § 2.]
64.04.105
64.04.105 Corporate seals—Effect of absence from
instrument. The absence of a corporate seal on any deed,
mortgage, lease, bond or other instrument or contract in writing shall not affect its validity, legality or character in any
respect. [1957 c 200 § 1.]
64.04.120
64.04.120 Registration of land titles.
65.12 RCW.
See chapter
including conservation or preservation of historic sites, districts, buildings, and artifacts. [1987 c 341 § 1; 1979 ex.s. c
21 § 1.]
Acquisition of open space, land, or rights to future development by certain
entities: RCW 84.34.200 through 84.34.250.
Property tax exemption for conservation futures on agricultural land: RCW
84.36.500.
64.04.135
64.04.135 Criteria for monitoring historical conformance not to exceed those in original donation agreement—Exception. The criteria for monitoring historical
conformance shall not exceed those included in the original
donation agreement, unless agreed to in writing between
grantor and grantee. [1987 c 341 § 4.]
64.04.140
64.04.140 Legislative declaration—Solar energy systems—Solar easements authorized. The legislature
declares that the potential economic and environmental benefits of solar energy use are considered to be in the public
interest; therefore, local governments are authorized to
encourage and protect access to direct sunlight for solar
energy systems. The legislature further declares that solar
easements appropriate to assuring continued access to direct
sunlight for solar energy systems may be created and may be
privately negotiated. [1979 ex.s. c 170 § 1.]
Severability—1979 ex.s. c 170: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 170 § 15.]
64.04.130
64.04.130 Interests in land for purposes of conservation, protection, preservation, etc.—Ownership by certain entities—Conveyances. A development right, easement, covenant, restriction, or other right, or any interest less
than the fee simple, to protect, preserve, maintain, improve,
restore, limit the future use of, or conserve for open space
purposes, any land or improvement on the land, whether the
right or interest be appurtenant or in gross, may be held or
acquired by any state agency, federal agency, county, city,
town, or metropolitan municipal corporation, nonprofit historic preservation corporation, or nonprofit nature conservancy corporation. Any such right or interest shall constitute
and be classified as real property. All instruments for the conveyance thereof shall be substantially in the form required by
law for the conveyance of any land or other real property.
As used in this section, "nonprofit nature conservancy
corporation" means an organization which qualifies as being
tax exempt under 26 U.S.C. section 501(c)(3) (of the United
States Internal Revenue Code of 1954, as amended) as it
existed on June 25, 1976, and which has as one of its principal purposes the conducting or facilitating of scientific
research; the conserving of natural resources, including but
not limited to biological resources, for the general public; or
the conserving of natural areas including but not limited to
wildlife or plant habitat.
As used in this section, "nonprofit historic preservation
corporation" means an organization which qualifies as being
tax exempt under 26 U.S.C. section 501(c)(3) of the United
States Internal Revenue Code of 1954, as amended, and
which has as one of its principal purposes the conducting or
facilitating of historic preservation activities within the state,
[Title 64 RCW—page 4]
64.04.150
64.04.150 Solar easements—Definitions. (1) As used
in this chapter:
(a) "Solar energy system" means any device or combination of devices or elements which rely upon direct sunlight as
an energy source, including but not limited to any substance
or device which collects sunlight for use in:
(i) The heating or cooling of a structure or building;
(ii) The heating or pumping of water;
(iii) Industrial, commercial, or agricultural processes; or
(iv) The generation of electricity.
A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but
are not limited to, serving as a structural member or part of a
roof of a building or structure and serving as a window or
wall; and
(b) "Solar easement" means a right, expressed as an easement, restriction, covenant, or condition contained in any
deed, contract, or other written instrument executed by or on
behalf of any landowner for the purpose of assuring adequate
access to direct sunlight for solar energy systems.
(2) A solar easement is an interest in real property, and
shall be created in writing and shall be subject to the same
conveyancing and instrument recording requirements as
other easements.
(3) A solar easement shall be appurtenant and run with
the land or lands benefited and burdened, unless otherwise
provided in the easement.
(4) Any instrument creating a solar easement shall
include but not be limited to:
(2004 Ed.)
Residential Real Property Transfers—Seller’s Disclosures
(a) A description of the real property subject to the solar
easement and a description of the real property benefiting
from the solar easement; and
(b) A description of the extent of the solar easement
which is sufficiently certain to allow the owner of the real
property subject to the easement to ascertain the extent of the
easement. Such description may be made by describing the
vertical and horizontal angles, expressed in degrees, at which
the solar easement extends over the real property subject to
the easement and the points from which those angles are to be
measured, or the height over the property above which the
solar easement extends, or a prohibited shadow pattern, or
any other reasonably certain description.
(5) Any instrument creating a solar easement may
include:
(a) The terms or conditions or both under which the solar
easement is granted or will be terminated; and
(b) Any provisions for compensation to the owner of
property benefiting from the solar easement in the event of
interference with the enjoyment of the solar easement, or
compensation to the owner of the property subject to the solar
easement for maintaining the solar easement. [1979 ex.s. c
170 § 12.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
64.04.160
64.04.160 Solar easements—Creation. A solar easement created under this chapter may only be created by written agreement. Nothing in this chapter shall be deemed to
create or authorize the creation of an implied easement or a
prescriptive easement. [1979 ex.s. c 170 § 14.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
64.04.170
64.04.170 Interference with solar easement—Remedies. In any action for interference with a solar easement, if
the instrument creating the easement does not specify any
appropriate and applicable remedies, the court may choose
one or more remedies including but not limited to the following:
(1) Actual damages as measured by increased charges
for supplemental energy, the capital cost of the solar energy
system, and/or the cost of additional equipment necessary to
supply sufficient energy:
(a) From the time the interference began until the actual
or expected cessation of the interference; or
(b) If the interference is not expected to cease, in a lump
sum which represents the present value of the damages from
the time the interference began until the normally expected
end of the useful life of the equipment which was interfered
with;
(2) Reasonable and necessary attorney's fees as fixed by
the court; and
(3) An injunction against the interference. [1979 ex.s. c
170 § 13.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
easement provides for an alternative method or methods to
extinguish or alter the easement. [1991 c 132 § 1.]
64.04.180
64.04.180 Railroad properties as public utility and
transportation corridors—Declaration of availability for
public use—Acquisition of reversionary interest. Railroad
properties, including but not limited to rights-of-way, land
held in fee and used for railroad operations, bridges, tunnels,
and other facilities, are declared to be suitable for public use
upon cessation of railroad operations on the properties. It is in
the public interest of the state of Washington that such properties retain their character as public utility and transportation
corridors, and that they may be made available for public
uses including highways, other forms of mass transportation,
conservation, energy production or transmission, or recreation. Nothing in this section or in RCW 64.04.190 authorizes a public agency or utility to acquire reversionary interests in public utility and transportation corridors without payment of just compensation. [1988 c 16 § 1; 1984 c 143 § 22.]
64.04.190
64.04.190 Public utility and transportation corridors—Defined. Public utility and transportation corridors
are railroad properties (1) on which railroad operations have
ceased; (2) that have been found suitable for public use by an
order of the Interstate Commerce Commission of the United
States; and (3) that have been acquired by purchase, lease,
donation, exchange, or other agreement by the state, one of
its political subdivisions, or a public utility. [1988 c 16 § 2;
1984 c 143 § 23.]
64.04.200
64.04.200 Existing rate or charge for energy conservation—Seller's duty to disclose. Prior to closing, the seller
of real property subject to a rate or charge for energy conservation measures, services, or payments provided under a tariff approved by the utilities and transportation commission
pursuant to RCW 80.28.065 shall disclose to the purchaser of
the real property the existence of the obligation and the possibility that the purchaser may be responsible for the payment
obligation. [1993 c 245 § 3.]
Findings—Intent—1993 c 245: See note following RCW 80.28.065.
Chapter 64.06
(2004 Ed.)
Chapter 64.06 RCW
RESIDENTIAL REAL PROPERTY TRANSFERS—
SELLER'S DISCLOSURES
Sections
64.06.005
64.06.010
64.06.020
64.06.021
64.06.030
64.06.040
64.04.175
64.04.175 Easements established by dedication—
Extinguishing or altering. Easements established by a dedication are property rights that cannot be extinguished or
altered without the approval of the easement owner or owners, unless the plat or other document creating the dedicated
Chapter 64.06
64.06.050
64.06.060
64.06.070
64.06.900
Application—Definition of residential real property.
Application—Exceptions for certain transfers of residential
real property.
Seller's duty—Format of disclosure statement—Minimum
information.
Notice regarding sex offenders.
Delivery of disclosure statement—Buyer's options—Time
frame.
After delivery of disclosure statement—Additional information—Seller's duty—Buyer's options—Closing the transaction.
Error, inaccuracy, or omission in disclosure statement—
Actual knowledge—Liability.
Consumer protection act does not apply.
Buyer's rights or remedies.
Effective date—1994 c 200.
[Title 64 RCW—page 5]
64.06.005
Title 64 RCW: Real Property and Conveyances
64.06.005
64.06.005 Application—Definition of residential real
property. This chapter applies only to residential real property. For purposes of this chapter, residential real property
means:
(1) Real property consisting of, or improved by, one to
four dwelling units;
(2) A residential condominium as defined in RCW
64.34.020(9), unless the sale is subject to the public offering
statement requirement in the Washington condominium act,
chapter 64.34 RCW;
(3) A residential timeshare, as defined in RCW
64.36.010(11), unless subject to written disclosure under the
Washington timeshare act, chapter 64.36 RCW; or
(4) A mobile or manufactured home, as defined in RCW
43.22.335 or 46.04.302, that is personal property. [2002 c
268 § 8; 1994 c 200 § 1.]
Purpose—Finding—Effective dates—2002 c 268: See notes following RCW 43.22.434.
64.06.010
64.06.010 Application—Exceptions for certain transfers of residential real property. This chapter does not
apply to the following transfers of residential real property:
(1) A foreclosure, deed-in-lieu of foreclosure, or a sale
by a lienholder who acquired the residential real property
through foreclosure or deed-in-lieu of foreclosure;
(2) A gift or other transfer to a parent, spouse, or child of
a transferor or child of any parent or spouse of a transferor;
(3) A transfer between spouses in connection with a marital dissolution;
(4) A transfer where a buyer had an ownership interest in
the property within two years of the date of the transfer
including, but not limited to, an ownership interest as a partner in a partnership, a limited partner in a limited partnership,
a shareholder in a corporation, a leasehold interest, or transfers to and from a facilitator pursuant to a tax deferred
exchange;
(5) A transfer of an interest that is less than fee simple,
except that the transfer of a vendee's interest under a real
estate contract is subject to the requirements of this chapter;
and
(6) A transfer made by the personal representative of the
estate of the decedent or by a trustee in bankruptcy. [1994 c
200 § 2.]
64.06.020
64.06.020 Seller's duty—Format of disclosure statement—Minimum information. (Effective until January 1,
2005.) (1) In a transaction for the sale of residential property,
the seller shall, unless the buyer has expressly waived the
right to receive the disclosure statement, or unless the transfer
is exempt under RCW 64.06.010, deliver to the buyer a completed seller disclosure statement in the following format and
that contains, at a minimum, the following information:
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces
blank. If the question clearly does not apply to the property
write "NA". If the answer is "yes" to any * items, please
explain on attached sheets. Please refer to the line number(s)
of the question(s) when you provide your explanation(s). For
your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the dis[Title 64 RCW—page 6]
closure statement must occur not later than five business
days, unless otherwise agreed, after mutual acceptance of a
written contract to purchase between a buyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY
SELLER ABOUT THE CONDITION OF THE PROPERTY
LOCATED AT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON
ATTACHED EXHIBIT A.
SELLER MAKES THE FOLLOWING DISCLOSURES OF
EXISTING MATERIAL FACTS OR MATERIAL
DEFECTS TO BUYER BASED ON SELLER'S ACTUAL
KNOWLEDGE OF THE PROPERTY AT THE TIME
SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE
AGREE IN WRITING, YOU HAVE THREE BUSINESS
DAYS FROM THE DAY SELLER OR SELLER'S AGENT
DELIVERS THIS DISCLOSURE STATEMENT TO YOU
TO RESCIND THE AGREEMENT BY DELIVERING A
SEPARATELY SIGNED WRITTEN STATEMENT OF
RESCISSION TO SELLER OR SELLER'S AGENT. IF
THE SELLER DOES NOT GIVE YOU A COMPLETED
DISCLOSURE STATEMENT, THEN YOU MAY WAIVE
THE RIGHT TO RESCIND PRIOR TO OR AFTER THE
TIME YOU ENTER INTO A SALE AGREEMENT.
THE FOLLOWING ARE DISCLOSURES MADE BY
SELLER AND ARE NOT THE REPRESENTATIONS OF
ANY REAL ESTATE LICENSEE OR OTHER PARTY.
THIS INFORMATION IS FOR DISCLOSURE ONLY
AND IS NOT INTENDED TO BE A PART OF ANY
WRITTEN AGREEMENT BETWEEN BUYER AND
SELLER.
FOR A MORE COMPREHENSIVE EXAMINATION OF
THE SPECIFIC CONDITION OF THIS PROPERTY YOU
ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE
PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST
INSPECTORS. THE PROSPECTIVE BUYER AND
SELLER MAY WISH TO OBTAIN PROFESSIONAL
ADVICE OR INSPECTIONS OF THE PROPERTY OR TO
PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY
ADVICE, INSPECTION, DEFECTS OR WARRANTIES.
Seller . . . . is/ . . . . is not occupying the property.
I. SELLER'S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer
and attach documents, if available and not otherwise publicly recorded. If necessary,
use an attached sheet.
1. TITLE
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
A. Do you have legal authority to sell
the property? If no, please explain.
*B. Is title to the property subject to any
of the following?
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(2004 Ed.)
Residential Real Property Transfers—Seller’s Disclosures
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
(4) Life estate?
*C. Are there any encroachments,
boundary agreements, or boundary disputes?
*D. Are there any rights of way, easements, or access limitations that may
affect the Buyer's use of the property?
*E. Are there any written agreements
for joint maintenance of an easement or
right of way?
*F. Is there any study, survey project, or
notice that would adversely affect the
property?
*G. Are there any pending or existing
assessments against the property?
*H. Are there any zoning violations,
nonconforming uses, or any unusual
restrictions on the property that would
affect future construction or remodeling?
*I. Is there a boundary survey for the
property?
*J. Are there any covenants, conditions,
or restrictions which affect the property?
2. WATER
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
A. Household Water
(1) The source of water for the
property is:
[ ] Private or publicly owned water
system
[ ] Private well serving only the subject property . . . . . .
*[ ] Other water system
*If shared, are there any written
agreements?
*(2) Is there an easement (recorded
or unrecorded) for access to and/or
maintenance of the water source?
*(3) Are there any known problems
or repairs needed?
(4) During your ownership, has the
source provided an adequate year
round supply of potable water? If
no, please explain.
*(5) Are there any water treatment
systems for the property? If yes, are
they [ ]Leased [ ]Owned
B. Irrigation
(1) Are there any water rights for
the property, such as a water right,
permit, certificate, or claim?
*(a) If yes, have the water rights
been used during the last five years?
*(b) If so, is the certificate available?
C. Outdoor Sprinkler System
(1) Is there an outdoor sprinkler system for the property?
(2) If yes, are there any defects in
the system? . . . . . .
*(3) If yes, is the sprinkler system
connected to irrigation water?
3. SEWER/ON-SITE
SEWAGE SYSTEM
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
A. The property is served by: [ ] Public
sewer system, [ ] On-site sewage system
(including pipes, tanks, drainfields, and
all other component parts) [ ] Other disposal system, please describe:
..............................
B. If public sewer system service is
available to the property, is the house
connected to the sewer main? If no,
please explain.
..............................
C. Is the property subject to any sewage
system fees or charges in addition to
those covered in your regularly billed
sewer or on-site sewage system maintenance service?
D. If the property is connected to an onsite sewage system:
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] Don't know
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
*(1) Was a permit issued for its construction, and was it approved by
the local health department or district following its construction?
(2) When was it last pumped:
........................ ...
[ ] Yes
[ ] No
[ ] Don't know
*(3) Are there any defects in the
operation of the on-site sewage system?
[ ] Don't know
(4) When was it last inspected?
........................ ...
By Whom: . . . . . . . . . . . . . . . . .
[ ] Don't know
(5) For how many bedrooms was
the on-site sewage system approved
?
. . . . . . . . . . . . . . . . . . bedrooms
[ ] Yes
[ ] No
[ ] Don't know
E. Are all plumbing fixtures, including
laundry drain, connected to the
sewer/on-site sewage system? If no,
please explain: . . . . . . . . . . . . . . . . .
[ ] Yes
[ ] No
[ ] Don't know
*F. Have there been any changes or
repairs to the on-site sewage system?
[ ] Yes
[ ] No
[ ] Don't know
G. Is the on-site sewage system, including the drainfield, located entirely
within the boundaries of the property?
If no, please explain.
..............................
[ ] Yes
[ ] No
[ ] Don't know
H. Does the on-site sewage system
require monitoring and maintenance
services more frequently than once a
year? If yes, please explain.
..............................
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS
NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE
THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS
AND FIXTURES
4. STRUCTURAL
' Foundations
' Chimneys
' Doors
' Ceilings
' Pools
' Sidewalks
' Garage Floors
' Other
*A. Has the roof leaked?
*B. Has the basement flooded or
leaked?
*C. Have there been any conversions,
additions, or remodeling?
*(1) If yes, were all building permits obtained?
*(2) If yes, were all final inspections obtained?
D. Do you know the age of the house?
If yes, year of original construction:
..............................
*E. Has there been any settling, slippage, or sliding of the property or its
improvements?
*F. Are there any defects with the following: (If yes, please check applicable
items and explain.)
' Decks
' Interior Walls
' Windows
' Slab Floors
' Hot Tub
' Outbuildings
' Walkways
' Wood Stoves
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] Don't know
[ ] Don't know
' Exterior Walls
' Fire Alarm
' Patio
' Driveways
' Sauna
' Fireplaces
' Siding
*G. Was a structural pest or "whole
house" inspection done? If yes, when
and by whom was the inspection completed? . . . . . . . . . . . . . . . . . . . . . . . .
H. During your ownership, has the
property had any wood destroying
organism or pest infestation?
I. Is the attic insulated?
J. Is the basement insulated?
5. SYSTEMS AND FIXTURES
[ ] Yes
(2004 Ed.)
64.06.020
[ ] No
[ ] Don't know
*A. If any of the following systems or
fixtures are included with the transfer,
are there any defects? If yes, please
explain.
Electrical system, including wiring, switches, outlets, and service
[Title 64 RCW—page 7]
64.06.020
Title 64 RCW: Real Property and Conveyances
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] No
[ ] No
[ ] No
[ ] No
[ ] Don't know
[ ] Don't know
[ ] Don't know
[ ] Don't know
[ ] Don't know
[ ] Don't know
[ ] Yes
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] No
[ ] Don't know
[ ] Don't know
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
Plumbing system, including pipes,
faucets, fixtures, and toilets
Hot water tank
Garbage disposal
Appliances
Sump pump
Heating and cooling systems
Security system
[ ] Owned [ ] Leased
Other . . . . . . . . . . . . . . . . . . . .
*B. If any of the following fixtures
or property is included with the
transfer, are they leased? (If yes,
please attach copy of lease.)
Security system . . . . . .
Tanks (type): . . . . . .
Satellite dish . . . . . .
Other: . . . . . .
6. COMMON INTERESTS
A. Is there a Home Owners' Association? Name of Association
..............................
B. Are there regular periodic assessments:
$ . . . per [ ] Month [ ] Year
[ ] Other . . . . . . . . . . . . . . . . . . . . . . .
*C. Are there any pending special
assessments?
*D. Are there any shared "common
areas" or any joint maintenance agreements (facilities such as walls, fences,
landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)?
7. GENERAL
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
*A. Have there been any drainage problems on the property?
*B. Does the property contain fill material?
*C. Is there any material damage to the
property from fire, wind, floods, beach
movements, earthquake, expansive
soils, or landslides?
D. Is the property in a designated flood
plain?
*E. Are there any substances, materials,
or products on the property that may be
environmental concerns, such as asbestos, formaldehyde, radon gas, leadbased paint, fuel or chemical storage
tanks, or contaminated soil or water ?
*G. Has the property ever been used as
an illegal drug manufacturing site?
*H. Are there any radio towers in the
area that may cause interference with
telephone reception?
8. MANUFACTURED AND
MOBILE HOMES
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
If the property includes a manufactured
or mobile home,
*A. Did you make any alterations to the
home? If yes, please describe the alterations: . . . . . . . . . .
*B. Did any previous owner make any
alterations to the home? If yes, please
describe the alterations: . . . . . . . . . .
*C. If alterations were made, were permits or variances for these alterations
obtained?
9. FULL DISCLOSURE BY
SELLERS
[ ] Yes
[ ] No
[ ] Don't know
A. Other conditions or defects:
*Are there any other existing material
defects affecting the property that a prospective buyer should know about?
B. Verification:
DATE . . . . . . . . .
The foregoing answers and attached
explanations (if any) are complete and
correct to the best of my/our knowledge
and I/we have received a copy hereof.
I/we authorize all of my/our real estate
licensees, if any, to deliver a copy of this
disclosure statement to other real estate
licensees and all prospective buyers of
the property.
SELLER . . . . . . . . . . .
SELLER . . . . . . . . . . . . . . . .
II. BUYER'S ACKNOWLEDGMENT
A.
B.
C.
D.
E.
Buyer hereby acknowledges that: Buyer has a duty to pay
diligent attention to any material defects that are known to
Buyer or can be known to Buyer by utilizing diligent attention and observation.
The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not
by any real estate licensee or other party.
Buyer acknowledges that, pursuant to RCW 64.06.050(2),
real estate licensees are not liable for inaccurate information
provided by Seller, except to the extent that real estate licensees know of such inaccurate information.
This information is for disclosure only and is not intended to
be a part of the written agreement between the Buyer and
Seller.
Buyer (which term includes all persons signing the "Buyer's
acceptance" portion of this disclosure statement below) has
received a copy of this Disclosure Statement (including
attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE
STATEMENT ARE PROVIDED BY SELLER BASED ON
SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY
AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER
OTHERWISE AGREE IN WRITING, BUYER SHALL
HAVE THREE BUSINESS DAYS FROM THE DAY
SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED
WRITTEN STATEMENT OF RESCISSION TO SELLER
OR SELLER'S AGENT. IF THE SELLER DOES NOT
GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO
RESCIND PRIOR TO OR AFTER THE TIME YOU
ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A
COPY OF THIS DISCLOSURE STATEMENT AND
ACKNOWLEDGES THAT THE DISCLOSURES MADE
HEREIN ARE THOSE OF THE SELLER ONLY, AND
NOT OF ANY REAL ESTATE LICENSEE OR OTHER
PARTY.
DATE . . . . . . . BUYER . . . . . . . . . BUYER . . . . . . . . . . . .
(2) If the disclosure statement is being completed for
new construction which has never been occupied, the disclosure statement is not required to contain and the seller is not
required to complete the questions listed in item 4. Structural
or item 5. Systems and Fixtures.
(3) The seller disclosure statement shall be for disclosure
only, and shall not be considered part of any written agreement between the buyer and seller of residential property.
The seller disclosure statement shall be only a disclosure
made by the seller, and not any real estate licensee involved
in the transaction, and shall not be construed as a warranty of
any kind by the seller or any real estate licensee involved in
the transaction. [2003 c 200 § 1; 1996 c 301 § 2; 1994 c 200
§ 3.]
Effective date—1996 c 301 § 2: "Section 2 of this act shall take effect
July 1, 1996." [1996 c 301 § 7.]
[Title 64 RCW—page 8]
(2004 Ed.)
Residential Real Property Transfers—Seller’s Disclosures
64.06.020
64.06.020
64.06.020 Seller's duty—Format of disclosure statement—Minimum information. (Effective January 1,
2005.) (1) In a transaction for the sale of residential property,
the seller shall, unless the buyer has expressly waived the
right to receive the disclosure statement, or unless the transfer
is exempt under RCW 64.06.010, deliver to the buyer a completed seller disclosure statement in the following format and
that contains, at a minimum, the following information:
SELLER MAY WISH TO OBTAIN PROFESSIONAL
ADVICE OR INSPECTIONS OF THE PROPERTY OR TO
PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY
ADVICE, INSPECTION, DEFECTS OR WARRANTIES.
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces
blank. If the question clearly does not apply to the property
write "NA". If the answer is "yes" to any * items, please
explain on attached sheets. Please refer to the line number(s)
of the question(s) when you provide your explanation(s). For
your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business
days, unless otherwise agreed, after mutual acceptance of a
written contract to purchase between a buyer and a seller.
*If you answer "Yes" to a question with an asterisk (*), please explain your answer
and attach documents, if available and not otherwise publicly recorded. If necessary,
use an attached sheet.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY
SELLER ABOUT THE CONDITION OF THE PROPERTY
LOCATED AT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON
ATTACHED EXHIBIT A.
SELLER MAKES THE FOLLOWING DISCLOSURES OF
EXISTING MATERIAL FACTS OR MATERIAL
DEFECTS TO BUYER BASED ON SELLER'S ACTUAL
KNOWLEDGE OF THE PROPERTY AT THE TIME
SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE
AGREE IN WRITING, YOU HAVE THREE BUSINESS
DAYS FROM THE DAY SELLER OR SELLER'S AGENT
DELIVERS THIS DISCLOSURE STATEMENT TO YOU
TO RESCIND THE AGREEMENT BY DELIVERING A
SEPARATELY SIGNED WRITTEN STATEMENT OF
RESCISSION TO SELLER OR SELLER'S AGENT. IF
THE SELLER DOES NOT GIVE YOU A COMPLETED
DISCLOSURE STATEMENT, THEN YOU MAY WAIVE
THE RIGHT TO RESCIND PRIOR TO OR AFTER THE
TIME YOU ENTER INTO A SALE AGREEMENT.
THE FOLLOWING ARE DISCLOSURES MADE BY
SELLER AND ARE NOT THE REPRESENTATIONS OF
ANY REAL ESTATE LICENSEE OR OTHER PARTY.
THIS INFORMATION IS FOR DISCLOSURE ONLY
AND IS NOT INTENDED TO BE A PART OF ANY
WRITTEN AGREEMENT BETWEEN BUYER AND
SELLER.
FOR A MORE COMPREHENSIVE EXAMINATION OF
THE SPECIFIC CONDITION OF THIS PROPERTY YOU
ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE
PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST
INSPECTORS. THE PROSPECTIVE BUYER AND
(2004 Ed.)
Seller . . . . is/ . . . . is not occupying the property.
I. SELLER'S DISCLOSURES:
1. TITLE
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
A. Do you have legal authority to sell
the property? If no, please explain.
*B. Is title to the property subject to any
of the following?
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
*C. Are there any encroachments,
boundary agreements, or boundary disputes?
*D. Are there any rights of way, easements, or access limitations that may
affect the Buyer's use of the property?
*E. Are there any written agreements
for joint maintenance of an easement or
right of way?
*F. Is there any study, survey project, or
notice that would adversely affect the
property?
*G. Are there any pending or existing
assessments against the property?
*H. Are there any zoning violations,
nonconforming uses, or any unusual
restrictions on the property that would
affect future construction or remodeling?
*I. Is there a boundary survey for the
property?
*J. Are there any covenants, conditions,
or restrictions which affect the property?
2. WATER
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
A. Household Water
(1) The source of water for the
property is:
[ ] Private or publicly owned water
system
[ ] Private well serving only the subject property . . . . . .
*[ ] Other water system
*If shared, are there any written
agreements?
*(2) Is there an easement (recorded
or unrecorded) for access to and/or
maintenance of the water source?
*(3) Are there any known problems
or repairs needed?
(4) During your ownership, has the
source provided an adequate year
round supply of potable water? If
no, please explain.
*(5) Are there any water treatment
systems for the property? If yes, are
they [ ]Leased [ ]Owned
B. Irrigation
(1) Are there any water rights for
the property, such as a water right,
permit, certificate, or claim?
*(a) If yes, have the water rights
been used during the last five years?
*(b) If so, is the certificate available?
C. Outdoor Sprinkler System
(1) Is there an outdoor sprinkler system for the property?
(2) If yes, are there any defects in
the system? . . . . . .
*(3) If yes, is the sprinkler system
connected to irrigation water?
[Title 64 RCW—page 9]
64.06.020
Title 64 RCW: Real Property and Conveyances
3. SEWER/ON-SITE
SEWAGE SYSTEM
A. The property is served by: [ ] Public
sewer system, [ ] On-site sewage system
(including pipes, tanks, drainfields, and
all other component parts) [ ] Other disposal system, please describe:
..............................
[ ] Yes
[ ] No
[ ] Don't know
B. If public sewer system service is
available to the property, is the house
connected to the sewer main? If no,
please explain.
..............................
[ ] Yes
[ ] No
[ ] Don't know
C. Is the property subject to any sewage
system fees or charges in addition to
those covered in your regularly billed
sewer or on-site sewage system maintenance service?
D. If the property is connected to an onsite sewage system:
[ ] Yes
[ ] No
[ ] Don't know
*(1) Was a permit issued for its construction, and was it approved by
the local health department or district following its construction?
(2) When was it last pumped:
........................ ...
[ ] Yes
[ ] No
[ ] Don't know
*(3) Are there any defects in the
operation of the on-site sewage system?
[ ] Don't know
(4) When was it last inspected?
........................ ...
By Whom: . . . . . . . . . . . . . . . . .
[ ] Don't know
(5) For how many bedrooms was
the on-site sewage system approved
?
. . . . . . . . . . . . . . . . . . . bedrooms
[ ] Yes
[ ] No
[ ] Don't know
E. Are all plumbing fixtures, including
laundry drain, connected to the
sewer/on-site sewage system? If no,
please explain: . . . . . . . . . . . . . . . . .
[ ] Yes
[ ] No
[ ] Don't know
*F. Have there been any changes or
repairs to the on-site sewage system?
[ ] Yes
[ ] No
[ ] Don't know
G. Is the on-site sewage system, including the drainfield, located entirely
within the boundaries of the property?
If no, please explain.
..............................
[ ] Yes
[ ] No
[ ] Don't know
H. Does the on-site sewage system
require monitoring and maintenance
services more frequently than once a
year? If yes, please explain.
..............................
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS
NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE
THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS
AND FIXTURES
4. STRUCTURAL
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] Don't know
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
' Foundations
' Chimneys
' Doors
' Ceilings
' Pools
' Sidewalks
[Title 64 RCW—page 10]
*A. Has the roof leaked?
*B. Has the basement flooded or
leaked?
*C. Have there been any conversions,
additions, or remodeling?
*(1) If yes, were all building permits obtained?
*(2) If yes, were all final inspections obtained?
D. Do you know the age of the house?
If yes, year of original construction:
..............................
*E. Has there been any settling, slippage, or sliding of the property or its
improvements?
*F. Are there any defects with the following: (If yes, please check applicable
items and explain.)
' Decks
' Interior Walls
' Windows
' Slab Floors
' Hot Tub
' Outbuildings
' Exterior Walls
' Fire Alarm
' Patio
' Driveways
' Sauna
' Fireplaces
' Garage Floors
' Other
' Walkways
' Wood Stoves
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] Don't know
[ ] Don't know
' Siding
*G. Was a structural pest or "whole
house" inspection done? If yes, when
and by whom was the inspection completed? . . . . . . . . . . . . . . . . . . . . . . . .
H. During your ownership, has the
property had any wood destroying
organism or pest infestation?
I. Is the attic insulated?
J. Is the basement insulated?
5. SYSTEMS AND FIXTURES
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] No
[ ] No
[ ] No
[ ] No
[ ] Don't know
[ ] Don't know
[ ] Don't know
[ ] Don't know
[ ] Don't know
[ ] Don't know
[ ] Yes
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] No
[ ] Don't know
[ ] Don't know
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
*A. If any of the following systems or
fixtures are included with the transfer,
are there any defects? If yes, please
explain.
Electrical system, including wiring, switches, outlets, and service
Plumbing system, including pipes,
faucets, fixtures, and toilets
Hot water tank
Garbage disposal
Appliances
Sump pump
Heating and cooling systems
Security system
[ ] Owned [ ] Leased
Other . . . . . . . . . . . . . . . . . . . .
*B. If any of the following fixtures
or property is included with the
transfer, are they leased? (If yes,
please attach copy of lease.)
Security system . . . . . .
Tanks (type): . . . . . .
Satellite dish . . . . . .
Other: . . . . . .
6. COMMON INTERESTS
A. Is there a Home Owners' Association? Name of Association
..............................
B. Are there regular periodic assessments:
$ . . . per [ ] Month [ ] Year
[ ] Other . . . . . . . . . . . . . . . . . . . . . . .
*C. Are there any pending special
assessments?
*D. Are there any shared "common
areas" or any joint maintenance agreements (facilities such as walls, fences,
landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)?
7. GENERAL
*A. Have there been any drainage problems on the property?
*B. Does the property contain fill material?
*C. Is there any material damage to the
property from fire, wind, floods, beach
movements, earthquake, expansive
soils, or landslides?
D. Is the property in a designated flood
plain?
*E. Are there any substances, materials,
or products on the property that may be
environmental concerns, such as asbestos, formaldehyde, radon gas, leadbased paint, fuel or chemical storage
tanks, or contaminated soil or water ?
*G. Has the property ever been used as
an illegal drug manufacturing site?
*H. Are there any radio towers in the
area that may cause interference with
telephone reception?
8. MANUFACTURED AND
MOBILE HOMES
[ ] Yes
[ ] No
[ ] Don't know
If the property includes a manufactured
or mobile home,
*A. Did you make any alterations to the
home? If yes, please describe the alterations: . . . . . . . . . .
(2004 Ed.)
Residential Real Property Transfers—Seller’s Disclosures
[ ] Yes
[ ] No
[ ] Don't know
[ ] Yes
[ ] No
[ ] Don't know
*B. Did any previous owner make any
alterations to the home? If yes, please
describe the alterations: . . . . . . . . . .
*C. If alterations were made, were permits or variances for these alterations
obtained?
9. FULL DISCLOSURE BY
SELLERS
[ ] Yes
[ ] No
DATE . . . . . . . . .
A. Other conditions or defects:
*Are there any other existing material
defects affecting the property that a prospective buyer should know about?
B. Verification:
The foregoing answers and attached
explanations (if any) are complete and
correct to the best of my/our knowledge
and I/we have received a copy hereof.
I/we authorize all of my/our real estate
licensees, if any, to deliver a copy of this
disclosure statement to other real estate
licensees and all prospective buyers of
the property.
SELLER . . . . . . . . . . . .
SELLER . . . . . . . . . . . . . . .
[ ] Don't know
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY
BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS
NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN
THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF
REGISTERED SEX OFFENDERS.
II. BUYER'S ACKNOWLEDGMENT
A.
B.
C.
D.
E.
Buyer hereby acknowledges that: Buyer has a duty to pay
diligent attention to any material defects that are known to
Buyer or can be known to Buyer by utilizing diligent attention and observation.
The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not
by any real estate licensee or other party.
Buyer acknowledges that, pursuant to RCW 64.06.050(2),
real estate licensees are not liable for inaccurate information
provided by Seller, except to the extent that real estate licensees know of such inaccurate information.
This information is for disclosure only and is not intended to
be a part of the written agreement between the Buyer and
Seller.
Buyer (which term includes all persons signing the "Buyer's
acceptance" portion of this disclosure statement below) has
received a copy of this Disclosure Statement (including
attachments, if any) bearing Seller's signature.
64.06.030
(2) If the disclosure statement is being completed for
new construction which has never been occupied, the disclosure statement is not required to contain and the seller is not
required to complete the questions listed in item 4. Structural
or item 5. Systems and Fixtures.
(3) The seller disclosure statement shall be for disclosure
only, and shall not be considered part of any written agreement between the buyer and seller of residential property.
The seller disclosure statement shall be only a disclosure
made by the seller, and not any real estate licensee involved
in the transaction, and shall not be construed as a warranty of
any kind by the seller or any real estate licensee involved in
the transaction. [2004 c 114 § 1; 2003 c 200 § 1; 1996 c 301
§ 2; 1994 c 200 § 3.]
Application—Effective date—2004 c 114: See notes following RCW
64.06.021.
Effective date—1996 c 301 § 2: "Section 2 of this act shall take effect
July 1, 1996." [1996 c 301 § 7.]
64.06.021
64.06.021 Notice regarding sex offenders. (Effective
January 1, 2005.) The notice regarding sex offenders under
RCW 64.06.020 does not create any legal duty on the part of
the seller, or on the part of any real estate licensee, to investigate or to provide the buyer with information regarding the
actual presence, or lack thereof, of registered sex offenders in
the area of any property, including but not limited to any
property that is the subject of a disclosure or waiver of disclosure under this chapter, or that is exempt from disclosure
under RCW 64.06.010. [2004 c 114 § 2.]
Application—2004 c 114: "This act applies prospectively only and not
retroactively. It applies only to residential real property purchase and sale
agreements entered into on or after January 1, 2005, without regard to when
the agreements are closed or finalized." [2004 c 114 § 3.]
Effective date—2004 c 114: "This act takes effect January 1, 2005."
[2004 c 114 § 4.]
64.06.030
DISCLOSURES CONTAINED IN THIS DISCLOSURE
STATEMENT ARE PROVIDED BY SELLER BASED ON
SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY
AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER
OTHERWISE AGREE IN WRITING, BUYER SHALL
HAVE THREE BUSINESS DAYS FROM THE DAY
SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED
WRITTEN STATEMENT OF RESCISSION TO SELLER
OR SELLER'S AGENT. IF THE SELLER DOES NOT
GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO
RESCIND PRIOR TO OR AFTER THE TIME YOU
ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A
COPY OF THIS DISCLOSURE STATEMENT AND
ACKNOWLEDGES THAT THE DISCLOSURES MADE
HEREIN ARE THOSE OF THE SELLER ONLY, AND
NOT OF ANY REAL ESTATE LICENSEE OR OTHER
PARTY.
DATE . . . . . . . BUYER . . . . . . . . . BUYER . . . . . . . . . . . .
(2004 Ed.)
64.06.030 Delivery of disclosure statement—Buyer's
options—Time frame. Unless the buyer has expressly
waived the right to receive the disclosure statement, not later
than five business days or as otherwise agreed to, after
mutual acceptance of a written agreement between a buyer
and a seller for the purchase and sale of residential real property, the seller shall deliver to the buyer a completed, signed,
and dated real property transfer disclosure statement. Within
three business days, or as otherwise agreed to, of receipt of
the real property transfer disclosure statement, the buyer shall
have the right to exercise one of the following two options:
(1) Approving and accepting the real property transfer disclosure statement; or (2) rescinding the agreement for the purchase and sale of the property, which decision may be made
by the buyer in the buyer's sole discretion. If the buyer elects
to rescind the agreement, the buyer must deliver written
notice of rescission to the seller within the three-business-day
period, or as otherwise agreed to, and upon delivery of the
written rescission notice the buyer shall be entitled to immediate return of all deposits and other considerations less any
agreed disbursements paid to the seller, or to the seller's agent
or an escrow agent for the seller's account, and the agreement
for purchase and sale shall be void. If the buyer does not
deliver a written recision notice to [the] seller within the
three-business-day period, or as otherwise agreed to, the real
[Title 64 RCW—page 11]
64.06.040
Title 64 RCW: Real Property and Conveyances
property transfer disclosure statement will be deemed
approved and accepted by the buyer. [1996 c 301 § 3; 1994 c
200 § 4.]
64.06.040
64.06.040 After delivery of disclosure statement—
Additional information—Seller's duty—Buyer's
options—Closing the transaction. (1) If, after the date that
a seller of residential real property completes a real property
transfer disclosure statement, the seller becomes aware of
additional information, or an adverse change occurs which
makes any of the disclosures made inaccurate, the seller shall
amend the real property transfer disclosure statement, and
deliver the amendment to the buyer. No amendment shall be
required, however, if the seller takes whatever corrective
action is necessary so that the accuracy of the disclosure is
restored, or the adverse change is corrected, at least three
business days prior to the closing date. Unless the corrective
action is completed by the seller prior to the closing date, the
buyer shall have the right to exercise one of the following two
options: (a) Approving and accepting the amendment, or (b)
rescinding the agreement of purchase and sale of the property
within three business days after receiving the amended real
property transfer disclosure statement. Acceptance or recision shall be subject to the same procedures described in
RCW 64.06.030. If the closing date provided in the purchase
and sale agreement is scheduled to occur within the threebusiness-day rescission period provided for in this section,
the closing date shall be extended until the expiration of the
three-business-day rescission period. The buyer shall have no
right of rescission if the seller takes whatever action is necessary so that the accuracy of the disclosure is restored at least
three business days prior to the closing date.
(2) In the event any act, occurrence, or agreement arising
or becoming known after the closing of a residential real
property transfer causes a real property transfer disclosure
statement to be inaccurate in any way, the seller of such property shall have no obligation to amend the disclosure statement, and the buyer shall not have the right to rescind the
transaction under this chapter.
(3) If the seller in a residential real property transfer fails
or refuses to provide to the prospective buyer a real property
transfer disclosure statement as required under this chapter,
the prospective buyer's right of rescission under this section
shall apply until the earlier of three business days after receipt
of the real property transfer disclosure statement or the date
the transfer has closed, unless the buyer has otherwise waived
the right of rescission in writing. Closing is deemed to occur
when the buyer has paid the purchase price, or down payment, and the conveyance document, including a deed or real
estate contract, from the seller has been delivered and
recorded. After closing, the seller's obligation to deliver the
real property transfer disclosure statement and the buyer's
rights and remedies under this chapter shall terminate. [1996
c 301 § 4; 1994 c 200 § 5.]
64.06.050
64.06.050 Error, inaccuracy, or omission in disclosure statement—Actual knowledge—Liability. (1) The
seller of residential real property shall not be liable for any
error, inaccuracy, or omission in the real property transfer
disclosure statement if the seller had no actual knowledge of
[Title 64 RCW—page 12]
the error, inaccuracy, or omission. Unless the seller of residential real property has actual knowledge of an error, inaccuracy, or omission in a real property transfer disclosure
statement, the seller shall not be liable for such error, inaccuracy, or omission if the disclosure was based on information
provided by public agencies, or by other persons providing
information within the scope of their professional license or
expertise, including, but not limited to, a report or opinion
delivered by a land surveyor, title company, title insurance
company, structural inspector, pest inspector, licensed engineer, or contractor.
(2) Any licensed real estate salesperson or broker
involved in a residential real property transaction is not liable
for any error, inaccuracy, or omission in the real property
transfer disclosure statement if the licensee had no actual
knowledge of the error, inaccuracy, or omission. Unless the
salesperson or broker has actual knowledge of an error, inaccuracy, or omission in a real property transfer disclosure
statement, the salesperson or broker shall not be liable for
such error, inaccuracy, or omission if the disclosure was
based on information provided by public agencies, or by
other persons providing information within the scope of their
professional license or expertise, including, but not limited
to, a report or opinion delivered by a land surveyor, title company, title insurance company, structural inspector, pest
inspector, licensed engineer, or contractor. [1996 c 301 § 5;
1994 c 200 § 6.]
64.06.060
64.06.060 Consumer protection act does not apply.
The legislature finds that the practices covered by this chapter are not matters vitally affecting the public interest for the
purpose of applying the consumer protection act, chapter
19.86 RCW. [1994 c 200 § 7.]
64.06.070
64.06.070 Buyer's rights or remedies. Except as provided in RCW 64.06.050, nothing in this chapter shall extinguish or impair any rights or remedies of a buyer of real estate
against the seller or against any agent acting for the seller otherwise existing pursuant to common law, statute, or contract;
nor shall anything in this chapter create any new right or remedy for a buyer of residential real property other than the right
of recision exercised on the basis and within the time limits
provided in this chapter. [1996 c 301 § 6; 1994 c 200 § 8.]
64.06.900
64.06.900 Effective date—1994 c 200. This act shall
take effect on January 1, 1995. [1994 c 200 § 10.]
Chapter 64.08
Chapter 64.08 RCW
ACKNOWLEDGMENTS
Sections
64.08.010
64.08.020
64.08.040
64.08.050
64.08.060
64.08.070
64.08.090
64.08.100
Who may take acknowledgments.
Acknowledgments out of state—Certificate.
Foreign acknowledgments, who may take.
Certificate of acknowledgment—Evidence.
Form of certificate for individual.
Form of certificate for corporation.
Authority of superintendents, business managers and officers
of correctional institutions to take acknowledgments and
administer oaths—Procedure.
Acknowledgments by persons unable to sign name.
Validating: See notes following chapter 64.04 RCW digest.
(2004 Ed.)
Acknowledgments
Acknowledgments
merchant seamen: RCW 73.20.010.
persons in the armed services: RCW 73.20.010.
persons outside United States in connection with war: RCW 73.20.010.
64.08.010
64.08.010 Who may t ake acknowledgments.
Acknowledgments of deeds, mortgages and other instruments in writing, required to be acknowledged may be taken
in this state before a justice of the supreme court, or the clerk
thereof, or the deputy of such clerk, before a judge of the
court of appeals, or the clerk thereof, before a judge of the
superior court, or qualified court commissioner thereof, or
the clerk thereof, or the deputy of such clerk, or a county
auditor, or the deputy of such auditor, or a qualified notary
public, or a qualified United States commissioner appointed
by any district court of the United States for this state, and all
said instruments heretofore executed and acknowledged
according to the provisions of this section are hereby
declared legal and valid. [1971 c 81 § 131; 1931 c 13 § 1;
1929 c 33 § 3; RRS § 10559. Prior: 1913 c 14 § 1; Code 1881
§ 2315; 1879 p 110 § 1; 1877 p 317 § 5; 1875 p 107 § 1; 1873
p 466 § 5.]
64.08.020
64.08.020 Acknowledgments out of state—Certificate. Acknowledgments of deeds conveying or encumbering
real estate situated in this state, or any interest therein, and
other instruments in writing, required to be acknowledged,
may be taken in any other state or territory of the United
States, the District of Columbia, or in any possession of the
United States, before any person authorized to take the
acknowledgments of deeds by the laws of the state, territory,
district or possession wherein the acknowledgment is taken,
or before any commissioner appointed by the governor of this
state, for that purpose, but unless such acknowledgment is
taken before a commissioner so appointed by the governor, or
before the clerk of a court of record of such state, territory,
district or possession, or before a notary public or other
officer having a seal of office, the instrument shall have
attached thereto a certificate of the clerk of a court of record
of the county, parish, or other political subdivision of such
state, territory, district or possession wherein the acknowledgment was taken, under the seal of said court, certifying
that the person who took the acknowledgment, and whose
name is subscribed to the certificate thereof, was at the date
thereof such officer as he represented himself to be, authorized by law to take acknowledgments of deeds, and that the
clerk verily believes the signature of the person subscribed to
the certificate of acknowledgment to be genuine. [1929 c 33
§ 4; RRS §§ 10560, 10561. Prior: Code 1881 §§ 2316, 2317;
1877 p 313 §§ 6, 7; 1873 p 466 §§ 6, 7; 1867 pp 93, 94 §§ 1,
2; 1866 p 89 § 1; 1865 p 25 § 1. Formerly RCW 64.08.020
and 64.08.030.]
64.08.040
64.08.040 Foreign acknowledgments, who may take.
Acknowledgments of deeds conveying or encumbering real
estate situated in this state, or any interest therein and other
instruments in writing, required to be acknowledged, may be
taken in any foreign country before any minister, plenipotentiary, secretary of legation, charge d'affaires, consul general,
consul, vice consul, consular agent, or commercial agent
appointed by the United States government, or before any
(2004 Ed.)
64.08.070
notary public, or before the judge, clerk, or other proper
officer of any court of said country, or before the mayor or
other chief magistrate of any city, town or other municipal
corporation therein. [1929 c 33 § 5; RRS § 10563, part. Prior:
1901 c 53 § 1; 1888 p 1 § 1; Code 1881 § 2319; 1875 p 108 §
2.]
64.08.050
64.08.050 Certificate of acknowledgment—Evidence.
The officer, or person, taking an acknowledgment as in this
chapter provided, shall certify the same by a certificate written upon or annexed to the instrument acknowledged and
signed by him or her and sealed with his or her official seal,
if any, and reciting in substance that the person, or persons,
known to him or her as, or determined by satisfactory evidence to be, the person, or persons, whose name, or names,
are signed to the instrument as executing the same, acknowledged before him or her on the date stated in the certificate
that he, she, or they, executed the same freely and voluntarily.
Such certificate shall be prima facie evidence of the facts
therein recited. The officer or person taking the acknowledgment has satisfactory evidence that a person is the person
whose name is signed on the instrument if that person: (1) Is
personally known to the officer or person taking the acknowledgment; (2) is identified upon the oath or affirmation of a
credible witness personally known to the officer or person
taking the acknowledgment; or (3) is identified on the basis
of identification documents. [1988 c 69 § 1; 1929 c 33 § 6;
RRS §§ 10564, 10565. Prior: Code 1881 §§ 2320, 2321;
1879 p 158 §§ 2, 3.]
64.08.060
64.08.060 Form of certificate for individual. A certificate of acknowledgment for an individual, substantially in
the following form or, after December 31, 1985, substantially
in the form set forth in RCW 42.44.100(1), shall be sufficient
for the purposes of this chapter and for any acknowledgment
required to be taken in accordance with this chapter:
State of
....................
County of
....................





ss.
On this day personally appeared before me (here insert
the name of grantor or grantors) to me known to be the individual, or individuals described in and who executed the
within and foregoing instrument, and acknowledged that he
(she or they) signed the same as his (her or their) free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this . . . . day of
. . . . . ., 19. . . (Signature of officer and official seal)
If acknowledgment is taken before a notary public of this
state the signature shall be followed by substantially the following: Notary Public in and for the state of Washington,
residing at . . . . . . . . ., (giving place of residence). [1988 c
69 § 2; 1929 c 33 § 13; RRS § 10566. Prior: 1888 p 51 § 2;
1886 p 179 § 7.]
64.08.070
64.08.070 Form of certificate for corporation. A certificate of acknowledgment for a corporation, substantially in
the following form or, after December 31, 1985, substantially
in the form set forth in RCW 42.44.100(2), shall be sufficient
[Title 64 RCW—page 13]
64.08.090
Title 64 RCW: Real Property and Conveyances
for the purposes of this chapter and for any acknowledgment
required to be taken in accordance with this chapter:
State of
County of
...............
...............





ss.
On this . . . . day of . . . . . ., 19. . ., before me personally
appeared . . . . . ., to me known to be the (president, vice president, secretary, treasurer, or other authorized officer or
agent, as the case may be) of the corporation that executed the
within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and
on oath stated that he was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation.
In Witness Whereof I have hereunto set my hand and
affixed my official seal the day and year first above written.
(Signature and title of officer with place of residence of
notary public.) [1988 c 69 § 3; 1929 c 33 § 14; RRS § 10567.
Prior: 1903 c 132 § 1.]
64.08.090
64.08.090 Authority of superintendents, business
managers and officers of correctional institutions to take
acknowledgments and administer oaths—Procedure.
The superintendents, associate and assistant superintendents,
business managers, records officers and camp superintendents of any correctional institution or facility operated by
the state of Washington are hereby authorized and empowered to take acknowledgments on any instruments of writing,
and certify the same in the manner required by law, and to
administer all oaths required by law to be administered, all of
the foregoing acts to have the same effect as if performed by
a notary public: PROVIDED, That such authority shall only
extend to taking acknowledgments for and administering
oaths to officers, employees and residents of such institutions
and facilities. None of the individuals herein empowered to
take acknowledgments and administer oaths shall demand or
accept any fee or compensation whatsoever for administering
or taking any oath, affirmation, or acknowledgment under the
authority conferred by this section.
In certifying any oath or in signing any instrument officially, an individual empowered to do so under this section
shall, in addition to his name, state in writing his place of residence, the date of his action, and affix the seal of the institution where he is employed: PROVIDED, That in certifying
any oath to be used in any of the courts of this state, it shall
not be necessary to append an impression of the official seal
of the institution. [1972 ex.s. c 58 § 1.]
64.08.100
64.08.100 Acknowledgments by persons unable to
sign name. Any person who is otherwise competent but is
physically unable to sign his or her name or make a mark may
make an acknowledgment authorized under this chapter by
orally directing the notary public or other authorized officer
taking the acknowledgment to sign the person's name on his
or her behalf. In taking an acknowledgment under this section, the notary public or other authorized officer shall, in
addition to stating his or her name and place of residence,
[Title 64 RCW—page 14]
state that the signature in the acknowledgment was obtained
under the authority of this section. [1987 c 76 § 2.]
Chapter 64.12
Chapter 64.12 RCW
WASTE AND TRESPASS
Sections
64.12.010
64.12.020
64.12.030
64.12.035
64.12.040
64.12.045
64.12.050
64.12.060
Waste actionable.
Waste by guardian or tenant, action for.
Injury to or removing trees, etc.—Damages.
Cutting or removing vegetation—Electric utility—Liability—
Definitions.
Mitigating circumstances—Damages.
Cutting, breaking, removing Christmas trees from state
lands—Compensation.
Injunction to prevent waste on public land.
Action by occupant of unsurveyed land.
Actions to be commenced where subject is situated: RCW 4.12.010.
Damages for waste after injunction issued: RCW 7.40.200.
Injunctions, generally: Chapter 7.40 RCW.
Trespass
animals: Title 16 RCW.
criminal: Chapter 9A.52 RCW.
public lands: Chapter 79.02 RCW.
theft: Chapter 9A.56 RCW.
waste, executor or administrator may sue: RCW 11.48.010.
Waste
option contracts and coal leases on state lands: RCW 79.01.696.
restraining during redemption period: RCW 6.23.100.
trespass on state lands: Chapter 79.02 RCW.
64.12.010 Waste actionable. Wrongs heretofore remediable by action of waste shall be subjects of actions as other
wrongs. [Code 1881 § 600; 1877 p 125 § 605; 1869 p 143 §
554; 1854 p 206 § 403; RRS § 937.]
64.12.010
64.12.020 Waste by guardian or tenant, action for. If
a guardian, tenant in severalty or in common, for life or for
years, or by sufferance, or at will, or a subtenant, of real property commit waste thereon, any person injured thereby may
maintain an action at law for damages therefor against such
guardian or tenant or subtenant; in which action, if the plaintiff prevails, there shall be judgment for treble damages, or
for fifty dollars, whichever is greater, and the court, in addition may decree forfeiture of the estate of the party committing or permitting the waste, and of eviction from the property. The judgment, in any event, shall include as part of the
costs of the prevailing party, a reasonable attorney's fee to be
fixed by the court. But judgment of forfeiture and eviction
shall only be given in favor of the person entitled to the reversion against the tenant in possession, when the injury to the
estate in reversion is determined in the action to be equal to
the value of the tenant's estate or unexpired term, or to have
been done or suffered in malice. [1943 c 22 § 1; Code 1881
§ 601; 1877 p 125 § 606; 1869 p 143 § 555; 1854 p 206 § 403;
Rem. Supp. 1943 § 938.]
64.12.020
64.12.030 Injury to or removing trees, etc.—Damages. Whenever any person shall cut down, girdle or otherwise injure, or carry off any tree, timber or shrub on the land
of another person, or on the street or highway in front of any
person's house, village, town or city lot, or cultivated
grounds, or on the commons or public grounds of any village,
town or city, or on the street or highway in front thereof,
64.12.030
(2004 Ed.)
Waste and Trespass
without lawful authority, in an action by such person, village,
town or city against the person committing such trespasses or
any of them, if judgment be given for the plaintiff, it shall be
given for treble the amount of damages claimed or assessed
therefor, as the case may be. [Code 1881 § 602; 1877 p 125
§ 607; 1869 p 143 § 556; RRS § 939.]
Trespass, public lands: Chapter 79.02 RCW.
64.12.035
64.12.035 Cutting or removing vegetation—Electric
utility—Liability—Definitions. (1) An electric utility is
immune from liability under RCW 64.12.030, 64.12.040, and
4.24.630 and any claims for general or special damages,
including claims of emotional distress, for cutting or removing vegetation located on or originating from land or property
adjacent to electric facilities that:
(a) Has come in contact with or caused damage to electric facilities;
(b) Poses an imminent hazard to the general public
health, safety, or welfare and the electric utility provides
notice and makes a reasonable effort to obtain an agreement
from the resident or property owner present on the property to
trim or remove such hazard. For purposes of this subsection
(1)(b), notice may be provided by posting a notice or flier in
a conspicuous location on the affected property that gives a
good faith estimate of the time frame in which the electric
utility's trimming or removal work must occur, specifies how
the electric utility may be contacted, and explains the responsibility of the resident or property owner to respond pursuant
to the requirements of the notice. An electric utility may act
without agreement if the resident or property owner fails to
respond pursuant to the requirements of the notice. No notice
or agreement is necessary if the electric utility's action is necessary to protect life, property, or restore electric service; or
(c) Poses a potential threat to damage electric facilities
and the electric utility attempts written notice by mail to the
last known address of record indicating the intent to act or
remove vegetation and secures agreement from the affected
property owner of record for the cutting, removing, and disposition of the vegetation. Such notice shall include a brief
statement of the need and nature of the work intended that
will impact the owner's property or vegetation, a good faith
estimate of the time frame in which such work will occur, and
how the utility can be contacted regarding the cutting or
removal of vegetation. If the affected property owner fails to
respond to a notice from the electric utility within two weeks
of the date the electric utility provided notice, the electric
utility may secure agreement from a resident of the affected
property for the cutting, removing, and disposition of vegetation.
(2)(a) A hazard to the general public health, safety, or
welfare is deemed to exist when:
(i) Vegetation has encroached upon electric facilities by
overhanging or growing in such close proximity to overhead
electric facilities that it constitutes an electrical hazard under
applicable electrical construction codes or state and federal
health and safety regulations governing persons who are
employed or retained by, or on behalf of, an electric utility to
construct, maintain, inspect, and repair electric facilities or to
trim or remove vegetation; or
(2004 Ed.)
64.12.050
(ii) Vegetation is visibly diseased, dead, or dying and has
been determined by a qualified forester or certified arborist
employed or retained by, or on behalf of, an electric utility to
be of such proximity to electric facilities that trimming or
removal of the vegetation is necessary to avoid contact
between the vegetation and electric facilities.
(b) The factors to be considered in determining the
extent of trimming required to remove a hazard to the general
public health, safety, or welfare may include normal tree
growth, the combined movement of trees and conductors
under adverse weather conditions, voltage, and sagging of
conductors at elevated temperatures.
(3) A potential threat to damage electric facilities exists
when vegetation is of such size, condition, and proximity to
electric facilities that it can be reasonably expected to cause
damage to electric facilities and, based upon this standard,
the vegetation has been determined to pose a potential threat
by a qualified forester or certified arborist employed or
retained by or on behalf of an electric utility.
(4) For the purposes of this section:
(a) "Electric facilities" means lines, conduits, ducts,
poles, wires, pipes, conductors, cables, cross-arms, receivers,
transmitters, transformers, instruments, machines, appliances, instrumentalities, and all devices and apparatus used,
operated, owned, or controlled by an electric utility, for the
purposes of manufacturing, transforming, transmitting, distributing, selling, or furnishing electricity.
(b) "Electric utility" means an electrical company, as
defined under RCW 80.04.010, a municipal electric utility
formed under Title 35 RCW, a public utility district formed
under Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, a cooperative formed under chapter 23.86
RCW, and a mutual corporation or association formed under
chapter 24.06 RCW, that is engaged in the business of distributing electricity in the state.
(c) "Vegetation" means trees, timber, or shrubs. [1999 c
248 § 1.]
Severability—1999 c 248: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1999 c 248 § 3.]
64.12.040
64.12.040 Mitigating circumstances—Damages. If
upon trial of such action it shall appear that the trespass was
casual or involuntary, or that the defendant had probable
cause to believe that the land on which such trespass was
committed was his own, or that of the person in whose service or by whose direction the act was done, or that such tree
or timber was taken from uninclosed woodlands, for the purpose of repairing any public highway or bridge upon the land
or adjoining it, judgment shall only be given for single damages. [Code 1881 § 603; 1877 p 125 § 608; 1869 p 143 § 557;
RRS § 940.]
64.12.045
64.12.045 Cutting, breaking, removing Christmas
trees from state lands—Compensation. See RCW
79.02.340.
64.12.050
64.12.050 Injunction to prevent waste on public land.
When any two or more persons are opposing claimants under
the laws of the United States to any land in this state, and one
[Title 64 RCW—page 15]
64.12.060
Title 64 RCW: Real Property and Conveyances
is threatening to commit upon such land waste which tends
materially to lessen the value of the inheritance and which
cannot be compensated by damages and there is imminent
danger that unless restrained such waste will be committed,
the party, on filing his complaint and satisfying the court or
judge of the existence of the facts, may have an injunction to
restrain the adverse party. In all cases he shall give notice and
bond as is provided in other cases where injunction is
granted, and the injunction when granted shall be set aside or
modified as is provided generally for injunction and restraining orders. [Code 1881 § 604; 1877 p 125 § 609; 1869 p 144
§ 558; 1854 p 206 § 404; RRS § 941.]
Injunction, generally: Chapter 7.40 RCW.
64.12.060
64.12.060 Action by occupant of unsurveyed land.
Any person now occupying and settled upon, or who may
hereafter occupy or settle upon any of the unsurveyed public
lands not to exceed one hundred sixty acres in this territory,
for the purpose of holding and cultivating the same, may
commence and maintain any action, in any court of competent jurisdiction, for interference with or injuries done to his
or her possessions of said lands, against any person or persons so interfering with or injuring such lands or possessions:
PROVIDED, ALWAYS, That if any of the aforesaid class of
settlers are absent from their claims continuously, for a
period of six months in any one year, the said person or persons shall be deemed to have forfeited all rights under this
act. [1883 p 70 § 1; RRS § 942.]
Reviser's note: The preamble and sections 2 and 3 of the 1883 act, section 1 of which is codified above as RCW 64.12.060, read as follows:
Preamble: "WHEREAS, A great many citizens of the United States are
now settling upon and cultivating the unsurveyed government lands in this
territory; and, as many years may elapse before the government surveys will
be extended over the said lands, so that the settlers upon the same, can take
them under the laws of the United States, and defend them against the trespass of others, therefore:"
"Sec. 2. Any person or persons, who shall wilfully and maliciously disturb, or in any wise injure, or destroy the dwelling house or other building, or
any fence inclosing, or being on the claim of any of the aforesaid class of settlers, shall be deemed guilty of a misdemeanor, and upon conviction thereof,
shall be fined not less than fifty nor more than one hundred ($100) dollars,
for each and every offense, to which may be added imprisonment in the
county jail, not exceeding ninety (90) days." [1883 p 71 § 2.]
"Sec. 3. Any person or persons, who shall wilfully or maliciously set
fire to any dwelling, or other building, of any of the aforesaid class of settlers, shall be deemed guilty of arson, and subject to the penalties of the law
in such cases, made and provided." [1883 p 71 § 3.]
Chapter 64.16
Chapter 64.16 RCW
ALIEN LAND LAW
Sections
64.16.005
64.16.140
Aliens' rights and interests in lands same as native citizens'.
Certain titles confirmed.
64.16.005
64.16.005 Aliens' rights and interests in lands same
as native citizens'. Any alien may acquire and hold lands, or
any right thereto, or interest therein, by purchase, devise or
descent; and he may convey, mortgage and devise the same,
and if he shall die intestate, the same shall descend to his
heirs, and in all cases such lands shall be held, conveyed,
mortgaged or devised, or shall descend in like manner and
with like effect as if such alien were a native citizen of this
state or of the United States. [1967 c 163 § 2.]
[Title 64 RCW—page 16]
1967 c 163 adopted to implement Amendment 42: "This act is
adopted by the legislature to implement amendment 42 to the state Constitution approved by the voters of the state on November 8, 1966. Amendment
42 removed constitutional restrictions against alien ownership of land by
repealing Article II, section 33 of the state Constitution, as amended and
Amendments 24 and 29." [1967 c 163 § 1.]
Severability—1967 c 163: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1967 c 163 § 9.]
The above two annotations apply to 1967 c 163. For codification of that
act, see Codification Tables, Volume 0.
64.16.140 Certain titles confirmed. All lands and all
estates or interests in lands, within the state of Washington,
which were conveyed or attempted to be conveyed to, or
acquired or attempted to be acquired by, any alien or aliens,
prior to the date of the adoption of this act, are hereby confirmed to the respective persons at present owning or claiming to own the title thereto derived by, through or under any
such alien ownership or attempted ownership, to the extent
that title was vested in or conveyed by said alien or aliens:
PROVIDED, That nothing in this section shall be construed
to affect, adversely or otherwise, any title to any such lands,
or to any interest or estate therein, held or claimed by any private person or corporation adversely to the title hereby confirmed. [1967 c 163 § 3; 1895 c 111 § 1; RRS § 10589.]
64.16.140
Reviser's note: 1967 c 163 carried an emergency clause and was
approved by the governor on March 21, 1967.
Chapter 64.20
Chapter 64.20 RCW
ALIENATION OF LAND BY INDIANS
Sections
64.20.010
64.20.025
64.20.030
Puyallup Indians—Right of alienation.
Puyallup Indians—Right of alienation—When effective.
Sale of land or materials authorized.
Indian graves and records: Chapter 27.44 RCW.
Indians and Indian lands, jurisdiction: Chapter 37.12 RCW.
64.20.010
64.20.010 Puyallup Indians—Right of alienation.
The said Indians who now hold, or who may hereafter hold,
any of the lands of any reservation, in severalty, located in
this state by virtue of treaties made between them and the
United States, shall have power to lease, incumber, grant and
alien the same in like manner and with like effect as any other
person may do under the laws of the United States and of this
state, and all restrictions in reference thereto are hereby
removed. [1890 p 500 § 1; RRS § 10593.]
Preamble: "WHEREAS, It was and is provided by and in the treaty
made with and between the chiefs, head men and delegates of the Indian
tribes (including the Puyallup tribe) and the United States of America, which
treaty is dated on the 26th day of December, 1854, among other things as follows: 'That the president, at his discretion, should cause the whole or any
portion of the lands thereby reserved, or such land as might be selected in
lieu thereof, to be surveyed into lots and assign the same to such individuals
or families as are willing to avail themselves of the privilege and will locate
on the same as a permanent home, on the same terms, and subject to the same
regulations as are provided in the sixth article of the treaty with the Omahas,
so far as the same may be applicable; and
'WHEREAS, It was and is provided by and in the sixth article of the
treaty with the Omahas aforesaid, among other things, that said tracts of land
shall not be aliened or leased for a longer term than two years, and shall be
exempt from levy, sale or forfeiture, which conditions shall continue in force
until a state constitution embracing such lands within it boundaries shall
have been formed, and the legislature of the state shall remove the restric(2004 Ed.)
Joint Tenancies
tions, but providing that no state legislature shall remove the restrictions* *
* without the consent of the Congress;' and
'WHEREAS, The President of the United States, on the 30th day of
January, 1866, made and issued patents to the Puyallup Indians, in severalty,
for the lands of said reservation, which are now of record in the proper office
in Pierce county, in the State of Washington; and
'WHEREAS, All the conditions now exist which said treaties contain,
and which make it desirable and proper to remove the restrictions in respect
to the alienation and disposition of said lands by the Indians, who now hold
them in severalty: now, therefore,"
64.20.025
64.20.025 Puyallup Indians—Right of alienation—
When effective. *This act shall take effect and be in force
from and after the consent to such removal of the restrictions
shall have been given by the congress of the United States.
[1890 p 501 § 3; no RRS.]
Reviser's note: *(1) The language "this act" appears in 1890 p 501 § 3,
which act is codified herein as RCW 64.20.010 through 64.20.025.
(2) An act of congress of March 3, 1893, removed the restriction on
transfer (Wilson Act, 27 Stat. p 633) but postponed the right to transfer for
ten years, that is, until March 3, 1903.
64.20.030
64.20.030 Sale of land or materials authorized. Any
Indian who owns within this state any land or real estate allotted to him by the government of the United States may with
the consent of congress, either special or general, sell and
convey by deed made, executed and acknowledged before
any officer authorized to take acknowledgments to deeds
within this state, any stone, mineral, petroleum or timber contained on said land or the fee thereof and such conveyance
shall have the same effect as a deed of any other person or
persons within this state; it being the intention of this section
to remove from Indians residing in this state all existing disabilities relating to alienation of their real estate. [1899 c 96
§ 1; RRS § 10595.]
Chapter 64.28
Chapter 64.28 RCW
JOINT TENANCIES
Sections
64.28.010
64.28.020
64.28.030
64.28.040
64.28.010
Joint tenancies with right of survivorship authorized—Methods of creation—Creditors' rights saved.
Interest in favor of two or more is interest in common—Exceptions for joint tenancies, partnerships, trustees, etc.—Presumption of community property.
Bank deposits, choses in action, community property agreements not affected.
Character of joint tenancy interests held by husband and wife.
64.28.010 Joint tenancies with right of survivorship
authorized—Methods of creation—Creditors' rights
saved. Whereas joint tenancy with right of survivorship permits property to pass to the survivor without the cost or delay
of probate proceedings, there shall be a form of co-ownership
of property, real and personal, known as joint tenancy. A
joint tenancy shall have the incidents of survivorship and severability as at common law, including the unilateral right of
each tenant to sever the joint tenancy. Joint tenancy shall be
created only by written instrument, which instrument shall
expressly declare the interest created to be a joint tenancy. It
may be created by a single agreement, transfer, deed, will, or
other instrument of conveyance, or by agreement, transfer,
deed or other instrument from a sole owner to himself and
others, or from tenants in common or joint tenants to themselves or some of them, or to themselves or any of them and
(2004 Ed.)
64.28.040
others, or from husband and wife, when holding title as community property, or otherwise, to themselves or to themselves
and others, or to one of them and to another or others, or
when granted or devised to executors or trustees as joint tenants: PROVIDED, That such transfer shall not derogate from
the rights of creditors. [1993 c 19 § 1; 1963 ex.s. c 16 § 1;
1961 c 2 § 1 (Initiative Measure No. 208, approved November 8, 1960).]
64.28.020
64.28.020 Interest in favor of two or more is interest
in common—Exceptions for joint tenancies, partnerships,
trustees, etc.—Presumption of community property. (1)
Every interest created in favor of two or more persons in their
own right is an interest in common, unless acquired by them
in partnership, for partnership purposes, or unless declared in
its creation to be a joint tenancy, as provided in RCW
64.28.010, or unless acquired by executors or trustees.
(2) Interests in common held in the names of a husband
and wife, whether or not in conjunction with others, are presumed to be their community property.
(3) Subsection (2) of this section applies as of June 9,
1988, to all existing or subsequently created interests in common. [1988 c 29 § 10; 1961 c 2 § 2 (Initiative Measure No.
208, approved November 8, 1960).]
64.28.030
64.28.030 Bank deposits, choses in action, community property agreements not affected. The provisions of
this chapter shall not restrict the creation of a joint tenancy in
a bank deposit or in other choses in action as heretofore or
hereafter provided by law, nor restrict the power of husband
and wife to make agreements as provided in RCW 26.16.120.
[1961 c 2 § 3 (Initiative Measure No. 208, approved November 8, 1960).]
64.28.040
64.28.040 Character of joint tenancy interests held
by husband and wife. (1) Joint tenancy interests held in the
names of a husband and wife, whether or not in conjunction
with others, are presumed to be their community property,
the same as other property held in the name of both husband
and wife. Any such interest passes to the survivor of the husband and wife as provided for property held in joint tenancy,
but in all other respects the interest is treated as community
property.
(2) Either husband or wife, or both, may sever a joint tenancy. When a joint tenancy is severed, the property, or proceeds of the property, shall be presumed to be their community property, whether it is held in the name of the husband or
wife, or both.
(3) This section applies as of January 1, 1985, to all
existing or subsequently created joint tenancies. [1993 c 19 §
2; 1985 c 10 § 2. Prior: 1984 c 149 § 174.]
Purpose—1985 c 10: "The purpose of this act is to make technical corrections to chapter 149, Laws of 1984, and to ensure that the changes made
in that chapter meet the constitutional requirements of Article II, section 19
of the state Constitution." [1985 c 10 § 1.]
Severability—1985 c 10: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1985 c 10 § 3.]
Short title—Application—1985 c 30: See RCW 11.02.900 and
11.02.901.
[Title 64 RCW—page 17]
Chapter 64.32
Title 64 RCW: Real Property and Conveyances
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Chapter 64.32 RCW
HORIZONTAL PROPERTY REGIMES ACT
(CONDOMINIUMS)
Chapter 64.32
Sections
64.32.010
64.32.020
64.32.030
64.32.040
64.32.050
64.32.060
64.32.070
64.32.080
64.32.090
64.32.100
64.32.110
64.32.120
64.32.130
64.32.140
64.32.150
64.32.160
64.32.170
64.32.180
64.32.190
64.32.200
64.32.210
64.32.220
64.32.230
64.32.240
64.32.250
64.32.900
64.32.910
64.32.920
Definitions.
Application of chapter.
Apartments and common areas declared real property.
Ownership and possession of apartments and common areas.
Common areas and facilities.
Compliance with covenants, bylaws and administrative rules
and regulations.
Liens or encumbrances—Enforcement—Satisfaction.
Common profits and expenses.
Contents of declaration.
Copy of survey map, building plans to be filed—Contents of
plans.
Ordinances, resolutions, or zoning laws—Construction.
Contents of deeds or other conveyances of apartments.
Mortgages, liens or encumbrances affecting an apartment at
time of first conveyance.
Recording.
Removal of property from provisions of chapter.
Removal of property from provisions of chapter—No bar to
subsequent resubmission.
Records and books—Availability for examination—Audits.
Exemption from liability for contribution for common
expenses prohibited.
Separate assessments and taxation.
Assessments for common expenses—Enforcement of collection—Liens and foreclosures—Liability of mortgagee or
purchaser.
Conveyance—Liability of grantor and grantee for unpaid common expenses.
Insurance.
Destruction or damage to all or part of property—Disposition.
Actions.
Application of chapter, declaration and bylaws.
Short title.
Construction of term "this chapter."
Severability—1963 c 156.
Condominiums created after July 1, 1990: Chapter 64.34 RCW.
Conversion of apartments into condominiums, notice required: RCW
59.18.200.
Mutual savings banks, powers as to condominiums: RCW 32.04.025.
64.32.010
64.32.010 Definitions. As used in this chapter unless
the context otherwise requires:
(1) "Apartment" means a part of the property intended
for any type of independent use, including one or more rooms
or spaces located on one or more floors (or part or parts
thereof) in a building, or if not in a building, a separately
delineated place of storage or moorage of a boat, plane, or
motor vehicle, regardless of whether it is destined for a residence, an office, storage or moorage of a boat, plane, or
motor vehicle, the operation of any industry or business, or
for any other use not prohibited by law, and which has a
direct exit to a public street or highway, or to a common area
leading to such street or highway. The boundaries of an apartment located in a building are the interior surfaces of the
perimeter walls, floors, ceilings, windows and doors thereof,
and the apartment includes both the portions of the building
so described and the air space so encompassed. If the apartment is a separately delineated place of storage or moorage of
a boat, plane, or motor vehicle the boundaries are those specified in the declaration. In interpreting declarations, deeds,
and plans, the existing physical boundaries of the apartment
[Title 64 RCW—page 18]
as originally constructed or as reconstructed in substantial
accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the metes
and bounds expressed or depicted in the declaration, deed or
plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries
shown in the declaration, deed, or plan and those of apartments in the building.
(2) "Apartment owner" means the person or persons
owning an apartment, as herein defined, in fee simple absolute or qualified, by way of leasehold or by way of a periodic
estate, or in any other manner in which real property may be
owned, leased or possessed in this state, together with an
undivided interest in a like estate of the common areas and
facilities in the percentage specified and established in the
declaration as duly recorded or as it may be lawfully
amended.
(3) "Apartment number" means the number, letter, or
combination thereof, designating the apartment in the declaration as duly recorded or as it may be lawfully amended.
(4) "Association of apartment owners" means all of the
apartment owners acting as a group in accordance with the
bylaws and with the declaration as it is duly recorded or as
they may be lawfully amended.
(5) "Building" means a building, containing two or more
apartments, or two or more buildings each containing one or
more apartments, and comprising a part of the property.
(6) "Common areas and facilities", unless otherwise provided in the declaration as duly recorded or as it may be lawfully amended, includes:
(a) The land on which the building is located;
(b) The foundations, columns, girders, beams, supports,
main walls, roofs, halls, corridors, lobbys, stairs, stairways,
fire escapes, and entrances and exits of the building;
(c) The basements, yards, gardens, parking areas and
storage spaces;
(d) The premises for the lodging of janitors or persons in
charge of the property;
(e) The installations of central services such as power,
light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating;
(f) The elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;
(g) Such community and commercial facilities as may be
provided for in the declaration as duly recorded or as it may
be lawfully amended;
(h) All other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in
common use.
(7) "Common expenses" include:
(a) All sums lawfully assessed against the apartment
owners by the association of apartment owners;
(b) Expenses of administration, maintenance, repair, or
replacement of the common areas and facilities;
(c) Expenses agreed upon as common expenses by the
association of apartment owners;
(d) Expenses declared common expenses by the provisions of this chapter, or by the declaration as it is duly
recorded, or by the bylaws, or as they may be lawfully
amended.
(2004 Ed.)
Horizontal Property Regimes Act (Condominiums)
(8) "Common profits" means the balance of all income,
rents, profits and revenues from the common areas and facilities remaining after the deduction of the common expenses.
(9) "Declaration" means the instrument by which the
property is submitted to provisions of this chapter, as hereinafter provided, and as it may be, from time to time, lawfully
amended.
(10) "Land" means the material of the earth, whatever
may be the ingredients of which it is composed, whether soil,
rock, or other substance, whether or not submerged, and
includes free or occupied space for an indefinite distance
upwards as well as downwards, subject to limitations upon
the use of airspace imposed, and rights in the use of the airspace granted, by the laws of this state or of the United States.
(11) "Limited common areas and facilities" includes
those common areas and facilities designated in the declaration, as it is duly recorded or as it may be lawfully amended,
as reserved for use of certain apartment or apartments to the
exclusion of the other apartments.
(12) "Majority" or "majority of apartment owners"
means the apartment owners with fifty-one percent or more
of the votes in accordance with the percentages assigned in
the declaration, as duly recorded or as it may be lawfully
amended, to the apartments for voting purposes.
(13) "Person" includes any individual, corporation, partnership, association, trustee, or other legal entity.
(14) "Property" means the land, the building, all
improvements and structures thereon, all owned in fee simple
absolute or qualified, by way of leasehold or by way of a periodic estate, or in any other manner in which real property
may be owned, leased or possessed in this state, and all easements, rights and appurtenances belonging thereto, none of
which shall be considered as a security or security interest,
and all articles of personalty intended for use in connection
therewith, which have been or are intended to be submitted to
the provisions of this chapter. [1987 c 383 § 1; 1981 c 304 §
34; 1965 ex.s. c 11 § 1; 1963 c 156 § 1.]
Applicability of RCW 64.32.010(1) to houseboat moorages: "The
provisions of section 34 (1) shall not apply to moorages for houseboats without the approval of the local municipality." [1981 c 304 § 35.]
Severability—1981 c 304: See note following RCW 26.16.030.
64.32.020
64.32.020 Application of chapter. This chapter shall
be applicable only to property, the sole owner or all of the
owners, lessees or possessors of which submit the same to the
provisions hereof by duly executing and recording a declaration as hereinafter provided. [1963 c 156 § 2.]
64.32.030
64.32.030 Apartments and common areas declared
real property. Each apartment, together with its undivided
interest in the common areas and facilities shall not be considered as an intangible or a security or any interest therein
but shall for all purposes constitute and be classified as real
property. [1963 c 156 § 3.]
64.32.040
64.32.040 Ownership and possession of apartments
and common areas. Each apartment owner shall be entitled
to the exclusive ownership and possession of his apartment
but any apartment may be jointly or commonly owned by
more than one person. Each apartment owner shall have the
(2004 Ed.)
64.32.060
common right to a share, with other apartment owners, in the
common areas and facilities. [1963 c 156 § 4.]
64.32.050
64.32.050 Common areas and facilities. (1) Each
apartment owner shall be entitled to an undivided interest in
the common areas and facilities in the percentage expressed
in the declaration. Such percentage shall be computed by taking as a basis the value of the apartment in relation to the
value of the property.
(2) The percentage of the undivided interest of each
apartment owner in the common areas and facilities as
expressed in the declaration shall not be altered except in
accordance with procedures set forth in the bylaws and by
amending the declaration. The percentage of the undivided
interest in the common areas and facilities shall not be separated from the apartment to which it appertains even though
such interest is not expressly mentioned or described in the
conveyance or other instrument. Nothing in this section or
this chapter shall be construed to detract from or limit the
powers and duties of any assessing or taxing unit or official
which is otherwise granted or imposed by law, rule, or regulation.
(3) The common areas and facilities shall remain undivided and no apartment owner or any other person shall bring
any action for partition or division of any part thereof, unless
the property has been removed from the provisions of this
chapter as provided in RCW 64.32.150 and 64.32.230. Any
covenant to the contrary shall be void. Nothing in this chapter
shall be construed as a limitation on the right of partition by
joint owners or owners in common of one or more apartments
as to the ownership of such apartment or apartments.
(4) Each apartment owner shall have a nonexclusive
easement for, and may use the common areas and facilities in
accordance with the purpose for which they were intended
without hindering or encroaching upon the lawful right of the
other apartment owners.
(5) The necessary work of maintenance, repair and
replacement of the common areas and facilities and the making of any addition or improvement thereto shall be carried
out only as provided in this chapter and in the bylaws.
(6) The association of apartment owners shall have the
irrevocable right, to be exercised by the manager or board of
directors, to have access to each apartment from time to time
during reasonable hours as may be necessary for the maintenance, repair, or replacement of any of the common areas and
facilities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the
common areas and facilities or to another apartment or apartments. [1965 ex.s. c 11 § 2; 1963 c 156 § 5.]
64.32.060
64.32.060 Compliance with covenants, bylaws and
administrative rules and regulations. Each apartment
owner shall comply strictly with the bylaws and with the
administrative rules and regulations adopted pursuant
thereto, as either may be lawfully amended from time to time,
and with the covenants, conditions and restrictions set forth
in the declaration or in the deed to his apartment. Failure to
comply with any of the foregoing shall be ground for an
action to recover sums due, for damages or injunctive relief,
or both, maintainable by the manager or board of directors on
[Title 64 RCW—page 19]
64.32.070
Title 64 RCW: Real Property and Conveyances
behalf of the association of apartment owners or by a particularly aggrieved apartment owner. [1963 c 156 § 6.]
64.32.070
64.32.070 Liens or encumbrances—Enforcement—
Satisfaction. (1) Subsequent to recording the declaration as
provided in this chapter, and while the property remains subject to this chapter, no lien shall thereafter arise or be effective against the property. During such period, liens or encumbrances shall arise or be created only against each apartment
and the percentage of undivided interest in the common areas
and facilities and appurtenant to such apartment in the same
manner and under the same conditions in every respect as
liens or encumbrances may arise or be created upon or
against any other separate parcel of real property subject to
individual ownership: PROVIDED, That no labor performed
or materials furnished with the consent of or at the request of
the owner of any apartment, or such owner's agent, contractor, or subcontractor, shall be the basis for the filing of a lien
against any other apartment or any other property of any
other apartment owner not expressly consenting to or
requesting the same, except that such express consent shall be
deemed to be given by any apartment owner in the case of
emergency repairs. Labor performed or materials furnished
for the common areas and facilities, if authorized by the association of apartment owners, the manager or board of directors shall be deemed to be performed or furnished with the
express consent of each apartment owner and shall be the
basis for the filing of a lien against each of the apartments and
shall be subject to the provisions of subsection (2) of this section.
(2) In the event a lien against two or more apartments
becomes effective, the apartment owners of the separate
apartments may remove their apartment and the percentage
of undivided interest in the common areas and facilities
appurtenant to such apartment from the lien by payment of
the fractional or proportional amounts attributable to each of
the apartments affected. Such individual payments shall be
computed by reference to the percentages appearing on the
declaration. Subsequent to any such payment, discharge, or
satisfaction, the apartment and the percentage of undivided
interest in the common areas and facilities appurtenant
thereto shall thereafter be free and clear of the liens so paid,
satisfied, or discharged. Such partial payment, satisfaction, or
discharge shall not prevent the lienor from proceeding to
enforce his rights against any apartment and the percentage of
undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied, or discharged. [1963 c
156 § 7.]
64.32.080
64.32.080 Common profits and expenses. The common profits of the property shall be distributed among, and
the common expenses shall be charged to, the apartment
owners according to the percentage of the undivided interest
in the common areas and facilities. [1963 c 156 § 8.]
64.32.090
64.32.090 Contents of declaration. The declaration
shall contain the following:
(1) A description of the land on which the building and
improvement are or are to be located;
[Title 64 RCW—page 20]
(2) A description of the building, stating the number of
stories and basements, the number of apartments and the
principal materials of which it is or is to be constructed;
(3) The apartment number of each apartment, and a statement of its location, approximate area, number of rooms, and
immediate common area to which it has access, and any other
data necessary for its proper identification;
(4) A description of the common areas and facilities;
(5) A description of the limited common areas and facilities, if any, stating to which apartments their use is reserved;
(6) The value of the property and of each apartment, and
the percentage of undivided interest in the common areas and
facilities appertaining to each apartment and its owner for all
purposes, including voting;
(7) A statement of the purposes for which the building
and each of the apartments are intended and restricted as to
use;
(8) The name of a person to receive service of process in
the cases provided for in this chapter, together with a residence or place of business of such person which shall be
within the county in which the building is located;
(9) A provision as to the percentage of votes by the apartment owners which shall be determinative of whether to
rebuild, repair, restore, or sell the property in event of damage or destruction of all or part of the property;
(10) A provision authorizing and establishing procedures
for the subdividing and/or combining of any apartment or
apartments, common areas and facilities or limited common
areas and facilities, which procedures may provide for the
accomplishment thereof through means of a metes and
bounds description;
(11) A provision requiring the adoption of bylaws for the
administration of the property or for other purposes not
inconsistent with this chapter, which may include whether
administration of the property shall be by a board of directors
elected from among the apartment owners, by a manager, or
managing agent, or otherwise, and the procedures for the
adoption thereof and amendments thereto;
(12) Any further details in connection with the property
which the person executing the declaration may deem desirable to set forth consistent with this chapter; and
(13) The method by which the declaration may be
amended, consistent with this chapter: PROVIDED, That not
less than sixty percent of the apartment owners shall consent
to any amendment except that any amendment altering the
value of the property and of each apartment and the percentage of undivided interest in the common areas and facilities
shall require the unanimous consent of the apartment owners.
[1963 c 156 § 9.]
64.32.100 Copy of survey map, building plans to be
filed—Contents of plans. Simultaneously with the recording of the declaration there shall be filed in the office of the
county auditor of the county in which the property is located
a survey map of the surface of the land submitted to the provisions of this chapter showing the location or proposed location of the building or buildings thereon.
There also shall be filed simultaneously, a set of plans of
the building or buildings showing as to each apartment:
(1) The vertical and horizontal boundaries, as defined in
RCW 64.32.010(1), in sufficient detail to identify and locate
64.32.100
(2004 Ed.)
Horizontal Property Regimes Act (Condominiums)
such boundaries relative to the survey map of the surface of
the land by the use of standard survey methods;
(2) The number of the apartment and its dimensions;
(3) The approximate square footage of each unit;
(4) The number of bathrooms, whole or partial;
(5) The number of rooms to be used primarily as bedrooms;
(6) The number of built-in fireplaces;
(7) A statement of any scenic view which might affect
the value of the apartment; and
(8) The initial value of the apartment relative to the other
apartments in the building.
The set of plans shall bear the verified statement of a registered architect, registered professional engineer, or registered land surveyor certifying that the plans accurately depict
the location and dimensions of the apartments as built.
If such plans do not include such verified statement there
shall be recorded prior to the first conveyance of any apartment an amendment to the declaration to which shall be
attached a verified statement of a registered architect, registered professional engineer, or registered land surveyor, certifying that the plans theretofore filed or being filed simultaneously with such amendment, fully and accurately depict the
apartment numbers, dimensions, and locations of the apartments as built.
Such plans shall each contain a reference to the date of
recording of the declaration and the volume, page and county
auditor's receiving number of the recorded declaration. Correspondingly, the record of the declaration or amendment
thereof shall contain a reference to the file number of the
plans of the building affected thereby.
All plans filed shall be in such style, size, form and quality as shall be prescribed by the county auditor of the county
where filed, and a copy shall be delivered to the county assessor. [1987 c 383 § 2; 1965 ex.s. c 11 § 3; 1963 c 156 § 10.]
Fees for filing condominium surveys, maps, or plats: RCW 58.24.070.
64.32.110
64.32.110 Ordinances, resolutions, or zoning laws—
Construction. Local ordinances, resolutions, or laws relating to zoning shall be construed to treat like structures, lots,
or parcels in like manner regardless of whether the ownership
thereof is divided by sale of apartments under this chapter
rather than by lease of apartments. [1963 c 156 § 11.]
64.32.120
64.32.120 Contents of deeds or other conveyances of
apartments. Deeds or other conveyances of apartments shall
include the following:
(1) A description of the land as provided in RCW
64.32.090, or the post office address of the property, including in either case the date of recording of the declaration and
the volume and page or county auditor's recording number of
the recorded declaration;
(2) The apartment number of the apartment in the declaration and any other data necessary for its proper identification;
(3) A statement of the use for which the apartment is
intended;
(4) The percentage of undivided interest appertaining to
the apartment, the common areas and facilities and limited
common areas and facilities appertaining thereto, if any;
(2004 Ed.)
64.32.170
(5) Any further details which the grantor and grantee
may deem desirable to set forth consistent with the declaration and with this chapter. [1999 c 233 § 9; 1965 ex.s. c 11 §
4; 1963 c 156 § 12.]
Effective date—1999 c 233: See note following RCW 4.28.320.
64.32.130
64.32.130 Mortgages, liens or encumbrances affecting an apartment at time of first conveyance. At the time
of the first conveyance of each apartment, every mortgage,
lien, or other encumbrance affecting such apartment, including the percentage of undivided interest of the apartment in
the common areas and facilities, shall be paid and satisfied of
record, or the apartment being conveyed and its percentage of
undivided interest in the common areas and facilities shall be
released therefrom by partial release duly recorded. [1963 c
156 § 13.]
64.32.140
64.32.140 Recording. The declaration, any amendment
thereto, any instrument by which the property may be
removed from this chapter and every instrument affecting the
property or any apartment shall be entitled to be recorded in
the office of the auditor of the county in which the property is
located. Neither the declaration nor any amendment thereof
shall be valid unless duly recorded. [1963 c 156 § 14.]
64.32.150
64.32.150 Removal of property from provisions of
chapter. (1) All of the apartment owners may remove a
property from the provisions of this chapter by an instrument
to that effect duly recorded: PROVIDED, That the mortgagees and holders of all liens affecting any of the apartments
consent thereto or agree, in either case by instrument duly
recorded, that their mortgages and liens be transferred to the
percentage of the undivided interest of the apartment owner
in the property as hereinafter provided;
(2) Upon removal of the property from the provisions of
this chapter, the property shall be deemed to be owned in
common by the apartment owners. The undivided interest in
the property owned in common which shall appertain to each
apartment owner shall be the percentage of the undivided
interest previously owned by such owners in the common
areas and facilities. [1963 c 156 § 15.]
64.32.160
64.32.160 Removal of property from provisions of
chapter—No bar to subsequent resubmission. The
removal provided for in RCW 64.32.150 shall in no way bar
the subsequent resubmission of the property to the provisions
of this chapter. [1963 c 156 § 16.]
64.32.170
64.32.170 Records and books—Availability for
examination—Audits. The manager or board of directors,
as the case may be, shall keep complete and accurate books
and records of the receipts and expenditures affecting the
common areas and facilities, specifying and itemizing the
maintenance and repair expenses of the common areas and
facilities and any other expenses incurred. Such books and
records and the vouchers authorizing payments shall be available for examination by the apartment owners, their agents or
attorneys, at any reasonable time or times. All books and
records shall be kept in accordance with good accounting
procedures and be audited at least once a year by an auditor
[Title 64 RCW—page 21]
64.32.180
Title 64 RCW: Real Property and Conveyances
outside of the organization. [1965 ex.s. c 11 § 5; 1963 c 156
§ 17.]
64.32.180
64.32.180 Exemption from liability for contribution
for common expenses prohibited. No apartment owner
may exempt himself from liability for his contribution
towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his apartment. [1963 c 156 § 18.]
apartment as a result of foreclosure of the mortgage, such
possessor, his successors and assigns shall not be liable for
the share of the common expenses or assessments by the
association of apartment owners chargeable to such apartment which became due prior to such possession. Such
unpaid share of common expenses of assessments shall be
deemed to be common expenses collectible from all of the
apartment owners including such possessor, his successors
and assigns. [1988 c 192 § 2; 1965 ex.s. c 11 § 6; 1963 c 156
§ 20.]
64.32.190
64.32.190 Separate assessments and taxation. Each
apartment and its undivided interest in the common areas and
facilities shall be deemed to be a parcel and shall be subject
to separate assessments and taxation by each assessing unit
for all types of taxes authorized by law including but not limited to special ad valorem levies and special assessments.
Neither the building, nor the property, nor any of the common
areas and facilities shall be deemed to be a security or a parcel
for any purpose. [1963 c 156 § 19.]
64.32.200
64.32.200 Assessments for common expenses—
Enforcement of collection—Liens and foreclosures—Liability of mortgagee or purchaser. (1) The declaration may
provide for the collection of all sums assessed by the association of apartment owners for the share of the common
expenses chargeable to any apartment and the collection may
be enforced in any manner provided in the declaration including but not limited to (a) ten days notice shall be given the
delinquent apartment owner to the effect that unless such
assessment is paid within ten days any or all utility services
will be forthwith severed and shall remain severed until such
assessment is paid, or (b) collection of such assessment may
be made by such lawful method of enforcement, judicial or
extra-judicial, as may be provided in the declaration and/or
bylaws.
(2) All sums assessed by the association of apartment
owners but unpaid for the share of the common expenses
chargeable to any apartment shall constitute a lien on such
apartment prior to all other liens except only (a) tax liens on
the apartment in favor of any assessing unit and/or special
district, and (b) all sums unpaid on all mortgages of record.
Such lien is not subject to the ban against execution or forced
sales of homesteads under RCW 6.13.080 and may be foreclosed by suit by the manager or board of directors, acting on
behalf of the apartment owners, in like manner as a mortgage
of real property. In any such foreclosure the apartment owner
shall be required to pay a reasonable rental for the apartment,
if so provided in the bylaws, and the plaintiff in such foreclosures shall be entitled to the appointment of a receiver to collect the same. The manager or board of directors, acting on
behalf of the apartment owners, shall have power, unless prohibited by the declaration, to bid on the apartment at foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. Upon an express waiver in the complaint of any
right to a deficiency judgment, the period of redemption shall
be eight months after the sale. Suit to recover any judgment
for any unpaid common expenses shall be maintainable without foreclosing or waiving the liens securing the same.
(3) Where the mortgagee of a mortgage of record or
other purchaser of an apartment obtains possession of the
[Title 64 RCW—page 22]
64.32.210
64.32.210 Conveyance—Liability of grantor and
grantee for unpaid common expenses. In a voluntary conveyance the grantee of an apartment shall be jointly and severally liable with the grantor for all unpaid assessments
against the latter for his share of the common expenses up to
the time of the grantor's conveyance, without prejudice to the
grantee's right to recover from the grantor the amounts paid
by the grantee therefor. Any such grantee shall be entitled to
a statement from the manager or board of directors, as the
case may be, setting forth the amount of the unpaid assessments against the grantor and such grantee shall not be liable
for, nor shall the apartment conveyed be subject to a lien for,
any unpaid assessments against the grantor in excess of the
amount therein set forth. [1963 c 156 § 21.]
64.32.220
64.32.220 Insurance. The manager or board of directors, if required by the declaration, bylaws, or by a majority
of the apartment owners, or at the request of a mortgagee having a mortgage of record covering an apartment, shall obtain
insurance for the property against loss or damage by fire and
such other hazards under such terms and for such amounts as
shall be required or requested. Such insurance coverage shall
be written on the property in the name of the manager or of
the board of directors of the association of apartment owners,
as trustee for each of the apartment owners in the percentages
established in the declaration. Premiums shall be common
expenses. Provision for such insurance shall be without prejudice to the right of each apartment owner to insure his own
apartment and/or the personal contents thereof for his benefit.
[1963 c 156 § 22.]
64.32.230
64.32.230 Destruction or damage to all or part of
property—Disposition. If, within ninety days of the date of
damage or destruction to all or part of the property it is not
determined by the apartment owners to repair, reconstruct, or
rebuild in accordance with the original plan, or by a unanimous vote of all apartment owners to do otherwise, then and
in that event:
(1) The property shall be owned in common by the apartment owners;
(2) The undivided interest in the property owned in common which appertains to each apartment owner shall be the
percentage of undivided interest previously owned by such
owner in the common areas and facilities;
(3) Any mortgages or liens affecting any of the apartments shall be deemed transferred in accordance with the
existing priorities to the percentage of the undivided interest
of the apartment owner in the property as provided herein;
and
(2004 Ed.)
Condominium Act
(4) The property shall be subject to an action for partition
at the suit of any apartment owner, in which event the net proceeds of sale, together with the net proceeds of the insurance
of the property, if any, shall be considered as one fund; such
fund shall be divided into separate shares one for each apartment owner in a percentage equal to the percentage of undivided interest owned by each such owner in the property;
then, after first paying out of the respective share of each
apartment owner, to the extent sufficient for the purpose, all
mortgages and liens on the undivided interest in the property
owned by such apartment owner, the balance remaining in
each share shall then be distributed to each apartment owner
respectively. [1965 ex.s. c 11 § 7; 1963 c 156 § 23.]
64.32.240
64.32.240 Actions. Without limiting the rights of any
apartment owner, actions may be brought as provided by law
and by the rules of court by the manager or board of directors,
in either case in the discretion of the board of directors, on
behalf of two or more of the apartment owners, as their
respective interests may appear, with respect to any cause of
action relating to the common areas and facilities or more
than one apartment. Service of process on two or more apartment owners in any action relating to the common areas and
facilities or more than one apartment may be made on the
person designated in the declaration to receive service of process. Actions relating to the common areas and facilities for
damages arising out of tortious conduct shall be maintained
only against the association of apartment owners and any
judgment lien or other charge resulting therefrom shall be
deemed a common expense, which judgment lien or other
charge shall be removed from any apartment and its percentage of undivided interest in the common areas and facilities
upon payment by the respective owner of his proportionate
share thereof based on the percentage of undivided interest
owned by such apartment owner. [1963 c 156 § 24.]
64.32.250
64.32.250 Application of chapter, declaration and
bylaws. (1) All apartment owners, tenants of such owners,
employees of such owners and tenants, and any other person
that may in any manner use the property or any part thereof
submitted to the provisions of this chapter, shall be subject to
this chapter and to the declaration and bylaws of the association of apartment owners adopted pursuant to the provisions
of this chapter.
(2) All agreements, decisions and determinations made
by the association of apartment owners under the provisions
of this chapter, the declaration, or the bylaws and in accordance with the voting percentages established in this chapter,
the declaration, or the bylaws, shall be deemed to be binding
on all apartment owners. [1963 c 156 § 25.]
64.32.900
64.32.900 Short title. This chapter shall be known as
the horizontal property regimes act. [1963 c 156 § 26.]
64.32.910
64.32.910 Construction of term "this chapter." The
term "this chapter" means RCW 64.32.010 through
64.32.250 and 64.32.900 through 64.32.920, and as they may
hereafter be amended or supplemented by subsequent legislation. [1963 c 156 § 27.]
(2004 Ed.)
Chapter 64.34
64.32.920
64.32.920 Severability—1963 c 156. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provisions to other persons or circumstances is not affected. [1963 c 156 § 28.]
Chapter 64.34
Chapter 64.34 RCW
CONDOMINIUM ACT
Sections
ARTICLE 1
GENERAL PROVISIONS
64.34.005
64.34.010
64.34.020
64.34.030
64.34.040
64.34.050
64.34.060
64.34.070
64.34.080
64.34.090
64.34.100
Findings—Intent—2004 c 201.
Applicability.
Definitions.
Variation by agreement.
Separate interests—Taxation.
Local ordinances, regulations, and building codes—Applicability.
Condemnation.
Law applicable—General principles.
Contracts—Unconscionability.
Obligation of good faith.
Remedies liberally administered.
ARTICLE 2
CREATION, ALTERATION, AND
TERMINATION OF CONDOMINIUMS
64.34.200
64.34.202
64.34.204
64.34.208
64.34.212
64.34.216
64.34.220
64.34.224
64.34.228
64.34.232
64.34.236
64.34.240
64.34.244
64.34.248
64.34.252
64.34.256
64.34.260
64.34.264
64.34.268
64.34.272
64.34.276
64.34.278
64.34.280
Creation of condominium.
Reservation of condominium name.
Unit boundaries.
Declaration and bylaws—Construction and validity.
Description of units.
Contents of declaration.
Leasehold condominiums.
Common element interests, votes, and expenses—Allocation.
Limited common elements.
Survey maps and plans.
Development rights.
Alterations of units.
Relocation of boundaries—Adjoining units.
Subdivision of units.
Monuments as boundaries.
Use by declarant.
Easement rights—Common elements.
Amendment of declaration.
Termination of condominium.
Rights of secured lenders.
Master associations.
Delegation of power to subassociations.
Merger or consolidation.
ARTICLE 3
MANAGEMENT OF CONDOMINIUM
64.34.300
64.34.304
64.34.308
64.34.312
64.34.316
64.34.320
64.34.324
64.34.328
64.34.332
64.34.336
64.34.340
64.34.344
64.34.348
64.34.352
64.34.354
64.34.356
64.34.360
64.34.364
64.34.368
64.34.372
64.34.376
Unit owners' association—Organization.
Unit owners' association—Powers.
Board of directors and officers.
Control of association—Transfer.
Special declarant rights—Transfer.
Contracts and leases—Declarant—Termination.
Bylaws.
Upkeep of condominium.
Meetings.
Quorums.
Voting—Proxies.
Tort and contract liability.
Common elements—Conveyance—Encumbrance.
Insurance.
Insurance—Conveyance.
Surplus funds.
Common expenses—Assessments.
Lien for assessments.
Liens—General provisions.
Association records—Funds.
Association as trustee.
[Title 64 RCW—page 23]
64.34.005
Title 64 RCW: Real Property and Conveyances
ARTICLE 4
PROTECTION OF CONDOMINIUM PURCHASERS
64.34.400
64.34.405
64.34.410
64.34.415
64.34.417
64.34.418
64.34.420
64.34.425
64.34.430
64.34.435
64.34.440
64.34.443
64.34.445
64.34.450
64.34.452
64.34.455
64.34.460
64.34.465
Applicability—Waiver.
Public offering statement—Requirements—Liability.
Public offering statement—General provisions.
Public offering statement—Conversion condominiums.
Public offering statement—Use of single disclosure document.
Public offering statement—Contract of sale—Restriction on
interest conveyed.
Purchaser's right to cancel.
Resale of unit.
Escrow of deposits.
Release of liens—Conveyance.
Conversion condominiums—Notice—Tenants.
Express warranties of quality.
Implied warranties of quality—Breach.
Implied warranties of quality—Exclusion—Modification—
Disclaimer—Express written warranty.
Warranties of quality—Breach—Actions for construction
defect claims.
Effect of violations on rights of action—Attorney's fees.
Labeling of promotional material.
Improvements—Declarant's duties.
ARTICLE 5
MISCELLANEOUS
64.34.900
64.34.910
64.34.920
64.34.921
64.34.930
64.34.931
64.34.940
64.34.950
Short title.
Section captions.
Severability—1989 c 43.
Severability—2004 c 201.
Effective date—1989 c 43.
Effective date—2004 c 201 §§ 1-13.
Construction against implicit repeal.
Uniformity of application and construction.
Condominiums created prior to July 1, 1990: Chapter 64.32 RCW.
ARTICLE 1
GENERAL PROVISIONS
64.34.005 Findings—Intent—2004 c 201. (1) The legislature finds, declares, and determines that:
(a) Washington's cities and counties under the growth
management act are required to encourage urban growth in
urban growth areas at densities that accommodate twentyyear growth projections;
(b) The growth management act's planning goals include
encouraging the availability of affordable housing for all residents of the state and promoting a variety of housing types;
(c) Quality condominium construction needs to be
encouraged to achieve growth management act mandated
urban densities and to ensure that residents of the state, particularly in urban growth areas, have a broad range of ownership choices.
(2) It is the intent of the legislature that limited changes
be made to the condominium act to ensure that a broad range
of affordable homeownership opportunities continue to be
available to the residents of the state, and to assist cities' and
counties' efforts to achieve the density mandates of the
growth management act. [2004 c 201 § 1.]
64.34.005
64.34.010 Applicability. (1) This chapter applies to all
condominiums created within this state after July 1, 1990.
RCW 64.34.040 (separate titles and taxation), RCW
64.34.050 (applicability of local ordinances, regulations, and
building codes), RCW 64.34.060 (condemnation), RCW
64.34.208 (construction and validity of declaration and
bylaws), RCW 64.34.212 (description of units), RCW
64.34.304(1)(a) through (f) and (k) through (r) (powers of
unit owners' association), RCW 64.34.308(1) (board of direc64.34.010
[Title 64 RCW—page 24]
tors and officers), RCW 64.34.340 (voting—proxies), RCW
64.34.344 (tort and contract liability), RCW 64.34.354
(notification on sale of unit), RCW 64.34.360(3) (common
expenses— assessments), RCW 64.34.364 (lien for assessments), RCW 64.34.372 (association records), RCW
64.34.425 (resales of units), RCW 64.34.455 (effect of violation on rights of action; attorney's fees), and RCW 64.34.020
(definitions) to the extent necessary in construing any of
those sections, apply to all condominiums created in this state
before July 1, 1990; but those sections apply only with
respect to events and circumstances occurring after July 1,
1990, and do not invalidate or supersede existing, inconsistent provisions of the declaration, bylaws, or survey maps or
plans of those condominiums.
(2) The provisions of chapter 64.32 RCW do not apply to
condominiums created after July 1, 1990, and do not invalidate any amendment to the declaration, bylaws, and survey
maps and plans of any condominium created before July 1,
1990, if the amendment would be permitted by this chapter.
The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and
by chapter 64.32 RCW. If the amendment grants to any person any rights, powers, or privileges permitted by this chapter
which are not otherwise provided for in the declaration or
chapter 64.32 RCW, all correlative obligations, liabilities,
and restrictions in this chapter also apply to that person.
(3) This chapter does not apply to condominiums or units
located outside this state.
(4) RCW 64.34.400 (applicability—waiver), RCW
64.34.405 (liability for public offering statement requirements), RCW 64.34.410 (public offering statement—general
provisions), RCW 64.34.415 (public offering statement—
conversion condominiums), RCW 64.34.420 (purchaser's
right to cancel), RCW 64.34.430 (escrow of deposits), RCW
64.34.440 (conversion condominiums— notice— tenants),
and RCW 64.34.455 (effect of violations on rights of
action— attorney's fees) apply with respect to all sales of
units pursuant to purchase agreements entered into after July
1, 1990, in condominiums created before July 1, 1990, in
which as of July 1, 1990, the declarant or an affiliate of the
declarant owns or had the right to create at least ten units constituting at least twenty percent of the units in the condominium. [1993 c 429 § 12; 1992 c 220 § 1; 1989 c 43 § 1-102.]
64.34.020
64.34.020 Definitions. In the declaration and bylaws,
unless specifically provided otherwise or the context requires
otherwise, and in this chapter:
(1) "Affiliate" means any person who controls, is controlled by, or is under common control with the referenced
person. A person "controls" another person if the person: (a)
Is a general partner, officer, director, or employer of the referenced person; (b) directly or indirectly or acting in concert
with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds
proxies representing, more than twenty percent of the voting
interest in the referenced person; (c) controls in any manner
the election of a majority of the directors of the referenced
person; or (d) has contributed more than twenty percent of the
capital of the referenced person. A person "is controlled by"
another person if the other person: (i) Is a general partner,
officer, director, or employer of the person; (ii) directly or
(2004 Ed.)
Condominium Act
indirectly or acting in concert with one or more other persons,
or through one or more subsidiaries, owns, controls, holds
with power to vote, or holds proxies representing, more than
twenty percent of the voting interest in the person; (iii) controls in any manner the election of a majority of the directors
of the person; or (iv) has contributed more than twenty percent of the capital of the person. Control does not exist if the
powers described in this subsection are held solely as security
for an obligation and are not exercised.
(2) "Allocated interests" means the undivided interest in
the common elements, the common expense liability, and
votes in the association allocated to each unit.
(3) "Assessment" means all sums chargeable by the association against a unit including, without limitation: (a) Regular and special assessments for common expenses, charges,
and fines imposed by the association; (b) interest and late
charges on any delinquent account; and (c) costs of collection, including reasonable attorneys' fees, incurred by the
association in connection with the collection of a delinquent
owner's account.
(4) "Association" or "unit owners' association" means
the unit owners' association organized under RCW
64.34.300.
(5) "Board of directors" means the body, regardless of
name, with primary authority to manage the affairs of the
association.
(6) "Common elements" means all portions of a condominium other than the units.
(7) "Common expenses" means expenditures made by or
financial liabilities of the association, together with any allocations to reserves.
(8) "Common expense liability" means the liability for
common expenses allocated to each unit pursuant to RCW
64.34.224.
(9) "Condominium" means real property, portions of
which are designated for separate ownership and the remainder of which is designated for common ownership solely by
the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration
and a survey map and plans have been recorded pursuant to
this chapter.
(10) "Conversion condominium" means a condominium
(a) that at any time before creation of the condominium was
lawfully occupied wholly or partially by a tenant or subtenant
for residential purposes pursuant to a rental agreement, oral
or written, express or implied, for which the tenant or subtenant had not received the notice described in (b) of this subsection; or (b) that, at any time within twelve months before
the conveyance of, or acceptance of an agreement to convey,
any unit therein other than to a declarant or any affiliate of a
declarant, was lawfully occupied wholly or partially by a residential tenant of a declarant or an affiliate of a declarant and
such tenant was not notified in writing, prior to lawfully
occupying a unit or executing a rental agreement, whichever
event first occurs, that the unit was part of a condominium
and subject to sale. "Conversion condominium" shall not
include a condominium in which, before July 1, 1990, any
unit therein had been conveyed or been made subject to an
agreement to convey to any transferee other than a declarant
or an affiliate of a declarant.
(2004 Ed.)
64.34.020
(11) "Conveyance" means any transfer of the ownership
of a unit, including a transfer by deed or by real estate contract and, with respect to a unit in a leasehold condominium,
a transfer by lease or assignment thereof, but shall not include
a transfer solely for security.
(12) "Dealer" means a person who, together with such
person's affiliates, owns or has a right to acquire either six or
more units in a condominium or fifty percent or more of the
units in a condominium containing more than two units.
(13) "Declarant" means:
(a) Any person who executes as declarant a declaration
as defined in subsection (15) of this section; or
(b) Any person who reserves any special declarant right
in the declaration; or
(c) Any person who exercises special declarant rights or
to whom special declarant rights are transferred; or
(d) Any person who is the owner of a fee interest in the
real property which is subjected to the declaration at the time
of the recording of an instrument pursuant to RCW 64.34.316
and who directly or through one or more affiliates is materially involved in the construction, marketing, or sale of units
in the condominium created by the recording of the instrument.
(14) "Declarant control" means the right of the declarant
or persons designated by the declarant to appoint and remove
officers and members of the board of directors, or to veto or
approve a proposed action of the board or association, pursuant to RCW 64.34.308 (4) or (5).
(15) "Declaration" means the document, however
denominated, that creates a condominium by setting forth the
information required by RCW 64.34.216 and any amendments to that document.
(16) "Development rights" means any right or combination of rights reserved by a declarant in the declaration to: (a)
Add real property or improvements to a condominium; (b)
create units, common elements, or limited common elements
within real property included or added to a condominium; (c)
subdivide units or convert units into common elements; (d)
withdraw real property from a condominium; or (e) reallocate
limited common elements with respect to units that have not
been conveyed by the declarant.
(17) "Dispose" or "disposition" means a voluntary transfer or conveyance to a purchaser or lessee of any legal or
equitable interest in a unit, but does not include the transfer or
release of a security interest.
(18) "Eligible mortgagee" means the holder of a mortgage on a unit that has filed with the secretary of the association a written request that it be given copies of notices of any
action by the association that requires the consent of mortgagees.
(19) "Foreclosure" means a forfeiture or judicial or nonjudicial foreclosure of a mortgage or a deed in lieu thereof.
(20) "Identifying number" means the designation of each
unit in a condominium.
(21) "Leasehold condominium" means a condominium
in which all or a portion of the real property is subject to a
lease, the expiration or termination of which will terminate
the condominium or reduce its size.
(22) "Limited common element" means a portion of the
common elements allocated by the declaration or by opera[Title 64 RCW—page 25]
64.34.030
Title 64 RCW: Real Property and Conveyances
tion of RCW 64.34.204 (2) or (4) for the exclusive use of one
or more but fewer than all of the units.
(23) "Master association" means an organization
described in RCW 64.34.276, whether or not it is also an
association described in RCW 64.34.300.
(24) "Mortgage" means a mortgage, deed of trust or real
estate contract.
(25) "Person" means a natural person, corporation, partnership, limited partnership, trust, governmental subdivision
or agency, or other legal entity.
(26) "Purchaser" means any person, other than a
declarant or a dealer, who by means of a disposition acquires
a legal or equitable interest in a unit other than (a) a leasehold
interest, including renewal options, of less than twenty years
at the time of creation of the unit, or (b) as security for an
obligation.
(27) "Real property" means any fee, leasehold or other
estate or interest in, over, or under land, including structures,
fixtures, and other improvements thereon and easements,
rights and interests appurtenant thereto which by custom,
usage, or law pass with a conveyance of land although not
described in the contract of sale or instrument of conveyance.
"Real property" includes parcels, with or without upper or
lower boundaries, and spaces that may be filled with air or
water.
(28) "Residential purposes" means use for dwelling or
recreational purposes, or both.
(29) "Special declarant rights" means rights reserved for
the benefit of a declarant to: (a) Complete improvements
indicated on survey maps and plans filed with the declaration
under RCW 64.34.232; (b) exercise any development right
under RCW 64.34.236; (c) maintain sales offices, management offices, signs advertising the condominium, and models
under RCW 64.34.256; (d) use easements through the common elements for the purpose of making improvements
within the condominium or within real property which may
be added to the condominium under RCW 64.34.260; (e)
make the condominium part of a larger condominium or a
development under RCW 64.34.280; (f) make the condominium subject to a master association under RCW 64.34.276; or
(g) appoint or remove any officer of the association or any
master association or any member of the board of directors,
or to veto or approve a proposed action of the board or association, during any period of declarant control under RCW
64.34.308(4).
(30) "Timeshare" shall have the meaning specified in the
timeshare act, RCW 64.36.010(11).
(31) "Unit" means a physical portion of the condominium designated for separate ownership, the boundaries of
which are described pursuant to RCW 64.34.216(1)(d).
"Separate ownership" includes leasing a unit in a leasehold
condominium under a lease that expires contemporaneously
with any lease, the expiration or termination of which will
remove the unit from the condominium.
(32) "Unit owner" means a declarant or other person who
owns a unit or leases a unit in a leasehold condominium
under a lease that expires simultaneously with any lease, the
expiration or termination of which will remove the unit from
the condominium, but does not include a person who has an
interest in a unit solely as security for an obligation. "Unit
owner" means the vendee, not the vendor, of a unit under a
[Title 64 RCW—page 26]
real estate contract. [2004 c 201 § 9; 1992 c 220 § 2; 1990 c
166 § 1; 1989 c 43 § 1-103.]
Effective date—1990 c 166: "This act shall take effect July 1, 1990."
[1990 c 166 § 16.]
64.34.030
64.34.030 Variation by agreement. Except as
expressly provided in this chapter, provisions of this chapter
may not be varied by agreement, and rights conferred by this
chapter may not be waived. A declarant may not act under a
power of attorney or use any other device to evade the limitations or prohibitions of this chapter or the declaration. [1989
c 43 § 1-104.]
64.34.040
64.34.040 Separate interests—Taxation. (1) If there
is any unit owner other than a declarant, each unit that has
been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real
property.
(2) If there is any unit owner other than a declarant, each
unit together with its interest in the common elements must
be separately taxed and assessed.
(3) If a development right has an ascertainable market
value, the development right shall constitute a separate parcel
of real property for property tax purposes and must be separately taxed and assessed to the declarant.
(4) If there is no unit owner other than a declarant, the
real property comprising the condominium may be taxed and
assessed in any manner provided by law. [1992 c 220 § 3;
1989 c 43 § 1-105.]
64.34.050
64.34.050 Local ordinances, regulations, and building codes—Applicability. (1) A zoning, subdivision, building code, or other real property law, ordinance, or regulation
may not prohibit the condominium form of ownership or
impose any requirement upon a condominium which it would
not impose upon a physically identical development under a
different form of ownership. Otherwise, no provision of this
chapter invalidates or modifies any provision of any zoning,
subdivision, building code, or other real property use law,
ordinance, or regulation.
(2) This section shall not prohibit a county legislative
authority from requiring the review and approval of declarations and amendments thereto and termination agreements
executed pursuant to RCW 64.34.268(2) by the county assessor solely for the purpose of allocating the assessed value and
property taxes. The review by the assessor shall be done in a
reasonable and timely manner. [1989 c 43 § 1-106.]
64.34.060
64.34.060 Condemnation. (1) If a unit is acquired by
condemnation, or if part of a unit is acquired by condemnation leaving the unit owner with a remnant of a unit which
may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the
unit owner for the owner's unit and its appurtenant interest in
the common elements, whether or not any common elements
are acquired. Upon acquisition, unless the decree otherwise
provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective
allocated interests of those units before the taking, and the
association shall promptly prepare, execute, and record an
(2004 Ed.)
Condominium Act
amendment to the declaration reflecting the reallocations.
Any remnant of a unit remaining after part of a unit is taken
under this subsection is thereafter a common element.
(2) Except as provided in subsection (1) of this section, if
part of a unit is acquired by condemnation, the award must
compensate the unit owner for the reduction in value of the
unit and its appurtenant interest in the common elements,
whether or not any common elements are acquired. Upon
acquisition, unless the decree otherwise provides: (a) That
unit's allocated interests are reduced in proportion to the
reduction in the size of the unit, or on any other basis specified in the declaration; and (b) the portion of the allocated
interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in
proportion to the respective allocated interests of those units
before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated
interests.
(3) If part of the common elements is acquired by condemnation the portion of the award attributable to the common elements taken shall be paid to the owners based on their
respective interests in the common elements unless the declaration provides otherwise. Unless the declaration provides
otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided
among the owners of the units to which that limited common
element was allocated at the time of acquisition.
(4) The court judgment shall be recorded in every county
in which any portion of the condominium is located.
(5) Should the association not act, based on a right
reserved to the association in the declaration, on the owners'
behalf in a condemnation process, the affected owners may
individually or jointly act on their own behalf. [1989 c 43 §
1-107.]
64.34.200
interests by reason of physical or mental infirmity, illiteracy,
or inability to understand the language of the agreement or
similar factors;
(c) The effect and purpose of the contract or clause; and
(d) If a sale, any gross disparity at the time of contracting
between the amount charged for the real property and the
value of the real property measured by the price at which similar real property was readily obtainable in similar transactions, but a disparity between the contract price and the value
of the real property measured by the price at which similar
real property was readily obtainable in similar transactions
does not, of itself, render the contract unconscionable. [1989
c 43 § 1-111.]
64.34.090
64.34.090 Obligation of good faith. Every contract or
duty governed by this chapter imposes an obligation of good
faith in its performance or enforcement. [1989 c 43 § 1-112.]
64.34.100
64.34.100 Remedies liberally administered. (1) The
remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a
position as if the other party had fully performed. However,
consequential, special, or punitive damages may not be
awarded except as specifically provided in this chapter or by
other rule of law.
(2) Except as otherwise provided in chapter 64.35 RCW,
any right or obligation declared by this chapter is enforceable
by judicial proceeding. [2004 c 201 § 2; 1989 c 43 § 1-113.]
ARTICLE 2
CREATION, ALTERATION, AND
TERMINATION OF CONDOMINIUMS
64.34.200
64.34.070
64.34.070 Law applicable—General principles. The
principles of law and equity, including the law of corporations and unincorporated associations, the law of real property, and the law relative to capacity to contract, principal and
agent, condemnation, estoppel, fraud, misrepresentation,
duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement
the provisions of this chapter, except to the extent inconsistent with this chapter. [1989 c 43 § 1-108.]
64.34.080
64.34.080 Contracts—Unconscionability. (1) The
court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was
made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit
the application of any unconscionable clause in order to
avoid an unconscionable result.
(2) Whenever it is claimed, or appears to the court, that a
contract or any contract clause is or may be unconscionable,
the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present
evidence as to:
(a) The commercial setting of the negotiations;
(b) Whether a party has knowingly taken advantage of
the inability of the other party reasonably to protect his or her
(2004 Ed.)
64.34.200 Creation of condominium. (1) A condominium may be created pursuant to this chapter only by
recording a declaration executed by the owner of the interest
subject to this chapter in the same manner as a deed and by
simultaneously recording a survey map and plans pursuant to
RCW 64.34.232. The declaration and survey map and plans
must be recorded in every county in which any portion of the
condominium is located, and the condominium shall not have
the same name as any other existing condominium, whether
created under this chapter or under chapter 64.32 RCW, in
any county in which the condominium is located.
(2) A declaration or an amendment to a declaration adding units to a condominium may not be recorded unless (a) all
structural components and mechanical systems of all buildings containing or comprising any units thereby created are
substantially completed as evidenced by a recorded certificate of completion executed by the declarant which certificate may be included in the declaration or the amendment,
the survey map and plans to be recorded pursuant to RCW
64.34.232, or a separately recorded written instrument, and
(b) all horizontal and vertical boundaries of such units are
substantially completed in accordance with the plans required
to be recorded by RCW 64.34.232, as evidenced by a
recorded certificate of completion executed by a licensed surveyor. [1992 c 220 § 4; 1990 c 166 § 2; 1989 c 43 § 2-101.]
Effective date—1990 c 166: See note following RCW 64.34.020.
[Title 64 RCW—page 27]
64.34.202
Title 64 RCW: Real Property and Conveyances
64.34.202 Reservation of condominium name. Upon
the filing of a written request with the county office in which
the declaration is to be recorded, using such form of written
request as may be required by the county office and paying
such fee as the county office may establish not in excess of
fifty dollars, a person may reserve the exclusive right to use a
particular name for a condominium to be created in that
county. The name being reserved shall not be identical to any
other condominium or subdivision plat located in that county,
and such name reservation shall automatically lapse unless
within three hundred sixty-five days from the date on which
the name reservation is filed the person reserving that name
either records a declaration using the reserved name or files a
new name reservation request. [1992 c 220 § 5.]
64.34.202
64.34.204 Unit boundaries. Except as provided by the
declaration:
(1) The walls, floors, or ceilings are the boundaries of a
unit, and all lath, furring, wallboard, plasterboard, plaster,
paneling, tiles, wallpaper, paint, finished flooring, and any
other materials constituting any part of the finished surfaces
thereof are a part of the unit, and all other portions of the
walls, floors, or ceilings are a part of the common elements.
(2) If any chute, flue, duct, wire, conduit, bearing wall,
bearing column, or any other fixture lies partially within and
partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof
serving more than one unit or any portion of the common elements is a part of the common elements.
(3) Subject to the provisions of subsection (2) of this section, all spaces, interior partitions, and other fixtures and
improvements within the boundaries of a unit are a part of the
unit.
(4) Any shutters, awnings, window boxes, doorsteps,
stoops, porches, balconies, patios, and all exterior doors and
windows or other fixtures designed to serve a single unit, but
which are located outside the unit's boundaries, are limited
common elements allocated exclusively to that unit. [1992 c
220 § 6; 1989 c 43 § 2-102.]
64.34.204
64.34.208 Declaration and bylaws—Construction
and validity. (1) All provisions of the declaration and
bylaws are severable.
(2) The rule against perpetuities may not be applied to
defeat any provision of the declaration, bylaws, rules, or regulations adopted pursuant to RCW 64.34.304(1)(a).
(3) In the event of a conflict between the provisions of
the declaration and the bylaws, the declaration prevails
except to the extent the declaration is inconsistent with this
chapter.
(4) The creation of a condominium shall not be impaired
and title to a unit and common elements shall not be rendered
unmarketable or otherwise affected by reason of an insignificant failure of the declaration or survey map and plans or any
amendment thereto to comply with this chapter. Whether a
significant failure impairs marketability shall not be determined by this chapter. [1989 c 43 § 2-103.]
64.34.208
64.34.212 Description of units. A description of a unit
which sets forth the name of the condominium, the recording
64.34.212
[Title 64 RCW—page 28]
number for the declaration, the county in which the condominium is located, and the identifying number of the unit is a
sufficient legal description of that unit and all rights, obligations, and interests appurtenant to that unit which were created by the declaration or bylaws. [1989 c 43 § 2-104.]
64.34.216 Contents of declaration. (1) The declaration
for a condominium must contain:
(a) The name of the condominium, which must include
the word "condominium" or be followed by the words "a condominium," and the name of the association;
(b) A legal description of the real property included in
the condominium;
(c) A statement of the number of units which the
declarant has created and, if the declarant has reserved the
right to create additional units, the number of such additional
units;
(d) The identifying number of each unit created by the
declaration and a description of the boundaries of each unit if
and to the extent they are different from the boundaries stated
in RCW 64.34.204(1);
(e) With respect to each existing unit:
(i) The approximate square footage;
(ii) The number of bathrooms, whole or partial;
(iii) The number of rooms designated primarily as bedrooms;
(iv) The number of built-in fireplaces; and
(v) The level or levels on which each unit is located.
The data described in (ii), (iii), and (iv) of this subsection
(1)(e) may be omitted with respect to units restricted to nonresidential use;
(f) The number of parking spaces and whether covered,
uncovered, or enclosed;
(g) The number of moorage slips, if any;
(h) A description of any limited common elements, other
than those specified in RCW 64.34.204 (2) and (4), as provided in RCW 64.34.232(2)(j);
(i) A description of any real property which may be allocated subsequently by the declarant as limited common elements, other than limited common elements specified in
RCW 64.34.204 (2) and (4), together with a statement that
they may be so allocated;
(j) A description of any development rights and other
special declarant rights under RCW 64.34.020(29) reserved
by the declarant, together with a description of the real property to which the development rights apply, and a time limit
within which each of those rights must be exercised;
(k) If any development right may be exercised with
respect to different parcels of real property at different times,
a statement to that effect together with: (i) Either a statement
fixing the boundaries of those portions and regulating the
order in which those portions may be subjected to the exercise of each development right, or a statement that no assurances are made in those regards; and (ii) a statement as to
whether, if any development right is exercised in any portion
of the real property subject to that development right, that
development right must be exercised in all or in any other
portion of the remainder of that real property;
(l) Any other conditions or limitations under which the
rights described in (j) of this subsection may be exercised or
will lapse;
64.34.216
(2004 Ed.)
Condominium Act
(m) An allocation to each unit of the allocated interests
in the manner described in RCW 64.34.224;
(n) Any restrictions in the declaration on use, occupancy,
or alienation of the units;
(o) A cross-reference by recording number to the survey
map and plans for the units created by the declaration; and
(p) All matters required or permitted by RCW 64.34.220
through 64.34.232, 64.34.256, 64.34.260, 64.34.276, and
64.34.308(4).
(2) All amendments to the declaration shall contain a
cross-reference by recording number to the declaration and to
any prior amendments thereto. All amendments to the declaration adding units shall contain a cross-reference by recording number to the survey map and plans relating to the added
units and set forth all information required by RCW
64.34.216(1) with respect to the added units.
(3) The declaration may contain any other matters the
declarant deems appropriate. [1992 c 220 § 7; 1989 c 43 § 2105.]
64.34.220 Leasehold condominiums. (1) Any lease,
the expiration or termination of which may terminate the condominium or reduce its size, or a memorandum thereof, shall
be recorded. Every lessor of those leases must sign the declaration, and the declaration shall state:
(a) The recording number of the lease or a statement of
where the complete lease may be inspected;
(b) The date on which the lease is scheduled to expire;
(c) A legal description of the real property subject to the
lease;
(d) Any right of the unit owners to redeem the reversion
and the manner whereby those rights may be exercised, or a
statement that they do not have those rights;
(e) Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those
rights; and
(f) Any rights of the unit owners to renew the lease and
the conditions of any renewal, or a statement that they do not
have those rights.
(2) The declaration may provide for the collection by the
association of the proportionate rents paid on the lease by the
unit owners and may designate the association as the representative of the unit owners on all matters relating to the
lease.
(3) If the declaration does not provide for the collection
of rents by the association, the lessor may not terminate the
interest of a unit owner who makes timely payment of the
owner's share of the rent and otherwise complies with all covenants other than the payment of rent which, if violated,
would entitle the lessor to terminate the lease.
(4) Acquisition of the leasehold interest of any unit
owner by the owner of the reversion or remainder does not
merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or
remainder are acquired and the owner thereof records a document confirming the merger.
(5) If the expiration or termination of a lease decreases
the number of units in a condominium, the allocated interests
shall be reallocated in accordance with RCW 64.34.060(1) as
though those units had been taken by condemnation. Reallo64.34.220
(2004 Ed.)
64.34.228
cations shall be confirmed by an amendment to the declaration and survey map and plans prepared, executed, and
recorded by the association. [1989 c 43 § 2-106.]
64.34.224
64.34.224 Common element interests, votes, and
expenses—Allocation. (1) The declaration shall allocate a
fraction or percentage of undivided interests in the common
elements and in the common expenses of the association, and
a portion of the votes in the association, to each unit and state
the formulas or methods used to establish those allocations.
Those allocations may not discriminate in favor of units
owned by the declarant or an affiliate of the declarant.
(2) If units may be added to or withdrawn from the condominium, the declaration shall state the formulas or methods
to be used to reallocate the allocated interests among all units
included in the condominium after the addition or withdrawal.
(3) The declaration may provide: (a) For cumulative
voting only for the purpose of electing members of the board
of directors; and (b) for class voting on specified issues
affecting the class if necessary to protect valid interests of the
class. A declarant may not utilize cumulative or class voting
for the purpose of evading any limitation imposed on
declarants by this chapter, nor may units constitute a class
because they are owned by a declarant.
(4) Except for minor variations due to rounding, the sum
of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units
must each equal one if stated as fractions or one hundred percent if stated as percentages. In the event of discrepancy
between an allocated interest and the result derived from
application of the pertinent formula, the allocated interest
prevails.
(5) Except where permitted by other sections of this
chapter, the common elements are not subject to partition,
and any purported conveyance, encumbrance, judicial sale,
or other voluntary or involuntary transfer of an undivided
interest in the common elements made without the unit to
which that interest is allocated is void. [1992 c 220 § 8; 1989
c 43 § 2-107.]
64.34.228
64.34.228 Limited common elements. (1) Except for
the limited common elements described in RCW 64.34.204
(2) and (4), the declaration shall specify to which unit or units
each limited common element is allocated.
(2) Except in the case of a reallocation being made by a
declarant pursuant to a development right reserved in the declaration, a limited common element may only be reallocated
between units with the approval of the board of directors and
by an amendment to the declaration executed by the owners
of the units to which the limited common element was and
will be allocated. The board of directors shall approve the
request of the owner or owners under this subsection within
thirty days, or within such other period provided by the declaration, unless the proposed reallocation does not comply
with this chapter or the declaration. The failure of the board
of directors to act upon a request within such period shall be
deemed approval thereof. The amendment shall be recorded
in the names of the parties and of the condominium.
[Title 64 RCW—page 29]
64.34.232
Title 64 RCW: Real Property and Conveyances
(3) Unless otherwise provided in the declaration, the
owners of units to which at least sixty-seven percent of the
votes are allocated, including the owner of the unit to which
the limited common element will be assigned or incorporated, must agree to reallocate a common element as a limited
common element or to incorporate a common element or a
limited common element into an existing unit. Such reallocation or incorporation shall be reflected in an amendment to
the declaration, survey map, or plans. [1992 c 220 § 9; 1989
c 43 § 2-108.]
64.34.232 Survey maps and plans. (1) A survey map
and plans executed by the declarant shall be recorded simultaneously with, and contain cross-references by recording
number to, the declaration and any amendments. The survey
map and plans must be clear and legible and contain a certification by the person making the survey or the plans that all
information required by this section is supplied. All plans
filed shall be in such style, size, form and quality as shall be
prescribed by the recording authority of the county where
filed, and a copy shall be delivered to the county assessor.
(2) Each survey map shall show or state:
(a) The name of the condominium and a legal description
and a survey of the land in the condominium and of any land
that may be added to the condominium;
(b) The boundaries of all land not subject to development
rights, or subject only to the development right to withdraw,
and the location and dimensions of all existing buildings containing units on that land;
(c) The boundaries of any land subject to development
rights, labeled "SUBJECT TO DEVELOPMENT RIGHTS
SET FORTH IN THE DECLARATION"; any land that may
be added to the condominium shall also be labeled "MAY BE
ADDED TO THE CONDOMINIUM"; any land that may be
withdrawn from the condominium shall also be labeled
"MAY BE WITHDRAWN FROM THE CONDOMINIUM";
(d) The extent of any encroachments by or upon any portion of the condominium;
(e) To the extent feasible, the location and dimensions of
all recorded easements serving or burdening any portion of
the condominium and any unrecorded easements of which a
surveyor knows or reasonably should have known, based on
standard industry practices, while conducting the survey;
(f) Subject to the provisions of subsection (8) of this section, the location and dimensions of any vertical unit boundaries not shown or projected on plans recorded under subsection (4) of this section and that unit's identifying number;
(g) The location with reference to an established datum
of any horizontal unit boundaries not shown or projected on
plans recorded under subsection (4) of this section and that
unit's identifying number;
(h) The location and dimensions of any real property in
which the unit owners will own only an estate for years,
labeled as "leasehold real property";
(i) The distance between any noncontiguous parcels of
real property comprising the condominium;
(j) The general location of any existing principal common amenities listed in a public offering statement under
RCW 64.34.410(1)(j) and any limited common elements,
including limited common element porches, balconies,
patios, parking spaces, and storage facilities, but not includ64.34.232
[Title 64 RCW—page 30]
ing the other limited common elements described in RCW
64.34.204 (2) and (4);
(k) In the case of real property not subject to development rights, all other matters customarily shown on land surveys.
(3) A survey map may also show the intended location
and dimensions of any contemplated improvement to be constructed anywhere within the condominium. Any contemplated improvement shown must be labeled either "MUST
BE BUILT" or "NEED NOT BE BUILT."
(4) To the extent not shown or projected on the survey
map, plans of the existing units must show or project:
(a) Subject to the provisions of subsection (8) of this section, the location and dimensions of the vertical boundaries of
each unit, and that unit's identifying number;
(b) Any horizontal unit boundaries, with reference to an
established datum, and that unit's identifying number; and
(c) Any units in which the declarant has reserved the
right to create additional units or common elements under
RCW 64.34.236(3), identified appropriately.
(5) Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside of a building have the same elevation as the horizontal boundaries of
the inside part and in such case need not be depicted on the
survey map and plans.
(6) Upon exercising any development right, the declarant
shall record either a new survey map and plans necessary to
conform to the requirements of subsections (1), (2), and (3) of
this section or new certifications of a survey map and plans
previously recorded if the documents otherwise conform to
the requirements of those subsections.
(7) Any survey map, plan, or certification required by
this section shall be made by a licensed surveyor.
(8) In showing or projecting the location and dimensions
of the vertical boundaries of a unit under subsections (2)(f)
and (4)(a) of this section, it is not necessary to show the thickness of the walls constituting the vertical boundaries or otherwise show the distance of those vertical boundaries either
from the exterior surface of the building containing that unit
or from adjacent vertical boundaries of other units if: (a) The
walls are designated to be the vertical boundaries of that unit;
(b) the unit is located within a building, the location and
dimensions of the building having been shown on the survey
map under subsection (2)(b) of this section; and (c) the
graphic general location of the vertical boundaries are shown
in relation to the exterior surfaces of that building and to the
vertical boundaries of other units within that building. [1997
c 400 § 2; 1992 c 220 § 10; 1989 c 43 § 2-109.]
64.34.236 Development rights. (1) To exercise any
development right reserved under RCW 64.34.216(1)(j), the
declarant shall prepare, execute, and record an amendment to
the declaration under RCW 64.34.264, and comply with
RCW 64.34.232. The declarant is the unit owner of any units
thereby created. The amendment to the declaration shall
assign an identifying number to each new unit created, and,
except in the case of subdivision or conversion of units
described in subsection (2) of this section, reallocate the allocated interests among all units. The amendment must
describe any common elements and any limited common elements thereby created and, in the case of limited common
64.34.236
(2004 Ed.)
Condominium Act
elements, designate the unit to which each is allocated to the
extent required by RCW 64.34.228.
(2) Development rights may be reserved within any real
property added to the condominium if the amendment adding
that real property includes all matters required by RCW
64.34.216 or 64.34.220, as the case may be, and the survey
map and plans include all matters required by RCW
64.34.232. This provision does not extend the time limit on
the exercise of development rights imposed by the declaration pursuant to RCW 64.34.216(1)(j).
(3) Whenever a declarant exercises a development right
to subdivide or convert a unit previously created into additional units, common elements, or both:
(a) If the declarant converts the unit entirely to common
elements, the amendment to the declaration must reallocate
all the allocated interests of that unit among the other units as
if that unit had been taken by condemnation under RCW
64.34.060.
(b) If the declarant subdivides the unit into two or more
units, whether or not any part of the unit is converted into
common elements, the amendment to the declaration must
reallocate all the allocated interests of the unit among the
units created by the subdivision in any reasonable and equitable manner prescribed by the declarant.
(4) If the declaration provides, pursuant to RCW
64.34.216(1)(j), that all or a portion of the real property is
subject to the development right of withdrawal:
(a) If all the real property is subject to withdrawal, and
the declaration or survey map or amendment thereto does not
describe separate portions of real property subject to that
right, none of the real property may be withdrawn if a unit in
that portion of the real property is owned by a person other
than the declarant; and
(b) If a portion or portions are subject to withdrawal as
described in the declaration or in the survey map or in any
amendment thereto, no portion may be withdrawn if a unit in
that portion of the real property is owned by a person other
than the declarant. [1989 c 43 § 2-110.]
64.34.240 Alterations of units. Subject to the provisions of the declaration and other provisions of law, a unit
owner:
(1) May make any improvements or alterations to the
owner's unit that do not affect the structural integrity or
mechanical or electrical systems or lessen the support of any
portion of the condominium;
(2) May not change the appearance of the common elements or the exterior appearance of a unit without permission
of the association;
(3) After acquiring an adjoining unit or an adjoining part
of an adjoining unit may, with approval of the board of directors, remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not adversely affect the structural integrity or mechanical or electrical systems or lessen
the support of any portion of the condominium. Removal of
partitions or creation of apertures under this subsection is not
a relocation of boundaries. The board of directors shall
approve a unit owner's request, which request shall include
the plans and specifications for the proposed removal or
alteration, under this subsection within thirty days, or within
64.34.240
(2004 Ed.)
64.34.256
such other period provided by the declaration, unless the proposed alteration does not comply with this chapter or the declaration or impairs the structural integrity or mechanical or
electrical systems in the condominium. The failure of the
board of directors to act upon a request within such period
shall be deemed approval thereof. [1989 c 43 § 2-111.]
64.34.244
64.34.244 Relocation of boundaries—Adjoining
units. (1) Subject to the provisions of the declaration and
other provisions of law, the boundaries between adjoining
units may only be relocated by an amendment to the declaration upon application to the association by the owners of
those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations.
Unless the board of directors determines within thirty days,
or such other period provided in the declaration, that the reallocations are unreasonable, the association shall prepare an
amendment that identifies the units involved, states the reallocations, is executed by those unit owners, contains words of
conveyance between them, and is recorded in the name of the
grantor and the grantee.
(2) The association shall obtain and record survey maps
or plans complying with the requirements of RCW
64.34.232(4) necessary to show the altered boundaries
between adjoining units and their dimensions and identifying
numbers. [1989 c 43 § 2-112.]
64.34.248
64.34.248 Subdivision of units. (1) If the declaration
permits, a unit may be subdivided into two or more units.
Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a
unit, the association shall prepare, execute, and record an
amendment to the declaration, including survey maps and
plans, subdividing that unit.
(2) The amendment to the declaration must be executed
by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated
interests formerly allocated to the subdivided unit to the new
units in any reasonable and equitable manner prescribed by
the owner of the subdivided unit. [1989 c 43 § 2-113.]
64.34.252
64.34.252 Monuments as boundaries. The physical
boundaries of a unit constructed in substantial accordance
with the original survey map and set of plans thereof become
its boundaries rather than the metes and bounds expressed in
the survey map or plans, regardless of settling or lateral
movement of the building or minor variance between boundaries shown on the survey map or plans and those of the
building. This section does not relieve a declarant or any
other person of liability for failure to adhere to the survey
map and plans. [1989 c 43 § 2-114.]
64.34.256
64.34.256 Use by declarant. A declarant may maintain
sales offices, management offices, and models in units or on
common elements in the condominium only if the declaration
so provides and specifies the rights of a declarant with regard
to the number, location, and relocation thereof. Any sales
office, management office, or model not designated a unit by
the declaration is a common element and, if a declarant
[Title 64 RCW—page 31]
64.34.260
Title 64 RCW: Real Property and Conveyances
ceases to be a unit owner, the declarant ceases to have any
rights with regard thereto unless it is removed promptly from
the condominium in accordance with a right to remove
reserved in the declaration. Subject to any limitations in the
declaration, a declarant may maintain signs on the common
elements advertising the condominium. The provisions of
this section are subject to the provisions of other state law and
to local ordinances. [1992 c 220 § 11; 1989 c 43 § 2-115.]
64.34.260
64.34.260 Easement rights—Common elements.
Subject to the provisions of the declaration, a declarant has an
easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's
obligations or exercising special declarant rights, whether
arising under this chapter or reserved in the declaration.
[1989 c 43 § 2-116.]
64.34.264
64.34.264 Amendment of declaration. (1) Except in
cases of amendments that may be executed by a declarant
under RCW 64.34.232(6) or 64.34.236; the association under
RCW 64.34.060, 64.34.220(5), 64.34.228(3), 64.34.244(1),
64.34.248, or 64.34.268(8); or certain unit owners under
RCW 64.34.228(2), 64.34.244(1), 64.34.248(2), or
64.34.268(2), and except as limited by subsection (4) of this
section, the declaration, including the survey maps and plans,
may be amended only by vote or agreement of unit owners of
units to which at least sixty-seven percent of the votes in the
association are allocated, or any larger percentage the declaration specifies: PROVIDED, That the declaration may specify a smaller percentage only if all of the units are restricted
exclusively to nonresidential use.
(2) No action to challenge the validity of an amendment
adopted by the association pursuant to this section may be
brought more than one year after the amendment is recorded.
(3) Every amendment to the declaration must be
recorded in every county in which any portion of the condominium is located, and is effective only upon recording. An
amendment shall be indexed in the name of the condominium
and shall contain a cross-reference by recording number to
the declaration and each previously recorded amendment
thereto.
(4) Except to the extent expressly permitted or required
by other provisions of this chapter, no amendment may create
or increase special declarant rights, increase the number of
units, change the boundaries of any unit, the allocated interests of a unit, or the uses to which any unit is restricted, in the
absence of the vote or agreement of the owner of each unit
particularly affected and the owners of units to which at least
ninety percent of the votes in the association are allocated
other than the declarant or such larger percentage as the declaration provides.
(5) Amendments to the declaration required by this chapter to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by
any officer of the association designated for that purpose or,
in the absence of designation, by the president of the association.
(6) No amendment may restrict, eliminate, or otherwise
modify any special declarant right provided in the declaration
without the consent of the declarant and any mortgagee of
[Title 64 RCW—page 32]
record with a security interest in the special declarant right or
in any real property subject thereto, excluding mortgagees of
units owned by persons other than the declarant. [1989 c 43
§ 2-117.]
64.34.268
64.34.268 Termination of condominium. (1) Except
in the case of a taking of all the units by condemnation under
RCW 64.34.060, a condominium may be terminated only by
agreement of unit owners of units to which at least eighty percent of the votes in the association are allocated, or any larger
percentage the declaration specifies: PROVIDED, That the
declaration may specify a smaller percentage only if all of the
units in the condominium are restricted exclusively to nonresidential uses.
(2) An agreement to terminate must be evidenced by the
execution of a termination agreement or ratifications thereof,
in the same manner as a deed, by the requisite number of unit
owners. The termination agreement must specify a date after
which the agreement will be void unless it is recorded before
that date and shall contain a description of the manner in
which the creditors of the association will be paid or provided
for. A termination agreement and all ratifications thereof
must be recorded in every county in which a portion of the
condominium is situated and is effective only upon recording. A termination agreement may be amended by complying
with all of the requirements of this section.
(3) A termination agreement may provide that all the
common elements and units of the condominium shall be
sold following termination. If, pursuant to the agreement, any
real property in the condominium is to be sold following termination, the termination agreement must set forth the minimum terms of the sale.
(4) The association, on behalf of the unit owners, may
contract for the sale of real property in the condominium, but
the contract is not binding on the unit owners until approved
pursuant to subsections (1) and (2) of this section. If any real
property in the condominium is to be sold following termination, title to that real property, upon termination, vests in the
association as trustee for the holders of all interests in the
units. Thereafter, the association has all powers necessary
and appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof distributed, the association
continues in existence with all powers it had before termination. Proceeds of the sale must be distributed to unit owners
and lien holders as their interests may appear, in proportion to
the respective interests of unit owners as provided in subsection (7) of this section. Unless otherwise specified in the termination agreement, as long as the association holds title to
the real property, each unit owner and the owner's successors
in interest have an exclusive right to occupancy of the portion
of the real property that formerly constituted the owner's unit.
During the period of that occupancy, each unit owner and the
owner's successors in interest remain liable for all assessments and other obligations imposed on unit owners by this
chapter or the declaration.
(5) If the real property constituting the condominium is
not to be sold following termination, title to all the real property in the condominium vests in the unit owners upon termination as tenants in common in proportion to their respective
interests as provided in subsection (7) of this section, and
liens on the units shift accordingly. While the tenancy in
(2004 Ed.)
Condominium Act
common exists, each unit owner and the owner's successors
in interest have an exclusive right to occupancy of the portion
of the real property that formerly constituted the owner's unit.
(6) Following termination of the condominium, the proceeds of any sale of real property, together with the assets of
the association, are held by the association as trustee for unit
owners and holders of liens on the units and creditors of the
association as their interests may appear. No such proceeds or
assets may be disbursed to the owners until all of the creditors
of the association have been paid or provided for. Following
termination, creditors of the association holding liens on the
units, which were recorded or perfected under RCW 4.64.020
before termination, may enforce those liens in the same manner as any lien holder.
(7) The respective interests of unit owners referred to in
subsections (4), (5), and (6) of this section are as follows:
(a) Except as provided in (b) of this subsection, the
respective interests of unit owners are the fair market values
of their units, limited common elements, and common element interests immediately before the termination, as determined by one or more independent appraisers selected by the
association. The decision of the independent appraisers shall
be distributed to the unit owners and becomes final unless
disapproved, within thirty days after distribution, by unit
owners of units to which twenty-five percent of the votes in
the association are allocated. The proportion of any unit
owner's interest to that of all unit owners is determined by
dividing the fair market value of that unit owner's unit and
common element interest by the total fair market values of all
the units and common elements.
(b) If any unit or any limited common element is
destroyed to the extent that an appraisal of the fair market
value thereof before destruction cannot be made, the interests
of all unit owners are their respective common element interests immediately before the termination.
(8) Except as provided in subsection (9) of this section,
foreclosure or enforcement of a lien or encumbrance against
the entire condominium does not of itself terminate the condominium, and foreclosure or enforcement of a lien or
encumbrance against a portion of the condominium, other
than withdrawable real property, does not withdraw that portion from the condominium. Foreclosure or enforcement of a
lien or encumbrance against withdrawable real property does
not of itself withdraw that real property from the condominium, but the person taking title thereto has the right to require
from the association, upon request, an amendment excluding
the real property from the condominium.
(9) If a lien or encumbrance against a portion of the real
property that is withdrawable from the condominium has priority over the declaration, and the lien or encumbrance has
not been partially released as to a unit, the purchaser at the
foreclosure or such purchaser's successors may, upon foreclosure, record an instrument exercising the right to withdraw
the real property subject to that lien or encumbrance from the
condominium. The board of directors shall reallocate interests as if the foreclosed portion were condemned.
(10) The right of partition under chapter 7.52 RCW shall
be suspended if an agreement to sell the property is provided
for in the termination agreement pursuant to subsection (3) of
this section. The suspension of the right to partition shall continue unless and until no binding obligation to sell exists three
(2004 Ed.)
64.34.276
months after the recording of the termination agreement, the
binding sale agreement is terminated, or one year after the
termination agreement is recorded, whichever first occurs.
[1992 c 220 § 12; 1989 c 43 § 2-118.]
64.34.272
64.34.272 Rights of secured lenders. The declaration
may require that all or a specified number or percentage of
the holders of mortgages encumbering the units approve
specified actions of the unit owners or the association as a
condition to the effectiveness of those actions, but no requirement for approval may operate to (1) deny or delegate control
over the general administrative affairs of the association by
the unit owners or the board of directors, or (2) prevent the
association or the board of directors from commencing, intervening in, or settling any litigation or proceeding, or receiving and distributing any insurance proceeds except pursuant
to RCW 64.34.352. With respect to any action requiring the
consent of a specified number or percentage of mortgagees,
the consent of only eligible mortgagees holding a first lien
mortgage need be obtained and the percentage shall be based
upon the votes attributable to units with respect to which eligible mortgagees have an interest. [1989 c 43 § 2-119.]
64.34.276
64.34.276 Master associations. (1) If the declaration
provides that any of the powers described in RCW 64.34.304
are to be exercised by or may be delegated to a profit or nonprofit corporation which exercises those or other powers on
behalf of a development consisting of one or more condominiums or for the benefit of the unit owners of one or more condominiums, all provisions of this chapter applicable to unit
owners' associations apply to any such corporation, except as
modified by this section.
(2) Unless a master association is acting in the capacity
of an association described in RCW 64.34.300, it may exercise the powers set forth in RCW 64.34.304(1)(b) only to the
extent expressly permitted in the declarations of condominiums which are part of the master association or expressly
described in the delegations of power from those condominiums to the master association.
(3) If the declaration of any condominium provides that
the board of directors may delegate certain powers to a master association, the members of the board of directors have no
liability for the acts or omissions of the master association
with respect to those powers following delegation.
(4) The rights and responsibilities of unit owners with
respect to the unit owners' association set forth in RCW
64.34.308, 64.34.332, 64.34.336, 64.34.340, and 64.34.348
apply in the conduct of the affairs of a master association
only to those persons who elect the board of a master association, whether or not those persons are otherwise unit owners
within the meaning of this chapter.
(5) Notwithstanding the provisions of RCW
64.34.308(6) with respect to the election of the board of
directors of an association by all unit owners after the period
of declarant control ends and even if a master association is
also an association described in RCW 64.34.300, the certificate of incorporation or other instrument creating the master
association and the declaration of each condominium, the
powers of which are assigned by the declaration or delegated
to the master association, must provide that the board of
[Title 64 RCW—page 33]
64.34.278
Title 64 RCW: Real Property and Conveyances
directors of the master association shall be elected after the
period of declarant control in any of the following ways:
(a) All unit owners of all condominiums subject to the
master association may elect all members of that board of
directors.
(b) All members of the boards of directors of all condominiums subject to the master association may elect all members of that board of directors.
(c) All unit owners of each condominium subject to the
master association may elect specified members of that board
of directors.
(d) All members of the board of directors of each condominium subject to the master association may elect specified
members of that board of directors. [1989 c 43 § 2-120.]
64.34.278 Delegation of power to subassociations. (1)
If the declaration provides that any of the powers described in
RCW 64.34.304 are to be exercised by or may be delegated to
a profit or nonprofit corporation that exercises those or other
powers on behalf of unit owners owning less than all of the
units in a condominium, and where those unit owners share
the exclusive use of one or more limited common elements
within the condominium or share some property or other
interest in the condominium in common that is not shared by
the remainder of the unit owners in the condominium, all provisions of this chapter applicable to unit owners' associations
apply to any such corporation, except as modified by this section. The delegation of powers to a subassociation shall not
be used to discriminate in favor of units owned by the
declarant or an affiliate of the declarant.
(2) A subassociation may exercise the powers set forth in
RCW 64.34.304(1) only to the extent expressly permitted by
the declaration of the condominium of which the units in the
subassociation are a part of or expressly described in the delegations of power from that condominium to the subassociation.
(3) If the declaration of any condominium contains a delegation of certain powers to a subassociation, or provides that
the board of directors of the condominium may make such a
delegation, the members of the board of directors have no liability for the acts or omissions of the subassociation with
respect to those powers so exercised by the subassociation
following delegation.
(4) The rights and responsibilities of unit owners with
respect to the unit owners' association set forth in RCW
64.34.300 through 64.34.376 apply to the conduct of the
affairs of a subassociation.
(5) Notwithstanding the provisions of RCW
64.34.308(6) with respect to the election of the board of
directors of an association by all unit owners after the period
of declarant control ends, the board of directors of the subassociation shall be elected after the period of declarant control
by the unit owners of all of the units in the condominium subject to the subassociation.
(6) The declaration of the condominium creating the subassociation may provide that the authority of the board of
directors of the subassociation is exclusive with regard to the
powers and responsibilities delegated to it. In the alternative,
the declaration may provide as to some or all such powers
that the authority of the board of directors of a subassociation
is concurrent with and subject to the authority of the board of
64.34.278
[Title 64 RCW—page 34]
directors of the unit owners' association, in which case the
declaration shall also contain standards and procedures for
the review of the decisions of the board of directors of the
subassociation and procedures for resolving any dispute
between the board of the unit owners' association and the
board of the subassociation. [1992 c 220 § 13.]
64.34.280 Merger or consolidation. (1) Any two or
more condominiums, by agreement of the unit owners as provided in subsection (2) of this section, may be merged or consolidated into a single condominium. In the event of a merger
or consolidation, unless the agreement otherwise provides,
the resultant condominium is, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single
association which shall hold all powers, rights, obligations,
assets, and liabilities of all preexisting associations.
(2) An agreement of two or more condominiums to
merge or consolidate pursuant to subsection (1) of this section must be evidenced by an agreement prepared, executed,
recorded, and certified by the president of the association of
each of the preexisting condominiums following approval by
owners of units to which are allocated the percentage of votes
in each condominium required to terminate that condominium. Any such agreement must be recorded in every county
in which a portion of the condominium is located and is not
effective until recorded.
(3) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new
association among the units of the resultant condominium
either (a) by stating the reallocations or the formulas upon
which they are based or (b) by stating the portion of overall
allocated interests of the new condominium which are allocated to all of the units comprising each of the preexisting
condominiums, and providing that the percentages allocated
to each unit formerly comprising a part of the preexisting
condominium in such portion must be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting condominium.
(4) All merged or consolidated condominiums under this
section shall comply with this chapter. [1989 c 43 § 2-121.]
64.34.280
ARTICLE 3
MANAGEMENT OF CONDOMINIUM
64.34.300 Unit owners' association—Organization.
A unit owners' association shall be organized no later than the
date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners. Following termination of the
condominium, the membership of the association shall consist of all of the unit owners at the time of termination entitled
to distributions of proceeds under RCW 64.34.268 or their
heirs, successors, or assigns. The association shall be organized as a profit or nonprofit corporation. In case of any conflict between Title 23B RCW, the business corporation act,
chapter 24.03 RCW, the nonprofit corporation act, or chapter
24.06 RCW, the nonprofit miscellaneous and mutual corporations act, and this chapter, this chapter shall control. [1992
c 220 § 14; 1989 c 43 § 3-101.]
64.34.300
(2004 Ed.)
Condominium Act
64.34.304
64.34.304 Unit owners' association—Powers. (1)
Except as provided in subsection (2) of this section, and subject to the provisions of the declaration, the association may:
(a) Adopt and amend bylaws, rules, and regulations;
(b) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for
common expenses from unit owners;
(c) Hire and discharge or contract with managing agents
and other employees, agents, and independent contractors;
(d) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or
two or more unit owners on matters affecting the condominium;
(e) Make contracts and incur liabilities;
(f) Regulate the use, maintenance, repair, replacement,
and modification of common elements;
(g) Cause additional improvements to be made as a part
of the common elements;
(h) Acquire, hold, encumber, and convey in its own
name any right, title, or interest to real or personal property,
but common elements may be conveyed or subjected to a
security interest only pursuant to RCW 64.34.348;
(i) Grant easements, leases, licenses, and concessions
through or over the common elements and petition for or consent to the vacation of streets and alleys;
(j) Impose and collect any payments, fees, or charges for
the use, rental, or operation of the common elements, other
than limited common elements described in RCW 64.34.204
(2) and (4), and for services provided to unit owners;
(k) Impose and collect charges for late payment of
assessments pursuant to RCW 64.34.364(13) and, after
notice and an opportunity to be heard by the board of directors or by such representative designated by the board of
directors and in accordance with such procedures as provided
in the declaration or bylaws or rules and regulations adopted
by the board of directors, levy reasonable fines in accordance
with a previously established schedule thereof adopted by the
board of directors and furnished to the owners for violations
of the declaration, bylaws, and rules and regulations of the
association;
(l) Impose and collect reasonable charges for the preparation and recording of amendments to the declaration, resale
certificates required by RCW 64.34.425, and statements of
unpaid assessments;
(m) Provide for the indemnification of its officers and
board of directors and maintain directors' and officers' liability insurance;
(n) Assign its right to future income, including the right
to receive common expense assessments, but only to the
extent the declaration provides;
(o) Join in a petition for the establishment of a parking
and business improvement area, participate in the rate payers'
board or other advisory body set up by the legislative authority for operation of a parking and business improvement area,
and pay special assessments levied by the legislative authority on a parking and business improvement area encompassing the condominium property for activities and projects
which benefit the condominium directly or indirectly;
(p) Exercise any other powers conferred by the declaration or bylaws;
(2004 Ed.)
64.34.308
(q) Exercise all other powers that may be exercised in
this state by the same type of corporation as the association;
and
(r) Exercise any other powers necessary and proper for
the governance and operation of the association.
(2) The declaration may not impose limitations on the
power of the association to deal with the declarant which are
more restrictive than the limitations imposed on the power of
the association to deal with other persons. [1993 c 429 § 11;
1990 c 166 § 3; 1989 c 43 § 3-102.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.308
64.34.308 Board of directors and officers. (1) Except
as provided in the declaration, the bylaws, subsection (2) of
this section, or other provisions of this chapter, the board of
directors shall act in all instances on behalf of the association.
In the performance of their duties, the officers and members
of the board of directors are required to exercise: (a) If
appointed by the declarant, the care required of fiduciaries of
the unit owners; or (b) if elected by the unit owners, ordinary
and reasonable care.
(2) The board of directors shall not act on behalf of the
association to amend the declaration in any manner that
requires the vote or approval of the unit owners pursuant to
RCW 64.34.264, to terminate the condominium pursuant to
RCW 64.34.268, or to elect members of the board of directors or determine the qualifications, powers, and duties, or
terms of office of members of the board of directors pursuant
to subsection (6) of this section; but the board of directors
may fill vacancies in its membership for the unexpired portion of any term.
(3) Within thirty days after adoption of any proposed
budget for the condominium, the board of directors shall provide a summary of the budget to all the unit owners and shall
set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor more than sixty
days after mailing of the summary. Unless at that meeting the
owners of units to which a majority of the votes in the association are allocated or any larger percentage specified in the
declaration reject the budget, the budget is ratified, whether
or not a quorum is present. In the event the proposed budget
is rejected or the required notice is not given, the periodic
budget last ratified by the unit owners shall be continued until
such time as the unit owners ratify a subsequent budget proposed by the board of directors.
(4)(a) Subject to subsection (5) of this section, the declaration may provide for a period of declarant control of the
association, during which period a declarant, or persons designated by the declarant, may: (i) Appoint and remove the
officers and members of the board of directors; or (ii) veto or
approve a proposed action of the board or association. A
declarant's failure to veto or approve such proposed action in
writing within thirty days after receipt of written notice of the
proposed action shall be deemed approval by the declarant.
(b) Regardless of the period provided in the declaration,
a period of declarant control terminates no later than the earlier of: (i) Sixty days after conveyance of seventy-five percent of the units which may be created to unit owners other
than a declarant; (ii) two years after the last conveyance or
transfer of record of a unit except as security for a debt; (iii)
[Title 64 RCW—page 35]
64.34.312
Title 64 RCW: Real Property and Conveyances
two years after any development right to add new units was
last exercised; or (iv) the date on which the declarant records
an amendment to the declaration pursuant to which the
declarant voluntarily surrenders the right to further appoint
and remove officers and members of the board of directors. A
declarant may voluntarily surrender the right to appoint and
remove officers and members of the board of directors before
termination of that period pursuant to (i), (ii), and (iii) of this
subsection (4)(b), but in that event the declarant may require,
for the duration of the period of declarant control, that specified actions of the association or board of directors, as
described in a recorded instrument executed by the declarant,
be approved by the declarant before they become effective.
(5) Not later than sixty days after conveyance of twentyfive percent of the units which may be created to unit owners
other than a declarant, at least one member and not less than
twenty-five percent of the members of the board of directors
must be elected by unit owners other than the declarant. Not
later than sixty days after conveyance of fifty percent of the
units which may be created to unit owners other than a
declarant, not less than thirty-three and one-third percent of
the members of the board of directors must be elected by unit
owners other than the declarant.
(6) Within thirty days after the termination of any period
of declarant control, the unit owners shall elect a board of
directors of at least three members, at least a majority of
whom must be unit owners. The number of directors need not
exceed the number of units then in the condominium. The
board of directors shall elect the officers. Such members of
the board of directors and officers shall take office upon election.
(7) Notwithstanding any provision of the declaration or
bylaws to the contrary, the unit owners, by a two-thirds vote
of the voting power in the association present and entitled to
vote at any meeting of the unit owners at which a quorum is
present, may remove any member of the board of directors
with or without cause, other than a member appointed by the
declarant. The declarant may not remove any member of the
board of directors elected by the unit owners. Prior to the termination of the period of declarant control, the unit owners,
other than the declarant, may remove by a two-thirds vote,
any director elected by the unit owners. [1992 c 220 § 15;
1989 c 43 § 3-103.]
64.34.312 Control of association—Transfer. (1)
Within sixty days after the termination of the period of
declarant control provided in RCW 64.34.308(4) or, in the
absence of such period, within sixty days after the first conveyance of a unit in the condominium, the declarant shall
deliver to the association all property of the unit owners and
of the association held or controlled by the declarant including, but not limited to:
(a) The original or a photocopy of the recorded declaration and each amendment to the declaration;
(b) The certificate of incorporation and a copy or duplicate original of the articles of incorporation of the association
as filed with the secretary of state;
(c) The bylaws of the association;
(d) The minute books, including all minutes, and other
books and records of the association;
(e) Any rules and regulations that have been adopted;
64.34.312
[Title 64 RCW—page 36]
(f) Resignations of officers and members of the board
who are required to resign because the declarant is required to
relinquish control of the association;
(g) The financial records, including canceled checks,
bank statements, and financial statements of the association,
and source documents from the time of incorporation of the
association through the date of transfer of control to the unit
owners;
(h) Association funds or the control of the funds of the
association;
(i) All tangible personal property of the association, represented by the declarant to be the property of the association
or ostensibly the property of the association, and an inventory
of the property;
(j) Except for alterations to a unit done by a unit owner
other than the declarant, a copy of the declarant's plans and
specifications utilized in the construction or remodeling of
the condominium, with a certificate of the declarant or a
licensed architect or engineer that the plans and specifications represent, to the best of their knowledge and belief, the
actual plans and specifications utilized by the declarant in the
construction or remodeling of the condominium;
(k) Insurance policies or copies thereof for the condominium and association;
(l) Copies of any certificates of occupancy that may have
been issued for the condominium;
(m) Any other permits issued by governmental bodies
applicable to the condominium in force or issued within one
year before the date of transfer of control to the unit owners;
(n) All written warranties that are still in effect for the
common elements, or any other areas or facilities which the
association has the responsibility to maintain and repair, from
the contractor, subcontractors, suppliers, and manufacturers
and all owners' manuals or instructions furnished to the
declarant with respect to installed equipment or building systems;
(o) A roster of unit owners and eligible mortgagees and
their addresses and telephone numbers, if known, as shown
on the declarant's records and the date of closing of the first
sale of each unit sold by the declarant;
(p) Any leases of the common elements or areas and
other leases to which the association is a party;
(q) Any employment contracts or service contracts in
which the association is one of the contracting parties or service contracts in which the association or the unit owners
have an obligation or a responsibility, directly or indirectly,
to pay some or all of the fee or charge of the person performing the service;
(r) A copy of any qualified warranty issued to the association as provided for in RCW 64.35.505; and
(s) All other contracts to which the association is a party.
(2) Upon the transfer of control to the unit owners, the
records of the association shall be audited as of the date of
transfer by an independent certified public accountant in
accordance with generally accepted auditing standards unless
the unit owners, other than the declarant, by two-thirds vote
elect to waive the audit. The cost of the audit shall be a common expense unless otherwise provided in the declaration.
The accountant performing the audit shall examine supporting documents and records, including the cash disbursements
and related paid invoices, to determine if expenditures were
(2004 Ed.)
Condominium Act
for association purposes and the billings, cash receipts, and
related records to determine if the declarant was charged for
and paid the proper amount of assessments. [2004 c 201 §
10; 1989 c 43 § 3-104.]
64.34.316
64.34.316 Special declarant rights—Transfer. (1) No
special declarant right, as described in RCW 64.34.020(29),
created or reserved under this chapter may be transferred
except by an instrument evidencing the transfer executed by
the declarant or the declarant's successor and the transferee is
recorded in every county in which any portion of the condominium is located. Each unit owner shall receive a copy of
the recorded instrument, but the failure to furnish the copy
shall not invalidate the transfer.
(2) Upon transfer of any special declarant right, the liability of a transferor declarant is as follows:
(a) A transferor is not relieved of any obligation or liability arising before the transfer and remains liable for warranty
obligations imposed upon the transferor by this chapter. Lack
of privity does not deprive any unit owner of standing to
maintain an action to enforce any obligation of the transferor.
(b) If a successor to any special declarant right is an affiliate of a declarant as described in RCW 64.34.020(1), the
transferor is jointly and severally liable with the successor for
any obligations or liabilities of the successor relating to the
condominium.
(c) If a transferor retains any special declarant right, but
transfers other special declarant rights to a successor who is
not an affiliate of the declarant, the transferor is liable for any
obligations or liabilities imposed on a declarant by this chapter or by the declaration relating to the retained special
declarant rights arising after the transfer.
(d) A transferor has no liability for any act or omission or
any breach of a contractual or warranty obligation arising
from the exercise of a special declarant right by a successor
declarant who is not an affiliate of the transferor.
(3) In case of foreclosure of a mortgage, tax sale, judicial
sale, or sale under bankruptcy code or receivership proceedings of any unit owned by a declarant or real property in a
condominium subject to development rights, a person acquiring title to all the real property being foreclosed or sold succeeds to all special declarant rights related to that real property held by that declarant and to any rights reserved in the
declaration pursuant to RCW 64.34.256 and held by that
declarant to maintain models, sales offices, and signs, unless
such person requests that all or any of such rights not be
transferred. The instrument conveying title shall describe any
special declarant rights not being transferred.
(4) Upon foreclosure of a mortgage, tax sale, judicial
sale, or sale under bankruptcy code or receivership proceedings of all units and other real property in a condominium
owned by a declarant:
(a) The declarant ceases to have any special declarant
rights; and
(b) The period of declarant control as described in RCW
64.34.308(4) terminates unless the judgment or instrument
conveying title provides for transfer of all special declarant
rights held by that declarant to a successor declarant.
(5) The liabilities and obligations of a person who succeeds to special declarant rights are as follows:
(2004 Ed.)
64.34.320
(a) A successor to any special declarant right who is an
affiliate of a declarant is subject to all obligations and liabilities imposed on the transferor by this chapter or by the declaration;
(b) A successor to any special declarant right, other than
a successor described in (c) or (d) of this subsection, who is
not an affiliate of a declarant is subject to all obligations and
liabilities imposed by this chapter or the declaration:
(i) On a declarant which relate to such successor's exercise or nonexercise of special declarant rights; or
(ii) On the declarant's transferor, other than:
(A) Misrepresentations by any previous declarant;
(B) Warranty obligations on improvements made by any
previous declarant or made before the condominium was created;
(C) Breach of any fiduciary obligation by any previous
declarant or the declarant's appointees to the board of directors; or
(D) Any liability or obligation imposed on the transferor
as a result of the transferor's acts or omissions after the transfer;
(c) A successor to only a right reserved in the declaration
to maintain models, sales offices, and signs as described in
RCW 64.34.256, if the successor is not an affiliate of a
declarant, may not exercise any other special declarant right
and is not subject to any liability or obligation as a declarant,
except the obligation to provide a public offering statement
and any liability arising as a result thereof;
(d) A successor to all special declarant rights held by the
successor's transferor who is not an affiliate of that declarant
and who succeeded to those rights pursuant to a foreclosure,
a deed in lieu of foreclosure, or a judgment or instrument conveying title to units under subsection (3) of this section may
declare his or her intention in a recorded instrument to hold
those rights solely for transfer to another person. Thereafter,
until transferring all special declarant rights to any person
acquiring title to any unit owned by the successor or until
recording an instrument permitting exercise of all those
rights, that successor may not exercise any of those rights
other than any right held by the successor's transferor to control the board of directors in accordance with the provisions
of RCW 64.34.308(4) for the duration of any period of
declarant control, and any attempted exercise of those rights
is void. So long as a successor declarant may not exercise
special declarant rights under this subsection, the successor is
not subject to any liability or obligation as a declarant other
than liability for the successor's acts and omissions under
RCW 64.34.308(4);
(e) Nothing in this section subjects any successor to a
special declarant right to any claims against or other obligations of a transferor declarant, other than claims and obligations arising under this chapter or the declaration. [1989 c 43
§ 3-105.]
64.34.320 Contracts and leases—Declarant—Termination. If entered into before the board of directors elected
by the unit owners pursuant to RCW 64.34.308(6) takes
office, (1) any management contract, employment contract,
or lease of recreational or parking areas or facilities, (2) any
other contract or lease between the association and a
declarant or an affiliate of a declarant, or (3) any contract or
64.34.320
[Title 64 RCW—page 37]
64.34.324
Title 64 RCW: Real Property and Conveyances
lease that is not bona fide or was unconscionable to the unit
owners at the time entered into under the circumstances then
prevailing may be terminated without penalty by the association at any time after the board of directors elected by the unit
owners pursuant to RCW 64.34.308(6) takes office upon not
less than ninety days' notice to the other party or within such
lesser notice period provided for without penalty in the contract or lease. This section does not apply to any lease, the termination of which would terminate the condominium or
reduce its size, unless the real property subject to that lease
was included in the condominium for the purpose of avoiding
the right of the association to terminate a lease under this section. [1989 c 43 § 3-106.]
64.34.324
64.34.324 Bylaws. (1) Unless provided for in the declaration, the bylaws of the association shall provide for:
(a) The number, qualifications, powers and duties, terms
of office, and manner of electing and removing the board of
directors and officers and filling vacancies;
(b) Election by the board of directors of such officers of
the association as the bylaws specify;
(c) Which, if any, of its powers the board of directors or
officers may delegate to other persons or to a managing
agent;
(d) Which of its officers may prepare, execute, certify,
and record amendments to the declaration on behalf of the
association;
(e) The method of amending the bylaws; and
(f) A statement of the standard of care for officers and
members of the board of directors imposed by RCW
64.34.308(1).
(2) Subject to the provisions of the declaration, the
bylaws may provide for any other matters the association
deems necessary and appropriate.
(3) In determining the qualifications of any officer or
director of the association, notwithstanding the provision of
RCW 64.34.020(32) the term "unit owner" in such context
shall, unless the declaration or bylaws otherwise provide, be
deemed to include any director, officer, partner in, or trustee
of any person, who is, either alone or in conjunction with
another person or persons, a unit owner. Any officer or director of the association who would not be eligible to serve as
such if he or she were not a director, officer, partner in, or
trustee of such a person shall be disqualified from continuing
in office if he or she ceases to have any such affiliation with
that person, or if that person would have been disqualified
from continuing in such office as a natural person. [2004 c
201 § 3; 1992 c 220 § 16; 1989 c 43 § 3-107.]
64.34.328
64.34.328 Upkeep of condominium. (1) Except to the
extent provided by the declaration, subsection (2) of this section, or RCW 64.34.352(7), the association is responsible for
maintenance, repair, and replacement of the common elements, including the limited common elements, and each unit
owner is responsible for maintenance, repair, and replacement of the owner's unit. Each unit owner shall afford to the
association and the other unit owners, and to their agents or
employees, access through the owner's unit and limited common elements reasonably necessary for those purposes. If
damage is inflicted on the common elements, or on any unit
[Title 64 RCW—page 38]
through which access is taken, the unit owner responsible for
the damage, or the association if it is responsible, shall be liable for the repair thereof.
(2) In addition to the liability that a declarant as a unit
owner has under this chapter, the declarant alone is liable for
all expenses in connection with real property subject to
development rights except that the declaration may provide
that the expenses associated with the operation, maintenance,
repair, and replacement of a common element that the owners
have a right to use shall be paid by the association as a common expense. No other unit owner and no other portion of the
condominium is subject to a claim for payment of those
expenses. Unless the declaration provides otherwise, any
income or proceeds from real property subject to development rights inures to the declarant. [1989 c 43 § 3-108.]
64.34.332
64.34.332 Meetings. A meeting of the association must
be held at least once each year. Special meetings of the association may be called by the president, a majority of the board
of directors, or by unit owners having twenty percent or any
lower percentage specified in the declaration or bylaws of the
votes in the association. Not less than ten nor more than sixty
days in advance of any meeting, the secretary or other officer
specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by first class United States mail to the
mailing address of each unit or to any other mailing address
designated in writing by the unit owner. The notice of any
meeting shall state the time and place of the meeting and the
items on the agenda to be voted on by the members, including
the general nature of any proposed amendment to the declaration or bylaws, changes in the previously approved budget
that result in a change in assessment obligations, and any proposal to remove a director or officer. [1989 c 43 § 3-109.]
64.34.336
64.34.336 Quorums. (1) Unless the bylaws specify a
larger percentage, a quorum is present throughout any meeting of the association if the owners of units to which twentyfive percent of the votes of the association are allocated are
present in person or by proxy at the beginning of the meeting.
(2) Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the board
of directors if persons entitled to cast fifty percent of the
votes on the board of directors are present at the beginning of
the meeting. [1989 c 43 § 3-110.]
64.34.340
64.34.340 Voting—Proxies. (1) If only one of the multiple owners of a unit is present at a meeting of the association
or has delivered a written ballot or proxy to the association
secretary, the owner is entitled to cast all the votes allocated
to that unit. If more than one of the multiple owners are
present or has delivered a written ballot or proxy to the association secretary, the votes allocated to that unit may be cast
only in accordance with the agreement of a majority in interest of the multiple owners, unless the declaration expressly
provides otherwise. There is majority agreement if any one of
the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over
the meeting by any of the other owners of the unit.
(2) Votes allocated to a unit may be cast pursuant to a
proxy duly executed by a unit owner. If a unit is owned by
(2004 Ed.)
Condominium Act
more than one person, each owner of the unit may vote or
register protest to the casting of votes by the other owners of
the unit through a duly executed proxy. A unit owner may not
revoke a proxy given pursuant to this section except by actual
notice of revocation to the person presiding over a meeting of
the association. A proxy is void if it is not dated or purports
to be revocable without notice. Unless stated otherwise in the
proxy, a proxy terminates eleven months after its date of issuance.
(3) If the declaration requires that votes on specified
matters affecting the condominium be cast by lessees rather
than unit owners of leased units: (a) The provisions of subsections (1) and (2) of this section apply to lessees as if they
were unit owners; (b) unit owners who have leased their units
to other persons may not cast votes on those specified matters; and (c) lessees are entitled to notice of meetings, access
to records, and other rights respecting those matters as if they
were unit owners. Unit owners must also be given notice, in
the manner provided in RCW 64.34.332, of all meetings at
which lessees may be entitled to vote.
(4) No votes allocated to a unit owned by the association
may be cast, and in determining the percentage of votes
required to act on any matter, the votes allocated to units
owned by the association shall be disregarded. [1992 c 220 §
17; 1989 c 43 § 3-111.]
64.34.344
64.34.344 Tort and contract liability. Neither the
association nor any unit owner except the declarant is liable
for that declarant's torts in connection with any part of the
condominium which that declarant has the responsibility to
maintain. Otherwise, an action alleging a wrong done by the
association must be brought against the association and not
against any unit owner or any officer or director of the association. Unless the wrong was done by a unit owner other
than the declarant, if the wrong by the association occurred
during any period of declarant control and the association
gives the declarant reasonable notice of and an opportunity to
defend against the action, the declarant who then controlled
the association is liable to the association or to any unit
owner: (1) For all tort losses not covered by insurance suffered by the association or that unit owner; and (2) for all
costs which the association would not have incurred but for a
breach of contract or other wrongful act or omission by the
association. If the declarant does not defend the action and is
determined to be liable to the association under this section,
the declarant is also liable for all litigation expenses, including reasonable attorneys' fees, incurred by the association in
such defense. Any statute of limitations affecting the association's right of action under this section is tolled until the
period of declarant control terminates. A unit owner is not
precluded from bringing an action contemplated by this section because he or she is a unit owner or a member or officer
of the association. Liens resulting from judgments against the
association are governed by RCW 64.34.368. [1989 c 43 § 3112.]
64.34.348
64.34.348 Common elements—Conveyance—
Encumbrance. (1) Portions of the common elements which
are not necessary for the habitability of a unit may be conveyed or subjected to a security interest by the association if
(2004 Ed.)
64.34.352
the owners of units to which at least eighty percent of the
votes in the association are allocated, including eighty percent of the votes allocated to units not owned by a declarant
or an affiliate of a declarant, or any larger percentage the declaration specifies, agree to that action; but all the owners of
units to which any limited common element is allocated must
agree in order to convey that limited common element or subject it to a security interest. The declaration may specify a
smaller percentage, but not less than sixty-seven percent of
the votes not held by a declarant or an affiliate of a declarant,
only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale or financing are an asset of
the association. The declaration may provide for a special
allocation or distribution of the proceeds of the sale or refinancing of a limited common element.
(2) An agreement to convey common elements or subject
them to a security interest must be evidenced by the execution of an agreement, or ratifications thereof, in the same
manner as a deed, by the requisite number of unit owners.
The agreement must specify a date after which the agreement
will be void unless recorded before that date. The agreement
and all ratifications thereof must be recorded in every county
in which a portion of the condominium is situated and is
effective only upon recording.
(3) The association, on behalf of the unit owners, may
contract to convey common elements or subject them to a
security interest, but the contract is not enforceable against
the association until approved pursuant to subsections (1) and
(2) of this section. Thereafter, the association has all powers
necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.
(4) Any purported conveyance, encumbrance, or other
voluntary transfer of common elements, unless made pursuant to this section, is void.
(5) A conveyance or encumbrance of common elements
pursuant to this section shall not deprive any unit of its rights
of access and support.
(6) A conveyance or encumbrance of common elements
pursuant to this section shall not affect the priority or validity
of preexisting encumbrances. [1989 c 43 § 3-113.]
64.34.352 Insurance. (1) Commencing not later than
the time of the first conveyance of a unit to a person other
than a declarant, the association shall maintain, to the extent
reasonably available:
(a) Property insurance on the condominium, which may,
but need not, include equipment, improvements, and betterments in a unit installed by the declarant or the unit owners,
insuring against all risks of direct physical loss commonly
insured against. The total amount of insurance after application of any deductibles shall be not less than eighty percent,
or such greater amount specified in the declaration, of the
actual cash value of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land,
excavations, foundations, and other items normally excluded
from property policies; and
(b) Liability insurance, including medical payments
insurance, in an amount determined by the board of directors
but not less than the amount specified in the declaration, covering all occurrences commonly insured against for death,
64.34.352
[Title 64 RCW—page 39]
64.34.354
Title 64 RCW: Real Property and Conveyances
bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements.
(2) If the insurance described in subsection (1) of this
section is not reasonably available, or is modified, canceled,
or not renewed, the association promptly shall cause notice of
that fact to be hand-delivered or sent prepaid by first class
United States mail to all unit owners, to each eligible mortgagee, and to each mortgagee to whom a certificate or memorandum of insurance has been issued at their respective last
known addresses. The declaration may require the association to carry any other insurance, and the association in any
event may carry any other insurance it deems appropriate to
protect the association or the unit owners.
(3) Insurance policies carried pursuant to subsection (1)
of this section shall provide that:
(a) Each unit owner is an insured person under the policy
with respect to liability arising out of the owner's interest in
the common elements or membership in the association;
(b) The insurer waives its right to subrogation under the
policy against any unit owner, member of the owner's household, and lessee of the owner;
(c) No act or omission by any unit owner, unless acting
within the scope of the owner's authority on behalf of the
association, will void the policy or be a condition to recovery
under the policy; and
(d) If, at the time of a loss under the policy, there is other
insurance in the name of a unit owner covering the same risk
covered by the policy, the association's policy provides primary insurance.
(4) Any loss covered by the property insurance under
subsection (1)(a) of this section must be adjusted with the
association, but the insurance proceeds for that loss are payable to any insurance trustee designated for that purpose, or
otherwise to the association, and not to any holder of a mortgage. The insurance trustee or the association shall hold any
insurance proceeds in trust for unit owners and lienholders as
their interests may appear. Subject to the provisions of subsection (7) of this section, the proceeds must be disbursed
first for the repair or restoration of the damaged property, and
unit owners and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus
of proceeds after the property has been completely repaired
or restored or the condominium is terminated.
(5) An insurance policy issued to the association does
not prevent a unit owner from obtaining insurance for the
owner's own benefit.
(6) An insurer that has issued an insurance policy under
this section shall issue certificates or memoranda of insurance to the association and, upon written request, to any unit
owner or holder of a mortgage. The insurer issuing the policy
may not modify the amount or the extent of the coverage of
the policy or cancel or refuse to renew the policy unless the
insurer has complied with all applicable provisions of chapter
48.18 RCW pertaining to the cancellation or nonrenewal of
contracts of insurance. The insurer shall not modify the
amount or the extent of the coverage of the policy, or cancel
or refuse to renew the policy without complying with this
section.
(7) Any portion of the condominium for which insurance
is required under this section which is damaged or destroyed
[Title 64 RCW—page 40]
shall be repaired or replaced promptly by the association
unless: (a) The condominium is terminated; (b) repair or
replacement would be illegal under any state or local health
or safety statute or ordinance; or (c) eighty percent of the unit
owners, including every owner of a unit or assigned limited
common element which will not be rebuilt, vote not to
rebuild. The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense. If all of the
damaged or destroyed portions of the condominium are not
repaired or replaced: (i) The insurance proceeds attributable
to the damaged common elements shall be used to restore the
damaged area to a condition compatible with the remainder
of the condominium; (ii) the insurance proceeds attributable
to units and limited common elements which are not rebuilt
shall be distributed to the owners of those units and the owners of the units to which those limited common elements were
allocated, or to lienholders, as their interests may appear; and
(iii) the remainder of the proceeds shall be distributed to all
the unit owners or lienholders, as their interests may appear,
in proportion to the common element interests of all the units.
If the unit owners vote not to rebuild any unit, that unit's allocated interests are automatically reallocated upon the vote as
if the unit had been condemned under RCW 64.34.060(1),
and the association promptly shall prepare, execute, and
record an amendment to the declaration reflecting the reallocations. Notwithstanding the provisions of this subsection,
RCW 64.34.268 governs the distribution of insurance proceeds if the condominium is terminated.
(8) The provisions of this section may be varied or
waived as provided in the declaration if all units of a condominium are restricted to nonresidential use. [1992 c 220 § 18;
1990 c 166 § 4; 1989 c 43 § 3-114.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.354
64.34.354 Insurance—Conveyance. Promptly upon
the conveyance of a unit, the new unit owner shall notify the
association of the date of the conveyance and the unit owner's
name and address. The association shall notify each insurance company that has issued an insurance policy to the association for the benefit of the owners under RCW 64.34.352 of
the name and address of the new owner and request that the
new owner be made a named insured under such policy.
[1990 c 166 § 8.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.356
64.34.356 Surplus funds. Unless otherwise provided in
the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and
any prepayment of reserves shall, in the discretion of the
board of directors, either be paid to the unit owners in proportion to their common expense liabilities or credited to them to
reduce their future common expense assessments. [1989 c 43
§ 3-115.]
64.34.360
64.34.360 Common expenses—Assessments. (1)
Until the association makes a common expense assessment,
the declarant shall pay all common expenses. After any
assessment has been made by the association, assessments
must be made against all units, based on a budget adopted by
the association.
(2004 Ed.)
Condominium Act
(2) Except for assessments under subsections (3), (4),
and (5) of this section, all common expenses must be
assessed against all the units in accordance with the allocations set forth in the declaration pursuant to RCW
64.34.224(1). Any past due common expense assessment or
installment thereof bears interest at the rate established by the
association pursuant to RCW 64.34.364.
(3) To the extent required by the declaration:
(a) Any common expense associated with the operation,
maintenance, repair, or replacement of a limited common element shall be paid by the owner of or assessed against the
units to which that limited common element is assigned,
equally, or in any other proportion that the declaration provides;
(b) Any common expense or portion thereof benefiting
fewer than all of the units must be assessed exclusively
against the units benefited;
(c) The costs of insurance must be assessed in proportion
to risk; and
(d) The costs of utilities must be assessed in proportion
to usage.
(4) Assessments to pay a judgment against the association pursuant to RCW 64.34.368(1) may be made only
against the units in the condominium at the time the judgment
was entered in proportion to their allocated common expense
liabilities at the time the judgment was entered.
(5) To the extent that any common expense is caused by
the misconduct of any unit owner, the association may assess
that expense against the owner's unit.
(6) If common expense liabilities are reallocated, common expense assessments and any installment thereof not yet
due shall be recalculated in accordance with the reallocated
common expense liabilities. [1990 c 166 § 5; 1989 c 43 § 3116.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.364
64.34.364 Lien for assessments. (1) The association
has a lien on a unit for any unpaid assessments levied against
a unit from the time the assessment is due.
(2) A lien under this section shall be prior to all other
liens and encumbrances on a unit except: (a) Liens and
encumbrances recorded before the recording of the declaration; (b) a mortgage on the unit recorded before the date on
which the assessment sought to be enforced became delinquent; and (c) liens for real property taxes and other governmental assessments or charges against the unit. A lien under
this section is not subject to the provisions of chapter 6.13
RCW.
(3) Except as provided in subsections (4) and (5) of this
section, the lien shall also be prior to the mortgages described
in subsection (2)(b) of this section to the extent of assessments for common expenses, excluding any amounts for capital improvements, based on the periodic budget adopted by
the association pursuant to RCW 64.34.360(1) which would
have become due during the six months immediately preceding the date of a sheriff's sale in an action for judicial foreclosure by either the association or a mortgagee, the date of a
trustee's sale in a nonjudicial foreclosure by a mortgagee, or
the date of recording of the declaration of forfeiture in a proceeding by the vendor under a real estate contract.
(2004 Ed.)
64.34.364
(4) The priority of the association's lien against units
encumbered by a mortgage held by an eligible mortgagee or
by a mortgagee which has given the association a written
request for a notice of delinquent assessments shall be
reduced by up to three months if and to the extent that the lien
priority under subsection (3) of this section includes delinquencies which relate to a period after such holder becomes
an eligible mortgagee or has given such notice and before the
association gives the holder a written notice of the delinquency. This subsection does not affect the priority of
mechanics' or materialmen's liens, or the priority of liens for
other assessments made by the association.
(5) If the association forecloses its lien under this section
nonjudicially pursuant to chapter 61.24 RCW, as provided by
subsection (9) of this section, the association shall not be
entitled to the lien priority provided for under subsection (3)
of this section.
(6) Unless the declaration otherwise provides, if two or
more associations have liens for assessments created at any
time on the same real estate, those liens have equal priority.
(7) Recording of the declaration constitutes record notice
and perfection of the lien for assessments. While no further
recording of any claim of lien for assessment under this section shall be required to perfect the association's lien, the
association may record a notice of claim of lien for assessments under this section in the real property records of any
county in which the condominium is located. Such recording
shall not constitute the written notice of delinquency to a
mortgagee referred to in subsection (2) of this section.
(8) A lien for unpaid assessments and the personal liability for payment of assessments is extinguished unless proceedings to enforce the lien or collect the debt are instituted
within three years after the amount of the assessments sought
to be recovered becomes due.
(9) The lien arising under this section may be enforced
judicially by the association or its authorized representative
in the manner set forth in chapter 61.12 RCW. The lien arising under this section may be enforced nonjudicially in the
manner set forth in chapter 61.24 RCW for nonjudicial foreclosure of deeds of trust if the declaration (a) contains a grant
of the condominium in trust to a trustee qualified under RCW
61.24.010 to secure the obligations of the unit owners to the
association for the payment of assessments, (b) contains a
power of sale, (c) provides in its terms that the units are not
used principally for agricultural or farming purposes, and (d)
provides that the power of sale is operative in the case of a
default in the obligation to pay assessments. The association
or its authorized representative shall have the power, unless
prohibited by the declaration, to purchase the unit at the foreclosure sale and to acquire, hold, lease, mortgage, or convey
the same. Upon an express waiver in the complaint of any
right to a deficiency judgment in a judicial foreclosure action,
the period of redemption shall be eight months. Nothing in
this section shall prohibit an association from taking a deed in
lieu of foreclosure.
(10) From the time of commencement of an action by the
association to foreclose a lien for nonpayment of delinquent
assessments against a unit that is not occupied by the owner
thereof, the association shall be entitled to the appointment of
a receiver to collect from the lessee thereof the rent for the
unit as and when due. If the rental is not paid, the receiver
[Title 64 RCW—page 41]
64.34.368
Title 64 RCW: Real Property and Conveyances
may obtain possession of the unit, refurbish it for rental up to
a reasonable standard for rental units in this type of condominium, rent the unit or permit its rental to others, and apply
the rents first to the cost of the receivership and attorneys'
fees thereof, then to the cost of refurbishing the unit, then to
applicable charges, then to costs, fees, and charges of the
foreclosure action, and then to the payment of the delinquent
assessments. Only a receiver may take possession and collect
rents under this subsection, and a receiver shall not be
appointed less than ninety days after the delinquency. The
exercise by the association of the foregoing rights shall not
affect the priority of preexisting liens on the unit.
(11) Except as provided in subsection (3) of this section,
the holder of a mortgage or other purchaser of a unit who
obtains the right of possession of the unit through foreclosure
shall not be liable for assessments or installments thereof that
became due prior to such right of possession. Such unpaid
assessments shall be deemed to be common expenses collectible from all the unit owners, including such mortgagee or
other purchaser of the unit. Foreclosure of a mortgage does
not relieve the prior owner of personal liability for assessments accruing against the unit prior to the date of such sale
as provided in this subsection.
(12) In addition to constituting a lien on the unit, each
assessment shall be the joint and several obligation of the
owner or owners of the unit to which the same are assessed as
of the time the assessment is due. In a voluntary conveyance,
the grantee of a unit shall be jointly and severally liable with
the grantor for all unpaid assessments against the grantor up
to the time of the grantor's conveyance, without prejudice to
the grantee's right to recover from the grantor the amounts
paid by the grantee therefor. Suit to recover a personal judgment for any delinquent assessment shall be maintainable in
any court of competent jurisdiction without foreclosing or
waiving the lien securing such sums.
(13) The association may from time to time establish reasonable late charges and a rate of interest to be charged on all
subsequent delinquent assessments or installments thereof. In
the absence of another established nonusurious rate, delinquent assessments shall bear interest from the date of delinquency at the maximum rate permitted under RCW
19.52.020 on the date on which the assessments became
delinquent.
(14) The association shall be entitled to recover any costs
and reasonable attorneys' fees incurred in connection with the
collection of delinquent assessments, whether or not such
collection activities result in suit being commenced or prosecuted to judgment. In addition, the association shall be entitled to recover costs and reasonable attorneys' fees if it prevails on appeal and in the enforcement of a judgment.
(15) The association upon written request shall furnish to
a unit owner or a mortgagee a statement signed by an officer
or authorized agent of the association setting forth the
amount of unpaid assessments against that unit. The statement shall be furnished within fifteen days after receipt of the
request and is binding on the association, the board of directors, and every unit owner, unless and to the extent known by
the recipient to be false.
(16) To the extent not inconsistent with this section, the
declaration may provide for such additional remedies for col[Title 64 RCW—page 42]
lection of assessments as may be permitted by law. [1990 c
166 § 6; 1989 c 43 § 3-117.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.368
64.34.368 Liens—General provisions. (1) Except as
provided in subsection (2) of this section, a judgment for
money against the association perfected under RCW
4.64.020 is a lien in favor of the judgment lienholder against
all of the units in the condominium and their interest in the
common elements at the time the judgment was entered. No
other property of a unit owner is subject to the claims of creditors of the association.
(2) If the association has granted a security interest in the
common elements to a creditor of the association pursuant to
RCW 64.34.348, the holder of that security interest shall
exercise its right first against such common elements before
its judgment lien on any unit may be enforced.
(3) Whether perfected before or after the creation of the
condominium, if a lien other than a mortgage, including a
judgment lien or lien attributable to work performed or materials supplied before creation of the condominium, becomes
effective against two or more units, the unit owner of an
affected unit may pay to the lienholder the amount of the lien
attributable to the owner's unit, and the lienholder, upon
receipt of payment, promptly shall deliver a release of the
lien covering that unit. The amount of the payment must be
proportionate to the ratio which that unit owner's allocated
common expense liability bears to the allocated common
expense liabilities of all unit owners whose units are subject
to the lien. After payment, the association may not assess or
have a lien against that unit owner's unit for any portion of the
common expenses incurred in connection with that lien.
(4) A judgment against the association shall be filed in
the name of the condominium and the association and, when
so filed, is notice of the lien against the units. [1989 c 43 § 3118.]
64.34.372
64.34.372 Association records—Funds. (1) The association shall keep financial records sufficiently detailed to
enable the association to comply with RCW 64.34.425. All
financial and other records of the association, including but
not limited to checks, bank records, and invoices, are the
property of the association, but shall be made reasonably
available for examination and copying by the manager of the
association, any unit owner, or the owner's authorized agents.
At least annually, the association shall prepare, or cause to be
prepared, a financial statement of the association in accordance with generally accepted accounting principles. The
financial statements of condominiums consisting of fifty or
more units shall be audited at least annually by a certified
public accountant. In the case of a condominium consisting
of fewer than fifty units, an annual audit is also required but
may be waived annually by unit owners other than the
declarant of units to which sixty percent of the votes are allocated, excluding the votes allocated to units owned by the
declarant.
(2) The funds of an association shall be kept in accounts
in the name of the association and shall not be commingled
with the funds of any other association, nor with the funds of
any manager of the association or any other person responsi(2004 Ed.)
Condominium Act
ble for the custody of such funds. Any reserve funds of an
association shall be kept in a segregated account and any
transaction affecting such funds, including the issuance of
checks, shall require the signature of at least two persons who
are officers or directors of the association. [1992 c 220 § 19;
1990 c 166 § 7; 1989 c 43 § 3-119.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.376
64.34.376 Association as trustee. With respect to a
third person dealing with the association in the association's
capacity as a trustee, the existence of trust powers and their
proper exercise by the association may be assumed without
inquiry. A third person is not bound to inquire whether the
association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge
that the association is exceeding or improperly exercising its
powers, is fully protected in dealing with the association as if
it possessed and properly exercised the powers it purports to
exercise. A third person is not bound to assure the proper
application of trust assets paid or delivered to the association
in its capacity as trustee. [1989 c 43 § 3-120.]
ARTICLE 4
PROTECTION OF CONDOMINIUM PURCHASERS
64.34.400
64.34.400 Applicability—Waiver. (1) This article
applies to all units subject to this chapter, except as provided
in subsection (2) of this section and unless and to the extent
otherwise agreed to in writing by the seller and purchasers of
those units that are restricted to nonresidential use in the declaration.
(2) This article shall not apply in the case of:
(a) A conveyance by gift, devise, or descent;
(b) A conveyance pursuant to court order;
(c) A disposition by a government or governmental
agency;
(d) A conveyance by foreclosure;
(e) A disposition of all of the units in a condominium in
a single transaction;
(f) A disposition to other than a purchaser as defined in
RCW 64.34.020(26); or
(g) A disposition that may be canceled at any time and
for any reason by the purchaser without penalty. [1992 c 220
§ 20; 1990 c 166 § 9; 1989 c 43 § 4-101.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.405
64.34.405 Public offering statement—Requirements—Liability. (1) Except as provided in subsection (2)
of this section or when no public offering statement is
required, a declarant shall prepare a public offering statement
conforming to the requirements of RCW 64.34.410 and
64.34.415.
(2) A declarant may transfer responsibility for preparation of all or a part of the public offering statement to a successor declarant pursuant to RCW 64.34.316 or to a dealer
who intends to offer units in the condominium for the person's own account.
(3) Any declarant or dealer who offers a unit for the person's own account to a purchaser shall deliver a public offering statement in the manner prescribed in RCW 64.34.420(1).
(2004 Ed.)
64.34.410
Any agent, attorney, or other person assisting the declarant or
dealer in preparing the public offering statement may rely
upon information provided by the declarant or dealer without
independent investigation. The agent, attorney, or other person shall not be liable for any material misrepresentation in or
omissions of material facts from the public offering statement
unless the person had actual knowledge of the misrepresentation or omission at the time the public offering statement was
prepared. The declarant or dealer shall be liable for any misrepresentation contained in the public offering statement or
for any omission of material fact therefrom if the declarant or
dealer had actual knowledge of the misrepresentation or
omission or, in the exercise of reasonable care, should have
known of the misrepresentation or omission.
(4) If a unit is part of a condominium and is part of
another real property regime in connection with the sale of
which the delivery of a public offering statement is required
under the laws of this state, a single public offering statement,
conforming to the requirements of RCW 64.34.410 and
64.34.415 as those requirements relate to all real property
regimes in which the unit is located and conforming to any
other requirements imposed under the laws of this state, may
be prepared and delivered in lieu of providing two or more
public offering statements. [1989 c 43 § 4-102.]
64.34.410
64.34.410 Public offering statement—General provisions. (1) A public offering statement shall contain the following information:
(a) The name and address of the condominium;
(b) The name and address of the declarant;
(c) The name and address of the management company,
if any;
(d) The relationship of the management company to the
declarant, if any;
(e) A list of up to the five most recent condominium
projects completed by the declarant or an affiliate of the
declarant within the past five years, including the names of
the condominiums, their addresses, and the number of existing units in each. For the purpose of this section, a condominium is "completed" when any one unit therein has been
rented or sold;
(f) The nature of the interest being offered for sale;
(g) A brief description of the permitted uses and use
restrictions pertaining to the units and the common elements;
(h) A brief description of the restrictions, if any, on the
renting or leasing of units by the declarant or other unit owners, together with the rights, if any, of the declarant to rent or
lease at least a majority of units;
(i) The number of existing units in the condominium and
the maximum number of units that may be added to the condominium;
(j) A list of the principal common amenities in the condominium which materially affect the value of the condominium and those that will or may be added to the condominium;
(k) A list of the limited common elements assigned to the
units being offered for sale;
(l) The identification of any real property not in the condominium, the owner of which has access to any of the common elements, and a description of the terms of such access;
[Title 64 RCW—page 43]
64.34.410
Title 64 RCW: Real Property and Conveyances
(m) The identification of any real property not in the
condominium to which unit owners have access and a
description of the terms of such access;
(n) The status of construction of the units and common
elements, including estimated dates of completion if not completed;
(o) The estimated current common expense liability for
the units being offered;
(p) An estimate of any payment with respect to the common expense liability for the units being offered which will
be due at closing;
(q) The estimated current amount and purpose of any
fees not included in the common expenses and charged by the
declarant or the association for the use of any of the common
elements;
(r) Any assessments which have been agreed to or are
known to the declarant and which, if not paid, may constitute
a lien against any units or common elements in favor of any
governmental agency;
(s) The identification of any parts of the condominium,
other than the units, which any individual owner will have the
responsibility for maintaining;
(t) If the condominium involves a conversion condominium, the information required by RCW 64.34.415;
(u) Whether timesharing is restricted or prohibited, and
if restricted, a general description of such restrictions;
(v) A list of all development rights reserved to the
declarant and all special declarant rights reserved to the
declarant, together with the dates such rights must terminate,
and a copy of or reference by recording number to any
recorded transfer of a special declarant right;
(w) A description of any material differences in terms of
furnishings, fixtures, finishes, and equipment between any
model unit available to the purchaser at the time the agreement for sale is executed and the unit being offered;
(x) Any liens on real property to be conveyed to the association required to b e disclosed pur suant to RCW
64.34.435(2)(b);
(y) A list of any physical hazards known to the declarant
which particularly affect the condominium or the immediate
vicinity in which the condominium is located and which are
not readily ascertainable by the purchaser;
(z) A brief description of any construction warranties to
be provided to the purchaser;
(aa) Any building code violation citations received by
the declarant in connection with the condominium which
have not been corrected;
(bb) A statement of any unsatisfied judgments or pending suits against the association, a statement of the status of
any pending suits material to the condominium of which the
declarant has actual knowledge, and a statement of any litigation brought by an owners' association, unit owner, or governmental entity in which the declarant or any affiliate of the
declarant has been a defendant, arising out of the construction, sale, or administration of any condominium within the
previous five years, together with the results thereof, if
known;
(cc) Any rights of first refusal to lease or purchase any
unit or any of the common elements;
[Title 64 RCW—page 44]
(dd) The extent to which the insurance provided by the
association covers furnishings, fixtures, and equipment
located in the unit;
(ee) A notice which describes a purchaser's right to cancel the purchase agreement or extend the closing under RCW
64.34.420, including applicable time frames and procedures;
(ff) Any reports or statements required by RCW
64.34.415 or 64.34.440(6)(a). RCW 64.34.415 shall apply to
the public offering statement of a condominium in connection with which a final certificate of occupancy was issued
more than sixty calendar months prior to the preparation of
the public offering statement whether or not the condominium is a conversion condominium as defined in RCW
64.34.020(10);
(gg) A list of the documents which the prospective purchaser is entitled to receive from the declarant before the
rescission period commences;
(hh) A notice which states: A purchaser may not rely on
any representation or express warranty unless it is contained
in the public offering statement or made in writing signed by
the declarant or by any person identified in the public offering statement as the declarant's agent;
(ii) A notice which states: This public offering statement
is only a summary of some of the significant aspects of purchasing a unit in this condominium and the condominium
documents are complex, contain other important information,
and create binding legal obligations. You should consider
seeking the assistance of legal counsel;
(jj) Any other information and cross-references which
the declarant believes will be helpful in describing the condominium to the recipients of the public offering statement, all
of which may be included or not included at the option of the
declarant;
(kk) A notice that addresses compliance or noncompliance with the housing for older persons act of 1995, P.L. 10476, as enacted on December 28, 1995;
(ll) A notice that is substantially in the form required by
RCW 64.50.050; and
(mm) A statement, as required by RCW 64.35.210, as to
whether the units or common elements of the condominium
are covered by a qualified warranty, and a history of claims
under any such warranty.
(2) The public offering statement shall include copies of
each of the following documents: The declaration, the survey
map and plans, the articles of incorporation of the association, bylaws of the association, rules and regulations, if any,
current or proposed budget for the association, and the balance sheet of the association current within ninety days if
assessments have been collected for ninety days or more.
If any of the foregoing documents listed in this subsection are not available because they have not been executed,
adopted, or recorded, drafts of such documents shall be provided with the public offering statement, and, before closing
the sale of a unit, the purchaser shall be given copies of any
material changes between the draft of the proposed documents and the final documents.
(3) The disclosures required by subsection (1)(g), (k),
(s), (u), (v), and (cc) of this section shall also contain a reference to specific sections in the condominium documents
which further explain the information disclosed.
(2004 Ed.)
Condominium Act
(4) The disclosures required by subsection (1)(ee), (hh),
(ii), and (ll) of this section shall be located at the top of the
first page of the public offering statement and be typed or
printed in ten-point bold face type size.
(5) A declarant shall promptly amend the public offering
statement to reflect any material change in the information
required by this section. [2004 c 201 § 11; 2002 c 323 § 10;
1997 c 400 § 1; 1992 c 220 § 21; 1989 c 43 § 4-103.]
64.34.415
64.34.415 Public offering statement—Conversion
condominiums. (1) The public offering statement of a conversion condominium shall contain, in addition to the information required by RCW 64.34.410:
(a) Either a copy of a report prepared by an independent,
licensed architect or engineer, or a statement by the declarant
based on such report, which report or statement describes, to
the extent reasonably ascertainable, the present condition of
all structural components and mechanical and electrical
installations material to the use and enjoyment of the condominium;
(b) A statement by the declarant of the expected useful
life of each item reported on in (a) of this subsection or a
statement that no representations are made in that regard; and
(c) A list of any outstanding notices of uncured violations of building code or other municipal regulations,
together with the estimated cost of curing those violations.
Unless the purchaser waives in writing the curing of specific
violations, the extent to which the declarant will cure such
violations prior to the closing of the sale of a unit in the condominium shall be included.
(2) This section applies only to condominiums containing units that may be occupied for residential use. [1992 c
220 § 22; 1990 c 166 § 10; 1989 c 43 § 4-104.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.417
64.34.417 Public offering statement—Use of single
disclosure document. If a unit is offered for sale for which
the delivery of a public offering statement or other disclosure
document is required under the laws of any state or the
United States, a single disclosure document conforming to
the requirements of RCW 64.34.410 and 64.34.415 and conforming to any other requirement imposed under such laws,
may be prepared and delivered in lieu of providing two or
more disclosure documents. [1990 c 166 § 11.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.418
64.34.418 Public offering statement—Contract of
sale—Restriction on interest conveyed. In the case of a
sale of a unit where delivery of a public offering statement is
required, a contract of sale may be executed, but no interest in
that unit may be conveyed until (1) the declaration and survey
map and plans which create the condominium in which that
unit is located are recorded pursuant to RCW 64.34.200 and
64.34.232 and (2) the unit is substantially completed and
available for occupancy, unless the declarant and purchaser
have otherwise specifically agreed in writing as to the extent
to which the unit will not be substantially completed and
available for occupancy at the time of conveyance. [1990 c
166 § 15.]
Effective date—1990 c 166: See note following RCW 64.34.020.
(2004 Ed.)
64.34.425
64.34.420
64.34.420 Purchaser's right to cancel. (1) A person
required to deliver a public offering statement pursuant to
RCW 64.34.405(3) shall provide a purchaser of a unit with a
copy of the public offering statement and all material amendments thereto before conveyance of that unit. Unless a purchaser is given the public offering statement more than seven
days before execution of a contract for the purchase of a unit,
the purchaser, before conveyance, shall have the right to cancel the contract within seven days after first receiving the
public offering statement and, if necessary to have seven days
to review the public offering statement and cancel the contract, to extend the closing date for conveyance to a date not
more than seven days after first receiving the public offering
statement. The purchaser shall have no right to cancel the
contract upon receipt of an amendment unless the purchaser
would have that right under generally applicable legal principles.
(2) If a purchaser elects to cancel a contract pursuant to
subsection (1) of this section, the purchaser may do so by
hand-delivering notice thereof to the offeror or by mailing
notice thereof by prepaid United States mail to the offeror or
to his or her agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before
cancellation shall be refunded promptly.
(3) If a person required to deliver a public offering statement pursuant to RCW 64.34.405(3) fails to provide a purchaser to whom a unit is conveyed with that public offering
statement and all material amendments thereto as required by
subsection (1) of this section, the purchaser is entitled to
receive from that person an amount equal to the greater of (a)
actual damages, or (b) ten percent of the sales price of the unit
for a willful failure by the declarant or three percent of the
sales price of the unit for any other failure. There shall be no
liability for failure to deliver any amendment unless such
failure would have entitled the purchaser under generally
applicable legal principles to cancel the contract for the purchase of the unit had the undisclosed information been evident to the purchaser before the closing of the purchase.
[1989 c 43 § 4-106.]
64.34.425
64.34.425 Resale of unit. (1) Except in the case of a
sale where delivery of a public offering statement is required,
or unless exempt under RCW 64.34.400(2), a unit owner
shall furnish to a purchaser before execution of any contract
for sale of a unit, or otherwise before conveyance, a resale
certificate, signed by an officer or authorized agent of the
association and based on the books and records of the association and the actual knowledge of the person signing the certificate, containing:
(a) A statement disclosing any right of first refusal or
other restraint on the free alienability of the unit contained in
the declaration;
(b) A statement setting forth the amount of the monthly
common expense assessment and any unpaid common
expense or special assessment currently due and payable
from the selling unit owner and a statement of any special
assessments that have been levied against the unit which have
not been paid even though not yet due;
(c) A statement, which shall be current to within fortyfive days, of any common expenses or special assessments
[Title 64 RCW—page 45]
64.34.430
Title 64 RCW: Real Property and Conveyances
against any unit in the condominium that are past due over
thirty days;
(d) A statement, which shall be current to within fortyfive days, of any obligation of the association which is past
due over thirty days;
(e) A statement of any other fees payable by unit owners;
(f) A statement of any anticipated repair or replacement
cost in excess of five percent of the annual budget of the association that has been approved by the board of directors;
(g) A statement of the amount of any reserves for repair
or replacement and of any portions of those reserves currently
designated by the association for any specified projects;
(h) The annual financial statement of the association,
including the audit report if it has been prepared, for the year
immediately preceding the current year;
(i) A balance sheet and a revenue and expense statement
of the association prepared on an accrual basis, which shall
be current to within one hundred twenty days;
(j) The current operating budget of the association;
(k) A statement of any unsatisfied judgments against the
association and the status of any pending suits or legal proceedings in which the association is a plaintiff or defendant;
(l) A statement describing any insurance coverage provided for the benefit of unit owners;
(m) A statement as to whether there are any alterations or
improvements to the unit or to the limited common elements
assigned thereto that violate any provision of the declaration;
(n) A statement of the number of units, if any, still owned
by the declarant, whether the declarant has transferred control
of the association to the unit owners, and the date of such
transfer;
(o) A statement as to whether there are any violations of
the health or building codes with respect to the unit, the limited common elements assigned thereto, or any other portion
of the condominium;
(p) A statement of the remaining term of any leasehold
estate affecting the condominium and the provisions governing any extension or renewal thereof;
(q) A copy of the declaration, the bylaws, the rules or
regulations of the association, and any other information reasonably requested by mortgagees of prospective purchasers
of units. Information requested generally by the federal
national mortgage association, the federal home loan bank
board, the government national mortgage association, the
veterans administration and the department of housing and
urban development shall be deemed reasonable, provided
such information is reasonably available to the association;
and
(r) A statement, as required by RCW 64.35.210, as to
whether the units or common elements of the condominium
are covered by a qualified warranty, and a history of claims
under any such warranty.
(2) The association, within ten days after a request by a
unit owner, and subject to payment of any fee imposed pursuant to RCW 64.34.304(1)(l), shall furnish a resale certificate
signed by an officer or authorized agent of the association
and containing the information necessary to enable the unit
owner to comply with this section. For the purposes of this
chapter, a reasonable charge for the preparation of a resale
certificate may not exceed one hundred fifty dollars. The
association may charge a unit owner a nominal fee for updat[Title 64 RCW—page 46]
ing a resale certificate within six months of the unit owner's
request. The unit owner shall also sign the certificate but the
unit owner is not liable to the purchaser for any erroneous
information provided by the association and included in the
certificate unless and to the extent the unit owner had actual
knowledge thereof.
(3) A purchaser is not liable for any unpaid assessment
or fee against the unit as of the date of the certificate greater
than the amount set forth in the certificate prepared by the
association unless and to the extent such purchaser had actual
knowledge thereof. A unit owner is not liable to a purchaser
for the failure or delay of the association to provide the certificate in a timely manner, but the purchaser's contract is voidable by the purchaser until the certificate has been provided
and for five days thereafter or until conveyance, whichever
occurs first. [2004 c 201 § 4; 1992 c 220 § 23; 1990 c 166 §
12; 1989 c 43 § 4-107.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.430
64.34.430 Escrow of deposits. Any deposit made in
connection with the purchase or reservation of a unit from a
person required to deliver a public offering statement pursuant to RCW 64.34.405(3) shall be placed in escrow and held
in this state in an escrow or trust account designated solely
for that purpose by a licensed title insurance company, an
attorney, a real estate broker, an independent bonded escrow
company, or an institution whose accounts are insured by a
governmental agency or instrumentality until: (1) Delivered
to the declarant at closing; (2) delivered to the declarant
because of purchaser's default under a contract to purchase
the unit; (3) refunded to the purchaser; or (4) delivered to a
court in connection with the filing of an interpleader action.
[1992 c 220 § 24; 1989 c 43 § 4-108.]
64.34.435
64.34.435 Release of liens—Conveyance. (1) At the
time of the first conveyance of each unit, every mortgage,
lien, or other encumbrance affecting that unit and any other
unit or units or real property, other than the percentage of
undivided interest of that unit in the common elements, shall
be paid and satisfied of record, or the unit being conveyed
and its undivided interest in the common elements shall be
released therefrom by partial release duly recorded or the purchaser of that unit shall receive title insurance from a licensed
title insurance company against such mortgage, lien or other
encumbrance. This subsection does not apply to any real
property which a declarant has the right to withdraw.
(2) Before conveying real property to the association the
declarant shall have that real property released from: (a) All
liens the foreclosure of which would deprive unit owners of
any right of access to or easement of support of their units;
and (b) all other liens on that real property unless the public
offering statement describes certain real property which may
be conveyed subject to liens in specified amounts. [1989 c 43
§ 4-109.]
64.34.440
64.34.440 Conversion condominiums—Notice—Tenants. (1) A declarant of a conversion condominium, and any
dealer who intends to offer units in such a condominium,
shall give each of the residential tenants and any residential
subtenant in possession of a portion of a conversion condo(2004 Ed.)
Condominium Act
minium notice of the conversion and provide those persons
with the public offering statement no later than ninety days
before the tenants and any subtenant in possession are
required to vacate. The notice must set forth generally the
rights of tenants and subtenants under this section and shall
be delivered pursuant to notice requirements set forth in
RCW 59.12.040. No tenant or subtenant may be required to
vacate upon less than ninety days' notice, except by reason of
nonpayment of rent, waste, conduct that disturbs other tenants' peaceful enjoyment of the premises, or act of unlawful
detainer as defined in RCW 59.12.030, and the terms of the
tenancy may not be altered during that period. Nothing in this
subsection shall be deemed to waive or repeal RCW
59.18.200(2). Failure to give notice as required by this section is a defense to an action for possession.
(2) For sixty days after delivery or mailing of the notice
described in subsection (1) of this section, the person
required to give the notice shall offer to convey each unit or
proposed unit occupied for residential use to the tenant who
leases that unit. If a tenant fails to purchase the unit during
that sixty-day period, the offeror may offer to dispose of an
interest in that unit during the following one hundred eighty
days at a price or on terms more favorable to the offeree than
the price or terms offered to the tenant only if: (a) Such offeror, by written notice mailed to the tenant's last known
address, offers to sell an interest in that unit at the more favorable price and terms, and (b) such tenant fails to accept such
offer in writing within ten days following the mailing of the
offer to the tenant. This subsection does not apply to any unit
in a conversion condominium if that unit will be restricted
exclusively to nonresidential use or the boundaries of the
converted unit do not substantially conform to the dimensions of the residential unit before conversion.
(3) If a seller, in violation of subsection (2) of this section, conveys a unit to a purchaser for value who has no
knowledge of the violation, recording of the deed conveying
the unit extinguishes any right a tenant may have to purchase
that unit but does not affect the right of a tenant to recover
damages from the seller for a violation of subsection (2) of
this section.
(4) If a notice of conversion specifies a date by which a
unit or proposed unit must be vacated and otherwise complies
with the provisions of this chapter and chapter 59.18 RCW,
the notice also constitutes a notice to vacate specified by that
statute.
(5) Nothing in this section permits termination of a lease
by a declarant in violation of its terms.
(6) Notwithstanding RCW 64.34.050(1), a city or county
may by appropriate ordinance require with respect to any
conversion condominium within the jurisdiction of such city
or county that:
(a) In addition to the statement required by RCW
64.34.415(1)(a), the public offering statement shall contain a
copy of the written inspection report prepared by the appropriate department of such city or county, which report shall
list any violations of the housing code or other governmental
regulation, which code or regulation is applicable regardless
of whether the real property is owned as a condominium or in
some other form of ownership; said inspection shall be made
within forty-five days of the declarant's written request therefor and said report shall be issued within fourteen days of said
(2004 Ed.)
64.34.440
inspection being made. Such inspection may not be required
with respect to any building for which a final certificate of
occupancy has been issued by the city or county within the
preceding twenty-four months; and any fee imposed for the
making of such inspection may not exceed the fee that would
be imposed for the making of such an inspection for a purpose other than complying with this subsection (6)(a);
(b) Prior to the conveyance of any residential unit within
a conversion condominium, other than a conveyance to a
declarant or affiliate of a declarant: (i) All violations disclosed in the inspection report provided for in (a) of this subsection, and not otherwise waived by such city or county,
shall be repaired, and (ii) a certification shall be obtained
from such city or county that such repairs have been made,
which certification shall be based on a reinspection to be
made within seven days of the declarant's written request
therefor and which certification shall be issued within seven
days of said reinspection being made;
(c) The repairs required to be made under (b) of this subsection shall be warranted by the declarant against defects
due to workmanship or materials for a period of one year following the completion of such repairs;
(d) Prior to the conveyance of any residential unit within
a conversion condominium, other than a conveyance to a
declarant or affiliate of a declarant: (i) The declarant shall
establish and maintain, during the one-year warranty period
provided under (c) of this subsection, an account containing a
sum equal to ten percent of the actual cost of making the
repairs required under (b) of this subsection; (ii) during the
one-year warranty period, the funds in such account shall be
used exclusively for paying the actual cost of making repairs
required, or for otherwise satisfying claims made, under such
warranty; (iii) following the expiration of the one-year warranty period, any funds remaining in such account shall be
immediately disbursed to the declarant; and (iv) the declarant
shall notify in writing the association and such city or county
as to the location of such account and any disbursements
therefrom; and
(e) Relocation assistance not to exceed five hundred dollars per unit shall be paid to tenants and subtenants who elect
not to purchase a unit and who are in lawful occupancy for
residential purposes of a unit and whose monthly household
income from all sources, on the date of the notice described
in subsection (1) of this section, was less than an amount
equal to eighty percent of (i) the monthly median income for
comparably sized households in the standard metropolitan
statistical area, as defined and established by the United
States department of housing and urban development, in
which the condominium is located, or (ii) if the condominium
is not within a standard metropolitan statistical area, the
monthly median income for comparably sized households in
the state of Washington, as defined and determined by said
department. The household size of a unit shall be based on the
number of persons actually in lawful occupancy of the unit.
The tenant or subtenant actually in lawful occupancy of the
unit shall be entitled to the relocation assistance. Relocation
assistance shall be paid on or before the date the tenant or
subtenant vacates and shall be in addition to any damage
deposit or other compensation or refund to which the tenant
is otherwise entitled. Unpaid rent or other amounts owed by
[Title 64 RCW—page 47]
64.34.443
Title 64 RCW: Real Property and Conveyances
the tenant or subtenant to the landlord may be offset against
the relocation assistance.
(7) Violations of any city or county ordinance adopted as
authorized by subsection (6) of this section shall give rise to
such remedies, penalties, and causes of action which may be
lawfully imposed by such city or county. Such violations
shall not invalidate the creation of the condominium or the
conveyance of any interest therein. [1992 c 220 § 25; 1990 c
166 § 13; 1989 c 43 § 4-110.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.443
64.34.443 Express warranties of quality. (1) Express
warranties made by any seller to a purchaser of a unit, if
relied upon by the purchaser, are created as follows:
(a) Any written affirmation of fact or promise which
relates to the unit, its use, or rights appurtenant thereto, area
improvements to the condominium that would directly benefit the unit, or the right to use or have the benefit of facilities
not located in the condominium creates an express warranty
that the unit and related rights and uses will conform to the
affirmation or promise;
(b) Any model or written description of the physical
characteristics of the condominium at the time the purchase
agreement is executed, including plans and specifications of
or for improvements, creates an express warranty that the
condominium will conform to the model or description
except pursuant to *RCW 64.34.410(1)(v);
(c) Any written description of the quantity or extent of
the real property comprising the condominium, including
plats or surveys, creates an express warranty that the condominium will conform to the description, subject to customary
tolerances; and
(d) A written provision that a buyer may put a unit only
to a specified use is an express warranty that the specified use
is lawful.
(2) Neither formal words, such as "warranty" or "guarantee," nor a specific intention to make a warranty are necessary
to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real
estate or its value does not create a warranty. A purchaser
may not rely on any representation or express warranty
unless it is contained in the public offering statement or made
in writing signed by the declarant or declarant's agent identified in the public offering statement.
(3) Any conveyance of a unit transfers to the purchaser
all express warranties of quality made by previous sellers.
[1989 c 428 § 2.]
tracting, reasonable wear and tear and damage by casualty or
condemnation excepted.
(2) A declarant and any dealer impliedly warrants that a
unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any
improvements made or contracted for by such declarant or
dealer will be:
(a) Free from defective materials;
(b) Constructed in accordance with sound engineering
and construction standards;
(c) Constructed in a workmanlike manner; and
(d) Constructed in compliance with all laws then applicable to such improvements.
(3) A declarant and any dealer warrants to a purchaser of
a unit that may be used for residential use that an existing use,
continuation of which is contemplated by the parties, does
not violate applicable law at the earlier of the time of conveyance or delivery of possession.
(4) Warranties imposed by this section may be excluded
or modified as specified in RCW 64.34.450.
(5) For purposes of this section, improvements made or
contracted for by an affiliate of a declarant, as defined in
RCW 64.34.020(1), are made or contracted for by the
declarant.
(6) Any conveyance of a unit transfers to the purchaser
all of the declarant's implied warranties of quality.
(7) In a judicial proceeding for breach of any of the obligations arising under this section, the plaintiff must show that
the alleged breach has adversely affected or will adversely
affect the performance of that portion of the unit or common
elements alleged to be in breach. As used in this subsection,
an "adverse effect" must be more than technical and must be
significant to a reasonable person. To establish an adverse
effect, the person alleging the breach is not required to prove
that the breach renders the unit or common element uninhabitable or unfit for its intended purpose.
(8) Proof of breach of any obligation arising under this
section is not proof of damages. Damages awarded for a
breach of an obligation arising under this section are the cost
of repairs. However, if it is established that the cost of such
repairs is clearly disproportionate to the loss in market value
caused by the breach, then damages shall be limited to the
loss in market value. [2004 c 201 § 5; 1992 c 220 § 26; 1989
c 43 § 4-112.]
Application—2004 c 201 §§ 5 and 6: "Sections 5 and 6 of this act
apply only to condominiums created by declarations recorded on or after
July 1, 2004." [2004 c 201 § 12.]
64.34.450
*Reviser's note: RCW 64.34.410 was amended by 1997 c 400 § 1,
changing subsection (1)(v) to subsection (1)(w).
Captions—1989 c 428: "Section captions as used in this act do not constitute any part of the law." [1989 c 428 § 6.]
Effective date—1989 c 428: "*Sections 1 through 4 of this act shall
take effect July 1, 1990." [1989 c 428 § 7.]
*Reviser's note: Sections 1, 3, and 4 of this act were vetoed by the governor.
64.34.445
64.34.445 Implied warranties of quality—Breach.
(1) A declarant and any dealer warrants that a unit will be in
at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of con[Title 64 RCW—page 48]
64.34.450 Implied warranties of quality—Exclusion—Modification—Disclaimer—Express written warranty. (1) For units intended for nonresidential use, implied
warranties of quality:
(a) May be excluded or modified by written agreement
of the parties; and
(b) Are excluded by written expression of disclaimer,
such as "as is," "with all faults," or other language which in
common understanding calls the buyer's attention to the
exclusion of warranties.
(2) For units intended for residential use, no disclaimer
of implied warranties of quality is effective, except that a
declarant or dealer may disclaim liability in writing, in type
(2004 Ed.)
Condominium Act
that is bold faced, capitalized, underlined, or otherwise set
out from surrounding material so as to be conspicuous, and
separately signed by the purchaser, for a specified defect or
specified failure to comply with applicable law, if: (a) The
declarant or dealer knows or has reason to know that the specific defect or failure exists at the time of disclosure; (b) the
disclaimer specifically describes the defect or failure; and (c)
the disclaimer includes a statement as to the effect of the
defect or failure.
(3) A declarant or dealer may offer an express written
warranty of quality only if the express written warranty does
not reduce protections provided to the purchaser by the
implied warranty set forth in RCW 64.34.445. [2004 c 201 §
6; 1989 c 43 § 4-113.]
Application—2004 c 201 §§ 5 and 6: See note following RCW
64.34.445.
64.34.452 Warranties of quality—Breach—Actions
for construction defect claims. (1) A judicial proceeding
for breach of any obligations arising under RCW 64.34.443,
64.34.445, and 64.34.450 must be commenced within four
years after the cause of action accrues: PROVIDED, That the
period for commencing an action for a breach accruing pursuant to subsection (2)(b) of this section shall not expire prior
to one year after termination of the period of declarant control, if any, under RCW 64.34.308(4). Such periods may not
be reduced by either oral or written agreement, or through the
use of contractual claims or notice procedures that require the
filing or service of any claim or notice prior to the expiration
of the period specified in this section.
(2) Subject to subsection (3) of this section, a cause of
action or [for] breach of warranty of quality, regardless of the
purchaser's lack of knowledge of the breach, accrues:
(a) As to a unit, the date the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or the date of acceptance of the instrument
of conveyance if a nonpossessory interest was conveyed; and
(b) As to each common element, at the latest of (i) the
date the first unit in the condominium was conveyed to a
bona fide purchaser, (ii) the date the common element was
completed, or (iii) the date the common element was added to
the condominium.
(3) If a warranty of quality explicitly extends to future
performance or duration of any improvement or component
of the condominium, the cause of action accrues at the time
the breach is discovered or at the end of the period for which
the warranty explicitly extends, whichever is earlier.
(4) If a written notice of claim is served under RCW
64.50.020 within the time prescribed for the filing of an
action under this chapter, the statutes of limitation in this
chapter and any applicable statutes of repose for construction-related claims are tolled until sixty days after the period
of time during which the filing of an action is barred under
RCW 64.50.020.
(5) Nothing in this section affects the time for filing a
claim under chapter 64.35 RCW. [2004 c 201 § 7; 2002 c 323
§ 11; 1990 c 166 § 14.]
64.34.452
64.34.931
this chapter fails to comply with any provision hereof or any
provision of the declaration or bylaws, any person or class of
persons adversely affected by the failure to comply has a
claim for appropriate relief. The court, in an appropriate case,
may award reasonable attorney's fees to the prevailing party.
[1989 c 43 § 4-115.]
64.34.460
64.34.460 Labeling of promotional material. If any
improvement contemplated in a condominium is labeled
"NEED NOT BE BUILT" on a survey map or plan, or is to be
located within a portion of the condominium with respect to
which the declarant has reserved a development right, no promotional material may be displayed or delivered to prospective purchasers which describes or portrays that improvement
unless the description or portrayal of the improvement in the
promotional material is conspicuously labeled or identified as
"NEED NOT BE BUILT." [1989 c 43 § 4-116.]
64.34.465
64.34.465 Improvements—Declarant's duties. (1)
The declarant shall complete all improvements labeled
"MUST BE BUILT" on survey maps or plans prepared pursuant to RCW 64.34.232.
(2) The declarant is subject to liability for the prompt
repair and restoration, to a condition compatible with the
remainder of the condominium, of any portion of the condominium damaged by the exercise of rights reserved pursuant
to or created by RCW 64.34.236, 64.34.240, 64.34.244,
64.34.248, 64.34.256, and 64.34.260. [1989 c 43 § 4-117.]
ARTICLE 5
MISCELLANEOUS
64.34.900
64.34.900 Short title. This chapter shall be known and
may be cited as the Washington condominium act or the condominium act. [1989 c 43 § 1-101.]
64.34.910
64.34.910 Section captions. Section captions as used in
this chapter do not constitute any part of the law. [1989 c 43
§ 4-119.]
64.34.920
64.34.920 Severability—1989 c 43. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 43 § 4-120.]
64.34.921
64.34.921 Severability—2004 c 201. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2004 c 201 § 13.]
64.34.930
64.34.930 Effective date—1989 c 43. This act shall
take effect July 1, 1990. [1989 c 43 § 4-124.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.931
64.34.455 Effect of violations on rights of action—
Attorney's fees. If a declarant or any other person subject to
64.34.455
(2004 Ed.)
64.34.931 Effective date—2004 c 201 §§ 1-13. Sections 1 through 13 of this act take effect July 1, 2004. [2004
c 201 § 14.]
[Title 64 RCW—page 49]
64.34.940
Title 64 RCW: Real Property and Conveyances
ARTICLE 9
MISCELLANEOUS
64.34.940
64.34.940 Construction against implicit repeal. This
chapter being a general act intended as a unified coverage of
its subject matter, no part of it shall be construed to be
impliedly repealed by subsequent legislation if that construction can reasonably be avoided. [1989 c 43 § 1-109.]
64.35.900
64.35.901
ARTICLE 1
GENERAL PROVISIONS
64.34.950
64.34.950 Uniformity of application and construction. This chapter shall be applied and construed so as to
effectuate its general purpose to make uniform the law with
respect to the subject of this chapter among states enacting it.
[1989 c 43 § 1-110.]
Chapter 64.35
Chapter 64.35 RCW
CONDOMINIUMS—QUALIFIED WARRANTIES
Sections
ARTICLE 1
GENERAL PROVISIONS
64.35.105
64.35.106
64.35.110
64.35.115
64.35.120
Definitions.
Qualified warrantees—Application of RCW 48.01.040.
No duty to offer a qualified warranty—Insurer sets terms—
Scope of inquiry—Conditions.
Attorneys' fees.
Change of ownership—Coverage transfers.
ARTICLE 2
REMEDY, PROCEDURE, AND DISCLOSURE
UNDER A QUALIFIED WARRANTY
64.35.205
64.35.210
Qualified warranty—Remedy and procedure—Application of
chapter 64.50 RCW.
Notice of qualified warranty—History of claims.
ARTICLE 3
MINIMUM COVERAGE STANDARDS FOR
QUALIFIED WARRANTIES
64.35.305
64.35.310
64.35.315
64.35.320
64.35.325
64.35.330
64.35.335
Two-year materials and labor warranty—Noncompliance with
building code.
Five-year building envelope warranty.
Ten-year structural defects warranty.
Beginning dates for warranty coverage.
Beginning dates for warranty coverage—Special cases—
Declarant control.
Living expense allowance.
Warranty on repairs and replacements.
ARTICLE 4
QUALIFIED WARRANTY TERMS
64.35.405
64.35.410
64.35.415
64.35.420
64.35.425
Provisions a qualified insurer may include.
Authorized exclusions—General.
Authorized exclusions—Defects.
Limits on amounts—Calculation of costs—Adjustments.
Prohibited policy provisions—Exclusions.
ARTICLE 5
DUTIES OF PARTIES REGARDING COVERAGE AND CLAIMS
64.35.505
64.35.510
64.35.515
64.35.520
64.35.525
Failure to provide information—Conditions or exclusions may
not apply.
Schedule of expiration dates must be provided.
Duty to mitigate may be required.
Notice of claim—Reasonable timeliness and detail—Contents.
Handling of claim—Prompt response—Procedures.
ARTICLE 6
MEDIATION OR ARBITRATION OF DISPUTES
64.35.605
64.35.610
Disputed claim—Notice—Mediation procedures—Duties of
parties.
Disputed claim—Notice—Arbitration procedures—Duties of
parties.
[Title 64 RCW—page 50]
Captions not law—2004 c 201.
Severability—2004 c 201.
64.35.105
64.35.105 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Affiliate" has the meaning in RCW 64.34.020.
(2) "Association" has the meaning in RCW 64.34.020.
(3) "Building envelope" means the assemblies, components, and materials of a building that are intended to separate
and protect the interior space of the building from the adverse
effects of exterior climatic conditions.
(4) "Common element" has the meaning in RCW
64.34.020.
(5) "Condominium" has the meaning in RCW 64.34.020.
(6) "Construction professional" has the meaning in RCW
64.50.010.
(7) "Conversion condominium" has the meaning in
RCW 64.34.020.
(8) "Declarant" has the meaning in RCW 64.34.020.
(9) "Declarant control" has the meaning in RCW
64.34.020.
(10) "Defect" means any aspect of a condominium unit
or common element which constitutes a breach of the implied
warranties set forth in RCW 64.34.445.
(11) "Limited common element" has the meaning in
RCW 64.34.020.
(12) "Material" means substantive, not simply formal;
significant to a reasonable person; not trivial or insignificant.
When used with respect to a particular construction defect,
"material" does not require that the construction defect render
the unit or common element unfit for its intended purpose or
uninhabitable.
(13) "Mediation" means a collaborative process in which
two or more parties meet and attempt, with the assistance of
a mediator, to resolve issues in dispute between them.
(14) "Mediation session" means a meeting between two
or more parties to a dispute during which they are engaged in
mediation.
(15) "Mediator" means a neutral and impartial facilitator
with no decision-making power who assists parties in negotiating a mutually acceptable settlement of issues in dispute
between them.
(16) "Person" has the meaning in RCW 64.34.020.
(17) "Public offering statement" has the meaning in
RCW 64.34.410.
(18) "Qualified insurer" means an entity that holds a certificate of authority under RCW 48.05.030, or an eligible
insurer under chapter 48.15 RCW.
(19) "Qualified warranty" means an insurance policy
issued by a qualified insurer that complies with the requirements of this chapter. A qualified warranty includes coverage for repair of physical damage caused by the defects covered by the qualified warranty, except to the extent of any
exclusions and limitations under this chapter.
(2004 Ed.)
Condominiums—Qualified Warranties
(20) "Resale certificate" means the statement to be delivered by the association under RCW 64.34.425.
(21) "Transition date" means the date on which the
declarant is required to deliver to the association the property
of the association under RCW 64.34.312.
(22) "Unit" has the meaning in RCW 64.34.020.
(23) "Unit owner" has the meaning in RCW 64.34.020.
[2004 c 201 § 101.]
64.35.106
64.35.106 Qualified warrantees—Application of
RCW 48.01.040. All qualified warrantees shall be deemed
to be "insurance" for purposes of RCW 48.01.040, and shall
be regulated as such. [2004 c 201 § 2001.]
64.35.110
64.35.110 No duty to offer a qualified warranty—
Insurer sets terms—Scope of inquiry—Conditions. (1)
No insurer is bound to offer a qualified warranty to any person. Except as specifically set forth in this section, the terms
of any qualified warranty are set in the sole discretion of the
qualified insurer. Without limiting the generality of this subsection, a qualified insurer may make inquiries about the
applicant as follows:
(a) Does the applicant have the financial resources to
undertake the construction of the number of units being proposed by the applicant's business plan for the following
twelve months;
(b) Does the applicant and its directors, officers, employees, and consultants possess the necessary technical expertise
to adequately perform their individual functions with respect
to their proposed role in the construction and sale of units;
(c) Does the applicant and its directors and officers have
sufficient experience in business management to properly
manage the unit construction process;
(d) Does the applicant and its directors, officers, and
employees have sufficient practical experience to undertake
the proposed unit construction;
(e) Does the past conduct of the applicant and its directors, officers, employees, and consultants provide a reasonable indication of good business practices, and reasonable
grounds for belief that its undertakings will be carried on in
accordance with all legal requirements; and
(f) Is the applicant reasonably able to provide, or to cause
to be provided, after-sale customer service for the units to be
constructed.
(2) A qualified insurer may charge a fee to make the
inquiries permitted by subsection (1) of this section.
(3) Before approving a qualified warranty for a condominium, a qualified insurer may make such inquiries and
impose such conditions as it deems appropriate in its sole discretion, including without limitation the following:
(a) To determine if the applicant has the necessary capitalization or financing in place, including any reasonable contingency reserves, to undertake construction of the proposed
unit;
(b) To determine if the applicant or, in the case of a corporation, its directors, officers, employees, and consultants
possess reasonable technical expertise to construct the proposed unit, including specific technical knowledge or expertise in any building systems, construction methods, products,
(2004 Ed.)
64.35.120
treatments, technologies, and testing and inspection methods
proposed to be employed;
(c) To determine if the applicant or, in the case of a corporation, its directors, officers, employees, and consultants
have sufficient practical experience in the specific types of
construction to undertake construction of the proposed unit;
(d) To determine if the applicant has sufficient personnel
and other resources to adequately undertake the construction
of the proposed unit in addition to other units which the applicant may have under construction or is currently marketing;
(e) To determine if:
(i) The applicant is proposing to engage a general contractor to undertake all or a significant portion of the construction of the proposed unit; and
(ii) The general contractor meets the criteria set out in
this section;
(f) Requiring that a declarant provide security in a form
suitable to the qualified insurer;
(g) Establishing or requiring compliance with specific
construction standards for the unit;
(h) Restricting the applicant from constructing some
types of units or using some types of construction or systems;
(i) Requiring the use of specific types of systems, consultants, or personnel for the construction;
(j) Requiring an independent review of the unit building
plans or consultants' reports or any part thereof;
(k) Requiring third-party verification or certification of
the construction of the unit or any part thereof;
(l) Providing for inspection of the unit or any part thereof
during construction;
(m) Requiring ongoing monitoring of the unit, or one or
more of its components, following completion of construction;
(n) Requiring that the declarant or any of the design professionals, engineering professionals, consultants, general
contractors, or subcontractors maintain minimum levels of
insurance, bonding, or other security naming the potential
owners and qualified insurer as loss payees or beneficiaries of
the insurance, bonding, or security to the extent possible;
(o) Requiring that the declarant provide a list of all
design professionals and other consultants who are involved
in the design or construction inspection, or both, of the unit;
(p) Requiring that the declarant provide a list of trades
employed in the construction of the unit, and requiring evidence of their current trade's certification, if applicable.
[2004 c 201 § 1901.]
64.35.115
64.35.115 Attorneys' fees. In any judicial proceeding
or arbitration brought to enforce the terms of a qualified warranty, the court or arbitrator may award reasonable attorneys'
fees to the substantially prevailing party. In no event may
such fees exceed the reasonable hourly value of the attorney's
work. [2004 c 201 § 1701.]
64.35.120
64.35.120 Change of ownership—Coverage transfers. (1) A qualified warranty pertains solely to the unit and
common elements for which it provides coverage and no
notice to the qualified insurer is required on a change of ownership.
[Title 64 RCW—page 51]
64.35.205
Title 64 RCW: Real Property and Conveyances
(2) All of the applicable unused benefits under a qualified warranty with respect to a unit are automatically transferred to any subsequent owner on a change of ownership.
[2004 c 201 § 1801.]
ARTICLE 2
REMEDY, PROCEDURE, AND DISCLOSURE
UNDER A QUALIFIED WARRANTY
64.35.205 Qualified warranty—Remedy and procedure—Application of chapter 64.50 RCW. No declarant,
affiliate of a declarant, or construction professional is liable
to a unit owner or an association for damages awarded for
repair of construction defects and resulting physical damage,
and chapter 64.50 RCW shall not apply if: (1) Every unit is
the subject of a qualified warranty; and (2) the association has
been issued a qualified warranty with respect to the common
elements. If a construction professional agrees on terms satisfactory to the qualified insurer to partially or fully indemnify the qualified insurer with respect to a defect caused by
the construction professional, the liability of the construction
professional for the defect and resulting physical damage
caused by him or her shall not exceed damages recoverable
under the terms of the qualified warranty for the defect. Any
indemnity claim by the qualified insurer shall be by separate
action or arbitration, and no unit owner or association shall be
joined therein. A qualified warranty may also be provided in
the case of improvements made or contracted for by a
declarant as part of a conversion condominium, and in such
case, declarant's liability with respect to such improvements
shall be limited as set forth in this section. [2004 c 201 §
201.]
64.35.205
64.35.210 Notice of qualified warranty—History of
claims. (1) Every public offering statement and resale certificate shall affirmatively state whether or not the unit and/or
the common elements are covered by a qualified warranty,
and shall provide to the best knowledge of the person preparing the public offering statement or resale certificate a history
of claims under the warranty.
(2) The history of claims must include, for each claim,
not less than the following information for the unit and/or the
common elements, as applicable, to the best knowledge of
the person providing the information:
(a) The type of claim that was made;
(b) The resolution of the claim;
(c) The type of repair performed;
(d) The date of the repair;
(e) The cost of the repair; and
(f) The name of the person or entity who performed the
repair. [2004 c 201 § 301.]
64.35.210
and (ii) subject to subsection (2) of this section, coverage for
a violation of the building code;
(b) In the first fifteen months, for the common elements,
(i) coverage for any defect in materials and labor; and (ii)
subject to subsection (2) of this section, coverage for a violation of the building code;
(c) In the first twenty-four months, (i) coverage for any
defect in materials and labor supplied for the electrical,
plumbing, heating, ventilation, and air conditioning delivery
and distribution systems; (ii) coverage for any defect in materials and labor supplied for the exterior cladding, caulking,
windows, and doors that may lead to detachment or material
damage to the unit or common elements; (iii) coverage for
any defect in materials and labor which renders the unit unfit
to live in; and (iv) subject to subsection (2) of this section,
coverage for a violation of the building code.
(2) Noncompliance with the building code is considered
a defect covered by a qualified warranty if the noncompliance:
(a) Constitutes an unreasonable health or safety risk; or
(b) Has resulted in, or is likely to result in, material damage to the unit or common elements. [2004 c 201 § 401.]
64.35.310
64.35.310 Five-year building envelope warranty. The
minimum coverage for the building envelope warranty is five
years for defects in the building envelope of a condominium,
including a defect which permits unintended water penetration so that it causes, or is likely to cause, material damage to
the unit or common elements. [2004 c 201 § 402.]
64.35.315
64.35.315 Ten-year structural defects warranty. The
minimum coverage for the structural defects warranty is ten
years for:
(1) Any defect in materials and labor that results in the
failure of a load-bearing part of the condominium; and
(2) Any defect which causes structural damage that
materially and adversely affects the use of the condominium
for residential occupancy. [2004 c 201 § 403.]
64.35.320
64.35.320 Beginning dates for warranty coverage.
(1) For the unit, the beginning date of the qualified warranty
coverage is the earlier of:
(a) Actual occupancy of the unit; or
(b) Transfer of legal title to the unit.
(2) For the common elements, the beginning date of a
qualified warranty is the date a temporary or final certificate
of occupancy is issued for the common elements in each separate multiunit building, comprised by the condominium.
[2004 c 201 § 404.]
64.35.325
ARTICLE 3
MINIMUM COVERAGE STANDARDS FOR
QUALIFIED WARRANTIES
64.35.305 Two-year materials and labor warranty—
Noncompliance with building code. (1) The minimum coverage for the two-year materials and labor warranty is:
(a) In the first twelve months, for other than the common
elements, (i) coverage for any defect in materials and labor;
64.35.305
[Title 64 RCW—page 52]
64.35.325 Beginning dates for warranty coverage—
Special cases—Declarant control. (1) If an unsold unit is
occupied as a rental unit, the qualified warranty beginning
date for such unit is the date the unit is first occupied.
(2) If the declarant subsequently offers to sell a unit
which is rented, the declarant must disclose, in writing, to
each prospective purchaser, the date on which the qualified
warranty expires.
(3) If the declarant retains any declarant control over the
association on the date that is fourteen full calendar months
(2004 Ed.)
Condominiums—Qualified Warranties
following the month in which the beginning date for common
element warranty coverage commences, the declarant shall
within thirty days thereafter cause an election to be held in
which the declarant may not vote, for the purpose of electing
one or more board members who are empowered to make
warranty claims. If at such time, one or more independent
board members hold office, no additional election need be
held, and such independent board members are empowered to
make warranty claims. The declarant shall inform all independent board members of their right to make warranty
claims at no later than sixteen full calendar months following
the beginning date of the common element warranty. [2004 c
201 § 405.]
64.35.330
64.35.330 Living expense allowance. (1) If repairs are
required under the qualified warranty and damage to the unit,
or the extent of the repairs renders the unit uninhabitable, the
qualified warranty must cover reasonable living expenses
incurred by the owner to live elsewhere in an amount commensurate with the nature of the unit.
(2) If a qualified insurer establishes a maximum amount
per day for claims for living expenses, the limit must be the
greater of one hundred dollars per day or a reasonable amount
commensurate with the nature of the unit for the complete
reimbursement of the actual accommodation expenses
incurred by the owner at a hotel, motel, or other rental accommodation up to the day the unit is ready for occupancy, subject to the owner receiving twenty-four hours' advance
notice. [2004 c 201 § 406.]
64.35.335
64.35.335 Warranty on repairs and replacements.
(1) All repairs and replacements made under a qualified warranty must be warranted by the qualified warranty against
defects in materials and labor until the later of:
(a) The first anniversary of the date of completion of the
repair or replacement; or
(b) The expiration of the applicable qualified warranty
coverage.
(2) All repairs and replacements made under a qualified
warranty must be completed in a reasonable manner using
materials and labor conforming to the building code and
industry standards. [2004 c 201 § 407.]
ARTICLE 4
QUALIFIED WARRANTY TERMS
64.35.405
64.35.405 Provisions a qualified insurer may include.
A qualified insurer may include any of the following provisions in a qualified warranty:
(1) If the qualified insurer makes a payment or assumes
liability for any payment or repair under a qualified warranty,
the owner and association must fully support and assist the
qualified insurer in pursuing any rights that the qualified
insurer may have against the declarant, and any construction
professional that has contractual or common law obligations
to the declarant, whether such rights arose by contract, subrogation, or otherwise.
(2) Warranties or representations made by a declarant
which are in addition to the warranties set forth in this chapter
are not binding on the qualified insurer unless and to the
(2004 Ed.)
64.35.410
extent specifically provided in the text of the warranty; and
disclaimers of specific defects made by agreement between
the declarant and the unit purchaser under RCW 64.34.450
act as an exclusion of the specified defect from the warranty
coverage.
(3) An owner and the association must permit the qualified insurer or declarant, or both, to enter the unit at reasonable times, after reasonable notice to the owner and the association:
(a) To monitor the unit or its components;
(b) To inspect for required maintenance;
(c) To investigate complaints or claims; or
(d) To undertake repairs under the qualified warranty.
If any reports are produced as a result of any of the activities referred to in (a) through (d) of this subsection, the
reports must be provided to the owner and the association.
(4) An owner and the association must provide to the
qualified insurer all information and documentation that the
owner and the association have available, as reasonably
required by the qualified insurer to investigate a claim or
maintenance requirement, or to undertake repairs under the
qualified warranty.
(5) To the extent any damage to a unit is caused or made
worse by the unreasonable refusal of the association, or an
owner or occupant to permit the qualified insurer or declarant
access to the unit for the reasons in subsection (3) of this section, or to provide the information required by subsection (4)
of this section, that damage is excluded from the qualified
warranty.
(6) In any claim under a qualified warranty issued to the
association, the association shall have the sole right to prosecute and settle any claim with respect to the common elements. [2004 c 201 § 501.]
64.35.410
64.35.410 Authorized exclusions—General. (1) A
qualified insurer may exclude from a qualified warranty:
(a) Landscaping, both hard and soft, including plants,
fencing, detached patios, planters not forming a part of the
building envelope, gazebos, and similar structures;
(b) Any commercial use area and any construction associated with a commercial use area;
(c) Roads, curbs, and lanes;
(d) Subject to subsection (2) of this section, site grading
and surface drainage except as required by the building code;
(e) Municipal services operation, including sanitary and
storm sewer;
(f) Septic tanks or septic fields;
(g) The quality or quantity of water, from either a piped
municipal water supply or a well;
(h) A water well, but excluding equipment installed for
the operation of a water well used exclusively for a unit,
which equipment is part of the plumbing system for that unit
for the purposes of the qualified warranty.
(2) The exclusions permitted by subsection (1) of this
section do not include any of the following:
(a) A driveway or walkway;
(b) Recreational and amenity facilities situated in, or
included as the common property of, a unit;
(c) A parking structure in a multiunit building;
(d) A retaining wall that:
[Title 64 RCW—page 53]
64.35.415
Title 64 RCW: Real Property and Conveyances
(i) An authority with jurisdiction requires to be designed
by a professional engineer; or
(ii) Is reasonably required for the direct support of, or
retaining soil away from, a unit, driveway, or walkway.
[2004 c 201 § 601.]
64.35.415 Authorized exclusions—Defects. A qualified insurer may exclude any or all of the following items
from a qualified warranty:
(1) Weathering, normal wear and tear, deterioration, or
deflection consistent with normal industry standards;
(2) Normal shrinkage of materials caused by drying after
construction;
(3) Any loss or damage which arises while a unit is being
used primarily or substantially for nonresidential purposes;
(4) Materials, labor, or design supplied by an owner;
(5) Any damage to the extent caused or made worse by
an owner or third party, including:
(a) Negligent or improper maintenance or improper
operation by anyone other than the declarant or its employees, agents, or subcontractors;
(b) Failure of anyone, other than the declarant or its
employees, agents, or subcontractors, to comply with the
warranty requirements of the manufacturers of appliances,
equipment, or fixtures;
(c) Alterations to the unit, including converting nonliving space into living space or converting a unit into two or
more units, by anyone other than the declarant or its employees, agents, or subcontractors while undertaking their obligations under the sales contract; and
(d) Changes to the grading of the ground by anyone other
than the declarant or its employees, agents, or subcontractors;
(6) An owner failing to take timely action to prevent or
minimize loss or damage, including failing to give prompt
notice to the qualified insurer of a defect or discovered loss,
or a potential defect or loss;
(7) Any damage caused by insects, rodents, or other animals, unless the damage results from noncompliance with the
building code by the declarant or its employees, agents, or
subcontractors;
(8) Accidental loss or damage from acts of nature including, but not limited to, fire, explosion, smoke, water escape,
glass breakage, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, earthquake, avalanche, landslide, and
changes in the level of the underground water table which are
not reasonably foreseeable by the declarant;
(9) Bodily injury or damage to personal property or real
property which is not part of a unit;
(10) Any defect in, or caused by, materials or work supplied by anyone other than the declarant, an affiliate of a
declarant, or their respective contractors, employees, agents,
or subcontractors;
(11) Changes, alterations, or additions made to a unit by
anyone after initial occupancy, except those performed by the
declarant or its employees, agents, or subcontractors as
required by the qualified warranty or under the construction
contract or sales agreement;
(12) Contaminated soil;
(13) Subsidence of the land around a unit or along utility
lines, other than subsidence beneath footings of a unit or
under driveways or walkways;
64.35.415
[Title 64 RCW—page 54]
(14) Diminution in the value of the unit. [2004 c 201 §
701.]
64.35.420
64.35.420 Limits on amounts—Calculation of costs—
Adjustments. (1) A qualified insurer may establish a monetary limit on the amount of the warranty. Any limit must not
be less than:
(a) For a unit, the lesser of (i) the original purchase price
paid by the owner, or (ii) one hundred thousand dollars;
(b) For common elements, the lesser of (i) the total original purchase price for all components of the multiunit building, or (ii) one hundred fifty thousand dollars times the number of units of the condominium.
(2) When calculating the cost of warranty claims under
the standard limits under a qualified warranty, a qualified
insurer may include:
(a) The cost of repairs;
(b) The cost of any investigation, engineering, and
design required for the repairs; and
(c) The cost of supervision of repairs, including professional review, but excluding legal costs.
(3) The minimum amounts in subsections (1) and (2) of
this section shall be adjusted at the end of each calendar year
after the effective date by an amount equal to the percentage
change in the consumer price index for all urban consumers,
all items, as published from time to time by the United States
department of labor. The adjustment does not affect any
qualified warranty issued before the adjustment date. [2004
c 201 § 801.]
64.35.425
64.35.425 Prohibited policy provisions—Exclusions.
(1) A qualified insurer must not include in a qualified warranty any provision that requires an owner or the association:
(a) To sign a release before repairs are performed under
the qualified warranty; or
(b) To pay a deductible in excess of five hundred dollars
for the repair of any defect in a unit covered by the qualified
warranty, or in excess of the lesser of five hundred dollars per
unit or ten thousand dollars in the aggregate for any defect in
the common elements.
(2) All exclusions must be permitted by this chapter and
stated in the qualified warranty. [2004 c 201 § 901.]
ARTICLE 5
DUTIES OF PARTIES REGARDING
COVERAGE AND CLAIMS
64.35.505
64.35.505 Failure to provide information—Conditions or exclusions may not apply. (1) If coverage under a
qualified warranty is conditional on an owner undertaking
proper maintenance, or if coverage is excluded for damage
caused by negligence by the owner or association with
respect to maintenance or repair by the owner or association,
the conditions or exclusions apply only to maintenance
requirements or procedures: (a) Provided to the original
owner in the case of the unit warranty, and to the association
for the common element warranty with an estimation of the
required cost thereof for the common element warranty provided in the budget prepared by the declarant; or (b) that
would be obvious to a reasonable and prudent layperson.
(2004 Ed.)
Condominiums—Qualified Warranties
Recommended maintenance requirements and procedures are
sufficient for purposes of this subsection if consistent with
knowledge generally available in the construction industry at
the time the qualified warranty is issued.
(2) If an original owner or the association has not been
provided with the manufacturer's documentation or warranty
information, or both, or with recommended maintenance and
repair procedures for any component of a unit, the relevant
exclusion does not apply. The common element warranty is
included in the written warranty to be provided to the association under RCW 64.34.312. [2004 c 201 § 1001.]
64.35.510
64.35.510 Schedule of expiration dates must be provided. (1) A qualified insurer must, as soon as reasonably
possible after the beginning date for the qualified warranty,
provide an owner and association with a schedule of the expiration dates for coverages under the qualified warranty as
applicable to the unit and the common elements, respectively.
(2) The expiration date schedule for a unit must set out
all the required dates on an adhesive label that is a minimum
size of four inches by four inches and is suitable for affixing
by the owner in a conspicuous location in the unit. [2004 c
201 § 1101.]
64.35.515
64.35.515 Duty to mitigate may be required. (1) The
qualified insurer may require an owner or association to mitigate any damage to a unit or the common elements, including damage caused by defects or water penetration, as set out
in the qualified warranty.
(2) Subject to subsection (3) of this section, for defects
covered by the qualified warranty, the duty to mitigate is met
through timely notice in writing to the qualified insurer.
(3) The owner must take all reasonable steps to restrict
damage to the unit if the defect requires immediate attention.
(4) The owner's duty to mitigate survives even if:
(a) The unit is unoccupied;
(b) The unit is occupied by someone other than the
owner;
(c) Water penetration does not appear to be causing damage; or
(d) The owner advises the homeowners' association corporation about the defect.
(5) If damage to a unit is caused or made worse by the
failure of an owner to take reasonable steps to mitigate as set
out in this section, the damage may, at the option of the qualified insurer, be excluded from qualified warranty coverage.
[2004 c 201 § 1201.]
64.35.520
64.35.520 Notice of claim—Reasonable timeliness
and detail—Contents. (1) Within a reasonable time after
the discovery of a defect and before the expiration of the
applicable qualified warranty coverage, a claimant must give
to the qualified insurer and the declarant written notice in reasonable detail that provides particulars of any specific defects
covered by the qualified warranty.
(2) The qualified insurer may require the notice under
subsection (1) of this section to include:
(a) The qualified warranty number; and
(b) Copies of any relevant documentation and correspondence between the claimant and the declarant, to the extent
(2004 Ed.)
64.35.605
any such documentation and correspondence is in the control
or possession of the claimant. [2004 c 201 § 1301.]
64.35.525
64.35.525 Handling of claim—Prompt response—
Procedures. A qualified insurer must, on receipt of a notice
of a claim under a qualified warranty, promptly make reasonable attempts to contact the claimant to arrange an evaluation
of the claim. Claims shall be handled in accordance with the
claims procedures set forth in rules by the insurance commissioner, and as follows:
(1) The qualified insurer must make all reasonable
efforts to avoid delays in responding to a claim under a qualified warranty, evaluating the claim, and scheduling any
required repairs.
(2) If, after evaluating a claim under a qualified warranty, the qualified insurer determines that the claim is not
valid, or not covered under the qualified warranty, the qualified insurer must: (a) Notify the claimant of the decision in
writing; (b) set out the reasons for the decision; and (c) set out
the rights of the parties under the third-party dispute resolution process for the warranty.
(3) Repairs must be undertaken in a timely manner, with
reasonable consideration given to weather conditions and the
availability of materials and labor.
(4) On completing any repairs, the qualified insurer must
deliver a copy of the repair specifications to the claimant
along with a letter confirming the date the repairs were completed and referencing the repair warranty provided for in
RCW 64.35.335. [2004 c 201 § 1401.]
ARTICLE 6
MEDIATION OR ARBITRATION OF DISPUTES
64.35.605
64.35.605 Disputed claim—Notice—Mediation procedures—Duties of parties. (1) If a dispute between a qualified insurer and a claimant arising under a qualified warranty
cannot be resolved by informal negotiation within a reasonable time, the claimant or qualified insurer may require that
the dispute be referred to mediation by delivering written
notice to the other to mediate.
(2) If a party delivers a request to mediate under subsection (1) of this section, the qualified insurer and the party
must attend a mediation session in relation to the dispute and
may invite to participate in the mediation any other party to
the dispute who may be liable.
(3) Within twenty-one days after the party has delivered
a request to mediate under subsection (1) of this section, the
parties must, directly or with the assistance of an independent, neutral person or organization, jointly appoint a mutually acceptable mediator.
(4) If the parties do not jointly appoint a mutually acceptable mediator within the time required by subsection (3) of
this section, the party may apply to the superior court of the
county where the project is located, which must appoint a
mediator taking into account:
(a) The need for the mediator to be neutral and independent;
(b) The qualifications of the mediator;
(c) The mediator's fees;
(d) The mediator's availability; and
[Title 64 RCW—page 55]
64.35.610
Title 64 RCW: Real Property and Conveyances
(e) Any other consideration likely to result in the selection of an impartial, competent, and effective mediator.
(5) After selecting the mediator under subsection (4) of
this section, the superior court must promptly notify the parties in writing of that selection.
(6) The mediator selected by the superior court is
deemed to be appointed by the parties effective the date of the
notice sent under subsection (5) of this section.
(7) The first mediation session must occur within
twenty-one days of the appointment of the mediator at the
date, time, and place selected by the mediator.
(8) A party may attend a mediation session by representative if:
(a) The party is under a legal disability and the representative is that party's guardian ad litem;
(b) The party is not an individual; or
(c) The party is a resident of a jurisdiction other than
Washington and will not be in Washington at the time of the
mediation session.
(9) A representative who attends a mediation session in
the place of a party as permitted by subsection (8) of this section:
(a) Must be familiar with all relevant facts on which the
party, on whose behalf the representative attends, intends to
rely; and
(b) Must have full authority to settle, or have immediate
access to a person who has full authority to settle, on behalf
of the party on whose behalf the representative attends.
(10) A party or a representative who attends the mediation session may be accompanied by counsel.
(11) Any other person may attend a mediation session on
consent of all parties or their representatives.
(12) At least seven days before the first mediation session is to be held, each party must deliver to the mediator a
statement briefly setting out:
(a) The facts on which the party intends to rely; and
(b) The matters in dispute.
(13) The mediator must promptly send each party's statement to each of the other parties.
(14) Before the first mediation session, the parties must
enter into a retainer agreement with the mediator which must:
(a) Disclose the cost of the mediation services; and
(b) Provide that the cost of the mediation will be paid:
(i) Equally by the parties; or
(ii) On any other specified basis agreed by the parties.
(15) The mediator may conduct the mediation in any
manner he or she considers appropriate to assist the parties to
reach a resolution that is timely, fair, and cost-effective.
(16) A person may not disclose, or be compelled to disclose, in any proceeding, oral or written information acquired
or an opinion formed, including, without limitation, any offer
or admission made in anticipation of or during a mediation
session.
(17) Nothing in subsection (16) of this section precludes
a party from introducing into evidence in a proceeding any
information or records produced in the course of the mediation that are otherwise producible or compellable in those
proceedings.
(18) A mediation session is concluded when:
(a) All issues are resolved;
[Title 64 RCW—page 56]
(b) The mediator determines that the process will not be
productive and so advises the parties or their representatives;
or
(c) The mediation session is completed and there is no
agreement to continue.
(19) If the mediation resolves some but not all issues, the
mediator may, at the request of all parties, complete a report
setting out any agreements made as a result of the mediation,
including, without limitation, any agreements made by the
parties on any of the following:
(a) Facts;
(b) Issues; and
(c) Future procedural steps. [2004 c 201 § 1501.]
64.35.610 Disputed claim—Notice—Arbitration procedures—Duties of parties. A qualified warranty may
include mandatory binding arbitration of all disputes arising
out of or in connection with a qualified warranty. The provision may provide that all claims for a single condominium be
heard by the same arbitrator, but shall not permit the joinder
or consolidation of any other person or entity. The arbitration
shall comply with the following minimum procedural standards:
(1) Any demand for arbitration shall be delivered by certified mail return receipt requested, and by ordinary first class
mail. The party initiating the arbitration shall address the
notice to the address last known to the initiating party in the
exercise of reasonable diligence, and also, for any entity
which is required to have a registered agent in the state of
Washington, to the address of the registered agent. Demand
for arbitration is deemed effective three days after the date
deposited in the mail;
(2) All disputes shall be heard by one qualified arbitrator,
unless the parties agree to use three arbitrators. If three arbitrators are used, one shall be appointed by each of the disputing parties and the first two arbitrators shall appoint the third,
who will chair the panel. The parties shall select the identity
and number of the arbitrator or arbitrators after the demand
for arbitration is made. If, within thirty days after the effective date of the demand for arbitration, the parties fail to agree
on an arbitrator or the agreed number of arbitrators fail to be
appointed, then an arbitrator or arbitrators shall be appointed
under RCW 7.04.050 by the presiding judge of the superior
court of the county in which the condominium is located;
(3) In any arbitration, at least one arbitrator must be a
lawyer or retired judge. Any additional arbitrator must be
either a lawyer or retired judge or a person who has experience with construction and engineering standards and practices, written construction warranties, or construction dispute
resolution. No person may serve as an arbitrator in any arbitration in which that person has any past or present financial
or personal interest;
(4) The arbitration hearing must be conducted in a manner that permits full, fair, and expeditious presentation of the
case by both parties. The arbitrator is bound by the law of
Washington state. Parties may be, but are not required to be,
represented by attorneys. The arbitrator may permit discovery to ensure a fair hearing, but may limit the scope or manner of discovery for good cause to avoid excessive delay and
costs to the parties. The parties and the arbitrator shall use all
reasonable efforts to complete the arbitration within six
64.35.610
(2004 Ed.)
Timeshare Regulation
months of the effective date of the demand for arbitration or,
when applicable, the service of the list of defects in accordance with RCW 64.50.030;
(5) Except as otherwise set forth in this section, arbitration shall be conducted under chapter 7.04 RCW, unless the
parties elect to use the construction industry arbitration rules
of the American arbitration association, which are permitted
to the extent not inconsistent with this section. The expenses
of witnesses including expert witnesses shall be paid by the
party producing the witnesses. All other expenses of arbitration shall be borne equally by the parties, unless all parties
agree otherwise or unless the arbitrator awards expenses or
any part thereof to any specified party or parties. The parties
shall pay the fees of the arbitrator as and when specified by
the arbitrator;
(6) Demand for arbitration given pursuant to subsection
(1) of this section commences a judicial proceeding for purposes of RCW 64.34.452;
(7) The arbitration decision shall be in writing and must
set forth findings of fact and conclusions of law that support
the decision. [2004 c 201 § 1601.]
64.36.140
64.36.150
ARTICLE 9
MISCELLANEOUS
64.36.330
64.35.900
64.35.900 Captions not law—2004 c 201. Captions
and part headings used in this act are not any part of the law.
[2004 c 201 § 2002.]
64.35.901
64.35.901 Severability—2004 c 201.
64.34.921.
Chapter 64.36
See RCW
Chapter 64.36 RCW
TIMESHARE REGULATION
Sections
64.36.010
64.36.020
64.36.025
64.36.028
64.36.030
64.36.035
64.36.040
64.36.050
64.36.060
64.36.070
64.36.081
64.36.085
64.36.090
64.36.100
64.36.110
64.36.120
64.36.130
(2004 Ed.)
Definitions.
Registration required before advertisement, solicitation, or
offer—Requirements for registration—Exemption authorized—Penalties.
Timeshare interest reservation—Definition—Registration
required—Promoter's obligations—Deposits—Escrow—
Purchaser cancellation rights—Insolvency prior to completion.
Timeshare interest—Incomplete projects or facilities—Promoter's obligations—Funds—Purchaser's rights.
Application for registration—Contents.
Applications for registration, consents to service, affidavits,
and permits to market—Authorized signatures required—
Corporate shield disclaimer prohibited.
Application for registration—When effective.
Timeshare offering—Duration of registration—Renewal—
Amendment—Penalties.
Application for registration—Acceptance of disclosure documents—Waiver of information—Additional information.
Registration as timeshare salesperson required—Exemption.
Fees.
Inspections of projects—Identification of inspectors.
Disciplinary action against a timeshare salesperson's application, registration, or license—Unprofessional conduct.
Disciplinary action—Unprofessional conduct—Other conduct, acts, or conditions.
Requirements of transfer of promoter's interest—Notice to
purchaser.
Good faith required—Provision relieving person from duty
prohibited—Out-of-state jurisdiction or venue designation
void.
Impoundment of proceeds from sales authorized—Establishment of trusts, escrows, etc.
64.36.160
64.36.170
64.36.185
64.36.195
64.36.200
64.36.210
64.36.220
64.36.225
64.36.240
64.36.250
64.36.260
64.36.270
64.36.290
64.36.310
64.36.320
64.36.340
64.36.900
64.36.901
64.36.010
Disclosure document—Contents.
Disclosure document to prospective purchasers—Cancellation
and refund—Voidable agreement.
Application of liability provisions.
Noncompliance—Unfair practice under chapter 19.86 RCW.
Director's powers—Employment of outside persons for advice
on project operating budget—Reimbursement by promoter—Notice and hearing.
Assurances of discontinuance—Violation of assurance constitutes unprofessional conduct.
Cease and desist order—Notification—Hearing.
Unlawful acts—Penalties.
Injunction, restraining order, writ of mandamus—Costs and
attorney's fees—Penalties—Appointment of receiver or conservator.
Liability of registrant or applicant for costs of proceedings.
Liability for violation of chapter.
Appointment of director to receive service—Requirements for
effective service.
Certain acts not constituting findings or approval by the director—Certain representations unlawful.
Rules, forms, and orders—Interpretive opinions.
Application of chapters 21.20, 58.19, and 19.105 RCW—
Exemption of certain camping and outdoor recreation enterprises.
Copy of advertisement to be filed with director before publication—Application of chapter limited.
Free gifts, awards, and prizes—Security arrangement required
of promisor—Other requirements—Private causes of action.
Membership lists available for members and owners—Conditions—Exclusion of members' names from list—Commercial use of list.
Uniform regulation of business and professions act.
Short title.
Severability—1983 1st ex.s. c 22.
64.36.010
64.36.010 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Advertisement" means any written, printed, audio,
or visual communication which is published in whole or part
to sell, offer to sell, or solicit an offer for a timeshare.
(2) "Affiliate of a promoter" means any person who controls, is controlled by, or is under the control of a promoter.
(3) "Commercial promotional programs" mean packaging or putting together advertising or promotional materials
involving promises of gifts, prizes, awards, or other items of
value to solicit prospective purchasers to purchase a product
or commodity.
(4) "Director" means the director of licensing.
(5) "Interval" means that period of time when a timeshare owner is entitled to the possession and use of the timeshare unit.
(6) "Offer" means any inducement, solicitation, or
attempt to encourage any person to acquire a timeshare.
(7) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture,
or other legal or commercial entity.
(8) "Promoter" means any person directly or indirectly
instrumental in organizing, wholly or in part, a timeshare
offering.
(9) "Purchaser" means any person, other than a promoter, who by means of a voluntary transfer acquires a legal
or equitable interest in a timeshare, other than as security for
an obligation.
(10) "Sale" or "sell" includes every contract of sale of,
contract to sell, or disposition of, a timeshare for value.
(11) "Timeshare" means a right to occupy a unit or any
of several units during three or more separate time periods
[Title 64 RCW—page 57]
64.36.020
Title 64 RCW: Real Property and Conveyances
over a period of at least three years, including renewal
options, whether or not coupled with an estate in land.
(12) "Timeshare expenses" means expenditures, fees,
charges, or liabilities: (a) Incurred with respect to the timeshares by or on behalf of all timeshare owners in one timeshare property; and (b) imposed on the timeshare units by the
entity governing a project of which the timeshare property is
a part, together with any allocations to reserves but excluding
purchase money payable for timeshares.
(13) "Timeshare instrument" means one or more documents, by whatever name denominated, creating or regulating timeshares.
(14) "Timeshare owner" means a person who is an owner
or co-owner of a timeshare. If title to a timeshare is held in
trust, "timeshare owner" means the beneficiary of the trust.
(15) "Timeshare salesperson" means any natural person
who offers a timeshare unit for sale.
(16) "Unit" means the real or personal property, or portion thereof, in which the timeshare exists and which is designated for separate use. [1987 c 370 § 1; 1985 c 358 § 1;
1983 1st ex.s. c 22 § 1.]
64.36.020
64.36.020 Registration required before advertisement, solicitation, or offer—Requirements for registration—Exemption authorized—Penalties. (1) A timeshare
offering registration must be effective before any advertisement, solicitation of an offer, or any offer or sale of a timeshare may be made in this state.
(2) An applicant shall apply for registration by filing
with the director:
(a) A copy of the disclosure document prepared in accordance with RCW 64.36.140 and signed by the applicant;
(b) An application for registration prepared in accordance with RCW 64.36.030;
(c) An irrevocable consent to service of process signed
by the applicant;
(d) The prescribed registration fee; and
(e) Any other information the director may by rule
require in the protection of the public interest.
(3) The registration requirements do not apply to:
(a) An offer, sale, or transfer of not more than one timeshare in any twelve-month period;
(b) A gratuitous transfer of a timeshare;
(c) A sale under court order;
(d) A sale by a government or governmental agency;
(e) A sale by forfeiture, foreclosure, or deed in lieu of
foreclosure; or
(f) A sale of a timeshare property or all timeshare units
therein to any one purchaser.
(4) The director may by rule or order exempt any potential registrant from the requirements of this chapter if the
director finds registration is unnecessary for the protection of
the public interest.
(5)(a) Except as provided in (b) of this subsection, any
person who violates this section is guilty of a gross misdemeanor.
(b) Any person who knowingly violates this section is
guilty of a class C felony punishable according to chapter
9A.20 RCW.
[Title 64 RCW—page 58]
(c) No indictment or information for a felony may be
returned under this chapter more than five years after the
alleged violation. [2003 c 53 § 289; 1983 1st ex.s. c 22 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
64.36.025
64.36.025 Timeshare interest reservation—Definition—Registration required—Promoter's obligations—
Deposits—Escrow—Purchaser cancellation rights—
Insolvency prior to completion. (1) For the purpose of this
section, "timeshare interest reservation" means a revocable
right to purchase an interest in a timeshare project for which
construction has not yet been completed and an effective registration has been obtained under this chapter.
(2) An effective registration pursuant to this chapter is
required for any party to offer to sell a timeshare interest reservation. Promoters offering a timeshare interest reservation
under this section must provide the registered disclosure document required by RCW 64.36.140 to each prospective purchaser before he or she enters into a timeshare interest reservation. Prior to the signing of a purchase agreement, the subject property or properties must be completed, the timeshare
offering registration required by RCW 64.36.020 must be
amended to reflect any changes to the property and must be
reapproved by the department, the disclosure document
required by RCW 64.36.140 must be revised, and the new
version of the disclosure document must be provided to the
prospective purchaser.
(3) Deposits accepted by promoters on a timeshare interest reservation may be no more than twenty percent of the
total purchase price of the timeshare interest that is being purchased. Within one business day after being accepted by the
promoter, any deposit on a timeshare interest reservation
shall be deposited in an account in a federally insured depository located in the state of Washington. This account must be
an escrow account wherein the deposited funds are held for
the benefit of the purchaser. The department may request that
deposits be placed in impoundment under RCW 64.36.130.
(4) In addition to the cancellation rights provided in
RCW 64.36.150, the purchaser has the right to cancel the purchase at any time before the signing of a purchase agreement.
If the purchaser notifies the promoter that he or she wishes to
cancel the timeshare interest reservation, the promoter must
refund the full amount of the deposit minus any account fees
within ten days of the notice.
(5) If prior to signing a purchase agreement the purchaser learns that the promoter proposes to raise the purchase
price above the price agreed to in the written reservation
agreement for the timeshare interest reservation, the written
reservation agreement is void and all deposit moneys including account fees shall be returned to the purchaser within ten
days after the purchaser learns of the proposed price increase.
(6) If the promoter charges account fees to pay for
administrative costs of holding the purchaser's funds in
escrow, these fees may be no more than one percent of the
total deposit paid towards the timeshare interest reservation
by the purchaser.
(7) The promoter shall provide instructions to the escrow
company for release of the funds to be held in escrow in compliance with this section and rules of the department.
(2004 Ed.)
Timeshare Regulation
(8) The purchaser's right to cancel and the amount of the
deposit proposed to be retained for account fees in the event
of cancellation must be included in the contract for the sale of
a timeshare interest reservation and the contract must state:
PURCHASER CANCELLATION RIGHTS
As a purchaser of a timeshare interest reservation, you have
the right to cancel this timeshare interest reservation and
receive a refund of all consideration paid (less only those
account fee deductions which were fully disclosed at the time
of the agreement) by providing written notice of the cancellation to the promoter or the promoter's agent at any time prior
to signing a purchase agreement. You also have a right to
cancel your purchase within seven days of signing a purchase
agreement.
(9) If it appears that the timeshare project will become or
does become insolvent prior to completion, the promoter
shall instruct the escrow company to immediately return all
deposits to purchasers of timeshare interest reservations. If
funds are returned under this subsection, the promoter may
not retain any portion of the deposits for account fees. [2002
c 226 § 2.]
64.36.028
64.36.028 Timeshare interest—Incomplete projects
or facilities—Promoter's obligations—Funds—Purchaser's rights. (1) An effective registration pursuant to this
chapter is required for any party to offer to sell a timeshare
interest. A promoter who offers to sell or sells revocable
timeshare interests in incomplete projects or facilities is limited by and must comply with all of the requirements of RCW
64.36.025. If a promoter seeks to enter into irrevocable purchase agreements with purchasers for timeshare interests in
incomplete projects or facilities, the promoter must meet the
requirements in this section in addition to RCW 64.36.020
and the following limitations and conditions apply:
(a) The promoter is limited to offering or selling only fee
simple deeded timeshare interests;
(b) Construction on the project must have begun by the
time the irrevocable purchase agreement is signed and the
purchaser must have the right to occupy the unit and use all
contracted for amenities no later than within two years of the
date that the irrevocable purchase agreement is signed;
(c) The promoter must establish an independent thirdparty escrow account for the purpose of protecting the funds
or other property paid, pledged, or deposited by purchasers;
(d) The promoter's solicitations, advertisements, and
promotional materials must clearly and conspicuously disclose that "THE PROJECT IS NOT YET COMPLETED; IT
IS STILL UNDER CONSTRUCTION"; and
(e) The promoter's solicitations, advertisements, and promotional materials and the timeshare interest purchase agreement must clearly and conspicuously provide for and disclose
the last possible estimated date for completion of construction of any building the promoter is contractually obligated to
the purchaser to complete.
(2) The timeshare interest purchase agreement must contain the following language in fourteen-point bold face type:
"If the building in which the timeshare interest is located and
all contracted for amenities are not completed by [estimated
date of completion], the purchaser has the right to void the
(2004 Ed.)
64.36.028
purchase agreement and is entitled to a full, unqualified
refund of all moneys paid."
(3) One hundred percent of all funds or other property
that is received from or on behalf of purchasers of timeshare
interests prior to the occurrence of events required in this section must be deposited pursuant to a third-party escrow
agreement approved by the director. For purposes of this section, "purchasers" includes all persons solicited, offered, or
who purchased a timeshare interest by a promoter within the
state of Washington. An escrow agent shall maintain the
account only in such a manner as to be under the direct supervision and control of the escrow agent. The escrow agent has
a fiduciary duty to each purchaser to maintain the escrow
accounts in accordance with good accounting practices and to
release the purchaser's funds or other property from escrow
only in accordance with this chapter. If the escrow agent
receives conflicting demands for funds or property held in
escrow, the escrow agent shall immediately notify the department of licensing of the dispute and the department shall
determine if and how the funds should be distributed. If the
purchaser, promoter, or escrow agent disagrees with the
department's determination, the parties have the right to
request an administrative hearing under chapter 34.05 RCW.
Funds may be released from the escrow account to the purchaser if the purchaser cancels within the cancellation period,
or to the promoter only when all three of the following conditions occur:
(a) The purchaser's cancellation period has expired;
(b) Closing has occurred; and
(c) Construction is complete and the building is ready to
occupy.
(4) In lieu of depositing purchaser funds into an escrow
account, the promoter may post with the department a bond
in an amount equal to or greater than the amount that would
otherwise be required to be placed into the escrow account.
(5) Any purchaser has the right to void the timeshare
purchase agreement and request a full, unqualified refund if
construction of the building in which the timeshare interest is
located or all contracted for amenities are not completed
within two years from the date that the irrevocable purchase
agreement is signed or by the last estimated date of construction contained in the irrevocable purchase agreement, whichever is earlier.
(6) If the completed timeshare building or contracted for
amenities are materially and adversely different from the
building or amenities that were promised to purchasers at the
time that the purchase agreements were signed, the director
may declare any or all of the purchaser contracts void.
Before declaring the contracts void, the director shall give the
promoter the opportunity for a hearing in accordance with
chapters 34.05 and 18.235 RCW.
(7) If the promoter intends to or does pledge or borrow
against funds or properties, that are held in escrow or protected by a bond, to help finance in whole or in part the construction of the timeshare project or to help pay for operating
costs, this must be fully, plainly, and conspicuously disclosed
in all written advertising, in all written solicitations for the
sale of the timeshare interests, in the registration with the
director, and in the purchase agreement or contract.
(8) A promoter who obtains an effective registration for
a revocable timeshare interest reservation must meet the
[Title 64 RCW—page 59]
64.36.030
Title 64 RCW: Real Property and Conveyances
requirements of this section in order to complete an irrevocable purchase agreement. [2003 c 348 § 1.]
64.36.030
64.36.030 Application for registration—Contents.
The application for registration signed by the promoter shall
contain the following information on a form prescribed by
the director:
(1) The following financial statements showing the
financial condition of the promoter and any affiliate:
(a) A balance sheet as of a date within four months
before the filing of the application for registration; and
(b) Statements of income, shareholders' equity, and
material changes in financial position as of the end of the last
fiscal year and for any period between the end of the last fiscal year and the date of the last balance sheet;
(2) A projected budget for the timeshare project for two
years after the offering being made, including but not limited
to source of revenues and expenses of construction, development, management, maintenance, advertisement, operating
reserves, interest, and any other necessary reserves;
(3) A statement of the selling costs per unit and total
sales costs for the project, including sales commissions,
advertisement fees, and fees for promotional literature;
(4) A description of the background of the promoters for
the previous ten years, including information about the business experience of the promoter and any relevant criminal
convictions, civil law suits, or administrative actions related
to such promotion during that period;
(5) A statement disclosing any fees in excess of the
stated price per unit to be charged to the purchasers, a
description of their purpose, and the method of calculation;
(6) A statement disclosing when and where the promoter
or an affiliate has previously sold timeshares;
(7) A statement of any liens, defects, or encumbrances
on or affecting the title to the timeshare units;
(8) Copies of all timeshare instruments; and
(9) Any additional information to describe the risks
which the director considers appropriate. [1983 1st ex.s. c 22
§ 4.]
64.36.035
64.36.035 Applications for registration, consents to
service, affidavits, and permits to market—Authorized
signatures required—Corporate shield disclaimer prohibited. (1) Applications, consents to service of process,
affidavits, and permits to market shall be signed by the promoter, unless a trustee or person with power of attorney is
specifically authorized to make such signatures. If the signature of a person with a power of attorney or trustee is used,
the filing of the signature shall include a copy of the authorizations for the signature. No promoter or other person
responsible under this chapter shall disclaim responsibility
because the signature of a trustee or attorney in fact, or other
substitute was used.
(2) If the promoter is a corporation or a general partnership, each natural person therein, with a ten percent or greater
interest or share in the promoter, shall, in addition to the promoter, be required to sign as required in this section, but may
authorize a trustee or a person with power of attorney to make
the signatures.
[Title 64 RCW—page 60]
(3) All persons required to use or authorizing the use of
their signatures in this section, individually or otherwise,
shall be responsible for affidavits, applications, and permits
signed, and for compliance with the provisions of this chapter. Individuals whose signatures are required under this section shall not disclaim their responsibilities because of any
corporate shield. [1987 c 370 § 2.]
64.36.040
64.36.040 Application for registration—When effective. If no stop order is in effect and no proceeding is pending
under RCW 64.36.100, a complete registration application
becomes effective at 3:00 p.m. Pacific Standard Time on the
afternoon of the thirtieth calendar day after the filing of the
application or the last amendment or at such earlier time as
the director determines. [2002 c 86 § 297; 1983 1st ex.s. c 22
§ 5.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
64.36.050
64.36.050 Timeshare offering—Duration of registration—Renewal—Amendment—Penalties. (1) A timeshare
offering is registered for a period of one year from the effective date of registration unless the director specifies a different period.
(2) Registration of a timeshare offering may be renewed
for additional periods of one year each, unless the director by
rule specifies a different period, by filing a renewal application with the director no later than thirty days before the expiration of the period in subsection (1) of this section and paying the prescribed fees. A renewal application shall contain
any information the director requires to indicate any material
changes in the information contained in the original application.
(3) If a material change in the condition of the promoter,
the promoter's affiliates, the timeshare project, or the operation or management of the timeshare project occurs during
any year, an amendment to the documents filed under RCW
64.36.030 shall be filed, along with the prescribed fees, as
soon as reasonably possible and before any further sales
occur.
(4) The promoter shall keep the information in the written disclosures reasonably current at all times by amending
the registration. If the promoter fails to amend and keep current the written disclosures or the registrations in instances of
material change, the director may require compliance under
RCW 64.36.100 and assess penalties. [1987 c 370 § 3; 1983
1st ex.s. c 22 § 6.]
64.36.060
64.36.060 Application for registration—Acceptance
of disclosure documents—Waiver of information—Additional information. (1) In lieu of the documents required to
be filed under RCW 64.36.030, the director may by rule
accept:
(a) Any disclosure document filed with agencies of the
United States or any other state;
(b) Any disclosure document compiled in accordance
with any rule of any agency of the United States or any other
state; or
(2004 Ed.)
Timeshare Regulation
(c) Any documents submitted pursuant to registration of
a timeshare offering under chapter 58.19 RCW before August
1, 1983.
(2) The director may by rule waive disclosure of information which the director considers unnecessary for the protection of timeshare purchasers.
(3) The director may by rule require the provision of any
other information the director considers necessary to protect
timeshare purchasers. [1983 1st ex.s. c 22 § 7.]
64.36.070
64.36.070 Registration as timeshare salesperson
required—Exemption. Any individual offering timeshare
units or timeshare interest reservations for the individual's
own account or for the account of others shall be registered as
a timeshare salesperson unless the timeshare offering is
exempt from registration under RCW 64.36.020. Registration
may be obtained by filing an application with the department
of licensing on a form prescribed by the director. The director
may require that the applicant demonstrate sufficient knowledge of the timeshare industry and this chapter. A timeshare
salesperson who is licensed as a real estate broker or salesperson under chapter 18.85 RCW is exempt from the registration
requirement of this section. [2002 c 226 § 1; 1983 1st ex.s. c
22 § 8.]
64.36.081
64.36.081 Fees. (1) Applicants or registrants under this
chapter shall pay fees determined by the director as provided
in RCW 43.24.086. These fees shall be prepaid and the director may establish fees for the following:
(a) Processing an original application for registration of
a timeshare offering, along with an additional fee for each
interval registered or in the timeshare program;
(b) Processing consolidations or adding additional
inventory into the program;
(c) Reviewing and granting exemptions;
(d) Processing annual or periodic renewals;
(e) Initially and annually processing and administering
any required impound, trust, or escrow arrangement;
(f) The review of advertising or promotional materials;
(g) Registering persons in the business of selling promotional programs for use in timeshare offerings or sales presentations;
(h) Registrations and renewal of registrations of salespersons;
(i) The transfer of salespersons' permits to other promoters;
(j) Administering and processing examinations for salespersons;
(k) Conducting site inspections of registered projects and
projects for which registration is pending.
(2) The director may establish penalties for registrants in
any situation where a registrant has failed to file an amendment to the registration or the disclosure document in a
timely manner for material changes, as required in this chapter and rules adopted under this chapter. [1987 c 370 § 4.]
64.36.085
64.36.085 Inspections of projects—Identification of
inspectors. (1) The director may require inspections of
projects registered under this chapter and promoters and their
(2004 Ed.)
64.36.100
agents shall cooperate by permitting staff of the department
to conduct the inspections.
(2) The director may perform "spot checks" or inspections of sales offices, during tours or sales presentations or
normal business hours, for purposes of enforcing this chapter
and determining compliance by the operator and salespersons
in the sales, advertising, and promotional activities regulated
under this chapter. These inspections or spot checks may be
conducted during or at the time of sales presentations or during the hours during which sales are ordinarily scheduled.
(3) The department employee making the inspections
shall show identification upon request. It is a violation of this
chapter for the operator or its sales representatives to refuse
an inspection or refuse to cooperate with employees of the
department conducting the inspection. [1987 c 370 § 5.]
64.36.090 Disciplinary action against a timeshare
salesperson's application, registration, or license—
Unprofessional conduct. The director may take disciplinary
action against a timeshare salesperson's registration or application for registration or a salesperson's license under chapter
18.85 RCW who is selling under this chapter, if the director
finds that the applicant or registrant has committed unprofessional conduct as described in RCW 18.235.130. In addition,
the director may take disciplinary action if the applicant or
registrant:
(1) Has filed an application for registration as a timeshare salesperson or as a licensee under chapter 18.85 RCW
which, as of its effective date, is incomplete in any material
respect;
(2) Has violated or failed to comply with any provision
of this chapter or a predecessor act or any rule or order issued
under this chapter or a predecessor act;
(3) Is permanently or temporarily enjoined by any court
or administrative order from engaging in or continuing any
conduct or practice involving any aspect of the timeshare
business;
(4) Has engaged in dishonest or unethical practices in the
timeshare, real estate, or camp resort business;
(5) Is insolvent either in the sense that the individual's
liabilities exceed his or her assets or in the sense that the individual cannot meet his or her obligations as they mature; or
(6) Has not complied with any condition imposed by the
director or is not qualified on the basis of such factors as
training, experience, or knowledge of the timeshare business
or this chapter. [2002 c 86 § 298; 1987 c 370 § 9; 1983 1st
ex.s. c 22 § 9.]
64.36.090
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
64.36.100 Disciplinary action—Unprofessional conduct—Other conduct, acts, or conditions. The director
may deny or take disciplinary action against any timeshare
application or registration if the director finds that the applicant or registrant has engaged in unprofessional conduct as
described in RCW 18.235.130. In addition, the director may
deny or take disciplinary action based on the following conduct, acts, or conditions:
(1) The application, written disclosure, or registration is
incomplete;
64.36.100
[Title 64 RCW—page 61]
64.36.110
Title 64 RCW: Real Property and Conveyances
(2) The activities of the promoter include, or would
include, activities which are unlawful or in violation of a law,
rule, or ordinance in this state or another jurisdiction;
(3) The timeshare offering has worked or tended to work
a fraud on purchasers, or would likely be adverse to the interests or the economic or physical welfare of purchasers;
(4) The protections and security arrangements to ensure
future quiet enjoyment required under RCW 64.36.130 have
not been provided as required by the director for the protection of purchasers; or
(5) The operating budget proposed by the promoter or
promoter-controlled association appears inadequate to meet
operating costs or funding of reserve accounts or fees for a
consultant to determine adequacy have not been paid by the
promoter. [2002 c 86 § 299; 1987 c 370 § 10; 1983 1st ex.s.
c 22 § 10.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
64.36.110
64.36.110 Requirements of transfer of promoter's
interest—Notice to purchaser. A promoter shall not sell,
lease, assign, or otherwise transfer the promoter's interest in
the timeshare program unless the transferee agrees in writing
to honor the timeshare purchaser's right to use and occupy the
timeshare unit, honor the purchaser's right to cancel, and
comply with this chapter. In the event of a transfer, each
timeshare purchaser whose contract may be affected shall be
given written notice of the transfer when the transfer is made.
[1983 1st ex.s. c 22 § 11.]
64.36.120
64.36.120 Good faith required—Provision relieving
person from duty prohibited—Out-of-state jurisdiction
or venue designation void. (1) The parties to a timeshare
agreement shall deal with each other in good faith.
(2) A timeshare promoter shall not require any timeshare
purchaser to agree to a release, assignment, novation, waiver,
or any other provision which relieves any person from a duty
imposed by this chapter.
(3) Any provision in a timeshare contract or agreement
which designates jurisdiction or venue in a forum outside this
state is void with respect to any cause of action which is
enforceable in this state. [1983 1st ex.s. c 22 § 12.]
64.36.130
64.36.130 Impoundment of proceeds from sales
authorized—Establishment of trusts, escrows, etc. (1)
The director may by rule require as a condition of registration
under this chapter that the proceeds from the sale of the timeshares be impounded until the promoter receives an amount
established by the director. The director may by rule determine the conditions of any impoundment required under this
section, including the release of moneys for promotional purposes.
(2) The director, in lieu of or in addition to requiring
impoundment under subsection (1) of this section, may
require that the registrant establish trusts, escrows, or any
other similar arrangement that assures the timeshare purchaser quiet enjoyment of the timeshare unit.
(3) Impounding will not be required for those timeshare
offerors who are able to convey fee simple title, along with
[Title 64 RCW—page 62]
title insurance: PROVIDED, That no other facilities are
promised in the offering. [1983 1st ex.s. c 22 § 13.]
64.36.140
64.36.140 Disclosure document—Contents. Any person who offers or sells a timeshare shall provide the prospective purchaser a written disclosure document before the prospective purchaser signs an agreement for the purchase of a
timeshare. The timeshare salesperson shall date and sign the
disclosure document. The disclosure document shall include:
(1) The official name and address of the promoter, its
parent or affiliates, and the names and addresses of the director and officers of each;
(2) The location of the timeshare property;
(3) A general description of the timeshare property and
the timeshare units;
(4) A list of all units offered by the promoter in the same
project including:
(a) The types, prices, and number of units;
(b) Identification and location of units;
(c) The types and durations of the timeshares;
(d) The maximum number of units that may become part
of the timeshare property; and
(e) A statement of the maximum number of timeshares
that may be created or a statement that there is no maximum.
(5) A description of any financing offered by the promoter;
(6) A statement of ownership of all properties included
in the timeshare offering including any liens or encumbrances affecting the property;
(7) Copies of any agreements or leases to be signed by
timeshare purchasers at closing and a copy of the timeshare
instrument;
(8) The identity of the managing entity and the manner,
if any, whereby the promoter may change the managing
entity;
(9) A description of the selling costs both per unit and for
the total project at the time the sale is made;
(10) A statement disclosing when and where the promoter or its affiliate has previously sold timeshares;
(11) A description of the nature and purpose of all
charges, dues, maintenance fees, and other expenses that may
be assessed, including:
(a) The current amounts assessed;
(b) The method and formula for changes; and
(c) The formula for payment of charges if all timeshares
are not sold and a statement of who pays additional costs;
(12) Any services which the promoter provides or
expenses the promoter pays which the promoter expects may
become a timeshare expense at any subsequent time;
(13) A statement in bold face type on the cover page of
the disclosure document and the cover page of the timeshare
purchase agreement that within seven days after receipt of a
disclosure document or the signing of the timeshare purchase
agreement, whichever is later, a purchaser may cancel any
agreement for the purchase of a timeshare from a promoter or
a timeshare salesperson and that the cancellation must be in
writing and be either hand delivered or mailed to the promoter or the promoter's agent;
(14) Any restraints on transfer of a timeshare or portion
thereof;
(2004 Ed.)
Timeshare Regulation
(15) A description of the insurance coverage provided
for the benefit of timeshare owners;
(16) A full and accurate disclosure of whether the timeshare owners are to be permitted or required to become members of or participate in any program for the exchange of
property rights among themselves or with the timeshare owners of other timeshare units, or both, and a complete description of the program; and
(17) Any additional information the director finds necessary to fully inform prospective timeshare purchasers, including but not limited to information required by RCW
64.36.030. [1983 1st ex.s. c 22 § 3.]
64.36.220
issuing a statement of charges or a cease and desist order or
conducting a hearing under this chapter. The assurances shall
consist of a statement of the law in question and an agreement
to not violate the stated provision. The applicant or registrant
shall not be required to admit to any violation of the law, nor
shall the assurance be construed as such an admission. Violation or breaching of an assurance under this section shall constitute unprofessional conduct for which disciplinary action
may be taken under RCW 18.235.110 and 18.235.130. [2002
c 86 § 300; 1987 c 370 § 7.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
64.36.150
64.36.150 Disclosure document to prospective purchasers—Cancellation and refund—Voidable agreement.
The promoter or any person offering timeshare interest shall
provide a prospective purchaser with a copy of the disclosure
document described in RCW 64.36.140 before the execution
of any agreement for the purchase of a timeshare. A purchaser may, for seven days following execution of an agreement to purchase a timeshare, cancel the agreement and
receive a refund of any consideration paid by providing written notice of the cancellation to the promoter or the promoter's agent either by mail or hand delivery. If the purchaser
does not receive the disclosure document, the agreement is
voidable by the purchaser until the purchaser receives the
document and for seven days thereafter. [1983 1st ex.s. c 22
§ 14.]
64.36.160
64.36.160 Application of liability provisions. No provision of this chapter imposing any liability applies to any act
or omission in good faith in conformity with any rule, form,
or order of the director, notwithstanding that the rule, form,
or order may later be amended or rescinded or determined by
judicial or other authority to be invalid for any reason. [1983
1st ex.s. c 22 § 15.]
64.36.170
64.36.170 Noncompliance—Unfair practice under
chapter 19.86 RCW. Any failure to comply with this chapter constitutes an unfair and deceptive trade practice under
chapter 19.86 RCW. [1983 1st ex.s. c 22 § 16.]
64.36.185
64.36.185 Director's powers—Employment of outside persons for advice on project operating budget—
Reimbursement by promoter—Notice and hearing. (1) If
it appears that the operating budget of a project fails to adequately provide for funding of reserve accounts, the director
may employ outside professionals or consultants to provide
advice or to develop an alternative budget. The promoter
shall pay or reimburse the department for the costs incurred
for such professional opinions.
(2) Before employing consultants under this section, the
director shall provide the applicant with written notice and an
opportunity for a hearing under chapter 34.05 RCW. [1987 c
370 § 6.]
64.36.200 Cease and desist order—Notification—
Hearing. (1) The director may order any person to cease and
desist from an act or practice if it appears that the person is
violating or is about to violate any provision of this chapter or
any rule or order issued under this chapter.
(2) Upon the entry of the temporary order to cease and
desist, the director shall promptly notify the recipient of the
order that it has been entered and the reasons therefor and that
if requested in writing by such person within fifteen days
after service of the director's notification, the matter will be
scheduled for hearing which shall be held within a reasonable
time and in accordance with chapter 34.05 RCW. The temporary order shall remain in effect until ten days after the hearing is held.
(3) If a person does not request a hearing, the order shall
become final.
(4) Unlicensed timeshare activity is subject to RCW
18.235.150. [2002 c 86 § 301; 1983 1st ex.s. c 22 § 19.]
64.36.200
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
64.36.210 Unlawful acts—Penalties. (1) It is unlawful
for any person in connection with the offer, sale, or lease of
any timeshare in the state:
(a) To make any untrue or misleading statement of a
material fact, or to omit a material fact;
(b) To employ any device, scheme, or artifice to defraud;
(c) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon any
person;
(d) To file, or cause to be filed, with the director any document which contains any untrue or misleading information;
or
(e) To violate any rule or order of the director.
(2)(a) Any person who knowingly violates this section is
guilty of a class C felony punishable according to chapter
9A.20 RCW.
(b) No indictment or information for a felony may be
returned under this chapter more than five years after the
alleged violation. [2003 c 53 § 290; 1983 1st ex.s. c 22 § 20.]
64.36.210
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
64.36.195
64.36.195 Assurances of discontinuance—Violation
of assurance constitutes unprofessional conduct. The
director or persons to whom the director delegates such powers may enter into assurances of discontinuance in lieu of
(2004 Ed.)
64.36.220 Injunction, restraining order, writ of mandamus—Costs and attorney's fees—Penalties—Appointment of receiver or conservator. (1) The attorney general,
64.36.220
[Title 64 RCW—page 63]
64.36.225
Title 64 RCW: Real Property and Conveyances
in the name of the state or the director, may bring an action to
enjoin any person from violating any provision of this chapter. Upon a proper showing, the superior court shall grant a
permanent or temporary injunction, restraining order, or writ
of mandamus. The court may make any additional orders or
judgments which may be necessary to restore to any person
any interest in any money or property, real or personal, which
may have been acquired by means of any act prohibited or
declared to be unlawful under this chapter. The prevailing
party may recover costs of the action, including a reasonable
attorney's fee.
(2) The superior court issuing an injunction shall retain
jurisdiction. Any person who violates the terms of an injunction shall pay a civil penalty of not more than twenty-five
thousand dollars.
(3) The attorney general, in the name of the state or the
director, may apply to the superior court to appoint a receiver
or conservator for any person, or the assets of any person,
who is subject to a cease and desist order, permanent or temporary injunction, restraining order, or writ of mandamus.
(4) Proceedings for injunctions for unlicensed timeshare
activity must be conducted under the provisions of RCW
18.235.150. [2002 c 86 § 302; 1983 1st ex.s. c 22 § 21.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
64.36.225
64.36.225 Liability of registrant or applicant for
costs of proceedings. A registrant or applicant against
whom an administrative or legal proceeding authorized under
this chapter has been filed, shall be liable for and reimburse
to the state of Washington by payment into the general fund,
all administrative and legal costs, including attorney fees,
incurred by the department in issuing and conducting administrative or legal proceedings that result in a final legal or
administrative determination of any type or degree, in favor
of the department or the state of Washington. [1987 c 370 §
8.]
64.36.240
64.36.240 Liability for violation of chapter. Any person who offers, sells, or materially aids in such offer or sale
of a timeshare in violation of this chapter is liable to the person buying the timeshare who may sue either at law or in
equity to recover the consideration paid for the timeshare,
together with interest at ten percent per annum from date of
payment and costs upon the tender of the timeshare, or for
damages if the person no longer owns the timeshare. [1983
1st ex.s. c 22 § 23.]
64.36.250
64.36.250 Appointment of director to receive service—Requirements for effective service. Every applicant
for registration under this chapter shall file with the director,
in a form the director prescribes by rule, an irrevocable consent appointing the director to be the attorney of the applicant
to receive service of any lawful process in any civil suit,
action, or proceeding against the applicant or the applicant's
successor, executor, or administrator which arises under this
chapter or any rule or order issued under this chapter after the
consent has been filed, with the same force and validity as if
served personally on the person filing the consent. Service
[Title 64 RCW—page 64]
may be made by leaving a copy of the process in the office of
the director, but it is not effective unless: (1) The plaintiff,
who may be the director in a suit, action, or proceeding instituted by the director, forthwith sends notice of the service and
a copy of the process by certified mail to the defendant or
respondent at the last address of the respondent or defendant
on file with the director; and (2) the plaintiff's affidavit of
compliance with this section is filed in the case on or before
the return day of the process, if any, or within such further
time as the court allows. [1983 1st ex.s. c 22 § 24.]
64.36.260
64.36.260 Certain acts not constituting findings or
approval by the director—Certain representations
unlawful. Neither the fact that an application for registration
nor a disclosure document under RCW 64.36.140 has been
filed, nor the fact that a timeshare offering is effectively registered, constitutes a finding by the director that any document filed under this chapter is true, complete, and not misleading, nor does either fact mean that the director has determined in any way the merits of, qualifications of, or
recommended or given approval to any person, timeshare, or
transaction. It is unlawful to make, or cause to be made, to
any prospective purchaser any representation inconsistent
with this section. [1983 1st ex.s. c 22 § 25.]
64.36.270
64.36.270 Rules, forms, and orders—Interpretive
opinions. The director may make, amend, and repeal rules,
forms, and orders when necessary to carry out this chapter.
The director may honor requests for interpretive opinions.
[1983 1st ex.s. c 22 § 26.]
64.36.290
64.36.290 Application of chapters 21.20, 58.19, and
19.105 RCW—Exemption of certain camping and outdoor recreation enterprises. (1) All timeshares registered
under this chapter are exempt from chapters 21.20, 58.19,
and 19.105 RCW.
(2) This chapter shall not apply to any enterprise that has
as its primary purpose camping and outdoor recreation and
camping sites designed and promoted for the purpose of purchasers locating a trailer, tent, tent trailer, pick-up camper, or
other similar device used for land-based portable housing.
[1987 c 370 § 11; 1983 1st ex.s. c 22 § 28.]
64.36.310
64.36.310 Copy of advertisement to be filed with
director before publication—Application of chapter limited. (1) No person may publish any advertisement in this
state offering a timeshare which is subject to the registration
requirements of RCW 64.36.020 unless a true copy of the
advertisement has been filed in the office of the director at
least seven days before publication or a shorter period which
the director by rule may establish. The right to subsequently
publish the advertisement is subject to the approval of the
director within that seven day period.
(2) Nothing in this chapter applies to any radio or television station or any publisher, printer, or distributor of any
newspaper, magazine, billboard, or other advertising medium
which accepts advertising in good faith without knowledge of
its violation of any provision of this chapter. This subsection
does not apply, however, to any publication devoted primarily to the soliciting of resale timeshare offerings and where
(2004 Ed.)
Timeshare Regulation
the publisher or owner of the publication collects advance
fees for the purpose of locating or finding potential resale
buyers or sellers. [1987 c 370 § 12; 1983 1st ex.s. c 22 § 31.]
64.36.320
64.36.320 Free gifts, awards, and prizes—Security
arrangement required of promisor—Other requirements—Private causes of action. (1) No person, including
a promoter, may advertise, sell, contract for, solicit, arrange,
or promise a free gift, an award, a prize, or other item of value
in this state as a condition for attending a sales presentation,
touring a facility, or performing other activities in connection
with the offer or sale of a timeshare under this chapter, without first providing the director with a bond, letter of credit,
cash depository, or other security arrangement that will
assure performance by the promisor and delivery of the
promised gift, award, sweepstakes, prize, or other item of
value.
(2) Promoters under this chapter shall be strictly liable
for delivering promised gifts, prizes, awards, or other items
of value offered or advertised in connection with the marketing of timeshares.
(3) Persons promised but not receiving gifts, prizes,
awards, or other items of consideration covered under this
section, shall be entitled in any cause of action in the courts
of this state in which their causes prevail, to be awarded treble the stated value of the gifts, prizes, or awards, court costs,
and reasonable attorney fees.
(4) The director may require that any fees or funds of any
description collected from persons in advance, in connection
with delivery by the promisor of gifts, prizes, awards, or
other items of value covered under this section, be placed in
a depository in this state, where they shall remain until performance by the promisor.
(5) The director may require commercial promotional
programs to be registered and require the provision of whatever information, including financial information, the department deems necessary for protection of purchasers.
(6) Persons offering commercial promotional programs
shall sign and present to the department a consent to service
of process, in the manner required of promoters in this chapter.
(7) Registrants or their agents or other persons shall not
take possession of promotional materials covered under this
section and RCW 64.36.310, from recipients who have
received the materials for attending a sales presentation or
touring a project, unless the permission of the recipient is
received and the recipient is provided with an accurate signed
copy describing such promotional materials. The department
shall adopt rules enforcing this subsection.
(8) Chapter 19.170 RCW applies to free gifts, awards,
prizes, or other items of value regulated under this chapter.
[1991 c 227 § 10; 1987 c 370 § 13.]
Severability—1991 c 227: See RCW 19.170.900.
64.36.901
of timeshares or the board of directors or appropriate officer
of timeshares with such responsibilities, to fail to provide a
member/owner of a timeshare with a membership list, including names, addresses, and lot, unit, or interval owned, under
the following circumstances:
(a) Upon demand or by rule or order of the director of the
department, for whatever purpose deemed necessary to
administer this chapter;
(b) Upon written request sent by certified mail being
made by a member of the timeshare, to a declarant, promoter,
or other person who has established and is yet in control of
the timeshare;
(c) Upon written request sent by certified mail of a member of a timeshare to the board of directors or appropriate
officer of the timeshare or an affiliated timeshare.
(2) The board of directors of the timeshare may require
that any applicant for a membership list, other than the
department, pay reasonable costs for providing the list and an
affidavit that the applicant will not use and will be responsible for any use of the list for commercial purposes.
(3) Upon request, a member's name shall be excluded
from a membership list available to any person other than the
director of licensing for purposes of administering statutes
that are its responsibility. Such persons shall make their
request for exclusion in writing by certified mail to the board
of directors or the appropriate officer or director of the timeshare.
(4) It is unlawful for any person to use a membership list
obtained under this section or otherwise, for commercial purposes, unless written permission to do so has been received
from the board of directors or appropriate officer of the timeshare. Wilful use of a membership list for commercial purposes without such permission shall subject the violator to
damages, costs, and reasonable attorneys' fees in any legal
proceedings instituted by a member in which the member
prevails alleging violation of this section. Members may petition the courts of this state for orders restraining such commercial use. [1987 c 370 § 14.]
64.36.340
64.36.340 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 304.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
64.36.900
64.36.900 Short title. This chapter may be known and
cited as "The Timeshare Act." [1983 1st ex.s. c 22 § 32.]
64.36.330
64.36.330 Membership lists available for members
and owners—Conditions—Exclusion of members' names
from list—Commercial use of list. (1) Concerning any
timeshare offered or sited in this state, it is unlawful and a
violation of this chapter and chapter 19.86 RCW for any person, developer, promoter, operator, or other person in control
(2004 Ed.)
64.36.901
64.36.901 Severability—1983 1st ex.s. c 22. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1983 1st ex.s. c 22 § 35.]
[Title 64 RCW—page 65]
Chapter 64.38
Chapter 64.38
Title 64 RCW: Real Property and Conveyances
Chapter 64.38 RCW
HOMEOWNERS' ASSOCIATIONS
Sections
64.38.005
64.38.010
64.38.015
64.38.020
64.38.025
64.38.030
64.38.033
64.38.035
64.38.040
64.38.045
64.38.050
Intent.
Definitions.
Association membership.
Association powers.
Board of directors—Standard of care—Restrictions—Budget—Removal from board.
Association bylaws.
Flag of the United States—Outdoor display—Governing documents.
Association meetings—Notice—Board of directors.
Quorum for meeting.
Financial and other records—Property of association—Copies—Examination—Annual financial statement—Accounts.
Violation—Remedy—Attorneys' fees.
Speed enforcement: RCW 46.61.419.
64.38.005
64.38.005 Intent. The intent of this chapter is to provide consistent laws regarding the formation and legal
administration of homeowners' associations. [1995 c 283 §
1.]
64.38.010
64.38.010 Definitions. For purposes of this chapter:
(1) "Homeowners' association" or "association" means a
corporation, unincorporated association, or other legal entity,
each member of which is an owner of residential real property located within the association's jurisdiction, as described
in the governing documents, and by virtue of membership or
ownership of property is obligated to pay real property taxes,
insurance premiums, maintenance costs, or for improvement
of real property other than that which is owned by the member. "Homeowners' association" does not mean an association created under chapter 64.32 or 64.34 RCW.
(2) "Governing documents" means the articles of incorporation, bylaws, plat, declaration of covenants, conditions,
and restrictions, rules and regulations of the association, or
other written instrument by which the association has the
authority to exercise any of the powers provided for in this
chapter or to manage, maintain, or otherwise affect the property under its jurisdiction.
(3) "Board of directors" or "board" means the body,
regardless of name, with primary authority to manage the
affairs of the association.
(4) "Common areas" means property owned, or otherwise maintained, repaired or administered by the association.
(5) "Common expense" means the costs incurred by the
association to exercise any of the powers provided for in this
chapter.
(6) "Residential real property" means any real property,
the use of which is limited by law, covenant or otherwise to
primarily residential or recreational purposes. [1995 c 283 §
2.]
64.38.015
64.38.015 Association membership. The membership
of an association at all times shall consist exclusively of the
owners of all real property over which the association has
jurisdiction, both developed and undeveloped. [1995 c 283 §
3.]
64.38.020
64.38.020 Association powers. Unless otherwise provided in the governing documents, an association may:
[Title 64 RCW—page 66]
(1) Adopt and amend bylaws, rules, and regulations;
(2) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for
common expenses from owners;
(3) Hire and discharge or contract with managing agents
and other employees, agents, and independent contractors;
(4) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or
two or more owners on matters affecting the homeowners'
association, but not on behalf of owners involved in disputes
that are not the responsibility of the association;
(5) Make contracts and incur liabilities;
(6) Regulate the use, maintenance, repair, replacement,
and modification of common areas;
(7) Cause additional improvements to be made as a part
of the common areas;
(8) Acquire, hold, encumber, and convey in its own
name any right, title, or interest to real or personal property;
(9) Grant easements, leases, licenses, and concessions
through or over the common areas and petition for or consent
to the vacation of streets and alleys;
(10) Impose and collect any payments, fees, or charges
for the use, rental, or operation of the common areas;
(11) Impose and collect charges for late payments of
assessments and, after notice and an opportunity to be heard
by the board of directors or by the representative designated
by the board of directors and in accordance with the procedures as provided in the bylaws or rules and regulations
adopted by the board of directors, levy reasonable fines in
accordance with a previously established schedule adopted
by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association;
(12) Exercise any other powers conferred by the bylaws;
(13) Exercise all other powers that may be exercised in
this state by the same type of corporation as the association;
and
(14) Exercise any other powers necessary and proper for
the governance and operation of the association. [1995 c 283
§ 4.]
Speed enforcement: RCW 46.61.419.
64.38.025
64.38.025 Board of directors—Standard of care—
Restrictions—Budget—Removal from board. (1) Except
as provided in the association's governing documents or this
chapter, the board of directors shall act in all instances on
behalf of the association. In the performance of their duties,
the officers and members of the board of directors shall exercise the degree of care and loyalty required of an officer or
director of a corporation organized under chapter 24.03
RCW.
(2) The board of directors shall not act on behalf of the
association to amend the articles of incorporation, to take any
action that requires the vote or approval of the owners, to terminate the association, to elect members of the board of
directors, or to determine the qualifications, powers, and
duties, or terms of office of members of the board of directors; but the board of directors may fill vacancies in its membership of the unexpired portion of any term.
(3) Within thirty days after adoption by the board of
directors of any proposed regular or special budget of the
(2004 Ed.)
Homeowners' Associations
association, the board shall set a date for a meeting of the
owners to consider ratification of the budget not less than
fourteen nor more than sixty days after mailing of the summary. Unless at that meeting the owners of a majority of the
votes in the association are allocated or any larger percentage
specified in the governing documents reject the budget, in
person or by proxy, the budget is ratified, whether or not a
quorum is present. In the event the proposed budget is
rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such
time as the owners ratify a subsequent budget proposed by
the board of directors.
(4) The owners by a majority vote of the voting power in
the association present, in person or by proxy, and entitled to
vote at any meeting of the owners at which a quorum is
present, may remove any member of the board of directors
with or without cause. [1995 c 283 § 5.]
64.38.030
64.38.030 Association bylaws. Unless provided for in
the governing documents, the bylaws of the association shall
provide for:
(1) The number, qualifications, powers and duties, terms
of office, and manner of electing and removing the board of
directors and officers and filling vacancies;
(2) Election by the board of directors of the officers of
the association as the bylaws specify;
(3) Which, if any, of its powers the board of directors or
officers may delegate to other persons or to a managing
agent;
(4) Which of its officers may prepare, execute, certify,
and record amendments to the governing documents on
behalf of the association;
(5) The method of amending the bylaws; and
(6) Subject to the provisions of the governing documents, any other matters the association deems necessary and
appropriate. [1995 c 283 § 6.]
64.38.033
64.38.033 Flag of the United States—Outdoor display—Governing documents. (1) The governing documents may not prohibit the outdoor display of the flag of the
United States by an owner or resident on the owner's or resident's property if the flag is displayed in a manner consistent
with federal flag display law, 4 U.S.C. Sec. 1 et seq. The
governing documents may include reasonable rules and regulations, consistent with 4 U.S.C. Sec. 1 et seq., regarding the
placement and manner of display of the flag of the United
States.
(2) The governing documents may not prohibit the
installation of a flagpole for the display of the flag of the
United States. The governing documents may include reasonable rules and regulations regarding the location and the
size of the flagpole.
(3) For purposes of this section, "flag of the United
States" means the flag of the United States as defined in federal flag display law, 4 U.S.C. Sec. 1 et seq., that is made of
fabric, cloth, or paper and that is displayed from a staff or
flagpole or in a window. For purposes of this section, "flag
of the United States" does not mean a flag depiction or
emblem made of lights, paint, roofing, siding, paving materi(2004 Ed.)
64.38.040
als, flora, or balloons, or of any similar building, landscaping,
or decorative component.
(4) The provisions of this section shall be construed to
apply retroactively to any governing documents in effect on
June 10, 2004. Any provision in a governing document in
effect on June 10, 2004, that is inconsistent with this section
shall be void and unenforceable. [2004 c 169 § 1.]
64.38.035
64.38.035 Association meetings—Notice—Board of
directors. (1) A meeting of the association must be held at
least once each year. Special meetings of the association may
be called by the president, a majority of the board of directors, or by owners having ten percent of the votes in the association. Not less than fourteen nor more than sixty days in
advance of any meeting, the secretary or other officers specified in the bylaws shall cause notice to be hand-delivered or
sent prepaid by first class United States mail to the mailing
address of each owner or to any other mailing address designated in writing by the owner. The notice of any meeting
shall state the time and place of the meeting and the business
to be placed on the agenda by the board of directors for a vote
by the owners, including the general nature of any proposed
amendment to the articles of incorporation, bylaws, any budget or changes in the previously approved budget that result
in a change in assessment obligation, and any proposal to
remove a director.
(2) Except as provided in this subsection, all meetings of
the board of directors shall be open for observation by all
owners of record and their authorized agents. The board of
directors shall keep minutes of all actions taken by the board,
which shall be available to all owners. Upon the affirmative
vote in open meeting to assemble in closed session, the board
of directors may convene in closed executive session to consider personnel matters; consult with legal counsel or consider communications with legal counsel; and discuss likely
or pending litigation, matters involving possible violations of
the governing documents of the association, and matters
involving the possible liability of an owner to the association.
The motion shall state specifically the purpose for the closed
session. Reference to the motion and the stated purpose for
the closed session shall be included in the minutes. The board
of directors shall restrict the consideration of matters during
the closed portions of meetings only to those purposes specifically exempted and stated in the motion. No motion, or other
action adopted, passed, or agreed to in closed session may
become effective unless the board of directors, following the
closed session, reconvenes in open meeting and votes in the
open meeting on such motion, or other action which is reasonably identified. The requirements of this subsection shall
not require the disclosure of information in violation of law
or which is otherwise exempt from disclosure. [1995 c 283 §
7.]
64.38.040
64.38.040 Quorum for meeting. Unless the governing
documents specify a different percentage, a quorum is
present throughout any meeting of the association if the owners to which thirty-four percent of the votes of the association
are allocated are present in person or by proxy at the beginning of the meeting. [1995 c 283 § 8.]
[Title 64 RCW—page 67]
64.38.045
Title 64 RCW: Real Property and Conveyances
64.38.045
64.38.045 Financial and other records—Property of
association—Copies—Examination—Annual financial
statement—Accounts. (1) The association or its managing
agent shall keep financial and other records sufficiently
detailed to enable the association to fully declare to each
owner the true statement of its financial status. All financial
and other records of the association, including but not limited
to checks, bank records, and invoices, in whatever form they
are kept, are the property of the association. Each association
managing agent shall turn over all original books and records
to the association immediately upon termination of the management relationship with the association, or upon such other
demand as is made by the board of directors. An association
managing agent is entitled to keep copies of association
records. All records which the managing agent has turned
over to the association shall be made reasonably available for
the examination and copying by the managing agent.
(2) All records of the association, including the names
and addresses of owners and other occupants of the lots, shall
be available for examination by all owners, holders of mortgages on the lots, and their respective authorized agents on
reasonable advance notice during normal working hours at
the offices of the association or its managing agent. The association shall not release the unlisted telephone number of any
owner. The association may impose and collect a reasonable
charge for copies and any reasonable costs incurred by the
association in providing access to records.
(3) At least annually, the association shall prepare, or
cause to be prepared, a financial statement of the association.
The financial statements of associations with annual assessments of fifty thousand dollars or more shall be audited at
least annually by an independent certified public accountant,
but the audit may be waived if sixty-seven percent of the
votes cast by owners, in person or by proxy, at a meeting of
the association at which a quorum is present, vote each year
to waive the audit.
(4) The funds of the association shall be kept in accounts
in the name of the association and shall not be commingled
with the funds of any other association, nor with the funds of
any manager of the association or any other person responsible for the custody of such funds. [1995 c 283 § 9.]
64.38.050
64.38.050 Violation—Remedy—Attorneys' fees. Any
violation of the provisions of this chapter entitles an
aggrieved party to any remedy provided by law or in equity.
The court, in an appropriate case, may award reasonable
attorneys' fees to the prevailing party. [1995 c 283 § 10.]
Chapter 64.40 RCW
PROPERTY RIGHTS—DAMAGES FROM
GOVERNMENTAL ACTIONS
Chapter 64.40
Sections
64.40.010
64.40.020
64.40.030
64.40.040
64.40.900
Definitions—Defense in action for damages.
Applicant for permit—Actions for damages from governmental actions.
Commencement of action—Time limitation.
Remedies cumulative.
Severability—1982 c 232.
64.40.010
64.40.010 Definitions—Defense in action for damages. As used in this chapter, the terms in this section shall
[Title 64 RCW—page 68]
have the meanings indicated unless the context clearly
requires otherwise.
(1) "Agency" means the state of Washington, any of its
political subdivisions, including any city, town, or county,
and any other public body exercising regulatory authority or
control over the use of real property in the state.
(2) "Permit" means any governmental approval required
by law before an owner of a property interest may improve,
sell, transfer, or otherwise put real property to use.
(3) "Property interest" means any interest or right in real
property in the state.
(4) "Damages" means reasonable expenses and losses,
other than speculative losses or profits, incurred between the
time a cause of action arises and the time a holder of an interest in real property is granted relief as provided in RCW
64.40.020. Damages must be caused by an act, necessarily
incurred, and actually suffered, realized, or expended, but are
not based upon diminution in value of or damage to real property, or litigation expenses.
(5) "Regulation" means any ordinance, resolution, or
other rule or regulation adopted pursuant to the authority provided by state law, which imposes or alters restrictions, limitations, or conditions on the use of real property.
(6) "Act" means a final decision by an agency which
places requirements, limitations, or conditions upon the use
of real property in excess of those allowed by applicable regulations in effect on the date an application for a permit is
filed. "Act" also means the failure of an agency to act within
time limits established by law in response to a property
owner's application for a permit: PROVIDED, That there is
no "act" within the meaning of this section when the owner of
a property interest agrees in writing to extensions of time, or
to the conditions or limitations imposed upon an application
for a permit. "Act" shall not include lawful decisions of an
agency which are designed to prevent a condition which
would constitute a threat to the health, safety, welfare, or
morals of residents in the area.
In any action brought pursuant to this chapter, a defense
is available to a political subdivision of this state that its act
was mandated by a change in statute or state rule or regulation and that such a change became effective subsequent to
the filing of an application for a permit. [1982 c 232 § 1.]
64.40.020
64.40.020 Applicant for permit—Actions for damages from governmental actions. (1) Owners of a property
interest who have filed an application for a permit have an
action for damages to obtain relief from acts of an agency
which are arbitrary, capricious, unlawful, or exceed lawful
authority, or relief from a failure to act within time limits
established by law: PROVIDED, That the action is unlawful
or in excess of lawful authority only if the final decision of
the agency was made with knowledge of its unlawfulness or
that it was in excess of lawful authority, or it should reasonably have been known to have been unlawful or in excess of
lawful authority.
(2) The prevailing party in an action brought pursuant to
this chapter may be entitled to reasonable costs and attorney's
fees.
(3) No cause of action is created for relief from unintentional procedural or ministerial errors of an agency.
(2004 Ed.)
Contaminated Properties
(4) Invalidation of any regulation in effect prior to the
date an application for a permit is filed with the agency shall
not constitute a cause of action under this chapter. [1982 c
232 § 2.]
64.40.030
64.40.030 Commencement of action—Time limitation. Any action to assert claims under the provisions of this
chapter shall be commenced only within thirty days after all
administrative remedies have been exhausted. [1982 c 232 §
3.]
64.40.040
64.40.040 Remedies cumulative. The remedies provided by this chapter are in addition to any other remedies
provided by law. [1982 c 232 § 4.]
64.40.900
64.40.900 Severability—1982 c 232. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 232 § 5.]
Chapter 64.44
Chapter 64.44 RCW
CONTAMINATED PROPERTIES
Sections
64.44.005
64.44.010
64.44.020
64.44.030
64.44.040
64.44.050
64.44.060
64.44.070
64.44.080
64.44.900
64.44.901
Legislative finding.
Definitions.
Reporting—Warning—Notice—Duties of local health officer.
Unfit for use—Order—Notice—Hearing.
City or county options.
Decontamination by owner—Requirements.
Certification of contractors—Denial, suspension, or revocation of certificate—Duties of department of health—Decontamination account.
Rules and standards—Authority to develop.
Civil liability—Immunity.
Application—Other remedies.
Severability—1990 c 213.
64.44.005 Legislative finding. The legislature finds
that some properties are being contaminated by hazardous
chemicals used in unsafe or illegal ways in the manufacture
of illegal drugs. Innocent members of the public may be
harmed by the residue left by these chemicals when the properties are subsequently rented or sold without having been
decontaminated. [1990 c 213 § 1.]
64.44.010 Definitions. The words and phrases defined
in this section shall have the following meanings when used
in this chapter unless the context clearly indicates otherwise.
(1) "Authorized contractor" means a person who decontaminates, demolishes, or disposes of contaminated property
as required by this chapter who is certified by the department
as provided for in RCW 64.44.060.
(2) "Contaminated" or "contamination" means polluted
by hazardous chemicals so that the property is unfit for
human habitation or use due to immediate or long-term hazards. Property that at one time was contaminated but has been
satisfactorily decontaminated according to procedures established by the state board of health is not "contaminated."
(3) "Hazardous chemicals" means the following substances used in the manufacture of illegal drugs: (a) Hazardous substances as defined in RCW 70.105D.020, and (b) pre(2004 Ed.)
cursor substances as defined in RCW 69.43.010 which the
state board of health, in consultation with the state board of
pharmacy, has determined present an immediate or long-term
health hazard to humans.
(4) "Officer" means a local health officer authorized
under chapters 70.05, 70.08, and 70.46 RCW.
(5) "Property" means any property, site, structure, or part
of a structure which is involved in the unauthorized manufacture or storage of hazardous chemicals. This includes but is
not limited to single-family residences, units of multiplexes,
condominiums, apartment buildings, boats, motor vehicles,
trailers, manufactured housing, or any shop, booth, or garden.
[1999 c 292 § 2; 1990 c 213 § 2.]
Finding—Intent—1999 c 292: "The legislature finds that the contamination of properties used for illegal drug manufacturing poses a threat to
public health. The toxic chemicals left behind by the illegal drug manufacturing must be cleaned up to prevent harm to subsequent occupants of the
properties. It is the intent of the legislature that properties are decontaminated in a manner that is efficient, prompt, and that makes them safe to reoccupy." [1999 c 292 § 1.]
Effective date—1990 c 213 §§ 2, 12: "Sections 2 and 12 of this act are
necessary for the immediate preservation of the public peace, health, or
safety or support of the state government and its public institutions, and shall
take effect on the effective date of the 1989-91 supplemental omnibus appropriations act (SSB 6407) [April 23, 1990] if specific funding for this act is
provided therein." [1990 c 213 § 17.]
64.44.020
64.44.005
64.44.010
64.44.020
64.44.020 Reporting—Warning—Notice—Duties of
local health officer. Whenever a law enforcement agency
becomes aware that property has been contaminated by hazardous chemicals, that agency shall report the contamination
to the local health officer. The local health officer shall post a
written warning on the premises within one working day of
notification of the contamination and shall inspect the property within fourteen days after receiving the notice of contamination. The warning shall inform the potential occupants
that hazardous chemicals may exist on, or have been removed
from, the premises and that entry is unsafe. If a property
owner believes that a tenant has contaminated property that
was being leased or rented, and the property is vacated or
abandoned, then the property owner shall contact the local
health officer about the possible contamination. Local health
officers or boards may charge property owners reasonable
fees for inspections of suspected contaminated property
requested by property owners.
A local health officer may enter, inspect, and survey at
reasonable times any properties for which there are reasonable grounds to believe that the property has become contaminated. If the property is contaminated, the local health
officer shall post a written notice declaring that the officer
intends to issue an order prohibiting use of the property as
long as the property is contaminated.
Local health officers must report all cases of contaminated property to the state department of health. The department may make the list of contaminated properties available
to health associations, landlord and realtor organizations,
prosecutors, and other interested groups. The department
shall promptly update the list of contaminated properties to
remove those which have been decontaminated according to
provisions of this chapter.
The local health officer may determine when the services
of an authorized contractor are necessary. [1999 c 292 § 3;
1990 c 213 § 3.]
[Title 64 RCW—page 69]
64.44.030
Title 64 RCW: Real Property and Conveyances
Finding—Intent—1999 c 292: See note following RCW 64.44.010.
64.44.030 Unfit for use—Order—Notice—Hearing.
If after the inspection of the property, the local health officer
finds that it is contaminated, then the property shall be found
unfit for use. The local health officer shall cause to be served
an order prohibiting use either personally or by certified mail,
with return receipt requested, upon all occupants and persons
having any interest therein as shown upon the records of the
auditor's office of the county in which such property is
located. The local health officer shall also post the order prohibiting use in a conspicuous place on the property. If the
whereabouts of such persons is unknown and the same cannot be ascertained by the local health officer in the exercise of
reasonable diligence, and the health officer makes an affidavit to that effect, then the serving of the order upon such persons may be made either by personal service or by mailing a
copy of the order by certified mail, postage prepaid, return
receipt requested, to each person at the address appearing on
the last equalized tax assessment roll of the county where the
property is located or at the address known to the county
assessor, and the order shall be posted conspicuously at the
residence. A copy of the order shall also be mailed, addressed
to each person or party having a recorded right, title, estate,
lien, or interest in the property. The order shall contain a
notice that a hearing before the local health board or officer
shall be held upon the request of a person required to be notified of the order under this section. The request for a hearing
must be made within ten days of serving the order. The hearing shall then be held within not less than twenty days nor
more than thirty days after the serving of the order. The
officer shall prohibit use as long as the property is found to be
contaminated. A copy of the order shall also be filed with the
auditor of the county in which the property is located, and
such filing of the complaint or order shall have the same force
and effect as other lis pendens notices provided by law. In
any hearing concerning whether property is fit for use, the
property owner has the burden of showing that the property is
decontaminated or fit for use. The owner or any person having an interest in the property may file an appeal on any order
issued by the local health board or officer within thirty days
from the date of service of the order with the appeals commission established pursuant to RCW 35.80.030. All proceedings before the appeals commission, including any subsequent appeals to superior court, shall be governed by the
procedures established in chapter 35.80 RCW. [1999 c 292 §
4; 1990 c 213 § 4.]
64.44.030
Finding—Intent—1999 c 292: See note following RCW 64.44.010.
64.44.040 City or county options. The city or county
in which the contaminated property is located may take
action to condemn or demolish property or to require the
property be vacated or the contents removed from the property. The city or county may use an authorized contractor if
property is demolished, decontaminated, or removed under
this section. No city or county may condemn or demolish
property pursuant to this section until all procedures granting
the right of notice and the opportunity to appeal in RCW
64.44.030 have been exhausted. [1999 c 292 § 5; 1990 c 213
§ 5.]
64.44.040
Finding—Intent—1999 c 292: See note following RCW 64.44.010.
[Title 64 RCW—page 70]
64.44.050 Decontamination by owner—Requirements. An owner of contaminated property who desires to
have the property decontaminated shall use the services of an
authorized contractor unless otherwise authorized by the
local health officer. The contractor shall prepare and submit a
written work plan for decontamination to the local health
officer. The local health officer may charge a reasonable fee
for review of the work plan. If the work plan is approved and
the decontamination is completed and the property is retested
according to the plan and properly documented, then the
health officer shall allow reuse of the property. A release for
reuse document shall be recorded in the real property records
indicating the property has been decontaminated in accordance with rules of the state department of health. [1999 c
292 § 6; 1990 c 213 § 6.]
64.44.050
Finding—Intent—1999 c 292: See note following RCW 64.44.010.
64.44.060 Certification of contractors—Denial, suspension, or revocation of certificate—Duties of department of health—Decontamination account. (1) A contractor may not perform decontamination, demolition, or disposal
work unless issued a certificate by the state department of
health. The department shall establish performance standards
for contractors by rule in accordance with chapter 34.05
RCW, the administrative procedure act. The department shall
train and test, or may approve courses to train and test, contractors and their employees on the essential elements in
assessing property used as an illegal drug manufacturing or
storage site to determine hazard reduction measures needed,
techniques for adequately reducing contaminants, use of personal protective equipment, methods for proper decontamination, demolition, removal, and disposal of contaminated
property, and relevant federal and state regulations. Upon
successful completion of the training, the contractor or
employee shall be certified.
(2) The department may require the successful completion of annual refresher courses provided or approved by the
department for the continued certification of the contractor or
employee.
(3) The department shall provide for reciprocal certification of any individual trained to engage in decontamination,
demolition, or disposal work in another state when the prior
training is shown to be substantially similar to the training
required by the department. The department may require such
individuals to take an examination or refresher course before
certification.
(4) The department may deny, suspend, or revoke a certificate for failure to comply with the requirements of this
chapter or any rule adopted pursuant to this chapter. A certificate may be denied, suspended, or revoked on any of the following grounds:
(a) Failing to perform decontamination, demolition, or
disposal work under the supervision of trained personnel;
(b) Failing to file a work plan;
(c) Failing to perform work pursuant to the work plan;
(d) Failing to perform work that meets the requirements
of the department;
(e) The certificate was obtained by error, misrepresentation, or fraud; or
(f) If the person has been certified pursuant to RCW
74.20A.320 by the department of social and health services
64.44.060
(2004 Ed.)
Construction Defect Claims
as a person who is not in compliance with a support order or
a *residential or visitation order. If the person has continued
to meet all other requirements for reinstatement during the
suspension, reissuance of the license or certificate shall be
automatic upon the department's receipt of a release issued by
the department of social and health services stating that the
person is in compliance with the order.
(5) A contractor who violates any provision of this chapter may be assessed a fine not to exceed five hundred dollars
for each violation.
(6) The department of health shall prescribe fees as provided for in RCW 43.70.250 for the issuance and renewal of
certificates, the administration of examinations, and for the
review of training courses.
(7) The decontamination account is hereby established in
the state treasury. All fees collected under this chapter shall
be deposited in this account. Moneys in the account may only
be spent after appropriation for costs incurred by the department in the administration and enforcement of this chapter.
[1999 c 292 § 7; 1997 c 58 § 878; 1990 c 213 § 7.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Finding—Intent—1999 c 292: See note following RCW 64.44.010.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
64.50.010
under any other statute, including chapter 35.80 or 7.48
RCW. [1990 c 213 § 11.]
64.44.901
64.44.901 Severability—1990 c 213. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1990 c 213 § 14.]
Chapter 64.50
Chapter 64.50 RCW
CONSTRUCTION DEFECT CLAIMS
Sections
64.50.005
64.50.010
64.50.020
64.50.030
64.50.040
64.50.050
64.50.060
Finding—Intent.
Definitions.
Construction defect action—Notice of claim—Response—
Procedure for negotiations—Commencing an action.
List of known construction defects—Requirements—Time
limits.
Construction defect action brought by a board of directors—
Notice.
Construction professional right to offer to cure defects—
Notice to homeowner.
Interpretation of chapter regarding certain relationships and
rights.
64.50.005
64.50.005 Finding—Intent. The legislature finds,
declares, and determines that limited changes in the law are
necessary and appropriate concerning actions claiming damages, indemnity, or contribution in connection with alleged
construction defects. It is the intent of the legislature that this
chapter apply to these types of civil actions while preserving
adequate rights and remedies for property owners who bring
and maintain such actions. [2002 c 323 § 1.]
64.44.070
64.44.070 Rules and standards—Authority to
develop. (1) The state board of health shall promulgate rules
and standards for carrying out the provisions in this chapter in
accordance with chapter 34.05 RCW, the administrative procedure act. The local board of health and the local health
officer are authorized to exercise such powers as may be necessary to carry out this chapter. The department shall provide
technical assistance to local health boards and health officers
to carry out their duties under this chapter.
(2) The department shall adopt rules for decontamination
of a property used as an illegal drug laboratory and methods
for the testing of ground water, surface water, soil, and septic
tanks for contamination. The rules shall establish decontamination standards for hazardous chemicals, including but not
limited to methamphetamine, lead, mercury, and total volatile organic compounds. [1999 c 292 § 8; 1990 c 213 § 9.]
Finding—Intent—1999 c 292: See note following RCW 64.44.010.
64.44.080
64.44.080 Civil liability—Immunity. Members of the
state board of health and local boards of health, local health
officers, and employees of the department of health and local
health departments are immune from civil liability arising out
of the performance of their duties under this chapter, unless
such performance constitutes gross negligence or intentional
misconduct. [1990 c 213 § 10.]
64.44.900
64.44.900 Application—Other remedies. This chapter shall not limit state or local government authority to act
(2004 Ed.)
64.50.010
64.50.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Action" means any civil lawsuit or action in contract
or tort for damages or indemnity brought against a construction professional to assert a claim, whether by complaint,
counterclaim, or cross-claim, for damage or the loss of use of
real or personal property caused by a defect in the construction of a residence or in the substantial remodel of a residence. "Action" does not include any civil action in tort alleging personal injury or wrongful death to a person or persons
resulting from a construction defect.
(2) "Association" means an association, master association, or subassociation as defined and provided for in RCW
64.34.020(4), 64.34.276, 64.34.278, and 64.38.010(1).
(3) "Claimant" means a homeowner or association who
asserts a claim against a construction professional concerning
a defect in the construction of a residence or in the substantial
remodel of a residence.
(4) "Construction professional" means an architect,
builder, builder vendor, contractor, subcontractor, engineer,
or inspector, including, but not limited to, a dealer as defined
in RCW 64.34.020(12) and a declarant as defined in RCW
64.34.020(13), performing or furnishing the design, supervision, inspection, construction, or observation of the construction of any improvement to real property, whether operating
as a sole proprietor, partnership, corporation, or other business entity.
[Title 64 RCW—page 71]
64.50.020
Title 64 RCW: Real Property and Conveyances
(5) "Homeowner" means: (a) Any person, company,
firm, partnership, corporation, or association who contracts
with a construction professional for the construction, sale, or
construction and sale of a residence; and (b) an "association"
as defined in this section. "Homeowner" includes, but is not
limited to, a subsequent purchaser of a residence from any
homeowner.
(6) "Residence" means a single-family house, duplex,
triplex, quadraplex, or a unit in a multiunit residential structure in which title to each individual unit is transferred to the
owner under a condominium or cooperative system, and shall
include common elements as defined in RCW 64.34.020(6)
and common areas as defined in RCW 64.38.010(4).
(7) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the
addressee.
(8) "Substantial remodel" means a remodel of a residence, for which the total cost exceeds one-half of the
assessed value of the residence for property tax purposes at
the time the contract for the remodel work was made. [2002
c 323 § 2.]
64.50.020 Construction defect action—Notice of
claim—Response—Procedure for negotiations—Commencing an action. (1) In every construction defect action
brought against a construction professional, the claimant
shall, no later than forty-five days before filing an action,
serve written notice of claim on the construction professional.
The notice of claim shall state that the claimant asserts a construction defect claim against the construction professional
and shall describe the claim in reasonable detail sufficient to
determine the general nature of the defect.
(2) Within twenty-one days after service of the notice of
claim, the construction professional shall serve a written
response on the claimant by registered mail or personal service. The written response shall:
(a) Propose to inspect the residence that is the subject of
the claim and to complete the inspection within a specified
time frame. The proposal shall include the statement that the
construction professional shall, based on the inspection, offer
to remedy the defect, compromise by payment, or dispute the
claim;
(b) Offer to compromise and settle the claim by monetary payment without inspection. A construction professional's offer under this subsection (2)(b) to compromise and
settle a homeowner's claim may include, but is not limited to,
an express offer to purchase the claimant's residence that is
the subject of the claim, and to pay the claimant's reasonable
relocation costs; or
(c) State that the construction professional disputes the
claim and will neither remedy the construction defect nor
compromise and settle the claim.
(3)(a) If the construction professional disputes the claim
or does not respond to the claimant's notice of claim within
the time stated in subsection (2) of this section, the claimant
may bring an action against the construction professional for
the claim described in the notice of claim without further
notice.
(b) If the claimant rejects the inspection proposal or the
settlement offer made by the construction professional pursuant to subsection (2) of this section, the claimant shall serve
64.50.020
[Title 64 RCW—page 72]
written notice of the claimant's rejection on the construction
professional. After service of the rejection, the claimant may
bring an action against the construction professional for the
construction defect claim described in the notice of claim. If
the construction professional has not received from the
claimant, within thirty days after the claimant's receipt of the
construction professional's response, either an acceptance or
rejection of the inspection proposal or settlement offer, then
at anytime thereafter the construction professional may terminate the proposal or offer by serving written notice to the
claimant, and the claimant may thereafter bring an action
against the construction professional for the construction
defect claim described in the notice of claim.
(4)(a) If the claimant elects to allow the construction professional to inspect in accordance with the construction professional's proposal pursuant to subsection (2)(a) of this section, the claimant shall provide the construction professional
and its contractors or other agents reasonable access to the
claimant's residence during normal working hours to inspect
the premises and the claimed defect.
(b) Within fourteen days following completion of the
inspection, the construction professional shall serve on the
claimant:
(i) A written offer to remedy the construction defect at
no cost to the claimant, including a report of the scope of the
inspection, the findings and results of the inspection, a
description of the additional construction necessary to remedy the defect described in the claim, and a timetable for the
completion of such construction;
(ii) A written offer to compromise and settle the claim by
monetary payment pursuant to subsection (2)(b) of this section; or
(iii) A written statement that the construction professional will not proceed further to remedy the defect.
(c) If the construction professional does not proceed further to remedy the construction defect within the agreed timetable, or if the construction professional fails to comply with
the provisions of (b) of this subsection, the claimant may
bring an action against the construction professional for the
claim described in the notice of claim without further notice.
(d) If the claimant rejects the offer made by the construction professional pursuant to (b)(i) or (ii) of this subsection to
either remedy the construction defect or to compromise and
settle the claim by monetary payment, the claimant shall
serve written notice of the claimant's rejection on the construction professional. After service of the rejection notice,
the claimant may bring an action against the construction
professional for the construction defect claim described in the
notice of claim. If the construction professional has not
received from the claimant, within thirty days after the claimant's receipt of the construction professional's response,
either an acceptance or rejection of the offer made pursuant to
(b)(i) or (ii) of this subsection, then at anytime thereafter the
construction professional may terminate the offer by serving
written notice to the claimant.
(5)(a) Any claimant accepting the offer of a construction
professional to remedy the construction defect pursuant to
subsection (4)(b)(i) of this section shall do so by serving the
construction professional with a written notice of acceptance
within a reasonable time period after receipt of the offer, and
no later than thirty days after receipt of the offer. The claim(2004 Ed.)
Construction Defect Claims
ant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's
residence during normal working hours to perform and complete the construction by the timetable stated in the offer.
(b) The claimant and construction professional may, by
written mutual agreement, alter the extent of construction or
the timetable for completion of construction stated in the
offer, including, but not limited to, repair of additional
defects.
(6) Any action commenced by a claimant prior to compliance with the requirements of this section shall be subject
to dismissal without prejudice, and may not be recommenced
until the claimant has complied with the requirements of this
section.
(7) Nothing in this section may be construed to prevent a
claimant from commencing an action on the construction
defect claim described in the notice of claim if the construction professional fails to perform the construction agreed
upon, fails to remedy the defect, or fails to perform by the
timetable agreed upon pursuant to subsection (2)(a) or (5) of
this section.
(8) Prior to commencing any action alleging a construction defect, or after the dismissal of any action without prejudice pursuant to subsection (6) of this section, the claimant
may amend the notice of claim to include construction
defects discovered after the service of the original notice of
claim, and must otherwise comply with the requirements of
this section for the additional claims. The service of an
amended notice of claim shall relate back to the original
notice of claim for purposes of tolling statutes of limitations
and repose. Claims for defects discovered after the commencement or recommencement of an action may be added
to such action only after providing notice to the construction
professional of the defect and allowing for response under
subsection (2) of this section. [2002 c 323 § 3.]
64.50.030 List of known construction defects—
Requirements—Time limits. (1) In every action brought
against a construction professional, the claimant, including a
construction professional asserting a claim against another
construction professional, shall file with the court and serve
on the defendant a list of known construction defects in
accordance with this section.
(2) The list of known construction defects shall contain a
description of the construction that the claimant alleges to be
defective. The list of known construction defects shall be
filed with the court and served on the defendant within thirty
days after the commencement of the action or within such
longer period as the court in its discretion may allow.
(3) The list of known construction defects may be
amended by the claimant to identify additional construction
defects as they become known to the claimant.
(4) The list of known construction defects must specify,
to the extent known to the claimant, the construction professional responsible for each alleged defect identified by the
claimant.
(5) If a subcontractor or supplier is added as a party to an
action under this section, the party making the claim against
such subcontractor or supplier shall serve on the subcontractor or supplier the list of construction defects in accordance
with this section within thirty days after service of the com-
64.50.050
plaint against the subcontractor or supplier or within such
period as the court in its discretion may allow. [2002 c 323 §
4.]
64.50.040
64.50.040 Construction defect action brought by a
board of directors—Notice. (1)(a) In the event the board of
directors, pursuant to RCW 64.34.304(1)(d) or 64.38.020(4),
institutes an action asserting defects in the construction of
two or more residences, common elements, or common areas,
this section shall apply. For purposes of this section, "action"
has the same meaning as set forth in RCW 64.50.010.
(b) The board of directors shall substantially comply
with the provisions of this section.
(2)(a) Prior to the service of the summons and complaint
on any defendant with respect to an action governed by this
section, the board of directors shall mail or deliver written
notice of the commencement or anticipated commencement
of such action to each homeowner at the last known address
described in the association's records.
(b) The notice required by (a) of this subsection shall
state a general description of the following:
(i) The nature of the action and the relief sought; and
(ii) The expenses and fees that the board of directors
anticipates will be incurred in prosecuting the action.
(3) Nothing in this section may be construed to:
(a) Require the disclosure in the notice or the disclosure
to a unit owner of attorney-client communications or other
privileged communications;
(b) Permit the notice to serve as a basis for any person to
assert the waiver of any applicable privilege or right of confidentiality resulting from, or to claim immunity in connection
with, the disclosure of information in the notice; or
(c) Limit or impair the authority of the board of directors
to contract for legal services, or limit or impair the ability to
enforce such a contract for legal services. [2002 c 323 § 5.]
64.50.030
(2004 Ed.)
64.50.050
64.50.050 Construction professional right to offer to
cure defects—Notice to homeowner. (1) The construction
professional shall provide notice to each homeowner upon
entering into a contract for sale, construction, or substantial
remodel of a residence, of the construction professional's
right to offer to cure construction defects before a homeowner may commence litigation against the construction professional. Such notice shall be conspicuous and may be
included as part of the underlying contract signed by the
homeowner. In the sale of a condominium unit, the requirement for delivery of such notice shall be deemed satisfied if
contained in a public offering statement delivered in accordance with chapter 64.34 RCW.
(2) The notice required by this subsection shall be in substantially the following form:
CHAPTER 64.50 RCW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW
BEFORE YOU MAY FILE A LAWSUIT FOR
DEFECTIVE CONSTRUCTION AGAINST THE
SELLER OR BUILDER OF YOUR HOME.
FORTY-FIVE DAYS BEFORE YOU FILE YOUR
LAWSUIT, YOU MUST DELIVER TO THE
SELLER OR BUILDER A WRITTEN NOTICE
OF ANY CONSTRUCTION CONDITIONS YOU
ALLEGE ARE DEFECTIVE AND PROVIDE
YOUR SELLER OR BUILDER THE OPPORTU[Title 64 RCW—page 73]
64.50.060
Title 64 RCW: Real Property and Conveyances
NITY TO MAKE AN OFFER TO REPAIR OR
PAY FOR THE DEFECTS. YOU ARE NOT
OBLIGATED TO ACCEPT ANY OFFER MADE
BY THE BUILDER OR SELLER. THERE ARE
STRICT DEADLINES AND PROCEDURES
UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO
FILE A LAWSUIT.
(3) This chapter shall not preclude or bar any action if
notice is not given to the homeowner as required by this section. [2002 c 323 § 6.]
64.50.060 Interpretation of chapter regarding certain relationships and rights. Nothing in this chapter shall
be construed to hinder or otherwise affect the employment,
agency, or contractual relationship between and among
homeowners and construction professionals during the process of construction or remodeling and does not preclude the
termination of those relationships as allowed under current
law. Nothing in this chapter shall negate or otherwise restrict
a construction professional's right to access or inspection provided by law, covenant, easement, or contract. [2002 c 323 §
7.]
64.50.060
[Title 64 RCW—page 74]
(2004 Ed.)
Title 65
RECORDING, REGISTRATION, AND LEGAL PUBLICATION
Title 65
Chapters
65.04 Duties of county auditor.
65.08 Recording.
65.12 Registration of land titles (Torrens Act).
65.16 Legal publications.
65.20 Classification of manufactured homes.
Assessor's plats: Chapter 58.18 RCW.
Assignment, satisfaction of mortgages: Chapter 61.16 RCW.
Civil procedure, legal publication generally: Chapter 4.28 RCW.
Community property
claim of spouse to be filed: RCW 26.16.100.
purchaser protected by record title: RCW 26.16.095.
Copies of recorded instruments as evidence: Chapter 5.44 RCW.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
County auditor: Chapter 36.22 RCW.
Crop liens: Chapter 60.11 RCW.
Eminent domain by
corporations, judgment or decree: RCW 8.20.090.
county, decree: RCW 8.08.060.
school districts, decree: RCW 8.16.110.
state, judgment or decree: RCW 8.04.120.
Eminent domain, state lands, decree: RCW 8.28.010.
Fees of county officers: Chapter 36.18 RCW.
Field notes of irregular subdivided tracts: RCW 84.40.170.
Filing reports, claims, tax returns, etc.: RCW 1.12.070.
Lis pendens, effect of filing: RCW 4.28.320.
Notice of proposed constitutional amendments, publication of: RCW
29A.52.330, 29A.52.340.
Plats: Chapter 58.08 RCW, RCW 84.40.170.
Powers of appointment: Chapter 11.95 RCW.
RCW 65.08.070 applicable to rents and profits of real property: RCW
7.28.230.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Secretary of state, duties: RCW 43.07.030.
Chapter 65.04
Chapter 65.04 RCW
DUTIES OF COUNTY AUDITOR
Sections
65.04.015
65.04.020
65.04.030
65.04.033
65.04.040
65.04.045
65.04.047
65.04.048
65.04.050
65.04.060
65.04.070
65.04.080
65.04.090
65.04.110
65.04.115
(2004 Ed.)
Definitions.
Duty to provide records.
Instruments to be recorded or filed.
Notice of abandoned cemetery document—Recording requirements.
Method for recording instruments—Marginal notations—
Arrangement of records.
Recorded instruments—Requirements—Form.
Recorded instruments—Cover sheet—When required—Form.
Additional fee for certain documents not meeting requirements—Signed statement.
Index of instruments, how made and kept—Recording of plat
names.
Record when lien is discharged.
Recording judgments affecting real property.
Entries when instruments offered for record.
Further endorsements—Delivery.
Liability of auditor for damages.
Names on documents, etc., to be printed or typewritten—
Indexing.
65.04.130
65.04.140
Fees to be paid or tendered.
Auditor as custodian of records.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
County auditor: Chapter 36.22 RCW.
Fees of county officers, generally: Chapter 36.18 RCW.
Powers of appointment: Chapter 11.95 RCW.
65.04.015
65.04.015 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Recording officer" means the county auditor, or in
charter counties the county official charged with the responsibility for recording instruments in the county records.
(2) "File," "filed," or "filing" means the act of delivering
or transmitting electronically an instrument to the auditor or
recording officer for recording into the official public
records.
(3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical, magnetic, or
microfilm storage used by the auditor or recording officer
after filing to incorporate the instrument into the public
records.
(4) "Recording number" means a unique number that
identifies the storage location (book or volume and page, reel
and frame, instrument number, auditor or recording officer
file number, receiving number, electronic retrieval code, or
other specific place) of each instrument in the public records
accessible in the same recording office where the instrument
containing the reference to the location is found.
(5) "Grantor/grantee" for recording purposes means the
names of the parties involved in the transaction used to create
the recording index. There will always be at least one grantor
and one grantee for any document. In some cases, the grantor
and the grantee will be the same individual(s), or one of the
parties may be the public.
(6) "Legible and capable of being imaged" means all
text, seals, drawings, signatures, or other content within the
document must be legible and capable of producing a readable image, regardless of what process is used for recording.
[1999 c 233 § 10; 1998 c 27 § 3; 1996 c 229 § 1; 1991 c 26 §
3.]
Effective date—1999 c 233: See note following RCW 4.28.320.
65.04.020
65.04.020 Duty to provide records. For the purpose of
recording deeds and other instruments of writing, required or
permitted by law to be recorded, the county auditor shall procure such media for records as the business of the office
requires. [1999 c 233 § 11; 1985 c 44 § 14; 1893 c 119 § 10;
Code 1881 § 2726; RRS § 10600.]
Effective date—1999 c 233: See note following RCW 4.28.320.
65.04.030
65.04.030 Instruments to be recorded or filed. The
auditor or recording officer must, upon the payment of the
[Title 65 RCW—page 1]
65.04.033
Title 65 RCW: Recording, Registration, and Legal Publication
fees as required in RCW 36.18.010 for the same, acknowledge receipt therefor in writing or printed form and record in
large and well bound books, or by photographic, photomechanical, electronic format, or other approved process, the
following:
(1) Deeds, grants and transfers of real property, mortgages and releases of mortgages of real estate, instruments or
agreements relating to community or separate property, powers of attorney to convey real estate, and leases which have
been acknowledged or proved: PROVIDED, That deeds,
contracts and mortgages of real estate described by lot and
block and addition or plat, shall not be filed or recorded until
the plat of such addition has been filed and made a matter of
record;
(2) Patents to lands and receivers' receipts, whether for
mineral, timber, homestead or preemption claims or cash
entries;
(3) All such other papers or writing as are required by
law to be recorded and such as are required by law to be filed.
[1996 c 229 § 2; 1991 c 26 § 4; 1985 c 44 § 15; 1967 c 98 §
1; 1919 c 182 § 1; 1893 c 119 § 11; Code 1881 § 2727; 1865
p 26 § 1; RRS § 10601.]
Claim of spouse in community realty to be filed: RCW 26.16.100.
Marriage certificate to county auditor, filing and recording, etc.: RCW
26.04.090, 26.04.100.
Purchaser of community realty protected by record title: RCW 26.16.095.
65.04.033
65.04.033 Notice of abandoned cemetery document—Recording requirements. Any person who has
knowledge of the existence of any cemetery, abandoned cemetery, historical cemetery, or historic grave that has not been
dedicated pursuant to RCW 68.24.010 through 68.24.040
may file for recording, in the county in which the cemetery or
grave is located, a notice of abandoned cemetery document
providing notice of the existence of the cemetery or grave.
Such document shall contain the legal description of the
property, the approximate location of the cemetery or grave
within the property, the name of the owner or reputed owner
of the property, and the assessor's tax parcel or account number. The auditor or recording officer shall index the document
to the names of the property owner and the person executing
the document. [1999 c 367 § 1.]
65.04.040
65.04.040 Method for recording instruments—Marginal notations—Arrangement of records. Any state,
county, or municipal officer charged with the duty of recording instruments in public records shall record them by
*record location number in the order filed, irrespective of the
type of instrument, using a process that has been tested and
approved for the intended purpose by the state archivist.
In addition, the county auditor or recording officer, in the
exercise of the duty of recording instruments in public
records, may, in lieu of transcription, record all instruments,
that he or she is charged by law to record, by any electronic
data transfer, photographic, photostatic, microfilm, microcard, miniature photographic or other process that actually
reproduces or forms a durable medium for so reproducing the
original, and which has been tested and approved for the
intended purpose by the state archivist. If the county auditor
or recording officer records any instrument by a process
[Title 65 RCW—page 2]
approved by the state archivist it shall not be necessary thereafter to make any notations or marginal notes, which are otherwise required by law, thereon if, in lieu of making said
notations thereon, the auditor or recording officer immediately makes a note of such in the general index in the column
headed "remarks," listing the record number location of the
instrument to which the current entry relates back.
Previously recorded or filed instruments may be processed and preserved by any means authorized under this section for the original recording of instruments. The county
auditor or recording officer may provide for the use of the
public, media containing reproductions of instruments and
other materials that have been recorded pursuant to the provisions of this section. The contents of the media may be
arranged according to date of filing, irrespective of type of
instrument, or in such other manner as the county auditor or
recording officer deems proper. [1996 c 229 § 3; 1991 c 26 §
5; 1985 c 44 § 16; 1967 c 98 § 2; 1959 c 254 § 1; 1919 c 125
§ 1; RRS § 10602.]
*Reviser's note: The definition "record location number" was changed
to "recording number" by 1999 c 233 § 10.
Fees for recording instruments: RCW 36.18.010.
State archivist: RCW 40.14.020.
65.04.045 Recorded instruments—Requirements—
Form. (1) When any instrument is presented to a county
auditor or recording officer for recording, the first page of the
instrument shall contain:
(a) A top margin of at least three inches and a one-inch
margin on the bottom and sides, except that an instrument
may be recorded if a minor portion of a notary seal, incidental
writing, or minor portion of a signature extends beyond the
margins;
(b) The top left-hand side of the page shall contain the
name and address to whom the instrument will be returned;
(c) The title or titles, or type or types, of the instrument
to be recorded indicating the kind or kinds of documents or
transactions contained therein immediately below the threeinch margin at the top of the page. The auditor or recording
officer shall be required to index only the title or titles captioned on the document;
(d) Reference numbers of documents assigned or
released with reference to the document page number where
additional references can be found, if applicable;
(e) The names of the grantor(s) and grantee(s), as defined
under RCW 65.04.015, with reference to the document page
number where additional names are located, if applicable;
(f) An abbreviated legal description of the property, and
for purposes of this subsection, "abbreviated legal description
of the property" means lot, block, plat, or section, township,
range, and quarter/quarter section, and reference to the document page number where the full legal description is
included, if applicable;
(g) The assessor's property tax parcel or account number
set forth separately from the legal description or other text.
(2) All pages of the document shall be on sheets of paper
of a weight and color capable of producing a legible image
that are not larger than fourteen inches long and eight and
one-half inches wide with text printed or written in eight
point type or larger. All text within the document must be of
sufficient color and clarity to ensure that when the text is
65.04.045
(2004 Ed.)
Duties of County Auditor
imaged all text is readable. Further, all pages presented for
recording must have at minimum a one-inch margin on the
top, bottom, and sides for all pages except page one, except
that an instrument may be recorded if a minor portion of a
notary seal, incidental writing, or minor portion of a signature
extends beyond the margins, be prepared in ink color capable
of being imaged, and have all seals legible and capable of
being imaged. No attachments, except firmly attached bar
code or address labels, may be affixed to the pages.
The information provided on the instrument must be in
substantially the following form:
65.04.048
2.
3.
4.
Grantor(s) (Last name first, then first name and initials)
1.
2.
3.
4.
5. â Additional names on page
of document.
Grantee(s) (Last name first, then first name and initials)
This Space Provided for Recorder's Use
When Recorded Return to:
................................................
1.
2.
3.
4.
5. â Additional names on page
of document.
Legal Description (abbreviated: i.e., lot, block, plat or section, township, range)
Document Title(s)
â Additional legal description is on page
Grantor(s)
of document.
Grantee(s)
Assessor's Property Tax Parcel or Account Number at
the time of recording:
Legal Description
Reference Number(s) of Documents assigned or released:
Assessor's Property Tax Parcel or Account Number
Reference Numbers of Documents Assigned or Released
[1999 c 233 § 12; 1998 c 27 § 1; 1996 c 143 § 2.]
Effective date—1999 c 233: See note following RCW 4.28.320.
Effective date—1996 c 143: See note following RCW 36.18.010.
65.04.047
65.04.047 Recorded instruments—Cover sheet—
When required—Form. (1) If the first page of an instrument presented for recording does not contain the information required by RCW 65.04.045(1), the person preparing the
instrument for recording shall prepare a cover sheet that contains the required information. The cover sheet shall be
attached to the instrument and shall be recorded as a part of
the instrument. An additional page fee as determined under
RCW 36.18.010 shall be collected for recording of the cover
sheet. Any errors in the cover sheet shall not affect the transactions contained in the instrument itself. The cover sheet
need not be separately signed or acknowledged. The cover
sheet information shall be used to generate the auditor's
grantor/grantee index, however, the names and legal description in the instrument itself will determine the legal chain of
title. The cover sheet shall be substantially the following
form:
Return Address
Please print or type information
Document Title(s) (or transactions contained therein):
1.
(2004 Ed.)
â Additional references on page
of document.
The Auditor or Recording Officer will rely on the information provided on this form. The staff will not read the document to verify the accuracy of or the completeness of the
indexing information provided herein.
(2) Documents which are exempt from format requirements and which may be recorded with a properly completed
cover sheet include: Documents which were signed prior to
January 1, 1997; military separation documents; documents
executed outside of the United States; certified copies of documents; any birth or death certificate; marriage certificates
from outside the state of Washington; any document, one of
whose original signer is deceased or otherwise incapacitated;
and judgments or other documents formatted to meet court
requirements. [1999 c 233 § 13; 1998 c 27 § 2; 1996 c 143 §
3.]
Effective date—1999 c 233: See note following RCW 4.28.320.
Effective date—1996 c 143: See note following RCW 36.18.010.
65.04.048
65.04.048 Additional fee for certain documents not
meeting requirements—Signed statement. (1) Documents
which must be recorded immediately and which do not meet
margin and font size requirements may be recorded for an
additional fee of fifty dollars. Documents which do not meet
legibility requirements must not be recorded as a nonstandard
recording.
(2) In addition to preparing a properly completed cover
sheet as described in RCW 65.04.047, the person preparing
the document for recording must sign a statement which must
be attached to the document and which must read substantially as follows: "I am requesting an emergency nonstandard
[Title 65 RCW—page 3]
65.04.050
Title 65 RCW: Recording, Registration, and Legal Publication
recording for an additional fee as provided in RCW
36.18.010. I understand that the recording processing
requirements may cover up or otherwise obscure some part of
the text of the original document." [1999 c 233 § 14.]
Effective date—1999 c 233: See note following RCW 4.28.320.
65.04.050
65.04.050 Index of instruments, how made and
kept—Recording of plat names. Every auditor or recording
officer must keep a general index, direct and inverted. The
index may be either printed on paper or produced on microfilm or microfiche, or it can be created from a computerized
data base and displayed on a video display terminal. Any reference to a prior *record location number may be entered in
the remarks column. Any property legal description contained in the instrument must be entered in the description of
property column of the general index. The direct index shall
be divided into eight columns, and with heads to the respective columns, as follows: Date of reception, grantor, grantee,
nature of instrument, volume and page where recorded and/or
the auditor's file number, remarks, description of property,
assessor's property tax parcel or account number. The auditor
or recording officer shall correctly enter in such index every
instrument concerning or affecting real estate which by law is
required to be recorded, the names of grantors being in alphabetical order. The inverted index shall also be divided into
eight columns, precisely similar, except that "grantee" shall
occupy the second column and "grantor" the third, the names
of grantees being in alphabetical order. The auditor or recording officer may combine the direct and indirect indexes into a
single index if it contains all the information required to be
contained in the separate direct and indirect indexes and the
names of all grantors and grantees can be found by a person
searching the combined index. For the purposes of this chapter, the term "grantor" means any person conveying or
encumbering the title to any property, or any person against
whom any lis pendens, judgment, notice of lien, order of sale,
execution, writ of attachment, or claims of separate or community property shall be placed on record. The auditor or
recording officer shall also enter in the general index, the
name of the party or parties platting a town, village, or addition in the column prescribed for "grantors," describing the
grantee in such case as "the public." However, the auditor or
recording officer shall not receive or record any such plat or
map until it has been approved by the mayor and common
council of the municipality in which the property so platted is
situated, or if the property be not situated within any municipal corporation, then the plat must be first approved by the
county legislative authority. The auditor or recording officer
shall not receive for record any plat, map, or subdivision of
land bearing a name the same or similar to the name of any
map or plat already on record in the office. The auditor or
recording officer may establish a name reservation system to
preclude the possibility of duplication of names. [1996 c 143
§ 4; 1991 c 26 § 6; 1893 c 119 § 12; Code 1881 § 2728; 1869
p 314 § 24; RRS § 10603.]
*Reviser's note: The definition "record location number" was changed
to "recording number" by 1999 c 233 § 10.
Effective date—1996 c 143: See note following RCW 36.18.010.
[Title 65 RCW—page 4]
65.04.060
65.04.060 Record when lien is discharged. Whenever
any mortgage, bond, lien, or instrument incumbering real
estate, has been satisfied, released or discharged, by the
recording of an instrument of release, or acknowledgment of
satisfaction, the auditor shall immediately note, in the comment section of the index, the recording number of the original mortgage, bond, lien, or instrument. [1999 c 233 § 15;
1985 c 44 § 17; Code 1881 § 2729; 1869 p 315 § 25; RRS §
10604.]
Effective date—1999 c 233: See note following RCW 4.28.320.
65.04.070
65.04.070 Recording judgments affecting real property. The auditor must file and record with the record of
deeds, grants and transfers certified copies of final judgments
or decrees partitioning or affecting the title or possession of
real property, any part of which is situated in the county of
which he is recorder. Every such certified copy or partition,
from the time of filing the same with the auditor for record,
imparts notice to all persons of the contents thereof, and subsequent purchasers, mortgagees and lien holders purchase
and take with like notice and effect as if such copy or decree
was a duly recorded deed, grant or transfer. [Code 1881 §
2730; RRS § 10605.]
65.04.080
65.04.080 Entries when instruments offered for
record. When any instrument, paper, or notice, authorized or
required by law to be filed or recorded, is deposited in or
electronically transmitted to the county auditor's office for
filing or record, that officer must indorse upon the same the
time when it was received, noting the year, month, day, hour
and minute of its reception, and note that the document was
received by electronic transmission, and must file, or file and
record the same without delay, together with the acknowledgments, proofs, and certificates written or printed upon or
annexed to the same, with the plats, surveys, schedules and
other papers thereto annexed, in the order and as of the time
when the same was received for filing or record, and must
note on the instrument filed, or at the foot of the record the
exact time of its reception, and the name of the person at
whose request it was filed or filed and recorded: PROVIDED, That the county auditor shall not be required to
accept for filing, or filing and recording, any instrument
unless there appear upon the face thereof, the name and
nature of the instrument offered for filing, or filing and
recording, as the case may be. [1996 c 229 § 4; 1985 c 44 §
18; 1927 c 187 § 1; Code 1881 § 2731; 1869 p 313 § 19; RRS
§ 10606.]
65.04.090
65.04.090 Further endorsements—Delivery. The
recording officer must also endorse upon such an instrument,
paper, or notice, the time when and the book and page in
which it is recorded, and must thereafter either electronically
transmit or deliver it to the party leaving the same for record
or to the address on the face of the document. [2003 c 239 §
1; 1996 c 229 § 5; Code 1881 § 2732; RRS § 10607.]
65.04.110
65.04.110 Liability of auditor for damages. If any
county auditor to whom an instrument, proved or acknowledged according to law, or any paper or notice which may by
law be recorded is delivered or electronically transmitted for
(2004 Ed.)
Recording
record: (1) Neglects or refuses to record such instrument,
paper or notice, within a reasonable time after receiving the
same; or (2) records any instruments, papers or notices
untruly, or in any other manner than as directed in this chapter; or, (3) neglects or refuses to keep in his or her office such
indexes as are required by *this act, or to make the proper
entries therein; or, (4) neglects or refuses to make the
searches and to give the certificate required by *this act; or if
such searches or certificate are incomplete and defective in
any important particular affecting the property in respect to
which the search is requested; or, (5) alters, changes, or obliterates any records deposited in his or her office, or inserts any
new matter therein; he or she is liable to the party aggrieved
for the amount of damage which may be occasioned thereby.
However, if the name or names and address hand printed,
printed, or typewritten on any instrument, proved or
acknowledged according to law, or on any paper or notice
which may by law be filed or recorded, is or are incorrect, or
misspelled or not the true name or names of the party or parties appearing thereon, the county auditor shall not, by reason
of such fact, be liable for any loss or damage resulting therefrom. [1996 c 229 § 6; 1965 c 134 § 1; Code 1881 § 2734;
RRS § 10609.]
*Reviser's note: The language "this act" appears in Code 1881 c 211,
codified herein as RCW 5.44.070, 36.16.030 through 36.16.050, 36.16.070,
36.16.080, 36.22.110 through 36.22.130, 36.22.150, 65.04.020, 65.04.030,
65.04.050 through 65.04.110, 65.04.130, and 65.04.140.
65.08.050
promptly furnishing the said records and files of his said
office to persons demanding any information from the same.
The said auditor or recorder must and shall, upon demand,
and without charge, freely permit any and all persons, during
reasonable office hours, to inspect, examine and search any
or all of the records and files of his said office, and to gather
any information therefrom, and to make any desired notes or
memoranda about or concerning the same, and to prepare an
abstract or abstracts of title to any and all property therein
contained. [1886 p 163 § 1; 1883 p 34 § 1; Code 1881 §
2736; RRS § 10611.]
Chapter 65.08
Sections
65.08.030
65.08.050
65.08.060
65.08.070
65.08.090
65.08.095
65.08.100
65.08.110
65.08.120
65.08.130
65.08.140
65.08.150
65.08.160
65.08.170
65.04.115
65.04.115 Names on documents, etc., to be printed or
typewritten—Indexing. The name or names appearing on
all documents or instruments, proved or acknowledged
according to law, or on any paper which may by law be filed
or recorded shall be hand printed, printed or typewritten so as
to be legible and the county auditor shall index said documents and instruments in accordance with the hand printed,
printed or typewritten name or names appearing thereon.
[1965 c 134 § 2.]
65.04.130
65.04.130 Fees to be paid or tendered. Said county
auditor is not bound to record any instrument, or file any
paper or notice, or furnish any copies, or to render any service
connected with his office, until his fees for the same, as prescribed by law, are if demanded paid or tendered. [Code
1881 § 2735; RRS § 10610.]
Chapter 65.08 RCW
RECORDING
65.08.180
Recorded irregular instrument imparts notice.
Recording land office receipts.
Terms defined.
Real property conveyances to be recorded.
Letters patent.
Conveyances of fee title by public bodies.
Certified copies.
Certified copies—Effect.
Assignment of mortgage—Notice.
Revocation of power of attorney.
No liability for error in recording when properly indexed.
Duty to record.
Recording master form instruments and mortgages or deeds of
trust incorporating master form provisions.
Notice of additional water or sewer facility tap or connection
charges—Required—Contents.
Notice of additional water or sewer facility tap or connection
charges—Duration—Certificate of payment and release.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Powers of appointment: Chapter 11.95 RCW.
65.08.030
65.08.030 Recorded irregular instrument imparts
notice. An instrument in writing purporting to convey or
encumber real estate or any interest therein, which has been
recorded in the auditor's office of the county in which the real
estate is situated, although the instrument may not have been
executed and acknowledged in accordance with the law in
force at the time of its execution, shall impart the same notice
to third persons, from the date of recording, as if the instrument had been executed, acknowledged, and recorded, in
accordance with the laws regulating the execution, acknowledgment, and recording of the instrument then in force.
[1953 c 115 § 1. Prior: 1929 c 33 § 8; RRS § 10599.]
65.04.140
65.04.140 Auditor as custodian of records. The
county auditor in his capacity of recorder of deeds is sole custodian of all books in which are recorded deeds, mortgages,
judgments, liens, incumbrances and other instruments of
writing, indexes thereto, maps, charts, town plats, survey and
other books and papers constituting the records and files in
said office of recorder of deeds, and all such records and files
are, and shall be, matters of public information, free of charge
to any and all persons demanding to inspect or to examine the
same, or to search the same for titles of property. It is said
recorder's duty to arrange in suitable places the indexes of
said books of record, and when practicable, the record books
themselves, to the end that the same may be accessible to the
public and convenient for said public inspection, examination
and search, and not interfere with the said auditor's personal
control and responsibility for the same, or prevent him from
(2004 Ed.)
65.08.050 Recording land office receipts. Every cash
or final receipt from any receiver, and every cash or final certificate from any register of the United States land office, evidencing that final payment has been made to the United
States as required by law, or that the person named in such
certificate is entitled, on presentation thereof, to a patent from
the United States for land within the state of Washington,
shall be recorded by the county auditor of the county wherein
such land lies, on request of any party presenting the same,
and any record heretofore made of any such cash or final
receipt or certificate shall, from the date when this section
becomes a law, and every record hereafter made of any such
receipt or certificate shall, from the date of recording, impart
to third persons and all the world, full notice of all the rights
and equities of the person named in said cash or final receipt
65.08.050
[Title 65 RCW—page 5]
65.08.060
Title 65 RCW: Recording, Registration, and Legal Publication
or certificate in the land described in such receipt or certificate. [1890 p 92 § 1; RRS § 10613.]
65.08.060
65.08.060 Terms defined. (1) The term "real property"
as used in RCW 65.08.060 through 65.08.150 includes lands,
tenements and hereditaments and chattels real and mortgage
liens thereon except a leasehold for a term not exceeding two
years.
(2) The term "purchaser" includes every person to whom
any estate or interest in real property is conveyed for a valuable consideration and every assignee of a mortgage, lease or
other conditional estate.
(3) The term "conveyance" includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned or by which the title
to any real property may be affected, including an instrument
in execution of a power, although the power be one of revocation only, and an instrument releasing in whole or in part,
postponing or subordinating a mortgage or other lien; except
a will, a lease for a term of not exceeding two years, and an
instrument granting a power to convey real property as the
agent or attorney for the owner of the property. "To convey"
is to execute a "conveyance" as defined in this subdivision.
(4) The term "recording officer" means the county auditor or, in charter counties, the county official charged with the
responsibility for recording instruments in the county
records. [1999 c 233 § 16; 1984 c 73 § 1; 1927 c 278 § 1;
RRS § 10596-1.]
Effective date—1999 c 233: See note following RCW 4.28.320.
65.08.070
65.08.070 Real property conveyances to be recorded.
A conveyance of real property, when acknowledged by the
person executing the same (the acknowledgment being certified as required by law), may be recorded in the office of the
recording officer of the county where the property is situated.
Every such conveyance not so recorded is void as against any
subsequent purchaser or mortgagee in good faith and for a
valuable consideration from the same vendor, his heirs or
devisees, of the same real property or any portion thereof
whose conveyance is first duly recorded. An instrument is
deemed recorded the minute it is filed for record. [1927 c 278
§ 2; RRS § 10596-2. Prior: 1897 c 5 § 1; Code 1881 § 2314;
1877 p 312 § 4; 1873 p 465 § 4; 1863 p 430 § 4; 1860 p 299
§ 4; 1858 p 28 § 1; 1854 p 403 § 4.]
RCW 65.08.070 applicable to rents and profits of real property: RCW
7.28.230.
65.08.090
65.08.090 Letters patent. Letters patent from the
United States or the state of Washington granting real property may be recorded in the office of the recording officer of
the county where such property is situated in the same manner and with like effect as a conveyance that is entitled to be
recorded. [1927 c 278 § 4; RRS § 10596-4.]
65.08.095
65.08.095 Conveyances of fee title by public bodies.
Every conveyance of fee title to real property hereafter executed by the state or by any political subdivision or municipal
corporation thereof shall be recorded by the grantor, after
having been reviewed as to form by the grantee, at the
expense of the grantee at the time of delivery to the grantee,
[Title 65 RCW—page 6]
and shall constitute legal delivery at the time of filing for
record. [1963 c 49 § 1.]
65.08.100
65.08.100 Certified copies. A copy of a conveyance of
or other instrument affecting real property recorded or filed in
the office of the secretary of state or the commissioner of
public lands, or of the record thereof, when certified in the
manner required to entitle the same to be read in evidence,
may be recorded with the certificate in the office of any
recording officer of the state. [1927 c 278 § 5; RRS § 105965.]
65.08.110
65.08.110 Certified copies—Effect. A copy of a
record, when certified or authenticated to entitle it to be read
in evidence, may be recorded in any office where the original
instrument would be entitled to be recorded. Such record has
the same effect as if the original were so recorded. A copy of
the record of a conveyance of or other instrument affecting
separate parcels of real property situated in more than one
county, when certified or authenticated to entitle it to be read
in evidence may be recorded in the office of the recording
officer of any county in which any such parcel is situated
with the same effect as though the original instrument were
so recorded. [1927 c 278 § 6; RRS § 10596-6.]
65.08.120
65.08.120 Assignment of mortgage—Notice. The
recording of an assignment of a mortgage is not in itself
notice to the mortgagor, his heirs, assigns or personal representatives, to invalidate a payment made by any of them to a
prior holder of the mortgage. [1927 c 278 § 7; RRS § 105967.]
65.08.130
65.08.130 Revocation of power of attorney. A power
of attorney or other instrument recorded pursuant to RCW
65.08.060 through 65.08.150 is not deemed revoked by any
act of the party by whom it was executed unless the instrument of revocation is also recorded in the same office in
which the instrument granting the power was recorded.
[1927 c 278 § 8; RRS § 10596-8.]
65.08.140
65.08.140 No liability for error in recording when
properly indexed. A recording officer is not liable for
recording an instrument in a wrong book, volume or set of
records if the instrument is properly indexed with a reference
to the volume and page or recording number where the instrument is actually of record. [1999 c 233 § 17; 1927 c 278 § 9;
RRS § 10596-9. Formerly RCW 65.04.120.]
Effective date—1999 c 233: See note following RCW 4.28.320.
65.08.150
65.08.150 Duty to record. A recording officer, upon
payment or tender to him of the lawful fees therefor, shall
record in his office any instrument authorized or permitted to
be so recorded by the laws of this state or by the laws of the
United States. [1943 c 23 § 1; 1927 c 278 § 10; RRS §
10596-10. Formerly RCW 65.04.010.]
65.08.160
65.08.160 Recording master form instruments and
mortgages or deeds of trust incorporating master form
provisions. A mortgage or deed of trust of real estate may be
(2004 Ed.)
Registration of Land Titles (Torrens Act)
recorded and constructive notice of the same and the contents
thereof given in the following manner:
(1) An instrument containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a
mortgage or deed of trust may be recorded in the office of the
county auditor of any county and the auditor of such county,
upon the request of any person, on tender of the lawful fees
therefor, shall record the same. Every such instrument shall
be entitled on the face thereof as a "Master form recorded
by . . . (name of person causing the instrument to be
recorded)." Such instrument need not be acknowledged to be
entitled to record.
(2) When any such instrument is recorded, the county
auditor shall index such instrument under the name of the
person causing it to be recorded in the manner provided for
miscellaneous instruments relating to real estate.
(3) Thereafter any of the provisions of such master form
instrument may be incorporated by reference in any mortgage
or deed of trust of real estate situated within this state, if such
reference in the mortgage or deed of trust states that the master form instrument was recorded in the county in which the
mortgage or deed of trust is offered for record, the date when
and the book and page or pages or recording number where
such master form instrument was recorded, and that a copy of
such master form instrument was furnished to the person executing the mortgage or deed of trust. The recording of any
mortgage or deed of trust which has so incorporated by reference therein any of the provisions of a master form instrument recorded as provided in this section shall have like
effect as if such provisions of the master form so incorporated
by reference had been set forth fully in the mortgage or deed
of trust.
(4) Whenever a mortgage or deed of trust is presented for
recording on which is set forth matter purporting to be a copy
or reproduction of such master form instrument or of part
thereof, identified by its title as provided in subsection (1) of
this section and stating the date when it was recorded and the
book and page where it was recorded, preceded by the words
"do not record" or "not to be recorded," and plainly separated
from the matter to be recorded as a part of the mortgage or
deed of trust in such manner that it will not appear upon a
photographic reproduction of any page containing any part of
the mortgage or deed of trust, such matter shall not be
recorded by the county auditor to whom the instrument is presented for recording; in such case the county auditor shall
record only the mortgage or deed of trust apart from such
matter and shall not be liable for so doing, any other provisions of law to the contrary notwithstanding. [1999 c 233 §
18; 1967 c 148 § 1.]
Effective date—1999 c 233: See note following RCW 4.28.320.
65.08.170
65.08.170 Notice of additional water or sewer facility
tap or connection charges—Required—Contents. When
any municipality as defined in RCW 35.91.020 or any county
has levied or intends to levy a charge on property pertaining
to:
(1) The amount required by the provisions of a contract
pursuant to RCW 35.91.020 under which the water or sewer
facilities so tapped into or used were constructed; or
(2004 Ed.)
Chapter 65.12
(2) Any connection charges which are in fact reimbursement for the cost of facilities constructed by the sale of revenue bonds; or
(3) The additional connection charge authorized in RCW
35.92.025;
such municipality or county shall record in the office in
which deeds are recorded of the county or counties in which
such facility is located a notice of additional tap or connection charges. Such notice shall contain either the legal
description of the land affected by such additional tap or connection charges or a map making appropriate references to
the United States government survey showing in outline the
land affected or to be affected by such additional tap or connection charges. [1977 c 72 § 1.]
65.08.180 Notice of additional water or sewer facility
tap or connection charges—Duration—Certificate of
payment and release. The notice required by RCW
65.08.170, when duly recorded, shall be effective until there
is recorded in the same office in which the notice was
recorded a certificate of payment and release executed by the
municipality or county. Such certificate shall contain a legal
description of the particular parcel of land so released and
shall be recorded within thirty days of the date of payment
thereof. [1977 c 72 § 2.]
65.08.180
Chapter 65.12
Chapter 65.12 RCW
REGISTRATION OF LAND TITLES
(TORRENS ACT)
Sections
65.12.005
65.12.010
65.12.015
65.12.020
65.12.025
65.12.030
65.12.035
65.12.040
65.12.050
65.12.055
65.12.060
65.12.065
65.12.070
65.12.080
65.12.085
65.12.090
65.12.100
65.12.110
65.12.120
65.12.125
65.12.130
65.12.135
65.12.140
65.12.145
65.12.150
65.12.155
65.12.160
65.12.165
65.12.170
65.12.175
65.12.180
65.12.190
65.12.195
65.12.200
65.12.210
65.12.220
65.12.225
65.12.230
65.12.235
65.12.240
Registration authorized—Who may apply.
Land subject to a lesser estate.
Tax title land—Conditions to registration.
Application.
Various lands in one application.
Amendment of application.
Form of application.
Venue—Power of the court.
Registrars of titles.
Bond of registrar.
Deputy registrar—Duties—Vacancy.
Registrar not to practice law—Liability for deputy.
Nonresident to appoint agent.
Filing application—Docket and record entries.
Filing abstract of title.
Examiner of titles—Appointment—Oath—Bond.
Copy of application as lis pendens.
Examination of title.
Summons to issue.
Summons—Form.
Parties to action.
Service of summons.
Copy mailed to nonresidents—Proof—Expense.
Guardians ad litem.
Who may appear—Answer.
Judgment by default—Proof.
Cause set for trial—Default—Referral.
Court may require further proof.
Application dismissed or withdrawn.
Decree of registration—Effect—Appellate review.
Rights of persons not served.
Limitation of actions.
Title free from incumbrances—Exceptions.
Decree—Contents—Filing.
Interest acquired after filing application.
Registration—Effect.
Withdrawal authorized—Effect.
Application to withdraw.
Certificate of withdrawal.
Effect of recording.
[Title 65 RCW—page 7]
65.12.005
65.12.245
65.12.250
65.12.255
65.12.260
65.12.265
65.12.270
65.12.275
65.12.280
65.12.290
65.12.300
65.12.310
65.12.320
65.12.330
65.12.340
65.12.350
65.12.360
65.12.370
65.12.375
65.12.380
65.12.390
65.12.400
65.12.410
65.12.420
65.12.430
65.12.435
65.12.440
65.12.445
65.12.450
65.12.460
65.12.470
65.12.480
65.12.490
65.12.500
65.12.510
65.12.520
65.12.530
65.12.540
65.12.550
65.12.560
65.12.570
65.12.580
65.12.590
65.12.600
65.12.610
65.12.620
65.12.630
65.12.635
65.12.640
65.12.650
65.12.660
65.12.670
65.12.680
65.12.690
65.12.700
65.12.710
65.12.720
65.12.730
65.12.740
65.12.750
65.12.760
65.12.770
65.12.780
65.12.790
65.12.800
Title 65 RCW: Recording, Registration, and Legal Publication
Title prior to withdrawal unaffected.
Entry of registration—Records.
Certificate of title.
Owner's certificate—Receipt.
Tenants in common.
Subsequent certificates.
Exchange of certificates—Platting land.
Effective date of certificate.
Certificate of title as evidence.
Indexes and files—Forms.
Tract and alphabetical indexes.
Dealings with registered land.
Registration has effect of recording.
Filing—Numbering—Indexing—Public records.
Duplicate of instruments certified—Fees.
New certificate—Register of less than fee—When form of
memorial in doubt.
Owner's certificate to be produced when new certificate
issued.
Owner's duplicate certificate.
Conveyance of registered land.
Certificate of tax payment.
Registered land charged as other land.
Conveyances by attorney in fact.
Encumbrances by owner.
Registration of mortgages.
Dealings with mortgages.
Foreclosures on registered land.
Registration of final decree—New certificate.
Title on foreclosure—Registration.
Petition for new certificate.
Registration of leases.
Instruments with conditions.
Transfers between trustees.
Trustee may register land.
Creation of lien on registered land.
Registration of liens.
Entry as to plaintiff's attorney.
Decree.
Title acquired on execution.
Termination of proceedings.
Land registered only after redemption period.
Registration on inheritance.
Probate court may direct sale of registered land.
Trustees and receivers.
Eminent domain—Reversion.
Registration when owner's certificate withheld.
Reference to examiner of title.
Examiner of titles.
Registered instruments to contain names and addresses—Service of notices.
Adverse claims—Procedure.
Assurance fund.
Investment of fund.
Recoveries from fund.
Parties defendant—Judgment—Payment—Duties of county
attorney.
When fund not liable—Maximum liability.
Limitation of actions.
Proceeding to change records.
Certificate subject of theft—Penalty.
Perjury.
Fraud—False entries—Penalty.
Forgery—Penalty.
Civil actions unaffected.
Fees of clerk.
Fees of registrar.
Disposition of fees.
65.12.005
65.12.005 Registration authorized—Who may apply.
The owner of any estate or interest in land, whether legal or
equitable, except unpatented land, may apply as hereinafter
provided to have the title of said land registered. The application may be made by the applicant personally, or by an agent
thereunto lawfully authorized in writing, which authority
shall be executed and acknowledged in the same manner and
form as is now required as to a deed, and shall be recorded in
the office of the county auditor in the county in which the
land, or the major portion thereof, is situated before the mak[Title 65 RCW—page 8]
ing of the application by such agent. A corporation may apply
by its authorized agent, and an infant or any other person
under disability by his legal guardian. Joint tenants and tenants in common shall join in the application. The person in
whose behalf the application is made shall be named as applicant. [1907 c 250 § 1; RRS § 10622.]
Construction—1907 c 250: "This act shall be construed liberally, so
far as may be necessary for the purpose of carrying out its general intent,
which is, that any owner of land may register his title and bring his land
under the provisions of this act, but no one is required so to do." [1907 c 250
§ 97.]
65.12.010
65.12.010 Land subject to a lesser estate. It shall not
be an objection to bringing land under this chapter, that the
estate or interest of the applicant is subject to any outstanding
lesser estate, mortgage, lien or charge; but no mortgage, lien,
charge or lesser estate than a fee simple shall be registered
unless the estate in fee simple to the same land is registered;
and every such lesser estate, mortgage, lien or charge shall be
noted upon the certificate of title and the duplicate thereof,
and the title or interest certified shall be subject only to such
estates, mortgages, liens and charges as are so noted, except
as herein provided. [1907 c 250 § 2; RRS § 10623.]
65.12.015
65.12.015 Tax title land—Conditions to registration.
No title derived through sale for any tax or assessment, or
special assessment, shall be entitled to be registered, unless it
shall be made to appear that the title of the applicant, or those
through whom he claims title has been adjudicated by a court
of competent jurisdiction, and a decree of such court duly
made and recorded, decreeing the title of the applicant, or that
the applicant or those through whom he claims title have been
in the actual and undisputed possession of the land under
such title at least seven years, immediately prior to the application, and shall have paid all taxes and assessments legally
levied thereon during said times; unless the same is vacant
and unoccupied lands or lots, in which case, where title is
derived through sale for any tax or assessment or special
assessment for any such vacant and unoccupied lands or lots,
and the applicant, or those through whom he claims title,
shall have paid all taxes and assessments legally levied
thereon for eight successive years immediately prior to the
application, in which case such lands and lots shall be entitled
to be registered as other lands provided for by this section.
[1907 c 250 § 3; RRS § 10624.]
65.12.020
65.12.020 Application. The application shall be in
writing and shall be signed and verified by the oath of the
applicant, or the person acting in his behalf. It shall set forth
substantially:
(1) The name and place of residence of the applicant, and
if the application is by one acting in behalf of another, the
name and place of residence and capacity of the person so
acting.
(2) Whether the applicant (except in the case of a corporation) is married or not, and, if married, the name and residence of the husband or wife, and the age of the applicant.
(3) The description of the land and the assessed value
thereof, exclusive of improvements, according to the last
official assessment, the same to be taken as a basis for the
payments required under RCW 65.12.670 and 65.12.790(1).
(2004 Ed.)
Registration of Land Titles (Torrens Act)
(4) The applicant's estate or interest in the same, and
whether the same is subject to homestead exemption.
(5) The names of all persons or parties who appear of
record to have any title, claim, estate, lien or interest in the
lands described in the application for registration.
(6) Whether the land is occupied or unoccupied, and if
occupied by any other person than the applicant, the name
and post office address of each occupant, and what estate he
has or claims in the land.
(7) Whether the land is subject to any lien or incumbrance, and if any, give the nature and amount of the same,
and if recorded, the book and page of record; also give the
name and post office address of each holder thereof.
(8) Whether any other person has any estate or claims
any interest in the land, in law or equity, in possession,
remainder, reversion or expectancy, and if any, set forth the
name and post office address of every such person and the
nature of his estate or claim.
(9) In case it is desired to settle or establish boundary
lines, the names and post office addresses of all the owners of
the adjoining lands that may be affected thereby, as far as he
is able, upon diligent inquiry, to ascertain the same.
(10) If the application is on behalf of a minor, the age of
such minor shall be stated.
(11) When the place of residence of any person whose
residence is required to be given is unknown, it may be so
stated if the applicant will also state that upon diligent inquiry
he had been unable to ascertain the same. [1907 c 250 § 4;
RRS § 10625.]
65.12.025
65.12.025 Various lands in one application. Any
number of contiguous pieces of land in the same county, and
owned by the same person, and in the same right, or any number of pieces of property in the same county having the same
chain of title and belonging to the same person, may be
included in one application. [1907 c 250 § 5; RRS § 10626.]
65.12.030
65.12.030 Amendment of application. The application
may be amended only by supplemental statement in writing,
signed and sworn to as in the case of the original application.
[1907 c 250 § 6; RRS § 10627.]
65.12.035
65.12.035 Form of application. The form of application may, with appropriate changes, be substantially as follows:
FORM OF APPLICATION FOR
INITIAL REGISTRATION OF TITLE TO LAND
State of Washington
County of . . . . . . . . . . . . . . . ,





ss.
(2004 Ed.)







To the Honorable . . . . . ., judge of said court: I hereby
make application to have registered the title to the land
hereinafter described, and do solemnly swear that the
answers to the questions herewith, and the statements
herein contained, are true to the best of my knowledge,
information and belief.
First. Name of applicant, . . . . . ., age, . . . . years.
Residence, . . . . . . . . . . . (number and street, if any).
Married to . . . . . . (name of husband or wife).
Second. Applications made by . . . . . ., acting as
. . . . . . (owner, agent or attorney). Residence, . . . . . . . . . . .
(number, street).
Third. Description of real estate is as follows:
.............................................
.............................................
.............................................
.............................................
estate or interest therein is . . . . . . and . . . . . . subject to
homestead.
Fourth. The land is . . . . . . occupied by . . . . . . . . . . .
(names of occupants), whose address is . . . . . . . . . . .
(number street and town or city). The estate, interest or
claim of occupant is . . . . . .
Fifth. Liens and incumbrances on the land . . . . . .
Name of holder or owner thereof is . . . . . . Whose post
office address is . . . . . . . . . . . Amount of claim, $. . . .
Recorded, Book . . . ., page . . . ., of the records of said
county.
Sixth. Other persons, firm or corporation having or
claiming any estate, interest or claim in law or equity, in
possession, remainder, reversion or expectancy in said land
are . . . . . . whose addresses are . . . . . . . . . . . respectively.
Character of estate, interest or claim is . . . . . . . . . . . . . . .
Seventh. Other facts connected with said land and
appropriate to be considered in this registration proceeding
are . . . . . .
Eighth. Therefore, the applicant prays this honorable
court to find or declare the title or interest of the applicant
in said land and decree the same, and order the registrar of
titles to register the same and to grant such other and further
relief as may be proper in the premises.
...........................
(Applicant's signature)
By . . . . . ., agent, attorney, administrator or guardian.
Subscribed and sworn to before me this . . . . day of
. . . . . ., A.D. 19. . .
...........................
Notary Public in and for the state
of Washington, residing at . . . . . .
[1907 c 250 § 7; RRS § 10628.]
65.12.040
In the superior court of the state of Washington in and for
. . . . . . county.
In the matter of the
application of. . . . . . . . . .
to register the title
to the land hereinafter
described
65.12.040
PETITION
65.12.040 Venue—Power of the court. The application for registration shall be made to the superior court of the
state of Washington in and for the county wherein the land is
situated. Said court shall have power to inquire into the condition of the title to and any interest in the land and any lien
or encumbrance thereon, and to make all orders, judgments
and decrees as may be necessary to determine, establish and
declare the title or interest, legal or equitable, as against all
[Title 65 RCW—page 9]
65.12.050
Title 65 RCW: Recording, Registration, and Legal Publication
persons, known, or unknown, and all liens and incumbrances
existing thereon, whether by law, contract, judgment, mortgage, trust deed or otherwise, and to declare the order, priority and preference as between the same, and to remove all
clouds from the title. [1907 c 250 § 8; RRS § 10629.]
65.12.050
65.12.050 Registrars of titles. The county auditors of
the several counties of this state shall be registrars of titles in
their respective counties; and their deputies shall be deputy
registrars. All acts performed by registrars and deputy registrars under this law shall be performed under rules and
instructions established and given by the superior court having jurisdiction of the county in which they act. [1907 c 250
§ 9; RRS § 10630.]
65.12.055
65.12.055 Bond of registrar. Every county auditor
shall, before entering upon his duties as registrar of titles,
give a bond with sufficient sureties, to be approved by a judge
of the superior court of the state of Washington in and for his
county, payable to the state of Washington, in such sum as
shall be fixed by the said judge of the superior court, conditioned for the faithful discharge of his duties, and to deliver
up all papers, books, records and other property belonging to
the county or appertaining to his office as registrar of titles,
whole, safe and undefaced, when lawfully required so to do;
said bond shall be filed in the office of the secretary of state,
and a copy thereof shall be filed and entered upon the records
of the superior court in the county wherein the county auditor
shall hold office. [1907 c 250 § 10; RRS § 10631.]
65.12.060
65.12.060 Deputy registrar—Duties—Vacancy. Deputy registrars shall perform any and all duties of the registrar
in the name of the registrar, and the acts of such deputies shall
be held to be the acts of the registrar, and in the case of the
death of the registrar or his removal from office, the vacancy
shall be filled in the same manner as is provided by law for
filling such vacancy in the office of the county auditor. The
person so appointed to fill such vacancy shall file a bond and
be vested with the same powers as the registrar whose office
he is appointed to fill. [1907 c 250 § 11; RRS § 10632.]
65.12.065
65.12.065 Registrar not to practice law—Liability
for deputy. No registrar or deputy registrar shall practice as
an attorney or counselor at law, nor prepare any papers in any
proceeding herein provided for, nor while in the office be in
partnership with any attorney or counselor at law so practicing. The registrar shall be liable for any neglect or omission
of the duties of his office when occasioned by a deputy registrar, in the same manner as for his own personal neglect or
omission. [1907 c 250 § 12; RRS § 10633.]
65.12.070
65.12.070 Nonresident to appoint agent. If the applicant is not a resident of the state of Washington, he shall file
with his application a paper, duly acknowledged, appointing
an agent residing in this state, giving his name in full and post
office address, and shall therein agree that the service of any
legal process in proceedings under or growing out of the
application shall be of the same legal effect when made on
said agent as if made on the applicant within this state. If the
agent so appointed dies or removes from the state, the appli[Title 65 RCW—page 10]
cant shall at once make another appointment in like manner,
and if he fails so to do, the court may dismiss the application.
[1907 c 250 § 14; RRS § 10635.]
65.12.080
65.12.080 Filing application—Docket and record
entries. The application shall be filed in the office of the
clerk of the court to which the application is made and in case
of personal service a true copy thereof shall be served with
the summons, and the clerk shall docket the case in a book to
be kept for that purpose, which shall be known as the "land
registration docket". The record entry of the application shall
be entitled (name of applicant), plaintiff, against (here insert
the names of all persons named in the application as being in
possession of the premises, or as having any lien, incumbrance, right, title or interest in the land, and the names of all
persons who shall be found by the report of the examiner
hereinafter provided for to be in possession or to have any
lien, incumbrance, right, title or interest in the land), also all
other persons or parties unknown, claiming any right, title,
estate, lien or interest in the real estate described in the application herein, defendants.
All orders, judgments and decrees of the court in the case
shall be appropriately entered in such docket. All final orders
or decrees shall be recorded, and proper reference made
thereto in such docket. [1907 c 250 § 15; RRS § 10636.]
65.12.085
65.12.085 Filing abstract of title. The applicant shall
also file with the said clerk, at the time the application is
made, an abstract of title such as is now commonly used, prepared and certified to by the county auditor of the county, or
a person, firm or corporation regularly engaged in the
abstract business, and having satisfied the said superior court
that they have a complete set of abstract books and are in
existence and doing business at the time of the filing of the
application under this chapter. [1907 c 250 § 15a; RRS §
10637.]
65.12.090
65.12.090 Examiner of titles—Appointment—
Oath—Bond. The judges of the superior court in and for the
state of Washington for the counties for which they were
elected or appointed shall appoint a competent attorney in
each county to be examiner of titles and legal adviser of the
registrar. The examiner of titles in each county shall be paid
in each case by the applicant such compensation as the judge
of the superior court of the state of Washington in and for that
county shall determine. Every examiner of titles shall, before
entering upon the duties of his office, take and subscribe an
oath of office to faithfully and impartially perform the duties
of his office, and shall also give a bond in such amount and
with such sureties as shall be approved by the judge of the
said superior court, payable in like manner and with like conditions as required of the registrar. A copy of the bond shall
be entered upon the records of said court and the original
shall be filed with the registrar. [1907 c 250 § 13; RRS §
10634.]
65.12.100
65.12.100 Copy of application as lis pendens. At the
time of the filing of the application in the office of the clerk
of the court, a copy thereof, certified by the clerk, shall be
filed (but need not be recorded) in the office of the county
(2004 Ed.)
Registration of Land Titles (Torrens Act)
auditor, and shall have the force and effect of a lis pendens.
[1907 c 250 § 16; RRS § 10638.]
65.12.110
65.12.110 Examination of title. Immediately after the
filing of the abstract of title, the court shall enter an order
referring the application to an examiner of titles, who shall
proceed to examine into the title and into the truth of the matters set forth in the application, and particularly whether the
land is occupied, the nature of the occupation, if occupied,
and by what right, and, also as to all judgments against the
applicant or those through whom he claims title, which may
be a lien upon the lands described in the application; he shall
search the records and investigate all the facts brought to his
notice, and file in the case a report thereon, including a certificate of his opinion upon the title. The clerk of the court shall
thereupon give notice to the applicant of the filing of such
report. If the opinion of the examiner is adverse to the applicant, he shall be allowed by the court a reasonable time in
which to elect to proceed further, or to withdraw his application. The election shall be made in writing, and filed with the
clerk of the court. [1907 c 250 § 17; RRS § 10639.]
65.12.120
65.12.120 Summons to issue. If, in the opinion of the
examiner, the applicant has a title, as alleged, and proper for
registration, or if the applicant, after an adverse opinion of the
examiner, elects to proceed further, the clerk of the court
shall, immediately upon the filing of the examiner's opinion
or the applicant's election, as the case may be, issue a summons substantially in the form hereinafter provided. The
summons shall be issued by the order of the court and attested
by the clerk of the court. [1907 c 250 § 18; RRS § 10640.]
65.12.125
65.12.125 Summons—Form. The summons provided
for in RCW 65.12.135 shall be in substance in the form following, to wit:
SUMMONS ON APPLICATION FOR
REGISTRATION OF LAND
State of Washington,
County of . . . . . . . . . . . . . . . ,





ss.
In the superior court of the state of Washington in and
for the county of . . . . . . (name of applicant), plaintiff,
. . . . . ., versus . . . . . . (names of all defendants), and all
other persons or parties unknown, claiming any right, title,
estate, lien or interest in the real estate, described in the
application herein . . . . . . defendants.
The state of Washington to the above-named defendants, greeting:
You are hereby summoned and required to answer the
application of the applicant plaintiff in the above entitled
application for registration of the following land situate in
. . . . . . county, Washington, to wit: (description of land),
and to file your answer to the said application in the office
of the clerk of said court, in said county, within twenty days
after the service of this summons upon you, exclusive of
the day of such service; and if you fail to answer the said
application within the time aforesaid, the applicant plaintiff
in this action will apply to the court for the relief demanded
in the application herein.
(2004 Ed.)
65.12.145
Witness, . . . . . ., clerk of said court and the seal
thereof, at . . . . . ., in said county and state, this . . . . day of
. . . . . ., A.D. 19. . .
(Seal.)
. . . . . . . . . . . . . Clerk.
[1907 c 250 § 206; RRS § 10644.]
65.12.130
65.12.130 Parties to action. The applicant shall be
known in the summons as the plaintiff. All persons named in
the application or found by the report of the examiner as
being in possession of the premises or as having of record any
lien, incumbrance, right, title, or interest in the land, and all
other persons who shall be designated as follows, viz: "All
other persons or parties unknown claiming any right, title,
estate, lien or interest in, to, or upon the real estate described
in the application herein," shall be and shall be known as
defendants. [1907 c 250 § 19; RRS § 10641.]
65.12.135
65.12.135 Service of summons. The summons shall be
directed to the defendants and require them to appear and
answer the application within twenty days after the service of
the summons, exclusive of the day of service; and the summons shall be served as is now provided for the service of
summons in civil actions in the superior court in this state,
except as herein otherwise provided. The summons shall be
served upon nonresident defendants and upon "all such
unknown persons or parties," defendant, by publishing the
summons in a newspaper of general circulation in the county
where the application is filed, once in each week for three
consecutive weeks, and the service by publication shall be
deemed complete at the end of the twenty-first day from and
including the first publication, provided that if any named
defendant assents in writing to the registration as prayed for,
which assent shall be endorsed upon the application or filed
therewith and be duly witnessed and acknowledged, then in
all such cases no service of summons upon the defendant
shall be necessary. [1985 c 469 § 60; 1907 c 250 § 20; RRS
§ 10642.]
65.12.140
65.12.140 Copy mailed to nonresidents—Proof—
Expense. The clerk of the court shall also, on or before
twenty days after the first publication, send a copy thereof by
mail to such defendants who are not residents of the state
whose place of address is known or stated in the application,
and whose appearance is not entered and who are not in person served with the summons. The certificate of the clerk that
he has sent such notice, in pursuance of this section, shall be
conclusive evidence thereof. Other or further notice of the
application for registration may be given in such manner and
to such persons as the court or any judge thereof may direct.
The summons shall be served at the expense of the applicant,
and proof of the service thereof shall be made as proof of service is now made in other civil actions. [1907 c 250 § 20a;
RRS § 10643.]
65.12.145
65.12.145 Guardians ad litem. The court shall appoint
a disinterested person to act as guardian ad litem for minors
and other persons under disability, and for all other persons
not in being who may appear to have an interest in the land.
The compensation of the said guardian shall be determined
[Title 65 RCW—page 11]
65.12.150
Title 65 RCW: Recording, Registration, and Legal Publication
by the court, and paid as a part of the expense of the proceeding. [1907 c 250 § 21; RRS § 10645.]
65.12.150
65.12.150 Who may appear—Answer. Any person
claiming an interest, whether named in the summons or not,
may appear and file an answer within the time named in the
summons, or within such further time as may be allowed by
the court. The answer shall state all objections to the application, and shall set forth the interests claimed by the party filing the same, and shall be signed and sworn to by him or by
some person in his behalf. [1907 c 250 § 22; RRS § 10646.]
65.12.155
65.12.155 Judgment by default—Proof. If no person
appears and answers within the time named in the summons,
or allowed by the court, the court may at once, upon the
motion of the applicant, no reason to the contrary appearing,
upon satisfactory proof of the applicant's right thereto, make
its order and decree confirming the title of the applicant and
ordering registration of the same. By the description in the
summons, "all other persons unknown, claiming any right,
title, lien, or interest in, to, or upon the real estate described in
the application herein", all the world are made parties defendant, and shall be concluded by the default, order and decree.
The court shall not be bound by the report of the examiners of
title, but may require other or further proof. [1907 c 250 § 23;
RRS § 10647.]
65.12.160
65.12.160 Cause set for trial—Default—Referral. If,
in any case an appearance is entered and answer filed, the
cause shall be set down for hearing on motion of either party,
but a default and order shall first be entered against all persons who do not appear and answer in the manner provided in
RCW 65.12.155. The court may refer the cause or any part
thereof to one of the examiners of title, as referee, to hear the
parties and their evidence, and make report thereon to the
court. His report shall have the same force and effect as that
of a referee appointed by the said superior court under the
laws of this state now in force, and relating to the appointment, duties and powers of referees. [1907 c 250 § 24; RRS
§ 10648.]
65.12.165
65.12.165 Court may require further proof. The
court may order such other or further hearing of the cause
before the court or before the examiner of titles after the filing of the report of the examiner, referred to in RCW
65.12.160, and require such other and further proof by either
of the parties to the cause as to the court shall seem meet and
proper. [1907 c 250 § 25; RRS § 10649.]
65.12.170
65.12.170 Application dismissed or withdrawn. If, in
any case, after hearing, the court finds that the applicant has
not title proper for registration, a decree shall be entered dismissing the application, and such decree may be ordered to
be without prejudice. The applicant may dismiss his application at any time, before the final decree, upon such terms as
may be fixed by the court, and upon motion to dismiss duly
made by the court. [1907 c 250 § 26; RRS § 10650.]
65.12.175
65.12.175 Decree of registration—Effect—Appellate
review. If the court, after hearing, finds that the applicant has
[Title 65 RCW—page 12]
title, whether as stated in his application or otherwise, proper
for registration, a decree of confirmation of title and registration shall be entered. Every decree of registration shall bind
the land, and quiet the title thereto, except as herein otherwise
provided, and shall be forever binding and conclusive upon
all persons, whether mentioned by name in the application, or
included in "all other persons or parties unknown claiming
any right, title, estate, lien or interest in, to, or upon the real
estate described in the application herein", and such decree
shall not be opened by reason of the absence, infancy or other
disability of any person affected thereby, nor by any proceeding at law, or in equity, for reversing judgments or decrees,
except as herein especially provided. Appellate review of the
court's decision may be sought as in other civil actions.
[1988 c 202 § 56; 1971 c 81 § 132; 1907 c 250 § 27; RRS §
10651.]
Severability—1988 c 202: See note following RCW 2.24.050.
65.12.180
65.12.180 Rights of persons not served. Any person
having an interest in or lien upon the land who has not been
actually served with process or notified of the filing of the
application or the pendency thereof, may at any time within
ninety days after the entry of such decree, and not afterwards,
appear and file his sworn answer to such application in like
manner as hereinbefore prescribed for making answer: PROVIDED, HOWEVER, That such person had no actual notice
or information of the filing of such application or the pendency of the proceedings during the pendency thereof, or
until within three months of the time of the filing of such
answer, which facts shall be made to appear before answering
by the affidavit of the person answering or the affidavit of
some one in his behalf having knowledge of the facts, and
PROVIDED, ALSO, that no innocent purchaser for value has
acquired an interest. If there is any such purchaser, the decree
of registration shall not be opened, but shall remain in full
force and effect forever, subject only to the right of appeal
hereinbefore provided; but any person aggrieved by such
decree in any case may pursue his remedy by suit in the
nature of an action of tort against the applicant or any other
person for fraud in procuring the decree; and may also bring
his action for indemnity as hereinafter provided. Upon the filing of such answer, and not less than ten days' notice having
been given to the applicant, and to such other interested parties as the court may order in such manner as shall be directed
by the court, the court shall proceed to review the case, and if
the court is satisfied that the order or decree ought to be
opened, an order shall be entered to that effect, and the court
shall proceed to review the proceedings, and shall make such
order in the case as shall be equitable in the premises. An
appeal may be allowed in this case, as well as from all other
decrees affecting any registered title within a like time, and in
a like manner, as in the case of an original decree under this
chapter, and not otherwise. [1907 c 250 § 28; RRS § 10652.]
65.12.190
65.12.190 Limitation of actions. No person shall commence any proceeding for the recovery of lands or any interest, right, lien or demand therein or upon the same adverse to
the title or interest as found, or decreed in the decree of registration, unless within ninety days after the entry of the order
or decree; and this section shall be construed as giving such
(2004 Ed.)
Registration of Land Titles (Torrens Act)
right of action to such person only as shall not, because of
some irregularity, insufficiency, or for some other cause, be
bound and concluded by such order or decree. [1907 c 250 §
29; RRS § 10653.]
65.12.195
65.12.195 Title free from incumbrances—Exceptions. Every person receiving a certificate of title in pursuance of a decree of registration, and every subsequent purchaser of registered land who takes a certificate of title for
value and in good faith, shall hold the same free from all
incumbrances except only such estates, mortgages, liens,
charges and interests as may be noted in the last certificate of
title in the registrar's office, and except any of the following
rights or incumbrances subsisting, namely:
(1) Any existing lease for a period not exceeding three
years, when there is actual occupation of the premises under
the lease.
(2) All public highways embraced in the description of
the land included in the certificates shall be deemed to be
excluded from the certificate. And any subsisting right of
way or other easement, for ditches or water rights, upon, over
or in respect to the land.
(3) Any tax or special assessment for which a sale of the
land has not been had at the date of the certificate of title.
(4) Such right of appeal, or right to appear and contest
the application, as is allowed by this chapter. And,
(5) Liens, claims or rights, if any, arising or existing
under the constitution or laws of the United States, and which
the statutes of this state cannot or do not require to appear of
record in the office of the county clerk and county auditor.
[1907 c 250 § 30; RRS § 10654.]
65.12.235
and answer as a party defendant in the proceeding for registration, and the right, title or interest of such person shall be
subject to the order or decree of the court. [1907 c 250 § 32;
RRS § 10656.]
65.12.220
65.12.220 Registration—Effect. The obtaining of a
decree of registration and receiving of a certificate of title
shall be deemed an agreement running with the land and
binding upon the applicant and the successors in title, that the
land shall be and forever remain registered land, subject to
the provisions of this chapter and of all acts amendatory
thereof, unless the same shall be withdrawn from registration
in the manner hereinafter provided. All dealings with the land
or any estate or interest therein after the same has been
brought under this chapter, and all liens, encumbrances, and
charges upon the same shall be made only subject to the
terms of this chapter, so long as said land shall remain registered land and until the same shall be withdrawn from registration in the manner hereinafter provided. [1917 c 62 § 1;
1907 c 250 § 33; RRS § 10657.]
65.12.225
65.12.225 Withdrawal authorized—Effect. The
owner or owners of any lands, the title to which has been or
shall hereafter be registered in the manner provided by law,
shall have the right to withdraw said lands from registration
in the manner hereinafter provided, and after the same have
been so withdrawn from registration, shall have the right to
contract concerning, convey, encumber or otherwise deal
with the title to said lands as freely and to the same extent and
in the same manner as though the title had not been registered. [1917 c 62 § 2; RRS § 10658.]
65.12.230
65.12.200
65.12.200 Decree—Contents—Filing. Every decree
of registration shall bear the date of the year, day, hour and
minute of its entry, and shall be signed by the judge of the
superior court of the state of Washington in and for the
county in which the land is situated; it shall state whether the
owner is married or unmarried, and if married, the name of
the husband or wife; if the owner is under disability it shall
state the nature of the disability, and if a minor, shall state his
age. It shall contain a description of the land as finally determined by the court, and shall set forth the estate of the owner,
and also in such manner as to show their relative priority, all
particular estates, mortgages, easements, liens, attachments,
homesteads and other incumbrances, including rights of husband and wife, if any, to which the land or the owner's estate
is subject, and shall contain any other matter or information
properly to be determined by the court in pursuance of this
chapter. The decree shall be stated in a convenient form for
transcription upon the certificate of title, to be made as hereinafter provided by the registrar of titles. Immediately upon
the filing of the decree of registration, the clerk shall file a
certified copy thereof in the office of the registrar of titles.
[1907 c 250 § 31; RRS § 10655.]
65.12.210
65.12.210 Interest acquired after filing application.
Any person who shall take by conveyance, attachment, judgment, lien or otherwise any right, title or interest in the land,
subsequent to the filing of a copy of the application for registration in the office of the county auditor, shall at once appear
(2004 Ed.)
65.12.230 Application to withdraw. The owner or
owners of registered lands, desiring to withdraw the same
from registration, shall make and file with the registrar of
titles in the county in which said lands are situated, an application in substantially the following form:
To the registrar of titles in the county of . . . . . ., state
of Washington:
I, (or we), . . . . . ., the undersigned registered owner
. . . in fee simple of the following described real property
situated in the county of . . . . . ., state of Washington, to
wit: (here insert the description of the property), hereby
make application to have the title to said real property withdrawn from registration.
Witness my (or our) hand . . . and seal . . . this . . . . day
of . . . . . ., 19. . .
............................
Applicant's signature.
Said application shall be acknowledged in the same manner as is required for the acknowledgment of deeds. [1917 c
62 § 3; RRS § 10659.]
65.12.235
65.12.235 Certificate of withdrawal. Upon the filing
of such application and the payment of a fee of five dollars,
the registrar of titles, if it shall appear that the application is
signed and acknowledged by all the registered owners of said
land, shall issue to the [applicant] a certificate in substantially
the following form:
[Title 65 RCW—page 13]
65.12.240
Title 65 RCW: Recording, Registration, and Legal Publication
This is to certify, That . . . . . . the owner (or owners) in
fee simple of the following described lands situated in the
county of . . . . . ., state of Washington, the title to which
has been heretofore registered under the laws of the state of
Washington, to wit: (here insert description of the property), having heretofore filed his (or their) application for
the withdrawal of the title to said lands from the registry
system; NOW, THEREFORE, The title to said above
described lands has been withdrawn from the effect and
operation of the title registry system of the state of Washington and the owner (or owners) of said lands is (or are) by
law authorized to contract concerning, convey, encumber
or otherwise deal with the title to said lands in the same
manner and to the same extent as though said title had
never been registered.
Witness my hand and seal this . . . . day of . . . . . .,
19. . .
.....................
Registrar of Titles for
. . . . . . . . county.
65.12.255
65.12.255 Certificate of title. The certificate of registration shall contain the name of the owner, a description of
the land and of the estate of the owner, and shall by memorial
or notation contain a description of all incumbrances, liens
and interests to which the estate of the owner is subject; it
shall state the residence of the owner and, if a minor, give his
age; if under disability, it shall state the nature of the disability; it shall state whether married or not, and, if married, the
name of the husband or wife; in case of a trust, condition or
limitation, it shall state the trust, condition or limitation, as
the case may be; and shall contain and conform in respect to
all statements to the certified copy of the decree of registration filed with the registrar of titles as hereinbefore provided;
and shall be in form substantially as follows:
FIRST CERTIFICATE OF TITLE
Pursuant to order of the superior court of the state of
Washington, in and for . . . . . . county.
State of Washington,
County of . . . . . . . . . . . ,
[1973 c 121 § 1; 1917 c 62 § 4; RRS § 10660.]
65.12.240
65.12.240 Effect of recording. The person receiving
such certificate of withdrawal shall record the same in the
record of deeds in the office of the county auditor of the
county in which the lands are situated and thereafter the title
to said lands shall be conveyed or encumbered in the same
manner as the title to lands that have not been registered.
[1917 c 62 § 5; RRS § 10661.]
65.12.245
65.12.245 Title prior to withdrawal unaffected.
*This act shall not be construed to disturb the effect of any
proceedings under said registry system, wherein the question
of title to said real property has been determined, but all proceedings had in connection with the registering of said title,
relating to the settlement or determination of said title, prior
to such withdrawal, shall have the same force and effect as if
said title still remained under said registry system. [1917 c 62
§ 6; RRS § 10662.]





ss.
This is to certify that A. . . . . . B. . . . . . of . . . . . .,
county of . . . . . ., state of . . . . . ., is now the owner of an
estate (describe the estate) of, and in (describe the land),
subject to the incumbrances, liens and interests noted by the
memorial underwritten or indorsed thereon, subject to the
exceptions and qualifications mentioned in the thirtieth
section of "An Act relating to the registration and confirmation of titles to land," in the session laws of Washington for
the year 1907 [RCW 65.12.195]. (Here note all statements
provided herein to appear upon the certificate.)
In witness whereof, I have hereunto set my hand and
affixed the official seal of my office this . . . . day of
. . . . . ., A.D. 19. . .
(Seal)
. . . . . . . . . . . . . . . . . . . . . . .,
Registrar of Titles.
[1907 c 250 § 35; RRS § 10664.]
65.12.260
*Reviser's note: The language "This act" appears in 1917 c 62 codified
herein as RCW 65.12.220 through 65.12.245.
65.12.250
65.12.250 Entry of registration—Records. Immediately upon the filing of the decree of registration in the office
of the registrar of titles, the registrar shall proceed to register
the title or interest pursuant to the terms of the decree in the
manner herein provided. The registrar shall keep a book
known as the "Register of Titles", wherein he shall enter all
first and subsequent original certificates of title by binding or
recording them therein in the order of their numbers, consecutively, beginning with number one, with appropriate blanks
for entry of memorials and notations allowed by this chapter.
Each certificate, with such blanks, shall constitute a separate
page of such book. All memorials and notations that may be
entered upon the register shall be entered upon the page
whereon the last certificate of title of the land to which they
relate is entered. The term certificate of title used in this chapter shall be deemed to include all memorials and notations
thereon. [1907 c 250 § 34; RRS § 10663.]
[Title 65 RCW—page 14]
65.12.260 Owner's certificate—Receipt. The registrar
shall, at the time that he enters his original certificate of title,
make an exact duplicate thereof, but putting on it the words
"Owner's duplicate certificate of ownership", and deliver the
same to the owner or to his attorney duly authorized. For the
purpose of preserving evidence of the signature and handwriting of the owner in his office, it shall be the duty of the
registrar to take from the owner, in every case where it is
practicable so to do, his receipt for the certificate of title
which shall be signed by the owner in person. Such receipt,
when signed and delivered in the registrar's office, shall be
witnessed by the registrar or deputy registrar. If such receipt
is signed elsewhere, it shall be witnessed and acknowledged
in the same manner as is now provided for the acknowledgment of deeds. When so signed, such receipt shall be prima
facie evidence of the genuineness of such signature. [1907 c
250 § 36; RRS § 10665.]
65.12.265
65.12.265 Tenants in common. Where two or more
persons are registered owners as tenants in common or other(2004 Ed.)
Registration of Land Titles (Torrens Act)
wise, one owner's duplicate certificate can be issued for the
entirety, or a separate duplicate owner's certificate may be
issued to each owner for his undivided share. [1907 c 250 §
37; RRS § 10666.]
65.12.270
65.12.270 Subsequent certificates. All certificates
subsequent to the first shall be in like form, except that they
shall be entitled: "Transfer from No. . . . .", (the number of
the next previous certificate relating to the same land), and
shall also contain the words "Originally registered on the . . . .
day of . . . . . ., 19. . ., and entered in the book . . . . . . at page
. . . . of register." [1907 c 250 § 38; RRS § 10667.]
65.12.340
the lands registered in the numerical order of the townships,
ranges, sections, and in cases of subdivisions, the blocks and
lots therein, and the names of the owners, with a reference to
the volume and page of the register of titles in which the lands
are registered. He shall also keep alphabetical indexes, in
which shall be entered, in alphabetical order, the names of all
registered owners, and all other persons interested in, or holding charges upon, or any interest in, the registered land, with
a reference to the volume and page of the register of titles in
which the land is registered. [1907 c 250 § 43; RRS §
10672.]
65.12.320
65.12.275
65.12.275 Exchange of certificates—Platting land. A
registered owner holding one duplicate certificate for several
distinct parcels of land may surrender it and take out several
certificates for portions thereof. A registered owner holding
several duplicate certificates for several distinct parcels of
land may surrender them and take out a single duplicate certificate for all of said parcels, or several certificates for different portions thereof. Such exchange of certificates, however,
shall only be made by the order of the court upon petition
therefor duly made by the owner. An owner of registered land
who shall subdivide such land into lots, blocks or acre tracts
shall file with the registrar of titles a plat of said land so subdivided, in the same manner and subject to the same rules of
law and restrictions as is provided for platting land that is not
registered. [1907 c 250 § 39; RRS § 10668.]
65.12.280
65.12.280 Effective date of certificate. The certificate
of title shall relate back to and take effect as of the date of the
decree of registration. [1907 c 250 § 40; RRS § 10669.]
65.12.290
65.12.290 Certificate of title as evidence. The original
certificate in the registration book, any copy thereof duly certified under the signature of the registrar of titles or his deputy, and authenticated by his seal and also the owner's duplicate certificate shall be received as evidence in all the courts
of this state, and shall be conclusive as to all matters contained therein, except so far as is otherwise provided in this
chapter. In case of a variance between the owner's duplicate
certificate and the original certificate, the original shall prevail. [1907 c 250 § 41; RRS § 10670.]
65.12.300
65.12.300 Indexes and files—Forms. The registrar of
titles, under the direction of the court, shall make and keep
indexes of all duplication and of all certified copies and
decrees of registration and certificates of titles, and shall also
index and file in classified order all papers and instruments
filed in his office relating to applications and to registered
titles. The registrar shall also, under the direction of the court,
prepare and keep forms of indexes and entry books. The court
shall prepare and adopt convenient forms of certificates of
titles, and also general forms of memorials or notations to be
used by the registrars of titles in registering the common
forms of conveyance and other instruments to express briefly
their effect. [1907 c 250 § 42; RRS § 10671.]
65.12.310
65.12.310 Tract and alphabetical indexes. The registrar of titles shall keep tract indexes, in which shall be entered
(2004 Ed.)
65.12.320 Dealings with registered land. The owner
of registered land may convey, mortgage, lease, charge or
otherwise incumber, dispose of or deal with the same as fully
as if it had not been registered. He may use forms of deeds,
trust deeds, mortgages and leases or voluntary instruments,
like those now in use, and sufficient in law for the purpose
intended. But no voluntary instrument of conveyance, except
a will and a lease, for a term not exceeding three years, purporting to convey or affect registered land, shall take effect as
a conveyance, or bind the land; but shall operate only as a
contract between the parties, and as evidence of the authority
to the registrar of titles to make registration. The act of registration shall be the operative act to convey or affect the land.
[1907 c 250 § 44; RRS § 10673.]
65.12.330
65.12.330 Registration has effect of recording. Every
conveyance, lien, attachment, order, decree, judgment of a
court of record, or instrument or entry which would, under
existing law, if recorded, filed or entered in the office of the
county clerk, and county auditor, of the county in which the
real estate is situate, affect the said real estate to which it
relates, if the title thereto were not registered, shall, if
recorded, filed or entered in the office of the registrar of titles
in the county where the real estate to which such instrument
relates is situate, affect in like manner the title thereto if registered, and shall be notice to all persons from the time of
such recording, filing or entering. [1907 c 250 § 45; RRS §
10674.]
65.12.340
65.12.340 Filing—Numbering—Indexing—Public
records. The registrar of titles shall number and note in a
proper book to be kept for that purpose, the year, month, day,
hour and minute of reception and number of all conveyances,
orders or decrees, writs or other process, judgments, liens, or
all other instruments, or papers or orders affecting the title of
land, the title to which is registered. Every instrument so filed
shall be retained in the office of the registrar of titles, and
shall be regarded as registered from the time so noted, and the
memorial of each instrument, when made on the certificate of
title to which it refers, shall bear the same date. Every instrument so filed, whether voluntary or involuntary, shall be
numbered and indexed, and indorsed with a reference to the
proper certificate of title. All records and papers, relating to
registered land, in the office of the registrar of titles shall be
open to public inspection, in the same manner as are now the
papers and records in the office of the county clerk and
county auditor. [1907 c 250 § 46; RRS § 10675.]
[Title 65 RCW—page 15]
65.12.350
Title 65 RCW: Recording, Registration, and Legal Publication
65.12.350
65.12.350 Duplicate of instruments certified—Fees.
Duplicates of all instruments, voluntary or involuntary, filed
and registered in the office of the registrar of titles, may be
presented with the originals, and shall be attested and sealed
by the registrar of titles, and indorsed with the file number
and other memoranda on the originals, and may be taken
away by the person presenting the same. Certified copies of
all instruments filed and registered may be obtained from the
registrar of titles, on the payment of a fee of the same amount
as is now allowed the county clerk and county auditor, for a
like certified copy. [1907 c 250 § 47; RRS § 10676.]
65.12.360
65.12.360 New certificate—Register of less than
fee—When form of memorial in doubt. No new certificate
shall be entered or issued upon any transfer of registered
land, which does not divest the title in fee simple of said land
or some part thereof, from the owner or some one of the registered owners. All interest in the registered land, less than a
freehold estate, shall be registered by filing with the registrar
of titles, the instruments creating, transferring or claiming
such interest, and by a brief memorandum or memorial
thereof, made by a registrar of titles upon the certificate of
title, and signed by him. A similar memorandum, or memorial, shall also be made on the owner's duplicate.
The cancellation or extinguishment of such interests
shall be registered in the same manner. When any party in
interest does not agree as to the proper memorial to be made
upon the filing of any instrument, (voluntary or involuntary),
presented for registration, or where the registrar of titles is in
doubt as to the form of such memorial, the question shall be
referred to the court for decision, either on the certificate of
the registrar of titles, or upon the demand in writing of any
party in interest.
The registrar of titles shall bring before the court all the
papers and evidence which may be necessary for the determination of the question by the court. The court, after notice to
all parties in interest and a hearing, shall enter an order prescribing the form of the memorial, and the registrar of titles
shall make registration in accordance therewith. [1907 c 250
§ 48; RRS § 10677.]
65.12.370
65.12.370 Owner's certificate to be produced when
new certificate issued. No new certificates of titles shall be
entered, and no memorial shall be made upon any certificate
of title, in pursuance of any deed, or other voluntary instrument, unless the owner's duplicate certificate is presented
with such instrument, except in cases provided for in this
chapter, or upon the order of the court for cause shown; and
whenever such order is made a memorial therefor shall be
entered, or a new certificate issued, as directed by said order.
The production of the owner's duplicate certificate, whenever
any voluntary instrument is presented for registration, shall
be conclusive authority from the registered owner to the registrar of titles, to enter a new certificate, or to make a memorial of registration in accordance with such instrument; and a
new certificate or memorial shall be binding upon the registered owner and upon all persons claiming under him in favor
of every purchaser for value and in good faith. [1907 c 250 §
49; RRS § 10678.]
[Title 65 RCW—page 16]
65.12.375 Owner's duplicate certificate. In the event
that an owner's duplicate certificate of title shall be lost, mislaid or destroyed, the owner may make affidavit of the fact
before any officer authorized to administer oaths, stating,
with particularly, the facts relating to such loss, mislaying or
destruction, and shall file the same in the office of the registrar of titles.
Any party in interest may thereupon apply to the court,
and the court shall, upon proofs of the facts set forth in the
affidavits, enter an order directing the registrar of titles to
make and issue a new owner's duplicate certificate, such new
owner's duplicate certificate shall be printed or marked, "Certified copy of owner's duplicate certificate", and such certified copy shall stand in the place of and have like effect as the
owner's duplicate certificate. [1907 c 250 § 50; RRS §
10679.]
65.12.375
65.12.380 Conveyance of registered land. An owner
of registered land, conveying the same, or any portion
thereof, in fee, shall execute a deed of conveyance, which the
grantor shall file with the registrar of titles in the county
where the land lies. The owner's duplicate certificate shall be
surrendered at the same time and shall be by the registrar
marked "Canceled". The original certificate of title shall also
be marked "Canceled". The registrar of titles shall thereupon
entered in the register of titles, a new certificate of title to the
grantee, and shall prepare and deliver to such grantee an
owner's duplicate certificate. All incumbrances, claims or
interests adverse to the title of the registered owner shall be
stated upon the new certificate or certificates, except insofar
as they may be simultaneously released or discharged.
When only a part of the land described in a certificate is
transferred, or some estate or interest in the land is to remain
in the transferor, a new certificate shall be issued to him, for
the part, estate or interest remaining in him. [1907 c 250 §
51; RRS § 10680.]
65.12.380
65.12.390 Certificate of tax payment. Before any
deed, plat or other instrument affecting registered land shall
be filed or registered in the office of the registrar of titles, the
owner shall present a certificate from the county treasurer
showing that all taxes then due thereon have been paid.
[1907 c 250 § 52; RRS § 10681.]
65.12.390
65.12.400 Registered land charged as other land.
Registered land and ownership therein shall in all respects be
subject to the same burdens and incidents which attach by
law to unregistered land. Nothing contained in this chapter
shall in any way be construed to relieve registered land, or the
owners thereof, from any rights incident to the relation of
husband and wife, or from liability to attachment of mesne
process, or levy on execution, or from liability from any lien
of any description established by law on land or the improvements thereon, or the interest of the owner in such land or
improvements, or to change the laws of descent, or the rights
of partition between cotenants, or the right to take the same
by eminent domain, or to relieve such land from liability to be
recovered by an assignee in insolvency or trustee in bankruptcy, under the provisions of law relating thereto; or to
change or affect in any way, any other rights or liabilities,
created by law, applicable to unregistered land, except as oth65.12.400
(2004 Ed.)
Registration of Land Titles (Torrens Act)
erwise expressly provided in this chapter, or any amendments
hereof. [1907 c 250 § 53; RRS § 10682.]
65.12.410
65.12.410 Conveyances by attorney in fact. Any person may by attorney convey or otherwise deal with registered
land, but the letters or power of attorney shall be acknowledged and filed with the registrar of titles, and registered.
Any instrument revoking such letters, or power of attorney,
shall be acknowledged in like manner. [1907 c 250 § 54;
RRS § 10683.]
65.12.420
65.12.420 Encumbrances by owner. The owner of
registered land may mortgage or encumber the same, by executing a trust deed or other instrument, sufficient in law for
that purpose, and such instrument may be assigned, extended,
discharged, released, in whole or in part, or otherwise dealt
with by the mortgagee, by any form of instrument sufficient
in law for the purpose; but such trust deed or other instrument, and all instruments assigning, extending, discharging,
releasing or otherwise dealing with the encumbrance, shall be
registered, and shall take effect upon the title only from the
time of registration. [1907 c 250 § 55; RRS § 10684.]
65.12.430
65.12.430 Registration of mortgages. A trust deed
shall be deemed to be a mortgage, and be subject to the same
rules as a mortgage, excepting as to the manner of the foreclosure thereof. The registration of a mortgage shall be made
in the following manner, to wit: The owner's duplicate certificate shall be presented to the registrar of titles with the mortgage deed or instrument to be registered, and the registrar
shall enter upon the original certificate of title and also upon
the owner's duplicate certificate, a memorial of the purport of
the instrument registered, the time of filing, and the file number of the registered instrument. He shall also note upon the
instrument registered, the time of filing, and a reference to the
volume and page of the register of titles, wherein the same is
registered. The registrar of titles shall also, at the request of
the mortgagee, make out and deliver to him a duplicate certificate of title, like the owner's duplicate, except that the words,
"Mortgagee's duplicate", shall be written or printed upon
such certificate in large letters, diagonally across the face. A
memorandum of the issuance of the mortgagee's duplicate
shall be made upon the certificate of title. [1907 c 250 § 56;
RRS § 10685.]
65.12.435
65.12.435 Dealings with mortgages. Whenever a
mortgage upon which a mortgagee's duplicate has been
issued is assigned, extended or otherwise dealt with, the
mortgagee's duplicate shall be presented with the instrument
assigning, extending, or otherwise dealing with the mortgage,
and a memorial of the instrument shall be made upon the
mortgagee's duplicate, and upon the original certificate of
title. When the mortgage is discharged, or otherwise extinguished, the mortgagee's duplicate shall be surrendered and
stamped, "Canceled". In case only a part of the charge or of
the land is intended to be released, discharged, or surrendered, the entry shall be made by a memorial according in
like manner as before provided for a release or discharge.
The production of the mortgagee's duplicate certificate
shall be conclusive authority to register the instrument there(2004 Ed.)
65.12.450
with presented. A mortgage on registered land may be discharged in whole or in part by the mortgagee in person on the
register of titles in the same manner as a mortgage on unregistered land may be discharged by an entry on the margin of
the record thereof, in the auditor's office, and such discharge
shall be attested by the registrar of titles. [1907 c 250 § 57;
RRS § 10686.]
65.12.440
65.12.440 Foreclosures on registered land. All
charges upon registered land, or any estate or interest in the
same, and any right thereunder, may be enforced as is now
allowed by law, and all laws relating to the foreclosure of
mortgages shall apply to mortgages upon registered land, or
any estate or interest therein, except as herein otherwise provided, and except that a notice of the pendency of any suit or
of any proceeding to enforce or foreclose the mortgage, or
any charge, shall be filed in the office of the registrar of titles,
and a memorial thereof entered on the register, at the time of,
or prior to, the commencement of such suit, or the beginning
of any such proceeding. A notice so filed and registered shall
be notice to the registrar of titles and all persons dealing with
the land or any part thereof. When a mortgagee's duplicate
has been issued, such duplicate shall, at the time of the registering of the notice, be presented, and a memorial of such
notice shall be entered upon the mortgagee's duplicate. [1907
c 250 § 58; RRS § 10687.]
65.12.445
65.12.445 Registration of final decree—New certificate. In any action affecting registered land a judgment or
final decree shall be entitled to registration on the presentation of a certified copy of the entry thereof from the clerk of
the court where the action is pending to the registrar of titles.
The registrar of titles shall enter a memorial thereof upon the
original certificates of title, and upon the owner's duplicate,
and also upon the mortgagee's and lessee's duplicate, if any
there be outstanding. When the registered owner of such land
is, by such judgment or decree, divested of his estate in fee to
the land or any part thereof, the plaintiff or defendant shall be
entitled to a new certificate of title for the land, or that part
thereof, designated in the judgment or decree, and the registrar of titles shall enter such new certificate of title, and issue
a new owner's duplicate, in such manner as is provided in the
case of voluntary conveyance: PROVIDED, HOWEVER,
That no such new certificate of title shall be entered, except
upon the order of the superior court of the county in which the
land is situated, and upon the filing in the office of the registrar of titles, an order of the court directing the entry of such
new certificate. [1907 c 250 § 59; RRS § 10688.]
65.12.450
65.12.450 Title on foreclosure—Registration. Any
person who has, by any action or proceeding to enforce or
foreclose any mortgage, lien or charge upon registered land,
become the owner in fee of the land, or any part thereof, shall
be entitled to have his title registered, and the registrar of
titles shall, upon application therefor, enter a new certificate
of title for the land, or that part thereof, of which the applicant
is the owner, and issue an owner's duplicate, in such manner
as in the case of a voluntary conveyance of registered land:
PROVIDED, HOWEVER, No such new certificate of title
shall be entered, except after the time to redeem from such
[Title 65 RCW—page 17]
65.12.460
Title 65 RCW: Recording, Registration, and Legal Publication
foreclosure has expired, and upon the filing in the office of
the registrar of titles, an order of the superior court of the
county directing the entry of such new certificates. [1907 c
250 § 60; RRS § 10689.]
65.12.500
65.12.500 Trustee may register land. Any trustee
shall have authority to file an application for the registration
of any land held in trust by him, unless expressly prohibited
by the instrument creating the trust. [1907 c 250 § 65; RRS §
10694.]
65.12.460
65.12.460 Petition for new certificate. In all cases
wherein, by this chapter, it is provided that a new certificate
of title to registered land shall be entered by order of the court
a person applying for such new certificate shall apply to the
court by petition, setting forth the facts; and the court shall,
after notice given to all parties in interest, as the court may
direct, and upon hearing, make an order or decree for the
entry of a new certificate to such person as shall appear to be
entitled thereto. [1907 c 250 § 61; RRS § 10690.]
65.12.470
65.12.470 Registration of leases. Leases for registered
land, for a term of three years or more, shall be registered in
like manner as a mortgage, and the provisions herein relating
to the registration of mortgages, shall also apply to the registration of leases. The registrar shall, at the request of the lessee, make out and deliver to him a duplicate of the certificate
of title like the owner's duplicate, except the words, "Lessee's
duplicate", shall be written or printed upon it in large letters
diagonally across its face. [1907 c 250 § 62; RRS § 10691.]
65.12.480
65.12.480 Instruments with conditions. Whenever a
deed, or other instrument, is filed in the office of the registrar
of titles, for the purpose of effecting a transfer of or charge
upon the registered land, or any estate or interest in the same,
and it shall appear that the transfer or charge is to be in trust
or upon condition or limitation expressed in such deed or
instrument, such deed or instrument shall be registered in the
usual manner, except that the particulars of the trust, condition, limitation or other equitable interest shall not be entered
upon the certificate of title by memorial, but a memorandum
or memorial shall be entered by the words, "in trust", or
"upon condition", or other apt words, and by reference by
number to the instrument authorizing or creating the same. A
similar memorial shall be made upon the owner's duplicate
certificate.
No transfer of, or charge upon, or dealing with, the land,
estate or interest therein, shall thereafter be registered, except
upon an order of the court first filed in the office of the registrar of titles, directing such transfer, charge, or dealing, in
accordance with the true intent and meaning of the trust, condition or limitation. Such registration shall be conclusive evidence in favor of the person taking such transfer, charge, or
right; and those claiming under him, in good faith, and for a
valuable consideration, that such transfer, charge or other
dealing is in accordance with the true intent and meaning of
the trust, condition, or limitation. [1907 c 250 § 63; RRS §
10692.]
65.12.490
65.12.490 Transfers between trustees. When the title
to registered land passes from a trustee to a new trustee, a
new certificate shall be entered to him, and shall be registered
in like manner as upon an original conveyance in trust. [1907
c 250 § 64; RRS § 10693.]
[Title 65 RCW—page 18]
65.12.510
65.12.510 Creation of lien on registered land. In
every case where writing of any description, or copy of any
writ, order or decree is required by law to be filed or recorded
in order to create or preserve any lien, right, or attachment
upon unregistered land, such writing or copy, when intended
to affect registered land, in lieu of recording, shall be filed
and registered in the office of the registrar of titles, in the
county in which the land lies, and, in addition to any particulars required in such papers, for the filing or recording, shall
also contain a reference to the number of the certificate of
title of the land to be affected, and also, if the attachment,
right or lien is not claimed on all the land in any certificate of
title, a description sufficiently accurate for the identification
of the land intended to be affected. [1907 c 250 § 66; RRS §
10695.]
65.12.520
65.12.520 Registration of liens. All attachments, liens
and rights, of every description, shall be enforced, continued,
reduced, discharged and dissolved, by any proceeding or
method, sufficient and proper in law to enforce, continue,
reduce, discharge or dissolve, like liens or unregistered land.
All certificates, writing or other instruments, permitted or
required by law, to be filed or recorded, to give effect to the
enforcement, continuance, reduction, discharge or dissolution of attachments, liens or other rights upon registered land,
or to give notice of such enforcement, continuance, reduction, discharge or dissolution, shall in the case of like attachments, liens or other rights upon registered land, be filed with
the registrar of titles, and registered in the register of titles, in
lieu of filing or recording. [1907 c 250 § 67; RRS § 10696.]
65.12.530
65.12.530 Entry as to plaintiff's attorney. The name
and address of the attorney for the plaintiff in every action
affecting the title to registered land, shall, in all cases, be
endorsed upon the writ or other writing filed in the office of
the registrar of titles, and he shall be deemed the attorney of
the plaintiff until written notice that he has ceased to be such
plaintiff's attorney shall be filed for registration by the plaintiff. [1907 c 250 § 68; RRS § 10697.]
65.12.540
65.12.540 Decree. A judgment, decree, or order of any
court shall be a lien upon, or affect registered land, or any
estate or interest therein, only when a certificate under the
hand and official seal of the clerk of the court in which the
same is of record, stating the date and purport of the judgment, decree, or order, or a certified copy of such judgment,
decree, or order, or transcript of the judgment docket, is filed
in the office of the registrar, and a memorial of the same is
entered upon the register of the last certificate of the title to be
affected. [1907 c 250 § 69; RRS § 10698.]
65.12.550
65.12.550 Title acquired on execution. Any person
who has acquired any right, interest or estate in registered
land by virtue of any execution, judgment, order or decree of
(2004 Ed.)
Registration of Land Titles (Torrens Act)
the court, shall register his title so acquired, by filing in the
office of the registrar of titles all writings or instruments permitted or required to be recorded in the case of unregistered
land. If the interest or estate so acquired is the fee in the registered land, or any part thereof, the person acquiring such
interest shall be entitled to have a new certificate of title, registered in him, in the same manner as is provided in the case
of persons acquiring title by an action or proceeding in foreclosure of mortgages. [1907 c 250 § 70; RRS § 10699.]
65.12.610
of the time allowed by law for bringing an action against an
executor or administrator by creditors of the deceased, the
heirs at law or devisees may petition the court for an order to
cancel the memorial upon their certificates, stating that the
estate is in the course of settlement, and the court, after such
notice as it may order, and a hearing, may grant the petition:
PROVIDED, HOWEVER, That the liability of registered
land to be sold for claims against the estate of the deceased,
shall not in any way be diminished or changed. [1907 c 250
§ 73; RRS § 10702.]
65.12.560
65.12.560 Termination of proceedings. The certificate
of the clerk of the court in which any action or proceeding
shall be pending, or any judgment or decree is of record, that
such action or proceeding has been dismissed or otherwise
disposed of, or that the judgment, decree, or order has been
satisfied, released, reversed or overruled, or of any sheriff or
any other officer that the levy of any execution, attachment,
or other process, certified by him, has been released, discharged, or otherwise disposed of, being filed in the office of
the registrar of titles and noted upon the register, shall be sufficient to authorize the registrar to cancel or otherwise treat
the memorial of such action, proceeding, judgment, decree,
order, or levy, according to the purport of such certificate.
[1907 c 250 § 71; RRS § 10700.]
65.12.590
65.12.590 Probate court may direct sale of registered
land. Nothing contained in this chapter shall include, affect
or impair the jurisdiction of the superior court to order an
executor, administrator or guardian to sell or mortgage registered land for any purpose for which such order may be
granted in the case of unregistered land. The purchaser or
mortgagee, taking a deed or mortgage executed in pursuance
of such order of the superior court, shall be entitled to register
his title, and to the entry of a new certificate of title or memorial of registration, upon application to the superior court, and
upon filing in the office of the registrar of titles, an order of
said court, directing the entry of such certificates. [1907 c
250 § 74; RRS § 10703.]
65.12.570
65.12.570 Land registered only after redemption
period. Whenever registered land is sold, and the same is by
law subject to redemption by the owner or any other person,
the purchaser shall not be entitled to have a new certificate of
title entered, until the time within which the land may be
redeemed has expired. At any time after the time to redeem
shall have expired, the purchaser may petition the court for an
order directing the entry of a new certificate of title to him,
and the court shall, after such notice as it may order, and hearing, grant and make an order directing the entry of such new
certificate of title. [1907 c 250 § 72; RRS § 10701.]
65.12.580
65.12.580 Registration on inheritance. The heirs at
law and devisees, upon the death of an owner of lands, and
any estate or interest therein, registered pursuant to this chapter, on the expiration of thirty days after the entry of the
decree of the superior court granting letters testamentary or of
administration, or, in case of an appeal from such decree, at
any time after the entry of a final decree, may file a certified
copy of the final decree, of the superior court having jurisdiction, and of the will, if any, with the clerk of the superior
court, in the county in which the land lies, and make application to the court for an order for the entry of a new certificate
of title. The court shall issue notice to the executor or administrator and all other persons in interest, and may also give
notice by publication in such newspaper or newspapers as it
may deem proper, to all whom it may concern; and after hearing, may direct the entry of a new certificate or certificates to
the person or persons who appear to be entitled thereto as
heirs or devisees. Any new certificate so entered before the
final settlement of the estate of the deceased owner, in the
superior courts, shall state expressly that it is entered by
transfer from the last certificate by descent or devise, and that
the estate is in process of settlement. After the final settlement of the estate in the superior court, or after the expiration
(2004 Ed.)
65.12.600
65.12.600 Trustees and receivers. An assignee for the
benefit of creditors, receiver, trustee in bankruptcy, master in
chancery, special commissioner, or other person appointed
by the court, shall file in the office of the registrar of titles, the
instrument or instruments by which he is vested with title,
estate, or interest in any registered land, or a certified copy of
an order of the court showing that such assignee, receiver,
trustee in bankruptcy, master in chancery, special commissioner, or other person, is authorized to deal with such land,
estate or interest, and, if it is in the power of such person, he
shall, at the same time, present to the registrar of titles, the
owner's duplicate certificate of title; thereupon the registrar
shall enter upon the register of titles, and the duplicate certificate, if presented, a memorial thereof, with a reference to
such order or deed by its file number. Such memorial having
been entered, the assignee, receiver, trustee in bankruptcy,
master in chancery, special commissioner or other person
may, subject to the direction of the court, deal with or transfer
such land as if he were a registered owner. [1907 c 250 § 75;
RRS § 10704.]
65.12.610
65.12.610 Eminent domain—Reversion. Whenever
registered land, or any right or interest therein, is taken by
eminent domain, the state or body politic, or corporate or
other authority exercising such right shall pay all fees on
account of any memorial or registration or entry of new certificates, or duplicate thereof, and fees for the filing of instruments required by this chapter to be filed. When, for any reason, by operation of law, land which has been taken for public use reverts to the owner from whom it was taken, or his
heirs or assigns, the court, upon petition of the person entitled
to the benefit of the reversion, after such notice as it may
order, and hearing, may order the entry of a new certificate of
title to him. [1907 c 250 § 76; RRS § 10705.]
[Title 65 RCW—page 19]
65.12.620
Title 65 RCW: Recording, Registration, and Legal Publication
65.12.620 Registration when owner's certificate
withheld. In every case where the registrar of titles enters a
memorial upon a certificate of title, or enters a new certificate
of title, in pursuance of any instrument executed by the registered owner, or by reason of any instrument or proceeding
which affects or devises the title of the registered owner
against his consent, if the outstanding owner's duplicate certificate is not presented, the registrar of titles shall not enter a
new certificate or make a memorial, but the person claiming
to be entitled thereto may apply by petition to the court. The
court may order the registered owner, or any person withholding the duplicate certificate, to present or surrender the
same, and direct the entry of a memorial or new certificate
upon such presentation or surrender. If, in any case, the person withholding the duplicate certificate is not amenable to
the process of the court, or cannot be found, or if, for any reason, the outstanding owner's duplicate certificate cannot be
presented or surrendered without delay, the court may, by
decree, annul the same, and order a new certificate of title to
be entered. Such new certificate, and all duplicates thereof,
shall contain a memorial of the annulment of the outstanding
duplicate. If in any case of an outstanding mortgagee's or lessee's duplicate certificate shall be withheld or otherwise dealt
with, like proceedings may be had to obtain registration as in
case of the owner's withholding or refusing to deliver the
duplicate receipt. [1907 c 250 § 77; RRS § 10706.]
65.12.620
65.12.630 Reference to examiner of title. In all cases
where, under the provisions of this chapter, application is
made to the court for an order or decree, the court may refer
the matter to one of the examiners of title for hearing and
report, in like manner, as is herein provided for the reference
of the application for registration. [1907 c 250 § 78; RRS §
10707.]
65.12.630
to the person to be notified, if not a resident of the state of
Washington, and his residence and post office address, as
stated in the certificate of title, or in any registered instrument
under which he claims an interest. The certificate of the registrar of titles, or clerk of court, that any notice has been
served, by mailing the same, as aforesaid, shall be conclusive
proof of such notice: PROVIDED, HOWEVER, That the
court may, in any case, order different or further service by
publication or otherwise. [1907 c 250 § 80; RRS § 10709.]
65.12.650
65.12.650 Adverse claims—Procedure. Any person
claiming any right or interest in registered land, adverse to
the registered owner, arising subsequent to the date of the
original registration, may, if no other provision is made in
this chapter for registering the same, make a statement in
writing, setting forth fully his alleged right or interest and
how or under whom acquired, and a reference to the volume
and page of the certificate of title of the registered owner, and
a description of the land to which the right or interest is
claimed. The statement shall be signed and sworn to, and
shall state the adverse claimant's residence, and designate a
place at which all notices may be served upon him. This statement shall be entitled to registration, as an adverse claim; and
the court, upon the petition of any party in interest, shall grant
a speedy hearing upon the question of the validity of such
adverse claim, and shall enter such decree thereon as equity
and justice may require.
If the claim is adjudged to be invalid, its registration
shall be canceled. The court may, in any case, award such
costs and damages, including reasonable attorneys' fees, as it
may deem just in the premises. [1907 c 250 § 81; RRS §
10710.]
65.12.660
65.12.635 Examiner of titles. Examiners of titles shall,
upon the request of the registrar of titles, advise him upon any
act or duty pertaining to the conduct of his office, and shall,
upon request, prepare the form of any memorial to be made or
entered by the registrar of titles. The examiner of titles shall
have full power to administer oaths and examine witnesses
involved in his investigation of titles. [1907 c 250 § 79; RRS
§ 10708.]
65.12.635
65.12.640 Registered instruments to contain names
and addresses—Service of notices. Every writing and
instrument required or permitted by this chapter to be filed
for registration, shall contain or have endorsed upon it, the
full name, place of residence and post office address of the
grantee or other person requiring or claiming any right, title
or interest under such instrument. Any change in residence or
post office address of such person shall be endorsed by the
registrar of titles in the original instrument, on receiving a
sworn statement of such change. All names and addresses
shall also be entered on all certificates. All notices required
by, or given in pursuance of the provisions of this chapter by
the registrar of titles or by the court, after original registration, shall be served upon the person to be notified; if a resident of the state of Washington, as summons in civil actions
are served; and proof of such service shall be made as on the
return of a summons. All such notices shall be sent by mail,
65.12.640
[Title 65 RCW—page 20]
65.12.660 Assurance fund. Upon the original registration of land under this chapter, and also upon the entry of the
certificate showing title as registered owners in heirs or devisees, there shall be paid to the registrar of titles, one-fortieth
of one percent of the assessed value of the real estate on the
basis of the last assessment for general taxation, as an assurance fund. [1973 1st ex.s. c 195 § 75; 1907 c 250 § 82; RRS
§ 10711.]
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
65.12.670
65.12.670 Investment of fund. All sums of money
received by the registrar as provided for in RCW 65.12.660,
shall be forthwith paid by the registrar to the county treasurer
of the county in which the land lies, for the purpose of an
assurance fund, under the terms of this chapter; it shall be the
duty of the county treasurer, whenever the amount on hand in
said assurance fund is sufficient, to invest the same, principal
and income, and report annually to the superior court of the
same county the condition and income thereof; and no investment of the funds, or any part thereof, shall be made without
the approval of said court, by order entered of record. Said
fund shall be invested only in bonds or securities of the
United States, or of one of the states of the United States, or
of the counties or other municipalities of this state. [1907 c
250 § 83; RRS § 10712.]
(2004 Ed.)
Registration of Land Titles (Torrens Act)
65.12.680
65.12.680 Recoveries from fund. Any person sustaining loss or damage, through any omission, mistake, or misfeasance of the registrar of titles, or of any examiner of titles,
or of any deputy, or by the mistake or misfeasance of the
clerk of the court, or any deputy, in the performance of their
respective duties, under the provisions of this chapter, and
any person wrongfully deprived of any land or any interest
therein, through the bringing of the same, under the provisions of this chapter, or by the registration of any other person
as the owner of such land, or by any mistake, omission, or
misdescription in any certificate or entry, or memorial, in the
register of titles, or by any cancellation, and who, by the provisions of this chapter, is barred or precluded from bringing
any action for the recovery of such land, or interest therein, or
claim thereon, may bring an action against the treasurer of the
county in which such land is situated, for the recovery of
damages to be paid out of the assurance fund. [1907 c 250 §
84; RRS § 10713.]
65.12.690
65.12.690 Parties defendant—Judgment—Payment—Duties of county attorney. If such action be for
recovery for loss or damage arising only through any omission, mistake or misfeasance of the registrar of titles or his
deputies, or of any examiner of titles, or any clerk of court or
his deputy, in the performance of their respective duties,
under the provisions of this chapter, then the county treasurer
shall be the sole defendant to such action; but if such action
be brought for loss or damage arising only through the fraud
or wrongful act of some person or persons other than the registrar or his deputies, the examiners of title, the clerk of the
court or his deputies, or arising jointly through the fraud or
wrongful act of such other person or persons, and the omission, mistakes or misfeasance of the registrar of titles or his
deputies, the examiners of titles, the clerk of the court or his
deputies, then such action shall be brought against both the
county treasurer and such persons or persons aforesaid. In all
such actions, where there are defendants other than the
county treasurer, and damages shall have been recovered, no
final judgment shall be entered against the county treasurer,
until execution against the other defendants shall be returned
unsatisfied in whole or in part, and the officer returning the
execution shall certify that the amount still due upon the execution cannot be collected except by application to the
indemnity [assurance] fund. Thereupon the court, being satisfied as to the truth of such return, shall order final judgment
against the treasurer, for the amount of the execution and
costs, or so much thereof as remains unpaid. The county treasurer shall, upon such order of the court and final judgment,
pay the amount of such judgment out of the assurance fund. It
shall be the duty of the county attorney to appear and defend
all such actions. If the funds in the assurance funds at any
time are insufficient to pay any judgment in full, the balance
unpaid shall draw interest at the legal rate of interest, and be
paid with such interest out of the first funds coming into said
fund. [1907 c 250 § 85; RRS § 10714.]
65.12.730
of any power of sale, in a mortgage or a trust deed. Final
judgment shall not be entered against the county treasurer in
any action against this chapter to recover from the assurance
fund for more than a fair market value of the real estate at the
time of the last payment to the assurance fund, on account of
the same real estate. [1907 c 250 § 86; RRS § 10715.]
65.12.710
65.12.710 Limitation of actions. No action or proceeding for compensation for or by reason of any deprivation, loss
or damage occasioned or sustained as provided in this chapter, shall be made, brought or taken, except within the period
of six years from the time when right to bring or take such
action or proceeding first accrued; except that if, at any time,
when such right of action first accrues, the person entitled to
bring such action, or take such proceeding, is under the age of
eighteen years, or insane, imprisoned, or absent from the
United States in the service of the United States, or of this
state, then such person, or anyone claiming from, by, or under
him, may bring the action, or take the proceeding, at any time
within two years after such disability is removed, notwithstanding the time before limited in that behalf has expired.
[1971 ex.s. c 292 § 49; 1907 c 250 § 87; RRS § 10716.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
65.12.720
65.12.720 Proceeding to change records. No erasure,
alteration or amendment shall be made upon the register of
titles after the entry of the certificate of title, or a memorial
thereon, and the attestation of the same by the registrar of
titles, except by order of the court. Any registered owner, or
other person in interest, may at any time apply by petition to
the court, on the ground that registered interests of any
description, whether vested, contingent, expectant, or inchoate, have determined and ceased; or that new interests have
arisen or been created, which do not appear upon the certificate; or that an error, omission or mistake was made in entering the certificate; or any memorial thereon, or any duplicate
certificate; or that the name of any person on the certificate
has been changed; or that the registered owner has been married, or if registered, has married, that the marriage has been
terminated, or that a corporation which owned registered land
has been dissolved, and has not conveyed the same within
three years after its dissolution; or upon any other reasonable
ground; and the court shall have jurisdiction to hear and
determine the petition after such notice as it may order, to all
parties in interest, and may order the entry of a new certificate, the entry or cancellation of a memorial upon a certificate, or grant any other relief upon such terms and conditions,
requiring security if necessary, as it may deem proper: PROVIDED, HOWEVER, That this section shall not be construed
to give the court authority to open the original decree of registration, and that nothing shall be done or ordered by the
court which shall impair the title or other interest of the purchaser, holding a certificate for value and in good faith, or his
heirs or assigns, without his or their written consent. [1907 c
250 § 88; RRS § 10717.]
65.12.700
65.12.700 When fund not liable—Maximum liability.
The assurance fund shall not be liable in any action to pay for
any loss, damage or deprivation occasioned by a breach of
trust, whether expressed, implied, or constructive, by any
registered owner who is a trustee, or by the improper exercise
(2004 Ed.)
65.12.730
65.12.730 Certificate subject of theft—Penalty. Certificates of title or duplicate certificates entered under this
chapter, shall be subjects of theft, and anyone unlawfully
stealing or carrying away any such certificate, shall, upon
[Title 65 RCW—page 21]
65.12.740
Title 65 RCW: Recording, Registration, and Legal Publication
conviction thereof, be deemed guilty of theft under chapter
9A.56 RCW. [2003 c 53 § 291; 1907 c 250 § 89; RRS §
10718.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
65.12.740 Perjury. Whoever knowingly swears falsely
to any statement required by this chapter to be made under
oath is guilty of perjury under chapter 9A.72 RCW. [2003 c
53 § 292; 1907 c 250 § 90; RRS § 10719.]
65.12.740
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
65.12.750
65.12.750 Fraud—False entries—Penalty. Whoever
fraudulently procures, or assists fraudulently procuring, or is
privy to the fraudulent procurement of any certificate of title,
or other instrument, or of any entry in the register of titles, or
other book kept in the registrar's office, or of any erasure or
alteration in any entry in any such book, or in any instrument
authorized by this chapter, or knowingly defrauds or is privy
to defrauding any person by means of a false or fraudulent
instrument, certificate, statement, or affidavit affecting registered land, shall be guilty of a class C felony, and upon conviction, shall be fined in any sum not exceeding five thousand
dollars, or imprisoned in a state correctional facility for not
more than five years, or both such fine and imprisonment, in
the discretion of the court. [2003 c 53 § 293; 1907 c 250 § 91;
RRS § 10720.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
65.12.760 Forgery—Penalty. Whoever forges or procures to be forged, or assists in forging, the seal of the registrar, or the name, signature, or handwriting of any officer of
the registry office, in case where such officer is expressly or
impliedly authorized to affix his or her signature; or forges or
procures to be forged, or assists in forging, the name, signature, or handwriting of any person whomsoever, to any
instrument which is expressedly or impliedly authorized to be
signed by such person; or uses any document upon which any
impression or part of the impression of any seal of the registrar has been forged, knowing the same to have been forged,
or any document, the signature to which has been forged,
shall be guilty of a class B felony, and upon conviction shall
be imprisoned in a state correctional facility for not more than
ten years, or fined not more than one thousand dollars, or
both fined and imprisoned, in the discretion of the court.
[2003 c 53 § 294; 1907 c 250 § 92; RRS § 10721.]
65.12.760
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
65.12.770 Civil actions unaffected. No proceeding or
conviction for any act hereby declared to be a felony, shall
affect any remedy which any person aggrieved or injured by
such act may be entitled to at law, or in equity, against the
person who has committed such act, or against his estate.
[1907 c 250 § 93; RRS § 10722.]
of defendants enter their appearance at the same time, before
default, but one fee shall be paid. Every publication in a
newspaper required by this chapter shall be paid for by the
party on whose application the order of publication is made,
in addition to the fees above prescribed. The party at whose
request any notice is issued, shall pay for the service of the
same, except when sent by mail by the clerk of court, or the
registrar of titles. [1995 c 292 § 19; 1907 c 250 § 94; RRS §
10723.]
65.12.790 Fees of registrar. The fees to be paid to the
registrar of titles shall be as follows:
(1) At or before the time of filing of the certified copy of
the application with the registrar, the applicant shall pay, to
the registrar, on all land having an assessed value, exclusive
of improvements, of one thousand dollars or less, thirty-one
and one-quarter cents on each one thousand dollars, or major
fraction thereof, of the assessed value of said land, additional.
(2) For granting certificates of title, upon each applicant,
and registering the same, two dollars.
(3) For registering each transfer, including the filing of
all instruments connected therewith, and the issuance and
registration of the instruments connected therewith, and the
issuance and registration of the new certificate of title, ten
dollars.
(4) When the land transferred is held upon any trust, condition, or limitation, an additional fee of three dollars.
(5) For entry of each memorial on the register, including
the filing of all instruments and papers connected therewith,
and endorsements upon duplicate certificates, three dollars.
(6) For issuing each additional owner's duplicate certificate, mortgagee's duplicate certificate, or lessee's duplicate
certificate, three dollars.
(7) For filing copy of will, with letters testamentary, or
filing copy of letters of administration, and entering memorial thereof, two dollars and fifty cents.
(8) For the cancellation of each memorial, or charge, one
dollar.
(9) For each certificate showing the condition of the register, one dollar.
(10) For any certified copy of any instrument or writing
on file in his office, the same fees now allowed by law to
county clerks and county auditors for like service.
(11) For any other service required, or necessary to carry
out this chapter, and not hereinbefore itemized, such fee or
fees as the court shall determine and establish.
(12) For registration of each mortgage and issuance of
duplicate of title a fee of five dollars; for each deed of trust
and issuance of duplicate of title a fee of eight dollars. [1973
1st ex.s. c 195 § 76; 1973 c 121 § 2; 1907 c 250 § 95; RRS §
10724.]
65.12.790
65.12.770
65.12.780
65.12.780 Fees of clerk. On the filing of any application for registration, the applicant shall pay to the clerk of the
court filing fees as set in RCW 36.18.016. When any number
[Title 65 RCW—page 22]
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
65.12.800 Disposition of fees. One-half of all fees provided for in RCW 65.12.790(1), shall be collected by the registrar, and paid to the county treasurer of the county in which
the fees are paid, to be used for the current expenses of the
county; and all the remaining fees provided for in said section, and all the subdivisions thereof, shall be collected by the
registrar, and applied the same as the other fees of his office;
65.12.800
(2004 Ed.)
Legal Publications
but his salary as county clerk or county auditor, as now provided by law, shall not be increased on account of the additional duties, or by reason of the allowance of additional fees
provided for herein; and the said registrar, as such, shall
receive no salary. [1907 c 250 § 96; RRS § 10725.]
Chapter 65.16
Chapter 65.16 RCW
LEGAL PUBLICATIONS
Sections
65.16.010
65.16.020
65.16.030
65.16.040
65.16.050
65.16.060
65.16.070
65.16.080
65.16.091
65.16.095
65.16.100
65.16.110
65.16.120
65.16.130
65.16.140
65.16.150
65.16.160
Weekly publication—How made.
Qualifications of legal newspaper.
Affidavit of publication—Presumption.
Legal publications to be approved—Order of approval.
Revocation of approval—Notice.
Choice of newspapers.
List posted in clerk's office.
Scope of provisions.
Rates for legal notices.
Rates for political candidates.
Omissions for Sundays and holidays.
Affidavit to cover payment of fees.
Payment of fees in advance, on demand.
Publication of official notices by radio or television—Restrictions.
Broadcaster to retain copy or transcription.
Proof of publication by radio or television.
Publication of ordinances.
Civil procedure, legal publication generally: Chapter 4.28 RCW.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Powers of appointment: Chapter 11.95 RCW.
65.16.010 Weekly publication—How made. The publication of legal notices required by law, or by an order of a
judge or court, to be published in a newspaper once in each
week for a specified number of weeks, shall be made on the
day of each week in which such newspaper is published.
[1893 c 127 § 27; RRS § 253.]
65.16.010
65.16.020 Qualifications of legal newspaper. The
qualifications of a legal newspaper are that such newspaper
shall have been published regularly, at least once a week, in
the English language, as a newspaper of general circulation,
in the city or town where the same is published at the time of
application for approval, for at least six months prior to the
date of such application; shall be compiled either in whole or
in part in an office maintained at the place of publication;
shall contain news of general interest as contrasted with news
of interest primarily to an organization, group or class; shall
have a policy to print all statutorily required legal notices;
and shall hold a periodical class mailing permit: PROVIDED, That in case of the consolidation of two or more
newspapers, such consolidated newspaper shall be considered as qualified if either or any of the papers so consolidated
would be a qualified newspaper at the date of such legal publication, had not such consolidation taken place: PROVIDED, That this section shall not disqualify as a legal newspaper any publication which, prior to June 8, 1961, was
adjudged a legal newspaper, so long as it continues to meet
the requirements under which it qualified. [2001 c 283 § 1;
1961 c 279 § 1; 1941 c 213 § 3; 1921 c 99 § 1; Rem. Supp.
1941 § 253-1. Prior: 1917 c 61 § 1.]
65.16.020
65.16.030 Affidavit of publication—Presumption.
All legal and other official notices shall be published in a
65.16.030
(2004 Ed.)
65.16.060
legal newspaper as herein defined, and the affidavit of publication shall state that the newspaper has been approved as a
legal newspaper by order of the superior court of the county
in which it is published, and shall be prima facie evidence of
that fact. Wherever a legal notice, publication, advertisement
or other official notice is required to be published by any statute or law of the state of Washington, the proof of such publication shall be the affidavit of the printer, publisher, foreman, principal clerk or business manager of the newspaper
which published said notice. [1953 c 233 § 1; 1941 c 213 §
4; 1921 c 99 § 2; Rem. Supp. 1941 § 253-2.]
65.16.040
65.16.040 Legal publications to be approved—Order
of approval. Sixty days from and after the date *this act
becomes effective, a legal newspaper for the publication of
any advertisement, notice, summons, report, proceeding, or
other official document now or hereafter required by law to
be published, shall be a newspaper which has been approved
as a legal newspaper by order of the superior court of the
county in which such newspaper is published. Such order
may be entered without notice upon presentation of a petition
by or on behalf of the publisher, setting forth the qualifications of the newspaper as required by *this act, and upon evidence satisfactory to the court that such newspaper is so qualified. [1941 c 213 § 1; Rem. Supp. 1941 § 253a.]
*Reviser's note: (1) The language "this act" appears in 1941 c 213 codified as RCW 65.16.020 through 65.16.080.
(2) The effective date of this act is midnight June 11, 1941; see preface
1941 session laws.
65.16.050
65.16.050 Revocation of approval—Notice. An order
of approval of a newspaper shall remain effective from the
time of the entry thereof until the approval be terminated by a
subsequent order of the court, which may be done whenever
it shall be brought to the attention of the court that the newspaper is no longer qualified as a legal newspaper, and after
notice of hearing issued by the clerk and served upon the publisher, at least ten days prior to the date of hearing, by delivering a copy of such notice to the person in charge of the business office of the publisher, or if the publisher has no business office at the time of service, by mailing a copy of such
notice addressed to the publisher at the place of publication
alleged in the petition for approval. [1941 c 213 § 2; Rem.
Supp. 1941 § 253b.]
65.16.060
65.16.060 Choice of newspapers. Any summons, citation, notice of sheriff's sale, or legal advertisement of any
description, the publication of which is now or may be hereafter required by law, may be published in any daily or
weekly legal newspaper published in the county where the
action, suit or other proceeding is pending, or is to be commenced or had, or in which such notice, summons, citation,
or other legal advertisement is required to be given: PROVIDED, HOWEVER, That if there be more than one legal
newspaper in which any such legal notice, summons, citation
or legal advertisement might lawfully be published, then the
plaintiff or moving party in the action, suit or proceeding
shall have the exclusive right to designate in which of such
qualified newspapers such legal notice, summons, citation,
notice of sheriff's sale or other legal advertisement shall be
[Title 65 RCW—page 23]
65.16.070
Title 65 RCW: Recording, Registration, and Legal Publication
published. [1941 c 213 § 6; 1921 c 99 § 5; Rem. Supp. 1941
§ 253-5.]
65.16.070
65.16.070 List posted in clerk's office. Publications
commenced in a legal newspaper, *when this act takes effect,
may be completed in that newspaper notwithstanding any
failure to obtain an order of approval under *this act, and notwithstanding an order of termination of approval prior to
completion of publication. The clerk of the superior court of
each county shall post and keep posted in a prominent place
in his office a list of the newspapers published in that county
which are approved as legal newspapers. [1941 c 213 § 7;
RRS § 253-5a.]
*Reviser's note: "this act," "when this act takes effect," see note following RCW 65.16.040.
65.16.080
65.16.080 Scope of provisions. The provisions of *this
act shall not apply in counties where no newspaper has been
published for a period of one year prior to the publication of
such legal or other official notices. [1941 c 213 § 5; 1921 c
99 § 3; Rem. Supp. 1941 § 253-3.]
*Reviser's note: "this act," see note following RCW 65.16.040.
65.16.091
65.16.091 Rates for legal notices. The rate charged by
a newspaper for legal notices shall not exceed the national
advertising rate extended by the newspaper to all general
advertisers and advertising agencies in its published rate card.
[1977 c 34 § 3.]
65.16.095
65.16.095 Rates for political candidates. The rate
charged by a newspaper for advertising in relation to candidates for political office shall not exceed the national advertising rate extended to all general advertisers and advertising
agencies in its published rate card. [1955 c 186 § 2.]
Severability—1955 c 186: "If any section of this act shall be found
unconstitutional it shall not invalidate the remaining section." [1955 c 186 §
3.]
65.16.100
65.16.100 Omissions for Sundays and holidays.
Where any law or ordinance of any incorporated city or town
in this state provides for the publication of any form of notice
or advertisement for consecutive days in a daily newspaper,
the publication of such notice on legal holidays and Sundays
may be omitted without in any manner affecting the legality
of such notice or advertisement: PROVIDED, That the publication of the required number of notices is complied with.
[1921 c 99 § 6; RRS § 253-6.]
65.16.110
65.16.110 Affidavit to cover payment of fees. The
affidavit of publication of all notices required by law to be
published shall state the full amount of the fee charged for
such publication and that the fee has been paid in full. [1921
c 99 § 7; RRS § 253-7.]
65.16.120
65.16.120 Payment of fees in advance, on demand.
When, by law, any publication is required to be made by an
officer of any suit, process, notice, order or other papers, the
costs of such publication shall, if demanded, be tendered by
the party procuring such publication before such officer shall
[Title 65 RCW—page 24]
be compelled to make publication thereof. [Code 1881 §
2092; 1869 p 373 § 14; RRS § 504.]
65.16.130
65.16.130 Publication of official notices by radio or
television—Restrictions. Any official of the state or any of
its political subdivisions who is required by law to publish
any notice required by law may supplement publication
thereof by radio or television broadcast or both when, in his
judgment, the public interest will be served thereby: PROVIDED, That the time, place and nature of such notice only
be read or shown with no reference to any person by name
then a candidate for political office, and that such broadcasts
shall be made only by duly employed personnel of the station
from which such broadcasts emanate, and that notices by
political subdivisions may be made only by stations situated
within the county of origin of the legal notice. [1961 c 85 §
1; 1951 c 119 § 1.]
65.16.140
65.16.140 Broadcaster to retain copy or transcription. Each radio or television station broadcasting any legal
notice or notice of event shall for a period of six months subsequent to such broadcast retain at its office a copy or transcription of the text of the notice as actually broadcast which
shall be available for public inspection. [1961 c 85 § 2; 1951
c 119 § 2.]
65.16.150
65.16.150 Proof of publication by radio or television.
Proof of publication of legal notice or notice of event by radio
or television broadcast shall be by affidavit of the manager,
an assistant manager or a program director of the station
broadcasting the same. [1961 c 85 § 3; 1951 c 119 § 3.]
65.16.160
65.16.160 Publication of ordinances. (1) Whenever
any county is required by law to publish legal notices containing the full text of any proposed or adopted ordinance in
a newspaper, the county may publish a summary of the ordinance which summary shall be approved by the governing
body and which shall include:
(a) The name of the county;
(b) The formal identification or citation number of the
ordinance;
(c) A descriptive title;
(d) A section-by-section summary;
(e) Any other information which the county finds is necessary to provide a complete summary; and
(f) A statement that the full text will be mailed upon
request.
Publication of the title of an ordinance by a county
authorizing the issuance of bonds, notes, or other evidences
of indebtedness shall constitute publication of a complete
summary of that ordinance, and a section-by-section summary shall not be required.
(2) Subsection (1) of this section notwithstanding, whenever any publication is made under this section and the proposed or adopted ordinance contains provisions regarding
taxation or penalties or contains legal descriptions of real
property, then the sections containing this matter shall be
published in full and shall not be summarized. When a legal
description of real property is involved, the notice shall also
include the street address or addresses of the property
(2004 Ed.)
Classification of Manufactured Homes
described, if any. In the case of descriptions covering more
than one street address, the street addresses of the four corners of the area described shall meet this requirement.
(3) The full text of any ordinance which is summarized
by publication under this section shall be mailed without
charge to any person who requests the text from the adopting
county. [1995 c 157 § 1; 1994 c 273 § 19; 1977 c 34 § 4.]
Chapter 65.20 RCW
CLASSIFICATION OF MANUFACTURED HOMES
Chapter 65.20
Sections
65.20.010
65.20.020
65.20.030
65.20.040
65.20.050
65.20.060
65.20.070
65.20.080
65.20.090
65.20.100
65.20.110
65.20.120
65.20.130
65.20.900
65.20.910
65.20.920
65.20.930
65.20.940
65.20.950
Purpose.
Definitions.
Clarification of type of property and perfection of security
interests.
Elimination of title—Application.
Elimination of title—Approval.
Eliminating title—Lenders and conveyances.
Eliminating title—Removing manufactured home when title
has been eliminated.
Eliminating title—Uniform forms.
Eliminating title—Fees.
Eliminating title—General supervision.
Eliminating title—Rules.
Eliminating title—Notice.
General penalties.
Prospective effect.
Effect on taxation.
Captions not law.
Short title.
Severability—1989 c 343.
Effective date—1989 c 343.
Certificates of ownership and registration: Chapter 46.12 RCW.
65.20.010
65.20.010 Purpose. The legislature recognizes that
confusion exists regarding the classification of manufactured
homes as personal or real property. This confusion is
increased because manufactured homes are treated as vehicles in some parts of state statutes, however these homes are
often used as residences to house persons residing in the state
of Washington. This results in a variety of problems, including: (1) Creating confusion as to the creation, perfection, and
priority of security interests in manufactured homes; (2) making it more difficult and expensive to obtain financing and
title insurance; (3) making it more difficult to utilize manufactured homes as an affordable housing option; and (4)
increasing the risk of problems for and losses to the consumer. Therefore the purpose of this chapter is to clarify the
type of property manufactured homes are, particularly relating to security interests, and to provide a statutory process to
make the manufactured home real property by eliminating
the title to a manufactured home when the home is affixed to
land owned by the homeowner. [1989 c 343 § 1.]
65.20.020
65.20.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Affixed" means that the manufactured home is
installed in accordance with the installation standards in state
law.
(2) "Department" means the department of licensing.
(3) "Eliminating the title" means to cancel an existing
title issued by this state or a foreign jurisdiction or to waive
the certificate of ownership required by chapter 46.12 RCW
(2004 Ed.)
65.20.030
and recording the appropriate documents in the county real
property records pursuant to this chapter.
(4) "Homeowner" means the owner of a manufactured
home.
(5) "Land" means real property excluding the manufactured home.
(6) "Manufactured home" or "mobile home" means a
structure, designed and constructed to be transportable in one
or more sections and is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities that
include plumbing, heating, and electrical systems contained
therein. The structure must comply with the national mobile
home construction and safety standards act of 1974 as
adopted by chapter 43.22 RCW if applicable. "Manufactured
home" does not include a modular home. A structure which
met the definition of a "manufactured home" at the time of
manufacture is still considered to meet this definition notwithstanding that it is no longer transportable.
(7) "Owner" means, when referring to a manufactured
home that is titled, the person who is the registered owner.
When referring to a mobile home that is untitled pursuant to
this chapter, the owner is the person who owns the land.
When referring to land, the person may have fee simple title,
have a leasehold estate of thirty-five years or more, or be purchasing the property on a real estate contract. Owners include
joint tenants, tenants in common, holders of legal life estates,
and holders of remainder interests.
(8) "Person" means any individual, trustee, partnership,
corporation, or other legal entity. "Person" may refer to more
than one individual or entity.
(9) "Secured party" means the legal owner when referring to a titled mobile home, or the lender securing a loan
through a mortgage, deed of trust, or real estate contract when
referring to land or land containing an untitled manufactured
home pursuant to this chapter.
(10) "Security interest" means an interest in property to
secure payment of a loan made by a secured party to a borrower.
(11) "Title" or "titled" means a certificate of ownership
issued pursuant to chapter 46.12 RCW. [1989 c 343 § 2.]
65.20.030 Clarification of type of property and perfection of security interests. When a manufactured home is
sold or transferred on or after March 1, 1990, and when all
ownership in the manufactured home is transferred through
the sale or other transfer of the manufactured home to new
owners, the manufactured home shall be real property when
the new owners eliminate the title pursuant to this chapter.
The manufactured home shall not be real property in any
form, including fixture law, unless the title is eliminated
under this chapter. Where any person who owned a used
manufactured home on March 1, 1990, continues to own the
manufactured home on or after March 1, 1990, the interests
and rights of owners, secured parties, lienholders, and others
in the manufactured home shall be based on the law prior to
March 1, 1990, except where the owner voluntarily eliminates the title to the manufactured home by complying with
this chapter. If the title to the manufactured home is eliminated under this chapter, the manufactured home shall be
treated the same as a site-built structure and ownership shall
65.20.030
[Title 65 RCW—page 25]
65.20.040
Title 65 RCW: Recording, Registration, and Legal Publication
be based on ownership of the real property through real property law. If the title to the manufactured home has not been
eliminated under this chapter, ownership shall be based on
chapter 46.12 RCW.
For purposes of perfecting and realizing upon security
interests, manufactured homes shall always be treated as follows: (1) If the title has not been eliminated under this chapter, security interests in the manufactured home shall be perfected only under chapter 62A.9A RCW in the case of a manufactured home held as inventory by a manufacturer or dealer
or chapter 46.12 RCW in all other cases, and the lien shall be
treated as securing personal property for purposes of realizing upon the security interest; or (2) if the title has been eliminated under this chapter, a separate security interest in the
manufactured home shall not exist, and the manufactured
home shall only be secured as part of the real property
through a mortgage, deed of trust, or real estate contract.
[2000 c 250 § 9A-836; 1989 c 343 § 3.]
Effective date—2000 c 250: See RCW 62A.9A-701.
65.20.040
65.20.040 Elimination of title—Application. If a
manufactured home is affixed to land that is owned by the
homeowner, the homeowner may apply to the department to
have the title to the manufactured home eliminated. The
application package shall consist of the following:
(1) An affidavit, in the form prescribed by the department, signed by all the owners of the manufactured home and
containing:
(a) The date;
(b) The names of all of the owners of record of the manufactured home;
(c) The legal description of the real property;
(d) A description of the manufactured home including
model year, make, width, length, and vehicle identification
number;
(e) The names of all secured parties in the manufactured
home; and
(f) A statement that the owner of the manufactured home
owns the real property to which it is affixed;
(2) Certificate of ownership for the manufactured home,
or the manufacturer's statement of origin in the case of a new
manufactured home. Where title is held by the secured party
as legal owner, the consent of the secured party must be indicated by the legal owner releasing his or her security interest;
(3) A certification by the local government indicating
that the manufactured home is affixed to the land;
(4) Payment of all licensing fees, excise tax, use tax, real
estate tax, recording fees, and proof of payment of all property taxes then due; and
(5) Any other information the department may require.
[1989 c 343 § 4.]
65.20.050
65.20.050 Elimination of title—Approval. The
department shall approve the application for elimination of
the title when all requirements listed in RCW 65.20.040 have
been satisfied and the registered and legal owners of the manufactured home have consented to the elimination of the title.
After approval, the department shall have the approved application recorded in the county or counties in which the land is
located and on which the manufactured home is affixed.
[Title 65 RCW—page 26]
The county auditor shall record the approved application, and any other form prescribed by the department, in the
county real property records. The manufactured home shall
then be treated as real property as if it were a site-built structure. Removal of the manufactured home from the land is
prohibited unless the procedures set forth in RCW 65.20.070
are complied with.
The department shall cancel the title after verification
that the county auditor has recorded the appropriate documents, and the department shall maintain a record of each
manufactured home title eliminated under this chapter by
vehicle identification number. The title is deemed eliminated
on the date the appropriate documents are recorded by the
county auditor. [1989 c 343 § 5.]
65.20.060
65.20.060 Eliminating title—Lenders and conveyances. It is the responsibility of the owner, secured parties,
and others to take action as necessary to protect their respective interests in conjunction with the elimination of the title or
reissuance of a previously eliminated title.
A manufactured home whose title has been eliminated
shall be conveyed by deed or real estate contract and shall
only be transferred together with the property to which it is
affixed, unless procedures described in RCW 65.20.070 are
completed.
Nothing in this chapter shall be construed to require a
lender to consent to the elimination of the title of a manufactured home, or to retitling a manufactured home under RCW
65.20.070. The obligation of the lender to consent is governed solely by the agreement between the lender and the
owner of the manufactured home. Absent any express written
contractual obligation, a lender may withhold consent in the
lender's sole discretion. In addition, the homeowner shall
comply with all reasonable requirements imposed by a lender
for obtaining consent, and a lender may charge a reasonable
fee for processing a request for consent. [1989 c 343 § 6.]
65.20.070
65.20.070 Eliminating title—Removing manufactured home when title has been eliminated. Before physical removal of an untitled manufactured home from the land
the home is affixed to, the owner shall follow one of these
two procedures:
(1) Where a title is to be issued or the home has been
destroyed:
(a) The owner shall apply to the department for a title
pursuant to chapter 46.12 RCW. In addition the owner shall
provide:
(i) An affidavit in the form prescribed by the department,
signed by the owners of the land and all secured parties and
other lienholders in the land consenting to the removal of the
home;
(ii) Payment of recording fees;
(iii) A certification from a title insurance company listing the owners and lienholders in the land and dated within
ten days of the date of application for a new title under this
subsection; and
(iv) Any other information the department may require;
(b) The owner shall apply for and obtain permits necessary to move a manufactured home including but not limited
to the permit required by RCW 46.44.170, and comply with
(2004 Ed.)
Classification of Manufactured Homes
other regulations regarding moving a manufactured home;
and
(c) The department shall approve the application for title
when the requirements of chapter 46.12 RCW and this subsection have been satisfied. Upon approval the department
shall have the approved application and the affidavit recorded
in the county or counties in which the land from which the
home is being removed is located and the department shall
issue a title. The title is deemed effective on the date the
appropriate documents are recorded with the county auditor.
(2) Where the manufactured home is to be moved to a
new location but again will be affixed to land owned by the
homeowner a new title need not be issued, but the following
procedures must be complied with:
(a) The owner shall apply to the department for a transfer
in location of the manufactured home and if a new owner, a
transfer in ownership by filing an application pursuant to
RCW 65.20.040. In addition the owner shall include:
(i) An affidavit in the form prescribed by the department
signed by all of the owners of the real property from which
the manufactured home is being moved indicating their consent. The affidavit shall include the consent of all secured
parties and other lienholders in the land from which the manufactured home is being moved;
(ii) A legal description and property tax parcel number of
the real property from which the home is being removed and
a legal description and property tax parcel number of the land
on which the home is being moved to; and
(iii) A certification from a title insurance company listing the owners and lienholders in the land and dated within
ten days of the application for transfer in location under this
subsection;
(b) The owner shall apply for and obtain permits necessary to move a manufactured home including but not limited
to RCW 46.44.170, and comply with other regulations
regarding moving a manufactured home; and
(c) After approval, including verification that the owners, secured parties, and other lienholders have consented to
the move, the department shall have the approved application
recorded in the county or counties in which the land from
which the home is being removed and the land to which the
home is being moved is located. [1989 c 343 § 7.]
65.20.950
65.20.100
65.20.100 Eliminating title—General supervision.
The department shall have the general supervision and control of the elimination of titles and shall have full power to do
all things necessary and proper to carry out the provisions of
this chapter. The director shall have the power to appoint the
county auditors as the agents of the department. [1989 c 343
§ 11.]
65.20.110
65.20.110 Eliminating title—Rules. The department
may make any reasonable rules relating to the enforcement
and proper operation of this chapter. [1989 c 343 § 12.]
65.20.120
65.20.120 Eliminating title—Notice. County auditors
shall notify county assessors regarding elimination of titles to
manufactured homes, the retitling of manufactured homes,
and the movement of manufactured homes under RCW
65.20.070. [1989 c 343 § 13.]
65.20.130
65.20.130 General penalties. Every person who falsifies or intentionally omits material information required in an
affidavit, or otherwise intentionally violates a material provision of this chapter, is guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021. [1989 c 343 § 10.]
65.20.900
65.20.900 Prospective effect. This chapter applies prospectively only. RCW 65.20.030 applies to all security interests perfected on or after March 1, 1990. This chapter applies
to the sale or transfer of manufactured homes on or after
March 1, 1990, where all of the existing ownership rights and
interests in the manufactured home are terminated in favor of
new and different owners, or where persons who own a manufactured home on or after March 1, 1990, voluntarily elect to
eliminate the title to the manufactured home under this chapter. [1989 c 343 § 14.]
65.20.910
65.20.910 Effect on taxation. Nothing in this chapter
shall be construed to affect the taxation of manufactured
homes. [1989 c 343 § 15.]
65.20.920
65.20.080
65.20.080 Eliminating title—Uniform forms. The
department may prepare standard affidavits, lienholder's consents, and other forms to be used pursuant to this chapter.
[1989 c 343 § 8.]
65.20.090
65.20.090 Eliminating title—Fees. The director may,
in addition to the title fees and other fees and taxes required
under chapter 46.12 RCW establish by rule a reasonable fee
to cover the cost of processing documents and performing
services by the department required under this chapter.
Fees collected by the department for services provided
by the department under this chapter shall be forwarded to the
state treasurer. The state treasurer shall credit such moneys to
the motor vehicle fund and all department expenses incurred
in carrying out the provisions of this chapter shall be paid
from such fund as authorized by legislative appropriation.
[1989 c 343 § 9.]
(2004 Ed.)
65.20.920 Captions not law. Section headings as used
in this chapter do not constitute any part of the law. [1989 c
343 § 16.]
65.20.930
65.20.930 Short title. This chapter may be known and
cited as the manufactured home real property act. [1989 c
343 § 17.]
65.20.940
65.20.940 Severability—1989 c 343. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 343 § 26.]
65.20.950
65.20.950 Effective date—1989 c 343. This act shall
take effect on March 1, 1990. [1989 c 343 § 27.]
[Title 65 RCW—page 27]
Title 66
Title 66
ALCOHOLIC BEVERAGE CONTROL
Chapters
66.04 Definitions.
66.08 Liquor control board—General provisions.
66.12 Exemptions.
66.16 State liquor stores.
66.20 Liquor permits.
66.24 Licenses—Stamp taxes.
66.28 Miscellaneous regulatory provisions.
66.32 Search and seizure.
66.36 Abatement proceedings.
66.40 Local option.
66.44 Enforcement—Penalties.
66.98 Construction.
Alcoholism, intoxication, and drug addiction
private establishments: Chapter 71.12 RCW.
treatment: Chapter 70.96A RCW.
Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
Wine grape industry, instruction relating to—Purpose—Administration:
RCW 28B.30.067 and 28B.30.068.
Chapter 66.04
Chapter 66.04 RCW
DEFINITIONS
Sections
66.04.010
66.04.011
66.04.010
Definitions.
"Public place" not to include certain parks and picnic areas.
66.04.010 Definitions. (Effective until January 1,
2005.) In this title, unless the context otherwise requires:
(1) "Alcohol" is that substance known as ethyl alcohol,
hydrated oxide of ethyl, or spirit of wine, which is commonly
produced by the fermentation or distillation of grain, starch,
molasses, or sugar, or other substances including all dilutions
and mixtures of this substance. The term "alcohol" does not
include alcohol in the possession of a manufacturer or distiller of alcohol fuel, as described in RCW 66.12.130, which
is intended to be denatured and used as a fuel for use in motor
vehicles, farm implements, and machines or implements of
husbandry.
(2) "Beer" means any malt beverage or malt liquor as
these terms are defined in this chapter.
(3) "Beer distributor" means a person who buys beer
from a brewer or brewery located either within or beyond the
boundaries of the state, beer importers, or foreign produced
beer from a source outside the state of Washington, for the
purpose of selling the same pursuant to this title, or who represents such brewer or brewery as agent.
(4) "Beer importer" means a person or business within
Washington who purchases beer from a United States brewery holding a certificate of approval (B5) or foreign produced
(2004 Ed.)
beer from a source outside the state of Washington for the
purpose of selling the same pursuant to this title.
(5) "Brewer" means any person engaged in the business
of manufacturing beer and malt liquor. Brewer includes a
brand owner of malt beverages who holds a brewer's notice
with the federal bureau of alcohol, tobacco, and firearms at a
location outside the state and whose malt beverage is contract-produced by a licensed in-state brewery, and who may
exercise within the state, under a domestic brewery license,
only the privileges of storing, selling to licensed beer distributors, and exporting beer from the state.
(6) "Board" means the liquor control board, constituted
under this title.
(7) "Club" means an organization of persons, incorporated or unincorporated, operated solely for fraternal, benevolent, educational, athletic or social purposes, and not for
pecuniary gain.
(8) "Consume" includes the putting of liquor to any use,
whether by drinking or otherwise.
(9) "Dentist" means a practitioner of dentistry duly and
regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.32 RCW.
(10) "Distiller" means a person engaged in the business
of distilling spirits.
(11) "Domestic brewery" means a place where beer and
malt liquor are manufactured or produced by a brewer within
the state.
(12) "Domestic winery" means a place where wines are
manufactured or produced within the state of Washington.
(13) "Druggist" means any person who holds a valid certificate and is a registered pharmacist and is duly and regularly engaged in carrying on the business of pharmaceutical
chemistry pursuant to chapter 18.64 RCW.
(14) "Drug store" means a place whose principal business is, the sale of drugs, medicines and pharmaceutical preparations and maintains a regular prescription department and
employs a registered pharmacist during all hours the drug
store is open.
(15) "Employee" means any person employed by the
board, including a vendor, as hereinafter in this section
defined.
(16) "Fund" means 'liquor revolving fund.'
(17) "Hotel" means every building or other structure
kept, used, maintained, advertised or held out to the public to
be a place where food is served and sleeping accommodations are offered for pay to transient guests, in which twenty
or more rooms are used for the sleeping accommodation of
such transient guests and having one or more dining rooms
where meals are served to such transient guests, such sleeping accommodations and dining rooms being conducted in
the same building and buildings, in connection therewith, and
such structure or structures being provided, in the judgment
of the board, with adequate and sanitary kitchen and dining
[Title 66 RCW—page 1]
66.04.010
Title 66 RCW: Alcoholic Beverage Control
room equipment and capacity, for preparing, cooking and
serving suitable food for its guests: PROVIDED FURTHER,
That in cities and towns of less than five thousand population,
the board shall have authority to waive the provisions requiring twenty or more rooms.
(18) "Importer" means a person who buys distilled spirits
from a distillery outside the state of Washington and imports
such spirituous liquor into the state for sale to the board or for
export.
(19) "Imprisonment" means confinement in the county
jail.
(20) "Liquor" includes the four varieties of liquor herein
defined (alcohol, spirits, wine and beer), and all fermented,
spirituous, vinous, or malt liquor, or combinations thereof,
and mixed liquor, a part of which is fermented, spirituous,
vinous or malt liquor, or otherwise intoxicating; and every
liquid or solid or semisolid or other substance, patented or
not, containing alcohol, spirits, wine or beer, and all drinks or
drinkable liquids and all preparations or mixtures capable of
human consumption, and any liquid, semisolid, solid, or
other substance, which contains more than one percent of
alcohol by weight shall be conclusively deemed to be intoxicating. Liquor does not include confections or food products
that contain one percent or less of alcohol by weight.
(21) "Manufacturer" means a person engaged in the
preparation of liquor for sale, in any form whatsoever.
(22) "Malt beverage" or "malt liquor" means any beverage such as beer, ale, lager beer, stout, and porter obtained by
the alcoholic fermentation of an infusion or decoction of pure
hops, or pure extract of hops and pure barley malt or other
wholesome grain or cereal in pure water containing not more
than eight percent of alcohol by weight, and not less than onehalf of one percent of alcohol by volume. For the purposes of
this title, any such beverage containing more than eight percent of alcohol by weight shall be referred to as "strong beer."
(23) "Package" means any container or receptacle used
for holding liquor.
(24) "Permit" means a permit for the purchase of liquor
under this title.
(25) "Person" means an individual, copartnership, association, or corporation.
(26) "Physician" means a medical practitioner duly and
regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.71 RCW.
(27) "Prescription" means a memorandum signed by a
physician and given by him to a patient for the obtaining of
liquor pursuant to this title for medicinal purposes.
(28) "Public place" includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those
parts of establishments where beer may be sold under this
title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages and filling stations which are
open to and are generally used by the public and to which the
public is permitted to have unrestricted access; railroad
trains, stages, and other public conveyances of all kinds and
character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access
by the public; publicly owned bathing beaches, parks, and/or
[Title 66 RCW—page 2]
playgrounds; and all other places of like or similar nature to
which the general public has unrestricted right of access, and
which are generally used by the public.
(29) "Regulations" means regulations made by the board
under the powers conferred by this title.
(30) "Restaurant" means any establishment provided
with special space and accommodations where, in consideration of payment, food, without lodgings, is habitually furnished to the public, not including drug stores and soda fountains.
(31) "Sale" and "sell" include exchange, barter, and traffic; and also include the selling or supplying or distributing,
by any means whatsoever, of liquor, or of any liquid known
or described as beer or by any name whatever commonly
used to describe malt or brewed liquor or of wine, by any person to any person; and also include a sale or selling within the
state to a foreign consignee or his agent in the state. "Sale"
and "sell" shall not include the giving, at no charge, of a reasonable amount of liquor by a person not licensed by the
board to a person not licensed by the board, for personal use
only. "Sale" and "sell" also does not include a raffle authorized under RCW 9.46.0315: PROVIDED, That the nonprofit organization conducting the raffle has obtained the
appropriate permit from the board.
(32) "Soda fountain" means a place especially equipped
with apparatus for the purpose of dispensing soft drinks,
whether mixed or otherwise.
(33) "Spirits" means any beverage which contains alcohol obtained by distillation, including wines exceeding
twenty-four percent of alcohol by volume.
(34) "Store" means a state liquor store established under
this title.
(35) "Tavern" means any establishment with special
space and accommodation for sale by the glass and for consumption on the premises, of beer, as herein defined.
(36) "Vendor" means a person employed by the board as
a store manager under this title.
(37) "Winery" means a business conducted by any person for the manufacture of wine for sale, other than a domestic winery.
(38) "Wine" means any alcoholic beverage obtained by
fermentation of fruits (grapes, berries, apples, et cetera) or
other agricultural product containing sugar, to which any saccharine substances may have been added before, during or
after fermentation, and containing not more than twenty-four
percent of alcohol by volume, including sweet wines fortified
with wine spirits, such as port, sherry, muscatel and angelica,
not exceeding twenty-four percent of alcohol by volume and
not less than one-half of one percent of alcohol by volume.
For purposes of this title, any beverage containing no more
than fourteen percent of alcohol by volume when bottled or
packaged by the manufacturer shall be referred to as "table
wine," and any beverage containing alcohol in an amount
more than fourteen percent by volume when bottled or packaged by the manufacturer shall be referred to as "fortified
wine." However, "fortified wine" shall not include: (a)
Wines that are both sealed or capped by cork closure and
aged two years or more; and (b) wines that contain more than
fourteen percent alcohol by volume solely as a result of the
natural fermentation process and that have not been produced
with the addition of wine spirits, brandy, or alcohol.
(2004 Ed.)
Definitions
This subsection shall not be interpreted to require that
any wine be labeled with the designation "table wine" or "fortified wine."
(39) "Wine distributor" means a person who buys wine
from a vintner or winery located either within or beyond the
boundaries of the state for the purpose of selling the same not
in violation of this title, or who represents such vintner or
winery as agent.
(40) "Wine importer" means a person or business within
Washington who purchases wine from a United States winery
holding a certificate of approval (W7) or foreign produced
wine from a source outside the state of Washington for the
purpose of selling the same pursuant to this title. [2000 c 142
§ 1; 1997 c 321 § 37; 1991 c 192 § 1; 1987 c 386 § 3; 1984 c
78 § 5; 1982 c 39 § 1; 1981 1st ex.s. c 5 § 1; 1980 c 140 § 3;
1969 ex.s. c 21 § 13; 1935 c 158 § 1; 1933 ex.s. c 62 § 3; RRS
§ 7306-3. Formerly RCW 66.04.010 through 66.04.380.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Finding and declaration—Severability—1984 c 78: See notes following RCW 66.12.160.
Severability—1982 c 39: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 39 § 3.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1969 ex.s. c 21: "The effective date of this 1969 amendatory act is July 1, 1969." [1969 ex.s. c 21 § 15.]
66.04.010
66.04.010 Definitions. (Effective January 1, 2005.) In
this title, unless the context otherwise requires:
(1) "Alcohol" is that substance known as ethyl alcohol,
hydrated oxide of ethyl, or spirit of wine, which is commonly
produced by the fermentation or distillation of grain, starch,
molasses, or sugar, or other substances including all dilutions
and mixtures of this substance. The term "alcohol" does not
include alcohol in the possession of a manufacturer or distiller of alcohol fuel, as described in RCW 66.12.130, which
is intended to be denatured and used as a fuel for use in motor
vehicles, farm implements, and machines or implements of
husbandry.
(2) "Authorized representative" means a person who:
(a) Is required to have a federal basic permit issued pursuant to the federal alcohol administration act, 27 U.S.C. Sec.
204;
(b) Has its business located in the United States outside
of the state of Washington;
(c) Acquires ownership of beer or wine for transportation
into and resale in the state of Washington; and which beer or
wine is produced anywhere outside Washington by a brewery
or winery which does not hold a certificate of approval issued
by the board; and
(d) Is appointed by the brewery or winery referenced in
(c) of this subsection as its exclusive authorized representative for marketing and selling its products within the United
States in accordance with a written agreement between the
authorized representative and such brewery or winery pursuant to this title. The board may waive the requirement for the
written agreement of exclusivity in situations consistent with
the normal marketing practices of certain products, such as
classified growths.
(2004 Ed.)
66.04.010
(3) "Beer" means any malt beverage or malt liquor as
these terms are defined in this chapter.
(4) "Beer distributor" means a person who buys beer
from a domestic brewery, microbrewery, beer certificate of
approval holder, or beer importers, or who acquires foreign
produced beer from a source outside of the United States, for
the purpose of selling the same pursuant to this title, or who
represents such brewer or brewery as agent.
(5) "Beer importer" means a person or business within
Washington who purchases beer from a beer certificate of
approval holder or who acquires foreign produced beer from
a source outside of the United States for the purpose of selling the same pursuant to this title.
(6) "Brewer" or "brewery" means any person engaged in
the business of manufacturing beer and malt liquor. Brewer
includes a brand owner of malt beverages who holds a
brewer's notice with the federal bureau of alcohol, tobacco,
and firearms at a location outside the state and whose malt
beverage is contract-produced by a licensed in-state brewery,
and who may exercise within the state, under a domestic
brewery license, only the privileges of storing, selling to
licensed beer distributors, and exporting beer from the state.
(7) "Board" means the liquor control board, constituted
under this title.
(8) "Club" means an organization of persons, incorporated or unincorporated, operated solely for fraternal, benevolent, educational, athletic or social purposes, and not for
pecuniary gain.
(9) "Consume" includes the putting of liquor to any use,
whether by drinking or otherwise.
(10) "Dentist" means a practitioner of dentistry duly and
regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.32 RCW.
(11) "Distiller" means a person engaged in the business
of distilling spirits.
(12) "Domestic brewery" means a place where beer and
malt liquor are manufactured or produced by a brewer within
the state.
(13) "Domestic winery" means a place where wines are
manufactured or produced within the state of Washington.
(14) "Druggist" means any person who holds a valid certificate and is a registered pharmacist and is duly and regularly engaged in carrying on the business of pharmaceutical
chemistry pursuant to chapter 18.64 RCW.
(15) "Drug store" means a place whose principal business is, the sale of drugs, medicines and pharmaceutical preparations and maintains a regular prescription department and
employs a registered pharmacist during all hours the drug
store is open.
(16) "Employee" means any person employed by the
board, including a vendor, as hereinafter in this section
defined.
(17) "Fund" means 'liquor revolving fund.'
(18) "Hotel" means every building or other structure
kept, used, maintained, advertised or held out to the public to
be a place where food is served and sleeping accommodations are offered for pay to transient guests, in which twenty
or more rooms are used for the sleeping accommodation of
such transient guests and having one or more dining rooms
where meals are served to such transient guests, such sleeping accommodations and dining rooms being conducted in
[Title 66 RCW—page 3]
66.04.010
Title 66 RCW: Alcoholic Beverage Control
the same building and buildings, in connection therewith, and
such structure or structures being provided, in the judgment
of the board, with adequate and sanitary kitchen and dining
room equipment and capacity, for preparing, cooking and
serving suitable food for its guests: PROVIDED FURTHER,
That in cities and towns of less than five thousand population,
the board shall have authority to waive the provisions requiring twenty or more rooms.
(19) "Importer" means a person who buys distilled spirits
from a distillery outside the state of Washington and imports
such spirituous liquor into the state for sale to the board or for
export.
(20) "Imprisonment" means confinement in the county
jail.
(21) "Liquor" includes the four varieties of liquor herein
defined (alcohol, spirits, wine and beer), and all fermented,
spirituous, vinous, or malt liquor, or combinations thereof,
and mixed liquor, a part of which is fermented, spirituous,
vinous or malt liquor, or otherwise intoxicating; and every
liquid or solid or semisolid or other substance, patented or
not, containing alcohol, spirits, wine or beer, and all drinks or
drinkable liquids and all preparations or mixtures capable of
human consumption, and any liquid, semisolid, solid, or
other substance, which contains more than one percent of
alcohol by weight shall be conclusively deemed to be intoxicating. Liquor does not include confections or food products
that contain one percent or less of alcohol by weight.
(22) "Manufacturer" means a person engaged in the
preparation of liquor for sale, in any form whatsoever.
(23) "Malt beverage" or "malt liquor" means any beverage such as beer, ale, lager beer, stout, and porter obtained by
the alcoholic fermentation of an infusion or decoction of pure
hops, or pure extract of hops and pure barley malt or other
wholesome grain or cereal in pure water containing not more
than eight percent of alcohol by weight, and not less than onehalf of one percent of alcohol by volume. For the purposes of
this title, any such beverage containing more than eight percent of alcohol by weight shall be referred to as "strong beer."
(24) "Package" means any container or receptacle used
for holding liquor.
(25) "Permit" means a permit for the purchase of liquor
under this title.
(26) "Person" means an individual, copartnership, association, or corporation.
(27) "Physician" means a medical practitioner duly and
regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.71 RCW.
(28) "Prescription" means a memorandum signed by a
physician and given by him to a patient for the obtaining of
liquor pursuant to this title for medicinal purposes.
(29) "Public place" includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those
parts of establishments where beer may be sold under this
title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages and filling stations which are
open to and are generally used by the public and to which the
public is permitted to have unrestricted access; railroad
trains, stages, and other public conveyances of all kinds and
[Title 66 RCW—page 4]
character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access
by the public; publicly owned bathing beaches, parks, and/or
playgrounds; and all other places of like or similar nature to
which the general public has unrestricted right of access, and
which are generally used by the public.
(30) "Regulations" means regulations made by the board
under the powers conferred by this title.
(31) "Restaurant" means any establishment provided
with special space and accommodations where, in consideration of payment, food, without lodgings, is habitually furnished to the public, not including drug stores and soda fountains.
(32) "Sale" and "sell" include exchange, barter, and traffic; and also include the selling or supplying or distributing,
by any means whatsoever, of liquor, or of any liquid known
or described as beer or by any name whatever commonly
used to describe malt or brewed liquor or of wine, by any person to any person; and also include a sale or selling within the
state to a foreign consignee or his agent in the state. "Sale"
and "sell" shall not include the giving, at no charge, of a reasonable amount of liquor by a person not licensed by the
board to a person not licensed by the board, for personal use
only. "Sale" and "sell" also does not include a raffle authorized under RCW 9.46.0315: PROVIDED, That the nonprofit organization conducting the raffle has obtained the
appropriate permit from the board.
(33) "Soda fountain" means a place especially equipped
with apparatus for the purpose of dispensing soft drinks,
whether mixed or otherwise.
(34) "Spirits" means any beverage which contains alcohol obtained by distillation, including wines exceeding
twenty-four percent of alcohol by volume.
(35) "Store" means a state liquor store established under
this title.
(36) "Tavern" means any establishment with special
space and accommodation for sale by the glass and for consumption on the premises, of beer, as herein defined.
(37) "Vendor" means a person employed by the board as
a store manager under this title.
(38) "Winery" means a business conducted by any person for the manufacture of wine for sale, other than a domestic winery.
(39) "Wine" means any alcoholic beverage obtained by
fermentation of fruits (grapes, berries, apples, et cetera) or
other agricultural product containing sugar, to which any saccharine substances may have been added before, during or
after fermentation, and containing not more than twenty-four
percent of alcohol by volume, including sweet wines fortified
with wine spirits, such as port, sherry, muscatel and angelica,
not exceeding twenty-four percent of alcohol by volume and
not less than one-half of one percent of alcohol by volume.
For purposes of this title, any beverage containing no more
than fourteen percent of alcohol by volume when bottled or
packaged by the manufacturer shall be referred to as "table
wine," and any beverage containing alcohol in an amount
more than fourteen percent by volume when bottled or packaged by the manufacturer shall be referred to as "fortified
wine." However, "fortified wine" shall not include: (a)
Wines that are both sealed or capped by cork closure and
aged two years or more; and (b) wines that contain more than
(2004 Ed.)
Liquor Control Board—General Provisions
fourteen percent alcohol by volume solely as a result of the
natural fermentation process and that have not been produced
with the addition of wine spirits, brandy, or alcohol.
This subsection shall not be interpreted to require that
any wine be labeled with the designation "table wine" or "fortified wine."
(40) "Wine distributor" means a person who buys wine
from a domestic winery, wine certificate of approval holder,
or wine importer, or who acquires foreign produced wine
from a source outside of the United States, for the purpose of
selling the same not in violation of this title, or who represents such vintner or winery as agent.
(41) "Wine importer" means a person or business within
Washington who purchases wine from a wine certificate of
approval holder or who acquires foreign produced wine from
a source outside of the United States for the purpose of selling the same pursuant to this title. [2004 c 160 § 1; 2000 c
142 § 1; 1997 c 321 § 37; 1991 c 192 § 1; 1987 c 386 § 3;
1984 c 78 § 5; 1982 c 39 § 1; 1981 1st ex.s. c 5 § 1; 1980 c
140 § 3; 1969 ex.s. c 21 § 13; 1935 c 158 § 1; 1933 ex.s. c 62
§ 3; RRS § 7306-3. Formerly RCW 66.04.010 through
66.04.380.]
Effective date—2004 c 160: "This act takes effect January 1, 2005."
[2004 c 160 § 20.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Finding and declaration—Severability—1984 c 78: See notes following RCW 66.12.160.
Severability—1982 c 39: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 39 § 3.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1969 ex.s. c 21: "The effective date of this 1969 amendatory act is July 1, 1969." [1969 ex.s. c 21 § 15.]
66.04.011 "Public place" not to include certain parks
and picnic areas. "Public place" as defined in this title shall
not include (a) any of those parks under the control of the
state parks and recreation commission, nor, (b) parks and picnic areas adjacent to and held by the same ownership as
licensed brewers and domestic wineries for the consumption
of beer and wine produced by the respective brewery or winery, as prescribed by regulation adopted by the board pursuant to chapter 34.05 RCW. [1977 ex.s. c 219 § 1; 1971 ex.s.
c 208 § 3.]
66.04.011
Chapter 66.08
Chapter 66.08 RCW
LIQUOR CONTROL BOARD—
GENERAL PROVISIONS
Sections
66.08.010
66.08.012
66.08.014
66.08.016
66.08.020
66.08.022
66.08.024
66.08.026
(2004 Ed.)
Title liberally construed.
Creation of board—Chairman—Quorum—Salary.
Terms of members—Vacancies—Principal office—
Removal—Devotion of time to duties—Bond—Oath.
Employees of the board.
Liquor control board to administer.
Attorney general is general counsel of board—Duties—
Assistants.
Annual audit—State auditor's duties—Additional audits—
Public records.
Appropriation and payment of administrative expenses from
liquor revolving fund—"Administrative expenses"
defined.
66.08.030
66.08.050
66.08.0501
66.08.055
66.08.060
66.08.070
66.08.075
66.08.080
66.08.090
66.08.095
66.08.100
66.08.120
66.08.130
66.08.140
66.08.150
66.08.160
66.08.170
66.08.180
66.08.190
66.08.195
66.08.196
66.08.198
66.08.200
66.08.210
66.08.220
66.08.230
66.08.235
66.08.240
66.08.012
Regulations—Scope.
Powers of board in general.
Adoption of rules.
Oaths may be administered and affidavits, declarations
received.
Board cannot advertise liquor—Advertising regulations.
Purchase of liquor by board—Consignment not prohibited—
Warranty or affirmation not required for wine or malt purchases.
Officer, employee not to represent manufacturer, wholesaler
in sale to board.
Interest in manufacture or sale of liquor prohibited.
Sale of liquor by employees of board.
Liquor for training or investigation purposes.
Jurisdiction of action against board—Immunity from personal liability of members.
Preemption of field by state—Exception.
Inspection of books and records—Goods possessed or
shipped—Refusal as violation.
Inspection of books and records—Financial dealings—Penalty for refusal.
Board's action as to permits and licenses—Administrative
procedure act, applicability—Adjudicative proceeding—
Opportunity for hearing—Summary suspension.
Acquisition of warehouse authorized.
Liquor revolving fund—Creation—Composition—State
treasurer as custodian—Daily deposits, exceptions—Budget and accounting act applicable.
Liquor revolving fund—Distribution—Reserve for administration—Disbursement to universities and state agencies.
Liquor revolving fund—Disbursement of excess funds to
state, counties, and cities—Withholding of funds for noncompliance.
Liquor revolving fund—Definition of terms relating to border areas.
Liquor revolving fund—Distribution of funds to border
areas.
Liquor revolving fund—Distribution of funds to border
areas—Guidelines adoption.
Liquor revolving fund—Computation for distribution to
counties—"Unincorporated area" defined.
Liquor revolving fund—Computation for distribution to cities.
Liquor revolving fund—Separate account—Distribution.
Initial disbursement to wine commission—Repayment.
Liquor control board construction and maintenance account.
Transfer of funds pursuant to government service agreement.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
66.08.010
66.08.010 Title liberally construed. This entire title
shall be deemed an exercise of the police power of the state,
for the protection of the welfare, health, peace, morals, and
safety of the people of the state, and all its provisions shall be
liberally construed for the accomplishment of that purpose.
[1933 ex.s. c 62 § 2; RRS § 7306-2.]
66.08.012
66.08.012 Creation of board—Chairman—Quorum—Salary. There shall be a board, known as the "Washington state liquor control board," consisting of three members, to be appointed by the governor, with the consent of the
senate, who shall each be paid an annual salary to be fixed by
the governor in accordance with the provisions of RCW
43.03.040. The governor may, in his discretion, appoint one
of the members as chairman of the board, and a majority of
the members shall constitute a quorum of the board. [1961 c
307 § 7; 1949 c 5 § 8; 1945 c 208 § 1; 1937 c 225 § 1; 1933
ex.s. c 62 § 63; Rem. Supp. 1949 § 7306-63. Formerly RCW
43.66.010.]
Severability—1945 c 5: See RCW 66.98.080.
[Title 66 RCW—page 5]
66.08.014
Title 66 RCW: Alcoholic Beverage Control
66.08.014
66.08.014 Terms of members—Vacancies—Principal office—Removal—Devotion of time to duties—
Bond—Oath. (1) The members of the board to be appointed
after December 2, 1948 shall be appointed for terms beginning January 15, 1949, and expiring as follows: One member
of the board for a term of three years from January 15, 1949;
one member of the board for a term of six years from January
15, 1949; and one member of the board for a term of nine
years from January 15, 1949. Each of the members of the
board appointed hereunder shall hold office until his successor is appointed and qualified. After June 11, 1986, the term
that began on January 15, 1985, will end on January 15, 1989,
the term beginning on January 15, 1988, will end on January
15, 1993, and the term beginning on January 15, 1991, will
end on January 15, 1997. Thereafter, upon the expiration of
the term of any member appointed after June 11, 1986, each
succeeding member of the board shall be appointed and hold
office for the term of six years. In case of a vacancy, it shall
be filled by appointment by the governor for the unexpired
portion of the term in which said vacancy occurs. No vacancy
in the membership of the board shall impair the right of the
remaining member or members to act, except as herein otherwise provided.
(2) The principal office of the board shall be at the state
capitol, and it may establish such other offices as it may deem
necessary.
(3) Any member of the board may be removed for inefficiency, malfeasance or misfeasance in office, upon specific
written charges filed by the governor, who shall transmit such
written charges to the member accused and to the chief justice of the supreme court. The chief justice shall thereupon
designate a tribunal composed of three judges of the superior
court to hear and adjudicate the charges. Such tribunal shall
fix the time of the hearing, which shall be public, and the procedure for the hearing, and the decision of such tribunal shall
be final and not subject to review by the supreme court.
Removal of any member of the board by the tribunal shall
disqualify such member for reappointment.
(4) Each member of the board shall devote his entire
time to the duties of his office and no member of the board
shall hold any other public office. Before entering upon the
duties of his office, each of said members of the board shall
enter into a surety bond executed by a surety company authorized to do business in this state, payable to the state of Washington, to be approved by the governor in the penal sum of
fifty thousand dollars conditioned upon the faithful performance of his duties, and shall take and subscribe to the oath
of office prescribed for elective state officers, which oath and
bond shall be filed with the secretary of state. The premium
for said bond shall be paid by the board. [1986 c 105 § 1;
1949 c 5 § 9; 1947 c 113 § 1; 1945 c 208 § 2; 1933 ex.s. c 62
§ 64; Rem. Supp. 1949 § 7306-64. Formerly RCW
43.66.020.]
Severability—1949 c 5: See RCW 66.98.080.
66.08.016
66.08.016 Employees of the board. The board may
employ such number of employees as in its judgment are
required from time to time. [1961 c 1 § 30 (Initiative Measure No. 207, approved November 8, 1960); 1947 c 113 § 2;
1933 ex.s. c 62 § 65; Rem. Supp. 1947 § 7306-65. Formerly
RCW 43.66.030.]
[Title 66 RCW—page 6]
66.08.020
66.08.020 Liquor control board to administer. The
administration of this title, including the general control,
management and supervision of all liquor stores, shall be
vested in the liquor control board, constituted under this title.
[1933 ex.s. c 62 § 5; RRS § 7306-5.]
Prosecuting attorney to make annual report of liquor law prosecutions:
RCW 36.27.020.
66.08.022
66.08.022 Attorney general is general counsel of
board—Duties—Assistants. The attorney general shall be
the general counsel of the liquor control board and he shall
institute and prosecute all actions and proceedings which
may be necessary in the enforcement and carrying out of the
provisions of this chapter and Title 66 RCW.
He shall assign such assistants as may be necessary to
the exclusive duty of assisting the liquor control board in the
enforcement of Title 66 RCW. [1961 ex.s. c 6 § 2; 1933 ex.s.
c 62 § 66; RRS § 7306-66. Formerly RCW 43.66.140.]
Effective date—Transfer of liquor revolving fund to state treasurer—Outstanding obligations—1961 ex.s. c 6: See notes following
RCW 66.08.170.
66.08.024
66.08.024 Annual audit—State auditor's duties—
Additional audits—Public records. The state auditor shall
audit the books, records, and affairs of the board annually.
The board may provide for additional audits by certified public accountants. All such audits shall be public records of the
state. The payment of the audits provided for in this section
shall be paid as provided in RCW 66.08.026 for other administrative expenses. [1987 c 74 § 1; 1981 1st ex.s. c 5 § 2;
1961 ex.s. c 6 § 3; 1937 c 138 § 1; 1935 c 174 § 12; 1933 ex.s.
c 62 § 71; RRS § 7306-71. Formerly RCW 43.66.150.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—Transfer of liquor revolving fund to state treasurer—Outstanding obligations—1961 ex.s. c 6: See notes following
RCW 66.08.170.
66.08.026
66.08.026 Appropriation and payment of administrative expenses from liquor revolving fund—"Administrative expenses" defined. All administrative expenses of
the board incurred on and after April 1, 1963, shall be appropriated and paid from the liquor revolving fund. These
administrative expenses shall include, but not be limited to:
The salaries and expenses of the board and its employees, the
cost of establishing, leasing, maintaining, and operating state
liquor stores and warehouses, legal services, pilot projects,
annual or other audits, and other general costs of conducting
the business of the board, and the costs of supplying, installing, and maintaining equipment used in state liquor stores
and agency liquor vendor stores for the purchase of liquor
using debit or credit cards. The administrative expenses shall
not, however, be deemed to include costs of liquor and lottery
tickets purchased, the cost of transportation and delivery to
the point of distribution, other costs pertaining to the acquisition and receipt of liquor and lottery tickets, packaging and
repackaging of liquor, agency commissions for agency liquor
vendor stores, transaction fees associated with credit or debit
card purchases for liquor in state liquor stores and in the
stores of agency liquor vendors pursuant to RCW 66.16.040
and 66.16.041, sales tax, and those amounts distributed pur(2004 Ed.)
Liquor Control Board—General Provisions
suant to RCW 66.08.180, 66.08.190, 66.08.200, 66.08.210
and 66.08.220. Agency commissions for agency liquor vendor stores shall be established by the liquor control board
after consultation with and approval by the director of the
office of financial management. All expenditures and payment of obligations authorized by this section are subject to
the allotment requirements of chapter 43.88 RCW. [2004 c
63 § 1; 2001 c 313 § 1; 1998 c 265 § 2; 1997 c 148 § 1; 1996
c 291 § 3; 1983 c 160 § 2; 1963 c 239 § 1; 1961 ex.s. c 6 § 4.
Formerly RCW 43.66.161.]
Intent—1998 c 265: See note following RCW 66.16.041.
Severability—1963 c 239: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1963 c 239 § 2.]
Effective date—Transfer of liquor revolving fund to state treasurer—Outstanding obligations—1961 ex.s. c 6: See notes following
RCW 66.08.170.
66.08.030
66.08.030 Regulations—Scope. (1) For the purpose of
carrying into effect the provisions of this title according to
their true intent or of supplying any deficiency therein, the
board may make such regulations not inconsistent with the
spirit of this title as are deemed necessary or advisable. All
regulations so made shall be a public record and shall be filed
in the office of the code reviser, and thereupon shall have the
same force and effect as if incorporated in this title. Such regulations, together with a copy of this title, shall be published
in pamphlets and shall be distributed as directed by the board.
(2) Without thereby limiting the generality of the provisions contained in subsection (1), it is declared that the power
of the board to make regulations in the manner set out in that
subsection shall extend to
(a) regulating the equipment and management of stores
and warehouses in which state liquor is sold or kept, and prescribing the books and records to be kept therein and the
reports to be made thereon to the board;
(b) prescribing the duties of the employees of the board,
and regulating their conduct in the discharge of their duties;
(c) governing the purchase of liquor by the state and the
furnishing of liquor to stores established under this title;
(d) determining the classes, varieties, and brands of
liquor to be kept for sale at any store;
(e) prescribing, subject to RCW 66.16.080, the hours
during which the state liquor stores shall be kept open for the
sale of liquor;
(f) providing for the issuing and distributing of price lists
showing the price to be paid by purchasers for each variety of
liquor kept for sale under this title;
(g) prescribing an official seal and official labels and
stamps and determining the manner in which they shall be
attached to every package of liquor sold or sealed under this
title, including the prescribing of different official seals or
different official labels for different classes of liquor;
(h) providing for the payment by the board in whole or in
part of the carrying charges on liquor shipped by freight or
express;
(i) prescribing forms to be used for purposes of this title
or the regulations, and the terms and conditions to be contained in permits and licenses issued under this title, and the
qualifications for receiving a permit or license issued under
(2004 Ed.)
66.08.030
this title, including a criminal history record information
check. The board may submit the criminal history record
information check to the Washington state patrol and to the
identification division of the federal bureau of investigation
in order that these agencies may search their records for prior
arrests and convictions of the individual or individuals who
filled out the forms. The board shall require fingerprinting of
any applicant whose criminal history record information
check is submitted to the federal bureau of investigation;
(j) prescribing the fees payable in respect of permits and
licenses issued under this title for which no fees are prescribed in this title, and prescribing the fees for anything done
or permitted to be done under the regulations;
(k) prescribing the kinds and quantities of liquor which
may be kept on hand by the holder of a special permit for the
purposes named in the permit, regulating the manner in
which the same shall be kept and disposed of, and providing
for the inspection of the same at any time at the instance of
the board;
(l) regulating the sale of liquor kept by the holders of
licenses which entitle the holder to purchase and keep liquor
for sale;
(m) prescribing the records of purchases or sales of
liquor kept by the holders of licenses, and the reports to be
made thereon to the board, and providing for inspection of
the records so kept;
(n) prescribing the kinds and quantities of liquor for
which a prescription may be given, and the number of prescriptions which may be given to the same patient within a
stated period;
(o) prescribing the manner of giving and serving notices
required by this title or the regulations, where not otherwise
provided for in this title;
(p) regulating premises in which liquor is kept for export
from the state, or from which liquor is exported, prescribing
the books and records to be kept therein and the reports to be
made thereon to the board, and providing for the inspection
of the premises and the books, records and the liquor so kept;
(q) prescribing the conditions and qualifications requisite for the obtaining of club licenses and the books and
records to be kept and the returns to be made by clubs, prescribing the manner of licensing clubs in any municipality or
other locality, and providing for the inspection of clubs;
(r) prescribing the conditions, accommodations and
qualifications requisite for the obtaining of licenses to sell
beer and wines, and regulating the sale of beer and wines
thereunder;
(s) specifying and regulating the time and periods when,
and the manner, methods and means by which manufacturers
shall deliver liquor within the state; and the time and periods
when, and the manner, methods and means by which liquor
may lawfully be conveyed or carried within the state;
(t) providing for the making of returns by brewers of
their sales of beer shipped within the state, or from the state,
showing the gross amount of such sales and providing for the
inspection of brewers' books and records, and for the checking of the accuracy of any such returns;
(u) providing for the making of returns by the wholesalers of beer whose breweries are located beyond the boundaries of the state;
[Title 66 RCW—page 7]
66.08.050
Title 66 RCW: Alcoholic Beverage Control
(v) providing for the making of returns by any other
liquor manufacturers, showing the gross amount of liquor
produced or purchased, the amount sold within and exported
from the state, and to whom so sold or exported, and providing for the inspection of the premises of any such liquor manufacturers, their books and records, and for the checking of
any such return;
(w) providing for the giving of fidelity bonds by any or
all of the employees of the board: PROVIDED, That the premiums therefor shall be paid by the board;
(x) providing for the shipment by mail or common carrier of liquor to any person holding a permit and residing in
any unit which has, by election pursuant to this title, prohibited the sale of liquor therein;
(y) prescribing methods of manufacture, conditions of
sanitation, standards of ingredients, quality and identity of
alcoholic beverages manufactured, sold, bottled, or handled
by licensees and the board; and conducting from time to time,
in the interest of the public health and general welfare, scientific studies and research relating to alcoholic beverages and
the use and effect thereof;
(z) seizing, confiscating and destroying all alcoholic
beverages manufactured, sold or offered for sale within this
state which do not conform in all respects to the standards
prescribed by this title or the regulations of the board: PROVIDED, Nothing herein contained shall be construed as
authorizing the liquor board to prescribe, alter, limit or in any
way change the present law as to the quantity or percentage
of alcohol used in the manufacturing of wine or other alcoholic beverages. [2002 c 119 § 2; 1977 ex.s. c 115 § 1; 1971
c 62 § 1; 1943 c 102 § 1; 1933 ex.s. c 62 § 79; RRS §
7306-79. Formerly RCW 66.08.030 and 66.08.040.]
66.08.050
66.08.050 Powers of board in general. The board,
subject to the provisions of this title and the rules, shall:
(1) Determine the localities within which state liquor
stores shall be established throughout the state, and the number and situation of the stores within each locality;
(2) Appoint in cities and towns and other communities,
in which no state liquor store is located, liquor vendors. In
addition, the board may appoint, in its discretion, a manufacturer that also manufactures liquor products other than wine
under a license under this title, as a vendor for the purpose of
sale of liquor products of its own manufacture on the licensed
premises only. Such liquor vendors shall be agents of the
board and be authorized to sell liquor to such persons, firms
or corporations as provided for the sale of liquor from a state
liquor store, and such vendors shall be subject to such additional rules and regulations consistent with this title as the
board may require;
(3) Establish all necessary warehouses for the storing
and bottling, diluting and rectifying of stocks of liquors for
the purposes of this title;
(4) Provide for the leasing for periods not to exceed ten
years of all premises required for the conduct of the business;
and for remodeling the same, and the procuring of their furnishings, fixtures, and supplies; and for obtaining options of
renewal of such leases by the lessee. The terms of such leases
in all other respects shall be subject to the direction of the
board;
[Title 66 RCW—page 8]
(5) Determine the nature, form and capacity of all packages to be used for containing liquor kept for sale under this
title;
(6) Execute or cause to be executed, all contracts, papers,
and documents in the name of the board, under such regulations as the board may fix;
(7) Pay all customs, duties, excises, charges and obligations whatsoever relating to the business of the board;
(8) Require bonds from all employees in the discretion of
the board, and to determine the amount of fidelity bond of
each such employee;
(9) Perform services for the state lottery commission to
such extent, and for such compensation, as may be mutually
agreed upon between the board and the commission;
(10) Accept and deposit into the general fund-local
account and disburse, subject to appropriation, federal grants
or other funds or donations from any source for the purpose
of improving public awareness of the health risks associated
with alcohol consumption by youth and the abuse of alcohol
by adults in Washington state. The board's alcohol awareness
program shall cooperate with federal and state agencies,
interested organizations, and individuals to effect an active
public beverage alcohol awareness program;
(11) Perform all other matters and things, whether similar to the foregoing or not, to carry out the provisions of this
title, and shall have full power to do each and every act necessary to the conduct of its business, including all buying,
selling, preparation and approval of forms, and every other
function of the business whatsoever, subject only to audit by
the state auditor: PROVIDED, That the board shall have no
authority to regulate the content of spoken language on
licensed premises where wine and other liquors are served
and where there is not a clear and present danger of disorderly conduct being provoked by such language. [1997 c 228
§ 1; 1993 c 25 § 1; 1986 c 214 § 2; 1983 c 160 § 1; 1975 1st
ex.s. c 173 § 1; 1969 ex.s. c 178 § 1; 1963 c 239 § 3; 1935 c
174 § 10; 1933 ex.s. c 62 § 69; RRS § 7306-69.]
Severability—1975 1st ex.s. c 173: "If any phrase, clause, subsection,
or section of this 1975 amendatory act shall be declared unconstitutional or
invalid by any court of competent jurisdiction, it shall be conclusively presumed that the legislature would have enacted this 1975 amendatory act
without the phrase, clause, subsection, or section so held unconstitutional or
invalid and the remainder of the act shall not be affected as a result of said
part being held unconstitutional or invalid." [1975 1st ex.s. c 173 § 13.]
Effective date—1975 1st ex.s. c 173: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 173 § 14.]
Severability—1963 c 239: See note following RCW 66.08.026.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
66.08.0501
66.08.0501 Adoption of rules. The liquor control
board may adopt appropriate rules pursuant to chapter 34.05
RCW for the purpose of carrying out the provisions of chapter 321, Laws of 1997. [1997 c 321 § 56.]
Effective date—1997 c 321: See note following RCW 66.24.010.
66.08.055
66.08.055 Oaths may be administered and affidavits,
declarations received. Every member of the board, and
every employee authorized by the board to issue permits
under this title may administer any oath and take and receive
(2004 Ed.)
Liquor Control Board—General Provisions
any affidavit or declaration required under this title or the
regulations. [1933 ex.s. c 62 § 80; RRS § 7306-80. Formerly
RCW 43.66.050.]
66.08.130
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.08.060
66.08.060 Board cannot advertise liquor—Advertising regulations. The board shall not advertise liquor in any
form or through any medium whatsoever. The board shall
have power to adopt any and all reasonable regulations as to
the kind, character and location of advertising of liquor.
[1933 ex.s. c 62 § 43; RRS § 7306-43.]
66.08.090 Sale of liquor by employees of board. No
employee shall sell liquor in any other place, nor at any other
time, nor otherwise than as authorized by the board under this
title and the regulations. [1933 ex.s. c 62 § 31; RRS § 730631.]
66.08.090
66.08.095 Liquor for training or investigation purposes. The liquor control board may provide liquor at no
charge, including liquor forfeited under chapter 66.32 RCW,
to recognized law enforcement agencies within the state
when the law enforcement agency will be using the liquor for
bona fide law enforcement training or investigation purposes.
[1993 c 26 § 3.]
66.08.095
66.08.070
66.08.070 Purchase of liquor by board—Consignment not prohibited—Warranty or affirmation not
required for wine or malt purchases. (1) Every order for
the purchase of liquor shall be authorized by the board, and
no order for liquor shall be valid or binding unless it is so
authorized and signed by the board or its authorized designee.
(2) A duplicate of every such order shall be kept on file
in the office of the board.
(3) All cancellations of such orders made by the board
shall be signed in the same manner and duplicates thereof
kept on file in the office of the board. Nothing in this title
shall be construed as preventing the board from accepting
liquor on consignment.
(4) In the purchase of wine or malt beverages the board
shall not require, as a term or condition of purchase, any warranty or affirmation with respect to the relationship of the
price charged the board to any price charged any other buyer.
[1985 c 226 § 2; 1973 1st ex.s. c 209 § 1; 1933 ex.s. c 62 § 67;
RRS § 7306-67.]
Severability—1973 1st ex.s. c 209: "If any phrase, clause, subsection
or section of this 1973 amendatory act shall be declared unconstitutional or
invalid by any court of competent jurisdiction, it shall be conclusively presumed that the legislature would have enacted this 1973 amendatory act
without the phrase, clause, subsection or section so held unconstitutional or
invalid and the remainder of the act shall not be affected as a result of said
part being held unconstitutional or invalid." [1973 1st ex.s. c 209 § 21.]
Effective date—1973 1st ex.s. c 209: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1973." [1973 1st ex.s. c 209 § 22.]
66.08.075
66.08.075 Officer, employee not to represent manufacturer, wholesaler in sale to board. No official or
employee of the liquor control board of the state of Washington shall, during his term of office or employment, or for a
period of two years immediately following the termination
thereof, represent directly or indirectly any manufacturer or
wholesaler of liquor in the sale of liquor to the board. [1937
c 217 § 5 (adding new section 42-A to 1933 ex.s. c 62); RRS
§ 7306-42A. Formerly RCW 43.66.040.]
66.08.080
66.08.080 Interest in manufacture or sale of liquor
prohibited. Except as provided by chapter 42.52 RCW, no
member of the board and no employee of the board shall have
any interest, directly or indirectly, in the manufacture of
liquor or in any liquor sold under this title, or derive any
profit or remuneration from the sale of liquor, other than the
salary or wages payable to him in respect of his office or position, and shall receive no gratuity from any person in connection with such business. [1994 c 154 § 313; 1981 1st ex.s. c
5 § 3; 1933 ex.s. c 62 § 68; RRS § 7306-68.]
(2004 Ed.)
66.08.100
66.08.100 Jurisdiction of action against board—
Immunity from personal liability of members. No court of
the state of Washington other than the superior court of Thurston county shall have jurisdiction over any action or proceeding against the board or any member thereof for anything
done or omitted to be done in or arising out of the performance of his or their duties under this title. Neither the board
nor any member or members thereof shall be personally liable in any action at law for damages sustained by any person
because of any acts performed or done or omitted to be done
by the board or any employee of the board in the performance
of his duties and in the administration of this title. [1935 c
174 § 9 (adding new section 62-A to 1933 ex.s. c 62); RRS §
7306-62A. Formerly RCW 66.08.100 and 66.08.110.]
66.08.120 Preemption of field by state—Exception.
No municipality or county shall have power to license the
sale of, or impose an excise tax upon, liquor as defined in this
title, or to license the sale or distribution thereof in any manner; and any power now conferred by law on any municipality or county to license premises which may be licensed
under this section, or to impose an excise tax upon liquor, or
to license the sale and distribution thereof, as defined in this
title, shall be suspended and shall be of no further effect:
PROVIDED, That municipalities and counties shall have
power to adopt police ordinances and regulations not in conflict with this title or with the regulations made by the board.
[1933 ex.s. c 62 § 29; RRS § 7306-29.]
66.08.120
66.08.130 Inspection of books and records—Goods
possessed or shipped—Refusal as violation. For the purpose of obtaining information concerning any matter relating
to the administration or enforcement of this title, the board, or
any person appointed by it in writing for the purpose, may
inspect the books and records of
(1) any manufacturer;
(2) any license holder;
(3) any drug store holding a permit to sell on prescriptions;
(4) the freight and express books and records and all
waybills, bills of lading, receipts and documents in the possession of any common carrier doing business within the
66.08.130
[Title 66 RCW—page 9]
66.08.140
Title 66 RCW: Alcoholic Beverage Control
state, containing any information or record relating to any
goods shipped or carried, or consigned or received for shipment or carriage within the state. Every manufacturer, license
holder, drug store holding a permit to sell on prescriptions,
and common carrier, and every owner or officer or employee
of the foregoing, who neglects or refuses to produce and submit for inspection any book, record or document referred to
in this section when requested to do so by the board or by a
person so appointed by it shall be guilty of a violation of this
title. [1981 1st ex.s. c 5 § 4; 1933 ex.s. c 62 § 56; RRS §
7306-56.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.08.140 Inspection of books and records—Financial dealings—Penalty for refusal. For the purpose of
obtaining information concerning any matter relating to the
administration or enforcement of this title, the board, or any
person appointed by it in writing for the purpose, may inspect
the books, documents and records of any person lending
money to or in any manner financing any license, holder or
applicant for license insofar as such books, documents and/or
records pertain to the financial transaction involved. Every
person who neglects or refuses to produce and submit for
inspection any book, record or document as required by this
section when requested to do so by the board or by a person
duly appointed by it shall be guilty of a violation of this title.
[1945 c 48 § 1 (adding new section 56-A to 1933 ex.s. c 62);
RRS § 7306-56A.]
66.08.140
66.08.150 Board's action as to permits and licenses—
Administrative procedure act, applicability—Adjudicative proceeding—Opportunity for hearing—Summary
suspension. The action, order, or decision of the board as to
any denial of an application for the reissuance of a permit or
license or as to any revocation, suspension, or modification
of any permit or license shall be an adjudicative proceeding
and subject to the applicable provisions of chapter 34.05
RCW.
(1) An opportunity for a hearing may be provided an
applicant for the reissuance of a permit or license prior to the
disposition of the application, and if no such opportunity for
a prior hearing is provided then an opportunity for a hearing
to reconsider the application must be provided the applicant.
(2) An opportunity for a hearing must be provided a permittee or licensee prior to a revocation or modification of any
permit or license and, except as provided in subsection (4) of
this section, prior to the suspension of any permit or license.
(3) No hearing shall be required until demanded by the
applicant, permittee, or licensee.
(4) The board may summarily suspend a license or permit for a period of up to one hundred eighty days without a
prior hearing if it finds that public health, safety, or welfare
imperatively require emergency action, and incorporates a
finding to that effect in its order; and proceedings for revocation or other action must be promptly instituted and determined. The board's enforcement division shall complete a
preliminary staff investigation of the violation before
requesting an emergency suspension by the board. [2003 c
320 § 1; 1989 c 175 § 122; 1967 c 237 § 23; 1933 ex.s. c 62
§ 62; RRS § 7306-62.]
66.08.150
[Title 66 RCW—page 10]
Effective date—1989 c 175: See note following RCW 34.05.010.
66.08.160
66.08.160 Acquisition of warehouse authorized. The
Washington state liquor board and the state finance committee are hereby authorized to lease or purchase or acquire a site
and erect a warehouse building in the city of Seattle, and for
that purpose may borrow money and may issue bonds in an
amount not to exceed one million five hundred thousand dollars to be amortized from liquor revenues over a period of not
to exceed ten years. [1947 c 134 § 1; No RRS.]
66.08.170
66.08.170 Liquor revolving fund—Creation—Composition—State treasurer as custodian—Daily deposits,
exceptions—Budget and accounting act applicable. There
shall be a fund, known as the "liquor revolving fund", which
shall consist of all license fees, permit fees, penalties, forfeitures, and all other moneys, income, or revenue received by
the board. The state treasurer shall be custodian of the fund.
All moneys received by the board or any employee thereof,
except for change funds and an amount of petty cash as fixed
by the board within the authority of law shall be deposited
each day in a depository approved by the state treasurer and
transferred to the state treasurer to be credited to the liquor
revolving fund. During the 2001-2003 fiscal biennium, the
legislature may transfer from the liquor revolving account to
the state general fund such amounts as reflect the excess fund
balance of the fund and reductions made by the 2002 supplemental appropriations act for administrative efficiencies and
savings. Disbursements from the revolving fund shall be on
authorization of the board or a duly authorized representative
thereof. In order to maintain an effective expenditure and revenue control the liquor revolving fund shall be subject in all
respects to chapter 43.88 RCW but no appropriation shall be
required to permit expenditures and payment of obligations
from such fund. [2002 c 371 § 917; 1961 ex.s. c 6 § 1; 1933
ex.s. c 62 § 73; RRS § 7306-73. Formerly RCW 43.66.060.]
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Transfer of liquor revolving fund to state treasurer—Outstanding
obligations: "On June 30, 1961, the Washington state liquor control board
shall deliver and transfer to the state treasurer, as custodian, all moneys and
accounts which comprise the liquor revolving fund, except change funds and
petty cash, and the state treasurer shall assume custody thereof. All obligations outstanding as of June 30, 1961 shall be paid out of the liquor revolving
fund." [1961 ex.s. c 6 § 5.]
Effective date—1961 ex.s. c 6: "This act shall take effect on June 30,
1961." [1961 ex.s. c 6 § 7.]
66.08.180
66.08.180 Liquor revolving fund—Distribution—
Reserve for administration—Disbursement to universities and state agencies. Except as provided in RCW
66.24.290(1), moneys in the liquor revolving fund shall be
distributed by the board at least once every three months in
accordance with RCW 66.08.190, 66.08.200 and 66.08.210:
PROVIDED, That the board shall reserve from distribution
such amount not exceeding five hundred thousand dollars as
may be necessary for the proper administration of this title.
(1) All license fees, penalties and forfeitures derived
under chapter 13, Laws of 1935 from spirits, beer, and wine
restaurant; spirits, beer, and wine private club; and sports
entertainment facility licenses or spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports enter(2004 Ed.)
Liquor Control Board—General Provisions
tainment facility licensees shall every three months be disbursed by the board as follows:
(a) Three hundred thousand dollars per biennium, to the
death investigations account for the state toxicology program
pursuant to RCW 68.50.107; and
(b) Of the remaining funds:
(i) 6.06 percent to the University of Washington and 4.04
percent to Washington State University for alcoholism and
drug abuse research and for the dissemination of such
research; and
(ii) 89.9 percent to the general fund to be used by the
department of social and health services solely to carry out
the purposes of RCW 70.96A.050;
(2) The first fifty-five dollars per license fee provided in
RCW 66.24.320 and 66.24.330 up to a maximum of one hundred fifty thousand dollars annually shall be disbursed every
three months by the board to the general fund to be used for
juvenile alcohol and drug prevention programs for kindergarten through third grade to be administered by the superintendent of public instruction;
(3) Twenty percent of the remaining total amount
derived from license fees pursuant to RCW 66.24.320,
66.24.330, 66.24.350, and 66.24.360, shall be transferred to
the general fund to be used by the department of social and
health services solely to carry out the purposes of RCW
70.96A.050; and
(4) One-fourth cent per liter of the tax imposed by RCW
66.24.210 shall every three months be disbursed by the board
to Washington State University solely for wine and wine
grape research, extension programs related to wine and wine
grape research, and resident instruction in both wine grape
production and the processing aspects of the wine industry in
accordance with RCW 28B.30.068. The director of financial
management shall prescribe suitable accounting procedures
to ensure that the funds transferred to the general fund to be
used by the department of social and health services and
appropriated are separately accounted for. [2000 c 192 § 1.
Prior: 1999 c 281 § 1; 1999 c 40 § 7; prior: 1997 c 451 § 3;
1997 c 321 § 57; 1995 c 398 § 16; 1987 c 458 § 10; 1986 c 87
§ 1; 1981 1st ex.s. c 5 § 6; 1979 c 151 § 166; 1967 ex.s. c 75
§ 1; 1965 ex.s. c 143 § 2; 1949 c 5 § 10; 1935 c 13 § 2; 1933
ex.s. c 62 § 77; Rem. Supp. 1949 § 7306-77. Formerly RCW
43.66.080.]
Effective date—1999 c 40: See note following RCW 43.103.010.
Effective date—1997 c 451: See note following RCW 66.24.290.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—1987 c 458: See note following RCW 48.21.160.
Effective date—1986 c 87: "This act shall take effect July 1, 1987."
[1986 c 87 § 3.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1967 ex.s. c 75: "The effective date of this 1967 amendatory act is July 1, 1967." [1967 ex.s. c 75 § 8.]
Severability—1949 c 5: See RCW 66.98.080.
Distribution for state toxicological lab: RCW 68.50.107.
Wine grape industry, instruction relating to—Purpose—Administration:
RCW 28B.30.067 and 28B.30.068.
66.08.190
66.08.190 Liquor revolving fund—Disbursement of
excess funds to state, counties, and cities—Withholding of
funds for noncompliance. (1) Except for revenues gener(2004 Ed.)
66.08.195
ated by the 2003 surcharge of $0.42/liter on retail sales of
spirits that shall be distributed to the state general fund during
the 2003-2005 biennium, when excess funds are distributed,
all moneys subject to distribution shall be disbursed as follows:
(a) Three-tenths of one percent to border areas under
RCW 66.08.195; and
(b) From the amount remaining after distribution under
(a) of this subsection, (i) fifty percent to the general fund of
the state, (ii) ten percent to the counties of the state, and (iii)
forty percent to the incorporated cities and towns of the state.
(2) During the months of June, September, December,
and March of each year, prior to disbursing the distribution to
incorporated cities and towns under subsection (1)(b) of this
section, the treasurer shall deduct from that distribution an
amount that will fund that quarter's allotments under RCW
43.88.110 from any legislative appropriation from the city
and town research services account. The treasurer shall
deposit the amount deducted into the city and town research
services account.
(3) The governor may notify and direct the state treasurer
to withhold the revenues to which the counties and cities are
entitled under this section if the counties or cities are found to
be in noncompliance pursuant to RCW 36.70A.340. [2003
1st sp.s. c 25 § 927; 2002 c 38 § 2; 2000 c 227 § 2; 1995 c 159
§ 1; 1991 sp.s. c 32 § 34; 1988 c 229 § 4; 1957 c 175 § 6.
Prior: 1955 c 109 § 2; 1949 c 187 § 1, part; 1939 c 173 § 1,
part; 1937 c 62 § 2, part; 1935 c 80 § 1, part; 1933 ex.s. c 62
§ 78, part; Rem. Supp. 1949 § 7306-78, part. Formerly RCW
43.66.090.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective date—2000 c 227: See note following RCW 43.110.060.
Effective date—1995 c 159: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 159 § 6.]
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Finding—1988 c 229: "The legislature finds and declares that certain
counties and municipalities near international borders are subjected to a constant volume and flow of travelers and visitors for whom local government
services must be provided. The legislature further finds that it is in the public
interest and for the protection of the health, property, and welfare of the residents and visitors to provide supplemental resources to augment and maintain existing levels of police protection in such areas and to alleviate the
impact of such added burdens." [1988 c 229 § 2.]
Effective date—1988 c 229 §§ 2-4: "Sections 2 through 4 of this act
shall take effect July 1, 1989." [1988 c 229 § 5.]
66.08.195
66.08.195 Liquor revolving fund—Definition of
terms relating to border areas. For the purposes of this
chapter:
(1) "Border area" means any incorporated city or town,
or unincorporated area, located within seven miles of the
Washington-Canadian border or any unincorporated area that
is a point of land surrounded on three sides by saltwater and
adjacent to the Canadian border.
(2) "Border area per-capita law-enforcement spending"
equals total per capita expenditures in a border area on: Law
enforcement operating costs, court costs, law enforcementrelated insurance, and detention expenses, minus funds allocated to a border area under RCW 66.08.190 and 66.08.196.
[Title 66 RCW—page 11]
66.08.196
Title 66 RCW: Alcoholic Beverage Control
(3) "Border-crossing traffic total" means the number of
vehicles, vessels, and aircraft crossing into the United States
through a United States customs service border crossing that
enter into the border area during a federal fiscal year, using
border crossing statistics and criteria included in guidelines
adopted by the department of community, trade, and economic development.
(4) "Border-related crime statistic" means the sum of
infractions and citations issued, and arrests of persons permanently residing outside Washington state in a border area during a calendar year. [2001 c 8 § 1; 1995 c 159 § 2; 1988 c 229
§ 3.]
Effective date—1995 c 159: See note following RCW 66.08.190.
Finding—Effective date—1988 c 229: See notes following RCW
66.08.190.
porated area" means all that portion of any county not
included within the limits of incorporated cities and towns.
When a special county census has been conducted for the
purpose of determining the population base of a county's
unincorporated area for use in the distribution of liquor funds,
the census figure shall become effective for the purpose of
distributing funds as of the official census date once the census results have been certified by the office of financial management and officially submitted to the office of the secretary
of state. [1979 c 151 § 167; 1977 ex.s. c 110 § 2; 1957 c 175
§ 7. Prior: 1955 c 109 § 3; 1949 c 187 § 1, part; 1939 c 173 §
1, part; 1937 c 62 § 2, part; 1935 c 80 § 1, part; 1933 ex.s. c
62 § 78, part; Rem. Supp. 1949 § 7306-78, part. Formerly
RCW 43.66.100.]
Population determinations, office of financial management: Chapter 43.62
RCW.
66.08.196
66.08.196 Liquor revolving fund—Distribution of
funds to border areas. Distribution of funds to border areas
under RCW 66.08.190 and 66.24.290 (1)(a) and (4) shall be
as follows:
(1) Sixty-five percent of the funds shall be distributed to
border areas ratably based on border area traffic totals;
(2) Twenty-five percent of the funds shall be distributed
to border areas ratably based on border-related crime statistics; and
(3) Ten percent of the funds shall be distributed to border
areas ratably based upon border area per capita law enforcement spending.
Distributions to an unincorporated area shall be made to
the county in which such an area is located and may only be
spent on services provided to that area. [2001 c 8 § 2; 1997 c
451 § 4; 1995 c 159 § 3.]
66.08.210
Effective date—1997 c 451: See note following RCW 66.24.290.
66.08.210 Liquor revolving fund—Computation for
distribution to cities. With respect to the forty percent share
coming to the incorporated cities and towns, the computations for distribution shall be made by the state agency
responsible for collecting the same as follows:
The share coming to each eligible city or town shall be
determined by a division among the eligible cities and towns
within the state ratably on the basis of population as last
determined by the office of financial management: AND
PROVIDED, That no city or town in which the sale of liquor
is forbidden as the result of an election shall be entitled to any
share in such distribution. [1979 c 151 § 168; 1977 ex.s. c
110 § 3; 1957 c 175 § 8. Prior: 1949 c 187 § 1, part; 1939 c
173 § 1, part; 1937 c 62 § 2, part; 1935 c 80 § 1, part; 1933
ex.s. c 62 § 78, part; Rem. Supp. 1949 § 7306-78, part. Formerly RCW 43.66.110.]
Effective date—1995 c 159: See note following RCW 66.08.190.
Allocation of state funds on population basis: RCW 43.62.020, 43.62.030.
Determining population of territory annexed to city: RCW 35.13.260.
66.08.198
66.08.198 Liquor revolving fund—Distribution of
funds to border areas—Guidelines adoption. The department of community, trade, and economic development shall
develop guidelines to determine the figures used under the
three distribution factors defined in RCW 66.08.195. At the
request of any border community, the department may review
these guidelines once every three years. [1995 c 159 § 4.]
Effective date—1995 c 159: See note following RCW 66.08.190.
66.08.200
66.08.200 Liquor revolving fund—Computation for
distribution to counties—"Unincorporated area"
defined. With respect to the ten percent share coming to the
counties, the computations for distribution shall be made by
the state agency responsible for collecting the same as follows:
The share coming to each eligible county shall be determined by a division among the eligible counties according to
the relation which the population of the unincorporated area
of such eligible county, as last determined by the office of
financial management, bears to the population of the total
combined unincorporated areas of all eligible counties, as
determined by the office of financial management: PROVIDED, That no county in which the sale of liquor is forbidden in the unincorporated area thereof as the result of an election shall be entitled to share in such distribution. "Unincor[Title 66 RCW—page 12]
66.08.220
66.08.220 Liquor revolving fund—Separate
account—Distribution. The board shall set aside in a separate account in the liquor revolving fund an amount equal to
ten percent of its gross sales of liquor to spirits, beer, and
wine restaurant; spirits, beer, and wine private club; and
sports entertainment facility licensees collected from these
licensees pursuant to the provisions of RCW 82.08.150, less
the fifteen percent discount provided for in RCW 66.24.440;
and the moneys in said separate account shall be distributed
in accordance with the provisions of RCW 66.08.190,
66.08.200 and 66.08.210: PROVIDED, HOWEVER, That
no election unit in which the sale of liquor under spirits, beer,
and wine restaurant; spirits, beer, and wine private club; and
sports entertainment facility licenses is unlawful shall be
entitled to share in the distribution of moneys from such separate account. [1999 c 281 § 2; 1949 c 5 § 11 (adding new
section 78-A to 1933 ex.s. c 62); Rem. Supp. 1949 §
7306-78A. Formerly RCW 43.66.130.]
Severability—1949 c 5: See RCW 66.98.080.
66.08.230
66.08.230 Initial disbursement to wine commission—
Repayment. To provide for the operation of the wine commission prior to its first quarterly disbursement, the liquor
control board shall, on July 1, 1987, disburse one hundred ten
(2004 Ed.)
Exemptions
66.12.070
thousand dollars to the wine commission. However, such disbursement shall be repaid to the liquor control board by a
reduction from the quarterly disbursements to the wine commission under RCW 66.24.210 of twenty-seven thousand
five hundred dollars each quarter until such amount is repaid.
These funds shall be used to establish the Washington wine
commission and the other purposes delineated in chapter
15.88 RCW. [1987 c 452 § 12.]
66.12.150
Construction—Effective dates—Severability—1987 c 452: See
RCW 15.88.900 through 15.88.902.
66.12.220
66.12.160
66.12.170
66.12.180
66.12.190
66.12.200
66.12.210
Beer or wine offered by hospital or nursing home for consumption on the premises.
Manufacture or sale of confections or food containing liquor.
Obtaining liquor for manufacturing confections or food products.
Donations to and use of wine by Washington wine commission.
Wine shipments from out of state—Limitations.
Out-of-state wine shipments—Labeling.
Wine shipments from out of state from unlicensed shipper—
Penalties.
Out-of-state wine shipper's license—Revocation.
66.12.010
66.08.235
66.08.235 Liquor control board construction and
maintenance account. The liquor control board construction and maintenance account is created within the state treasury. The liquor control board shall deposit into this account
a portion of the board's markup, as authorized by chapter
66.16 RCW, placed upon liquor as determined by the board.
Moneys in the account may be spent only after appropriation.
The liquor control board shall use deposits to this account to
fund construction and maintenance of a centralized distribution center for liquor products intended for sale through the
board's liquor store and vendor system. During the 20012003 fiscal biennium, the legislature may transfer from the
liquor control board construction and maintenance account to
the state general fund such amounts as reflect the appropriations reductions made by the 2002 supplemental appropriations act for administrative efficiencies and savings. [2002 c
371 § 918; 1997 c 75 § 1.]
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Effective date—1997 c 75: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 19, 1997]." [1997 c 75 § 3.]
66.08.240
66.08.240 Transfer of funds pursuant to government
service agreement. Funds that are distributed to counties,
cities, or towns pursuant to this chapter may be transferred by
the recipient county, city, or town to another unit of government pursuant to a government service agreement as provided in RCW 36.115.040 and 36.115.050. [1994 c 266 §
10.]
Chapter 66.12
Chapter 66.12 RCW
EXEMPTIONS
Sections
66.12.010
66.12.020
66.12.030
66.12.060
66.12.070
66.12.110
66.12.120
66.12.125
66.12.130
66.12.140
(2004 Ed.)
Wine or beer manufactured for home use.
Sales of liquor to board.
Licensed manufacturers not prevented from storing liquor—
Transshipment in interstate, foreign commerce—Interstate,
foreign transactions protected.
Pharmaceutical preparations, patent medicines, denatured
alcohol.
Medicinal, culinary, and toilet preparations not usable as beverages—Sample and analysis—Clearly labeled.
Duty-free alcoholic beverages for personal use.
Bringing alcoholic beverages into state from another state—
Payment of markup and tax.
Alcohol for use as fuel—Legislative finding and declaration.
Alcohol for use as fuel in motor vehicles, farm implements,
machines, etc., or in combination with other petroleum products for use as fuel.
Use of alcoholic beverages in culinary, restaurant, or food fermentation courses.
66.12.010 Wine or beer manufactured for home use.
Nothing in this title other than RCW 66.28.140, applies to
wine or beer manufactured in any home for consumption
therein, and not for sale. [1981 c 255 § 1; 1955 c 39 § 1; 1933
ex.s. c 62 § 32; RRS § 7306-32.]
66.12.020
66.12.020 Sales of liquor to board. Nothing in this title
shall apply to or prevent the sale of liquor by any person to
the board. [1933 ex.s. c 62 § 48; RRS § 7306-48.]
66.12.030
66.12.030 Licensed manufacturers not prevented
from storing liquor—Transshipment in interstate, foreign commerce—Interstate, foreign transactions protected. (1) Nothing in this title shall prevent any person
licensed to manufacture liquor from keeping liquor in his
warehouse or place of business.
(2) Nothing in this title shall prevent the transshipment
of liquor in interstate and foreign commerce; but no person
shall import liquor into the state from any other state or country, except, as herein otherwise provided, for use or sale in the
state, except the board.
(3) Every provision of this title which may affect transactions in liquor between a person in this state and a person in
another state or in a foreign country shall be construed to
affect such transactions so far only as the legislature has
power to make laws in relation thereto. [1933 ex.s. c 62 § 49;
RRS § 7306-49. Formerly RCW 66.12.030, 66.12.040, and
66.12.050.]
66.12.060
66.12.060 Pharmaceutical preparations, patent medicines, denatured alcohol. Nothing in this title shall apply to
or prevent the sale, purchase or consumption
(1) of any pharmaceutical preparation containing liquor
which is prepared by a druggist according to a formula of the
pharmacopoeia of the United States, or the dispensatory of
the United States; or
(2) of any proprietary or patent medicine; or
(3) of wood alcohol or denatured alcohol, except in the
case of the sale, purchase, or consumption of wood alcohol or
denatured alcohol for beverage purposes, either alone or
combined with any other liquid or substance. [1933 ex.s. c 62
§ 50; RRS § 7306-50.]
66.12.070
66.12.070 Medicinal, culinary, and toilet preparations not usable as beverages—Sample and analysis—
Clearly labeled. (1) Where a medicinal preparation contains
liquor as one of the necessary ingredients thereof, and also
contains sufficient medication to prevent its use as an alcoholic beverage, nothing in this title shall apply to or prevent
its composition or sale by a druggist when compounded from
[Title 66 RCW—page 13]
66.12.110
Title 66 RCW: Alcoholic Beverage Control
liquor purchased by the druggist under a special permit held
by him, nor apply to or prevent the purchase or consumption
of the preparation by any person for strictly medicinal purposes.
(2) Where a toilet or culinary preparation, that is to say,
any perfume, lotion, or flavoring extract or essence, or
dietary supplement as defined by the federal food and drug
administration, contains liquor and also contains sufficient
ingredient or medication to prevent its use as a beverage,
nothing in this title shall apply to or prevent the sale or purchase of that preparation by any druggist or other person who
manufactures or deals in the preparation, nor apply to or prevent the purchase or consumption of the preparation by any
person who purchases or consumes it for any toilet or culinary purpose.
(3) In order to determine whether any particular medicinal, toilet, dietary supplement, or culinary preparation
referred to in this section contains sufficient ingredient or
medication to prevent its use as an alcoholic beverage, the
board may cause a sample of the preparation, purchased or
obtained from any person whomsoever, to be analyzed by an
analyst appointed or designated by the board; and if it appears
from a certificate signed by the analyst that he finds the sample so analyzed by him did not contain sufficient ingredient
or medication to prevent its use as an alcoholic beverage, the
certificate shall be conclusive evidence that the preparation,
the sample of which was so analyzed, is not a preparation the
sale or purchase of which is permitted by this section.
(4) Dietary supplements that contain more than one-half
of one percent alcohol which are prepared and sold under this
section shall be clearly labeled and the ingredients listed on
the label in accordance with the provisions of the federal
food, drug, and cosmetics act (21 U.S.C. Sec. 321) as now or
hereafter amended. [1999 c 88 § 1; 1933 ex.s. c 62 § 51; RRS
§ 7306-51. Formerly RCW 66.12.070, 66.12.080, and
66.12.090.]
66.12.110 Duty-free alcoholic beverages for personal
use. A person twenty-one years of age or over may bring into
the state from without the United States, free of tax and
markup, for his personal or household use such alcoholic
beverages as have been declared and permitted to enter the
United States duty free under federal law.
Such entry of alcoholic beverages in excess of that
herein provided may be authorized by the board upon payment of an equivalent markup and tax as would be applicable
to the purchase of the same or similar liquor at retail from a
Washington state liquor store. The board shall adopt appropriate regulations pursuant to chapter 34.05 RCW for the purpose of carrying out the provisions of this section. The board
may issue a spirits, beer, and wine private club license to a
charitable or nonprofit corporation of the state of Washington, the majority of the officers and directors of which are
United States citizens and the minority of the officers and
directors of which are citizens of the Dominion of Canada,
and where the location of the premises for such spirits, beer,
and wine private club license is not more than ten miles south
of the border between the United States and the province of
British Columbia. [1999 c 281 § 3; 1975-'76 2nd ex.s. c 20 §
1. Prior: 1975 1st ex.s. c 256 § 1; 1975 1st ex.s. c 173 § 2;
1967 c 38 § 1.]
66.12.110
[Title 66 RCW—page 14]
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
66.12.120
66.12.120 Bringing alcoholic beverages into state
from another state—Payment of markup and tax. Notwithstanding any other provision of Title 66 RCW, a person
twenty-one years of age or over may, free of tax and markup,
for personal or household use, bring into the state of Washington from another state no more than once per calendar
month up to two liters of spirits or wine or two hundred
eighty-eight ounces of beer. Additionally, such person may
be authorized by the board to bring into the state of Washington from another state a reasonable amount of alcoholic beverages in excess of that provided in this section for personal
or household use only upon payment of an equivalent markup
and tax as would be applicable to the purchase of the same or
similar liquor at retail from a state liquor store. The board
shall adopt appropriate regulations pursuant to chapter 34.05
RCW for the purpose of carrying into effect the provisions of
this section. [1995 c 100 § 1; 1975 1st ex.s. c 173 § 3.]
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
66.12.125
66.12.125 Alcohol for use as fuel—Legislative finding
and declaration. The legislature finds that the production of
alcohol for use as a fuel or fuel supplement is of great importance to the state. Alcohol, when used as a fuel source, is less
polluting to the atmosphere than conventional fuels and its
use reduces the state's dependence on limited oil resources.
Production of alcohol for use as a fuel provides a new use and
market for Washington agricultural products and aids Washington farmers in producing food and fiber for the citizens of
the state, nation, and world. Therefore, the legislature
declares public policy to be one of encouragement toward the
production and use of alcohol as a fuel or fuel supplement.
[1980 c 140 § 1.]
66.12.130
66.12.130 Alcohol for use as fuel in motor vehicles,
farm implements, machines, etc., or in combination with
other petroleum products for use as fuel. Nothing in this
title shall apply to or prevent the sale, importation, purchase,
production, or blending of alcohol used solely for fuel to be
used in motor vehicles, farm implements, and machines or
implements of husbandry or in combination with gasoline or
other petroleum products for use as such fuel. Manufacturers
and distillers of such alcohol fuel are not required to obtain a
license under this title. Alcohol which is produced for use as
fuel shall be denatured in accordance with a formula
approved by the federal bureau of alcohol, tobacco and firearms prior to the removal of the alcohol from the premises as
described in the approved federal permit application: PROVIDED, That alcohol which is being transferred between
plants involved in the distillation or manufacture of alcohol
fuel need not be denatured if it is transferred in accordance
with federal bureau of alcohol, tobacco and firearms regulation 27 CFR 19.996 as existing on July 26, 1981. The exemptions from the state liquor control laws provided by this section only apply to distillers and manufacturers of alcohol to
be used solely for fuel as long as the manufacturers and distillers are the holders of an appropriate permit issued under
federal law. [1981 c 179 § 1; 1980 c 140 § 2.]
(2004 Ed.)
Exemptions
66.12.140
66.12.140 Use of alcoholic beverages in culinary, restaurant, or food fermentation courses. (1) Nothing in this
title shall prevent the use of beer, wine, and/or spirituous
liquor, for cooking purposes only, in conjunction with a culinary or restaurant course offered by a college, university,
community college, area vocational technical institute, or private vocational school. Further, nothing in this title shall prohibit the making of beer or wine in food fermentation courses
offered by a college, university, community college, area
vocational technical institute, or private vocational school.
(2) "Culinary or restaurant course" as used in this section
means a course of instruction which includes practical experience in food preparation under the supervision of an
instructor who is twenty-one years of age or older.
(3) Persons under twenty-one years of age participating
in culinary or restaurant courses may handle beer, wine, or
spirituous liquor for purposes of participating in the courses,
but nothing in this section shall be construed to authorize
consumption of liquor by persons under twenty-one years of
age or to authorize possession of liquor by persons under
twenty-one years of age at any time or place other than while
preparing food under the supervision of the course instructor.
(4) Beer, wine, and/or spirituous liquor to be used in
culinary or restaurant courses shall be purchased at retail
from the board or a retailer licensed under this title. All such
liquor shall be securely stored in the food preparation area
and shall not be displayed in an area open to the general public.
(5) Colleges, universities, community colleges, area
vocational technical institutes, and private vocational schools
shall obtain the prior written approval of the board for use of
beer, wine, and/or spirituous liquor for cooking purposes in
their culinary or restaurant courses. [1982 c 85 § 8.]
66.12.210
natural alcohol flavors in the preparation of food for retail sale. Therefore,
the legislature declares that the use of natural alcohol flavorings in an
amount not to exceed the limit established in RCW 69.04.240 presents no
threat to the public health and safety." [1984 c 78 § 1.]
Severability—1984 c 78: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1984 c 78 § 7.]
66.12.170
66.12.170 Obtaining liquor for manufacturing confections or food products. Nothing in this title shall be construed as limiting the right of any manufacturer of confections or food products from obtaining liquor from any source
whatsoever if: (1) It is acquired pursuant to a permit issued
under RCW 66.20.010(5); and (2) the applicable taxes
imposed by this title are paid. [1984 c 78 § 4.]
Finding and declaration—Severability—1984 c 78: See notes following RCW 66.12.160.
66.12.180
66.12.180 Donations to and use of wine by Washington wine commission. The Washington wine commission
created under RCW 15.88.030 may purchase or receive donations of wine from wineries and may use such wine for promotional purposes. Wine furnished to the commission under
this section which is used within the state is subject to the
taxes imposed under RCW 66.24.210. No license, permit, or
bond is required of the Washington wine commission under
this title for promotional activities conducted under chapter
15.88 RCW. [1993 c 160 § 1; 1987 c 452 § 14.]
Effective date—1993 c 160: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 160 § 3.]
Construction—Effective dates—Severability—1987 c 452: See
RCW 15.88.900 through 15.88.902.
66.12.150
66.12.150 Beer or wine offered by hospital or nursing
home for consumption on the premises. Nothing in this
title shall apply to or prevent a hospital, as defined in *RCW
70.39.020, or a nursing home as defined in RCW 18.51.010,
from offering or supplying without charge beer or wine by
the individual glass to any patient, member of a patient's family, or patient visitor, for consumption on the premises: PROVIDED, That such patient, family member, or visitor shall be
at least twenty-one years of age, and that the beer or wine
shall be purchased under this title. [1982 c 85 § 9.]
*Reviser's note: RCW 70.39.020 was repealed by 1982 c 223 § 10,
effective June 30, 1990.
66.12.160
66.12.160 Manufacture or sale of confections or food
containing liquor. Nothing in this title shall apply to or prevent the manufacture or sale of confections or food products
containing alcohol or liquor if: (1) The confection or food
product does not contain more than one percent of alcohol by
weight; and (2) the confection or food product has a label
stating: "This product contains liquor and the alcohol content
is one percent or less of the weight of the product." Manufacturers of confections or food products are not required to
obtain a license under this title. [1984 c 78 § 3.]
Finding and declaration—1984 c 78: "The legislature finds that confectioners operating in the state are at an economic disadvantage due to a
continued prohibition on the use of natural alcohol flavor in candies and that
other related business entities, such as bakeries and delicatessens, may use
(2004 Ed.)
66.12.190
66.12.190 Wine shipments from out of state—Limitations. Notwithstanding any other provision of Title 66
RCW, the holder of a license to manufacture wine in a state
which affords holders of a Washington license issued under
RCW 66.24.170 an equal reciprocal shipping privilege, may
ship for personal use and not for resale not more than two
cases of wine of its own manufacture per year, with each case
containing not more than nine liters, to any state resident
twenty-one years of age or older. Out-of-state wine manufacturers that are authorized to ship wine pursuant to RCW
66.12.190 through 66.12.220 shall first obtain a license from
the Washington state liquor control board under procedures
prescribed by rule of the board, before shipping wine into
Washington. Delivery of a shipment under this section shall
not be deemed to constitute a sale in this state. [1991 c 149 §
1.]
66.12.200
66.12.200 Out-of-state wine shipments—Labeling.
The shipping container of any wine sent into or out of this
state under RCW 66.12.190 shall be clearly labeled to indicate that the package cannot be delivered to a person under
twenty-one years of age or to an intoxicated person. [1991 c
149 § 2.]
66.12.210
66.12.210 Wine shipments from out of state from
unlicensed shipper—Penalties. Acceptance of any con[Title 66 RCW—page 15]
66.12.220
Title 66 RCW: Alcoholic Beverage Control
tainer of wine, by a person, that is shipped into this state to a
person from a person who is not licensed as provided in RCW
66.12.190, shall constitute a civil violation and be subject to
the penalties imposed by chapter 66.44 RCW. [1994 c 70 §
1; 1991 c 149 § 3.]
66.12.220
66.12.220 Out-of-state wine shipper's license—Revocation. A license issued under RCW 66.12.190 to a wine
manufacturer, shipper, or person located outside this state
who, within this state, advertises for or solicits consumers to
engage in interstate reciprocal wine shipment under RCW
66.12.190 through 66.12.220 shall be revoked. [1991 c 149 §
4.]
Chapter 66.16
Chapter 66.16 RCW
STATE LIQUOR STORES
Sections
66.16.010
66.16.030
66.16.040
66.16.041
66.16.050
66.16.060
66.16.070
66.16.080
66.16.090
66.16.100
66.16.110
Board may establish—Price standards—Prices in special
instances.
Vendor to be in charge.
Sales of liquor by employees—Identification cards—Permit
holders—Sales for cash—Exception.
Credit and debit card purchases—Rules—Provision, installation, maintenance of equipment by board—Consideration of
offsetting liquor revolving fund balance reduction.
Sale of beer and wine to person licensed to sell.
Sealed packages may be required, exception.
Liquor cannot be opened or consumed on store premises.
Sunday closing.
Record of individual purchases confidential—Penalty for disclosure.
Fortified wine sales.
Birth defects from alcohol—Warning required.
66.16.010
66.16.010 Board may establish—Price standards—
Prices in special instances. (1) There shall be established at
such places throughout the state as the liquor control board,
constituted under this title, shall deem advisable, stores to be
known as "state liquor stores," for the sale of liquor in accordance with the provisions of this title and the regulations:
PROVIDED, That the prices of all liquor shall be fixed by the
board from time to time so that the net annual revenue
received by the board therefrom shall not exceed thirty-five
percent. Effective no later than September 1, 2003, the liquor
control board shall add an equivalent surcharge of $0.42 per
liter on all retail sales of spirits, excluding licensee, military,
and tribal sales. The intent of this surcharge is to raise
$14,000,000 in additional general fund-state revenue for the
2003-2005 biennium. To the extent that a lesser surcharge is
sufficient to raise $14,000,000, the board may reduce the
amount of the surcharge. The board shall remove the surcharge once it generates $14,000,000, but no later than June
30, 2005.
(2) The liquor control board may, from time to time, fix
the special price at which pure ethyl alcohol may be sold to
physicians and dentists and institutions regularly conducted
as hospitals, for use or consumption only in such hospitals;
and may also fix the special price at which pure ethyl alcohol
may be sold to schools, colleges and universities within the
state for use for scientific purposes. Regularly conducted
hospitals may have right to purchase pure ethyl alcohol on a
federal permit.
[Title 66 RCW—page 16]
(3) The liquor control board may also fix the special
price at which pure ethyl alcohol may be sold to any department, branch or institution of the state of Washington, federal
government, or to any person engaged in a manufacturing or
industrial business or in scientific pursuits requiring alcohol
for use therein.
(4) The liquor control board may also fix a special price
at which pure ethyl alcohol may be sold to any private individual, and shall make regulations governing such sale of
alcohol to private individuals as shall promote, as nearly as
may be, the minimum purchase of such alcohol by such persons. [2003 1st sp.s. c 25 § 928; 1939 c 172 § 10; 1937 c 62
§ 1; 1933 ex.s. c 62 § 4; RRS § 7306-4. Formerly RCW
66.16.010 and 66.16.020.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
66.16.030
66.16.030 Vendor to be in charge. The sale of liquor
at each state liquor store shall be conducted by a person
employed under this title to be known as a "vendor," who
shall, together with the employees under his direction, under
the regulations of the board, be responsible for the carrying
out of this title and the regulations, so far as they relate to the
conduct of the store and the sale of liquor thereat. [1933 ex.s.
c 62 § 6; RRS § 7306-6.]
66.16.040 Sales of liquor by employees—Identification cards—Permit holders—Sales for cash—Exception.
Except as otherwise provided by law, an employee in a state
liquor store or agency may sell liquor to any person of legal
age to purchase alcoholic beverages and may also sell to
holders of permits such liquor as may be purchased under
such permits.
Where there may be a question of a person's right to purchase liquor by reason of age, such person shall be required
to present any one of the following officially issued cards of
identification which shows his/her correct age and bears
his/her signature and photograph:
(1) Liquor control authority card of identification of any
state or province of Canada.
(2) Driver's license, instruction permit or identification
card of any state or province of Canada, or "identicard"
issued by the Washington state department of licensing pursuant to RCW 46.20.117.
(3) United States armed forces identification card issued
to active duty, reserve, and retired personnel and the personnel's dependents, which may include an imbedded, digital
signature in lieu of a visible signature.
(4) Passport.
(5) Merchant Marine identification card issued by the
United States Coast Guard.
The board may adopt such regulations as it deems proper
covering the cards of identification listed in this section.
No liquor sold under this section shall be delivered until
the purchaser has paid for the liquor in cash, except as
allowed under RCW 66.16.041. The use of a personal credit
card does not rely upon the credit of the state as prohibited by
Article VIII, section 5 of the state Constitution. [2004 c 61 §
1; 1996 c 291 § 1; 1995 c 16 § 1; 1981 1st ex.s. c 5 § 8; 1979
c 158 § 217; 1973 1st ex.s. c 209 § 3; 1971 ex.s. c 15 § 1;
1959 c 111 § 1; 1933 ex.s. c 62 § 7; RRS § 7306-7.]
66.16.040
(2004 Ed.)
Liquor Permits
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 ex.s. c 15: "The effective date of this 1971 amendatory act is July 1, 1971." [1971 ex.s. c 15 § 8.]
Renewal driver's license accepted as proper identification: RCW 46.20.185.
66.16.041 Credit and debit card purchases—Rules—
Provision, installation, maintenance of equipment by
board—Consideration of offsetting liquor revolving fund
balance reduction. (1) The state liquor control board shall
accept bank credit card and debit cards for purchases in state
liquor stores, under such rules as the board may adopt. The
board shall authorize liquor vendors appointed under RCW
66.08.050 to accept bank credit cards and debit cards for
liquor purchases under this title, under such rules as the board
may adopt.
(2) If a liquor vendor operating an agency store chooses
to use credit or debit cards for liquor purchases, the board
shall provide equipment and installation and maintenance of
the equipment necessary to implement the use of credit and
debit cards. Any equipment provided by the board to an
agency liquor vendor store for this purpose may be used only
for the purchase of liquor.
(3) If the revenues and expenditures associated with
implementing the use of credit and debit cards for the purchase of alcohol from state liquor stores and agency stores
operated by liquor vendors results in a reduction of the liquor
revolving fund balance for fiscal year 1999 and the 1999-01
biennium, the board shall consider increasing the price of
alcohol products to offset the reduction. [2004 c 63 § 2; 1998
c 265 § 3; 1997 c 148 § 2; 1996 c 291 § 2.]
66.16.041
Chapter 66.20
stances exist which necessitate Sunday liquor sales by vendors appointed under RCW 66.08.050(2) of products of their
own manufacture, not to exceed one case of liquor per customer. [1988 c 101 § 1; 1933 ex.s. c 62 § 11; RRS § 730611.]
66.16.090 Record of individual purchases confidential—Penalty for disclosure. All records whatsoever of the
board showing purchases by any individual of liquor shall be
deemed confidential, and, except subject to audit by the state
auditor, shall not be permitted to be inspected by any person
whatsoever, except by employees of the board to the extent
permitted by the regulations; and no member of the board and
no employee whatsoever shall give out any information concerning such records and neither such records nor any information relative thereto which shall make known the name of
any individual purchaser shall be competent to be admitted as
evidence in any court or courts except in prosecutions for illegal possession of and/or sale of liquor. Any person violating
the provisions of this section shall be guilty of a misdemeanor. [1933 ex.s. c 62 § 89; RRS § 7306-89.]
66.16.090
66.16.100 Fortified wine sales. No state liquor store in
a county with a population over three hundred thousand may
sell fortified wine if the board finds that the sale would be
against the public interest based on the factors in RCW
66.24.360. The burden of establishing that the sale would be
against the public interest is on those persons objecting.
[1997 c 321 § 42; 1987 c 386 § 5.]
66.16.100
Effective date—1997 c 321: See note following RCW 66.24.010.
Intent—1998 c 265: "It is the intent of the legislature that expenditures
associated with the implementation of using credit and debit cards in state
liquor stores and agency liquor vendor stores not have a negative impact to
the liquor revolving fund balance and that transfers to the state general fund,
the cities, and the counties not be reduced because of these costs." [1998 c
265 § 1.]
66.16.050 Sale of beer and wine to person licensed to
sell. An employee may sell beer and wines to any licensee
holding a license to sell under this title in accordance with the
terms of said license. [1933 ex.s. c 62 § 8; RRS § 7306-8.]
66.16.110 Birth defects from alcohol—Warning
required. The board shall cause to be posted in conspicuous
places, in a number determined by the board, within each
state liquor store, notices in print not less than one inch high
warning persons that consumption of alcohol shortly before
conception or during pregnancy may cause birth defects,
including fetal alcohol syndrome and fetal alcohol effects.
[1993 c 422 § 2.]
Reviser's note: 1993 c 422 directed that this section be added to chapter
66.08 RCW. This section has been codified in chapter 66.16 RCW, which
relates more directly to liquor stores.
66.16.050
66.16.060
66.16.060 Sealed packages may be required, exception. The board may in its discretion by regulation prescribe
that any or all liquors other than malt liquor shall be delivered
to any purchaser at a state liquor store only in a package
sealed with the official seal. [1943 c 216 § 1; 1933 ex.s. c 62
§ 9; RRS § 7306-9.]
66.16.110
Finding—1993 c 422: "The United States surgeon general warns that
women should not drink alcoholic beverages during pregnancy because of
the risk of birth defects. The legislature finds that these defects include fetal
alcohol syndrome, a birth defect that causes permanent antisocial behavior in
the sufferer, disrupts the functions of his or her family, and, at an alarmingly
increasing rate, extracts a safety and fiscal toll on society." [1993 c 422 § 1.]
Intent—1993 c 422: See RCW 70.83C.005.
Chapter 66.20
66.16.070
66.16.070 Liquor cannot be opened or consumed on
store premises. No employee in a state liquor store shall
open or consume, or allow to be opened or consumed any
liquor on the store premises. [1933 ex.s. c 62 § 10; RRS §
7306-10.]
66.16.080 Sunday closing. No sale or delivery of liquor
shall be made on or from the premises of any state liquor
store, nor shall any store be open for the sale of liquor, on
Sunday, unless the board determines that unique circum66.16.080
(2004 Ed.)
Chapter 66.20 RCW
LIQUOR PERMITS
Sections
66.20.010
66.20.020
66.20.040
66.20.060
66.20.070
66.20.080
66.20.085
Permits classified—Issuance—Fees.
Permits not transferable—False name or address prohibited—
Sacramental liquor, wine.
Applicant must sign permit.
Duration.
Suspension or cancellation.
Surrender of suspended or canceled permit—New permit,
when.
License suspension—Noncompliance with support order—
Reissuance.
[Title 66 RCW—page 17]
66.20.010
66.20.090
66.20.100
66.20.110
66.20.120
66.20.140
66.20.150
66.20.160
66.20.170
66.20.180
66.20.190
66.20.200
66.20.210
66.20.300
66.20.310
66.20.320
66.20.330
66.20.340
66.20.350
Title 66 RCW: Alcoholic Beverage Control
Retaining permits wrongfully presented.
Physician may prescribe or administer liquor—Penalty.
Dentist may administer liquor—Penalty.
Hospital, etc., may administer liquor—Penalty.
Limitation on application after cancellation or suspension.
Purchases prohibited under canceled, suspended permit or
under another's permit.
"Card of identification", "licensee", "store employee" defined
for certain purposes.
Card of identification may be accepted as identification card
and evidence of legal age.
Card of identification to be presented on request of licensee.
Identification card holder may be required to sign certification
card—Contents—Procedure—Statement.
Unlawful acts relating to identification or certification card—
Penalties.
Licensee's immunity to prosecution or suit—Certification card
as evidence of good faith.
Alcohol servers—Definitions.
Alcohol servers—Permits—Requirements—Suspension,
revocation—Violations—Exemptions.
Alcohol servers—Education program—Fees—Issuance of
permits.
Alcohol servers—Rules.
Alcohol servers—Violation of rules—Penalties.
Alcohol servers—Deposit of fees.
66.20.010
66.20.010 Permits classified—Issuance—Fees. Upon
application in the prescribed form being made to any
employee authorized by the board to issue permits, accompanied by payment of the prescribed fee, and upon the
employee being satisfied that the applicant should be granted
a permit under this title, the employee shall issue to the applicant under such regulations and at such fee as may be prescribed by the board a permit of the class applied for, as follows:
(1) Where the application is for a special permit by a
physician or dentist, or by any person in charge of an institution regularly conducted as a hospital or sanitorium for the
care of persons in ill health, or as a home devoted exclusively
to the care of aged people, a special liquor purchase permit;
(2) Where the application is for a special permit by a person engaged within the state in mechanical or manufacturing
business or in scientific pursuits requiring alcohol for use
therein, or by any private individual, a special permit to purchase alcohol for the purpose named in the permit;
(3) Where the application is for a special permit to consume liquor at a banquet, at a specified date and place, a special permit to purchase liquor for consumption at such banquet, to such applicants as may be fixed by the board;
(4) Where the application is for a special permit to consume liquor on the premises of a business not licensed under
this title, a special permit to purchase liquor for consumption
thereon for such periods of time and to such applicants as
may be fixed by the board;
(5) Where the application is for a special permit by a
manufacturer to import or purchase within the state alcohol,
malt, and other materials containing alcohol to be used in the
manufacture of liquor, or other products, a special permit;
(6) Where the application is for a special permit by a person operating a drug store to purchase liquor at retail prices
only, to be thereafter sold by such person on the prescription
of a physician, a special liquor purchase permit;
(7) Where the application is for a special permit by an
authorized representative of a military installation operated
by or for any of the armed forces within the geographical
boundaries of the state of Washington, a special permit to
[Title 66 RCW—page 18]
purchase liquor for use on such military installation at prices
to be fixed by the board;
(8) Where the application is for a special permit by a
manufacturer, importer, or distributor, or representative
thereof, to serve liquor without charge to delegates and guests
at a convention of a trade association composed of licensees
of the board, when the said liquor is served in a hospitality
room or from a booth in a board-approved suppliers' display
room at the convention, and when the liquor so served is for
consumption in the said hospitality room or display room
during the convention, anything in Title 66 RCW to the contrary notwithstanding. Any such spirituous liquor shall be
purchased from the board or a spirits, beer, and wine restaurant licensee and any such beer and wine shall be subject to
the taxes imposed by RCW 66.24.290 and 66.24.210;
(9) Where the application is for a special permit by a
manufacturer, importer, or distributor, or representative
thereof, to donate liquor for a reception, breakfast, luncheon,
or dinner for delegates and guests at a convention of a trade
association composed of licensees of the board, when the
liquor so donated is for consumption at the said reception,
breakfast, luncheon, or dinner during the convention, anything in Title 66 RCW to the contrary notwithstanding. Any
such spirituous liquor shall be purchased from the board or a
spirits, beer, and wine restaurant licensee and any such beer
and wine shall be subject to the taxes imposed by RCW
66.24.290 and 66.24.210;
(10) Where the application is for a special permit by a
manufacturer, importer, or distributor, or representative
thereof, to donate and/or serve liquor without charge to delegates and guests at an international trade fair, show, or exposition held under the auspices of a federal, state, or local governmental entity or organized and promoted by a nonprofit
organization, anything in Title 66 RCW to the contrary notwithstanding. Any such spirituous liquor shall be purchased
from the board and any such beer or wine shall be subject to
the taxes imposed by RCW 66.24.290 and 66.24.210;
(11) Where the application is for an annual special permit by a person operating a bed and breakfast lodging facility
to donate or serve wine or beer without charge to overnight
guests of the facility if the wine or beer is for consumption on
the premises of the facility. "Bed and breakfast lodging facility," as used in this subsection, means a hotel or similar facility offering from one to eight lodging units and breakfast to
travelers and guests. [1998 c 126 § 1; 1997 c 321 § 43; 1984
c 78 § 6; 1984 c 45 § 1; 1983 c 13 § 1; 1982 c 85 § 1; 1975'76 2nd ex.s. c 62 § 2; 1959 c 111 § 2; 1951 2nd ex.s. c 13 §
1; 1933 ex.s. c 62 § 12; RRS § 7306-12.]
Effective date—1998 c 126: "This act takes effect July 1, 1998." [1998
c 126 § 17.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Finding and declaration—Severability—1984 c 78: See notes following RCW 66.12.160.
66.20.020
66.20.020 Permits not transferable—False name or
address prohibited—Sacramental liquor, wine. (1) Every
permit shall be issued in the name of the applicant therefor,
and no permit shall be transferable, nor shall the holder of any
permit allow any other person to use the permit.
(2) No person shall apply in any false or fictitious name
for the issuance to him of a permit, and no person shall fur(2004 Ed.)
Liquor Permits
nish a false or fictitious address in his application for a permit.
(3) Nothing in this title shall be construed as limiting the
right of any minister, priest or rabbi, or religious organization
from obtaining wine for sacramental purposes directly from
any source whatsoever, whether from within the limits of the
state of Washington or from outside the state; nor shall any
fee be charged, directly or indirectly, for the exercise of this
right. The board shall have the power and authority to make
reasonable rules and regulations concerning the importing of
any such liquor or wine, for the purpose of preventing any
unlawful use of such right. [1933 ex.s. c 62 § 13; RRS §
7306-13. Formerly RCW 66.12.100, 66.20.020, and
66.20.030.]
66.20.040
66.20.040 Applicant must sign permit. No permit
shall be valid or be accepted or used for the purchase of liquor
until the applicant for the permit has written his signature
thereon in the prescribed manner, for the purposes of identification as the holder thereof, in the presence of the employee
to whom the application is made. [1933 ex.s. c 62 § 14; RRS
§ 7306-14.]
66.20.060
66.20.060 Duration. Every permit issued for use after
October 1, 1955, shall expire at midnight on the thirtieth day
of June of the fiscal year for which the permit was issued,
except special permits for banquets and special permits to
physicians, dentists, or persons in charge of an institution
regularly conducted as a hospital or sanatorium for the care of
persons in ill health, or as a home devoted exclusively to the
care of aged people. [1955 c 180 § 1; 1935 c 174 § 1; 1933
ex.s. c 62 § 16; RRS § 7306-16.]
66.20.070
66.20.070 Suspension or cancellation. Where the
holder of any permit issued under this title violates any provision of this title or of the regulations, or is an interdicted person, or is otherwise disqualified from holding a permit, the
board, upon proof to its satisfaction of the fact or existence of
such violation, interdiction, or disqualification, and in its discretion, may with or without any hearing, suspend the permit
and all rights of the holder thereunder for such period as the
board sees fit, or may cancel the permit. [1933 ex.s. c 62 §
17; RRS § 7306-17.]
66.20.120
ant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a
support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license
shall be automatic upon the board's receipt of a release issued
by the department of social and health services stating that
the licensee is in compliance with the order. [1997 c 58 §
861.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
66.20.090
66.20.090 Retaining permits wrongfully presented.
Where any permit is presented to an employee by a person
who is not the holder of the permit, or where any permit
which is suspended or canceled is presented to an employee,
the employee shall retain the permit in his custody and shall
forthwith notify the board of the fact of its retention. [1933
ex.s. c 62 § 19; RRS § 7306-19.]
66.20.100
66.20.100 Physician may prescribe or administer
liquor—Penalty. Any physician who deems liquor necessary for the health of a patient, whether an interdicted person
or not, whom he has seen or visited professionally may give
to the patient a prescription therefor, signed by the physician,
or the physician may administer the liquor to the patient, for
which purpose the physician may administer the liquor purchased by him under special permit and may charge for the
liquor so administered; but no prescription shall be given or
liquor be administered by a physician except to bona fide
patients in cases of actual need, and when in the judgment of
the physician the use of liquor as medicine in the quantity
prescribed or administered is necessary; and any physician
who administers liquor in evasion or violation of this title
shall be guilty of a violation of this title. [1933 ex.s. c 62 §
20; RRS § 7306-20.]
66.20.080
66.20.080 Surrender of suspended or canceled permit—New permit, when. Upon receipt of notice of the suspension or cancellation of his permit, the holder of the permit
shall forthwith deliver up the permit to the board. Where the
permit has been suspended only, the board shall return the
permit to the holder at the expiration or termination of the
period of suspension. Where the permit has been suspended
or canceled, no employee shall knowingly issue to the person
whose permit is suspended or canceled a permit under this
title until the end of the period of suspension or within the
period of one year from the date of cancellation. [1933 ex.s.
c 62 § 18; RRS § 7306-18.]
66.20.110
66.20.110 Dentist may administer liquor—Penalty.
Any dentist who deems it necessary that any patient then
under treatment by him should be supplied with liquor as a
stimulant or restorative may administer to the patient the
liquor so needed, and for that purpose the dentist shall administer liquor obtained by him under special permit pursuant to
this title, and may charge for the liquor so administered; but
no liquor shall be administered by a dentist except to bona
fide patients in cases of actual need; and every dentist who
administers liquor in evasion or violation of this title shall be
guilty of a violation of this title. [1933 ex.s. c 62 § 21; RRS
§ 7306-21.]
66.20.085
66.20.085 License suspension—Noncompliance with
support order—Reissuance. The board shall immediately
suspend the license of a person who has been certified pursu(2004 Ed.)
66.20.120
66.20.120 Hospital, etc., may administer liquor—
Penalty. Any person in charge of an institution regularly
[Title 66 RCW—page 19]
66.20.140
Title 66 RCW: Alcoholic Beverage Control
conducted as a hospital or sanatorium for the care of persons
in ill health, or as a home devoted exclusively to the care of
aged people, may, if he holds a special permit under this title
for that purpose, administer liquor purchased by him under
his special permit to any patient or inmate of the institution
who is in need of the same, either by way of external application or otherwise for medicinal purposes, and may charge for
the liquor so administered; but no liquor shall be administered by any person under this section except to bona fide
patients or inmates of the institution of which he is in charge
and in cases of actual need and every person in charge of an
institution who administers liquor in evasion or violation of
this title shall be guilty of a violation of this title. [1933 ex.s.
c 62 § 22; RRS § 7306-22.]
66.20.180
66.20.180 Card of identification to be presented on
request of licensee. A card of identification shall be presented by the holder thereof upon request of any licensee,
store employee, peace officer, or enforcement officer of the
board for the purpose of aiding the licensee, store employee,
peace officer, or enforcement officer of the board to determine whether or not such person is of legal age to purchase
liquor when such person desires to procure liquor from a
licensed establishment or state liquor store or agency. [1973
1st ex.s. c 209 § 6; 1971 ex.s. c 15 § 4; 1959 c 111 § 6; 1949
c 67 § 3; Rem. Supp. 1949 § 7306-19C.]
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 ex.s. c 15: See note following RCW 66.16.040.
66.20.190
66.20.140
66.20.140 Limitation on application after cancellation or suspension. No person whose permit has been canceled within the period of twelve months next preceding, or is
suspended, shall make application to any employee under this
title for another permit. [1933 ex.s. c 62 § 40; RRS § 730640.]
66.20.150
66.20.150 Purchases prohibited under canceled, suspended permit or under another's permit. No person shall
purchase or attempt to purchase liquor under a permit which
is suspended, or which has been canceled, or of which he is
not the holder. [1933 ex.s. c 62 § 41; RRS § 7306-41.]
66.20.160
66.20.160 "Card of identification", "licensee",
"store employee" defined for certain purposes. Words
and phrases as used in RCW 66.20.160 to 66.20.210, inclusive, shall have the following meaning:
"Card of identification" means any one of those cards
described in RCW 66.16.040.
"Licensee" means the holder of a retail liquor license
issued by the board, and includes any employee or agent of
the licensee.
"Store employee" means a person employed in a state
liquor store or agency to sell liquor. [1973 1st ex.s. c 209 § 4;
1971 ex.s. c 15 § 2; 1959 c 111 § 4; 1949 c 67 § 1; Rem. Supp.
1949 § 7306-19A.]
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
66.20.190 Identification card holder may be required
to sign certification card—Contents—Procedure—Statement. In addition to the presentation by the holder and verification by the licensee or store employee of such card of
identification, the licensee or store employee who is still in
doubt about the true age of the holder shall require the person
whose age may be in question to sign a certification card and
record an accurate description and serial number of his card
of identification thereon. Such statement shall be upon a fiveinch by eight-inch file card, which card shall be filed alphabetically by the licensee or store employee at or before the
close of business on the day on which the statement is executed, in the file box containing a suitable alphabetical index
and the card shall be subject to examination by any peace
officer or agent or employee of the board at all times. The
certification card shall also contain in bold-face type a statement stating that the signer understands that conviction for
unlawful purchase of alcoholic beverages or misuse of the
certification card may result in criminal penalties including
imprisonment or fine or both. [1981 1st ex.s. c 5 § 9; 1975 1st
ex.s. c 173 § 4; 1973 1st ex.s. c 209 § 7; 1971 ex.s. c 15 § 5;
1959 c 111 § 7; 1949 c 67 § 4; Rem. Supp. 1949 § 7306-19D.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 ex.s. c 15: See note following RCW 66.16.040.
66.20.200
Effective date—1971 ex.s. c 15: See note following RCW 66.16.040.
66.20.170
66.20.170 Card of identification may be accepted as
identification card and evidence of legal age. A card of
identification may for the purpose of this title and for the purpose of procuring liquor, be accepted as an identification card
by any licensee or store employee and as evidence of legal
age of the person presenting such card, provided the licensee
or store employee complies with the conditions and procedures prescribed herein and such regulations as may be made
by the board. [1973 1st ex.s. c 209 § 5; 1971 ex.s. c 15 § 3;
1959 c 111 § 5; 1949 c 67 § 2; Rem. Supp. 1949 § 7306-19B.]
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 ex.s. c 15: See note following RCW 66.16.040.
[Title 66 RCW—page 20]
66.20.200 Unlawful acts relating to identification or
certification card—Penalties. (1) It shall be unlawful for
the owner of a card of identification to transfer the card to any
other person for the purpose of aiding such person to procure
alcoholic beverages from any licensee or store employee.
Any person who shall permit his or her card of identification
to be used by another or transfer such card to another for the
purpose of aiding such transferee to obtain alcoholic beverages from a licensee or store employee or gain admission to a
premises or portion of a premises classified by the board as
off-limits to persons under twenty-one years of age, shall be
guilty of a misdemeanor punishable as provided by RCW
9A.20.021, except that a minimum fine of two hundred fifty
dollars shall be imposed and any sentence requiring community restitution shall require not fewer than twenty-five hours
of community restitution.
(2004 Ed.)
Liquor Permits
(2) Any person not entitled thereto who unlawfully procures or has issued or transferred to him or her a card of identification, and any person who possesses a card of identification not issued to him or her, and any person who makes any
false statement on any certification card required by RCW
66.20.190, to be signed by him or her, shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021,
except that a minimum fine of two hundred fifty dollars shall
be imposed and any sentence requiring community restitution
shall require not fewer than twenty-five hours of community
restitution. [2003 c 53 § 295; 2002 c 175 § 41; 1994 c 201 §
1; 1987 c 101 § 4; 1973 1st ex.s. c 209 § 8; 1971 ex.s. c 15 §
6; 1969 ex.s. c 178 § 2; 1959 c 111 § 8; 1949 c 67 § 5; Rem.
Supp. 1949 § 7306-19E.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2002 c 175: See note following RCW 7.80.130.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 ex.s. c 15: See note following RCW 66.16.040.
Unlawful transfer to minor of age identification: RCW 66.44.325.
66.20.210
66.20.210 Licensee's immunity to prosecution or
suit—Certification card as evidence of good faith. No licensee or the agent or employee of the licensee, or store
employee, shall be prosecuted criminally or be sued in any
civil action for serving liquor to a person under legal age to
purchase liquor if such person has presented a card of identification in accordance with RCW 66.20.180, and has signed
a certification card as provided in RCW 66.20.190.
Such card in the possession of a licensee may be offered
as a defense in any hearing held by the board for serving
liquor to the person who signed the card and may be considered by the board as evidence that the licensee acted in good
faith. [1973 1st ex.s. c 209 § 9; 1971 ex.s. c 15 § 7; 1959 c
111 § 9; 1949 c 67 § 6; Rem. Supp. 1949 § 7306-19F.]
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 ex.s. c 15: See note following RCW 66.16.040.
66.20.300
66.20.300 Alcohol servers—Definitions. Unless the
context clearly requires otherwise, the definitions in this section apply throughout RCW 66.20.310 through 66.20.350.
(1) "Alcohol" has the same meaning as "liquor" in RCW
66.04.010.
(2) "Alcohol server" means any person serving or selling
alcohol, spirits, wines, or beer for consumption at an on-premises retail licensed facility as a regular requirement of his or
her employment, and includes those persons eighteen years
of age or older permitted by the liquor laws of this state to
serve alcoholic beverages with meals.
(3) "Board" means the Washington state liquor control
board.
(4) "Training entity" means any liquor licensee associations, independent contractors, private persons, and private or
public schools, that have been certified by the board.
(5) "Retail licensed premises" means any premises
licensed to sell alcohol by the glass or by the drink, or in original containers primarily for consumption on the premises as
authorized by RCW 66.24.320, 66.24.330, 66.24.350,
(2004 Ed.)
66.20.310
66.24.400, 66.24.425, 66.24.450, and 66.24.570. [1997 c 321
§ 44; 1996 c 218 § 2; 1995 c 51 § 2.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Findings—1995 c 51: "The legislature finds that education of alcohol
servers on issues such as the physiological effects of alcohol on consumers,
liability and legal implications of serving alcohol, driving while intoxicated,
and methods of intervention with the problem customer are important in protecting the health and safety of the public. The legislature further finds that it
is in the best interest of the citizens of the state of Washington to have an
alcohol server education program." [1995 c 51 § 1.]
66.20.310
66.20.310 Alcohol servers—Permits—Requirements—Suspension, revocation—Violations—Exemptions. (1)(a) There shall be an alcohol server permit, known
as a class 12 permit, for a manager or bartender selling or
mixing alcohol, spirits, wines, or beer for consumption at an
on-premises licensed facility.
(b) There shall be an alcohol server permit, known as a
class 13 permit, for a person who only serves alcohol, spirits,
wines, or beer for consumption at an on-premises licensed
facility.
(c) As provided by rule by the board, a class 13 permit
holder may be allowed to act as a bartender without holding a
class 12 permit.
(2)(a) Effective January 1, 1997, except as provided in
(d) of this subsection, every person employed, under contract
or otherwise, by an annual retail liquor licensee holding a
license as authorized by RCW 66.24.320, 66.24.330,
66.24.350, 66.24.400, 66.24.425, 66.24.450, or 66.24.570,
who as part of his or her employment participates in any manner in the sale or service of alcoholic beverages shall have
issued to them a class 12 or class 13 permit.
(b) Every class 12 and class 13 permit issued shall be
issued in the name of the applicant and no other person may
use the permit of another permit holder. The holder shall
present the permit upon request to inspection by a representative of the board or a peace officer. The class 12 or class 13
permit shall be valid for employment at any retail licensed
premises described in (a) of this subsection.
(c) No licensee described in (a) of this subsection, except
as provided in (d) of this subsection, may employ or accept
the services of any person without the person first having a
valid class 12 or class 13 permit.
(d) Within sixty days of initial employment, every person whose duties include the compounding, sale, service, or
handling of liquor shall have a class 12 or class 13 permit.
(e) No person may perform duties that include the sale or
service of alcoholic beverages on a retail licensed premises
without possessing a valid alcohol server permit.
(3) A permit issued by a training entity under this section
is valid for employment at any retail licensed premises
described in subsection (2)(a) of this section for a period of
five years unless suspended by the board.
(4) The board may suspend or revoke an existing permit
if any of the following occur:
(a) The applicant or permittee has been convicted of violating any of the state or local intoxicating liquor laws of this
state or has been convicted at any time of a felony; or
(b) The permittee has performed or permitted any act
that constitutes a violation of this title or of any rule of the
board.
[Title 66 RCW—page 21]
66.20.320
Title 66 RCW: Alcoholic Beverage Control
(5) The suspension or revocation of a permit under this
section does not relieve a licensee from responsibility for any
act of the employee or agent while employed upon the retail
licensed premises. The board may, as appropriate, revoke or
suspend either the permit of the employee who committed the
violation or the license of the licensee upon whose premises
the violation occurred, or both the permit and the license.
(6)(a) After January 1, 1997, it is a violation of this title
for any retail licensee or agent of a retail licensee as described
in subsection (2)(a) of this section to employ in the sale or
service of alcoholic beverages, any person who does not have
a valid alcohol server permit or whose permit has been
revoked, suspended, or denied.
(b) It is a violation of this title for a person whose alcohol
server permit has been denied, suspended, or revoked to
accept employment in the sale or service of alcoholic beverages.
(7) Grocery stores licensed under RCW 66.24.360, the
primary commercial activity of which is the sale of grocery
products and for which the sale and service of beer and wine
for on-premises consumption with food is incidental to the
primary business, and employees of such establishments, are
exempt from RCW 66.20.300 through 66.20.350. [1997 c
321 § 45. Prior: 1996 c 311 § 1; 1996 c 218 § 3; 1995 c 51 §
3.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Findings—1995 c 51: See note following RCW 66.20.300.
66.20.320
66.20.320 Alcohol servers—Education program—
Fees—Issuance of permits. (1) The board shall regulate a
required alcohol server education program that includes:
(a) Development of the curriculum and materials for the
education program;
(b) Examination and examination procedures;
(c) Certification procedures, enforcement policies, and
penalties for education program instructors and providers;
(d) The curriculum for an approved class 12 alcohol permit training program that includes but is not limited to the
following subjects:
(i) The physiological effects of alcohol including the
effects of alcohol in combination with drugs;
(ii) Liability and legal information;
(iii) Driving while intoxicated;
(iv) Intervention with the problem customer, including
ways to stop service, ways to deal with the belligerent customer, and alternative means of transportation to get the customer safely home;
(v) Methods for checking proper identification of customers;
(vi) Nationally recognized programs, such as TAM
(Techniques in Alcohol Management) and TIPS (Training for
Intervention Programs) modified to include Washington laws
and regulations.
(2) The board shall provide the program through liquor
licensee associations, independent contractors, private persons, private or public schools certified by the board, or any
combination of such providers.
(3) Each training entity shall provide a class 12 permit to
the manager or bartender who has successfully completed a
course the board has certified. A list of the individuals receiv[Title 66 RCW—page 22]
ing the class 12 permit shall be forwarded to the board on the
completion of each course given by the training entity.
(4) After January 1, 1997, the board shall require all
alcohol servers applying for a class 13 alcohol server permit
to view a video training session. Retail liquor licensees shall
fully compensate employees for the time spent participating
in this training session.
(5) When requested by a retail liquor licensee, the board
shall provide copies of videotaped training programs that
have been produced by private vendors and make them available for a nominal fee to cover the cost of purchasing and
shipment, with the fees being deposited in the liquor revolving fund for distribution to the board as needed.
(6) Each training entity may provide the board with a
video program of not less than one hour that covers the subjects in subsection (1)(d)(i) through (v) of this section that
will be made available to a licensee for the training of a class
13 alcohol server.
(7) Applicants shall be given a class 13 permit upon the
successful completion of the program.
(8) A list of the individuals receiving the class 13 permit
shall be forwarded to the board on the completion of each
video training program.
(9) The board shall develop a model permit for the class
12 and 13 permits. The board may provide such permits to
training entities or licensees for a nominal cost to cover production.
(10)(a) Persons who have completed a nationally recognized alcohol management or intervention program since
July 1, 1993, may be issued a class 12 or 13 permit upon providing proof of completion of such training to the board.
(b) Persons who completed the board's alcohol server
training program after July 1, 1993, but before July 1, 1995,
may be issued a class 13 permit upon providing proof of completion of such training to the board. [1996 c 311 § 2; 1995 c
51 § 4.]
Findings—1995 c 51: See note following RCW 66.20.300.
66.20.330
66.20.330 Alcohol servers—Rules. The board shall
adopt rules to implement RCW 66.20.300 through 66.20.350
including, but not limited to, procedures and grounds for
denying, suspending, or revoking permits. [1995 c 51 § 5.]
Findings—1995 c 51: See note following RCW 66.20.300.
66.20.340
66.20.340 Alcohol servers—Violation of rules—Penalties. A violation of any of the rules of the board adopted to
implement RCW 66.20.300 through 66.20.350 is a misdemeanor, punishable by a fine of not more than two hundred
fifty dollars for a first offense. A subsequent offense is punishable by a fine of not more than five hundred dollars, or
imprisonment for not more than ninety days, or both the fine
and imprisonment. [1995 c 51 § 6.]
Findings—1995 c 51: See note following RCW 66.20.300.
66.20.350
66.20.350 Alcohol servers—Deposit of fees. Fees collected by the board under RCW 66.20.300 through 66.20.350
shall be deposited in the liquor revolving fund in accordance
with RCW 66.08.170. [1995 c 51 § 7.]
Findings—1995 c 51: See note following RCW 66.20.300.
(2004 Ed.)
Licenses—Stamp Taxes
Chapter 66.24
Chapter 66.24 RCW
LICENSES—STAMP TAXES
66.24.450
Sections
66.24.010
66.24.012
66.24.015
66.24.025
66.24.120
66.24.140
66.24.150
66.24.160
66.24.170
66.24.185
66.24.200
66.24.203
66.24.206
66.24.210
66.24.215
66.24.230
66.24.240
66.24.244
66.24.250
66.24.261
66.24.270
66.24.290
66.24.305
66.24.310
66.24.320
66.24.330
66.24.350
66.24.354
66.24.360
66.24.371
66.24.375
66.24.380
66.24.395
66.24.400
66.24.410
66.24.420
66.24.425
(2004 Ed.)
66.24.440
Issuance, transferability, refusal, suspension, or cancellation—
Grounds, hearings, procedure—Rules—Duration of licenses
or certificates of approval—Conditions and restrictions—
Posting—Notice to local authorities—Proximity to
churches, schools, etc.—Temporary licenses.
License suspension—Noncompliance with support order—
Reissuance.
Nonrefundable application fee for retail license.
Transfer of license—Fee—Exception—Corporate changes,
approval—Fee.
Vacation of suspension on payment of penalty.
Distiller's license—Fee.
Manufacturer's license—Scope—Fee.
Liquor importer's license—Fee.
Domestic winery license—Winery as distributor and/or
retailer of own wine—Off-premise samples—Domestic
wine made into sparkling wine—Sales at qualifying farmers
markets.
Bonded wine warehouse storage license—Qualifications and
requirements—Fee.
Wine distributor's license—Fee.
Wine importer's license—Principal office—Report—
Labels—Fee.
Certificate of approval required for out-of-state winery or
manufacturer to sell or ship to Washington distributors or
importers—Reports—Agreement with board—Fee.
Imposition of taxes on all wines and cider sold to wine distributors and liquor control board—Additional taxes imposed—
Distributions.
Levy of assessment on wine producers and growers to fund
wine commission—Assessment rate changes—Procedures—Disbursement—Continuation.
Monthly reports of winery, wine importer, and wine distributor—Prohibited, authorized sales.
Domestic brewery's license—Fee—Distribution and/or
retail—Contract-production—Sales at qualifying farmers
markets.
Microbrewery's license—Endorsement for on-premises consumption—Fees—Determination of status as tavern or beer
and/or wine restaurant—Sales at qualifying farmers markets.
Beer distributor's license—Fee.
Beer importer's license—Principal office—Report—Labels—
Fee.
Manufacturer's monthly report to board of quantity of malt
liquor sales or strong beer made to beer distributors—Certificate of approval and report for out-of-state or imported
beer—Fee.
Authorized, prohibited sales—Monthly reports—Added tax—
Distribution—Late payment penalty—Additional taxes, purposes.
Refunds of taxes on unsalable wine and beer.
Representative's license—Qualifications—Conditions and
restrictions—Fee.
Beer and/or wine restaurant license—Containers—Fee—
Caterer's endorsement.
Tavern license—Fees.
Snack bar license—Fee.
Combined license—Sale of beer and wine for consumption on
and off premises—Conditions—Fee.
Grocery store license—Fees—Restricted license—Determination of public interest—Inventory—International export
endorsement.
Beer and/or wine specialty shop license—Fee—Samples—
Restricted license—Determination of public interest—
Inventory.
"Society or organization" defined for certain purposes.
Special occasion license—Fee—Penalty.
Interstate common carrier's licenses—Class CCI—Fees—
Scope.
Liquor by the drink, spirits, beer, and wine restaurant
license—Liquor by the bottle for hotel or club guests—
Removing unconsumed liquor, when.
Liquor by the drink, spirits, beer, and wine restaurant
license—Terms defined.
Liquor by the drink, spirits, beer, and wine restaurant
license—Schedule of fees—Location—Number of
licenses—Caterer's endorsement.
Liquor by the drink, spirits, beer, and wine restaurant
license—Restaurants not serving the general public.
66.24.452
66.24.455
66.24.480
66.24.481
66.24.495
66.24.520
66.24.530
66.24.540
66.24.550
66.24.570
66.24.580
66.24.010
Liquor by the drink, spirits, beer, and wine restaurant, spirits,
beer, and wine private club, and sports entertainment facility
license—Purchase of liquor by licensees—Discount.
Liquor by the drink, spirits, beer, and wine private club
license—Qualifications—Fee.
Private club beer and wine license—Fee.
Bowling establishments—Extension of premises to concourse
and lane areas—Beer and/or wine restaurant, tavern, snack
bar, spirits, beer, and wine restaurant, spirits, beer, and wine
private club, or beer and wine private club licensees.
Bottle clubs—License required.
Public place or club—License or permit required—Penalty.
Nonprofit arts organization license—Fee.
Grower's license—Fee.
Duty free exporter's license—Class S—Fee.
Motel license—Fee.
Beer and wine gift delivery license—Fee—Limitations.
Sports/entertainment facility license—Fee—Caterer's
endorsement.
Public house license—Fees—Limitations.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
66.24.010
66.24.010 Issuance, transferability, refusal, suspension, or cancellation—Grounds, hearings, procedure—
Rules—Duration of licenses or certificates of approval—
Conditions and restrictions—Posting—Notice to local
authorities—Proximity to churches, schools, etc.—Temporary licenses. (1) Every license shall be issued in the
name of the applicant, and the holder thereof shall not allow
any other person to use the license.
(2) For the purpose of considering any application for a
license, the board may cause an inspection of the premises to
be made, and may inquire into all matters in connection with
the construction and operation of the premises. For the purpose of reviewing any application for a license and for considering the denial, suspension or revocation of any license,
the liquor control board may consider any prior criminal conduct of the applicant including a criminal history record
information check. The board may submit the criminal history record information check to the Washington state patrol
and to the identification division of the federal bureau of
investigation in order that these agencies may search their
records for prior arrests and convictions of the individual or
individuals who filled out the forms. The board shall require
fingerprinting of any applicant whose criminal history record
information check is submitted to the federal bureau of investigation. The provisions of RCW 9.95.240 and of chapter
9.96A RCW shall not apply to such cases. The board may, in
its discretion, grant or refuse the license applied for. Authority to approve an uncontested or unopposed license may be
granted by the board to any staff member the board designates in writing. Conditions for granting such authority shall
be adopted by rule. No retail license of any kind may be
issued to:
(a) A person who has not resided in the state for at least
one month prior to making application, except in cases of
licenses issued to dining places on railroads, boats, or aircraft;
(b) A copartnership, unless all of the members thereof
are qualified to obtain a license, as provided in this section;
(c) A person whose place of business is conducted by a
manager or agent, unless such manager or agent possesses the
same qualifications required of the licensee;
(d) A corporation or a limited liability company, unless it
was created under the laws of the state of Washington or
[Title 66 RCW—page 23]
66.24.010
Title 66 RCW: Alcoholic Beverage Control
holds a certificate of authority to transact business in the state
of Washington.
(3)(a) The board may, in its discretion, subject to the provisions of RCW 66.08.150, suspend or cancel any license;
and all rights of the licensee to keep or sell liquor thereunder
shall be suspended or terminated, as the case may be.
(b) The board shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the board's
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
the order.
(c) The board may request the appointment of administrative law judges under chapter 34.12 RCW who shall have
power to administer oaths, issue subpoenas for the attendance
of witnesses and the production of papers, books, accounts,
documents, and testimony, examine witnesses, and to receive
testimony in any inquiry, investigation, hearing, or proceeding in any part of the state, under such rules and regulations
as the board may adopt.
(d) Witnesses shall be allowed fees and mileage each
way to and from any such inquiry, investigation, hearing, or
proceeding at the rate authorized by RCW 34.05.446, as now
or hereafter amended. Fees need not be paid in advance of
appearance of witnesses to testify or to produce books,
records, or other legal evidence.
(e) In case of disobedience of any person to comply with
the order of the board or a subpoena issued by the board, or
any of its members, or administrative law judges, or on the
refusal of a witness to testify to any matter regarding which
he or she may be lawfully interrogated, the judge of the superior court of the county in which the person resides, on application of any member of the board or administrative law
judge, shall compel obedience by contempt proceedings, as
in the case of disobedience of the requirements of a subpoena
issued from said court or a refusal to testify therein.
(4) Upon receipt of notice of the suspension or cancellation of a license, the licensee shall forthwith deliver up the
license to the board. Where the license has been suspended
only, the board shall return the license to the licensee at the
expiration or termination of the period of suspension. The
board shall notify all vendors in the city or place where the
licensee has its premises of the suspension or cancellation of
the license; and no employee may allow or cause any liquor
to be delivered to or for any person at the premises of that licensee.
(5)(a) At the time of the original issuance of a spirits,
beer, and wine restaurant license, the board shall prorate the
license fee charged to the new licensee according to the number of calendar quarters, or portion thereof, remaining until
the first renewal of that license is required.
(b) Unless sooner canceled, every license issued by the
board shall expire at midnight of the thirtieth day of June of
the fiscal year for which it was issued. However, if the board
deems it feasible and desirable to do so, it may establish, by
rule pursuant to chapter 34.05 RCW, a system for staggering
the annual renewal dates for any and all licenses authorized
[Title 66 RCW—page 24]
by this chapter. If such a system of staggered annual renewal
dates is established by the board, the license fees provided by
this chapter shall be appropriately prorated during the first
year that the system is in effect.
(6) Every license issued under this section shall be subject to all conditions and restrictions imposed by this title or
by the regulations in force from time to time. All conditions
and restrictions imposed by the board in the issuance of an
individual license shall be listed on the face of the individual
license along with the trade name, address, and expiration
date.
(7) Every licensee shall post and keep posted its license,
or licenses, in a conspicuous place on the premises.
(8)(a) Unless (b) of this subsection applies, before the
board issues a license to an applicant it shall give notice of
such application to the chief executive officer of the incorporated city or town, if the application is for a license within an
incorporated city or town, or to the county legislative authority, if the application is for a license outside the boundaries of
incorporated cities or towns.
(b) If the application for a special occasion license is for
an event held during a county, district, or area fair as defined
by RCW 15.76.120, and the county, district, or area fair is
located on property owned by the county but located within
an incorporated city or town, the county legislative authority
shall be the entity notified by the board under (a) of this subsection. The board shall send a duplicate notice to the incorporated city or town within which the fair is located.
(c) The incorporated city or town through the official or
employee selected by it, or the county legislative authority or
the official or employee selected by it, shall have the right to
file with the board within twenty days after date of transmittal
of such notice, written objections against the applicant or
against the premises for which the license is asked.
(d) The written objections shall include a statement of all
facts upon which such objections are based, and in case written objections are filed, may request and the liquor control
board may in its discretion hold a formal hearing subject to
the applicable provisions of Title 34 RCW.
(e) Upon the granting of a license under this title the
board shall send a duplicate of the license or written notification to the chief executive officer of the incorporated city or
town in which the license is granted, or to the county legislative authority if the license is granted outside the boundaries
of incorporated cities or towns. When the license is for a special occasion license for an event held during a county, district, or area fair as defined by RCW 15.76.120, and the
county, district, or area fair is located on county-owned property but located within an incorporated city or town, the
duplicate shall be sent to both the incorporated city or town
and the county legislative authority.
(9) Before the board issues any license to any applicant,
it shall give (a) due consideration to the location of the business to be conducted under such license with respect to the
proximity of churches, schools, and public institutions and
(b) written notice by certified mail of the application to
churches, schools, and public institutions within five hundred
feet of the premises to be licensed. The board shall issue no
beer retailer license for either on-premises or off-premises
consumption or wine retailer license for either on-premises or
off-premises consumption or spirits, beer, and wine restau(2004 Ed.)
Licenses—Stamp Taxes
rant license covering any premises not now licensed, if such
premises are within five hundred feet of the premises of any
tax-supported public elementary or secondary school measured along the most direct route over or across established
public walks, streets, or other public passageway from the
outer property line of the school grounds to the nearest public
entrance of the premises proposed for license, and if, after
receipt by the school or public institution of the notice as provided in this subsection, the board receives written notice,
within twenty days after posting such notice, from an official
representative or representatives of the school within five
hundred feet of said proposed licensed premises, indicating to
the board that there is an objection to the issuance of such
license because of proximity to a school. For the purpose of
this section, church shall mean a building erected for and
used exclusively for religious worship and schooling or other
activity in connection therewith. No liquor license may be
issued or reissued by the board to any motor sports facility or
licensee operating within the motor sports facility unless the
motor sports facility enforces a program reasonably calculated to prevent alcohol or alcoholic beverages not purchased
within the facility from entering the facility and such program is approved by local law enforcement agencies. It is the
intent under this subsection that a retail license shall not be
issued by the board where doing so would, in the judgment of
the board, adversely affect a private school meeting the
requirements for private schools under Title 28A RCW,
which school is within five hundred feet of the proposed licensee. The board shall fully consider and give substantial
weight to objections filed by private schools. If a license is
issued despite the proximity of a private school, the board
shall state in a letter addressed to the private school the
board's reasons for issuing the license.
(10) The restrictions set forth in subsection (9) of this
section shall not prohibit the board from authorizing the
assumption of existing licenses now located within the
restricted area by other persons or licenses or relocations of
existing licensed premises within the restricted area. In no
case may the licensed premises be moved closer to a church
or school than it was before the assumption or relocation.
(11) Nothing in this section prohibits the board, in its discretion, from issuing a temporary retail or distributor license
to an applicant assuming an existing retail or distributor
license to continue the operation of the retail or distributor
premises during the period the application for the license is
pending and when the following conditions exist:
(a) The licensed premises has been operated under a
retail or distributor license within ninety days of the date of
filing the application for a temporary license;
(b) The retail or distributor license for the premises has
been surrendered pursuant to issuance of a temporary operating license;
(c) The applicant for the temporary license has filed with
the board an application to assume the retail or distributor
license at such premises to himself or herself; and
(d) The application for a temporary license is accompanied by a temporary license fee established by the board by
rule.
A temporary license issued by the board under this section shall be for a period not to exceed sixty days. A temporary license may be extended at the discretion of the board for
(2004 Ed.)
66.24.012
an additional sixty-day period upon payment of an additional
fee and upon compliance with all conditions required in this
section.
Refusal by the board to issue or extend a temporary
license shall not entitle the applicant to request a hearing. A
temporary license may be canceled or suspended summarily
at any time if the board determines that good cause for cancellation or suspension exists. RCW 66.08.130 and chapter
34.05 RCW shall apply to temporary licenses.
Application for a temporary license shall be on such
form as the board shall prescribe. If an application for a temporary license is withdrawn before issuance or is refused by
the board, the fee which accompanied such application shall
be refunded in full. [2004 c 133 § 1; 2002 c 119 § 3; 1998 c
126 § 2. Prior: 1997 c 321 § 1; 1997 c 58 § 873; 1995 c 232
§ 1; 1988 c 200 § 1; 1987 c 217 § 1; 1983 c 160 § 3; 1982 c
85 § 2; 1981 1st ex.s. c 5 § 10; 1981 c 67 § 31; 1974 ex.s. c
66 § 1; 1973 1st ex.s. c 209 § 10; 1971 c 70 § 1; 1969 ex.s. c
178 § 3; 1947 c 144 § 1; 1935 c 174 § 3; 1933 ex.s. c 62 § 27;
Rem. Supp. 1947 § 7306-27. Formerly RCW 66.24.010, part
and 66.24.020 through 66.24.100. FORMER PART OF
SECTION: 1937 c 217 § 1 (23U) now codified as RCW
66.24.025.]
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: "This act takes effect July 1, 1998." [1997
c 321 § 64.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 c 70: "The effective date of this 1971 amendatory act is July 1, 1971." [1971 c 70 § 4.]
66.24.012
66.24.012 License suspension—Noncompliance with
support order—Reissuance. The board shall immediately
suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a
support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license
shall be automatic upon the board's receipt of a release issued
by the department of social and health services stating that
the licensee is in compliance with the order. [1997 c 58 §
862.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
[Title 66 RCW—page 25]
66.24.015
Title 66 RCW: Alcoholic Beverage Control
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
66.24.015
66.24.015 Nonrefundable application fee for retail
license. An application for a new annual retail license under
this title shall be accompanied by payment of a nonrefundable seventy-five dollar fee to cover expenses incurred in processing the application. If the application is approved, the
application fee shall be applied toward the fee charged for the
license. [1988 c 200 § 4.]
66.24.025
66.24.025 Transfer of license—Fee—Exception—
Corporate changes, approval—Fee. (1) If the board
approves, a license may be transferred, without charge, to the
surviving spouse only of a deceased licensee if the parties
were maintaining a marital community and the license was
issued in the names of one or both of the parties. For the purpose of considering the qualifications of the surviving party
or parties to receive a liquor license, the liquor control board
may require a criminal history record information check. The
board may submit the criminal history record information
check to the Washington state patrol and to the identification
division of the federal bureau of investigation in order that
these agencies may search their records for prior arrests and
convictions of the individual or individuals who filled out the
forms. The board shall require fingerprinting of any applicant
whose criminal history record information check is submitted
to the federal bureau of investigation.
(2) The proposed sale of more than ten percent of the
outstanding and/or issued stock of a licensed corporation or
any proposed change in the officers of a licensed corporation
must be reported to the board, and board approval must be
obtained before such changes are made. A fee of seventy-five
dollars will be charged for the processing of such change of
stock ownership and/or corporate officers. [2002 c 119 § 4;
1995 c 232 § 2; 1981 1st ex.s. c 5 § 11; 1973 1st ex.s. c 209 §
11; 1971 c 70 § 2; 1937 c 217 § 1 (23U) (adding new section
23-U to 1933 ex.s. c 62); RRS § 7306-23U.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 c 70: See note following RCW 66.24.010.
the board shall license stills used and to be used solely and
only for laboratory purposes in any school, college or educational institution in the state, without fee: PROVIDED,
FURTHER, That the board shall license stills which shall
have been duly licensed as fruit and/or wine distilleries by the
federal government, used and to be used solely as fruit and/or
wine distilleries in the production of fruit brandy and wine
spirits, at a fee of two hundred dollars per annum. [1981 1st
ex.s. c 5 § 28; 1937 c 217 § 1 (23D) (adding new section 23D to 1933 ex.s. c 62); RRS § 7306-23D.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.150
66.24.150 Manufacturer's license—Scope—Fee.
There shall be a license to manufacturers of liquor, including
all kinds of manufacturers except those licensed as distillers,
domestic brewers, microbreweries, wineries, and domestic
wineries, authorizing such licensees to manufacture, import,
sell, and export liquor from the state; fee five hundred dollars
per annum. [1997 c 321 § 2; 1981 1st ex.s. c 5 § 29; 1937 c
217 § 1 (23A) (adding new section 23-A to 1933 ex.s. c 62);
RRS § 7306-23A.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.160
66.24.160 Liquor importer's license—Fee. A liquor
importer's license may be issued to any qualified person, firm
or corporation, entitling the holder thereof to import into the
state any liquor other than beer or wine; to store the same
within the state, and to sell and export the same from the
state; fee six hundred dollars per annum. Such liquor
importer's license shall be subject to all conditions and
restrictions imposed by this title or by the rules and regulations of the board, and shall be issued only upon such terms
and conditions as may be imposed by the board. No liquor
importer's license shall be required in sales to the Washington
state liquor control board. [1981 1st ex.s. c 5 § 30; 1970 ex.s.
c 13 § 1. Prior: 1969 ex.s. c 275 § 2; 1969 ex.s. c 21 § 1; 1937
c 217 § 1 (23J) (adding new section 23-J to 1933 ex.s. c 62);
RRS § 7306 (23J).]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.120
66.24.120 Vacation of suspension on payment of penalty. The board in suspending any license may further provide in the order of suspension that such suspension shall be
vacated upon payment to the board by the licensee of a monetary penalty in an amount then fixed by the board. [1973 1st
ex.s. c 209 § 12; 1939 c 172 § 7 (adding new section 27-C to
1933 ex.s. c 62); RRS § 7306-27C.]
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
66.24.140
66.24.140 Distiller's license—Fee. There shall be a
license to distillers, including blending, rectifying and bottling; fee two thousand dollars per annum: PROVIDED,
That the board shall license stills used and to be used solely
and only by a commercial chemist for laboratory purposes,
and not for the manufacture of liquor for sale, at a fee of
twenty dollars per annum: PROVIDED, FURTHER, That
[Title 66 RCW—page 26]
66.24.170
66.24.170 Domestic winery license—Winery as distributor and/or retailer of own wine—Off-premise samples—Domestic wine made into sparkling wine—Sales at
qualifying farmers markets. (1) There shall be a license for
domestic wineries; fee to be computed only on the liters manufactured: Less than two hundred fifty thousand liters per
year, one hundred dollars per year; and two hundred fifty
thousand liters or more per year, four hundred dollars per
year.
(2) The license allows for the manufacture of wine in
Washington state from grapes or other agricultural products.
(3) Any domestic winery licensed under this section may
also act as a distributor and/or retailer of wine of its own production. Any winery operating as a distributor and/or retailer
under this subsection shall comply with the applicable laws
and rules relating to distributors and/or retailers.
(2004 Ed.)
Licenses—Stamp Taxes
(4) A domestic winery licensed under this section, at
locations separate from any of its production or manufacturing sites, may serve samples of its own products, with or
without charge, and sell wine of its own production at retail
for off-premise consumption, provided that: (a) Each additional location has been approved by the board under RCW
66.24.010; (b) the total number of additional locations does
not exceed two; and (c) a winery may not act as a distributor
at any such additional location. Each additional location is
deemed to be part of the winery license for the purpose of this
title. Nothing in this subsection shall be construed to prevent
a domestic winery from holding multiple domestic winery
licenses.
(5)(a) A domestic winery licensed under this section may
apply to the board for an endorsement to sell wine of its own
production at retail for off-premises consumption at a qualifying farmers market. The annual fee for this endorsement is
seventy-five dollars. An endorsement issued pursuant to this
subsection does not count toward the two additional retail
locations limit specified in this section.
(b) For each month during which a domestic winery will
sell wine at a qualifying farmers market, the winery must provide the board or its designee a list of the dates, times, and
locations at which bottled wine may be offered for sale. This
list must be received by the board before the winery may
offer wine for sale at a qualifying farmers market.
(c) The wine sold at qualifying farmers markets must be
made entirely from grapes grown in a recognized Washington appellation or from other agricultural products grown in
this state.
(d) Each approved location in a qualifying farmers market is deemed to be part of the winery license for the purpose
of this title. The approved locations under an endorsement
granted under this subsection do not include the tasting or
sampling privilege of a winery. The winery may not store
wine at a farmers market beyond the hours that the winery
offers bottled wine for sale. The winery may not act as a distributor from a farmers market location.
(e) Before a winery may sell bottled wine at a qualifying
farmers market, the farmers market must apply to the board
for authorization for any winery with an endorsement
approved under this subsection to sell bottled wine at retail at
the farmers market. This application shall include, at a minimum: (i) A map of the farmers market showing all booths,
stalls, or other designated locations at which an approved
winery may sell bottled wine; and (ii) the name and contact
information for the on-site market managers who may be
contacted by the board or its designee to verify the locations
at which bottled wine may be sold. Before authorizing a
qualifying farmers market to allow an approved winery to
sell bottled wine at retail at its farmers market location, the
board shall notify the persons or entities of such application
for authorization pursuant to RCW 66.24.010 (8) and (9). An
authorization granted under this subsection (5)(e) may be
withdrawn by the board for any violation of this title or any
rules adopted under this title.
(f) The board may adopt rules establishing the application and approval process under this section and such additional rules as may be necessary to implement this section.
(g) For the purposes of this subsection:
(2004 Ed.)
66.24.185
(i) "Qualifying farmers market" means an entity that
sponsors a regular assembly of vendors at a defined location
for the purpose of promoting the sale of agricultural products
grown or produced in this state directly to the consumer
under conditions that meet the following minimum requirements:
(A) There are at least five participating vendors who are
farmers selling their own agricultural products;
(B) The total combined gross annual sales of vendors
who are farmers exceeds the total combined gross annual
sales of vendors who are processors or resellers;
(C) The total combined gross annual sales of vendors
who are farmers, processors, or resellers exceeds the total
combined gross annual sales of vendors who are not farmers,
processors, or resellers;
(D) The sale of imported items and secondhand items by
any vendor is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or
without processing, agricultural products that he or she raises
on land he or she owns or leases in this state or in another
state's county that borders this state.
(iii) "Processor" means a natural person who sells processed food that he or she has personally prepared on land he
or she owns or leases in this state or in another state's county
that borders this state.
(iv) "Reseller" means a natural person who buys agricultural products from a farmer and resells the products directly
to the consumer.
(6) Wine produced in Washington state by a domestic
winery licensee may be shipped out-of-state for the purpose
of making it into sparkling wine and then returned to such licensee for resale. Such wine shall be deemed wine manufactured in the state of Washington for the purposes of RCW
66.24.206, and shall not require a special license. [2003 c 44
§ 1; 2000 c 141 § 1; 1997 c 321 § 3; 1991 c 192 § 2; 1982 c
85 § 4; 1981 1st ex.s. c 5 § 31; 1939 c 172 § 1 (23C); 1937 c
217 § 1 (23C) (adding new section 23-C to 1933 ex.s. c 62);
RRS § 7306-23C. Formerly RCW 66.24.170, 66.24.180, and
66.24.190.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.185 Bonded wine warehouse storage license—
Qualifications and requirements—Fee. (1) There shall be
a license for bonded wine warehouses which shall authorize
the storage of bottled wine only. Under this license a licensee
may maintain a warehouse for the storage of wine off the premises of a winery.
(2) The board shall adopt similar qualifications for a
bonded wine warehouse license as required for obtaining a
domestic winery license as specified in RCW 66.24.010 and
66.24.170. A licensee must be a sole proprietor, a partnership, a limited liability company, or a corporation. One or
more domestic wineries may operate as a partnership, corporation, business co-op, or agricultural co-op for the purposes
of obtaining a bonded wine warehouse license.
(3) All bottled wine shipped to a bonded wine warehouse
from a winery or another bonded wine warehouse shall
remain under bond and no tax imposed under RCW
66.24.185
[Title 66 RCW—page 27]
66.24.200
Title 66 RCW: Alcoholic Beverage Control
66.24.210 shall be due, unless the wine is removed from bond
and shipped to a licensed Washington wine distributor. Wine
may be removed from a bonded wine warehouse only for the
purpose of being (a) exported from the state, (b) shipped to a
licensed Washington wine distributor, or (c) returned to a
winery or bonded wine warehouse.
(4) Warehousing of wine by any person other than (a) a
licensed domestic winery or a bonded wine warehouse
licensed under the provisions of this section, (b) a licensed
Washington wine distributor, (c) a licensed Washington wine
importer, (d) a wine certificate of approval holder (W7), or
(e) the liquor control board, is prohibited.
(5) A license applicant shall hold a federal permit for a
bonded wine cellar and may be required to post a continuing
wine tax bond of such an amount and in such a form as may
be required by the board prior to the issuance of a bonded
wine warehouse license. The fee for this license shall be one
hundred dollars per annum.
(6) The board shall adopt rules requiring a bonded wine
warehouse to be physically secure, zoned for the intended use
and physically separated from any other use.
(7) Every licensee shall submit to the board a monthly
report of movement of bottled wines to and from a bonded
wine warehouse in a form prescribed by the board. The board
may adopt other necessary procedures by which bonded wine
warehouses are licensed and regulated. [1999 c 281 § 4; 1997
c 321 § 4; 1984 c 19 § 1.]
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.200
66.24.200 Wine distributor's license—Fee. (Effective
until January 1, 2005.) There shall be a license for wine distributors to sell wine, purchased from licensed Washington
wineries, wine certificate of approval holders (W7), licensed
wine importers, or suppliers of foreign wine located outside
the state of Washington, to licensed wine retailers and other
wine distributors and to export the same from the state; fee
six hundred sixty dollars per year for each distributing unit.
[1997 c 321 § 5; 1981 1st ex.s. c 5 § 32; 1969 ex.s. c 21 § 2;
1937 c 217 § 1 (23K) (adding new section 23-K to 1933 ex.s.
c 62); RRS § 7306-23K.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
66.24.200
66.24.200 Wine distributor's license—Fee. (Effective
January 1, 2005.) There shall be a license for wine distributors to sell wine, purchased from licensed Washington wineries, wine certificate of approval holders, licensed wine
importers, or suppliers of foreign wine located outside of the
United States, to licensed wine retailers and other wine distributors and to export the same from the state; fee six hundred sixty dollars per year for each distributing unit. [2004 c
160 § 2; 1997 c 321 § 5; 1981 1st ex.s. c 5 § 32; 1969 ex.s. c
21 § 2; 1937 c 217 § 1 (23K) (adding new section 23-K to
1933 ex.s. c 62); RRS § 7306-23K.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
[Title 66 RCW—page 28]
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
66.24.203 Wine importer's license—Principal
office—Report—Labels—Fee. (Effective until January 1,
2005.) There shall be a license for wine importers that authorizes the licensee to import wine manufactured within the
United States by certificate of approval holders (W7) into the
state of Washington. The licensee may also import wine manufactured outside the United States.
(1) Wine so imported may be sold to licensed wine distributors or exported from the state.
(2) Every person, firm, or corporation licensed as a wine
importer shall establish and maintain a principal office within
the state at which shall be kept proper records of all wine
imported into the state under this license.
(3) No wine importer's license shall be granted to a nonresident of the state nor to a corporation whose principal
place of business is outside the state until such applicant has
established a principal office and agent within the state upon
which service can be made.
(4) As a requirement for license approval, a wine
importer shall enter into a written agreement with the board
to furnish on or before the twentieth day of each month, a
report under oath, detailing the quantity of wine sold or delivered to each licensed wine distributor. Failure to file such
reports may result in the suspension or cancellation of this
license.
(5) Wine imported under this license must conform to
the provisions of RCW 66.28.110 and have received label
approval from the board. The board shall not certify wines
labeled with names that may be confused with other nonalcoholic beverages whether manufactured or produced from a
domestic winery or imported nor wines that fail to meet quality standards established by the board.
(6) The license fee shall be one hundred sixty dollars per
year. [1997 c 321 § 6.]
66.24.203
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.203 Wine importer's license—Principal
office—Report—Labels—Fee. (Effective January 1,
2005.) There shall be a license for wine importers that authorizes the licensee to import wine purchased from certificate of
approval holders into the state of Washington. The licensee
may also import, from suppliers located outside of the United
States, wine manufactured outside the United States.
(1) Wine so imported may be sold to licensed wine distributors or exported from the state.
(2) Every person, firm, or corporation licensed as a wine
importer shall establish and maintain a principal office within
the state at which shall be kept proper records of all wine
imported into the state under this license.
(3) No wine importer's license shall be granted to a nonresident of the state nor to a corporation whose principal
place of business is outside the state until such applicant has
established a principal office and agent within the state upon
which service can be made.
(4) As a requirement for license approval, a wine
importer shall enter into a written agreement with the board
to furnish on or before the twentieth day of each month, a
report under oath, detailing the quantity of wine sold or delivered to each licensed wine distributor. Failure to file such
66.24.203
(2004 Ed.)
Licenses—Stamp Taxes
reports may result in the suspension or cancellation of this
license.
(5) Wine imported under this license must conform to
the provisions of RCW 66.28.110 and have received label
approval from the board. The board shall not certify wines
labeled with names that may be confused with other nonalcoholic beverages whether manufactured or produced from a
domestic winery or imported nor wines that fail to meet quality standards established by the board.
(6) The license fee shall be one hundred sixty dollars per
year. [2004 c 160 § 3; 1997 c 321 § 6.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.206
66.24.206 Certificate of approval required for out-ofstate winery or manufacturer to sell or ship to Washington distributors or importers—Reports—Agreement
with board—Fee. (Effective until January 1, 2005.) A
United States winery or manufacturer of wine, located outside the state of Washington, must hold a certificate of
approval (W7) to allow sales and shipment of the certificate
of approval holder's wine to licensed Washington wine distributors or importers. The certificate of approval shall not be
granted unless and until such winery or manufacturer of wine
shall have made a written agreement with the board to furnish
to the board, on or before the twentieth day of each month, a
report under oath, on a form to be prescribed by the board,
showing the quantity of wine sold or delivered to each
licensed wine distributor or importer, during the preceding
month, and shall further have agreed with the board, that such
wineries or manufacturers, and all general sales corporations
or agencies maintained by them, and all of their trade representatives, shall and will faithfully comply with all laws of
the state of Washington pertaining to the sale of intoxicating
liquors and all rules and regulations of the Washington state
liquor control board. A violation of the terms of this agreement will cause the board to take action to suspend or revoke
such certificate.
The fee for the certificate of approval, issued pursuant to
the provisions of this title, shall be one hundred dollars per
year, which sum shall accompany the application for such
certificate. [1997 c 321 § 7; 1981 1st ex.s. c 5 § 34; 1973 1st
ex.s. c 209 § 13; 1969 ex.s. c 21 § 10.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
66.24.206
66.24.206 Out-of-state winery or manufacturer—
Certificate of approval—Fee. (Effective January 1, 2005.)
(1)(a) A United States winery or manufacturer of wine
located outside the state of Washington must hold a certificate of approval to allow sales and shipment of the certificate
of approval holder's wine to licensed Washington wine distributors or importers.
(b) Authorized representatives must hold a certificate of
approval to allow sales and shipment of United States pro(2004 Ed.)
66.24.210
duced wine to licensed Washington wine distributors or
importers.
(c) Authorized representatives must also hold a certificate of approval to allow sales and shipments of foreign produced wine to licensed Washington wine distributors or
importers.
(2) The certificate of approval shall not be granted unless
and until such winery or manufacturer of wine or authorized
representative shall have made a written agreement with the
board to furnish to the board, on or before the twentieth day
of each month, a report under oath, on a form to be prescribed
by the board, showing the quantity of wine sold or delivered
to each licensed wine distributor or importer, during the preceding month, and shall further have agreed with the board,
that such wineries, manufacturers, or authorized representatives, and all general sales corporations or agencies maintained by them, and all of their trade representatives, shall
and will faithfully comply with all laws of the state of Washington pertaining to the sale of intoxicating liquors and all
rules and regulations of the Washington state liquor control
board. A violation of the terms of this agreement will cause
the board to take action to suspend or revoke such certificate.
(3) The fee for the certificate of approval, issued pursuant to the provisions of this title, shall be from time to time
established by the board at a level that is sufficient to defray
the costs of administering the certificate of approval program.
The fee shall be fixed by rule by the board in accordance with
the provisions of the administrative procedure act, chapter
34.05 RCW. [2004 c 160 § 4; 1997 c 321 § 7; 1981 1st ex.s.
c 5 § 34; 1973 1st ex.s. c 209 § 13; 1969 ex.s. c 21 § 10.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
66.24.210
66.24.210 Imposition of taxes on all wines and cider
sold to wine distributors and liquor control board—Additional taxes imposed—Distributions. (1) There is hereby
imposed upon all wines except cider sold to wine distributors
and the Washington state liquor control board, within the
state a tax at the rate of twenty and one-fourth cents per liter.
There is hereby imposed on all cider sold to wine distributors
and the Washington state liquor control board within the state
a tax at the rate of three and fifty-nine one-hundredths cents
per liter: PROVIDED, HOWEVER, That wine sold or
shipped in bulk from one winery to another winery shall not
be subject to such tax. The tax provided for in this section
shall be collected by direct payments based on wine purchased by wine distributors. Every person purchasing wine
under the provisions of this section shall on or before the
twentieth day of each month report to the board all purchases
during the preceding calendar month in such manner and
upon such forms as may be prescribed by the board, and with
such report shall pay the tax due from the purchases covered
by such report unless the same has previously been paid. Any
such purchaser of wine whose applicable tax payment is not
postmarked by the twentieth day following the month of purchase will be assessed a penalty at the rate of two percent a
[Title 66 RCW—page 29]
66.24.215
Title 66 RCW: Alcoholic Beverage Control
month or fraction thereof. The board may require that every
such person shall execute to and file with the board a bond to
be approved by the board, in such amount as the board may
fix, securing the payment of the tax. If any such person fails
to pay the tax when due, the board may forthwith suspend or
cancel the license until all taxes are paid.
(2) An additional tax is imposed equal to the rate specified in RCW 82.02.030 multiplied by the tax payable under
subsection (1) of this section. All revenues collected during
any month from this additional tax shall be transferred to the
state general fund by the twenty-fifth day of the following
month.
(3) An additional tax is imposed on wines subject to tax
under subsection (1) of this section, at the rate of one-fourth
of one cent per liter for wine sold after June 30, 1987. After
June 30, 1996, such additional tax does not apply to cider. An
additional tax of five one-hundredths of one cent per liter is
imposed on cider sold after June 30, 1996. All revenues collected under this subsection (3) shall be disbursed quarterly
to the Washington wine commission for use in carrying out
the purposes of chapter 15.88 RCW.
(4) An additional tax is imposed on all wine subject to
tax under subsection (1) of this section. The additional tax is
equal to twenty-three and forty-four one-hundredths cents per
liter on fortified wine as defined in *RCW 66.04.010(38)
when bottled or packaged by the manufacturer, one cent per
liter on all other wine except cider, and eighteen one-hundredths of one cent per liter on cider. All revenues collected
during any month from this additional tax shall be deposited
in the violence reduction and drug enforcement account
under RCW 69.50.520 by the twenty-fifth day of the following month.
(5)(a) An additional tax is imposed on all cider subject to
tax under subsection (1) of this section. The additional tax is
equal to two and four one-hundredths cents per liter of cider
sold after June 30, 1996, and before July 1, 1997, and is equal
to four and seven one-hundredths cents per liter of cider sold
after June 30, 1997.
(b) All revenues collected from the additional tax
imposed under this subsection (5) shall be deposited in the
health services account under RCW 43.72.900.
(6) For the purposes of this section, "cider" means table
wine that contains not less than one-half of one percent of
alcohol by volume and not more than seven percent of alcohol by volume and is made from the normal alcoholic fermentation of the juice of sound, ripe apples or pears. "Cider"
includes, but is not limited to, flavored, sparkling, or carbonated cider and cider made from condensed apple or pear
must. [2001 c 124 § 1; 1997 c 321 § 8; 1996 c 118 § 1; 1995
c 232 § 3; 1994 sp.s. c 7 § 901 (Referendum Bill No. 43,
approved November 8, 1994); 1993 c 160 § 2; 1991 c 192 §
3; 1989 c 271 § 501; 1987 c 452 § 11; 1983 2nd ex.s. c 3 § 10;
1982 1st ex.s. c 35 § 23; 1981 1st ex.s. c 5 § 12; 1973 1st ex.s.
c 204 § 2; 1969 ex.s. c 21 § 3; 1943 c 216 § 2; 1939 c 172 §
3; 1935 c 158 § 3 (adding new section 24-A to 1933 ex.s. c
62); Rem. Supp. 1943 § 7306-24A. Formerly RCW
66.04.120, 66.24.210, part, 66.24.220, and 66.24.230, part.
FORMER PART OF SECTION: 1933 ex.s. c 62 § 25, part,
now codified as RCW 66.24.230.]
*Reviser's note: RCW 66.04.010 was amended by 2004 c 160 § 1,
changing subsection (38) to subsection (39), effective January 1, 2005.
[Title 66 RCW—page 30]
Effective date—2001 c 124: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 124 § 2.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Effective date—1996 c 118: "This act shall take effect July 1, 1996."
[1996 c 118 § 2.]
Contingent partial referendum—1994 sp.s. c 7 §§ 901-909: "Sections 901 through 909, chapter 7, Laws of 1994 sp. sess. shall be submitted
as a single ballot measure to the people for their adoption and ratification, or
rejection, at the next succeeding general election to be held in this state, in
accordance with Article II, section 1 of the state Constitution, as amended,
and the laws adopted to facilitate the operation thereof unless section 13,
chapter 2, Laws of 1994, has been declared invalid or otherwise enjoined or
stayed by a court of competent jurisdiction." [1994 sp.s. c 7 § 911 (Referendum Bill No. 43, approved November 8, 1994).]
Reviser's note: Sections 901 through 909, chapter 7, Laws of 1994 sp.
sess., were adopted and ratified by the people at the November 8, 1994, general election.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1993 c 160: See note following RCW 66.12.180.
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
Construction—Effective dates—Severability—1987 c 452: See
RCW 15.88.900 through 15.88.902.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Floor stocks tax: "There is hereby imposed upon every licensed wine
distributor who possesses wine for resale upon which the tax has not been
paid under section 2, chapter 204, Laws of 1973, a floor stocks tax of sixtyfive cents per wine gallon on wine in his or her possession or under his or her
control on June 30, 1973. Each such distributor shall within twenty days after
June 30, 1973, file a report with the Washington state liquor control board in
such form as the board may prescribe, showing the wine products on hand
July 1, 1973, converted to gallons thereof and the amount of tax due thereon.
The tax imposed by this section shall be due and payable within twenty days
after July 1, 1973, and thereafter bear interest at the rate of one percent per
month." [1997 c 321 § 9; 1973 1st ex.s. c 204 § 3.]
Effective date—1973 1st ex.s. c 204: See note following RCW
82.08.150.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
Giving away liquor prohibited—Exceptions: RCW 66.28.040.
No tax on wine shipped to bonded warehouse: RCW 66.24.185.
66.24.215 Levy of assessment on wine producers and
growers to fund wine commission—Assessment rate
changes—Procedures—Disbursement—Continuation.
(1) To provide for permanent funding of the wine commission after July 1, 1989, agricultural commodity assessments
shall be levied by the board on wine producers and growers
as follows:
(a) Beginning on July 1, 1989, the assessment on wine
producers shall be two cents per gallon on sales of packaged
Washington wines.
(b) Beginning on July 1, 1989, the assessment on growers of Washington vinifera wine grapes shall be levied as provided in RCW 15.88.130.
(c) After July 1, 1993, assessment rates under subsection
(1)(a) of this section may be changed pursuant to a referendum conducted by the Washington wine commission and
approved by a majority vote of wine producers. The weight
66.24.215
(2004 Ed.)
Licenses—Stamp Taxes
of each producer's vote shall be equal to the percentage of
that producer's share of Washington vinifera wine production
in the prior year.
(d) After July 1, 1993, assessment amounts under subsection (1)(b) of this section may be changed pursuant to a
referendum conducted by the Washington wine commission
and approved by a majority vote of grape growers. The
weight of each grower's vote shall be equal to the percentage
of that grower's share of Washington vinifera grape sales in
the prior year.
(2) Assessments collected under this section shall be disbursed quarterly to the Washington wine commission for use
in carrying out the purposes of chapter 15.88 RCW.
(3) Prior to July 1, 1996, a referendum shall be conducted to determine whether to continue the Washington
wine commission as representing both wine producers and
grape growers. The voting shall not be weighted. The wine
producers shall vote whether to continue the commission's
coverage of wineries and wine production. The grape producers shall vote whether to continue the commission's coverage
of issues pertaining to grape growing. If a majority of both
wine and grape producers favor the continuation of the commission, the assessments shall continue as provided in subsection (2)(b) and (d) of this section. If only one group of producers favors the continuation, the assessments shall only be
levied on the group which favored the continuation. [1988 c
257 § 7; 1987 c 452 § 13.]
Construction—Effective dates—Severability—1987 c 452: See
RCW 15.88.900 through 15.88.902.
66.24.230
66.24.230 Monthly reports of winery, wine importer,
and wine distributor—Prohibited, authorized sales.
(Effective until January 1, 2005.) Every winery, wine
importer, and wine distributor licensed under this title shall
make monthly reports to the board pursuant to the regulations. Such winery, wine importer, and wine distributor shall
make no sales of wine within the state of Washington except
to the board, or as otherwise provided in this title. [1997 c
321 § 10; 1969 ex.s. c 21 § 4; 1933 ex.s. c 62 § 25; RRS §
7306-25. Formerly RCW 66.24.210 and 66.24.230.
FORMER PART OF SECTION: 1943 c 216 § 2, part, now
codified in RCW 66.24.210.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
66.24.230
66.24.230 Monthly reports of domestic winery, wine
certificate of approval holder, wine importer, and wine
distributor—Prohibited, authorized sales. (Effective January 1, 2005.) Every domestic winery, wine certificate of
approval holder, wine importer, and wine distributor licensed
under this title shall make monthly reports to the board pursuant to the regulations. Such domestic winery, wine certificate
of approval holder, wine importer, and wine distributor shall
make no sales of wine within the state of Washington except
to the board, or as otherwise provided in this title. [2004 c
160 § 5; 1997 c 321 § 10; 1969 ex.s. c 21 § 4; 1933 ex.s. c 62
§ 25; RRS § 7306-25. Formerly RCW 66.24.210 and
66.24.230. FORMER PART OF SECTION: 1943 c 216 § 2,
part, now codified in RCW 66.24.210.]
Effective date—2004 c 160: See note following RCW 66.04.010.
(2004 Ed.)
66.24.240
Effective date—1997 c 321: See note following RCW 66.24.010.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
66.24.240
66.24.240 Domestic brewery's license—Fee—Distribution and/or retail—Contract-production—Sales at
qualifying farmers markets. (1) There shall be a license for
domestic breweries; fee to be two thousand dollars for production of sixty thousand barrels or more of malt liquor per
year.
(2) Any domestic brewery, except for a brand owner of
malt beverages under *RCW 66.04.010(5), licensed under
this section may also act as a distributor and/or retailer for
beer of its own production. Any domestic brewery operating
as a distributor and/or retailer under this subsection shall
comply with the applicable laws and rules relating to distributors and/or retailers.
(3) Any domestic brewery licensed under this section
may contract-produce beer for a brand owner of malt beverages defined under *RCW 66.04.010(5), and this contractproduction is not a sale for the purposes of RCW 66.28.170
and 66.28.180.
(4)(a) A domestic brewery licensed under this section
and qualified for a reduced rate of taxation pursuant to RCW
66.24.290(3)(b) may apply to the board for an endorsement
to sell bottled beer of its own production at retail for off-premises consumption at a qualifying farmers market. The
annual fee for this endorsement is seventy-five dollars.
(b) For each month during which a domestic brewery
will sell beer at a qualifying farmers market, the domestic
brewery must provide the board or its designee a list of the
dates, times, and locations at which bottled beer may be
offered for sale. This list must be received by the board
before the domestic brewery may offer beer for sale at a qualifying farmers market.
(c) The beer sold at qualifying farmers markets must be
produced in Washington.
(d) Each approved location in a qualifying farmers market is deemed to be part of the domestic brewery license for
the purpose of this title. The approved locations under an
endorsement granted under this subsection do not include the
tasting or sampling privilege of a domestic brewery. The
domestic brewery may not store beer at a farmers market
beyond the hours that the domestic brewery offers bottled
beer for sale. The domestic brewery may not act as a distributor from a farmers market location.
(e) Before a domestic brewery may sell bottled beer at a
qualifying farmers market, the farmers market must apply to
the board for authorization for any domestic brewery with an
endorsement approved under this subsection to sell bottled
beer at retail at the farmers market. This application shall
include, at a minimum: (i) A map of the farmers market
showing all booths, stalls, or other designated locations at
which an approved domestic brewery may sell bottled beer;
and (ii) the name and contact information for the on-site market managers who may be contacted by the board or its designee to verify the locations at which bottled beer may be
sold. Before authorizing a qualifying farmers market to
allow an approved domestic brewery to sell bottled beer at
retail at its farmers market location, the board shall notify the
persons or entities of such application for authorization pursuant to RCW 66.24.010 (8) and (9). An authorization
[Title 66 RCW—page 31]
66.24.244
Title 66 RCW: Alcoholic Beverage Control
granted under this subsection (4)(e) may be withdrawn by the
board for any violation of this title or any rules adopted under
this title.
(f) The board may adopt rules establishing the application and approval process under this section and such additional rules as may be necessary to implement this section.
(g) For the purposes of this subsection:
(i) "Qualifying farmers market" means an entity that
sponsors a regular assembly of vendors at a defined location
for the purpose of promoting the sale of agricultural products
grown or produced in this state directly to the consumer
under conditions that meet the following minimum requirements:
(A) There are at least five participating vendors who are
farmers selling their own agricultural products;
(B) The total combined gross annual sales of vendors
who are farmers exceeds the total combined gross annual
sales of vendors who are processors or resellers;
(C) The total combined gross annual sales of vendors
who are farmers, processors, or resellers exceeds the total
combined gross annual sales of vendors who are not farmers,
processors, or resellers;
(D) The sale of imported items and secondhand items by
any vendor is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or
without processing, agricultural products that he or she raises
on land he or she owns or leases in this state or in another
state's county that borders this state.
(iii) "Processor" means a natural person who sells processed food that he or she has personally prepared on land he
or she owns or leases in this state or in another state's county
that borders this state.
(iv) "Reseller" means a natural person who buys agricultural products from a farmer and resells the products directly
to the consumer. [2003 c 154 § 1; 2000 c 142 § 2; 1997 c 321
§ 11; 1985 c 226 § 1; 1982 c 85 § 5; 1981 1st ex.s. c 5 § 13;
1937 c 217 § 1 (23B) (adding new section 23-B to 1933 ex.s.
c 62); RRS § 7306-23B.]
*Reviser's note: RCW 66.04.010 was amended by 2004 c 160 § 1,
changing subsection (5) to subsection (6), effective January 1, 2005.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.244
66.24.244 Microbrewery's license—Endorsement for
on-premises consumption—Fees—Determination of status as tavern or beer and/or wine restaurant—Sales at
qualifying farmers markets. (1) There shall be a license for
microbreweries; fee to be one hundred dollars for production
of less than sixty thousand barrels of malt liquor, including
strong beer, per year.
(2) Any microbrewery license under this section may
also act as a distributor and/or retailer for beer and strong
beer of its own production. Strong beer may not be sold at a
farmers market or under any endorsement which may authorize microbreweries to sell beer at farmers markets. Any
microbrewery operating as a distributor and/or retailer under
this subsection shall comply with the applicable laws and
rules relating to distributors and/or retailers.
[Title 66 RCW—page 32]
(3) The board may issue an endorsement to this license
allowing for on-premises consumption of beer, including
strong beer, wine, or both of other manufacture if purchased
from a Washington state-licensed distributor. Each endorsement shall cost two hundred dollars per year, or four hundred
dollars per year allowing the sale and service of both beer and
wine.
(4) The microbrewer obtaining such endorsement must
determine, at the time the endorsement is issued, whether the
licensed premises will be operated either as a tavern with persons under twenty-one years of age not allowed as provided
for in RCW 66.24.330, or as a beer and/or wine restaurant as
described in RCW 66.24.320.
(5)(a) A microbrewery licensed under this section may
apply to the board for an endorsement to sell bottled beer of
its own production at retail for off-premises consumption at a
qualifying farmers market. The annual fee for this endorsement is seventy-five dollars.
(b) For each month during which a microbrewery will
sell beer at a qualifying farmers market, the microbrewery
must provide the board or its designee a list of the dates,
times, and locations at which bottled beer may be offered for
sale. This list must be received by the board before the
microbrewery may offer beer for sale at a qualifying farmers
market.
(c) The beer sold at qualifying farmers markets must be
produced in Washington.
(d) Each approved location in a qualifying farmers market is deemed to be part of the microbrewery license for the
purpose of this title. The approved locations under an
endorsement granted under this subsection (5) do not constitute the tasting or sampling privilege of a microbrewery. The
microbrewery may not store beer at a farmers market beyond
the hours that the microbrewery offers bottled beer for sale.
The microbrewery may not act as a distributor from a farmers
market location.
(e) Before a microbrewery may sell bottled beer at a
qualifying farmers market, the farmers market must apply to
the board for authorization for any microbrewery with an
endorsement approved under this subsection (5) to sell bottled beer at retail at the farmers market. This application shall
include, at a minimum: (i) A map of the farmers market
showing all booths, stalls, or other designated locations at
which an approved microbrewery may sell bottled beer; and
(ii) the name and contact information for the on-site market
managers who may be contacted by the board or its designee
to verify the locations at which bottled beer may be sold.
Before authorizing a qualifying farmers market to allow an
approved microbrewery to sell bottled beer at retail at its
farmers market location, the board shall notify the persons or
entities of the application for authorization pursuant to RCW
66.24.010 (8) and (9). An authorization granted under this
subsection (5)(e) may be withdrawn by the board for any violation of this title or any rules adopted under this title.
(f) The board may adopt rules establishing the application and approval process under this section and any additional rules necessary to implement this section.
(g) For the purposes of this subsection (5):
(i) "Qualifying farmers market" means an entity that
sponsors a regular assembly of vendors at a defined location
for the purpose of promoting the sale of agricultural products
(2004 Ed.)
Licenses—Stamp Taxes
grown or produced in this state directly to the consumer
under conditions that meet the following minimum requirements:
(A) There are at least five participating vendors who are
farmers selling their own agricultural products;
(B) The total combined gross annual sales of vendors
who are farmers exceeds the total combined gross annual
sales of vendors who are processors or resellers;
(C) The total combined gross annual sales of vendors
who are farmers, processors, or resellers exceeds the total
combined gross annual sales of vendors who are not farmers,
processors, or resellers;
(D) The sale of imported items and secondhand items by
any vendor is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or
without processing, agricultural products that he or she raises
on land he or she owns or leases in this state or in another
state's county that borders this state.
(iii) "Processor" means a natural person who sells processed food that he or she has personally prepared on land he
or she owns or leases in this state or in another state's county
that borders this state.
(iv) "Reseller" means a natural person who buys agricultural products from a farmer and resells the products directly
to the consumer. [2003 c 167 § 1; 2003 c 154 § 2; 1998 c 126
§ 3; 1997 c 321 § 12.]
66.24.261
Washington breweries, beer certificate of approval holders,
licensed beer importers, or suppliers of foreign beer located
outside of the United States, to licensed beer retailers and
other beer distributors and to export same from the state of
Washington; fee six hundred sixty dollars per year for each
distributing unit. [2004 c 160 § 6; 2003 c 167 § 2; 1997 c 321
§ 13; 1981 1st ex.s. c 5 § 14; 1937 c 217 § 1 (23E) (adding
new section 23-E to 1933 ex.s. c 62); RRS § 7306-23E.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Report to legislature—2003 c 167: "The liquor control board shall
report to the legislature by December 1, 2004, on the impacts of strong beer
sales." [2003 c 167 § 13.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Report to legislature—2003 c 167: "The liquor control board shall
report to the legislature by December 1, 2004, on the impacts of strong beer
sales." [2003 c 167 § 13.]
66.24.261 Beer importer's license—Principal
office—Report—Labels—Fee. (Effective until January 1,
2005.) There shall be a license for beer importers that authorizes the licensee to import beer and strong beer manufactured within the United States by certificate of approval holders (B5) into the state of Washington. The licensee may also
import beer and strong beer manufactured outside the United
States.
(1) Beer and strong beer so imported may be sold to
licensed beer distributors or exported from the state.
(2) Every person, firm, or corporation licensed as a beer
importer shall establish and maintain a principal office within
the state at which shall be kept proper records of all beer and
strong beer imported into the state under this license.
(3) No beer importer's license shall be granted to a nonresident of the state nor to a corporation whose principal
place of business is outside the state until such applicant has
established a principal office and agent within the state upon
which service can be made.
(4) As a requirement for license approval, a beer
importer shall enter into a written agreement with the board
to furnish on or before the twentieth day of each month, a
report under oath, detailing the quantity of beer and strong
beer sold or delivered to each licensed beer distributor. Failure to file such reports may result in the suspension or cancellation of this license.
(5) Beer and strong beer imported under this license
must conform to the provisions of RCW 66.28.120 and have
received label approval from the board. The board shall not
certify beer or strong beer labeled with names which may be
confused with other nonalcoholic beverages whether manufactured or produced from a domestic brewery or imported
nor shall it certify beer or strong beer which fails to meet
quality standards established by the board.
(6) The license fee shall be one hundred sixty dollars per
year. [2003 c 167 § 3; 1997 c 321 § 14.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Effective date—2003 c 167: See note following RCW 66.24.244.
Effective date—1997 c 321: See note following RCW 66.24.010.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Reviser's note: This section was amended by 2003 c 154 § 2 and by
2003 c 167 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 167: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 167 § 14.]
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.250
66.24.250 Beer distributor's license—Fee. (Effective
until January 1, 2005.) There shall be a license for beer distributors to sell beer and strong beer, purchased from licensed
Washington breweries, beer certificate of approval holders
(B5), licensed beer importers, or suppliers of foreign beer
located outside the state of Washington, to licensed beer
retailers and other beer distributors and to export same from
the state of Washington; fee six hundred sixty dollars per year
for each distributing unit. [2003 c 167 § 2; 1997 c 321 § 13;
1981 1st ex.s. c 5 § 14; 1937 c 217 § 1 (23E) (adding new section 23-E to 1933 ex.s. c 62); RRS § 7306-23E.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.250
66.24.250 Beer distributor's license—Fee. (Effective
January 1, 2005.) There shall be a license for beer distributors to sell beer and strong beer, purchased from licensed
(2004 Ed.)
66.24.261
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.261
66.24.261 Beer importer's license—Principal
office—Report—Labels—Fee. (Effective January 1,
2005.) There shall be a license for beer importers that autho[Title 66 RCW—page 33]
66.24.270
Title 66 RCW: Alcoholic Beverage Control
rizes the licensee to import beer and strong beer purchased
from beer certificate of approval holders into the state of
Washington. The licensee may also import, from suppliers
located outside of the United States, beer and strong beer
manufactured outside the United States.
(1) Beer and strong beer so imported may be sold to
licensed beer distributors or exported from the state.
(2) Every person, firm, or corporation licensed as a beer
importer shall establish and maintain a principal office within
the state at which shall be kept proper records of all beer and
strong beer imported into the state under this license.
(3) No beer importer's license shall be granted to a nonresident of the state nor to a corporation whose principal
place of business is outside the state until such applicant has
established a principal office and agent within the state upon
which service can be made.
(4) As a requirement for license approval, a beer
importer shall enter into a written agreement with the board
to furnish on or before the twentieth day of each month, a
report under oath, detailing the quantity of beer and strong
beer sold or delivered to each licensed beer distributor. Failure to file such reports may result in the suspension or cancellation of this license.
(5) Beer and strong beer imported under this license
must conform to the provisions of RCW 66.28.120 and have
received label approval from the board. The board shall not
certify beer or strong beer labeled with names which may be
confused with other nonalcoholic beverages whether manufactured or produced from a domestic brewery or imported
nor shall it certify beer or strong beer which fails to meet
quality standards established by the board.
(6) The license fee shall be one hundred sixty dollars per
year. [2004 c 160 § 7; 2003 c 167 § 3; 1997 c 321 § 14.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.270
66.24.270 Manufacturer's monthly report to board
of quantity of malt liquor sales or strong beer made to
beer distributors—Certificate of approval and report for
out-of-state or imported beer—Fee. (Effective until January 1, 2005.) (1) Every person, firm or corporation, holding
a license to manufacture malt liquors or strong beer within
the state of Washington, shall, on or before the twentieth day
of each month, furnish to the Washington state liquor control
board, on a form to be prescribed by the board, a statement
showing the quantity of malt liquors and strong beer sold for
resale during the preceding calendar month to each beer distributor within the state of Washington.
(2) A United States brewery or manufacturer of beer or
strong beer, located outside the state of Washington, must
hold a certificate of approval (B5) to allow sales and shipment of the certificate of approval holder's beer or strong beer
to licensed Washington beer distributors or importers. The
certificate of approval shall not be granted unless and until
such brewer or manufacturer of beer or strong beer shall have
made a written agreement with the board to furnish to the
board, on or before the twentieth day of each month, a report
[Title 66 RCW—page 34]
under oath, on a form to be prescribed by the board, showing
the quantity of beer and strong beer sold or delivered to each
licensed beer distributor or importer during the preceding
month, and shall further have agreed with the board, that such
brewer or manufacturer of beer or strong beer and all general
sales corporations or agencies maintained by them, and all of
their trade representatives, corporations, and agencies, shall
and will faithfully comply with all laws of the state of Washington pertaining to the sale of intoxicating liquors and all
rules and regulations of the Washington state liquor control
board. A violation of the terms of this agreement will cause
the board to take action to suspend or revoke such certificate.
(3) The fee for the certificate of approval, issued pursuant to the provisions of this title, shall be one hundred dollars
per year, which sum shall accompany the application for such
certificate. [2003 c 167 § 4; 1997 c 321 § 15; 1981 1st ex.s.
c 5 § 35; 1973 1st ex.s. c 209 § 14; 1969 ex.s. c 178 § 4; 1937
c 217 § 1 (23F) (adding new section 23-F to 1933 ex.s. c 62);
RRS § 7306-23F. Formerly RCW 66.24.270 and 66.24.280.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
66.24.270
66.24.270 Manufacturer's monthly report of malt
liquor or strong beer sales—Certificate of approval—
Report for out-of-state or imported beer—Fee. (Effective
January 1, 2005.) (1) Every person, firm or corporation,
holding a license to manufacture malt liquors or strong beer
within the state of Washington, shall, on or before the twentieth day of each month, furnish to the Washington state liquor
control board, on a form to be prescribed by the board, a
statement showing the quantity of malt liquors and strong
beer sold for resale during the preceding calendar month to
each beer distributor within the state of Washington.
(2)(a) A United States brewery or manufacturer of beer
or strong beer, located outside the state of Washington, must
hold a certificate of approval to allow sales and shipment of
the certificate of approval holder's beer or strong beer to
licensed Washington beer distributors or importers.
(b) Authorized representatives must hold a certificate of
approval to allow sales and shipment of United States produced beer or strong beer to licensed Washington beer distributors or importers.
(c) Authorized representatives must also hold a certificate of approval to allow sales and shipments of foreign produced beer or strong beer to licensed Washington beer distributors or importers.
(3) The certificate of approval shall not be granted unless
and until such brewer or manufacturer of beer or strong beer
or authorized representative shall have made a written agreement with the board to furnish to the board, on or before the
twentieth day of each month, a report under oath, on a form
to be prescribed by the board, showing the quantity of beer
and strong beer sold or delivered to each licensed beer distributor or importer during the preceding month, and shall
further have agreed with the board, that such brewer or man(2004 Ed.)
Licenses—Stamp Taxes
ufacturer of beer or strong beer or authorized representative
and all general sales corporations or agencies maintained by
them, and all of their trade representatives, corporations, and
agencies, shall and will faithfully comply with all laws of the
state of Washington pertaining to the sale of intoxicating
liquors and all rules and regulations of the Washington state
liquor control board. A violation of the terms of this agreement will cause the board to take action to suspend or revoke
such certificate.
(4) The fee for the certificate of approval, issued pursuant to the provisions of this title, shall be from time to time
established by the board at a level that is sufficient to defray
the costs of administering the certificate of approval program.
The fee shall be fixed by rule by the board in accordance with
the provisions of the administrative procedure act, chapter
34.05 RCW. [2004 c 160 § 8; 2003 c 167 § 4; 1997 c 321 §
15; 1981 1st ex.s. c 5 § 35; 1973 1st ex.s. c 209 § 14; 1969
ex.s. c 178 § 4; 1937 c 217 § 1 (23F) (adding new section 23F to 1933 ex.s. c 62); RRS § 7306-23F. Formerly RCW
66.24.270 and 66.24.280.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
66.24.290
66.24.290 Authorized, prohibited sales—Monthly
reports—Added tax—Distribution—Late payment penalty—Additional taxes, purposes. (1) Any microbrewer or
domestic brewery or beer distributor licensed under this title
may sell and deliver beer and strong beer to holders of authorized licenses direct, but to no other person, other than the
board; and every such brewery or beer distributor shall report
all sales to the board monthly, pursuant to the regulations,
and shall pay to the board as an added tax for the privilege of
manufacturing and selling the beer and strong beer within the
state a tax of one dollar and thirty cents per barrel of thirtyone gallons on sales to licensees within the state and on sales
to licensees within the state of bottled and canned beer,
including strong beer, shall pay a tax computed in gallons at
the rate of one dollar and thirty cents per barrel of thirty-one
gallons. Any brewery or beer distributor whose applicable
tax payment is not postmarked by the twentieth day following the month of sale will be assessed a penalty at the rate of
two percent per month or fraction thereof. Beer and strong
beer shall be sold by breweries and distributors in sealed barrels or packages. The moneys collected under this subsection
shall be distributed as follows: (a) Three-tenths of a percent
shall be distributed to border areas under RCW 66.08.195;
and (b) of the remaining moneys: (i) Twenty percent shall be
distributed to counties in the same manner as under RCW
66.08.200; and (ii) eighty percent shall be distributed to
incorporated cities and towns in the same manner as under
RCW 66.08.210.
(2) An additional tax is imposed on all beer and strong
beer subject to tax under subsection (1) of this section. The
additional tax is equal to two dollars per barrel of thirty-one
(2004 Ed.)
66.24.290
gallons. All revenues collected during any month from this
additional tax shall be deposited in the violence reduction and
drug enforcement account under RCW 69.50.520 by the
twenty-fifth day of the following month.
(3)(a) An additional tax is imposed on all beer and strong
beer subject to tax under subsection (1) of this section. The
additional tax is equal to ninety-six cents per barrel of thirtyone gallons through June 30, 1995, two dollars and thirtynine cents per barrel of thirty-one gallons for the period July
1, 1995, through June 30, 1997, and four dollars and seventyeight cents per barrel of thirty-one gallons thereafter.
(b) The additional tax imposed under this subsection
does not apply to the sale of the first sixty thousand barrels of
beer each year by breweries that are entitled to a reduced rate
of tax under 26 U.S.C. Sec. 5051, as existing on July 1, 1993,
or such subsequent date as may be provided by the board by
rule consistent with the purposes of this exemption.
(c) All revenues collected from the additional tax
imposed under this subsection (3) shall be deposited in the
health services account under RCW 43.72.900.
(4) An additional tax is imposed on all beer and strong
beer that is subject to tax under subsection (1) of this section
that is in the first sixty thousand barrels of beer and strong
beer by breweries that are entitled to a reduced rate of tax
under 26 U.S.C. Sec. 5051, as existing on July 1, 1993, or
such subsequent date as may be provided by the board by rule
consistent with the purposes of the exemption under subsection (3)(b) of this section. The additional tax is equal to one
dollar and forty-eight and two-tenths cents per barrel of
thirty-one gallons. By the twenty-fifth day of the following
month, three percent of the revenues collected from this additional tax shall be distributed to border areas under RCW
66.08.195 and the remaining moneys shall be transferred to
the state general fund.
(5) The board may make refunds for all taxes paid on
beer and strong beer exported from the state for use outside
the state.
(6) The board may require filing with the board of a bond
to be approved by it, in such amount as the board may fix,
securing the payment of the tax. If any licensee fails to pay
the tax when due, the board may forthwith suspend or cancel
his or her license until all taxes are paid. [2003 c 167 § 5;
1999 c 281 § 14. Prior: 1997 c 451 § 1; 1997 c 321 § 16;
1995 c 232 § 4; 1994 sp.s. c 7 § 902 (Referendum Bill No. 43,
approved November 8, 1994); 1993 c 492 § 311; 1989 c 271
§ 502; 1983 2nd ex.s. c 3 § 11; 1982 1st ex.s. c 35 § 24; 1981
1st ex.s. c 5 § 16; 1965 ex.s. c 173 § 30; 1933 ex.s. c 62 § 24;
RRS § 7306-24.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 451: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 451 § 5.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Contingent partial referendum—1994 sp.s. c 7 §§ 901-909: See note
following RCW 66.24.210.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
[Title 66 RCW—page 35]
66.24.305
Title 66 RCW: Alcoholic Beverage Control
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—1965 ex.s. c 173: See note following RCW 82.98.030.
license, contact retail licensees of the board only in goodwill
activities pertaining to spirituous liquor products. [1997 c
321 § 17; 1981 1st ex.s. c 5 § 36; 1975-'76 2nd ex.s. c 74 § 1;
1971 ex.s. c 138 § 1; 1969 ex.s. c 21 § 5; 1939 c 172 § 2; 1937
c 217 § 1 (23I) (adding new section 23-I to 1933 ex.s. c 62);
RRS § 7306-23I.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1975-'76 2nd ex.s. c 74: "The effective date of this
1976 amendatory act shall be July 1, 1976." [1975-'76 2nd ex.s. c 74 § 4.]
Effective date—1969 ex.s. c 21: See note following RCW 64.04.010.
Giving away of liquor prohibited—Exceptions: RCW 66.28.040.
66.24.320 Beer and/or wine restaurant license—Containers—Fee—Caterer's endorsement. There shall be a
beer and/or wine restaurant license to sell beer, including
strong beer, or wine, or both, at retail, for consumption on the
premises. A patron of the licensee may remove from the premises, recorked or recapped in its original container, any portion of wine that was purchased for consumption with a meal.
(1) The annual fee shall be two hundred dollars for the
beer license, two hundred dollars for the wine license, or four
hundred dollars for a combination beer and wine license.
(2)(a) The board may issue a caterer's endorsement to
this license to allow the licensee to remove from the liquor
stocks at the licensed premises, only those types of liquor that
are authorized under the on-premises license privileges for
sale and service at event locations at a specified date and,
except as provided in subsection (3) of this section, place not
currently licensed by the board. If the event is open to the
public, it must be sponsored by a society or organization as
defined by RCW 66.24.375. If attendance at the event is limited to members or invited guests of the sponsoring individual, society, or organization, the requirement that the sponsor
must be a society or organization as defined by RCW
66.24.375 is waived. Cost of the endorsement is three hundred fifty dollars.
(b) The holder of this license with catering endorsement
shall, if requested by the board, notify the board or its designee of the date, time, place, and location of any catered event.
Upon request, the licensee shall provide to the board all necessary or requested information concerning the society or
organization that will be holding the function at which the
endorsed license will be utilized.
(3) Licensees under this section that hold a caterer's
endorsement are allowed to use this endorsement on a
domestic winery premises under the following conditions:
(a) Agreements between the domestic winery and the
retail licensee shall be in writing, contain no exclusivity
clauses regarding the alcohol beverages to be served, and be
filed with the board; and
(b) The domestic winery and the retail licensee shall be
separately contracted and compensated by the persons sponsoring the event for their respective services. [2004 c 62 § 2.
Prior: 2003 c 345 § 1; 2003 c 167 § 6; 1998 c 126 § 4; 1997
c 321 § 18; 1995 c 232 § 6; 1991 c 42 § 1; 1987 c 458 § 11;
1981 1st ex.s. c 5 § 37; 1977 ex.s. c 9 § 1; 1969 c 117 § 1;
1967 ex.s. c 75 § 2; 1941 c 220 § 1; 1937 c 217 § 1 (23M)
(adding new section 23-M to 1933 ex.s. c 62); Rem. Supp.
1941 § 7306-23M.]
66.24.320
66.24.305
66.24.305 Refunds of taxes on unsalable wine and
beer. The board may refund the tax on wine imposed by
RCW 66.24.210, and the tax on beer imposed by RCW
66.24.290, when such taxpaid products have been deemed to
be unsalable and are destroyed within the state in accordance
with procedures established by the board. [1975 1st ex.s. c
173 § 11.]
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
66.24.310
66.24.310 Representative's license—Qualifications—
Conditions and restrictions—Fee. (1) No person shall canvass for, solicit, receive, or take orders for the purchase or
sale of liquor, nor contact any licensees of the board in goodwill activities, unless such person shall be the accredited representative of a person, firm, or corporation holding a certificate of approval issued pursuant to RCW 66.24.270 or
66.24.206, a beer distributor's license, a microbrewer's
license, a domestic brewer's license, a beer importer's license,
a domestic winery license, a wine importer's license, or a
wine distributor's license within the state of Washington, or
the accredited representative of a distiller, manufacturer,
importer, or distributor of spirituous liquor, or foreign produced beer or wine, and shall have applied for and received a
representative's license: PROVIDED, HOWEVER, That the
provisions of this section shall not apply to drivers who
deliver beer or wine;
(2) Every representative's license issued under this title
shall be subject to all conditions and restrictions imposed by
this title or by the rules and regulations of the board; the
board, for the purpose of maintaining an orderly market, may
limit the number of representative's licenses issued for representation of specific classes of eligible employers;
(3) Every application for a representative's license must
be approved by a holder of a certificate of approval issued
pursuant to RCW 66.24.270 or 66.24.206, a licensed beer distributor, a licensed domestic brewer, a licensed beer importer,
a licensed microbrewer, a licensed domestic winery, a
licensed wine importer, a licensed wine distributor, or by a
distiller, manufacturer, importer, or distributor of spirituous
liquor, or foreign produced beer or wine, as the rules and regulations of the board shall require;
(4) The fee for a representative's license shall be twentyfive dollars per year;
(5) An accredited representative of a distiller, manufacturer, importer, or distributor of spirituous liquor may, after
he or she has applied for and received a representative's
[Title 66 RCW—page 36]
Effective date—2003 c 167: See note following RCW 66.24.244.
(2004 Ed.)
Licenses—Stamp Taxes
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—1987 c 458: See note following RCW 48.21.160.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1967 ex.s. c 75: See note following RCW 66.08.180.
66.24.330
66.24.330 Tavern license—Fees. There shall be a beer
and wine retailer's license to be designated as a tavern license
to sell beer, including strong beer, or wine, or both, at retail,
for consumption on the premises. Such licenses may be
issued only to a person operating a tavern that may be frequented only by persons twenty-one years of age and older.
The annual fee for such license shall be two hundred dollars for the beer license, two hundred dollars for the wine
license, or four hundred dollars for a combination beer and
wine license. Licensees who have a fee increase of more than
one hundred dollars as a result of this change shall have their
fees increased fifty percent of the amount the first renewal
year and the remaining amount beginning with the second
renewal period. New licensees obtaining a license after July
1, 1998, shall pay the full amount of four hundred dollars.
[2003 c 167 § 7; 1997 c 321 § 19; 1995 c 232 § 7; 1991 c 42
§ 2; 1987 c 458 § 12; 1981 1st ex.s. c 5 § 38; 1977 ex.s. c 9 §
2; 1973 1st ex.s. c 209 § 15; 1967 ex.s. c 75 § 3; 1941 c 220
§ 2; 1937 c 217 § 1 (23N) (adding new section 23-N to 1933
ex.s. c 62); Rem. Supp. 1941 § 7306-23N.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—1987 c 458: See note following RCW 48.21.160.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1967 ex.s. c 75: See note following RCW 66.08.180.
66.24.350 Snack bar license—Fee. There shall be a
beer retailer's license to be designated as a snack bar license
to sell beer by the opened bottle or can at retail, for consumption upon the premises only, such license to be issued to
places where the sale of beer is not the principal business
conducted; fee one hundred twenty-five dollars per year.
[1997 c 321 § 20; 1991 c 42 § 3; 1981 1st ex.s. c 5 § 40; 1967
ex.s. c 75 § 5; 1937 c 217 § 1 (23P) (adding new section 23P to 1933 ex.s. c 62); RRS § 7306-23P.]
66.24.350
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1967 ex.s. c 75: See note following RCW 66.08.180.
66.24.354 Combined license—Sale of beer and wine
for consumption on and off premises—Conditions—Fee.
There shall be a beer and wine retailer's license that may be
combined only with the on-premises licenses described in
either RCW 66.24.320 or 66.24.330. The combined license
permits the sale of beer and wine for consumption off the premises.
66.24.354
(2004 Ed.)
66.24.360
(1) Beer and wine sold for consumption off the premises
must be in original sealed packages of the manufacturer or
bottler.
(2) Beer may be sold to a purchaser in a sanitary container brought to the premises by the purchaser and filled at
the tap by the retailer at the time of sale.
(3) Licensees holding this type of license also may sell
malt liquor in kegs or other containers that are capable of
holding four gallons or more of liquid and are registered in
accordance with RCW 66.28.200.
(4) The board may impose conditions upon the issuance
of this license to best protect and preserve the health, safety,
and welfare of the public.
(5) The annual fee for this license shall be one hundred
twenty dollars. [1997 c 321 § 21.]
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.360
66.24.360 Grocery store license—Fees—Restricted
license—Determination of public interest—Inventory—
International export endorsement. There shall be a beer
and/or wine retailer's license to be designated as a grocery
store license to sell beer, strong beer, and/or wine at retail in
bottles, cans, and original containers, not to be consumed
upon the premises where sold, at any store other than the state
liquor stores.
(1) Licensees obtaining a written endorsement from the
board may also sell malt liquor in kegs or other containers
capable of holding less than five and one-half gallons of liquid.
(2) The annual fee for the grocery store license is one
hundred fifty dollars for each store.
(3) The board shall issue a restricted grocery store
license authorizing the licensee to sell beer and only table
wine, if the board finds upon issuance or renewal of the
license that the sale of strong beer or fortified wine would be
against the public interest. In determining the public interest,
the board shall consider at least the following factors:
(a) The likelihood that the applicant will sell strong beer
or fortified wine to persons who are intoxicated;
(b) Law enforcement problems in the vicinity of the
applicant's establishment that may arise from persons purchasing strong beer or fortified wine at the establishment; and
(c) Whether the sale of strong beer or fortified wine
would be detrimental to or inconsistent with a governmentoperated or funded alcohol treatment or detoxification program in the area.
If the board receives no evidence or objection that the
sale of strong beer or fortified wine would be against the public interest, it shall issue or renew the license without restriction, as applicable. The burden of establishing that the sale of
strong beer or fortified wine by the licensee would be against
the public interest is on those persons objecting.
(4) Licensees holding a grocery store license must maintain a minimum three thousand dollar inventory of food products for human consumption, not including pop, beer, strong
beer, or wine.
(5) Upon approval by the board, the grocery store licensee may also receive an endorsement to permit the international export of beer, strong beer, and wine.
[Title 66 RCW—page 37]
66.24.371
Title 66 RCW: Alcoholic Beverage Control
(a) Any beer, strong beer, or wine sold under this
endorsement must have been purchased from a licensed beer
or wine distributor licensed to do business within the state of
Washington.
(b) Any beer, strong beer, and wine sold under this
endorsement must be intended for consumption outside the
state of Washington and the United States and appropriate
records must be maintained by the licensee.
(c) A holder of this special endorsement to the grocery
store license shall be considered not in violation of RCW
66.28.010.
(d) Any beer, strong beer, or wine sold under this license
must be sold at a price no less than the acquisition price paid
by the holder of the license.
(e) The annual cost of this endorsement is five hundred
dollars and is in addition to the license fees paid by the licensee for a grocery store license. [2003 c 167 § 8; 1997 c 321
§ 22; 1993 c 21 § 1; 1991 c 42 § 4; 1987 c 46 § 1; 1981 1st
ex.s. c 5 § 41; 1967 ex.s. c 75 § 6; 1937 c 217 § 1 (23Q) (adding new section 23-Q to 1933 ex.s. c 62); RRS § 7306-23Q.]
Application to certain retailers—2003 c 167 §§ 8 and 9: "Sections 8
and 9 of this act apply to retailers who hold a restricted grocery store license
or restricted beer and/or wine specialty shop license on or after July 1, 2003."
[2003 c 167 § 12.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1967 ex.s. c 75: See note following RCW 66.08.180.
Employees under eighteen allowed to handle beer or wine: RCW 66.44.340.
66.24.371
66.24.371 Beer and/or wine specialty shop license—
Fee—Samples—Restricted license—Determination of
public interest—Inventory. (1) There shall be a beer and/or
wine retailer's license to be designated as a beer and/or wine
specialty shop license to sell beer, strong beer, and/or wine at
retail in bottles, cans, and original containers, not to be consumed upon the premises where sold, at any store other than
the state liquor stores. Licensees obtaining a written endorsement from the board may also sell malt liquor in kegs or other
containers capable of holding less than five and one-half gallons of liquid. The annual fee for the beer and/or wine specialty shop license is one hundred dollars for each store.
(2) Licensees under this section may provide, free or for
a charge, single-serving samples of two ounces or less to customers for the purpose of sales promotion. Sampling activities of licensees under this section are subject to RCW
66.28.010 and 66.28.040 and the cost of sampling under this
section may not be borne, directly or indirectly, by any manufacturer, importer, or distributor of liquor.
(3) The board shall issue a restricted beer and/or wine
specialty shop license, authorizing the licensee to sell beer
and only table wine, if the board finds upon issuance or
renewal of the license that the sale of strong beer or fortified
wine would be against the public interest. In determining the
public interest, the board shall consider at least the following
factors:
(a) The likelihood that the applicant will sell strong beer
or fortified wine to persons who are intoxicated;
[Title 66 RCW—page 38]
(b) Law enforcement problems in the vicinity of the
applicant's establishment that may arise from persons purchasing strong beer or fortified wine at the establishment; and
(c) Whether the sale of strong beer or fortified wine
would be detrimental to or inconsistent with a governmentoperated or funded alcohol treatment or detoxification program in the area.
If the board receives no evidence or objection that the
sale of strong beer or fortified wine would be against the public interest, it shall issue or renew the license without restriction, as applicable. The burden of establishing that the sale of
strong beer or fortified wine by the licensee would be against
the public interest is on those persons objecting.
(4) Licensees holding a beer and/or wine specialty shop
license must maintain a minimum three thousand dollar
wholesale inventory of beer, strong beer, and/or wine. [2003
c 167 § 9; 1997 c 321 § 23.]
Application to certain retailers—2003 c 167 §§ 8 and 9: See note following RCW 66.24.360.
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.375
66.24.375 "Society or organization" defined for certain purposes. "Society or organization" as used in RCW
66.24.380 means a not-for-profit group organized and operated solely for charitable, religious, social, political, educational, civic, fraternal, athletic, or benevolent purposes. No
portion of the profits from events sponsored by a not-forprofit group may be paid directly or indirectly to members,
officers, directors, or trustees except for services performed
for the organization. Any compensation paid to its officers
and executives must be only for actual services and at levels
comparable to the compensation for like positions within the
state. A society or organization which is registered with the
secretary of state or the federal internal revenue service as a
nonprofit organization may submit such registration as proof
that it is a not-for-profit group. [1997 c 321 § 61; 1981 c 287
§ 2.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Effective date—1981 c 287: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 287 § 3.]
66.24.380
66.24.380 Special occasion license—Fee—Penalty.
There shall be a retailer's license to be designated as a special
occasion license to be issued to a not-for-profit society or
organization to sell spirits, beer, and wine by the individual
serving for on-premises consumption at a specified event,
such as at picnics or other special occasions, at a specified
date and place; fee sixty dollars per day.
(1) The not-for-profit society or organization is limited
to sales of no more than twelve calendar days per year. For
the purposes of this subsection, special occasion licensees
that are "agricultural area fairs" or "agricultural county, district, and area fairs," as defined by RCW 15.76.120, that
receive a special occasion license may, once per calendar
year, count as one event fairs that last multiple days, so long
as alcohol sales are at set dates, times, and locations, and the
(2004 Ed.)
Licenses—Stamp Taxes
board receives prior notification of the dates, times, and locations. The special occasion license applicant will pay the
sixty dollars per day for this event.
(2) The licensee may sell beer and/or wine in original,
unopened containers for off-premises consumption if permission is obtained from the board prior to the event.
(3) Sale, service, and consumption of spirits, beer, and
wine is to be confined to specified premises or designated
areas only.
(4) Spirituous liquor sold under this special occasion
license must be purchased at a state liquor store or agency
without discount at retail prices, including all taxes.
(5) Any violation of this section is a class 1 civil infraction having a maximum penalty of two hundred fifty dollars
as provided for in chapter 7.80 RCW. [2004 c 133 § 2; 1997
c 321 § 24; 1988 c 200 § 2; 1981 1st ex.s. c 5 § 43; 1973 1st
ex.s. c 209 § 17; 1969 ex.s. c 178 § 5; 1937 c 217 § 1 (23S)
(adding new section 23-S to 1933 ex.s. c 62); RRS § 730623S.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
"Society or organization" defined for certain purposes: RCW 66.24.375.
66.24.395
66.24.395 Interstate common carrier's licenses—
Class CCI—Fees—Scope. (1)(a) There shall be a license
that may be issued to corporations, associations, or persons
operating as federally licensed commercial common passenger carriers engaged in interstate commerce, in or over territorial limits of the state of Washington on passenger trains,
vessels, or airplanes. Such license shall permit the sale of
spirituous liquor, wine, and beer at retail for passenger consumption within the state upon one such train passenger car,
vessel, or airplane, while in or over the territorial limits of the
state. Such license shall include the privilege of transporting
into and storing within the state such liquor for subsequent
retail sale to passengers in passenger train cars, vessels or airplanes. The fees for such master license shall be seven hundred fifty dollars per annum (class CCI-1): PROVIDED,
That upon payment of an additional sum of five dollars per
annum per car, or vessel, or airplane, the privileges authorized by such license classes shall extend to additional cars,
or vessels, or airplanes operated by the same licensee within
the state, and a duplicate license for each additional car, or
vessel, or airplane shall be issued: PROVIDED, FURTHER,
That such licensee may make such sales and/or service upon
cars, or vessels, or airplanes in emergency for not more than
five consecutive days without such license: AND PROVIDED, FURTHER, That such license shall be valid only
while such cars, or vessels, or airplanes are actively operated
as common carriers for hire in interstate commerce and not
while they are out of such common carrier service.
(b) Alcoholic beverages sold and/or served for consumption by such interstate common carriers while within or over
the territorial limits of this state shall be subject to such board
markup and state liquor taxes in an amount to approximate
the revenue that would have been realized from such markup
and taxes had the alcoholic beverages been purchased in
Washington: PROVIDED, That the board's markup shall be
(2004 Ed.)
66.24.400
applied on spirituous liquor only. Such common carriers shall
report such sales and/or service and pay such markup and
taxes in accordance with procedures prescribed by the board.
(2) Alcoholic beverages sold and delivered in this state
to interstate common carriers for use under the provisions of
this section shall be considered exported from the state, subject to the conditions provided in subsection (1)(b) of this
section. The storage facilities for liquor within the state by
common carriers licensed under this section shall be subject
to written approval by the board. [1997 c 321 § 25; 1981 1st
ex.s. c 5 § 44; 1975 1st ex.s. c 245 § 2.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.400
66.24.400 Liquor by the drink, spirits, beer, and wine
restaurant license—Liquor by the bottle for hotel or club
guests—Removing unconsumed liquor, when. (1) There
shall be a retailer's license, to be known and designated as a
spirits, beer, and wine restaurant license, to sell spirituous
liquor by the individual glass, beer, and wine, at retail, for
consumption on the premises, including mixed drinks and
cocktails compounded or mixed on the premises only: PROVIDED, That a hotel, or club licensed under chapter 70.62
RCW with overnight sleeping accommodations, that is
licensed under this section may sell liquor by the bottle to
registered guests of the hotel or club for consumption in guest
rooms, hospitality rooms, or at banquets in the hotel or club:
PROVIDED FURTHER, That a patron of a bona fide hotel,
restaurant, or club licensed under this section may remove
from the premises recorked or recapped in its original container any portion of wine which was purchased for consumption with a meal, and registered guests who have purchased liquor from the hotel or club by the bottle may remove
from the premises any unused portion of such liquor in its
original container. Such license may be issued only to bona
fide restaurants, hotels and clubs, and to dining, club and buffet cars on passenger trains, and to dining places on passenger
boats and airplanes, and to dining places at civic centers with
facilities for sports, entertainment, and conventions, and to
such other establishments operated and maintained primarily
for the benefit of tourists, vacationers and travelers as the
board shall determine are qualified to have, and in the discretion of the board should have, a spirits, beer, and wine restaurant license under the provisions and limitations of this title.
(2) The board may issue an endorsement to the spirits,
beer, and wine restaurant license that allows the holder of a
spirits, beer, and wine restaurant license to sell for off-premises consumption wine vinted and bottled in the state of
Washington and carrying a label exclusive to the license
holder selling the wine. Spirits and beer may not be sold for
off-premises consumption under this section. The annual fee
for the endorsement under this chapter [section] is one hundred twenty dollars. [2001 c 199 § 4; 1998 c 126 § 5; 1997 c
321 § 26; 1987 c 196 § 1; 1986 c 208 § 1; 1981 c 94 § 2; 1977
ex.s. c 9 § 4; 1971 ex.s. c 208 § 1; 1949 c 5 § 1 (adding new
section 23-S-1 to 1933 ex.s. c 62); Rem. Supp. 1949 §
7306-23S-1.]
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
[Title 66 RCW—page 39]
66.24.410
Title 66 RCW: Alcoholic Beverage Control
Effective date—1986 c 208: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of state government and its existing public institutions, and shall take effect on May 1,
1986." [1986 c 208 § 2.]
Severability—1949 c 5: See RCW 66.98.080.
66.24.410
66.24.410 Liquor by the drink, spirits, beer, and wine
restaurant license—Terms defined. (1) "Spirituous
liquor," as used in RCW 66.24.400 to 66.24.450, inclusive,
means "liquor" as defined in RCW 66.04.010, except "wine"
and "beer" sold as such.
(2) "Restaurant" as used in RCW 66.24.400 to
66.24.450, inclusive, means an establishment provided with
special space and accommodations where, in consideration of
payment, food, without lodgings, is habitually furnished to
the public, not including drug stores and soda fountains:
PROVIDED, That such establishments shall be approved by
the board and that the board shall be satisfied that such establishment is maintained in a substantial manner as a place for
preparing, cooking and serving of complete meals. The service of only fry orders or such food and victuals as sandwiches, hamburgers, or salads shall not be deemed in compliance with this definition.
(3) "Hotel," "clubs," "wine" and "beer" are used in RCW
66.24.400 to 66.24.450, inclusive, with the meaning given in
chapter 66.04 RCW: PROVIDED, That any such hotel shall
be provided with special space and accommodations where,
in consideration of payment, food is habitually furnished to
the public: PROVIDED FURTHER, That the board shall be
satisfied that such hotel is maintained in a substantial manner
as a place for preparing, cooking and serving of complete
meals. The service of only fry orders, sandwiches, hamburgers, or salads shall not be deemed in compliance with this definition. [1983 c 3 § 164; 1981 1st ex.s. c 5 § 17; 1969 ex.s. c
112 § 1; 1957 c 263 § 2. Prior: 1949 c 5 § 2, part (adding new
section 23-S-2 to 1933 ex.s. c 62); Rem. Supp. 1949 §
7306-23S-2, part.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—1949 c 5: See RCW 66.98.080.
66.24.420
66.24.420 Liquor by the drink, spirits, beer, and wine
restaurant license—Schedule of fees—Location—Number of licenses—Caterer's endorsement. (1) The spirits,
beer, and wine restaurant license shall be issued in accordance with the following schedule of annual fees:
(a) The annual fee for a spirits, beer, and wine restaurant
license shall be graduated according to the dedicated dining
area and type of service provided as follows:
Less than 50% dedicated dining area
50% or more dedicated dining area
Service bar only
$2,000
$1,600
$1,000
(b) The annual fee for the license when issued to any
other spirits, beer, and wine restaurant licensee outside of
incorporated cities and towns shall be prorated according to
the calendar quarters, or portion thereof, during which the licensee is open for business, except in case of suspension or
revocation of the license.
(c) Where the license shall be issued to any corporation,
association or person operating a bona fide restaurant in an
[Title 66 RCW—page 40]
airport terminal facility providing service to transient passengers with more than one place where liquor is to be dispensed
and sold, such license shall be issued upon the payment of the
annual fee, which shall be a master license and shall permit
such sale within and from one such place. Such license may
be extended to additional places on the premises at the discretion of the board and a duplicate license may be issued for
each such additional place: PROVIDED, That the holder of
a master license for a restaurant in an airport terminal facility
shall be required to maintain in a substantial manner at least
one place on the premises for preparing, cooking, and serving
of complete meals, and such food service shall be available
on request in other licensed places on the premises: PROVIDED, FURTHER, That an additional license fee of
twenty-five percent of the annual master license fee shall be
required for such duplicate licenses.
(d) Where the license shall be issued to any corporation,
association, or person operating dining places at a publicly or
privately owned civic or convention center with facilities for
sports, entertainment, or conventions, or a combination
thereof, with more than one place where liquor is to be dispensed and sold, such license shall be issued upon the payment of the annual fee, which shall be a master license and
shall permit such sale within and from one such place. Such
license may be extended to additional places on the premises
at the discretion of the board and a duplicate license may be
issued for each such additional place: PROVIDED, That the
holder of a master license for a dining place at such a publicly
or privately owned civic or convention center shall be
required to maintain in a substantial manner at least one place
on the premises for preparing, cooking, and serving of complete meals, and food service shall be available on request in
other licensed places on the premises: PROVIDED FURTHER, That an additional license fee of ten dollars shall be
required for such duplicate licenses.
(e) Where the license shall be issued to any corporation,
association or person operating more than one building containing dining places at privately owned facilities which are
open to the public and where there is a continuity of ownership of all adjacent property, such license shall be issued
upon the payment of an annual fee which shall be a master
license and shall permit such sale within and from one such
place. Such license may be extended to the additional dining
places on the property or, in the case of a spirits, beer, and
wine restaurant licensed hotel, property owned or controlled
by leasehold interest by that hotel for use as a conference or
convention center or banquet facility open to the general public for special events in the same metropolitan area, at the discretion of the board and a duplicate license may be issued for
each additional place: PROVIDED, That the holder of the
master license for the dining place shall not offer alcoholic
beverages for sale, service, and consumption at the additional
place unless food service is available at both the location of
the master license and the duplicate license: PROVIDED
FURTHER, That an additional license fee of twenty dollars
shall be required for such duplicate licenses.
(2) The board, so far as in its judgment is reasonably possible, shall confine spirits, beer, and wine restaurant licenses
to the business districts of cities and towns and other communities, and not grant such licenses in residential districts, nor
within the immediate vicinity of schools, without being lim(2004 Ed.)
Licenses—Stamp Taxes
ited in the administration of this subsection to any specific
distance requirements.
(3) The board shall have discretion to issue spirits, beer,
and wine restaurant licenses outside of cities and towns in the
state of Washington. The purpose of this subsection is to
enable the board, in its discretion, to license in areas outside
of cities and towns and other communities, establishments
which are operated and maintained primarily for the benefit
of tourists, vacationers and travelers, and also golf and country clubs, and common carriers operating dining, club and
buffet cars, or boats.
(4) The total number of spirits, beer, and wine restaurant
licenses issued in the state of Washington by the board, not
including spirits, beer, and wine private club licenses, shall
not in the aggregate at any time exceed one license for each
fifteen hundred of population in the state, determined according to the yearly population determination developed by the
office of financial management pursuant to RCW 43.62.030.
(5) Notwithstanding the provisions of subsection (4) of
this section, the board shall refuse a spirits, beer, and wine
restaurant license to any applicant if in the opinion of the
board the spirits, beer, and wine restaurant licenses already
granted for the particular locality are adequate for the reasonable needs of the community.
(6)(a) The board may issue a caterer's endorsement to
this license to allow the licensee to remove the liquor stocks
at the licensed premises, for use as liquor for sale and service
at event locations at a specified date and, except as provided
in subsection (7) of this section, place not currently licensed
by the board. If the event is open to the public, it must be
sponsored by a society or organization as defined by RCW
66.24.375. If attendance at the event is limited to members or
invited guests of the sponsoring individual, society, or organization, the requirement that the sponsor must be a society
or organization as defined by RCW 66.24.375 is waived.
Cost of the endorsement is three hundred fifty dollars.
(b) The holder of this license with catering endorsement
shall, if requested by the board, notify the board or its designee of the date, time, place, and location of any catered event.
Upon request, the licensee shall provide to the board all necessary or requested information concerning the society or
organization that will be holding the function at which the
endorsed license will be utilized.
(7) Licensees under this section that hold a caterer's
endorsement are allowed to use this endorsement on a
domestic winery premises under the following conditions:
(a) Agreements between the domestic winery and the
retail licensee shall be in writing, contain no exclusivity
clauses regarding the alcohol beverages to be served, and be
filed with the board; and
(b) The domestic winery and the retail licensee shall be
separately contracted and compensated by the persons sponsoring the event for their respective services. [2004 c 62 § 3;
2003 c 345 § 2; 1998 c 126 § 6; 1997 c 321 § 27; 1996 c 218
§ 4; 1995 c 55 § 1; 1981 1st ex.s. c 5 § 45; 1979 c 87 § 1; 1977
ex.s. c 219 § 4; 1975 1st ex.s. c 245 § 1; 1971 ex.s. c 208 § 2;
1970 ex.s. c 13 § 2. Prior: 1969 ex.s. c 178 § 6; 1969 ex.s. c
136 § 1; 1965 ex.s. c 143 § 3; 1949 c 5 § 3 (adding new section 23-S-3 to 1933 ex.s. c 62); Rem. Supp. 1949 § 7306-23S3.]
Effective date—1998 c 126: See note following RCW 66.20.010.
(2004 Ed.)
66.24.440
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—1949 c 5: See RCW 66.98.080.
66.24.425
66.24.425 Liquor by the drink, spirits, beer, and wine
restaurant license—Restaurants not serving the general
public. (1) The board may, in its discretion, issue a spirits,
beer, and wine restaurant license to a business which qualifies as a "restaurant" as that term is defined in RCW
66.24.410 in all respects except that the business does not
serve the general public but, through membership qualification, selectively restricts admission to the business. For purposes of RCW 66.24.400 and 66.24.420, all licenses issued
under this section shall be considered spirits, beer, and wine
restaurant licenses and shall be subject to all requirements,
fees, and qualifications in this title, or in rules adopted by the
board, as are applicable to spirits, beer, and wine restaurant
licenses generally except that no service to the general public
may be required.
(2) No license shall be issued under this section to a business:
(a) Which shall not have been in continuous operation
for at least one year immediately prior to the date of its application; or
(b) Which denies membership or admission to any person because of race, creed, color, national origin, sex, or the
presence of any sensory, mental, or physical handicap.
(3) The board may issue an endorsement to the spirits,
beer, and wine restaurant license issued under this section
that allows up to forty nonclub, member-sponsored events
using club liquor. Visitors and guests may attend these events
only by invitation of the sponsoring member or members.
These events may not be open to the general public. The fee
for the endorsement is an annual fee of nine hundred dollars.
Upon the board's request, the holder of the endorsement must
provide the board or the board's designee with the following
information at least seventy-two hours before the event: The
date, time, and location of the event; the name of the sponsor
of the event; and a brief description of the purpose of the
event.
(4) The board may issue an endorsement to the spirits,
beer, and wine restaurant license that allows the holder of a
spirits, beer, and wine restaurant license to sell for off-premises consumption wine vinted and bottled in the state of
Washington and carrying a label exclusive to the license
holder selling the wine. Spirits and beer may not be sold for
off-premises consumption under this section. The annual fee
for the endorsement under this chapter [section] is one hundred twenty dollars. [2001 c 199 § 3; 2001 c 198 § 1; 1998 c
126 § 7; 1997 c 321 § 28; 1982 c 85 § 3.]
Reviser's note: This section was amended by 2001 c 198 § 1 and by
2001 c 199 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.440
66.24.440 Liquor by the drink, spirits, beer, and wine
restaurant, spirits, beer, and wine private club, and
sports entertainment facility license—Purchase of liquor
[Title 66 RCW—page 41]
66.24.450
Title 66 RCW: Alcoholic Beverage Control
by licensees—Discount. Each spirits, beer, and wine restaurant, spirits, beer, and wine private club, and sports entertainment facility licensee shall be entitled to purchase any spirituous liquor items salable under such license from the board
at a discount of not less than fifteen percent from the retail
price fixed by the board, together with all taxes. [1998 c 126
§ 8; 1997 c 321 § 29; 1949 c 5 § 5 (adding new section 23-S-5
to 1933 ex.s. c 62); Rem. Supp. 1949 § 7306-23S-5.]
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—1949 c 5: See RCW 66.98.080.
66.24.450
66.24.450 Liquor by the drink, spirits, beer, and wine
private club license—Qualifications—Fee. (1) No club
shall be entitled to a spirits, beer, and wine private club
license:
(a) Unless such private club has been in continuous operation for at least one year immediately prior to the date of its
application for such license;
(b) Unless the private club premises be constructed and
equipped, conducted, managed, and operated to the satisfaction of the board and in accordance with this title and the regulations made thereunder;
(c) Unless the board shall have determined pursuant to
any regulations made by it with respect to private clubs, that
such private club is a bona fide private club; it being the
intent of this section that license shall not be granted to a club
which is, or has been, primarily formed or activated to obtain
a license to sell liquor, but solely to a bona fide private club,
where the sale of liquor is incidental to the main purposes of
the spirits, beer, and wine private club, as defined in *RCW
66.04.010(7).
(2) The annual fee for a spirits, beer, and wine private
club license, whether inside or outside of an incorporated city
or town, is seven hundred twenty dollars per year.
(3) The board may issue an endorsement to the spirits,
beer, and wine private club license that allows up to forty
nonclub, member-sponsored events using club liquor. Visitors and guests may attend these events only by invitation of
the sponsoring member or members. These events may not be
open to the general public. The fee for the endorsement shall
be an annual fee of nine hundred dollars. Upon the board's
request, the holder of the endorsement must provide the
board or the board's designee with the following information
at least seventy-two hours prior to the event: The date, time,
and location of the event; the name of the sponsor of the
event; and a brief description of the purpose of the event.
(4) The board may issue an endorsement to the spirits,
beer, and wine private club license that allows the holder of a
spirits, beer, and wine private club license to sell for off-premises consumption wine vinted and bottled in the state of
Washington and carrying a label exclusive to the license
holder selling the wine. Spirits and beer may not be sold for
off-premises consumption under this section. The annual fee
for the endorsement under this chapter [section] is one hundred twenty dollars. [2001 c 199 § 1; 1999 c 281 § 5. Prior:
1998 c 126 § 9; 1998 c 114 § 1; 1997 c 321 § 30; 1981 1st
ex.s. c 5 § 18; 1949 c 5 § 6; 1937 c 217 § 1 (23T) (adding new
section 23-T to 1933 ex.s. c 62); Rem. Supp. 1949 § 730623T.]
[Title 66 RCW—page 42]
*Reviser's note: RCW 66.04.010 was amended by 2004 c 160 § 1,
changing subsection (7) to subsection (8), effective January 1, 2005.
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1998 c 114: "This act takes effect July 1, 1998." [1998
c 114 § 3.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—1949 c 5: See RCW 66.98.080.
66.24.452 Private club beer and wine license—Fee.
(1) There shall be a beer and wine license to be issued to a private club for sale of beer, strong beer, and wine for on-premises consumption.
(2) Beer, strong beer, and wine sold by the licensee may
be on tap or by open bottles or cans.
(3) The fee for the private club beer and wine license is
one hundred eighty dollars per year.
(4) The board may issue an endorsement to the private
club beer and wine license that allows the holder of a private
club beer and wine license to sell for off-premises consumption wine vinted and bottled in the state of Washington and
carrying a label exclusive to the license holder selling the
wine. Spirits, strong beer, and beer may not be sold for offpremises consumption under this section. The annual fee for
the endorsement under this section is one hundred twenty
dollars. [2003 c 167 § 10; 2001 c 199 § 2; 1997 c 321 § 31.]
66.24.452
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.455 Bowling establishments—Extension of
premises to concourse and lane areas—Beer and/or wine
restaurant, tavern, snack bar, spirits, beer, and wine restaurant, spirits, beer, and wine private club, or beer and
wine private club licensees. Subject to approval by the
board, holders of beer and/or wine restaurant, tavern, snack
bar, spirits, beer, and wine restaurant, spirits, beer, and wine
private club, or beer and wine private club licenses may
extend their premises for the sale, service, and consumption
of liquor authorized under their respective licenses to the
concourse or lane areas in a bowling establishment where the
concourse or lane areas are adjacent to the food preparation
service facility. [1998 c 126 § 10; 1997 c 321 § 32; 1994 c
201 § 2; 1974 ex.s. c 65 § 1.]
66.24.455
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.480 Bottle clubs—License required. "Bottle
club" means a club or association operating for profit or otherwise and conducting or maintaining premises in which the
members or other persons may resort for the primary or incidental purpose of keeping or consuming liquor on the premises.
Except as permitted under a license issued by the Washington state liquor control board, it is unlawful for any person
to conduct or maintain by himself or by associating with others, or to in any manner aid, assist, or abet in conducting or
maintaining a bottle club. [1951 c 120 § 2 (adding a new section to Title 66 RCW).]
66.24.480
(2004 Ed.)
Licenses—Stamp Taxes
Reviser's note: As to the constitutionality of this section, see Derby
Club v. Beckett, 41 Wn. 2d 869 (1953).
66.24.481
66.24.481 Public place or club—License or permit
required—Penalty. No public place or club, or agent, servant or employee thereof, shall keep or allow to be kept,
either by itself, its agent, servant or employee, or any other
person, any liquor in any place maintained or conducted by
such public place or club, nor shall it permit the drinking of
any liquor in any such place, unless the sale of liquor in said
place is authorized by virtue of a valid and subsisting license
issued by the Washington state liquor control board, or the
consumption of liquor in said place is authorized by a special
banquet permit issued by said board. Every person who violates any provision of this section shall be guilty of a gross
misdemeanor.
"Public place," for purposes of this section only, shall
mean in addition to the definition set forth in *RCW
66.04.010(24), any place to which admission is charged or in
which any pecuniary gain is realized by the owner or operator
of such place in selling or vending food or soft drinks. [1969
ex.s. c 250 § 2; 1953 c 141 § 1 (adding a new section to chapter 66.24 RCW).]
*Reviser's note: RCW 66.04.010 was amended by 1980 c 140 § 3,
changing subsection (24) to subsection (23). RCW 66.04.010 was subsequently amended by 1997 c 321 § 37, changing subsection (23) to subsection
(27). RCW 66.04.010 was subsequently amended by 2000 c 142 § 1, changing subsection (27) to subsection (28). RCW 66.04.010 was subsequently
amended by 2004 c 160 § 1, changing subsection (28) to subsection (29),
effective January 1, 2005.
66.24.530
(c) Assets of the corporation must be irrevocably dedicated to the activities for which the license is granted and, on
the liquidation, dissolution, or abandonment by the corporation, may not inure directly or indirectly to the benefit of any
member or individual except a nonprofit organization, association, or corporation;
(d) The corporation must be duly licensed or certified
when licensing or certification is required by law or regulation;
(e) The proceeds derived from sales of liquor, except for
reasonable operating costs, must be used in furtherance of the
purposes of the organization;
(f) Services must be available regardless of race, color,
national origin, or ancestry; and
(g) The liquor control board shall have access to its
books in order to determine whether the corporation is entitled to a license.
(3) The term "artistic or cultural exhibitions, presentations, or performances or cultural or art education programs"
includes and is limited to:
(a) An exhibition or presentation of works of art or
objects of cultural or historical significance, such as those
commonly displayed in art or history museums;
(b) A musical or dramatic performance or series of performances; or
(c) An educational seminar or program, or series of such
programs, offered by the organization to the general public
on an artistic, cultural, or historical subject. [1997 c 321 § 33;
1981 c 142 § 1.]
66.24.495
66.24.495 Nonprofit arts organization license—Fee.
(1) There shall be a license to be designated as a nonprofit
arts organization license. This shall be a special license to be
issued to any nonprofit arts organization which sponsors and
presents productions or performances of an artistic or cultural
nature in a specific theater or other appropriate designated
indoor premises approved by the board. The license shall permit the licensee to sell liquor to patrons of productions or performances for consumption on the premises at these events.
The fee for the license shall be two hundred fifty dollars per
annum.
(2) For the purposes of this section, the term "nonprofit
arts organization" means an organization which is organized
and operated for the purpose of providing artistic or cultural
exhibitions, presentations, or performances or cultural or art
education programs, as defined in subsection (3) of this section, for viewing or attendance by the general public. The
organization must be a not-for-profit corporation under chapter 24.03 RCW and managed by a governing board of not less
than eight individuals none of whom is a paid employee of
the organization or by a corporation sole under chapter 24.12
RCW. In addition, the corporation must satisfy the following
conditions:
(a) No part of its income may be paid directly or indirectly to its members, stockholders, officers, directors, or
trustees except in the form of services rendered by the corporation in accordance with its purposes and bylaws;
(b) Salary or compensation paid to its officers and executives must be only for actual services rendered, and at levels
comparable to the salary or compensation of like positions
within the state;
(2004 Ed.)
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.520
66.24.520 Grower's license—Fee. There shall be a
grower's license to sell wine made from grapes or other agricultural products owned at the time of vinification by the licensee in bulk to holders of domestic wineries', distillers', or
manufacturers' licenses or for export. The wine shall be made
upon the premises of a domestic winery licensee and is
referred to in this section as grower's wine. A grower's license
authorizes the agricultural product grower to contract for the
manufacturing of wine from the grower's own agricultural
product, store wine in bulk made from agricultural products
produced by the holder of this license, and to sell wine in bulk
made from the grower's own agricultural products to a winery
or distillery in the state of Washington or to export in bulk for
sale out-of-state. The annual fee for a grower's license shall
be seventy-five dollars. For the purpose of chapter 66.28
RCW, a grower licensee shall be deemed a manufacturer.
[1986 c 214 § 1.]
66.24.530
66.24.530 Duty free exporter's license—Class S—
Fee. (1) There shall be a license to be designated as a class S
license to qualified duty free exporters authorizing such
exporters to sell beer and wine to vessels for consumption
outside the state of Washington.
(2) To qualify for a license under subsection (1) of this
section, the exporter shall have:
(a) An importer's basic permit issued by the United
States bureau of alcohol, tobacco, and firearms and a customs
house license in conjunction with a common carriers bond;
[Title 66 RCW—page 43]
66.24.540
Title 66 RCW: Alcoholic Beverage Control
(b) A customs bonded warehouse, or be able to operate
from a foreign trade zone; and
(c) A notarized signed statement from the purchaser stating that the product is for consumption outside the state of
Washington.
(3) The license for qualified duty free exporters shall
authorize the duty free exporter to purchase from a brewery,
winery, beer wholesaler, wine wholesaler, beer importer, or
wine importer licensed by the state of Washington.
(4) Beer and/or wine sold and delivered in this state to
duty free exporters for use under this section shall be considered exported from the state.
(5) The fee for this license shall be one hundred dollars
per annum. [1987 c 386 § 1.]
66.24.540
66.24.540 Motel license—Fee. There shall be a
retailer's license to be designated as a motel license. The
motel license may be issued to a motel regardless of whether
it holds any other class of license under this title. No license
may be issued to a motel offering rooms to its guests on an
hourly basis. The license authorizes the licensee to:
(1) Sell, at retail, in locked honor bars, spirits in individual bottles not to exceed fifty milliliters, beer in individual
cans or bottles not to exceed twelve ounces, and wine in individual bottles not to exceed one hundred eighty-seven milliliters, to registered guests of the motel for consumption in
guest rooms.
(a) Each honor bar must also contain snack foods. No
more than one-half of the guest rooms may have honor bars.
(b) All spirits to be sold under the license must be purchased from the board.
(c) The licensee shall require proof of age from the guest
renting a guest room and requesting the use of an honor bar.
The guest shall also execute an affidavit verifying that no one
under twenty-one years of age shall have access to the spirits,
beer, and wine in the honor bar.
(2) Provide without additional charge, to overnight
guests of the motel, beer and wine by the individual serving
for on-premises consumption at a specified regular date,
time, and place as may be fixed by the board. Self-service by
attendees is prohibited. All beer and wine service must be
done by an alcohol server as defined in RCW 66.20.300 and
comply with RCW 66.20.310.
The annual fee for a motel license is five hundred dollars.
"Motel" as used in this section means a transient accommodation licensed under chapter 70.62 RCW.
As used in this section, "spirits," "beer," and "wine" have
the meanings defined in RCW 66.04.010. [1999 c 129 § 1;
1997 c 321 § 34; 1993 c 511 § 1.]
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.550
66.24.550 Beer and wine gift delivery license—Fee—
Limitations. There shall be a beer and wine retailer's license
to be designated as a beer and wine gift delivery license to
solicit, take orders for, sell, and deliver beer and/or wine in
bottles and original packages to persons other than the person
placing the order. A beer and wine gift delivery license may
be issued only to a business solely engaged in the sale or sale
and delivery of gifts at retail which holds no other class of
[Title 66 RCW—page 44]
license under this title or to a person in the business of selling
flowers or floral arrangements at retail. No minimum beer
and/or wine inventory requirement shall apply to holders of
beer and wine gift delivery licenses. The fee for this license is
seventy-five dollars per year. Delivery of beer and/or wine
under a beer and wine gift delivery license shall be made in
accordance with all applicable provisions of this title and the
rules of the board, and no beer and/or wine so delivered shall
be opened on any premises licensed under this title. A beer
and wine gift delivery license does not authorize door-todoor solicitation of gift wine delivery orders. Deliveries of
beer and/or wine under a beer and wine gift delivery license
shall be made only in conjunction with gifts or flowers.
[1997 c 321 § 35; 1989 c 149 § 1; 1986 c 40 § 1; 1982 c 85 §
10.]
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.570
66.24.570 Sports/entertainment facility license—
Fee—Caterer's endorsement. (1) There is a license for
sports entertainment facilities to be designated as a
sports/entertainment facility license to sell beer, wine, and
spirits at retail, for consumption upon the premises only, the
license to be issued to the entity providing food and beverage
service at a sports entertainment facility as defined in this
section. The cost of the license is two thousand five hundred
dollars per annum.
(2) For purposes of this section, a sports entertainment
facility includes a publicly or privately owned arena, coliseum, stadium, or facility where sporting events are presented for a price of admission. The facility does not have to
be exclusively used for sporting events.
(3) The board may impose reasonable requirements upon
a licensee under this section, such as requirements for the
availability of food and victuals including but not limited to
hamburgers, sandwiches, salads, or other snack food. The
board may also restrict the type of events at a sports entertainment facility at which beer, wine, and spirits may be served.
When imposing conditions for a licensee, the board must
consider the seating accommodations, eating facilities, and
circulation patterns in such a facility, and other amenities
available at a sports entertainment facility.
(4)(a) The board may issue a caterer's endorsement to the
license under this section to allow the licensee to remove
from the liquor stocks at the licensed premises, for use as
liquor for sale and service at event locations at a specified
date and place not currently licensed by the board. If the
event is open to the public, it must be sponsored by a society
or organization as defined by RCW 66.24.375. If attendance
at the event is limited to members or invited guests of the
sponsoring individual, society, or organization, the requirement that the sponsor must be a society or organization as
defined by RCW 66.24.375 is waived. Cost of the endorsement is three hundred fifty dollars.
(b) The holder of this license with catering endorsement
shall, if requested by the board, notify the board or its designee of the date, time, place, and location of any catered event.
Upon request, the licensee shall provide to the board all necessary or requested information concerning the society or
organization that will be holding the function at which the
endorsed license will be utilized.
(2004 Ed.)
Miscellaneous Regulatory Provisions
(5) The board may issue an endorsement to the beer,
wine, and spirits sports/entertainment facility license that
allows the holder of a beer, wine, and spirits sports/entertainment facility license to sell for off-premises consumption
wine vinted and bottled in the state of Washington and carrying a label exclusive to the license holder selling the wine.
Spirits and beer may not be sold for off-premises consumption under this section. The annual fee for the endorsement
under this section is one hundred twenty dollars. [2003 c 345
§ 3; 2001 c 199 § 5; 1997 c 321 § 36; 1996 c 218 § 1.]
ensee shall be viewed as an annual retail licensee who is making malt liquor
for on-premises consumption by the patrons of the licensed premises."
[1996 c 224 § 1.]
Chapter 66.28 RCW
MISCELLANEOUS REGULATORY PROVISIONS
Chapter 66.28
Sections
66.28.010
Effective date—1997 c 321: See note following RCW 66.24.010.
66.28.030
66.24.580 Public house license—Fees—Limitations.
(1) A public house license allows the licensee:
(a) To annually manufacture no less than two hundred
fifty gallons and no more than two thousand four hundred
barrels of beer on the licensed premises;
(b) To sell product, that is produced on the licensed premises, at retail on the licensed premises for consumption on
the licensed premises;
(c) To sell beer or wine not of its own manufacture for
consumption on the licensed premises if the beer or wine has
been purchased from a licensed beer or wine wholesaler;
(d) To hold other classes of retail licenses at other locations without being considered in violation of RCW
66.28.010;
(e) To apply for and, if qualified and upon the payment
of the appropriate fee, be licensed as a spirits, beer, and wine
restaurant to do business at the same location. This fee is in
addition to the fee charged for the basic public house license.
(2) While the holder of a public house license is not to be
considered in violation of the prohibitions of ownership or
interest in a retail license in RCW 66.28.010, the remainder
of RCW 66.28.010 applies to such licensees.
(3) A public house licensee must pay all applicable taxes
on production as are required by law, and all appropriate
taxes must be paid for any product sold at retail on the
licensed premises.
(4) The employees of the licensee must comply with the
provisions of mandatory server training in RCW 66.20.300
through 66.20.350.
(5) The holder of a public house license may not hold a
wholesaler's or importer's license, act as the agent of another
manufacturer, wholesaler, or importer, or hold a brewery or
winery license.
(6) The annual license fee for a public house is one thousand dollars.
(7) The holder of a public house license may hold other
licenses at other locations if the locations are approved by the
board.
(8) Existing holders of annual retail liquor licenses may
apply for and, if qualified, be granted a public house license
at one or more of their existing liquor licensed locations without discontinuing business during the application or construction stages. [1999 c 281 § 6; 1996 c 224 § 2.]
66.28.040
66.28.042
66.24.580
Intent—1996 c 224: "It is the intent of the legislature that holders of
annual on-premises retail liquor licenses be allowed to operate manufacturing facilities on those premises. This privilege is viewed as a means of
enhancing and meeting the needs of the licensees' patrons without being in
violation of the tied-house statute prohibitions of RCW 66.28.010. Furthermore, it is the intention of the legislature that this type of business not be
viewed as primarily a manufacturing facility. Rather, the public house lic(2004 Ed.)
66.28.010
66.28.043
66.28.045
66.28.050
66.28.060
66.28.070
66.28.080
66.28.090
66.28.100
66.28.110
66.28.120
66.28.130
66.28.140
66.28.150
66.28.155
66.28.160
66.28.170
66.28.180
66.28.190
66.28.200
66.28.210
66.28.220
66.28.230
66.28.240
66.28.260
Manufacturers, importers, and distributors barred from interest
in retail business or location—Advances prohibited—
"Financial interest" defined—Exceptions.
Responsibility of brewer, domestic brewers and microbrewer,
vintner, manufacturer holding certificate approval and
importer for conduct of distributor—Penalties.
Giving away of liquor prohibited—Exceptions.
Providing food and beverages for business meetings permitted.
Providing food, beverages, transportation, and admission to
events permitted.
Furnishing samples to board—Standards for accountability—
Regulations.
Solicitation of orders prohibited.
Distillers to make monthly report—No sale except to board.
Restrictions on purchases of beer or wine by retail licensee,
brewer, winery, wholesaler, special occasion licensees.
Permit for music and dancing upon licensed premises.
Licensed premises or banquet permit premises open to inspection—Failure to allow, violation.
Spirits to be labeled—Contents.
Wine to be labeled—Contents.
Malt liquor to be labeled—Contents.
Selling or serving of liquor to or consumption by standing or
walking person.
Removing family beer or wine from home for exhibition or use
at wine tastings or competitions—Conditions.
Breweries, wineries, distilleries, wholesalers, and agents
authorized to conduct courses of instruction on beer and
wine.
Breweries, wineries, distilleries, wholesalers, and agents
authorized to conduct educational activities on licensed premises of retailer.
Promotion of liquor at colleges and universities.
Wine or malt beverage manufacturers—Discrimination in
price to purchaser for resale prohibited.
Price modification by certain persons, firms, or corporations—
Board notification and approval—Intent—Price posting—
Price filing, contracts, memoranda.
Sales of nonliquor food and food ingredients.
Keg registration—Special endorsement for grocery store licensee—Requirements of seller.
Keg registration—Requirements of purchaser.
Keg registration—Identification of containers—Rules—
Fees—Sale in violation of rules unlawful.
Keg registration—Furnishing to minors—Penalties.
Keg registration—State preemption.
Beer distributors—Restricted transactions.
Grower licensee deemed a manufacturer: RCW 66.24.520.
Labels, unlawful refilling, etc., of trademarked containers: Chapter 19.76
RCW.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
66.28.010
66.28.010 Manufacturers, importers, and distributors barred from interest in retail business or location—
Advances prohibited—"Financial interest" defined—
Exceptions. (Effective until January 1, 2005.) (1)(a) No
manufacturer, importer, or distributor, or person financially
interested, directly or indirectly, in such business; whether
resident or nonresident, shall have any financial interest,
direct or indirect, in any licensed retail business, unless the
retail business is owned by a corporation in which a manufacturer or importer has no direct stock ownership and there are
no interlocking officers and directors, the retail license is held
by a corporation that is not owned directly or indirectly by a
[Title 66 RCW—page 45]
66.28.010
Title 66 RCW: Alcoholic Beverage Control
manufacturer or importer, the sales of liquor are incidental to
the primary activity of operating the property as a hotel, alcoholic beverages produced by the manufacturer or importer or
their subsidiaries are not sold at the licensed premises, and
the board reviews the ownership and proposed method of
operation of all involved entities and determines that there
will not be an unacceptable level of control or undue influence over the operation or the retail licensee; nor shall any
manufacturer, importer, or distributor own any of the property upon which such licensed persons conduct their business; nor shall any such licensed person, under any arrangement whatsoever, conduct his or her business upon property
in which any manufacturer, importer, or distributor has any
interest unless title to that property is owned by a corporation
in which a manufacturer has no direct stock ownership and
there are no interlocking officers or directors, the retail
license is held by a corporation that is not owned directly or
indirectly by the manufacturer, the sales of liquor are incidental to the primary activity of operating the property either as a
hotel or as an amphitheater offering live musical and similar
live entertainment activities to the public, alcoholic beverages produced by the manufacturer or any of its subsidiaries
are not sold at the licensed premises, and the board reviews
the ownership and proposed method of operation of all
involved entities and determines that there will not be an
unacceptable level of control or undue influence over the
operation of the retail licensee. Except as provided in subsection (3) of this section, no manufacturer, importer, or distributor shall advance moneys or moneys' worth to a licensed
person under an arrangement, nor shall such licensed person
receive, under an arrangement, an advance of moneys or
moneys' worth. "Person" as used in this section only shall not
include those state or federally chartered banks, state or federally chartered savings and loan associations, state or federally chartered mutual savings banks, or institutional investors
which are not controlled directly or indirectly by a manufacturer, importer, or distributor as long as the bank, savings and
loan association, or institutional investor does not influence
or attempt to influence the purchasing practices of the retailer
with respect to alcoholic beverages. Except as otherwise provided in this section, no manufacturer, importer, or distributor shall be eligible to receive or hold a retail license under
this title, nor shall such manufacturer, importer, or distributor
sell at retail any liquor as herein defined. A corporation
granted an exemption under this subsection may use debt
instruments issued in connection with financing construction
or operations of its facilities.
(b) Nothing in this section shall prohibit a licensed
domestic brewery or microbrewery from being licensed as a
retailer pursuant to chapter 66.24 RCW for the purpose of
selling beer or wine at retail on the brewery premises and
nothing in this section shall prohibit a domestic winery from
being licensed as a retailer pursuant to chapter 66.24 RCW
for the purpose of selling beer or wine at retail on the winery
premises. Such beer and wine so sold at retail shall be subject
to the taxes imposed by RCW 66.24.290 and 66.24.210 and
to reporting and bonding requirements as prescribed by regulations adopted by the board pursuant to chapter 34.05 RCW,
and beer and wine that is not produced by the brewery or winery shall be purchased from a licensed beer or wine distributor.
[Title 66 RCW—page 46]
(c) Nothing in this section shall prohibit a licensed distiller, domestic brewery, microbrewery, domestic winery, or
a lessee of a licensed domestic brewer, microbrewery, or
domestic winery, from being licensed as a spirits, beer, and
wine restaurant pursuant to chapter 66.24 RCW for the purpose of selling liquor at a spirits, beer, and wine restaurant
premises on the property on which the primary manufacturing facility of the licensed distiller, domestic brewer, microbrewery, or domestic winery is located or on contiguous
property owned or leased by the licensed distiller, domestic
brewer, microbrewery, or domestic winery as prescribed by
rules adopted by the board pursuant to chapter 34.05 RCW.
(d) Nothing in this section prohibits retail licensees with
a caterer's endorsement issued under RCW 66.24.320 or
66.24.420 from operating on a domestic winery premises.
(2) Financial interest, direct or indirect, as used in this
section, shall include any interest, whether by stock ownership, mortgage, lien, or through interlocking directors, or otherwise. Pursuant to rules promulgated by the board in accordance with chapter 34.05 RCW manufacturers, distributors,
and importers may perform, and retailers may accept the service of building, rotating and restocking case displays and
stock room inventories; rotating and rearranging can and bottle displays of their own products; provide point of sale material and brand signs; price case goods of their own brands;
and perform such similar normal business services as the
board may by regulation prescribe.
(3)(a) This section does not prohibit a manufacturer,
importer, or distributor from providing services to a special
occasion licensee for: (i) Installation of draft beer dispensing
equipment or advertising, (ii) advertising, pouring, or dispensing of beer or wine at a beer or wine tasting exhibition or
judging event, or (iii) a special occasion licensee from receiving any such services as may be provided by a manufacturer,
importer, or distributor. Nothing in this section shall prohibit
a retail licensee, or any person financially interested, directly
or indirectly, in such a retail licensee from having a financial
interest, direct or indirect, in a business which provides, for a
compensation commensurate in value to the services provided, bottling, canning or other services to a manufacturer,
so long as the retail licensee or person interested therein has
no direct financial interest in or control of said manufacturer.
(b) A person holding contractual rights to payment from
selling a liquor distributor's business and transferring the
license shall not be deemed to have a financial interest under
this section if the person (i) lacks any ownership in or control
of the distributor, (ii) is not employed by the distributor, and
(iii) does not influence or attempt to influence liquor purchases by retail liquor licensees from the distributor.
(c) The board shall adopt such rules as are deemed necessary to carry out the purposes and provisions of subsection
(3)(a) of this section in accordance with the administrative
procedure act, chapter 34.05 RCW.
(4) A license issued under RCW 66.24.395 does not constitute a retail license for the purposes of this section.
(5) A public house license issued under RCW 66.24.580
does not violate the provisions of this section as to a retailer
having an interest directly or indirectly in a liquor-licensed
manufacturer. [2004 c 62 § 1; 2002 c 109 § 1; 2000 c 177 §
1. Prior: 1998 c 127 § 1; 1998 c 126 § 11; 1997 c 321 § 46;
prior: 1996 c 224 § 3; 1996 c 106 § 1; 1994 c 63 § 1; 1992 c
(2004 Ed.)
Miscellaneous Regulatory Provisions
78 § 1; 1985 c 363 § 1; 1982 c 85 § 7; 1977 ex.s. c 219 § 2;
1975-'76 2nd ex.s. c 74 § 3; 1975 1st ex.s. c 173 § 6; 1937 c
217 § 6; 1935 c 174 § 14; 1933 ex.s. c 62 § 90; RRS § 730690; prior: 1909 c 84 § 1.]
Effective date—1998 c 127: "This act takes effect July 1, 1998." [1998
c 127 § 2.]
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Intent—1996 c 224: See note following RCW 66.24.580.
Effective date—1975-'76 2nd ex.s. c 74: See note following RCW
66.24.310.
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
Giving away of liquor prohibited—Exceptions: RCW 66.28.040.
66.28.010
66.28.010 Manufacturers, importers, distributors,
and authorized representatives barred from interest in
retail business or location—Advances prohibited—
"Financial interest" defined—Exceptions. (Effective January 1, 2005.) (1)(a) No manufacturer, importer, distributor,
or authorized representative, or person financially interested,
directly or indirectly, in such business; whether resident or
nonresident, shall have any financial interest, direct or indirect, in any licensed retail business, unless the retail business
is owned by a corporation in which a manufacturer or
importer has no direct stock ownership and there are no interlocking officers and directors, the retail license is held by a
corporation that is not owned directly or indirectly by a manufacturer or importer, the sales of liquor are incidental to the
primary activity of operating the property as a hotel, alcoholic beverages produced by the manufacturer or importer or
their subsidiaries are not sold at the licensed premises, and
the board reviews the ownership and proposed method of
operation of all involved entities and determines that there
will not be an unacceptable level of control or undue influence over the operation or the retail licensee; nor shall any
manufacturer, importer, distributor, or authorized representative own any of the property upon which such licensed persons conduct their business; nor shall any such licensed person, under any arrangement whatsoever, conduct his or her
business upon property in which any manufacturer, importer,
distributor, or authorized representative has any interest
unless title to that property is owned by a corporation in
which a manufacturer has no direct stock ownership and there
are no interlocking officers or directors, the retail license is
held by a corporation that is not owned directly or indirectly
by the manufacturer, the sales of liquor are incidental to the
primary activity of operating the property either as a hotel or
as an amphitheater offering live musical and similar live
entertainment activities to the public, alcoholic beverages
produced by the manufacturer or any of its subsidiaries are
not sold at the licensed premises, and the board reviews the
ownership and proposed method of operation of all involved
entities and determines that there will not be an unacceptable
level of control or undue influence over the operation of the
retail licensee. Except as provided in subsection (3) of this
section, no manufacturer, importer, distributor, or authorized
representative shall advance moneys or moneys' worth to a
licensed person under an arrangement, nor shall such licensed
person receive, under an arrangement, an advance of moneys
or moneys' worth. "Person" as used in this section only shall
(2004 Ed.)
66.28.010
not include those state or federally chartered banks, state or
federally chartered savings and loan associations, state or
federally chartered mutual savings banks, or institutional
investors which are not controlled directly or indirectly by a
manufacturer, importer, distributor, or authorized representative as long as the bank, savings and loan association, or institutional investor does not influence or attempt to influence
the purchasing practices of the retailer with respect to alcoholic beverages. Except as otherwise provided in this section, no manufacturer, importer, distributor, or authorized
representative shall be eligible to receive or hold a retail
license under this title, nor shall such manufacturer, importer,
distributor, or authorized representative sell at retail any
liquor as herein defined. A corporation granted an exemption
under this subsection may use debt instruments issued in connection with financing construction or operations of its facilities.
(b) Nothing in this section shall prohibit a licensed
domestic brewery or microbrewery from being licensed as a
retailer pursuant to chapter 66.24 RCW for the purpose of
selling beer or wine at retail on the brewery premises and
nothing in this section shall prohibit a domestic winery from
being licensed as a retailer pursuant to chapter 66.24 RCW
for the purpose of selling beer or wine at retail on the winery
premises. Such beer and wine so sold at retail shall be subject
to the taxes imposed by RCW 66.24.290 and 66.24.210 and
to reporting and bonding requirements as prescribed by regulations adopted by the board pursuant to chapter 34.05 RCW,
and beer and wine that is not produced by the brewery or winery shall be purchased from a licensed beer or wine distributor.
(c) Nothing in this section shall prohibit a licensed distiller, domestic brewery, microbrewery, domestic winery, or
a lessee of a licensed domestic brewer, microbrewery, or
domestic winery, from being licensed as a spirits, beer, and
wine restaurant pursuant to chapter 66.24 RCW for the purpose of selling liquor at a spirits, beer, and wine restaurant
premises on the property on which the primary manufacturing facility of the licensed distiller, domestic brewer, microbrewery, or domestic winery is located or on contiguous
property owned or leased by the licensed distiller, domestic
brewer, microbrewery, or domestic winery as prescribed by
rules adopted by the board pursuant to chapter 34.05 RCW.
(d) Nothing in this section prohibits retail licensees with
a caterer's endorsement issued under RCW 66.24.320 or
66.24.420 from operating on a domestic winery premises.
(2) Financial interest, direct or indirect, as used in this
section, shall include any interest, whether by stock ownership, mortgage, lien, or through interlocking directors, or otherwise. Pursuant to rules promulgated by the board in accordance with chapter 34.05 RCW manufacturers, distributors,
and importers may perform, and retailers may accept the service of building, rotating and restocking case displays and
stock room inventories; rotating and rearranging can and bottle displays of their own products; provide point of sale material and brand signs; price case goods of their own brands;
and perform such similar normal business services as the
board may by regulation prescribe.
(3)(a) This section does not prohibit a manufacturer,
importer, or distributor from providing services to a special
occasion licensee for: (i) Installation of draft beer dispensing
[Title 66 RCW—page 47]
66.28.030
Title 66 RCW: Alcoholic Beverage Control
equipment or advertising, (ii) advertising, pouring, or dispensing of beer or wine at a beer or wine tasting exhibition or
judging event, or (iii) a special occasion licensee from receiving any such services as may be provided by a manufacturer,
importer, or distributor. Nothing in this section shall prohibit
a retail licensee, or any person financially interested, directly
or indirectly, in such a retail licensee from having a financial
interest, direct or indirect, in a business which provides, for a
compensation commensurate in value to the services provided, bottling, canning or other services to a manufacturer,
so long as the retail licensee or person interested therein has
no direct financial interest in or control of said manufacturer.
(b) A person holding contractual rights to payment from
selling a liquor distributor's business and transferring the
license shall not be deemed to have a financial interest under
this section if the person (i) lacks any ownership in or control
of the distributor, (ii) is not employed by the distributor, and
(iii) does not influence or attempt to influence liquor purchases by retail liquor licensees from the distributor.
(c) The board shall adopt such rules as are deemed necessary to carry out the purposes and provisions of subsection
(3)(a) of this section in accordance with the administrative
procedure act, chapter 34.05 RCW.
(4) A license issued under RCW 66.24.395 does not constitute a retail license for the purposes of this section.
(5) A public house license issued under RCW 66.24.580
does not violate the provisions of this section as to a retailer
having an interest directly or indirectly in a liquor-licensed
manufacturer. [2004 c 160 § 9; 2004 c 62 § 1; 2002 c 109 §
1; 2000 c 177 § 1. Prior: 1998 c 127 § 1; 1998 c 126 § 11;
1997 c 321 § 46; prior: 1996 c 224 § 3; 1996 c 106 § 1; 1994
c 63 § 1; 1992 c 78 § 1; 1985 c 363 § 1; 1982 c 85 § 7; 1977
ex.s. c 219 § 2; 1975-'76 2nd ex.s. c 74 § 3; 1975 1st ex.s. c
173 § 6; 1937 c 217 § 6; 1935 c 174 § 14; 1933 ex.s. c 62 §
90; RRS § 7306-90; prior: 1909 c 84 § 1.]
Reviser's note: This section was amended by 2004 c 62 § 1 and by
2004 c 160 § 9, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1998 c 127: "This act takes effect July 1, 1998." [1998
c 127 § 2.]
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Intent—1996 c 224: See note following RCW 66.24.580.
Effective date—1975-'76 2nd ex.s. c 74: See note following RCW
66.24.310.
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
Giving away of liquor prohibited—Exceptions: RCW 66.28.040.
66.28.030
66.28.030 Responsibility of brewer, domestic brewers and microbrewer, vintner, manufacturer holding certificate approval and importer for conduct of distributor—Penalties. (Effective until January 1, 2005.) Every
licensed brewer, domestic brewer and microbrewer, domestic
winery, manufacturer holding a certificate of approval,
licensed wine importer, and licensed beer importer shall be
responsible for the conduct of any licensed beer or wine distributor in selling, or contracting to sell, to retail licensees,
beer or wine manufactured by such brewer, domestic brewer
[Title 66 RCW—page 48]
and microbrewer, domestic winery, manufacturer holding a
certificate of approval, or imported by such beer or wine
importer. Where the board finds that any licensed beer or
wine distributor has violated any of the provisions of this title
or of the regulations of the board in selling or contracting to
sell beer or wine to retail licensees, the board may, in addition
to any punishment inflicted or imposed upon such distributor,
prohibit the sale of the brand or brands of beer or wine
involved in such violation to any or all retail licensees within
the trade territory usually served by such distributor for such
period of time as the board may fix, irrespective of whether
the brewer manufacturing such beer or the beer importer
importing such beer or the domestic winery manufacturing
such wine or the wine importer importing such wine or the
certificate of approval holder manufacturing such beer or
wine actually participated in such violation. [1997 c 321 §
47; 1975 1st ex.s. c 173 § 8; 1969 ex.s. c 21 § 6; 1939 c 172
§ 8 (adding new section 27-D to 1933 ex.s. c 62); RRS §
7306-27D.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
66.28.030
66.28.030 Responsibility of breweries, microbreweries, wineries, certificate of approval holders, and importers for conduct of distributors—Penalties. (Effective January 1, 2005.) Every domestic brewery and microbrewery,
domestic winery, certificate of approval holder, licensed
wine importer, and licensed beer importer shall be responsible for the conduct of any licensed beer or wine distributor in
selling, or contracting to sell, to retail licensees, beer or wine
manufactured by such domestic brewery, microbrewery,
domestic winery, manufacturer holding a certificate of
approval, sold by an authorized representative holding a certificate of approval, or imported by such beer or wine
importer. Where the board finds that any licensed beer or
wine distributor has violated any of the provisions of this title
or of the regulations of the board in selling or contracting to
sell beer or wine to retail licensees, the board may, in addition
to any punishment inflicted or imposed upon such distributor,
prohibit the sale of the brand or brands of beer or wine
involved in such violation to any or all retail licensees within
the trade territory usually served by such distributor for such
period of time as the board may fix, irrespective of whether
the brewer manufacturing such beer or the beer importer
importing such beer or the domestic winery manufacturing
such wine or the wine importer importing such wine or the
certificate of approval holder manufacturing such beer or
wine or acting as authorized representative actually participated in such violation. [2004 c 160 § 10; 1997 c 321 § 47;
1975 1st ex.s. c 173 § 8; 1969 ex.s. c 21 § 6; 1939 c 172 § 8
(adding new section 27-D to 1933 ex.s. c 62); RRS § 730627D.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
(2004 Ed.)
Miscellaneous Regulatory Provisions
66.28.040
66.28.040 Giving away of liquor prohibited—Exceptions. (Effective until January 1, 2005.) Except as permitted by the board under RCW 66.20.010, no brewery, distributor, distiller, winery, importer, rectifier, or other manufacturer of liquor shall, within the state, give to any person any
liquor; but nothing in this section nor in RCW 66.28.010 shall
prevent a brewery, distributor, winery, distiller, or importer
from furnishing samples of beer, wine, or spirituous liquor to
authorized licensees for the purpose of negotiating a sale, in
accordance with regulations adopted by the liquor control
board, provided that the samples are subject to taxes imposed
by RCW 66.24.290 and 66.24.210, and in the case of spirituous liquor, any product used for samples must be purchased
at retail from the board; nothing in this section shall prevent
the furnishing of samples of liquor to the board for the purpose of negotiating the sale of liquor to the state liquor control board; nothing in this section shall prevent a brewery,
winery, distillery, or distributor from furnishing beer, wine,
or spirituous liquor for instructional purposes under RCW
66.28.150 and 66.28.155; nothing in this section shall prevent
a winery or distributor from furnishing wine without charge,
subject to the taxes imposed by RCW 66.24.210, to a not-forprofit group organized and operated solely for the purpose of
enology or the study of viticulture which has been in existence for at least six months and that uses wine so furnished
solely for such educational purposes or a domestic winery, or
an out-of-state certificate of approval holder, from furnishing
wine without charge or a domestic brewery, or an out-of-state
certificate of approval holder, from furnishing beer without
charge, subject to the taxes imposed by RCW 66.24.210 or
66.24.290, to a nonprofit charitable corporation or association exempt from taxation under section 501(c)(3) of the
internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) for
use consistent with the purpose or purposes entitling it to
such exemption; nothing in this section shall prevent a
brewer from serving beer without charge, on the brewery premises; nothing in this section shall prevent donations of wine
for the purposes of RCW 66.12.180; and nothing in this section shall prevent a domestic winery from serving wine without charge, on the winery premises. [2000 c 179 § 1. Prior:
1998 c 256 § 1; 1998 c 126 § 12; 1997 c 39 § 1; 1987 c 452 §
15; 1983 c 13 § 2; 1983 c 3 § 165; 1982 1st ex.s. c 26 § 2;
1981 c 182 § 2; 1975 1st ex.s. c 173 § 10; 1969 ex.s. c 21 § 7;
1935 c 174 § 4; 1933 ex.s. c 62 § 30; RRS § 7306-30.]
Effective date—1998 c 126: See note following RCW 66.20.010.
Construction—Effective dates—Severability—1987 c 452: See
RCW 15.88.900 through 15.88.902.
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
66.28.040
66.28.040 Giving away of liquor prohibited—Exceptions. (Effective January 1, 2005.) Except as permitted by
the board under RCW 66.20.010, no domestic brewery,
microbrewery, distributor, distiller, domestic winery,
importer, rectifier, certificate of approval holder, or other
manufacturer of liquor shall, within the state of Washington,
give to any person any liquor; but nothing in this section nor
in RCW 66.28.010 shall prevent a domestic brewery, microbrewery, distributor, domestic winery, distiller, certificate of
approval holder, or importer from furnishing samples of beer,
(2004 Ed.)
66.28.042
wine, or spirituous liquor to authorized licensees for the purpose of negotiating a sale, in accordance with regulations
adopted by the liquor control board, provided that the samples are subject to taxes imposed by RCW 66.24.290 and
66.24.210, and in the case of spirituous liquor, any product
used for samples must be purchased at retail from the board;
nothing in this section shall prevent the furnishing of samples
of liquor to the board for the purpose of negotiating the sale
of liquor to the state liquor control board; nothing in this section shall prevent a domestic brewery, microbrewery, domestic winery, distillery, certificate of approval holder, or distributor from furnishing beer, wine, or spirituous liquor for
instructional purposes under RCW 66.28.150; nothing in this
section shall prevent a domestic winery, certificate of
approval holder, or distributor from furnishing wine without
charge, subject to the taxes imposed by RCW 66.24.210, to a
not-for-profit group organized and operated solely for the
purpose of enology or the study of viticulture which has been
in existence for at least six months and that uses wine so furnished solely for such educational purposes or a domestic
winery, or an out-of-state certificate of approval holder, from
furnishing wine without charge or a domestic brewery, or an
out-of-state certificate of approval holder, from furnishing
beer without charge, subject to the taxes imposed by RCW
66.24.210 or 66.24.290, to a nonprofit charitable corporation
or association exempt from taxation under section 501(c)(3)
of the internal revenue code of 1986 (26 U.S.C. Sec.
501(c)(3)) for use consistent with the purpose or purposes
entitling it to such exemption; nothing in this section shall
prevent a domestic brewery or microbrewery from serving
beer without charge, on the brewery premises; nothing in this
section shall prevent donations of wine for the purposes of
RCW 66.12.180; and nothing in this section shall prevent a
domestic winery from serving wine without charge, on the
winery premises. [2004 c 160 § 11; 2000 c 179 § 1. Prior:
1998 c 256 § 1; 1998 c 126 § 12; 1997 c 39 § 1; 1987 c 452 §
15; 1983 c 13 § 2; 1983 c 3 § 165; 1982 1st ex.s. c 26 § 2;
1981 c 182 § 2; 1975 1st ex.s. c 173 § 10; 1969 ex.s. c 21 § 7;
1935 c 174 § 4; 1933 ex.s. c 62 § 30; RRS § 7306-30.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1998 c 126: See note following RCW 66.20.010.
Construction—Effective dates—Severability—1987 c 452: See
RCW 15.88.900 through 15.88.902.
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
66.28.042
66.28.042 Providing food and beverages for business
meetings permitted. (Effective until January 1, 2005.) A
liquor manufacturer, importer, or wholesaler may provide to
licensed retailers and their employees food and beverages for
consumption at a meeting at which the primary purpose is the
discussion of business, and may provide local ground transportation to and from such meetings. The value of the food,
beverage, or transportation provided under this section shall
not be considered the advancement of moneys or moneys'
worth within the meaning of RCW 66.28.010, nor shall it be
considered the giving away of liquor within the meaning of
RCW 68.28.040. The board may adopt rules for the implementation of this section. [1990 c 125 § 1.]
[Title 66 RCW—page 49]
66.28.042
Title 66 RCW: Alcoholic Beverage Control
66.28.042
66.28.042 Providing food and beverages for business
meetings permitted. (Effective January 1, 2005.) A liquor
manufacturer, importer, authorized representative holding a
certificate of approval, or distributor may provide to licensed
retailers and their employees food and beverages for consumption at a meeting at which the primary purpose is the
discussion of business, and may provide local ground transportation to and from such meetings. The value of the food,
beverage, or transportation provided under this section shall
not be considered the advancement of moneys or moneys'
worth within the meaning of RCW 66.28.010, nor shall it be
considered the giving away of liquor within the meaning of
RCW 68.28.040. The board may adopt rules for the implementation of this section. [2004 c 160 § 12; 1990 c 125 § 1.]
Effective date—2004 c 160: See note following RCW 66.04.010.
66.28.043
66.28.043 Providing food, beverages, transportation,
and admission to events permitted. (Effective until January 1, 2005.) A liquor manufacturer, importer, or wholesaler
may provide to licensed retailers and their employees tickets
or admission fees for athletic events or other forms of entertainment occurring within the state of Washington, if the
manufacturer, importer, wholesaler, or any of their employees accompanies the licensed retailer or its employees to the
event. A liquor manufacturer, importer, or wholesaler may
also provide to licensed retailers and their employees food
and beverages for consumption at such events, and local
ground transportation to and from activities allowed under
this section. The value of the food, beverage, transportation,
or admission to events provided under this section shall not
be considered the advancement of moneys or moneys' worth
within the meaning of RCW 66.28.010, nor shall it be considered the giving away of liquor within the meaning of RCW
68.28.040. The board may adopt rules for the implementation
of this section. [1990 c 125 § 2.]
66.28.043
66.28.043 Providing food, beverages, transportation,
and admission to events permitted. (Effective January 1,
2005.) A liquor manufacturer, importer, authorized representative holding a certificate of approval, or distributor may
provide to licensed retailers and their employees tickets or
admission fees for athletic events or other forms of entertainment occurring within the state of Washington, if the manufacturer, importer, distributor, authorized representative
holding a certificate of approval, or any of their employees
accompanies the licensed retailer or its employees to the
event. A liquor manufacturer, importer, authorized representative holding a certificate of approval, or distributor may
also provide to licensed retailers and their employees food
and beverages for consumption at such events, and local
ground transportation to and from activities allowed under
this section. The value of the food, beverage, transportation,
or admission to events provided under this section shall not
be considered the advancement of moneys or moneys' worth
within the meaning of RCW 66.28.010, nor shall it be considered the giving away of liquor within the meaning of RCW
68.28.040. The board may adopt rules for the implementation of this section. [2004 c 160 § 13; 1990 c 125 § 2.]
Effective date—2004 c 160: See note following RCW 66.04.010.
[Title 66 RCW—page 50]
66.28.045 Furnishing samples to board—Standards
for accountability—Regulations. The legislature finds the
furnishing of samples of liquor to the state liquor control
board is an integral and essential part of the operation of the
state liquor business. The legislature further finds that it is
necessary to establish adequate standards for the accountability of the receipt, use and disposition of liquor samples. The
board shall adopt appropriate regulations pursuant to chapter
34.05 RCW for the purpose of carrying out the provisions of
this section. [1975 1st ex.s. c 173 § 9.]
66.28.045
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
66.28.050 Solicitation of orders prohibited. No person shall canvass for, solicit, receive, or take orders for the
purchase or sale of any liquor, or act as representative for the
purchase or sale of liquor except as authorized by RCW
66.24.310 or by RCW 66.24.550. [1997 c 321 § 49; 1982 c
85 § 11; 1975-'76 2nd ex.s. c 74 § 2; 1969 ex.s. c 21 § 8; 1937
c 217 § 4; 1933 ex.s. c 62 § 42; RRS § 7306-42.]
66.28.050
Effective date—1997 c 321: See note following RCW 66.24.010.
Effective date—1975-'76 2nd ex.s. c 74: See note following RCW
66.24.310.
Effective date—1969 ex.s. c 21: See note following RCW 64.04.010.
66.28.060 Distillers to make monthly report—No sale
except to board. Every distillery licensed under this title
shall make monthly reports to the board pursuant to the regulations. No such distillery shall make any sale of spirits
within the state of Washington except to the board. [1933
ex.s. c 62 § 26; RRS § 7306-26.]
66.28.060
66.28.070 Restrictions on purchases of beer or wine
by retail licensee, brewer, winery, wholesaler, special
occasion licensees. (1) Except as provided in subsection (2)
of this section, it shall be unlawful for any retail beer or wine
licensee to purchase beer or wine, except from a duly
licensed wholesaler or the board, and it shall be unlawful for
any brewer, winery, or beer or wine wholesaler to purchase
beer or wine, except from a duly licensed beer or wine wholesaler or importer.
(2) A beer or wine retailer licensee may purchase beer or
wine from a government agency which has lawfully seized
beer or wine from a licensed beer or wine retailer, or from a
board-authorized retailer, or from a licensed retailer which
has discontinued business if the wholesaler has refused to
accept beer or wine from that retailer for return and refund.
Beer and wine purchased under this subsection shall meet the
quality standards set by its manufacturer.
(3) Special occasion licensees holding either a *class G
or J license may only purchase beer or wine from a beer or
wine retailer duly licensed to sell beer or wine for off-premises consumption, the board, or from a duly licensed beer or
wine wholesaler. [1994 c 201 § 5; 1994 c 63 § 2; 1987 c 205
§ 1; 1937 c 217 § 1(23H) (adding new section 23-H to 1933
ex.s. c 62); RRS § 7306-23H.]
66.28.070
Reviser's note: *(1) "Class G licenses" were redesignated as "special
occasion licenses" by 1997 c 321 § 24, effective July 1, 1998. RCW
66.24.500, governing class J licenses, was repealed by 1997 c 321 § 63,
effective July 1, 1998. "Class J licenses" were replaced by "special occasion
licenses" under RCW 66.24.380.
(2) This section was amended by 1994 c 63 § 2 and by 1994 c 201 § 5,
(2004 Ed.)
Miscellaneous Regulatory Provisions
each without reference to the other. Both amendments are incorporated in the
publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
66.28.150
ducer, manufacturer or bottler thereof and such other information as the board may by regulation prescribe. [1939 c 172
§ 4; 1933 ex.s. c 62 § 45; RRS § 7306-45.]
66.28.080
66.28.080 Permit for music and dancing upon
licensed premises. It shall be unlawful for any person, firm
or corporation holding any retailer's license to permit or
allow upon the premises licensed any music, dancing, or
entertainment whatsoever, unless and until permission
thereto is specifically granted by appropriate license or permit of the proper authorities of the city or town in which such
licensed premises are situated, or the board of county commissioners, if the same be situated outside an incorporated
city or town: PROVIDED, That the words "music and entertainment," as herein used, shall not apply to radios or
mechanical musical devices. [1969 ex.s. c 178 § 8; 1949 c 5
§ 7; 1937 c 217 § 3 (adding new section 27-A to 1933 ex.s. c
62); Rem. Supp. 1949 § 7306-27A.]
66.28.120
66.28.120 Malt liquor to be labeled—Contents.
Every person manufacturing or distributing malt liquor for
sale within the state shall put upon all packages containing
malt liquor so manufactured or distributed a distinctive label
showing the nature of the contents, the name of the person by
whom the malt liquor was manufactured, and the place where
it was manufactured. For the purpose of this section, the contents of packages containing malt liquor shall be shown by
the use of the word "beer," "ale," "malt liquor," "lager,"
"stout," or "porter," on the outside of the packages. [1997 c
100 § 1; 1982 c 39 § 2; 1961 c 36 § 1; 1933 ex.s. c 62 § 44;
RRS § 7306-44.]
Severability—1982 c 39: See note following RCW 66.04.010.
Severability—1949 c 5: See RCW 66.98.080.
66.28.130
66.28.090
66.28.090 Licensed premises or banquet permit premises open to inspection—Failure to allow, violation. (1)
All licensed premises used in the manufacture, storage, or
sale of liquor, or any premises or parts of premises used or in
any way connected, physically or otherwise, with the
licensed business, and/or any premises where a banquet permit has been granted, shall at all times be open to inspection
by any liquor enforcement officer, inspector or peace officer.
(2) Every person, being on any such premises and having
charge thereof, who refuses or fails to admit a liquor enforcement officer, inspector or peace officer demanding to enter
therein in pursuance of this section in the execution of his/her
duty, or who obstructs or attempts to obstruct the entry of
such liquor enforcement officer, inspector or officer of the
peace, or who refuses to allow a liquor enforcement officer,
and/or an inspector to examine the books of the licensee, or
who refuses or neglects to make any return required by this
title or the regulations, shall be guilty of a violation of this
title. [1981 1st ex.s. c 5 § 20; 1935 c 174 § 7; 1933 ex.s. c 62
§ 52; RRS § 7306-52.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.28.100
66.28.100 Spirits to be labeled—Contents. Every person manufacturing spirits as defined in this title shall put
upon all packages containing spirits so manufactured a distinctive label, showing the nature of the contents, the name of
the person by whom the spirits were manufactured, the place
where the spirits were manufactured, and showing the alcoholic content of such spirits. For the purpose of this section
the contents of packages containing spirits shall be shown by
the use of the words "whiskey", "rum", "brandy", and the
like, on the outside of such packages. [1933 ex.s. c 62 § 46;
RRS § 7306-46.]
66.28.110
66.28.110 Wine to be labeled—Contents. Every person producing, manufacturing, bottling or distributing wine
shall put upon all packages a distinctive label such as will
provide the consumer with adequate information as to the
identity and quality of the product, the alcoholic content
thereof, the net contents of the package, the name of the pro(2004 Ed.)
66.28.130 Selling or serving of liquor to or consumption by standing or walking person. It shall not be unlawful
for a retail licensee whose premises are open to the general
public to sell, supply or serve liquor to a person for consumption on the licensed retail premises if said person is standing
or walking, nor shall it be unlawful for such licensee to permit any said person so standing or walking to consume liquor
on such premises: PROVIDED HOWEVER, That the retail
licensee of such a premises may at his discretion, promulgate
a house rule that no person shall be served nor allowed to
consume liquor unless said person is seated. [1969 ex.s. c
112 § 2.]
66.28.140
66.28.140 Removing family beer or wine from home
for exhibition or use at wine tastings or competitions—
Conditions. (1) An adult member of a household may
remove family beer or wine from the home for exhibition or
use at organized beer or wine tastings or competitions, subject to the following conditions:
(a) The quantity removed by a producer for these purposes is limited to a quantity not exceeding one gallon;
(b) Family beer or wine is not removed for sale or for the
use of any person other than the producer. This subparagraph
does not preclude any necessary tasting of the beer or wine
when the exhibition or beer or wine tasting includes judging
the merits of the wine by judges who have been selected by
the organization sponsoring the affair; and
(c) When the display contest or judging purpose has been
served, any remaining portion of the sample is returned to the
family premises from which removed.
(2) As used in this section, "family beer or wine" means
beer or wine manufactured in the home for consumption
therein, and not for sale. [1994 c 201 § 6; 1981 c 255 § 2.]
66.28.150
66.28.150 Breweries, wineries, distilleries, wholesalers, and agents authorized to conduct courses of instruction on beer and wine. (Effective until January 1, 2005.) A
brewery, winery, distillery, wholesaler, or its licensed agent
may, without charge, instruct licensees and their employees,
or conduct courses of instruction for licensees and their
employees, on the subject of beer, wine, or spirituous liquor,
including but not limited to, the history, nature, values, and
[Title 66 RCW—page 51]
66.28.150
Title 66 RCW: Alcoholic Beverage Control
characteristics of beer, wine, or spirituous liquor, the use of
wine lists, and the methods of presenting, serving, storing,
and handling beer, wine, or spirituous liquor. The brewery,
winery, distillery, wholesaler, or its licensed agent may furnish beer, wine, or spirituous liquor and such other equipment, materials, and utensils as may be required for use in
connection with the instruction or courses of instruction. The
instruction or courses of instruction may be given at the premises of the brewery, winery, distillery, or wholesaler, at the
premises of a retail licensee, or elsewhere. [1997 c 39 § 2;
1982 1st ex.s. c 26 § 1.]
66.28.150
66.28.150 Breweries, microbreweries, wineries, distilleries, distributors, certificate of approval holders, and
agents authorized to conduct courses of instruction on
beer and wine. (Effective January 1, 2005.) A domestic
brewery, microbrewery, domestic winery, distillery, distributor, certificate of approval holder, or its licensed agent may,
without charge, instruct licensees and their employees, or
conduct courses of instruction for licensees and their employees, on the subject of beer, wine, or spirituous liquor, including but not limited to, the history, nature, values, and characteristics of beer, wine, or spirituous liquor, the use of wine
lists, and the methods of presenting, serving, storing, and
handling beer, wine, or spirituous liquor. The domestic
brewery, microbrewery, domestic winery, distillery, distributor, certificate of approval holder, or its licensed agent may
furnish beer, wine, or spirituous liquor and such other equipment, materials, and utensils as may be required for use in
connection with the instruction or courses of instruction. The
instruction or courses of instruction may be given at the premises of the domestic brewery, microbrewery, domestic winery, distillery, or authorized representative holding a certificate of approval, at the premises of a retail licensee, or elsewhere within the state of Washington. [2004 c 160 § 14;
1997 c 39 § 2; 1982 1st ex.s. c 26 § 1.]
Effective date—2004 c 160: See note following RCW 66.04.010.
educational activities or product information shall not be considered advancement of moneys or of moneys' worth within
the meaning of RCW 66.28.010. [1997 c 39 § 3; 1984 c 196
§ 1.]
66.28.155
66.28.155 Breweries, microbreweries, wineries, distilleries, distributors, certificate of approval holders, and
agents authorized to conduct educational activities on
licensed premises of retailer. (Effective January 1, 2005.)
A domestic brewery, microbrewery, domestic winery, distillery, distributor, certificate of approval holder, or its licensed
agent may conduct educational activities or provide product
information to the consumer on the licensed premises of a
retailer. Information on the subject of wine, beer, or spirituous liquor, including but not limited to, the history, nature,
quality, and characteristics of a wine, beer, or spirituous
liquor, methods of harvest, production, storage, handling, and
distribution of a wine, beer, or spirituous liquor, and the general development of the wine, beer, and spirituous liquor
industry may be provided by a domestic brewery, microbrewery, domestic winery, distillery, distributor, certificate of
approval holder, or its licensed agent to the public on the
licensed premises of a retailer. The retailer requesting such
activity shall attempt to schedule a series of brewery, winery,
authorized representative, or distillery and distributor appearances in an effort to equitably represent the industries. Nothing in this section permits a domestic brewery, microbrewery, domestic winery, distillery, distributor, certificate of
approval holder, or its licensed agent to receive compensation
or financial benefit from the educational activities or product
information presented on the licensed premises of a retailer.
The promotional value of such educational activities or product information shall not be considered advancement of moneys or of moneys' worth within the meaning of RCW
66.28.010. [2004 c 160 § 15; 1997 c 39 § 3; 1984 c 196 § 1.]
Effective date—2004 c 160: See note following RCW 66.04.010.
66.28.160
66.28.155
66.28.155 Breweries, wineries, distilleries, wholesalers, and agents authorized to conduct educational activities on licensed premises of retailer. (Effective until January 1, 2005.) A brewery, winery, distillery, wholesaler, or its
licensed agent may conduct educational activities or provide
product information to the consumer on the licensed premises
of a retailer. Information on the subject of wine, beer, or spirituous liquor, including but not limited to, the history, nature,
quality, and characteristics of a wine, beer, or spirituous
liquor, methods of harvest, production, storage, handling, and
distribution of a wine, beer, or spirituous liquor, and the general development of the wine, beer, and spirituous liquor
industry may be provided by a brewery, winery, distillery,
wholesaler, or its licensed agent to the public on the licensed
premises of a retailer. The retailer requesting such activity
shall attempt to schedule a series of brewery, winery, or distillery and wholesaler appearances in an effort to equitably
represent the industries. Nothing in this section permits a
brewery, winery, distillery, wholesaler, or its licensed agent
to receive compensation or financial benefit from the educational activities or product information presented on the
licensed premises of a retailer. The promotional value of such
[Title 66 RCW—page 52]
66.28.160 Promotion of liquor at colleges and universities. (Effective until January 1, 2005.) No liquor manufacturer, importer, wholesaler, retailer, agent thereof, or campus representative of any of the foregoing, may conduct promotional activities for any liquor product on the campus of
any college or university nor may any such entities engage in
activities that facilitate or promote the consumption of alcoholic beverages by the students of the college or university at
which the activity takes place. This section does not prohibit
the following:
(1) The sale of alcoholic beverages, by retail licensees on
their licensed premises, to persons of legal age and condition
to consume alcoholic beverages;
(2) Sponsorship of broadcasting services for events on a
college or university campus;
(3) Liquor advertising in campus publications; or
(4) Financial assistance to an activity and acknowledgment of the source of the assistance, if the assistance, activity,
and acknowledgment are each approved by the college or
university administration. [1985 c 352 § 20.]
Severability—1985 c 352: See note following RCW 10.05.010.
(2004 Ed.)
Miscellaneous Regulatory Provisions
66.28.160
66.28.160 Promotion of liquor at colleges and universities. (Effective January 1, 2005.) No liquor manufacturer,
importer, distributor, retailer, authorized representative holding a certificate of approval, agent thereof, or campus representative of any of the foregoing, may conduct promotional
activities for any liquor product on the campus of any college
or university nor may any such entities engage in activities
that facilitate or promote the consumption of alcoholic beverages by the students of the college or university at which the
activity takes place. This section does not prohibit the following:
(1) The sale of alcoholic beverages, by retail licensees on
their licensed premises, to persons of legal age and condition
to consume alcoholic beverages;
(2) Sponsorship of broadcasting services for events on a
college or university campus;
(3) Liquor advertising in campus publications; or
(4) Financial assistance to an activity and acknowledgment of the source of the assistance, if the assistance, activity,
and acknowledgment are each approved by the college or
university administration. [2004 c 160 § 16; 1985 c 352 §
20.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Severability—1985 c 352: See note following RCW 10.05.010.
66.28.170
66.28.170 Wine or malt beverage manufacturers—
Discrimination in price to purchaser for resale prohibited. (Effective until January 1, 2005.) It is unlawful for a
manufacturer of wine or malt beverages holding a certificate
of approval issued under RCW 66.24.270 or 66.24.206, a
brewery license, or a domestic winery license to discriminate
in price in selling to any purchaser for resale in the state.
[1997 c 321 § 50; 1985 c 226 § 3.]
Effective date—1997 c 321: See note following RCW 66.24.010.
66.28.170
66.28.170 Wine or malt beverage manufacturers—
Discrimination in price to purchaser for resale prohibited. (Effective January 1, 2005.) It is unlawful for a manufacturer of wine or malt beverages holding a certificate of
approval issued under RCW 66.24.270 or 66.24.206 or the
manufacturer's authorized representative, a brewery, or a
domestic winery to discriminate in price in selling to any purchaser for resale in the state of Washington. [2004 c 160 §
17; 1997 c 321 § 50; 1985 c 226 § 3.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.28.180
66.28.180 Price modification by certain persons,
firms, or co rporatio ns—Boa rd not ification a nd
approval—Intent—Price posting—Price filing, contracts,
memoranda. (Effective until January 1, 2005.) It is unlawful for a person, firm, or corporation holding a certificate of
approval issued under RCW 66.24.270 or 66.24.206, a beer
distributor's license, a domestic brewer's license, a microbrewer's license, a beer importer's license, a beer distributor's
license, a domestic winery license, a wine importer's license,
or a wine distributor's license within the state of Washington
to modify any prices without prior notification to and
approval of the board.
(2004 Ed.)
66.28.180
(1) Intent. This section is enacted, pursuant to the
authority of this state under the twenty-first amendment to
the United States Constitution, to promote the public's interest in fostering the orderly and responsible distribution of
malt beverages and wine towards effective control of consumption; to promote the fair and efficient three-tier system
of distribution of such beverages; and to confirm existing
board rules as the clear expression of state policy to regulate
the manner of selling and pricing of wine and malt beverages
by licensed suppliers and distributors.
(2) Beer and wine distributor price posting.
(a) Every beer or wine distributor shall file with the
board at its office in Olympia a price posting showing the
wholesale prices at which any and all brands of beer and wine
sold by such beer and/or wine distributor shall be sold to
retailers within the state.
(b) Each price posting shall be made on a form prepared
and furnished by the board, or a reasonable facsimile thereof,
and shall set forth:
(i) All brands, types, packages, and containers of beer
offered for sale by such beer and/or wine distributor;
(ii) The wholesale prices thereof to retail licensees,
including allowances, if any, for returned empty containers.
(c) No beer and/or wine distributor may sell or offer to
sell any package or container of beer or wine to any retail licensee at a price differing from the price for such package or
container as shown in the price posting filed by the beer
and/or wine distributor and then in effect, according to rules
adopted by the board.
(d) Quantity discounts are prohibited. No price may be
posted that is below acquisition cost plus ten percent of
acquisition cost. However, the board is empowered to review
periodically, as it may deem appropriate, the amount of the
percentage of acquisition cost as a minimum mark-up over
cost and to modify such percentage by rule of the board,
except such percentage shall be not less than ten percent.
(e) Distributor prices on a "close-out" item shall be
accepted by the board if the item to be discontinued has been
listed on the state market for a period of at least six months,
and upon the further condition that the distributor who posts
such a close-out price shall not restock the item for a period
of one year following the first effective date of such close-out
price.
(f) The board may reject any price posting that it deems
to be in violation of this section or any rule, or portion
thereof, or that would tend to disrupt the orderly sale and distribution of beer and wine. Whenever the board rejects any
posting, the licensee submitting the posting may be heard by
the board and shall have the burden of showing that the posting is not in violation of this section or a rule or does not tend
to disrupt the orderly sale and distribution of beer and wine.
If the posting is accepted, it shall become effective at the time
fixed by the board. If the posting is rejected, the last effective
posting shall remain in effect until such time as an amended
posting is filed and approved, in accordance with the provisions of this section.
(g) Prior to the effective date of the posted prices, all
price postings filed as required by this section constitute
investigative information and shall not be subject to disclosure, pursuant to RCW 42.17.310(1)(d).
[Title 66 RCW—page 53]
66.28.180
Title 66 RCW: Alcoholic Beverage Control
(h) Any beer and/or wine distributor or employee authorized by the distributor-employer may sell beer and/or wine
at the distributor's posted prices to any annual or special occasion retail licensee upon presentation to the distributor or
employee at the time of purchase of a special permit issued
by the board to such licensee.
(i) Every annual or special occasion retail licensee, upon
purchasing any beer and/or wine from a distributor, shall
immediately cause such beer or wine to be delivered to the
licensed premises, and the licensee shall not thereafter permit
such beer to be disposed of in any manner except as authorized by the license.
(ii) Beer and wine sold as provided in this section shall
be delivered by the distributor or an authorized employee
either to the retailer's licensed premises or directly to the
retailer at the distributor's licensed premises. A distributor's
prices to retail licensees shall be the same at both such places
of delivery.
(3) Beer and wine suppliers' price filings, contracts, and
memoranda.
(a) Every brewery and winery offering beer and/or wine
for sale within the state shall file with the board at its office in
Olympia a copy of every written contract and a memorandum
of every oral agreement which such brewery or winery may
have with any beer or wine distributor, which contracts or
memoranda shall contain a schedule of prices charged to distributors for all items and all terms of sale, including all regular and special discounts; all advertising, sales and trade
allowances, and incentive programs; and all commissions,
bonuses or gifts, and any and all other discounts or allowances. Whenever changed or modified, such revised contracts or memoranda shall forthwith be filed with the board as
provided for by rule. The provisions of this section also
apply to certificate of approval holders, beer and/or wine
importers, and beer and/or wine distributors who sell to other
beer and/or wine distributors.
Each price schedule shall be made on a form prepared
and furnished by the board, or a reasonable facsimile thereof,
and shall set forth all brands, types, packages, and containers
of beer or wine offered for sale by such licensed brewery or
winery; all additional information required may be filed as a
supplement to the price schedule forms.
(b) Prices filed by a brewery or winery shall be uniform
prices to all distributors on a statewide basis less bona fide
allowances for freight differentials. Quantity discounts are
prohibited. No price shall be filed that is below acquisition/production cost plus ten percent of that cost, except that
acquisition cost plus ten percent of acquisition cost does not
apply to sales of beer or wine between a beer or wine
importer who sells beer or wine to another beer or wine
importer or to a beer or wine distributor, or to a beer or wine
distributor who sells beer or wine to another beer or wine distributor. However, the board is empowered to review periodically, as it may deem appropriate, the amount of the percentage of acquisition/production cost as a minimum mark-up
over cost and to modify such percentage by rule of the board,
except such percentage shall be not less than ten percent.
(c) No brewery, winery, certificate of approval holder,
beer or wine importer, or beer or wine distributor may sell or
offer to sell any beer or wine to any persons whatsoever in
[Title 66 RCW—page 54]
this state until copies of such written contracts or memoranda
of such oral agreements are on file with the board.
(d) No brewery or winery may sell or offer to sell any
package or container of beer or wine to any distributor at a
price differing from the price for such package or container as
shown in the schedule of prices filed by the brewery or winery and then in effect, according to rules adopted by the
board.
(e) The board may reject any supplier's price filing, contract, or memorandum of oral agreement, or portion thereof
that it deems to be in violation of this section or any rule or
that would tend to disrupt the orderly sale and distribution of
beer or wine. Whenever the board rejects any such price filing, contract, or memorandum, the licensee submitting the
price filing, contract, or memorandum may be heard by the
board and shall have the burden of showing that the price filing, contract, or memorandum is not in violation of this section or a rule or does not tend to disrupt the orderly sale and
distribution of beer or wine. If the price filing, contract, or
memorandum is accepted, it shall become effective at a time
fixed by the board. If the price filing, contract, or memorandum, or portion thereof, is rejected, the last effective price filing, contract, or memorandum shall remain in effect until
such time as an amended price filing, contract, or memorandum is filed and approved, in accordance with the provisions
of this section.
(f) Prior to the effective date of the posted prices, all
prices, contracts, and memoranda filed as required by this
section constitute investigative information and shall not be
subject to disclosure, pursuant to RCW 42.17.310(1)(d).
[2004 c 269 § 1; 1997 c 321 § 51; 1995 c 232 § 10; 1985 c 226
§ 4.]
Effective date—2004 c 269: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 31, 2004]." [2004 c 269 § 2.]
Effective date—1997 c 321: See note following RCW 66.24.010.
66.28.180
66.28.180 Price modification by certain persons,
firms, or corporations—Boa rd notification and
approval—Intent—Price posting—Price filing, contracts,
memoranda. (Effective January 1, 2005.) It is unlawful for
a person, firm, or corporation holding a certificate of
approval issued under RCW 66.24.270 or 66.24.206, a beer
distributor's license, a domestic brewery license, a microbrewery license, a beer importer's license, a beer distributor's
license, a domestic winery license, a wine importer's license,
or a wine distributor's license within the state of Washington
to modify any prices without prior notification to and
approval of the board.
(1) Intent. This section is enacted, pursuant to the
authority of this state under the twenty-first amendment to
the United States Constitution, to promote the public's interest in fostering the orderly and responsible distribution of
malt beverages and wine towards effective control of consumption; to promote the fair and efficient three-tier system
of distribution of such beverages; and to confirm existing
board rules as the clear expression of state policy to regulate
the manner of selling and pricing of wine and malt beverages
by licensed suppliers and distributors.
(2) Beer and wine distributor price posting.
(2004 Ed.)
Miscellaneous Regulatory Provisions
(a) Every beer or wine distributor shall file with the
board at its office in Olympia a price posting showing the
wholesale prices at which any and all brands of beer and wine
sold by such beer and/or wine distributor shall be sold to
retailers within the state.
(b) Each price posting shall be made on a form prepared
and furnished by the board, or a reasonable facsimile thereof,
and shall set forth:
(i) All brands, types, packages, and containers of beer
offered for sale by such beer and/or wine distributor;
(ii) The wholesale prices thereof to retail licensees,
including allowances, if any, for returned empty containers.
(c) No beer and/or wine distributor may sell or offer to
sell any package or container of beer or wine to any retail licensee at a price differing from the price for such package or
container as shown in the price posting filed by the beer
and/or wine distributor and then in effect, according to rules
adopted by the board.
(d) Quantity discounts are prohibited. No price may be
posted that is below acquisition cost plus ten percent of
acquisition cost. However, the board is empowered to review
periodically, as it may deem appropriate, the amount of the
percentage of acquisition cost as a minimum mark-up over
cost and to modify such percentage by rule of the board,
except such percentage shall be not less than ten percent.
(e) Distributor prices on a "close-out" item shall be
accepted by the board if the item to be discontinued has been
listed on the state market for a period of at least six months,
and upon the further condition that the distributor who posts
such a close-out price shall not restock the item for a period
of one year following the first effective date of such close-out
price.
(f) The board may reject any price posting that it deems
to be in violation of this section or any rule, or portion
thereof, or that would tend to disrupt the orderly sale and distribution of beer and wine. Whenever the board rejects any
posting, the licensee submitting the posting may be heard by
the board and shall have the burden of showing that the posting is not in violation of this section or a rule or does not tend
to disrupt the orderly sale and distribution of beer and wine.
If the posting is accepted, it shall become effective at the time
fixed by the board. If the posting is rejected, the last effective
posting shall remain in effect until such time as an amended
posting is filed and approved, in accordance with the provisions of this section.
(g) Prior to the effective date of the posted prices, all
price postings filed as required by this section constitute
investigative information and shall not be subject to disclosure, pursuant to RCW 42.17.310(1)(d).
(h) Any beer and/or wine distributor or employee authorized by the distributor-employer may sell beer and/or wine
at the distributor's posted prices to any annual or special occasion retail licensee upon presentation to the distributor or
employee at the time of purchase of a special permit issued
by the board to such licensee.
(i) Every annual or special occasion retail licensee, upon
purchasing any beer and/or wine from a distributor, shall
immediately cause such beer or wine to be delivered to the
licensed premises, and the licensee shall not thereafter permit
such beer to be disposed of in any manner except as authorized by the license.
(2004 Ed.)
66.28.180
(ii) Beer and wine sold as provided in this section shall
be delivered by the distributor or an authorized employee
either to the retailer's licensed premises or directly to the
retailer at the distributor's licensed premises. A distributor's
prices to retail licensees shall be the same at both such places
of delivery.
(3) Beer and wine suppliers' price filings, contracts, and
memoranda.
(a) Every domestic brewery, microbrewery, and domestic winery offering beer and/or wine for sale within the state
shall file with the board at its office in Olympia a copy of
every written contract and a memorandum of every oral
agreement which such brewery or winery may have with any
beer or wine distributor, which contracts or memoranda shall
contain a schedule of prices charged to distributors for all
items and all terms of sale, including all regular and special
discounts; all advertising, sales and trade allowances, and
incentive programs; and all commissions, bonuses or gifts,
and any and all other discounts or allowances. Whenever
changed or modified, such revised contracts or memoranda
shall forthwith be filed with the board as provided for by rule.
The provisions of this section also apply to certificate of
approval holders, beer and/or wine importers, and beer and/or
wine distributors who sell to other beer and/or wine distributors.
Each price schedule shall be made on a form prepared
and furnished by the board, or a reasonable facsimile thereof,
and shall set forth all brands, types, packages, and containers
of beer or wine offered for sale by such licensed brewery or
winery; all additional information required may be filed as a
supplement to the price schedule forms.
(b) Prices filed by a domestic brewery, microbrewery,
domestic winery, or certificate of approval holder shall be
uniform prices to all distributors on a statewide basis less
bona fide allowances for freight differentials. Quantity discounts are prohibited. No price shall be filed that is below
acquisition/production cost plus ten percent of that cost,
except that acquisition cost plus ten percent of acquisition
cost does not apply to sales of beer or wine between a beer or
wine importer who sells beer or wine to another beer or wine
importer or to a beer or wine distributor, or to a beer or wine
distributor who sells beer or wine to another beer or wine distributor. However, the board is empowered to review periodically, as it may deem appropriate, the amount of the percentage of acquisition/production cost as a minimum mark-up
over cost and to modify such percentage by rule of the board,
except such percentage shall be not less than ten percent.
(c) No domestic brewery, microbrewery, domestic winery, certificate of approval holder, beer or wine importer, or
beer or wine distributor may sell or offer to sell any beer or
wine to any persons whatsoever in this state until copies of
such written contracts or memoranda of such oral agreements
are on file with the board.
(d) No domestic brewery, microbrewery, domestic winery, or certificate of approval holder may sell or offer to sell
any package or container of beer or wine to any distributor at
a price differing from the price for such package or container
as shown in the schedule of prices filed by the domestic
brewery, microbrewery, domestic winery, or certificate of
approval holder and then in effect, according to rules adopted
by the board.
[Title 66 RCW—page 55]
66.28.190
Title 66 RCW: Alcoholic Beverage Control
(e) The board may reject any supplier's price filing, contract, or memorandum of oral agreement, or portion thereof
that it deems to be in violation of this section or any rule or
that would tend to disrupt the orderly sale and distribution of
beer or wine. Whenever the board rejects any such price filing, contract, or memorandum, the licensee submitting the
price filing, contract, or memorandum may be heard by the
board and shall have the burden of showing that the price filing, contract, or memorandum is not in violation of this section or a rule or does not tend to disrupt the orderly sale and
distribution of beer or wine. If the price filing, contract, or
memorandum is accepted, it shall become effective at a time
fixed by the board. If the price filing, contract, or memorandum, or portion thereof, is rejected, the last effective price filing, contract, or memorandum shall remain in effect until
such time as an amended price filing, contract, or memorandum is filed and approved, in accordance with the provisions
of this section.
(f) Prior to the effective date of the posted prices, all
prices, contracts, and memoranda filed as required by this
section constitute investigative information and shall not be
subject to disclosure, pursuant to RCW 42.17.310(1)(d).
[2004 c 269 § 1; 2004 c 160 § 18; 1997 c 321 § 51; 1995 c 232
§ 10; 1985 c 226 § 4.]
Reviser's note: This section was amended by 2004 c 160 § 18 and by
2004 c 269 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2004 c 269: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 31, 2004]." [2004 c 269 § 2.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.28.190
66.28.190 Sales of nonliquor food and food ingredients. RCW 66.28.010 notwithstanding, persons licensed
under RCW 66.24.200 as wine distributors and persons
licensed under RCW 66.24.250 as beer distributors may sell
at wholesale nonliquor food and food ingredients on thirtyday credit terms to persons licensed as retailers under this
title, but complete and separate accounting records shall be
maintained on all sales of nonliquor food and food ingredients to ensure that such persons are in compliance with RCW
66.28.010.
For the purpose of this section, "nonliquor food and food
ingredients" includes all food and food ingredients for human
consumption as defined in RCW 82.08.0293 as it exists on
July 1, 2004. [2003 c 168 § 305; 1997 c 321 § 52; 1988 c 50
§ 1.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.28.200
66.28.200 Keg registration—Special endorsement
for grocery store licensee—Requirements of seller. (1)
Licensees holding a beer and/or wine restaurant or a tavern
license in combination with an off-premises beer and wine
retailer's license may sell malt liquor in kegs or other containers capable of holding four gallons or more of liquid. Under
a special endorsement from the board, a grocery store lic[Title 66 RCW—page 56]
ensee may sell malt liquor in containers no larger than five
and one-half gallons. The sale of any container holding four
gallons or more must comply with the provisions of this section and RCW 66.28.210 through 66.28.240.
(2) Any person who sells or offers for sale the contents of
kegs or other containers containing four gallons or more of
malt liquor, or leases kegs or other containers that will hold
four gallons of malt liquor, to consumers who are not
licensed under chapter 66.24 RCW shall do the following for
any transaction involving the container:
(a) Require the purchaser of the malt liquor to sign a declaration and receipt for the keg or other container or beverage
in substantially the form provided in RCW 66.28.220;
(b) Require the purchaser to provide one piece of identification pursuant to RCW 66.16.040;
(c) Require the purchaser to sign a sworn statement,
under penalty of perjury, that:
(i) The purchaser is of legal age to purchase, possess, or
use malt liquor;
(ii) The purchaser will not allow any person under the
age of twenty-one years to consume the beverage except as
provided by RCW 66.44.270;
(iii) The purchaser will not remove, obliterate, or allow
to be removed or obliterated, the identification required under
RCW 66.28.220 to be affixed to the container;
(d) Require the purchaser to state the particular address
where the malt liquor will be consumed, or the particular
address where the keg or other container will be physically
located; and
(e) Require the purchaser to maintain a copy of the declaration and receipt next to or adjacent to the keg or other
container, in no event a distance greater than five feet, and
visible without a physical barrier from the keg, during the
time that the keg or other container is in the purchaser's possession or control.
(3) A violation of this section is a gross misdemeanor.
[2003 c 53 § 296; 1998 c 126 § 13; 1997 c 321 § 38; 1993 c
21 § 2; 1989 c 271 § 229.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Effective dates—1989 c 271: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately, except:
(1) Sections 502 and 504 of this act shall take effect June 1, 1989; and
(2) Sections 229 through 233, 501, 503, and 505 through 509 of this act
shall take effect July 1, 1989." [1989 c 271 § 607.]
Severability—1989 c 271: See note following RCW 9.94A.510.
66.28.210 Keg registration—Requirements of purchaser. (1) Any person who purchases the contents of kegs
or other containers containing four gallons or more of malt
liquor, or purchases or leases the container shall:
(a) Sign a declaration and receipt for the keg or other
container or beverage in substantially the form provided in
RCW 66.28.220;
(b) Provide one piece of identification pursuant to RCW
66.16.040;
(c) Be of legal age to purchase, possess, or use malt
liquor;
66.28.210
(2004 Ed.)
Search and Seizure
(d) Not allow any person under the age of twenty-one to
consume the beverage except as provided by RCW
66.44.270;
(e) Not remove, obliterate, or allow to be removed or
obliterated, the identification required under rules adopted by
the board;
(f) Not move, keep, or store the keg or its contents,
except for transporting to and from the distributor, at any
place other than that particular address declared on the receipt
and declaration; and
(g) Maintain a copy of the declaration and receipt next to
or adjacent to the keg or other container, in no event a distance greater than five feet, and visible without a physical
barrier from the keg, during the time that the keg or other
container is in the purchaser's possession or control.
(2) A violation of this section is a gross misdemeanor.
[2003 c 53 § 297; 1989 c 271 § 230.]
66.32.020
Severability—1989 c 271: See note following RCW 9.94A.510.
66.28.240
66.28.240 Keg registration—State preemption. The
state of Washington fully occupies and preempts the entire
field of keg registration. Cities, towns, and counties or other
municipalities may enact only those laws and ordinances
relating to keg registration that are consistent with this chapter. Such local ordinances shall have the same or lesser penalties as provided for by state law. Local laws and ordinances
that are inconsistent with, more restrictive than, or exceed the
requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code,
charter, or home rule status of the city, town, county, or
municipality. [1989 c 271 § 233.]
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
66.28.260
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
66.28.260 Beer distributors—Restricted transactions. Licensed beer distributors may not buy or sell beer, for
purposes of distribution, at farmers market locations authorized by the board pursuant to chapter 154, Laws of 2003.
[2003 c 154 § 3.]
66.28.220
66.28.220 Keg registration—Identification of containers—Rules—Fees—Sale in violation of rules unlawful. (1) The board shall adopt rules requiring retail licensees
to affix appropriate identification on all containers of four
gallons or more of malt liquor for the purpose of tracing the
purchasers of such containers. The rules may provide for
identification to be done on a statewide basis or on the basis
of smaller geographical areas.
(2) The board shall develop and make available forms
for the declaration and receipt required by RCW 66.28.200.
The board may charge grocery store licensees for the costs of
providing the forms and that money collected for the forms
shall be deposited into the liquor revolving fund for use by
the board, without further appropriation, to continue to
administer the cost of the keg registration program.
(3) It is unlawful for any person to sell or offer for sale
kegs or other containers containing four gallons or more of
malt liquor to consumers who are not licensed under chapter
66.24 RCW if the kegs or containers are not identified in
compliance with rules adopted by the board.
(4) A violation of this section is a gross misdemeanor.
[2003 c 53 § 298; 1999 c 281 § 7; 1993 c 21 § 3; 1989 c 271
§ 231.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
Chapter 66.32
Chapter 66.32 RCW
SEARCH AND SEIZURE
Sections
66.32.010
66.32.020
66.32.030
66.32.040
66.32.050
66.32.060
66.32.070
66.32.080
66.32.090
Possession of contraband liquor.
Search warrant—Search and seizure.
Service of warrant—Receipt for seized property.
Forfeiture of liquor directed if kept unlawfully.
Hearing.
Claimants may appear.
Judgment of forfeiture—Disposition of proceeds of property
sold.
Forfeiture action no bar to criminal prosecution.
Seized liquor to be reported to board.
66.32.010
66.32.010 Possession of contraband liquor. Except as
permitted by the board, no liquor shall be kept or had by any
person within this state unless the package in which the liquor
was contained had, while containing that liquor, been sealed
with the official seal adopted by the board, except in the case
of:
(1) Liquor imported by the board; or
(2) Liquor manufactured in the state for sale to the board
or for export; or
(3) Beer, purchased in accordance with the provisions of
law; or
(4) Wine or beer exempted in RCW 66.12.010. [1955 c
39 § 3. Prior: 1943 c 216 § 3(1); 1933 ex.s. c 62 § 33(1);
Rem. Supp. 1943 § 7306-33(1).]
66.28.230
66.28.230 Keg registration—Furnishing to minors—
Penalties. Except as provided in RCW 66.44.270, a person
who intentionally furnishes a keg or other container containing four or more gallons of malt liquor to a person under the
age of twenty-one years is guilty of a gross misdemeanor
punishable under RCW 9.92.020. [1999 c 189 § 1; 1989 c
271 § 232.]
Application—1999 c 189: "This act applies to crimes committed on or
after July 25, 1999." [1999 c 189 § 5.]
Effective dates—1989 c 271: See note following RCW 66.28.200.
(2004 Ed.)
66.32.020
66.32.020 Search warrant—Search and seizure. If,
upon the sworn complaint of any person, it is made to appear
to any judge of the superior court or district court, that there
is probable cause to believe that intoxicating liquor is being
manufactured, sold, bartered, exchanged, given away, furnished, or otherwise disposed of or kept in violation of the
provisions of this title, such judge shall, with or without the
approval of the prosecuting attorney, issue a warrant directed
to a civil officer of the state duly authorized to enforce or
[Title 66 RCW—page 57]
66.32.030
Title 66 RCW: Alcoholic Beverage Control
assist in enforcing any law thereof, or to an inspector of the
board, commanding the civil officer or inspector to search the
premises, room, house, building, boat, vehicle, structure or
place designated and described in the complaint and warrant,
and to seize all intoxicating liquor there found, together with
the vessels in which it is contained, and all implements, furniture, and fixtures used or kept for the illegal manufacture,
sale, barter, exchange, giving away, furnishing, or otherwise
disposing of the liquor, and to safely keep the same, and to
make a return of the warrant within ten days, showing all acts
and things done thereunder, with a particular statement of all
articles seized and the name of the person or persons in
whose possession they were found, if any, and if no person is
found in the possession of the articles, the return shall so
state. [1987 c 202 § 220; 1955 c 288 § 1; 1955 c 39 § 4. Prior:
1943 c 216 § 3(2), part; 1933 ex.s. c 62 § 33(2), part; Rem.
Supp. 1943 § 7306-33(2), part.]
Intent—1987 c 202: See note following RCW 2.04.190.
66.32.030
66.32.030 Service of warrant—Receipt for seized
property. A copy of the warrant, together with a detailed
receipt for the property taken shall be served upon the person
found in possession of any intoxicating liquor, furniture, or
fixtures so seized, and if no person is found in possession
thereof, a copy of the warrant and receipt shall be left in a
conspicuous place upon the premises wherein they are found.
[1955 c 39 § 5. Prior: 1943 c 216 § 3(2), part; 1933 ex.s. c 62
§ 33(2), part; Rem. Supp. 1943 § 7306-33(2), part.]
66.32.040
66.32.040 Forfeiture of liquor directed if kept unlawfully. All liquor seized pursuant to the authority of a search
warrant or an arrest shall, upon adjudication that it was kept
in violation of this title, be forfeited and upon forfeiture be
disposed of by the agency seizing the liquor. [1993 c 26 § 1;
1955 c 39 § 6. Prior: 1943 c 216 § 3(2), part; 1933 ex.s. c 62
§ 23(2), part; Rem. Supp. 1943 § 7306-33(2), part.]
66.32.070 Judgment of forfeiture—Disposition of
proceeds of property sold. If, upon the hearing, the evidence warrants, or, if no person appears as claimant, the
judge shall thereupon enter a judgment of forfeiture, and
order such articles destroyed forthwith: PROVIDED, That if,
in the opinion of the judge, any of the forfeited articles other
than intoxicating liquors are of value and adapted to any lawful use, the judge shall, as a part of the order and judgment,
direct that the articles other than intoxicating liquor be sold as
upon execution by the officer having them in custody, and the
proceeds of the sale after payment of all costs of the proceedings shall be paid into the liquor revolving fund. [1987 c 202
§ 222; 1955 c 39 § 9. Prior: 1943 c 216 § 3(3), part; 1933
ex.s. c 62 § 33(2), part; Rem. Supp. 1943 § 7306-33(3), part.]
66.32.070
Intent—1987 c 202: See note following RCW 2.04.190.
66.32.080 Forfeiture action no bar to criminal prosecution. Action under RCW 66.32.010 through 66.32.080 and
the forfeiture, destruction, or sale of any articles thereunder
shall not bar prosecution under any other provision. [1955 c
39 § 10. Prior: 1943 c 216 § 3(3), part; 1933 ex.s. c 62 §
33(2), part; Rem. Supp. 1943 § 7306-33(3), part.]
66.32.080
66.32.090 Seized liquor to be reported to board. In
every case in which liquor is seized by a sheriff or deputy of
any county or by a police officer of any municipality or by a
member of the Washington state patrol, or any other authorized peace officer or inspector, it shall be the duty of the
sheriff or deputy of any county, or chief of police of the
municipality, or the chief of the Washington state patrol, as
the case may be, to forthwith report in writing to the board of
particulars of such seizure. [1993 c 26 § 2; 1987 c 202 § 223;
1935 c 174 § 8; 1933 ex.s. c 62 § 55; RRS § 7306-55.]
66.32.090
Intent—1987 c 202: See note following RCW 2.04.190.
Chapter 66.36
66.32.050
66.32.050 Hearing. Upon the return of the warrant as
provided herein, the judge shall fix a time, not less than ten
days, and not more than thirty days thereafter, for the hearing
of the return, when he or she shall proceed to hear and determine whether or not the articles seized, or any part thereof,
were used or in any manner kept or possessed by any person
with the intention of violating any of the provisions of this
title. [1987 c 202 § 221; 1955 c 39 § 7. Prior: 1943 c 216 §
3(3), part; 1933 ex.s. c 62 § 33(2), part; Rem. Supp. 1943 §
7306-33(3), part.]
Intent—1987 c 202: See note following RCW 2.04.190.
66.32.060
66.32.060 Claimants may appear. At the hearing, any
person claiming any interest in any of the articles seized may
appear and be heard upon filing a written claim setting forth
particularly the character and extent of his interest, and the
burden shall rest upon the claimant to show, by competent
evidence, his property right or interest in the articles claimed,
and that they were not used in violation of any of the provisions of this title, and were not in any manner kept or possessed with the intention of violating any of its provisions.
[1955 c 39 § 8. Prior: 1943 c 216 § 3(3), part; 1933 ex.s. c 62
§ 33(2), part; Rem. Supp. 1943 § 7306-33(3), part.]
[Title 66 RCW—page 58]
Chapter 66.36 RCW
ABATEMENT PROCEEDINGS
Sections
66.36.010
Places where liquor unlawfully kept declared a nuisance—
Abatement of activity and realty—Judgment—Bond to
reopen.
66.36.010 Places where liquor unlawfully kept
declared a nuisance—Abatement of activity and realty—
Judgment—Bond to reopen. Any room, house, building,
boat, vehicle, structure or place, except premises licensed
under this title, where liquor, as defined in this title, is manufactured, kept, sold, bartered, exchanged, given away, furnished or otherwise disposed of in violation of the provisions
of this title or of the laws of this state relating to the manufacture, importation, transportation, possession, distribution and
sale of liquor, and all property kept in and used in maintaining such a place, are hereby declared to be a common nuisance. The prosecuting attorney of the county in which such
nuisance is situated shall institute and maintain an action in
the superior court of such county in the name of the state of
Washington to abate and perpetually enjoin such nuisance.
The plaintiff shall not be required to give bond in such action,
and restraining orders, temporary injunctions and permanent
injunctions may be granted in said cause as in other injunc66.36.010
(2004 Ed.)
Local Option
tion proceedings, and upon final judgment against the defendant, such court may also order that said room, house, building, boat, vehicle, structure or place, shall be closed for a
period of one year; or until the owner, lessee, tenant or occupant thereof shall give bond with sufficient surety, to be
approved by the court making the order, in the penal sum of
not less than one thousand dollars payable to the state of
Washington, and conditioned that liquor will not thereafter be
manufactured, kept, sold, bartered, exchanged, given away,
furnished or otherwise disposed of thereon or therein in violation of the provisions of this title or of the laws of this state
relating to the manufacture, importation, transportation, possession, distribution and sale of liquor, and that he will pay all
fines, costs and damages assessed against him for any violation of this title or of the laws of this state relating to the manufacture, importation, transportation, possession, distribution
and sale of liquor. If any condition of such bond be violated,
the whole amount may be recovered as a penalty for the use
of the county wherein the premises are situated.
In all cases where any person has been convicted of a
violation of this title or the laws of this state relating to the
manufacture, importation, transportation, possession, distribution and sale of liquor an action may be brought in the
superior court of the county in which the premises are situated, to abate as a nuisance any real estate or other property
involved in the commission of said offense, and in any such
action a certified copy of the record of such conviction shall
be admissible in evidence and prima facie evidence that the
room, house, building, boat, vehicle, structure or place
against which such action is brought is a public nuisance.
[1939 c 172 § 9 (adding new section 33-A to 1933 ex.s. c 62);
RRS § 7306-33A. Formerly RCW 66.36.010 through
66.36.040.]
Chapter 66.40
Chapter 66.40 RCW
LOCAL OPTION
Sections
66.40.010
66.40.020
66.40.030
66.40.040
66.40.100
66.40.110
66.40.120
66.40.130
66.40.140
66.40.150
Local option units.
Election may be held.
License elections.
Petition for election—Contents—Procedure—Signatures, filing, form, copies, fees, etc.—Public inspection.
Check of petitions.
Form of ballot.
Canvass of votes—Effect.
Effect of election as to licenses.
Certificate of result to board—Grace period—Permitted activities.
Concurrent liquor elections in same election unit prohibited.
66.40.010
66.40.010 Local option units. For the purpose of an
election upon the question of whether the sale of liquors shall
be permitted, the election unit shall be any incorporated city
or town, or all that portion of any county not included within
the limits of incorporated cities and towns. [1957 c 263 § 3.
Prior: (i) 1933 ex.s. c 62 § 82; RRS § 7306-82. (ii) 1949 c 5
§ 2, part (adding new section 23-S-2 to 1933 ex.s. c 62); Rem.
Supp. 1949 § 7306-23S-2, part.]
Severability—1949 c 5: See RCW 66.98.080.
66.40.020
66.40.020 Election may be held. Within any unit
referred to in RCW 66.40.010, upon compliance with the
(2004 Ed.)
66.40.040
conditions hereinafter prescribed, there may be held, at the
time and as a part of any general election, an election upon
the question of whether the sale of liquor shall be permitted
within such unit; and in the event that any such election is
held in any such unit, no other election under this section
shall be held prior to the next succeeding general election.
[1933 ex.s. c 62 § 83; RRS § 7306-83.]
66.40.030
66.40.030 License elections. Within any unit referred
to in RCW 66.40.010, there may be held a separate election
upon the question of whether the sale of liquor under spirits,
beer, and wine restaurant; spirits, beer, and wine private club;
and sports entertainment facility licenses, shall be permitted
within such unit. The conditions and procedure for holding
such election shall be those prescribed by RCW 66.40.020,
66.40.040, 66.40.100, 66.40.110 and 66.40.120. Whenever a
majority of qualified voters voting upon said question in any
such unit shall have voted "against the sale of liquor under
spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licenses", the
county auditor shall file with the liquor control board a certificate showing the result of the canvass at such election; and
after ninety days from and after the date of the canvass, it
shall not be lawful for licensees to maintain and operate premises within the election unit licensed under spirits, beer, and
wine restaurant; spirits, beer, and wine private club; and
sports entertainment facility licenses. The addition after an
election under this section of new territory to a city, town, or
county, by annexation, disincorporation, or otherwise, shall
not extend the prohibition against the sale of liquor under
spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licenses to the
new territory. Elections held under RCW 66.40.010,
66.40.020, 66.40.040, 66.40.100, 66.40.110, 66.40.120 and
66.40.140, shall be limited to the question of whether the sale
of liquor by means other than under spirits, beer, and wine
restaurant; spirits, beer, and wine private club; and sports
entertainment facility licenses shall be permitted within such
election unit. [1999 c 281 § 8; 1994 c 55 § 1; 1949 c 5 § 12
(adding new section 83-A to 1933 ex.s. c 62); Rem. Supp.
1949 § 7306-83A.]
Severability—1949 c 5: See RCW 66.98.080.
66.40.040
66.40.040 Petition for election—Contents—Procedure—Signatures, filing, form, copies, fees, etc.—Public
inspection. Any unit referred to in RCW 66.40.010 may
hold such election upon the question of whether the sale of
liquor shall be permitted within the boundaries of such unit,
upon the filing with the county auditor of the county within
which such unit is located, of a petition subscribed by qualified electors of the unit equal in number to at least thirty percent of the electors voting at the last general election within
such unit. Such petition shall designate the unit in which the
election is desired to be had, the date upon which the election
is desired to be held, and the question that is desired to be
submitted. The persons signing such a petition shall state
their post office address, the name or number of the precinct
in which they reside, and in case the subscriber be a resident
of a city, the street and house number, if any, of his residence,
and the date of signature. Said petition shall be filed not less
[Title 66 RCW—page 59]
66.40.100
Title 66 RCW: Alcoholic Beverage Control
than sixty days nor more than ninety days prior to the date
upon which the election is to be held. No signature shall be
valid unless the above requirements are complied with, and
unless the date of signing the same is less than ninety days
preceding the date of filing. No signature shall be withdrawn
after the filing of such petition. Such petition may consist of
one or more sheets and shall be fastened together as one document, filed as a whole, and when filed shall not be withdrawn or added to. Such petition shall be a public document
and shall be subject to the inspection of the public. Upon the
request of anyone filing such a petition and paying, or tendering to the county auditor one dollar for each hundred names,
or fraction thereof, signed thereto, together with a copy
thereof, said county auditor shall immediately compare the
original and copy and attach to such copy and deliver to such
person his official certificate that such copy is a true copy of
the original, stating the date when such original was filed in
his office; and said officer shall furnish, upon the demand of
any person, a copy of said petition, upon payment of the same
fee required for the filing of original petitions. [1933 ex.s. c
62 § 84; RRS § 7306-84. Formerly RCW 66.40.040 through
66.40.090.]
66.40.100
66.40.100 Check of petitions. Upon the filing of a petition as hereinbefore provided, the county auditor with whom
it is filed shall cause the names on said petition to be compared with the names on the voters' official registration
records provided for by law with respect to such unit. The
officer or deputy making the comparison shall place his initials in ink opposite the signatures of those persons who are
shown by such registration records to be legal voters and
shall certify that the signatures so initialed are the signatures
of legal voters of the state of Washington and of said unit, and
shall sign such certificate. In the event that said petition, after
such comparison, shall be found to have been signed by the
percentage of legal voters of said unit referred to in RCW
66.40.040, the question shall be placed upon the ballot at the
next general election. [1933 ex.s. c 62 § 85; RRS § 7306-85.]
by law. If the majority of qualified electors voting upon said
question at said election shall have voted "For sale of liquor"
within the unit in which the election is held, the sale of liquor
may be continued in accordance with the provisions of this
title. If the majority of the qualified electors voting on such
question at any such election shall vote "Against sale of
liquor", then, within thirty days after such canvass no sale or
purchase of liquor, save as herein provided, shall be made
within such unit until such permission so to do be subsequently granted at an election held for that purpose under the
provisions of this title. [1933 ex.s. c 62 § 87; RRS § 730687.]
66.40.130
66.40.130 Effect of election as to licenses. Ninety days
after December 2, 1948, spirits, beer, and wine restaurant;
spirits, beer, and wine private club; and sports entertainment
facility licenses may be issued in any election unit in which
the sale of liquor is then lawful. No spirits, beer, and wine
restaurant; spirits, beer, and wine private club; and sports
entertainment facility license shall be issued in any election
unit in which the sale of liquor is forbidden as the result of an
election held under RCW 66.40.010, 66.40.020, 66.40.040,
66.40.100, 66.40.110, 66.40.120 and 66.40.140, unless a
majority of the qualified electors in such election unit voting
upon this initiative at the general election in November,
1948, vote in favor of this initiative, or unless at a subsequent
general election in which the question of whether the sale of
liquor under spirits, beer, and wine restaurant; spirits, beer,
and wine private club; and sports entertainment facility
licenses shall be permitted within such unit is submitted to
the electorate, as provided in RCW 66.40.030, a majority of
the qualified electors voting upon such question vote "for the
sale of liquor under spirits, beer, and wine restaurant; spirits,
beer, and wine private club; and sports entertainment facility
licenses." [1999 c 281 § 9; 1949 c 5 § 13 (adding new section
87-A to 1933 ex.s. c 62); Rem. Supp. 1949 § 7306-87A.]
Severability—1949 c 5: See RCW 66.98.080.
66.40.140
66.40.110
66.40.110 Form of ballot. Upon the ballot to be used at
such general election the question shall be submitted in the
following form:
"Shall the sale of liquor be permitted within . . . . . . (here
specify the unit in which election is to be held)." Immediately below said question shall be placed the alternative
answers, as follows:
"For sale of liquor . . . . . . . . . . . . . . . . . . . . . . . . . ( )
Against sale of liquor . . . . . . . . . . . . . . . . . . . . . . ( )."
Each person desiring to vote in favor of permitting the
sale of liquor within the unit in which the election is to be
held shall designate his choice beside the words "For sale of
liquor", and those desiring to vote against the permitting of
the sale of liquor within such unit shall designate their choice
beside the words "Against sale of liquor", and the ballot shall
be counted accordingly. [1933 ex.s. c 62 § 86; RRS § 730686.]
66.40.120
66.40.120 Canvass of votes—Effect. The returns of
any such election shall be canvassed in the manner provided
[Title 66 RCW—page 60]
66.40.140 Certificate of result to board—Grace
period—Permitted activities. Whenever a majority of qualified voters voting upon said question in any such unit shall
have voted "Against sale of liquor", the county auditor shall
file with the liquor control board a certificate showing the
result of the canvass at such election; and thereafter, except
as hereinafter provided, it shall not be lawful for a liquor store
to be operated therein nor for licensees to maintain and operate licensed premises therein except as hereinafter provided:
(1) As to any stores maintained by the board within any
such unit at the time of such licensing, the board shall have a
period of thirty days from and after the date of the canvass of
the vote upon such election to continue operation of its store
or stores therein.
(2) As to any premises licensed hereunder within any
such unit at the time of such election, such licensee shall have
a period of sixty days from and after the date of the canvass
of the vote upon such election in which to discontinue operation of its store or stores therein.
(3) Nothing herein contained shall prevent any distillery,
brewery, rectifying plant or winery or the licensed operators
(2004 Ed.)
Enforcement—Penalties
thereof from selling its manufactured product, manufactured
within such unit, outside the boundaries thereof.
(4) Nothing herein contained shall prevent any person
residing in any unit in which the sale of liquor shall have been
forbidden by popular vote as herein provided, who is otherwise qualified to receive and hold a permit under this title,
from lawfully purchasing without the unit and transporting
into or receiving within the unit, liquor lawfully purchased by
him outside the boundaries of such unit. [1933 ex.s. c 62 §
88; RRS § 7306-88.]
66.44.310
66.44.316
66.44.318
66.44.325
66.44.328
66.44.330
66.44.340
66.44.350
66.40.150 Concurrent liquor elections in same election unit prohibited. No election in any unit referred to in
RCW 66.40.010, 66.40.020, 66.40.040, 66.40.100,
66.40.110, 66.40.120 and 66.40.140, upon the question of
whether the sale of liquor shall be permitted within the
boundaries of such unit shall be held at the same time as an
election is held in the same unit upon the question of whether
the sale of liquor under the provisions of RCW 66.40.030
shall be permitted. In the event valid and sufficient petitions
are filed which would otherwise place both questions on the
same ballot that question upon which the petition was filed
with the county auditor first shall be placed on the ballot to
the exclusion of the other. [1949 c 93 § 1 (adding new section
88-A to 1933 ex.s. c 62); Rem. Supp. 1949 § 7306-88A.]
66.40.150
Chapter 66.44
Chapter 66.44 RCW
ENFORCEMENT—PENALTIES
Sections
66.44.010
66.44.040
66.44.050
66.44.060
66.44.070
66.44.080
66.44.090
66.44.100
66.44.120
66.44.130
66.44.140
66.44.150
66.44.160
66.44.170
66.44.175
66.44.180
66.44.193
66.44.200
66.44.210
66.44.240
66.44.250
66.44.265
66.44.270
66.44.280
66.44.290
66.44.292
66.44.300
(2004 Ed.)
Local officers to enforce law—Authority of board—Liquor
enforcement officers.
Sufficiency of description of offenses in complaints, informations, process, etc.
Description of offense in words of statutes—Proof required.
Proof of unlawful sale establishes prima facie intent.
Certified analysis is prima facie evidence of alcoholic content.
Service of process on corporation.
Acting without license.
Opening or consuming liquor in public place—Penalty.
Unlawful use of seal.
Sales of liquor by drink or bottle.
Unlawful sale, transportation of spirituous liquor without
stamp or seal—Unlawful operation, possession of still or
mash.
Buying liquor illegally.
Illegal possession, transportation of alcoholic beverages.
Illegal possession of liquor with intent to sell—Prima facie
evidence, what is.
Violations of law.
General penalties—Jurisdiction for violations.
Sales on university or college campus.
Sales to persons apparently under the influence of liquor—
Purchases or consumption by persons apparently under the
influence of liquor on licensed premises—Penalty—
Notice—Separation of actions.
Obtaining liquor for ineligible person.
Drinking in public conveyance—Penalty against carrier—
Exception.
Drinking in public conveyance—Penalty against individual—
Restricted application.
Candidates giving or purchasing liquor on election day prohibited.
Furnishing liquor to minors—Possession, use—Penalties—
Exhibition of effects—Exceptions.
Minor applying for permit.
Minor purchasing or attempting to purchase liquor—Penalty.
Sales to minors by licensee or employee—Board notification
to prosecuting attorney to formulate charges against minors.
Treats, gifts, purchases of liquor for or from minor, or holding
out minor as at least twenty-one, in public place where liquor
sold.
66.44.365
66.44.370
66.44.800
66.44.010
Minors frequenting off-limits area—Misrepresentation of
age—Penalty—Classification of licensees.
Certain persons eighteen years and over permitted to enter and
remain upon licensed premises during employment.
Employees aged eighteen to twenty-one stocking, merchandising, and handling beer and wine.
Unlawful transfer to minor of age identification.
Preparation or acquisition and supply to persons under age
twenty-one of facsimile of official identification card—Penalty.
Prosecutions to be reported by prosecuting attorney and police
court.
Employees eighteen years and over allowed to sell and handle
beer and wine for certain licensed employers.
Employees eighteen years and over allowed to serve and carry
liquor, clean up, etc., for certain licensed employers.
Juvenile driving privileges—Alcohol or drug violations.
Resisting or opposing officers in enforcement of title.
Compliance by Washington wine commission.
Minors
access to tobacco, role of liquor control board: Chapter 70.155 RCW.
prohibited to enter bars or taverns: RCW 26.28.080.
Sale or gift of tobacco to persons under certain age is gross misdemeanor:
RCW 26.28.080.
State institutions, bringing in liquor prohibited: RCW 72.23.300.
66.44.010
66.44.010 Local officers to enforce law—Authority of
board—Liquor enforcement officers. (1) All county and
municipal peace officers are hereby charged with the duty of
investigating and prosecuting all violations of this title, and
the penal laws of this state relating to the manufacture,
importation, transportation, possession, distribution and sale
of liquor, and all fines imposed for violations of this title and
the penal laws of this state relating to the manufacture,
importation, transportation, possession, distribution and sale
of liquor shall belong to the county, city or town wherein the
court imposing the fine is located, and shall be placed in the
general fund for payment of the salaries of those engaged in
the enforcement of the provisions of this title and the penal
laws of this state relating to the manufacture, importation,
transportation, possession, distribution and sale of liquor:
PROVIDED, That all fees, fines, forfeitures and penalties
collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter
3.62 RCW as now exists or is later amended.
(2) In addition to any and all other powers granted, the
board shall have the power to enforce the penal provisions of
this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution
and sale of liquor.
(3) In addition to the other duties under this section, the
board shall enforce chapters 82.24 and 82.26 RCW.
(4) The board may appoint and employ, assign to duty
and fix the compensation of, officers to be designated as
liquor enforcement officers. Such liquor enforcement officers
shall have the power, under the supervision of the board, to
enforce the penal provisions of this title and the penal laws of
this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor. They shall
have the power and authority to serve and execute all warrants and process of law issued by the courts in enforcing the
penal provisions of this title or of any penal law of this state
relating to the manufacture, importation, transportation, possession, distribution and sale of liquor, and the provisions of
chapters 82.24 and 82.26 RCW. They shall have the power to
arrest without a warrant any person or persons found in the
[Title 66 RCW—page 61]
66.44.040
Title 66 RCW: Alcoholic Beverage Control
act of violating any of the penal provisions of this title or of
any penal law of this state relating to the manufacture, importation, transportation, possession, distribution and sale of
liquor, and the provisions of chapters 82.24 and 82.26 RCW.
[1998 c 18 § 1; 1987 c 202 § 224; 1969 ex.s. c 199 § 28; 1939
c 172 § 5; 1935 c 174 § 11; 1933 ex.s. c 62 § 70; RRS § 730670. Formerly RCW 66.44.010 through 66.44.030.]
66.44.090 Acting without license. Any person doing
any act required to be licensed under this title without having
in force a license issued to him shall be guilty of a gross misdemeanor. [1955 c 289 § 2. Prior: (i) 1933 ex.s. c 62 § 28;
RRS § 7306-28.(ii) 1939 c 172 § 6(1); 1935 c 174 § 6(1);
1933 ex.s. c 62 § 92(1); RRS § 7306-92(1).]
66.44.090
66.44.100 Opening or consuming liquor in public
place—Penalty. Except as permitted by this title, no person
shall open the package containing liquor or consume liquor in
a public place. Every person who violates any provision of
this section shall be guilty of a class 3 civil infraction under
chapter 7.80 RCW. [1999 c 189 § 3; 1981 1st ex.s. c 5 § 21;
1933 ex.s. c 62 § 34; RRS § 7306-34.]
66.44.100
Intent—1987 c 202: See note following RCW 2.04.190.
66.44.040
66.44.040 Sufficiency of description of offenses in
complaints, informations, process, etc. In describing the
offense respecting the sale, or keeping for sale or other disposal, of liquor, or the having, keeping, giving, purchasing or
consumption of liquor in any information, summons, conviction, warrant, or proceeding under this title, it shall be sufficient to simply state the sale, or keeping for sale or disposal,
having, keeping, giving, purchasing, or consumption of
liquor, without stating the name or kind of such liquor or the
price thereof, or to whom it was sold or disposed of, or by
whom consumed, or from whom it was purchased or
received; and it shall not be necessary to state the quantity of
liquor so sold, kept for sale, disposed of, had, kept, given,
purchased, or consumed, except in the case of offenses where
the quantity is essential, and then it shall be sufficient to
allege the sale or disposal of more or less than such quantity.
[1933 ex.s. c 62 § 57; RRS § 7306-57.]
66.44.050
66.44.050 Description of offense in words of statutes—Proof required. The description of any offense under
this title, in the words of this title, or in any words of like
effect, shall be sufficient in law; and any exception, exemption, provision, excuse, or qualification, whether it occurs by
way of proviso or in the description of the offense in this title,
may be proved by the defendant, but need not be specified or
negatived in the information; but if it is so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant. [1933 ex.s. c 62 § 58; RRS § 7306-58.]
66.44.060
66.44.060 Proof of unlawful sale establishes prima
facie intent. In any proceeding under this title, proof of one
unlawful sale of liquor shall suffice to establish prima facie
the intent or purpose of unlawfully keeping liquor for sale in
violation of this title. [1933 ex.s. c 62 § 59; RRS § 7306-59.]
Application—1999 c 189: See note following RCW 66.28.230.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.44.120 Unlawful use of seal. (1) No person other
than an employee of the board shall keep or have in his or her
possession any official seal prescribed under this title, unless
the same is attached to a package which has been purchased
from a vendor or store employee; nor shall any person keep
or have in his or her possession any design in imitation of any
official seal prescribed under this title, or calculated to
deceive by its resemblance thereto, or any paper upon which
any design in imitation thereof, or calculated to deceive as
aforesaid, is stamped, engraved, lithographed, printed, or otherwise marked.
(2)(a) Except as provided in (b) of this subsection, every
person who willfully violates this section is guilty of a gross
misdemeanor and shall be liable on conviction thereof for a
first offense to imprisonment in the county jail for a period of
not less than three months nor more than six months, without
the option of the payment of a fine, and for a second offense,
to imprisonment in the county jail for not less than six months
nor more than one year, without the option of the payment of
a fine.
(b) A third or subsequent offense is a class C felony,
punishable by imprisonment in a state correctional facility for
not less than one year nor more than two years. [2003 c 53 §
299; 1992 c 7 § 42; 1933 ex.s. c 62 § 47; RRS § 7306-47.]
66.44.120
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
66.44.130 Sales of liquor by drink or bottle. Except as
otherwise provided in this title, every person who sells by the
drink or bottle, any liquor shall be guilty of a violation of this
title. [1955 c 289 § 3. Prior: 1939 c 172 § 6(2); 1935 c 174 §
15(2); 1933 ex.s. c 62 § 92(2); RRS § 7306-92(2).]
66.44.130
66.44.070
66.44.070 Certified analysis is prima facie evidence
of alcoholic content. A certificate, signed by any person
appointed or designated by the board in writing as an analyst,
as to the percentage of alcohol contained in any liquid, drink,
liquor, or combination of liquors, when produced in any court
or before any court shall be prima facie evidence of the percentage of alcohol contained therein. [1933 ex.s. c 62 § 60;
RRS § 7306-60.]
66.44.080
66.44.080 Service of process on corporation. In all
prosecutions, actions, or proceedings under the provisions of
this title against a corporation, every summons, warrant,
order, writ or other proceeding may be served on the corporation in the same manner as is now provided by law for service
of civil process. [1933 ex.s. c 62 § 61; RRS § 7306-61.]
[Title 66 RCW—page 62]
66.44.140 Unlawful sale, transportation of spirituous
liquor without stamp or seal—Unlawful operation, possession of still or mash. Every person who shall sell or offer
for sale, or transport in any manner, any spirituous liquor,
without government stamp or seal attached thereto, or who
shall operate without a license, any still or other device for
the production of spirituous liquor, or shall have in his possession or under his control any mash capable of being distilled into spirituous liquor except as provided in RCW
66.12.130, shall be guilty of a gross misdemeanor and upon
66.44.140
(2004 Ed.)
Enforcement—Penalties
conviction thereof shall upon his first conviction be fined not
less than five hundred dollars and confined in the county jail
not less than six months, and upon second and subsequent
conviction shall be fined not less than one thousand dollars
and confined in the county jail not less than one year. [1980
c 140 § 4; 1955 c 289 § 4. Prior: 1939 c 172 § 6(3); 1935 c
174 § 15(3); 1933 ex.s. c 62 § 92(3); RRS § 7306-92(3).]
66.44.150
66.44.150 Buying liquor illegally. If any person in this
state buys alcoholic beverages from any person other than the
board, a state liquor store, or some person authorized by the
board to sell them, he shall be guilty of a misdemeanor.
[1955 c 289 § 5. Prior: 1939 c 172 § 6(4); 1935 c 174 § 15(4);
1933 ex.s. c 62 § 92(4); RRS § 7306-92(4).]
66.44.160
66.44.160 Illegal possession, transportation of alcoholic beverages. Except as otherwise provided in this title,
any person who has or keeps or transports alcoholic beverages other than those purchased from the board, a state liquor
store, or some person authorized by the board to sell them,
shall be guilty of a violation of this title. [1955 c 289 § 6.
Prior: 1939 c 172 § 6(5); 1935 c 174 § 15(5); 1933 ex.s. c 62
§ 92(5); RRS § 7306-92(5).]
66.44.170
66.44.170 Illegal possession of liquor with intent to
sell—Prima facie evidence, what is. Any person who keeps
or possesses liquor upon his person or in any place, or on premises conducted or maintained by him as principal or agent
with the intent to sell it contrary to provisions of this title,
shall be guilty of a violation of this title. The possession of
liquor by the principal or agent on premises conducted or
maintained, under federal authority, as a retail dealer in
liquors, shall be prima facie evidence of the intent to sell
liquor. [1955 c 289 § 7. Prior: 1937 c 144 § 1 (adding new
section 92A to 1933 ex.s. c 62); RRS § 7306-92A.]
66.44.175
66.44.175 Violations of law. Every person who violates any provision of this title or the regulations shall be
guilty of a violation of this title, whether otherwise declared
or not. [1933 ex.s. c 62 § 91; RRS § 7306-91.]
66.44.240
(3) Every district judge and municipal judge shall have
concurrent jurisdiction with superior court judges of the state
of Washington of all violations of the provisions of this title
and may impose any punishment provided therefor. [2003 c
53 § 300; 1987 c 202 § 225; 1981 1st ex.s. c 5 § 22; 1935 c
174 § 16; 1933 ex.s. c 62 § 93; RRS § 7306-93.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.44.193
66.44.193 Sales on university or college campus. If an
institution of higher education chooses to allow the sale of
alcoholic beverages on campus, the legislature encourages
the institution to feature products produced in the state of
Washington. [2003 c 51 § 2.]
66.44.200
66.44.200 Sales to persons apparently under the
influence of liquor—Purchases or consumption by persons apparently under the influence of liquor on licensed
premises—Penalty—Notice—Separation of actions. (1)
No person shall sell any liquor to any person apparently
under the influence of liquor.
(2)(a) No person who is apparently under the influence
of liquor may purchase or consume liquor on any premises
licensed by the board.
(b) A violation of this subsection is an infraction punishable by a fine of not more than five hundred dollars.
(c) A defendant's intoxication may not be used as a
defense in an action under this subsection.
(d) Until July 1, 2000, every establishment licensed
under RCW 66.24.330 or 66.24.420 shall conspicuously post
in the establishment notice of the prohibition against the purchase or consumption of liquor under this subsection.
(3) An administrative action for violation of subsection
(1) of this section and an infraction issued for violation of
subsection (2) of this section arising out of the same incident
are separate actions and the outcome of one shall not determine the outcome of the other. [1998 c 259 § 1; 1933 ex.s. c
62 § 36; RRS § 7306-36.]
66.44.180
66.44.180 General penalties—Jurisdiction for violations. (1) Every person guilty of a violation of this title for
which no penalty has been specifically provided:
(a) For a first offense, is guilty of a misdemeanor punishable by a fine of not more than five hundred dollars, or by
imprisonment for not more than two months, or both;
(b) For a second offense, is guilty of a gross misdemeanor punishable by imprisonment for not more than six
months; and
(c) For a third or subsequent offense, is guilty of a gross
misdemeanor punishable by imprisonment for not more than
one year.
(2) If the offender convicted of an offense referred to in
this section is a corporation, it shall for a first offense be liable to a penalty of not more than five thousand dollars, and
for a second or subsequent offense to a penalty of not more
than ten thousand dollars, or to forfeiture of its corporate
license, or both.
(2004 Ed.)
66.44.210
66.44.210 Obtaining liquor for ineligible person.
Except in the case of liquor administered by a physician or
dentist or sold upon a prescription in accordance with the provisions of this title, no person shall procure or supply, or
assist directly or indirectly in procuring or supplying, liquor
for or to anyone whose permit is suspended or has been canceled. [1933 ex.s. c 62 § 38; RRS § 7306-38.]
66.44.240
66.44.240 Drinking in public conveyance—Penalty
against carrier—Exception. Every person engaged wholly
or in part in the business of carrying passengers for hire, and
every agent, servant, or employee of such person, who knowingly permits any person to drink any intoxicating liquor in
any public conveyance, except in the compartment where
such liquor is sold or served under the authority of a license
lawfully issued, is guilty of a misdemeanor. This section does
not apply to a public conveyance that is commercially chartered for group use or a for-hire vehicle licensed under city,
[Title 66 RCW—page 63]
66.44.250
Title 66 RCW: Alcoholic Beverage Control
county, or state law. [1983 c 165 § 29; 1909 c 249 § 442;
RRS § 2694.]
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Alcoholic beverages, drinking or open container in vehicle on highway,
exceptions: RCW 46.61.519.
66.44.250
66.44.250 Drinking in public conveyance—Penalty
against individual—Restricted application. Every person
who drinks any intoxicating liquor in any public conveyance,
except in a compartment or place where sold or served under
the authority of a license lawfully issued, is guilty of a misdemeanor. With respect to a public conveyance that is commercially chartered for group use and with respect to a for-hire
vehicle licensed under city, county, or state law, this section
applies only to the driver of the vehicle. [1983 c 165 § 30;
1909 c 249 § 441; RRS § 2693.]
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Alcoholic beverages, drinking or open container in vehicle on highway,
exceptions: RCW 46.61.519.
66.44.265
66.44.265 Candidates giving or purchasing liquor on
election day prohibited. It shall be unlawful for a candidate
for office or for nomination thereto whose name appears
upon the ballot at any election to give to or purchase for
another person, not a member of his or her family, any liquor
in or upon any premises licensed by the state for the sale of
any such liquor by the drink during the hours that the polls are
open on the day of such election. [1971 ex.s. c 112 § 2.]
66.44.270
66.44.270 Furnishing liquor to minors—Possession,
use—Penalties—Exhibition of effects—Exceptions. (1) It
is unlawful for any person to sell, give, or otherwise supply
liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her
premises or on any premises under his or her control. For the
purposes of this subsection, "premises" includes real property, houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection is a gross
misdemeanor punishable as provided for in chapter 9A.20
RCW.
(2)(a) It is unlawful for any person under the age of
twenty-one years to possess, consume, or otherwise acquire
any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.
(b) It is unlawful for a person under the age of twentyone years to be in a public place, or to be in a motor vehicle
in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the
effects of having consumed liquor means that a person has
the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or
recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits
that he or she is under the influence of liquor. This subsection
(2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under
circumstances described in subsection (4) or (5) of this section.
[Title 66 RCW—page 64]
(3) Subsections (1) and (2)(a) of this section do not apply
to liquor given or permitted to be given to a person under the
age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor
by a person under the age of twenty-one years on any premises licensed under chapter 66.24 RCW.
(4) This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years
by a parent, guardian, physician, or dentist.
(5) This section does not apply to liquor given to a person under the age of twenty-one years when such liquor is
being used in connection with religious services and the
amount consumed is the minimal amount necessary for the
religious service.
(6) Conviction or forfeiture of bail for a violation of this
section by a person under the age of twenty-one years at the
time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense
any liquor after that person has attained the age of twenty-one
years. [1998 c 4 § 1; 1993 c 513 § 1; 1987 c 458 § 3; 1955 c
70 § 2. Prior: 1935 c 174 § 6(1); 1933 ex.s. c 62 § 37(1); RRS
§ 7306-37(1); prior: Code 1881 § 939; 1877 p 205 § 5.]
Severability—1987 c 458: See note following RCW 48.21.160.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
66.44.280 Minor applying for permit. Every person
under the age of twenty-one years who makes application for
a permit shall be guilty of an offense against this title. [1955
c 70 § 3. Prior: 1935 c 174 § 6(2); 1933 ex.s. c 62 § 37(2);
RRS § 7306-37(2).]
66.44.280
66.44.290 Minor purchasing or attempting to purchase liquor—Penalty. (1) Every person under the age of
twenty-one years who purchases or attempts to purchase
liquor shall be guilty of a violation of this title. This section
does not apply to persons between the ages of eighteen and
twenty-one years who are participating in a controlled purchase program authorized by the liquor control board under
rules adopted by the board. Violations occurring under a private, controlled purchase program authorized by the liquor
control board may not be used for criminal or administrative
prosecution.
(2) An employer who conducts an in-house controlled
purchase program authorized under this section shall provide
his or her employees a written description of the employer's
in-house controlled purchase program. The written description must include notice of actions an employer may take as a
consequence of an employee's failure to comply with company policies regarding the sale of alcohol during an in-house
controlled purchase.
(3) An in-house controlled purchase program authorized
under this section shall be for the purposes of employee training and employer self-compliance checks. An employer may
not terminate an employee solely for a first-time failure to
comply with company policies regarding the sale of alcohol
during an in-house controlled purchase program authorized
under this section.
(4) Every person between the ages of eighteen and
twenty, inclusive, who is convicted of a violation of this sec66.44.290
(2004 Ed.)
Enforcement—Penalties
tion is guilty of a misdemeanor punishable as provided by
RCW 9A.20.021, except that a minimum fine of two hundred
fifty dollars shall be imposed and any sentence requiring
community restitution shall require not fewer than twentyfive hours of community restitution. [2003 c 53 § 301; 2001
c 295 § 1; 1965 c 49 § 1; 1955 c 70 § 4. Prior: 1935 c 174 §
6(1); 1933 ex.s. c 62 § 37(1); RRS § 7306-37(1).]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
66.44.292
66.44.292 Sales to minors by licensee or employee—
Board notification to prosecuting attorney to formulate
charges against minors. The Washington state liquor control board shall furnish notification of any hearing or hearings
held, wherein any licensee or his employee is found to have
sold liquor to a minor, to the prosecuting attorney of the
county in which the sale took place, upon which the prosecuting attorney may formulate charges against said minor or
minors for such violation of RCW 66.44.290 as may appear.
[1981 1st ex.s. c 5 § 23; 1965 c 49 § 3.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.44.300
66.44.300 Treats, gifts, purchases of liquor for or
from minor, or holding out minor as at least twenty-one,
in public place where liquor sold. Any person who invites
a minor into a public place where liquor is sold and treats,
gives or purchases liquor for such minor, or permits a minor
to treat, give or purchase liquor for the adult; or holds out
such minor to be twenty-one years of age or older to the
owner or employee of the liquor establishment, a law
enforcement officer, or a liquor enforcement officer shall be
guilty of a misdemeanor. [1994 c 201 § 7; 1941 c 78 § 1;
Rem. Supp. 1941 § 7306-37A.]
66.44.310
66.44.310 Minors frequenting off-limits area—Misrepresentation of age—Penalty—Classification of licensees. (1) Except as otherwise provided by RCW 66.44.316
and 66.44.350, it shall be a misdemeanor:
(a) To serve or allow to remain in any area classified by
the board as off-limits to any person under the age of twentyone years;
(b) For any person under the age of twenty-one years to
enter or remain in any area classified as off-limits to such a
person, but persons under twenty-one years of age may pass
through a restricted area in a facility holding a spirits, beer,
and wine private club license;
(c) For any person under the age of twenty-one years to
represent his or her age as being twenty-one or more years for
the purpose of purchasing liquor or securing admission to, or
remaining in any area classified by the board as off-limits to
such a person.
(2) The Washington state liquor control board shall have
the power and it shall be its duty to classify licensed premises
or portions of licensed premises as off-limits to persons under
the age of twenty-one years of age. [1998 c 126 § 14; 1997 c
321 § 53; 1994 c 201 § 8; 1981 1st ex.s. c 5 § 24; 1943 c 245
§ 1 (adding new section 36-A to 1933 ex.s. c 62); Rem. Supp.
1943 § 7306-36A. Formerly RCW 66.24.130 and 66.44.310.]
Effective date—1998 c 126: See note following RCW 66.20.010.
(2004 Ed.)
66.44.325
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
66.44.316
66.44.316 Certain persons eighteen years and over
permitted to enter and remain upon licensed premises
during employment. It is lawful for:
(1) Professional musicians, professional disc jockeys, or
professional sound or lighting technicians actively engaged
in support of professional musicians or professional disc
jockeys, eighteen years of age and older, to enter and to
remain in any premises licensed under the provisions of Title
66 RCW, but only during and in the course of their employment as musicians, disc jockeys, or sound or lighting technicians;
(2) Persons eighteen years of age and older performing
janitorial services to enter and remain on premises licensed
under the provisions of Title 66 RCW when the premises are
closed but only during and in the course of their performance
of janitorial services;
(3) Employees of amusement device companies, which
employees are eighteen years of age or older, to enter and to
remain in any premises licensed under the provisions of Title
66 RCW, but only during and in the course of their employment for the purpose of installing, maintaining, repairing, or
removing an amusement device. For the purposes of this section amusement device means coin-operated video games,
pinball machines, juke boxes, or other similar devices; and
(4) Security and law enforcement officers, and fire fighters eighteen years of age or older to enter and to remain in
any premises licensed under Title 66 RCW, but only during
and in the course of their official duties and only if they are
not the direct employees of the licensee. However, the application of the [this] subsection to security officers is limited to
casual, isolated incidents arising in the course of their duties
and does not extend to continuous or frequent entering or
remaining in any licensed premises.
This section shall not be construed as permitting the sale
or distribution of any alcoholic beverages to any person
under the age of twenty-one years. [1985 c 323 § 1; 1984 c
136 § 1; 1980 c 22 § 1; 1973 1st ex.s. c 96 § 1.]
66.44.318
66.44.318 Employees aged eighteen to twenty-one
stocking, merchandising, and handling beer and wine.
Licensees holding nonretail class liquor licenses are permitted to allow their employees between [the] ages of eighteen
and twenty-one to stock, merchandise, and handle beer or
wine on or about the nonretail premises if there is an adult
twenty-one years of age or older on duty supervising such
activities on the premises. [1995 c 100 § 2.]
66.44.325
66.44.325 Unlawful transfer to minor of age identification. Any person who transfers in any manner an identification of age to a minor for the purpose of permitting such
minor to obtain alcoholic beverages shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021,
except that a minimum fine of two hundred fifty dollars shall
be imposed and any sentence requiring community restitution
shall require not fewer than twenty-five hours of community
[Title 66 RCW—page 65]
66.44.328
Title 66 RCW: Alcoholic Beverage Control
restitution: PROVIDED, That corroborative testimony of a
witness other than the minor shall be a condition precedent to
conviction. [2002 c 175 § 43; 1987 c 101 § 2; 1961 c 147 §
1.]
Effective date—2002 c 175: See note following RCW 7.80.130.
minors no longer than is necessary to carry out their aforementioned duties: PROVIDED FURTHER, That such
employees shall not be permitted to perform activities or
functions of a bartender. [1999 c 281 § 12; 1988 c 160 § 1;
1975 1st ex.s. c 204 § 1.]
Cards of identification: RCW 66.20.160 through 66.20.210.
66.44.365
66.44.328
66.44.328 Preparation or acquisition and supply to
persons under age twenty-one of facsimile of official identification card—Penalty. No person may forge, alter, counterfeit, otherwise prepare or acquire and supply to a person
under the age of twenty-one years a facsimile of any of the
officially issued cards of identification that are required for
presentation under RCW 66.16.040. A violation of this section is a gross misdemeanor punishable as provided by RCW
9A.20.021 except that a minimum fine of two thousand five
hundred dollars shall be imposed. [1987 c 101 § 3.]
66.44.330
66.44.330 Prosecutions to be reported by prosecuting
attorney and police court. See RCW 36.27.020(12).
66.44.340
66.44.340 Employees eighteen years and over
allowed to sell and handle beer and wine for certain
licensed employers. Employers holding grocery store or
beer and/or wine specialty shop licenses exclusively are permitted to allow their employees, between the ages of eighteen
and twenty-one years, to sell, stock, and handle beer or wine
in, on or about any establishment holding a grocery store or
beer and/or wine specialty shop license exclusively: PROVIDED, That there is an adult twenty-one years of age or
older on duty supervising the sale of liquor at the licensed
premises: PROVIDED, That minor employees may make
deliveries of beer and/or wine purchased from licensees holding grocery store or beer and/or wine specialty shop licenses
exclusively, when delivery is made to cars of customers adjacent to such licensed premises but only, however, when the
minor employee is accompanied by the purchaser. [1999 c
281 § 11; 1986 c 5 § 1; 1981 1st ex.s. c 5 § 48; 1969 ex.s. c
38 § 1.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.44.350
66.44.350 Employees eighteen years and over
allowed to serve and carry liquor, clean up, etc., for certain licensed employers. Notwithstanding provisions of
RCW 66.44.310, employees holding beer and/or wine restaurant; beer and/or wine private club; snack bar; spirits, beer,
and wine restaurant; spirits, beer, and wine private club; and
sports entertainment facility licenses who are licensees eighteen years of age and over may take orders for, serve and sell
liquor in any part of the licensed premises except cocktail
lounges, bars, or other areas classified by the Washington
state liquor control board as off-limits to persons under
twenty-one years of age: PROVIDED, That such employees
may enter such restricted areas to perform work assignments
including picking up liquor for service in other parts of the
licensed premises, performing clean up work, setting up and
arranging tables, delivering supplies, delivering messages,
serving food, and seating patrons: PROVIDED FURTHER,
That such employees shall remain in the areas off-limits to
[Title 66 RCW—page 66]
66.44.365 Juvenile driving privileges—Alcohol or
drug violations. (1) If a juvenile thirteen years of age or
older and under the age of eighteen is found by a court to
have committed any offense that is a violation of this chapter,
the court shall notify the department of licensing within
twenty-four hours after entry of the judgment.
(2) Except as otherwise provided in subsection (3) of this
section, upon petition of a juvenile whose privilege to drive
has been revoked pursuant to RCW 46.20.265, the court may
notify the department of licensing that the juvenile's privilege
to drive should be reinstated.
(3) If the conviction is for the juvenile's first violation of
this chapter or chapter 69.41, 69.50, or 69.52 RCW, a juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265
until the later of ninety days after the date the juvenile turns
sixteen or ninety days after the judgment was entered. If the
conviction was for the juvenile's second or subsequent violation of this chapter or chapter 69.41, 69.50, or 69.52 RCW,
the juvenile may not petition the court for reinstatement of
the juvenile's privilege to drive revoked pursuant to RCW
46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered. [1989 c
271 § 118; 1988 c 148 § 3.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
66.44.370
66.44.370 Resisting or opposing officers in enforcement of title. No person shall knowingly or wilfully resist or
oppose any state, county, or municipal peace officer, or
liquor enforcement officer, in the discharge of his/her duties
under Title 66 RCW, or aid and abet such resistance or opposition. Any person who violates this section shall be guilty of
a violation of this title and subject to arrest by any such
officer. [1981 1st ex.s. c 5 § 27.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.44.800
66.44.800 Compliance by Washington wine commission. Nothing contained in chapter 15.88 RCW shall affect
the compliance by the Washington wine commission with
this chapter. [1987 c 452 § 17.]
Construction—Effective dates—Severability—1987 c 452: See
RCW 15.88.900 through 15.88.902.
Chapter 66.98
Chapter 66.98 RCW
CONSTRUCTION
Sections
66.98.010
66.98.020
66.98.030
66.98.040
66.98.050
Short title.
Severability and construction—1933 ex.s. c 62.
Effect of act on certain laws—1933 ex.s. c 62.
Effective date and application—1937 c 217.
Effective date and application—1939 c 172.
(2004 Ed.)
Construction
66.98.060
66.98.070
66.98.080
66.98.090
66.98.100
Rights of spirits, beer, and wine restaurant licensees—1949 c
5.
Regulations by board—1949 c 5.
Severability—1949 c 5.
Severability—1981 1st ex.s. c 5.
Effective date—1981 1st ex.s. c 5.
66.98.010
66.98.010 Short title. This act may be cited as the
"Washington State Liquor Act." [1933 ex.s. c 62 § 1; RRS §
7306-1.]
66.98.100
1933, extraordinary session, as amended by chapters 13, 80,
158 and 174, Laws of 1935 and chapters 62 and 217, Laws of
1937, shall be entitled to exercise the rights and privileges
granted by such license until the 30th day of September,
1939: AND PROVIDED FURTHER, That all persons lawfully engaged in activities not required to be licensed prior to
the taking effect of this act but which are required to be
licensed under the provisions of this act shall have thirty days
from and after the taking effect of this act in which to comply
with the same. [1939 c 172 § 11; RRS § 7306-97a.]
66.98.020
66.98.020 Severability and construction—1933 ex.s. c
62. If any clause, part or section of this act shall be adjudged
invalid, such judgment shall not affect nor invalidate the
remainder of the act, but shall be confined in its operation to
the clause, part or section directly involved in the controversy
in which such judgment was rendered. If the operation of any
clause, part or section of this act shall be held to impair the
obligation of contract, or to deny to any person any right or
protection secured to him by the Constitution of the United
States of America, or by the Constitution of the state of
Washington, it is hereby declared that, had the invalidity of
such clause, part or section been considered at the time of the
enactment of this act, the remainder of the act would nevertheless have been adopted without such and any and all such
invalid clauses, parts or sections. [1933 ex.s. c 62 § 94; RRS
§ 7306-94.]
*Reviser's note: Chapter 62, Laws of 1933, extraordinary session, is
the basic liquor act codified in this title. The 1939 act in which it appears
amended it.
66.98.060 Rights of spirits, beer, and wine restaurant
licensees—1949 c 5. Notwithstanding any provisions of
chapter 62, Laws of 1933 ex. sess., as last amended, or of any
provisions of any other law which may otherwise be applicable, it shall be lawful for the holder of a spirits, beer, and wine
restaurant license to sell beer, wine, and spirituous liquor in
this state in accordance with the terms of chapter 5, Laws of
1949. [1998 c 126 § 15; 1997 c 321 § 54; 1949 c 5 § 14; No
RRS. Formerly: RCW 66.24.460.]
66.98.060
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.98.070 Regulations by board—1949 c 5. For the
purpose of carrying into effect the provisions of this act, the
board shall have the same power to make regulations not
inconsistent with the spirit of this act as is provided by RCW
66.08.030. [1949 c 5 § 15; No RRS. Formerly: RCW
66.24.470.]
66.98.070
66.98.030
66.98.030 Effect of act on certain laws—1933 ex.s. c
62. Nothing in this act shall be construed to amend or repeal
chapter 2 of the Laws of 1933, or any portion thereof. [1933
ex.s. c 62 § 95; RRS § 7306-95.]
Reviser's note: 1933 c 2 referred to herein consisted of two sections,
section 1 of which is codified as RCW 66.44.320 and section 2 was a repeal
of earlier liquor laws.
66.98.040
66.98.040 Effective date and application—1937 c
217. This act is necessary for the support of the state government and its existing public institutions and shall take effect
immediately: PROVIDED, HOWEVER, That any person,
who shall at the time this act takes effect be the bona fide
holder of a license duly issued under *chapter 62, Laws of
1933, extraordinary session, as amended by chapters 13, 80,
158 and 174, Laws of 1935, shall be entitled to exercise the
rights and privileges granted by such license until the 30th
day of September, 1937: AND PROVIDED FURTHER,
That all persons lawfully engaged in activities not required to
be licensed prior to the taking effect of this act but which are
required to be licensed under the provisions of this act shall
have thirty days from and after the taking effect of this act in
which to comply with the same. [1937 c 217 § 8; RRS §
7306-97.]
66.98.080 Severability—1949 c 5. If any section or
provision of this act shall be adjudged to be invalid, such
adjudication shall not affect the validity of the act as whole or
any section, provision, or part thereof not adjudged to be
invalid. [1949 c 5 § 17; No RRS.]
66.98.080
66.98.090 Severability—1981 1st ex.s. c 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1981 1st ex.s. c 5 § 50.]
66.98.090
66.98.100 Effective date—1981 1st ex.s. c 5. This act
is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect July
1, 1981. [1981 1st ex.s. c 5 § 51.]
66.98.100
*Reviser's note: Chapter 62, Laws of 1933, extraordinary session, is
the basic liquor act codified in this title. The 1937 act in which it appears
amended it.
66.98.050
66.98.050 Effective date and application—1939 c
172. This act is necessary for the support of the state government and its existing public institutions and shall take effect
immediately: PROVIDED, HOWEVER, That any person,
who shall at the time this act takes effect be the bona fide
holder of a license duly issued under *chapter 62, Laws of
(2004 Ed.)
[Title 66 RCW—page 67]
Title 67
SPORTS AND RECREATION—CONVENTION FACILITIES
Title 67
Chapters
67.04
67.08
67.12
67.14
67.16
67.17
67.20
67.24
67.28
67.30
67.38
67.40
67.42
67.70
Baseball.
Boxing, martial arts, and wrestling.
Dancing, billiards, pool, and bowling.
Billiard tables, bowling alleys, and miscellaneous games—1873 act.
Horse racing.
Live horse racing compact.
Parks, bathing beaches, public camps.
Fraud in sporting contest.
Public stadium, convention, arts, and tourism
facilities.
Multipurpose sports stadia.
Cultural arts, stadium and convention districts.
Convention and trade facilities.
Amusement rides.
State lottery.
Alcoholic beverage control: Title 66 RCW.
Bicycles—Operation and equipment: RCW 46.61.750 through 46.61.780.
Business and occupation tax—Exemptions—Boxing, sparring, or wrestling
matches: RCW 82.04.340.
Cities and towns
admissions tax: RCW 35.21.280.
auditoriums, art museums, swimming pools, etc.—Power to acquire:
RCW 35.21.020, 35A.11.020.
powers vested in legislative bodies of noncharter and charter code cities:
RCW 35A.11.020.
Common carriers—Commutation or excursion tickets: RCW 81.28.080.
Controlled substances: Chapter 69.50 RCW.
Counties
admissions tax: Chapter 36.38 RCW.
fairs and poultry shows: Chapter 36.37 RCW.
joint armory sites: RCW 36.64.050.
parks and recreational facilities: Chapter 36.68 RCW.
recreation districts act for counties: Chapter 36.69 RCW.
southwest Washington fair: Chapter 36.90 RCW.
County park and recreation service areas—Use of local service funds in
exercise of powers enumerated: Chapter 36.68 RCW.
Cruelty to animals—Prevention: Chapter 16.52 RCW.
Doors of buildings used by public—Requirements—Penalty: RCW
70.54.070.
Limitation on liability of landowners for injuries to recreation users: RCW
4.24.210.
Marine recreation land act: Chapter 79A.25 RCW.
Metropolitan municipal corporations: Chapter 35.58 RCW.
Metropolitan park districts: Chapter 35.61 RCW.
Militia
armories and small arms ranges: Chapter 38.20 RCW.
membership in clubs, etc.: RCW 38.40.110.
social corporations may be formed: RCW 38.40.130.
Multipurpose community centers: Chapter 35.59 RCW.
Narcotic drugs: Chapter 69.50 RCW.
Parks and recreation commission: Chapter 79A.05 RCW.
Physical education in schools and higher institutions: RCW 28A.230.040,
28A.230.050.
Professional sports franchise, cities authorized to own and operate: RCW
35.21.695.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public lands
director of ecology to assist city parks: RCW 79.94.185.
exchange of lands to secure city parks and playgrounds: RCW 79.94.181.
grant of lands for city park or playground purposes: RCW 79.94.175.
use of public lands for state or city park purposes: RCW 79A.50.010
through 79A.50.030.
Regulation of motor boats: Chapter 79A.60 RCW.
Second class cities, additional powers—Acquisition of property for municipal purposes: RCW 35.23.452.
State agency for surveys and maps: Chapter 58.24 RCW.
Streets—Bicycles—Paths: Chapter 35.75 RCW.
Unclassified cities—Additional powers (relating to recreation or entertainment): RCW 35.30.010(4).
Use of playgrounds for other than school purposes: RCW 28A.335.150.
Vacation of streets or alleys abutting on bodies of water by city or town prohibited with specified exceptions such as when the vacated property is
to be used for recreational purposes, etc.: RCW 35.79.035.
Watercraft adrift: Chapter 79A.60 RCW.
Water recreation facilities: Chapter 70.90 RCW.
Wharves and landings—Right of riparian owner to construct: RCW
88.24.010.
Chapter 67.04
Driving delinquencies: Chapter 46.61 RCW.
Earthquake standards for construction (public meeting places): Chapter
70.86 RCW.
Excise taxes: Motor vehicle fuel tax—Exemptions: RCW 82.36.230.
Explosives: Chapter 70.74 RCW.
Fireworks: Chapter 70.77 RCW.
First class cities
additional powers—Auditoriums, art museums: RCW 35.22.290.
leasing of land for auditoriums, etc.: RCW 35.22.300.
Food fish and shellfish
department of fish and wildlife: Chapter 77.04 RCW.
unlawful acts: Chapter 77.50 RCW.
Game and game fish: Title 77 RCW.
Horse racing commission: Chapter 67.16 RCW.
(2004 Ed.)
Chapter 67.04 RCW
BASEBALL
Sections
67.04.010
67.04.020
67.04.030
67.04.040
67.04.050
67.04.060
67.04.070
67.04.080
67.04.090
67.04.100
67.04.110
67.04.120
67.04.130
67.04.140
67.04.150
Penalty for bribery in relation to baseball game.
Penalty for acceptance of bribe.
Elements of offense outlined.
"Bribe" defined.
Corrupt baseball playing—Penalty.
Venue of action.
Bonus or extra compensation.
Scope of provisions as to bribes.
Baseball contracts with minors—Definitions.
Contract with minor void unless approved.
Contract with minor—Approval by prosecuting attorney.
Contract with minor—Basis of approval.
Contract with minor—Effect of disapproval.
Negotiations with minor prohibited.
Contract with minor—Penalty for violation.
[Title 67 RCW—page 1]
67.04.010
Title 67 RCW: Sports and Recreation—Convention Facilities
Age of majority: Chapter 26.28 RCW.
67.04.010
67.04.010 Penalty for bribery in relation to baseball
game. Any person who shall bribe or offer to bribe, any
baseball player with intent to influence his play, action or
conduct in any baseball game, or any person who shall bribe
or offer to bribe any umpire of a baseball game, with intent to
influence him to make a wrong decision or to bias his opinion
or judgment in relation to any baseball game or any play
occurring therein, or any person who shall bribe or offer to
bribe any manager, or other official of a baseball club, league
or association, by whatsoever name called, conducting said
game of baseball to throw or lose a game of baseball, shall be
guilty of a gross misdemeanor. [1921 c 181 § 1; RRS § 23211.]
67.04.020
67.04.020 Penalty for acceptance of bribe. Any baseball player who shall accept or agree to accept, a bribe offered
for the purpose of wrongfully influencing his play, action or
conduct in any baseball game, or any umpire of a baseball
game who shall accept or agree to accept a bribe offered for
the purpose of influencing him to make a wrong decision, or
biasing his opinions, rulings or judgment with regard to any
play, or any manager of a baseball club, or club or league
official, who shall accept, or agree to accept, any bribe
offered for the purpose of inducing him to lose or cause to be
lost any baseball game, as set forth in RCW 67.04.010, shall
be guilty of a gross misdemeanor. [1921 c 181 § 2; RRS §
2321-2.]
67.04.030
67.04.030 Elements of offense outlined. To complete
the offenses mentioned in RCW 67.04.010 and 67.04.020, it
shall not be necessary that the baseball player, manager,
umpire or official, shall, at the time, have been actually
employed, selected or appointed to perform their respective
duties; it shall be sufficient if the bribe be offered, accepted or
agreed to with the view of probable employment, selection or
appointment of the person to whom the bribe is offered, or by
whom it is accepted. Neither shall it be necessary that such
baseball player, umpire or manager actually play or participate in a game or games concerning which said bribe is
offered or accepted; it shall be sufficient if the bribe be given,
offered or accepted in view of his or their possibly participating therein. [1921 c 181 § 3; RRS § 2321-3.]
67.04.040
67.04.040 "Bribe" defined. By a "bribe" as used in
RCW 67.04.010 through 67.04.080, is meant any gift, emolument, money or thing of value, testimonial, privilege,
appointment or personal advantage, or the promise of either,
bestowed or promised for the purpose of influencing, directly
or indirectly, any baseball player, manager, umpire, club or
league official, to see which game an admission fee may be
charged, or in which game of baseball any player, manager or
umpire is paid any compensation for his services. Said bribe
as defined in RCW 67.04.010 through 67.04.080 need not be
direct; it may be such as is hidden under the semblance of a
sale, bet, wager, payment of a debt, or in any other manner
designed to cover the true intention of the parties. [1921 c
181 § 4; RRS § 2321-4.]
[Title 67 RCW—page 2]
67.04.050
67.04.050 Corrupt baseball playing—Penalty. Any
baseball player, manager or club or league official who shall
commit any wilful act of omission or commission in playing,
or directing the playing, of a baseball game, with intent to
cause the ball club, with which he is affiliated, to lose a baseball game; or any umpire officiating in a baseball game, or
any club or league official who shall commit any wilful act
connected with his official duties for the purpose and with the
intent to cause a baseball club to win or lose a baseball game,
which it would not otherwise have won or lost under the rules
governing the playing of said game, shall be guilty of a gross
misdemeanor. [1921 c 181 § 5; RRS § 2321-5.]
67.04.060
67.04.060 Venue of action. In all prosecutions under
RCW 67.04.010 through 67.04.080 the venue may be laid in
any county where the bribe herein referred to was given,
offered or accepted, or in which the baseball game was
played in relation to which the bribe was offered, given or
accepted, or the acts referred to in RCW 67.04.050 committed. [1921 c 181 § 6; RRS § 2321-6.]
67.04.070
67.04.070 Bonus or extra compensation. Nothing in
RCW 67.04.010 through 67.04.080 shall be construed to prohibit the giving or offering of any bonus or extra compensation to any manager or baseball player by any person to
encourage such manager or player to a higher degree of skill,
ability or diligence in the performance of his duties. [1921 c
181 § 7; RRS § 2321-7.]
67.04.080
67.04.080 Scope of provisions as to bribes. RCW
67.04.010 through 67.04.080 shall apply only to baseball
league and club officials, umpires, managers and players who
act in such capacity in games where the public is generally
invited to attend and a general admission fee is charged.
[1921 c 181 § 8; RRS § 2321-8.]
67.04.090
67.04.090 Baseball contracts with minors—Definitions. As used in RCW 67.04.090 through 67.04.150 the following terms shall have the following meanings:
(1) "Minor" shall mean any person under the age of eighteen years, and who has not graduated from high school:
PROVIDED, That should he become eighteen during his
senior year he shall be a minor until the end of the school
year;
(2) "Contract" shall mean any contract, agreement,
bonus or gratuity arrangement, whether oral or written;
(3) "Organized professional baseball" shall mean and
include all persons, firms, corporations, associations, or
teams or clubs, or agents thereof, engaged in professional
baseball, or in promoting the interest of professional baseball,
or sponsoring or managing other persons, firms, corporations, associations, teams, or clubs who play baseball in any
of the major or minor professional baseball leagues, or any
such league hereafter organized;
(4) "Agent" shall, in addition to its generally accepted
legal meaning, mean and include those persons commonly
known as "baseball scouts";
(5) "Prosecuting attorney" shall mean the prosecuting
attorney, or his regular deputy, of the county in which the
minor's parent is domiciled;
(2004 Ed.)
Boxing, Martial Arts, and Wrestling
(6) "Parent" shall mean parent, parents or guardian.
[1951 c 78 § 2.]
Purpose—1951 c 78: "The welfare of the children of this state is of paramount interest to the people of the state. It is the purpose of this act to foster
the education of minors and to protect their moral and physical well-being.
Organized professional baseball has in numerous cases induced minors to
enter into contracts and agreements which have been unfair and injurious to
them." [1951 c 78 § 1.]
Severability—1951 c 78: "If any portion, section, or clause of this act,
shall be declared or found invalid by any court of competent jurisdiction,
such adjudication shall not affect the remainder of this act." [1951 c 78 § 9.]
67.04.100
67.04.100 Contract with minor void unless approved.
Any contract between organized professional baseball and a
minor shall be null and void and contrary to the public policy
of the state, unless and until such contract be approved as
hereinafter provided. [1951 c 78 § 3.]
Purpose—Severability—1951 c 78: See notes following RCW
67.04.090.
67.04.110
67.04.110 Contract with minor—Approval by prosecuting attorney. No contract within RCW 67.04.090
through 67.04.150 shall be null and void, nor shall any of the
prohibitions or penalties provided in RCW 67.04.090 through
67.04.150 be applicable if such contract be first approved in
writing by the prosecuting attorney. Such approval may be
sought jointly, or at the request of either party seeking a contract. [1951 c 78 § 4.]
Purpose—Severability—1951 c 78: See notes following RCW
67.04.090.
67.04.120
67.04.120 Contract with minor—Basis of approval.
The prosecuting attorney shall have the authority to examine
all the parties to the proposed contract and any other interested person and shall approve such contract if the following
facts and circumstances are found to exist:
(1) That the minor has not been signed, approached, or
contacted, directly or indirectly, pertaining to a professional
baseball contract except as herein permitted by approval of
the prosecuting attorney;
(2) That the minor has been apprised of the fact that
approval of the contract may deprive him of his amateur status;
(3) That the parent of the minor and the minor have consented to the contract;
(4) That the prosecuting attorney has concluded that the
contract conforms to the provisions of RCW 67.04.090
through 67.04.150, and is a valid and binding contract;
(5) That the contract permits the minor to have at least
five months available each year to continue his high school
education. [1951 c 78 § 5.]
Purpose—Severability—1951 c 78: See notes following RCW
67.04.090.
Employment permits: RCW 28A.225.080.
Purpose—Severability—1951 c 78: See notes following RCW
67.04.090.
67.04.140
67.04.140 Negotiations with minor prohibited. No
representative of organized professional baseball nor agent,
nor person purporting to be able to represent any institution in
organized baseball, whether so authorized to represent such
institution or not, shall initiate or participate in any negotiations which would induce an evasion of this law in any way,
including the removal of any minor to another state, or violate the minor's high school athletic eligibility. [1951 c 78 §
7.]
Purpose—Severability—1951 c 78: See notes following RCW
67.04.090.
67.04.150
67.04.150 Contract with minor—Penalty for violation. Any person, firm, corporation, association, or agent
thereof, who enters into a contract with a minor, or gives a
bonus or any gratuity to any minor to secure the minor's
promise to enter into a contract in violation of the provisions
of RCW 67.04.090 through 67.04.150, or shall otherwise violate any provisions of RCW 67.04.090 through 67.04.150,
shall be guilty of a gross misdemeanor. [1951 c 78 § 8.]
Purpose—Severability—1951 c 78: See notes following RCW
67.04.090.
Chapter 67.08 RCW
BOXING, MARTIAL ARTS, AND WRESTLING
Chapter 67.08
(Formerly: Boxing, sparring, and wrestling)
Sections
67.08.002
67.08.007
67.08.010
67.08.015
67.08.017
67.08.030
67.08.040
67.08.050
67.08.055
67.08.060
67.08.080
67.08.090
67.08.100
67.08.105
67.08.110
67.08.130
67.08.140
67.08.150
67.08.160
67.08.170
67.08.180
67.08.200
67.08.220
67.04.130
67.04.130 Contract with minor—Effect of disapproval. Should the prosecuting attorney not approve the contract as above provided, then such contract shall be void, and
the status of the minor shall remain as if no contract had been
made, unless the prosecuting attorney's determination be the
result of arbitrary or capricious action. [1951 c 78 § 6.]
(2004 Ed.)
Chapter 67.08
67.08.240
67.08.300
67.08.310
67.08.900
67.08.901
67.08.902
67.08.903
Definitions.
Officers, employees, inspectors.
Licenses for boxing, martial arts, and wrestling events—Telecasts.
Duties of department—Exemptions—Rules.
Director—Powers.
Promoters—Bond—Medical insurance.
Issuance of license.
Statement and report of event—Tax on gross receipts—Complimentary tickets.
Simultaneous or closed circuit telecasts—Report—Tax on
gross receipts.
Inspectors—Duties—Fee and travel expenses for attending
events.
Rounds and bouts limited—Weight of gloves—Rules.
Physician's attendance—Examination of contestants—Urinalysis.
Annual licenses—Fees—Qualifications—Revocation—
Exceptions.
License and renewal fees.
Unprofessional conduct—Sham or fake event.
Failure to make report—Additional tax—Hearing—Disciplinary action.
Penalty for conducting events without license—Penalty.
General penalty.
Ambulance or paramedical unit at location.
Security—Promoter's responsibility.
Unprofessional conduct—Prohibited acts.
Unprofessional conduct—Written complaint—Investigation—Immunity of complainant.
Unprofessional conduct—Order upon finding—Penalties—
Costs.
Unprofessional conduct—What constitutes.
Immunity of director and director's agents.
Uniform regulation of business and professions act.
Severability—1933 c 184.
Severability—1993 c 278.
Effective date—1993 c 278.
Severability—1997 c 205.
[Title 67 RCW—page 3]
67.08.002
67.08.002
Title 67 RCW: Sports and Recreation—Convention Facilities
67.08.002 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Amateur" means a person who has never received
nor competed for any purse or other article of value, either for
expenses of training or for participating in an event, other
than a prize of fifty dollars in value or less.
(2) "Boxing" means the sport of attack and defense
which uses the contestants fists and where the contestants
compete with the intent not to injure or disable an opponent,
but to win by decision, knockout, or technical knockout, but
does not include professional wrestling.
(3) "Chiropractor" means a person licensed under chapter 18.25 RCW as a doctor of chiropractic or under the laws
of any jurisdiction in which that person resides.
(4) "Department" means the department of licensing.
(5) "Director" means the director of the department of
licensing or the director's designee.
(6) "Event" includes, but is not limited to, a boxing,
wrestling, or martial arts contest, sparring, fisticuffs, match,
show, or exhibition.
(7) "Event physician" means the physician licensed
under RCW 67.08.100 and who is responsible for the activities described in RCW 67.08.090.
(8) "Face value" means the dollar value of a ticket or
order, which value must reflect the dollar amount that the
customer is required to pay or, for a complimentary ticket,
would have been required to pay to purchase a ticket with
equivalent seating priority, in order to view the event.
(9) "Gross receipts" means the amount received from the
face value of all tickets sold and complimentary tickets
redeemed.
(10) "Kickboxing" means a type of boxing in which
blows are delivered with the fist and any part of the leg below
the hip, including the foot and where the contestants compete
with the intent not to injure or disable an opponent, but to win
by decision, knockout, or technical knockout.
(11) "Martial arts" means a type of boxing including
sumo, judo, karate, kung fu, tae kwon do, pankration, muay
thai, or other forms of full-contact martial arts or self-defense
conducted on a full-contact basis where weapons are not used
and the participants utilize kicks, punches, blows, or other
techniques with the intent not to injure or disable an opponent, but to defeat an opponent or win by decision, knockout,
technical knockout, or submission.
(12) "No holds barred fighting," also known as "frontier
fighting" and "extreme fighting," means a contest, exhibition,
or match between contestants where any part of the contestant's body may be used as a weapon or any means of fighting
may be used with the specific purpose to intentionally injure
the other contestant in such a manner that they may not
defend themselves and a winner is declared. Rules may or
may not be used.
(13) "Combative fighting," also known as "toughman
fighting," "toughwoman fighting," "badman fighting," and
"so you think you're tough," means a contest, exhibition, or
match between contestants who use their fists, with or without gloves, or their feet, or both, and which allows contestants that are not trained in the sport to compete and the object
is to defeat an opponent or to win by decision, knockout, or
technical knockout.
[Title 67 RCW—page 4]
(14) "Physician" means a person licensed under chapter
18.57, 18.36A, or 18.71 RCW as a physician or a person
holding an osteopathic or allopathic physician license under
the laws of any jurisdiction in which the person resides.
(15) "Professional" means a person who has received or
competed for any purse or other articles of value greater than
fifty dollars, either for the expenses of training or for participating in an event.
(16) "Promoter" means a person, and includes any
officer, director, employee, or stockholder of a corporate promoter, who produces, arranges, stages, holds, or gives an
event in this state involving a professional boxing, martial
arts, or wrestling event, or shows or causes to be shown in
this state a closed circuit telecast of a match involving a professional participant whether or not the telecast originates in
this state.
(17) "Wrestling exhibition" or "wrestling show" means a
form of sports entertainment in which the participants display
their skills in a physical struggle against each other in the ring
and either the outcome may be predetermined or the participants do not necessarily strive to win, or both.
(18) "Amateur event" means an event in which all the
participants are "amateurs" and which is registered and sanctioned by:
(a) United States Amateur Boxing, Inc.;
(b) Washington Interscholastic Activities Association;
(c) National Collegiate Athletic Association;
(d) Amateur Athletic Union;
(e) Golden Gloves of America;
(f) United Full Contact Federation;
(g) Any similar organization recognized by the department as exclusively or primarily dedicated to advancing the
sport of amateur boxing, kickboxing, or martial arts, as those
sports are defined in this section; or
(h) Local affiliate of any organization identified in this
subsection.
(19) "Elimination tournament" means any contest in
which contestants compete in a series of matches until not
more than one contestant remains in any weight category.
The term does not include any event that complies with the
provisions of RCW 67.08.015(2) (a) or (b). [2004 c 149 § 1;
2002 c 147 § 1; 1999 c 282 § 2; 1997 c 205 § 1; 1993 c 278 §
8; 1989 c 127 § 1.]
Effective date—2004 c 149: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 26, 2004]." [2004 c 149 § 3.]
Effective date—2002 c 147: "This act takes effect January 1, 2003."
[2002 c 147 § 4.]
67.08.007
67.08.007 Officers, employees, inspectors. The
department may employ and fix the compensation of such
officers, employees, and inspectors as may be necessary to
administer the provisions of this chapter as amended. [1993
c 278 § 9; 1959 c 305 § 2; 1933 c 184 § 4; RRS § 8276-4. Formerly RCW 43.48.040.]
67.08.010
67.08.010 Licenses for boxing, martial arts, and
wrestling events—Telecasts. The department shall have
power to issue and take disciplinary action as provided in
RCW 18.235.130 against a license to conduct, hold, or pro(2004 Ed.)
Boxing, Martial Arts, and Wrestling
mote boxing, martial arts, or wrestling events or closed circuit telecasts of these events as provided in this chapter and
chapter 18.235 RCW under such terms and conditions and at
such times and places as the department may determine.
[2002 c 86 § 305; 1997 c 205 § 2; 1993 c 278 § 10; 1989 c 127
§ 13; 1975-'76 2nd ex.s. c 48 § 2; 1933 c 184 § 7; RRS §
8276-7. Prior: 1909 c 249 § 304; 1890 p 109 § 1; 1886 p 82
§ 1.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
67.08.015 Duties of department—Exemptions—
Rules. (1) In the interest of ensuring the safety and welfare
of the participants, the department shall have power and it
shall be its duty to direct, supervise, and control all boxing,
martial arts, and wrestling events conducted within this state
and an event may not be held in this state except in accordance with the provisions of this chapter. The department
may, in its discretion, issue and for cause, which includes
concern for the safety and welfare of the participants, take
any of the actions specified in RCW 18.235.110 against a
license to promote, conduct, or hold boxing, kickboxing,
martial arts, or wrestling events where an admission fee is
charged by any person, club, corporation, organization, association, or fraternal society.
(2) All boxing, kickboxing, martial arts, or wrestling
events that:
(a) Are conducted by any common school, college, or
university, whether public or private, or by the official student association thereof, whether on or off the school, college, or university grounds, where all the participating contestants are bona fide students enrolled in any common
school, college, or university, within or without this state; or
(b) Are entirely amateur events as defined in RCW
67.08.002(18) and promoted on a nonprofit basis or for charitable purposes;
are not subject to the licensing provisions of this chapter. A
boxing, martial arts, kickboxing, or wrestling event may not
be conducted within the state except under a license issued in
accordance with this chapter and the rules of the department
except as provided in this section.
(3) The director shall prohibit events unless all of the
contestants are licensed or otherwise exempt from licensure
as provided under this chapter.
(4) No amateur or professional no holds barred fighting
or combative fighting type of contest, exhibition, match, or
similar type of event, nor any elimination tournament, may
be held in this state. Any person promoting such an event is
guilty of a class C felony. Additionally, the director may
apply to a superior court for an injunction against any and all
promoters of a contest, and may request that the court seize
all money and assets relating to the competition. [2004 c 149
§ 2; 2002 c 86 § 306; 2000 c 151 § 2; 1999 c 282 § 3; 1997 c
205 § 3; 1993 c 278 § 12; 1989 c 127 § 14; 1977 c 9 § 2.
Prior: 1975-'76 2nd ex.s. c 48 § 3; 1975 c 1 § 1; 1973 c 53 §
1; 1951 c 48 § 2.]
67.08.015
Effective date—2004 c 149: See note following RCW 67.08.002.
Effective dates—2002 c 86: See note following RCW 18.08.340.
67.08.050
67.08.017 Director—Powers. In addition to the powers described in RCW 18.235.030 and 18.235.040, the director or the director's designee has the following authority in
administering this chapter:
(1) Adopt, amend, and rescind rules as deemed necessary
to carry out this chapter;
(2) Adopt standards of professional conduct or practice;
(3) Enter into an assurance of discontinuance in lieu of
issuing a statement of charges or conducting a hearing. The
assurance shall consist of a statement of the law in question
and an agreement not to violate the stated provision. The
applicant or license holder shall not be required to admit to
any violation of the law, and the assurance shall not be construed as such an admission. Violation of an assurance under
this subsection is grounds for disciplinary action; and
(4) Establish and assess fines for violations of this chapter that may be subject to payment from a contestant's purse.
[2002 c 86 § 307; 1997 c 205 § 4; 1993 c 278 § 11.]
67.08.017
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
67.08.030 Promoters—Bond—Medical insurance.
(1) Every promoter, as a condition for receiving a license,
shall file with the department a surety bond in an amount to
be determined by the department, but not less than ten thousand dollars, to cover all of the event locations applied for
within the state during the license period, conditioned upon
the faithful performance by such licensee of the provisions of
this chapter, the payment of the taxes, officials, and contracts
as provided for herein and the observance of all rules of the
department.
(2) Boxing promoters must obtain medical insurance in
an amount set by the director, but not less than fifty thousand
dollars, to cover any injuries incurred by participants at the
time of each event held in this state and provide proof of
insurance to the department seventy-two hours before each
event. The evidence of insurance must specify, at a minimum, the name of the insurance company, the insurance policy number, the effective date of the coverage, and evidence
that each participant is covered by the insurance. The promoter must pay any deductible associated with the insurance
policy.
(3) In lieu of the insurance requirement of subsection (2)
of this section, a promoter of the boxing event who so
chooses may, as a condition for receiving a license under this
chapter, file proof of medical insurance coverage that is in
effect for the entire term of the licensing period.
(4) The department shall cancel a boxing event if the
promoter fails to provide proof of medical insurance within
the proper time frame. [1997 c 205 § 5; 1993 c 278 § 13;
1989 c 127 § 6; 1933 c 184 § 9; RRS § 8276-9.]
67.08.030
67.08.040 Issuance of license. Upon the approval by
the department of any application for a license, as hereinabove provided, and the filing of the bond the department
shall forthwith issue such license. [1993 c 278 § 14; 1975-'76
2nd ex.s. c 48 § 4; 1933 c 184 § 10; RRS § 8276-10.]
67.08.040
67.08.050 Statement and report of event—Tax on
gross receipts—Complimentary tickets. (1) Any promoter
67.08.050
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
(2004 Ed.)
[Title 67 RCW—page 5]
67.08.055
Title 67 RCW: Sports and Recreation—Convention Facilities
shall within seven days prior to the holding of any event file
with the department a statement setting forth the name of
each licensee who is a potential participant, his or her manager or managers, and such other information as the department may require. Participant changes regarding a wrestling
event may be allowed after notice to the department, if the
new participant holds a valid license under this chapter. The
department may stop any wrestling event in which a participant is not licensed under this chapter.
(2) Upon the termination of any event the promoter shall
file with the designated department representative a written
report, duly verified as the department may require showing
the number of tickets sold for the event, the price charged for
the tickets and the gross proceeds thereof, and such other and
further information as the department may require. The promoter shall pay to the department at the time of filing the
report under this section a tax equal to five percent of such
gross receipts. However, the tax may not be less than twentyfive dollars. The five percent of such gross receipts shall be
immediately paid by the department into the state general
fund.
(3) A complimentary ticket may not have a face value of
less than the least expensive ticket available for sale to the
general public. The number of untaxed complimentary tickets shall be limited to ten percent of the total tickets sold per
event location, not to exceed one thousand tickets. All complimentary tickets exceeding this exemption shall be subject
to taxation. [2000 c 151 § 1; 1999 c 282 § 4; 1997 c 205 § 6;
1993 c 278 § 15; 1989 c 127 § 7; 1933 c 184 § 11; RRS §
8276-11. FORMER PART OF SECTION: 1939 c 54 § 1;
RRS § 8276-11a, now footnoted below.]
Emergency—Effective date—1939 c 54: "That this act is necessary
for the immediate support of the state government and its existing public
institutions and shall take effect April 1, 1939." [1939 c 54 § 6; no RRS.]
It shall be their duty to see that all rules of the department and
the provisions of this chapter are strictly complied with and to
be present at the accounting of the gross receipts of any event,
and such inspector is authorized to receive from the licensee
conducting the event the statement of receipts herein provided for and to immediately transmit such reports to the
department. Each inspector shall receive a fee and travel
expenses from the promoter to be set by the director for each
event officially attended. [1997 c 205 § 7; 1993 c 278 § 17;
1989 c 127 § 16; 1988 c 19 § 2; 1975-'76 2nd ex.s. c 34 § 154;
1959 c 305 § 4; 1933 c 184 § 12; RRS § 8276-12.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
67.08.080
67.08.080 Rounds and bouts limited—Weight of
gloves—Rules. A boxing event held in this state may not be
for more than ten rounds and no one round of any bout shall
be scheduled for longer than three minutes and there shall be
not less than one minute intermission between each round. In
the event of bouts involving state, regional, national, or world
championships the department may grant an extension of no
more than two additional rounds to allow total bouts of
twelve rounds. A contestant in any boxing event under this
chapter may not be permitted to wear gloves weighing less
than eight ounces. The director shall adopt rules to assure
clean and sportsmanlike conduct on the part of all contestants
and officials, and the orderly and proper conduct of the event
in all respects, and to otherwise make rules consistent with
this chapter, but such rules shall apply only to events held
under the provisions of this chapter. The director may adopt
rules with respect to round and bout limitations and clean and
sportsmanlike conduct for kickboxing, martial arts, or wrestling events. [1999 c 282 § 5; 1997 c 205 § 8; 1993 c 278 §
18; 1989 c 127 § 8; 1974 ex.s. c 45 § 1; 1959 c 305 § 5; 1933
c 184 § 14; RRS § 8276-14.]
67.08.055
67.08.055 Simultaneous or closed circuit telecasts—
Report—Tax on gross receipts. Every licensee who
charges and receives an admission fee for exhibiting a simultaneous telecast of any live, current, or spontaneous boxing
or sparring match, or wrestling exhibition or show on a
closed circuit telecast viewed within this state shall, within
seventy-two hours after such event, furnish to the department
a verified written report on a form which is supplied by the
department showing the number of tickets issued or sold, and
the gross receipts therefor without any deductions whatsoever. Such licensee shall also, at the same time, pay to the
department a tax equal to five percent of such gross receipts
paid for admission to the showing of the contest, match or
exhibition. In no event, however, shall the tax be less than
twenty-five dollars. The tax shall apply uniformly at the same
rate to all persons subject to the tax. Such receipts shall be
immediately paid by the department into the general fund of
the state. [1993 c 278 § 16; 1989 c 127 § 15; 1975-'76 2nd
ex.s. c 48 § 5.]
67.08.060
67.08.060 Inspectors—Duties—Fee and travel
expenses for attending events. The department may appoint
official inspectors at least one of which, in the absence of a
member of the department, shall be present at any event held
under the provisions of this chapter. Such inspectors shall
carry a card signed by the director evidencing their authority.
[Title 67 RCW—page 6]
67.08.090
67.08.090 Physician's attendance—Examination of
contestants—Urinalysis. (1) Each contestant for boxing,
kickboxing, or martial arts events shall be examined within
twenty-four hours before the contest by an event physician
licensed by the department. The event physician shall report
in writing and over his or her signature before the event the
physical condition of each and every contestant to the inspector present at such contest. No contestant whose physical
condition is not approved by the event physician shall be permitted to participate in any event. Blank forms for event physicians' reports shall be provided by the department and all
questions upon such blanks shall be answered in full. The
event physician shall be paid a fee and travel expenses by the
promoter.
(2) The department may require that an event physician
be present at a wrestling event. The promoter shall pay the
event physician present at a wrestling event. A boxing, kickboxing, or martial arts event may not be held unless an event
physician licensed by the department is present throughout
the event. In addition to the event physician, a chiropractor
may be included as a licensed official at a boxing, kickboxing, or martial arts event. The promoter shall pay the chiropractor present at a boxing, kickboxing, or martial arts event.
(3) Any physician licensed under RCW 67.08.100 may
be selected by the department as the event physician. The
(2004 Ed.)
Boxing, Martial Arts, and Wrestling
event physician present at any contest shall have authority to
stop any event when in the event physician's opinion it would
be dangerous to a contestant to continue, and in such event it
shall be the event physician's duty to stop the event.
(4) The department may have a participant in a wrestling
event examined by an event physician licensed by the department prior to the event. A participant in a wrestling event
whose condition is not approved by the event physician shall
not be permitted to participate in the event.
(5) Each contestant for boxing, kickboxing, martial arts,
or wrestling events may be subject to a random urinalysis or
chemical test within twenty-four hours before or after a contest. In addition to the unprofessional conduct specified in
RCW 18.235.130, an applicant or licensee who refuses or
fails to submit to the urinalysis or chemical test is subject to
disciplinary action under RCW 18.235.110. If the urinalysis
or chemical test is positive for substances prohibited by rules
adopted by the director, the applicant or licensee has engaged
in unprofessional conduct and disciplinary action may be
taken under RCW 18.235.110. [2002 c 147 § 2; 2002 c 86 §
308; 1999 c 282 § 6; 1997 c 205 § 9; 1993 c 278 § 19; 1989 c
127 § 9; 1933 c 184 § 15; RRS § 8276-15.]
Reviser's note: This section was amended by 2002 c 86 § 308 and by
2002 c 147 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 147: See note following RCW 67.08.002.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
67.08.100
67.08.100 Annual licenses—Fees—Qualifications—
Revocation—Exceptions. (1) The department upon receipt
of a properly completed application and payment of a nonrefundable fee, may grant an annual license to an applicant for
the following: (a) Promoter; (b) manager; (c) boxer; (d) second; (e) wrestling participant; (f) inspector; (g) judge; (h)
timekeeper; (i) announcer; (j) event physician; (k) chiropractor; (l) referee; (m) matchmaker; (n) kickboxer; and (o) martial arts participant.
(2) The application for the following types of licenses
shall include a physical performed by a physician, as defined
in RCW 67.08.002, which was performed by the physician
with a time period preceding the application as specified by
rule: (a) Boxer; (b) wrestling participant; (c) kickboxer; (d)
martial arts participant; and (e) referee.
(3) An applicant for the following types of licenses for
the sports of boxing, kickboxing, and martial arts shall provide annual proof of certification as having adequate experience, skill, and training from an organization approved by the
department, including, but not limited to, the association of
boxing commissions, the international boxing federation, the
international boxing organization, the Washington state association of professional ring officials, the world boxing association, the world boxing council, or the world boxing organization for boxing officials, and the united full contact federation for kickboxing and martial arts officials: (a) Judge; (b)
referee; (c) inspector; (d) timekeeper; or (e) other officials
deemed necessary by the department.
(4) No person shall participate or serve in any of the
above capacities unless licensed as provided in this chapter.
(2004 Ed.)
67.08.110
(5) The referees, judges, timekeepers, event physicians,
chiropractors, and inspectors for any boxing, kickboxing, or
martial arts event shall be designated by the department from
among licensed officials.
(6) The referee for any wrestling event shall be provided
by the promoter and shall be licensed as a wrestling participant.
(7) The department shall immediately suspend the
license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a
support order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the
department's receipt of a release issued by the department of
social and health services stating that the licensee is in compliance with the order.
(8) A person may not be issued a license if the person has
an unpaid fine outstanding to the department.
(9) A person may not be issued a license unless they are
at least eighteen years of age.
(10) This section shall not apply to contestants or participants in events at which only amateurs are engaged in contests and/or fraternal organizations and/or veterans' organizations chartered by congress or the defense department or any
recognized amateur sanctioning body recognized by the
department, holding and promoting athletic events and where
all funds are used primarily for the benefit of their members.
Upon request of the department, a promoter, contestant, or
participant shall provide sufficient information to reasonably
determine whether this chapter applies. [2002 c 147 § 3;
2002 c 86 § 309; 2001 c 246 § 1; 1999 c 282 § 7. Prior: 1997
c 205 § 10; 1997 c 58 § 864; 1993 c 278 § 20; 1989 c 127 §
10; 1959 c 305 § 6; 1933 c 184 § 16; RRS § 8276-16.
FORMER PART OF SECTION: 1933 c 184 § 20, part; RRS
§ 8276-20, part, now codified in RCW 67.08.025.]
Reviser's note: This section was amended by 2002 c 86 § 309 and by
2002 c 147 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 147: See note following RCW 67.08.002.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
67.08.105
67.08.105 License and renewal fees. The department
shall set license and renewal fees by rule, but the fees collected do not have to offset the cost of the program as
required under RCW 43.24.086. [1999 c 282 § 1.]
67.08.110 Unproffesional conduct—Sham or fake
event. (1) Any person or any member of any group of persons or corporation promoting boxing events who shall participate directly or indirectly in the purse or fee of any manager of any boxers or any boxer and any licensee who shall
conduct or participate in any sham or fake boxing event has
67.08.110
[Title 67 RCW—page 7]
67.08.130
Title 67 RCW: Sports and Recreation—Convention Facilities
engaged in unprofessional conduct and is subject to the sanctions specified in RCW 18.235.110.
(2) A manager of any boxer, kickboxer, or martial arts
participant who allows any person or any group of persons or
corporation promoting boxing, kickboxing, or martial arts
events to participate directly or indirectly in the purse or fee,
or any boxer, kickboxer, or martial arts participant or other
licensee who conducts or participates in any sham or fake
boxing, kickboxing, or martial arts event has engaged in
unprofessional conduct and is subject to the sanctions specified in RCW 18.235.110. [2002 c 86 § 310; 1999 c 282 § 8;
1997 c 205 § 11; 1993 c 278 § 21; 1989 c 127 § 11; 1933 c
184 § 17; RRS § 8276-17.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
which no penalty is herein provided shall be guilty of a misdemeanor. [1933 c 184 § 24; RRS § 8276-24.]
67.08.160
67.08.160 Ambulance or paramedical unit at location. A promoter shall have an ambulance or paramedical
unit present at the event location. [1999 c 282 § 10; 1989 c
127 § 2.]
67.08.170
67.08.170 Security—Promoter's responsibility. A
promoter shall ensure that adequate security personnel are in
attendance at a wrestling or boxing event to control fans in
attendance. The size of the security force shall be determined
by mutual agreement of the promoter, the person in charge of
operating the arena or other facility, and the department.
[1997 c 205 § 15; 1993 c 278 § 25; 1989 c 127 § 3.]
67.08.180
67.08.130
67.08.130 Failure to make report—Additional tax—
Hearing—Disciplinary action. Whenever any licensee
shall fail to make a report of any event within the time prescribed by this chapter or when such report is unsatisfactory
to the department, the director may examine the books and
records of such licensee; he or she may subpoena and examine under oath any officer of such licensee and such other
person or persons as he or she may deem necessary to a determination of the total gross receipts from any event and the
amount of tax thereon. If, upon the completion of such examination it shall be determined that an additional tax is due,
notice thereof shall be served upon the licensee, providing the
licensee with an opportunity to request a hearing under chapter 34.05 RCW. The failure to request a hearing within
twenty days of service of the notice constitutes a default,
whereupon the director will enter a decision on the facts
available. Failure to pay such additional tax within twenty
days after service of a final order constitutes unprofessional
conduct and the licensee may be subject to disciplinary action
against its license and shall be disqualified from receiving
any new license. [2002 c 86 § 311; 1997 c 205 § 13; 1993 c
278 § 23; 1933 c 184 § 19; RRS § 8276-19.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
67.08.140
67.08.140 Penalty for conducting events without
license—Penalty. Any person, club, corporation, organization, association, fraternal society, participant, or promoter
conducting or participating in boxing or wrestling events
within this state without having first obtained a license therefor in the manner provided by this chapter is in violation of
this chapter and shall be guilty of a misdemeanor excepting
the events excluded from the operation of this chapter by
RCW 67.08.015. [2002 c 86 § 312; 1997 c 205 § 14; 1993 c
278 § 24; 1989 c 127 § 17; 1988 c 19 § 3; 1959 c 305 § 7;
1951 c 48 § 1; 1933 c 184 § 22; RRS § 8276-22.]
67.08.180 Unprofessional conduct—Prohibited acts.
In addition to the unprofessional conduct specified in RCW
18.235.130, the following conduct, acts, or conditions constitute unprofessional conduct for which disciplinary action
may be taken:
(1) Destruction of any ticket or ticket stub, whether sold
or unsold, within three months after the date of any event, by
any promoter or person associated with or employed by any
promoter.
(2) The deliberate cutting of himself or herself or other
self mutilation by a wrestling participant while participating
in a wrestling event.
(3) A conviction under chapter 69.50 RCW.
(4) Testing positive for illegal use of a controlled substance as defined in RCW 69.50.101.
(5) The striking of any person that is not a licensed participant at a wrestling event. [2002 c 86 § 313; 1997 c 205 §
16; 1989 c 127 § 4.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
67.08.200
67.08.200 Unprofessional conduct—Written complaint—Investigation—Immunity of complainant. A person, including but not limited to a consumer, licensee, corporation, organization, and state and local governmental
agency, may submit a written complaint to the department
charging a license holder or applicant with unprofessional
conduct and specifying the grounds for the complaint. If the
department determines that the complaint merits investigation or if the department has reason to believe, without a formal complaint, that a license holder or applicant may have
engaged in unprofessional conduct, the department shall
investigate to determine whether there has been unprofessional conduct. A person who files a complaint under this
section in good faith is immune from suit in any civil action
related to the filing or contents of the complaint. [1997 c 205
§ 17.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
67.08.150
67.08.150 General penalty. Any person, firm or corporation violating any of the provisions of this chapter for
[Title 67 RCW—page 8]
67.08.220
67.08.220 Unprofessional conduct—Order upon
finding—Penalties—Costs. Upon a finding that a license
holder or applicant has committed unprofessional conduct the
director may issue an order providing for one or any combination of the following:
(2004 Ed.)
Boxing, Martial Arts, and Wrestling
(1) Revocation of the license;
(2) Suspension of the license for a fixed or indefinite
term;
(3) Requiring the satisfactory completion of a specific
program of remedial education;
(4) Compliance with conditions of probation for a designated period of time;
(5) Payment of a fine not to exceed five hundred dollars
for each violation of this chapter;
(6) Denial of the license request;
(7) Corrective action, including paying contestants the
contracted purse or compensation; or
(8) Refund of fees billed to and collected from the consumer.
Any of the actions under this section may be totally or
partly stayed by the director. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant. [1997 c 205 § 19.]
67.08.240
67.08.240 Unprofessional conduct—What constitutes. The following conduct, acts, or conditions constitute
unprofessional conduct for a license holder or applicant
under this chapter:
(1) Conviction of a gross misdemeanor, felony, or the
commission of an act involving moral turpitude, dishonesty,
or corruption whether the act constitutes a crime or not. If the
act constitutes a crime, conviction in a criminal proceeding is
not a condition precedent to disciplinary action. Upon such a
conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt
of the license holder or applicant of the crime described in the
indictment or information, and of the person's violation of the
statute on which it is based. For the purposes of this section,
conviction includes all instances in which a plea of guilty or
nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. This section does not abrogate rights guaranteed
under chapter 9.96 RCW;
(2) Misrepresentation or concealment of a material fact
in obtaining a license or in reinstatement of a license;
(3) Advertising that is false, fraudulent, or misleading;
(4) Incompetence or negligence that results in injury to a
person or that creates an unreasonable risk that a person may
be harmed;
(5) Suspension, revocation, or restriction of a license to
act as a professional athletic licensee by competent authority
in a state, federal, or foreign jurisdiction, a certified copy of
the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;
(6) Violation of a statute or administrative rule regulating professional athletics;
(7) Failure to cooperate with the department's investigations by:
(a) Not furnishing papers or documents;
(b) Not furnishing in writing a full and complete explanation regarding a matter under investigation by the department; or
(c) Not responding to subpoenas issued by the department, whether or not the recipient of the subpoena is the subject of the proceeding;
(2004 Ed.)
67.08.903
(8) Failure to comply with an order issued by the director
or an assurance of discontinuance entered into by the director;
(9) Aiding or abetting an unlicensed person to act in a
manner that requires a professional athletics licensee
[license];
(10) Misrepresentation or fraud in any aspect of the conduct of a professional athletics event; and
(11) Interference with an investigation or disciplinary
proceeding by willful misrepresentation of facts before the
department or by the use of threats or harassment against any
person to prevent them from providing evidence in a disciplinary proceeding or other legal action. [1997 c 205 § 21.]
67.08.300
67.08.300 Immunity of director and director's
agents. The director or individuals acting on the director's
behalf are immune from suit in an action, civil or criminal,
based on official acts performed in the course of their duties
in the administration and enforcement of this chapter. [2002
c 86 § 314; 1997 c 205 § 24.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
67.08.310
67.08.310 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 315.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
67.08.900
67.08.900 Severability—1933 c 184. If any section or
provision of this chapter shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of this chapter as a whole, or any section, provision or part
thereof not adjudged invalid or unconstitutional. [1933 c 184
§ 25; RRS § 8276-25.]
67.08.901
67.08.901 Severability—1993 c 278. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 278 § 27.]
67.08.902
67.08.902 Effective date—1993 c 278. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 278 § 28.]
67.08.903
67.08.903 Severability—1997 c 205. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1997 c 205 § 26.]
[Title 67 RCW—page 9]
Chapter 67.12
Title 67 RCW: Sports and Recreation—Convention Facilities
Chapter 67.12 RCW
DANCING, BILLIARDS, POOL, AND BOWLING
Chapter 67.12
Sections
67.12.021
67.12.110
Licenses for public dances and public recreational or entertainment activities—Fees.
License required for rural pool halls, billiard halls, and bowling alleys.
Regulations of places of amusement by cities and towns, see under applicable class of city or town: Title 35 RCW and RCW 35A.11.020.
tions have been codified as RCW 36.71.070 and 36.71.080. As to the sections relating to intoxicating liquors, it seems clear that this field has been
preempted by the state; see RCW 66.08.120. For a later enactment concerning the licensing of rural pool halls, billiard halls, and bowling alleys, see
RCW 67.12.110.
Alcoholic beverage control: Title 66 RCW.
67.14.010
67.14.010 Hawkers and auctioneers must procure
license—Exceptions. See RCW 36.71.070.
67.14.020
67.12.021 Licenses for public dances and public recreational or entertainment activities—Fees. Counties are
authorized to adopt ordinances to license and regulate public
dances and other public recreational or entertainment activities in the unincorporated areas of the county whether or not
held inside or outside of a building and whether or not admission charges are imposed.
License fees may be adequate to finance the costs of
issuing the license and enforcing the regulations, including
related law enforcement activities. [1987 c 250 § 1.]
67.12.021
67.12.110 License required for rural pool halls, billiard halls, and bowling alleys. The county legislative
authority of each county in the state of Washington shall have
sole and exclusive authority and power to regulate, restrain,
license, or prohibit the maintenance or running of pool halls,
billiard halls, and bowling alleys outside of the incorporated
limits of each incorporated city, town, or village in their
respective counties: PROVIDED, That the annual license fee
for maintenance or running such pool halls, billiard halls, and
bowling alleys shall be fixed in accordance with RCW
36.32.120(3), and which license fee shall be paid annually in
advance to the appropriate county official: PROVIDED
FURTHER, That nothing herein or elsewhere shall be so construed as to prevent the county legislative authority from
revoking any license at any time prior to the expiration
thereof for any cause by such county legislative authority
deemed proper. And if said county legislative authority
revokes said license it shall refund the unearned portion of
such license. [1985 c 91 § 10; 1909 c 112 § 1; RRS § 8289.]
67.14.020 Sale or other disposition of liquor—
County license—Penalty. If any person shall sell or dispose
of any spirituous, malt, or fermented liquors or wines, in any
quantity less than one gallon, without first obtaining a license
therefor as hereinafter provided, such person shall, for each
and every such offense, be liable to a fine of not less than five
nor more than fifty dollars, with costs of prosecution. [1873
p 437 § 2; Code 1881, Bagley's Supp. p 26 § 2.]
67.14.030
67.14.030 Hawkers and auctioneers—Issuance of
license. See RCW 36.71.080.
67.12.110
Licensing under 1873 act: Chapter 67.14 RCW.
Chapter 67.14 RCW
BILLIARD TABLES, BOWLING ALLEYS, AND
MISCELLANEOUS GAMES—1873 ACT
Chapter 67.14
Sections
67.14.010
67.14.020
67.14.030
67.14.040
67.14.050
67.14.060
67.14.070
67.14.080
67.14.090
67.14.100
67.14.110
67.14.120
Hawkers and auctioneers must procure license—Exceptions.
Sale or other disposition of liquor—County license—Penalty.
Hawkers and auctioneers—Issuance of license.
Retail liquor license.
Wholesale liquor license—Billiard table, bowling alley
licenses.
Liquor sales, keeping games, without license—Penalty.
Purchase of license—Bond.
Duration of license.
Issuance of license.
When contrivance deemed kept for hire.
Druggists excepted.
Disposition of fees, fines, and forfeitures.
Reviser's note: The territorial act codified in this chapter, though for
the most part obsolete, has never been expressly repealed. "An Act in relation to licenses," it empowers the county commissioners to license hawkers
and auctioneers, persons dealing in intoxicating liquors, and persons conducting bowling alleys, billiard tables and other games. The auctioneer sec[Title 67 RCW—page 10]
67.14.040
67.14.040 Retail liquor license. The legislative authorities of each county, in their respective counties, shall have
the power to grant license to persons to keep drinking houses
or saloons therein, at which spirituous, malt, or fermented
liquors and wines may be sold in less quantities than one gallon; and such license shall be called a retail license upon the
payment, by the person applying for such license, of the sum
of three hundred dollars a year into the county treasury, and
the execution of a good and sufficient bond, executed to such
county in the sum of one thousand dollars, to be approved by
such legislative authority or the county auditor of the county
in which such license is granted, conditioned that he will
keep such drinking saloon or house in a quiet, peaceable, and
orderly manner: PROVIDED, The foregoing shall not be so
construed as to prevent the legislative authority of any county
from granting licenses to drinking saloons or houses therein,
when there is but little business doing, for less than three hundred dollars, but in no case for less than one hundred dollars
per annum: AND PROVIDED FURTHER, That such license
shall be used only in the precinct to which it shall be granted;
PROVIDED FURTHER, that no license shall be used in
more than one place at the same time. AND FURTHER
PROVIDED, That no license shall be granted to any person
to retail spirituous liquors until he shall furnish to the legislative authority satisfactory proof that he is a person of good
moral character. [1973 1st ex.s. c 154 § 100; 1875 p 124 § 1;
1873 p 438 § 4; Code 1881, Bagley's Supp. p 26 § 4.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
67.14.050
67.14.050 Wholesale liquor license—Billiard table,
bowling alley licenses. Said county commissioners in their
respective counties shall also have power to grant licenses to
sell spirituous liquors and wines therein in greater quantities
than one gallon, to be called a wholesale license upon payment of the sum of not to exceed one hundred dollars per
annum into the county treasury by such person so desiring
such license; also, upon payment of not to exceed a like sum
into the county treasury by any person desiring a grocery
license to sell lager beer to grant such person such license to
(2004 Ed.)
Horse Racing
sell for the period of one year. Also, upon the payment of
such sum as the county commissioners may establish and fix,
by order duly entered in the record of their proceedings, not
exceeding twenty-five dollars per annum for each billiard
table, pigeon-hole table, or bowling alley, grant a license to
any person applying for the same and giving such bond not
exceeding two hundred dollars, as such commissioners may
require: PROVIDED, No person shall be required to take out
any license to sell any wine made from fruit produced by
such person's own labor, in this territory. [1873 p 438 § 5;
Code 1881, Bagley's Supp. p 27 § 5.]
License required for rural pool halls, billiard halls and bowling alleys:
RCW 67.12.110.
67.14.060
67.14.060 Liquor sales, keeping games, without
license—Penalty. Any person who shall sell spirituous
liquors or wines in greater quantities than one gallon, or shall
retail lager beer, or keep a billiard table or tables, or bowling
alley or alleys for hire, in any county in this territory, without
first taking out a license therefor, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined in
any sum not exceeding fifty dollars nor less than five dollars,
and shall be committed to the county jail of the county where
such offense may be committed, and be placed at hard labor
until such fine and cost shall be paid or they may otherwise be
discharged by due course of law. [1873 p 439 § 6; Code
1881, Bagley's Supp. p 27 § 6; RRS § 8290. Formerly RCW
67.12.120.]
67.14.070
67.14.070 Purchase of license—Bond. Any person
desiring a license to do any business provided by this chapter
that a license shall be taken out for doing, shall have the same
granted by paying to the county treasurer of the county where
he wishes to carry on such business the maximum sum that
the county commissioners are by this chapter authorized to
fix therefor, and executing such bond, to be approved by the
county auditor, as is provided in this chapter, shall be given
before license shall issue for carrying on such business.
[1873 p 439 § 7; Code 1881, Bagley's Supp. p 27 § 7.]
67.14.080
67.14.080 Duration of license. The licenses authorized
to be granted by this chapter shall at the option of the person
applying for the same, be granted for six, nine, or twelve
months, and the person holding such license may transact the
business thereby authorized at any place in the county where
such license is granted: PROVIDED, That such business
shall not be transacted in but one place in the county at a time.
[1873 p 439 § 8; Code 1881, Bagley's Supp. p 27 § 8.]
the treasurer's certificate would entitle the person so presenting the same to have a license issued for. [1873 p 439 § 9;
Code 1881, Bagley's Supp. p 27 § 9.]
67.14.100 When contrivance deemed kept for hire.
Any person who shall keep a billiard table or tables, pigeonhole, Jenny Lind, and all other gaming tables, or bowling
alley or bowling alleys in a drinking saloon or house or in a
room or building adjoining or attached thereto, and shall
allow the same to be used by two or more persons to determine by play thereon which of the persons so playing shall
pay for drinks, cigars, or other articles for sale in such saloon
or drinking house, shall, within the meaning of this chapter,
be deemed to be keeping the same for hire. [1873 p 440 § 10;
Code 1881, Bagley's Supp. p 28 § 10; RRS § 8291. Formerly
RCW 67.12.130.]
67.14.100
67.14.110 Druggists excepted. None of the provisions
of this chapter shall be held to apply to the sale by apothecaries or druggists of spirituous, malt, or fermented liquors or
wines for medicinal purposes, upon the prescription of a
practicing physician. [1873 p 440 § 11; Code 1881, Bagley's
Supp. p 28 § 11.]
67.14.110
67.14.120 Disposition of fees, fines, and forfeitures.
All fines and forfeitures collected under this chapter, and all
moneys paid into the treasury of any county for licenses as
aforesaid, shall be applied to school or county purposes as the
local laws of such county may direct: PROVIDED, That this
chapter shall not affect or apply to any private or local laws
upon the subject of license in any county in this territory
except King county, and no license shall be construed to
mean more than the house or saloon kept by the same party or
parties: PROVIDED, FURTHER, That no part of this chapter shall in any way apply to the county of Island: AND
PROVIDED, FURTHER, That all moneys for licenses within
the corporate limits of the town of Olympia shall be paid
directly into the town treasury of said town as a municipal
fund for the use of said town: AND PROVIDED FURTHER,
That all fees, fines, forfeitures and penalties collected or
assessed by a district court because of the violation of a state
law shall be remitted as provided in chapter 3.62 RCW as
now exists or is later amended. [1987 c 202 § 226; 1969 ex.s.
c 199 § 29; 1873 p 440 § 12; Code 1881, Bagley's Supp. p 28
§ 12.]
67.14.120
Intent—1987 c 202: See note following RCW 2.04.190.
Collection and disposition of fines and costs: Chapter 10.82 RCW.
Chapter 67.16
67.14.090
67.14.090 Issuance of license. Upon presentation to the
county auditor of any county of the certificate of the county
treasurer that any person has paid into the county treasury the
amount provided by this chapter, to be paid for the transaction of any business that a license may be granted to transact,
and for the time provided in this chapter, and upon the execution and delivery to such auditor of the bond hereinbefore
required, it shall be the duty of such county auditor to issue
such license to such person so presenting such certificate,
executing and delivering such bond and making application
therefor, for the period of time that the money as shown by
(2004 Ed.)
Chapter 67.16
Chapter 67.16 RCW
HORSE RACING
Sections
67.16.010
67.16.012
67.16.014
67.16.015
67.16.017
67.16.020
67.16.040
Definitions.
Washington horse racing commission—Creation—Terms—
Vacancies—Bonds—Oaths.
Washington horse racing commission—Ex officio nonvoting
members.
Washington horse racing commission—Organization—Secretary—Records—Annual reports.
Washington horse racing commission—Compensation and
travel expenses.
Duties of commission—Race meet license—Suspension.
Commission to regulate and license meets—Inspection.
[Title 67 RCW—page 11]
67.16.010
67.16.045
67.16.050
67.16.060
67.16.065
67.16.070
67.16.075
67.16.080
67.16.090
67.16.100
67.16.101
67.16.102
67.16.105
67.16.110
67.16.130
67.16.140
67.16.150
67.16.160
67.16.170
67.16.175
67.16.200
67.16.230
67.16.260
67.16.270
67.16.275
67.16.280
67.16.285
67.16.300
67.16.900
Title 67 RCW: Sports and Recreation—Convention Facilities
Criminal history records—Dissemination.
Application for meet—Issuance of license—Fee—Cancellation, grounds, procedure.
Prohibited practices—Parimutuel system permitted—Race
meet as public nuisance.
Use of public assistance electronic benefit cards prohibited—
Licensee to report violations.
Races for local breeders.
Breeder's awards and owner's bonuses—Eligibility—Certification.
Horses to be registered.
Races not limited to horses of same breed.
Disposition of fees—"Fair fund."
Legislative finding—Responsibilities of horse racing commission—Availability of interest on one percent of gross
receipts to support small race courses.
Withholding of additional one percent of gross receipts—Payment to owners—Interest payment on one percent and
amount retained by commission—Reimbursement for new
racetracks.
Gross receipts—Commission's percentage—Distributions.
Broadcasting and motion picture rights reserved.
Nonprofit race meets—Licensing—Fees.
Employees of commission—Employment restriction.
Employees of commission—Commissioners—Financial interest restrictions.
Rules implementing conflict of interest laws—Wagers by
commissioner.
Gross receipts—Retention of percentage by licensees.
Exotic wagers—Retention of percentage by race meets.
Parimutuel wagering at satellite locations—Simulcasts.
Satellite locations—Fees.
Advance deposit wagering.
Violation of commission rules—Penalties.
Washington horse racing commission Washington bred owners' bonus fund account.
Washington horse racing commission operating account.
Washington horse racing commission class C purse fund
account.
Industrial insurance premium assessments.
Severability—General repealer—1933 c 55.
67.16.012
67.16.012 Washington horse racing commission—
Creation—Terms—Vacancies—Bonds—Oaths. There is
hereby created the Washington horse racing commission, to
consist of five commissioners, appointed by the governor and
confirmed by the senate. The commissioners shall be citizens, residents, and qualified electors of the state of Washington, one of whom shall be a breeder of race horses and
shall be of at least one year's standing. The terms of the members shall be six years. Each member shall hold office until
his or her successor is appointed and qualified. Vacancies in
the office of commissioner shall be filled by appointment to
be made by the governor for the unexpired term. Any commissioner may be removed at any time at the pleasure of the
governor. Before entering upon the duties of his or her office,
each commissioner shall enter into a surety company bond, to
be approved by the governor and attorney general, payable to
the state of Washington, in the penal sum of five thousand
dollars, conditioned upon the faithful performance of his or
her duties and the correct accounting and payment of all sums
received and coming within his or her control under this
chapter, and in addition thereto each commissioner shall take
and subscribe to an oath of office of the same form as that
prescribed by law for elective state officers. [1998 c 345 § 4;
1987 c 453 § 2; 1973 1st ex.s. c 216 § 1; 1969 ex.s. c 233 § 1;
1933 c 55 § 2; RRS § 8312-2. Formerly RCW 43.50.010.]
Severability—Effective date—Contingent effective date—1998 c
345: See notes following RCW 15.04.090.
Severability—1933 c 55: "In case any part or portion of this act shall
be held unconstitutional, such holding shall not affect the validity of this act
as a whole or any other part or portion of this act not adjudged unconstitutional. All acts in conflict herewith are hereby repealed." [1933 c 55 § 10.]
67.16.014
Agister and trainer liens: Chapter 60.56 RCW.
Compulsive gamblers, information for: RCW 9.46.071.
Crimes and punishments—Gambling: Chapters 9.46 and 9.47 RCW.
Exemptions to commission merchant's act: RCW 20.01.030.
67.16.010
67.16.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Commission" shall mean the Washington horse racing commission, hereinafter created.
(2) "Parimutuel machine" shall mean and include both
machines at the track and machines at the satellite locations,
that record parimutuel bets and compute the payoff.
(3) "Person" shall mean and include individuals, firms,
corporations and associations.
(4) "Race meet" shall mean and include any exhibition of
thoroughbred, quarter horse, paint horse, appaloosa horse
racing, arabian horse racing, or standard bred harness horse
racing, where the parimutuel system is used. [2004 c 246 § 5;
1991 c 270 § 1; 1985 c 146 § 1; 1982 c 132 § 1; 1969 c 22 §
1; 1949 c 236 § 1; 1933 c 55 § 1; Rem. Supp. 1949 § 8312-1.]
Effective date—2004 c 246: See note following RCW 67.16.270.
Severability—1985 c 146: "If any provisions or application of any provisions of this chapter are invalidated by a court of law, the remainder of the
chapter shall not be affected." [1985 c 146 § 15.]
Severability—1982 c 132: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 132 § 6.]
[Title 67 RCW—page 12]
67.16.014 Washington horse racing commission—Ex
officio nonvoting members. In addition to the commission
members appointed under RCW 67.16.012, there shall be
four ex officio nonvoting members consisting of: (1) Two
members of the senate, one from the majority political party
and one from the minority political party, both to be
appointed by the president of the senate; and (2) two members of the house of representatives, one from the majority
political party and one from the minority political party, both
to be appointed by the speaker of the house of representatives. The appointments shall be for the term of two years or
for the period in which the appointee serves as a legislator,
whichever expires first. Members may be reappointed, and
vacancies shall be filled in the same manner as original
appointments are made. The ex officio members shall assist
in the policy making, rather than administrative, functions of
the commission, and shall collect data deemed essential to
future legislative proposals and exchange information with
the commission. The ex officio members shall be deemed
engaged in legislative business while in attendance upon the
business of the commission and shall be limited to such
allowances therefor as otherwise provided in RCW
44.04.120, the same to be paid from the horse racing commission fund as being expenses relative to commission business.
[1991 c 270 § 2; 1987 c 453 § 3.]
67.16.015
67.16.015 Washington horse racing commission—
Organization—Secretary—Records—Annual reports.
The commission shall organize by electing one of its mem(2004 Ed.)
Horse Racing
bers chairman, and shall appoint and employ a secretary, and
such other clerical, office, and other help as is necessary in
the performance of the duties imposed upon it by this chapter.
The commission shall keep detailed records of all meetings
and of the business transacted therein, and of all the collections and disbursements. The commission shall prepare and
submit an annual report to the governor. All records of the
commission shall be public records and as such, subject to
public inspection. [1977 c 75 § 80; 1933 c 55 § 3; RRS §
8312-3. Formerly RCW 43.50.020.]
67.16.050
ment of noncompliance with a child support order, and suspension of a license under this subsection, and satisfies the
requirements of RCW 34.05.422. [2000 c 86 § 5; 1989 c 385
§ 5; 1985 c 146 § 2; 1982 c 32 § 1; 1933 c 55 § 4; RRS §
8312-4. Formerly RCW 67.16.020 and 67.16.030.]
Severability—1985 c 146: See note following RCW 67.16.010.
Severability—1982 c 32: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 32 § 6.]
67.16.040
67.16.017
67.16.017 Washington horse racing commission—
Compensation and travel expenses. Each member of the
Washington horse racing commission shall be compensated
in accordance with RCW 43.03.250 and shall be reimbursed
for travel expenses in accordance with RCW 43.03.050 and
43.03.060 in going to, attending, and returning from meetings
of the commission, and travel expenses incurred in the discharge of such duties as may be requested of him by a majority vote of the commission, but in no event shall a commissioner be paid in any one fiscal year in excess of one hundred
twenty days, except the chairman of the commission who
may be paid for not more than one hundred fifty days. [1984
c 287 § 100; 1975-'76 2nd ex.s. c 34 § 155; 1969 ex.s. c 233
§ 2.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
67.16.020
67.16.020 Duties of commission—Race meet
license—Suspension. (1) It shall be the duty of the commission, as soon as it is possible after its organization, to prepare
and promulgate a complete set of rules and regulations to
govern the race meets in this state. It shall determine and
announce the place, time and duration of race meets for
which license fees are exacted; and it shall be the duty of each
person holding a license under the authority of this chapter,
and every owner, trainer, jockey, and attendant at any race
course in this state, to comply with all rules and regulations
promulgated and all orders issued by the commission. It shall
be unlawful for any person to hold any race meet without
having first obtained and having in force and effect a license
issued by the commission as in this chapter provided; and it
shall be unlawful for any owner, trainer or jockey to participate in race meets in this state without first securing a license
therefor from the state racing commission, the fee for which
shall be set by the commission which shall offset the cost of
administration and shall not be for a period exceeding one
year.
(2) The commission shall immediately suspend the
license of a person who has been certified under RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order. If
the person has continued to meet all other requirements for a
license under this chapter during the suspension, reissuance
of the license shall be automatic upon the department's
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
the support order. The procedure in RCW 74.20A.320 is the
exclusive administrative remedy for contesting the establish(2004 Ed.)
67.16.040 Commission to regulate and license
meets—Inspection. The commission created by this chapter
is hereby authorized, and it shall be its duty, to license, regulate and supervise all race meets held in this state under the
terms of this chapter, and to cause the various race courses of
the state to be visited and inspected at least once a year.
[1933 c 55 § 5; RRS § 8312-5.]
67.16.045
67.16.045 Criminal history records—Dissemination.
The commission is authorized to receive criminal history
record information that includes nonconviction data for any
purpose associated with the investigation for suitability for
involvement in horse racing activities authorized under this
chapter. Dissemination or use of nonconviction data for purposes other than that authorized in this section is prohibited.
[2000 c 204 § 1.]
67.16.050
67.16.050 Application for meet—Issuance of
license—Fee—Cancellation, grounds, procedure. Every
person making application for license to hold a race meet,
under the provisions of this chapter shall file an application
with the commission which shall set forth the time, the place,
the number of days such meet will continue, and such other
information as the commission may require. The commission
shall be the sole judge of whether or not the race meet shall
be licensed and the number of days the meet shall continue.
No person who has been convicted of any crime involving
moral turpitude shall be issued a license, nor shall any license
be issued to any person who has violated the terms or provisions of this chapter, or any of the rules and regulations of the
commission made pursuant thereto, or who has failed to pay
to the commission any or all sums required under the provisions of this chapter. The license shall specify the number of
days the race meet shall continue and the number of races per
day, which shall include not less than six nor more than
eleven live races per day, and for which a fee shall be paid
daily in advance of five hundred dollars for each live race day
for those licensees which had gross receipts from parimutuel
machines in excess of fifty million dollars in the previous
year and two hundred dollars for each day for meets which
had gross receipts from parimutuel machines at or below fifty
million dollars in the previous year; in addition any newly
authorized live race meets shall pay two hundred dollars per
day for the first year: PROVIDED, That if unforeseen obstacles arise, which prevent the holding, or completion of any
race meet, the license fee for the meet, or for a portion which
cannot be held may be refunded the licensee, if the commission deems the reasons for failure to hold or complete the
race meet sufficient. Any unexpired license held by any person who violates any of the provisions of this chapter, or any
[Title 67 RCW—page 13]
67.16.060
Title 67 RCW: Sports and Recreation—Convention Facilities
of the rules or regulations of the commission made pursuant
thereto, or who fails to pay to the commission any and all
sums required under the provisions of this chapter, shall be
subject to cancellation and revocation by the commission.
Such cancellation shall be made only after a summary hearing before the commission, of which three days' notice, in
writing, shall be given the licensee, specifying the grounds
for the proposed cancellation, and at which hearing the licensee shall be given an opportunity to be heard in opposition
to the proposed cancellation. [1997 c 87 § 2; 1985 c 146 § 3;
1982 c 32 § 2; 1973 1st ex.s. c 39 § 1; 1933 c 55 § 6; RRS §
8312-6.]
Findings—Purpose—Report by joint legislative audit and review
committee—Severability—Effective date—1997 c 87: See notes following RCW 67.16.200.
Severability—1985 c 146: See note following RCW 67.16.010.
Severability—1982 c 32: See note following RCW 67.16.020.
67.16.060
67.16.060 Prohibited practices—Parimutuel system
permitted—Race meet as public nuisance. (1) It shall be
unlawful:
(a) To conduct pool selling, bookmaking, or to circulate
hand books; or
(b) To bet or wager on any horse race other than by the
parimutuel method; or
(c) For any licensee to take more than the percentage
provided in RCW 67.16.170 and 67.16.175; or
(d) For any licensee to compute breaks in the parimutuel
system otherwise than at ten cents.
(2) Any willful violation of the terms of this chapter, or
of any rule, regulation, or order of the commission shall constitute a gross misdemeanor and when such violation is by a
person holding a license under this chapter, the commission
may cancel the license held by the offender, and such cancellation shall operate as a forfeiture of all rights and privileges
granted by the commission and of all sums of money paid to
the commission by the offender; and the action of the commission in that respect shall be final.
(3) The commission shall have power to exclude from
any and all race courses of the state of Washington any person whom the commission deems detrimental to the best
interests of racing or any person who willfully violates any of
the provisions of this chapter or of any rule, regulation, or
order issued by the commission.
(4) Every race meet held in this state contrary to the provisions of this chapter is hereby declared to be a public nuisance. [1991 c 270 § 3; 1985 c 146 § 4; 1979 c 31 § 1; 1933
c 55 § 7; RRS § 8312-7.]
Severability—1985 c 146: See note following RCW 67.16.010.
Gambling: Chapters 9.46 and 9.47 RCW.
67.16.065
67.16.065 Use of public assistance electronic benefit
cards prohibited—Licensee to report violations. (1) Any
licensee authorized under this chapter is prohibited from
allowing the use of public assistance electronic benefit cards
for the purpose of parimutuel wagering authorized under this
chapter.
(2) Any licensee authorized under this chapter shall
report to the department of social and health services any
known violations of RCW 74.08.580. [2002 c 252 § 4.]
[Title 67 RCW—page 14]
67.16.070
67.16.070 Races for local breeders. For the purpose of
encouraging the breeding, within this state, of valuable thoroughbred, quarter and/or standard bred race horses, at least
one race of each day's meet shall consist exclusively of
Washington bred horses. [1949 c 236 § 2; 1933 c 55 § 8;
Rem. Supp. 1949 § 8312-8.]
67.16.075
67.16.075 Breeder's awards and owner's bonuses—
Eligibility—Certification. Only breeders or owners of
Washington-bred horses are eligible to demand and receive a
breeder's award, an owner's bonus or both. The commission
shall promulgate rules and regulations to certify Washingtonbred horses. In setting standards to certify horses as Washington-bred, the commission shall seek the advice of and consult
with industry, including (1) the Washington Horse Breeders'
Association, for thoroughbreds; (2) the Washington State
Standardbred Association, for standardbred harness horses;
(3) the Northern Racing Quarter Horse Association, for quarter horses; (4) the Washington State Appaloosa Racing Association, for appaloosas; and (5) the Washington State Arabian
Horse Racing Association, for arabian horses. [1985 c 146 §
13.]
Severability—1985 c 146: See note following RCW 67.16.010.
67.16.080
67.16.080 Horses to be registered. A quarter horse to
be eligible for a race meet herein shall be duly registered with
the American Quarter Horse Association. An appaloosa
horse to be eligible for a race meet herein shall be duly registered with the National Appaloosa Horse Club or any successor thereto. An arabian horse to be eligible for a race meet
herein shall be duly registered with the Arabian Horse Registry of America, or any successor thereto. [1982 c 132 § 2;
1969 c 22 § 2; 1949 c 236 § 3; Rem. Supp. 1949 § 8312-13.]
Severability—1982 c 132: See note following RCW 67.16.010.
67.16.090
67.16.090 Races not limited to horses of same breed.
In any race meet in which quarter horses, thoroughbred
horses, appaloosa horses, standard bred harness horses, paint
horses, or arabian horses participate horses of different
breeds may be allowed to compete in the same race if such
mixed races are so designated in the racing conditions. [1985
c 146 § 5; 1982 c 132 § 3; 1969 c 22 § 3; 1949 c 236 § 4; Rem.
Supp. 1949 § 8312-14.]
Severability—1985 c 146: See note following RCW 67.16.010.
Severability—1982 c 132: See note following RCW 67.16.010.
67.16.100
67.16.100 Disposition of fees—"Fair fund." (1) All
sums paid to the commission under this chapter, including
those sums collected for license fees and excluding those
sums collected under RCW 67.16.102 and 67.16.105(3),
shall be disposed of by the commission as follows: One hundred percent thereof shall be retained by the commission for
the payment of the salaries of its members, secretary, clerical,
office, and other help and all expenses incurred in carrying
out the provisions of this chapter. No salary, wages,
expenses, or compensation of any kind shall be paid by the
state in connection with the work of the commission.
(2) Any moneys collected or paid to the commission
under the terms of this chapter and not expended at the close
of the fiscal biennium shall be paid to the state treasurer and
(2004 Ed.)
Horse Racing
be placed in the fair fund created in RCW 15.76.115. The
commission may, with the approval of the office of financial
management, retain any sum required for working capital.
[1998 c 345 § 5; 1995 c 399 § 166; 1991 c 270 § 4. Prior:
1985 c 466 § 67; 1985 c 146 § 6; 1980 c 16 § 1; prior: 1979
c 151 § 169; 1979 c 31 § 2; 1977 c 75 § 81; 1965 c 148 § 7;
1955 c 106 § 5; 1947 c 34 § 2; 1941 c 48 § 4; 1935 c 182 §
30; 1933 c 55 § 9; Rem. Supp. 1947 § 8312-9.]
Severability—Effective date—Contingent effective date—1998 c
345: See notes following RCW 15.04.090.
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
Severability—1985 c 146: See note following RCW 67.16.010.
State international trade fairs: RCW 43.31.800 through 43.31.850.
Transfer of surplus funds in state trade fair fund to general fund: RCW
43.31.832 through 43.31.834.
67.16.101
67.16.101 Legislative finding—Responsibilities of
horse racing commission—Availability of interest on one
percent of gross receipts to support small race courses.
The legislature finds that:
(1) A primary responsibility of the horse racing commission is the encouragement of the training and development of
the equine industry in the state of Washington whether the
result of this training and development results in legalized
horse racing or in the recreational use of horses;
(2) The horse racing commission has a further major
responsibility to assure that any facility used as a race course
should be maintained and upgraded to insure the continued
safety of both the public and the horse at any time the facility
is used for the training or contesting of these animals;
(3) Small race courses within the state have difficulty in
obtaining sufficient funds to provide the maintenance and
upgrading necessary to assure this safety at these facilities, or
to permit frequent use of these facilities by 4-H children or
other horse owners involved in training; and
(4) The one percent of the parimutuel machine gross
receipts used to pay a special purse to the licensed owners of
Washington bred horses is available for the purpose of drawing interest, thereby obtaining sufficient funds to be disbursed to achieve the necessary support to these small race
courses. [1977 ex.s. c 372 § 1.]
Severability—1977 ex.s. c 372: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 372 § 3.]
67.16.102
67.16.102 Withholding of additional one percent of
gross receipts—Payment to owners—Interest payment on
one percent and amount retained by commission—Reimbursement for new racetracks. (1) Notwithstanding any
other provision of chapter 67.16 RCW to the contrary the licensee shall withhold and shall pay daily to the commission, in
addition to the percentages authorized by RCW 67.16.105,
one percent of the gross receipts of all parimutuel machines at
each race meet which sums shall, at the end of each meet, be
paid by the commission to the licensed owners of those
horses finishing first, second, third and fourth Washington
bred only at each meet from which the additional one percent
is derived in accordance with an equitable distribution formula to be promulgated by the commission prior to the com(2004 Ed.)
67.16.105
mencement of each race meet: PROVIDED, That nothing in
this section shall apply to race meets which are nonprofit in
nature, are of ten days or less, and have an average daily handle of less than one hundred twenty thousand dollars.
(2) The additional one percent specified in subsection (1)
of this section shall be deposited by the commission in the
Washington horse racing commission Washington bred owners' bonus fund account created in RCW 67.16.275. The
interest derived from this account shall be distributed annually on an equal basis to those race courses at which independent race meets are held which are nonprofit in nature and are
of ten days or less. Prior to receiving a payment under this
subsection any new race course shall meet the qualifications
set forth in this section for a period of two years. All funds
distributed under this subsection shall be used for the purpose
of maintaining and upgrading the respective racing courses
and equine quartering areas of said nonprofit meets.
(3) The commission shall not permit the licensees to take
into consideration the benefits derived from this section in
establishing purses.
(4) The commission is authorized to pay at the end of the
calendar year one-half of the one percent collected from a
new licensee under subsection (1) of this section for reimbursement of capital construction of that new licensee's new
race track for a period of fifteen years. This reimbursement
does not include interest earned on that one-half of one percent and such interest shall continue to be collected and disbursed as provided in RCW 67.16.101 and subsection (1) of
this section. [2004 c 246 § 6; 2001 c 53 § 1; 1991 c 270 § 5;
1982 c 132 § 5; 1979 c 31 § 3; 1977 ex.s. c 372 § 2; 1969 ex.s.
c 233 § 3.]
Effective date—2004 c 246: See note following RCW 67.16.270.
Severability—1982 c 132: See note following RCW 67.16.010.
Severability—1977 ex.s. c 372: See note following RCW 67.16.101.
67.16.105
67.16.105 Gross receipts—Commission's percentage—Distributions. (1) Licensees of race meets that are
nonprofit in nature and are of ten days or less shall be exempt
from payment of a parimutuel tax.
(2) Licensees that do not fall under subsection (1) of this
section shall withhold and pay to the commission daily for
each authorized day of parimutuel wagering the following
applicable percentage of all daily gross receipts from its instate parimutuel machines:
(a) If the gross receipts of all its in-state parimutuel
machines are more than fifty million dollars in the previous
calendar year, the licensee shall withhold and pay to the commission daily 1.30 percent of the daily gross receipts; and
(b) If the gross receipts of all its in-state parimutuel
machines are fifty million dollars or less in the previous calendar year, the licensee shall withhold and pay to the commission daily 1.803 percent of the daily gross receipts.
(3) In addition to those amounts in subsection (2) of this
section, a licensee shall forward one-tenth of one percent of
the daily gross receipts of all its in-state parimutuel machines
to the commission for payment to those nonprofit race meets
as set forth in RCW 67.16.130 and subsection (1) of this section, but said percentage shall not be charged against the licensee. Payments to nonprofit race meets under this subsection shall be distributed on a pro rata per-race-day basis and
[Title 67 RCW—page 15]
67.16.110
Title 67 RCW: Sports and Recreation—Convention Facilities
used only for purses at race tracks that have been operating
under RCW 67.16.130 and subsection (1) of this section for
the five consecutive years immediately preceding the year of
payment. The commission shall transfer funds generated
under subsection (2) of this section equal to the difference
between:
(a)(i) Funds collected under this subsection (3);
(ii) Interest earned from the Washington horse racing
commission operating account created in RCW 67.16.280;
and
(iii) Fines imposed by the board of stewards in a calendar
year; and
(b) Three hundred thousand dollars;
and distribute that amount under this subsection (3).
(4) Beginning July 1, 1999, at the conclusion of each
authorized race meet, the commission shall calculate the
mathematical average daily gross receipts of parimutuel
wagering that is conducted only at the physical location of the
live race meet at those race meets of licensees with gross
receipts of all their in-state parimutuel machines of more than
fifty million dollars. Such calculation shall include only the
gross parimutuel receipts from wagering occurring on live
racing dates, including live racing receipts and receipts
derived from one simulcast race card that is conducted only at
the physical location of the live racing meet, which, for the
purposes of this subsection, is "the handle." If the calculation
exceeds eight hundred eighty-six thousand dollars, the licensee shall within ten days of receipt of written notification
by the commission forward to the commission a sum equal to
the product obtained by multiplying 0.6 percent by the handle. Sums collected by the commission under this subsection
shall be forwarded on the next business day following receipt
thereof to the state treasurer to be deposited in the fair fund
created in RCW 15.76.115. [2004 c 246 § 7; 2003 1st sp.s. c
27 § 1; 1998 c 345 § 6; 1997 c 87 § 3; 1995 c 173 § 2; 1994 c
159 § 2; 1993 c 170 § 2; 1991 c 270 § 6; 1987 c 347 § 4; 1985
c 146 § 7; 1982 c 32 § 3; 1979 c 31 § 6.]
Effective date—2004 c 246: See note following RCW 67.16.270.
Effective date—2003 1st sp.s. c 27: "This act takes effect January 1,
2004." [2003 1st sp.s. c 27 § 2.]
Severability—Effective date—Contingent effective date—1998 c
345: See notes following RCW 15.04.090.
Findings—Purpose—Report by joint legislative audit and review
committee—Severability—Effective date—1997 c 87: See notes following RCW 67.16.200.
Intent—1995 c 173: "It is the intent of the legislature that one-half of
the money being paid into the Washington thoroughbred racing fund continue to be directed to enhanced purses, and that one-half of the money being
paid into the fund continue to be deposited into an escrow or trust account
and used for the construction of a new thoroughbred racing facility in western Washington." [1995 c 173 § 1.]
Effective date—1995 c 173: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 1, 1995]." [1995 c 173 § 3.]
Intent—1994 c 159: "It is the intent of the legislature to terminate payments into the Washington thoroughbred racing fund from licensees of nonprofit race meets from March 30, 1994, until June 1, 1995, and to provide
that one-half of moneys that otherwise would have been paid into the fund be
directed to enhanced purses and one-half of moneys be deposited in an
escrow or trust account and used solely for construction of a new thoroughbred race track facility in western Washington." [1994 c 159 § 1.]
Effective date—1994 c 159: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov[Title 67 RCW—page 16]
ernment and its existing public institutions, and shall take effect immediately
[March 30, 1994]." [1994 c 159 § 4.]
Intent—1993 c 170: "It is the intent of the legislature that one-half of
those moneys that would otherwise have been paid into the Washington thoroughbred racing fund be retained for the purpose of enhancing purses,
excluding stakes purses, until that time as a permanent thoroughbred racing
facility is built and operating in western Washington. It is recognized by the
Washington legislature that the enhancement in purses provided in this legislation will not directly benefit all race tracks in Washington. It is the legislature's intent that the horse racing commission work with the horse racing
community to ensure that this opportunity for increased purses will not inadvertently injure horse racing at tracks not directly benefiting from this legislation." [1993 c 170 § 1.]
Effective date—1993 c 170: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 30, 1993]." [1993 c 170 § 3.]
Severability—1985 c 146: See note following RCW 67.16.010.
Severability—1982 c 32: See note following RCW 67.16.020.
67.16.110
67.16.110 Broadcasting and motion picture rights
reserved. All radio broadcasting rights, and motion picture
rights in connection with meets licensed hereunder are
reserved to the state and the commission shall lease or license
same only to the highest bidder. The exercise of such rights
shall at all times be under the supervision of the commission.
[1980 c 32 § 10; 1933 c 55 § 11; RRS § 8312-11.]
67.16.130
67.16.130 Nonprofit race meets—Licensing—Fees.
(1) Notwithstanding any other provision of law or of chapter
67.16 RCW, the commission may license race meets which
are nonprofit in nature, of ten days or less, and which have an
average daily handle of one hundred twenty thousand dollars
or less, at a daily licensing fee of ten dollars, and the sponsoring nonprofit association shall be exempt from any other fees
as provided for in chapter 67.16 RCW or by rule or regulation
of the commission: PROVIDED, That the commission may
deny the application for a license to conduct a racing meet by
a nonprofit association, if same shall be determined not to be
a nonprofit association by the Washington state racing commission.
(2) Notwithstanding any other provision of law or of
chapter 67.16 RCW or any rule promulgated by the commission, no license for a race meet which is nonprofit in nature,
of ten days or less, and which has an average daily handle of
one hundred twenty thousand dollars or less, shall be denied
for the reason that the applicant has not installed an electric
parimutuel tote board.
(3) As a condition to the reduction in fees as provided for
in subsection (1) of this section, all fees charged to horse
owners, trainers, or jockeys, or any other fee charged for a
permit incident to the running of such race meet shall be
retained by the commission as reimbursement for its
expenses incurred in connection with the particular race
meet. [1991 c 270 § 7; 1985 c 146 § 8; 1982 c 32 § 4; 1979 c
31 § 4; 1969 ex.s. c 94 § 2.]
Severability—1985 c 146: See note following RCW 67.16.010.
Severability—1982 c 32: See note following RCW 67.16.020.
Effective date—1969 ex.s. c 94: "This 1969 amendatory act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions, and
shall take effect May 1, 1969." [1969 ex.s. c 94 § 3.]
(2004 Ed.)
Horse Racing
67.16.140
67.16.140 Employees of commission—Employment
restriction. No employee of the horse racing commission
shall serve as an employee of any track at which that individual will also serve as an employee of the commission. [1973
1st ex.s. c 216 § 3.]
67.16.150
67.16.150 Employees of commission—Commissioners—Financial interest restrictions. No employee nor any
commissioner of the horse racing commission shall have any
financial interest whatsoever, other than an ownership interest in a community venture, in any track at which said
employee serves as an agent or employee of the commission
or at any track with respect to a commissioner. [1973 1st
ex.s. c 216 § 4.]
67.16.160
67.16.160 Rules implementing conflict of interest
laws—Wagers by commissioner. No later than ninety days
after July 16, 1973, the horse racing commission shall adopt,
pursuant to chapter 34.05 RCW, reasonable rules implementing to the extent applicable to the circumstances of the horse
racing commission the conflict of interest laws of the state of
Washington as set forth in chapter 42.52 RCW. In no case
may a commissioner make any wager on the outcome of a
horse race at a race meet conducted under the authority of the
commission. [2004 c 274 § 3; 1994 c 154 § 314; 1973 1st
ex.s. c 216 § 5.]
Effective date—2004 c 274: See note following RCW 67.16.160.
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
67.16.170
67.16.170 Gross receipts—Retention of percentage
by licensees. (1) Licensees of race meets that are nonprofit
in nature and are of ten days or less may retain daily for each
authorized day of racing fifteen percent of daily gross
receipts of all parimutuel machines at each race meet.
(2) Licensees of race meets that do not fall under subsection (1) of this section may retain daily for each authorized
day of parimutuel wagering the following percentages from
the daily gross receipts of all its in-state parimutuel
machines:
(a) If the daily gross receipts of all its in-state parimutuel
machines are more than fifty million dollars in the previous
calendar year, the licensee may retain daily 13.70 percent of
the daily gross receipts; and
(b) If the daily gross receipts of all its in-state parimutuel
machines are fifty million dollars or less in the previous calendar year, the licensee may retain daily 14.48 percent of the
daily gross receipts. [1998 c 345 § 7; 1991 c 270 § 8; 1987 c
347 § 2; 1985 c 146 § 9; 1983 c 228 § 1; 1979 c 31 § 5.]
Severability—Effective date—Contingent effective date—1998 c
345: See notes following RCW 15.04.090.
Severability—1985 c 146: See note following RCW 67.16.010.
67.16.175
67.16.175 Exotic wagers—Retention of percentage
by race meets. (1) In addition to the amounts authorized to
be retained in RCW 67.16.170, race meets may retain daily
for each authorized day of racing an additional six percent of
the daily gross receipts of all parimutuel machines from
exotic wagers at each race meet.
(2004 Ed.)
67.16.200
(2) Of the amounts retained in subsection (1) of this section, one-sixth shall be used for Washington-bred breeder
awards.
(3) Of the amounts retained for breeder awards under
subsection (2) of this section, twenty-five percent shall be
retained by a new licensee for reimbursement of capital construction of the new licensee's new race track for a period of
fifteen years.
(4) As used in this section, "exotic wagers" means any
multiple wager. Exotic wagers are subject to approval of the
commission. [2001 c 53 § 2; 1991 c 270 § 9. Prior: 1987 c
453 § 1; 1987 c 347 § 3; 1986 c 43 § 1; 1985 c 146 § 10; 1981
c 135 § 1.]
Severability—1985 c 146: See note following RCW 67.16.010.
Severability—1981 c 135: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 135 § 2.]
67.16.200
67.16.200 Parimutuel wagering at satellite locations—Simulcasts. (1) A class 1 racing association licensed
by the commission to conduct a race meet may seek approval
from the commission to conduct parimutuel wagering at a
satellite location or locations within the state of Washington.
In order to participate in parimutuel wagering at a satellite
location or locations within the state of Washington, the
holder of a class 1 racing association license must have conducted at least one full live racing season. All class 1 racing
associations must hold a live race meet within each succeeding twelve-month period to maintain eligibility to continue to
participate in parimutuel wagering at a satellite location or
locations. The sale of parimutuel pools at satellite locations
shall be conducted simultaneous to all parimutuel wagering
activity conducted at the licensee's live racing facility in the
state of Washington. The commission's authority to approve
satellite wagering at a particular location is subject to the following limitations:
(a) The commission may approve only one satellite location in each county in the state; however, the commission
may grant approval for more than one licensee to conduct
wagering at each satellite location. A satellite location shall
not be operated within twenty driving miles of any class 1
racing facility. For the purposes of this section, "driving
miles" means miles measured by the most direct route as
determined by the commission; and
(b) A licensee shall not conduct satellite wagering at any
satellite location within sixty driving miles of any other racing facility conducting a live race meet.
(2) Subject to local zoning and other land use ordinances,
the commission shall be the sole judge of whether approval to
conduct wagering at a satellite location shall be granted.
(3) The licensee shall combine the parimutuel pools of
the satellite location with those of the racing facility for the
purpose of determining odds and computing payoffs. The
amount wagered at the satellite location shall be combined
with the amount wagered at the racing facility for the application of take out formulas and distribution as provided in
RCW 67.16.102, 67.16.105, 67.16.170, and 67.16.175. A
satellite extension of the licensee's racing facility shall be
subject to the same application of the rules of racing as the
licensee's racing facility.
[Title 67 RCW—page 17]
67.16.200
Title 67 RCW: Sports and Recreation—Convention Facilities
(4) Upon written application to the commission, a class 1
racing association may be authorized to transmit simulcasts
of live horse races conducted at its racetrack to locations outside of the state of Washington approved by the commission
and in accordance with the interstate horse racing act of 1978
(15 U.S.C. Sec. 3001 to 3007) or any other applicable laws.
The commission may permit parimutuel pools on the simulcast races to be combined in a common pool. A racing association that transmits simulcasts of its races to locations outside this state shall pay at least fifty percent of the fee that it
receives for sale of the simulcast signal to the horsemen's
purse account for its live races after first deducting the actual
cost of sending the signal out of state.
(5) Upon written application to the commission, a class 1
racing association may be authorized to transmit simulcasts
of live horse races conducted at its racetrack to licensed racing associations located within the state of Washington and
approved by the commission for the receipt of the simulcasts.
The commission shall permit parimutuel pools on the simulcast races to be combined in a common pool. The fee for instate, track-to-track simulcasts shall be five and one-half percent of the gross parimutuel receipts generated at the receiving location and payable to the sending racing association. A
racing association that transmits simulcasts of its races to
other licensed racing associations shall pay at least fifty percent of the fee that it receives for the simulcast signal to the
horsemen's purse account for its live race meet after first
deducting the actual cost of sending the simulcast signal. A
racing association that receives races simulcast from class 1
racing associations within the state shall pay at least fifty percent of its share of the parimutuel receipts to the horsemen's
purse account for its live race meet after first deducting the
purchase price and the actual direct costs of importing the
race.
(6) A class 1 racing association may be allowed to
import simulcasts of horse races from out-of-state racing
facilities. With the prior approval of the commission, the
class 1 racing association may participate in a multijurisdictional common pool and may change its commission and
breakage rates to achieve a common rate with other participants in the common pool.
(a) The class 1 racing association shall make written
application with the commission for permission to import
simulcast horse races for the purpose of parimutuel wagering.
Subject to the terms of this section, the commission is the sole
authority in determining whether to grant approval for an
imported simulcast race.
(b) When open for parimutuel wagering, a class 1 racing
association which imports simulcast races shall also conduct
simulcast parimutuel wagering within its licensed racing
enclosure on all races simulcast from other class 1 racing
associations within the state of Washington.
(c) On any imported simulcast race, the class 1 racing
association shall pay fifty percent of its share of the parimutuel receipts to the horsemen's purse account for its live race
meet after first deducting the purchase price of the imported
race and the actual costs of importing and offering the race.
(7) For purposes of this section, a class 1 racing association is defined as a licensee approved by the commission to
conduct during each twelve-month period at least forty days
of live racing. If a live race day is canceled due to reasons
[Title 67 RCW—page 18]
directly attributable to acts of God, labor disruptions affecting live race days but not directly involving the licensee or its
employees, or other circumstances that the commission
decides are beyond the control of the class 1 racing association, then the canceled day counts toward the forty-day
requirement. The commission may by rule increase the number of live racing days required to maintain class 1 racing
association status or make other rules necessary to implement
this section.
(8) This section does not establish a new form of gaming
in Washington or allow expanded gaming within the state
beyond what has been previously authorized. Simulcast
wagering has been allowed in Washington before April 19,
1997. Therefore, this section does not allow gaming of any
nature or scope that was prohibited before April 19, 1997.
This section is necessary to protect the Washington equine
breeding and racing industries, and in particular those sectors
of these industries that are dependent upon live horse racing.
The purpose of this section is to protect these industries from
adverse economic impacts and to promote fan attendance at
class 1 racing facilities. Therefore, a licensed class 1 racing
association may be approved to disseminate imported simulcast race card programs to satellite locations approved under
this section, provided that the class 1 racing association has
conducted at least forty live racing days with an average ontrack handle on the live racing product of a minimum of one
hundred fifty thousand dollars per day during the twelve
months immediately preceding the application date. However, to promote the development of a new class 1 racing
association facility and to meet the best interests of the Washington equine breeding and racing industries, the commission
may by rule reduce the required minimum average on-track
handle on the live racing product from one hundred fifty
thousand dollars per day to thirty thousand dollars per day.
(9) A licensee conducting simulcasting under this section shall place signs in the licensee's gambling establishment
under RCW 9.46.071. The informational signs concerning
problem and compulsive gambling must include a toll-free
telephone number for problem and compulsive gamblers and
be developed under RCW 9.46.071.
(10) Chapter 10, Laws of 2001 1st sp. sess. does not
establish a new form of gaming in Washington or allow
expanded gaming within the state beyond what has been previously authorized. Simulcast wagering has been allowed in
Washington before August 23, 2001. Therefore, this section
does not allow gaming of any nature or scope that was prohibited before August 23, 2001. Chapter 10, Laws of 2001
1st sp. sess. is necessary to protect the Washington equine
breeding and racing industries, and in particular those sectors
of these industries that are dependent upon live horse racing.
The purpose of chapter 10, Laws of 2001 1st sp. sess. is to
protect these industries from adverse economic impacts and
to promote fan attendance at class 1 racing facilities. [2004 c
274 § 2; 2001 1st sp.s. c 10 § 2; 2000 c 223 § 1; 1997 c 87 §
4; 1991 c 270 § 10; 1987 c 347 § 1.]
Effective date—2004 c 274: See note following RCW 67.16.260.
Finding—Purpose—2001 1st sp.s. c 10: "The legislature finds that
Washington's equine racing industry creates economic, environmental, and
recreational impacts across the state affecting agriculture, horse breeding,
the horse training industry, agricultural fairs and youth programs, and tourism and employment opportunities. The Washington equine industry has
incurred a financial decline coinciding with increased competition from the
(2004 Ed.)
Horse Racing
gaming industry in the state and from the lack of a class 1 racing facility in
western Washington from 1993 through 1995. This act is necessary to preserve, restore, and revitalize the equine breeding and racing industries and to
preserve in Washington the economic and social impacts associated with
these industries. Preserving Washington's equine breeding and racing industries, and in particular those sectors of the industries that are dependent upon
live horse racing, is in the public interest of the state. The purpose of this act
is to preserve Washington's equine breeding and racing industries and to protect these industries from adverse economic impacts. This act does not
establish a new form of gaming in Washington or allow expanded gaming
within the state beyond what has been previously authorized. Simulcast
wagering has been allowed in Washington before August 23, 2001. Therefore, this act does not allow gaming of any nature or scope that was prohibited before August 23, 2001." [2001 1st sp.s. c 10 § 1.]
Findings—Purpose—1997 c 87: "The legislature finds that Washington's equine racing industry creates economic, environmental, and recreational impacts across the state affecting agriculture, horse breeding, the
horse training industry, agricultural fairs and youth programs, and tourism
and employment opportunities. The Washington equine industry has
incurred a financial decline coinciding with increased competition from the
gaming industry in the state and from the lack of a class 1 racing facility in
western Washington from 1993 through 1995. This act is necessary to preserve, restore, and revitalize the equine breeding and racing industries and to
preserve in Washington the economic and social impacts associated with
these industries. Preserving Washington's equine breeding and racing industries, and in particular those sectors of the industries that are dependent upon
live horse racing, is in the public interest of the state. The purpose of this act
is to preserve Washington's equine breeding and racing industries and to protect these industries from adverse economic impacts. This act does not
establish a new form of gaming in Washington or allow expanded gaming
within the state beyond what has been previously authorized. Simulcast
wagering has been allowed in Washington before April 19, 1997. Therefore,
this act does not allow gaming of any nature or scope that was prohibited
before April 19, 1997." [1997 c 87 § 1.]
Report by joint legislative audit and review committee—1997 c 87:
"(1) The joint legislative audit and review committee shall conduct an evaluation to determine the extent to which this act has achieved the following
outcomes:
(a) The extent to which purses at Emerald Downs, Playfair, and
Yakima Meadows have increased as a result of the provisions of this act;
(b) The extent to which attendance at Emerald Downs, Playfair, and
Yakima Meadows has increased specifically as a result of the provisions of
this act;
(c) The extent to which the breeding of horses in this state has
increased specifically related to the provisions of this act;
(d) The extent to which the number of horses running at Emerald
Downs, Playfair, and Yakima Meadows has increased specifically as a result
of the provisions of this act;
(e) The extent to which nonprofit racetracks in this state have benefited
from this act including the removal of the cap on the nonprofit race meet
purse fund; and
(f) The extent to which Emerald Downs, Playfair, and Yakima Meadows are capable of remaining economically viable given the provisions of
this act and the increase in competition for gambling or entertainment dollars.
(2) The joint legislative audit and review committee may provide recommendations to the legislature concerning modifications that could be
made to existing state laws to improve the ability of this act to meet the
above intended goals.
(3) The joint legislative audit and review committee shall complete a
report on its finding by June 30, 2000. The report shall be provided to the
appropriate committees of the legislature by December 1, 2000." [1997 c 87
§ 5.]
Severability—1997 c 87: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1997 c 87 § 7.]
Effective date—1997 c 87: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 19, 1997]." [1997 c 87 § 8.]
67.16.230
67.16.230 Satellite locations—Fees. The commission
is authorized to establish and collect an annual fee for each
(2004 Ed.)
67.16.260
separate satellite location. The fee to be collected from the
licensee shall be set to reflect the commission's expected
costs of approving, regulating, and monitoring each satellite
location, provided commission revenues generated under
RCW 67.16.105 from the licensee shall be credited annually
towards the licensee's fee assessment under this section.
[1991 c 270 § 11; 1987 c 347 § 7.]
67.16.260 Advance deposit wagering. (Expires October 1, 2007.) (1) The horse racing commission may authorize
advance deposit wagering to be conducted by:
(a) A licensed class 1 racing association operating a live
horse racing facility; or
(b) The operator of an advance deposit wagering system
accepting wagers pursuant to an agreement with a licensed
class 1 racing association. The agreement between the operator and the class 1 racing association must be approved by
the commission.
(2) An entity authorized to conduct advance deposit
wagering under subsection (1) of this section:
(a) May accept advance deposit wagering for races conducted in this state under a class 1 license or races not conducted within this state on a schedule approved by the class 1
licensee. A system of advance deposit wagering located outside or within this state may not accept wagers from residents
or other individuals located within this state, and residents or
other individuals located within this state are prohibited from
placing wagers through advance deposit wagering systems,
except with an entity authorized to conduct advance deposit
wagering under subsection (1) of this section;
(b) May not accept an account wager in an amount in
excess of the funds on deposit in the advance deposit wagering account of the individual placing the wager;
(c) May not allow individuals under the age of twentyone to open, own, or have access to an advance deposit
wagering account;
(d) Must include a statement in all forms of advertising
for advance deposit wagering that individuals under the age
of twenty-one are not allowed to open, own, or have access to
an advance deposit wagering account; and
(e) Must verify the identification, residence, and age of
the advance deposit wagering account holder using methods
and technologies approved by the commission.
(3) As used in this section, "advance deposit wagering"
means a form of parimutuel wagering in which an individual
deposits money in an account with an entity authorized by the
commission to conduct advance deposit wagering and then
the account funds are used to pay for parimutuel wagers made
in person, by telephone, or through communication by other
electronic means.
(4) In order to participate in advance deposit wagering,
the holder of a class 1 racing association license must have
conducted at least one full live racing season. All class 1 racing associations must complete a live race meet within each
succeeding twelve-month period to maintain eligibility to
continue participating in advance deposit wagering.
(5) When more than one class 1 racing association is participating in advance deposit wagering the moneys paid to the
racing associations shall be allocated proportionate to the
gross amount of all sources of parimutuel wagering during
each twelve-month period derived from the associations' live
67.16.260
[Title 67 RCW—page 19]
67.16.270
Title 67 RCW: Sports and Recreation—Convention Facilities
race meets. This percentage must be calculated annually.
Revenue derived from advance deposit wagers placed on
races conducted by the class 1 racing association shall all be
allocated to that association.
(6) The commission shall adopt rules regulating advance
deposit wagering.
(7) This section expires October 1, 2007. [2004 c 274 §
1.]
Effective date—2004 c 274: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 1, 2004]." [2004 c 274 § 4.]
67.16.270
67.16.270 Violation of commission rules—Penalties.
Upon making a determination that an individual or licensee
has violated a commission rule, the board of stewards may
assess a fine, suspend or revoke a person's license, or any
combination of these penalties. The commission must adopt
by rule standard penalties for a rules violation. All fines collected must be deposited in the Washington horse racing
commission class C purse fund account, created in RCW
67.16.285, and used as authorized in RCW 67.16.105(3).
[2004 c 246 § 1.]
Effective date—2004 c 246: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 31, 2004]." [2004 c 246 § 9.]
67.16.105(3). Only the secretary of the commission or the
secretary's designee may authorize expenditures from the
account. The account is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2004 c 246 § 4.]
Effective date—2004 c 246: See note following RCW 67.16.270.
67.16.300
67.16.300 Industrial insurance premium assessments. In addition to the license fees authorized by this
chapter, the commission shall collect the industrial insurance
premium assessments required under RCW 51.16.210 from
trainers, grooms, and owners. The industrial insurance premium assessments required under RCW 51.16.210 shall be
retroactive to January 1, 1989, and shall be collected from all
licensees whose licenses were issued after that date. The
commission shall deposit the industrial insurance premium
assessments in the industrial insurance trust fund as required
by rules adopted by the department of labor and industries.
[1989 c 385 § 2.]
67.16.900
67.16.900 Severability—General repealer—1933 c
55. In case any part or portion of this chapter shall be held
unconstitutional, such holding shall not affect the validity of
this chapter as a whole or any other part or portion of this
chapter not adjudged unconstitutional. All acts in conflict
herewith are hereby repealed. [1933 c 55 § 10; RRS § 831210.]
67.16.275
67.16.275 Washington horse racing commission
Washington bred owners' bonus fund account. The
Washington horse racing commission Washington bred owners' bonus fund account is created in the custody of the state
treasurer. All receipts collected by the commission under
RCW 67.16.102(1) must be deposited into the account.
Expenditures from the account may be used only as authorized in RCW 67.16.102. Only the secretary of the commission or the secretary's designee may authorize expenditures
from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2004 c 246 § 2.]
Effective date—2004 c 246: See note following RCW 67.16.270.
Chapter 67.17
Sections
67.17.005
67.17.010
67.17.020
67.17.030
67.17.040
67.17.050
67.17.060
67.17.070
67.17.080
67.17.090
67.17.100
67.17.110
67.16.280
67.16.280 Washington horse racing commission
operating account. The Washington horse racing commission operating account is created in the custody of the state
treasurer. All receipts collected by the commission under
RCW 67.16.105(2) must be deposited into the account. Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only for operating expenses of the commission. Investment earnings from
the account must be distributed to the Washington horse racing commission class C purse fund account, created in RCW
67.16.285, pursuant to RCW 43.79A.040. [2004 c 246 § 3.]
Effective date—2004 c 246: See note following RCW 67.16.270.
67.16.285
67.16.285 Washington horse racing commission class
C purse fund account. The Washington horse racing commission class C purse fund account is created in the custody
of the state treasurer. All receipts from RCW 67.16.105(3)
must be deposited into the account. Expenditures from the
account may be used only for the purposes provided in RCW
[Title 67 RCW—page 20]
Chapter 67.17 RCW
LIVE HORSE RACING COMPACT
67.17.120
67.17.130
67.17.900
Purpose.
Definitions.
Compact effective date.
Eligibility to enter compact.
Withdrawal from compact.
Creation of compact committee.
Compact committee powers and duties.
Compact committee voting requirements.
Compact committee governance.
Liability of compact committee employees or officials.
Conditions and terms for participating states.
Cooperation by governmental entities with compact committee.
Impact on horse racing commission.
Construction and severability of language.
Short title—2001 c 18.
67.17.005
67.17.005 Purpose. The purposes of the live horse racing compact are to:
(1) Establish uniform requirements among the party
states for the licensing of participants in live horse racing
with pari-mutuel wagering, and ensure that all such participants who are licensed pursuant to the compact meet a uniform minimum standard of honesty and integrity;
(2) Facilitate the growth of the horse racing industry in
each party state and nationwide by simplifying the process
for licensing participants in live racing, and reduce the duplicative and costly process of separate licensing by the regulatory agency in each state that conducts live horse racing with
pari-mutuel wagering;
(3) Authorize the Washington horse racing commission
to participate in the live horse racing compact;
(2004 Ed.)
Live Horse Racing Compact
(4) Provide for participation in the live horse racing compact by officials of the party states, and permit those officials,
through the compact committee established by this chapter,
to enter into contracts with governmental agencies and nongovernmental persons to carry out the purposes of the live
horse racing compact; and
(5) Establish the compact committee created by this
chapter as an interstate governmental entity duly authorized
to request and receive criminal history record information
from the federal bureau of investigation and other state and
local law enforcement agencies. [2001 c 18 § 1.]
67.17.010
67.17.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Compact committee" means the organization of
officials from the party states that is authorized and empowered by the live horse racing compact to carry out the purposes of the compact.
(2) "Official" means the appointed, elected, designated,
or otherwise duly selected member of a racing commission or
the equivalent thereof in a party state who represents that
party state as a member of the compact committee.
(3) "Participants in live racing" means participants in
live horse racing with pari-mutuel wagering in the party
states.
(4) "Party state" means each state that has enacted the
live horse racing compact.
(5) "State" means each of the several states of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico, and each territory or possession of the United
States. [2001 c 18 § 2.]
67.17.020
67.17.020 Compact effective date. The live horse racing compact shall come into force when enacted by any four
states. Thereafter, the compact shall become effective as to
any other state upon: (1) That state's enactment of the compact; and (2) the affirmative vote of a majority of the officials
on the compact committee as provided in RCW 67.17.070.
[2001 c 18 § 3.]
67.17.030
67.17.030 Eligibility to enter compact. Any state that
has adopted or authorized horse racing with pari-mutuel
wagering is eligible to become party to the live horse racing
compact. [2001 c 18 § 4.]
67.17.040
67.17.040 Withdrawal from compact. Any party state
may withdraw from the live horse racing compact by enacting a statute repealing the compact, but no such withdrawal is
effective until the head of the executive branch of the withdrawing state has given notice in writing of such withdrawal
to the head of the executive branch of all other party states. If,
as a result of withdrawals, participation in the compact
decreases to less than three party states, the compact no
longer shall be in force and effect unless and until there are at
least three or more party states again participating in the compact. [2001 c 18 § 5.]
67.17.050
67.17.050 Creation of compact committee. (1) There
is created an interstate governmental entity to be known as
(2004 Ed.)
67.17.060
the "compact committee" which shall be comprised of one
official from the racing commission or its equivalent in each
party state who shall be appointed, serve, and be subject to
removal in accordance with the laws of the party state he or
she represents. Under the laws of his or her party state, each
official shall have the assistance of his or her state's racing
commission or the equivalent thereof in considering issues
related to licensing of participants in live racing and in fulfilling his or her responsibilities as the representative from his or
her state to the compact committee. If an official is unable to
perform any duty in connection with the powers and duties of
the compact committee, the racing commission or equivalent
thereof from his or her state shall designate another of its
members as an alternate who shall serve in his or her place
and represent the party state as its official on the compact
committee until that racing commission or equivalent thereof
determines that the original representative official is able
once again to perform his or her duties as that party state's
representative official on the compact committee. The designation of an alternate shall be communicated by the affected
state's racing commission or equivalent thereof to the compact committee as the committee's bylaws may provide.
(2) The governor shall appoint the official to represent
the state of Washington on the compact committee for a term
of four years. No official may serve more than three consecutive terms. A vacancy shall be filled by the governor for the
unexpired term. [2001 c 18 § 6.]
67.17.060
67.17.060 Compact committee powers and duties. In
order to carry out the live horse racing compact, the compact
committee is granted the power and duty to:
(1) Determine which categories of participants in live
racing, including but not limited to owners, trainers, jockeys,
grooms, mutuel clerks, racing officials, veterinarians, and
farriers, should be licensed by the compact committee, and
establish the requirements for the initial licensure of applicants in each such category, the term of the license for each
category, and the requirements for renewal of licenses in each
category. However, with regard to requests for criminal history record information on each applicant for a license, and
with regard to the effect of a criminal record on the issuance
or renewal of a license, the compact committee shall determine for each category of participants in live racing which
licensure requirements for that category are, in its judgment,
the most restrictive licensure requirements of any party state
for that category and shall adopt licensure requirements for
that category that are, in its judgment, comparable to those
most restrictive requirements;
(2) Investigate applicants for a license from the compact
committee and, as permitted by federal and state law, gather
information on such applicants, including criminal history
record information from the federal bureau of investigation
and relevant state and local law enforcement agencies, and,
where appropriate, from the royal Canadian mounted police
and law enforcement agencies of other countries, necessary
to determine whether a license should be issued under the
licensure requirements established by the compact committee
under subsection (1) of this section. Only officials on, and
employees of, the compact committee may receive and
review such criminal history record information, and those
officials and employees may use that information only for the
[Title 67 RCW—page 21]
67.17.070
Title 67 RCW: Sports and Recreation—Convention Facilities
purposes of the compact. No such official or employee may
disclose or disseminate such information to any person or
entity other than another official on or employee of the compact committee. The fingerprints of each applicant for a
license from the compact committee shall be taken by the
compact committee, its employees, or its designee and shall
be forwarded to a state identification bureau, or to an association of state officials regulating pari-mutuel wagering designated by the attorney general of the United States, for submission to the federal bureau of investigation for a criminal
history record check. Such fingerprints may be submitted on
a fingerprint card or by electronic or other means authorized
by the federal bureau of investigation or other receiving law
enforcement agency;
(3) Issue licenses to, and renew the licenses of, participants in live racing listed in subsection (1) of this section who
are found by the compact committee to have met the licensure and renewal requirements established by the compact
committee. The compact committee shall not have the power
or authority to deny a license. If it determines that an applicant will not be eligible for the issuance or renewal of a compact committee license, the compact committee shall notify
the applicant that it will not be able to process his or her
application further. Such notification does not constitute and
shall not be considered to be the denial of a license. Any such
applicant has the right to present additional evidence to, and
to be heard by, the compact committee, but the final decision
on issuance or renewal of the license shall be made by the
compact committee using the requirements established under
subsection (1) of this section;
(4) Enter into contracts or agreements with governmental agencies and with nongovernmental persons to provide
personal services for its activities and such other services as
may be necessary to carry out the compact;
(5) Create, appoint, and abolish those offices, employments, and positions, including an executive director, as it
deems necessary for the purposes of the compact, prescribe
their powers, duties, and qualifications, hire persons to fill
those offices, employments, and positions, and provide for
the removal, term, tenure, compensation, fringe benefits,
retirement benefits, and other conditions of employment of
its officers, employees, and other positions;
(6) Borrow, accept, or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association, corporation, or other entity;
(7) Acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or in other similar manner, in furtherance of the compact;
(8) Charge a fee to each applicant for an initial license or
renewal of a license; and
(9) Receive other funds through gifts, grants, and appropriations. [2001 c 18 § 7.]
67.17.070 Compact committee voting requirements.
(1) Each official is entitled to one vote on the compact committee.
(2) All action taken by the compact committee with
regard to the addition of party states as provided in RCW
67.17.020, the licensure of participants in live racing, and the
receipt and disbursement of funds require a majority vote of
67.17.070
[Title 67 RCW—page 22]
the total number of officials, or their alternates, on the compact committee. All other action by the compact committee
requires a majority vote of those officials, or their alternates,
present and voting.
(3) No action of the compact committee may be taken
unless a quorum is present. A majority of the officials, or
their alternates, on the compact committee constitutes a quorum. [2001 c 18 § 8.]
67.17.080
67.17.080 Compact committee governance. (1) The
compact committee shall elect annually from among its
members a chair, a vice-chair, and a secretary/treasurer.
(2) The compact committee shall adopt bylaws for the
conduct of its business by a two-thirds vote of the total number of officials, or their alternates, on the compact committee
at that time and shall have the power by the same vote to
amend and rescind such bylaws. The compact committee
shall publish its bylaws in convenient form and shall file a
copy thereof and a copy of any amendments thereto with the
secretary of state or equivalent agency of each of the party
states.
(3) The compact committee may delegate the day-to-day
management and administration of its duties and responsibilities to an executive director and the executive director's support staff.
(4) Employees of the compact committee are considered
governmental employees. [2001 c 18 § 9.]
67.17.090
67.17.090 Liability of compact committee employees
or officials. No official of a party state or employee of the
compact committee shall be held personally liable for any
good faith act or omission that occurs during the performance
and within the scope of his or her responsibilities and duties
under the live horse racing compact. [2001 c 18 § 10.]
67.17.100
67.17.100 Conditions and terms for participating
states. (1) By enacting the compact, each party state:
(a) Agrees: (i) To accept the decisions of the compact
committee regarding the issuance of compact committee
licenses to participants in live racing under the compact committee's licensure requirements; and (ii) to reimburse or otherwise pay the expenses of its official representative on the
compact committee or his or her alternate;
(b) Agrees not to treat a notification to an applicant by
the compact committee under RCW 67.17.060(3) that the
compact committee will not be able to process the application
further as the denial of a license, or to penalize such an applicant in any other way based solely on such a decision by the
compact committee; and
(c) Reserves the right: (i) To charge a fee for the use of
a compact committee license in that state; (ii) to apply its own
standards in determining whether, on the facts of a particular
case, a compact committee license should be suspended or
revoked; (iii) to apply its own standards in determining licensure eligibility, under the laws of that party state, for categories of participants in live racing that the compact committee
determines not to license and for individual participants in
live racing who do not meet the licensure requirements of the
compact committee; and (iv) to establish its own licensure
standards for the licensure of nonracing employees at horse
(2004 Ed.)
Parks, Bathing Beaches, Public Camps
racetracks and employees at separate satellite wagering facilities. Any party state that suspends or revokes a compact
committee license shall, through its racing commission or the
equivalent thereof or otherwise, promptly notify the compact
committee of that suspension or revocation.
(2) No party state shall be held liable for the debts or
other financial obligations incurred by the compact committee. [2001 c 18 § 11.]
67.17.110 Cooperation by governmental entities with
compact committee. All departments, agencies, and officers
of the state of Washington and its political subdivisions are
authorized to cooperate with the compact committee in furtherance of any of its activities of the live horse racing compact. [2001 c 18 § 12.]
67.17.110
67.17.120 Impact on horse racing commission. Nothing in this chapter shall be construed to diminish or limit the
powers and responsibilities of the Washington horse racing
commission established in chapter 67.16 RCW or to invalidate any action of the Washington horse racing commission
previously taken, including without limitation any regulation
issued by the commission. [2001 c 18 § 13.]
67.17.120
67.17.130 Construction and severability of language.
This chapter shall be liberally construed so as to effectuate its
purposes. The provisions of this chapter are severable, and, if
any phrase, clause, sentence, or provision of the compact is
declared to be contrary to the Constitution of the United
States or of any party state, or the applicability of the live
horse racing compact to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of
the compact and the applicability thereof to any government,
agency, person, or circumstance shall not be affected thereby.
If all or some portion of the live horse racing compact is held
to be contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining
party states and in full force and effect as to the state affected
as to all severable matters. [2001 c 18 § 14.]
67.17.130
67.17.900 Short title—2001 c 18. This act may be
known and cited as the live horse racing compact. [2001 c 18
§ 15.]
67.17.900
Chapter 67.20 RCW
PARKS, BATHING BEACHES, PUBLIC CAMPS
Chapter 67.20
Sections
67.20.010
67.20.015
67.20.020
67.20.030
Authority to acquire and operate certain recreational facilities—Charges—Eminent domain.
Authority to establish and operate public camps—Charges.
Contracts for cooperation.
Scope of chapter.
County parks and recreational facilities: Chapter 36.68 RCW.
Eminent domain: Title 8 RCW.
Metropolitan park districts: Chapter 35.61 RCW.
Recreation districts act for counties: Chapter 36.69 RCW.
State parks and recreation commission: Chapter 79A.05 RCW.
67.20.010 Authority to acquire and operate certain
recreational facilities—Charges—Eminent domain. Any
67.20.010
(2004 Ed.)
67.20.030
city in this state acting through its city council, or its board of
park commissioners when authorized by charter or ordinance, any separately organized park district acting through
its board of park commissioners or other governing officers,
any school district acting through its board of school directors, any county acting through its board of county commissioners, any park and recreation service area acting through
its governing body, and any town acting through its town
council shall have power, acting independently or in conjunction with the United States, the state of Washington, any
county, city, park district, school district or town or any number of such public organizations to acquire any land within
this state for park, playground, gymnasiums, swimming
pools, field houses and other recreational facilities, bathing
beach or public camp purposes and roads leading from said
parks, playgrounds, gymnasiums, swimming pools, field
houses and other recreational facilities, bathing beaches, or
public camps to nearby highways by donation, purchase or
condemnation, and to build, construct, care for, control,
supervise, improve, operate and maintain parks, playgrounds,
gymnasiums, swimming pools, field houses and other recreational facilities, bathing beaches, roads and public camps
upon any such land, including the power to enact and enforce
such police regulations not inconsistent with the constitution
and laws of the state of Washington, as are deemed necessary
for the government and control of the same. The power of
eminent domain herein granted shall not extend to any land
outside the territorial limits of the governmental unit or units
exercising said power. [1988 c 82 § 7; 1949 c 97 § 1; 1921 c
107 § 1; Rem. Supp. 1949 § 9319. FORMER PART OF SECTION: 1949 c 97 § 3; 1921 c 107 § 3; Rem. Supp. 1949 §
9321 now codified as RCW 67.20.015.]
67.20.015
67.20.015 Authority to establish and operate public
camps—Charges. Any city, town, county, separately organized park district, or school district shall have power to
establish, care for, control, supervise, improve, operate and
maintain a public camp, or camps anywhere within the state,
and to that end may make, promulgate and enforce any reasonable rules and regulations in reference to such camps and
make such charges for the use thereof as may be deemed
expedient. [1949 c 97 § 3; 1921 c 107 § 3; Rem. Supp. 1949
§ 9321. Formerly RCW 67.20.010, part.]
67.20.020
67.20.020 Contracts for cooperation. Any city, park
district, school district, county or town shall have power to
enter into any contract in writing with any organization or
organizations referred to in this chapter for the purpose of
conducting a recreation program or exercising any other
power granted by this chapter. In the conduct of such recreation program property or facilities owned by any individual,
group or organization, whether public or private, may be utilized by consent of the owner. [1949 c 97 § 2; 1921 c 107 §
2; Rem. Supp. 1949 § 9320.]
67.20.030
67.20.030 Scope of chapter. This chapter shall not be
construed to repeal or limit any existing power of any city or
park district, but to grant powers in addition thereto. [1949 c
97 § 4; 1921 c 107 § 4; Rem. Supp. 1949 § 9319 note.]
[Title 67 RCW—page 23]
Chapter 67.24
Chapter 67.24
Title 67 RCW: Sports and Recreation—Convention Facilities
Chapter 67.24 RCW
FRAUD IN SPORTING CONTEST
Tax changes: RCW 82.14.055.
Sections
67.24.010
67.24.020
Tax rate calculation errors: RCW 82.32.430.
Commission of—Felony.
Scope of 1945 c 107.
67.24.010 Commission of—Felony. Every person who
shall give, offer, receive, or promise, directly or indirectly,
any compensation, gratuity, or reward, or make any promise
thereof, or who shall fraudulently commit any act by trick,
device, or bunco, or any means whatsoever with intent to
influence or change the outcome of any sporting contest
between people or between animals, is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not less than five years. [2003 c 53 § 302;
1992 c 7 § 43; 1945 c 107 § 1; 1941 c 181 § 1; Rem. Supp.
1945 § 2499-1.]
67.24.010
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
67.24.020 Scope of 1945 c 107. All of the acts and statutes in conflict herewith are hereby repealed except chapter
55, Laws of 1933 [chapters *43.50 and 67.16 RCW] and
amendments thereto. [1945 c 107 § 2; Rem. Supp. 1945 §
2499-1 note.]
67.24.020
*Reviser's note: Chapter 43.50 RCW is now codified as RCW
67.16.012 and 67.16.015.
Chapter 67.28 RCW
PUBLIC STADIUM, CONVENTION, ARTS, AND
TOURISM FACILITIES
Chapter 67.28
Sections
67.28.080
67.28.120
67.28.125
67.28.130
67.28.140
67.28.150
67.28.160
67.28.170
67.28.180
67.28.1801
67.28.181
67.28.1815
67.28.1817
67.28.183
67.28.184
67.28.200
67.28.220
67.28.8001
67.28.900
67.28.910
67.28.911
67.28.912
67.28.913
Stadiums, coliseums, powers of counties to build and operate: RCW
36.68.090.
Definitions.
Authorization to acquire and operate tourism-related facilities.
Selling convention center facilities—Smaller counties within
national scenic areas.
Conveyance or lease of lands, properties or facilities authorized—Joint participation, use of facilities.
Declaration of public purpose—Right of eminent domain.
Issuance of general obligation bonds—Maturity—Methods of
payment.
Revenue bonds—Issuance, sale, form, term, payment,
reserves, actions.
Power to lease all or part of facilities—Disposition of proceeds.
Lodging tax authorized—Conditions.
Credit against sales tax due on same lodging.
Special excise taxes authorized—Rates—Credits for city or
town tax by county—Limits.
Revenue—Special fund—Uses for tourism promotion and
tourism facility acquisition and operation.
Lodging tax advisory committee in large municipalities—Submission of proposal for imposition of or change in tax or
use—Comments.
Exemption from tax—Emergency lodging for homeless persons—Conditions.
Use of hotel-motel tax revenues by cities for professional
sports franchise facilities limited.
Special excise tax authorized—Exemptions may be established—Collection.
Powers additional and supplemental to other laws.
Reports by municipalities—Summary and analysis by department of community, trade, and economic development.
Severability—1965 c 15.
Severability—1967 c 236.
Severability—1973 2nd ex.s. c 34.
Severability—1975 1st ex.s. c 225.
Severability—1988 ex.s. c 1.
Multipurpose community centers: Chapter 35.59 RCW.
[Title 67 RCW—page 24]
67.28.080
67.28.080 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Acquisition" includes, but is not limited to, siting,
acquisition, design, construction, refurbishing, expansion,
repair, and improvement, including paying or securing the
payment of all or any portion of general obligation bonds,
leases, revenue bonds, or other obligations issued or incurred
for such purpose or purposes under this chapter.
(2) "Municipality" means any county, city or town of the
state of Washington.
(3) "Operation" includes, but is not limited to, operation,
management, and marketing.
(4) "Person" means the federal government or any
agency thereof, the state or any agency, subdivision, taxing
district or municipal corporation thereof other than county,
city or town, any private corporation, partnership, association, or individual.
(5) "Tourism" means economic activity resulting from
tourists, which may include sales of overnight lodging,
meals, tours, gifts, or souvenirs.
(6) "Tourism promotion" means activities and expenditures designed to increase tourism, including but not limited
to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists;
developing strategies to expand tourism; operating tourism
promotion agencies; and funding marketing of special events
and festivals designed to attract tourists.
(7) "Tourism-related facility" means real or tangible personal property with a usable life of three or more years, or
constructed with volunteer labor, and used to support tourism, performing arts, or to accommodate tourist activities.
(8) "Tourist" means a person who travels from a place of
residence to a different town, city, county, state, or country,
for purposes of business, pleasure, recreation, education, arts,
heritage, or culture. [1997 c 452 § 2; 1991 c 357 § 1; 1967 c
236 § 1.]
Intent—1997 c 452: "The intent of this act is to provide uniform standards for local option excise taxation of lodging." [1997 c 452 § 1.]
Severability—1997 c 452: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 452 § 24.]
Savings—1997 c 452: See note following RCW 67.28.181.
Effective date, application—1991 c 357: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
after immediately [effect immediately (May 21, 1991)]. This act applies retroactively to all actions taken under chapter 67.28 RCW on or after January
1, 1990." [1991 c 357 § 5.]
Clarification of permitted use or purpose: 2000 c 256.
67.28.120
67.28.120 Authorization to acquire and operate tourism-related facilities. Any municipality is authorized either
individually or jointly with any other municipality, or person,
or any combination thereof, to acquire and to operate tourism-related facilities, whether located within or without such
(2004 Ed.)
Public Stadium, Convention, Arts, and Tourism Facilities
municipality. [1997 c 452 § 7; 1979 ex.s. c 222 § 1; 1973 2nd
ex.s. c 34 § 1; 1967 c 236 § 5.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
67.28.125 Selling convention center facilities—
Smaller counties within national scenic areas. The provisions of this section shall apply to any municipality in any
county located in whole or in part in a national scenic area
when the population of the county is less than 20,000. The
provisions of this section shall also apply to the county when
the county contains in whole or in part a national scenic area
and the population of the county is less than 20,000.
(1) The legislative body of any municipality or the
county legislative authority is authorized to sell to any public
or private person, including a corporation, partnership, joint
venture, or any other business entity, any convention center
facility it owns in whole or in part.
(2) The price and other terms and conditions shall be as
the legislative body or authority shall determine. [1991 c 357
§ 2.]
67.28.125
Effective date, application—1991 c 357: See note following RCW
67.28.080.
67.28.130 Conveyance or lease of lands, properties or
facilities authorized—Joint participation, use of facilities.
Any municipality, taxing district, or municipal corporation is
authorized to convey or lease any lands, properties or facilities to any other municipality for the development by such
other municipality of tourism-related facilities or to provide
for the joint use of such lands, properties or facilities, or to
participate in the financing of all or any part of the public
facilities on such terms as may be fixed by agreement
between the respective legislative bodies without submitting
the matter to the voters of such municipalities, unless the provisions of general law applicable to the incurring of municipal indebtedness shall require such submission. [1997 c 452
§ 8; 1979 ex.s. c 222 § 2; 1973 2nd ex.s. c 34 § 2; 1967 c 236
§ 6.]
67.28.130
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
67.28.140 Declaration of public purpose—Right of
eminent domain. The acts authorized herein are declared to
be strictly for the public purposes of the municipalities authorized to perform same. Any municipality as defined in RCW
67.28.080 shall have the power to acquire by condemnation
and purchase any lands and property rights, both within and
without its boundaries, which are necessary to carry out the
purposes of this chapter. Such right of eminent domain shall
be exercised by the legislative body of each such municipality in the manner provided by applicable general law or under
chapter 8.12 RCW. [1967 c 236 § 7.]
67.28.140
67.28.150 Issuance of general obligation bonds—
Maturity—Methods of payment. To carry out the purposes
of this chapter any municipality shall have the power to issue
general obligation bonds within the limitations now or hereafter prescribed by the laws of this state. Such general obliga67.28.150
(2004 Ed.)
67.28.160
tion bonds shall be authorized, executed, issued and made
payable as other general obligation bonds of such municipality: PROVIDED, That the governing body of such municipality may provide that such bonds mature in not to exceed
forty years from the date of their issue, may provide that such
bonds also be made payable from any special taxes provided
for in this chapter, and may provide that such bonds also be
made payable from any otherwise unpledged revenue which
may be derived from the ownership or operation of any properties. [1997 c 452 § 9; 1984 c 186 § 56; 1967 c 236 § 8.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
Purpose—1984 c 186: See note following RCW 39.46.110.
67.28.160 Revenue bonds—Issuance, sale, form,
term, payment, reserves, actions. (1) To carry out the purposes of this chapter the legislative body of any municipality
shall have the power to issue revenue bonds without submitting the matter to the voters of the municipality: PROVIDED, That the legislative body shall create a special fund
or funds for the sole purpose of paying the principal of and
interest on the bonds of each such issue, into which fund or
funds the legislative body may obligate the municipality to
pay all or part of amounts collected from the special taxes
provided for in this chapter, and/or to pay such amounts of
the gross revenue of all or any part of the facilities constructed, acquired, improved, added to, repaired or replaced
pursuant to this chapter, as the legislative body shall determine: PROVIDED, FURTHER, That the principal of and
interest on such bonds shall be payable only out of such special fund or funds, and the owners of such bonds shall have a
lien and charge against the gross revenue pledged to such
fund.
Such revenue bonds and the interest thereon issued
against such fund or funds shall constitute a claim of the owners thereof only as against such fund or funds and the revenue
pledged therefor, and shall not constitute a general indebtedness of the municipality.
Each such revenue bond shall state upon its face that it is
payable from such special fund or funds, and all revenue
bonds issued under this chapter shall be negotiable securities
within the provisions of the law of this state. Such revenue
bonds may be registered either as to principal only or as to
principal and interest as provided in RCW 39.46.030, or may
be bearer bonds; shall be in such denominations as the legislative body shall deem proper; shall be payable at such time
or times and at such places as shall be determined by the legislative body; shall be executed in such manner and bear
interest at such rate or rates as shall be determined by the legislative body.
Such revenue bonds shall be sold in such manner as the
legislative body shall deem to be for the best interests of the
municipality, either at public or private sale.
The legislative body may at the time of the issuance of
such revenue bonds make such covenants with the owners of
said bonds as it may deem necessary to secure and guaranty
the payment of the principal thereof and the interest thereon,
including but not being limited to covenants to set aside adequate reserves to secure or guaranty the payment of such
principal and interest, to pledge and apply thereto part or all
67.28.160
[Title 67 RCW—page 25]
67.28.170
Title 67 RCW: Sports and Recreation—Convention Facilities
of any lawfully authorized special taxes provided for in this
chapter, to maintain rates, charges or rentals sufficient with
other available moneys to pay such principal and interest and
to maintain adequate coverage over debt service, to appoint a
trustee or trustees for the bond owners, to safeguard the
expenditure of the proceeds of sale of such bonds and to fix
the powers and duties of such trustee or trustees and to make
such other covenants as the legislative body may deem necessary to accomplish the most advantageous sale of such bonds.
The legislative body may also provide that revenue bonds
payable out of the same source may later be issued on a parity
with revenue bonds being issued and sold.
The legislative body may include in the principal amount
of any such revenue bond issue an amount for engineering,
architectural, planning, financial, legal, and other services
and charges incident to the acquisition or construction of
public stadium facilities, convention center facilities, performing arts center facilities, and/or visual arts center facilities, an amount to establish necessary reserves, an amount for
working capital and an amount necessary for interest during
the period of construction of any facilities to be financed
from the proceeds of such issue plus six months. The legislative body may, if it deems it in the best interest of the municipality, provide in any contract for the construction or acquisition of any facilities or additions or improvements thereto
or replacements or extensions thereof that payment therefor
shall be made only in such revenue bonds.
If the municipality shall fail to carry out or perform any
of its obligations or covenants made in the authorization,
issuance and sale of such bonds, the owner of any such bond
may bring action against the municipality and compel the
performance of any or all of such covenants.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1997 c 452 § 10; 1983 c 167 § 168; 1979 ex.s.
c 222 § 3; 1973 2nd ex.s. c 34 § 3; 1967 c 236 § 9.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
67.28.170
67.28.170 Power to lease all or part of facilities—Disposition of proceeds. The legislative body of any municipality owning or operating tourism-related facilities acquired
under this chapter shall have power to lease to any municipality or person, or to contract for the use or operation by any
municipality or person, of all or any part of the facilities
authorized by this chapter, including but not limited to parking facilities, concession facilities of all kinds and any property or property rights appurtenant to such tourism-related
facilities, for such period and under such terms and conditions and upon such rentals, fees and charges as such legislative body may determine, and may pledge all or any portion
of such rentals, fees and charges and all other revenue
derived from the ownership and/or operation of such facilities to pay and to secure the payment of general obligation
bonds and/or revenue bonds of such municipality issued for
authorized tourism-related facilities purposes. [1997 c 452 §
11; 1979 ex.s. c 222 § 4; 1973 2nd ex.s. c 34 § 4; 1967 c 236
§ 10.]
[Title 67 RCW—page 26]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
67.28.180
67.28.180 Lodging tax authorized—Conditions. (1)
Subject to the conditions set forth in subsections (2) and (3)
of this section, the legislative body of any county or any city,
is authorized to levy and collect a special excise tax of not to
exceed two percent on the sale of or charge made for the furnishing of lodging that is subject to tax under chapter 82.08
RCW.
(2) Any levy authorized by this section shall be subject
to the following:
(a) Any county ordinance or resolution adopted pursuant
to this section shall contain, in addition to all other provisions
required to conform to this chapter, a provision allowing a
credit against the county tax for the full amount of any city
tax imposed pursuant to this section upon the same taxable
event.
(b) In the event that any county has levied the tax authorized by this section and has, prior to June 26, 1975, either
pledged the tax revenues for payment of principal and interest on city revenue or general obligation bonds authorized
and issued pursuant to RCW 67.28.150 through 67.28.160 or
has authorized and issued revenue or general obligation
bonds pursuant to the provisions of RCW 67.28.150 through
67.28.160, such county shall be exempt from the provisions
of (a) of this subsection, to the extent that the tax revenues are
pledged for payment of principal and interest on bonds issued
at any time pursuant to the provisions of RCW 67.28.150
through 67.28.160: PROVIDED, That so much of such
pledged tax revenues, together with any investment earnings
thereon, not immediately necessary for actual payment of
principal and interest on such bonds may be used: (i) In any
county with a population of one million or more, for repayment either of limited tax levy general obligation bonds or of
any county fund or account from which a loan was made, the
proceeds from the bonds or loan being used to pay for constructing, installing, improving, and equipping stadium capital improvement projects, and to pay for any engineering,
planning, financial, legal and professional services incident
to the development of such stadium capital improvement
projects, regardless of the date the debt for such capital
improvement projects was or may be incurred; (ii) in any
county with a population of one million or more, for repayment or refinancing of bonded indebtedness incurred prior to
January 1, 1997, for any purpose authorized by this section or
relating to stadium repairs or rehabilitation, including but not
limited to the cost of settling legal claims, reimbursing operating funds, interest payments on short-term loans, and any
other purpose for which such debt has been incurred if the
county has created a public stadium authority to develop a
stadium and exhibition center under RCW 36.102.030; or
(iii) in other counties, for county-owned facilities for agricultural promotion. A county is exempt under this subsection in
respect to city revenue or general obligation bonds issued
after April 1, 1991, only if such bonds mature before January
1, 2013.
As used in this subsection (2)(b), "capital improvement
projects" may include, but not be limited to a stadium restaurant facility, restroom facilities, artificial turf system, seating
(2004 Ed.)
Public Stadium, Convention, Arts, and Tourism Facilities
facilities, parking facilities and scoreboard and information
system adjacent to or within a county owned stadium,
together with equipment, utilities, accessories and appurtenances necessary thereto. The stadium restaurant authorized
by this subsection (2)(b) shall be operated by a private concessionaire under a contract with the county.
(c)(i) No city within a county exempt under subsection
(2)(b) of this section may levy the tax authorized by this section so long as said county is so exempt.
(ii) If bonds have been issued under RCW 43.99N.020
and any necessary property transfers have been made under
RCW 36.102.100, no city within a county with a population
of one million or more may levy the tax authorized by this
section before January 1, 2021.
(iii) However, in the event that any city in a county
described in (i) or (ii) of this subsection (2)(c) has levied the
tax authorized by this section and has, prior to June 26, 1975,
authorized and issued revenue or general obligation bonds
pursuant to the provisions of RCW 67.28.150 through
67.28.160, such city may levy the tax so long as the tax revenues are pledged for payment of principal and interest on
bonds issued at any time pursuant to the provisions of RCW
67.28.150 through 67.28.160.
(3) Any levy authorized by this section by a county that
has levied the tax authorized by this section and has, prior to
June 26, 1975, either pledged the tax revenues for payment of
principal and interest on city revenue or general obligation
bonds authorized and issued pursuant to RCW 67.28.150
through 67.28.160 or has authorized and issued revenue or
general obligation bonds pursuant to the provisions of RCW
67.28.150 through 67.28.160 shall be subject to the following:
(a) Taxes collected under this section in any calendar
year before 2013 in excess of five million three hundred thousand dollars shall only be used as follows:
(i) Seventy-five percent from January 1, 1992, through
December 31, 2000, and seventy percent from January 1,
2001, through December 31, 2012, for art museums, cultural
museums, heritage museums, the arts, and the performing
arts. Moneys spent under this subsection (3)(a)(i) shall be
used for the purposes of this subsection (3)(a)(i) in all parts of
the county.
(ii) Twenty-five percent from January 1, 1992, through
December 31, 2000, and thirty percent from January 1, 2001,
through December 31, 2012, for the following purposes and
in a manner reflecting the following order of priority: Stadium purposes as authorized under subsection (2)(b) of this
section; acquisition of open space lands; youth sports activities; and tourism promotion. If all or part of the debt on the
stadium is refinanced, all revenues under this subsection
(3)(a)(ii) shall be used to retire the debt.
(b) From January 1, 2013, through December 31, 2015,
in a county with a population of one million or more, all revenues under this section shall be used to retire the debt on the
stadium, or deposited in the stadium and exhibition center
account under RCW 43.99N.060 after the debt on the stadium is retired.
(c) From January 1, 2016, through December 31, 2020,
in a county with a population of one million or more, all revenues under this section shall be deposited in the stadium and
exhibition center account under RCW 43.99N.060.
(2004 Ed.)
67.28.180
(d) At least seventy percent of moneys spent under (a)(i)
of this subsection for the period January 1, 1992, through
December 31, 2000, shall be used only for the purchase,
design, construction, and remodeling of performing arts,
visual arts, heritage, and cultural facilities, and for the purchase of fixed assets that will benefit art, heritage, and cultural organizations. For purposes of this subsection, fixed
assets are tangible objects such as machinery and other
equipment intended to be held or used for ten years or more.
Moneys received under this subsection (3)(d) may be used
for payment of principal and interest on bonds issued for capital projects. Qualifying organizations receiving moneys
under this subsection (3)(d) must be financially stable and
have at least the following:
(i) A legally constituted and working board of directors;
(ii) A record of artistic, heritage, or cultural accomplishments;
(iii) Been in existence and operating for at least two
years;
(iv) Demonstrated ability to maintain net current liabilities at less than thirty percent of general operating expenses;
(v) Demonstrated ability to sustain operational capacity
subsequent to completion of projects or purchase of machinery and equipment; and
(vi) Evidence that there has been independent financial
review of the organization.
(e) At least forty percent of the revenues distributed pursuant to (a)(i) of this subsection for the period January 1,
2001, through December 31, 2012, shall be deposited in an
account and shall be used to establish an endowment. Principal in the account shall remain permanent and irreducible.
The earnings from investments of balances in the account
may only be used for the purposes of (a)(i) of this subsection.
(f) School districts and schools shall not receive revenues distributed pursuant to (a)(i) of this subsection.
(g) Moneys distributed to art museums, cultural museums, heritage museums, the arts, and the performing arts, and
moneys distributed for tourism promotion shall be in addition
to and may not be used to replace or supplant any other funding by the legislative body of the county.
(h) As used in this section, "tourism promotion" includes
activities intended to attract visitors for overnight stays, arts,
heritage, and cultural events, and recreational, professional,
and amateur sports events. Moneys allocated to tourism promotion in a class AA county shall be allocated to nonprofit
organizations formed for the express purpose of tourism promotion in the county. Such organizations shall use moneys
from the taxes to promote events in all parts of the class AA
county.
(i) No taxes collected under this section may be used for
the operation or maintenance of a public stadium that is
financed directly or indirectly by bonds to which the tax is
pledged. Expenditures for operation or maintenance include
all expenditures other than expenditures that directly result in
new fixed assets or that directly increase the capacity, life
span, or operating economy of existing fixed assets.
(j) No ad valorem property taxes may be used for debt
service on bonds issued for a public stadium that is financed
by bonds to which the tax is pledged, unless the taxes collected under this section are or are projected to be insufficient
to meet debt service requirements on such bonds.
[Title 67 RCW—page 27]
67.28.1801
Title 67 RCW: Sports and Recreation—Convention Facilities
(k) If a substantial part of the operation and management
of a public stadium that is financed directly or indirectly by
bonds to which the tax is pledged is performed by a nonpublic entity or if a public stadium is sold that is financed directly
or indirectly by bonds to which the tax is pledged, any bonds
to which the tax is pledged shall be retired. This subsection
(3)(k) does not apply in respect to a public stadium under
chapter 36.102 RCW transferred to, owned by, or constructed
by a public facilities district under chapter 36.100 RCW or a
stadium and exhibition center.
(l) The county shall not lease a public stadium that is
financed directly or indirectly by bonds to which the tax is
pledged to, or authorize the use of the public stadium by, a
professional major league sports franchise unless the sports
franchise gives the right of first refusal to purchase the sports
franchise, upon its sale, to local government. This subsection
(3)(l) does not apply to contracts in existence on April 1,
1986.
If a court of competent jurisdiction declares any provision of this subsection (3) invalid, then that invalid provision
shall be null and void and the remainder of this section is not
affected. [2002 c 178 § 2; 1997 c 220 § 501 (Referendum Bill
No. 48, approved June 17, 1997); 1995 1st sp.s. c 14 § 10;
1995 c 386 § 8. Prior: 1991 c 363 § 139; 1991 c 336 § 1; 1987
c 483 § 1; 1986 c 104 § 1; 1985 c 272 § 1; 1975 1st ex.s. c 225
§ 1; 1973 2nd ex.s. c 34 § 5; 1970 ex.s. c 89 § 1; 1967 c 236
§ 11.]
Retroactive application—2002 c 178: "This act applies retroactively
to events occurring on and after September 1, 2001." [2002 c 178 § 6.]
Effective date—2002 c 178: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 27, 2002]." [2002 c 178 § 7.]
Referendum—Other legislation limited—Legislators' personal
intent not indicated—Reimbursements for election—Voters' pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Severability—Effective dates—1995 1st sp.s. c 14: See notes following RCW 36.100.010.
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
Effective date—1991 c 336: "This act shall take effect January 1,
1992." [1991 c 336 § 3.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Effective date—1986 c 104: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect April 1,
1986." [1986 c 104 § 2.]
Severability—1985 c 272: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 272 § 2.]
Contracts for marketing facility and services: RCW 67.40.120.
Lodging tax imposed in King county for state convention and trade center:
RCW 67.40.090.
67.28.1801 Credit against sales tax due on same lodging. Tax collected under RCW 67.28.180 on a sale of lodging shall be credited against the amount of sales tax due to the
state under chapter 82.08 RCW on the same sale of lodging.
[1998 c 35 § 2.]
67.28.1801
[Title 67 RCW—page 28]
Validation of taxes imposed and collected and actions taken—Effective date—1998 c 35: See notes following RCW 67.28.181.
67.28.181
67.28.181 Special excise taxes authorized—Rates—
Credits for city or town tax by county—Limits. (1) The
legislative body of any municipality may impose an excise
tax on the sale of or charge made for the furnishing of lodging
that is subject to tax under chapter 82.08 RCW. The rate of
tax shall not exceed the lesser of two percent or a rate that,
when combined with all other taxes imposed upon sales of
lodging within the municipality under this chapter and chapters 36.100, 67.40, 82.08, and 82.14 RCW, equals twelve percent. A tax under this chapter shall not be imposed in increments smaller than tenths of a percent.
(2) Notwithstanding subsection (1) of this section:
(a) If a municipality was authorized to impose taxes
under this chapter or RCW 67.40.100 or both with a total rate
exceeding four percent before July 27, 1997, such total
authorization shall continue through January 31, 1999, and
thereafter the municipality may impose a tax under this section at a rate not exceeding the rate actually imposed by the
municipality on January 31, 1999.
(b) If a city or town, other than a municipality imposing
a tax under (a) of this subsection, is located in a county that
imposed taxes under this chapter with a total rate of four percent or more on January 1, 1997, the city or town may not
impose a tax under this section.
(c) If a city has a population of four hundred thousand or
more and is located in a county with a population of one million or more, the rate of tax imposed under this chapter by the
city shall not exceed the lesser of four percent or a rate that,
when combined with all other taxes imposed upon sales of
lodging in the municipality under this chapter and chapters
36.100, 67.40, 82.08, and 82.14 RCW, equals fifteen and
two-tenths percent.
(d) If a municipality was authorized to impose taxes
under this chapter or RCW 67.40.100, or both, at a rate equal
to six percent before January 1, 1998, the municipality may
impose a tax under this section at a rate not exceeding the rate
actually imposed by the municipality on January 1, 1998.
(3) Any county ordinance or resolution adopted under
this section shall contain a provision allowing a credit against
the county tax for the full amount of any city or town tax
imposed under this section upon the same taxable event.
[2004 c 79 § 8; 1998 c 35 § 1; 1997 c 452 § 3.]
Validation of taxes imposed and collected and actions taken—1998
c 35: "If a municipality was authorized to impose taxes under chapter 67.28
RCW or RCW 67.40.100 or both with a total rate exceeding four percent
before July 27, 1997, any taxes imposed and collected by the municipality on
or after July 27, 1997, are validated by this act to the extent the taxes were
imposed at rates that would be permitted under chapter 67.28 RCW as
amended by this act. All actions taken in connection with the collection and
administration of taxes validated under this section, including crediting the
taxes against the amount of sales taxes due to the state under chapter 82.08
RCW, are also validated by this act to the extent the actions taken would be
permitted under chapter 67.28 RCW as amended by this act." [1998 c 35 §
4.]
Effective date—1998 c 35: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 12, 1998]." [1998 c 35 § 5.]
Savings—1997 c 452: "This act does not affect any existing right
acquired or liability or obligation incurred under the sections amended or
repealed in this act or under any rule or order adopted under those sections,
(2004 Ed.)
Public Stadium, Convention, Arts, and Tourism Facilities
nor does it affect any proceeding instituted under those sections. As provided in RCW 1.12.020, the sections amended or repealed in this act are continued by section 3 of this act for purposes such as redemption payments on
bonds issued in reliance on taxes imposed under those sections. Any moneys
held in a fund created under a section repealed in this act shall be deposited
in a fund created under section 4 of this act." [1997 c 452 § 23.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
67.28.1815
67.28.1815 Revenue—Special fund—Uses for tourism promotion and tourism facility acquisition and operation. All revenue from taxes imposed under this chapter
shall be credited to a special fund in the treasury of the
municipality imposing such tax and used solely for the purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of
tourism-related facilities. Municipalities may, under chapter
39.34 RCW, agree to the utilization of revenue from taxes
imposed under this chapter for the purposes of funding a multijurisdictional tourism-related facility. [1997 c 452 § 4.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
67.28.1817
67.28.1817 Lodging tax advisory committee in large
municipalities—Submission of proposal for imposition of
or change in tax or use—Comments. (1) Before proposing
imposition of a new tax under this chapter, an increase in the
rate of a tax imposed under this chapter, repeal of an exemption from a tax imposed under this chapter, or a change in the
use of revenue received under this chapter, a municipality
with a population of five thousand or more shall establish a
lodging tax advisory committee under this section. A lodging
tax advisory committee shall consist of at least five members,
appointed by the legislative body of the municipality, unless
the municipality has a charter providing for a different
appointment authority. The committee membership shall
include: (a) At least two members who are representatives of
businesses required to collect tax under this chapter; and (b)
at least two members who are persons involved in activities
authorized to be funded by revenue received under this chapter. Persons who are eligible for appointment under (a) of this
subsection are not eligible for appointment under (b) of this
subsection. Persons who are eligible for appointment under
(b) of this subsection are not eligible for appointment under
(a) of this subsection. Organizations representing businesses
required to collect tax under this chapter, organizations
involved in activities authorized to be funded by revenue
received under this chapter, and local agencies involved in
tourism promotion may submit recommendations for membership on the committee. The number of members who are
representatives of businesses required to collect tax under
this chapter shall equal the number of members who are
involved in activities authorized to be funded by revenue
received under this chapter. One member shall be an elected
official of the municipality who shall serve as chair of the
committee. An advisory committee for a county may include
one nonvoting member who is an elected official of a city or
town in the county. An advisory committee for a city or town
may include one nonvoting member who is an elected official
of the county in which the city or town is located. The
appointing authority shall review the membership of the
(2004 Ed.)
67.28.200
advisory committee annually and make changes as appropriate.
(2) Any municipality that proposes imposition of a tax
under this chapter, an increase in the rate of a tax imposed
under this chapter, repeal of an exemption from a tax
imposed under this chapter, or a change in the use of revenue
received under this chapter shall submit the proposal to the
lodging tax advisory committee for review and comment.
The submission shall occur at least forty-five days before
final action on or passage of the proposal by the municipality.
The advisory committee shall submit comments on the proposal in a timely manner through generally applicable public
comment procedures. The comments shall include an analysis of the extent to which the proposal will accommodate
activities for tourists or increase tourism, and the extent to
which the proposal will affect the long-term stability of the
fund created under RCW 67.28.1815. Failure of the advisory
committee to submit comments before final action on or passage of the proposal shall not prevent the municipality from
acting on the proposal. A municipality is not required to submit an amended proposal to an advisory committee under this
section. [1998 c 35 § 3; 1997 c 452 § 5.]
Validation of taxes imposed and collected and actions taken—Effective date—1998 c 35: See notes following RCW 67.28.181.
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
67.28.183
67.28.183 Exemption from tax—Emergency lodging
for homeless persons—Conditions. (1) The taxes levied
under this chapter shall not apply to emergency lodging provided for homeless persons for a period of less than thirty
consecutive days under a shelter voucher program administered by an eligible organization.
(2) For the purposes of this exemption, an eligible organization includes only cities, towns, and counties, or their
respective agencies, and groups providing emergency food
and shelter services. [1992 c 206 § 5; 1988 c 61 § 2.]
Effective date—1992 c 206: See note following RCW 82.04.170.
Effective date—1988 c 61: See note following RCW 82.08.0299.
67.28.184
67.28.184 Use of hotel-motel tax revenues by cities
for professional sports franchise facilities limited. No city
imposing the tax authorized under this chapter may use the
tax proceeds directly or indirectly to acquire, construct, operate, or maintain facilities or land intended to be used by a professional sports franchise if the county within which the city
is located uses the proceeds of its tax imposed under this
chapter to directly or indirectly acquire, construct, operate, or
maintain a facility used by a professional sports franchise.
[1997 c 452 § 13; 1987 1st ex.s. c 8 § 7.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
Severability—1987 1st ex.s. c 8: See note following RCW 67.40.020.
67.28.200
67.28.200 Special excise tax authorized—Exemptions may be established—Collection. The legislative body
of any municipality may establish reasonable exemptions for
taxes authorized under this chapter. The department of reve[Title 67 RCW—page 29]
67.28.220
Title 67 RCW: Sports and Recreation—Convention Facilities
nue shall perform the collection of such taxes on behalf of
such municipality at no cost to such municipality. Except as
expressly provided in this chapter, all of the provisions contained in RCW 82.08.050 and 82.08.060 and chapter 82.32
RCW shall have full force and application with respect to
taxes imposed under the provisions of this chapter. [2004 c
79 § 9; 1997 c 452 § 14; 1993 c 389 § 2; 1991 c 331 § 2; 1988
ex.s. c 1 § 23; 1987 c 483 § 3; 1970 ex.s. c 89 § 2; 1967 c 236
§ 13.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
67.28.911
67.28.911 Severability—1973 2nd ex.s. c 34. If any
provision of this 1973 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances is not affected. [1973 2nd ex.s. c 34 § 7.]
67.28.912
67.28.912 Severability—1975 1st ex.s. c 225. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances is not affected. [1975 1st ex.s. c 225 § 3.]
Savings—1997 c 452: See note following RCW 67.28.181.
67.28.913
67.28.220
67.28.220 Powers additional and supplemental to
other laws. The powers and authority conferred upon
municipalities under the provisions of this chapter shall be
construed as in addition and supplemental to powers or
authority conferred by any other law, and nothing contained
herein shall be construed as limiting any other powers or
authority of such municipalities. [1967 c 236 § 15.]
67.28.913 Severability—1988 ex.s. c 1.
36.100.900.
Chapter 67.30
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
67.28.900
67.28.900 Severability—1965 c 15. If any provision of
this chapter, or its application to any person or circumstance
is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not
affected. [1965 c 15 § 8.]
67.28.910
67.28.910 Severability—1967 c 236. If any provision
of this act, or its application to any municipality, person or
circumstance is held invalid, the remainder of this act or the
application of the provision to other municipalities, persons
or circumstances is not affected. [1967 c 236 § 19.]
[Title 67 RCW—page 30]
Chapter 67.30 RCW
MULTIPURPOSE SPORTS STADIA
Sections
67.30.010
67.30.020
67.28.8001
67.28.8001 Reports by municipalities—Summary
and analysis by department of community, trade, and
economic development. (1) Each municipality imposing a
tax under chapter 67.28 RCW shall submit a report to the
department of community, trade, and economic development
on October 1, 1998, and October 1, 2000. Each report shall
include the following information:
(a) The rate of tax imposed under chapter 67.28 RCW;
(b) The total revenue received under chapter 67.28 RCW
for each of the preceding six years;
(c) A list of projects and activities funded with revenue
received under chapter 67.28 RCW; and
(d) The amount of revenue under chapter 67.28 RCW
expended for each project and activity.
(2) The department of community, trade, and economic
development shall summarize and analyze the data received
under subsection (1) of this section in a report submitted to
the legislature on January 1, 1999, and January 1, 2001. The
report shall include, but not be limited to, analysis of factors
contributing to growth in revenue received under chapter
67.28 RCW and the effects of projects and activities funded
with revenue received under chapter 67.28 RCW on tourism
growth. [1997 c 452 § 6.]
See RCW
67.30.030
67.30.040
67.30.050
67.30.900
Declaration of public purpose and necessity.
Participation by cities and counties—Powers—Costs, how
paid.
Issuance of revenue bonds—Limitations—Retirement.
Power to appropriate and raise moneys.
Powers additional and supplemental to other laws.
Severability—1967 c 166.
Multipurpose community centers: Chapter 35.59 RCW.
Professional sports franchise, cities authorized to own and operate: RCW
35.21.695.
Stadia, coliseums, powers of counties to build and operate: RCW 36.68.090.
67.30.010
67.30.010 Declaration of public purpose and necessity. The participation of counties and cities in multipurpose
sports stadia which may be used for football, baseball, soccer,
conventions, home shows or any and all similar activities; the
purchase, lease, condemnation, or other acquisition of necessary real property therefor; the acquisition by condemnation
or otherwise, lease, construction, improvement, maintenance,
and equipping of buildings or other structures upon such real
property or other real property; the operation and maintenance necessary for such participation, and the exercise of
any other powers herein granted to counties and cities, are
hereby declared to be public, governmental, and municipal
functions, exercised for a public purpose, and matters of public necessity, and such real property and other property
acquired, constructed, improved, maintained, equipped, and
used by counties and cities in the manner and for the purposes
enumerated in this chapter shall and are hereby declared to be
acquired, constructed, improved, maintained, equipped and
used for public, governmental, and municipal purposes and
as a matter of public necessity. [1967 c 166 § 2.]
67.30.020
67.30.020 Participation by cities and counties—Powers—Costs, how paid. The counties and cities are authorized, upon passage of an ordinance in the prescribed manner,
to participate in the financing, construction, acquisition,
operation, and maintenance of multipurpose sports stadia
within their boundaries. Counties and cities are also authorized, through their governing authorities, to purchase, lease,
condemn, or otherwise acquire property, real or personal; to
construct, improve, maintain and equip buildings or other
(2004 Ed.)
Cultural Arts, Stadium and Convention Districts
structures; and expend moneys for investigations, planning,
operations, and maintenance necessary for such participation.
The cost of any such acquisition, condemnation, construction, improvement, maintenance, equipping, investigations, planning, operation, or maintenance necessary for such
participation may be paid for by appropriation of moneys
available therefor, gifts, or wholly or partly from the proceeds of revenue bonds as the governing authority may determine. [1967 c 166 § 3.]
Chapter 67.38
67.30.040
67.30.040 Power to appropriate and raise moneys.
The governing body having power to appropriate moneys
within any county or city for the purpose of purchasing, condemning, leasing or otherwise acquiring property, constructing, improving, maintaining, and equipping buildings or
other structures, and the investigations, planning, operation
or maintenance necessary to participation in any such all-purpose or multipurpose sports stadium, is hereby authorized to
appropriate and cause to be raised by taxation or otherwise
moneys sufficient to carry out such purpose. [1967 c 166 §
5.]
67.30.050
67.30.050 Powers additional and supplemental to
other laws. The powers and authority conferred upon counties and cities under the provisions of this chapter, shall be
construed as in addition and supplemental to powers or
authority conferred by any other law, and nothing contained
herein shall be construed as limiting any other such powers or
authority. [1967 c 166 § 6.]
67.30.900
67.30.900 Severability—1967 c 166. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1967 c 166 § 7.]
(2004 Ed.)
Chapter 67.38 RCW
CULTURAL ARTS, STADIUM AND
CONVENTION DISTRICTS
Sections
67.38.010
67.38.020
67.38.030
67.38.040
67.38.050
67.38.060
67.38.070
67.30.030
67.30.030 Issuance of revenue bonds—Limitations—
Retirement. Any revenue bonds to be issued by any county
or city pursuant to the provisions of this chapter, shall be
authorized and issued in the manner prescribed by the laws of
this state for the issuance and authorization of bonds thereof
for public purposes generally: PROVIDED, That the bonds
shall not be issued for a period beyond the life of the
improvement to be acquired by the use of the bonds.
The bonding authority authorized for the purposes of this
chapter shall be limited to the issuance of revenue bonds payable from a special fund or funds created solely from revenues derived from the facility. The owners and holders of
such bonds shall have a lien and charge against the gross revenue of the facility. Such revenue bonds and the interest
thereon against such fund or funds shall be a valid claim of
the holders thereof only as against such fund or funds and the
revenue pledged therefor, and shall not constitute a general
indebtedness of the municipality. The governing authority of
any county or city may by ordinance take such action as may
be necessary and incidental to the issuance of such bonds and
the retirement thereof. The provisions of chapter 36.67 RCW
not inconsistent with this chapter shall apply to the issuance
and retirement of any such revenue bonds. [1967 c 166 § 4.]
67.38.030
67.38.080
67.38.090
67.38.100
67.38.110
67.38.115
67.38.120
67.38.130
67.38.140
67.38.150
67.38.160
67.38.900
67.38.905
Purpose.
Definitions.
Cultural arts, stadium and convention district—Creation.
Multicounty district—Creation.
Governing body.
Comprehensive plan—Development—Elements.
Comprehensive plan—Review—Approval or disapproval—
Resubmission.
Annexation election.
District as quasi municipal corporation—General powers.
Additional powers.
Issuance of general obligation bonds—Maturity—Excess levies.
Community revitalization financing—Public improvements.
Revenue bonds—Issuance, sale, term, payment.
Cultural arts, stadium and convention district tax levies.
Contribution of sums for limited purposes.
Treasurer and auditor—Bond—Duties—Funds—Depositaries.
Dissolution and liquidation.
Captions not law—1982 1st ex.s. c 22.
Severability—1982 1st ex.s. c 22.
67.38.010
67.38.010 Purpose. The legislature finds that expansion of a cultural tourism would attract new visitors to our
state and aid the development of a nonpolluting industry. The
creation or renovation, and operation of cultural arts, stadium
and convention facilities benefiting all the citizens of this
state would enhance the recreational industry's ability to
attract such new visitors. The additional income and employment resulting therefrom would strengthen the economic
base of the state.
It is declared that the construction, modification, renovation, and operation of facilities for cultural arts, stadium and
convention uses will enhance the progress and economic
growth of this state. The continued growth and development
of this recreational industry provides for the general welfare
and is an appropriate matter of concern to the people of the
state of Washington. [1982 1st ex.s. c 22 § 1.]
67.38.020
67.38.020 Definitions. Unless the context clearly indicates otherwise, for the purposes of this chapter the following
definitions shall apply:
(1) "Cultural arts, stadium and convention district," or
"district," means a quasi municipal corporation of the state of
Washington created pursuant to this chapter.
(2) "Component city" means an incorporated city within
a public cultural arts, stadium and convention benefit area.
(3) "City" means any city or town.
(4) "City council" means the legislative body of any city.
(5) "Municipality" means a port district, public school
district or community college district. [1982 1st ex.s. c 22 §
2.]
67.38.030
67.38.030 Cultural arts, stadium and convention district—Creation. (1) The process to create a cultural arts,
stadium and convention district may be initiated by:
(a) The adoption of a resolution by the county legislative
authority calling for a public hearing on the proposed creation of such a district and delineating proposed boundaries
of the district; or
[Title 67 RCW—page 31]
67.38.040
Title 67 RCW: Sports and Recreation—Convention Facilities
(b) The governing bodies of two or more cities located
within the same county adopting resolutions calling for a
public hearing on the proposed creation of such a district and
delineating proposed boundaries of such a district: PROVIDED, That this method may not be used more frequently
than once in any twelve month period in the same county; or
(c) The filing of a petition with the county legislative
authority, calling for a public hearing on the proposed creation of such a district and delineating proposed boundaries
of the district, that is signed by at least ten percent of the registered voters residing in the proposed district at the last general election. Such signatures will be certified by the county
auditor or the county elections department.
(2) Within sixty days of the adoption of such resolutions,
or presentation of such a petition, the county legislative
authority shall hold a public hearing on the proposed creation
of such a district. Notice of the hearing shall be published at
least once a week for three consecutive weeks in one or more
newspapers of general circulation within the proposed
boundaries of the district. The notice shall include a general
description and map of the proposed boundaries. Additional
notice shall also be mailed to the governing body of each city
and municipality located all or partially within the proposed
district. At such hearing, or any continuation thereof, any
interested party may appear and be heard on the formation of
the proposed district.
The county legislative authority shall delete the area
included within the boundaries of a city from the proposed
district if prior to the public hearing the city submits to the
county legislative authority a copy of an adopted resolution
requesting its deletion from the proposed district. The county
legislative authority may delete any other areas from the proposed boundaries. Additional territory may be included
within the proposed boundaries, but only if such inclusion is
subject to a subsequent hearing, with notice provided in the
same manner as for the original hearing.
(3) A proposition to create a cultural arts, stadium and
convention district shall be submitted to the voters of the proposed district within two years of the adoption of a resolution
providing for such submittal by the county legislative authority at the conclusion of such hearings. The resolution shall
establish the boundaries of the district and include a finding
that the creation of the district is in the public interest and that
the area included within the district can reasonably be
expected to benefit from its creation. No portion of a city
may be included in such a district unless the entire city is
included. The boundaries of such a district shall follow
school district or community college boundaries in as far as
practicable.
(4) The proposition to create a cultural arts, stadium and
convention district shall be submitted to the voters of the proposed district at the next general election held sixty or more
days after the adoption of the resolution. The district shall be
created upon approval of the proposition by simple majority
vote. The ballot proposition submitted to the voters shall be
in substantially the following form:
[Title 67 RCW—page 32]
FORMATION OF CULTURAL ARTS,
STADIUM AND CONVENTION
DISTRICT . . . . . .
Shall a cultural arts, stadium and convention district be established for the area described in a resolution of the legislative
authority of . . . . . . county, adopted on the . . . . day of
. . . . . ., 19. . .?
[1982 1st ex.s. c 22 § 3.]
67.38.040
67.38.040 Multicounty district—Creation. A joint
hearing by the legislative authorities of two or more counties
on the proposed creation of a cultural arts, stadium and convention district including areas within such counties may be
held as provided herein:
(1) The process to initiate such a hearing shall be identical with the process provided in RCW 67.38.030(1), except a
resolution of all the legislative authorities of each county
with territory proposed to be included shall be necessary.
(2) No territory may be added to or deleted from such a
proposed district, except by action of the county legislative
authority of the county within whose boundaries the territory
lies pursuant to the process provided in RCW 67.38.030.
(3) The resolutions shall each contain identical provisions concerning the governing body, as delineated in RCW
67.38.050. [1982 1st ex.s. c 22 § 4.]
67.38.050
67.38.050 Governing body. The number of persons on
the governing body of the district and how such persons shall
be selected and replaced shall be included in the resolution of
the county legislative authority providing for the submittal of
the proposition to create the district to the voters. Members of
the governing body may only consist of a combination of city
council members or mayors of the city or cities included
within the district, members of the county legislative authority, the county executive of a county operating under a home
rule charter, elected members of the governing bodies of
municipalities located within the district, and members of the
board of regents of a community college district. No governing body may consist of more than nine members. The resolution may also provide for additional, ex officio, nonvoting
members consisting of elected officials or appointed officials
from the counties, cities, or municipalities which are located
all or partially within the boundaries of such a district and
who [which] do not have elected or appointed officials sitting
on the governing body.
Any member of the governing body, or any ex officio
member, who is not an elective official whose office is a fulltime position may be reimbursed for reasonable expenses
actually incurred in attending meetings or engaging in other
district business as provided in RCW 42.24.090. [1982 1st
ex.s. c 22 § 5.]
67.38.060
67.38.060 Comprehensive plan—Development—Elements. The cultural arts, stadium and convention district, as
authorized in this chapter, shall develop a comprehensive cultural arts, stadium and convention plan for the district. Such
plan shall include, but not be limited to the following elements:
(2004 Ed.)
Cultural Arts, Stadium and Convention Districts
(1) The levels of cultural arts, stadium and convention
services that can be reasonably provided for various portions
of the district.
(2) The funding requirements, including local tax
sources or federal funds, necessary to provide various levels
of service within the district.
(3) The impact of such a service on other cultural arts,
stadium and convention systems operating within that county
or adjacent counties. [1982 1st ex.s. c 22 § 6.]
67.38.070
67.38.070 Comprehensive plan—Review—Approval
or disapproval—Resubmission. The comprehensive cultural arts, stadium and convention plan adopted by the district
shall be reviewed by the department of community, trade,
and economic development to determine:
(1) Whether the plan will enhance the progress of the
state and provide for the general welfare of the population;
and
(2) Whether such plan is eligible for matching federal
funds.
After reviewing the comprehensive cultural arts, stadium
and convention plan, the department of community, trade,
and economic development shall have sixty days in which to
approve such plan and to certify to the state treasurer that
such district shall be eligible to receive funds. To be
approved a plan shall provide for coordinated cultural arts,
stadium and convention planning, and be consistent with the
public cultural arts, stadium and convention coordination criteria in a manner prescribed by chapter 35.60 RCW. In the
event such comprehensive plan is disapproved and ruled ineligible to receive funds, the department of community, trade,
and economic development shall provide written notice to the
district within thirty days as to the reasons for such plan's disapproval and such ineligibility. The district may resubmit
such plan upon reconsideration and correction of such deficiencies cited in such notice of disapproval. [1995 c 399 §
167; 1985 c 6 § 22; 1982 1st ex.s. c 22 § 7.]
67.38.080
67.38.080 Annexation election. An election to authorize the annexation of contiguous territory to a cultural arts,
stadium and convention district may be submitted to the voters of the area proposed to be annexed upon the passage of a
resolution of the governing body of the district. Approval by
simple majority vote shall authorize such annexation. [1982
1st ex.s. c 22 § 8.]
67.38.090
67.38.090 District as quasi municipal corporation—
General powers. A cultural arts, stadium and convention
district is a quasi municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1,
of the state Constitution, and a "taxing district" within the
meaning of Article VII, section 2, of the state Constitution. A
district shall constitute a body corporate and shall possess all
the usual powers of a corporation for public purpose. In addition to the powers specifically granted by this chapter, a district shall have all powers which are necessary to carry out
the purposes of this chapter. A cultural arts, stadium and convention district may contract with the United States or any
agency thereof, any state or agency thereof, any other cultural
arts, stadium and convention district, any county, city, metro(2004 Ed.)
67.38.110
politan municipal corporation, special district, or governmental agency, within or without the state, and any private person, firm or corporation for the purpose of receiving gifts or
grants or securing loans or advances for preliminary planning
and feasibility studies, or for the design, construction or renovation or operation of cultural arts, stadium and convention
facilities. In addition, a district may contract with any governmental agency or with any private person, firm or corporation for the use by either contracting party of all or any part
of the facilities, structures, lands, interests in lands, air rights
over lands and rights of way of all kinds which are owned,
leased or held by the other party and for the purpose of planning, constructing or operating any facility or performing any
service which the cultural arts, stadium and convention district may be authorized to operate or perform, on such terms
as may be agreed upon by the contracting parties. Before any
contract for the lease or operation of any cultural arts, stadium and convention district facilities shall be let to any private person, firm or corporation, competitive bids shall be
called upon such notice, bidder qualifications and bid conditions as the district shall determine.
A district may sue and be sued in its corporate capacity
in all courts and in all proceedings. [1982 1st ex.s. c 22 § 9.]
67.38.100
67.38.100 Additional powers. The governing body of
a cultural arts, stadium and convention district shall have the
following powers in addition to the general powers granted
by this chapter:
(1) To prepare, adopt and carry out a general comprehensive plan for cultural arts, stadium and convention service
which will best serve the residents of the district and to
amend said plan from time to time to meet changed conditions and requirements.
(2) To acquire by purchase, gift or grant and to lease,
convey, construct, add to, improve, replace, repair, maintain,
and operate cultural arts, stadium and convention facilities
and properties within the district, including portable and
mobile facilities and parking facilities and properties and
such other facilities and properties as may be necessary for
passenger and vehicular access to and from such facilities and
properties, together with all lands, rights of way, property,
equipment and accessories necessary for such systems and
facilities. Cultural arts, stadium and convention facilities and
properties which are presently owned by any component city,
county or municipality may be acquired or used by the district only with the consent of the legislative authority, council
or governing body of the component city, county or municipality owning such facilities. A component city, county or
municipality is hereby authorized to convey or lease such
facilities to a district or to contract for their joint use on such
terms as may be fixed by agreement between the component
city, county or municipality and the district, without submitting the matter to the voters of such component city, county
or municipality.
(3) To fix rates and charges for the use of such facilities.
[1982 1st ex.s. c 22 § 10.]
67.38.110
67.38.110 Issuance of general obligation bonds—
Maturity—Excess levies. To carry out the purpose of this
chapter, any cultural arts, stadium and convention district
[Title 67 RCW—page 33]
67.38.115
Title 67 RCW: Sports and Recreation—Convention Facilities
shall have the power to issue general obligation bonds for
capital purposes only, not to exceed an amount, together with
any outstanding nonvoter approved general obligation
indebtedness equal to three-eighths of one percent of the
value of taxable property within such district, as the term
"value of taxable property" is defined in RCW 39.36.015. A
cultural arts, stadium and convention district is additionally
authorized to issue general obligation bonds for capital purposes only, together with any outstanding general obligation
indebtedness, not to exceed an amount equal to three-fourths
of one percent of the value of the taxable property within the
district, as the term "value of taxable property" is defined in
RCW 39.36.015, and to provide for the retirement thereof by
excess levies when the voters approve a ballot proposition
providing for both the bond issuance and imposition of such
levies at a special election called for that purpose in the manner prescribed by section 6, Article VIII and section 2, Article
VII of the Constitution and by RCW 84.52.056. Elections
shall be held as provided in RCW 39.36.050. General obligation bonds may not be issued with maturities in excess of
forty years. Such bonds shall be issued and sold in accordance with chapter 39.46 RCW. [1984 c 186 § 57; 1983 c
167 § 169; 1982 1st ex.s. c 22 § 11.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
67.38.115
67.38.115 Community revitalization financing—
Public improvements. In addition to other authority that a
cultural arts, stadium, and convention center district possesses, a cultural arts, stadium, and convention center district
may provide any public improvement as defined under RCW
39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050.
This section does not limit the authority of a cultural arts,
stadium, and convention center district to otherwise participate in the public improvements if that authority exists elsewhere. [2001 c 212 § 20.]
Severability—2001 c 212: See RCW 39.89.902.
67.38.120
67.38.120 Revenue bonds—Issuance, sale, term, payment. (1) To carry out the purposes of this chapter, the cultural arts, stadium and convention district shall have the
power to issue revenue bonds: PROVIDED, That the district
governing body shall create or have created a special fund or
funds for the sole purpose of paying the principal of and
interest on the bonds of each such issue, into which fund or
funds the governing body may obligate the district to pay
such amounts of the gross revenue of all or any part of the
facilities constructed, acquired, improved, repaired or
replaced pursuant to this chapter, as the governing body shall
determine: PROVIDED FURTHER, That the principal of
and interest on such bonds shall be payable only out of such
special fund or funds, and the owners of such bonds shall
have a lien and charge against the gross revenue pledged to
such fund. Such bonds may be in any form, including bearer
bonds or registered bonds as provided in RCW 39.46.030.
[Title 67 RCW—page 34]
The governing body of a district shall have such further
powers and duties in carrying out the purposes of this chapter
as provided in RCW 67.28.160.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 170; 1982 1st ex.s. c 22 § 12.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
67.38.130
67.38.130 Cultural arts, stadium and convention district tax levies. The governing body of a cultural arts, stadium and convention district may levy or cause to levy the
following ad valorem taxes:
(1) Regular ad valorem property tax levies in an amount
equal to twenty-five cents or less per thousand dollars of the
assessed value of property in the district in each year for six
consecutive years when specifically authorized so to do by a
majority of at least three-fifths of the electors thereof approving a proposition authorizing the levies submitted at a general
or special election, at which election the number of persons
voting "yes" on the proposition shall constitute three-fifths of
a number equal to forty percentum of the total votes cast in
such taxing district at the last preceding general election; or
by a majority of at least three-fifths of the electors thereof
voting on the proposition when the number of electors voting
yes on the proposition exceeds forty percentum of the total
votes cast in such taxing district in the last preceding general
election. Ballot propositions shall conform with *RCW
29.30.111.
In the event a cultural arts, stadium and convention district is levying property taxes, which in combination with
property taxes levied by other taxing districts subject to the
one percent limitation provided for in Article VII, section 2,
of our state Constitution result in taxes in excess of the limitation provided for in RCW 84.52.043, the cultural arts, stadium and convention district property tax levy shall be
reduced or eliminated before the property tax levies of other
taxing districts are reduced: PROVIDED, That no cultural
arts, stadium, and convention district may pledge anticipated
revenues derived from the property tax herein authorized as
security for payments of bonds issued pursuant to subsection
(1) of this section: PROVIDED, FURTHER, That such limitation shall not apply to property taxes approved pursuant to
subsections (2) and (3) of this section.
The limitation in RCW 84.55.010 shall apply to levies
after the first levy authorized under this section following the
approval of such levy by voters pursuant to this section.
(2) An annual excess ad valorem property tax for general
district purposes when authorized by the district voters in the
manner prescribed by section 2, Article VII of the Constitution and by RCW 84.52.052.
(3) Multi-year excess ad valorem property tax levies
used to retire general obligation bond issues when authorized
by the district voters in the manner prescribed by section 2,
Article VII of the Constitution and by RCW 84.52.056.
The district shall include in its regular property tax levy
for each year a sum sufficient to pay the interest and principal
on all outstanding general obligation bonds issued without
voter approval pursuant to RCW 67.38.110 and may include
a sum sufficient to create a sinking fund for the redemption of
(2004 Ed.)
Convention and Trade Facilities
all outstanding bonds. [1984 c 131 § 4; 1982 1st ex.s. c 22 §
13.]
*Reviser's note: RCW 29.30.111 was recodified as RCW 29A.36.210
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—1984 c 131 §§ 3-9: See note following RCW 29A.36.210.
67.38.140
67.38.140 Contribution of sums for limited purposes.
The county or counties and each component city included in
the district collecting or planning to collect the hotel/motel
tax under chapter 67.28 RCW may contribute such revenue in
such manner as shall be agreed upon between them, consistent with this chapter and chapter 67.28 RCW. [1997 c 452 §
18; 1982 1st ex.s. c 22 § 14.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
67.38.150
67.38.150 Treasurer and auditor—Bond—Duties—
Funds—Depositaries. Unless the cultural arts, stadium and
convention district governing body, by resolution, designates
some other person having experience in financial or fiscal
matters as treasurer of the district, the treasurer of the county
in which a cultural arts, stadium and convention district is
located shall be ex officio treasurer of the district: PROVIDED, That in the case of a multicounty cultural arts, stadium and convention district, the county treasurer of the
county with the greatest amount of area within the district
shall be the ex officio treasurer of the district. The district
may, and if the treasurer is not a county treasurer shall,
require a bond for such treasurer with a surety company
authorized to do business in the state of Washington, in an
amount and under the terms and conditions as agreed to by
the district, by resolution, in such amount from time to time
which will protect the authority against loss. The premium on
any such bond shall be paid by the authority.
All district funds shall be paid to the treasurer and shall
be disbursed by the treasurer only on warrants issued by an
auditor appointed by the district, upon orders or vouchers
approved by the governing body. The treasurer shall establish
a "cultural arts, stadium and convention fund," into which
shall be paid district funds as provided in RCW 67.38.140
and the treasurer shall maintain such special funds as may be
created by the governing body into which said treasurer shall
place all moneys as the governing body may, by resolution,
direct.
If the treasurer of the district is a treasurer of the county,
all district funds shall be deposited with the county depositary under the same restrictions, contracts, and security as
provided for county depositaries; the county auditor of such
county shall keep the records of the receipts and disbursements, and shall draw, and such county treasurer shall honor
and pay all warrants, which shall be approved before issuance
and payment as directed by the district. [1982 1st ex.s. c 22 §
15.]
67.38.160
67.38.160 Dissolution and liquidation. A cultural arts,
stadium and convention district established in accordance
with this chapter shall be dissolved and its affairs liquidated
by either of the following methods:
(2004 Ed.)
Chapter 67.40
(1) When so directed by a majority of persons in the district voting on such question. An election placing such question before the voters may be called in the following manner:
(a) By resolution of the cultural arts, stadium and convention district governing authority;
(b) By resolution of the county legislative body or bodies
with the concurrence therein by resolution of the city council
of a component city; or
(c) By petition calling for such election signed by at least
ten percent of the qualified voters residing within the district
filed with the auditor of the county wherein the largest portion of the district is located. The auditor shall examine the
same and certify to the sufficiency of the signatures thereon:
PROVIDED, That to be validated, signatures must have been
collected within a ninety-day period as designated by the
petition sponsors.
With dissolution of the district, any outstanding obligations and bonded indebtedness of the district shall be satisfied
or allocated by mutual agreement to the county or counties
and component cities of the cultural arts, stadium and convention district.
(2) By submission of a petition signed by at least twothirds of the legislative bodies who have representatives on
the district governing body for an order of dissolution to the
superior court of a county of the district. All of the signatures
must have been collected within one hundred twenty days of
the date of submission to the court. The procedures for dissolution provided in RCW 53.48.030 through 53.48.120 shall
apply, except that the balance of any assets, after payment of
all costs and expenses, shall be divided among the county or
counties and component cities of the district on a per capita
basis. Any duties to be performed by a county official pursuant to RCW 53.48.030 through 53.48.120 shall be performed
by the relevant official of the county in which the petition for
dissolution is filed. [1999 c 254 § 1; 1982 1st ex.s. c 22 § 16.]
67.38.900
67.38.900 Captions not law—1982 1st ex.s. c 22. Section captions as used in this amendatory act shall not be construed as and do not constitute any part of the law. [1982 1st
ex.s. c 22 § 19.]
67.38.905
67.38.905 Severability—1982 1st ex.s. c 22. If any
provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not affected. [1982 1st ex.s. c 22 § 21.]
Chapter 67.40 RCW
CONVENTION AND TRADE FACILITIES
Chapter 67.40
Sections
67.40.010
67.40.020
67.40.025
67.40.027
67.40.030
67.40.040
Legislative finding.
State convention and trade center—Public nonprofit corporation authorized—Board of directors—Powers and duties.
State convention and trade center operations account—Operating revenues—Expenditures.
Compensation and travel expenses of board members.
General obligation bonds—Authorized—Appropriation
required.
Deposit of proceeds in state convention and trade center
account and appropriate subaccounts—Credit against future
borrowings—Use.
[Title 67 RCW—page 35]
67.40.010
67.40.045
67.40.050
67.40.055
67.40.060
67.40.070
67.40.080
67.40.090
67.40.100
67.40.105
67.40.110
67.40.120
67.40.130
67.40.140
67.40.150
67.40.160
67.40.170
67.40.180
67.40.190
67.40.900
67.40.901
Title 67 RCW: Sports and Recreation—Convention Facilities
Authorization to borrow from state treasury for project completion costs—Limits—"Project completion" defined—Legislative intent—Application.
Administration of proceeds.
Transfer of funds to account—Repayment of borrowed funds
with interest.
Retirement of bonds from nondebt-limit proprietary appropriated bond retirement account—Transfer from accounts—
Pledge and promise—Remedies of bondholders.
Legislature may provide additional means for payment of
bonds.
Bonds legal investment for public funds.
Lodging tax imposed in King county—Rates—Proceeds.
Limitation on license fees and taxes on hotels, motels, rooming houses, trailer camps, etc.
Exemption from tax—Emergency lodging for homeless persons—Conditions.
Use of revenues from convention and trade center facilities
excise tax by cities for professional sports franchise facilities
limited.
Contracts for marketing facility and services.
Convention and trade facilities—Tax on transient lodging
authorized—Rates.
Convention and trade facilities—Remittance of tax—Credit.
Convention and trade facilities—Contract of administration
and collection to department of revenue—Disposition of
tax—Procedure.
Convention and trade facilities—Tax on construction—Disposition.
Convention and trade facilities—Use of collected taxes.
Convention and trade facilities—Use of funds—Acceptance
by board of directors of funding commitment.
Convention and trade facilities—Use of funds—Encumbered
revenue.
Severability—1982 c 34.
Severability—1988 ex.s. c 1.
Tax changes: RCW 82.14.055.
Tax rate calculation errors: RCW 82.32.430.
67.40.010
67.40.010 Legislative finding. The legislature finds
and declares as the express purpose of this chapter:
(1) The convention and trade show business will provide
both direct and indirect civic and economic benefits to the
people of the state of Washington.
(2) The location of a state convention and trade center in
the city of Seattle will particularly benefit and increase the
occupancy of larger hotels and other lodging facilities in the
city of Seattle and to a lesser extent in King county.
(3) Imposing a special excise tax on the price of lodging
in Seattle, and at a lower rate elsewhere in King county, is an
appropriate method of paying for a substantial part of the cost
of constructing, maintaining, and operating a state convention and trade center. [1983 2nd ex.s. c 1 § 1; 1982 c 34 § 1.]
67.40.020
67.40.020 State convention and trade center—Public
nonprofit corporation authorized—Board of directors—
Powers and duties. (1) The governor is authorized to form a
public nonprofit corporation in the same manner as a private
nonprofit corporation is formed under chapter 24.03 RCW.
The public corporation shall be an instrumentality of the state
and have all the powers and be subject to the same restrictions as are permitted or prescribed to private nonprofit corporations, but shall exercise those powers only for carrying
out the purposes of this chapter and those purposes necessarily implied therefrom. The governor shall appoint a board of
nine directors for the corporation who shall serve terms of six
years, except that two of the original directors shall serve for
two years and two of the original directors shall serve for four
years. After January 1, 1991, at least one position on the
board shall be filled by a member representing management
[Title 67 RCW—page 36]
in the hotel or motel industry subject to taxation under RCW
67.40.090. The directors may provide for the payment of
their expenses. The corporation may acquire, construct,
expand, and improve the state convention and trade center
within the city of Seattle. Notwithstanding the provisions of
subsection (2) of this section, the corporation may acquire,
lease, sell, or otherwise encumber property rights, including
but not limited to development or condominium rights,
deemed by the corporation as necessary for facility expansion.
(2) The corporation may acquire and transfer real and
personal property by lease, sublease, purchase, or sale, and
further acquire property by condemnation of privately owned
property or rights to and interests in such property pursuant to
the procedure in chapter 8.04 RCW. However, acquisitions
and transfers of real property, other than by lease, may be
made only if the acquisition or transfer is approved by the
director of financial management in consultation with the
chairpersons of the appropriate fiscal committees of the senate and house of representatives. The corporation may accept
gifts or grants, request the financing provided for in RCW
67.40.030, cause the state convention and trade center facilities to be constructed, and do whatever is necessary or appropriate to carry out those purposes. Upon approval by the
director of financial management in consultation with the
chairpersons of the appropriate fiscal committees of the
house of representatives and the senate, the corporation may
enter into lease and sublease contracts for a term exceeding
the fiscal period in which these lease and sublease contracts
are made. The terms of sale or lease of properties acquired by
the corporation on February 9, 1987, pursuant to the property
purchase and settlement agreement entered into by the corporation on June 12, 1986, including the McKay parcel which
the corporation is contractually obligated to sell under that
agreement, shall also be subject to the approval of the director of financial management in consultation with the chairpersons of the appropriate fiscal committees of the house of
representatives and the senate. No approval by the director of
financial management is required for leases of individual
retail space, meeting rooms, or convention-related facilities.
In order to allow the corporation flexibility to secure appropriate insurance by negotiation, the corporation is exempt
from RCW 48.30.270. The corporation shall maintain, operate, promote, and manage the state convention and trade center.
(3) In order to allow the corporation flexibility in its personnel policies, the corporation is exempt from chapter 41.06
RCW, chapter 41.05 RCW, RCW 43.01.040 through
43.01.044, chapter 41.04 RCW and chapter 41.40 RCW.
[1995 c 386 § 12; 1993 c 500 § 9; 1988 ex.s. c 1 § 1; 1987 1st
ex.s. c 8 § 2; 1984 c 210 § 1; 1983 2nd ex.s. c 1 § 2; 1982 c
34 § 2.]
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
Severability—1987 1st ex.s. c 8: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 1st ex.s. c 8 § 17.]
(2004 Ed.)
Convention and Trade Facilities
Savings—1984 c 210: "This act shall not terminate or modify any right
acquired under a contract of employment in existence prior to March 27,
1984." [1984 c 210 § 7.]
Severability—1984 c 210: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 210 § 8.]
67.40.025
67.40.025 State convention and trade center operations account—Operating revenues—Expenditures. All
operating revenues received by the corporation formed under
RCW 67.40.020 shall be deposited in the state convention
and trade center operations account, hereby created in the
state treasury. Moneys in the account, including unanticipated revenues under RCW 43.79.270, may be spent only
after appropriation by statute, and may be used only for operation and promotion of the center.
Subject to approval by the office of financial management under RCW 43.88.260, the corporation may expend
moneys for operational purposes in excess of the balance in
the account, to the extent the corporation receives or will
receive additional operating revenues.
As used in this section, "operating revenues" does not
include any moneys required to be deposited in the state convention and trade center account. [1988 ex.s. c 1 § 2; 1987
1st ex.s. c 8 § 3; 1985 c 233 § 2.]
Severability—1987 1st ex.s. c 8: See note following RCW 67.40.020.
67.40.027
67.40.027 Compensation and travel expenses of
board members. Members of the board shall be compensated in accordance with RCW 43.03.250 and shall be reimbursed for travel expenses under RCW 43.03.050 and
43.03.060. [1985 c 233 § 3.]
Reimbursement for out-of-state travel expenses incurred by employees of
state convention and trade center: RCW 43.03.062.
67.40.030
67.40.030 General obligation bonds—Authorized—
Appropriation required. For the purpose of providing
funds for the state convention and trade center, the state
finance committee is authorized to issue, upon request of the
corporation formed under RCW 67.40.020 and in one or
more offerings, general obligation bonds of the state of
Washington in the sum of one hundred sixty million, seven
hundred sixty-five thousand dollars, or so much thereof as
may be required, to finance this project and all costs incidental thereto, to capitalize all or a portion of interest during construction, to provide for expansion, renovation, exterior
cleanup and repair of the Eagles building, conversion of various retail and other space to meeting rooms, and contingency
costs of the center, purchase of the McKay Parcel as defined
in the property and purchase agreement entered into by the
corporation on June 12, 1986, development of low-income
housing and to reimburse the general fund for expenditures in
support of the project. The state finance committee may make
such bond covenants as it deems necessary to carry out the
purposes of this section and this chapter. No bonds authorized in this section may be offered for sale without prior legislative appropriation. [1990 c 181 § 1; 1988 ex.s. c 1 § 3;
1987 1st ex.s. c 3 § 12; 1985 c 233 § 1; 1983 2nd ex.s. c 1 §
3; 1982 c 34 § 3.]
Severability—1987 1st ex.s. c 3: See RCW 43.99G.901.
(2004 Ed.)
67.40.040
67.40.040
67.40.040 Deposit of proceeds in state convention and
trade center account and appropriate subaccounts—
Credit against future borrowings—Use. (1) The proceeds
from the sale of the bonds authorized in RCW 67.40.030,
proceeds of the taxes imposed under RCW 67.40.090 and
67.40.130, and all other moneys received by the state convention and trade center from any public or private source which
are intended to fund the acquisition, design, construction,
expansion, exterior cleanup and repair of the Eagles building,
conversion of various retail and other space to meeting
rooms, purchase of the land and building known as the
McKay Parcel, development of low-income housing, or renovation of the center, and those expenditures authorized
under RCW 67.40.170 shall be deposited in the state convention and trade center account hereby created in the state treasury and in such subaccounts as are deemed appropriate by
the directors of the corporation.
(2) Moneys in the account, including unanticipated revenues under RCW 43.79.270, shall be used exclusively for the
following purposes in the following priority:
(a) For reimbursement of the state general fund under
RCW 67.40.060;
(b) After appropriation by statute:
(i) For payment of expenses incurred in the issuance and
sale of the bonds issued under RCW 67.40.030;
(ii) For expenditures authorized in RCW 67.40.170;
(iii) For acquisition, design, and construction of the state
convention and trade center; and
(iv) For reimbursement of any expenditures from the
state general fund in support of the state convention and trade
center; and
(c) For transfer to the state convention and trade center
operations account.
(3) The corporation shall identify with specificity those
facilities of the state convention and trade center that are to be
financed with proceeds of general obligation bonds, the interest on which is intended to be excluded from gross income
for federal income tax purposes. The corporation shall not
permit the extent or manner of private business use of those
bond-financed facilities to be inconsistent with treatment of
such bonds as governmental bonds under applicable provisions of the Internal Revenue Code of 1986, as amended.
(4) In order to ensure consistent treatment of bonds
authorized under RCW 67.40.030 with applicable provisions
of the Internal Revenue Code of 1986, as amended, and notwithstanding RCW 43.84.092, investment earnings on bond
proceeds deposited in the state convention and trade center
account in the state treasury shall be retained in the account,
and shall be expended by the corporation for the purposes
authorized under chapter 386, Laws of 1995 and in a manner
consistent with applicable provisions of the Internal Revenue
Code of 1986, as amended.
(5) During the 2003-2005 fiscal biennium, the legislature
may transfer from the state convention and trade center
account to the state general fund such amounts as reflect the
excess fund balance of the account. [2003 1st sp.s. c 25 §
929; 1995 c 386 § 13; 1991 sp.s. c 13 § 11; 1990 c 181 § 2;
1988 ex.s. c 1 § 4; 1987 1st ex.s. c 8 § 4; 1985 c 57 § 66; 1983
2nd ex.s. c 1 § 4; 1982 c 34 § 4.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
[Title 67 RCW—page 37]
67.40.045
Title 67 RCW: Sports and Recreation—Convention Facilities
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1987 1st ex.s. c 8: See note following RCW 67.40.020.
Effective date—1985 c 57: See note following RCW 18.04.105.
67.40.045
67.40.045 Authorization to borrow from state treasury for project completion costs—Limits—"Project
completion" defined—Legislative intent—Application.
(1) The director of financial management, in consultation
with the chairpersons of the appropriate fiscal committees of
the senate and house of representatives, may authorize temporary borrowing from the state treasury for the purpose of
covering cash deficiencies in the state convention and trade
center account resulting from project completion costs. Subject to the conditions and limitations provided in this section,
lines of credit may be authorized at times and in amounts as
the director of financial management determines are advisable to meet current and/ or anticipated cash deficiencies.
Each authorization shall distinctly specify the maximum
amount of cash deficiency which may be incurred and the
maximum time period during which the cash deficiency may
continue. The total amount of borrowing outstanding at any
time shall never exceed the lesser of:
(a) $58,275,000; or
(b) An amount, as determined by the director of financial
management from time to time, which is necessary to provide
for payment of project completion costs.
(2) Unless the due date under this subsection is extended
by statute, all amounts borrowed under the authority of this
section shall be repaid to the state treasury by June 30, 1999,
together with interest at a rate determined by the state treasurer to be equivalent to the return on investments of the state
treasury during the period the amounts are borrowed. Borrowing may be authorized from any excess balances in the
state treasury, except the agricultural permanent fund, the
Millersylvania park permanent fund, the state university permanent fund, the normal school permanent fund, the permanent common school fund, and the scientific permanent fund.
(3) As used in this section, "project completion" means:
(a) All remaining development, construction, and administrative costs related to completion of the convention center;
and
(b) Costs of the McKay building demolition, Eagles
building rehabilitation, development of low-income housing,
and construction of rentable retail space and an operable
parking garage.
(4) It is the intent of the legislature that project completion costs be paid ultimately from the following sources:
(a) $29,250,000 to be received by the corporation under
an agreement and settlement with Industrial Indemnity Co.;
(b) $1,070,000 to be received by the corporation as a
contribution from the city of Seattle;
(c) $20,000,000 from additional general obligation
bonds to be repaid from the special excise tax under RCW
67.40.090;
(d) $4,765,000 for contingencies and project reserves
from additional general obligation bonds to be repaid from
the special excise tax under RCW 67.40.090;
[Title 67 RCW—page 38]
(e) $13,000,000 for conversion of various retail and
other space to meeting rooms, from additional general obligation bonds to be repaid from the special excise tax under
RCW 67.40.090;
(f) $13,300,000 for expansion at the 900 level of the
facility, from additional general obligation bonds to be repaid
from the special excise tax under RCW 67.40.090;
(g) $10,400,000 for purchase of the land and building
known as the McKay Parcel, for development of low-income
housing, for development, construction, and administrative
costs related to completion of the state convention and trade
center, including settlement costs related to construction litigation, and for partially refunding obligations under the parking garage revenue note issued by the corporation to Industrial Indemnity Company in connection with the agreement
and settlement identified in (a) of this subsection, from additional general obligation bonds to be repaid from the special
excise tax under RCW 67.40.090. All proceeds from any sale
of the McKay parcel shall be deposited in the state convention and trade center account and shall not be expended without appropriation by law;
(h) $300,000 for Eagles building exterior cleanup and
repair, from additional general obligation bonds to be repaid
from the special excise tax under RCW 67.40.090; and
(i) The proceeds of the sale of any properties owned by
the state convention and trade center that are not planned for
use for state convention and trade center operations, with the
proceeds to be used for development, construction, and
administrative costs related to completion of the state convention and trade center, including settlement costs related to
construction litigation.
(5) The borrowing authority provided in this section is in
addition to the authority to borrow from the general fund to
meet the bond retirement and interest requirements set forth
in RCW 67.40.060. To the extent the specific conditions and
limitations provided in this section conflict with the general
conditions and limitations provided for temporary cash deficiencies in RCW 43.88.260 (section 7, chapter 502, Laws of
1987), the specific conditions and limitations in this section
shall govern.
(6) For expenditures authorized under RCW 67.40.170,
the corporation may use the proceeds of the special excise tax
authorized under RCW 67.40.090, the sales tax authorized
under RCW 67.40.130, contributions to the corporation from
public or private participants, and investment earnings on any
of the funds listed in this subsection. [1995 c 386 § 14; 1993
sp.s. c 12 § 9; 1992 c 4 § 1; 1991 c 2 § 1; 1990 c 181 § 3; 1988
ex.s. c 1 § 9; 1987 1st ex.s. c 8 § 1.]
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
Severability—1993 sp.s. c 12: See RCW 43.99J.900.
Severability—1991 c 2: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1991 c 2 § 5.]
67.40.050
67.40.050 Administration of proceeds. The moneys
deposited pursuant to RCW 67.40.040 in the state convention
and trade center account of the general fund shall be administered by the corporation formed under RCW 67.40.020, subject to legislative appropriation. [1982 c 34 § 5.]
(2004 Ed.)
Convention and Trade Facilities
67.40.055
67.40.055 Transfer of funds to account—Repayment
of borrowed funds with interest. The state treasurer shall
from time to time transfer from the state general fund, or such
other funds as the state treasurer deems appropriate, to the
state convention and trade center operations account such
amounts as are necessary to fund appropriations from the
account, other than, after August 31, 1988, for appropriations for the purpose of marketing the facilities or services of
the state convention and trade center. All amounts borrowed
under the authority of this section shall be repaid to the
appropriate fund, together with interest at a rate determined
by the state treasurer to be equivalent to the return on investments of the state treasury during the period the amounts are
borrowed. [1988 ex.s. c 1 § 5; 1987 1st ex.s. c 8 § 11.]
67.40.090
Severability—1987 1st ex.s. c 8: See note following RCW 67.40.020.
67.40.070
67.40.070 Legislature may provide additional means
for payment of bonds. The legislature may increase the rate
of tax imposed in RCW 67.40.090 (1) and (2) or may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
67.40.030, and RCW 67.40.060 shall not be deemed to provide an exclusive method for the payment. [1982 c 34 § 7.]
67.40.080
67.40.080 Bonds legal investment for public funds.
The bonds authorized in RCW 67.40.030 shall be a legal
investment for all state funds or funds under state control and
for all funds of any other public body. [1982 c 34 § 8.]
Severability—1987 1st ex.s. c 8: See note following RCW 67.40.020.
67.40.090
67.40.060
67.40.060 Retirement of bonds from nondebt-limit
proprietary appropriated bond retirement account—
Transfer from accounts—Pledge and promise—Remedies of bondholders. The nondebt-limit proprietary appropriated bond retirement account shall be used for the payment
of the principal of and interest on the bonds authorized in
RCW 67.40.030.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount needed
in the ensuing twelve months to meet the bond retirement and
interest requirements. Not less than thirty days prior to the
date on which any interest or principal and interest payment
is due, the state treasurer shall withdraw from any general
state revenues received in the state treasury and deposit in the
nondebt-limit proprietary appropriated bond retirement
account an amount equal to the amount certified by the state
finance committee to be due on that payment date. On each
date on which any interest or principal and interest is due, the
state treasurer shall cause an identical amount to be paid out
of the state convention and trade center account, or state convention and trade center operations account, from the proceeds of the special excise tax imposed under RCW
67.40.090, operating revenues of the state convention and
trade center, and bond proceeds and earnings on the investment of bond proceeds, for deposit in the general fund of the
state treasury. Any deficiency in such transfer shall be made
up as soon as special excise taxes are available for transfer
and shall constitute a continuing obligation of the state convention and trade center account until all deficiencies are
fully paid.
Bonds issued under RCW 67.40.030 shall state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1997 c 456 §
25; 1987 1st ex.s. c 8 § 5; 1983 2nd ex.s. c 1 § 5; 1982 c 34 §
6.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
(2004 Ed.)
67.40.090 Lodging tax imposed in King county—
Rates—Proceeds. (1) Commencing April 1, 1982, there is
imposed, and the department of revenue shall collect, in King
county a special excise tax on the sale of or charge made for
the furnishing of lodging that is subject to tax under chapter
82.08 RCW, except that no such tax may be levied on any
premises having fewer than sixty lodging units. The legislature on behalf of the state pledges to maintain and continue
this tax until the bonds authorized by this chapter are fully
redeemed, both principal and interest.
(2) The rate of the tax imposed under this section shall be
as provided in this subsection.
(a) From April 1, 1982, through December 31, 1982,
inclusive, the rate shall be three percent in the city of Seattle
and two percent in King county outside the city of Seattle.
(b) From January 1, 1983, through June 30, 1988, inclusive, the rate shall be five percent in the city of Seattle and
two percent in King county outside the city of Seattle.
(c) From July 1, 1988, through December 31, 1992,
inclusive, the rate shall be six percent in the city of Seattle
and two and four-tenths percent in King county outside the
city of Seattle.
(d) From January 1, 1993, and until bonds and all other
borrowings authorized under RCW 67.40.030 are retired, the
rate shall be seven percent in the city of Seattle and two and
eight-tenths percent in King county outside the city of Seattle.
(e) Except as otherwise provided in (d) of this subsection, on and after the change date, the rate shall be six percent
in the city of Seattle and two and four-tenths percent in King
county outside the city of Seattle.
(f) As used in this section, "change date" means the
October 1st next occurring after certification occurs under (g)
of this subsection.
(g) On August 1st of 1998 and of each year thereafter
until certification occurs under this subsection, the state treasurer shall determine whether seventy-one and forty-three
one-hundredths percent of the revenues actually collected
and deposited with the state treasurer for the tax imposed
under this section during the twelve months ending June 30th
of that year, excluding penalties and interest, exceeds the
amount actually paid in debt service during the same period
for bonds issued under RCW 67.40.030 by at least two million dollars. If so, the state treasurer shall so certify to the
department of revenue.
[Title 67 RCW—page 39]
67.40.100
Title 67 RCW: Sports and Recreation—Convention Facilities
for homeless persons for a period of less than thirty consecutive days under a shelter voucher program administered by an
eligible organization.
(2) For the purposes of this exemption, an eligible organization includes only cities, towns, and counties, or their
respective agencies, and groups providing emergency food
and shelter services. [1988 c 61 § 3.]
(3) The proceeds of the special excise tax shall be deposited as provided in this subsection.
(a) Through June 30, 1988, inclusive, all proceeds shall
be deposited in the state convention and trade center account.
(b) From July 1, 1988, through December 31, 1992,
inclusive, eighty-three and thirty-three one-hundredths percent of the proceeds shall be deposited in the state convention
and trade center account. The remainder shall be deposited in
the state convention and trade center operations account.
(c) From January 1, 1993, until the change date, eightyfive and seventy-one-hundredths percent of the proceeds
shall be deposited in the state convention and trade center
account. The remainder shall be deposited in the state convention and trade center operations account.
(d) On and after the change date, eighty-three and thirtythree one-hundredths percent of the proceeds shall be deposited in the state convention and trade center account. The
remainder shall be deposited in the state convention and trade
center operations account.
(4) Chapter 82.32 RCW applies to the tax imposed under
this section. [2002 c 178 § 4; 1995 c 386 § 15; 1991 c 2 § 3;
1988 ex.s. c 1 § 6; 1987 1st ex.s. c 8 § 6; 1982 c 34 § 9.]
67.40.110 Use of revenues from convention and trade
center facilities excise tax by cities for professional sports
franchise facilities limited. No city imposing the tax authorized under chapter 67.28 RCW may use the tax proceeds
directly or indirectly to acquire, construct, operate, or maintain facilities or land intended to be used by a professional
sports franchise if the county within which the city is located
uses the proceeds of its tax imposed under chapter 67.28
RCW to directly or indirectly acquire, construct, operate, or
maintain a facility used by a professional sports franchise.
[1997 c 452 § 19; 1987 1st ex.s. c 8 § 8.]
Retroactive application—Effective date—2002 c 178: See notes following RCW 67.28.180.
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
*Reviser's note: RCW 67.40.100 was amended by 1997 c 452 § 15,
which deleted subsection (2).
Effective date—1988 c 61: See note following RCW 82.08.0299.
67.40.110
Savings—1997 c 452: See note following RCW 67.28.181.
Severability—1987 1st ex.s. c 8: See note following RCW 67.40.020.
Severability—1991 c 2: See note following RCW 67.40.045.
Intent—1988 ex.s. c 1 § 6: "The legislature intends that the additional
revenue generated by the increase in the special excise tax from five to six
percent in the city of Seattle and from two percent to two and four-tenths percent in King county outside the city of Seattle be used for marketing the
facilities and services of the convention center, for promoting the locale as a
convention and visitor destination, and for related activities. Actual use of
these funds shall be determined through biennial appropriation by the legislature." [1988 ex.s. c 1 § 7.]
67.40.120 Contracts for marketing facility and services. The state convention and trade center corporation may
contract with the Seattle-King county convention and visitors
bureau for marketing the convention and trade center facility
and services. [2002 c 182 § 1; 1997 c 452 § 20; 1991 c 336 §
2; 1988 ex.s. c 1 § 8.]
Severability—1987 1st ex.s. c 8: See note following RCW 67.40.020.
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Special excise taxes authorized for public stadium, convention, performing
arts, visual arts, and tourism facilities: Chapter 67.28 RCW.
67.40.120
Savings—1997 c 452: See note following RCW 67.28.181.
Effective date—1991 c 336: See note following RCW 67.28.180.
67.40.100
67.40.100 Limitation on license fees and taxes on
hotels, motels, rooming houses, trailer camps, etc. Except
as provided in chapters 67.28 and 82.14 RCW and RCW
67.28.181, after January 1, 1983, no city, town, or county in
which the tax under RCW 67.40.090 is imposed may impose
a license fee or tax on the act or privilege of engaging in business to furnish lodging by a hotel, rooming house, tourist
court, motel, trailer camp, or similar facilities in excess of the
rate imposed upon other persons engaged in the business of
making sales at retail as that term is defined in chapter 82.04
RCW. [1997 c 452 § 15; 1990 c 242 § 1; 1988 ex.s. c 1 § 25;
1982 c 34 § 10.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
Application—1990 c 242: "This 1990 amendment applies to all proceeds of the tax authorized under RCW 67.40.100(2), regardless of when
levied or collected." [1990 c 242 § 2.]
67.40.105
67.40.105 Exemption from tax—Emergency lodging
for homeless persons—Conditions. (1) The tax levied by
RCW 67.40.090 and the tax authorized under *RCW
67.40.100(2) shall not apply to emergency lodging provided
[Title 67 RCW—page 40]
67.40.130
67.40.130 Convention and trade facilities—Tax on
transient lodging authorized—Rates. (1) The governing
body of a city, while not required by legislative mandate to do
so, may, after July 1, 1995, by resolution or ordinance for the
purposes authorized under RCW 67.40.170 and 67.40.190,
fix and impose a sales tax on the charge for rooms to be used
for lodging by transients in accordance with the terms of
chapter 386, Laws of 1995. Such tax shall be collected from
those persons who are taxable by the state under RCW
67.40.090, but only those taxable persons located within the
boundaries of the city imposing the tax. The rate of such tax
imposed by a city shall be two percent of the charge for
rooms to be used for lodging by transients. Any such tax
imposed under this section shall not be collected prior to January 1, 2000. The tax authorized under this section shall be
levied and collected in the same manner as those taxes authorized under chapter 82.14 RCW. Penalties, receipts, abatements, refunds, and all other similar matters relating to the
tax shall be as provided in chapter 82.08 RCW.
(2) The tax levied under this section shall remain in
effect and not be modified for that period for which the principal and interest obligations of state bonds issued to finance
(2004 Ed.)
Convention and Trade Facilities
the expansion of the state convention and trade center under
RCW 67.40.030 remain outstanding.
(3) As used in this section, the term "city" means a
municipality that has within its boundaries a convention and
trade facility as defined in RCW 67.40.020. [1995 c 386 § 1.]
Severability—1995 c 386: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 386 § 17.]
Effective date—1995 c 386: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 16, 1995]." [1995 c 386 § 18.]
67.40.140
67.40.140 Convention and trade facilities—Remittance of tax—Credit. When remitting sales tax receipts to
the state under RCW 82.14.050, the city treasurer, or its designee, shall at the same time remit the sales taxes collected
under RCW 67.40.130 for the municipality. The sum so collected and paid over on behalf of the municipality shall be
credited against the amount of the tax otherwise due to the
state from those same taxpayers under RCW 82.08.020(1).
[1995 c 386 § 2.]
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
67.40.150
67.40.150 Convention and trade facilities—Contract
of administration and collection to department of revenue—Disposition of tax—Procedure. (1) The cities shall
contract, prior to the effective date of a resolution or ordinance imposing a sales tax under RCW 67.40.130, the administration and collection of the local option sales tax to the
state department of revenue at no cost to the municipality.
The tax authorized by chapter 386, Laws of 1995 which is
collected by the department of revenue shall be deposited by
the state into the account created under RCW 67.40.040 in
the state treasury.
(2) The sales tax authorized under RCW 67.40.130 shall
be due and payable in the same manner as those taxes authorized under RCW 82.14.030. [1995 c 386 § 3.]
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
67.40.160
67.40.160 Convention and trade facilities—Tax on
construction—Disposition. The state sales tax on construction performed under RCW 67.40.170 collected by the
department of revenue under chapter 82.08 RCW shall be
deposited by the state into the account created under RCW
67.40.040 in the state treasury. [1995 c 386 § 4.]
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
67.40.901
section 148, chapter 6, Laws of 1994 sp. sess.; the acquisition, construction, and relocation costs of replacement housing; and the repayment of loans and advances from the state,
including loans authorized previously under this chapter, or
to pay or secure the payment of all or part of the principal of
or interest on any state bonds issued for purposes authorized
under this chapter. [1995 c 386 § 5.]
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
67.40.180
67.40.180 Convention and trade facilities—Use of
funds—Acceptance by board of directors of funding commitment. Upon May 16, 1995, the corporation may proceed
with preliminary design and planning activities, environmental studies, and real estate appraisals for convention center
improvements. No other expenditures may be made in support of the expansion project recommended by the convention center expansion and city facilities task force created
under section 148, chapter 6, Laws of 1994 sp. sess. prior to
acceptance by the board of directors of the corporation of an
irrevocable commitment for funding from public or private
participants consistent with the expansion development study
task force recommendations report dated December 1994.
[1995 c 386 § 6.]
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
67.40.190
67.40.190 Convention and trade facilities—Use of
funds—Encumbered revenue. (1) Moneys received from
any tax imposed under RCW 67.40.130 shall be used for the
purpose of providing funds to the corporation for the costs
associated with paying all or any part of the cost associated
with: The financing, design, acquisition, construction, equipping, operating, maintaining, and reequipping of convention
center facilities; the acquisition, construction, and relocation
costs of replacement housing; and repayment of loans and
advances from the state, including loans authorized previously under this chapter, or to pay or secure the payment of
all or part of the principal of or interest on any state bonds
issued for purposes authorized under this chapter.
(2) If any of the revenue from any local sales tax authorized under RCW 67.40.130 shall have been encumbered or
pledged by the state to secure the payment of any state bonds
as authorized under RCW 67.40.030, then as long as that
agreement or pledge shall be in effect, the legislature shall
not withdraw from the municipality the authority to levy and
collect the tax or the tax credit authorized under RCW
67.40.130 and 67.40.140. [1995 c 386 § 7.]
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
67.40.170
67.40.170 Convention and trade facilities—Use of
collected taxes. All taxes levied and collected under RCW
67.40.130 shall be credited to the state convention and trade
center account in the state treasury and used solely by the corporation formed under RCW 67.40.020 for the purpose of
paying all or any part of the cost associated with: The financing, design, acquisition, construction, equipping, operating,
maintaining, and reequipping of convention center facilities
related to the expansion recommended by the convention
center expansion and city facilities task force created under
(2004 Ed.)
67.40.900
67.40.900 Severability—1982 c 34. If any provision of
this act or its application to any municipality, person, or circumstance is held invalid, the remainder of the act or the
application of the provision to other municipalities, persons,
or circumstances is not affected. [1982 c 34 § 13.]
67.40.901
67.40.901 Severability—1988 ex.s. c 1.
36.100.900.
See RCW
[Title 67 RCW—page 41]
Chapter 67.42
Chapter 67.42
Title 67 RCW: Sports and Recreation—Convention Facilities
Chapter 67.42 RCW
AMUSEMENT RIDES
Sections
67.42.010
67.42.020
67.42.025
67.42.030
67.42.040
67.42.050
67.42.060
67.42.070
67.42.080
67.42.090
67.42.900
67.42.901
Definitions.
Requirements—Operation of amusement ride or structure—
Bungee jumping device inspection.
Inspections and inspectors—Comparable regulation and comparable qualification.
Permit—Application—Decal.
Permit—Duration—Material modification of ride or structure—Bungee jumping device replacement, movement, purchase.
Rules—Orders to cease operation—Administrative proceedings.
Fees.
Penalty.
Counties and municipalities—Supplemental ordinances.
Bungee jumping—Permission.
Severability—1985 c 262.
Effective date—1985 c 262.
67.42.010
67.42.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Amusement structure" means electrical or mechanical devices or combinations of devices operated for revenue
and to provide amusement or entertainment to viewers or
audiences at carnivals, fairs, or amusement parks. "Amusement structure" also means a bungee jumping device regardless of where located. "Amusement structure" does not
include games in which a member of the public must perform
an act, nor concessions at which customers may make purchases.
(2) "Amusement ride" means any vehicle, boat, bungee
jumping device, or other mechanical device moving upon or
within a structure, along cables or rails, through the air by
centrifugal force or otherwise, or across water, that is used to
convey one or more individuals for amusement, entertainment, diversion, or recreation. "Amusement ride" includes,
but is not limited to, devices commonly known as skyrides,
ferris wheels, carousels, parachute towers, tunnels of love,
bungee jumping devices, and roller coasters. "Amusement
ride" does not include: (a) Conveyances for persons in recreational winter sports activities such as ski lifts, ski tows, jbars, t-bars, and similar devices subject to regulation under
*chapter 70.88 RCW; (b) any single-passenger coin-operated
ride that is manually, mechanically, or electrically operated
and customarily placed in a public location and that does not
normally require the supervision or services of an operator;
(c) nonmechanized playground equipment, including but not
limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers,
slides, trampolines, and physical fitness devices; or (d) water
slides.
(3) "Department" means the department of labor and
industries.
(4) "Insurance policy" means an insurance policy written
by an insurer authorized to do business in this state under
Title 48 RCW. [1993 c 203 § 2; 1985 c 262 § 1.]
*Reviser's note: Chapter 70.88 RCW was recodified as chapter 79A.40
RCW pursuant to 1999 c 249 § 1601.
Findings—Intent—1993 c 203: "(1) The legislature finds that:
Bungee jumping is growing in popularity as a new source of entertainment for the citizens of this state;
Individuals have suffered serious injuries in states where the regulation
[Title 67 RCW—page 42]
of this activity was minimal or nonexistent; and
The potential for harm to individuals participating in this activity likely
increases in the absence of state regulation of these activities.
(2) It is the intent of the legislature to require bungee jumping operations to be regulated by the state to the extent necessary to protect the health
and safety of individuals participating in this activity." [1993 c 203 § 1.]
67.42.020 Requirements—Operation of amusement
ride or structure—Bungee jumping device inspection.
Before operating any amusement ride or structure, the owner
or operator shall:
(1) Obtain a permit pursuant to RCW 67.42.030;
(2) Have the amusement ride or structure inspected for
safety at least once annually by an insurer, a person with
whom the insurer has contracted, or a person who meets the
qualifications set by the department and obtain from the
insurer or person a written certificate that the inspection has
been made and that the amusement ride or structure meets the
standards for coverage and is covered by the insurer as
required by subsection (3) of this section. A bungee jumping
device, including, but not limited to, the crane, tower, balloon
or bridge, person lift basket, platforms, bungee cords, end
attachments, anchors, carabiners or locking devices, harnesses, landing devices, and additional ride operation hardware shall be inspected for safety prior to beginning operation and annually by an insurer, a person with whom the
insurer has contracted, or a person authorized by the department to inspect bungee jumping devices. The operator of the
bungee jumping device shall obtain a written certificate
which states that the required inspection has been made and
the bungee jumping device meets the standards for coverage
and is covered by the insurer as required by subsection (3) of
this section;
(3) Have and keep in effect an insurance policy in an
amount not less than one million dollars per occurrence
insuring: (a) The owner or operator; and (b) any municipality
or county on whose property the amusement ride or structure
stands, or any municipality or county which has contracted
with the owner or operator against liability for injury to persons arising out of the use of the amusement ride or structure;
(4) File with the department the inspection certificate
and insurance policy required by this section; and
(5) File with each sponsor, lessor, landowner, or other
person responsible for an amusement structure or ride being
offered for use by the public a certificate stating that the
insurance required by subsection (3) of this section is in
effect. [1993 c 203 § 3; 1986 c 86 § 1; 1985 c 262 § 2.]
67.42.020
Findings—Intent—1993 c 203: See note following RCW 67.42.010.
67.42.025 Inspections and inspectors—Comparable
regulation and comparable qualification. (1) An amusement ride that has been inspected in any state, territory, or
possession of the United States that, in the discretion of the
department, has a level of regulation comparable to this chapter, shall be deemed to meet the inspection requirement of
this chapter.
(2) An amusement ride inspector who is authorized to
inspect amusement rides in any state, territory, or possession
of the United States, who, in the discretion of the department,
has a level of qualifications comparable to those required
under this chapter, shall be deemed qualified to inspect
amusement rides under this chapter. [1986 c 86 § 2.]
67.42.025
(2004 Ed.)
Amusement Rides
67.42.030
67.42.030 Permit—Application—Decal. (1) Application for an operating permit to operate an amusement ride or
structure shall be made on an annual basis by the owner or
operator of the amusement ride or structure. The application
shall be made on forms prescribed by the department and
shall include the certificate required by RCW 67.42.020(2).
(2) The department shall issue a decal with each permit.
The decal shall be affixed on or adjacent to the control panel
of the amusement ride or structure in a location visible to the
patrons of the ride or structure. [1985 c 262 § 3.]
67.42.040
67.42.040 Permit—Duration—Material modification
of ride or structure—Bungee jumping device replacement, movement, purchase. (1) Except as provided in subsection (2) of this section or unless a shorter period is specified by the department, permits issued under RCW 67.42.030
are valid for a one-year period.
(2) If an amusement ride or structure is materially rebuilt
or materially modified so as to change the original action of
the amusement ride or structure, the amusement ride or structure shall be subject to a new inspection under RCW
67.42.020 and the owner or operator shall apply for a new
permit under RCW 67.42.030.
(3) If an amusement ride or structure for which a permit
has been issued pursuant to RCW 67.42.030 is moved and
installed in another place but is not materially rebuilt or materially modified so as to change the original action of the
amusement ride or structure, no new permit is required prior
to the expiration of the permit.
(4) A bungee jumping device or a part of a device,
including, but not limited to, the crane, person lift basket,
mobile crane, balloon or balloon basket, anchor or anchor
attachment structure, or landing device, that is replaced shall
be reinspected by an insurer, a person with whom the insurer
has contracted, or by a person authorized by the department
to inspect bungee jumping devices, and the owner or operator
of the device shall apply for a new permit under RCW
67.42.030.
(5) A bungee jumping operator shall have any bungee
jumping device or structure that is moved and installed in
another location reinspected by an insurer, a person with
whom the insurer has contracted, or a person authorized by
the department to inspect bungee jumping devices before
beginning operation.
(6) Any new operator who purchases an existing bungee
jumping device or structure must have the bungee jumping
device inspected and permitted as required under RCW
67.42.020 before beginning operation. [1993 c 203 § 4; 1985
c 262 § 4.]
Findings—Intent—1993 c 203: See note following RCW 67.42.010.
67.42.901
(2) The department may order in writing the cessation of
the operation of an amusement ride or structure for which no
valid permit is in effect or for which the owner or operator
does not have an insurance policy as required by RCW
67.42.020.
(3) All proceedings relating to permits or orders to cease
operation under this chapter shall be conducted pursuant to
chapter 34.05 RCW. [1985 c 262 § 5.]
67.42.060
67.42.060 Fees. (1) The department may charge a reasonable fee not to exceed ten dollars for each permit issued
under RCW 67.42.030. All fees collected by the department
under this chapter shall be deposited in the state general fund.
This subsection does not apply to permits issued under RCW
67.42.030 to operate a bungee jumping device.
(2) The department may charge a reasonable fee not to
exceed one hundred dollars for each permit issued under
RCW 67.42.030 to operate a bungee jumping device. Fees
collected under this subsection shall be deposited in the state
general fund for appropriation for the permitting and inspection of bungee jumping devices under this chapter. [1993 c
203 § 5; 1985 c 262 § 6.]
Findings—Intent—1993 c 203: See note following RCW 67.42.010.
67.42.070
67.42.070 Penalty. Any person who operates an amusement ride or structure without complying with the requirements of this chapter is guilty of a gross misdemeanor. [1985
c 262 § 7.]
67.42.080
67.42.080 Counties and municipalities—Supplemental ordinances. Nothing contained in this chapter prevents a
county or municipality from adopting and enforcing ordinances which relate to the operation of amusement rides or
structures and supplement the provisions of this chapter.
[1985 c 262 § 8.]
67.42.090
67.42.090 Bungee jumping—Permission. (1) Bungee
jumping from a publicly owned bridge or publicly owned
land is allowed only if permission has been granted by the
government body that has jurisdiction over the bridge or land.
(2) Bungee jumping into publicly owned waters is
allowed only if permission has been granted by the government body that has jurisdiction over the body of water.
(3) Bungee jumping from a privately owned bridge is
allowed only if permission has been granted by the owner of
the bridge. [1993 c 203 § 6.]
Findings—Intent—1993 c 203: See note following RCW 67.42.010.
67.42.050
67.42.050 Rules—Orders to cease operation—
Administrative proceedings. (1) The department shall
adopt rules under chapter 34.05 RCW to administer this
chapter. Such rules may exempt amusement rides or structures otherwise subject to this chapter if the amusement rides
or structures are located on lands owned by [the] United
States government or its agencies and are required to comply
with federal safety standards at least equal to those under this
chapter.
(2004 Ed.)
67.42.900
67.42.900 Severability—1985 c 262. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 262 § 10.]
67.42.901
67.42.901 Effective date—1985 c 262. This act shall
take effect on January 1, 1986. [1985 c 262 § 11.]
[Title 67 RCW—page 43]
Chapter 67.70
Chapter 67.70
Title 67 RCW: Sports and Recreation—Convention Facilities
Chapter 67.70 RCW
STATE LOTTERY
Sections
67.70.010
67.70.030
67.70.040
67.70.042
67.70.043
67.70.044
67.70.050
67.70.055
67.70.060
67.70.070
67.70.080
67.70.090
67.70.100
67.70.110
67.70.120
67.70.125
67.70.130
67.70.140
67.70.150
67.70.160
67.70.170
67.70.180
67.70.190
67.70.200
67.70.210
67.70.220
67.70.230
67.70.240
67.70.241
67.70.250
67.70.255
67.70.260
67.70.270
67.70.280
67.70.290
67.70.300
67.70.310
67.70.320
67.70.330
67.70.340
67.70.902
67.70.903
67.70.904
67.70.905
Definitions.
State lottery commission created—Membership—Terms—
Vacancies—Chairman—Quorum.
Powers and duties of commission.
Scratch games—Baseball stadium construction.
New games—Stadium and exhibition center bonds, operation,
and development—Youth athletic facilities.
Shared game lottery.
Office of director created—Appointment—Salary—Duties.
Activities prohibited to officers, employees, and members.
Powers of director.
Licenses for lottery sales agents—Factors—"Person" defined.
License as authority to act.
Denial, suspension, and revocation of licenses.
Assignment of rights prohibited—Exceptions—Notices—
Assignment of payment of remainder of an annuity—Intervention—Limitation on payment by director—Rules—
Recovery of costs of commission—Federal ruling
required—Discharge of liability.
Maximum price of ticket or share limited—Sale by other than
licensed agent prohibited.
Sale to minor prohibited—Exception—Penalties.
Use of public assistance electronic benefit cards prohibited—
Licensee to report violations.
Prohibited acts—Penalty.
Penalty for unlicensed activity.
Penalty for false or misleading statement or entry or failure to
produce documents.
Penalty for violation of chapter—Exceptions.
Penalty for violation of rules—Exceptions.
Persons prohibited from purchasing tickets or shares or receiving prizes—Penalty.
Unclaimed prizes.
Deposit of moneys received by agents from sales—Power of
director—Reports.
Other law inapplicable to sale of tickets or shares.
Payment of prizes to minor.
State lottery account created.
Use of moneys in state lottery account limited.
Promotion of lottery by person or entity responsible for operating stadium and exhibition center—Commission
approval—Cessation of obligation.
Methods for payment of prizes by installments.
Debts owed to state agency or political subdivision—Debt
information to lottery commission—Prize set off against
debts.
Lottery administrative account created.
Members of commission—Compensation—Travel expenses.
Application of administrative procedure act.
Post-audits by state auditor.
Investigations by attorney general authorized.
Management review by director of financial management.
Verification by certified public accountant.
Enforcement powers of director—Office of the director designated law enforcement agency.
Transfer of shared game lottery proceeds.
Construction—1982 2nd ex.s. c 7.
Severability—1982 2nd ex.s. c 7.
Severability—1985 c 375.
Effective date—1985 c 375.
Compulsive gamblers, information for: RCW 9.46.071.
Pathological gambling treatment: RCW 43.20A.890.
67.70.010 Definitions. For the purposes of this chapter:
(1) "Commission" means the state lottery commission
established by this chapter;
(2) "Director" means the director of the state lottery
established by this chapter;
(3) "Lottery" or "state lottery" means the lottery established and operated pursuant to this chapter;
(4) "On-line game" means a lottery game in which a
player pays a fee to a lottery retailer and selects a combination of digits, numbers, or symbols, type and amount of play,
67.70.010
[Title 67 RCW—page 44]
and receives a computer-generated ticket with those selections, and the lottery separately draws or selects the winning
combination or combinations;
(5) "Shared game lottery" means any lottery activity in
which the commission participates under written agreement
between the commission, on behalf of the state, and any other
state or states. [2002 c 349 § 1; 1994 c 218 § 3; 1987 c 511 §
1; 1982 2nd ex.s. c 7 § 1.]
Effective date—1994 c 218: See note following RCW 9.46.010.
67.70.030
67.70.030 State lottery commission created—Membership—Terms—Vacancies—Chairman—Quorum.
There is created the state lottery commission to consist of five
members appointed by the governor with the consent of the
senate. Of the initial members, one shall serve a term of two
years, one shall serve a term of three years, one shall serve a
term of four years, one shall serve a term of five years, and
one shall serve a term of six years. Their successors, all of
whom shall be citizen members appointed by the governor
with the consent of the senate, upon being appointed and
qualified, shall serve six-year terms. No member of the commission who has served a full six-year term is eligible for
reappointment. In case of a vacancy, it shall be filled by
appointment by the governor for the unexpired portion of the
term in which the vacancy occurs.
The governor shall designate one member of the commission to serve as chairman at the governor's pleasure.
A majority of the members shall constitute a quorum for
the transaction of business. [1982 2nd ex.s. c 7 § 3.]
67.70.040
67.70.040 Powers and duties of commission. The
commission shall have the power, and it shall be its duty:
(1) To promulgate such rules governing the establishment and operation of a state lottery as it deems necessary
and desirable in order that such a lottery be initiated at the
earliest feasible and practicable time, and in order that such
lottery produce the maximum amount of net revenues for the
state consonant with the dignity of the state and the general
welfare of the people. Such rules shall include, but shall not
be limited to, the following:
(a) The type of lottery to be conducted which may
include the selling of tickets or shares. The use of electronic
or mechanical devices or video terminals which allow for
individual play against such devices or terminals shall be prohibited. Approval of the legislature shall be required before
entering any agreement with other state lotteries to conduct
shared games;
(b) The price, or prices, of tickets or shares in the lottery;
(c) The numbers and sizes of the prizes on the winning
tickets or shares;
(d) The manner of selecting the winning tickets or
shares;
(e) The manner and time of payment of prizes to the
holder of winning tickets or shares which, at the director's
option, may be paid in lump sum amounts or installments
over a period of years;
(f) The frequency of the drawings or selections of winning tickets or shares. Approval of the legislature is required
before conducting any on-line game in which the drawing or
(2004 Ed.)
State Lottery
selection of winning tickets occurs more frequently than once
every twenty-four hours;
(g) Without limit as to number, the type or types of locations at which tickets or shares may be sold;
(h) The method to be used in selling tickets or shares;
(i) The licensing of agents to sell or distribute tickets or
shares, except that a person under the age of eighteen shall
not be licensed as an agent;
(j) The manner and amount of compensation, if any, to
be paid licensed sales agents necessary to provide for the adequate availability of tickets or shares to prospective buyers
and for the convenience of the public;
(k) The apportionment of the total revenues accruing
from the sale of lottery tickets or shares and from all other
sources among: (i) The payment of prizes to the holders of
winning tickets or shares, which shall not be less than fortyfive percent of the gross annual revenue from such lottery,
(ii) transfers to the lottery administrative account created by
RCW 67.70.260, and (iii) transfer to the state's general fund.
Transfers to the state general fund shall be made in compliance with RCW 43.01.050;
(l) Such other matters necessary or desirable for the efficient and economical operation and administration of the lottery and for the convenience of the purchasers of tickets or
shares and the holders of winning tickets or shares.
(2) To ensure that in each place authorized to sell lottery
tickets or shares, on the back of the ticket or share, and in any
advertising or promotion there shall be conspicuously displayed an estimate of the probability of purchasing a winning
ticket.
(3) To amend, repeal, or supplement any such rules from
time to time as it deems necessary or desirable.
(4) To advise and make recommendations to the director
for the operation and administration of the lottery. [1994 c
218 § 4; 1991 c 359 § 1; 1988 c 289 § 801; 1987 c 511 § 2;
1985 c 375 § 1; 1982 2nd ex.s. c 7 § 4.]
Effective date—1994 c 218: See note following RCW 9.46.010.
Severability—1988 c 289: See note following RCW 50.16.070.
67.70.042
67.70.042 Scratch games—Baseball stadium construction. The lottery commission shall conduct at least two
but not more than four scratch games with sports themes per
year. These games are intended to generate additional moneys sufficient to cover the distributions under RCW
67.70.240(4). [1997 c 220 § 207 (Referendum Bill No. 48,
approved June 17, 1997); 1995 3rd sp.s. c 1 § 104.]
Referendum—Other legislation limited—Legislators' personal
intent not indicated—Reimbursements for election—Voters' pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes
following RCW 82.14.0485.
State contribution for baseball stadium limited: RCW 82.14.0486.
67.70.043
67.70.043 New games—Stadium and exhibition center bonds, operation, and development—Youth athletic
facilities. The lottery commission shall conduct new games
that are in addition to any games conducted under RCW
67.70.042 and are intended to generate additional moneys
(2004 Ed.)
67.70.050
sufficient to cover the distributions under RCW
67.70.240(5). No game may be conducted under this section
before January 1, 1998. No game may be conducted under
this section after December 31, 1999, unless the conditions
for issuance of the bonds under RCW 43.99N.020(2) are met,
and no game is required to be conducted after the distributions cease under RCW 67.70.240(5).
For the purposes of this section, the lottery may accept
and market prize promotions provided in conjunction with
private-sector marketing efforts. [1997 c 220 § 205 (Referendum Bill No. 48, approved June 17, 1997).]
Referendum—Other legislation limited—Legislators' personal
intent not indicated—Reimbursements for election—Voters' pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
67.70.044
67.70.044 Shared game lottery. (1) Pursuant to RCW
67.70.040(1)(a), the commission may enter into the multistate agreement establishing a shared game lottery known
as"The Big Game," that was entered into by party state lotteries in August 1996 and subsequently amended.
(2) The shared game lottery account is created as a separate account outside the state treasury. The account is managed, maintained, and controlled by the commission and consists of all revenues received from the sale of shared game
lottery tickets or shares, and all other moneys credited or
transferred to it from any other fund or source under law. The
account is allotted according to chapter 43.88 RCW. [2002 c
349 § 2.]
67.70.050
67.70.050 Office of director created—Appointment—Salary—Duties. There is created the office of director of the state lottery. The director shall be appointed by the
governor with the consent of the senate. The director shall
serve at the pleasure of the governor and shall receive such
salary as is determined by the governor, but in no case may
the director's salary be more than ninety percent of the salary
of the governor. The director shall:
(1) Supervise and administer the operation of the lottery
in accordance with the provisions of this chapter and with the
rules of the commission.
(2) Appoint such deputy and assistant directors as may
be required to carry out the functions and duties of his office:
PROVIDED, That the provisions of the state civil service
law, chapter 41.06 RCW, shall not apply to such deputy and
assistant directors.
(3) Appoint such professional, technical, and clerical
assistants and employees as may be necessary to perform the
duties imposed by this chapter: PROVIDED, That the provisions of the state civil service law, chapter 41.06 RCW, shall
not apply to such employees as are engaged in undercover
audit or investigative work or security operations but shall
apply to other employees appointed by the director, except as
provided for in subsection (2) of this section.
(4) In accordance with the provisions of this chapter and
the rules of the commission, license as agents to sell or distribute lottery tickets such persons as in his opinion will best
serve the public convenience and promote the sale of tickets
or shares. The director may require a bond from any licensed
[Title 67 RCW—page 45]
67.70.055
Title 67 RCW: Sports and Recreation—Convention Facilities
agent, in such amount as provided in the rules of the commission. Every licensed agent shall prominently display his
license, or a copy thereof, as provided in the rules of the commission. License fees may be established by the commission,
and, if established, shall be deposited in the state lottery
account created by RCW 67.70.230.
(5) Confer regularly as necessary or desirable with the
commission on the operation and administration of the lottery; make available for inspection by the commission, upon
request, all books, records, files, and other information and
documents of the lottery; and advise the commission and recommend such matters as the director deems necessary and
advisable to improve the operation and administration of the
lottery.
(6) Subject to the applicable laws relating to public contracts, enter into contracts for the operation of the lottery, or
any part thereof, and into contracts for the promotion of the
lottery. No contract awarded or entered into by the director
may be assigned by the holder thereof except by specific
approval of the commission: PROVIDED, That nothing in
this chapter authorizes the director to enter into public contracts for the regular and permanent administration of the lottery after the initial development and implementation.
(7) Certify quarterly to the state treasurer and the commission a full and complete statement of lottery revenues,
prize disbursements, and other expenses for the preceding
quarter.
(8) Carry on a continuous study and investigation of the
lottery throughout the state: (a) For the purpose of ascertaining any defects in this chapter or in the rules issued thereunder by reason whereof any abuses in the administration and
operation of the lottery or any evasion of this chapter or the
rules may arise or be practiced, (b) for the purpose of formulating recommendations for changes in this chapter and the
rules promulgated thereunder to prevent such abuses and evasions, (c) to guard against the use of this chapter and the rules
issued thereunder as a cloak for the carrying on of professional gambling and crime, and (d) to ensure that this chapter
and rules shall be in such form and be so administered as to
serve the true purposes of this chapter.
(9) Make a continuous study and investigation of: (a)
The operation and the administration of similar laws which
may be in effect in other states or countries, (b) the operation
of an additional game or games for the benefit of a particular
program or purpose, (c) any literature on the subject which
from time to time may be published or available, (d) any federal laws which may affect the operation of the lottery, and
(e) the reaction of the citizens of this state to existing and
potential features of the lottery with a view to recommending
or effecting changes that will tend to serve the purposes of
this chapter.
(10) Have all enforcement powers granted in chapter
9.46 RCW.
(11) Perform all other matters and things necessary to
carry out the purposes and provisions of this chapter. [1998
c 245 § 106. Prior: 1987 c 511 § 3; 1987 c 505 § 57; 1986 c
158 § 21; 1985 c 375 § 2; 1982 2nd ex.s. c 7 § 5.]
67.70.055
67.70.055 Activities prohibited to officers, employees, and members. The director, deputy directors, any assis[Title 67 RCW—page 46]
tant directors, and employees of the state lottery and members of the lottery commission shall not:
(1) Serve as an officer or manager of any corporation or
organization which conducts a lottery or gambling activity;
(2) Receive or share in, directly or indirectly, the gross
profits of any lottery or other gambling activity regulated by
the gambling commission;
(3) Be beneficially interested in any contract for the
manufacture or sale of gambling devices, the conduct of a lottery or other gambling activity, or the provision of independent consultant services in connection with a lottery or other
gambling activity. [1987 c 511 § 4; 1986 c 4 § 2.]
67.70.060
67.70.060 Powers of director. (1) The director or the
director's authorized representative may:
(a) Make necessary public or private investigations
within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule
or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder; and
(b) Inspect the books, documents, and records of any
person lending money to or in any manner financing any
license holder or applicant for a license or receiving any
income or profits from the use of such license for the purpose
of determining compliance or noncompliance with the provisions of this chapter or the rules and regulations adopted pursuant thereto.
(2) For the purpose of any investigation or proceeding
under this chapter, the director or an administrative law judge
appointed under chapter 34.12 RCW may conduct hearings,
administer oaths or affirmations, or upon the director's or
administrative law judge's motion or upon request of any
party may subpoena witnesses, compel attendance, take depositions, take evidence, or require the production of any matter which is relevant to the investigation or proceeding,
including but not limited to the existence, description, nature,
custody, condition, or location of any books, documents, or
other tangible things, or the identity or location of persons
having knowledge or relevant facts, or any other matter reasonably calculated to lead to the discovery of material evidence.
(3) Upon failure to obey a subpoena or to answer questions propounded by the administrative law judge and upon
reasonable notice to all persons affected thereby, the director
may apply to the superior court for an order compelling compliance.
(4) The administrative law judges appointed under chapter 34.12 RCW may conduct hearings respecting the suspension, revocation, or denial of licenses, may administer oaths,
admit or deny admission of evidence, compel the attendance
of witnesses, issue subpoenas, issue orders, and exercise all
other powers and perform all other functions set out in chapter 34.05 RCW.
(5) Except as otherwise provided in this chapter, all proceedings under this chapter shall be in accordance with the
Administrative Procedure Act, chapter 34.05 RCW. [1989 c
175 § 123; 1982 2nd ex.s. c 7 § 6.]
Effective date—1989 c 175: See note following RCW 34.05.010.
(2004 Ed.)
State Lottery
67.70.070 Licenses for lottery sales agents—Factors—"Person" defined. No license as an agent to sell lottery tickets or shares may be issued to any person to engage
in business exclusively as a lottery sales agent. Before issuing
a license the director shall consider such factors as: (1) The
financial responsibility and security of the person and his
business or activity, (2) the accessibility of his place of business or activity to the public, (3) the sufficiency of existing
licenses to serve the public convenience, and (4) the volume
of expected sales.
For purposes of this section, the term "person" means an
individual, association, corporation, club, trust, estate, society, company, joint stock company, receiver, trustee,
assignee, referee, or any other person acting in a fiduciary or
representative capacity, whether appointed by a court or otherwise, and any combination of individuals. "Person" does
not mean any department, commission, agency, or instrumentality of the state, or any county or municipality or any
agency or instrumentality thereof, except for retail outlets of
the state liquor control board. [1982 2nd ex.s. c 7 § 7.]
67.70.070
67.70.080 License as authority to act. Any person
licensed as provided in this chapter is hereby authorized and
empowered to act as a lottery sales agent. [1982 2nd ex.s. c 7
§ 8.]
67.70.080
67.70.090 Denial, suspension, and revocation of
licenses. The director may deny an application for, or suspend or revoke, after notice and hearing, any license issued
pursuant to this chapter. Such license may, however, be temporarily suspended by the director without prior notice, pending any prosecution, investigation, or hearing. A license may
be suspended or revoked or an application may be denied by
the director for one or more of the following reasons:
(1) Failure to account for lottery tickets received or the
proceeds of the sale of lottery tickets or to file a bond if
required by the director or to comply with the instructions of
the director concerning the licensed activity;
(2) For any of the reasons or grounds stated in RCW
9.46.075 or violation of this chapter or the rules of the commission;
(3) Failure to file any return or report or to keep records
or to pay any tax required by this chapter;
(4) Fraud, deceit, misrepresentation, or conduct prejudicial to public confidence in the state lottery;
(5) That the number of lottery tickets sold by the lottery
sales agent is insufficient to meet administrative costs, or that
public convenience is adequately served by other licensees;
(6) A material change, since issuance of the license with
respect to any matters required to be considered by the director under RCW 67.70.070.
For the purpose of reviewing any application for a
license and for considering the denial, suspension, or revocation of any license the director may consider any prior criminal conduct of the applicant or licensee and the provisions of
RCW 9.95.240 and of chapter 9.96A RCW shall not apply to
such cases. [1982 2nd ex.s. c 7 § 9.]
67.70.090
67.70.100 Assignment of rights prohibited—Exceptions—Notices—Assignment of payment of remainder of
an annuity—Intervention—Limitation on payment by
67.70.100
(2004 Ed.)
67.70.100
director—Rules—Recovery of costs of commission—Federal ruling required—Discharge of liability. (1) Except
under subsection (2) of this section, no right of any person to
a prize drawn is assignable, except that payment of any prize
drawn may be paid to the estate of a deceased prize winner,
and except that any person pursuant to an appropriate judicial
order may be paid the prize to which the winner is entitled.
(2)(a) The payment of all or part of the remainder of an
annuity may be assigned to another person, pursuant to a voluntary assignment of the right to receive future annual prize
payments, if the assignment is made pursuant to an appropriate judicial order of the Thurston county superior court or the
superior court of the county in which the prize winner
resides, if the winner is a resident of Washington state. If the
prize winner is not a resident of Washington state, the winner
must seek an appropriate order from the Thurston county
superior court.
(b) If there is a voluntary assignment under (a) of this
subsection, a copy of the petition for an order under (a) of this
subsection and all notices of any hearing in the matter shall
be served on the attorney general no later than ten days before
any hearing or entry of any order.
(c) The court receiving the petition may issue an order
approving the assignment and directing the director to pay to
the assignee the remainder or portion of an annuity so
assigned upon finding that all of the following conditions
have been met:
(i) The assignment has been memorialized in writing and
executed by the assignor and is subject to Washington law;
(ii) The assignor provides a sworn declaration to the
court attesting to the facts that the assignor has had the opportunity to be represented by independent legal counsel in connection with the assignment, has received independent financial and tax advice concerning the effects of the assignment,
and is of sound mind and not acting under duress, and the
court makes findings determining so;
(iii) The assignee has provided a one-page written disclosure statement that sets forth in bold-face type, fourteen
point or larger, the payments being assigned by amount and
payment dates, the purchase price, or loan amount being
paid; the interest rate or rate of discount to present value,
assuming monthly compounding and funding on the contract
date; and the amount, if any, of any origination or closing
fees that will be charged to the lottery winner. The disclosure
statement must also advise the winner that the winner should
consult with and rely upon the advice of his or her own independent legal or financial advisors regarding the potential
federal and state tax consequences of the transaction; and
(iv) The proposed assignment does not and will not
include or cover payments or portions of payments subject to
offsets pursuant to RCW 67.70.255 unless appropriate provision is made in the order to satisfy the obligations giving rise
to the offset.
(d) The commission may intervene as of right in any proceeding under this section but shall not be deemed an indispensable or necessary party.
(3) The director will not pay the assignee an amount in
excess of the annual payment entitled to the assignor.
(4) The commission may adopt rules pertaining to the
assignment of prizes under this section, including recovery of
actual costs incurred by the commission. The recovery of
[Title 67 RCW—page 47]
67.70.110
Title 67 RCW: Sports and Recreation—Convention Facilities
actual costs shall be deducted from the initial annuity payment made to the assignee.
(5) No voluntary assignment under this section is effective unless and until the national office of the federal internal
revenue service provides a ruling that declares that the voluntary assignment of prizes will not affect the federal income
tax treatment of prize winners who do not assign their prizes.
If at any time the federal internal revenue service or a court of
competent jurisdiction provides a determination letter, revenue ruling, other public ruling of the internal revenue service
or published decision to any state lottery or state lottery prize
winner declaring that the voluntary assignment of prizes will
effect the federal income tax treatment of prize winners who
do not assign their prizes, the director shall immediately file
a copy of that letter, ruling, or published decision with the
secretary of state. No further voluntary assignments may be
allowed after the date the ruling, letter, or published decision
is filed.
(6) The occurrence of any event described in subsection
(5) of this section does not render invalid or ineffective
assignments validly made and approved pursuant to an
appropriate judicial order before the occurrence of any such
event.
(7) The requirement for a disclosure statement in subsection (2)(c)(iii) of this section does not apply to any assignment agreement executed before April 21, 1997.
(8) The commission and the director shall be discharged
of all further liability upon payment of a prize pursuant to this
section. [1997 c 111 § 1; 1996 c 228 § 2; 1982 2nd ex.s. c 7
§ 10.]
Effective date—1997 c 111: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 21, 1997]." [1997 c 111 § 2.]
Intent—1996 c 228: "The Washington state lottery act under chapter 7,
Laws of 1982 2nd ex. sess., provides, among other things, that the right of
any person to a prize shall not be assignable, except to the estate of a
deceased prize winner, or to a person designated pursuant to an appropriate
judicial order. Current law and practices provide that those who win lotto
jackpots are paid in annual installments over a period of twenty years. The
legislature recognizes that some prize winners, particularly elderly persons,
those seeking to acquire a small business, and others with unique needs, may
not want to wait to be paid over the course of up to twenty years. It is the
intent of the legislature to provide a restrictive means to accommodate those
prize winners who wish to enjoy more of their winnings currently, without
impacting the current fiscal structure of the Washington state lottery commission." [1996 c 228 § 1.]
67.70.110
67.70.110 Maximum price of ticket or share limited—Sale by other than licensed agent prohibited. A person shall not sell a ticket or share at a price greater than that
fixed by rule of the commission. No person other than a
licensed lottery sales agent shall sell lottery tickets, except
that nothing in this section prevents any person from giving
lottery tickets or shares to another as a gift. [1982 2nd ex.s. c
7 § 11.]
67.70.120
67.70.120 Sale to minor prohibited—Exception—
Penalties. (1) A ticket or share shall not be sold to any person under the age of eighteen, but this shall not be deemed to
prohibit the purchase of a ticket or share for the purpose of
making a gift by a person eighteen years of age or older to a
person less than that age.
[Title 67 RCW—page 48]
(2) Any licensee who knowingly sells or offers to sell a
lottery ticket or share to any person under the age of eighteen
is guilty of a misdemeanor.
(3) In the event that a person under the age of eighteen
years directly purchases a ticket in violation of this section,
that person is guilty of a misdemeanor. No prize will be paid
to such person and the prize money otherwise payable on the
ticket will be treated as unclaimed pursuant to RCW
67.70.190. [2003 c 53 § 303; 1987 c 511 § 6; 1982 2nd ex.s.
c 7 § 12.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
67.70.125
67.70.125 Use of public assistance electronic benefit
cards prohibited—Licensee to report violations. (1) Any
licensee authorized under this chapter is prohibited from
allowing the use of public assistance electronic benefit cards
to purchase lottery tickets or shares authorized under this
chapter.
(2) Any licensee authorized under this chapter shall
report to the department of social and health services any
known violations of RCW 74.08.580. [2002 c 252 § 5.]
67.70.130 Prohibited acts—Penalty. (1) A person
shall not alter or forge a lottery ticket. A person shall not
claim a lottery prize or share of a lottery prize by means of
fraud, deceit, or misrepresentation. A person shall not conspire, aid, abet, or agree to aid another person or persons to
claim a lottery prize or share of a lottery prize by means of
fraud, deceit, or misrepresentation.
(2) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 304;
1982 2nd ex.s. c 7 § 13.]
67.70.130
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
67.70.140 Penalty for unlicensed activity. (1) Any
person who conducts any activity for which a license is
required by this chapter, or by rule of the commission, without the required license, is guilty of a class B felony punishable according to chapter 9A.20 RCW.
(2) If any corporation conducts any activity for which a
license is required by this chapter, or by rule of the commission, without the required license, it may be punished by forfeiture of its corporate charter, in addition to the other penalties set forth in this section. [2003 c 53 § 305; 1982 2nd ex.s.
c 7 § 14.]
67.70.140
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
67.70.150 Penalty for false or misleading statement
or entry or failure to produce documents. Whoever, in any
application for a license or in any book or record required to
be maintained or in any report required to be submitted,
makes any false or misleading statement, or makes any false
or misleading entry or wilfully fails to maintain or make any
entry required to be maintained or made, or who wilfully
refuses to produce for inspection any book, record, or document required to be maintained or made by federal or state
law is guilty of a gross misdemeanor. [1982 2nd ex.s. c 7 §
15.]
67.70.150
(2004 Ed.)
State Lottery
67.70.160
67.70.160 Penalty for violation of chapter—Exceptions. Any person who violates any provision of this chapter
for which no penalty is otherwise provided, or knowingly
causes, aids, abets, or conspires with another to cause any
person to violate any provision of this chapter is guilty of a
class C felony, except where other penalties are specifically
provided for in this chapter. [1982 2nd ex.s. c 7 § 16.]
67.70.240
67.70.210 Other law inapplicable to sale of tickets or
shares. No other law, including chapter 9.46 RCW, providing any penalty or disability for the sale of lottery tickets or
any acts done in connection with a lottery applies to the sale
of tickets or shares performed pursuant to this chapter. [1982
2nd ex.s. c 7 § 21.]
67.70.210
67.70.220
67.70.170
67.70.170 Penalty for violation of rules—Exceptions.
Any person who violates any rule adopted pursuant to this
chapter for which no penalty is otherwise provided, or knowingly causes, aids, abets, or conspires with another to cause
any person to violate any rule adopted pursuant to this chapter is guilty of a gross misdemeanor, except where other penalties are specifically provided for in this chapter. [1982 2nd
ex.s. c 7 § 17.]
67.70.180
67.70.180 Persons prohibited from purchasing tickets or shares or receiving prizes—Penalty. A ticket or
share shall not be purchased by, and a prize shall not be paid
to any member of the commission, the director, or an
employee of the lottery or to any spouse, child, brother, sister,
or parent residing as a member of the same household in the
principal place of abode of any member of the commission,
the director or an employee of the lottery.
A violation of this section is a misdemeanor. [1987 c
511 § 7; 1982 2nd ex.s. c 7 § 18.]
67.70.220 Payment of prizes to minor. If the person
entitled to a prize is under the age of eighteen years, and such
prize is less than five thousand dollars, the director may
direct payment of the prize by delivery to an adult member of
the minor's family or a guardian of the minor of a check or
draft payable to the order of such minor. If the person entitled
to a prize is under the age of eighteen years, and such prize is
five thousand dollars or more, the director may direct payment to such minor by depositing the amount of the prize in
any bank to the credit of an adult member of the minor's family or a guardian of the minor as custodian for such minor.
The person so named as custodian shall have the same duties
and powers as a person designated as a custodian in a manner
prescribed by the Washington uniform transfers to minors
act, chapter 11.114 RCW, and for the purposes of this section
the terms "adult member of a minor's family," "guardian of a
minor," and "bank" shall have the same meaning as in chapter
11.114 RCW. The commission and the director shall be discharged of all further liability upon payment of a prize to a
minor pursuant to this section. [1991 c 193 § 30; 1985 c 7 §
128; 1982 2nd ex.s. c 7 § 22.]
Effective date—Severability—1991 c 193: See RCW 11.114.903 and
11.114.904.
67.70.190
67.70.190 Unclaimed prizes. Unclaimed prizes shall
be retained in the state lottery account for the person entitled
thereto for one hundred eighty days after the drawing in
which the prize is won, or after the official end of the game
for instant prizes. If no claim is made for the prize within this
time, the prize shall be retained in the state lottery fund for
further use as prizes, and all rights to the prize shall be extinguished. [1994 c 218 § 5; 1988 c 289 § 802; 1987 c 511 § 8;
1982 2nd ex.s. c 7 § 19.]
Effective date—1994 c 218: See note following RCW 9.46.010.
Severability—1988 c 289: See note following RCW 50.16.070.
67.70.230
67.70.230 State lottery account created. There is
hereby created and established a separate account, to be
known as the state lottery account. Such account shall be
managed, maintained, and controlled by the commission and
shall consist of all revenues received from the sale of lottery
tickets or shares, and all other moneys credited or transferred
thereto from any other fund or source pursuant to law. The
account shall be a separate account outside the state treasury.
No appropriation is required to permit expenditures and payment of obligations from the account. [1985 c 375 § 4; 1982
2nd ex.s. c 7 § 23.]
67.70.200
67.70.200 Deposit of moneys received by agents from
sales—Power of director—Reports. The director, in his
discretion, may require any or all lottery sales agents to
deposit to the credit of the state lottery account in banks designated by the state treasurer, all moneys received by such
agents from the sale of lottery tickets or shares, less the
amount, if any, retained as compensation for the sale of the
tickets or shares, and to file with the director or his designated
agents, reports of their receipts and transactions in the sale of
lottery tickets in such form and containing such information
as he may require. The director may make such arrangements
for any person, including a bank, to perform such functions,
activities, or services in connection with the operation of the
lottery as he or she may deem advisable pursuant to this chapter and the rules of the commission, and such functions, activities, or services shall constitute lawful functions, activities,
and services of such person. [1987 c 511 § 9; 1982 2nd ex.s.
c 7 § 20.]
(2004 Ed.)
67.70.240
67.70.240 Use of moneys in state lottery account limited. The moneys in the state lottery account shall be used
only:
(1) For the payment of prizes to the holders of winning
lottery tickets or shares;
(2) For purposes of making deposits into the reserve
account created by RCW 67.70.250 and into the lottery
administrative account created by RCW 67.70.260;
(3) For purposes of making deposits into the education
construction fund and student achievement fund created in
RCW 43.135.045. For the transition period from July 1,
2001, until and including June 30, 2002, fifty percent of the
moneys not otherwise obligated under this section shall be
placed in the student achievement fund and fifty percent of
these moneys shall be placed in the education construction
fund. On and after July 1, 2002, until June 30, 2004, seventyfive percent of these moneys shall be placed in the student
achievement fund and twenty-five percent shall be placed in
[Title 67 RCW—page 49]
67.70.241
Title 67 RCW: Sports and Recreation—Convention Facilities
the education construction fund. On and after July 1, 2004, all
deposits not otherwise obligated under this section shall be
placed in the education construction fund. Moneys in the
state lottery account deposited in the education construction
fund and the student achievement fund are included in "general state revenues" under RCW 39.42.070;
(4) For distribution to a county for the purpose of paying
the principal and interest payments on bonds issued by the
county to construct a baseball stadium, as defined in RCW
82.14.0485, including reasonably necessary preconstruction
costs. Three million dollars shall be distributed under this
subsection during calendar year 1996. During subsequent
years, such distributions shall equal the prior year's distributions increased by four percent. Distributions under this subsection shall cease when the bonds issued for the construction
of the baseball stadium are retired, but not more than twenty
years after the tax under RCW 82.14.0485 is first imposed;
(5) For distribution to the stadium and exhibition center
account, created in RCW 43.99N.060. Subject to the conditions of RCW 43.99N.070, six million dollars shall be distributed under this subsection during the calendar year 1998.
During subsequent years, such distribution shall equal the
prior year's distributions increased by four percent. No distribution may be made under this subsection after December 31,
1999, unless the conditions for issuance of the bonds under
RCW 43.99N.020(2) are met. Distributions under this subsection shall cease when the bonds are retired, but not later
than December 31, 2020;
(6) For the purchase and promotion of lottery games and
game-related services; and
(7) For the payment of agent compensation.
The office of financial management shall require the
allotment of all expenses paid from the account and shall
report to the ways and means committees of the senate and
house of representatives any changes in the allotments.
[2001 c 3 § 4 (Initiative Measure No. 728, approved November 7, 2000); 1997 c 220 § 206 (Referendum Bill No. 48,
approved June 17, 1997); 1995 3rd sp.s. c 1 § 105; 1987 c 513
§ 7; 1985 c 375 § 5; 1982 2nd ex.s. c 7 § 24.]
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210.
Referendum—Other legislation limited—Legislators' personal
intent not indicated—Reimbursements for election—Voters' pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes
following RCW 82.14.0485.
Effective date—Severability—1987 c 513: See notes following RCW
18.85.310.
State contribution for baseball stadium limited: RCW 82.14.0486.
67.70.241
67.70.241 Promotion of lottery by person or entity
responsible for operating stadium and exhibition center—Commission approval—Cessation of obligation.
The person or entity responsible for operating a stadium and
exhibition center as defined in RCW 36.102.010 shall promote the lottery with any combination of in-kind advertising,
sponsorship, or prize promotions, valued at one million dollars annually beginning January 1998 and increased by four
[Title 67 RCW—page 50]
percent each year thereafter for the purpose of increasing lottery sales of games authorized under RCW 67.70.043. The
content and value of the advertising sponsorship or prize promotions are subject to reasonable approval in advance by the
lottery commission. The obligation of this section shall cease
when the distributions under RCW 67.70.240(5) end, but not
later than December 31, 2020. [1997 c 220 § 208 (Referendum Bill No. 48, approved June 17, 1997).]
Referendum—Other legislation limited—Legislators' personal
intent not indicated—Reimbursements for election—Voters' pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
67.70.250
67.70.250 Methods for payment of prizes by installments. If the director decides to pay any portion of or all of
the prizes in the form of installments over a period of years,
the director shall provide for the payment of all such installments for any specific lottery game by one, but not both, of
the following methods:
(1) The director may enter into contracts with any financially responsible person or firm providing for the payment
of such installments; or
(2) The director may establish and maintain a reserve
account into which shall be placed sufficient moneys for the
director to pay such installments as they become due. Such
reserve account shall be maintained as a separate and independent fund outside the state treasury. [1987 c 511 § 11;
1982 2nd ex.s. c 7 § 25.]
67.70.255
67.70.255 Debts owed to state agency or political subdivision—Debt information to lottery commission—Prize
set off against debts. (1) Any state agency or political subdivision that maintains records of debts owed to the state or
political subdivision, or that the state is authorized to enforce
or collect, may submit data processing tapes containing debt
information to the lottery in a format specified by the lottery.
State agencies or political subdivisions submitting debt information tapes shall provide updates on a regular basis at intervals not to exceed one month and shall be solely responsible
for the accuracy of the information contained therein.
(2) The lottery shall include the debt information submitted by state agencies or political subdivisions in its validation
and prize payment process. The lottery shall delay payment
of a prize exceeding six hundred dollars for a period not to
exceed two working days, to any person owing a debt to a
state agency or political subdivision pursuant to the information submitted in subsection (1) of this section. The lottery
shall contact the state agency or political subdivision that
provided the information to verify the debt. The prize shall be
paid to the claimant if the debt is not verified by the submitting state agency or political subdivision within two working
days. If the debt is verified, the prize shall be disbursed pursuant to subsection (3) of this section.
(3) Prior to disbursement, any lottery prize exceeding six
hundred dollars shall be set off against any debts owed by the
prize winner to a state agency or political subdivision, or that
the state is authorized to enforce or collect. [1986 c 83 § 2.]
Policy—1986 c 83: "The award of prizes by the state lottery is one of
many functions of the state government. As such, the lottery prizes should be
(2004 Ed.)
State Lottery
subject to debts owed to the state or that the state is authorized to enforce or
collect. This policy expedites collections of obligations through interagency
cooperation." [1986 c 83 § 1.]
Effective date—1986 c 83: "This act shall take effect September 1,
1986." [1986 c 83 § 3.]
67.70.260
67.70.260 Lottery administrative account created.
There is hereby created the lottery administrative account in
the state treasury. The account shall be managed, controlled,
and maintained by the director. The legislature may appropriate from the account for the payment of costs incurred in the
operation and administration of the lottery. During the 20012003 fiscal biennium, the legislature may transfer from the
lottery administrative account to the state general fund such
amounts as reflect the appropriations reductions made by the
2002 supplemental appropriations act for administrative efficiencies and savings. [2002 c 371 § 919; 1985 c 375 § 6;
1982 2nd ex.s. c 7 § 26.]
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
67.70.270
67.70.270 Members of commission—Compensation—Travel expenses. Each member of the commission
shall be compensated in accordance with RCW 43.03.250
and shall be reimbursed for actual necessary traveling and
other expenses in going to, attending, and returning from
meetings of the commission and actual and necessary traveling and other expenses incurred in the discharge of such
duties as may be requested by a majority vote of the commission or by the director. [1984 c 287 § 101; 1982 2nd ex.s. c 7
§ 27.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
67.70.280
67.70.280 Application of administrative procedure
act. The provisions of the administrative procedure act,
chapter 34.05 RCW, shall apply to administrative actions
taken by the commission or the director pursuant to this chapter. [1982 2nd ex.s. c 7 § 28.]
67.70.290
67.70.290 Post-audits by state auditor. The state auditor shall conduct an annual post-audit of all accounts and
transactions of the lottery and such other special post-audits
as he may be directed to conduct pursuant to chapter 43.09
RCW. [1982 2nd ex.s. c 7 § 29.]
67.70.300
67.70.300 Investigations by attorney general authorized. The attorney general may investigate violations of this
chapter, and of the criminal laws within this state, by the
commission, the director, or the director's employees, licensees, or agents, in the manner prescribed for criminal investigations in RCW 43.10.090. [1987 c 511 § 13; 1982 2nd ex.s.
c 7 § 30.]
67.70.310
67.70.310 Management review by director of financial management. The director of financial management
may conduct a management review of the commission's lottery operations to assure that:
(1) The manner and time of payment of prizes to the
holder of winning tickets or shares is consistent with this
chapter and the rules adopted under this chapter;
(2004 Ed.)
67.70.330
(2) The apportionment of total revenues accruing from
the sale of lottery tickets or shares and from all other sources
is consistent with this chapter;
(3) The manner and type of lottery being conducted, and
the expenses incidental thereto, are the most efficient and
cost-effective; and
(4) The commission is not unnecessarily incurring operating and administrative costs.
In conducting a management review, the director of
financial management may inspect the books, documents,
and records of the commission. Upon completion of a management review, all irregularities shall be reported to the
attorney general, the joint legislative audit and review committee, and the state auditor. The director of financial management shall make such recommendations as may be necessary for the most efficient and cost-effective operation of the
lottery. [1996 c 288 § 50; 1982 2nd ex.s. c 7 § 31.]
67.70.320
67.70.320 Verification by certified public accountant. The director of financial management shall select a certified public accountant to verify that:
(1) The manner of selecting the winning tickets or shares
is consistent with this chapter; and
(2) The manner and time of payment of prizes to the
holder of winning tickets or shares is consistent with this
chapter. The cost of these services shall be paid from moneys
placed within the lottery administrative account created in
RCW 67.70.260. [1987 c 511 § 14; 1982 2nd ex.s. c 7 § 32.]
67.70.330
67.70.330 Enforcement powers of director—Office of
the director designated law enforcement agency. The
director shall have the power to enforce this chapter and the
penal laws of this state relating to the conduct of or participation in lottery activities and the manufacturing, importation,
transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. The director, the deputy director, assistant directors,
and each of the director's investigators, enforcement officers,
and inspectors shall have the power to enforce this chapter
and the penal laws of this state relating to the conduct of or
participation in lottery activities and the manufacturing,
importation, transportation, distribution, possession, and sale
of equipment or paraphernalia used or for use in connection
therewith. They shall have the power and authority to apply
for and execute all warrants and serve process of law issued
by the courts in enforcing the penal provisions of this chapter
and the penal laws of this state relating to the conduct of or
participation in lottery activities and the manufacturing,
importation, transportation, distribution, possession, and sale
of equipment or paraphernalia used or for use in connection
therewith. They shall have the power to arrest without a warrant, any person or persons found in the act of violating any
of the penal provisions of this chapter and the penal laws of
this state relating to the conduct of or participation in lottery
activities and the manufacturing, importation, transportation,
distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. To the extent
set forth in this section, the office of the director shall be a
law enforcement agency of this state with the power to investigate for violations of and to enforce the provisions of this
[Title 67 RCW—page 51]
67.70.340
Title 67 RCW: Sports and Recreation—Convention Facilities
chapter and to obtain information from and provide information to all other law enforcement agencies. [1987 c 511 § 15;
1982 2nd ex.s. c 7 § 33.]
health, and safety, the support of the state government and its
existing public institutions and shall take effect March 1,
1985. [1985 c 375 § 10.]
Reviser's note: 1985 c 375 was signed by the governor May 20, 1985.
67.70.340
67.70.340 Transfer of shared game lottery proceeds.
(1) The legislature recognizes that creating a shared game lottery could result in less revenue being raised by the existing
state lottery ticket sales. The legislature further recognizes
that the two funds most impacted by this potential event are
the student achievement fund and the education construction
account. Therefore, it is the intent of the legislature to use
some of the proceeds from the shared game lottery to make
up the difference that the potential state lottery revenue loss
would have on the student achievement fund and the education construction account.
(2) The student achievement fund and the education construction account are expected to collectively receive one
hundred two million dollars annually from state lottery
games other than the shared game lottery. For fiscal year
2003 and thereafter, if the amount of lottery revenues earmarked for the student achievement fund and the education
construction account are less than one hundred two million
dollars, the commission must transfer sufficient moneys from
revenues derived from the shared game lottery into the student achievement fund and the education construction
account to bring the total revenue up to one hundred two million dollars. The funds transferred from the shared game lottery account under this subsection must be divided between
the student achievement fund and the education construction
account in a manner consistent with RCW 67.70.240(3).
(3) For fiscal year 2003, the commission shall transfer
from revenues derived from the shared game lottery to the
violence reduction and drug enforcement account under
RCW 69.50.520 five hundred thousand dollars exclusively
for the treatment of pathological gambling as prescribed by
*RCW 67.70.350.
(4) The remaining net revenues, if any, in the shared
game lottery account after the transfers shall be deposited
into the general fund. [2002 c 349 § 3.]
*Reviser's note: RCW 67.70.350 was recodified as RCW 43.20A.890,
September 2003.
67.70.902
67.70.902 Construction—1982 2nd ex.s. c 7. This act
shall be liberally construed to carry out the purposes and policies of the act. [1982 2nd ex.s. c 7 § 35.]
67.70.903
67.70.903 Severability—1982 2nd ex.s. c 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1982 2nd ex.s. c 7 § 40.]
67.70.904
67.70.904 Severability—1985 c 375. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 375 § 9.]
67.70.905
67.70.905 Effective date—1985 c 375. This act is necessary for the immediate preservation of the public peace,
[Title 67 RCW—page 52]
(2004 Ed.)
Title 68
Title 68
CEMETERIES, MORGUES, AND HUMAN REMAINS
Chapters
68.04 Definitions.
68.05 Cemetery board.
68.20 Private cemeteries.
68.24 Cemetery property.
68.28 Mausoleums and columbariums.
68.32 Title and rights to cemetery plots.
68.36 Abandoned lots.
68.40 Endowment and nonendowment care.
68.44 Endowment care fund.
68.46 Prearrangement contracts.
68.50 Human remains.
68.52 Public cemeteries and morgues.
68.54 Annexation and merger of cemetery districts.
68.56 Penal and miscellaneous provisions.
68.60 Abandoned and historic cemeteries and historic
graves.
Burial and removal permits, death certificates, vital statistics: Chapter
70.58 RCW.
Burial insurance: RCW 18.39.240 through 18.39.360.
Cemetery districts, excess levies authorized: RCW 84.52.052.
Cemetery funds transferred to state treasury: RCW 43.79.330.
Conveyance of real property by public bodies—Recording: RCW 65.08.095.
Embalmers and funeral directors: Chapter 18.39 RCW.
Funeral service contracts: RCW 18.39.240 through 18.39.360.
Indian graves and records: Chapter 27.44 RCW.
Indigent persons: RCW 36.39.030.
Veterans, burial: Chapter 73.24 RCW.
Vital statistics: Chapter 70.58 RCW.
Washington veterans' home and soldiers' home, burial of deceased members: RCW 72.36.110.
Chapter 68.04
Chapter 68.04 RCW
DEFINITIONS
Sections
68.04.020
68.04.030
68.04.040
68.04.050
68.04.060
68.04.070
68.04.080
68.04.090
68.04.100
68.04.110
68.04.120
68.04.130
68.04.140
68.04.150
68.04.160
68.04.165
68.04.170
68.04.180
68.04.190
68.04.200
68.04.210
68.04.220
68.04.230
(2004 Ed.)
"Human remains," "remains."
"Cremated remains."
"Cemetery."
"Burial park."
"Mausoleum."
"Crematory."
"Columbarium."
"Crematory and columbarium."
"Interment."
"Cremation."
"Inurnment."
"Entombment."
"Burial."
"Grave."
"Crypt."
"Vault", "lawn crypt", "liner."
"Niche."
"Temporary receiving vault."
"Cemetery authority."
"Cemetery corporation", "cemetery association", "cemetery
corporation or association."
"Cemetery business", "cemetery businesses", "cemetery purposes."
"Directors," "governing body."
"Lot", "plot", "interment plot."
68.04.240
"Plot owner," "owner," "lot proprietor."
68.04.020 "Human remains," "remains." "Human
remains" or "remains" means the body of a deceased person,
and includes the body in any stage of decomposition except
cremated remains. [1977 c 47 § 1; 1943 c 247 § 2; Rem.
Supp. 1943 § 3778-2.]
68.04.020
Short title—1943 c 247: "This act shall be known as the 'General Cemetery Act.'" [1943 c 247 § 1.]
Severability—1943 c 247: "If any section, subdivision, sentence or
clause of this act shall be held invalid or unconstitutional, such holding shall
not affect the validity of the remaining portions of this act." [1943 c 247 §
147.]
The annotations apply to 1943 c 247, the general cemetery act, which
was codified as RCW 68.04.020 through 68.04.240, 68.08.010 through
68.08.030, 68.08.120 through 68.08.220, 68.08.240, 68.20.010 through
68.20.100, 68.24.010 through 68.24.180, 68.28.010 through 68.28.070,
68.32.010 through 68.32.170, 68.36.010 through 68.36.100, 68.40.010
through 68.40.090, 68.44.010 through 68.44.170, and 68.48.040 through
68.48.090.
68.04.030 "Cremated remains." "Cremated remains"
means a human body after cremation in a crematory. [1977 c
47 § 2; 1943 c 247 § 3; Rem. Supp. 1943 § 3778-3.]
68.04.030
68.04.040 "Cemetery." "Cemetery" means: (1) Any
one, or a combination of more than one, of the following, in a
place used, or intended to be used, and dedicated, for cemetery purposes:
(a) A burial park, for earth interments.
(b) A mausoleum, for crypt interments.
(c) A columbarium, for permanent cinerary interments;
or
(2) For the purposes of chapter 68.60 RCW only, "cemetery" means any burial site, burial grounds, or place where
five or more human remains are buried. Unless a cemetery is
designated as a parcel of land identifiable and unique as a
cemetery within the records of the county assessor, a cemetery's boundaries shall be a minimum of ten feet in any direction from any burials therein. [1990 c 92 § 7; 1979 c 21 § 1;
1943 c 247 § 4; Rem. Supp. §3778-4.]
68.04.040
68.04.050 "Burial park." "Burial park" means a tract
of land for the burial of human remains in the ground, used or
intended to be used, and dedicated, for cemetery purposes.
[1943 c 247 § 5; Rem. Supp. 1943 § 3778-5.]
68.04.050
68.04.060 "Mausoleum." "Mausoleum" means a
structure or building for the entombment of human remains
in crypts in a place used, or intended to be used, and dedicated, for cemetery purposes. [1979 c 21 § 2; 1943 c 247 § 6;
Rem. Supp. 1943 § 3778-6.]
68.04.060
68.04.070 "Crematory." "Crematory" means a building or structure containing one or more retorts for the reduc68.04.070
[Title 68 RCW—page 1]
68.04.080
Title 68 RCW: Cemeteries, Morgues, and Human Remains
tion of bodies of deceased persons to cremated remains.
[1943 c 247 § 7; Rem. Supp. 1943 § 3778-7.]
68.04.080
68.04.080 "Columbarium." "Columbarium" means a
structure, room, or other space in a building or structure containing niches for permanent inurnment of cremated remains
in a place used, or intended to be used, and dedicated, for
cemetery purposes. [1943 c 247 § 8; Rem. Supp. 1943 §
3778-8.]
68.04.170 "Niche." "Niche" means a space in a columbarium or urn garden used, or intended to be used, for inurnment of cremated human remains. [1943 c 247 § 17; Rem.
Supp. 1943 § 3778-17.]
68.04.170
68.04.180 "Temporary receiving vault." "Temporary
receiving vault" means a vault used or intended to be used for
the temporary placement of human remains. [1943 c 247 §
18; Rem. Supp. 1943 § 3778-18.]
68.04.180
68.04.190 "Cemetery authority." "Cemetery authority" includes cemetery corporation, association, corporation
sole, or other person owning or controlling cemetery lands or
property. [1943 c 247 § 19; Rem. Supp. 1943 § 3778-19.]
68.04.190
68.04.090
68.04.090 "Crematory and columbarium." "Crematory and columbarium" means a building or structure containing both a crematory and columbarium. [1943 c 247 § 9;
Rem. Supp. 1943 § 3778-9.]
68.04.200 "Cemetery corporation", "cemetery association", "cemetery corporation or association." "Cemetery corporation", "cemetery association", or "cemetery corporation or association" mean any corporation now or hereafter organized which is or may be authorized by its articles to
conduct any one or more or all of the businesses of a cemetery, but do not mean or include a corporation sole. [1943 c
247 § 20; Rem. Supp. 1943 § 3778-20.]
68.04.200
68.04.100
68.04.100 "Interment." "Interment" means the disposition of human remains by cremation and inurnment,
entombment, or burial in a place used, or intended to be used,
and dedicated, for cemetery purposes. [1943 c 247 § 10;
Rem. Supp. 1943 § 3778-10.]
68.04.110
68.04.110 "Cremation." "Cremation" means the
reduction of the body of a deceased person to cremated
remains in a crematory in such a manner that the largest
dimension of any remaining particle does not exceed five
millimeters: PROVIDED, That if a person entitled to possession of such remains under the provisions of RCW 68.50.270
is going to place the cremated remains in a cemetery, mausoleum, columbarium, or building devoted exclusively to religious purposes, the five millimeter dimension requirement
shall not apply. [1987 c 331 § 1; 1977 c 47 § 3; 1943 c 247 §
11; Rem. Supp. 1943 § 3778-11.]
68.04.210 "Cemetery business", "cemetery businesses", "cemetery purposes." "Cemetery business",
"cemetery businesses", and "cemetery purposes" are used
interchangeably and mean any and all business and purposes
requisite to, necessary for, or incident to, establishing, maintaining, operating, improving, or conducting a cemetery,
interring human remains, and the care, preservation, and
embellishment of cemetery property. [1943 c 247 § 21; Rem.
Supp. 1943 § 3778-21.]
68.04.210
Effective date—1987 c 331: See RCW 68.05.900.
68.04.220 "Directors," "governing body." "Directors" or "governing body" means the board of directors, board
of trustees, or other governing body of a cemetery association. [1943 c 247 § 22; Rem. Supp. 1943 § 3778-22.]
68.04.220
68.04.120
68.04.120 "Inurnment." "Inurnment" means placing
cremated remains in an urn or vault and placing it in a niche.
[1943 c 247 § 12; Rem. Supp. 1943 § 3778-12.]
68.04.130
68.04.130 "Entombment." "Entombment" means the
placement of human remains in a crypt or vault. [1943 c 247
§ 13; Rem. Supp. 1943 § 3778-13.]
68.04.140
68.04.140 "Burial." "Burial" means the placement of
human remains in a grave. [1943 c 247 § 14; Rem. Supp.
1943 § 3778-14.]
68.04.150
68.04.150 "Grave." "Grave" means a space of ground
in a burial park, used or intended to be used, for burial. [1943
c 247 § 15; Rem. Supp. 1943 § 3778-15.]
68.04.160
68.04.160 "Crypt." "Crypt" means a space in a mausoleum of sufficient size, used or intended to be used, to entomb
uncremated human remains. [1979 c 21 § 3; 1943 c 247 § 16;
Rem. Supp. 1943 § 3778-16.]
68.04.165
68.04.165 "Vault", "lawn crypt", "liner." "Vault",
"lawn crypt" or "liner" means any container which is buried
in the ground and into which human remains are placed in the
burial process. [1979 c 21 § 4.]
[Title 68 RCW—page 2]
68.04.230 "Lot", "plot", "interment plot." "Lot",
"plot", or "interment plot" means space in a cemetery, used or
intended to be used for the interment of human remains. Such
terms include and apply to one or more than one adjoining
graves, one or more than one adjoining crypts or vaults, or
one or more than one adjoining niches. [1943 c 247 § 23;
Rem. Supp. 1943 § 3778-23.]
68.04.230
68.04.240 "Plot owner", "owner", "lot proprietor."
"Plot owner", "owner", or "lot proprietor" means any person
in whose name an interment plot stands of record as owner, in
the office of a cemetery authority. [1943 c 247 § 24; Rem.
Supp. 1943 § 3778-24.]
68.04.240
Chapter 68.05
Chapter 68.05 RCW
CEMETERY BOARD
Sections
68.05.010
68.05.020
68.05.024
68.05.028
Definitions.
"Board" defined.
"Department" defined.
"Director" defined.
(2004 Ed.)
Cemetery Board
68.05.030
68.05.040
68.05.050
68.05.060
68.05.080
68.05.090
68.05.095
68.05.100
68.05.105
68.05.115
68.05.120
68.05.150
68.05.155
68.05.160
68.05.170
68.05.173
68.05.175
68.05.180
68.05.185
68.05.190
68.05.195
68.05.205
68.05.210
68.05.215
68.05.225
68.05.235
68.05.240
68.05.245
68.05.254
68.05.259
68.05.285
68.05.290
68.05.300
68.05.310
68.05.320
68.05.330
68.05.340
68.05.350
68.05.360
68.05.370
68.05.390
68.05.400
68.05.430
68.05.900
"Endowment care," "endowed care" defined.
Cemetery board created—Appointments—Terms.
Qualifications of members.
Compensation and travel expenses.
Meetings.
Administration and enforcement of title.
Officers—Executive secretary.
Rules and regulations.
Authority of the board.
Sale or transfer of cemetery authority or creation of a new
cemetery—Application for new certificate of authority—
Compliance required—Penalty.
Actions to enforce law—Attorney general.
Examination of funds—Powers, duties.
Prearrangement sales license.
Action required when authority fails to deposit minimum
endowment amount or comply with prearrangement contract
provisions.
Order requiring reinvestment in compliance with title—
Actions for preservation and protection.
Revocation, suspension of certificate or prearrangement sales
license.
Permit or endorsement required for cremation—Regulation of
affiliated and nonaffiliated crematories.
Annual report of authority—Contents—Verification.
Requirements as to crematories.
Examination of reports.
Burial or disposal of cremated remains—Permit or endorsement required.
Fees.
Proof of applicant's compliance with law, rules, etc., financial
responsibility and reputation.
Certificates—Regulatory charges, when payable—Duration—
Suspension, restoration—Transferability.
Sales licenses—Terms—Fees.
Financial statements—Failure to file.
Interment, certificate of authority required—Penalty.
Crematory permits or endorsements—Terms—Fees.
Examination of endowment funds and prearrangement trust
funds—Expense—Location.
Examination expense—Effect of refusal to pay—Disposition.
"Cemetery fund."
Board members' immunity from suits.
Unprofessional conduct—Disciplinary action.
Prearrangement sales—Disciplinary action.
Board action against authorities—Administrative procedures.
Violation—Penalty—Unfair practice—Other laws applicable.
Board action against authorities—Cease and desist orders.
Delaying board action pending administrative proceedings.
Board action against authorities—Hearing location—Decision—Review.
Board action against authorities—Enforcement of orders.
Permit or endorsement required for cremation—Penalty.
Exemptions from chapter.
Uniform regulation of business and professions act.
Effective date—1987 c 331.
68.05.010 Definitions. The definitions in chapter 68.04
RCW are applicable to this chapter and govern the meaning
of terms used herein, except as otherwise provided expressly
or by necessary implication. [1953 c 290 § 26.]
68.05.010
Short title—1953 c 290: "This act shall be known as 'The Cemetery
Act.'" [1953 c 290 § 55.]
68.05.020 "Board" defined. The term "board" used in
this chapter means the cemetery board. [1953 c 290 § 27.]
68.05.020
68.05.024 "Department" defined. "Department" used
in this chapter means the department of licensing. [1987 c
331 § 2.]
68.05.024
68.05.028 "Director" defined. "Director" used in this
chapter means the director of licensing. [1987 c 331 § 3.]
68.05.028
68.05.030 "Endowment care," "endowed care"
defined. The terms "endowment care" or "endowed care"
68.05.030
(2004 Ed.)
68.05.090
used in this chapter shall include special care, care, or maintenance and all funds held for or represented as maintenance
funds. [1987 c 331 § 4; 1953 c 290 § 28.]
68.05.040
68.05.040 Cemetery board created—Appointments—Terms. A cemetery board is created to consist of
six members to be appointed by the governor. Appointments
shall be for four-year terms. Each member shall hold office
until the expiration of the term for which the member is
appointed or until a successor has been appointed and qualified. [1987 c 331 § 5; 1977 ex.s. c 351 § 1; 1953 c 290 § 31.]
Severability—1977 ex.s. c 351: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 351 § 7.]
68.05.050
68.05.050 Qualifications of members. Three members
of the board shall be persons who have had experience in this
state in the active administrative management of a cemetery
authority or as a member of the board of directors thereof.
Two members of the board shall be persons who have legal,
accounting, or other professional experience which relates to
the duties of the board. The sixth member of the board shall
represent the general public and shall not have a financial
interest in the cemetery business. [1979 c 21 § 5; 1977 ex.s.
c 351 § 2; 1953 c 290 § 32.]
Severability—1977 ex.s. c 351: See note following RCW 68.05.040.
68.05.060
68.05.060 Compensation and travel expenses. Each
member of the board shall be compensated in accordance
with RCW 43.03.240 and shall receive travel expenses in
accordance with RCW 43.03.050 and 43.03.060. [1984 c 287
§ 102; 1975-'76 2nd ex.s. c 34 § 156; 1953 c 290 § 33.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
68.05.080
68.05.080 Meetings. The board shall meet at least twice
a year in order to conduct its business and may meet at such
other times as it may designate. The chair, the director, or a
majority of board members may call a meeting. The board
may meet at any place within this state. [1987 c 331 § 6;
1953 c 290 § 35.]
68.05.090
68.05.090 Administration and enforcement of title.
The board shall enforce and administer the provisions of
chapters 68.04 through 68.50 RCW, subject to provisions of
*RCW 68.05.280. The board may adopt and amend bylaws
establishing its organization and method of operation. In
addition to enforcement of this chapter the board shall
enforce chapters 68.20, 68.24, 68.28, 68.32, 68.36, 68.40,
68.44, 68.46, and 68.50 RCW. The board may refer such evidence as may be available concerning violations of chapters
68.20, 68.24, 68.28, 68.32, 68.36, 68.40, 68.44, 68.46, and
68.50 RCW to the attorney general or the proper prosecuting
attorney, who may in his or her discretion, with or without
such a reference, in addition to any other action the board
might commence, bring an action in the name of the board
against any person to restrain and prevent the doing of any act
or practice prohibited or declared unlawful in chapters 68.20,
[Title 68 RCW—page 3]
68.05.095
Title 68 RCW: Cemeteries, Morgues, and Human Remains
68.24, 68.28, 68.32, 68.36, 68.40, 68.44, 68.46, or 68.50
RCW and shall have standing to seek enforcement of said
provisions in the superior court of the state of Washington for
the county in which the principal office of the cemetery
authority is located. [1987 c 331 § 7; 1979 c 21 § 6; 1953 c
290 § 39.]
*Reviser's note: RCW 68.05.280 was recodified as RCW 68.05.400
pursuant to 1987 c 331 § 89.
68.05.095 Officers—Executive secretary. The board
shall elect annually a chairman and vice chairman and such
other officers as it shall determine from among its members.
The director, in consultation with the board, may employ and
prescribe the duties of the executive secretary. The executive
secretary shall have a minimum of five years' experience in
cemetery management unless this requirement is waived by
the board. [1987 c 331 § 8; 1953 c 290 § 34. Formerly RCW
68.05.070.]
68.05.095
business entities selling and persons and business entities
purchasing ownership or control of a cemetery authority shall
each verify and attest to an endowment care fund report
and/or a prearrangement trust fund report showing the status
of such funds on the date of the sale on a written report form
prescribed by the board. Such reports shall be considered part
of the application for authority to operate. Failure to comply
with this section shall be a gross misdemeanor and any sale or
transfer in violation of this section shall be void. [1987 c 331
§ 11; 1979 c 21 § 11; 1973 1st ex.s. c 68 § 17; 1969 ex.s. c 99
§ 5. Formerly RCW 68.05.255.]
68.05.120
68.05.120 Actions to enforce law—Attorney general.
The board is authorized to bring actions to enforce the provisions of the law subject to its jurisdiction, in which actions it
shall be represented by the attorney general. [1953 c 290 §
38.]
68.05.150
68.05.100 Rules and regulations. The board may
establish necessary rules and regulations for the enforcement
of this title and the laws subject to its jurisdiction and prescribe the form of statements and reports provided for in this
title. Rules regulating the cremation of human remains and
establishing permit requirements shall be adopted in consultation with the state board of funeral directors and embalmers. [1993 c 43 § 3; 1987 c 331 § 9; 1985 c 402 § 8; 1953 c
290 § 36.]
68.05.100
Effective date of 1993 c 43—1993 sp.s. c 24: See note following RCW
18.39.290.
Legislative finding—1985 c 402: See note following RCW 68.50.165.
68.05.105 Authority of the board. In addition to the
authority in RCW 18.235.030, the board has the following
authority:
(1) To adopt, amend, and rescind such rules as are
deemed necessary to carry out this title; and
(2) To adopt standards of professional conduct or practice. [2002 c 86 § 316; 1987 c 331 § 10.]
68.05.105
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.115 Sale or transfer of cemetery authority or
creation of a new cemetery—Application for new certificate of authority—Compliance required—Penalty. Prior
to the sale or transfer of ownership or control of any cemetery
authority or the creation of a new cemetery, any person, corporation or other legal entity desiring to acquire such ownership or control or desiring to create a new cemetery shall
apply in writing to the board for a new certificate of authority
to operate a cemetery and shall comply with all provisions of
Title 68 RCW relating to applications for, and the basis for
granting, an original certificate of authority. The board shall,
in addition, enter any order deemed necessary for the protection of all endowment care funds and/or prearrangement trust
fund during such transfer. As a condition of applying for a
new certificate of authority, the entity desiring to acquire
such ownership or control must agree to be bound by all then
existing prearrangement contracts and the board shall enter
that agreement as a condition of the transfer. Persons and
68.05.115
[Title 68 RCW—page 4]
68.05.150 Examination of funds—Powers, duties. In
making such examination the board:
(1) Shall have free access to the books and records relating to the endowment care funds, their collection and investment, and the number of graves, crypts, and niches under
endowment care;
(2) Shall inspect and examine the endowment care funds
to determine their condition and the existence of the investments;
(3) Shall ascertain if the cemetery authority has complied
with all the laws applicable to endowment care funds;
(4) Shall have free access to all records required to be
maintained pursuant to this chapter and to chapter 68.46
RCW with respect to prearrangement merchandise or services, unconstructed crypts or niches, or undeveloped graves;
and
(5) Shall ascertain if the cemetery authority has complied
with the laws applicable to prearrangement trust funds.
[1979 c 21 § 8; 1973 1st ex.s. c 68 § 14; 1953 c 290 § 44.]
68.05.155
68.05.155 Prearrangement sales license. To enter into
prearrangement contracts as defined in RCW 68.46.010, a
cemetery authority shall have a valid prearrangement sales
license. To apply for a prearrangement sales license, a cemetery authority shall:
(1) File with the board its request showing:
(a) Its name, location, and organization date;
(b) The kinds of cemetery business or merchandise it
proposes to transact;
(c) A statement of its current financial condition, management, and affairs on a form satisfactory to or furnished by
the board; and
(d) Such other documents, stipulations, or information as
the board may reasonably require to evidence compliance
with the provisions of this chapter; and
(2) Deposit with the department the fees required by this
chapter to be paid for filing the accompanying documents,
and for the prearrangement sales license, if granted. [1987 c
331 § 12; 1979 c 21 § 28. Formerly RCW 68.46.140.]
68.05.160
68.05.160 Action required when authority fails to
deposit minimum endowment amount or comply with
(2004 Ed.)
Cemetery Board
prearrangement contract provisions. If any examination
made by the board, or any report filed with it, shows that
there has not been collected and deposited in the endowment
care funds the minimum amounts required by this title, or if
the board finds that the cemetery authority has failed to comply with the requirements of this chapter and chapter 68.46
RCW with respect to prearrangement contracts, merchandise,
or services, unconstructed crypts or niches or undeveloped
graves, or prearrangement trust funds, the board shall require
such cemetery authority to comply with this chapter or with
chapter 68.40 or 68.46 RCW, as the case may be. [1979 c 21
§ 9; 1973 1st ex.s. c 68 § 15; 1953 c 290 § 45.]
68.05.190
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.173
68.05.173 Revocation, suspension of certificate or
prearrangement sales license. Upon violation of any of the
provisions of this title, the board may revoke or suspend the
certificate of authority and may revoke, suspend, or terminate
the prearrangement sales license of any cemetery authority.
[1987 c 331 § 24; 1953 c 290 § 49. Formerly RCW
68.05.250.]
68.05.175
68.05.170
68.05.170 Order requiring reinvestment in compliance with title—Actions for preservation and protection.
(1) Whenever the board finds, after notice and hearing, that
any endowment care funds have been invested in violation of
this title, it may by written order mailed to the person or body
in charge of the fund require the reinvestment of the funds in
conformity with this title within the period specified by it
which shall be not more than six months. Such period may be
extended by the board in its discretion.
(2) The board may bring actions for the preservation and
protection of endowment care funds in the superior court of
the county in which the cemetery is located and the court
shall appoint substitute trustees and make any other order
which may be necessary for the preservation, protection, and
recovery of endowment care funds, whenever a cemetery
authority or the trustees of its fund have:
(a) Transferred or attempted to transfer any property to,
or made any loan from, the endowment care funds for the
benefit of the cemetery authority or any director, officer,
agent or employee of the cemetery authority or trustee of any
endowment care funds; or,
(b) Failed to reinvest endowment care funds in accordance with a board order issued under subsection (1) of this
section; or,
(c) Invested endowment care funds in violation of this
title; or,
(d) Taken action or failed to take action to preserve and
protect the endowment care funds, evidencing a lack of concern therefor; or,
(e) Become financially irresponsible or transferred control of the cemetery authority to any person who, or business
entity which, is financially irresponsible; or,
(f) Is in danger of becoming insolvent or has gone into
bankruptcy or receivership; or,
(g) Taken any action in violation of Title 68 RCW or
failed to take action required by Title 68 RCW or has failed
to comply with lawful rules and orders of the board.
(3) Whenever the board or its representative has reason
to believe that endowment care funds or prearrangement trust
funds are in danger of being lost or dissipated during the time
required for notice and hearing, it may immediately impound
or seize documents, financial instruments, or other trust fund
assets, or take other actions deemed necessary under the circumstances for the preservation and protection of endowment
care funds or prearrangement trust funds, including, but not
limited to, immediate substitutions of trustees. [2002 c 86 §
317; 1987 c 331 § 23; 1969 ex.s. c 99 § 1; 1953 c 290 § 46.]
(2004 Ed.)
68.05.175 Permit or endorsement required for cremation—Regulation of affiliated and nonaffiliated crematories. A permit or endorsement issued by the cemetery
board or under chapter 18.39 RCW is required in order to
operate a crematory or conduct a cremation. Crematories
owned or operated by or located on property licensed as a
funeral establishment shall be regulated by the board of
funeral directors and embalmers. Crematories not affiliated
with a funeral establishment shall be regulated by the cemetery board. [1987 c 331 § 13; 1985 c 402 § 4. Formerly RCW
68.05.257.]
Legislative finding—1985 c 402: See note following RCW 68.50.165.
68.05.180
68.05.180 Annual report of authority—Contents—
Verification. Each cemetery authority in charge of cemetery
endowment care funds shall annually, and within ninety days
after the end of the calendar or fiscal year of the cemetery
authority, file with the board a written report in form and content prescribed by the board.
These reports shall be verified by the president or vice
president, one other officer of the cemetery authority, the
accountant or auditor preparing the same, and, if required by
the board for good cause, a certified public accountant in
accordance with generally accepted auditing standards.
[1979 c 21 § 10; 1977 ex.s. c 351 § 3; 1973 1st ex.s. c 68 § 16;
1953 c 290 § 40.]
Severability—1977 ex.s. c 351: See note following RCW 68.05.040.
68.05.185
68.05.185 Requirements as to crematories. No crematory shall hereafter be constructed or established unless
the crematory is of fireproof construction and there is in connection therewith a fireproof columbarium, a fireproof mausoleum, a fireproof room for temporary care of cremated
remains or a burial park amply equipped at all times for the
interment of remains of bodies cremated at the crematory. No
crematorium may be operated without a valid permit or
endorsement issued in accordance with RCW 68.05.175 or
chapter 18.39 RCW. Nothing herein contained shall prevent
existing crematories from being repaired, altered, or reconstructed. Nothing in this title shall prohibit the cremation of
human remains in existing crematories, nor the temporary
storage of cremated remains. [1987 c 331 § 14; 1943 c 247 §
56; Rem. Supp. 1943 § 3778-56. Formerly RCW 68.48.050.]
68.05.190
68.05.190 Examination of reports. The board shall
examine the reports filed with it as to their compliance with
the requirements of the law. [1953 c 290 § 41.]
[Title 68 RCW—page 5]
68.05.195
Title 68 RCW: Cemeteries, Morgues, and Human Remains
68.05.195
68.05.195 Burial or disposal of cremated remains—
Permit or endorsement required. Any person other than
persons defined in RCW 68.50.160 who buries or otherwise
disposes of cremated remains by land, by air, or by sea shall
have a permit or endorsement issued in accordance with
RCW 68.05.100 and shall be subject to that section. [1987 c
331 § 15.]
The director, in accordance with RCW 43.24.086, shall
set and the department shall collect in advance the fees
required for licensing.
Failure to pay the regulatory charge fixed by the director
before the first day of February for any year shall automatically suspend the license. Such license may be restored upon
payment to the department of the prescribed charges. [1987
c 331 § 18; 1979 c 21 § 29. Formerly RCW 68.46.180.]
68.05.205
68.05.205 Fees. The director with the consent of the
cemetery board shall set all fees for chapters 68.05, 68.20,
68.24, 68.28, 68.32, 68.36, 68.40, 68.44, and 68.46 RCW in
accordance with RCW 43.24.086, including fees for licenses,
certificates, regulatory charges, permits, or endorsements,
and the department shall collect the fees. [1993 c 43 § 4;
1987 c 331 § 16; 1983 1st ex.s. c 5 § 1; 1977 ex.s. c 351 § 4;
1969 ex.s. c 99 § 4; 1953 c 290 § 51. Formerly RCW
68.05.230.]
Effective date of 1993 c 43—1993 sp.s. c 24: See note following RCW
18.39.290.
Severability—1983 1st ex.s. c 5: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 5 § 3.]
Severability—1977 ex.s. c 351: See note following RCW 68.05.040.
68.05.210
68.05.210 Proof of applicant's compliance with law,
rules, etc., financial responsibility and reputation. The
board may require such proof as it deems advisable concerning the compliance by such applicant to all the laws, rules,
regulations, ordinances and orders applicable to it. The board
shall also require proof that the applicant and its officers and
directors are financially responsible, trustworthy and have
good personal and business reputations, in order that only
cemeteries of permanent benefit to the community in which
they are located will be established in this state. [1969 ex.s. c
99 § 2; 1953 c 290 § 48.]
68.05.215
68.05.215 Certificates—Regulatory charges, when
payable—Duration—Suspension, restoration—Transferability. The regulatory charges for cemetery certificates at
all periods of the year are the same as provided in this chapter. All regulatory charges are payable at the time of the filing
of the application and in advance of the issuance of the certificates. All certificates shall be issued for the year and shall
expire at midnight, the thirty-first day of January of each
year, or at whatever time during any year that ownership or
control of any cemetery authority is transferred or sold. Cemetery certificates shall not be transferable. Failure to pay the
regulatory charge fixed by the director prior to the first day of
February for any year automatically shall suspend the certificate of authority. Such certificate may be restored upon payment to the department of the prescribed charges. [1987 c
331 § 17; 1969 ex.s. c 99 § 3; 1953 c 290 § 50. Formerly
RCW 68.05.220.]
68.05.225
68.05.225 Sales licenses—Terms—Fees. All prearrangement sales licenses issued under this chapter shall be
issued for the year and shall expire at midnight, the thirtyfirst day of January of each year, or at whatever time during
any year that ownership or control of any cemetery authority
is transferred or sold.
[Title 68 RCW—page 6]
68.05.235
68.05.235 Financial statements—Failure to file. (1)
Each authorized cemetery authority shall within ninety days
after the close of its accounting year file with the board upon
the board's request a true and accurate statement of its financial condition, transactions, and affairs for the preceding
year. The statement shall be on such forms and shall contain
such information as required by this chapter and by the board.
(2) The failure to file a statement as required under subsection (1) of this section constitutes unprofessional conduct
for which the board may take disciplinary action against the
prearrangement sales license of the cemetery authority. In
addition, the board may take disciplinary action against any
other license held by the cemetery authority. [2002 c 86 §
318; 1987 c 331 § 19; 1979 c 21 § 37. Formerly RCW
68.46.095.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.240
68.05.240 Interment, certificate of authority
required—Penalty. It shall be a misdemeanor for any cemetery authority to make any interment without a valid, subsisting, and unsuspended certificate of authority. Each interment shall be a separate violation. [1953 c 290 § 52.]
68.05.245
68.05.245 Crematory permits or endorsements—
Terms—Fees. All crematory permits or endorsements
issued under this chapter shall be issued for the year and shall
expire at midnight, the thirty-first day of January of each
year, or at whatever time during any year that ownership or
control of any cemetery authority which operates such crematory is transferred or sold.
The director shall set and the department shall collect in
advance the fees required for licensing.
Failure to pay the regulatory charge fixed by the director
before the first day of February for any year shall automatically suspend the permit or endorsement. Such permit or
endorsement may be restored upon payment to the department of the prescribed charges. [1987 c 331 § 20.]
68.05.254
68.05.254 Examination of endowment funds and prearrangement trust funds—Expense—Location. (1) The
board shall examine the endowment care and prearrangement
trust fund or funds of a cemetery authority:
(a) Whenever it deems necessary, but at least once every
three years after the original examination except where the
cemetery authority is either required by the board to, or voluntarily files an annual financial report for the fund certified
by a certified public accountant or a licensed public accountant in accordance with generally accepted auditing standards;
(2004 Ed.)
Cemetery Board
(b) One year following the issuance of a new certificate
of authority;
(c) Whenever the cemetery authority in charge of
endowment care or prearrangement trust fund or funds fails
after reasonable notice from the board to file the reports
required by this chapter; or
(d) Whenever it is requested by verified petition signed
by twenty-five lot owners alleging that the endowment care
funds are not in compliance with this title, or whenever it is
requested by verified petition signed by twenty-five purchasers or beneficiaries of prearrangement merchandise or services alleging that the prearrangement trust funds are not in
compliance with this title, in either of which cases, the examination shall be at the expense of the petitioners.
(2) The expense of the endowment care and prearrangement trust fund examination as provided in subsection (1)(a)
and (b) of this section shall be paid by the cemetery authority.
Such examination shall be privately conducted in the principal office of the cemetery authority.
(3) The requirements that examinations be conducted
once every three years and that they be conducted in the principal office of the cemetery authority do not apply to any
endowment care or prearrangement fund that is less than
twenty-five thousand dollars. The board shall, at its discretion, decide when and where the examinations shall take
place. [1987 c 331 § 21; 1979 c 21 § 7; 1973 1st ex.s. c 68 §
12; 1953 c 290 § 42. Formerly RCW 68.05.130.]
68.05.320
shall defend, indemnify, and hold the members of the board
harmless from all claims or suits arising in any manner from
such acts. Expenses incurred by the state under this section
shall be paid from the general fund. [1979 c 21 § 12.]
68.05.300
68.05.300 Unprofessional conduct—Disciplinary
action. In addition to the unprofessional conduct described
in RCW 18.235.130, the board may take disciplinary action if
the cemetery authority:
(1) Fails to comply with any provision of this chapter or
any proper order or regulation of the board;
(2) Is found by the board to be in such condition that further execution of prearrangement contracts would be hazardous to purchasers or beneficiaries and the people of this state;
or
(3) Is found by the board after investigation or receipt of
reliable information to be managed by persons who are
incompetent or untrustworthy or so lacking in managerial
experience as to make the proposed or continued operation
hazardous to purchasers, beneficiaries, or the public. [2002 c
86 § 320; 1987 c 331 § 25; 1979 c 21 § 30. Formerly RCW
68.46.190.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.310
68.05.310 Prearrangement sales—Disciplinary
action. No cemetery authority whose prearrangement sales
license has been the subject of disciplinary action shall be
authorized to enter into prearrangement contracts unless specifically authorized by the board and only upon full compliance with the conditions required by the board. Any prearrangement sale by an unlicensed cemetery authority shall be
voidable by the purchaser who shall be entitled to a full
refund. [2002 c 86 § 321; 1989 c 175 § 124; 1987 c 331 § 26;
1979 c 21 § 31. Formerly RCW 68.46.200.]
68.05.259 Examination expense—Effect of refusal to
pay—Disposition. If any cemetery authority refuses to pay
any examination expenses within thirty days of completion of
the examination or refuses to pay certain examination
expenses in advance as required by the department for cause,
the board may take disciplinary action against any existing
certificate of authority. Examination expenses incurred in
conjunction with a transfer of ownership of a cemetery shall
be paid by the selling entity. All examination expense moneys collected by the department shall be paid to the program
account. [2002 c 86 § 319; 1987 c 331 § 22; 1973 1st ex.s. c
68 § 13; 1953 c 290 § 43. Formerly RCW 68.05.140.]
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Effective date—1989 c 175: See note following RCW 34.05.010.
68.05.259
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.285 "Cemetery fund." There shall be, in the
office of the state treasurer, a fund to be known and designated as the "cemetery fund." All regulatory fees or other
moneys to be paid under this chapter, unless provision be
made otherwise, shall be paid at least once a month to the
state treasurer to be credited to the cemetery fund. All moneys credited to the cemetery fund shall be used, when appropriated by the legislature, by the cemetery board to carry out
the provisions of this chapter. [1953 c 290 § 29. Formerly
RCW 68.05.270.]
68.05.285
Cemetery fund abolished and moneys transferred to cemetery account in
state treasury: RCW 43.79.330 through 43.79.334.
68.05.290 Board members' immunity from suits.
Members of the board shall be immune from suit in any
action, civil or criminal, based upon any official acts performed in good faith as members of such board, and the state
68.05.290
(2004 Ed.)
Effective dates—2002 c 86: See note following RCW 18.08.340.
68.05.320
68.05.320 Board action against authorities—Administrative procedures. (1) The board or its authorized representative may issue and serve upon a cemetery authority a
notice of charges if in the opinion of the board or its authorized representative the cemetery authority:
(a) Is engaging in or has engaged in practices likely to
endanger the future delivery of cemetery merchandise or services, unconstructed crypts or niches, or undeveloped graves;
(b) Is violating or has violated any statute of the state of
Washington or any rule of the board; or
(c) Is about to do an act prohibited in (a) or (b) of this
subsection when the opinion is based upon reasonable cause.
(2) The notice shall contain a statement of the facts constituting the alleged violation or practice and shall fix a time
and place at which a hearing will be held to determine
whether an order to cease and desist should issue against the
cemetery authority. The hearing shall be set not earlier than
ten nor later than thirty days after service of the notice unless
[Title 68 RCW—page 7]
68.05.330
Title 68 RCW: Cemeteries, Morgues, and Human Remains
a later date is set by the board or its authorized representative
at the request of the cemetery authority.
Unless the cemetery authority appears at the hearing by
a duly authorized representative it shall be deemed to have
consented to the issuance of a cease and desist order. In the
event of this consent or if upon the record made at the hearing
the board finds that any violation or practice specified in the
notice of charges has been established, the board may issue
and serve upon the cemetery authority an order to cease and
desist from the violation or practice. The order may require
the cemetery authority and its directors, officers, employees,
and agents to cease and desist from the violation or practice
and may require the cemetery authority to take affirmative
action to correct the conditions resulting from the violation or
practice.
(3) A cease and desist order shall become effective at the
expiration of ten days after service of the order upon the cemetery authority except that a cease and desist order issued
upon consent shall become effective as provided in the order
unless it is stayed, modified, terminated, or set aside by
action of the board or a reviewing court.
(4) The powers of the board under this section are in
addition to the power of the board to take disciplinary action
against a cemetery authority's prearrangement sales license.
[2002 c 86 § 322; 1979 c 21 § 32. Formerly RCW 68.46.220.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.330 Violation—Penalty—Unfair practice—
Other laws applicable. Unless specified otherwise in this
title, any person who violates or aids or abets any person in
the violation of any of the provisions of this title shall be
guilty of a class C felony punishable under chapter 9A.20
RCW. A violation shall constitute an unfair practice under
chapter 19.86 RCW and shall be grounds for disciplinary
action against the certificate of authority under this chapter
and chapter 18.235 RCW or disciplinary action against the
prearrangement sales license under this chapter and chapter
18.235 RCW. Retail installment transactions under this chapter shall be governed by chapter 63.14 RCW. The provisions
of this chapter shall be cumulative and nonexclusive and
shall not affect any other remedy available at law. [2002 c 86
§ 323; 1987 c 331 § 27; 1984 c 53 § 6; 1979 c 21 § 39. Formerly RCW 68.46.210.]
68.05.330
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.340 Board action against authorities—Cease
and desist orders. Whenever the board or its authorized representative determines that a cemetery authority is in violation of this title, other than engaging in unlicensed activity, or
that the continuation of acts or practices of the cemetery
authority is likely to cause insolvency or substantial dissipation of assets or earnings of the cemetery authority's endowment care or prearrangement trust fund or to otherwise seriously prejudice the interests of the purchasers or beneficiaries
of prearrangement contracts, the board, or its authorized representative, may issue a temporary order requiring the cemetery authority to cease and desist from the violation or prac68.05.340
[Title 68 RCW—page 8]
tice. The order shall become effective upon service on the
cemetery authority and shall remain effective unless set
aside, limited, or suspended by a court in proceedings under
RCW 68.05.350 or until the board dismisses the charges
specified in the notice under RCW 68.05.320 or until the
effective date of a cease and desist order issued against the
cemetery authority under RCW 68.05.320. Actions for unlicensed activity must be conducted under RCW 18.235.150.
[2002 c 86 § 324; 1987 c 331 § 28; 1979 c 21 § 33. Formerly
RCW 68.46.230.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.350
68.05.350 Delaying board action pending administrative proceedings. Within ten days after a cemetery
authority has been served with a temporary cease and desist
order issued under RCW 68.05.320, the cemetery authority
may apply to the superior court in the county of its principal
place of business for an injunction setting aside, limiting, or
suspending the order pending completion of the administrative proceedings under RCW 68.05.320. [2002 c 86 § 325;
1987 c 331 § 29; 1979 c 21 § 34. Formerly RCW 68.46.240.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.360
68.05.360 Board action against authorities—Hearing
location—Decision—Review. Any administrative hearing
under RCW 68.05.320 may be held at such place as is designated by the board and shall be conducted in accordance with
chapter 34.05 RCW.
Within sixty days after the hearing the board shall render
a decision which shall include findings of fact upon which the
decision is based and shall issue and serve upon each party to
the proceeding an order or orders consistent with RCW
68.05.320.
Review of the decision shall be as provided in chapter
34.05 RCW. [1987 c 331 § 30; 1979 c 21 § 35. Formerly
RCW 68.46.250.]
68.05.370
68.05.370 Board action against authorities—
Enforcement of orders. The board may apply to the superior court of the county of the principal place of business of
the cemetery authority affected for enforcement of any effective and outstanding order issued under RCW 68.05.320 or
68.05.340, and the court shall have jurisdiction to order compliance with the order. [1987 c 331 § 31; 1979 c 21 § 36. Formerly RCW 68.46.260.]
68.05.390
68.05.390 Permit or endorsement required for cremation—Penalty. Conducting a cremation without a permit
or endorsement is a misdemeanor. Each such cremation is a
violation. [1987 c 331 § 32.]
68.05.400
68.05.400 Exemptions from chapter. The provisions
of this chapter do not apply to any of the following:
(1) Nonprofit cemeteries which are owned or operated
by any recognized religious denomination which qualifies for
an exemption from real estate taxation under RCW 84.36.020
(2004 Ed.)
Private Cemeteries
on any of its churches or the ground upon which any of its
churches are or will be built; or
(2) Any cemetery controlled and operated by a coroner,
county, city, town, or cemetery district. [1979 c 21 § 13;
1961 c 133 § 1; 1953 c 290 § 30. Formerly RCW 68.05.280.]
68.05.430
68.05.430 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 326.]
68.20.063
§ 43; Rem. Supp. 1943 § 3778-43. Prior: 1899 c 33 § 1;
1856-7 p 28 § 1.]
68.20.030
68.20.030 Powers of existing corporations enlarged.
The powers, privileges and duties conferred and imposed
upon any corporation, firm, copartnership, association, trust,
or individual, existing and doing business under the laws of
this state, are hereby enlarged as each particular case may
require to conform to the provisions of *this act. [1943 c 247
§ 45; Rem. Supp. 1943 § 3778-45.]
*Reviser's note: For "this act," see note following RCW 68.04.020.
Effective dates—2002 c 86: See note following RCW 18.08.340.
68.20.040
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.900
68.05.900 Effective date—1987 c 331. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect July 1, 1987.
[1987 c 331 § 91.]
Chapter 68.20
Chapter 68.20 RCW
PRIVATE CEMETERIES
Sections
68.20.010
68.20.020
68.20.030
68.20.040
68.20.050
68.20.060
68.20.061
68.20.062
68.20.063
68.20.064
68.20.065
68.20.066
68.20.067
68.20.070
68.20.080
68.20.090
68.20.110
68.20.120
68.20.130
68.20.140
Incorporation required.
Corporations, how organized.
Powers of existing corporations enlarged.
Prior corporations not affected.
General powers of cemetery corporations.
Specific powers—Rule making and enforcement.
Specific powers—Control of property.
Specific powers—Regulation as to type of markers, monuments, etc.
Specific powers—Regulation or prohibition as to the erection
of monuments, effigies, etc.
Specific powers—Regulation of plants and shrubs.
Specific powers—Prevention of interment.
Specific powers—Prevention of improper assemblages.
Specific powers—Rules and regulations for general purposes.
Rules and regulations—Posting.
Cities and counties may regulate cemeteries.
Permit required, when.
Nonprofit cemetery association—Tax exempt land—Irreducible fund—Bonds.
Sold lots exempt from taxes, etc.—Nonprofit associations.
Ground plans.
Certain cemeteries exempt from chapter.
68.20.010
68.20.010 Incorporation required. It is unlawful for
any corporation, copartnership, firm, trust, association, or
individual to engage in or transact any of the businesses of a
cemetery within this state except by means of a corporation
duly organized for that purpose. [1943 c 247 § 42; Rem.
Supp. 1943 § 3778-42.]
68.20.020
68.20.020 Corporations, how organized. Any private
corporation authorized by its articles so to do, may establish,
maintain, manage, improve, or operate a cemetery, and conduct any or all of the businesses of a cemetery, either for or
without profit to its members or stockholders. A nonprofit
cemetery corporation may be organized in the manner provided in chapter 24.03 RCW. A profit corporation may be
organized in the manner provided in the general corporation
laws of the state of Washington. [1983 c 3 § 167; 1943 c 247
(2004 Ed.)
68.20.040 Prior corporations not affected. The provisions of *this act do not affect the corporate existence or
rights or powers of any cemetery organized under any law
then existing prior to June 9, 1943, and as to such cemeteries
and their rights, powers specified in their charters or articles
of incorporation, the laws under which the corporation was
organized and existed and under which such rights and powers become fixed or vested are applicable. [1943 c 247 § 44;
Rem. Supp. 1943 § 3778-44.]
*Reviser's note: For "this act," see note following RCW 68.04.020.
68.20.050
68.20.050 General powers of cemetery corporations.
Unless otherwise limited by the law under which created[,]
cemetery authorities shall in the conduct of their business
have the same powers granted by law to corporations in general, including the right to contract such pecuniary obligations within the limitation of general law as may be required,
and may secure them by mortgage, deed of trust, or otherwise
upon their property. [1943 c 247 § 59; Rem. Supp. 1943 §
3778-59.]
68.20.060
68.20.060 Specific powers—Rule making and
enforcement. A cemetery authority may make, adopt,
amend, add to, revise, or modify, and enforce rules and regulations for the use, care, control, management, restriction and
protection of all or any part of its cemetery and for the other
purposes specified in RCW 68.20.061 through 68.20.067,
68.20.070 and *68.48.080. [1943 c 247 § 46; Rem. Supp.
1943 § 3778-46. Formerly RCW 68.20.070, part. FORMER
PART OF SECTION: 1943 c 247 §§ 47 through 52 now codified as RCW 68.20.061 through 68.20.066.]
*Reviser's note: RCW 68.48.080 was recodified as RCW 68.56.050
pursuant to 1987 c 331 § 89.
68.20.061
68.20.061 Specific powers—Control of property. It
may restrict and limit the use of all property within its cemetery. [1943 c 247 § 47; Rem. Supp. 1943 § 3778-47. Formerly RCW 68.20.060, part.]
68.20.062
68.20.062 Specific powers—Regulation as to type of
markers, monuments, etc. It may regulate the uniformity,
class, and kind of all markers, monuments, and other structures within the cemetery and its subdivisions. [1943 c 247 §
48; Rem. Supp. 1943 § 3778-48. Formerly RCW 68.20.060,
part.]
68.20.063
68.20.063 Specific powers—Regulation or prohibition as to the erection of monuments, effigies, etc. It may
[Title 68 RCW—page 9]
68.20.064
Title 68 RCW: Cemeteries, Morgues, and Human Remains
regulate or prohibit the erection of monuments, markers, effigies, and structures within any portion of the cemetery.
[1943 c 247 § 49; Rem. Supp. 1943 § 3778-49. Formerly
RCW 68.20.060, part.]
68.20.064
68.20.064 Specific powers—Regulation of plants and
shrubs. It may regulate or prevent the introduction or care of
plants or shrubs within the cemetery. [1943 c 247 § 50; Rem.
Supp. 1943 § 3778-50. Formerly RCW 68.20.060, part.]
68.20.065
68.20.065 Specific powers—Prevention of interment.
It may prevent interment in any part of the cemetery of
human remains not entitled to interment and prevent the use
of interment plots for purposes violative of its restrictions or
rules and regulations. [1943 c 247 § 51; Rem. Supp. 1943 §
3778-51. Formerly RCW 68.20.060, part.]
68.20.066
68.20.066 Specific powers—Prevention of improper
assemblages. It may regulate the conduct of persons and
prevent improper assemblages in the cemetery. [1943 c 247
§ 52; Rem. Supp. 1943 § 3778-52. Formerly RCW
68.20.060, part.]
68.20.067
68.20.067 Specific powers—Rules and regulations
for general purposes. It may make and enforce rules and
regulations for all other purposes deemed necessary by the
cemetery authority for the proper conduct of the business of
the cemetery, for the transfer of any plot or the right of interment, and the protection and safeguarding of the premises,
and the principles, plans, and ideals on which the cemetery is
conducted. [1943 c 247 § 53; Rem. Supp. 1943 § 3778-53.
Formerly RCW 68.20.070, part.]
68.20.070
68.20.070 Rules and regulations—Posting. The rules
and regulations made pursuant to RCW 68.20.060 shall be
plainly printed or typewritten and maintained subject to
inspection in the office of the cemetery authority or in such
place or places within the cemetery as the cemetery authority
may prescribe. [1943 c 247 § 54; Rem. Supp. 1943 § 377854. FORMER PART OF SECTION: 1943 c 247 §§ 46 and
53 now codified as RCW 68.20.060 and 68.20.067.]
68.20.080
68.20.080 Cities and counties may regulate cemeteries. Cities and counties are authorized to enact ordinances
regulating or prohibiting the establishment of new cemeteries
or the extension of existing ones and to give power to local
planning commissions to pass upon and make recommendations to local legislative bodies concerning the establishment
or extension of cemeteries. [1943 c 247 § 143; Rem. Supp.
1943 § 3778-143.]
Section applies to certain mausoleums, columbariums, etc.: RCW
68.28.010.
visions governing the same. [1943 c 247 § 144; Rem. Supp.
1943 § 3778-144.]
Section applies to certain mausoleums, columbariums, etc.: RCW
68.28.010.
68.20.110
68.20.110 Nonprofit cemetery association—Tax
exempt land—Irreducible fund—Bonds. *Such association shall be authorized to purchase or take by gift or devise,
and hold land exempt from execution and from any appropriation to public purposes for the sole purpose of a cemetery
not exceeding eighty acres, which shall be exempt from taxation if intended to be used exclusively for burial purposes
without discrimination as to race, color, national origin or
ancestry, and in nowise with a view to profit of the members
of such association: PROVIDED, That when the land
already held by the association is all practically used then the
amount thereof may be increased by adding thereto not
exceeding twenty acres at a time. Such association may by its
bylaws provide that a stated percentage of the moneys realized from the sale of lots, donations or other sources of revenue, shall constitute an irreducible fund, which fund may be
invested in such manner or loaned upon such securities as the
association or the trustees thereof may deem proper. The
interest or income arising from the irreducible fund, provided
for in any bylaws, or so much thereof as may be necessary,
shall be devoted exclusively to the preservation and embellishment of the lots sold to the members of such association,
and where any bylaws has been enacted for the creation of an
irreducible fund as herein provided for it cannot thereafter be
amended in any manner whatever except for the purpose of
increasing such fund. After paying for the land all the future
receipts and income of such association subject to the provisions herein for the creation of an irreducible fund, whether
from the sale of lots, from donations, rents or otherwise, shall
be applied exclusively to laying out, preserving, protecting
and embellishing the cemetery and the avenues leading
thereto, and in the erection of such buildings as may be necessary or convenient for the cemetery purposes, and to paying
the necessary expenses of the association. No debts shall be
contracted in anticipation of any future receipts except for
originally purchasing, laying out and embellishing the
grounds and avenues, for which debts so contracted such
association may issue bonds or notes and secure the same by
way of mortgage upon any of its lands, excepting such lots as
shall have been conveyed to the members thereof; and such
association shall have power to adopt such rules and regulations as they shall deem expedient for disposing of and for
conveying burial lots. [1961 c 103 § 2; 1899 c 33 § 3; RRS §
3766. Formerly RCW 68.20.110 and 68.24.200.]
*Reviser's note: The term "Such association" appears in 1899 c 33,
which provided for the creation of cemetery associations under 1895 c 158
which was codified in chapter 24.16 RCW. Chapter 24.16 RCW was
repealed by the Washington Nonprofit Corporation Act, 1967 c 235, chapter
24.03 RCW.
Construction—1961 c 103: See note following RCW 49.60.040.
68.20.090
68.20.090 Permit required, when. It shall be unlawful
for any person, firm, or corporation to establish or maintain
any cemetery or to extend the boundaries of any existing
cemetery in this state without a permit first having been
applied for and permission obtained in accordance with the
city and county ordinance and other zoning or statutory pro[Title 68 RCW—page 10]
Property taxes, exemptions: RCW 84.36.020.
68.20.120
68.20.120 Sold lots exempt from taxes, etc.—Nonprofit associations. Burial lots, sold by *such association
shall be for the sole purpose of interment, and shall be exempt
from taxation, execution, attachment or other claims, lien or
(2004 Ed.)
Cemetery Property
process whatsoever, if used as intended, exclusively for
burial purposes and in nowise with a view to profit. [1899 c
33 § 5; RRS § 3768. Formerly RCW 68.24.210.]
*Reviser's note: For "such association," see note following RCW
68.20.110.
Cemetery property exempt from
execution: RCW 68.24.220.
taxation: RCW 84.36.020.
68.20.130
68.20.130 Ground plans. All *such associations shall
cause a plan of their grounds and of the blocks and lots by
them laid out, to be made and recorded, such blocks and lots
to be numbered by regular consecutive numbers, and shall
have power to enclose, improve and adorn the grounds and
avenues, to erect buildings for the use of the association and
to prescribe rules for the designation and adorning of lots and
for erecting monuments in the cemetery, and to prohibit any
use, division, improvement or adornment of a lot which they
may deem improper. An annual exhibit shall be made of the
affairs of the association. The plan, or plat, hereinbefore
required, shall be recorded by the proper county auditor for a
fee not to exceed ten cents a lot, and if the actual cost of
recording the same shall be less than ten cents a lot, then said
auditor shall record the same at the actual cost thereof. [1905
c 64 § 1; 1899 c 33 § 6; RRS § 3769. Formerly RCW
68.24.230.]
*Reviser's note: For "such associations," see note following RCW
68.20.110.
County auditor's fees, generally: RCW 36.18.010.
68.20.140 Certain cemeteries exempt from chapter.
This chapter does not apply to any cemetery controlled and
operated by a coroner, county, city, town, or cemetery district. [1987 c 331 § 33.]
68.20.140
Effective date—1987 c 331: See RCW 68.05.900.
Chapter 68.24
Chapter 68.24 RCW
CEMETERY PROPERTY
Sections
68.24.010
68.24.020
68.24.030
68.24.040
68.24.050
68.24.060
68.24.070
68.24.080
68.24.090
68.24.100
68.24.110
68.24.115
68.24.120
68.24.130
68.24.140
68.24.150
68.24.160
68.24.170
68.24.175
68.24.180
68.24.190
68.24.220
68.24.240
(2004 Ed.)
erty consisting of lands, mausoleums, crematories, and
columbariums, or other property within which the interment
of the dead may be authorized by law. [1943 c 247 § 61;
Rem. Supp. 1943 § 3778-61.]
68.24.020
68.24.020 Surveys and maps. Every cemetery authority, from time to time as its property may be required for cemetery purposes, shall:
(1) In case of land, survey and subdivide it into sections,
blocks, plots, avenues, walks, or other subdivisions; make a
good and substantial map or plat showing the sections, plots,
avenues, walks or other subdivisions, with descriptive names
or numbers.
(2) In case of a mausoleum, or columbarium, it shall
make a good and substantial map or plat on which shall be
delineated the sections, halls, rooms, corridors, elevation, and
other divisions, with descriptive names or numbers. [1943 c
247 § 62; Rem. Supp. 1943 § 3778-62.]
68.24.030
68.24.030 Declaration of dedication and maps—Filing. The cemetery authority shall file the map or plat in the
office of the recorder of the county in which all or a portion
of the property is situated. The cemetery authority shall also
file for record in the county recorder's office a written declaration of dedication of the property delineated on the plat or
map, dedicating the property exclusively to cemetery purposes. [1943 c 247 § 63; Rem. Supp. 1943 § 3778-63.]
County auditor: Chapter 36.22 RCW.
County auditor fees, generally: RCW 36.18.010.
68.24.040
68.24.040 Dedication, when complete. Upon the filing
of the map or plat and the filing of the declaration for record,
the dedication is complete for all purposes and thereafter the
property shall be held, occupied, and used exclusively for a
cemetery and for cemetery purposes. [1943 c 247 § 64; Rem.
Supp. 1943 § 3778-64.]
68.24.050
Right to acquire property.
Surveys and maps.
Declaration of dedication and maps—Filing.
Dedication, when complete.
Constructive notice.
Maps and plats—Amendment.
Permanency of dedication.
Rule against perpetuities, etc., inapplicable.
Removal of dedication—Procedure.
Notice of hearing.
Sale of plots.
Execution of conveyances.
Plots indivisible.
Sale for resale prohibited—Penalty.
Commission on sales prohibited—Penalty.
Employment of "runners" prohibited—Penalty.
Liens subordinate to dedication.
Record of ownership and transfers.
Inspection of records.
Opening of roads, railroads through cemetery—Consent
required—Exception.
Opening road through cemetery—Penalty.
Burying place exempt from execution.
Certain cemetery lands exempt from taxes, etc.—1901 c 147.
68.24.010 Right to acquire property. Cemetery
authorities may take by purchase, donation or devise, prop68.24.010
68.24.070
68.24.050 Constructive notice. The filed map or plat
and the recorded declaration are constructive notice to all persons of the dedication of the property to cemetery purposes.
[1943 c 247 § 66; Rem. Supp. 1943 § 3778-66.]
68.24.060
68.24.060 Maps and plats—Amendment. Any part or
subdivision of the property so mapped and plotted may, by
order of the directors, be resurveyed and altered in shape and
size and an amended map or plat filed, so long as such change
does not disturb the interred remains of any deceased person.
[1943 c 247 § 65; Rem. Supp. 1943 § 3778-65.]
68.24.070
68.24.070 Permanency of dedication. After property
is dedicated to cemetery purposes pursuant to RCW
68.24.010 through 68.24.060, neither the dedication, nor the
title of a plot owner, shall be affected by the dissolution of the
cemetery authority, by nonuser on its part, by alienation of
the property, by any incumbrances, by sale under execution,
or otherwise except as provided in *this act. [1943 c 247 §
67; Rem. Supp. 1943 § 3778-67.]
*Reviser's note: For "this act," see note following RCW 68.04.020.
[Title 68 RCW—page 11]
68.24.080
Title 68 RCW: Cemeteries, Morgues, and Human Remains
68.24.080
68.24.080 Rule against perpetuities, etc., inapplicable. Dedication to cemetery purposes pursuant to *this act is
not invalid as violating any laws against perpetuities or the
suspension of the power of alienation of title to or use of
property, but is expressly permitted and shall be deemed to be
in respect for the dead, a provision for the interment of human
remains, and a duty to, and for the benefit of, the general public. [1943 c 247 § 68; Rem. Supp. 1943 § 3778-68.]
OF SECTION: 1943 c 247 § 72 now codified as RCW
68.24.115.]
68.24.115
68.24.115 Execution of conveyances. All conveyances
made by a cemetery authority shall be signed by such officer
or officers as are authorized by the cemetery authority. [1943
c 247 § 72; Rem. Supp. 1943 § 3778-72. Formerly RCW
68.24.110, part.]
*Reviser's note: For "this act," see note following RCW 68.04.020.
68.24.120
68.24.090
68.24.090 Removal of dedication—Procedure. Property dedicated to cemetery purposes shall be held and used
exclusively for cemetery purposes, unless and until the dedication is removed from all or any part of it by an order and
decree of the superior court of the county in which the property is situated, in a proceeding brought by the cemetery
authority for that purpose and upon notice of hearing and
proof satisfactory to the court:
(1) That no interments were made in or that all interments have been removed from that portion of the property
from which dedication is sought to be removed.
(2) That the portion of the property from which dedication is sought to be removed is not being used for interment
of human remains.
(3) That notice of the proposed removal of dedication
has been given in writing to both the cemetery board and the
office of archaeology and historic preservation. This notice
must be given at least sixty days before filing the proceedings
in superior court. The notice of the proposed removal of dedication shall be recorded with the auditor or recording officer
of the county where the cemetery is located at least sixty days
before filing the proceedings in superior court. [1999 c 367 §
2; 1987 c 331 § 34; 1943 c 247 § 76; Rem. Supp. 1943 §
3778-76.]
Effective date—1987 c 331: See RCW 68.05.900.
68.24.100
68.24.100 Notice of hearing. The notice of hearing
provided in RCW 68.24.090 shall be given by publication
once a week for at least three consecutive weeks in a newspaper of general circulation in the county where said cemetery
is located, and the posting of copies of the notice in three conspicuous places on that portion of the property from which
the dedication is to be removed. Said notice shall:
(1) Describe the portion of the cemetery property sought
to be removed from dedication.
(2) State that all remains have been removed or that no
interments have been made in the portion of the cemetery
property sought to be removed from dedication.
(3) Specify the time and place of the hearing. [1943 c
247 § 77; Rem. Supp. 1943 § 3778-77.]
68.24.110
68.24.110 Sale of plots. After filing the map or plat and
recording the declaration of dedication, a cemetery authority
may sell and convey plots subject to such rules and regulations as may be then in effect or thereafter adopted by the
cemetery authority, and subject to such other and further limitations, conditions and restrictions as may be inserted in or
made a part of the declaration of dedication by reference, or
included in the instrument of conveyance of such plot. [1943
c 247 § 70; Rem. Supp. 1943 § 3778-70. FORMER PART
[Title 68 RCW—page 12]
68.24.120 Plots indivisible. All plots, the use of which
has been conveyed by deed or certificate of ownership as a
separate plot, are indivisible except with the consent of the
cemetery authority, or as provided by law. [1943 c 247 § 71;
Rem. Supp. 1943 § 3778-71.]
68.24.130
68.24.130 Sale for resale prohibited—Penalty. It
shall be unlawful for any person, firm or corporation to sell or
offer to sell a cemetery plot upon the promise, representation
or inducement of resale at a financial profit. Each person violating this section shall be guilty of a misdemeanor and each
violation shall constitute a separate offense. [1943 c 247 §
73; Rem. Supp. 1943 § 3778-73.]
68.24.140
68.24.140 Commission on sales prohibited—Penalty.
It shall be unlawful for a cemetery authority to pay or offer to
pay to any person, firm or corporation, directly or indirectly,
a commission or bonus or rebate or other thing of value for
the sale of a plot or services. This shall not apply to a person
regularly employed by the cemetery authority for such purpose. Each person violating this section shall be guilty of a
misdemeanor and each violation shall constitute a separate
offense. [1943 c 247 § 74; Rem. Supp. 1943 § 3778-74.]
68.24.150
68.24.150 Employment of "runners" prohibited—
Penalty. Every person who pays or causes to be paid or
offers to pay to any other person, firm, or corporation,
directly or indirectly, except as provided in RCW 68.24.140,
any commission or bonus or rebate, or other thing of value in
consideration of recommending or causing a dead human
body to be disposed of in any crematory or cemetery, is guilty
of a misdemeanor and each violation shall constitute a separate offense. [1943 c 247 § 75; Rem. Supp. 1943 § 3778-75.]
68.24.160
68.24.160 Liens subordinate to dedication. All mortgages, deeds of trust and other liens of any nature, hereafter
contracted, placed or incurred upon property which has been
and was at the time of the creation or placing of the lien, dedicated as a cemetery pursuant to this part, or upon property
which is afterwards, with the consent of the owner of any
mortgage, trust deed or lien, dedicated to cemetery purposes
pursuant to this part, shall not affect or defeat the dedication,
but the mortgage, deed of trust, or other lien is subject and
subordinate to such dedication and any and all sales made
upon foreclosure are subject and subordinate to the dedication for cemetery purposes. [1943 c 247 § 60; Rem. Supp.
1943 § 3778-60.]
Effective date—1943 c 247: See note following RCW 68.20.040.
68.24.170
68.24.170 Record of ownership and transfers. A
record shall be kept of the ownership of all plots in the ceme(2004 Ed.)
Mausoleums and Columbariums
tery which have been conveyed by the cemetery authority and
of all transfers of plots in the cemetery. No transfer of any
plot, heretofore or hereafter made, or any right of interment,
shall be complete or effective until recorded on the books of
the cemetery authority. [1943 c 247 § 40; Rem. Supp. 1943
§ 3778-40. FORMER PART OF SECTION: 1943 c 247 § 41
now codified as RCW 68.24.175.]
68.24.175 Inspection of records. The records shall be
open to inspection during the customary office hours of the
cemetery. [1943 c 247 § 41; Rem. Supp. 1943 § 3778-41.
Formerly RCW 68.24.170, part.]
68.24.175
68.24.180 Opening of roads, railroads through cemetery—Consent required—Exception. After dedication
under this title, and as long as the property remains dedicated
to cemetery purposes, a railroad, street, road, alley, pipe line,
pole line, or other public thoroughfare or utility shall not be
laid out, through, over, or across any part of it without the
consent of the cemetery authority owning and operating it, or
of not less than two-thirds of the owners of interment plots:
PROVIDED HOWEVER, That a city of under twenty thousand may initiate, prior to January 1, 1995, an action to condemn cemetery property if the purpose is to further improve
an existing street, or other public improvement and the proposed improvement does not interfere with existing interment
plots containing human remains. [1994 c 273 § 20; 1984 c 7
§ 369; 1959 c 217 § 1; 1947 c 69 § 1; 1943 c 247 § 69; Rem.
Supp. 1947 § 3778-69.]
"Section 1. Any person owning any land, exclusive of encumbrances of
any kind, situate two miles outside of the corporate limits of any incorporated city or town, may have the same reserved exclusively for burial and
cemetery purposes by complying with the terms of this act, provided said
lands so sought to be reserved shall not exceed in area one acre.
Sec. 2. Such person or persons shall cause such land to be surveyed and
platted.
Sec. 3. A deed of dedication of said tract for burial and cemetery purposes with a copy of said plat shall be filed with the county auditor of the
county in which said lands are situated and the title thereto shall be and
remain in the owner, his heirs and assigns, subject to the trust aforesaid."
Property taxes, exemptions: RCW 84.36.020.
Chapter 68.28 RCW
MAUSOLEUMS AND COLUMBARIUMS
Chapter 68.28
68.24.180
Severability—1984 c 7: See note following RCW 47.01.141.
68.24.190 Opening road through cemetery—Penalty.
Every person who shall make or open any road, or construct
any railway, turnpike, canal, or other public easement over,
through, in, or upon, such part of any inclosure as may be
used for the burial of the dead, without authority of law or the
consent of the owner thereof, shall be guilty of a misdemeanor. [1909 c 249 § 241; RRS § 2493.]
68.24.190
68.24.220
68.24.220 Burying place exempt from execution.
Whenever any part of *such burying ground shall have been
designated and appropriated by the proprietors thereof as the
burying place of any particular person or family, the same
shall not be liable to be taken or disposed of by any warrant
or execution, for any tax or debt whatever; nor shall the same
be liable to be sold to satisfy the demands of creditors whenever the estate of such owner shall be insolvent. [1857 p 28 §
2; RRS § 3760.]
*Reviser's note: The phrase "such burying ground" appears in 1856-57
p 28, which provided for the creation of corporations for the purpose of
establishing a burying ground or place of sepulture.
Cemetery property exempt from taxation: RCW 84.36.020.
68.28.050
Sections
68.28.010
68.28.020
68.28.030
68.28.040
68.28.050
68.28.060
68.28.065
68.28.070
Sections applicable to mausoleums, columbariums, etc.
Building converted to use as a place of interment.
Standards of construction.
Fireproof construction.
Ordinances and specifications to be complied with.
Improper construction a nuisance—Penalty.
Court to fix costs.
Construction in compliance with existing laws.
68.28.010
68.28.010 Sections applicable to mausoleums, columbariums, etc. RCW 68.28.020 through 68.28.070,
68.20.080, 68.20.090, *68.48.040 and 68.48.060, apply to all
buildings, mausoleums and columbariums used or intended
to be used for the interment of the remains of fifteen or more
persons whether erected under or above the surface of the
earth where any portion of the building is exposed to view or,
when interment is completed, is less than three feet below the
surface of the earth and covered by earth. [1943 c 247 § 134;
Rem. Supp. 1943 § 3778-134.]
*Reviser's note: RCW 68.48.040 and 68.48.060 have been recodified
as RCW 68.56.040 and 68.56.050, respectively, pursuant to 1987 c 331 § 89.
68.28.020
68.28.020 Building converted to use as a place of
interment. A building not erected for, or which is not used
as, a place of interment of human remains which is converted
or altered for such use is subject to *this act. [1943 c 247 §
135; Rem. Supp. 1943 § 3778-135.]
*Reviser's note: For "this act," see note following RCW 68.04.020.
68.28.030 Standards of construction. No building or
structure intended to be used for the interment of human
remains shall be constructed, and a building not used for the
interment of human remains shall not be altered for use or
used for interment purposes, unless constructed of such material and workmanship as will insure its durability and permanence as dictated and determined at the time by modern mausoleum construction and engineering science. [1943 c 247 §
136; Rem. Supp. 1943 § 3778-136.]
68.28.030
68.28.040
68.24.240
68.24.240 Certain cemetery lands exempt from taxes,
etc.—1901 c 147. Upon compliance with the requirements
of *this act said lands shall forever be exempt from taxation,
judgment and other liens and executions. [1901 c 147 § 4;
RRS § 3763.]
*Reviser's note: "this act" appears in 1901 c 147, the remaining sections of which were repealed by 1943 c 247 § 148. These sections read as follows:
(2004 Ed.)
68.28.040 Fireproof construction. All mausoleums or
columbariums hereafter constructed shall be of class A fireproof construction. [1943 c 247 § 137; Rem. Supp. 1943 §
3778-137.]
Effective date—1943 c 247: See note following RCW 68.20.040.
68.28.050
68.28.050 Ordinances and specifications to be complied with. If the proposed site is within the jurisdiction of a
[Title 68 RCW—page 13]
68.28.060
Title 68 RCW: Cemeteries, Morgues, and Human Remains
city having ordinances and specifications governing class A
construction, the provisions of the local ordinances and specifications shall not be violated. [1943 c 247 § 138; Rem.
Supp. 1943 § 3778-138.]
68.28.060
68.28.060 Improper construction a nuisance—Penalty. Every owner or operator of a mausoleum or columbarium erected in violation of *this act is guilty of maintaining a
public nuisance, a gross misdemeanor, and upon conviction
is punishable by a fine of not less than five hundred dollars
nor more than five thousand dollars or by imprisonment in a
county jail for not less than one month nor more than six
months, or by both; and, in addition is liable for all costs,
expenses, and disbursements paid or incurred in prosecuting
the case. [2003 c 53 § 306; 1943 c 247 § 140; Rem. Supp.
1943 § 3778-140.]
*Reviser's note: For "this act," see note following RCW 68.04.020.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.28.065
68.28.065 Court to fix costs. The costs, expenses and
disbursements shall be fixed by the court having jurisdiction
of the case. [1943 c 247 § 141; Rem. Supp. 1943 § 3778141.]
vested right of interment of his remains in the plot if more
than one interment space is unoccupied at the time the person
becomes the spouse of the owner. [1943 c 247 § 89; Rem.
Supp. 1943 § 3778-89.]
68.32.030
68.32.030 Vested right—Termination. No conveyance or other action of the owner without the written consent
or joinder of the spouse of the owner divests the spouse of a
vested right of interment, except that a final decree of divorce
between them terminates the vested right of interment unless
otherwise provided in the decree. [1943 c 247 § 90; Rem.
Supp. 1943 § 3778-90.]
68.32.040
68.32.040 Descent of title to plot. If no interment is
made in an interment plot which has been transferred by deed
or certificate of ownership to an individual owner, or if all
remains previously interred are lawfully removed, upon the
death of the owner, unless the owner has disposed of the plot
either by specific devise or by a written declaration filed and
recorded in the office of the cemetery authority, the plot
descends to the surviving spouse or, if there is no surviving
spouse, to the heirs at law of the owner subject to the rights of
interment of the decedent. [1979 c 21 § 15; 1943 c 247 § 91;
Rem. Supp. 1943 § 3778-91.]
68.28.070
68.28.070 Construction in compliance with existing
laws. The penalties of *this act shall not apply as to any
building which, at the time of construction was constructed in
compliance with the laws then existing, if its use is not in violation of the laws for the protection of public health. [1943 c
247 § 142; Rem. Supp. 1943 § 3778-142.]
*Reviser's note: For "this act," see note following RCW 68.04.020.
Chapter 68.32 RCW
TITLE AND RIGHTS TO CEMETERY PLOTS
68.32.050
68.32.050 Affidavit as authorization. An affidavit by
a person having knowledge of the facts setting forth the fact
of the death of the owner and the name of the person or persons entitled to the use of the plot pursuant to RCW
68.32.010 through 68.32.040, is complete authorization to
the cemetery authority to permit the use of the unoccupied
portions of the plot by the person entitled to the use of it.
[1943 c 247 § 93; Rem. Supp. 1943 § 3778-93.]
Chapter 68.32
Sections
68.32.010
68.32.020
68.32.030
68.32.040
68.32.050
68.32.060
68.32.070
68.32.080
68.32.090
68.32.100
68.32.110
68.32.120
68.32.130
68.32.140
68.32.150
68.32.160
68.32.170
Presumption as to title.
Vested right of spouse.
Vested right—Termination.
Descent of title to plot.
Affidavit as authorization.
Family plot—Alienability.
Joint tenants—Vested rights.
Joint tenants—Survivorship.
Joint tenants—Identification.
Co-owners may designate representative.
Order of interment—General.
Order of interment, when no parent or child survives.
Waiver of right of interment.
Termination of vested right by waiver.
Limitations on vested rights.
Conveyance of plot to cemetery authority, effect.
Exemption from inheritance tax.
68.32.010
68.32.010 Presumption as to title. All plots conveyed
to individuals are presumed to be the sole and separate property of the owner named in the instrument of conveyance.
[1943 c 247 § 88; Rem. Supp. 1943 § 3778-88.]
68.32.020
68.32.020 Vested right of spouse. The spouse of an
owner of any plot containing more than one interment space
has a vested right of interment of his remains in the plot and
any person thereafter becoming the spouse of the owner has a
[Title 68 RCW—page 14]
68.32.060
68.32.060 Family plot—Alienability. Whenever an
interment of the remains of a member or of a relative of a
member of the family of the record owner or of the remains
of the record owner is made in a plot transferred by deed or
certificate of ownership to an individual owner and both the
owner and the surviving spouse, if any, die with children then
living without making disposition of the plot either by a specific devise, or by a written declaration filed and recorded in
the office of the cemetery authority, the plot shall thereafter
be held as a family plot and shall be subject to alienation only
upon agreement of the children of the owner living at the time
of said alienation. [1979 c 21 § 16; 1943 c 247 § 98; Rem.
Supp. 1943 § 3778-98.]
68.32.070
68.32.070 Joint tenants—Vested rights. In a conveyance to two or more persons as joint tenants each joint tenant
has a vested right of interment in the plot conveyed. [1943 c
247 § 94; Rem. Supp. 1943 § 3778-94.]
68.32.080
68.32.080 Joint tenants—Survivorship. Upon the
death of a joint tenant, the title to the plot held in joint tenancy
immediately vests in the survivors, subject to the vested right
of interment of the remains of the deceased joint tenant.
[1943 c 247 § 95; Rem. Supp. 1943 § 3778-95.]
Joint tenants, simultaneous death: RCW 11.05.030.
(2004 Ed.)
Abandoned Lots
68.32.090
68.32.090 Joint tenants—Identification. An affidavit
by any person having knowledge of the facts setting forth the
fact of the death of one joint tenant and establishing the identity of the surviving joint tenants named in the deed to any
plot, when filed with the cemetery authority operating the
cemetery in which the plot is located, is complete authorization to the cemetery authority to permit the use of the unoccupied portion of the plot in accordance with the directions of
the surviving joint tenants or their successors in interest.
[1943 c 247 § 96; Rem. Supp. 1943 § 3778-96.]
68.36.020
68.32.160
68.32.160 Conveyance of plot to cemetery authority,
effect. A cemetery authority may take and hold any plot conveyed or devised to it by the plot owner so that it will be
inalienable, and interments shall be restricted to the persons
designated in the conveyance or devise. [1943 c 247 § 104;
Rem. Supp. 1943 § 3778-104.]
68.32.170
68.32.170 Exemption from inheritance tax. Cemetery
property passing to an individual by reason of the death of the
owner is exempt from all inheritance taxes. [1943 c 247 § 92;
Rem. Supp. 1943 § 3778-92.]
68.32.100
68.32.100 Co-owners may designate representative.
When there are several owners of a plot, or of rights of interment in it, they may designate one or more persons to represent the plot and file written notice of designation with the
cemetery authority. In the absence of such notice or of written objection to its so doing, the cemetery authority is not liable to any owner for interring or permitting an interment in
the plot upon the request or direction of any co-owner of the
plot. [1943 c 247 § 97; Rem. Supp. 1943 § 3778-97.]
68.32.110
68.32.110 Order of interment—General. In a family
plot one grave, niche or crypt may be used for the owner's
interment; one for the owner's surviving spouse, if any, who
by law has a vested right of interment in it; and in those
remaining, if any, the parents and children of the deceased
owner in order of death may be interred without the consent
of any person claiming any interest in the plot. [1943 c 247 §
99; Rem. Supp. 1943 § 3778-99.]
68.32.120
68.32.120 Order of interment, when no parent or
child survives. If no parents or child survives, the right of
interment goes in the order of death first, to the spouse of any
child of the record owner, and second, in the order of death to
the next heirs at law of the owner or the spouse of any heir at
law. [1943 c 247 § 100; Rem. Supp. 1943 § 3778-100.]
68.32.130
68.32.130 Waiver of right of interment. Any surviving spouse, parent, child, or heir having a right of interment
in a family plot may waive such right in favor of any other
relative or spouse of a relative of the deceased owner; and
upon such waiver the remains of the person in whose favor
the waiver is made may be interred in the plot. [1943 c 247 §
101; Rem. Supp. 1943 § 3778-101.]
Reviser's note: The inheritance tax was repealed by 1981 2nd ex.s. c 7
§ 83.100.160 (Initiative Measure No. 402). See RCW 83.100.900. For later
enactment, see chapter 83.100 RCW.
Chapter 68.36
Chapter 68.36 RCW
ABANDONED LOTS
Sections
68.36.010
68.36.020
68.36.030
68.36.040
68.36.050
68.36.060
68.36.070
68.36.080
68.36.090
68.36.100
Sale of abandoned space—Presumption of abandonment.
Notice—Requisites—Limitation on placing.
Petition for order of abandonment—Notice and hearing.
Service of notice.
Hearing—Order—Attorney's fee.
Contract for care before adjudication.
Contract for care within one year after adjudication.
Sale after one year.
Disposition of proceeds.
Petition may cover several lots.
68.36.010
68.36.010 Sale of abandoned space—Presumption of
abandonment. The ownership of or right in or to unoccupied cemetery space in this state shall, upon abandonment, be
subject to forfeiture and sale by the person, association, corporation or municipality having ownership or management of
the cemetery containing such unoccupied cemetery space, for
the purpose of providing for *perpetual care. The continued
failure by an owner to maintain or care for an unoccupied
cemetery lot, unoccupied part of lot, unoccupied lots or parts
of lots for a period of five years shall create and establish a
presumption that the same has been abandoned. [1943 c 247
§ 78; Rem. Supp. 1943 § 3778-78.]
*Reviser's note: The term "perpetual care" referred to herein originally
appeared throughout this chapter and chapters 68.40 and 68.44 RCW. The
legislature in 1953 c 290 amended most sections in these chapters to read
"endowment care." 1953 c 290 § 24 provides that it is a misdemeanor for
any cemetery authority, cemetery broker, etc., to represent that any fund set
up for maintaining care is perpetual. See RCW 68.40.085.
68.32.140
68.32.140 Termination of vested right by waiver. A
vested right of interment may be waived and is terminated
upon the interment elsewhere of the remains of the person in
whom vested. [1943 c 247 § 102; Rem. Supp. 1943 § 3778102.]
68.32.150
68.32.150 Limitations on vested rights. No vested
right of interment gives to any person the right to have his
remains interred in any interment space in which the remains
of any deceased person having a prior vested right of interment have been interred, nor does it give any person the right
to have the remains of more than one deceased person
interred in a single interment space in violation of the rules
and regulations of the cemetery in which the interment space
is located. [1943 c 247 § 103; Rem. Supp. 1943 § 3778-103.]
(2004 Ed.)
68.36.020
68.36.020 Notice—Requisites—Limitation on placing. Before such five year period shall commence to run, the
owner or manager of the cemetery shall place upon and during such five year period shall maintain upon such unoccupied cemetery space a suitable notice, setting forth the date
the notice is placed thereon and stating that such unoccupied
space is subject to forfeiture and sale by the owner or manager of the cemetery to provide for *perpetual care, if the
owner of such unoccupied space fails during the next five
years following the date of the notice to maintain or care for
the same or unless the owner of such unoccupied space contracts for the *perpetual care of the same: PROVIDED,
HOWEVER, That such a notice cannot be placed on the
unoccupied space in any cemetery lot until twenty years have
elapsed since the last interment in any such lot of a member
[Title 68 RCW—page 15]
68.36.030
Title 68 RCW: Cemeteries, Morgues, and Human Remains
of the immediate family of the record owner. Members of the
immediate family shall be construed to include surviving
spouse, children, parents, and brothers and sisters. [1943 c
247 § 79; Rem. Supp. 1943 § 3778-79.]
*Reviser's note: For "perpetual care," see note following RCW
68.36.010.
68.36.030
68.36.030 Petition for order of abandonment—
Notice and hearing. After such five year period, the owner
or manager of the cemetery may file in the office of the
county clerk for the county in which the cemetery is located a
verified petition, setting forth its ownership or management
of the cemetery, the facts relating to the continued failure by
the owner for a period of five consecutive years to maintain
or care for such cemetery lot, part of lot, lots or parts of lots
and such facts relating to the ownership thereof as petitioner
may have, and asking for an order of the superior court for
such county, adjudging the lot, part of lot, lots or parts of lots
to have been abandoned.
At the time of filing such petition, the owner or manager
of the cemetery shall apply for and the superior court for such
county shall fix a time for the hearing of the petition not less
than sixty days nor more than ninety days from the time of the
application. Not less than sixty days before the time fixed for
the hearing of the petition, notice of the hearing and the
nature and object of the same shall be given to the owner of
such unoccupied space, as herein provided. [1943 c 247 § 80;
Rem. Supp. 1943 § 3778-80.]
68.36.040
68.36.040 Service of notice. The notice may be served
personally upon the owner, or may be given by the mailing of
the notice by registered mail to the owner to his last known
address and by publishing the notice three times in a legal
newspaper published in the county in which the cemetery is
located, and if there be no legal newspaper in the county, then
in a legal newspaper published in an adjoining county, and if
there be no legal newspaper in an adjoining county, then in a
legal newspaper published at the capital of the state. In the
event that the whereabouts of the owner is unknown, or if the
owner be unknown, then the notice may be given to such
owner, unknown owner or unknown claimant, and all other
persons or parties claiming any right, title or interest therein,
by publishing the notice three times in a legal newspaper as
aforesaid. The affidavit of the owner or manager of the cemetery involved to the effect that such owner or claimant is
unknown to him and that he exercised diligence in attempting
to locate such unknown parties shall, if filed in the proceeding, be conclusive to that effect. [1943 c 247 § 81; Rem.
Supp. 1943 § 3778-81.]
68.36.050
68.36.050 Hearing—Order—Attorney's fee. Thereupon, such owner or claimant may appear and make answer
to the allegations of said petition, and in case of his failure so
to do prior to the day fixed for hearing, his default shall be
entered and it shall then be the duty of the superior court for
such county to immediately enter an order adjudging such
unoccupied space to have been abandoned and subject to sale
at the expiration of one year by the person, association, corporation or municipality having ownership or management of
the cemetery containing the same. In the event the owner or
[Title 68 RCW—page 16]
claimant shall appear and file his answer prior to the day
fixed for the hearing, the presumption of abandonment shall
no longer exist, and on the day fixed for the hearing of said
petition or on any subsequent day to which the hearing of the
cause is adjourned, the allegations and proof of the parties
shall be presented to the court and if the court shall determine
therefrom that there has been a continued failure to maintain
or care for such unoccupied space for a period of five consecutive years preceding the filing of said petition, an order shall
be entered accordingly adjudging such unoccupied space to
have been abandoned and subject to sale at the expiration of
one year by the person, association, corporation or municipality having ownership of the cemetery containing the same.
Upon any adjudication of abandonment, the court shall fix
such sum as it shall deem reasonable as an attorney's fee for
petitioner's attorney for each lot, part of lot, lots or parts of
lots adjudged to have been abandoned in such proceedings.
[1943 c 247 § 82; Rem. Supp. 1943 § 3778-82.]
68.36.060
68.36.060 Contract for care before adjudication. If at
any time before the adjudication of abandonment the owner
of an unoccupied space contracts with the owner or manager
of the cemetery for the endowment care of the space, the
court shall dismiss the proceedings as to such unoccupied
space. [1953 c 290 § 1; 1943 c 247 § 83; Rem. Supp. 1943 §
3778-83.]
68.36.070
68.36.070 Contract for care within one year after
adjudication. If at any time within one year after the adjudication of abandonment, the former owner of the unoccupied
space shall contract for its endowment care, and reimburse
the owner or manager of the cemetery for the expense of the
proceedings, including attorney's fees, the space shall not be
sold and the order adjudging it to have been abandoned shall
be vacated upon petition of the former owner. [1953 c 290 §
2; 1943 c 247 § 84; Rem. Supp. 1943 § 3778-84.]
68.36.080
68.36.080 Sale after one year. One year after the entry
of the order adjudging such lot, part of lot, lots or parts of lots
to have been abandoned, the owner or manager of the cemetery in which the same is located shall have the power to sell
the same, in whole or in part, at public or private sale, and
convey by deed good, clear and sufficient title thereto. [1943
c 247 § 85; Rem. Supp. 1943 § 3778-85.]
68.36.090
68.36.090 Disposition of proceeds. Not more than
twenty percent of the funds realized from the sale of abandoned space shall be used to defray the expenses of the proceedings to abandon, and the improving of it in such manner
as to place it in condition for care, and the balance shall be
placed immediately in a trust fund or shall be immediately
transferred to a nonprofit organization to be used exclusively
for the endowment care and maintenance of the cemetery.
[1953 c 290 § 3; 1943 c 247 § 86; Rem. Supp. 1943 § 377886.]
68.36.100
68.36.100 Petition may cover several lots. In any one
petition for abandonment, a petitioner may, irrespective of
diversity of ownership, include in any such petition as many
lots or parts of lots as come within the provisions of *this act.
(2004 Ed.)
Endowment and Nonendowment Care
The petition for abandonment shall be entitled: "In the Matter of the Abandonment, Forfeiture and Sale of Unoccupied
and Uncared for Space located in . . . . . . . . . Cemetery."
[1943 c 247 § 87; Rem. Supp. 1943 § 3778-87.]
*Reviser's note: For "this act," see note following RCW 68.04.020.
Chapter 68.40 RCW
ENDOWMENT AND NONENDOWMENT CARE
Chapter 68.40
Sections
68.40.010
68.40.025
68.40.040
68.40.060
68.40.085
68.40.090
68.40.095
68.40.100
68.40.900
Cemetery authorities—Deposit in endowment care fund
required.
Nonendowed sections—Identification.
Endowment care fiscal reports—Review by plot owners.
May accept property in trust—Application of income.
Representing fund as perpetual—Penalty.
Penalty.
Certain cemeteries exempt from chapter.
Only nonendowment care cemeteries now in existence are
authorized.
Effective date—1987 c 331.
68.40.010 Cemetery authorities—Deposit in endowment care fund required. After July 1, 1987, a cemetery
authority not exempt under this chapter shall deposit in an
endowment care fund not less than the following amounts for
plots sold: Ten percent of the gross sales price, with a minimum of ten dollars for each adult grave; ten percent of the
gross sales price, with a minimum of five dollars for each
niche; and ten percent of the gross sales price, with a minimum of thirty dollars for each crypt.
In the event that a cemetery authority sells a lot, crypt, or
niche at a price that is less than its current list price, or gives
away, bequeaths, or otherwise gives title to a lot, crypt, or
niche, such lot, crypt, or niche shall be endowed at the rate at
which it would normally be endowed: A minimum of ten
percent of normal sales price or ten dollars per lot, whichever
is greater; ten percent of normal sales price or five dollars per
niche, whichever is greater; and ten percent of normal sales
price or thirty dollars per crypt, whichever is greater.
The deposits shall be made not later than the twentieth
day of the month following the final payment on the sale
price. If a contract for crypts, niches, or graves is sold,
pledged, or otherwise encumbered as security for a loan by
the cemetery authority, the cemetery authority shall pay into
the endowment care fund ten percent of the gross sales price
with a minimum of ten dollars for each adult grave, five dollars for each niche, and thirty dollars for each crypt within
twenty days of receipt of payment of the proceeds from such
sale or loan.
Any cemetery hereafter established shall have deposited
in an endowment care fund the sum of twenty-five thousand
dollars before disposing of any plot or making any sale
thereof. [1987 c 331 § 35; 1984 c 53 § 1; 1961 c 133 § 2;
1953 c 290 § 4; 1943 c 247 § 118; Rem. Supp. 1943 § 3778118.]
68.40.010
68.40.025
68.40.025 Nonendowed sections—Identification.
Cemeteries with nonendowed sections opened before July 1,
1987, shall only be required to endow sections opened after
July 1, 1987. On the face of any contract, receipt, or deed
used for sales of nonendowed lots shall be prominently displayed the words "Nonendowment section." All nonen(2004 Ed.)
68.40.900
dowed sections shall be identified as such by posting of a legible sign containing the following phrase: "Nonendowment
section." [1987 c 331 § 36.]
68.40.040
68.40.040 Endowment care fiscal reports—Review
by plot owners. A cemetery authority not exempt under this
chapter shall file in its principal office for review by plot
owners the previous seven fiscal years' endowment care
reports as filed with the cemetery board in accordance with
RCW 68.44.150. [1987 c 331 § 37; 1953 c 290 § 7; 1943 c
247 § 122; Rem. Supp. 1943 § 3778-122.]
68.40.060
68.40.060 May accept property in trust—Application
of income. The cemetery authority of an endowment care
cemetery may accept any property bequeathed, granted, or
given to it in trust and may apply the income from such property bequeathed, granted, or given to in trust to any or all of
the following purposes:
(1) Improvement or embellishment of all or any part of
the cemetery or any lot in it;
(2) Erection, renewal, repair, or preservation of any
monument, fence, building, or other structure in the cemetery;
(3) Planting or cultivation of trees, shrubs, or plants in or
around any part of the cemetery;
(4) Special care or ornamenting of any part of any plot,
section, or building in the cemetery; and
(5) Any purpose or use consistent with the purpose for
which the cemetery was established or is maintained. [1987
c 331 § 38; 1953 c 290 § 8; 1943 c 247 § 129; Rem. Supp.
1943 § 3778-129.]
68.40.085
68.40.085 Representing fund as perpetual—Penalty.
It is a misdemeanor for any cemetery authority, its officers,
employees, or agents, or a cemetery broker or salesman to
represent that an endowment care fund, or any other fund set
up for maintaining care, is perpetual. [1953 c 290 § 24.]
68.40.090
68.40.090 Penalty. Any person, partnership, corporation, association, or his or its agents or representatives who
shall violate any of the provisions of this chapter or make any
false statement appearing on any sign, contract, agreement,
receipt, statement, literature or other publication shall be
guilty of a misdemeanor. [1987 c 331 § 39; 1943 c 247 § 125;
Rem. Supp. 1943 § 3778-125.]
68.40.095
68.40.095 Certain cemeteries exempt from chapter.
This chapter does not apply to any cemetery controlled and
operated by a coroner, county, city, town, or cemetery district. [1987 c 331 § 40.]
68.40.100
68.40.100 Only nonendowment care cemeteries now
in existence are authorized. After June 7, 1979, no nonendowment care cemetery may be established. However, any
nonendowment care cemetery in existence on June 7, 1979,
may continue to operate as a nonendowment care cemetery.
[1979 c 21 § 18.]
68.40.900
68.40.900 Effective date—1987 c 331.
68.05.900.
See RCW
[Title 68 RCW—page 17]
Chapter 68.44
Chapter 68.44
Title 68 RCW: Cemeteries, Morgues, and Human Remains
Chapter 68.44 RCW
ENDOWMENT CARE FUND
Sections
68.44.010
68.44.020
68.44.030
68.44.060
68.44.070
68.44.080
68.44.090
68.44.100
68.44.110
68.44.115
68.44.120
68.44.130
68.44.140
68.44.150
68.44.160
68.44.170
68.44.180
68.44.900
Funds authorized—Investments.
Use and care of funds.
Authorized investments.
Unauthorized loans—Penalty.
Purpose of endowment care—Validity.
Plans for care—Source of fund.
Covenant to care for cemetery.
Agreement by owner to care for plot.
Trustees of fund.
Trustee to file statement with board—Resignation of trusteeship.
Directors as trustees—Secretary.
Bank or trust company as trustee.
Compensation of trustees.
Annual report of condition of fund.
Contributions.
Use of income from fund.
Certain cemeteries exempt from chapter.
Effective date—1987 c 331.
(4) Notwithstanding any other provisions contained in
this section, funds may be invested in any commercial bank,
mutual savings bank, or savings and loan association duly
chartered and operating under the laws of the United States or
statutes of the state of Washington. [1985 c 30 § 138. Prior:
1984 c 149 § 175; 1979 c 21 § 19; 1953 c 290 § 13; 1943 c
247 § 127; Rem. Supp. 1943 § 3778-127.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
68.44.060
68.44.060 Unauthorized loans—Penalty. Every director or officer authorizing or consenting to a loan, and the person who receives a loan, in violation of RCW 68.44.030 are
severally guilty of a class C felony punishable under chapter
9A.20 RCW. [1984 c 53 § 2; 1943 c 247 § 133; Rem. Supp.
1943 § 3778-133.]
68.44.070
68.44.010
68.44.010 Funds authorized—Investments. Any
cemetery authority not exempt under chapter 68.40 RCW
shall establish, maintain, and operate an inviolable endowment care fund. Endowment care, special care, and other
cemetery authorities' endowment care funds may be commingled for investment and the income therefrom shall be
divided between the funds in the proportion that each contributed to the sum invested. The funds shall be held in the name
of the trustees appointed by the cemetery authority with the
words "endowment care fund" being a part of the name.
[1987 c 331 § 41; 1953 c 290 § 11; 1943 c 247 § 105; Rem.
Supp. 1943 § 3778-105.]
68.44.020
68.44.020 Use and care of funds. Endowment care
funds shall not be used for any purpose other than to provide,
through income only, for the endowment care stipulated in
the instrument by which the fund was established, and shall
be kept separate and distinct from all assets of the cemetery
authority. The principal shall forever remain inviolable and
may not be reduced in any way not found within RCW
11.100.020. [1987 c 331 § 42; 1953 c 290 § 12. Prior: (i)
1943 c 247 § 106; Rem. Supp. 1943 § 3778-106. (ii) 1943 c
247 § 126; Rem. Supp. 1943 § 3778-126.]
68.44.030
68.44.030 Authorized investments. Endowment care
funds shall be kept invested in accordance with the provisions of RCW 11.100.020 subject to the following restrictions:
(1) No officer or director of the cemetery authority,
trustee of the endowment care or special care funds, or
spouse, sibling, parent, grandparent, or issue of such officer,
director, or trustee, shall borrow any of such funds for himself, directly or indirectly.
(2) No funds shall be loaned to the cemetery authority,
its agents, or employees, or to any corporation, partnership,
or other business entity in which the cemetery authority has
any ownership interest.
(3) No funds shall be invested with persons or business
entities operating in a business field directly related to cemeteries, including, but not limited to, mortuaries, monument
production and sales, florists, and rental of funeral facilities.
[Title 68 RCW—page 18]
68.44.070 Purpose of endowment care—Validity.
The endowment care and special care funds and all payments
or contributions thereto are hereby expressly permitted for
charitable and eleemosynary purposes. Endowment care and
such contributions are provisions for the discharge of a duty
from the persons contributing to the persons interred and to
be interred in the cemetery and provisions for the benefit and
protection of the public by preserving and keeping cemeteries
from becoming unkempt and places of reproach and desolation in the communities in which they are situated. No payment, or contribution for general endowment care, is invalid
by reason of any indefiniteness or uncertainty of the persons
designated as beneficiaries in the instruments creating the
trust, nor is the fund or any contribution to it invalid as violating any law against perpetuities, or the suspension of the
power of alienation of title to property. [1953 c 290 § 16.
Prior: (i) 1943 c 247 § 130; Rem. Supp. 1943 § 3778-130. (ii)
1943 c 247 § 117; Rem. Supp. 1943 § 3778-117.]
68.44.080
68.44.080 Plans for care—Source of fund. The cemetery authority may from time to time adopt plans for the general care, maintenance, and embellishment of its cemetery,
and charge and collect from all purchasers of plots such reasonable sum as it deems will aggregate a fund, the reasonable
income from which will provide care, maintenance, and
embellishment on an endowment basis. [1953 c 290 § 17;
1943 c 247 § 108; Rem. Supp. 1943 § 3778-108.]
68.44.090
68.44.090 Covenant to care for cemetery. Upon payment of the purchase price and the amount fixed as a proportionate contribution for endowment care, there may be
included in the deed of conveyance or by separate instrument,
an agreement to care, in accordance with the plan adopted,
for the cemetery and its appurtenances on an endowment
basis to the proportionate extent the income received by the
cemetery authority from the contribution will permit. [1953
c 290 § 18; 1943 c 247 § 109; Rem. Supp. 1943 § 3778-109.]
68.44.100
68.44.100 Agreement by owner to care for plot. Upon
the application of an owner of a plot, and upon the payment
by him of the amount fixed as a reasonable and proportionate
(2004 Ed.)
Prearrangement Contracts
contribution for endowment care, a cemetery authority may
enter into an agreement with him for the care of his plot and
its appurtenances. [1953 c 290 § 19; 1943 c 247 § 110; Rem.
Supp. 1943 § 3778-110.]
68.44.110
68.44.110 Trustees of fund. Unless an association of
lot owners has been created for the purpose of appointing
trustees, the cemetery authority shall appoint a board of not
less than three members as trustees for its endowment care
fund, who shall hold office subject to the direction of the
cemetery authority. [1987 c 331 § 43; 1953 c 290 § 20; 1943
c 247 § 111; Rem. Supp. 1943 § 3778-111.]
68.44.115
68.44.115 Trustee to file statement with board—Resignation of trusteeship. To be considered qualified as a
trustee, each trustee of an endowment care fund appointed in
accordance with this chapter shall file with the board a statement of acceptance of fiduciary responsibility, on a form
approved by the board, before assuming the duties of trustee.
The trustee shall remain in the trustee's fiduciary capacity
until such time as the trustee advises the cemetery board in
writing of the trustee's resignation of trusteeship. [1987 c 331
§ 44.]
68.44.160
68.44.160 Contributions. A cemetery authority which
has established an endowment care fund may take and hold,
as a part of or incident to the fund, any property, real, personal, or mixed, bequeathed, devised, granted, given, or otherwise contributed to it for its endowment care fund. [1953 c
290 § 22; 1943 c 247 § 116; Rem. Supp. 1943 § 3778-116.]
68.44.170
68.44.170 Use of income from fund. The income from
the endowment care fund shall be used solely for the general
care, maintenance, and embellishment of the cemetery, and
shall be applied in such manner as the cemetery authority
may from time to time determine to be for the best interest of
the cemetery. [1953 c 290 § 23; 1943 c 247 § 107; Rem.
Supp. 1943 § 3778-107.]
68.44.180
68.44.180 Certain cemeteries exempt from chapter.
This chapter does not apply to any cemetery controlled and
operated by a coroner, county, city, town, or cemetery district. [1987 c 331 § 49.]
68.44.900
68.44.900 Effective date—1987 c 331.
68.05.900.
Chapter 68.46
68.44.120
68.44.120 Directors as trustees—Secretary. The
directors of a cemetery authority may be the trustees of its
endowment care fund. When the fund is in the care of the
directors as a board of trustees the secretary of the cemetery
authority shall act as its secretary and keep a true record of all
of its proceedings. [1987 c 331 § 45; 1953 c 290 § 21; 1943
c 247 § 112; Rem. Supp. 1943 § 3778-112.]
68.46.010
68.46.020
68.46.030
68.46.040
68.46.050
68.46.055
68.46.060
68.46.070
68.46.075
68.46.080
68.46.090
68.46.100
68.44.140
68.44.140 Compensation of trustees. Compensation to
the board of trustees or trustee for services as trustee and
other compensation for administration of trust funds shall not
exceed in the aggregate the customary fees charged by banks
and trust companies for like services. Such fees may not be
paid from the fund principal. [1987 c 331 § 47; 1979 c 21 §
20; 1943 c 247 § 114; Rem. Supp. 1943 § 3778-114.]
See RCW
Chapter 68.46 RCW
PREARRANGEMENT CONTRACTS
Sections
68.44.130
68.44.130 Bank or trust company as trustee. In lieu
of the appointment of a board of trustees of its endowment
care fund, any cemetery authority may appoint as sole trustee
of its endowment care fund any bank or trust company qualified to engage in the trust business, and said bank or trust
company shall be authorized to receive and accept said fund,
including any accumulated endowment care fund in existence
at the time of its appointment. [1987 c 331 § 46; 1943 c 247
§ 113; Rem. Supp. 1943 § 3778-113.]
68.46.010
68.46.110
68.46.125
68.46.130
68.46.150
68.46.160
68.46.170
68.46.900
Definitions.
Prearrangement trust funds—Required.
Prearrangement trust funds—Deposits—Bond requirements.
Prearrangement trust funds—Deposit with qualified public
depository or certain insured instruments.
Withdrawals from trust funds—Notice of department of social
and health services' claim.
Cemetery authority may not enter into certain retail contracts
which require or permit authority to furnish merchandise,
services, etc., at future date—Exclusion of transactions
under chapter 63.14 RCW—Prearrangement contracts—
Duty of cemetery authority upon death of purchaser or
owner.
Termination of contract by purchaser or beneficiary.
Involuntary termination of contract—Refund.
Inactive contracts—Funds transfer—Obligations.
Other use of trust funds prohibited.
Financial reports—Filing—Verification.
Information to be furnished purchaser in contract—Information to be furnished purchaser of unconstructed crypts or
niches or undeveloped graves.
Compliance required.
Certain cemeteries exempt from chapter.
Exemptions from chapter granted by board.
Sales licenses—Qualifications.
Contract forms—Filing.
Sales licenses—Requirement.
Effective date—1987 c 331.
Prearrangement funeral service contracts: RCW 18.39.240 through
18.39.360.
68.44.150
68.44.150 Annual report of condition of fund. The
cemetery authority or the trustees in whose names the funds
are held shall, annually, and within ninety days after the end
of the calendar or fiscal year of the cemetery authority, make
and keep on file for seven years a true and correct written
report, verified on oath by an officer of the cemetery authority or by the oath of one or more of the trustees, showing the
actual financial condition of the funds. [1987 c 331 § 48;
1979 c 21 § 21; 1943 c 247 § 115; Rem. Supp. 1943 § 3778115.]
(2004 Ed.)
68.46.010
68.46.010 Definitions. Unless the context clearly indicates otherwise, the following terms as used only in this
chapter have the meaning given in this section:
(1) "Prearrangement contract" means a contract for purchase of cemetery merchandise or services, unconstructed
crypts or niches, or undeveloped graves to be furnished at a
future date for a specific consideration which is paid in
advance by one or more payments in one sum or by installment payments.
[Title 68 RCW—page 19]
68.46.020
Title 68 RCW: Cemeteries, Morgues, and Human Remains
(2) "Cemetery authority" shall have the same meaning as
in RCW 68.04.190, and shall also include any individual,
partnership, firm, joint venture, corporation, company, association, or join [joint] stock company, any of which sells
cemetery services or merchandise, unconstructed crypts or
niches, or undeveloped graves through a prearrangement
contract, but shall not include insurance companies licensed
under chapter 48.05 RCW.
(3) "Cemetery merchandise or services" and "merchandise or services" mean those services normally performed by
cemetery authorities, including the sale of monuments, markers, memorials, nameplates, liners, vaults, boxes, urns, vases,
interment services, or any one or more of them.
(4) "Prearrangement trust fund" means all funds required
to be maintained in one or more funds for the benefit of beneficiaries by either this chapter or by the terms of a prearrangement contract, as herein defined.
(5) "Depository" means a qualified public depository as
defined by *RCW 39.58.010, a credit union as governed by
chapter 31.12 RCW, a mutual savings bank as governed by
Title 32 RCW, a savings and loan association as governed by
Title 33 RCW, and a federal credit union or a federal savings
and loan association organized, operated, and governed by
any act of congress, in which prearrangement funds are
deposited by any cemetery authority.
(6) "Board" means the cemetery board established under
chapter 68.05 RCW or its authorized representative.
(7) "Undeveloped grave" means any grave in an area
which a cemetery authority has not landscaped and groomed
to the extent customary in the cemetery industry in that community. [1979 c 21 § 22; 1975 1st ex.s. c 55 § 1; 1973 1st
ex.s. c 68 § 1.]
*Reviser's note: RCW 39.58.010 was amended by 1996 c 256 § 1 and
now defines the term "public depositary."
68.46.020 Prearrangement trust funds—Required.
Any cemetery authority selling by prearrangement contracts
any merchandise or services shall establish and maintain one
or more prearrangement funds for the benefit of beneficiaries
of prearrangement contracts. [1973 1st ex.s. c 68 § 2.]
68.46.020
68.46.030 Prearrangement trust funds—Deposits—
Bond requirements. (1) A cemetery authority shall deposit
in its prearrangement trust account a percentage of all funds
collected in payment of each prearrangement contract equal
to the greater of:
(a) Fifty percent of the contract price; or
(b) The percentage which the total of the wholesale cost
of merchandise and the direct cost of services to be provided
pursuant to the contract is of the total contract price.
(2) Any cemetery authority which does not file and
maintain with the board a bond as provided in subsection (4)
of this section shall deposit in its prearrangement trust fund
fifty percent, or greater percentage as determined under subsection (1) of this section, of all moneys received in payment
of each prearrangement contract, excluding sales tax and
endowment care if such charge is made.
(3) Any cemetery authority which files and maintains
with the board a bond as provided in subsection (4) of this
section shall deposit in its prearrangement trust fund each
payment as made on the last fifty percent, or greater percent-
age as determined under subsection (1) of this section, of
each prearrangement contract, excluding sales tax and
endowment care, if such charge is made.
(4) Each cemetery authority electing to make payments
to its prearrangement trust fund pursuant to subsection (3) of
this section shall file and maintain with the board a bond,
issued by a surety company authorized to do business in the
state, in the amount by which the cemetery authority's contingent liability for refunds pursuant to RCW 68.46.060 exceeds
the amount deposited in its prearrangement trust fund. The
bond shall run to the state and shall be conditioned that it is
for the use and benefit of any person requesting a refund pursuant to RCW 68.46.060 if the cemetery authority does not
promptly pay to said person the refund due pursuant to RCW
68.46.060. In addition to any other remedy, every person not
promptly receiving the refund due pursuant to RCW
68.46.060 may sue the surety for the refund. The liability of
the surety shall not exceed the amount of the bond. Termination or cancellation shall not be effective unless notice is
delivered by the surety to the board at least thirty days prior
to the date of termination or cancellation. The board shall
immediately notify the cemetery authority affected by the termination or cancellation by certified mail, return receipt
requested. The cemetery authority shall thereupon obtain
another bond or make such other arrangement as may be satisfactory to the board to assure its ability to make refunds
pursuant to RCW 68.46.060.
(5) Deposits to the prearrangement trust fund shall be
made not later than the twentieth day of each month following receipt of each payment required to be deposited. If a prearrangement contract is sold, pledged, or otherwise encumbered as security for a loan by the cemetery authority, the
cemetery authority shall pay into the prearrangement trust
fund fifty percent of the total sale price of the prearrangement
contract within twenty days of receipt of payment of the proceeds from the sale or loan.
(6) Any failure to fund a prearrangement contract as
required by this section shall be grounds for revocation of the
cemetery authority's prearrangement sales license. [1984 c
53 § 3; 1979 c 21 § 24; 1973 1st ex.s. c 68 § 3.]
68.46.030
[Title 68 RCW—page 20]
68.46.040
68.46.040 Prearrangement trust funds—Deposit
with qualified public depository or certain insured instruments. All prearrangement trust funds shall be deposited in
a qualified public depository as defined by RCW 68.46.010
or in instruments insured by any agency of the federal government, if these securities are held in public depository.
Such savings accounts shall be designated as the "prearrangement trust fund" by name and the particular cemetery authority for the benefit of the beneficiaries named in any prearrangement contract. [1987 c 331 § 50; 1973 1st ex.s. c 68 §
4.]
68.46.050
68.46.050 Withdrawals from trust funds—Notice of
department of social and health services' claim. (1) A
bank, trust company, or savings and loan association designated as the depository of prearrangement funds shall permit
withdrawal by a cemetery authority of all funds deposited
under any specific prearrangement contract plus interest
(2004 Ed.)
Prearrangement Contracts
accrued thereon, under the following circumstances and conditions:
(a) If the cemetery authority files a verified statement
with the depository that the prearrangement merchandise and
services covered by a contract have been furnished and delivered in accordance therewith; or
(b) If the cemetery authority files a verified statement
that a specific prearrangement contract has been canceled in
accordance with its terms.
(2) The department of social and health services shall
notify the cemetery authority maintaining a prearrangement
trust fund regulated by this chapter that the department has a
claim on the estate of a beneficiary for long-term care services. Such notice shall be renewed at least every three years.
The cemetery authority upon becoming aware of the death of
a beneficiary shall give notice to the department of social and
health services, office of financial recovery, who shall file
any claim there may be within thirty days of the notice.
[1995 1st sp.s. c 18 § 65; 1973 1st ex.s. c 68 § 5.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
68.46.055
68.46.055 Cemetery authority may not enter into certain retail contracts which require or permit authority to
furnish merchandise, services, etc., at future date—
Exclusion of transactions under chapter 63.14 RCW—
Prearrangement contracts—Duty of cemetery authority
upon death of purchaser or owner. (1) No cemetery
authority may enter into a retail contract for the purchase of
debentures, shares, scrip, bonds, notes, or any instrument or
evidence of indebtedness, excluding retail installment sales
transactions governed by chapter 63.14 RCW, which directly
or indirectly requires or permits the cemetery authority to furnish to the holder at a future date cemetery merchandise or
services, or crypts, niches, or graves.
(2) A cemetery authority which enters into prearrangement contracts for the sale of unconstructed crypts or niches
or undeveloped graves or which conveys undeveloped graves
by gift shall maintain an adequate inventory of constructed
crypts or niches and developed graves which in quality are
equal to or better than the unconstructed crypts or niches, or
undeveloped graves if they were constructed or developed. In
the event of the death of a purchaser or owner of an unconstructed crypt or niche or undeveloped grave before the
unconstructed crypt or niche or undeveloped grave is constructed or developed the cemetery authority shall provide a
constructed crypt or niche or developed grave of equal or better quality without additional cost or charge. If two or more
unconstructed crypts or niches or undeveloped graves are
conveyed with the intention that the crypts or niches or
graves shall be contiguous to each other or maintained
together as a group and the death of any one purchaser or
owner in such group occurs before the unconstructed crypts
or niches or undeveloped graves are developed, the cemetery
authority shall provide additional constructed crypts or
niches or developed graves of equal or better quality contiguous to each other or together as a group as originally intended
to other purchasers or owners in the group without additional
cost or charge. [1984 c 53 § 8.]
(2004 Ed.)
68.46.090
68.46.060
68.46.060 Termination of contract by purchaser or
beneficiary. Any purchaser or beneficiary or beneficiaries
may, upon written demand of any cemetery authority,
demand that any prearrangement contract with such cemetery
authority be terminated. In such event, the cemetery authority
shall within thirty days refund to such purchaser or beneficiary or beneficiaries fifty percent of the moneys received
less the contractual price of any merchandise delivered or services performed before the termination plus interest earned.
In any case, where, under a prearrangement contract there is
more than one beneficiary, no written demand as provided in
this section shall be honored by any cemetery authority
unless the written demand provided for in this section shall
bear the signatures of all of such beneficiaries. [1987 c 331 §
51; 1984 c 53 § 4; 1979 c 21 § 25; 1973 1st ex.s. c 68 § 6.]
68.46.070
68.46.070 Involuntary termination of contract—
Refund. Prearrangement contracts shall terminate upon
demand of the purchaser of the contract if the cemetery
authority shall go out of business, become insolvent or bankrupt, make an assignment for the benefit of creditors, or for
any other reason be unable to fulfill the obligations under the
contract. Upon demand by the purchaser or beneficiary or
beneficiaries of any prearrangement contract, the cemetery
authority shall refund one hundred percent of the original
contract, less delivered services and merchandise, including
funds held in deposit and interest earned thereon, unless otherwise ordered by a court of competent jurisdiction. [1987 c
331 § 52; 1979 c 21 § 26; 1973 1st ex.s. c 68 § 7.]
68.46.075
68.46.075 Inactive contracts—Funds transfer—Obligations. In the event the beneficiary or beneficiaries of a prearrangement contract make no claim within fifty years of the
date of the contract for the merchandise and services provided in the prearrangement contract, the funds deposited in
the prearrangement trust funds attributable to that contract
and the interest on said funds shall be transferred to the cemetery authority's endowment fund to be used for the uses and
purposes for which the endowment fund was established.
However, the cemetery authority shall remain obligated for
merchandise and services, unconstructed crypts or niches,
and undeveloped graves under the terms of the prearrangement contract. Claims may be made for merchandise and services, unconstructed crypts or niches, and undeveloped
graves on a prearrangement contract after the funds have
been transferred to the endowment fund and shall be paid for
from the endowment fund income to the extent of the funds
attributable to the prearrangement contract. [1979 c 21 § 27.]
68.46.080
68.46.080 Other use of trust funds prohibited. Prearrangement trust funds shall not be used in any way, directly
or indirectly, for the benefit of the cemetery authority or any
director, officer, agent or employee of any cemetery authority, including, but not limited to any encumbrance, pledge, or
other utilization or prearrangement trust funds as collateral or
other security. [1973 1st ex.s. c 68 § 8.]
68.46.090
68.46.090 Financial reports—Filing—Verification.
Any cemetery authority selling prearrangement merchandise
or other prearrangement services shall file in its office or
[Title 68 RCW—page 21]
68.46.100
Title 68 RCW: Cemeteries, Morgues, and Human Remains
offices and with the cemetery board a written report upon
forms prepared by the cemetery board which shall state the
amount of the principle of the prearrangement trust fund or
funds, the depository of such fund or funds, and cash on hand
which is or may be due to such fund as well as such other
information the board may deem appropriate. All information
appearing on such written reports shall be revised at least
annually. These reports shall be verified by the president, or
the vice president, and one other officer of the cemetery
authority, the accountant or auditor who prepared the report,
and, if required by the board for good cause, a certified public
accountant in accordance with generally accepted auditing
standards. Verification of these reports by a certified public
accountant in accordance with generally accepted auditing
standards shall be required on reports from cemetery authorities which manage prearrangement trust funds totaling in
excess of five hundred thousand dollars. [1983 c 190 § 1;
1977 ex.s. c 351 § 5; 1973 1st ex.s. c 68 § 9.]
Severability—1977 ex.s. c 351: See note following RCW 68.05.040.
68.46.100
68.46.100 Information to be furnished purchaser in
contract—Information to be furnished purchaser of
unconstructed crypts or niches or undeveloped graves.
Every prearrangement contract shall contain language which
informs the purchaser of the prearrangement trust fund and
the amount to be deposited in the prearrangement trust fund,
which shall not be less than fifty percent of the cash purchase
price of the merchandise and services in the contract and shall
not include charges for endowment care when included in the
purchase price.
Every prearrangement contract shall contain language
prominently featured on the face of the contract disclosing to
the purchaser what items will be delivered before need, either
stored or installed, and thus not subject to funding or refund.
Every prearrangement contract for the sale of unconstructed crypts or niches or undeveloped graves and every
conveyance instrument shall contain language which informs
the purchaser that if the purchaser dies before the unconstructed crypt or niche or undeveloped grave is constructed or
developed the cemetery authority must provide, without
additional cost or charge, a constructed crypt or niche or
developed grave of equal or better quality than the unconstructed crypt or niche or undeveloped grave would have
been if it were constructed or developed. [1987 c 331 § 53;
1984 c 53 § 5; 1973 1st ex.s. c 68 § 10.]
68.46.110
68.46.110 Compliance required. No cemetery authority shall sell, offer to sell or authorize the sale of cemetery
merchandise or services or accept funds in payment of any
prearrangement contract, either directly or indirectly, unless
such acts are performed in compliance with chapter 68, Laws
of 1973 1st ex. sess., and under the authority of a valid, subsisting and unsuspended certificate of authority to operate a
cemetery in this state by the Washington state cemetery
board. [1973 1st ex.s. c 68 § 11.]
68.46.125
68.46.125 Certain cemeteries exempt from chapter.
This chapter does not apply to any cemetery controlled and
operated by a coroner, county, city, town, or cemetery district. [1987 c 331 § 54.]
[Title 68 RCW—page 22]
68.46.130
68.46.130 Exemptions from chapter granted by
board. The cemetery board may grant an exemption from
any or all of the requirements of this chapter relating to prearrangement contracts to any cemetery authority which:
(1) Sells less than twenty prearrangement contracts per
year; and
(2) Deposits one hundred percent of all funds received
into a trust fund under RCW 68.46.030, as now or hereafter
amended. [1979 c 21 § 43.]
68.46.150
68.46.150 Sales licenses—Qualifications. To qualify
for and hold a prearrangement sales license a cemetery
authority must comply with and qualify according to the provisions of this chapter. [1979 c 21 § 40.]
68.46.160
68.46.160 Contract forms—Filing. No cemetery
authority shall use a prearrangement contract without first filing the form of such contract with the board: PROVIDED,
That the board may order the cemetery authority to cease
using any prearrangement contract form which:
(1) Is in violation of any provision of this chapter;
(2) Is misleading or deceptive; or
(3) Is being used in connection with solicitation by false,
misleading or deceptive advertising or sales practices.
Use of a prearrangement contract form which is not on
file with the board or which the board has ordered the cemetery authority not to use shall be a violation of this chapter.
[1979 c 21 § 38.]
68.46.170
68.46.170 Sales licenses—Requirement. No cemetery
authority shall enter into prearrangement contracts in this
state unless the cemetery authority has obtained a prearrangement sales license issued by the board or its authorized representative and such license is then current and valid. [1979 c
21 § 23.]
68.46.900
68.46.900 Effective date—1987 c 331.
68.05.900.
Chapter 68.50
See RCW
Chapter 68.50 RCW
HUMAN REMAINS
Sections
68.50.010
68.50.015
68.50.020
68.50.032
68.50.035
68.50.040
68.50.050
68.50.060
68.50.070
68.50.080
68.50.090
68.50.100
68.50.101
68.50.102
68.50.103
68.50.104
68.50.105
68.50.106
Coroner's jurisdiction over remains.
Immunity for determining cause and manner of death—Judicial review of determination.
Notice to coroner—Penalty.
Transportation of remains directed by coroner or medical
examiner—Costs.
Unlawful to refuse burial to non-Caucasian.
Deceased's effects to be listed.
Removal or concealment of body—Penalty.
Bodies for instruction purposes.
Bodies, when may be used for dissection.
Certificate and bond before receiving bodies.
Penalty.
Dissection, when permitted—Autopsy of person under the age
of three years.
Autopsy, post mortem—Who may authorize.
Court petition for autopsy—Cost.
Autopsies in industrial deaths.
Cost of autopsy.
Autopsies, post mortems—Reports and records confidential—
Exceptions.
Autopsies, post mortems—Analyses—Opinions—Evidence—Costs.
(2004 Ed.)
Human Remains
68.50.107
68.50.108
68.50.110
68.50.120
68.50.130
68.50.135
68.50.140
68.50.145
68.50.150
68.50.160
68.50.165
68.50.170
68.50.180
68.50.185
68.50.190
68.50.200
68.50.210
68.50.220
68.50.230
68.50.232
68.50.240
68.50.250
68.50.270
68.50.290
68.50.300
68.50.310
68.50.320
68.50.330
68.50.500
68.50.510
68.50.520
68.50.530
68.50.540
68.50.550
68.50.560
68.50.570
68.50.580
68.50.590
68.50.600
68.50.610
68.50.620
68.50.635
68.50.640
68.50.900
68.50.901
68.50.902
68.50.903
68.50.904
State toxicological laboratory established—State toxicologist.
Autopsies, post mortems—Consent to embalm or cremate
body—Time limitation.
Burial or cremating.
Holding body for debt—Penalty.
Unlawful disposal of remains.
Individual's remains—Burial on island solely owned by individual, immediate family, or estate.
Opening graves—Stealing body—Receiving same.
Removing remains—Penalty.
Mutilating, disinterring human remains—Penalty.
Right to control disposition of remains—Liability of funeral
establishment or cemetery authority—Liability for cost.
Embalming services—When provided without charge.
Effect of authorization.
Right to rely on authorization—State agency funding for cremation.
Individual cremation—Exception—Penalty.
Liability for damages—Limitation.
Permission to remove remains.
Notice for order to remove remains.
Exceptions.
Undisposed remains—Rules.
Undisposed remains—Entrusting to funeral homes or mortuaries.
Record of remains to be kept.
Crematory record of caskets—Penalty.
Possession of cremated remains.
Corneal tissue for transplantation—Presumption of good faith.
Release of information concerning a death.
Dental identification system established—Powers and duties.
Persons missing thirty days or more—Request for consent to
obtain dental records—Submission of dental records to dental identification system—Availability of files.
Identification of body or human remains by dental examination—Comparison of dental examination records with dental
records of dental identification system.
Identification of potential donors—Hospital procedures.
Good faith compliance with RCW 68.50.500—Hospital liability.
Anatomical gifts—Findings—Declaration.
Anatomical gifts—Definitions.
Anatomical gifts—Authorized—Procedures—Changes—
Refusal.
Anatomical gifts—By person other than decedent.
Anatomical gifts—Hospital procedure—Records—Liability.
Anatomical gifts—Donees.
Anatomical gifts—Document of gift—Delivery.
Anatomical gifts—Rights of donee—Time of death—Actions
by technician, enucleator.
Anatomical gifts—Hospitals—Procurement and use coordination.
Anatomical gifts—Illegal purchase or sale—Penalty.
Anatomical gifts—Examination for medical acceptability—
Jurisdiction of coroner, medical examiner—Liability limited.
Organ and tissue donor registry.
Organ and tissue donation awareness account.
Effective date—1987 c 331.
Application—1993 c 228.
Application—Construction—1993 c 228.
Severability—1993 c 228.
Short title—1993 c 228.
Burial and removal permits: RCW 70.58.230.
Coroners to submit blood samples to state toxicologist—Analysis—Utilization of reports: RCW 46.52.065.
County commissioners to dispose of remains of indigents: RCW 36.39.030.
Disposal of remains prohibited unless accompanied by proper permit: RCW
70.58.260.
Fellowship program in forensic pathology: RCW 28B.20.426.
Fetal deaths: Chapter 70.58 RCW.
Undertaker must file death certificate: RCW 70.58.240.
Veterans and relatives: Chapter 73.24 RCW.
68.50.010 Coroner's jurisdiction over remains. The
jurisdiction of bodies of all deceased persons who come to
their death suddenly when in apparent good health without
medical attendance within the thirty-six hours preceding
68.50.010
(2004 Ed.)
68.50.032
death; or where the circumstances of death indicate death was
caused by unnatural or unlawful means; or where death
occurs under suspicious circumstances; or where a coroner's
autopsy or post mortem or coroner's inquest is to be held; or
where death results from unknown or obscure causes, or
where death occurs within one year following an accident; or
where the death is caused by any violence whatsoever, or
where death results from a known or suspected abortion;
whether self-induced or otherwise; where death apparently
results from drowning, hanging, burns, electrocution, gunshot wounds, stabs or cuts, lightning, starvation, radiation,
exposure, alcoholism, narcotics or other addictions, tetanus,
strangulations, suffocation or smothering; or where death is
due to premature birth or still birth; or where death is due to a
violent contagious disease or suspected contagious disease
which may be a public health hazard; or where death results
from alleged rape, carnal knowledge or sodomy, where death
occurs in a jail or prison; where a body is found dead or is not
claimed by relatives or friends, is hereby vested in the county
coroner, which bodies may be removed and placed in the
morgue under such rules as are adopted by the coroner with
the approval of the county commissioners, having jurisdiction, providing therein how the bodies shall be brought to and
cared for at the morgue and held for the proper identification
where necessary. [1963 c 178 § 1; 1953 c 188 § 1; 1917 c 90
§ 3; RRS § 6042. Formerly RCW 68.08.010.]
68.50.015
68.50.015 Immunity for determining cause and manner of death—Judicial review of determination. A county
coroner or county medical examiner or persons acting in that
capacity shall be immune from civil liability for determining
the cause and manner of death. The accuracy of the determinations is subject to judicial review. [1987 c 263 § 1.]
68.50.020
68.50.020 Notice to coroner—Penalty. It shall be the
duty of every person who knows of the existence and location
of a dead body coming under the jurisdiction of the coroner
as set forth in RCW 68.50.010, to notify the coroner thereof
in the most expeditious manner possible, unless such person
shall have good reason to believe that such notice has already
been given. Any person knowing of the existence of such
dead body and not having good reason to believe that the coroner has notice thereof and who shall fail to give notice to the
coroner as aforesaid, shall be guilty of a misdemeanor. [1987
c 331 § 55; 1917 c 90 § 4; RRS § 6043. Formerly RCW
68.08.020.]
68.50.032
68.50.032 Transportation of remains directed by coroner or medical examiner—Costs. Whenever a coroner or
medical examiner assumes jurisdiction over human remains
and directs transportation of those remains by a funeral establishment, as defined in RCW 18.39.010, the reasonable costs
of transporting shall be borne by the county if: (1) The
funeral establishment transporting the remains is not providing the funeral or disposition services; or (2) the funeral
establishment providing the funeral or disposition services is
required to transport the remains to a facility other than its
own.
Except as provided in RCW 36.39.030, 68.52.030, and
73.08.070, any transportation costs or other costs incurred
[Title 68 RCW—page 23]
68.50.035
Title 68 RCW: Cemeteries, Morgues, and Human Remains
after the coroner or medical examiner has released jurisdiction over the human remains shall not be borne by the county.
[1991 c 176 § 1.]
68.50.035
68.50.035 Unlawful to refuse burial to non-Caucasian. It shall be unlawful for any cemetery under this chapter
to refuse burial to any person because such person may not be
of the Caucasian race. [1953 c 290 § 53. Formerly RCW
68.05.260.]
Reviser's note: RCW 68.50.035 (formerly RCW 68.05.260) was
declared unconstitutional in Price v. Evergreen Cemetery Co. of Seattle
(1960) 157 Wash. Dec. 249.
68.50.040
68.50.040 Deceased's effects to be listed. Duplicate
lists of all jewelry, moneys, papers, and other personal property of the deceased shall be made immediately upon finding
the same by the coroner or his assistants. The original of such
lists shall be kept as a public record at the morgue and the
duplicate thereof shall be forthwith duly certified to by the
coroner and filed with the county auditor. [1917 c 90 § 6;
RRS § 6045. Formerly RCW 68.08.040.]
requires the body to be buried, his body shall be buried.
[1959 c 23 § 1; 1953 c 224 § 2; 1891 c 123 § 2; RRS § 10027.
Formerly RCW 68.08.070.]
68.50.080
68.50.080 Certificate and bond before receiving bodies. Every physician or surgeon before receiving the dead
body must give to the board or officer surrendering the same
to him a certificate from the medical society of the county in
which he resides, or if there is none, from the board of supervisors of the same, that he is a fit person to receive such dead
body. He must also give a bond with two sureties, that each
body so by him received will be used only for the promotion
of anatomical science, and that it will be used for such purpose in this state only, and so as in no event to outrage the
public feeling. [1891 c 123 § 3; RRS § 10028. Formerly
RCW 68.08.080.]
68.50.090
68.50.090 Penalty. Any person violating any provision
of RCW 68.50.060 through 68.50.080 shall upon conviction
thereof be fined in any sum not exceeding five hundred dollars. [1987 c 331 § 56; 1891 c 123 § 4; RRS § 10029. Formerly RCW 68.08.090.]
68.50.050
68.50.050 Removal or concealment of body—Penalty. Any person, not authorized by the coroner or his deputies, who removes the body of a deceased person not claimed
by a relative or friend, or who came to their death by reason
of violence or from unnatural causes or where there shall
exist reasonable grounds for the belief that such death has
been caused by unlawful means at the hands of another, to
any undertaking rooms or elsewhere, or any person who
directs, aids or abets such taking, and any person who in any
way conceals the body of a deceased person for the purpose
of taking the same to any undertaking rooms or elsewhere,
shall in each of said cases be guilty of a gross misdemeanor
and upon conviction thereof shall be punished by fine of not
more than one thousand dollars, or by imprisonment in the
county jail for not more than one year or by both fine and
imprisonment in the discretion of the court. [1917 c 90 § 7;
RRS § 6046. Formerly RCW 68.08.050.]
68.50.060
68.50.060 Bodies for instruction purposes. Any physician or surgeon of this state, or any medical student under
the authority of any such physician or surgeon, may obtain, as
hereinafter provided, and have in his possession human dead
bodies, or the parts thereof, for the purposes of anatomical
inquiry or instruction. [1891 c 123 § 1; RRS § 10026. Formerly RCW 68.08.060.]
68.50.070
68.50.070 Bodies, when may be used for dissection.
Any sheriff, coroner, keeper or superintendent of a county
poorhouse, public hospital, county jail, or state institution
shall surrender the dead bodies of persons required to be buried at the public expense, to any physician or surgeon, to be
by him used for the advancement of anatomical science, preference being given to medical schools in this state, for their
use in the instruction of medical students. If the deceased person during his last sickness requested to be buried, or if
within thirty days after his death some person claiming to be
a relative or a responsible officer of a church organization
with which the deceased at the time of his death was affiliated
[Title 68 RCW—page 24]
68.50.100
68.50.100 Dissection, when permitted—Autopsy of
person under the age of three years. (1) The right to dissect
a dead body shall be limited to cases specially provided by
statute or by the direction or will of the deceased; cases where
a coroner is authorized to hold an inquest upon the body, and
then only as he or she may authorize dissection; and cases
where the spouse or next of kin charged by law with the duty
of burial shall authorize dissection for the purpose of ascertaining the cause of death, and then only to the extent so
authorized: PROVIDED, That the coroner, in his or her discretion, may make or cause to be made by a competent
pathologist, toxicologist, or physician, an autopsy or postmortem in any case in which the coroner has jurisdiction of a
body: PROVIDED, FURTHER, That the coroner may with
the approval of the University of Washington and with the
consent of a parent or guardian deliver any body of a
deceased person under the age of three years over which he or
she has jurisdiction to the University of Washington medical
school for the purpose of having an autopsy made to determine the cause of death.
(2) Every person who shall make, cause, or procure to be
made any dissection of a body, except as provided in this section, is guilty of a gross misdemeanor. [2003 c 53 § 307;
1963 c 178 § 2; 1953 c 188 § 2; 1909 c 249 § 237; RRS §
2489. Formerly RCW 68.08.100.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.50.101
68.50.101 Autopsy, post mortem—Who may authorize. Autopsy or post mortem may be performed in any case
where authorization has been given by a member of one of
the following classes of persons in the following order of priority:
(1) The surviving spouse;
(2) Any child of the decedent who is eighteen years of
age or older;
(3) One of the parents of the decedent;
(2004 Ed.)
Human Remains
(4) Any adult brother or sister of the decedent;
(5) A person who was guardian of the decedent at the
time of death;
(6) Any other person or agency authorized or under an
obligation to dispose of the remains of the decedent. The
chief official of any such agency shall designate one or more
persons to execute authorizations pursuant to the provisions
of this section.
If the person seeking authority to perform an autopsy or
post mortem makes reasonable efforts to locate and secure
authorization from a competent person in the first or succeeding class and finds no such person available, authorization
may be given by any person in the next class, in the order of
descending priority. However, no person under this section
shall have the power to authorize an autopsy or post mortem
if a person of higher priority under this section has refused
such authorization: PROVIDED, That this section shall not
affect autopsies performed pursuant to RCW 68.50.010 or
68.50.103. [1987 c 331 § 57; 1977 c 79 § 1; 1953 c 188 § 11.
Formerly RCW 68.08.101.]
68.50.102
68.50.102 Court petition for autopsy—Cost. Any
party by showing just cause may petition the court to have
autopsy made and results thereof made known to said party at
his own expense. [1953 c 188 § 12. Formerly RCW
68.08.102.]
68.50.107
Payments from the account shall be made pursuant to
biennial appropriation: PROVIDED, That no county may
reduce funds appropriated for this purpose below 1983 budgeted levels. [2001 c 82 § 2; 1983 1st ex.s. c 16 § 14; 1963 c
178 § 3; 1953 c 188 § 7. Formerly RCW 68.08.104.]
Severability—Effective date—1983 1st ex.s. c 16: See RCW
43.103.900 and 43.103.901.
68.50.105
68.50.105 Autopsies, post mortems—Reports and
records confidential—Exceptions. Reports and records of
autopsies or post mortems shall be confidential, except that
the following persons may examine and obtain copies of any
such report or record: The personal representative of the
decedent as defined in RCW 11.02.005, any family member,
the attending physician, the prosecuting attorney or law
enforcement agencies having jurisdiction, public health officials, or to the department of labor and industries in cases in
which it has an interest under RCW 68.50.103.
The coroner, the medical examiner, or the attending physician shall, upon request, meet with the family of the decedent to discuss the findings of the autopsy or post mortem.
For the purposes of this section, the term "family" means the
surviving spouse, or any child, parent, grandparent, grandchild, brother, or sister of the decedent, or any person who
was guardian of the decedent at the time of death. [1987 c
331 § 58; 1985 c 300 § 1; 1977 c 79 § 2; 1953 c 188 § 9. Formerly RCW 68.08.105.]
68.50.103
68.50.103 Autopsies in industrial deaths. In an industrial death where the cause of death is unknown, and where
the department of labor and industries is concerned, said
department in its discretion, may request the coroner in writing to perform an autopsy to determine the cause of death.
The coroner shall be required to promptly perform such
autopsy upon receipt of the written request from the department of labor and industries. [1953 c 188 § 6. Formerly
RCW 68.08.103.]
68.50.104
68.50.104 Cost of autopsy. (1) The cost of autopsy
shall be borne by the county in which the autopsy is performed, except when requested by the department of labor
and industries, in which case, the department shall bear the
cost of such autopsy.
(2) Except as provided in (c) of this subsection, when the
county bears the cost of an autopsy, it shall be reimbursed
from the death investigations account, established by RCW
43.79.445, as follows:
(a) Up to forty percent of the cost of contracting for the
services of a pathologist to perform an autopsy;
(b) Up to twenty-five percent of the salary of pathologists who are primarily engaged in performing autopsies and
are (i) county coroners or county medical examiners, or (ii)
employees of a county coroner or county medical examiner;
and
(c) When the county bears the cost of an autopsy of a
child under the age of three whose death was sudden and
unexplained, the county shall be reimbursed for the expenses
of the autopsy when the death scene investigation and the
autopsy have been conducted under RCW 43.103.100 (4) and
(5), and the autopsy has been done at a facility designed for
the performance of autopsies.
(2004 Ed.)
68.50.106
68.50.106 Autopsies, post mortems—Analyses—
Opinions—Evidence—Costs. In any case in which an
autopsy or post mortem is performed, the coroner or medical
examiner, upon his or her own authority or upon the request
of the prosecuting attorney or other law enforcement agency
having jurisdiction, may make or cause to be made an analysis of the stomach contents, blood, or organs, or tissues of a
deceased person and secure professional opinions thereon
and retain or dispose of any specimens or organs of the
deceased which in his or her discretion are desirable or needful for anatomic, bacteriological, chemical, or toxicological
examination or upon lawful request are needed or desired for
evidence to be presented in court. Costs shall be borne by the
county. [1993 c 228 § 19; 1987 c 331 § 59; 1975-'76 2nd
ex.s. c 28 § 1; 1953 c 188 § 10. Formerly RCW 68.08.106.]
68.50.107
68.50.107 State toxicological laboratory established—State toxicologist. There shall be established in
conjunction with the chief of the Washington state patrol and
under the authority of the state forensic investigations council
a state toxicological laboratory under the direction of the
state toxicologist whose duty it will be to perform all necessary toxicologic procedures requested by all coroners, medical examiners, and prosecuting attorneys. The state forensic
investigations council, after consulting with the chief of the
Washington state patrol and director of the bureau of forensic
laboratory services, shall appoint a toxicologist as state toxicologist, who shall report to the director of the bureau of
forensic laboratory services and the office of the chief of the
Washington state patrol. Toxicological services shall be
funded by disbursement from the spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports enter[Title 68 RCW—page 25]
68.50.108
Title 68 RCW: Cemeteries, Morgues, and Human Remains
tainment facility license fees as provided in RCW 66.08.180
and by appropriation from the death investigations account as
provided in RCW 43.79.445. [1999 c 281 § 13; 1999 c 40 §
8; 1995 c 398 § 10; 1986 c 87 § 2; 1983 1st ex.s. c 16 § 10;
1975-'76 2nd ex.s. c 84 § 1; 1970 ex.s. c 24 § 1; 1953 c 188 §
13. Formerly RCW 68.08.107.]
Reviser's note: This section was amended by 1999 c 40 § 8 and by
1999 c 281 § 13, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1999 c 40: See note following RCW 43.103.010.
Effective date—1986 c 87: See note following RCW 66.08.180.
Severability—Effective date—1983 1st ex.s. c 16: See RCW
43.103.900 and 43.103.901.
State forensic investigations council: Chapter 43.103 RCW.
68.50.108
68.50.108 Autopsies, post mortems—Consent to
embalm or cremate body—Time limitation. No dead body
upon which the coroner, or prosecuting attorney, if there be
no coroner in the county, may perform an autopsy or post
mortem, shall be embalmed or cremated without the consent
of the coroner having jurisdiction, and failure to obtain such
consent shall be a misdemeanor: PROVIDED, That such
autopsy or post mortem must be performed within five days,
unless the coroner shall obtain an order from the superior
court extending such time. [1953 c 188 § 8. Formerly RCW
68.08.108.]
68.50.110
68.50.110 Burial or cremating. Except in cases of dissection provided for in RCW 68.50.100, and where a dead
body shall rightfully be carried through or removed from the
state for the purpose of burial elsewhere, every dead body of
a human being lying within this state, and the remains of any
dissected body, after dissection, shall be decently buried, or
cremated within a reasonable time after death. [1987 c 331 §
60; 1909 c 249 § 238; RRS § 2490. Formerly RCW
68.08.110.]
ing ordinance if in compliance with other applicable state
laws. [1984 c 53 § 7. Formerly RCW 68.08.135.]
68.50.140
68.50.140 Opening graves—Stealing body—Receiving same. (1) Every person who shall remove the dead body
of a human being, or any part thereof, from a grave, vault, or
other place where the same has been buried or deposited
awaiting burial or cremation, without authority of law, with
intent to sell the same, or for the purpose of securing a reward
for its return, or for dissection, or from malice or wantonness,
is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not more than five
years, or by a fine of not more than one thousand dollars, or
by both.
(2) Every person who shall purchase or receive, except
for burial or cremation, any such dead body, or any part
thereof, knowing that the same has been removed contrary to
the foregoing provisions, is guilty of a class C felony and
shall be punished by imprisonment in a state correctional
facility for not more than three years, or by a fine of not more
than one thousand dollars, or by both.
(3) Every person who shall open a grave or other place of
interment, temporary or otherwise, or a building where such
dead body is deposited while awaiting burial or cremation,
with intent to remove the body or any part thereof, for the
purpose of selling or demanding money for the same, for dissection, from malice or wantonness, or with intent to sell or
remove the coffin or of any part thereof, or anything attached
thereto, or any vestment, or other article interred, or intended
to be interred with the body, is guilty of a class C felony and
shall be punished by imprisonment in a state correctional
facility for not more than three years, or by a fine of not more
than one thousand dollars, or by both. [2003 c 53 § 308; 1992
c 7 § 44; 1909 c 249 § 239; RRS § 2491. FORMER PART
OF SECTION: 1943 c 247 § 25 now codified as RCW
68.50.145. Formerly RCW 68.08.140.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.50.120
68.50.120 Holding body for debt—Penalty. Every
person who arrests, attaches, detains, or claims to detain any
human remains for any debt or demand, or upon any pretended lien or charge, is guilty of a gross misdemeanor.
[1943 c 247 § 27; Rem. Supp. 1943 § 3778-27. Formerly
RCW 68.08.120.]
68.50.130
68.50.130 Unlawful disposal of remains. Every person who permanently deposits or disposes of any human
remains, except as otherwise provided by law, in any place,
except in a cemetery or a building dedicated exclusively for
religious purposes, is guilty of a misdemeanor. [1943 c 247
§ 28; Rem. Supp. 1943 § 3778-28. Formerly RCW
68.08.130.]
68.50.135
68.50.135 Individual's remains—Burial on island
solely owned by individual, immediate family, or estate.
The human remains of an individual may be buried on the
property of the individual or the individual's immediate family or estate if such property is an island in the sole ownership
of the individual, or the individual's immediate family or
estate, without obtaining a permit or a variance from any zon[Title 68 RCW—page 26]
68.50.145
68.50.145 Removing remains—Penalty. Every person
who removes any part of any human remains from any place
where it has been interred, or from any place where it is
deposited while awaiting interment, with intent to sell it, or to
dissect it, without authority of law, or from malice or wantonness, is guilty of a class C felony and shall be punished by
imprisonment in a state correctional facility for not more than
five years, or by a fine of not more than one thousand dollars,
or by both. [2003 c 53 § 309; 1992 c 7 § 45; 1943 c 247 § 25;
Rem. Supp. 1943 c 3778-25. Formerly RCW 68.08.140, part,
and 68.08.145.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.50.150
68.50.150 Mutilating, disinterring human remains—
Penalty. Every person who mutilates, disinters, or removes
from the place of interment any human remains without
authority of law, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not
more than three years, or by a fine of not more than one thousand dollars, or by both. [2003 c 53 § 310; 1992 c 7 § 46;
(2004 Ed.)
Human Remains
1943 c 247 § 26; Rem. Supp. 1943 § 3778-26. Formerly
RCW 68.08.150.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.50.160
68.50.160 Right to control disposition of remains—
Liability of funeral establishment or cemetery authority—Liability for cost. (1) A person has the right to control
the disposition of his or her own remains without the predeath
or postdeath consent of another person. A valid written document expressing the decedent's wishes regarding the place or
method of disposition of his or her remains, signed by the
decedent in the presence of a witness, is sufficient legal
authorization for the procedures to be accomplished.
(2) Prearrangements that are prepaid, or filed with a
licensed funeral establishment or cemetery authority, under
RCW 18.39.280 through 18.39.345 and chapter 68.46 RCW
are not subject to cancellation or substantial revision by survivors. Absent actual knowledge of contrary legal authorization under this section, a licensed funeral establishment or
cemetery authority shall not be held criminally nor civilly liable for acting upon such prearrangements.
(3) If the decedent has not made a prearrangement as set
forth in subsection (2) of this section or the costs of executing
the decedent's wishes regarding the disposition of the decedent's remains exceeds a reasonable amount or directions
have not been given by the decedent, the right to control the
disposition of the remains of a deceased person vests in, and
the duty of disposition and the liability for the reasonable cost
of preparation, care, and disposition of such remains
devolves upon the following in the order named:
(a) The surviving spouse.
(b) The surviving adult children of the decedent.
(c) The surviving parents of the decedent.
(d) The surviving siblings of the decedent.
(e) A person acting as a representative of the decedent
under the signed authorization of the decedent.
(4) The liability for the reasonable cost of preparation,
care, and disposition devolves jointly and severally upon all
kin of the decedent in the same degree of kindred, in the order
listed in subsection (3) of this section, and upon the estate of
the decedent. [1993 c 297 § 1; 1992 c 108 § 1; 1943 c 247 §
29; Rem. Supp. 1943 § 3778-29. Formerly RCW 68.08.160.]
County burial of indigent deceased veterans: RCW 73.08.070.
Disposal of remains of indigent persons: RCW 36.39.030.
Order of payment of debts of estate: RCW 11.76.110.
68.50.165
68.50.165 Embalming services—When provided
without charge. If embalming services are not desired nor
required for the type of arrangements chosen by the authorized family member or representative and a refrigeration
unit is unavailable for use, embalming services shall be provided without charge in instances where the body is to be
held more than twenty-four hours. [1985 c 402 § 2. Formerly
RCW 68.08.165.]
Legislative finding—1985 c 402: "The legislature finds that certain
practices in storing human remains and in performing cremations violate
common notions of decency and generally held expectations. In enacting this
legislation, the legislature is reaffirming that certain practices, which have
never been acceptable, violate principles of human dignity." [1985 c 402 §
1.]
(2004 Ed.)
68.50.190
68.50.170 Effect of authorization. Any person signing
any authorization for the interment or cremation of any
remains warrants the truthfulness of any fact set forth in the
authorization, the identity of the person whose remains are
sought to be interred or cremated, and his authority to order
interments or cremation. He is personally liable for all damage occasioned by or resulting from breach of such warranty.
[1943 c 247 § 30; Rem. Supp. 1943 § 3778-30. Formerly
RCW 68.08.170.]
68.50.170
68.50.180
68.50.180 Right to rely on authorization—State
agency funding for cremation. The cemetery authority may
inter or cremate any remains upon the receipt of a written
authorization of a person representing himself to be a person
who has acquired the right to control the disposition of the
remains. A cemetery authority is not liable for interring or
cremating pursuant to such authorization, unless it has actual
notice that such representation is untrue.
In the event the state of Washington or any of its agencies provide the funds for the disposition of any remains and
the state or its agency elects to provide the funds for cremation only, the cemetery authority or licensed funeral
establishment shall not be criminally or civilly liable for cremating the remains.
If a cemetery authority with a permit issued under RCW
68.05.175 or a funeral establishment licensed under chapter
18.39 RCW has made a good faith effort to locate the persons
cited in RCW 68.50.160 or the legal representative of the
decedent's estate, the cemetery authority or funeral establishment shall have the right to rely on an authority to cremate
executed by the most responsible party available, and the
cemetery authority or funeral establishment shall not be criminally or civilly liable for cremating the remains. [1993 c 43
§ 5; 1979 c 21 § 14; 1943 c 247 § 31; Rem. Supp. 1943 §
3778-31. Formerly RCW 68.08.180.]
Effective date of 1993 c 43—1993 sp.s. c 24: See note following RCW
18.39.290.
68.50.185 Individual cremation—Exception—Penalty. (1) A person authorized to dispose of human remains
shall not cremate or cause to be cremated more than one body
at a time unless written permission, after full and adequate
disclosure regarding the manner of cremation, has been
received from the person or persons under RCW 68.50.160
having the authority to order cremation. This restriction shall
not apply when equipment, techniques, or devices are
employed that keep human remains separate and distinct
before, during, and after the cremation process.
(2) Violation of this section is a gross misdemeanor.
[1987 c 331 § 61; 1985 c 402 § 3. Formerly RCW 68.08.185.]
68.50.185
Legislative finding—1985 c 402: See note following RCW 68.50.165.
68.50.190 Liability for damages—Limitation. No
action shall lie against any cemetery authority relating to the
remains of any person which have been left in its possession
for a period of two years, unless a written contract has been
entered into with the cemetery authority for their care or
unless permanent interment has been made. Nothing in this
section shall be construed as an extension of the existing statute prescribing the period within which an action based upon
a tort must be commenced. No licensed funeral director shall
68.50.190
[Title 68 RCW—page 27]
68.50.200
Title 68 RCW: Cemeteries, Morgues, and Human Remains
be liable in damages for any cremated human remains after
the remains have been deposited with a cemetery in the state
of Washington. [1943 c 247 § 32; Rem. Supp. 1943 § 377832. Formerly RCW 68.08.190.]
Limitation of actions: Chapter 4.16 RCW.
68.50.200
68.50.200 Permission to remove remains. The
remains of a deceased person may be removed from a plot in
a cemetery with the consent of the cemetery authority and the
written consent of one of the following in the order named:
(1) The surviving spouse.
(2) The surviving children of the decedent.
(3) The surviving parents of the decedent.
(4) The surviving brothers or sisters of the decedent.
If the required consent cannot be obtained, permission
by the superior court of the county where the cemetery is situated is sufficient: PROVIDED, That the permission shall
not violate the terms of a written contract or the rules and regulations of the cemetery authority. [1943 c 247 § 33; Rem.
Supp. 1943 § 3778-33. Formerly RCW 68.08.200.]
68.50.210
68.50.210 Notice for order to remove remains. Notice
of application to the court for such permission shall be given,
at least ten days prior thereto, personally, or at least fifteen
days prior thereto if by mail, to the cemetery authority and to
the persons not consenting, and to every other person on
whom service of notice may be required by the court. [1943
c 247 § 34; Rem. Supp. 1943 § 3778-34. Formerly RCW
68.08.210.]
68.50.220
68.50.220 Exceptions. RCW 68.50.200 and 68.50.210
do not apply to or prohibit the removal of any remains from
one plot to another in the same cemetery or the removal of
remains by a cemetery authority from a plot for which the
purchase price is past due and unpaid, to some other suitable
place; nor do they apply to the disinterment of remains upon
order of court or coroner. [1987 c 331 § 62; 1943 c 247 § 35;
Rem. Supp. 1943 § 3778-35. Formerly RCW 68.08.220.]
68.50.230
68.50.230 Undisposed remains—Rules. Whenever
any dead human body shall have been in the lawful possession of any person, firm, corporation or association for a
period of one year or more, or whenever the incinerated
remains of any dead human body have been in the lawful possession of any person, firm, corporation or association for a
period of two years or more, and the relatives of, or persons
interested in, the deceased person shall fail, neglect or refuse
for such periods of time, respectively, to direct the disposition to be made of such body or remains, such body or
remains may be disposed of by the person, firm, corporation
or association having such lawful possession thereof, under
and in accordance with rules adopted by the cemetery board
and the board of funeral directors and embalmers, not inconsistent with any statute of the state of Washington or rule or
regulation prescribed by the state board of health. [1985 c
402 § 9; 1979 c 158 § 218; 1937 c 108 § 14; RRS § 8323-3.
Formerly RCW 68.08.230.]
Legislative finding—1985 c 402: See note following RCW 68.50.165.
[Title 68 RCW—page 28]
68.50.232
68.50.232 Undisposed remains—Entrusting to
funeral homes or mortuaries. See RCW 36.24.155.
68.50.240
68.50.240 Record of remains to be kept. The person
in charge of any premises on which interments or cremations
are made shall keep a record of all remains interred or cremated on the premises under his charge, in each case stating
the name of each deceased person, date of cremation or interment, and name and address of the funeral director. [1943 c
247 § 39; Rem. Supp. 1943 § 3778-39. Formerly RCW
68.08.240.]
68.50.250
68.50.250 Crematory record of caskets—Penalty. (1)
No crematory shall hereafter cremate the remains of any
human body without making a permanent signed record of
the color, shape, and outside covering of the casket consumed
with such body, the record to be open to inspection of any
person lawfully entitled thereto.
(2) A person violating this section is guilty of a misdemeanor, and each violation shall constitute a separate
offense. [2003 c 53 § 311; 1943 c 247 § 57; Rem. Supp. 1943
§ 3778-57. FORMER PART OF SECTION: 1943 c 247 §
58 now codified as RCW 68.50.260. Formerly RCW
68.20.100.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.50.270
68.50.270 Possession of cremated remains. The person or persons determined under RCW 68.50.160 as having
authority to order cremation shall be entitled to possession of
the cremated remains without further intervention by the state
or its political subdivisions. [1987 c 331 § 63; 1977 c 47 § 4.
Formerly RCW 68.08.245.]
68.50.290
68.50.290 Corneal tissue for transplantation—Presumption of good faith. In any subsequent civil action in
which the next of kin of a decedent contends that he/she affirmatively informed the county coroner or medical examiner or
designee of his/her objection to removal of corneal tissue
from the decedent, it shall be presumed that the county coroner or medical examiner acted in good faith and without
knowledge of the objection. [1975-'76 2nd ex.s. c 60 § 2.
Formerly RCW 68.08.305.]
68.50.300
68.50.300 Release of information concerning a death.
(1) The county coroner, medical examiner, or prosecuting
attorney having jurisdiction may in such official's discretion
release information concerning a person's death to the media
and general public, in order to aid in identifying the deceased,
when the identity of the deceased is unknown to the official
and when he does not know the information to be readily
available through other sources.
(2) The county coroner, medical examiner, or prosecuting attorney may withhold any information which directly or
indirectly identifies a decedent until either:
(a) A notification period of forty-eight hours has elapsed
after identification of the decedent by such official; or
(b) The next of kin of the decedent has been notified.
During the forty-eight hour notification period, such
official shall make a good faith attempt to locate and notify
(2004 Ed.)
Human Remains
the next of kin of the decedent. [1981 c 176 § 2. Formerly
RCW 68.08.320.]
68.50.500
Severability—Effective date—1983 1st ex.s. c 16: See RCW
43.103.900 and 43.103.901.
Missing children clearinghouse and hot line: Chapter 13.60 RCW.
68.50.310
68.50.310 Dental identification system established—
Powers and duties. A dental identification system is established in the identification section of the Washington state
patrol. The dental identification system shall act as a repository or computer center or both for dental examination
records and it shall be responsible for comparing such
records with dental records filed under RCW 68.50.330. It
shall also determine which scoring probabilities are the highest for purposes of identification and shall submit such information to the coroner or medical examiner who prepared and
forwarded the dental examination records. Once the dental
identification system is established, operating funds shall
come from the state general fund. [1987 c 331 § 65; 1983 1st
ex.s. c 16 § 15. Formerly RCW 68.08.350.]
Severability—Effective date—1983 1st ex.s. c 16: See RCW
43.103.900 and 43.103.901.
68.50.320
68.50.320 Persons missing thirty days or more—
Request for consent to obtain dental records—Submission of dental records to dental identification system—
Availability of files. When a person reported missing has
not been found within thirty days of the report, the sheriff,
chief of police, county coroner or county medical examiner,
or other law enforcement authority initiating and conducting
the investigation for the missing person shall ask the missing
person's family or next of kin to give written consent to contact the dentist or dentists of the missing person and request
the person's dental records.
When a person reported missing has not been found
within thirty days, the sheriff, chief of police, or other law
enforcement authority initiating and conducting the investigation for the missing person shall confer with the county
coroner or medical examiner prior to the preparation of a
missing person's report. After conferring with the coroner or
medical examiner, the sheriff, chief of police, or other law
enforcement authority shall submit a missing person's report
and the dental records received under this section to the dental identification system of the state patrol *identification and
criminal history section on forms supplied by the state patrol
for such purpose.
When a person reported missing has been found, the
sheriff, chief of police, coroner or medical examiner, or other
law enforcement authority shall report such information to
the state patrol.
The dental identification system shall maintain a file of
information regarding persons reported to it as missing. The
file shall contain the information referred to in this section
and such other information as the state patrol finds relevant to
assist in the location of a missing person.
The files of the dental identification system shall, upon
request, be made available to law enforcement agencies
attempting to locate missing persons. [2001 c 223 § 1; 1984
c 17 § 18; 1983 1st ex.s. c 16 § 16. Formerly RCW
68.08.355.]
*Reviser's note: The "identification and criminal history section" has
been redesignated the "identification, child abuse, vulnerable adult abuse,
and criminal history section." See RCW 43.43.700.
(2004 Ed.)
68.50.330
68.50.330 Identification of body or human remains
by dental examination—Comparison of dental examination records with dental records of dental identification
system. If the county coroner or county medical examiner
investigating a death is unable to establish the identity of a
body or human remains by visual means, fingerprints, or
other identifying data, he or she shall have a qualified dentist,
as determined by the county coroner or county medical
examiner, carry out a dental examination of the body or
human remains. If the county coroner or county medical
examiner with the aid of the dental examination and other
identifying findings is still unable to establish the identity of
the body or human remains, he or she shall prepare and forward such dental examination records within thirty days of
the date the body or human remains were found to the dental
identification system of the state patrol *identification and
criminal history section on forms supplied by the state patrol
for such purposes.
The dental identification system shall act as a repository
or computer center or both with respect to such dental examination records. It shall compare such dental examination
records with dental records filed with it and shall determine
which scoring probabilities are the highest for the purposes of
identification. It shall then submit such information to the
county coroner or county medical examiner who prepared
and forwarded the dental examination records. [2001 c 172 §
1; 1984 c 17 § 19; 1983 1st ex.s. c 16 § 17. Formerly RCW
68.08.360.]
*Reviser's note: The "identification and criminal history section" has
been redesignated the "identification, child abuse, vulnerable adult abuse,
and criminal history section." See RCW 43.43.700.
Severability—Effective date—1983 1st ex.s. c 16: See RCW
43.103.900 and 43.103.901.
68.50.500
68.50.500 Identification of potential donors—Hospital procedures. Each hospital shall develop procedures for
identifying potential anatomical parts donors. The procedures
shall require that any deceased individual's next of kin or
other individual, as set forth in RCW 68.50.550, and the medical record does not specify the deceased as a donor, at or
near the time of notification of death be asked whether the
deceased was a part donor. If not, the family shall be
informed of the option to donate parts pursuant to the uniform
anatomical gift act. With the approval of the designated next
of kin or other individual, as set forth in RCW 68.50.550, the
hospital shall then notify an established procurement organization including those organ procurement agencies associated with a national organ procurement transportation network or other eligible donee, as specified in RCW 68.50.570,
and cooperate in the procurement of the anatomical gift or
gifts. The procedures shall encourage reasonable discretion
and sensitivity to the family circumstances in all discussions
regarding donations of parts. The procedures may take into
account the deceased individual's religious beliefs or obvious
nonsuitability for an anatomical parts donation. Laws pertaining to the jurisdiction of the coroner shall be complied
with in all cases of reportable deaths pursuant to RCW
[Title 68 RCW—page 29]
68.50.510
Title 68 RCW: Cemeteries, Morgues, and Human Remains
68.50.010. [1993 c 228 § 20; 1987 c 331 § 71; 1986 c 129 §
1. Formerly RCW 68.08.650.]
68.50.510
68.50.510 Good faith compliance with RCW
68.50.500—Hospital liability. No act or omission of a hospital in developing or implementing the provisions of RCW
68.50.500, when performed in good faith, shall be a basis for
the imposition of any liability upon the hospital.
This section shall not apply to any act or omission of the
hospital that constitutes gross negligence or wilful and wanton conduct. [1987 c 331 § 72; 1986 c 129 § 2. Formerly
RCW 68.08.660.]
68.50.520
68.50.520 Anatomical gifts—Findings—Declaration.
The legislature finds that:
(1) The demand for donor organs and body parts exceeds
the available supply for transplant.
(2) The discussion regarding advance directives including anatomical gifts is most appropriate with the primary care
provider during an office visit.
(3) Federal law requires hospitals, skilled nursing facilities, home health agencies, and hospice programs to provide
information regarding advance directives.
(4) Discretion and sensitivity must be used in discussion
and requests for anatomical gifts.
The legislature declares that it is in the best interest of the
citizens of Washington to provide a program that will
increase the number of anatomical gifts available for donation, and the legislature further declares that wherever possible policies and procedures required in this chapter shall be
consistent with the federal requirements. [1993 c 228 § 1.]
68.50.530
68.50.530 Anatomical gifts—Definitions. Unless the
context requires otherwise, the definitions in this section
apply throughout RCW 68.50.520 through 68.50.620,
68.50.635, 68.50.640, and 68.50.901 through 68.50.904.
(1) "Anatomical gift" means a donation of all or part of a
human body to take effect upon or after death.
(2) "Decedent" means a deceased individual.
(3) "Document of gift" means a card, a statement
attached to or imprinted on a motor vehicle operator's license,
a will, or other writing used to make an anatomical gift.
(4) "Donor" means an individual who makes an anatomical gift of all or part of the individual's body.
(5) "Enucleator" means an individual who is qualified to
remove or process eyes or parts of eyes.
(6) "Hospital" means a facility licensed under chapter
70.41 RCW, or as a hospital under the law of any state or a
facility operated as a hospital by the United States government, a state, or a subdivision of a state.
(7) "Part" means an organ, tissue, eye, bone, artery,
blood, fluid, or other portion of a human body.
(8) "Person" means an individual, corporation, business
trust, estate, trust, partnership, joint venture, association, government, governmental subdivision or agency, or any other
legal or commercial entity.
(9) "Physician" or "surgeon" means an individual
licensed or otherwise authorized to practice medicine and
surgery or osteopathic medicine and surgery under chapters
18.71 and 18.57 RCW.
[Title 68 RCW—page 30]
(10) "Procurement organization" means a person
licensed, accredited, or approved under the laws of any state
for procurement, distribution, or storage of human bodies or
parts.
(11) "Reasonable costs" include: (a) Programming and
software installation and upgrades; (b) employee training that
is specific to the organ and tissue donor registry or the donation program created in RCW 46.12.510; (c) literature that is
specific to the organ and tissue donor registry or the donation
program created in RCW 46.12.510; and (d) hardware
upgrades or other issues important to the organ and tissue
donor registry or the donation program created in RCW
46.12.510 that have been mutually agreed upon in advance
by the department of licensing and the Washington state
organ procurement organizations.
(12) "State" means a state, territory, or possession of the
United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(13) "Technician" means an individual who is qualified
to remove or process a part.
(14) "Washington state organ procurement organization"
means an organ procurement organization that has been designated by the United States department of health and human
services to coordinate organ procurement activities for any
portion of Washington state. [2003 c 94 § 2; 1996 c 178 § 15;
1993 c 228 § 2.]
Findings—2003 c 94: "The legislature finds that the use of anatomical
gifts, including the donation of organ[s] or tissue, for the purpose of transplantation is of great interest to the citizens of Washington state and may
save or prolong the life or improve the health of extremely ill and dying persons.
The legislature further finds that more than eighty thousand people are
currently waiting for life-saving organ transplants on the national transplant
waiting list. More than one thousand two hundred of these people are listed
at Washington state transplant centers. Nationally, seventeen people die
each day as a result of the shortage of donated organs.
The creation of a statewide organ and tissue donor registry is crucial to
facilitate timely and successful organ and tissue procurement. The legislature further finds that continuing education as to the existence and maintenance of a statewide organ and tissue donor registry is in the best interest of
the people of the state of Washington." [2003 c 94 § 1.]
Effective date—1996 c 178: See note following RCW 18.35.110.
68.50.540
68.50.540 Anatomical gifts—Authorized—Procedures—Changes—Refusal. (1) An individual who is at
least eighteen years of age, or an individual who is at least
sixteen years of age as provided in subsection (12) of this section, may (a) make an anatomical gift for any of the purposes
stated in RCW 68.50.570(1), (b) limit an anatomical gift to
one or more of those purposes, or (c) refuse to make an anatomical gift.
(2) An anatomical gift may be made by a document of
gift signed by the donor. If the donor cannot sign, the document of gift must be signed by another individual and by two
witnesses, all of whom have signed at the direction and in the
presence of the donor and of each other and state that it has
been so signed.
(3) If a document of gift is attached to or imprinted on a
donor's motor vehicle operator's license, the document of gift
must comply with subsection (2) of this section. Revocation,
suspension, expiration, or cancellation of the license does not
invalidate the anatomical gift.
(2004 Ed.)
Human Remains
(4) The donee or other person authorized to accept the
anatomical gift may employ or authorize a physician, surgeon, technician, or enucleator to carry out the appropriate
procedures.
(5) An anatomical gift by will takes effect upon death of
the testator, whether or not the will is probated. If, after
death, the will is declared invalid for testamentary purposes,
the validity of the anatomical gift is unaffected.
(6)(a) A donor may amend or revoke an anatomical gift,
not made by will, by:
(i) A signed statement;
(ii) An oral statement made in the presence of two individuals;
(iii) Any form of communication during a terminal illness or injury; or
(iv) The delivery of a signed statement to a specified
donee to whom a document of gift had been delivered.
(b) A donor shall notify a Washington state organ procurement organization of the destruction, cancellation, or
mutilation of the document of gift for the purpose of removing the person's name from the organ and tissue donor registry created in RCW 68.50.635. If the Washington state organ
procurement organization that is notified does not maintain a
registry for Washington residents, it shall notify all Washington state organ procurement organizations that do maintain
such a registry.
(7) The donor of an anatomical gift made by will may
amend or revoke the gift in the manner provided for amendment or revocation of wills, or as provided in subsection (6)
of this section.
(8) An anatomical gift that is not revoked by the donor
before death is irrevocable and does not require the consent
or concurrence of a person after the donor's death.
(9) An individual may refuse to make an anatomical gift
of the individual's body or part by (a) a writing signed in the
same manner as a document of gift, (b) a statement attached
to or imprinted on a donor's motor vehicle operator's license,
or (c) another writing used to identify the individual as refusing to make an anatomical gift. During a terminal illness or
injury, the refusal may be an oral statement or other form of
communication.
(10) In the absence of contrary indications by the donor,
an anatomical gift of a part is neither a refusal to give other
parts nor a limitation on an anatomical gift under RCW
68.50.550.
(11) In the absence of contrary indications by the donor,
a revocation or amendment of an anatomical gift is not a
refusal to make another anatomical gift. If the donor intends
a revocation to be a refusal to make an anatomical gift, the
donor shall make the refusal pursuant to subsection (9) of this
section.
(12) An individual who is under the age of eighteen, but
is at least sixteen years of age, may make an anatomical gift
as provided by subsection (2) of this section, if the document
of gift is also signed by either parent or a guardian of the
donor. A document of gift signed by a donor under the age of
eighteen that is not signed by either parent or a guardian shall
not be considered valid until the person reaches the age of
eighteen, but may be considered as evidence that the donor
has not refused permission to make an anatomical gift under
(2004 Ed.)
68.50.560
the provisions of RCW 68.50.550. [2003 c 94 § 4; 1995 c 132
§ 1; 1993 c 228 § 3.]
Findings—2003 c 94: See note following RCW 68.50.530.
68.50.550
68.50.550 Anatomical gifts—By person other than
decedent. (1) A member of the following classes of persons,
in the order of priority listed, absent contrary instructions by
the decedent, may make an anatomical gift of all or a part of
the decedent's body for an authorized purpose, unless the
decedent, at the time of death, had made an unrevoked refusal
to make that anatomical gift:
(a) The appointed guardian of the person of the decedent
at the time of death;
(b) The individual, if any, to whom the decedent had
given a durable power of attorney that encompassed the
authority to make health care decisions;
(c) The spouse of the decedent;
(d) A son or daughter of the decedent who is at least
eighteen years of age;
(e) Either parent of the decedent;
(f) A brother or sister of the decedent who is at least
eighteen years of age;
(g) A grandparent of the decedent.
(2) An anatomical gift may not be made by a person
listed in subsection (1) of this section if:
(a) A person in a prior class is available at the time of
death to make an anatomical gift;
(b) The person proposing to make an anatomical gift
knows of a refusal or contrary indications by the decedent; or
(c) The person proposing to make an anatomical gift
knows of an objection to making an anatomical gift by a
member of the person's class or a prior class.
(3) An anatomical gift by a person authorized under subsection (1) of this section must be made by (a) a document of
gift signed by the person or (b) the person's telegraphic,
recorded telephonic, or other recorded message, or other
form of communication from the person that is contemporaneously reduced to writing and signed by the recipient of the
communication.
(4) An anatomical gift by a person authorized under subsection (1) of this section may be revoked by a member of the
same or a prior class if, before procedures have begun for the
removal of a part from the body of the decedent, the physician, surgeon, technician, or enucleator removing the part
knows of the revocation.
(5) A failure to make an anatomical gift under subsection
(1) of this section is not an objection to the making of an anatomical gift. [1993 c 228 § 4.]
68.50.560
68.50.560 Anatomical gifts—Hospital procedure—
Records—Liability. (1) On or before admission to a hospital, or as soon as possible thereafter, a person designated by
the hospital shall ask each patient who is at least eighteen
years of age: "Are you an organ or tissue donor?" If the
answer is affirmative the person shall request a copy of the
document of gift. If the answer is negative or there is no
answer, the person designated shall provide the patient information about the right to make a gift and shall ask the patient
if he or she wishes to become an anatomical parts donor. If
the answer is affirmative, the person designated shall provide
[Title 68 RCW—page 31]
68.50.570
Title 68 RCW: Cemeteries, Morgues, and Human Remains
a document of gift to the patient. The answer to the questions,
an available copy of any document of gift or refusal to make
an anatomical gift, and any other relevant information shall
be placed in the patient's medical record.
(2) If, at or near the time of death of a patient, there is no
medical record that the patient has made or refused to make
an anatomical gift, the hospital administrator or a representative designated by the administrator shall discuss the option
to make or refuse to make an anatomical gift and request the
making of an anatomical gift under RCW 68.50.550(1). The
request shall be made with reasonable discretion and sensitivity to the circumstances of the family. A request is not
required if the gift is not suitable, based upon accepted medical standards, for a purpose specified in RCW 68.50.570. An
entry shall be made in the medical record of the patient, stating the name and affiliation of the individual making the
request, and of the name, response, and relationship to the
patient of the person to whom the request was made. The secretary of the department of health shall adopt rules to implement this subsection.
(3) The following persons shall make a reasonable
search of the individual and his or her personal effects for a
document of gift or other information identifying the bearer
as a donor or as an individual who has refused to make an
anatomical gift:
(a) The agency assuming jurisdiction over the decedent,
such as the coroner or medical examiner; or
(b) A hospital, upon the admission of an individual at or
near the time of death, if there is not immediately available
another source of that information.
(4) If a document of gift or evidence of refusal to make
an anatomical gift is located by the search required by subsection (3)(a) of this section, and the individual or body to
whom it relates is taken to a hospital, the hospital shall be
notified of the contents and the document or other evidence
shall be sent to the hospital.
(5) If, at or near the time of death of a patient, a hospital
knows that an anatomical gift has been made under RCW
68.50.550(1), or that a patient or an individual identified as in
transit to the hospital is a donor, the hospital shall notify the
donee if one is named and known to the hospital; if not, it
shall notify an appropriate procurement organization. The
hospital shall cooperate in the procurement of the anatomical
gift or release and removal of a part.
(6) A person who fails to discharge the duties imposed
by this section is not subject to criminal or civil liability.
(7) Hospitals shall develop policies and procedures to
implement this section. [1993 c 228 § 5.]
(2) An anatomical gift may be made to a designated
donee or without designating a donee. If a donee is not designated or if the donee is not available or rejects the anatomical
gift, the anatomical gift may be accepted by any hospital.
(3) If the donee knows of the decedent's refusal or contrary indications to make an anatomical gift or that an anatomical gift made by a member of a class having priority to
act is opposed by a member of the same class or a prior class
under RCW 68.50.550(1), the donee may not accept the anatomical gift. [1993 c 228 § 6.]
68.50.580
68.50.580 Anatomical gifts—Document of gift—
Delivery. (1) Delivery of a document of gift during the
donor's lifetime is not required for the validity of an anatomical gift.
(2) If an anatomical gift is made to a designated donee,
the document of gift, or a copy, may be delivered to the donee
to expedite the appropriate procedures after death. The document of gift, or a copy, may be deposited in a hospital, procurement organization, or registry office that accepts it for
safekeeping or for facilitation of procedures after death. On
request of an interested person, upon or after the donor's
death, the person in possession shall allow the interested person to examine or copy the document of gift. [1993 c 228 §
7.]
68.50.590
68.50.590 Anatomical gifts—Rights of donee—Time
of death—Actions by technician, enucleator. (1) Rights of
a donee created by an anatomical gift are superior to rights of
others except when under the jurisdiction of the coroner or
medical examiner. A donee may accept or reject an anatomical gift. If a donee accepts an anatomical gift of an entire
body, the donee, subject to the terms of the gift, may allow
embalming and use of the body in funeral services. If the gift
is of a part of a body, the donee, upon the death of the donor
and before embalming, shall cause the part to be removed
without unnecessary mutilation. After removal of the part,
custody of the remainder of the body vests in the person
under obligation to dispose of the body.
(2) The time of death must be determined by a physician
or surgeon who attends the donor at death or, if none, the physician or surgeon who certifies the death. Neither the physician or surgeon who attends the donor at death nor the physician or surgeon who determines the time of death may participate in the procedures for removing or transplanting a part.
(3) If there has been an anatomical gift, a technician may
remove any donated parts and an enucleator may remove any
donated eyes or parts of eyes, after determination of death by
a physician or surgeon. [1993 c 228 § 8.]
68.50.570
68.50.570 Anatomical gifts—Donees. (1) The following persons may become donees of anatomical gifts for the
purposes stated:
(a) A hospital, physician, surgeon, or procurement organization for transplantation, therapy, medical or dental education, research, or advancement of medical or dental science;
(b) An accredited medical or dental school, college, or
university for education, research, or advancement of medical or dental science; or
(c) A designated individual for transplantation or therapy
needed by that individual.
[Title 68 RCW—page 32]
68.50.600
68.50.600 Anatomical gifts—Hospitals—Procurement and use coordination. Each hospital in this state, after
consultation with other hospitals and procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and parts.
[1993 c 228 § 9.]
68.50.610
68.50.610 Anatomical gifts—Illegal purchase or
sale—Penalty. (1) A person may not knowingly, for valuable consideration, purchase or sell a part for transplantation
(2004 Ed.)
Human Remains
or therapy, if removal of the part is intended to occur after the
death of the decedent.
(2) Valuable consideration does not include reasonable
payment for the removal, processing, disposal, preservation,
quality control, storage, transportation, or implantation of a
part.
(3) A person who violates this section is guilty of a class
C felony and upon conviction is subject to a fine not exceeding fifty thousand dollars or imprisonment not exceeding five
years, or both. [2003 c 53 § 312; 1993 c 228 § 10.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.50.620
68.50.620 Anatomical gifts—Examination for medical acceptability—Jurisdiction of coroner, medical examiner—Liability limited. (1) An anatomical gift authorizes
reasonable examination necessary to assure medical acceptability of the gift for the purposes intended.
(2) The provisions of RCW 68.50.520 through
*68.50.630 and 68.50.901 through 68.50.904 are subject to
the laws of this state governing the jurisdiction of the coroner
or medical examiner.
(3) A hospital, physician, surgeon, coroner, medical
examiner, local public health officer, enucleator, technician,
or other person, who acts in accordance with RCW 68.50.520
through *68.50.630 and 68.50.901 through 68.50.904 or with
the applicable anatomical gift law of another state or a foreign country or attempts in good faith to do so, is not liable
for that act in a civil action or criminal proceeding.
(4) An individual who makes an anatomical gift under
RCW 68.50.540 or 68.50.550 and the individual's estate are
not liable for injury or damage that may result from the making or the use of the anatomical gift. [1993 c 228 § 11.]
*Reviser's note: RCW 68.50.630 was repealed by 2002 c 45 § 1.
68.50.635
68.50.635 Organ and tissue donor registry. (1) The
department of licensing shall electronically transfer all information that appears on the front of a driver's license or identicard including the name, gender, date of birth, and most
recent address of any person who obtains a driver's license or
identicard and volunteers to donate organs or tissue upon
death to any Washington state organ procurement organization that intends to establish a statewide organ and tissue
donor registry as provided under subsection (2) of this section. All subsequent electronic transfers of donor information shall be at no charge to this Washington state organ procurement organization.
(2) Information obtained by a Washington state organ
procurement organization under subsection (1) of this section
shall be used for the purpose of establishing a statewide organ
and tissue donor registry accessible to in-state recognized
cadaveric organ and cadaveric tissue agencies for the recovery or placement of organs and tissue and to procurement
agencies in another state when a Washington state resident is
a donor of an anatomical gift and is not located in this state at
the time of death or immediately before the death of the
donor. Any registry created using information acquired
under subsection (1) of this section must include all residents
of Washington state regardless of their residence within the
service area designated by the federal government.
(2004 Ed.)
68.50.640
(3) No organ or tissue donation organization may obtain
information from the organ and tissue donor registry for the
purposes of fund raising. Organ and tissue donor registry
information may not be further disseminated unless authorized in this section or by federal law. Dissemination of
organ and tissue donor registry information may be made by
a Washington state organ procurement organization to
another Washington state organ procurement organization, a
recognized in-state procurement agency for other tissue
recovery, or an out-of-state federally designated organ procurement organization that has been designated by the United
States department of health and human services to serve an
area outside Washington.
(4) A Washington state organ procurement organization
may acquire donor information from sources other than the
department of licensing.
(5) All reasonable costs associated with the creation of
an organ and tissue donor registry shall be paid by the Washington state organ procurement organization that has
requested the information. The reasonable costs associated
with the initial installation and setup for electronic transfer of
the donor information at the department of licensing shall be
paid by the Washington state organ procurement organization
that requested the information.
(6) An individual does not need to participate in the
organ and tissue donor registry to be a donor of organs or tissue. The registry is to facilitate organ and tissue donations
and not inhibit persons from being donors upon death. [2003
c 94 § 3.]
Findings—2003 c 94: See note following RCW 68.50.530.
68.50.640
68.50.640 Organ and tissue donation awareness
account. (1) The organ and tissue donation awareness
account is created in the custody of the state treasurer. All
receipts from donations made under RCW 46.12.510, and
other contributions and appropriations specifically made for
the purposes of organ and tissue donor awareness, shall be
deposited into the account. Except as provided in subsection
(2) of this section, expenditures from the account may be
authorized by the director of the department of licensing or
the director's designee and do not require an appropriation.
(2) The department of licensing shall submit a funding
request to the legislature covering the reasonable costs associated with the ongoing maintenance associated with the
electronic transfer of the donor information to the organ and
tissue donor registry and the donation program established in
RCW 46.12.510. The legislature shall appropriate to the
department of licensing an amount it deems reasonable from
the organ and tissue donation awareness account to the
department of licensing for these purposes.
(3) At least quarterly, the department of licensing shall
transmit any remaining moneys in the organ and tissue donation awareness account to the foundation established in RCW
46.12.510 for the costs associated with educating the public
about the organ and tissue donor registry and related organ
and tissue donation education programs.
(4) Funding for donation awareness programs must be
proportional across the state regardless of which Washington
state organ procurement organization may be designated by
the United States department of health and human services to
[Title 68 RCW—page 33]
68.50.900
Title 68 RCW: Cemeteries, Morgues, and Human Remains
serve a particular geographic area. No funds from the
account may be used to fund activities outside Washington
state. [2003 c 94 § 7.]
Findings—2003 c 94: See note following RCW 68.50.530.
68.50.900
68.50.900 Effective date—1987 c 331.
68.05.900.
See RCW
68.52.250
68.52.260
68.52.270
68.52.280
68.52.290
68.52.300
68.52.310
68.52.320
68.52.330
68.50.901
68.50.901 Application—1993 c 228. RCW 68.50.520
through *68.50.630 and 68.50.901 through 68.50.904 apply
to a document of gift, revocation, or refusal to make an anatomical gift signed by the donor or a person authorized to
make or object to making an anatomical gift before, on, or
after July 25, 1993. [1993 c 228 § 12.]
*Reviser's note: RCW 68.50.630 was repealed by 2002 c 45 § 1.
68.50.902
68.50.902 Application—Construction—1993 c 228.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. [1993 c 228 § 13.]
68.50.903
68.50.903 Severability—1993 c 228. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 228 § 14.]
68.50.904
68.50.904 Short title—1993 c 228. RCW 68.50.520
through *68.50.630 and 68.50.901 through 68.50.903 may be
cited as the "uniform anatomical gift act." [1993 c 228 § 16.]
*Reviser's note: RCW 68.50.630 was repealed by 2002 c 45 § 1.
Chapter 68.52 RCW
PUBLIC CEMETERIES AND MORGUES
Chapter 68.52
Sections
68.52.010
68.52.020
68.52.030
68.52.040
68.52.045
68.52.050
68.52.060
68.52.065
68.52.070
68.52.080
68.52.090
68.52.100
68.52.110
68.52.120
68.52.130
68.52.140
68.52.150
68.52.155
68.52.160
68.52.170
68.52.180
68.52.190
68.52.192
68.52.193
68.52.195
68.52.200
68.52.210
68.52.220
Morgues authorized in counties.
Coroner to control morgue—Expense.
Counties and cities may provide for burial, acquire cemeteries,
etc.
Cities and towns may own, improve, etc., cemeteries.
Cities and towns may provide for a cemetery board.
Cemetery improvement fund.
Care and investment of fund.
Approval of investments.
Cemetery fund—Management.
Books of account—Audit.
Establishment authorized.
Petition—Requisites—Examination.
Hearing—Place and date.
Publication and posting of petition and notice of hearing.
Hearing—Inclusion and exclusion of lands.
Election on formation of district and first commissioners.
Election, how conducted—Notice.
Conformity with election laws—Exception—Vacancies.
Election ballot.
Canvass of returns—Resolution of organization.
Review—Organization complete.
General powers of district.
Public cemetery facilities or services—Cooperation with public or private agencies—Joint purchasing.
Public cemetery facilities or services—"Public agency"
defined.
Community revitalization financing—Public improvements.
Right of eminent domain.
Power to do cemetery business—District may embrace certain
cities and towns—Eminent domain exception.
District commissioners—Compensation—Election.
[Title 68 RCW—page 34]
68.52.900
68.52.901
Special elections.
Oath of commissioners.
Organization of board—Secretary—Office—Meetings—
Powers.
Duty of county treasurer—Cemetery district fund.
Tax levy authorized for fund.
Disbursement of fund.
Limitation of indebtedness—Limitation of tax levy.
Dissolution of districts.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for
five years.
Severability—1947 c 6.
Effective date—1987 c 331.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Taxation, exemptions: RCW 84.36.020.
68.52.010
68.52.010 Morgues authorized in counties. The
county legislative authority of each county may at its discretion provide and equip a public morgue together with suitable
morgue wagon for the conveyance, receipt and proper disposition of the bodies of all deceased persons not claimed by
relatives, and of all dead bodies which are by law subject to a
post mortem or coroner's inquest: PROVIDED, HOWEVER, That only one public morgue may be established in
any county: PROVIDED FURTHER, That counties may
agree to establish joint morgue facilities pursuant to chapter
39.34 RCW. [1983 1st ex.s. c 16 § 19; 1917 c 90 § 1; RRS §
6040. Formerly RCW 68.12.010.]
Severability—Effective date—1983 1st ex.s. c 16: See RCW
43.103.900 and 43.103.901.
68.52.020
68.52.020 Coroner to control morgue—Expense.
Such morgue shall be under the control and management of
the coroner who shall have power with the advice and consent of the county commissioners, to employ the necessary
deputies and employees; and, with the advice and consent of
the county commissioners, to fix their salaries and compensation, which, together with the expenses of operating such
morgue, shall be paid monthly out of the county treasury.
[1917 c 90 § 2; RRS § 6041. Formerly RCW 68.12.020.]
68.52.030
68.52.030 Counties and cities may provide for burial,
acquire cemeteries, etc. Each and every county, town or
city, shall have power to provide a hearse and pall for burial
of the dead, and to procure and hold lands for burying
grounds, and to make regulations and fence the same, and to
preserve the monuments erected therein, and to levy and collect the necessary taxes for that purpose, in the same manner
as other taxes are levied and collected. [1857 p 28 § 3; RRS
§ 3772. Formerly RCW 68.12.030.]
68.52.040
68.52.040 Cities and towns may own, improve, etc.,
cemeteries. Any city or town may acquire, hold, or improve
land for cemetery purposes, and may sell lots therein, and
may provide by ordinance that a specified percentage of the
proceeds therefrom be set aside and invested, and the income
from the investment be used in the care of the lots, and may
take and hold any property devised, bequeathed or given
upon trust, and apply the income thereof for the improvement
or embellishment of the cemeteries or the erection or preservation of structures, fences, or walks therein, or for the repair,
preservation, erection, or renewal of any tomb, monument,
(2004 Ed.)
Public Cemeteries and Morgues
gravestone, fence, railing, or other erection at or around a
cemetery, lot, or plat, or for planting and cultivating trees,
shrubs, flowers, or plants in or around the lot or plot, or for
improving or embellishing the cemetery in any other manner
or form consistent with the design and purpose of the city,
according to the terms of the grant, devise, or bequest. [1955
c 378 § 1; 1909 c 156 § 1; RRS § 3773. Formerly RCW
68.12.040.]
68.52.045
68.52.045 Cities and towns may provide for a cemetery board. The legislative body of any city or town may
provide by ordinance for a cemetery board to be appointed by
the mayor in cities and towns operating under the mayorcouncil form of government, by the city commission in cities
operating under the commission form of government, and by
the city manager in cities and towns operating under the
council-manager form of government: PROVIDED FURTHER, That no ordinance shall be enacted, pursuant to this
section, in conflict with provisions contained in charters of
cities of the first class. [1955 c 378 § 2. Formerly RCW
68.12.045.]
68.52.050
68.52.050 Cemetery improvement fund. All moneys
received in the manner above provided shall be deposited
with the city treasurer, and shall be kept apart in a fund
known as the cemetery improvement fund, and shall be paid
out only upon warrants drawn by the order of the cemetery
board, if such a board exists, or by order of the body, department, commission, or committee duly authorized by ordinance to issue such an order, or by the legislative body of a
city or town, which order shall be approved by such legislative body if such order is not issued by the legislative body,
and shall be indorsed by the mayor and attested by the city
comptroller or other authorized officer. [1955 c 378 § 3;
1909 c 156 § 4; RRS § 3776. Formerly RCW 68.12.050.]
68.52.060
68.52.060 Care and investment of fund. It shall be the
duty of the cemetery board and other body or commission
having in charge the care and operation of cemeteries to
invest all sums set aside from the sale of lots, and all sums of
money received, and to care for the income of all money and
property held in trust for the purposes designated herein:
PROVIDED, HOWEVER, That all investments shall be
made in municipal, county, school or state bonds, general
obligation warrants of the city owning such cemetery, or in
first mortgages on good and improved real estate. [1933 c 91
§ 1; 1909 c 156 § 2; RRS § 3774. FORMER PART OF SECTION: 1909 c 156 § 3 now codified as RCW 68.52.065. Formerly RCW 68.12.060.]
68.52.065
68.52.065 Approval of investments. All investments
shall be approved by the council or legislative body of the
city. [1909 c 156 § 3; RRS § 3775. Formerly RCW
68.12.060, part, and 68.12.065.]
68.52.070
68.52.070 Cemetery fund—Management. The said
city shall, by ordinance, make all necessary rules and regulations concerning the control and management of said fund to
properly safeguard the same, but shall in nowise be liable for
any of said funds except a misappropriation thereof, and shall
(2004 Ed.)
68.52.120
not have power to bind the city or said fund for any further
liability than whatever net interest may be actually realized
from such investments, and shall not be liable to any particular person for more than the proportionate part of such net
earnings. [1909 c 156 § 6; RRS § 3778. Formerly RCW
68.12.070.]
68.52.080
68.52.080 Books of account—Audit. Accurate books
of account shall be kept of all transactions pertaining to said
fund, which books shall be open to the public for inspection
and shall be audited by the auditing committee of said city.
[1909 c 156 § 5; RRS § 3777. Formerly RCW 68.12.080.]
68.52.090
68.52.090 Establishment authorized. Cemetery districts may be established in all counties and on any island in
any county, as in this chapter provided. [1971 c 19 § 1; 1957
c 99 § 1; 1953 c 41 § 1; 1947 c 27 § 1; 1947 c 6 § 1; Rem.
Supp. 1947 § 3778-150. Formerly RCW 68.16.010.]
68.52.100
68.52.100 Petition—Requisites—Examination. For
the purpose of forming a cemetery district, a petition designating the boundaries of the proposed district by metes and
bounds or describing the lands to be included in the proposed
district by government townships, ranges and legal subdivisions, signed by not less than fifteen percent of the registered
voters who reside within the boundaries of the proposed district, setting forth the object of the formation of such district
and stating that the establishment thereof will be conducive
to the public welfare and convenience, shall be filed with the
county auditor of the county within which the proposed district is located, accompanied by an obligation signed by two
or more petitioners agreeing to pay the cost of publishing the
notice hereinafter provided for. The county auditor shall,
within thirty days from the date of filing of such petition,
examine the signatures and certify to the sufficiency or insufficiency thereof. The name of any person who signed a petition shall not be withdrawn from the petition after it has been
filed with the county auditor. If the petition is found to contain a sufficient number of valid signatures, the county auditor shall transmit it, with a certificate of sufficiency attached,
to the county legislative authority, which shall thereupon, by
resolution entered upon its minutes, receive the same and fix
a day and hour when it will publicly hear the petition. [1994
c 223 § 74; 1947 c 6 § 2; Rem. Supp. 1947 § 3778-151. Formerly RCW 68.16.020.]
68.52.110
68.52.110 Hearing—Place and date. The hearing on
such petition shall be at the office of the board of county commissioners and shall be held not less than twenty nor more
than forty days from the date of receipt thereof from the
county auditor. The hearing may be completed on the day set
therefor or it may be adjourned from time to time as may be
necessary, but such adjournment or adjournments shall not
extend the time for determining said petition more than sixty
days in all from the date of receipt by the board. [1947 c 6 §
3; Rem. Supp. 1947 § 3778-152. Formerly RCW 68.16.030.]
68.52.120
68.52.120 Publication and posting of petition and
notice of hearing. A copy of the petition with the names of
petitioners omitted, together with a notice signed by the clerk
[Title 68 RCW—page 35]
68.52.130
Title 68 RCW: Cemeteries, Morgues, and Human Remains
of the board of county commissioners stating the day, hour
and place of the hearing, shall be published in three consecutive weekly issues of the official newspaper of the county
prior to the date of hearing. Said clerk shall also cause a copy
of the petition with the names of petitioners omitted, together
with a copy of the notice attached, to be posted for not less
than fifteen days before the date of hearing in each of three
public places within the boundaries of the proposed district,
to be previously designated by him and made a matter of
record in the proceedings. [1947 c 6 § 4; Rem. Supp. 1947 §
3778-153. Formerly RCW 68.16.040.]
68.52.130
68.52.130 Hearing—Inclusion and exclusion of
lands. At the time and place fixed for hearing on the petition
or at any adjournment thereof, the board of county commissioners shall hear said petition and receive such evidence as it
may deem material in favor of or opposed to the formation of
the district or to the inclusion therein or exclusion therefrom
of any lands, but no lands not within the boundaries of the
proposed district as described in the petition shall be included
without a written waiver describing the land, executed by all
persons having any interest of record therein, having been
filed in the proceedings. No land within the boundaries
described in petition shall be excluded from the district.
[1947 c 6 § 5; Rem. Supp. 1947 § 3778-154. Formerly RCW
68.16.050.]
vided by law for special elections in the county. For the purpose of such election county voting precincts may be
combined or divided and redefined, and the territory in the
district shall be included in one or more election precincts as
may be deemed convenient, a polling place being designated
for each such precinct. The notice of election shall state generally and briefly the purpose thereof, shall give the boundaries of the proposed district, define the election precinct or
precincts, designate the polling place for each, mention the
names of the candidates for first cemetery district commissioners, and name the day of the election and the hours during
which the polls will be open. [1947 c 6 § 7; Rem. Supp. 1947
§ 3778-156. Formerly RCW 68.16.070.]
Elections: Title 29A RCW.
68.52.155
68.52.155 Conformity with election laws—Exception—Vacancies. Cemetery district elections shall conform
with general election laws, except that there shall be no primary to nominate candidates. All persons filing and qualifying shall appear on the general election ballot and the person
receiving the largest number of votes for each position shall
be elected.
A vacancy on a board of cemetery district commissioners shall occur and shall be filled as provided in chapter 42.12
RCW. [1996 c 324 § 4; 1994 c 223 § 73.]
68.52.160
68.52.140
68.52.140 Election on formation of district and first
commissioners. The county legislative authority shall have
full authority to hear and determine the petition, and if it finds
that the formation of the district will be conducive to the public welfare and convenience, it shall by resolution so declare,
otherwise it shall deny the petition. If the county legislative
authority finds in favor of the formation of the district, it shall
designate the name and number of the district, fix the boundaries thereof, and cause an election to be held therein for the
purpose of determining whether or not the district shall be
organized under the provisions of this chapter, and for the
purpose of electing its first cemetery district commissioners.
At the same election three cemetery district commissioners
shall be elected, but the election of the commissioners shall
be null and void if the district is not created. No primary shall
be held for the office of cemetery district commissioner. A
special filing period shall be opened as provided in *RCW
29.15.170 and 29.15.180. Candidates shall run for specific
commissioner positions. The person receiving the greatest
number of votes for each commissioner position shall be
elected to that commissioner position. The terms of office of
the initial commissioners shall be as provided in RCW
68.52.220. [1996 c 324 § 3; 1994 c 223 § 75; 1982 c 60 § 2;
1947 c 6 § 6; Rem. Supp. 1947 § 3778-155. Formerly RCW
68.16.060.]
*Reviser's note: RCW 29.15.170 and 29.15.180 were recodified as
RCW 29A.24.170 and 29A.24.180, respectively, pursuant to 2003 c 111 §
2401, effective July 1, 2004. RCW 29A.24.170 and 29A.24.180 were subsequently repealed by 2004 c 271 § 193.
68.52.150
68.52.150 Election, how conducted—Notice. Except
as otherwise provided in this chapter, the election shall insofar as possible be called, noticed, held, conducted and canvassed in the same manner and by the same officials as pro[Title 68 RCW—page 36]
68.52.160 Election ballot. The ballot for the election
shall be in such form as may be convenient but shall present
the propositions substantially as follows:
". . .( insert county name) . . . cemetery district No.
. . .(insert number). . .
. . .Yes. . .
. . .( insert coun ty name). . . cemetery distr ict No.
. . .(insert number). . .
. . .No. . ."
[1994 c 223 § 76; 1947 c 6 § 8; Rem. Supp. 1947 § 3778-157.
Formerly RCW 68.16.080.]
68.52.170
68.52.170 Canvass of returns—Resolution of organization. The returns of such election shall be canvassed at the
court house on the Monday next following the day of the
election, but the canvass may be adjourned from time to time
if necessary to await the receipt of election returns which may
be unavoidably delayed. The canvassing officials, upon conclusion of the canvass, shall forthwith certify the results
thereof in writing to the board of county commissioners. If
upon examination of the certificate of the canvassing officials
it is found that two-thirds of all the votes cast at said election
were in favor of the formation of the cemetery district, the
board of county commissioners shall, by resolution entered
upon its minutes, declare such territory duly organized as a
cemetery district under the name theretofore designated and
shall declare the three candidates receiving the highest number of votes for cemetery commissioners, the duly elected
first cemetery commissioners of the district. The clerk of the
board of county commissioners shall certify a copy of the resolution and cause it to be filed for record in the offices of the
county auditor and the county assessor of the county. The
(2004 Ed.)
Public Cemeteries and Morgues
certified copy shall be entitled to record without payment of
a recording fee. If the certificate of the canvassing officials
shows that the proposition to organize the proposed cemetery
district failed to receive two-thirds of the votes cast at said
election, the board of county commissioners shall enter a
minute to that effect and all proceedings theretofore had shall
become null and void. [1947 c 6 § 9; Rem. Supp. 1947 §
3778-158. Formerly RCW 68.16.090.]
68.52.210
any other public or private agency in buying supplies, equipment, and services collectively. [1963 c 112 § 3. Formerly
RCW 68.16.112.]
68.52.193
68.52.193 Public cemetery facilities or services—
"Public agency" defined. As used in RCW 68.52.192,
"public agency" means counties, cities and towns, special
districts, or quasi municipal corporations. [1987 c 331 § 73;
1963 c 112 § 2. Formerly RCW 68.16.113.]
68.52.180
68.52.180 Review—Organization complete. Any person, firm or corporation having a substantial interest
involved, and feeling aggrieved by any finding, determination or resolution of the board of county commissioners
under the provisions of this chapter, may appeal within five
days after such finding, determination or resolution was made
to the superior court of the county in the same manner as provided by law for appeals from orders of said board. After the
expiration of five days from the date of the resolution declaring the district organized, and upon filing of certified copies
thereof in the offices of the county auditor and county assessor, the formation of the district shall be complete and its
legal existence shall not thereafter be questioned by any person by reason of any defect in the proceedings had for the creation thereof. [1947 c 6 § 10; Rem. Supp. 1947 § 3778-159.
Formerly RCW 68.16.100.]
Appeals from action of board of county commissioners: RCW 36.32.330.
68.52.190
68.52.190 General powers of district. Cemetery districts created under this chapter shall be deemed to be municipal corporations within the purview of the Constitution and
laws of the state of Washington. They shall constitute bodies
corporate and possess all the usual powers of corporations for
public purposes. They shall have full authority to carry out
the objects of their creation, and to that end are empowered to
acquire, hold, lease, manage, occupy and sell real and personal property or any interest therein; to enter into and perform any and all necessary contracts; to appoint and employ
necessary officers, agents and employees; to contract indebtedness, to borrow money, and to issue general obligation
bonds in accordance with chapter 39.46 RCW; to levy and
enforce the collection of taxes against the lands within the
district, and to do any and all lawful acts to effectuate the purposes of this chapter. [1984 c 186 § 58; 1967 c 164 § 6; 1947
c 6 § 11; Rem. Supp. 1947 § 3778-160. Formerly RCW
68.16.110.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Tortious conduct of local governmental entities: RCW 4.96.010.
68.52.192
68.52.192 Public cemetery facilities or services—
Cooperation with public or private agencies—Joint purchasing. A cemetery district may jointly operate or provide,
cooperate to operate and provide and/or contract for a term of
not to exceed five years to provide or have provided public
cemetery facilities or services, with any other public or private agency, including out of state public agencies, which
each is separately authorized to operate or provide, under
terms mutually agreed upon by such public or private agencies. The governing body of a cemetery district may join with
(2004 Ed.)
68.52.195
68.52.195 Community revitalization financing—
Public improvements. In addition to other authority that a
cemetery district possesses, a cemetery district may provide
any public improvement as defined under RCW 39.89.020,
but this additional authority is limited to participating in the
financing of the public improvements as provided under
RCW 39.89.050.
This section does not limit the authority of a cemetery
district to otherwise participate in the public improvements if
that authority exists elsewhere. [2001 c 212 § 21.]
Severability—2001 c 212: See RCW 39.89.902.
68.52.200
68.52.200 Right of eminent domain. The taking and
damaging of property or rights therein by any cemetery district to carry out the purposes of its creation, are hereby
declared to be for a public use, and any such district shall
have and exercise the power of eminent domain to acquire
any property or rights therein, either inside or outside the district for the use of such district. In exercising the power of
eminent domain, a district shall proceed in the manner provided by law for the appropriation of real property or rights
therein by private corporations. It may at its option unite in a
single action proceedings to condemn property held by separate owners. Two or more condemnation suits instituted separately may also in the discretion of the court be consolidated
upon motion of any interested party into a single action. In
such cases the jury shall render separate verdicts for each
tract of land in different ownership. No finding of the jury or
decree of the court as to damages in any condemnation suit
instituted by the district shall be held or construed to destroy
the right of the district to levy and collect taxes for any and all
district purposes against the uncondemned land situated
within the district. [1947 c 6 § 12; Rem. Supp. 1947 § 3778161. Formerly RCW 68.16.120.]
Eminent domain: State Constitution Art. 1 § 16 (Amendment 9).
Eminent domain by corporations: Chapter 8.20 RCW.
68.52.210
68.52.210 Power to do cemetery business—District
may embrace certain cities and towns—Eminent domain
exception. (1) A cemetery district organized under this chapter shall have power to acquire, establish, maintain, manage,
improve and operate cemeteries and conduct any and all of
the businesses of a cemetery as defined in this title. A cemetery district shall constitute a cemetery authority as defined in
this title and shall have and exercise all powers conferred
thereby upon a cemetery authority and be subject to the provisions thereof.
(2) A cemetery district may include within its boundaries
the lands embraced within the corporate limits of any incorporated city or town with a population of less than ten thou[Title 68 RCW—page 37]
68.52.220
Title 68 RCW: Cemeteries, Morgues, and Human Remains
sand and in any such cases the district may acquire any cemetery or cemeteries theretofore maintained and operated by
any such city or town and proceed to maintain, manage,
improve and operate the same under the provisions hereof. In
such event the governing body of the city or town, after the
transfer takes place, shall levy no cemetery tax. The power of
eminent domain heretofore conferred shall not extend to the
condemnation of existing cemeteries within the district:
PROVIDED, That no cemetery district shall operate a cemetery within the corporate limits of any city or town where
there is a private cemetery operated for profit. [1994 c 81 §
82; 1971 c 19 § 2; 1959 c 23 § 2; 1957 c 39 § 1; 1947 c 6 §
13; Rem. Sup p. 19 47 § 3778 -16 2. For merly RCW
68.16.130.]
68.52.220
68.52.220 District commissioners—Compensation—
Election. The affairs of the district shall be managed by a
board of cemetery district commissioners composed of three
members. Members of the board shall receive expenses necessarily incurred in attending meetings of the board or when
otherwise engaged in district business. The board may provide, by resolution passed by the commissioners, for the payment of compensation to each of its commissioners at a rate
of up to seventy dollars for each day or portion of a day
devoted to the business of the district. However, the compensation for each commissioner must not exceed six thousand
seven hundred twenty dollars per year.
Any commissioner may waive all or any portion of his or
her compensation payable under this section as to any month
or months during his or her term of office, by a written waiver
filed with the clerk of the board. The waiver, to be effective,
must be filed any time after the commissioner's election and
prior to the date on which the compensation would otherwise
be paid. The waiver shall specify the month or period of
months for which it is made. The board shall fix the compensation to be paid the secretary and other employees of the district. Cemetery district commissioners and candidates for
cemetery district commissioner are exempt from the requirements of chapter 42.17 RCW.
The initial cemetery district commissioners shall assume
office immediately upon their election and qualification.
Staggering of terms of office shall be accomplished as follows: (1) The person elected receiving the greatest number of
votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of
office if the election is held in an even-numbered year; (2) the
person who is elected receiving the next greatest number of
votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of
office if the election is held in an even-numbered year; and
(3) the other person who is elected shall be elected to a twoyear term of office if the election is held in an odd-numbered
year or a one-year term of office if the election is held in an
even-numbered year. The initial commissioners shall assume
office immediately after they are elected and qualified but
their terms of office shall be calculated from the first day of
January after the election.
Thereafter, commissioners shall be elected to six-year
terms of office. Commissioners shall serve until their successors are elected and qualified and assume office as provided
in *RCW 29.04.170.
[Title 68 RCW—page 38]
The polling places for a cemetery district election may
be located inside or outside the boundaries of the district, as
determined by the auditor of the county in which the cemetery district is located, and no such election shall be held
irregular or void on that account. [1998 c 121 § 6; 1994 c 223
§ 77; 1990 c 259 § 33; 1982 c 60 § 3; 1979 ex.s. c 126 § 40;
1947 c 6 § 14; Rem. Supp. 1947 § 3778-163. Formerly RCW
68.16.140.]
*Reviser's note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
68.52.250
68.52.250 Special elections. Special elections submitting propositions to the registered voters of the district may
be called at any time by resolution of the cemetery commissioners in accordance with *RCW 29.13.010 and 29.13.020,
and shall be called, noticed, held, conducted and canvassed in
the same manner and by the same officials as provided for the
election to determine whether the district shall be created.
[1990 c 259 § 34; 1947 c 6 § 17; Rem. Supp. 1947 § 3778166. Formerly RCW 68.16.170.]
*Reviser's note: RCW 29.13.010 and 29.13.020 were recodified as
RCW 29A.04.320 and 29A.04.330, respectively, pursuant to 2003 c 111 §
2401, effective July 1, 2004. RCW 29A.04.320 was subsequently repealed
by 2004 c 271 § 193.
Qualifications of electors: RCW 29A.08.210.
68.52.260
68.52.260 Oath of commissioners. Each cemetery
commissioner, before assuming the duties of his office, shall
take and subscribe an official oath to faithfully discharge the
duties of his office, which oath shall be filed in the office of
the county auditor. [1986 c 167 § 24; 1947 c 6 § 18; Rem.
Supp. 1947 § 3778-167. Formerly RCW 68.16.180.]
Severability—1986 c 167: See note following RCW 29A.04.049.
68.52.270
68.52.270 Organization of board—Secretary—
Office—Meetings—Powers. The board of cemetery district
commissioners shall organize and elect a chairman from their
number and shall appoint a secretary for such term as they
may determine. The secretary shall keep a record of proceedings of the board and perform such other duties as may be
prescribed by law or by the board, and shall also take and
subscribe an oath for the faithful discharge of his duties,
which shall be filed with the county clerk. The office of the
board of cemetery commissioners and principal place of business of the district shall be at some place in the district designated by the board. The board shall hold regular monthly
meetings at its office on such day as it may by resolution
determine and may adjourn such meetings as may be required
for the transaction of business. Special meetings of the board
may be called at any time by a majority of the commissioners
or by the secretary and the chairman of the board. Any commissioner not joining in the call of a special meeting shall be
entitled to three days written notice by mail of such meeting,
specifying generally the business to be transacted. All meetings of the board of cemetery commissioners shall be public
and a majority shall constitute a quorum. All records of the
board shall be open to the inspection of any elector of the district at any meeting of the board. The board shall adopt a seal
for the district; manage and conduct the affairs of the district;
make and execute all necessary contracts; employ any neces(2004 Ed.)
Annexation and Merger of Cemetery Districts
sary service, and promulgate reasonable rules and regulations
for the government of the district and the performance of its
functions and generally perform all acts which may be necessary to carry out the purposes for which the district was
formed. [1947 c 6 § 19; Rem. Supp. 1947 § 3778-168. Formerly RCW 68.16.190.]
68.52.280
68.52.280 Duty of county treasurer—Cemetery district fund. It shall be the duty of the county treasurer of the
county in which any cemetery district is situated to receive
and disburse all district revenues and collect all taxes authorized and levied under this chapter. There is hereby created in
the office of county treasurer of each county in which a cemetery district shall be organized for the use of the district, a
cemetery district fund. All taxes levied for district purposes
when collected shall be placed by the county treasurer in the
cemetery district fund. [1947 c 6 § 20; Rem. Supp. 1947 §
3778-169. Formerly RCW 68.16.200.]
68.54.010
sioners shall have authority to make annual levies against the
lands included within the district until the obligations of the
district are fully paid. When the obligations are fully paid,
any moneys remaining in the cemetery district fund and all
collections of unpaid district taxes shall be transferred to the
current expense fund of the county. [1947 c 6 § 24; Rem.
Supp. 1947 § 3778-173. Formerly RCW 68.16.240.]
Dissolution of districts: Chapter 53.48 RCW.
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
68.52.330 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
68.52.330
68.52.900 Severability—1947 c 6. If any portion of
this act shall be adjudged invalid or unconstitutional for any
reason, such adjudication shall not affect, impair or invalidate
the remaining portions of the act. [1947 c 6 § 25; no RRS.
Formerly RCW 68.16.900.]
68.52.900
68.52.290
68.52.290 Tax levy authorized for fund. Annually,
after the county board of equalization has equalized assessments for general tax purposes, the secretary of the district
shall prepare a budget of the requirements of the cemetery
district fund, certify the same and deliver it to the board of
county commissioners in ample time for such board to levy
district taxes. At the time of making general tax levies in each
year, the board of county commissioners shall levy taxes
required for cemetery district purposes against the real and
personal property in the district in accordance with the equalized valuation thereof for general tax purposes, and as a part
of said general taxes. Such levies shall be part of the general
tax roll and be collected as a part of general taxes against the
property in the district. [1947 c 6 § 21; Rem. Supp. 1947 §
3778-170. Formerly RCW 68.16.210.]
68.52.300
68.52.300 Disbursement of fund. The county treasurer
shall disburse the cemetery district fund upon warrants issued
by the county auditor on vouchers approved and signed by a
majority of the board of cemetery commissioners and the secretary thereof. [1947 c 6 § 22; Rem. Supp. 1947 § 3778-171.
Formerly RCW 68.16.220.]
68.52.901 Effective date—1987 c 331.
68.05.900.
68.52.901
Chapter 68.54
See RCW
Chapter 68.54 RCW
ANNEXATION AND MERGER OF
CEMETERY DISTRICTS
Sections
68.54.010
68.54.020
68.54.030
68.54.040
68.54.050
68.54.060
68.54.070
68.54.080
68.54.090
68.54.100
68.54.110
68.54.120
68.54.900
Annexation—Petition—Procedure.
Merger—Authorized.
Merger—Petition—Procedure—Contents.
Merger—Petition—Rejection, concurrence or modification—
Signatures.
Merger—Petition—Special election.
Merger—Petition—Election—Vote required—Merger
effected.
Merger—Petition—When election dispensed with.
Merger—Preexisting obligations.
Merger—Transfer of all property, funds, assessments.
Merger and transfer of part of one district to adjacent district—
Petition—Election—Vote.
Merger and transfer of part of one district to adjacent district—
When election dispensed with.
Merger and transfer of part of one district to adjacent district—
Preexisting indebtedness.
Effective date—1987 c 331.
68.52.310
68.52.310 Limitation of indebtedness—Limitation of
tax levy. The board of cemetery commissioners shall have
no authority to contract indebtedness in any year in excess of
the aggregate amount of the currently levied taxes, which
annual tax levy for cemetery district purposes shall not
exceed eleven and one-quarter cents per thousand dollars of
assessed valuation. [1973 1st ex.s. c 195 § 77; 1947 c 6 § 23;
Rem. Supp. 1947 § 3778-172. Formerly RCW 68.16.230.]
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
68.52.320
68.52.320 Dissolution of districts. Cemetery districts
may be dissolved by a majority vote of the electors at an election called for that purpose, which shall be conducted in the
same manner as provided for special elections, and no further
district obligations shall thereafter be incurred, but such dissolution shall not abridge or cancel any of the outstanding
obligations of the district, and the board of county commis(2004 Ed.)
68.54.010 Annexation—Petition—Procedure. Any
territory contiguous to a cemetery district and not within the
boundaries of a city or town other than as set forth in RCW
68.52.210 or other cemetery district may be annexed to such
cemetery district by petition of ten percent of the registered
voters residing within the territory proposed to be annexed
who voted in the last general municipal election. Such petition shall be filed with the cemetery commissioners of the
cemetery district and if the cemetery commissioners shall
concur in the petition they shall then file such petition with
the county auditor who shall within thirty days from the date
of filing such petition examine the signatures thereof and certify to the sufficiency or insufficiency thereof. After the
county auditor shall have certified to the sufficiency of the
petition, the proceedings thereafter by the county legislative
authority, and the rights and powers and duties of the county
legislative authority, petitioners and objectors and the election and canvass thereof shall be the same as in the original
68.54.010
[Title 68 RCW—page 39]
68.54.020
Title 68 RCW: Cemeteries, Morgues, and Human Remains
proceedings to form a cemetery district: PROVIDED, That
the county legislative authority shall have authority and it
shall be its duty to determine on an equitable basis, the
amount of obligation which the territory to be annexed to the
district shall assume, if any, to place the taxpayers of the
existing district on a fair and equitable relationship with the
taxpayers of the territory to be annexed by reason of the benefits of coming into a going district previously supported by
the taxpayers of the existing district, and such obligation may
be paid to the district in yearly installments to be fixed by the
county legislative authority if within the limits as outlined in
RCW 68.52.310 and included in the annual tax levies against
the property in such annexed territory until fully paid. The
amount of the obligation and the plan of payment thereof
filed by the county legislative authority shall be set out in
general terms in the notice of election for annexation: PROVIDED, That the special election shall be held only within
the boundaries of the territory proposed to be annexed to the
cemetery district. Upon the entry of the order of the county
legislative authority incorporating such contiguous territory
within such existing cemetery district, the territory shall
become subject to the indebtedness, bonded or otherwise, of
the existing district in like manner as the territory of the district. Should such petition be signed by sixty percent of the
registered voters residing within the territory proposed to be
annexed, and should the cemetery commissioners concur
therein, an election in such territory and a hearing on such
petition shall be dispensed with and the county legislative
authority shall enter its order incorporating such territory
within the existing cemetery district. [1990 c 259 § 35; 1987
c 331 § 74; 1969 ex.s. c 78 § 1. Formerly RCW 68.18.010.]
68.54.020
68.54.020 Merger—Authorized. A cemetery district
organized under chapter 68.52 RCW may merge with another
such district lying adjacent thereto, upon such terms and conditions as they agree upon, in the manner hereinafter provided. The district desiring to merge with another district
shall hereinafter be called the "merging district", and the district into which the merger is to be made shall be called the
"merger district". [1990 c 259 § 36; 1969 ex.s. c 78 § 2. Formerly RCW 68.18.020.]
and conditions of the proposed merger, and shall transmit the
petition, together with a copy of its resolution thereon to the
merging district. If the petition is concurred in as presented or
as modified, the board of the merging district shall forthwith
present the petition to the auditor of the county in which the
merging district is situated, who shall within thirty days
examine the signatures thereon and certify to the sufficiency
or insufficiency thereof, and for that purpose he shall have
access to all registration books and records in the possession
of the registration officers of the election precincts included,
in whole or in part, within the merging district. Such books
and records shall be prima facie evidence of truth of the certificate. No signatures may be withdrawn from the petition
after the filing. [1969 ex.s. c 78 § 4. Formerly RCW
68.18.040.]
68.54.050
68.54.050 Merger—Petition—Special election. If the
auditor finds that the petition contains the signatures of a sufficient number of qualified electors, he shall return it,
together with his certificate of sufficiency attached thereto, to
the board of the merging district. Thereupon such board shall
adopt a resolution, calling a special election in the merging
district, at which shall be submitted to the electors thereof,
the question of the merger. [1969 ex.s. c 78 § 5. Formerly
RCW 68.18.050.]
68.54.060
68.54.060 Merger—Petition—Election—Vote
required—Merger effected. The board of [the] merging
district shall notify the board of the merger district of the
results of the election. If three-fifths of the votes cast at the
election favor the merger, the respective district boards shall
adopt concurrent resolutions, declaring the districts merged,
under the name of the merger district. Thereupon the districts
are merged into one district, under the name of the merger
district; the merging district is dissolved without further proceedings; and the boundaries of the merger district are
thereby extended to include all the area of the merging district. Thereafter the legal existence cannot be questioned by
any person by reason of any defect in the proceedings had for
the merger. [1969 ex.s. c 78 § 6. Formerly RCW 68.18.060.]
68.54.070
68.54.030
68.54.030 Merger—Petition—Procedure—Contents.
To effect such a merger, a petition therefor shall be filed with
the board of the merger district by the commissioners of the
merging district. The commissioners of the merging district
may sign and file the petition upon their own initiative, and
they shall file such a petition when it is signed by ten percent
of the registered voters resident in the merging district who
voted in the last general municipal election and presented to
them. The petition shall state the reasons for the merger; give
a detailed statement of the district's finances, listing its assets
and liabilities; state the terms and conditions under which the
merger is proposed; and pray for the merger. [1990 c 259 §
37; 1969 ex.s. c 78 § 3. Formerly RCW 68.18.030.]
68.54.040
68.54.040 Merger—Petition—Rejection, concurrence or modification—Signatures. The board of the
merger district may, by resolution, reject the petition, or it
may concur therein as presented, or it may modify the terms
[Title 68 RCW—page 40]
68.54.070 Merger—Petition—When election dispensed with. If three-fifths of all the qualified electors in the
merging district sign the petition to merge, no election on the
question of the merger is necessary. In such case the auditor
shall return the petition, together with his certificate of sufficiency attached thereto, to the board of the merging district.
Thereupon the boards of the respective districts shall adopt
their concurrent resolutions of merger in the same manner
and to the same effect as if the merger had been authorized by
an election. [1969 ex.s. c 78 § 7. Formerly RCW 68.18.070.]
68.54.080
68.54.080 Merger—Preexisting obligations. None of
the obligations of the merged districts or of a local improvement district therein shall be affected by the merger and dissolution, and all land liable to be assessed to pay any of such
indebtedness shall remain liable to the same extent as if the
merger had not been made, and any assessments theretofore
levied against the land shall remain unimpaired and shall be
collected in the same manner as if no merger had been made.
(2004 Ed.)
Penal and Miscellaneous Provisions
The commissioners of the merged district shall have all the
powers possessed at the time of the merger by the commissioners of the two districts, to levy, assess and cause to be collected all assessments against any land in both districts which
may be necessary to provide for the payment of the indebtedness thereof, and until the assessments are collected and all
indebtedness of the districts paid, separate funds shall be
maintained for each district as were maintained before the
merger: PROVIDED, That the board of the merged district
may, with the consent of the creditors of the districts merged,
cancel any or all assessments theretofore levied, in accordance with the terms and conditions of the merger, to the end
that the lands in the respective districts shall bear their fair
and proportionate share of such indebtedness. [1969 ex.s. c
78 § 8. Formerly RCW 68.18.080.]
68.54.090
68.54.090 Merger—Transfer of all property, funds,
assessments. The commissioners of the merging district
shall, forthwith upon completion of the merger, transfer, convey, and deliver to the merged district all property and funds
of the merging district, together with all interest in and right
to collect any assessments theretofore levied. [1969 ex.s. c
78 § 9. Formerly RCW 68.18.090.]
68.54.100
68.54.100 Merger and transfer of part of one district
to adjacent district—Petition—Election—Vote. A part of
one district may be transferred and merged with an adjacent
district whenever such area can be better served by the
merged district. To effect such a merger a petition, signed by
not less than fifteen percent of the qualified electors residing
in the area to be merged, shall be filed with the commissioners of the merging district. Such petition shall be promoted by
one or more qualified electors within the area to be transferred. If the commissioners of the merging district act favorably upon the petition, then the petition shall be presented to
the commissioners of the merger district. If the commissioners of the merger district act favorably upon the petition, an
election shall be called in the area merged.
In the event that either board of cemetery commissioners
should not concur with the petition, the petition may then be
presented to a county review board established for such purposes, if there be no county review board for such purposes
then to the state review board and if there be no state review
board, then to the county commissioners of the county in
which the area to be merged is situated, who shall decide if
the area can be better served by such a merger; upon an affirmative decision an election shall be called in the area merged.
A majority of the votes cast shall be necessary to
approve the transfer. [1969 ex.s. c 78 § 10. Formerly RCW
68.18.100.]
68.54.110
68.54.110 Merger and transfer of part of one district
to adjacent district—When election dispensed with. If
three-fifths of all the qualified electors in the area to be
merged sign a petition to merge the districts, no election on
the question of the merger is necessary, in which case the
auditor shall return the petition, together with his certificate
of sufficiency attached thereto, to the boards of the merging
districts. Thereupon the boards of the respective districts
shall adopt their concurrent resolutions of transfer in the
(2004 Ed.)
68.56.010
same manner and to the same effect as if the same had been
authorized by an election. [1969 ex.s. c 78 § 11. Formerly
RCW 68.18.110.]
68.54.120
68.54.120 Merger and transfer of part of one district
to adjacent district—Preexisting indebtedness. When a
part of one cemetery district is transferred to another as provided by RCW 68.54.100 and 68.54.110, said part shall be
relieved of all liability for any indebtedness of the district
from which it is withdrawn. However, the acquiring district
shall pay to the losing district that portion of the latter's
indebtedness for which the transferred part was liable. This
amount shall not exceed the proportion that the assessed valuation of the transferred part bears to the assessed valuation
of the whole district from which said part is withdrawn. The
adjustment of such indebtedness shall be based on the assessment for the year in which the transfer is made. The boards of
commissioners of the districts involved in the said transfer
and merger shall enter into a contract for the payment by the
acquiring district of the above-referred to indebtedness under
such terms as they deem proper, provided such contract shall
not impair the security of existing creditors. [1987 c 331 §
75; 1969 ex.s. c 78 § 12. Formerly RCW 68.18.120.]
68.54.900
68.54.900 Effective date—1987 c 331.
68.05.900.
See RCW
Chapter 68.56 RCW
PENAL AND MISCELLANEOUS PROVISIONS
Chapter 68.56
Sections
68.56.010
68.56.020
68.56.030
68.56.040
68.56.050
68.56.060
68.56.070
68.56.900
Unlawful damage to graves, markers, shrubs, etc.—Interfering
with funeral.
Unlawful damage to graves, markers, shrubs, etc.—Civil liability for damage.
Unlawful damage to graves, markers, shrubs, etc.—Exceptions.
Nonconforming cemetery a nuisance—Penalty—Costs of
prosecution.
Defendant liable for costs.
Police authority—Who may exercise.
Forfeiture of office for inattention to duty.
Effective date—1987 c 331.
Burial, removal permits required: RCW 70.58.230.
Care of veterans' plot at Olympia: RCW 73.24.020.
68.56.010
68.56.010 Unlawful damage to graves, markers,
shrubs, etc.—Interfering with funeral. Every person is
guilty of a gross misdemeanor who unlawfully or without
right wilfully does any of the following:
(1) Destroys, cuts, mutilates, effaces, or otherwise
injures, tears down or removes, any tomb, plot, monument,
memorial or marker in a cemetery, or any gate, door, fence,
wall, post or railing, or any enclosure for the protection of a
cemetery or any property in a cemetery.
(2) Destroys, cuts, breaks, removes or injures any building, statuary, ornamentation, tree, shrub, flower or plant
within the limits of a cemetery.
(3) Disturbs, obstructs, detains or interferes with any person carrying or accompanying human remains to a cemetery
or funeral establishment, or engaged in a funeral service, or
an interment. [1943 c 247 § 36; Rem. Supp. 1943 § 3778-36.
[Title 68 RCW—page 41]
68.56.020
Title 68 RCW: Cemeteries, Morgues, and Human Remains
Cf. 1909 c 249 § 240 and 1856-57 p 28 §§ 4, 5. Formerly
RCW 68.48.010.]
68.56.020 Unlawful damage to graves, markers,
shrubs, etc.—Civil liability for damage. Any person violating any provision of *RCW 68.48.010 is liable, in a civil
action by and in the name of the cemetery authority, to pay all
damages occasioned by his unlawful acts. The sum recovered
shall be applied in payment for the repair and restoration of
the property injured or destroyed. [1943 c 247 § 37; Rem.
Supp. 1943 § 3778-37. Formerly RCW 68.48.020.]
68.56.020
*Reviser's note: RCW 68.48.010 was recodified as RCW 68.56.010
pursuant to 1987 c 331 § 89.
cemetery association, the laws of the state, and the ordinances of the city or county, within the cemetery over which
he has charge, and within such radius as may be necessary to
protect the cemetery property. [1943 c 247 § 55; Rem. Supp.
1943 § 3778-55. Formerly RCW 68.48.080.]
68.56.070
68.56.070 Forfeiture of office for inattention to duty.
The office of any director or officer who acts or permits
action contrary to *this act immediately thereupon becomes
vacant. [1943 c 247 § 132; Rem. Supp. 1943 § 3778-132.
Formerly RCW 68.48.090.]
*Reviser's note: For "this act," see note following RCW 68.04.020.
68.56.900
68.56.030 Unlawful damage to graves, markers,
shrubs, etc.—Exceptions. The provisions of *RCW
68.48.010 do not apply to the removal or unavoidable breakage or injury, by a cemetery authority, of any thing placed in
or upon any portion of its cemetery in violation of any of the
rules or regulations of the cemetery authority, nor to the
removal of anything placed in the cemetery by or with the
consent of the cemetery authority which has become in a
wrecked, unsightly or dilapidated condition. [1943 c 247 §
37; Rem. Supp. 1943 § 3778-37. Formerly RCW 68.48.030.]
68.56.030
*Reviser's note: RCW 68.48.010 was recodified as RCW 68.56.010
pursuant to 1987 c 331 § 89.
68.56.040 Nonconforming cemetery a nuisance—
Penalty—Costs of prosecution. Every person, firm, or corporation who is the owner or operator of a cemetery established in violation of *this act is guilty of maintaining a public nuisance, a gross misdemeanor, and upon conviction is
punishable by a fine of not less than five hundred dollars nor
more than five thousand dollars or by imprisonment in a
county jail for not less than one month nor more than six
months, or by both; and, in addition is liable for all costs,
expenses, and disbursements paid or incurred in prosecuting
the case. [2003 c 53 § 313; 1943 c 247 § 145; Rem. Supp.
1943 § 3778-145. Formerly RCW 68.48.040.]
68.56.040
*Reviser's note: For "this act," see note following RCW 68.04.020.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Section applies to certain mausoleums, columbariums, etc.: RCW
68.28.010.
68.56.050 Defendant liable for costs. Every person
who violates any provision of *this act is guilty of a misdemeanor, and in addition is liable for all costs, expenses, and
disbursements paid or incurred by a person prosecuting the
case. [1943 c 247 § 139; Rem. Supp. 1943 § 3778-139. Formerly RCW 68.48.060.]
68.56.050
*Reviser's note: For "this act," see note following RCW 68.04.020.
Costs, etc., to be fixed by court having jurisdiction: RCW 68.28.065.
Section applies to certain mausoleums, columbariums, etc.: RCW
68.28.010.
68.56.060 Police authority—Who may exercise. The
sexton, superintendent or other person in charge of a cemetery, and such other persons as the cemetery authority designates have the authority of a police officer for the purpose of
maintaining order, enforcing the rules and regulations of the
68.56.060
[Title 68 RCW—page 42]
68.56.900 Effective date—1987 c 331.
68.05.900.
See RCW
Chapter 68.60 RCW
ABANDONED AND HISTORIC CEMETERIES AND
HISTORIC GRAVES
Chapter 68.60
Sections
68.60.010
68.60.020
68.60.030
68.60.040
68.60.050
68.60.060
Definitions.
Dedication.
Preservation and maintenance corporations—Authorization of
other corporations to restore, maintain, and protect abandoned cemeteries.
Protection of cemeteries—Penalties.
Protection of historic graves—Penalty.
Violations—Civil liability.
68.60.010
68.60.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Abandoned cemetery" means a burial ground of the
human dead in [for] which the county assessor can find no
record of an owner; or where the last known owner is
deceased and lawful conveyance of the title has not been
made; or in which a cemetery company, cemetery association, corporation, or other organization formed for the purposes of burying the human dead has either disbanded, been
administratively dissolved by the secretary of state, or otherwise ceased to exist, and for which title has not been conveyed.
(2) "Historical cemetery" means any burial site or
grounds which contain within them human remains buried
prior to November 11, 1889; except that (a) cemeteries holding a valid certificate of authority to operate granted under
RCW 68.05.115 and 68.05.215, (b) cemeteries owned or
operated by any recognized religious denomination that qualifies for an exemption from real estate taxation under RCW
84.36.020 on any of its churches or the ground upon which
any of its churches are or will be built, and (c) cemeteries
controlled or operated by a coroner, county, city, town, or
cemetery district shall not be considered historical cemeteries.
(3) "Historic grave" means a grave or graves that were
placed outside a cemetery dedicated pursuant to this chapter
and to chapter 68.24 RCW, prior to June 7, 1990, except
Indian graves and burial cairns protected under chapter 27.44
RCW.
(4) "Cemetery" has the meaning provided in RCW
68.04.040(2). [1990 c 92 § 1.]
(2004 Ed.)
Abandoned and Historic Cemeteries and Historic Graves
68.60.020
68.60.020 Dedication. Any cemetery, abandoned cemetery, historical cemetery, or historic grave that has not been
dedicated pursuant to RCW 68.24.030 and 68.24.040 shall be
considered permanently dedicated and subject to RCW
68.24.070. Removal of dedication may only be made pursuant to RCW 68.24.090 and 68.24.100. [1999 c 367 § 3; 1990
c 92 § 2.]
68.60.060
(3) The department of community, trade, and economic
development shall establish standards and guidelines for
granting certificates of authority under subsections (1) and
(2) of this section to assure that any restoration, maintenance,
and protection activities authorized under this subsection are
conducted and supervised in an appropriate manner. [1995 c
399 § 168; 1993 c 67 § 1; 1990 c 92 § 3.]
68.60.030
68.60.030 Preservation and maintenance corporations—Authorization of other corporations to restore,
maintain, and protect abandoned cemeteries. (1)(a) The
archaeological and historical division of the department of
community, trade, and economic development may grant by
nontransferable certificate authority to maintain and protect
an abandoned cemetery upon application made by a preservation organization which has been incorporated for the purpose of restoring, maintaining, and protecting an abandoned
cemetery. Such authority shall be limited to the care, maintenance, restoration, protection, and historical preservation of
the abandoned cemetery, and shall not include authority to
make burials, unless specifically granted by the cemetery
board.
(b) Those preservation and maintenance corporations
that are granted authority to maintain and protect an abandoned cemetery shall be entitled to hold and possess burial
records, maps, and other historical documents as may exist.
Maintenance and preservation corporations that are granted
authority to maintain and protect an abandoned cemetery
shall not be liable to those claiming burial rights, ancestral
ownership, or to any other person or organization alleging to
have control by any form of conveyance not previously
recorded at the county auditor's office within the county in
which the abandoned cemetery exists. Such organizations
shall not be liable for any reasonable alterations made during
restoration work on memorials, roadways, walkways, features, plantings, or any other detail of the abandoned cemetery.
(c) Should the maintenance and preservation corporation
be dissolved, the archaeological and historical division of the
department of community, trade, and economic development
shall revoke the certificate of authority.
(d) Maintenance and preservation corporations that are
granted authority to maintain and protect an abandoned cemetery may establish care funds pursuant to chapter 68.44
RCW, and shall report in accordance with chapter 68.44
RCW to the state cemetery board.
(2) Except as provided in subsection (1) of this section,
the department of community, trade, and economic development may, in its sole discretion, authorize any Washington
nonprofit corporation that is not expressly incorporated for
the purpose of restoring, maintaining, and protecting an abandoned cemetery, to restore, maintain, and protect one or more
abandoned cemeteries. The authorization may include the
right of access to any burial records, maps, and other historical documents, but shall not include the right to be the permanent custodian of original records, maps, or documents. This
authorization shall be granted by a nontransferable certificate
of authority. Any nonprofit corporation authorized and acting
under this subsection is immune from liability to the same
extent as if it were a preservation organization holding a certificate of authority under subsection (1) of this section.
(2004 Ed.)
68.60.040
68.60.040 Protection of cemeteries—Penalties. (1)
Every person who in a cemetery unlawfully or without right
willfully destroys, cuts, mutilates, effaces, or otherwise
injures, tears down or removes, any tomb, plot, monument,
memorial, or marker in a cemetery, or any gate, door, fence,
wall, post, or railing, or any enclosure for the protection of a
cemetery or any property in a cemetery is guilty of a class C
felony punishable under chapter 9A.20 RCW.
(2) Every person who in a cemetery unlawfully or without right willfully destroys, cuts, breaks, removes, or injures
any building, statuary, ornamentation, tree, shrub, flower, or
plant within the limits of a cemetery is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(3) Every person who in a cemetery unlawfully or without right willfully opens a grave; removes personal effects of
the decedent; removes all or portions of human remains;
removes or damages caskets, surrounds, outer burial containers, or any other device used in making the original burial;
transports unlawfully removed human remains from the cemetery; or knowingly receives unlawfully removed human
remains from the cemetery is guilty of a class C felony punishable under chapter 9A.20 RCW. [1990 c 92 § 4.]
68.60.050
68.60.050 Protection of historic graves—Penalty. (1)
Any person who knowingly removes, mutilates, defaces,
injures, or destroys any historic grave shall be guilty of a
class C felony punishable under chapter 9A.20 RCW. Persons disturbing historic graves through inadvertence, including disturbance through construction, shall reinter the human
remains under the supervision of the office of archaeology
and historic preservation. Expenses to reinter such human
remains are to be provided by the office of archaeology and
historic preservation to the extent that funds for this purpose
are appropriated by the legislature.
(2) This section does not apply to actions taken in the
performance of official law enforcement duties.
(3) It shall be a complete defense in a prosecution under
subsection (1) of this section if the defendant can prove by a
preponderance of evidence that the alleged acts were accidental or inadvertent and that reasonable efforts were made to
preserve the remains accidentally disturbed or discovered,
and that the accidental discovery or disturbance was properly
reported. [1999 c 67 § 1; 1989 c 44 § 5. Formerly RCW
68.05.420.]
Intent—1989 c 44: See RCW 27.44.030.
Captions not law—Liberal construction—1989 c 44: See RCW
27.44.900 and 27.44.901.
68.60.060
68.60.060 Violations—Civil liability. Any person who
violates any provision of this chapter is liable in a civil action
by and in the name of the state cemetery board to pay all damages occasioned by their unlawful acts. The sum recovered
[Title 68 RCW—page 43]
68.60.060
Title 68 RCW: Cemeteries, Morgues, and Human Remains
shall be applied in payment for the repair and restoration of
the property injured or destroyed and to the care fund if one
is established. [1990 c 92 § 5.]
[Title 68 RCW—page 44]
(2004 Ed.)
Title 69
FOOD, DRUGS, COSMETICS, AND POISONS
Title 69
Chapters
69.04
Intrastate commerce in food, drugs, and cosmetics.
69.06
Food and beverage establishment workers'
permits.
69.07
Washington food processing act.
69.10
Food storage warehouses.
69.25
Washington wholesome eggs and egg products
act.
69.28
Honey.
69.30
Sanitary control of shellfish.
69.36
Washington caustic poison act of 1929.
69.38
Poisons—Sales and manufacturing.
69.40
Poisons and dangerous drugs.
69.41
Legend drugs—Prescription drugs.
69.43
Precursor drugs.
69.45
Drug samples.
69.50
Uniform controlled substances act.
69.51
Controlled substances therapeutic research
act.
69.51A
Medical marijuana.
69.52
Imitation controlled substances.
69.53
Use of buildings for unlawful drugs.
69.55
Ammonia.
69.60
Over-the-counter medications.
69.80
Food donation and distribution—Liability.
69.90
Kosher food products.
Board of health and bureau of vital statistics authorized: State Constitution
Art. 20 § 1.
Board of pharmacy: Chapter 18.64 RCW.
Controlled atmosphere storage of fruits and vegetables: Chapter 15.30
RCW.
Food lockers: Chapter 19.32 RCW.
Hazardous substances (poison prevention): Chapter 70.106 RCW.
Horse meat: RCW 16.68.140.
Hotel and restaurant safety regulations: Chapter 70.62 RCW.
Inhaling toxic fumes: Chapter 9.47A RCW.
Milk and milk products for animal food: Chapter 15.37 RCW.
Poison information centers: Chapter 18.76 RCW.
Preparations, patent medicines containing alcohol: Chapter 66.12 RCW.
Regulation of sale of drugs and medicines authorized: State Constitution
Art. 20 § 2.
Unlawful to refill trademarked containers: RCW 19.76.110.
Chapter 69.04
Chapter 69.04 RCW
INTRASTATE COMMERCE IN FOOD,
DRUGS, AND COSMETICS
(Formerly: Food, drug, and cosmetic act)
Sections
69.04.001
69.04.002
69.04.003
69.04.004
69.04.005
69.04.006
69.04.007
(2004 Ed.)
Statement of purpose.
Introductory.
"Federal act" defined.
"Intrastate commerce."
"Sale."
"Director."
"Person."
69.04.008
69.04.009
69.04.010
69.04.011
69.04.012
69.04.013
69.04.014
69.04.015
69.04.016
69.04.017
69.04.018
69.04.019
69.04.020
69.04.021
69.04.022
69.04.023
69.04.024
69.04.025
69.04.040
69.04.050
69.04.060
69.04.070
69.04.080
69.04.090
69.04.100
69.04.110
69.04.120
69.04.123
69.04.130
69.04.140
69.04.150
69.04.160
69.04.170
69.04.180
69.04.190
69.04.200
69.04.205
69.04.206
69.04.207
69.04.210
69.04.220
69.04.231
69.04.240
69.04.245
69.04.250
69.04.260
69.04.270
69.04.280
69.04.290
69.04.300
69.04.310
69.04.315
69.04.320
69.04.330
69.04.331
69.04.333
69.04.334
69.04.335
69.04.340
69.04.350
69.04.360
69.04.370
69.04.380
69.04.390
"Food."
"Drugs."
"Device."
"Cosmetic."
"Official compendium."
"Label."
"Immediate container."
"Labeling."
"Misleading labeling or advertisement," how determined.
"Antiseptic" as germicide.
"New drug" defined.
"Advertisement."
"Contaminated with filth."
"Package."
"Pesticide chemical."
"Raw agricultural commodity."
"Food additive," "safe."
"Color additive," "color."
Prohibited acts.
Remedy by injunction.
Criminal penalty for violations.
Additional penalty.
Avoidance of penalty.
Liability of disseminator of advertisement.
Condemnation of adulterated or misbranded article.
Embargo of articles.
Procedure on embargo.
Exception to petition requirement under RCW 69.04.120.
Petitions may be consolidated.
Claimant entitled to sample.
Damages not recoverable if probable cause existed.
Prosecutions.
Minor infractions.
Proceedings to be in name of state.
Standards may be prescribed by regulations.
Conformance with federal standards.
Bacon—Packaging at retail to reveal quality and leanness.
Bacon—Rules, regulations and standards—Withholding packaging use—Hearing—Final determination—Appeal.
Bacon—Effective date.
Food—Adulteration by poisonous or deleterious substance.
Food—Adulteration by abstraction, addition, substitution, etc.
Food—Adulteration by color additive.
Confectionery—Adulteration.
Poultry—Improper use of state's geographic outline.
Food—Misbranding by false label, etc.
Packaged food—Misbranding.
Food—Misbranding by lack of prominent label.
Food—Misbranding for nonconformity with standard of identity.
Food—Misbranding for nonconformity with standard of quality.
Food—Misbranding for nonconformity with standard of fill.
Food—Misbranding by failure to show usual name and ingredients.
Halibut—Misbranding by failure to show proper name.
Food—Misbranding by failure to show dietary properties.
Food—Misbranding by failure to show artificial flavoring,
coloring, etc.
Popcorn sold by theaters or commercial food service establishments—Misbranded if the use of butter or ingredients of butter-like flavoring not disclosed.
Poultry and poultry products—Label to indicate if product frozen.
Turkeys—Label requirement as to grading.
RCW 69.04.333 and 69.04.334 subject to enforcement and
penalty provisions of chapter.
Natural vitamin, mineral, or dietary properties need not be
shown.
Permits to manufacture or process certain foods.
Suspension of permit.
Right of access for inspection.
Food exempt if in transit for completion purposes.
Regulations permitting tolerance of harmful matter.
[Title 69 RCW—page 1]
69.04.001
69.04.392
69.04.394
69.04.396
69.04.398
69.04.399
69.04.400
69.04.410
69.04.420
69.04.430
69.04.440
69.04.450
69.04.460
69.04.470
69.04.480
69.04.490
69.04.500
69.04.510
69.04.520
69.04.530
69.04.540
69.04.550
69.04.560
69.04.565
69.04.570
69.04.580
69.04.590
69.04.600
69.04.610
69.04.620
69.04.630
69.04.640
69.04.650
69.04.660
69.04.670
69.04.680
69.04.690
69.04.700
69.04.710
69.04.720
69.04.730
69.04.740
69.04.750
69.04.761
69.04.770
69.04.780
69.04.790
69.04.800
69.04.810
69.04.820
69.04.830
69.04.840
69.04.845
69.04.850
69.04.860
69.04.870
69.04.880
69.04.900
69.04.905
69.04.910
69.04.915
69.04.920
69.04.928
69.04.930
69.04.932
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
Regulations permitting tolerance of harmful matter—Pesticide
chemicals in or on raw agricultural commodities.
Regulations permitting tolerance of harmful matter—Food
additives.
Regulations permitting tolerance of harmful matter—Color
additives.
Purpose of RCW 69.04.110, 69.04.392, 69.04.394,
69.04.396—Uniformity with federal laws and regulations—
Application to production of kosher food products—Adoption of rules.
Civil penalty for violations of standards for component parts of
fluid dairy products adopted under RCW 69.04.398.
Conformance with federal regulations.
Drugs—Adulteration by harmful substances.
Drugs—Adulteration for failure to comply with compendium
standard.
Drugs—Adulteration for lack of represented purity or quality.
Drugs—Adulteration by admixture or substitution of ingredients.
Drugs—Misbranding by false labeling.
Packaged drugs—Misbranding.
Drugs—Misbranding by lack of prominent label.
Drugs—Misbranding for failure to state content of habit forming drug.
Drugs—Misbranding by failure to show usual name and ingredients.
Drugs—Misbranding by failure to give directions for use and
warnings.
Drugs—Misbranding for improper packaging and labeling.
Drugs—Misbranding for failure to show possibility of deterioration.
Drugs—Misbranding by misleading representation.
Drugs—Misbranding by sale without prescription of drug
requiring it.
Drugs exempt if in transit for completion purposes.
Dispensing of certain drugs exempt.
DMSO (dimethyl sulfoxide) authorized.
Introduction of new drug.
Application for introduction.
Effective date of application.
Denial of application.
Revocation of denial.
Service of order of denial.
Drug for investigational use exempt.
Court review of denial.
Dispensing of certain drugs exempt.
Federally licensed drugs exempt.
Cosmetics—Adulteration by injurious substances.
Cosmetics—Misbranding by false label, etc.
Cosmetics—Misbranding by lack of prominent label.
Cosmetics exempt if in transit for completion purposes.
Advertisement, when deemed false.
Advertising of cure of certain diseases deemed false.
Enforcement, where vested—Regulations.
Regulations to conform with federal regulations.
Hearings.
Hearing on proposed regulation—Procedure.
Review on petition prior to effective date.
Investigations—Samples—Right of entry—Verified statements.
Owner may obtain part of sample.
Access to records of other agencies.
Access to records of intrastate carriers.
Right of entry to factories, warehouses, vehicles, etc.
Publication of reports of judgments, orders and decrees.
Dissemination of information.
Severability—1945 c 257.
Construction—1945 c 257.
Effective date of chapter—1945 c 257.
Short title.
Civil penalty.
Perishable packaged food—Pull date labeling—Definitions.
Perishable packaged food—Pull date labeling—Required.
Perishable packaged food—Pull date labeling—Selling or
trading goods beyond pull date—Repackaging to substitute
for original date—Exception.
Perishable packaged food—Pull date labeling—Storage—
Rules and regulations.
Perishable packaged food—Pull date labeling—Penalties.
Seafood labeling requirements—Pamphlet—Direct retail
endorsement.
Frozen fish and meat—Labeling requirements—Exceptions.
Salmon labeling—Definitions.
[Title 69 RCW—page 2]
69.04.933
69.04.934
69.04.935
69.04.940
69.04.950
69.04.955
69.04.960
69.04.965
69.04.970
69.04.975
69.04.980
Salmon labeling—Identification of species—Exceptions—
Penalty.
Salmon labeling—Identification as farm-raised or commercially caught—Exceptions—Penalty.
Salmon labeling—Rules for identification and enforcement.
Imported lamb products—Labeling requirements.
Transport of bulk foods—Definitions.
Transport of bulk foods—Prohibitions—Exemption.
Transport of bulk foods—Compatible substances—Cleaning
vehicle or vessel—Vehicle or vessel marking.
Transport of bulk foods—Transports not constituting violations.
Transport of bulk foods—Substances rendering vehicle or vessel permanently unsuitable for bulk food transport—Procedures to rehabilitate vehicles and vessels.
Transport of bulk foods—Rehabilitation of vehicles and vessels—Inspection—Certification—Marking—Costs.
Transport of bulk foods—Penalties.
Chapter 69.07 RCW does not impair authority of director or department
under this chapter: RCW 69.07.160.
Dairies and dairy products: Chapter 15.36 RCW.
Food processing inspection account: RCW 69.07.120.
Patent medicine peddlers: Chapter 18.64 RCW.
69.04.001
69.04.001 Statement of purpose. This chapter is
intended to enact state legislation (1) which safeguards the
public health and promotes the public welfare by protecting
the consuming public from (a) potential injury by product
use; (b) products that are adulterated; or (c) products that
have been produced under unsanitary conditions, and the purchasing public from injury by merchandising deceit flowing
from intrastate commerce in food, drugs, devices, and cosmetics; and (2) which is uniform, as provided in this chapter,
with the federal food, drug, and cosmetic act; and with the
federal trade commission act, to the extent it expressly outlaws the false advertisement of food, drugs, devices, and cosmetics; and (3) which thus promotes uniformity of such law
and its administration and enforcement, in and throughout the
United States. [1991 c 162 § 1; 1945 c 257 § 2; Rem. Supp.
1945 § 6163-51.]
Conformity with federal regulations: RCW 69.04.190 and 69.04.200.
69.04.002
69.04.002 Introductory. For the purposes of this chapter, terms shall apply as herein defined unless the context
clearly indicates otherwise. [1945 c 257 § 3; Rem. Supp.
1945 § 6163-52.]
69.04.003
69.04.003 "Federal act" defined. The term "federal
act" means the federal food, drug, and cosmetic act, approved
on June 25, 1938. (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040
et seq.) [1945 c 257 § 4; Rem. Supp. 1945 § 6163-53.]
69.04.004
69.04.004 "Intrastate commerce." The term "intrastate commerce" means any and all commerce within the state
of Washington and subject to the jurisdiction thereof; and
includes the operation of any business or service establishment. [1945 c 257 § 5; Rem. Supp. 1945 § 6163-54.]
69.04.005
69.04.005 "Sale." The term "sale" means any and
every sale and includes (1) manufacture, processing, packing,
canning, bottling, or any other production, preparation, or
putting up; (2) exposure, offer, or any other proffer; (3) holding, storing, or any other possessing; (4) dispensing, giving,
delivering, serving, or any other supplying; and (5) applying,
(2004 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
administering, or any other using. [1945 c 257 § 6; Rem.
Supp. 1945 § 6163-55.]
69.04.006
69.04.006 "Director." The term "director" means the
director of the department of agriculture of the state of Washington and his duly authorized representatives. [1945 c 257 §
7; Rem. Supp. 1945 § 6163-56.]
Director of agriculture, general duties: Chapter 43.23 RCW.
69.04.007
69.04.007 "Person." The term "person" includes individual, partnership, corporation, and association. [1945 c
257 § 8; Rem. Supp. 1945 § 6163-57.]
69.04.008
69.04.008 "Food." The term "food" means (1) articles
used for food or drink for people or other animals, (2) bottled
water, (3) chewing gum, and (4) articles used for components
of any such article. [1992 c 34 § 2; 1945 c 257 § 9; Rem.
Supp. 1945 § 6163-58.]
Severability—1992 c 34: See note following RCW 69.07.170.
69.04.009
69.04.009 "Drugs." The term "drug" means (1) articles
recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them;
and (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other
animals; and (3) articles (other than food) intended to affect
the structure or any function of the body of man or other animals; and (4) articles intended for use as a component of any
article specified in clause (1), (2), or (3); but does not include
devices or their components, parts, or accessories. [1945 c
257 § 10; Rem. Supp. 1945 § 6163-59. Prior: 1907 c 211 §
2.]
69.04.010
69.04.010 "Device." The term "device" (except when
used in RCW 69.04.016 and in RCW 69.04.040(10),
69.04.270, 69.04.690, and in RCW 69.04.470 as used in the
sentence "(as compared with other words, statements,
designs, or devices, in the labeling)") means instruments,
apparatus, and contrivances, including their components,
parts and accessories, intended (1) for use in the diagnosis,
cure, mitigation, treatment, or prevention of disease in man or
other animals; or (2) to affect the structure or any function of
the body of man or other animals. [1945 c 257 § 11; Rem.
Supp. 1945 § 6163-60.]
69.04.011
69.04.011 "Cosmetic." The term "cosmetic" means (1)
articles intended to be rubbed, poured, sprinkled, or sprayed
on, introduced into, or otherwise applied to the human body
or any part thereof for cleansing, beautifying, promoting
attractiveness, or altering the appearance, and (2) articles
intended for use as a component of any such article; except
that such term shall not include soap. [1945 c 257 § 12; Rem.
Supp. 1945 § 6163-61.]
69.04.012
69.04.012 "Official compendium." The term "official
compendium" mean the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United
States, official national formulary, or any supplement to any
of them. [1945 c 257 § 13; Rem. Supp. 1945 § 6163-62.]
(2004 Ed.)
69.04.018
69.04.013
69.04.013 "Label." The term "label" means a display
of written, printed, or graphic matter upon the immediate
container of any article; and a requirement made by or under
authority of this chapter that any word, statement, or other
information appear on the label shall not be considered to be
complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any
there be, of the retail package of such article, or is easily legible through the outside container or wrapper. [1945 c 257 §
14; Rem. Supp. 1945 § 6163-63.]
69.04.014
69.04.014 "Immediate container." The term "immediate container" does not include package liners. [1945 c 257
§ 15; Rem. Supp. 1945 § 6163-64.]
69.04.015
69.04.015 "Labeling." The term "labeling" means all
labels and other written, printed, or graphic matter (1) upon
any article or any of its containers or wrappers, or (2) accompanying such article. [1945 c 257 § 16; Rem. Supp. 1945 §
6163-65.]
Crimes relating to labeling: Chapter 9.16 RCW, RCW 69.40.055.
69.04.016
69.04.016 "Misleading labeling or advertisement,"
how determined. If any article is alleged to be misbranded
because the labeling is misleading, or if an advertisement is
alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading there
shall be taken into account (among other things) not only representations made or suggested by statement, word, design,
device, sound, or any combination thereof, but also the extent
to which the labeling or advertisement fails to reveal facts
material in the light of such representations or material with
respect to consequences which may result from the use of the
article to which the labeling or advertisement relates under
the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary
or usual. [1945 c 257 § 17; Rem. Supp. 1945 § 6163-66.]
Crimes relating to advertising: Chapter 9.04 RCW.
69.04.017
69.04.017 "Antiseptic" as germicide. The representation of a drug, in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing,
ointment, dusting powder, or such other use as involves prolonged contact with the body. [1945 c 257 § 18; Rem. Supp.
1945 § 6163-67.]
69.04.018
69.04.018 "New drug" defined. The term "new drug"
means (1) any drug the composition of which is such that
such drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the
safety of drugs, as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof;
or (2) any drug the composition of which is such that such
drug, as a result of investigations to determine its safety for
use under such conditions, has become so recognized, but
which has not, otherwise than in such investigations, been
used to a material extent or for a material time under such
conditions: PROVIDED, That no drug in use on the *effec[Title 69 RCW—page 3]
69.04.019
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
tive date of this chapter shall be regarded as a new drug.
[1945 c 257 § 19; Rem. Supp. 1945 § 6163-68.]
*Effective date—1945 c 257: See RCW 69.04.860.
69.04.019
69.04.019 "Advertisement." The term "advertisement" means all representations, other than by labeling, for
the purpose of inducing, or which are likely to induce,
directly or indirectly, the purchase of food, drugs, devices, or
cosmetics. [1945 c 257 § 20; Rem. Supp. 1945 § 6163-69.]
69.04.020
69.04.020 "Contaminated with filth." The term "contaminated with filth" applies to any food, drug, device, or
cosmetic not securely protected from dust, dirt, and as far as
may be necessary by all reasonable means, from all foreign or
injurious contaminations. [1945 c 257 § 21; Rem. Supp.
1945 § 6163-70.]
artifice, or extracted, isolated, or otherwise derived, with or
without intermediate or final change of identity, from a vegetable, animal, mineral, or other source, and (b) when added or
applied to a food is capable (alone or through reaction with
other substance) of imparting color thereto; except that such
term does not include any material which the director, by regulation, determines is used (or intended to be used) solely for
a purpose or purposes other than coloring.
(2) The term "color" includes black, white, and intermediate grays.
(3) Nothing in subsection (1) hereof shall be construed to
apply to any pesticide chemical, soil or plant nutrient, or
other agricultural chemical solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly,
the growth or other natural physiological processes of produce of the soil and thereby affecting its color, whether
before or after harvest. [1963 c 198 § 12.]
69.04.021
69.04.021 "Package." The word "package" shall
include, and be construed to include, wrapped meats enclosed
in papers or other materials as prepared by the manufacturers
thereof for sale. [1963 c 198 § 8.]
69.04.022
69.04.022 "Pesticide chemical." The term "pesticide
chemical" means any substance defined as an economic poison and/or agricultural pesticide in Title 15 RCW as now
enacted or hereafter amended. [1963 c 198 § 9.]
69.04.023
69.04.023 "Raw agricultural commodity." The term
"raw agricultural commodity" means any food in its raw or
natural state, including all fruits that are washed, colored or
otherwise treated in their unpeeled natural form prior to marketing. [1963 c 198 § 10.]
69.04.024
69.04.024 "Food additive," "safe." (1) The term
"food additive" means any substance the intended use of
which results or may reasonably be expected to result,
directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any
substance intended for use in producing, manufacturing,
packing, processing, preparing, treating, packaging, transporting, or holding food; and including any source of radiation intended for any such use), if such substance generally is
recognized, among experts qualified by scientific training
and experience to evaluate its safety, as having been adequately shown through scientific procedures (or, in the case
of a substance used in food prior to January 1, 1958; through
either scientific procedures or experience based on common
use in food) to be unsafe under the conditions of its intended
use; except that such term does not include; (a) a pesticide
chemical in or on a raw agricultural commodity; or (b) a pesticide chemical to the extent that it is intended for use or is
used in the production, storage, or transportation of any raw
agricultural commodity; or (c) a color additive.
(2) The term "safe" as used in the food additive definition has reference to the health of man or animal. [1963 c 198
§ 11.]
69.04.025
69.04.025 "Color additive," "color." (1) The term
"color additive" means a material which (a) is a dye, pigment,
or other substance made by a process of synthesis or similar
[Title 69 RCW—page 4]
69.04.040 Prohibited acts. The following acts and the
causing thereof are hereby prohibited:
(1) The sale in intrastate commerce of any food, drug,
device, or cosmetic that is adulterated or misbranded.
(2) The adulteration or misbranding of any food, drug,
device, or cosmetic in intrastate commerce.
(3) The receipt in intrastate commerce of any food, drug,
device, or cosmetic that is adulterated or misbranded, and the
sale thereof in such commerce for pay or otherwise.
(4) The introduction or delivery for introduction into
intrastate commerce of (a) any food in violation of RCW
69.04.350; or (b) any new drug in violation of RCW
69.04.570.
(5) The dissemination within this state, in any manner or
by any means or through any medium, of any false advertisement.
(6) The refusal to permit (a) entry and the taking of a
sample or specimen or the making of any investigation or
examination as authorized by RCW 69.04.780; or (b) access
to or copying of any record as authorized by RCW 69.04.810.
(7) The refusal to permit entry or inspection as authorized by RCW 69.04.820.
(8) The removal, mutilation, or violation of an embargo
notice as authorized by RCW 69.04.110.
(9) The giving of a guaranty or undertaking in intrastate
commerce, referred to in RCW 69.04.080, that is false.
(10) The forging, counterfeiting, simulating, or falsely
representing, or without proper authority, using any mark,
stamp, tag, label, or other identification device authorized or
required by regulations promulgated under RCW 69.04.350.
(11) The alteration, mutilation, destruction, obliteration,
or removal of the whole or any part of the labeling of a food,
drug, device, or cosmetic, or the doing of any other act with
respect to a food, drug, device, or cosmetic, or the labeling or
advertisement thereof, which results in a violation of this
chapter.
(12) The using in intrastate commerce, in the labeling or
advertisement of any drug, of any representation or suggestion that an application with respect to such drug is effective
under section 505 of the federal act or under RCW 69.04.570,
or that such drug complies with the provisions of either such
section. [1945 c 257 § 22; Rem. Supp. 1945 § 6163-71. Prior:
1917 c 168 § 1; 1907 c 211 § 1; 1901 c 94 § 1.]
69.04.040
(2004 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
69.04.050 Remedy by injunction. (1) In addition to the
remedies hereinafter provided the director is hereby authorized to apply to the superior court of Thurston county for,
and such court shall have jurisdiction upon prompt hearing
and for cause shown to grant, a temporary or permanent
injunction restraining any person from violating any provision of RCW 69.04.040; without proof that an adequate remedy at law does not exist.
(2) Whenever it appears to the satisfaction of the court in
the case of a newspaper, magazine, periodical, or other publication, published at regular intervals (a) that restraining the
dissemination of a false advertisement in any particular issue
of such publication would delay the delivery of such issue
after the regular time therefor, and (b) that such delay would
be due to the method by which the manufacture and distribution of such publication is customarily conducted by the publisher in accordance with sound business practice, and not to
any method or device adopted for the evasion of this section
or to prevent or delay the issuance of an injunction or
restraining order with respect to such false advertisement or
any other advertisement, the court shall exclude such issue
from the operation of the restraining order or injunction.
[1945 c 257 § 23; Rem. Supp. 1945 § 6163-72.]
69.04.050
Injunctions, generally: Chapter 7.40 RCW.
69.04.060
69.04.060 Criminal penalty for violations. Any person who violates any provision of RCW 69.04.040 is guilty
of a misdemeanor and shall on conviction thereof be subject
to the following penalties:
(1) A fine of not more than two hundred dollars; or
(2) If the violation is committed after a conviction of
such person under this section has become final, imprisonment for not more than thirty days, or a fine of not more than
five hundred dollars, or both such imprisonment and fine.
[2003 c 53 § 314; 1945 c 257 § 24; Rem. Supp. 1945 § 616373. Prior: 1907 c 211 § 12; 1901 c 94 § 11.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.04.120
faith, to the effect that such article complies with this chapter;
or
(3) For having violated RCW 69.04.040(5), if he establishes a guaranty or undertaking signed by, and containing
the name and address of, the person in the state of Washington from whom he received such advertisement in good faith,
to the effect that such advertisement complies with this chapter; or
(4) For having violated RCW 69.04.040(9), if he establishes that he gave such guaranty or undertaking in good faith
and in reliance on a guaranty or undertaking to him, which
guaranty or undertaking was to the same effect and was
signed by, and contained the name and address of, a person in
the state of Washington. [1945 c 257 § 26; Rem. Supp. 1945
§ 6163-75.]
69.04.090
69.04.090 Liability of disseminator of advertisement.
No publisher, radio broadcast licensee, advertising agency, or
agency or medium for the dissemination of an advertisement,
except the manufacturer, packer, distributor, or seller of the
article to which the advertisement relates, shall be subject to
the penalties of RCW 69.04.060 by reason of his dissemination of any false advertisement, unless he has refused on the
request of the director to furnish the name and address of the
manufacturer, packer, distributor, seller, or advertising
agency in the state of Washington, who caused him to disseminate such false advertisement. [1945 c 257 § 27; Rem.
Supp. 1945 § 6163-76.]
69.04.100
69.04.100 Condemnation of adulterated or misbranded article. Whenever the director shall find in intrastate commerce an article subject to this chapter which is so
adulterated or misbranded that it is unfit or unsafe for human
use and its immediate condemnation is required to protect the
public health, such article is hereby declared to be a nuisance
and the director is hereby authorized forthwith to destroy
such article or to render it unsalable for human use. [1945 c
257 § 28; Rem. Supp. 1945 § 6163-77.]
69.04.070
69.04.070 Additional penalty. Notwithstanding the
provisions of RCW 69.04.060, a person who violates RCW
69.04.040 with intent to defraud or mislead is guilty of a misdemeanor and the penalty shall be imprisonment for not more
than ninety days, or a fine of not more than one thousand dollars, or both such imprisonment and fine. [2003 c 53 § 315;
1945 c 257 § 25; Rem. Supp. 1945 § 6163-74.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.04.080
69.04.080 Avoidance of penalty. No person shall be
subject to the penalties of RCW 69.04.060:
(1) For having violated RCW 69.04.040(3), if he establishes that he received and sold such article in good faith,
unless he refuses on request of the director to furnish the
name and address of the person in the state of Washington
from whom he received such article and copies of all available documents pertaining to his receipt thereof; or
(2) For having violated RCW 69.04.040 (1), (3), or (4), if
he establishes a guaranty or undertaking signed by, and containing the name and address of, the person in the state of
Washington from whom he received such article in good
(2004 Ed.)
69.04.110
69.04.110 Embargo of articles. Whenever the director
shall find, or shall have probable cause to believe, that an article subject to this chapter is in intrastate commerce in violation of this chapter, and that its embargo under this section is
required to protect the consuming or purchasing public, due
to its being adulterated or misbranded, or to otherwise protect
the public from injury, or possible injury, he or she is hereby
authorized to affix to such article a notice of its embargo and
against its sale in intrastate commerce, without permission
given under this chapter. But if, after such article has been so
embargoed, the director shall find that such article does not
involve a violation of this chapter, such embargo shall be
forthwith removed. [1991 c 162 § 3; 1975 1st ex.s. c 7 § 25;
1945 c 257 § 29; Rem. Supp. 1945 § 6163-78.]
Purpose of section: See RCW 69.04.398.
69.04.120
69.04.120 Procedure on embargo. When the director
has embargoed an article, he or she shall, forthwith and without delay and in no event later than thirty days after the affixing of notice of its embargo, petition the superior court for an
order affirming the embargo. The court then has jurisdiction,
[Title 69 RCW—page 5]
69.04.123
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
for cause shown and after prompt hearing to any claimant of
the embargoed article, to issue an order which directs the
removal of the embargo or the destruction or the correction
and release of the article. An order for destruction or correction and release shall contain such provision for the payment
of pertinent court costs and fees and administrative expenses
as is equitable and which the court deems appropriate in the
circumstances. An order for correction and release may contain such provision for a bond as the court finds indicated in
the circumstances. [1991 c 162 § 4; 1983 c 95 § 8; 1945 c
257 § 30; Rem. Supp. 1945 § 6163-79.]
institution of proceedings under this chapter, minor violations of this chapter, whenever he believes that the public
interest will be adequately served in the circumstances by a
suitable written notice or warning. [1945 c 257 § 35; Rem.
Supp. 1945 § 6163-84.]
69.04.180
69.04.180 Proceedings to be in name of state. All
such proceedings for the enforcement, or to restrain violations, of this chapter shall be by and in the name of the state
of Washington. [1945 c 257 § 36; Rem. Supp. 1945 § 616385.]
69.04.123
69.04.123 Exception to petition requirement under
RCW 69.04.120. The director need not petition the superior
court as provided for in RCW 69.04.120 if the owner or
claimant of such food or food products agrees in writing to
the disposition of such food or food products as the director
may order. [1995 c 374 § 20.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
69.04.130
69.04.130 Petitions may be consolidated. Two or
more petitions under RCW 69.04.120, which pend at the
same time and which present the same issue and claimant
hereunder, shall be consolidated for simultaneous determination by one court of jurisdiction, upon application to any
court of jurisdiction by the director or by such claimant.
[1945 c 257 § 31; Rem. Supp. 1945 § 6163-80.]
69.04.140
69.04.140 Claimant entitled to sample. The claimant
in any proceeding by petition under RCW 69.04.120 shall be
entitled to receive a representative sample of the article subject to such proceeding, upon application to the court of jurisdiction made at any time after such petition and prior to the
hearing thereon. [1945 c 257 § 32; Rem. Supp. 1945 § 616381.]
69.04.150
69.04.150 Damages not recoverable if probable cause
existed. No state court shall allow the recovery of damages
from administrative action for condemnation under RCW
69.04.100 or for embargo under RCW 69.04.110, if the court
finds that there was probable cause for such action. [1945 c
257 § 33; Rem. Supp. 1945 § 6163-82.]
69.04.190
69.04.190 Standards may be prescribed by regulations. Whenever in the judgment of the director such action
will promote honesty and fair dealing in the interest of consumers, he shall promulgate regulations fixing and establishing for any food, under its common or usual name so far as
practicable, a reasonable definition and standard of identity, a
reasonable standard of quality, and/or reasonable standards
of fill of container. In prescribing any standard of fill of container, consideration shall be given to and due allowance
shall be made for product or volume shrinkage or expansion
unavoidable in good commercial practice, and need for packing and protective material. In prescribing any standard of
quality for any canned fruit or canned vegetable, consideration shall be given to and due allowance shall be made for
the differing characteristics of the several varieties thereof. In
prescribing a definition and standard of identity for any food
or class of food in which optional ingredients are permitted,
the director shall, for the purpose of promoting honesty and
fair dealing in the interest of consumers, designate the
optional ingredients which shall be named on the label.
[1945 c 257 § 37; Rem. Supp. 1945 § 6163-86. Prior: 1917 c
168 § 2.]
69.04.200
69.04.200 Conformance with federal standards. The
definitions and standards of identity, the standards of quality
and fill of container, and the label requirements prescribed by
regulations promulgated under *this section shall conform,
insofar as practicable, with those prescribed by regulations
promulgated under section 401 of the federal act and to the
definitions and standards promulgated under the meat inspection act approved March 4, 1907, as amended. [1945 c 257 §
38; Rem. Supp. 1945 § 6163-87.]
69.04.160
69.04.160 Prosecutions. (1) It shall be the duty of each
state attorney, county attorney, or city attorney to whom the
director reports any violation of this chapter, or regulations
promulgated under it, to cause appropriate proceedings to be
instituted in the proper courts, without delay, and to be duly
prosecuted as prescribed by law.
(2) Before any violation of this chapter is reported by the
director to any such attorney for the institution of a criminal
proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views to the director, either orally or in
writing, with regard to such contemplated proceeding. [1945
c 257 § 34; Rem. Supp. 1945 § 6163-83.]
69.04.170
69.04.170 Minor infractions. Nothing in this chapter
shall be construed as requiring the director to report for the
[Title 69 RCW—page 6]
*Reviser's note: The language "this section" appears in 1945 c 257 §
38 but apparently refers to 1945 c 257 § 37 codified as RCW 69.04.190.
69.04.205
69.04.205 Bacon—Packaging at retail to reveal quality and leanness. All packaged bacon other than that packaged in cans shall be offered and exposed for sale and sold,
within the state of Washington only at retail in packages
which permit the buyer to readily view the quality and degree
of leanness of the product. [1971 c 49 § 1.]
69.04.206
69.04.206 Bacon—Rules, regulations and standards—Withholding packaging use—Hearing—Final
determination—Appeal. The director of the department of
agriculture is hereby authorized to promulgate rules, regulations, and standards for the implementation of RCW
69.04.205 through 69.04.207. If the director has reason to
(2004 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
believe that any packaging method, package, or container in
use or proposed for use with respect to the marketing of
bacon is false or misleading in any particular, or does not
meet the requirements of RCW 69.04.205, he may direct that
such use be withheld unless the packaging method, package,
or container is modified in such manner as he may prescribe
so that it will not be false or misleading. If the person, firm,
or corporation using or proposing to use the packaging
method, package, or container does not accept the determination of the director such person, firm, or corporation may
request a hearing, but the use of the packaging method, package, or container shall, if the director so directs, be withheld
pending hearing and final determination by the director. Any
such determination by the director shall be conclusive unless,
within thirty days after receipt of notice of such final determination, the person, firm, or corporation adversely affected
thereby appeals to a court of proper jurisdiction. [1971 c 49
§ 2.]
69.04.207
69.04.207 Bacon—Effective date. RCW 69.04.205
through 69.04.207 shall take effect on January 1, 1972.
[1971 c 49 § 3.]
69.04.210
69.04.210 Food—Adulteration by poisonous or deleterious substance. A food shall be deemed to be adulterated:
(1) If it bears or contains any poisonous or deleterious
substance which may render it injurious to health; but in case
the substance is not an added substance such food shall not be
considered adulterated under this clause if the quantity of
such substance in such food does not ordinarily render it injurious to health; or
(2)(a) If it bears or contains any added poisonous or
added deleterious substance (other than one which is (i) a
pesticide chemical in or on a raw agricultural commodity; (ii)
a food additive, or (iii) a color additive) which is unsafe
within the meaning of RCW 69.04.390, or (b) if it is a raw
agricultural commodity and it bears or contains a pesticide
chemical which is unsafe within the meaning of RCW
69.04.392, or (c) if it is, or it bears or contains, any food additive which is unsafe within the meaning of RCW 69.04.394:
PROVIDED, That where a pesticide chemical has been used
in or on a raw agricultural commodity in conformity with an
exemption granted or a tolerance prescribed under RCW
69.04.392 and such raw agricultural commodity has been
subjected to processing such as canning, cooking, freezing,
dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed food shall, notwithstanding the provisions of RCW 69.04.390 and 69.04.394,
not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in
good manufacturing practice and the concentration of such
residue in the processed food when ready to eat is not greater
than the tolerance prescribed for the raw agricultural commodity; or
(3) If it consists in whole or in part of any diseased, contaminated, filthy, putrid, or decomposed substance, or if it is
otherwise unfit for food; or
(4) If it has been produced, prepared, packed, or held
under insanitary conditions whereby it may have become
(2004 Ed.)
69.04.245
contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health; or
(5) If it is in whole or in part the product of a diseased
animal or of an animal which has died otherwise than by
slaughter or which has been fed on the uncooked offal from a
slaughterhouse; or
(6) If its container is composed in whole or in part of any
poisonous or deleterious substance which may render the
contents injurious to health; or
(7) If it has been intentionally subjected to radiation,
unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to RCW 69.04.394.
[1963 c 198 § 1; 1945 c 257 § 39; Rem. Supp. 1945 § 616388. Prior: 1923 c 36 § 1; 1907 c 211 § 3; 1901 c 94 § 3.]
69.04.220
69.04.220 Food—Adulteration by abstraction, addition, substitution, etc. A food shall be deemed to be adulterated (1) if any valuable constituent has been in whole or in
part omitted or abstracted therefrom; or (2) if any substance
has been substituted wholly or in part therefor; or (3) if damage or inferiority has been concealed in any manner; or (4) if
any substance has been added thereto or mixed or packed
therewith so as to increase its bulk or weight, or reduce its
quality or strength, or make it appear better or of greater
value than it is. [1945 c 257 § 40; Rem. Supp. 1945 § 616389.]
69.04.231
69.04.231 Food—Adulteration by color additive. A
food shall be deemed to be adulterated if it is, or it bears or
contains a color additive which is unsafe within the meaning
of RCW 69.04.396. [1963 c 198 § 5.]
69.04.240
69.04.240 Confectionery—Adulteration. A food shall
be deemed to be adulterated if it is confectionery and it bears
or contains any alcohol from natural or artificial alcohol flavoring in excess of one percent of the weight of the confection or any nonnutritive article or substance except harmless
coloring, harmless flavoring, harmless resinous glaze not in
excess of four-tenths of one percent, natural gum, and pectin:
PROVIDED, That this section shall not apply to any chewing
gum by reason of its containing harmless nonnutritive masticatory substances. [1984 c 78 § 2; 1945 c 257 § 42; Rem.
Supp. 1945 § 6163-91. Prior: 1923 c 36 § 1, part; 1907 c 211
§ 3, part.]
Finding and declaration—Severability—1984 c 78: See notes following RCW 66.12.160.
69.04.245
69.04.245 Poultry—Improper use of state's geographic outline. Uncooked poultry is deemed to be misbranded if it is produced outside of this state but the label for
the poultry contains the geographic outline of this state.
[1989 c 257 § 2.]
Legislative findings—1989 c 257: "The legislature finds that: Poultry
produced in this state is known throughout the state for its high quality; and
one of the sources of that quality is the proximity of production centers to
retail outlets in the state. The legislature also finds that labeling which misrepresents poultry produced elsewhere as being a product of this state may
lead consumers to purchase products which they would not otherwise purchase. The legislature further finds that the presence of the geographic outline of this state on a label for poultry produced outside of the state misrepresents the product as having been produced in this state." [1989 c 257 § 1.]
[Title 69 RCW—page 7]
69.04.250
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
69.04.250
69.04.250 Food—Misbranding by false label, etc. A
food shall be deemed to be misbranded (1) if its labeling is
false or misleading in any particular; or (2) if it is offered for
sale under the name of another food; or (3) if it is an imitation
of another food, unless its label bears, in type of uniform size
and prominence, the word "imitation" and, immediately
thereafter, the name of the food imitated; or (4) if its container is so made, formed or filled as to be misleading. [1945
c 257 § 43; Rem. Supp. 1945 § 6163-92. Prior: 1923 c 36 §
2; 1907 c 211 § 4.]
69.04.260
69.04.260 Packaged food—Misbranding. If a food is
in package form, it shall be deemed to be misbranded, unless
it bears a label containing (1) the name and place of business
of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of
weight, measure, or numerical count: PROVIDED, That
under clause (2) of this section reasonable variations shall be
permitted, and exemptions as to small packages shall be
established, by regulations promulgated by the director.
[1945 c 257 § 44; Rem. Supp. 1945 § 6163-93.]
69.04.270
69.04.270 Food—Misbranding by lack of prominent
label. A food shall be deemed to be misbranded if any word,
statement, or other information required by or under authority
of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in
the labeling) and in such terms as to render it likely to be read
and understood by the ordinary individual under customary
conditions of purchase and use. [1945 c 257 § 45; Rem.
Supp. 1945 § 6163-94.]
69.04.280
69.04.280 Food—Misbranding for nonconformity
with standard of identity. If a food purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations as provided by RCW
69.04.190, it shall be deemed to be misbranded unless (1) it
conforms to such definition and standard, and (2) its label
bears the name of the food specified in the definition and
standard, and, insofar as may be required by such regulations,
the common names of optional ingredients (other than spices,
flavoring, and coloring) present in such food. [1945 c 257 §
46; Rem. Supp. 1945 § 6163-95.]
69.04.290
69.04.290 Food—Misbranding for nonconformity
with standard of quality. If a food purports to be or is represented as a food for which a standard of quality has been
prescribed by regulations as provided by RCW 69.04.190,
and its quality falls below such standard, it shall be deemed to
be misbranded unless its label bears in such manner and form
as such regulations specify, a statement that it falls below
such standard. [1945 c 257 § 47; Rem. Supp. 1945 § 616396.]
69.04.300
69.04.300 Food—Misbranding for nonconformity
with standard of fill. If a food purports to be or is represented as a food for which a standard or standards of fill of
container have been prescribed by regulations as provided by
RCW 69.04.190, and it falls below the standard of fill of con[Title 69 RCW—page 8]
tainer applicable thereto, it shall be deemed to be misbranded
unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard.
[1945 c 257 § 48; Rem. Supp. 1945 § 6163-97.]
69.04.310
69.04.310 Food—Misbranding by failure to show
usual name and ingredients. If a food is not subject to the
provisions of RCW 69.04.280, it shall be deemed to be misbranded unless its label bears (1) the common or usual name
of the food, if any there be, and (2) in case it is fabricated
from two or more ingredients, the common or usual name of
each such ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as
spices, flavorings, and colorings without naming each: PROVIDED, That, to the extent that compliance with the requirements of clause (2) of this section is impracticable, or results
in deception or unfair competition, exemptions shall be established by regulations promulgated by the director. [1945 c
257 § 49; Rem. Supp. 1945 § 6163-98.]
69.04.315
69.04.315 Halibut—Misbranding by failure to show
proper name. No person shall label or offer for sale any
food fish product designated as halibut, with or without additional descriptive words unless such food fish product is Hippoglossus Hippoglossus or Hippoglossus Stenolepsis. Any
person violating the provisions of this section shall be guilty
of misbranding under the provisions of this chapter. [1967
ex.s. c 79 § 1.]
69.04.320
69.04.320 Food—Misbranding by failure to show
dietary properties. If a food purports to be or is represented
for special dietary uses, it shall be deemed to be misbranded,
unless its label bears such information concerning its vitamin,
mineral and other dietary properties as is necessary in order
to fully inform purchasers as to its value for such uses, as provided by regulations promulgated by the director, such regulations to conform insofar as practicable with regulations
under section 403(j) of the federal act. [1945 c 257 § 50;
Rem. Supp. 1945 § 6163-99.]
69.04.330
69.04.330 Food—Misbranding by failure to show
artificial flavoring, coloring, etc. If a food bears or contains
any artificial flavoring, artificial coloring, or chemical preservative, it shall be deemed to be misbranded unless it bears
labeling stating that fact: PROVIDED, That to the extent that
compliance with the requirements of this section is impracticable, exemptions shall be established by regulations promulgated by the director. The provisions of this section and of
RCW 69.04.280 and 69.04.310, with respect to artificial coloring, shall not apply in the case of butter, cheese, or ice
cream. [1945 c 257 § 51; Rem. Supp. 1945 § 6163-100.]
69.04.331
69.04.331 Popcorn sold by theaters or commercial
food service establishments—Misbranded if the use of
butter or ingredients of butter-like flavoring not disclosed. (1) If a theater or other commercial food service
establishment prepares and sells popcorn for human consumption, the establishment, at the point of sale, shall disclose by posting a sign in a conspicuous manner to prospective consumers a statement as to whether the butter or butter(2004 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
like flavoring added to or attributed to the popcorn offered for
sale is butter as defined in *RCW 15.32.010 or is some other
product. If the flavoring is some other product, the establishment shall also disclose the ingredients of the product.
The director of agriculture shall adopt rules prescribing
the size and content of the sign upon which the disclosure is
to be made. Any popcorn sold by or offered for sale by such
an establishment to a consumer in violation of this section or
the rules of the director implementing this section shall be
deemed to be misbranded for the purposes of this chapter.
(2) The provisions of subsection (1) of this section do not
apply to packaged popcorn labeled so as to disclose ingredients as required by law for prepackaged foods. [1986 c 203 §
17.]
*Reviser's note: RCW 15.32.010 was recodified as RCW 15.36.012
pursuant to 1994 c 143 § 514.
Severability—1986 c 203: See note following RCW 15.17.230.
69.04.333
69.04.333 Poultry and poultry products—Label to
indicate if product frozen. It shall be unlawful for any person to sell at retail or display for sale at retail any poultry and
poultry products, including turkey, which has been frozen at
any time, without having the package or container in which
the same is sold bear a label clearly discernible to a customer
that such product has been frozen and whether or not the
same has since been thawed. No such poultry or poultry product shall be sold unless in such a package or container bearing
said label. [1969 ex.s. c 194 § 1.]
69.04.334
69.04.334 Turkeys—Label requirement as to grading. No person shall advertise for sale, sell, offer for sale or
hold for sale in intrastate commerce any turkey that does not
bear a label. Such label shall be properly displayed on the
package if such turkey is prepackaged, or attached to the turkey if not prepackaged. Such label shall, if the turkey has
been graded, state the name of the governmental agency,
whether federal or state, and the grade. No turkey which has
been graded may be labeled as being ungraded. Any advertisement in any media concerning the sale of turkeys shall
state or set forth whether a turkey is ungraded or graded and
the specific grade if graded. [1969 ex.s. c 194 § 2.]
69.04.335
69.04.335 RCW 69.04.333 and 69.04.334 subject to
enforcement and penalty provisions of chapter. The provisions of this chapter shall be applicable to the enforcement
of RCW 69.04.333 and 69.04.334 and any person violating
the provisions of RCW 69.04.333 and 69.04.334 shall be subject to the applicable civil and criminal penalties for such violations as provided for in this chapter. [1969 ex.s. c 194 § 3.]
69.04.380
the distribution in intrastate commerce of any class of food
may, by reason of contamination with micro-organisms during the manufacture, processing, or packing thereof in any
locality, be injurious to health, and that such injurious nature
cannot be adequately determined after such articles have
entered intrastate commerce, he then, and in such case only,
shall promulgate regulations providing for the issuance, to
manufacturers, processors, or packers of such class of food in
such locality, of permits to which shall be attached such conditions governing the manufacture, processing, or packing of
such class of food, for such temporary period of time, as may
be necessary to protect the public health; and after the effective date of such regulations, and during such temporary
period, no person shall introduce or deliver for introduction
into intrastate commerce, any such food manufactured, processed, or packed by any such manufacturer, processor, or
packer unless such manufacturer, processor, or packer holds
a permit issued by the director as provided by such regulations. Insofar as practicable such regulations shall conform
with, shall specify the conditions prescribed by, and shall
remain in effect only so long as those promulgated under section 404(a) of the federal act. [1945 c 257 § 53; Rem. Supp.
1945 § 6163-102.]
69.04.360
69.04.360 Suspension of permit. The director is authorized to suspend immediately upon notice any permit issued
under authority of *this section, if it is found that any of the
conditions of the permit have been violated. The holder of a
permit so suspended shall be privileged at any time to apply
for the reinstatement of such permit, and the director shall,
immediately after prompt hearing and an inspection of the
factory or establishment, reinstate such permit, if it is found
that adequate measures have been taken to comply with and
maintain the conditions of the permit, as originally issued or
as amended. [1945 c 257 § 54; Rem. Supp. 1945 § 6163103.]
*Reviser's note: The language "this section" appears in 1945 c 257 §
54 but apparently refers to 1945 c 257 § 53 codified as RCW 69.04.350.
69.04.370
69.04.370 Right of access for inspection. Any officer
or employee duly designated by the director shall have access
to any factory or establishment, the operator of which holds a
permit from the director, for the purpose of ascertaining
whether or not the conditions of the permit are being complied with, and denial of access for such inspection shall be
ground for suspension of the permit until such access is freely
given by the operator. [1945 c 257 § 55; Rem. Supp. 1945 §
6163-104.]
69.04.380
69.04.340
69.04.340 Natural vitamin, mineral, or dietary properties need not be shown. Nothing in this chapter shall be
construed to require the labeling or advertising to indicate the
natural vitamin, natural mineral, or other natural dietary
properties of dairy products or other agricultural products
when sold as food. [1945 c 257 § 52; Rem. Supp. 1945 §
6163-101.]
69.04.350
69.04.350 Permits to manufacture or process certain
foods. Whenever the director finds after investigation that
(2004 Ed.)
69.04.380 Food exempt if in transit for completion
purposes. Food which is, in accordance with the practice of
the trade, to be processed, labeled, or repacked in substantial
quantities at an establishment other than the establishment
where it was originally processed or packed, is exempted
from the affirmative labeling requirements of this chapter,
while it is in transit in intrastate commerce from the one
establishment to the other, if such transit is made in good
faith for such completion purposes only; but it is otherwise
subject to all the applicable provisions of this chapter. [1945
c 257 § 56; Rem. Supp. 1945 § 6163-105.]
[Title 69 RCW—page 9]
69.04.390
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
69.04.390
69.04.390 Regulations permitting tolerance of harmful matter. Any poisonous or deleterious substance added to
any food, except where such substance is required in the production thereof or cannot be avoided by good manufacturing
practice, shall be deemed unsafe for purposes of the application of clause (2)(a) of RCW 69.04.210; but when such substance is so required or cannot be so avoided, the director
shall promulgate regulations limiting the quantity therein or
thereon to such extent as he finds necessary for the protection
of public health, and any quantity exceeding the limits so
fixed shall also be deemed unsafe for purposes of the application of clause (2)(a) of RCW 69.04.210. While such a regulation is in effect limiting the quantity of any such substance in
the case of any food, such food shall not, by reason of bearing
or containing any added amount of such substance, be considered to be adulterated within the meaning of clause (1) of
RCW 69.04.210. In determining the quantity of such added
substance to be tolerated in or on different articles of food,
the director shall take into account the extent to which the use
of such substance is required or cannot be avoided in the production of each such article, and the other ways in which the
consumer may be affected by the same or other poisonous or
deleterious substances. [1963 c 198 § 2; 1945 c 257 § 57;
Rem. Supp. 1945 § 6163-106.]
69.04.392
69.04.392 Regulations permitting tolerance of harmful matter—Pesticide chemicals in or on raw agricultural
commodities. (1) Any poisonous or deleterious pesticide
chemical, or any pesticide chemical which generally is recognized among experts qualified by scientific training and
experience to evaluate the safety of pesticide chemicals as
unsafe for use, added to a raw agricultural commodity, shall
be deemed unsafe for the purpose of the application of clause
(2) of RCW 69.04.210 unless:
(a) A tolerance for such pesticide chemical in or on the
raw agricultural commodity has been prescribed pursuant to
subsection (2) hereof and the quantity of such pesticide
chemical in or on the raw agricultural commodity is within
the limits of the tolerance so prescribed; or
(b) With respect to use in or on such raw agricultural
commodity, the pesticide chemical has been exempted from
the requirement of a tolerance pursuant to subsection (2)
hereof.
While a tolerance or exemption from tolerance is in
effect for a pesticide chemical with respect to any raw agricultural commodity, such raw agricultural commodity shall
not, by reason of bearing or containing any added amount of
such pesticide chemical, be considered to be adulterated
within the meaning of clause (1) of RCW 69.04.210.
(2) The regulations promulgated under section 408 of the
Federal Food, Drug and Cosmetic Act, as of July 1, 1975, setting forth the tolerances for pesticide chemicals in or on any
raw agricultural commodity, are hereby adopted as the regulations for tolerances applicable to this chapter: PROVIDED,
That the director is hereby authorized to adopt by regulation
any new or future amendments to such federal regulations for
tolerances, including exemption from tolerance and zero tolerances, to the extent necessary to protect the public health.
The director is also authorized to issue regulations in the
absence of federal regulations and to prescribe therein tolerances for pesticides, exemptions, and zero tolerances, upon
[Title 69 RCW—page 10]
his own motion or upon the petition of any interested party
requesting that such a regulation be established. It shall be
incumbent upon such petitioner to establish, by data submitted to the director, that a necessity exists for such regulation
and that the effect of such regulation will not be detrimental
to the public health. If the data furnished by the petitioner is
not sufficient to allow the director to determine whether such
a regulation should be promulgated, the director may require
additional data to be submitted and failure to comply with
this request shall be sufficient grounds to deny the request of
the petitioner for the issuance of such regulation.
(3) In adopting any new or amended tolerances by regulation issued pursuant to this section, the director shall give
appropriate consideration, among other relevant factors, to
the following: (a) The purpose of this chapter being to promote uniformity of state legislation with the federal act; (b)
the necessity for the production of an adequate, wholesome,
and economical food supply; (c) the other ways in which the
consumer may be affected by the same pesticide chemical or
by other related substances that are poisonous or deleterious;
and (d) the opinion of experts qualified by scientific training
and experience to determine the proper tolerance to be
allowed for any pesticide chemical. [1975 1st ex.s. c 7 § 26;
1963 c 198 § 3.]
Purpose of section: See RCW 69.04.398.
69.04.394
69.04.394 Regulations permitting tolerance of harmful matter—Food additives. (1) A food additive shall, with
respect to any particular use or intended use of such additives, be deemed unsafe for the purpose of the application of
clause (2)(c) of RCW 69.04.210, unless:
(a) It and its use or intended use conform to the terms of
an exemption granted, pursuant to a regulation under subsection (2) hereof providing for the exemption from the requirements of this section for any food additive, and any food
bearing or containing such additive, intended solely for
investigational use by qualified experts when in the director's
opinion such exemption is consistent with the public health;
or
(b) There is in effect, and it and its use or intended use
are in conformity with a regulation issued or effective under
subsection (2) hereof prescribing the conditions under which
such additive may be safely used.
While such a regulation relating to a food additive is in
effect, a food shall not, by reason of bearing or containing
such an additive in accordance with the regulation, be considered adulterated within the meaning of clause (1) of RCW
69.04.210.
(2) The regulations promulgated under section 409 of the
Federal Food, Drug and Cosmetic Act, as of July 1, 1975,
prescribing the conditions under which such food additive
may be safely used, are hereby adopted as the regulations
applicable to this chapter: PROVIDED, That the director is
hereby authorized to adopt by regulation any new or future
amendments to the federal regulations. The director is also
authorized to issue regulations in the absence of federal regulations and to prescribe the conditions under which a food
additive may be safely used and exemptions where such food
additive is to be used solely for investigational purposes;
either upon his own motion or upon the petition of any inter(2004 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
ested party requesting that such a regulation be established.
It shall be incumbent upon such petitioner to establish, by
data submitted to the director, that a necessity exists for such
regulation and that the effect of such a regulation will not be
detrimental to the public health. If the data furnished by the
petitioner is not sufficient to allow the director to determine
whether such a regulation should be promulgated, the director may require additional data to be submitted and failure to
comply with this request shall be sufficient grounds to deny
the request of the petitioner for the issuance of such a regulation.
(3) In adopting any new or amended regulations pursuant
to this section, the director shall give appropriate consideration, among other relevant factors, to the following: (a) The
purpose of this chapter being to promote uniformity of state
legislation with the federal act; (b) the probable consumption
of the additive and of any substance formed in or on food
because of the use of the additive; (c) the cumulative effect of
such additive in the diet of man or animals, taking into
account any chemically or pharmacologically related substance or substances in such diet; and (d) safety factors which
in the opinion of experts qualified by scientific training and
experience to evaluate the safety of food additives are generally recognized as appropriate for the use of animal experimentation data. [1975 1st ex.s. c 7 § 27; 1963 c 198 § 4.]
Purpose of section: See RCW 69.04.398.
69.04.396
69.04.396 Regulations permitting tolerance of harmful matter—Color additives. (1) A color additive shall,
with respect to any particular use (for which it is being used
or intended to be used or is represented as suitable) in or on
food, be deemed unsafe for the purpose of the application of
RCW 69.04.231, unless:
(a) There is in effect, and such color additive and such
use are in conformity with, a regulation issued under this section listing such additive for such use, including any provision of such regulation prescribing the conditions under
which such additive may be safely used;
(b) Such additive and such use thereof conform to the
terms of an exemption for experimental use which is in effect
pursuant to regulation under this section.
While there are in effect regulations under this section
relating to a color additive or an exemption with respect to
such additive a food shall not, by reason of bearing or containing such additive in all respects in accordance with such
regulations or such exemption, be considered adulterated
within the meaning of clause (1) of RCW 69.04.210.
(2) The regulations promulgated under section 706 of the
Federal Food, Drug and Cosmetic Act, as of July 1, 1975,
prescribing the use or limited use of such color additive, are
hereby adopted as the regulations applicable to this chapter:
PROVIDED, That the director is hereby authorized to adopt
by regulation any new or future amendments to the federal
regulations. The director is also authorized to issue regulations in the absence of federal regulations and to prescribe
therein the conditions under which a color additive may be
safely used including exemptions for experimental purposes.
Such a regulation may be issued either upon the director's
own motion or upon the petition of any interested party
requesting that such a regulation be established. It shall be
(2004 Ed.)
69.04.398
incumbent upon such petitioner to establish, by data submitted to the director, that a necessity exists for such regulation
and that the effect of such a regulation will not be detrimental
to the public health. If the data furnished by the petitioner is
not sufficient to allow the director to determine whether such
a regulation should be promulgated, the director may require
additional data to be submitted and failure to comply with
this request shall be sufficient grounds to deny the request of
the petitioner for the issuance of such a regulation.
(3) In adopting any new or amended regulations pursuant
to this section, the director shall give appropriate consideration, among other relevant factors, to the following: (a) The
purpose of this chapter being to promote uniformity of state
legislation with the federal act; (b) the probable consumption
of, or other relevant exposure from, the additive and of any
substance formed in or on food because of the use of the additive; (c) the cumulative effect, if any, of such additive in the
diet of man or animals, taking into account the same or any
chemically or pharmacologically related substance or substances in such diet; (d) safety factors which, in the opinion of
experts qualified by scientific training and experience to
evaluate the safety of color additives for the use or uses for
which the additive is proposed to be listed, are generally recognized as appropriate for the use of animal experimentation
data; (e) the availability of any needed practicable methods of
analysis for determining the identity and quantity of (i) the
pure dye and all intermediates and other impurities contained
in such color additives, (ii) such additive in or on any article
of food, and (iii) any substance formed in or on such article
because of the use of such additive; and (f) the conformity by
the manufacturer with the established standards in the industry relating to the proper formation of such color additive so
as to result in a finished product safe for use as a color additive. [1975 1st ex.s. c 7 § 28; 1963 c 198 § 6.]
Purpose of section: See RCW 69.04.398.
Food—Adulteration by color additive: RCW 69.04.231.
69.04.398
69.04.398 Purpose of RCW 69.04.110, 69.04.392,
69.04.394, 69.04.396—Uniformity with federal laws and
regulations—Application to production of kosher food
products—Adoption of rules. (1) The purpose of RCW
69.04.110, 69.04.392, 69.04.394, and 69.04.396 is to promote uniformity of state legislation and rules with the Federal
Food, Drug and Cosmetic Act 21 USC 301 et seq. and regulations adopted thereunder. In accord with such declared purpose any regulation adopted under said federal food, drug and
cosmetic act concerning food in effect on July 1, 1975, and
not adopted under any other specific provision of RCW
69.04.110, 69.04.392, 69.04.394, and 69.04.396 are hereby
deemed to have been adopted under the provision hereof.
Further, to promote such uniformity any regulation adopted
hereafter under the provisions of the federal food, drug and
cosmetic act concerning food and published in the federal
register shall be deemed to have been adopted under the provisions of RCW 69.04.110, 69.04.392, 69.04.394, and
69.04.396 in accord with chapter 34.05 RCW as enacted or
hereafter amended. The director may, however, within thirty
days of the publication of the adoption of any such regulation
under the federal food, drug and cosmetic act give public
notice that a hearing will be held to determine if such regula[Title 69 RCW—page 11]
69.04.399
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
tion shall not be applicable under the provisions of RCW
69.04.110, 69.04.392, 69.04.394, and 69.04.396. Such hearing shall be in accord with the requirements of chapter 34.05
RCW as enacted or hereafter amended.
(2) The provisions of subsection (1) of this section do not
apply to rules adopted by the director as necessary to permit
the production of kosher food products as defined in RCW
69.90.010.
(3) Notwithstanding the provisions of subsections (1)
and (2) of this section the director may adopt rules necessary
to carry out the provisions of this chapter. [1991 c 162 § 5;
1986 c 203 § 18; 1975 1st ex.s. c 7 § 36.]
Severability—1986 c 203: See note following RCW 15.17.230.
69.04.399
69.04.399 Civil penalty for violations of standards for
component parts of fluid dairy products adopted under
RCW 69.04.398. See RCW 15.36.471.
case it shall be subject to the provisions of the homeopathic
pharmacopoeia of the United States and not to those of the
United States pharmacopoeia. [1945 c 257 § 60; Rem. Supp.
1945 § 6163-109.]
69.04.430
69.04.430 Drugs—Adulteration for lack of represented purity or quality. If a drug or device is not subject to
the provisions of RCW 69.04.420 and its strength differs
from, or its purity or quality falls below, that which it purports or is represented to possess, it shall be deemed to be
adulterated. [1945 c 257 § 61; Rem. Supp. 1945 § 6163-110.]
69.04.440
69.04.440 Drugs—Adulteration by admixture or
substitution of ingredients. A drug shall be deemed to be
adulterated if any substance has been (1) mixed or packed
therewith so as to reduce its quality or strength or (2) substituted wholly or in part therefor. [1945 c 257 § 62; Rem.
Supp. 1945 § 6163-111.]
69.04.400
69.04.400 Conformance with federal regulations.
The regulations promulgated under RCW 69.04.390 shall
conform, insofar as practicable, with those promulgated
under section 406 of the federal act. [1963 c 198 § 7; 1945 c
257 § 58; Rem. Supp. 1945 § 6163-107.]
69.04.450
69.04.450 Drugs—Misbranding by false labeling. A
drug or device shall be deemed to be misbranded if its labeling is false or misleading in any particular. [1945 c 257 § 63;
Rem. Supp. 1945 § 6163-112. Prior: 1923 c 36 § 2; 1907 c
211 § 4.]
69.04.410
69.04.410 Drugs—Adulteration by harmful substances. A drug or device shall be deemed to be adulterated
(1) if it consists in whole or in part of any filthy, putrid, or
decomposed substance; or (2) if it has been produced, prepared, packed, or held under insanitary conditions whereby it
may have been contaminated with filth, or whereby it may
have been rendered injurious to health; or (3) if it is a drug
and its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if it is a drug and it bears or
contains, for purposes of coloring only, a coal tar color other
than one that is harmless and suitable for use in drugs for such
purposes, as provided by regulations promulgated under section 504 of the federal act. [1945 c 257 § 59; Rem. Supp.
1945 § 6163-108. Prior: 1923 c 36 § 1; 1907 c 211 § 3; 1901
c 94 § 3.]
69.04.420
69.04.420 Drugs—Adulteration for failure to comply
with compendium standard. If a drug or device purports to
be or is represented as a drug the name of which is recognized
in an official compendium, and its strength differs from, or its
quality or purity falls below, the standard set forth in such
compendium, it shall be deemed to be adulterated. Such
determination as to strength, quality or purity shall be made
in accordance with the tests or methods of assay set forth in
such compendium or prescribed by regulations promulgated
under section 501(b) of the federal act. No drug defined in an
official compendium shall be deemed to be adulterated under
this section because it differs from the standard of strength,
quality, or purity therefor set forth in such compendium, if its
difference in strength, quality, or purity from such standard is
plainly stated on its label. Whenever a drug is recognized in
both the United States pharmacopoeia and the homeopathic
pharmacopoeia of the United States, it shall be subject to the
requirements of the United States pharmacopoeia unless it is
labeled and offered for sale as a homeopathic drug, in which
[Title 69 RCW—page 12]
69.04.460
69.04.460 Packaged drugs—Misbranding. If a drug
or device is in package form, it shall be deemed to be misbranded unless it bears a label containing (1) the name and
place of business of the manufacturer, packer, or distributor;
and (2) an accurate statement of the quantity of the contents
in terms of weight, measure, or numerical count: PROVIDED, That under clause (2) of this section reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations promulgated by the
director. [1945 c 257 § 64; Rem. Supp. 1945 § 6163-113.
Prior: 1923 c 36 § 2; 1907 c 211 § 4.]
69.04.470
69.04.470 Drugs—Misbranding by lack of prominent
label. A drug or device shall be deemed to be misbranded if
any word, statement, or other information required by or
under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or
devices, in the labeling) and in such terms as to render it
likely to be read and understood by the ordinary individual
under customary conditions of purchase and use. [1945 c 257
§ 65; Rem. Supp. 1945 § 6163-114. Prior: 1923 c 36 § 2;
1907 c 211 § 4.]
69.04.480
69.04.480 Drugs—Misbranding for failure to state
content of habit forming drug. A drug or device shall be
deemed to be misbranded if it is for use by man and contains
any quantity of the narcotic or hypnotic substance alpha
eucaine, barbituric acid, beta eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana,
morphine, opium, paraldehyde, peyote, or sulphomethane; or
any chemical derivative of such substance, which derivative
has been designated as habit forming by regulations promulgated under section 502(d) of the federal act; unless its label
bears the name and quantity or proportion of such substance
(2004 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
or derivative and in juxtaposition therewith the statement
"Warning—May be habit forming." [1945 c 257 § 66; Rem.
Supp. 1945 § 6163-115. Prior: 1923 c 36 § 2; 1907 c 211 §
4.]
69.04.490
69.04.490 Drugs—Misbranding by failure to show
usual name and ingredients. If a drug is not designated
solely by a name recognized in an official compendium it
shall be deemed to be misbranded unless its label bears (1)
the common or usual name of the drug, if such there be; and
(2), in case it is fabricated from two or more ingredients, the
common or usual name of each active ingredient, including
the quantity, kind, and proportion of any alcohol, and also
including, whether active or not, the name and quantity or
proportion of any bromides, ether, chloroform, acetanilid,
acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine,
hyoscyamime, arsenic, digitalis, glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or
preparation of any such substances, contained therein: PROVIDED, That to the extent that compliance with the requirements of clause (2) of this section is impracticable, exemptions shall be established by regulations promulgated by the
director. [1945 c 257 § 67; Rem. Supp. 1945 § 6163-116.
Prior: 1923 c 36 § 2; 1907 c 211 § 4.]
69.04.500
69.04.500 Drugs—Misbranding by failure to give
directions for use and warnings. A drug or device shall be
deemed to be misbranded unless its labeling bears (1) adequate directions for use; and (2) such adequate warnings
against use in those pathological conditions or by children
where its use may be dangerous to health, or against unsafe
dosage or methods or duration of administration or application, in such manner and form, as are necessary for the protection of users: PROVIDED, That where any requirement
of clause (1) of this section as applied to any drug or device,
is not necessary for the protection of the public health, the
director shall promulgate regulations exempting such drug or
device from such requirements. Such regulations shall
include the exemptions prescribed under section 502(f)(1) of
the federal act, insofar as such exemptions are applicable
hereunder. [1945 c 257 § 68; Rem. Supp. 1945 § 6163-117.
Prior: 1923 c 36 § 2; 1907 c 211 § 4.]
69.04.510
69.04.510 Drugs—Misbranding for improper packaging and labeling. A drug or device shall be deemed to be
misbranded if it purports to be a drug the name of which is
recognized in an official compendium, unless it is packaged
and labeled as prescribed therein: PROVIDED, That the
method of packing may be modified with the consent of the
director, as permitted under section 502(g) of the federal act.
Whenever a drug is recognized in both the United States
pharmacopoeia and the homeopathic pharmacopoeia of the
United States, it shall be subject to the requirements of the
United States pharmacopoeia with respect to packaging and
labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions
of the homeopathic pharmacopoeia of the United States, and
not to those of the United States pharmacopoeia. [1945 c 257
§ 69; Rem. Supp. 1945 § 6163-118. Prior: 1923 c 36 § 2;
1907 c 211 § 4.]
(2004 Ed.)
69.04.565
69.04.520
69.04.520 Drugs—Misbranding for failure to show
possibility of deterioration. If a drug or device has been
found by the secretary of agriculture of the United States to
be a drug liable to deterioration, it shall be deemed to be misbranded unless it is packaged in such form and manner, and
its label bears a statement of such precautions, as required in
an official compendium or by regulations promulgated under
section 502(h) of the federal act for the protection of the public health. [1945 c 257 § 70; Rem. Supp. 1945 § 6163-119.
Prior: 1923 c 36 § 2; 1907 c 211 § 4.]
69.04.530
69.04.530 Drugs—Misbranding by misleading representation. A drug shall be deemed to be misbranded if (1) its
container is so made, formed, or filled as to be misleading; or
(2) if it is an imitation of another drug; or (3) if it is offered
for sale under the name of another drug; or (4) if it is dangerous to health when used in the dosage, or with the frequency
or duration prescribed, recommended, or suggested in the
labeling thereof. [1945 c 257 § 71; Rem. Supp. 1945 § 6163120. Prior: 1923 c 36 § 2; 1907 c 211 § 4.]
69.04.540
69.04.540 Drugs—Misbranding by sale without prescription of drug requiring it. A drug or device shall be
deemed to be misbranded if it is a drug which by label provides, or which the federal act or any applicable law requires
by label to provide, in effect, that it shall be used only upon
the prescription of a physician, dentist, or veterinarian, unless
it is dispensed at retail on a written prescription signed by a
physician, dentist, or veterinarian, who is licensed by law to
administer such a drug. [1945 c 257 § 72; Rem. Supp. 1945
§ 6163-121. Prior: 1923 c 36 § 2; 1907 c 211 § 4.]
69.04.550
69.04.550 Drugs exempt if in transit for completion
purposes. A drug or device which is, in accordance with the
practice of the trade, to be processed, labeled, or repacked in
substantial quantities at an establishment other than the establishment where it was originally processed or packed, is
exempted from the affirmative labeling and packaging
requirements of this chapter, while it is in transit in intrastate
commerce from the one establishment to the other, if such
transit is made in good faith for such completion purposes
only; but it is otherwise subject to all the applicable provisions of this chapter. [1945 c 257 § 73; Rem. Supp. 1945 §
6163-122.]
69.04.560
69.04.560 Dispensing of certain drugs exempt. A
drug dispensed on a written prescription signed by a physician, dentist, or veterinarian (except a drug dispensed in the
course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail) shall, if (1) such physician, dentist, or veterinarian is licensed by law to administer such
drug, and (2) such drug bears a label containing the name and
place of business of the dispenser, the serial number and date
of such prescription, and the name of such physician, dentist,
or veterinarian, be exempt from the requirements of RCW
69.04.450 through 69.04.540. [1945 c 257 § 74; Rem. Supp.
1945 § 6163-123.]
69.04.565
69.04.565 DMSO (dimethyl sulfoxide) authorized.
Notwithstanding any other provision of state law, DMSO
[Title 69 RCW—page 13]
69.04.570
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(dimethyl sulfoxide) may be introduced into intrastate commerce as long as (1) it is manufactured or distributed by persons licensed pursuant to chapter 18.64 RCW or chapter
18.92 RCW, and (2) it is used, or intended to be used, in the
treatment of human beings or animals for any ailment or
adverse condition: PROVIDED, That DMSO intended for
topical application, consistent with rules governing purity
and labeling promulgated by the state board of pharmacy,
shall not be considered a legend drug and may be sold by any
retailer. [1981 c 50 § 1.]
DMSO use by health facilities, physicians: RCW 70.54.190.
69.04.570
69.04.570 Introduction of new drug. No person shall
introduce or deliver for introduction into intrastate commerce
any new drug which is subject to section 505 of the federal
act unless an application with respect to such drug has
become effective thereunder. No person shall introduce or
deliver for introduction into intrastate commerce any new
drug which is not subject to section 505 of the federal act,
unless (1) it has been found, by appropriate tests, that such
drug is not unsafe for use under the conditions prescribed,
recommended, or suggested in the labeling thereof; and (2)
an application has been filed under this section of this chapter
with respect to such drug: PROVIDED, That the requirement
of clause (2) shall not apply to any drug introduced into intrastate commerce at any time prior to the enactment of this
chapter or introduced into interstate commerce at any time
prior to the enactment of the federal act: PROVIDED FURTHER, That if the director finds that the requirement of
clause (2) as applied to any drug or class of drugs, is not necessary for the protection of the public health, he shall promulgate regulations of exemption accordingly. [1945 c 257 § 75;
Rem. Supp. 1945 § 6163-124.]
69.04.580
69.04.580 Application for introduction. An application under RCW 69.04.570 shall be filed with the director,
and subject to any waiver by the director, shall include (1)
full reports of investigations which have been made to show
whether or not the drug, subject to the application, is safe for
use under the conditions prescribed, recommended, or suggested in the labeling thereof; (2) a full list of the articles used
as components of such drug; (3) a full statement of the composition of such drug; (4) a full description of the methods
used in, and the facilities and controls used for, the manufacture, processing, and packing of such drug; (5) such samples
of such drug and of the articles used as components thereof as
the director may require; and (6) specimens of the labeling
proposed to be used for such drug. [1945 c 257 § 76; Rem.
Supp. 1945 § 6163-125.]
notice and opportunity for hearing to the applicant, that the
drug, subject to the application, is not safe for use under the
conditions prescribed, recommended, or suggested in the
labeling thereof, he shall, prior to such effective date, issue an
order refusing to permit such application to become effective
and stating the findings upon which it is based. [1945 c 257
§ 78; Rem. Supp. 1945 § 6163-127.]
69.04.610
69.04.610 Revocation of denial. An order refusing to
permit an application under RCW 69.04.570 to become
effective may be suspended or revoked by the director, for
cause and by order stating the findings upon which it is based.
[1945 c 257 § 79; Rem. Supp. 1945 § 6163-128.]
69.04.620
69.04.620 Service of order of denial. Orders of the
director issued under RCW 69.04.600 shall be served (1) in
person by a duly authorized representative of the director or
(2) by mailing the order by registered mail addressed to the
applicant or respondent at his address last known to the director. [1945 c 257 § 80; Rem. Supp. 1945 § 6163-129.]
69.04.630
69.04.630 Drug for investigational use exempt. A
drug shall be exempt from the operation of RCW 69.04.570
which is intended, and introduced or delivered for introduction into intrastate commerce, solely for investigational use
by experts qualified by scientific training and experience to
investigate the safety of drugs and which is plainly labeled
"For investigational use only." [1945 c 257 § 81; Rem. Supp.
1945 § 6163-130.]
69.04.640
69.04.640 Court review of denial. The superior court
of Thurston county shall have jurisdiction to review and to
affirm, modify, or set aside any order issued under RCW
69.04.600, upon petition seasonably made by the person to
whom the order is addressed and after prompt hearing upon
due notice to both parties. [1945 c 257 § 82; Rem. Supp.
1945 § 6163-131.]
69.04.650
69.04.650 Dispensing of certain drugs exempt. A
drug dispensed on a written prescription signed by a physician, dentist, or veterinarian (except a drug dispensed in the
course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail) shall, if (1) such physician, dentist, or veterinarian is licensed by law to administer such
drug, and (2) such drug bears a label containing the name and
place of business of the dispenser, the serial number and date
of such prescription, and the name of such physician, dentist,
or veterinarian, be exempt from the operation of RCW
69.04.570 through 69.04.640. [1945 c 257 § 83; Rem. Supp.
1945 § 6163-132.]
69.04.590
69.04.590 Effective date of application. An application filed under RCW 69.04.570 shall become effective on
the sixtieth day after the filing thereof, unless the director (1)
makes such application effective prior to such day; or (2)
issues an order with respect to such application pursuant to
RCW 69.04.600. [1945 c 257 § 77; Rem. Supp. 1945 § 6163126.]
69.04.600
69.04.600 Denial of application. If the director finds,
upon the basis of the information before him and after due
[Title 69 RCW—page 14]
69.04.660
69.04.660 Federally licensed drugs exempt. The provisions of RCW 69.04.570 shall not apply to any drug which
is licensed under the federal virus, serum, and toxin act of
July 1, 1902; or under the federal virus, serums, toxins, antitoxins, and analogous products act of March 4, 1913. [1945
c 257 § 84; Rem. Supp. 1945 § 6163-133.]
69.04.670
69.04.670 Cosmetics—Adulteration by injurious
substances. A cosmetic shall be deemed to be adulterated
(2004 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
(1) if it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling thereof, or under such
conditions of use as are customary or usual: PROVIDED,
That this provision shall not apply to coal tar hair dye, the
label of which bears the following legend conspicuously displayed thereon: "Caution—This product contains ingredients
which may cause skin irritation on certain individuals and a
preliminary test according to accompanying direction should
first be made. This product must not be used for dyeing the
eyelashes or eyebrows; to do so may cause blindness.", and
the labeling of which bears adequate directions for such preliminary testing. For the purposes of this paragraph and paragraph (5) the term "hair dye" shall not include eyelash dyes or
eyebrow dyes; or (2) if it consists in whole or in part of any
filthy, putrid, or decomposed substance; or (3) if it has been
produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth,
or whereby it may have been rendered injurious to health; or
(4) if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or (5) if it is not a hair dye and it
bears or contains a coal tar color other than one that is harmless and suitable for use in cosmetics, as provided by regulations promulgated under section 604 of the federal act. [1945
c 257 § 85; Rem. Supp. 1945 § 6163-134.]
69.04.680
69.04.680 Cosmetics—Misbranding by false label,
etc. A cosmetic shall be deemed to be misbranded (1) if its
labeling is false or misleading in any particular; or (2) if in
package form, unless it bears a label containing (a) the name
and place of business of the manufacturer, packer, or distributor; and (b) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: PROVIDED, That under clause (b) of this section reasonable variations shall be permitted, and exemptions as to small
packages shall be established, by regulations prescribed by
the director. [1945 c 257 § 86; Rem. Supp. 1945 § 6163135.]
69.04.690
69.04.690 Cosmetics—Misbranding by lack of prominent label. A cosmetic shall be deemed to be misbranded
(1) if any word, statement, or other information required by
or under authority of this chapter to appear on the label or
labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements,
designs, or devices, in the labeling) and in such terms as to
render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use;
or (2) if its container is so made, formed, or filled as to be
misleading. [1945 c 257 § 87; Rem. Supp. 1945 § 6163-136.]
69.04.740
faith for such completion purposes only; but it is otherwise
subject to all the applicable provisions of this chapter. [1945
c 257 § 88; Rem. Supp. 1945 § 6163-137.]
69.04.710
69.04.710 Advertisement, when deemed false. An
advertisement of a food, drug, device, or cosmetic shall be
deemed to be false, if it is false or misleading in any particular. [1945 c 257 § 89; Rem. Supp. 1945 § 6163-138.]
69.04.720
69.04.720 Advertising of cure of certain diseases
deemed false. The advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis,
arteriosclerosis, blood poison, bone disease, Bright's disease,
cancer, carbuncles, cholecystitis, diabetes, diphtheria,
dropsy, erysipelas, gallstones, heart and vascular diseases,
high blood pressure, mastoiditis, measles, meningitis,
mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox,
tuberculosis, tumors, typhoid, uremia, *venereal disease,
shall also be deemed to be false; except that no advertisement
not in violation of RCW 69.04.710 shall be deemed to be
false under this section if it is disseminated only to members
of the medical, veterinary, dental, pharmacal, and other
legally recognized professions dealing with the healing arts,
or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health
education by persons not commercially interested, directly or
indirectly, in the sale of such drugs or devices: PROVIDED,
That whenever the director determines that an advance in
medical science has made any type of self-medication safe as
to any of the diseases named above, the director shall by regulation authorize the advertisement of drugs having curative
or therapeutic effect for such disease, subject to such conditions and restrictions as the director may deem necessary in
the interest of public health: PROVIDED FURTHER, That
this section shall not be construed as indicating that self-medication for diseases other than those named herein is safe or
efficacious. [1945 c 257 § 90; Rem. Supp. 1945 § 6163-139.]
*Reviser's note: The term "venereal disease" was changed to "sexually
transmitted disease" by 1988 c 206.
69.04.730
69.04.730 Enforcement, where vested—Regulations.
The authority to promulgate regulations for the efficient
enforcement of this chapter is hereby vested in the director:
PROVIDED, HOWEVER, That the director shall designate
the Washington state board of pharmacy to carry out all the
provisions of this chapter pertaining to drugs and cosmetics,
with authority to promulgate regulations for the efficient
enforcement thereof. [1945 c 257 § 91 (vetoed); 1947 c 25
(passed notwithstanding veto); Rem. Supp. 1947 § 6163139a.]
69.04.700
69.04.700 Cosmetics exempt if in transit for completion purposes. A cosmetic which is, in accordance with the
practice of the trade, to be processed, labeled, or repacked in
substantial quantities at an establishment other than the establishment where it was originally processed or packed, is
exempted from the affirmative labeling requirements of this
chapter, while it is in transit in intrastate commerce from the
one establishment to the other, if such transit is made in good
(2004 Ed.)
69.04.740
69.04.740 Regulations to conform with federal regulations. The purpose of this chapter being to promote uniformity of state legislation with the federal act, the director is
hereby authorized (1) to adopt, insofar as applicable, the regulations from time to time promulgated under the federal act;
and (2) to make the regulations promulgated under this chapter conform, insofar as practicable, with those promulgated
[Title 69 RCW—page 15]
69.04.750
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
under the federal act. [1945 c 257 § 92; Rem. Supp. 1945 §
6163-140.]
shall be open to inspection by the director. [1945 c 257 § 98;
Rem. Supp. 1945 § 6163-146.]
69.04.750
69.04.750 Hearings. Hearings authorized or required
by this chapter shall be conducted by the director or his duly
authorized representative designated for the purpose. [1945 c
257 § 93; Rem. Supp. 1945 § 6163-141.]
69.04.761
69.04.761 Hearing on proposed regulation—Procedure. The director shall hold a public hearing upon a proposal to promulgate any new or amended regulation under
this chapter. The procedure to be followed concerning such
hearings shall comply in all respects with chapter 34.05 RCW
(Administrative Procedure Act) as now enacted or hereafter
amended. [1963 c 198 § 13.]
69.04.770
69.04.770 Review on petition prior to effective date.
The director shall have jurisdiction to review and to affirm,
modify, or set aside any order issued under *RCW 69.04.760,
promulgating a new or amended regulation under this chapter, upon petition made at any time prior to the effective date
of such regulation, by any person adversely affected by such
order. [1945 c 257 § 95; Rem. Supp. 1945 § 6163-143.]
*Reviser's note: RCW 69.04.760 was repealed by 1963 c 198 § 15.
Later enactment, see RCW 69.04.761.
69.04.780
69.04.780 Investigations—Samples—Right of
entry—Verified statements. The director shall cause the
investigation and examination of food, drugs, devices, and
cosmetics subject to this chapter. The director shall have the
right (1) to take a sample or specimen of any such article, for
examination under this chapter, upon tendering the market
price therefor to the person having such article in custody;
and (2) to enter any place or establishment within this state, at
reasonable times, for the purpose of taking a sample or specimen of any such article, for such examination.
The director and the director's deputies, assistants, and
inspectors are authorized to do all acts and things necessary
to carry out the provisions of this chapter, including the taking of verified statements. Such department personnel are
empowered to administer oaths of verification on the statements. [1991 c 162 § 6; 1945 c 257 § 96; Rem. Supp. 1945 §
6163-144.]
69.04.790
69.04.790 Owner may obtain part of sample. Where
a sample or specimen of any such article is taken for examination under this chapter the director shall, upon request, provide a part thereof for examination by any person named on
the label of such article, or the owner thereof, or his attorney
or agent; except that the director is authorized, by regulation,
to make such reasonable exceptions from, and to impose such
reasonable terms and conditions relating to, the operation of
this section as he finds necessary for the proper administration of the provisions of this chapter. [1945 c 257 § 97; Rem.
Supp. 1945 § 6163-145.]
69.04.800
69.04.800 Access to records of other agencies. For the
purpose of enforcing the provisions of this chapter, pertinent
records of any administrative agency of the state government
[Title 69 RCW—page 16]
69.04.810
69.04.810 Access to records of intrastate carriers.
For the purpose of enforcing the provisions of this chapter,
carriers engaged in intrastate commerce, and persons receiving food, drugs, devices, or cosmetics in intrastate commerce
or holding such articles so received, shall, upon the request of
the director, permit the director at reasonable times, to have
access to and to copy all records showing the movement in
intrastate commerce of any food, drug, device, or cosmetic,
or the holding thereof during or after such movement, and the
quantity, shipper, and consignee thereof; and it shall be
unlawful for any such carrier or person to fail to permit such
access to and the copying of any such records so requested
when such request is accompanied by a statement in writing
specifying the nature or kind of food, drug, device, or cosmetic to which such request relates: PROVIDED, That evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained: PROVIDED FURTHER, That except for violations of RCW
69.04.955, penalties levied under RCW 69.04.980, the
requirements of RCW 69.04.950 through 69.04.980, and the
requirements of this section, carriers shall not be subject to
the other provisions of this chapter by reason of their receipt,
carriage, holding, or delivery of food, drugs, devices, or cosmetics in the usual course of business as carriers. [1990 c 202
§ 9; 1945 c 257 § 99; Rem. Supp. 1945 § 6163-147.]
69.04.820
69.04.820 Right of entry to factories, warehouses,
vehicles, etc. For the purpose of enforcing the provisions of
this chapter, the director is authorized (1) to enter, at reasonable times, any factory, warehouse, or establishment subject
to this chapter, or to enter any vehicle being used to transport
or hold food, drugs, devices, or cosmetics in intrastate commerce; and (2) to inspect, at reasonable times, such factory,
warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, labeling,
and advertisements therein. [1945 c 257 § 100; Rem. Supp.
1945 § 6163-148.]
69.04.830
69.04.830 Publication of reports of judgments,
orders and decrees. The director may cause to be published
from time to time reports summarizing all judgments,
decrees, and court orders which have been rendered under
this chapter, including the nature of the charge and the disposition thereof. [1945 c 257 § 101; Rem. Supp. 1945 § 6163149.]
69.04.840
69.04.840 Dissemination of information. The director
may cause to be disseminated information regarding food,
drugs, devices, or cosmetics in situations involving, in the
opinion of the director, imminent danger to health or gross
deception of, or fraud upon, the consumer. Nothing in this
section shall be construed to prohibit the director from collecting, reporting, and illustrating the results of his examinations and investigations under this chapter. [1945 c 257 §
102; Rem. Supp. 1945 § 6163-150.]
(2004 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
69.04.845
69.04.845 Severability—1945 c 257. If any provision
of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the
constitutionality of the remainder of the chapter and the
applicability thereof to other persons and circumstances shall
not be affected thereby. [1945 c 257 § 103; Rem. Supp. 1945
§ 6163-151.]
69.04.928
(3) "Shelf life" means the length of time during which a
packaged food product will retain its safe consumption quality if stored under proper temperature conditions.
(4) "Fish" as used in subsection (1) of this section shall
mean any water breathing animals, including, but not limited
to, shellfish such as lobster, clams, crab, or other mollusca
which are prepared, processed, sold, or intended or offered
for sale. [1974 ex.s. c 57 § 1; 1973 1st ex.s. c 112 § 1.]
69.04.850
69.04.850 Construction—1945 c 257. This chapter
and the regulations promulgated hereunder shall be so interpreted and construed as to effectuate its general purpose to
secure uniformity with federal acts and regulations relating to
adulterating, misbranding and false advertising of food,
drugs, devices, and cosmetics. [1945 c 257 § 104; Rem.
Supp. 1945 § 6163-152.]
69.04.860
69.04.860 Effective date of chapter—1945 c 257. This
chapter shall take effect ninety days after the date of its enactment, and all state laws or parts of laws in conflict with this
chapter are then repealed: PROVIDED, That the provisions
of section 91 shall become effective on the enactment of this
chapter, and thereafter the director is hereby authorized to
conduct hearings and to promulgate regulations which shall
become effective on or after the effective date of this chapter
as the director shall direct: PROVIDED FURTHER, That all
other provisions of this chapter to the extent that they may
relate to the enforcement of such sections, shall take effect on
the date of the enactment of this chapter. [1945 c 257 § 105;
Rem. Supp. 1945 § 6163-153.]
Reviser's note: 1945 c 257 § 91 referred to herein was vetoed by the
governor but was subsequently reenacted as 1947 c 25 notwithstanding the
veto. Section 91 is codified as RCW 69.04.730. For effective date of section
91 see preface 1947 session laws.
69.04.870
69.04.870 Short title. This chapter may be cited as the
Uniform Washington Food, Drug, and Cosmetic Act. [1945
c 257 § 1; Rem. Supp. 1945 § 6163-50.]
69.04.905
69.04.905 Perishable packaged food—Pull date
labeling—Required. All perishable packaged food goods
with a projected shelf life of thirty days or less, which are
offered for sale to the public after January 1, 1974 shall state
on the package the pull date. The pull date must be stated in
day, and month and be in a style and format that is readily
decipherable by consumers: PROVIDED, That the director
of the department of agriculture may exclude the monthly
requirement on the pull date for perishable packaged food
goods which have a shelf life of seven days or less. No perishable packaged food goods shall be offered for sale after the
pull date, except as provided in RCW 69.04.910. [1974 ex.s.
c 57 § 2; 1973 1st ex.s. c 112 § 2.]
69.04.910
69.04.910 Perishable packaged food—Pull date
labeling—Selling or trading goods beyond pull date—
Repackaging to substitute for original date—Exception.
No person shall sell, trade or barter any perishable packaged
food goods beyond the pull date appearing thereon, nor shall
any person rewrap or repackage any packaged perishable
food goods with the intention of placing a pull date thereon
which is different from the original: PROVIDED, HOWEVER, That those packaged perishable food goods whose
pull dates have expired may be sold if they are still wholesome and are without danger to health, and are clearly identified as having passed the pull date. [1973 1st ex.s. c 112 § 3.]
69.04.915
69.04.880
69.04.880 Civil penalty. Whenever the director finds
that a person has committed a violation of a provision of this
chapter, the director may impose upon and collect from the
violator a civil penalty not exceeding one thousand dollars
per violation per day. Each and every such violation shall be
a separate and distinct offense. Imposition of the civil penalty
shall be subject to a hearing in conformance with chapter
34.05 RCW. [1991 c 162 § 2.]
69.04.900
69.04.900 Perishable packaged food—Pull date
labeling—Definitions. For the purpose of RCW 69.04.900
through 69.04.920:
(1) "Perishable packaged food goods" means and
includes all foods and beverages, except alcoholic beverages,
frozen foods, fresh meat, poultry and fish and a raw agricultural commodity as defined in this chapter, intended for
human consumption which are canned, bottled, or packaged
other than at the time and point of retail sale, which have a
high risk of spoilage within a period of thirty days, and as
determined by the director of the department of agriculture
by rule and regulation to be perishable.
(2) "Pull date" means the latest date a packaged food
product shall be offered for sale to the public.
(2004 Ed.)
69.04.915 Perishable packaged food—Pull date
labeling—Storage—Rules and regulations. The director
of the department of agriculture shall by rule and regulation
establish uniform standards for pull date labeling, and optimum storage conditions of perishable packaged food goods.
In addition to his other duties the director, in consultation
with the secretary of the department of health where appropriate, may promulgate such other rules and regulations as
may be necessary to carry out the purposes of RCW
69.04.900 through 69.04.920. [1989 1st ex.s. c 9 § 225; 1973
1st ex.s. c 112 § 4.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.04.920
69.04.920 Perishable packaged food—Pull date
labeling—Penalties. Any person convicted of a violation of
RCW 69.04.905 or 69.04.910 shall be punishable by a fine
not to exceed five hundred dollars. [1973 1st ex.s. c 112 § 5.]
69.04.928
69.04.928 Seafood labeling requirements—Pamphlet—Direct retail endorsement. The department of agriculture must develop a pamphlet that generally describes the
labeling requirements for seafood, as set forth in this chapter,
and provide an adequate quantity of the pamphlets to the
[Title 69 RCW—page 17]
69.04.930
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
department of fish and wildlife to distribute with the issuance
of a direct retail endorsement under RCW 77.65.510. [2002
c 301 § 11.]
Finding—Effective date—2002 c 301: See notes following RCW
77.65.510.
69.04.930
69.04.930 Frozen fish and meat—Labeling requirements—Exceptions. It shall be unlawful for any person to
sell at retail or display for sale at retail any food fish as
defined in RCW 77.08.022 or shellfish as defined in RCW
77.08.010, any meat, or any meat food product which has
been frozen at any time, without having the package or container in which the same is sold bear a label clearly discernible to a customer that such product has been frozen and
whether or not the same has since been thawed. No such food
fish or shellfish, meat or meat food product shall be sold
unless in such a package or container bearing said label:
PROVIDED, That this section shall not include any of the
aforementioned food or food products that have been frozen
prior to being smoked, cured, cooked or subjected to the heat
of commercial sterilization. [2003 c 39 § 28; 1999 c 291 §
32; 1988 c 254 § 8; 1983 1st ex.s. c 46 § 179; 1975 c 39 § 1.]
69.04.934
69.04.934 Salmon labeling—Identification as farmraised or commercially caught—Exceptions—Penalty.
With the exception of a commercial fisher engaged in sales of
fish to a fish buyer, no person may sell at wholesale or retail
any fresh or frozen:
(1) Private sector cultured aquatic salmon without identifying the product as farm-raised salmon; or
(2) Commercially caught salmon designated as food fish
under Title 77 RCW without identifying the product as commercially caught salmon.
Identification of the products under subsections (1) and
(2) of this section shall be made to the buyer at the point of
sale such that the buyer can make an informed decision in
purchasing.
A person knowingly violating this section is guilty of
misbranding under this chapter. A person who receives misleading or erroneous information about whether the salmon is
farm-raised or commercially caught, and subsequently inaccurately identifies salmon shall not be guilty of misbranding.
This section shall not apply to salmon that is minced, pulverized, coated with batter, or breaded. [2003 c 39 § 29; 1993 c
282 § 4.]
Finding—1993 c 282: See note following RCW 69.04.932.
69.04.932
69.04.932 Salmon labeling—Definitions. Unless the
context clearly requires otherwise, the definitions in this section apply throughout RCW 69.04.933 through 69.04.935.
(1) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW,
and includes:
SCIENTIFIC NAME
Oncorhynchus tshawytscha
Oncorhynchus kisutch
Oncorhynchus keta
Oncorhynchus gorbuscha
Oncorhynchus nerka
Salmo salar (in other than
its landlocked form)
COMMON NAME
Chinook salmon or king salmon
Coho salmon or silver salmon
Chum salmon
Pink salmon
Sockeye salmon
Atlantic salmon
(2) "Commercially caught" means salmon harvested by
commercial fishers. [1993 c 282 § 2.]
Finding—1993 c 282: "The legislature finds that salmon consumers in
Washington benefit from knowing the species and origin of the salmon they
purchase. The accurate identification of such species, as well as knowledge
of the country or state of origin and of whether they were caught commercially or were farm-raised, is important to consumers." [1993 c 282 § 1.]
69.04.933
69.04.933 Salmon labeling—Identification of species—Exceptions—Penalty. With the exception of a commercial fisher engaged in sales of fish to a fish buyer, no person may sell at wholesale or retail any fresh or frozen salmon
food fish or cultured aquatic salmon without identifying the
species of salmon by its common name to the buyer at the
point of sale such that the buyer can make an informed decision in purchasing. A person knowingly violating this section
is guilty of misbranding under this chapter. A person who
receives misleading or erroneous information about the species of salmon and subsequently inaccurately identifies
salmon shall not be guilty of misbranding. This section shall
not apply to salmon that is minced, pulverized, coated with
batter, or breaded. [1993 c 282 § 3.]
Finding—1993 c 282: See note following RCW 69.04.932.
[Title 69 RCW—page 18]
69.04.935
69.04.935 Salmon labeling—Rules for identification
and enforcement. To promote honesty and fair dealing for
consumers, the director, in consultation with the director of
the department of fish and wildlife, shall adopt rules:
(1) Fixing and establishing a reasonable definition and
standard of identity for salmon for purposes of identifying
and selling salmon;
(2) Enforcing RCW 69.04.933 and 69.04.934. [1994 c
264 § 39; 1993 c 282 § 5.]
Finding—1993 c 282: See note following RCW 69.04.932.
69.04.940
69.04.940 Imported lamb products—Labeling
requirements. All retail sales of fresh or frozen lamb products which are imported from another country shall be
labelled with the country of origin. For the purposes of this
section "imported lamb products" shall include but not be
limited to, live lambs imported from another country but
slaughtered in the United States. [1987 c 393 § 25.]
69.04.950
69.04.950 Transport of bulk foods—Definitions. The
definitions in this section apply throughout RCW 69.04.950
through 69.04.980:
(1) "Food" means: (a) Any article used for food or drink
for humans or used as a component of such an article; or (b)
a food grade substance.
(2) "Food grade substance" means a substance which satisfies the requirements of the federal food, drug, and cosmetic act, meat inspection act, and poultry products act and
rules promulgated thereunder as materials approved by the
federal food and drug administration, United States department of agriculture, or United States environmental protection agency for use: (a) As an additive in food or drink for
human consumption, (b) in sanitizing food or drink for
human consumption, (c) in processing food or drink for
human consumption, or (d) in maintaining equipment with
food contact surfaces during which maintenance the sub(2004 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
stance is expected to come in contact with food or drink for
human consumption.
(3) "In bulk form" means a food or substance which is
not packaged or contained by anything other than the cargo
carrying portion of the vehicle or vessel.
(4) "Vehicle or vessel" means a commercial vehicle or
commercial vessel which has a gross weight of more than ten
thousand pounds, is used to transport property, and is a motor
vehicle, motor truck, trailer, railroad car, or vessel. [1990 c
202 § 1.]
Advisory committee—Report—1990 c 202: "The director of agriculture and the secretary of health shall examine, in consultation with an industry advisory committee, the potential hazards that may be posed to the public
health by the transportation of food in other than bulk form in intrastate commerce. The director and secretary shall report the findings to the legislature
by January 1, 1992, concerning the extent of the potential hazards, the frequency of mixed shipments of packaged food and nonfood items, the manner
in which mixed shipments of packaged food and nonfood items are transported, and the incidents of food contamination in Washington state within
the past five years. The findings shall include recommendations, if any, for
regulating the transportation of food in other than bulk form.
The director and the secretary shall establish an industry advisory committee to provide advice regarding the examination required by this section.
The director and the secretary shall jointly appoint not less than nine persons
to the committee. These persons shall be representatives from the manufacturing, processing, wholesaling, distributing, and retailing sectors of the food
industry." [1990 c 202 § 8.]
69.04.955
69.04.955 Transport of bulk foods—Prohibitions—
Exemption. (1) Except as provided in RCW 69.04.965 and
69.04.975, no person may transport in intrastate commerce
food in bulk form in the cargo carrying portion of a vehicle or
vessel that has been used for transporting in bulk form a
cargo other than food.
(2) No person may transport in intrastate commerce food
in bulk form in the cargo carrying portion of a vehicle or vessel unless the vehicle or vessel is marked "Food or Food
Compatible Only" in conformance with rules adopted under
RCW 69.04.960.
(3) No person may transport in intrastate commerce a
substance in bulk form other than food or a substance on a list
adopted under RCW 69.04.960 in the cargo carrying portion
of a vehicle or vessel marked "Food or Food Compatible
Only."
(4) This section does not apply to the transportation of a
raw agricultural commodity from the point of its production
to the facility at which the commodity is first processed or
packaged. [1990 c 202 § 2.]
69.04.960 Transport of bulk foods—Compatible substances—Cleaning vehicle or vessel—Vehicle or vessel
marking. (1) The director of agriculture and the secretary of
health shall jointly adopt by rule:
(a) A list of food compatible substances other than food
that may be transported in bulk form as cargo in a vehicle or
vessel that is also used, on separate occasions, to transport
food in bulk form as cargo. The list shall contain those substances that the director and the secretary determine will not
pose a health hazard if food in bulk form were transported in
the vehicle or vessel after it transported the substance. In
making this determination, the director and the secretary shall
assume that some residual portion of the substance will
remain in the cargo carrying portion of the vehicle or vessel
when the food is transported;
69.04.970
(b) The procedures to be used to clean the vehicle or vessel after transporting the substance and prior to transporting
the food;
(c) The form of the certificates to be used under RCW
69.04.965; and
(d) Requirements for the "Food or Food Compatible
Only" marking which must be borne by a vehicle or vessel
under RCW 69.04.955 or 69.04.965.
(2) In developing and adopting rules under this section
and RCW 69.04.970, the director and the secretary shall consult with the secretary of transportation, the chief of the state
patrol, the chair of the utilities and transportation commission, and representatives of the vehicle and vessel transportation industries, food processors, and agricultural commodity
organizations. [1990 c 202 § 3.]
69.04.965
69.04.965 Transport of bulk foods—Transports not
constituting violations. Transporting food as cargo in bulk
form in intrastate commerce in a vehicle or vessel that has
previously been used to transport in bulk form a cargo other
than food does not constitute a violation of RCW 69.04.955
if:
(1) The cargo is a food compatible substance contained
on the list adopted by the director and secretary under RCW
69.04.960;
(2) The vehicle or vessel has been cleaned as required by
the rules adopted under RCW 69.04.960;
(3) The vehicle or vessel is marked "Food or Food Compatible" in conformance with rules adopted under RCW
69.04.960; and
(4) A certificate accompanies the vehicle or vessel when
the food is transported by other than railroad car which
attests, under penalty of perjury, to the fact that the vehicle or
vessel has been cleaned as required by those rules and is
dated and signed by the party responsible for that cleaning.
Such certificates shall be maintained by the owner of the
vehicle or vessel for not less than three years and shall be
available for inspection concerning compliance with RCW
69.04.950 through 69.04.980. The director of agriculture and
the secretary of health shall jointly adopt rules requiring such
certificates for the transportation of food under this section
by railroad car and requiring such certificates to be available
for inspection concerning compliance with RCW 69.04.950
through 69.04.980. Forms for the certificates shall be provided by the department of agriculture. [1990 c 202 § 4.]
69.04.960
(2004 Ed.)
69.04.970
69.04.970 Transport of bulk foods—Substances rendering vehicle or vessel permanently unsuitable for bulk
food transport—Procedures to rehabilitate vehicles and
vessels. The director of agriculture and the secretary of
health shall jointly adopt by rule:
(1) A list of substances which, if transported in bulk form
in the cargo carrying portion of a vehicle or vessel, render the
vehicle or vessel permanently unsuitable for use in transporting food in bulk form because the prospect that any residue
might be present in the vehicle or vessel when it transports
food poses a hazard to the public health; and
(2) Procedures to be used to rehabilitate a vehicle or vessel that has been used to transport a substance other than a
substance contained on a list adopted under RCW 69.04.960
[Title 69 RCW—page 19]
69.04.975
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
or under subsection (1) of this section. The procedures shall
ensure that transporting food in the cargo carrying portion of
the vehicle or vessel after its rehabilitation will not pose a
health hazard. [1990 c 202 § 5.]
69.04.975
69.04.975 Transport of bulk foods—Rehabilitation
of vehicles and vessels—Inspection—Certification—
Marking—Costs. A vehicle or vessel that has been used to
transport a substance other than food or a substance contained on the lists adopted by the director and secretary under
RCW 69.04.960 and 69.04.970, may be rehabilitated and
used to transport food only if:
(1) The vehicle or vessel is rehabilitated in accordance
with the procedures established by the director and secretary
in RCW 69.04.970;
(2) The vehicle or vessel is inspected by the department
of agriculture, and the department determines that transporting food in the cargo carrying portion of the vehicle or vessel
will not pose a health hazard;
(3) A certificate accompanies the vehicle or vessel certifying that the vehicle or vessel has been rehabilitated and
inspected and is authorized to transport food, and is dated and
signed by the director of agriculture, or an authorized agent
of the director. Such certificates shall be maintained for the
life of the vehicle by the owner of the vehicle or vessel, and
shall be available for inspection concerning compliance with
RCW 69.04.950 through 69.04.980. Forms for the certificates shall be provided by the department of agriculture; and
(4) The vehicle or vessel is marked as required by RCW
69.04.955 or is marked and satisfies the requirements of
RCW 69.04.965 which are not inconsistent with the rehabilitation authorized by this section.
No vehicle or vessel that has transported in bulk form a
substance contained on the list adopted under RCW
69.04.970 qualifies for rehabilitation.
The cost of rehabilitation shall be borne by the vehicle or
vessel owner. The director shall determine a reasonable fee to
be imposed on the vehicle or vessel owner based on inspection, laboratory, and administrative costs incurred by the
department in rehabilitating the vehicle or vessel. [1990 c
202 § 6.]
69.04.980
69.04.980 Transport of bulk foods—Penalties. A person who knowingly transports a cargo in violation of RCW
69.04.955 or who knowingly causes a cargo to be transported
in violation of RCW 69.04.955 is subject to a civil penalty, as
determined by the director of agriculture, for each such violation as follows:
(1) For a person's first violation or first violation in a
period of five years, not more than five thousand dollars;
(2) For a person's second or subsequent violation within
five years of a previous violation, not more than ten thousand
dollars.
The director shall impose the penalty by an order which
is subject to the provisions of chapter 34.05 RCW.
The director shall, wherever practical, secure the assistance of other public agencies, including but not limited to
the department of health, the utilities and transportation commission, and the state patrol, in identifying and investigating
potential violations of RCW 69.04.955. [1990 c 202 § 7.]
[Title 69 RCW—page 20]
Chapter 69.06 RCW
FOOD AND BEVERAGE ESTABLISHMENT
WORKERS' PERMITS
Chapter 69.06
Sections
69.06.010
69.06.020
69.06.030
69.06.040
69.06.045
69.06.050
69.06.060
69.06.070
Food and beverage service worker's permit—Filing, duration—Minimum training requirements.
Permit exclusive and valid throughout state—Fee.
Diseased persons—May not work—Employer may not hire.
Application of chapter to retail food establishments.
Application of chapter to temporary food service establishments.
Permit to be secured within fourteen days from time of
employment.
Penalty.
Limited duty permit.
69.06.010
69.06.010 Food and beverage service worker's permit—Filing, duration—Minimum training requirements.
It shall be unlawful for any person to be employed in the handling of unwrapped or unpackaged food unless he or she shall
furnish and place on file with the person in charge of such
establishment, a food and beverage service worker's permit,
as prescribed by the state board of health. Such permit shall
be kept on file by the employer or kept by the employee on
his or her person and open for inspection at all reasonable
hours by authorized public health officials. Such permit shall
be returned to the employee upon termination of employment. Initial permits, including limited duty permits, shall be
valid for two years from the date of issuance. Subsequent
renewal permits shall be valid for three years from the date of
issuance, except an employee may be granted a renewal permit that is valid for five years from the date of issuance if the
employee demonstrates that he or she has obtained additional
food safety training prior to renewal of the permit. Rules
establishing minimum training requirements must be adopted
by the state board of health and developed by the department
of health in conjunction with local health jurisdictions and
representatives of the food service industry. [1998 c 136 § 1;
1987 c 223 § 5; 1957 c 197 § 1.]
Effective date—1998 c 136 § 1: "Section 1 of this act takes effect July
1, 1999." [1998 c 136 § 6.]
69.06.020
69.06.020 Permit exclusive and valid throughout
state—Fee. The permit provided in RCW 69.06.010 or
69.06.070 shall be valid in every city, town and county in the
state, for the period for which it is issued, and no other health
certificate shall be required of such employees by any municipal corporation or political subdivision of the state. The cost
of the permit shall be uniform throughout the state and shall
be in that amount set by the state board of health. The cost of
the permit shall reflect actual costs of food worker training
and education, administration of the program, and testing of
applicants. The state board of health shall periodically review
the costs associated with the permit program and adjust the
fee accordingly. The board shall also ensure that the fee is not
set at an amount that would prohibit low-income persons
from obtaining permits. [1998 c 136 § 3; 1987 c 223 § 6;
1957 c 197 § 2.]
69.06.030
69.06.030 Diseased persons—May not work—
Employer may not hire. It shall be unlawful for any person
afflicted with any contagious or infectious disease that may
be transmitted by food or beverage to work in or about any
(2004 Ed.)
Washington Food Processing Act
place where unwrapped or unpackaged food and/or beverage
products are prepared or sold, or offered for sale for human
consumption and it shall be unlawful for any person knowingly to employ a person so afflicted. Nothing in this section
eliminates any authority or requirement to control or suppress
communicable diseases pursuant to chapter 70.05 RCW and
RCW 43.20.050(2)(e). [1998 c 136 § 4; 1957 c 197 § 3.]
69.06.040
69.06.040 Application of chapter to retail food establishments. This chapter shall apply to any retail establishment engaged in the business of food handling or food service. [1987 c 223 § 7; 1957 c 197 § 4.]
69.06.045
69.06.045 Application of chapter to temporary food
service establishments. As used in this section, "temporary
food service establishment" means a food service establishment operating at a fixed location for a period of time of not
more than twenty-one consecutive days in conjunction with a
single event or celebration. This chapter applies to temporary
food service establishments with the following exceptions:
(1) Only the operator or person in charge of a temporary
food service establishment shall be required to secure a food
and beverage service workers' permit; and
(2) The operator or person in charge of a temporary food
service establishment shall secure a valid food and beverage
service workers' permit before commencing the food handling operation. [1987 c 223 § 8.]
69.07.060
69.07.065
69.07.070
69.07.080
69.07.085
69.07.095
69.07.100
69.07.103
69.07.110
69.07.120
69.07.135
69.07.140
69.07.150
69.07.160
69.07.170
69.07.180
69.07.190
69.07.900
69.07.910
69.07.920
69.07.010
Denial, suspension or revocation of license—Grounds.
Suspension of license summarily—Reinstatement.
Rules and regulations, hearings subject to Administrative Procedure Act.
Inspections by department—Access—When.
Sanitary certificates—Fee.
Authority of director and personnel.
Establishments exempted from provisions of chapter.
Chickens—Slaughter, preparation, sale—One thousand or
fewer—Special, temporary permit—Rules—Fee.
Enforcement of chapter.
Disposition of money into food processing inspection account.
Unlawful to sell or distribute food from unlicensed processor.
Violations—Warning notice.
Violations—Penalties.
Authority of director and department under chapter 69.04
RCW not impaired by any provision of chapter 69.07 RCW.
Definitions.
Bottled water labeling standards.
Bottled soft drinks, soda, or seltzer exempt from bottled water
labeling requirements.
Chapter is cumulative and nonexclusive.
Severability—1967 ex.s. c 121.
Short title.
69.07.005
69.07.005 Legislative declaration. The processing of
food intended for public consumption is important and vital
to the health and welfare both immediate and future and is
hereby declared to be a business affected with the public
interest. The provisions of this chapter [1991 c 137] are
enacted to safeguard the consuming public from unsafe, adulterated, or misbranded food by requiring licensing of all food
processing plants as defined in this chapter and setting forth
the requirements for such licensing. [1991 c 137 § 1.]
69.06.050
69.06.050 Permit to be secured within fourteen days
from time of employment. Individuals under this chapter
must obtain a food and beverage service workers' permit
within fourteen days from commencement of employment.
Individuals under this chapter may work for up to fourteen
calendar days without a food and beverage service workers'
permit, provided that they receive information or training
regarding safe food handling practices from the employer
prior to commencement of employment. Documentation that
the information or training has been provided to the individual must be kept on file by the employer. [1998 c 136 § 5;
1957 c 197 § 5.]
69.06.060
69.06.060 Penalty. Any violation of the provisions of
this chapter shall be a misdemeanor. [1957 c 197 § 6.]
69.06.070
69.06.070 Limited duty permit. The local health
officer may issue a limited duty permit when necessary to
reasonably accommodate a person with a disability. The limited duty permit must specify the activities that the permit
holder may perform, and must include only activities having
low public health risk. [1998 c 136 § 2.]
Chapter 69.07 RCW
WASHINGTON FOOD PROCESSING ACT
Chapter 69.07
Sections
69.07.005
69.07.010
69.07.020
69.07.040
69.07.050
(2004 Ed.)
Legislative declaration.
Definitions.
Enforcement—Rules—Adoption—Contents—Standards.
Food processing license—Waiver if licensed under chapter
15.36 RCW—Expiration date—Application, contents—Fee.
Renewal of license—Additional fee, when.
69.07.010
69.07.010 Definitions. For the purposes of this chapter:
(1) "Department" means the department of agriculture of
the state of Washington;
(2) "Director" means the director of the department;
(3) "Food" means any substance used for food or drink
by any person, including ice, bottled water, and any ingredient used for components of any such substance regardless of
the quantity of such component;
(4) "Sale" means selling, offering for sale, holding for
sale, preparing for sale, trading, bartering, offering a gift as
an inducement for sale of, and advertising for sale in any
media;
(5) "Food processing" means the handling or processing
of any food in any manner in preparation for sale for human
consumption: PROVIDED, That it shall not include fresh
fruit or vegetables merely washed or trimmed while being
prepared or packaged for sale in their natural state;
(6) "Food processing plant" includes but is not limited to
any premises, plant, establishment, building, room, area,
facilities and the appurtenances thereto, in whole or in part,
where food is prepared, handled or processed in any manner
for distribution or sale for resale by retail outlets, restaurants,
and any such other facility selling or distributing to the ultimate consumer: PROVIDED, That, as set forth herein, establishments processing foods in any manner for resale shall be
considered a food processing plant as to such processing;
(7) "Food service establishment" shall mean any fixed or
mobile restaurant, coffee shop, cafeteria, short order cafe,
luncheonette, grill, tearoom, sandwich shop, soda fountain,
tavern, bar, cocktail lounge, night club, roadside stand, industrial-feeding establishment, retail grocery, retail food market,
retail meat market, retail bakery, private, public, or nonprofit
[Title 69 RCW—page 21]
69.07.020
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
organization routinely serving food, catering kitchen, commissary or similar place in which food or drink is prepared
for sale or for service on the premises or elsewhere, and any
other eating or drinking establishment or operation where
food is served or provided for the public with or without
charge.
For the purpose of this chapter any custom cannery or
processing plant where raw food products, food, or food
products are processed for the owner thereof, or the food processing facilities are made available to the owners or persons
in control of raw food products or food or food products for
processing in any manner, shall be considered to be food processing plants;
(8) "Person" means an individual, partnership, corporation, or association. [1992 c 34 § 3; 1991 c 137 § 2; 1967
ex.s. c 121 § 1.]
Severability—1992 c 34: See note following RCW 69.07.170.
69.07.020
69.07.020 Enforcement—Rules—Adoption—Contents—Standards. (1) The department shall enforce and
carry out the provisions of this chapter, and may adopt the
necessary rules to carry out its purposes.
(2) Such rules may include:
(a) Standards for temperature controls in the storage of
foods, so as to provide proper refrigeration.
(b) Standards for temperatures at which low acid foods
must be processed and the length of time such temperatures
must be applied and at what pressure in the processing of
such low acid foods.
(c) Standards and types of recording devices that must be
used in providing records of the processing of low acid foods,
and how they shall be made available to the department of
agriculture for inspection.
(d) Requirements for the keeping of records of the temperatures, times and pressures at which foods were processed, or for the temperatures at which refrigerated products
were stored by the licensee and the furnishing of such records
to the department.
(e) Standards that must be used to establish the temperature and purity of water used in the processing of foods.
[1969 c 68 § 1; 1967 ex.s. c 121 § 2.]
69.07.040
69.07.040 Food processing license—Waiver if
licensed under chapter 15.36 RCW—Expiration date—
Application, contents—Fee. It shall be unlawful for any
person to operate a food processing plant or process foods in
the state without first having obtained an annual license from
the department, which shall expire on a date set by rule by the
director. License fees shall be prorated where necessary to
accommodate staggering of expiration dates. Application for
a license shall be on a form prescribed by the director and
accompanied by the license fee. The license fee is determined
by computing the gross annual sales for the accounting year
immediately preceding the license year. If the license is for a
new operator, the license fee shall be based on an estimated
gross annual sales for the initial license period.
If gross annual sales are:
$0 to $50,000
$50,001 to $500,000
$500,001 to $1,000,000
[Title 69 RCW—page 22]
The license fee is:
$55.00
$110.00
$220.00
$1,000,001 to $5,000,000
$5,000,001 to $10,000,000
Greater than $10,000,000
$385.00
$550.00
$825.00
Such application shall include the full name of the applicant
for the license and the location of the food processing plant
he or she intends to operate. If such applicant is an individual,
receiver, trustee, firm, partnership, association or corporation, the full name of each member of the firm or partnership,
or names of the officers of the association or corporation shall
be given on the application. Such application shall further
state the principal business address of the applicant in the
state and elsewhere and the name of a person domiciled in
this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant. The application shall also specify the type of food to be processed and
the method or nature of processing operation or preservation
of that food and any other necessary information. Upon the
approval of the application by the director and compliance
with the provisions of this chapter, including the applicable
regulations adopted hereunder by the department, the applicant shall be issued a license or renewal thereof.
Licenses shall be issued to cover only those products,
processes, and operations specified in the license application
and approved for licensing. Wherever a license holder wishes
to engage in processing a type of food product that is different than the type specified on the application supporting the
licensee's existing license and processing that type of food
product would require a major addition to or modification of
the licensee's processing facilities or has a high potential for
harm, the licensee shall submit an amendment to the current
license application. In such a case, the licensee may engage in
processing the new type of food product only after the
amendment has been approved by the department.
If upon investigation by the director, it is determined that
a person is processing food for retail sale and is not under permit, license, or inspection by a local health authority, then
that person may be considered a food processor and subject to
the provisions of this chapter. The director may waive the
licensure requirements of this chapter for a person's operations at a facility if the person has obtained a milk processing
plant license under chapter 15.36 RCW to conduct the same
or a similar operation at the facility. [1995 c 374 § 21. Prior:
1993 sp.s. c 19 § 11; 1993 c 212 § 2; 1992 c 160 § 3; 1991 c
137 § 3; 1988 c 5 § 1; 1969 c 68 § 2; 1967 ex.s. c 121 § 4.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
69.07.050
69.07.050 Renewal of license—Additional fee, when.
If the application for renewal of any license provided for
under this chapter is not filed prior to the expiration date as
established by rule by the director, an additional fee of ten
percent of the cost of the license shall be assessed and added
to the original fee and shall be paid by the applicant before
the renewal license shall be issued: PROVIDED, That such
additional fee shall not be charged if the applicant furnishes
an affidavit certifying that he or she has not operated a food
processing plant or processed foods subsequent to the expiration of his or her license. [1992 c 160 § 4; 1991 c 137 § 4;
1988 c 5 § 2; 1967 ex.s. c 121 § 5.]
(2004 Ed.)
Washington Food Processing Act
69.07.060
69.07.060 Denial, suspension or revocation of
license—Grounds. The director may, subsequent to a hearing thereon, deny, suspend or revoke any license provided for
in this chapter if he determines that an applicant has committed any of the following acts:
(1) Refused, neglected or failed to comply with the provisions of this chapter, the rules and regulations adopted
hereunder, or any lawful order of the director.
(2) Refused, neglected or failed to keep and maintain
records required by this chapter, or to make such records
available when requested pursuant to the provisions of this
chapter.
(3) Refused the department access to any portion or area
of the food processing plant for the purpose of carrying out
the provisions of this chapter.
(4) Refused the department access to any records
required to be kept under the provisions of this chapter.
(5) Refused, neglected, or failed to comply with any provisions of chapter 69.04 RCW, Washington Food, Drug, and
Cosmetic Act, or any regulations adopted thereunder.
The provisions of this section requiring that a hearing be
conducted before an action may be taken against a license do
not apply to an action taken under RCW 69.07.065. [1991 c
137 § 5; 1979 c 154 § 19; 1967 ex.s. c 121 § 6.]
Severability—1979 c 154: See note following RCW 15.49.330.
69.07.103
the provisions of this chapter or rules and regulations adopted
hereunder. Such inspection shall, when possible, be made
during regular business hours or during any working shift of
said food processing plant. The department may, however,
inspect such food processing plant at any time when it has
received information that an emergency affecting the public
health has arisen and such food processing plant is or may be
involved in the matters causing such emergency. [1969 c 68
§ 3; 1967 ex.s. c 121 § 8.]
69.07.085 Sanitary certificates—Fee. The department
may issue sanitary certificates to food processors under this
chapter subject to such requirements as it may establish by
rule. The fee for issuance shall be fifty dollars per certificate.
Fees collected under this section shall be deposited in the
agricultural local fund. [1995 c 374 § 23; 1988 c 254 § 9.]
69.07.085
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
69.07.095 Authority of director and personnel. The
director or the director's deputies, assistants, and inspectors
are authorized to do all acts and things necessary to carry out
the provisions of this chapter, including the taking of verified
statements. The department personnel are empowered to
administer oaths of verification on the statement. [1991 c
137 § 7.]
69.07.095
69.07.065
69.07.065 Suspension of license summarily—Reinstatement. (1) Whenever the director finds an establishment
operating under conditions that constitute an immediate danger to public health or whenever the licensee or any employee
of the licensee actively prevents the director or the director's
representative, during an onsite inspection, from determining
whether such a condition exists, the director may summarily
suspend, pending a hearing, a license provided for in this
chapter.
(2) Whenever a license is summarily suspended, the
holder of the license shall be notified in writing that the
license is, upon service of the notice, immediately suspended
and that prompt opportunity for a hearing will be provided.
(3) Whenever a license is summarily suspended, food
processing operations shall immediately cease. However, the
director may reinstate the license when the condition that
caused the suspension has been abated to the director's satisfaction. [1991 c 137 § 6.]
69.07.070
69.07.070 Rules and regulations, hearings subject to
Administrative Procedure Act. The adoption of any rules
and regulations under the provisions of this chapter, or the
holding of a hearing in regard to a license issued or which
may be issued under the provisions of this chapter shall be
subject to the applicable provisions of chapter 34.05 RCW,
the Administrative Procedure Act, as enacted or hereafter
amended. [1967 ex.s. c 121 § 7.]
69.07.080
69.07.080 Inspections by department—Access—
When. For purpose of determining whether the rules
adopted pursuant to RCW 69.07.020, as now or hereafter
amended are complied with, the department shall have access
for inspection purposes to any part, portion or area of a food
processing plant, and any records required to be kept under
(2004 Ed.)
69.07.100 Establishments exempted from provisions
of chapter. The provisions of this chapter shall not apply to
establishments issued a permit or licensed under the provisions of:
(1) Chapter 69.25 RCW, the Washington wholesome
eggs and egg products act;
(2) Chapter 69.28 RCW, the Washington state honey act;
(3) Chapter 16.49 RCW, the Meat inspection act;
(4) Chapter 77.65 RCW, relating to the direct retail
endorsement for wild-caught seafood;
(5) Title 66 RCW, relating to alcoholic beverage control;
and
(6) Chapter 69.30 RCW, the Sanitary control of shellfish
act. However, if any such establishments process foods not
specifically provided for in the above entitled acts, such
establishments shall be subject to the provisions of this chapter.
The provisions of this chapter shall not apply to restaurants or food service establishments. [2002 c 301 § 10; 1995
c 374 § 22; 1988 c 5 § 4; 1983 c 3 § 168; 1967 ex.s. c 121 §
10.]
69.07.100
Finding—Effective date—2002 c 301: See notes following RCW
77.65.510.
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
69.07.103
69.07.103 Chickens—Slaughter, preparation, sale—
One thousand or fewer—Special, temporary permit—
Rules—Fee. (1) A special, temporary permit issued by the
department under this section is required for the slaughter
and preparation of one thousand or fewer pastured chickens
in a calendar year by the agricultural producer of the chickens
for the sale of whole raw chickens by the producer directly to
the ultimate consumer at the producer's farm, and for such
[Title 69 RCW—page 23]
69.07.110
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
sale. Such activities shall not be conducted without the permit. However, if the activities are conducted under such a
permit, the activities are exempted from any other licensing
requirements of this chapter.
(2)(a) The department must adopt by rule requirements
for a special, temporary permit for the activities described in
subsection (1) of this section. The requirements must be generally patterned after those established by WAC 246-215-190
as it exists on July 27, 2003, for temporary food service
establishments, but must be tailored specifically to these
slaughter, preparation, and sale activities. The requirements
must include, but are not limited to, those for: Cooling procedures, when applicable; sanitary facilities, equipment, and
utensils; clean water; washing and other hygienic practices;
and waste and wastewater disposal.
(b) The rules must also identify the length of time such a
permit is valid. In determining the length of time, the department must take care to ensure that it is adequate to accommodate the seasonal nature of the permitted activities. In adopting any rule under this section, the department must also
carefully consider the economic constraints on the regulated
activity.
(3) The department shall conduct such inspections of the
activities permitted under this section as are reasonably necessary to ensure compliance with permit requirements.
(4) The fee for a special permit issued under this section
is seventy-five dollars.
(5) For the purposes of this section, "chicken" means the
species Gallus domesticus. [2003 c 397 § 2.]
69.07.110
69.07.110 Enforcement of chapter. The department
may use all the civil remedies provided for in chapter 69.04
RCW (The Uniform Washington Food, Drug, and Cosmetic
Act) in carrying out and enforcing the provisions of this chapter. [1967 ex.s. c 121 § 11.]
69.07.120
69.07.120 Disposition of money into food processing
inspection account. All moneys received by the department
under the provisions of this chapter shall be paid into the food
processing inspection account hereby created within the agricultural local fund established in RCW 43.23.230 and shall
be used solely to carry out the provisions of this chapter and
chapter 69.04 RCW. [1992 c 160 § 5; 1967 ex.s. c 121 § 12.]
69.07.135
69.07.135 Unlawful to sell or distribute food from
unlicensed processor. It shall be unlawful to resell, to offer
for resale, or to distribute for resale in intrastate commerce
any food processed in a food processing plant, which has not
obtained a license, as provided for in this chapter, once notification by the director has been given to the person or persons reselling, offering, or distributing food for resale, that
said food is from an unlicensed processing operation. [1991
c 137 § 8.]
69.07.140
69.07.140 Violations—Warning notice. Nothing in
this chapter shall be construed as requiring the department to
report for prosecution violations of this chapter when it
believes that the public interest will best be served by a suitable notice of warning in writing. [1967 ex.s. c 121 § 14.]
[Title 69 RCW—page 24]
69.07.150
69.07.150 Violations—Penalties. (1)(a) Except as provided in (b) of this subsection, any person violating any provision of this chapter or any rule or regulation adopted hereunder is guilty of a misdemeanor.
(b) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense.
(2) Whenever the director finds that a person has committed a violation of any of the provisions of this chapter, and
that violation has not been punished pursuant to subsection
(1) of this section, the director may impose upon and collect
from the violator a civil penalty not exceeding one thousand
dollars per violation per day. Each violation shall be a separate and distinct offense. [2003 c 53 § 316; 1991 c 137 § 9;
1967 ex.s. c 121 § 15.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.07.160
69.07.160 Authority of director and department
under chapter 69.04 RCW not impaired by any provision
of chapter 69.07 RCW. The authority granted to the director
and to the department under the provisions of the Uniform
Washington Food, Drug, and Cosmetic Act (chapter 69.04
RCW), as now or hereafter amended, shall not be deemed to
be reduced or otherwise impaired as a result of any provision
or provisions of the Washington Food Processing Act (chapter 69.07 RCW). [1969 c 68 § 4.]
69.07.170
69.07.170 Definitions. As used in RCW 69.07.180 and
69.07.190:
(1) "Artesian water" means bottled water from a well
tapping a confined aquifer in which the water level stands
above the water table. "Artesian water" shall meet the
requirements of "natural water."
(2) "Bottled water" means water that is placed in a sealed
container or package and is offered for sale for human consumption or other consumer uses.
(3) "Carbonated water" or "sparkling water" means bottled water containing carbon dioxide.
(4) "Department" means the department of agriculture.
(5) "Distilled water" means bottled water that has been
produced by a process of distillation and meets the definition
of purified water in the most recent edition of the United
States Pharmacopeia.
(6) "Drinking water" means bottled water obtained from
an approved source that has at minimum undergone treatment
consisting of filtration, activated carbon or particulate, and
ozonization or an equivalent disinfection process, or that
meets the requirements of the federal safe drinking water act
of 1974 as amended and complies with all department of
health rules regarding drinking water.
(7) "Mineral water" means bottled water that contains
not less than five hundred parts per million total dissolved
solids. "Natural mineral water" shall meet the requirements
of "natural water."
(8) "Natural water" means bottled spring, mineral, artesian, or well water that is derived from an underground formation and may be derived from a public water system as
defined in RCW 70.119A.020 only if that supply has a single
source such as an actual spring, artesian well, or pumped
well, and has not undergone any treatment that changes its
(2004 Ed.)
Food Storage Warehouses
original chemical makeup except ozonization or an equivalent disinfection process.
(9) "Plant operator" means a person who owns or operates a bottled water plant.
(10) "Purified water" means bottled water produced by
distillation, deionization, reverse osmosis, or other suitable
process and that meets the definition of purified water in the
most recent edition of the United States Pharmacopeia. Water
that meets this definition and is vaporized, then condensed,
may be labeled "distilled water."
(11) "Spring water" means water derived from an underground formation from which water flows naturally to the
surface of the earth. "Spring water" shall meet the requirements of "natural water."
(12) "Water dealer" means a person who imports bottled
water or causes bulk water to be transported for bottling for
human consumption or other consumer uses.
(13) "Well water" means water from a hole bored,
drilled, or otherwise constructed in the ground that taps the
water of an aquifer. "Well water" shall meet the requirements
of "natural water." [1992 c 34 § 1.]
Severability—1992 c 34: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1992 c 34 § 9.]
69.10.005
product types defined in RCW 69.07.170, except where otherwise specifically prohibited.
(11) Supplemental printed information and graphics may
appear on the label but shall not imply properties of the product or preparation methods that are not factual. [1992 c 34 §
6.]
Severability—1992 c 34: See note following RCW 69.07.170.
69.07.190
69.07.190 Bottled soft drinks, soda, or seltzer exempt
from bottled water labeling requirements. Bottled soft
drinks, soda, or seltzer products commonly recognized as soft
drinks and identified on the product identity panel with a
common or usual name other than one of those specified in
RCW 69.07.170 are exempt from the requirements of RCW
69.07.180. Water that is not in compliance with the requirements of RCW 69.07.180 may not be identified, labeled, or
advertised as "artesian water," "bottled water," "distilled
water," "natural water," "purified water," "spring water," or
"well water." [1992 c 34 § 7.]
Severability—1992 c 34: See note following RCW 69.07.170.
69.07.900
69.07.900 Chapter is cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy. [1967 ex.s. c
121 § 16.]
69.07.180
69.07.180 Bottled water labeling standards. All bottled water must conform to applicable federal and state labeling laws and be labeled in compliance with the following
standards:
(1) Mineral water may be labeled "mineral water." Bottled water to which minerals are added shall be labeled so as
to disclose that minerals are added, and may not be labeled
"natural mineral water."
(2) Spring water may be labeled "spring water" or "natural spring water."
(3) Water containing carbon dioxide that emerges from
the source and is bottled directly with its entrapped gas or
from which the gas is mechanically separated and later reintroduced at a level not higher than naturally occurring in the
water may bear on its label the words "naturally carbonated"
or "naturally sparkling."
(4) Bottled water that contains carbon dioxide other than
that naturally occurring in the source of the product shall be
labeled with the words "carbonated," "carbonation added," or
"sparkling" if the carbonation is obtained from a natural or
manufactured source.
(5) Well water may be labeled "well water" or "natural
well water."
(6) Artesian water may be labeled "artesian water" or
"natural artesian water."
(7) Purified water may be labeled "purified water" and
the method of preparation shall be stated on the label, except
that purified water produced by distillation may be labeled as
"distilled water."
(8) Drinking water may be labeled "drinking water."
(9) The use of the word "spring," or any derivative of
"spring" other than in a trademark, trade name, or company
name, to describe water that is not spring water is prohibited.
(10) A product meeting more than one of the definitions
in RCW 69.07.170 may be identified by any of the applicable
(2004 Ed.)
69.07.910
69.07.910 Severability—1967 ex.s. c 121. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1967 ex.s. c 121 § 17.]
69.07.920
69.07.920 Short title. This chapter shall be known and
designated as the Washington food processing act. [1967
ex.s. c 121 § 18.]
Chapter 69.10
Chapter 69.10 RCW
FOOD STORAGE WAREHOUSES
Sections
69.10.005
69.10.010
69.10.015
69.10.020
69.10.025
69.10.030
69.10.035
69.10.040
69.10.045
69.10.050
69.10.055
69.10.060
69.10.900
Definitions.
Inspection of food storage warehouses—Powers of director.
Annual license required—Director's duties—Fee—Application—Renewal.
Exemption from licensure—Independent inspection—Report
to department.
Application for renewal of license after expiration date—
Additional fee.
Director may deny, suspend, or revoke license—Actions by
applicant—Hearing required.
Immediate danger to public health—Summarily suspending
license—Written notification—Hearing—Reinstatement of
license.
Unlicensed food storage warehouse—Unlawful to sell, offer
for sale, or distribute in intrastate commerce.
Disposition of moneys received under this chapter.
Civil remedies—Restrictions on civil penalties—Fee limitations for inspections and analyses.
Rules.
Director and deputies, assistants, and inspectors authorized to
act—May take verified statements.
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68.
69.10.005
69.10.005 Definitions. For the purpose of this chapter:
[Title 69 RCW—page 25]
69.10.010
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(1) "Food storage warehouse" means any premises,
establishment, building, room area, facility, or place, in
whole or in part, where food is stored, kept, or held for
wholesale distribution to other wholesalers or to retail outlets,
restaurants, and any such other facility selling or distributing
to the ultimate consumer. Food storage warehouses include,
but are not limited to, facilities where food is kept or held
refrigerated or frozen and include facilities where food is
stored to the account of another firm and/or is owned by the
food storage warehouse. "Food storage warehouse" does not
include grain elevators or fruit and vegetable storage and
packing houses that store, pack, and ship fresh fruit and vegetables even though they may use refrigerated or controlled
atmosphere storage practices in their operation. However,
this chapter applies to multiple food storage operations that
also distribute or ripen fruits and vegetables.
(2) "Department" means the Washington department of
agriculture.
(3) "Director" means the director of the Washington
department of agriculture.
(4) "Food" means the same as defined in RCW
69.04.008.
(5) "Independent sanitation consultant" means an individual, partnership, cooperative, or corporation that by reason of education, certification, and experience has satisfactorily demonstrated expertise in food and dairy sanitation and is
approved by the director to advise on such areas including,
but not limited to: Principles of cleaning and sanitizing food
processing plants and equipment; rodent, insect, bird, and
other pest control; principals [principles] of hazard analysis
critical control point; basic food product labeling; principles
of proper food storage and protection; proper personnel work
practices and attire; sanitary design, construction, and installation of food plant facilities, equipment, and utensils; and
other pertinent food safety issues. [1995 c 374 § 8.]
69.10.010
69.10.010 Inspection of food storage warehouses—
Powers of director. The director or his or her representative
may inspect food storage warehouses for compliance with the
provisions of chapter 69.04 RCW and the rules adopted under
chapter 69.04 RCW as deemed necessary by the director.
Any food storage warehouse found to not be in substantial
compliance with chapter 69.04 RCW and the rules adopted
under chapter 69.04 RCW will be reinspected as deemed necessary by the director to determine compliance. This does not
preclude the director from using any other remedies as provided under chapter 69.04 RCW to gain compliance or to
embargo products as provided under RCW 69.04.110 to protect the public from adulterated foods. [1995 c 374 § 9.]
69.10.015
69.10.015 Annual license required—Director's
duties—Fee—Application—Renewal. Except as provided
in this section and RCW 69.10.020, it shall be unlawful for
any person to operate a food storage warehouse in the state
without first having obtained an annual license from the
department, which shall expire on a date set by rule by the
director. Application for a license or license renewal shall be
on a form prescribed by the director and accompanied by the
license fee. The license fee is fifty dollars.
[Title 69 RCW—page 26]
For a food storage warehouse that has been inspected on
at least an annual basis for compliance with the provisions of
the current good manufacturing practices (Title 21 C.F.R.
part 110) by a federal agency or by a state agency acting on
behalf of and under contract with a federal agency and that is
not exempted from licensure by RCW 69.10.020, the annual
license fee for the warehouse is twenty-five dollars.
The application shall include the full name of the applicant for the license and the location of the food storage warehouse he or she intends to operate. If such applicant is an
individual, receiver, trustee, firm, partnership, association, or
corporation, the full name of each member of the firm or partnership, or names of the officers of the association or corporation must be given on the application. The application shall
further state the principal business address of the applicant in
the state and elsewhere and the name of a person domiciled in
this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant. Upon the
approval of the application by the director and compliance
with the provisions of this chapter, including the applicable
regulations adopted under this chapter by the department, the
applicant shall be issued a license or renewal thereof. The
director shall waive licensure under this chapter for firms that
are licensed under the provisions of chapter 69.07 or 15.36
RCW. [1995 c 374 § 10.]
69.10.020
69.10.020 Exemption from licensure—Independent
inspection—Report to department. A food storage warehouse that is inspected for compliance with the current good
manufacturing practices (Title 21 C.F.R. part 110) on at least
an annual basis by an independent sanitation consultant
approved by the department shall be exempted from licensure
under this chapter.
A report identifying the inspector and the inspecting
entity, the date of the inspection, and any violations noted on
such inspection shall be forwarded to the department by the
food storage warehouse within sixty days of the completion
of the inspection. An inspection shall be conducted and an
inspection report for a food storage warehouse shall be filed
with the department at least once every twelve months or the
warehouse shall be licensed under this chapter and inspected
by the department for a period of two years. [1995 c 374 §
11.]
69.10.025
69.10.025 Application for renewal of license after
expiration date—Additional fee. If the application for
renewal of any license provided for under this chapter is not
filed prior to the expiration date as established by rule by the
director, an additional fee of ten percent of the cost of the
license shall be assessed and added to the original fee and
must be paid by the applicant before the renewal license is
issued. [1995 c 374 § 12.]
69.10.030
69.10.030 Director may deny, suspend, or revoke
license—Actions by applicant—Hearing required. The
director may, subsequent to a hearing thereon, deny, suspend,
or revoke any license provided for in this chapter if he or she
determines that an applicant has committed any of the following acts:
(2004 Ed.)
Washington Wholesome Eggs and Egg Products Act
(1) Refused, neglected, or failed to comply with the provisions of this chapter, the rules adopted under this chapter,
or any lawful order of the director;
(2) Refused, neglected, or failed to keep and maintain
records required by this chapter, or to make such records
available if requested pursuant to the provisions of this chapter;
(3) Refused the department access to any portion or area
of the food storage warehouse for the purpose of carrying out
the provisions of this chapter;
(4) Refused the department access to any records
required to be kept under the provisions of this chapter;
(5) Refused, neglected, or failed to comply with any provisions of chapter 69.04 RCW, Washington food, drug, and
cosmetic act, or any rules adopted under chapter 69.04 RCW.
The provisions of this section requiring that a hearing be
conducted before an action may be taken against a license do
not apply to an action taken under RCW 69.10.035. [1995 c
374 § 13.]
69.10.035
69.10.035 Immediate danger to public health—Summarily suspending license—Written notification—Hearing—Reinstatement of license. (1) Whenever the director
finds a food storage warehouse operating under conditions
that constitute an immediate danger to public health or whenever the licensee or any employee of the licensee actively
prevents the director or the director's representative, during
an on-site inspection, from determining whether such a condition exists, the director may summarily suspend, pending a
hearing, a license provided for in this chapter.
(2) Whenever a license is summarily suspended, the
holder of the license shall be notified in writing that the
license is, upon service of the notice, immediately suspended
and that prompt opportunity for a hearing will be provided.
(3) Whenever a license is summarily suspended, food
distribution operations shall immediately cease. However,
the director may reinstate the license if the condition that
caused the suspension has been abated to the director's satisfaction. [1995 c 374 § 14.]
Chapter 69.25
69.10.050 Civil remedies—Restrictions on civil penalties—Fee limitations for inspections and analyses. (1)
Except as provided in subsection (2) of this section, the
department may use all the civil remedies provided under
chapter 69.04 RCW in carrying out and enforcing the provisions of this chapter.
(2) Civil penalties are intended to be used to obtain compliance and shall not be collected if a warehouse successfully
completes a mutually agreed upon compliance agreement
with the department. A warehouse that enters into a compliance agreement with the department shall pay only for
inspections conducted by the department and any laboratory
analyses as required by the inspections as outlined and agreed
to in the compliance agreement. In no event shall the fee for
these inspections and analyses exceed four hundred dollars
per inspection or one thousand dollars in total. [1995 c 374 §
17.]
69.10.050
69.10.055 Rules. (1) The department shall enforce and
carry out the provisions of this chapter and may adopt the
necessary rules to carry out its purpose.
(2) The adoption of rules under the provisions of this
chapter are subject to the applicable provisions of chapter
34.05 RCW, the administrative procedure act. [1995 c 374 §
18.]
69.10.055
69.10.060 Director and deputies, assistants, and
inspectors authorized to act—May take verified statements. The director or director's deputies, assistants, and
inspectors are authorized to do all acts and things necessary
to carry out the provisions of this chapter, including the taking of verified statements. The department personnel are
empowered to administer oaths of verification on the statement. [1995 c 374 § 19.]
69.10.060
69.10.900 Effective date—1995 c 374 §§ 1-47, 50-53,
and 59-68. See note following RCW 15.36.012.
69.10.900
Chapter 69.25 RCW
WASHINGTON WHOLESOME EGGS AND
EGG PRODUCTS ACT
Chapter 69.25
69.10.040
69.10.040 Unlicensed food storage warehouse—
Unlawful to sell, offer for sale, or distribute in intrastate
commerce. It is unlawful to sell, offer for sale, or distribute
in intrastate commerce food from or stored in a food storage
warehouse that is required to be licensed under this chapter
but that has not obtained a license, once notification by the
director has been given to the persons selling, offering, or distributing food for sale, that the food is in or from such an unlicensed food storage warehouse. [1995 c 374 § 15.]
Sections
69.25.010
69.25.020
69.25.030
69.25.040
69.25.050
69.25.060
69.25.070
69.25.080
69.10.045
69.10.045 Disposition of moneys received under this
chapter. All moneys received by the department under provisions of this chapter, except moneys collected for civil penalties levied under this chapter, shall be paid into an account
created in the agricultural local fund established in RCW
43.23.230 and shall be used solely to carry out provisions of
this chapter and chapter 69.04 RCW. All moneys collected
for civil penalties levied under this chapter shall be deposited
in the state general fund. [1995 c 374 § 16.]
(2004 Ed.)
69.25.090
69.25.100
69.25.110
69.25.120
69.25.130
Legislative finding.
Definitions.
Purpose—Certain federal rules adopted by reference—Hearing, notice by director—Adoption of rules by director.
Application of administrative procedure act.
Egg handler's or dealer's license and number—Branch
license—Application, fee, posting required, procedure.
Egg handler's or dealer's license—Late renewal fee.
Egg handler's or dealer's license—Denial, suspension, revocation, or conditional issuance.
Continuous inspection at processing plants—Exemptions—
Condemnation and destruction of adulterated eggs and egg
products—Reprocessing—Appeal—Inspections of egg handlers.
Sanitary operation of official plants—Inspection refused if
requirements not met.
Egg products—Pasteurization—Labeling requirements—
False or misleading labels or containers—Director may
order use of withheld—Hearing, determination, and appeal.
Prohibited acts and practices.
Director to cooperate with other agencies—May conduct
examinations.
Eggs or egg products not intended for use as human food—
Identification or denaturing required.
[Title 69 RCW—page 27]
69.25.010
69.25.140
69.25.150
69.25.155
69.25.160
69.25.170
69.25.180
69.25.190
69.25.200
69.25.210
69.25.220
69.25.230
69.25.240
69.25.250
69.25.260
69.25.270
69.25.280
69.25.290
69.25.300
69.25.310
69.25.320
69.25.900
69.25.910
69.25.920
69.25.930
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
Records required, access to and copying of.
Penalties—Liability of employer—Defense.
Interference with person performing official duties.
Notice of violation—May take place of prosecution.
Exemptions permitted by rule of director.
Limiting entry of eggs and egg products into official plants.
Embargo of eggs or egg products in violation of this chapter—
Time limit—Removal of official marks.
Embargo—Petition for court order affirming—Removal of
embargo or destruction or correction and release—Court
costs, fees, administrative expenses—Bond may be required.
Embargo—Order affirming not required, when.
Embargo—Consolidation of petitions.
Embargo—Sampling of article.
Condemnation—Recovery of damages restricted.
Assessment—Rate, applicability, time of payment—
Reports—Contents, frequency.
Assessment—Prepayment by purchase of egg seals—Permit
for printing seal on containers or labels.
Assessment—Monthly payment—Audit—Failure to pay, penalty.
Assessment—Use of proceeds.
Assessment—Exclusions.
Transfer of moneys in state egg account.
Containers—Marking required—Obliteration of previous
markings required for reuse—Temporary use of another handler's or dealer's permanent number—Penalty.
Records required, additional—Sales to retailer or food service—Exception—Defense to charged violation—Sale of
eggs deteriorated due to storage time—Requirements for
storage, display, or transportation.
Savings.
Chapter is cumulative and nonexclusive.
Severability—1975 1st ex.s. c 201.
Short title.
69.25.010
69.25.010 Legislative finding. Eggs and egg products
are an important source of the state's total supply of food, and
are used in food in various forms. They are consumed
throughout the state and the major portion thereof moves in
intrastate commerce. It is essential, in the public interest, that
the health and welfare of consumers be protected by the
adoption of measures prescribed herein for assuring that eggs
and egg products distributed to them and used in products
consumed by them are wholesome, otherwise not adulterated,
and properly labeled and packaged. Lack of effective regulation for the handling or disposition of unwholesome, otherwise adulterated, or improperly labeled or packaged egg
products and certain qualities of eggs is injurious to the public welfare and destroys markets for wholesome, unadulterated, and properly labeled and packaged eggs and egg products and results in sundry losses to producers and processors,
as well as injury to consumers. Unwholesome, otherwise
adulterated, or improperly labeled or packaged products can
be sold at lower prices and compete unfairly with the wholesome, unadulterated, and properly labeled and packaged
products, to the detriment of consumers and the public generally. It is hereby found that all egg products and the qualities
of eggs which are regulated under this chapter are either in
intrastate commerce, or substantially affect such commerce,
and that regulation by the director, as contemplated by this
chapter, is appropriate to protect the health and welfare of
consumers. [1975 1st ex.s. c 201 § 2.]
69.25.020
69.25.020 Definitions. When used in this chapter the
following terms shall have the indicated meanings, unless the
context otherwise requires:
(1) "Department" means the department of agriculture of
the state of Washington.
[Title 69 RCW—page 28]
(2) "Director" means the director of the department or
his duly authorized representative.
(3) "Person" means any natural person, firm, partnership,
exchange, association, trustee, receiver, corporation, and any
member, officer, or employee thereof, or assignee for the
benefit of creditors.
(4) "Adulterated" applies to any egg or egg product
under one or more of the following circumstances:
(a) If it bears or contains any poisonous or deleterious
substance which may render it injurious to health; but in case
the substance is not an added substance, such article shall not
be considered adulterated under this clause if the quantity of
such substance in or on such article does not ordinarily render
it injurious to health;
(b) If it bears or contains any added poisonous or added
deleterious substance (other than one which is: (i) A pesticide chemical in or on a raw agricultural commodity; (ii) a
food additive; or (iii) a color additive) which may, in the
judgment of the director, make such article unfit for human
food;
(c) If it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide
chemical which is unsafe within the meaning of RCW
69.04.392, as enacted or hereafter amended;
(d) If it bears or contains any food additive which is
unsafe within the meaning of RCW 69.04.394, as enacted or
hereafter amended;
(e) If it bears or contains any color additive which is
unsafe within the meaning of RCW 69.04.396, as enacted or
hereafter amended: PROVIDED, That an article which is not
otherwise deemed adulterated under subsection (4)(c), (d), or
(e) of this section shall nevertheless be deemed adulterated if
use of the pesticide chemical, food additive, or color additive,
in or on such article, is prohibited by regulations of the director in official plants;
(f) If it consists in whole or in part of any filthy, putrid,
or decomposed substance, or if it is otherwise unfit for human
food;
(g) If it consists in whole or in part of any damaged egg
or eggs to the extent that the egg meat or white is leaking, or
it has been contacted by egg meat or white leaking from other
eggs;
(h) If it has been prepared, packaged, or held under
insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
(i) If it is an egg which has been subjected to incubation
or the product of any egg which has been subjected to incubation;
(j) If its container is composed, in whole or in part, of
any poisonous or deleterious substance which may render the
contents injurious to health;
(k) If it has been intentionally subjected to radiation,
unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to RCW 69.04.394; or
(l) If any valuable constituent has been in whole or in
part omitted or abstracted therefrom; or if any substance has
been substituted, wholly or in part therefor; or if damage or
inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith
(2004 Ed.)
Washington Wholesome Eggs and Egg Products Act
so as to increase its bulk or weight, or reduce its quality or
strength, or make it appear better or of greater value than it is.
(5) "Capable of use as human food" shall apply to any
egg or egg product unless it is denatured, or otherwise identified, as required by regulations prescribed by the director, to
deter its use as human food.
(6) "Intrastate commerce" means any eggs or egg products in intrastate commerce, whether such eggs or egg products are intended for sale, held for sale, offered for sale, sold,
stored, transported, or handled in this state in any manner and
prepared for eventual distribution in this state, whether at
wholesale or retail.
(7) "Container" or "package" includes any box, can, tin,
plastic, or other receptacle, wrapper, or cover.
(8) "Immediate container" means any consumer package, or any other container in which egg products, not consumer-packaged, are packed.
(9) "Shipping container" means any container used in
packaging a product packed in an immediate container.
(10) "Egg handler" or "dealer" means any person who
produces, contracts for or obtains possession or control of
any eggs for the purpose of sale to another dealer or retailer,
or for processing and sale to a dealer, retailer or consumer:
PROVIDED, That for the purpose of this chapter, "sell" or
"sale" includes the following: Offer for sale, expose for sale,
have in possession for sale, exchange, barter, trade, or as an
inducement for the sale of another product.
(11) "Egg product" means any dried, frozen, or liquid
eggs, with or without added ingredients, excepting products
which contain eggs only in a relatively small proportion, or
historically have not been, in the judgment of the director,
considered by consumers as products of the egg food industry, and which may be exempted by the director under such
conditions as he may prescribe to assure that the egg ingredients are not adulterated and such products are not represented
as egg products.
(12) "Egg" means the shell egg of the domesticated
chicken, turkey, duck, goose, or guinea, or any other specie
of fowl.
(13) "Check" means an egg that has a broken shell or
crack in the shell but has its shell membranes intact and contents not leaking.
(14) "Clean and sound shell egg" means any egg whose
shell is free of adhering dirt or foreign material and is not
cracked or broken.
(15) "Dirty egg" means an egg that has a shell that is
unbroken and has adhering dirt or foreign material.
(16) "Incubator reject" means an egg that has been subjected to incubation and has been removed from incubation
during the hatching operations as infertile or otherwise
unhatchable.
(17) "Inedible" means eggs of the following descriptions: Black rots, yellow rots, white rots, mixed rots (addled
eggs), sour eggs, eggs with green whites, eggs with stuck
yolks, moldy eggs, musty eggs, eggs showing blood rings,
and eggs containing embryo chicks (at or beyond the blood
ring stage).
(18) "Leaker" means an egg that has a crack or break in
the shell and shell membranes to the extent that the egg contents are exposed or are exuding or free to exude through the
shell.
(2004 Ed.)
69.25.020
(19) "Loss" means an egg that is unfit for human food
because it is smashed or broken so that its contents are leaking; or overheated, frozen, or contaminated; or an incubator
reject; or because it contains a bloody white, large meat spots,
a large quantity of blood, or other foreign material.
(20) "Restricted egg" means any check, dirty egg, incubator reject, inedible, leaker, or loss.
(21) "Inspection" means the application of such inspection methods and techniques as are deemed necessary by the
director to carry out the provisions of this chapter.
(22) "Inspector" means any employee or official of the
department authorized to inspect eggs or egg products under
the authority of this chapter.
(23) "Misbranded" shall apply to egg products which are
not labeled and packaged in accordance with the requirements prescribed by regulations of the director under RCW
69.25.100.
(24) "Official certificate" means any certificate prescribed by regulations of the director for issuance by an
inspector or other person performing official functions under
this chapter.
(25) "Official device" means any device prescribed or
authorized by the director for use in applying any official
mark.
(26) "Official inspection legend" means any symbol prescribed by regulations of the director showing that egg products were inspected in accordance with this chapter.
(27) "Official mark" means the official inspection legend
or any other symbol prescribed by regulations of the director
to identify the status of any article under this chapter.
(28) "Official plant" means any plant which is licensed
under the provisions of this chapter, at which inspection of
the processing of egg products is maintained by the United
States department of agriculture or by the state under cooperative agreements with the United States department of agriculture or by the state.
(29) "Official standards" means the standards of quality,
grades, and weight classes for eggs, adopted under the provisions of this chapter.
(30) "Pasteurize" means the subjecting of each particle
of egg products to heat or other treatments to destroy harmful, viable micro-organisms by such processes as may be prescribed by regulations of the director.
(31) "Pesticide chemical", "food additive", "color additive", and "raw agricultural commodity" shall have the same
meaning for purposes of this chapter as prescribed in chapter
69.04 RCW.
(32) "Plant" means any place of business where egg
products are processed.
(33) "Processing" means manufacturing egg products,
including breaking eggs or filtering, mixing, blending, pasteurizing, stabilizing, cooling, freezing, drying, or packaging
egg products.
(34) "Retailer" means any person in intrastate commerce
who sells eggs to a consumer.
(35) "At retail" means any transaction in intrastate commerce between a retailer and a consumer.
(36) "Consumer" means any person who purchases eggs
for his or her own family use or consumption; or any restaurant, hotel, boarding house, bakery, or other institution or
[Title 69 RCW—page 29]
69.25.030
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
concern which purchases eggs for serving to guests or
patrons thereof, or for its own use in cooking or baking.
(37) "Candling" means the examination of the interior of
eggs by the use of transmitted light used in a partially dark
room or place.
(38) "Master license system" means the mechanism
established by chapter 19.02 RCW by which master licenses,
endorsed for individual state-issued licenses, are issued and
renewed utilizing a master application and a master license
expiration date common to each renewable license endorsement.
(39) "Ambient temperature" means the atmospheric temperature surrounding or encircling shell eggs. [1995 c 374 §
25; 1982 c 182 § 42; 1975 1st ex.s. c 201 § 3.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Severability—1982 c 182: See RCW 19.02.901.
69.25.030
69.25.030 Purpose—Certain federal rules adopted
by reference—Hearing, notice by director—Adoption of
rules by director. The purpose of this chapter is to promote
uniformity of state legislation and regulations with the federal egg products inspection act, 21 U.S.C. sec. 1031, et seq.,
and regulations adopted thereunder. In accord with such
declared purpose, any regulations adopted under the federal
egg products inspection act relating to eggs and egg products,
as defined in RCW 69.25.020 (11) and (12), in effect on July
1, 1975, are hereby deemed to have been adopted under the
provisions hereof. Further, to promote such uniformity, any
regulations adopted hereafter under the provisions of the federal egg products inspection act relating to eggs and egg
products, as defined in RCW 69.25.020 (11) and (12), and
published in the federal register, shall be deemed to have
been adopted under the provisions of this chapter in accord
with chapter 34.05 RCW, as now or hereafter amended. The
director may, however, within thirty days of the publication
of the adoption of any such regulation under the federal egg
products inspection act, give public notice that a hearing will
be held to determine if such regulations shall not be applicable under the provisions of this chapter. Such hearing shall be
in accord with the requirements of chapter 34.05 RCW, as
now or hereafter amended.
The director, in addition to the foregoing, may adopt any
rule and regulation necessary to carry out the purpose and
provisions of this chapter. [1975 1st ex.s. c 201 § 4.]
expire on the master license expiration date. Application for
an egg dealer license or egg dealer branch license, shall be
made through the master license system. The annual egg
dealer license fee shall be thirty dollars and the annual egg
dealer branch license fee shall be fifteen dollars. A copy of
the master license shall be posted at each location where such
licensee operates. Such application shall include the full
name of the applicant for the license and the location of each
facility he intends to operate. If such applicant is an individual, receiver, trustee, firm, partnership, association or corporation, the full name of each member of the firm or partnership or the names of the officers of the association or corporation shall be given on the application. Such application
shall further state the principal business address of the applicant in the state and elsewhere and the name of a person
domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant
and any other necessary information prescribed by the director. Upon the approval of the application and compliance
with the provisions of this chapter, including the applicable
regulations adopted hereunder by the department, the applicant shall be issued a license or renewal thereof. Such license
and permanent egg handler or dealer's number shall be nontransferable. [1995 c 374 § 26; 1982 c 182 § 43; 1975 1st
ex.s. c 201 § 6.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Severability—1982 c 182: See RCW 19.02.901.
Master license—Expiration date: RCW 19.02.090.
Master license system
definition: RCW 69.25.020(38).
existing licenses or permits registered under, when: RCW 19.02.810.
to include additional licenses: RCW 19.02.110.
69.25.060
69.25.060 Egg handler's or dealer's license—Late
renewal fee. If the application for the renewal of an egg handler's or dealer's license is not filed before the master license
expiration date, the master license delinquency fee shall be
assessed under chapter 19.02 RCW and shall be paid by the
applicant before the renewal license shall be issued. [1982 c
182 § 44; 1975 1st ex.s. c 201 § 7.]
Severability—1982 c 182: See RCW 19.02.901.
Master license
delinquency fee—Rate—Disposition: RCW 19.02.085.
expiration date: RCW 19.02.090.
system—Existing licenses or permits registered under, when: RCW
19.02.810.
69.25.040
69.25.040 Application of administrative procedure
act. The adoption, amendment, modification, or revocation
of any rules or regulations under the provisions of this chapter, or the holding of a hearing in regard to a license issued or
which may be issued or denied under the provisions of this
chapter, shall be subject to the applicable provisions of chapter 34.05 RCW, the administrative procedure act, as now or
hereafter amended. [1975 1st ex.s. c 201 § 5.]
69.25.050
69.25.050 Egg handler's or dealer's license and number—Branch license—Application, fee, posting required,
procedure. No person shall act as an egg handler or dealer
without first obtaining an annual license and permanent
dealer's number from the department; such license shall
[Title 69 RCW—page 30]
69.25.070
69.25.070 Egg handler's or dealer's license—Denial,
suspension, revocation, or conditional issuance. The
department may deny, suspend, revoke, or issue a license or a
conditional license if it determines that an applicant or licensee has committed any of the following acts:
(1) That the applicant or licensee is violating or has violated any of the provisions of this chapter or rules and regulations adopted thereunder.
(2) That the application contains any materially false or
misleading statement or involves any misrepresentation by
any officer, agent, or employee of the applicant.
(3) That the applicant or licensee has concealed or withheld any facts regarding any violation of this chapter by any
(2004 Ed.)
Washington Wholesome Eggs and Egg Products Act
officer, agent, or employee of the applicant or licensee.
[1975 1st ex.s. c 201 § 8.]
69.25.080
69.25.080 Continuous inspection at processing
plants—Exemptions—Condemnation and destruction of
adulterated eggs and egg products—Reprocessing—
Appeal—Inspections of egg handlers. (1) For the purpose
of preventing the entry into or movement in intrastate commerce of any egg product which is capable of use as human
food and is misbranded or adulterated, the director shall,
whenever processing operations are being conducted, unless
under inspection by the United States department of agriculture, cause continuous inspection to be made, in accordance
with the regulations promulgated under this chapter, of the
processing of egg products, in each plant processing egg
products for commerce, unless exempted under RCW
69.25.170. Without restricting the application of the preceding sentence to other kinds of establishments within its provisions, any food manufacturing establishment, institution, or
restaurant which uses any eggs that do not meet the requirements of RCW 69.25.170(1)(a) in the preparation of any articles for human food, shall be deemed to be a plant processing
egg products, with respect to such operations.
(2) The director, at any time, shall cause such retention,
segregation, and reinspection as he deems necessary of eggs
and egg products capable of use as human food in each official plant.
(3) Eggs and egg products found to be adulterated at official plants shall be condemned, and if no appeal be taken
from such determination or condemnation, such articles shall
be destroyed for human food purposes under the supervision
of an inspector: PROVIDED, That articles which may by
reprocessing be made not adulterated need not be condemned
and destroyed if so reprocessed under the supervision of an
inspector and thereafter found to be not adulterated. If an
appeal be taken from such determination, the eggs or egg
products shall be appropriately marked and segregated pending completion of an appeal inspection, which appeal shall be
at the cost of the appellant if the director determines that the
appeal is frivolous. If the determination of condemnation is
sustained, the eggs or egg products shall be destroyed for
human food purposes under the supervision of an inspector.
(4) The director shall cause such other inspections to be
made of the business premises, facilities, inventory, operations, and records of egg handlers, and the records and inventory of other persons required to keep records under RCW
69.25.140, as he deems appropriate (and in the case of shell
egg packers, packing eggs for the ultimate consumer, at least
once each calendar quarter) to assure that only eggs fit for
human food are used for such purpose, and otherwise to
assure compliance by egg handlers and other persons with the
requirements of RCW 69.25.140, except that the director
shall cause such inspections to be made as he deems appropriate to assure compliance with such requirements at food
manufacturing establishments, institutions, and restaurants,
other than plants processing egg products. Representatives of
the director shall be afforded access to all such places of business for purposes of making the inspections provided for in
this chapter. [1975 1st ex.s. c 201 § 9.]
(2004 Ed.)
69.25.110
69.25.090
69.25.090 Sanitary operation of official plants—
Inspection refused if requirements not met. (1) The operator of each official plant shall operate such plant in accordance with such sanitary practices and shall have such premises, facilities, and equipment as are required by regulations
promulgated by the director to effectuate the purposes of this
chapter, including requirements for segregation and disposition of restricted eggs.
(2) The director shall refuse to render inspection to any
plant whose premises, facilities, or equipment, or the operation thereof, fail to meet the requirements of this section.
[1975 1st ex.s. c 201 § 10.]
69.25.100
69.25.100 Egg products—Pasteurization—Labeling
requirements—False or misleading labels or containers—
Director may order use of withheld—Hearing, determination, and appeal. (1) Egg products inspected at any official plant under the authority of this chapter and found to be
not adulterated shall be pasteurized before they leave the official plant, except as otherwise permitted by regulations of the
director, and shall at the time they leave the official plant,
bear in distinctly legible form on their shipping containers or
immediate containers, or both, when required by regulations
of the director, the official inspection legend and official
plant number, of the plant where the products were processed, and such other information as the director may
require by regulations to describe the products adequately
and to assure that they will not have false or misleading labeling.
(2) No labeling or container shall be used for egg products at official plants if it is false or misleading or has not
been approved as required by the regulations of the director.
If the director has reason to believe that any labeling or the
size or form of any container in use or proposed for use with
respect to egg products at any official plant is false or misleading in any particular, he may direct that such use be withheld unless the labeling or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the labeling or
container does not accept the determination of the director,
such person may request a hearing, but the use of the labeling
or container shall, if the director so directs, be withheld pending hearing and final determination by the director. Any such
determination by the director shall be conclusive unless,
within thirty days after receipt of notice of such final determination, the person adversely affected thereby appeals to the
superior court in the county in which such person has its principal place of business. [1975 1st ex.s. c 201 § 11.]
69.25.110
69.25.110 Prohibited acts and practices. (1) No person shall buy, sell, or transport, or offer to buy or sell, or offer
or receive for transportation, in any business in intrastate
commerce any restricted eggs, capable of use as human food,
except as authorized by regulations of the director under such
conditions as he may prescribe to assure that only eggs fit for
human food are used for such purpose.
(2) No egg handler shall possess with intent to use, or
use, any restricted eggs in the preparation of human food for
intrastate commerce except that such eggs may be so possessed and used when authorized by regulations of the direc[Title 69 RCW—page 31]
69.25.120
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
tor under such conditions as he may prescribe to assure that
only eggs fit for human food are used for such purpose.
(3) No person shall process any egg products for intrastate commerce at any plant except in compliance with the
requirements of this chapter.
(4) No person shall buy, sell, or transport, or offer to buy
or sell, or offer or receive for transportation, in intrastate
commerce any egg products required to be inspected under
this chapter unless they have been so inspected and are
labeled and packaged in accordance with the requirements of
RCW 69.25.100.
(5) No operator of any official plant shall allow any egg
products to be moved from such plant if they are adulterated
or misbranded and capable of use as human food.
(6) No person shall:
(a) Manufacture, cast, print, lithograph, or otherwise
make any device containing any official mark or simulation
thereof, or any label bearing any such mark or simulation, or
any form of official certificate or simulation thereof, except
as authorized by the director;
(b) Forge or alter any official device, mark, or certificate;
(c) Without authorization from the director, use any official device, mark, or certificate, or simulation thereof, or
detach, deface, or destroy any official device or mark; or use
any labeling or container ordered to be withheld from use
under RCW 69.25.100 after final judicial affirmance of such
order or expiration of the time for appeal if no appeal is taken
under said section;
(d) Contrary to the regulations prescribed by the director,
fail to use, or to detach, deface, or destroy any official device,
mark, or certificate;
(e) Knowingly possess, without promptly notifying the
director or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label, or any eggs or egg products
bearing any counterfeit, simulated, forged, or improperly
altered official mark;
(f) Knowingly make any false statement in any shipper's
certificate or other nonofficial or official certificate provided
for in the regulations prescribed by the director;
(g) Knowingly represent that any article has been
inspected or exempted, under this chapter when in fact it has
not been so inspected or exempted; and
(h) Refuse access, at any reasonable time, to any representative of the director, to any plant or other place of business subject to inspection under any provisions of this chapter.
(7) No person, while an official or employee of the state
or local governmental agency, or thereafter, shall use to his
own advantage, or reveal other than to the authorized representatives of the United States government or the state in
their official capacity, or as ordered by a court in a judicial
proceeding, any information acquired under the authority of
this chapter concerning any matter which the originator or
relator of such information claims to be entitled to protection
as a trade secret. [1975 1st ex.s. c 201 § 12.]
69.25.120 Director to cooperate with other agencies—May conduct examinations. The director shall,
whenever he determines that it would effectuate the purposes
of this chapter, cooperate with any state, federal or other gov69.25.120
[Title 69 RCW—page 32]
ernmental agencies in carrying out any provisions of this
chapter. In carrying out the provisions of this chapter, the
director may conduct such examinations, investigations, and
inspections as he determines practicable through any officer
or employee of any such agency commissioned by him for
such purpose. [1975 1st ex.s. c 201 § 13.]
69.25.130
69.25.130 Eggs or egg products not intended for use
as human food—Identification or denaturing required.
Inspection shall not be provided under this chapter at any
plant for the processing of any egg products which are not
intended for use as human food, but such articles, prior to
their offer for sale or transportation in intrastate commerce,
shall be denatured or identified as prescribed by regulations
of the director to deter their use for human food. No person
shall buy, sell, or transport or offer to buy or sell, or offer or
receive for transportation, in intrastate commerce, any
restricted eggs or egg products which are not intended for use
as human food unless they are denatured or identified as
required by the regulations of the director. [1975 1st ex.s. c
201 § 14.]
69.25.140
69.25.140 Records required, access to and copying of.
For the purpose of enforcing the provisions of this chapter
and the regulations promulgated thereunder, all persons
engaged in the business of transporting, shipping, or receiving any eggs or egg products in intrastate commerce or in
interstate commerce, or holding such articles so received, and
all egg handlers, shall maintain such records showing, for
such time and in such form and manner, as the director may
prescribe, to the extent that they are concerned therewith, the
receipt, delivery, sale, movement, and disposition of all eggs
and egg products handled by them, and shall, upon the
request of the director, permit him at reasonable times to have
access to and to copy all such records. [1975 1st ex.s. c 201
§ 15.]
69.25.150
69.25.150 Penalties—Liability of employer—
Defense. (1)(a) Except as provided in (b) of this subsection,
any person violating any provision of this chapter or any rule
adopted under this chapter is guilty of a misdemeanor.
(b) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense.
(2) Whenever the director finds that a person has committed a violation of any of the provisions of this chapter, and
that violation has not been punished pursuant to subsection
(1) of this section, the director may impose upon and collect
from the violator a civil penalty not exceeding one thousand
dollars per violation per day. Each violation shall be a separate and distinct offense.
(3) When construing or enforcing the provisions of RCW
69.25.110, the act, omission, or failure of any person acting
for or employed by any individual, partnership, corporation,
or association within the scope of the person's employment or
office shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation, or association, as well as of such person.
(4) No carrier or warehouseman shall be subject to the
penalties of this chapter, other than the penalties for violation
(2004 Ed.)
Washington Wholesome Eggs and Egg Products Act
of RCW 69.25.140, or 69.25.155, by reason of his or her
receipt, carriage, holding, or delivery, in the usual course of
business, as a carrier or warehouseman of eggs or egg products owned by another person unless the carrier or warehouseman has knowledge, or is in possession of facts which
would cause a reasonable person to believe that such eggs or
egg products were not eligible for transportation under, or
were otherwise in violation of, this chapter, or unless the carrier or warehouseman refuses to furnish on request of a representative of the director the name and address of the person
from whom he or she received such eggs or egg products and
copies of all documents, if there be any, pertaining to the
delivery of the eggs or egg products to, or by, such carrier or
warehouseman. [2003 c 53 § 317; 1995 c 374 § 27; 1992 c 7
§ 47; 1975 1st ex.s. c 201 § 16.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
69.25.155
69.25.155 Interference with person performing official duties. (1) Notwithstanding any other provision of law,
any person who forcibly assaults, resists, impedes, intimidates, or interferes with any person while engaged in or on
account of the performance of his or her official duties under
this chapter is guilty of a class C felony and shall be punished
by a fine of not more than five thousand dollars or imprisonment in a state correctional facility for not more than three
years, or both.
(2) Whoever, in the commission of any act described in
subsection (1) of this section, uses a deadly or dangerous
weapon is guilty of a class B felony and shall be punished by
a fine of not more than ten thousand dollars or by imprisonment in a state correctional facility for not more than ten
years, or both. [2003 c 53 § 318.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.25.160
69.25.160 Notice of violation—May take place of
prosecution. Before any violation of this chapter, other than
RCW 69.25.155, is reported by the director to any prosecuting attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be
given reasonable notice of the alleged violation and opportunity to present his or her views orally or in writing with
regard to such contemplated proceeding. Nothing in this
chapter shall be construed as requiring the director to report
for criminal prosecution violation of this chapter whenever
he or she believes that the public interest will be adequately
served and compliance with this chapter obtained by a suitable written notice of warning. [2003 c 53 § 319; 1975 1st
ex.s. c 201 § 17.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.25.170
69.25.170 Exemptions permitted by rule of director.
(1) The director may, by regulation and under such conditions and procedures as he may prescribe, exempt from specific provisions of this chapter:
(a) The sale, transportation, possession, or use of eggs
which contain no more restricted eggs than are allowed by the
(2004 Ed.)
69.25.190
tolerance in the official state standards for consumer grades
for shell eggs;
(b) The processing of egg products at any plant where
the facilities and operating procedures meet such sanitary
standards as may be prescribed by the director, and where the
eggs received or used in the manufacture of egg products
contain no more restricted eggs than are allowed by the official standards of the state consumer grades for shell eggs, and
the egg products processed at such plant;
(c) The sale of eggs by any poultry producer from his
own flocks directly to a household consumer exclusively for
use by such consumer and members of his household and his
nonpaying guests and employees, and the transportation, possession, and use of such eggs in accordance with this subsection;
(d) The sale of eggs by shell egg packers on his own premises directly to household consumers for use by such consumer and members of his household and his nonpaying
guests and employees, and the transportation, possession, and
use of such eggs in accordance with this subsection;
(e) The sale of eggs by any egg producer with an annual
egg production from a flock of three thousand hens or less.
(2) The director may modify or revoke any regulation
granting exemption under this chapter whenever he deems
such action appropriate to effectuate the purposes of this
chapter. [1995 c 374 § 28; 1975 1st ex.s. c 201 § 18.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
69.25.180
69.25.180 Limiting entry of eggs and egg products
into official plants. The director may limit the entry of eggs
and egg products and other materials into official plants
under such conditions as he may prescribe to assure that
allowing the entry of such articles into such plants will be
consistent with the purposes of this chapter. [1975 1st ex.s. c
201 § 19.]
69.25.190
69.25.190 Embargo of eggs or egg products in violation of this chapter—Time limit—Removal of official
marks. Whenever any eggs or egg products subject to this
chapter are found by any authorized representative of the
director upon any premises and there is reason to believe that
they are or have been processed, bought, sold, possessed,
used, transported, or offered or received for sale or transportation in violation of this chapter, or that they are in any other
way in violation of this chapter, or whenever any restricted
eggs capable of use as human food are found by such a representative in the possession of any person not authorized to
acquire such eggs under the regulations of the director, such
articles may be embargoed by such representative for a reasonable period but not to exceed twenty days, pending action
under RCW 69.25.200 or notification of any federal or other
governmental authorities having jurisdiction over such articles, and shall not be moved by any person from the place at
which they are located when so detained until released by
such representative. All official marks may be required by
such representative to be removed from such articles before
they are released unless it appears to the satisfaction of the
director that the articles are eligible to retain such marks.
[1975 1st ex.s. c 201 § 20.]
[Title 69 RCW—page 33]
69.25.200
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
69.25.200
69.25.200 Embargo—Petition for court order affirming—Removal of embargo or destruction or correction
and release—Court costs, fees, administrative expenses—
Bond may be required. When the director has embargoed
any eggs or egg products, he shall petition the superior court
of the county in which the eggs or egg products are located
for an order affirming such embargo. Such court shall have
jurisdiction for cause shown and after a prompt hearing to
any claimant of eggs or egg products, shall issue an order
which directs the removal of such embargo or the destruction
or correction and release of such eggs and egg products. An
order for destruction or the correction and release of such
eggs and egg products shall contain such provision for the
payment of pertinent court costs and fees and administrative
expenses as is equitable and which the court deems appropriate in the circumstances. An order for correction and release
may contain such provisions for a bond as the court finds
indicated in the circumstance. [1975 1st ex.s. c 201 § 21.]
69.25.210
69.25.210 Embargo—Order affirming not required,
when. The director need not petition the superior court as
provided for in RCW 69.25.200 if the owner or claimant of
such eggs or egg products agrees in writing to the disposition
of such eggs or egg products as the director may order. [1975
1st ex.s. c 201 § 22.]
director may, by regulations, require egg container manufacturers to report on a monthly basis all egg containers sold to
any egg handler or dealer and bearing such egg handler or
dealer's permanent number. [1995 c 374 § 29; 1993 sp.s. c 19
§ 12; 1975 1st ex.s. c 201 § 26.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
69.25.260
69.25.260 Assessment—Prepayment by purchase of
egg seals—Permit for printing seal on containers or
labels. Any egg handler or dealer may prepay the assessment
provided for in RCW 69.25.250 by purchasing Washington
state egg seals from the director to be placed on egg containers showing that the proper assessment has been paid. Any
carton manufacturer or printer may apply to the director for a
permit to place reasonable facsimiles of the Washington state
egg seals to be imprinted on egg containers or on the identification labels which show egg grade and size and the name of
the egg handler or dealer. The director shall, from time to
time, prescribe rules and regulations governing the affixing
of seals and he is authorized to cancel any such permit issued
pursuant to this chapter, whenever he finds that a violation of
the terms under which the permit has been granted has been
violated. [1979 ex.s. c 238 § 10; 1975 1st ex.s. c 201 § 27.]
Severability—1979 ex.s. c 238: See note following RCW 15.44.010.
69.25.220
69.25.220 Embargo—Consolidation of petitions.
Two or more petitions under RCW 69.25.200 which pend at
the same time and which present the same issue and claimant
hereunder may be consolidated for simultaneous determination by one court of competent jurisdiction, upon application
to any court of jurisdiction by the director or claimant. [1975
1st ex.s. c 201 § 23.]
69.25.230
69.25.230 Embargo—Sampling of article. The claimant in any proceeding by petition under RCW 69.25.200 shall
be entitled to receive a representative sample of the article
subject to such proceedings upon application to the court of
competent jurisdiction made at any time after such petition
and prior to the hearing thereon. [1975 1st ex.s. c 201 § 24.]
69.25.240
69.25.240 Condemnation—Recovery of damages
restricted. No state court shall allow the recovery of damages for administrative action for condemnation under the
provisions of this chapter, if the court finds that there was
probable cause for such action. [1975 1st ex.s. c 201 § 25.]
69.25.250
69.25.250 Assessment—Rate, applicability, time of
payment—Reports—Contents, frequency. There is
hereby levied an assessment not to exceed three mills per
dozen eggs entering intrastate commerce, as prescribed by
rules and regulations issued by the director. Such assessment
shall be applicable to all eggs entering intrastate commerce
except as provided in RCW 69.25.170 and 69.25.290. Such
assessment shall be paid to the director on a monthly basis on
or before the tenth day following the month such eggs enter
intrastate commerce. The director may require reports by egg
handlers or dealers along with the payment of the assessment
fee. Such reports may include any and all pertinent information necessary to carry out the purposes of this chapter. The
[Title 69 RCW—page 34]
69.25.270
69.25.270 Assessment—Monthly payment—Audit—
Failure to pay, penalty. Every egg handler or dealer who
pays assessments required under the provisions of this chapter on a monthly basis in lieu of seals shall be subject to audit
by the director at such frequency as is deemed necessary by
the director. The cost to the director for performing such
audit shall be chargeable to and payable by the egg handler or
dealer subject to audit. Failure to pay assessments when due
or refusal to pay for audit costs may be cause for a summary
suspension of an egg handler's or dealer's license and a
charge of one percent per month, or fraction thereof shall be
added to the sum due the director, for each remittance not
received by the director when due. The conditions and
charges applicable to egg handlers and dealers set forth
herein shall also be applicable to payments due the director
for facsimiles of seals placed on egg containers. [1987 c 393
§ 16; 1975 1st ex.s. c 201 § 28.]
69.25.280
69.25.280 Assessment—Use of proceeds. The proceeds from assessment fees paid to the director shall be
retained for the inspection of eggs and carrying out the provisions of this chapter relating to eggs. [1975 1st ex.s. c 201 §
29.]
69.25.290
69.25.290 Assessment—Exclusions. The assessments
provided in this chapter shall not apply to:
(1) Sale and shipment to points outside of this state;
(2) Sale to the United States government and its instrumentalities;
(3) Sale to breaking plants for processing into egg products;
(4) Sale between egg dealers. [1975 1st ex.s. c 201 § 30.]
(2004 Ed.)
Honey
69.25.300
69.25.300 Transfer of moneys in state egg account.
All moneys in the state egg account, created by *RCW
69.24.450, at the time of July 1, 1975, shall be transferred to
the director and shall be retained and expended for administering and carrying out the purposes of this chapter. [1975 1st
ex.s. c 201 § 31.]
*Reviser's note: RCW 69.24.450 was repealed by 1975 1st ex.s. c 201
§ 40.
69.25.310
69.25.310 Containers—Marking required—Obliteration of previous markings required for reuse—Temporary use of another handler's or dealer's permanent number—Penalty. (1) All containers used by an egg handler or
dealer to package eggs shall bear the name and address or the
permanent number issued by the director to said egg handler
or dealer. Such permanent number shall be displayed in a size
and location prescribed by the director. It shall be a violation
for any egg handler or dealer to use a container that bears the
permanent number of another egg handler or dealer unless
such number is totally obliterated prior to use. The director
may in addition require the obliteration of any or all markings
that may be on any container which will be used for eggs by
an egg handler or dealer.
(2) Notwithstanding subsection (1) of this section and
following written notice to the director, licensed egg handlers
and dealers may use new containers bearing another handler's
or dealer's permanent number on a temporary basis, in any
event not longer than one year, with the consent of such other
handler or dealer for the purpose of using up existing container stocks. Sale of container stock shall constitute agreement by the parties to use the permanent number. [1995 c
374 § 30; 1975 1st ex.s. c 201 § 32.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Chapter 69.28
on such invoice: PROVIDED FURTHER, That if the retailer
or other purchaser having labeled any such eggs in accordance with the invoice keeps them for such a time after they
are purchased as to cause them to deteriorate to a lower grade
or standard, and sells them under the label of the invoice
grade or standard, he shall be guilty of a violation of this
chapter.
(2) Each retailer and each distributor shall store shell
eggs awaiting sale or display eggs under clean and sanitary
conditions in areas free from rodents and insects. Shell eggs
must be stored up off the floor away from strong odors, pesticides, and cleaners.
(3) After being received at the point of first purchase, all
graded shell eggs packed in containers for the purpose of sale
to consumers shall be held and transported under refrigeration at ambient temperatures no greater than forty-five
degrees Fahrenheit (seven and two-tenths degrees Celsius).
This provision shall apply without limitation to retailers,
institutional users, dealer/wholesalers, food handlers, transportation firms, or any person who handles eggs after the
point of first purchase.
(4) No invoice shall be required on eggs when packed for
sale to the United States department of defense, or a component thereof, if labeled with grades promulgated by the
United States secretary of agriculture. [1995 c 374 § 31;
1975 1st ex.s. c 201 § 33.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
69.25.900
69.25.900 Savings. The enactment of this chapter shall
not have the effect of terminating or in any way modifying
any liability, civil or criminal, which shall already be in existence on July 1, 1975. [1975 1st ex.s. c 201 § 35.]
69.25.910
69.25.320
69.25.320 Records required, additional—Sales to
retailer or food service—Exception—Defense to charged
violation—Sale of eggs deteriorated due to storage time—
Requirements for storage, display, or transportation. (1)
In addition to any other records required to be kept and furnished the director under the provisions of this chapter, the
director may require any person who sells to any retailer, or
to any restaurant, hotel, boarding house, bakery, or any institution or concern which purchases eggs for serving to guests
or patrons thereof or for its use in preparation of any food
product for human consumption, candled or graded eggs
other than those of his own production sold and delivered on
the premises where produced, to furnish that retailer or other
purchaser with an invoice covering each such sale, showing
the exact grade or quality, and the size or weight of the eggs
sold, according to the standards prescribed by the director,
together with the name and address of the person by whom
the eggs were sold. The person selling and the retailer or
other purchaser shall keep a copy of said invoice on file at his
place of business for a period of thirty days, during which
time the copy shall be available for inspection at all reasonable times by the director: PROVIDED, That no retailer or
other purchaser shall be guilty of a violation of this chapter if
he can establish a guarantee from the person from whom the
eggs were purchased to the effect that they, at the time of purchase, conformed to the information required by the director
(2004 Ed.)
69.25.910 Chapter is cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy at law. [1975
1st ex.s. c 201 § 37.]
69.25.920
69.25.920 Severability—1975 1st ex.s. c 201. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 201 § 38.]
69.25.930
69.25.930 Short title. This act may be known and cited
as the "Washington wholesome eggs and egg products act".
[1975 1st ex.s. c 201 § 39.]
Chapter 69.28
Chapter 69.28 RCW
HONEY
Sections
69.28.020
69.28.025
69.28.030
69.28.040
69.28.050
69.28.060
69.28.070
69.28.080
69.28.090
Enforcement power and duty of director and agents.
Rules and regulations have force of law.
Rules prescribing standards.
Right to enter, inspect, and take samples.
Containers to be labeled.
Requisites of markings.
"Marked" defined—When honey need not be marked.
Purchaser to be advised of standards—Exceptions.
Forgery, simulation, etc., of marks, labels, etc., unlawful.
[Title 69 RCW—page 35]
69.28.020
69.28.095
69.28.100
69.28.110
69.28.120
69.28.130
69.28.133
69.28.135
69.28.140
69.28.170
69.28.180
69.28.185
69.28.190
69.28.200
69.28.210
69.28.220
69.28.230
69.28.240
69.28.250
69.28.260
69.28.270
69.28.280
69.28.290
69.28.300
69.28.310
69.28.320
69.28.330
69.28.340
69.28.350
69.28.360
69.28.370
69.28.380
69.28.390
69.28.400
69.28.410
69.28.420
69.28.430
69.28.440
69.28.450
69.28.900
69.28.910
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
Unlawful mutilation or removal of seals, marks, etc., used by
director.
Marks for "slack-filled" container.
Use of used containers.
Floral source labels.
Adulterated honey—Sale or offer unlawful.
Nonconforming honey—Sale or offer unlawful.
Warning-tagged honey—Movement prohibited.
Possession of unlawful honey as evidence.
Inspectors—Prosecutions.
Violation of rules and regulations unlawful.
Penalty.
"Director" defined.
"Container" defined.
"Subcontainer" defined.
"Section box" defined.
"Clean and sound containers" defined.
"Pack", "packing", or "packed" defined.
"Label" defined.
"Person" defined.
"Slack-filled" defined.
"Deceptive arrangement" defined.
"Mislabeled" defined.
"Placard" defined.
"Honey" defined.
"Comb-honey" defined.
"Extracted honey" defined.
"Crystallized honey" defined.
"Honeydew" defined.
"Foreign material" defined.
"Foreign honey" defined.
"Adulterated honey" defined.
"Serious damage" defined.
Labeling requirements for artificial honey or mixtures containing honey.
Embargo on honey or product—Notice by director—Removal.
Embargo on honey or product—Court order affirming,
required—Order for destruction or correction and release—
Bond.
Consolidation of petitions presenting same issue and claimant.
Sample of honey or product may be obtained—Procedure.
Recovery of damages barred if probable cause for embargo.
Severability—1939 c 199.
Short title.
Bees and apiaries: Chapter 15.60 RCW.
Commission merchants, agricultural products: Title 20 RCW.
69.28.020
69.28.020 Enforcement power and duty of director
and agents. The director is hereby empowered, through his
duly authorized agents, to enforce all provisions of this chapter. The director shall have the power to define, promulgate
and enforce such reasonable regulations as he may deem necessary in carrying out the provisions of this chapter. [1939 c
199 § 29; RRS § 6163-29. FORMER PART OF SECTION:
1939 c 199 § 44 now codified as RCW 69.28.025.]
69.28.025
69.28.025 Rules and regulations have force of law.
Any rules or regulations promulgated and published by the
director under the provisions of this chapter shall have the
force and effect of law. [1939 c 199 § 44; RRS § 6163-44.
Formerly RCW 69.28.020, part.]
69.28.030
69.28.030 Rules prescribing standards. The director
is hereby authorized, and it shall be his duty, upon the taking
effect of this chapter and from time to time thereafter, to
adopt, establish and promulgate reasonable rules and regulations specifying grades or standards of quality governing the
sale of honey: PROVIDED, That, in the interest of uniformity, such grades and standards of quality shall conform as
nearly to those established by the United States department of
agriculture as local conditions will permit. [1939 c 199 § 24;
RRS § 6163-24.]
[Title 69 RCW—page 36]
69.28.040
69.28.040 Right to enter, inspect, and take samples.
The director or any of his duly authorized agents shall have
the power to enter and inspect at reasonable times every
place, vehicle, plant or other place where honey is being produced, stored, packed, transported, exposed, or offered for
sale, and to inspect all such honey and the containers thereof
and to take for inspection such samples of said honey as may
be necessary. [1939 c 199 § 28; RRS § 6163-28.]
69.28.050
69.28.050 Containers to be labeled. It shall be unlawful to deliver for shipment, ship, transport, sell, expose or
offer for sale any containers or subcontainers of honey within
this state unless they shall be conspicuously marked with the
name and address of the producer or distributor, the net
weight of the honey, the grade of the honey, and, if imported
from any foreign country, the name of the country or territory
from which the said honey was imported, or if a blend of
honey, any part of which is foreign honey, the container must
be labeled with the name of the country or territory where
such honey was produced and the proportion of each foreign
honey used in the blend. [1939 c 199 § 32; RRS § 6163-32.]
69.28.060
69.28.060 Requisites of markings. When any markings are used or required to be used under this chapter on any
container of honey to identify the container or describe the
contents thereof, such markings must be plainly and conspicuously marked, stamped, stenciled, printed, labeled or
branded in the English language, in letters large enough to be
discernible by any person, on the front, side or top of any container. [1939 c 199 § 35; RRS § 6163-35.]
69.28.070
69.28.070 "Marked" defined—When honey need not
be marked. The term "marked" shall mean printed in the
English language on the top, front or side of any container
containing honey: PROVIDED, That it shall not be necessary to mark honey sold by the producer thereof to any distributor, packer or manufacturer with the net weight, color or
grade if the honey is to be used in the manufacture of honey
products or is to be graded and packaged by the distributor or
packer for resale. [1939 c 199 § 21; RRS § 6163-21.]
69.28.080
69.28.080 Purchaser to be advised of standards—
Exceptions. It shall be unlawful for any person to deliver,
sell, offer, or expose for sale any honey for human consumption within the state without notifying the person or persons
purchasing or intending to purchase the same, of the exact
grade or quality of such honey, according to the standards
prescribed by the director, by stamping or printing on the
container of any such honey such grade or quality: PROVIDED, This section shall not apply to honey while it is in
transit in intrastate commerce from one establishment to the
other, to be processed, labeled, or repacked. [1961 c 60 § 1;
1957 c 103 § 1; 1949 c 105 § 6; 1939 c 199 § 39; Rem. Supp.
1949 § 6163-39.]
69.28.090
69.28.090 Forgery, simulation, etc., of marks, labels,
etc., unlawful. It shall be unlawful to forge, counterfeit, simulate, falsely represent or alter without proper authority any
mark, stamp, tab, label, seal, sticker or other identification
device provided by this chapter. [1961 c 60 § 2; 1939 c 199
(2004 Ed.)
Honey
§ 40; RRS § 6163-40. FORMER PART OF SECTION: 1939
c 199 § 41 now codified as RCW 69.28.095.]
69.28.095
69.28.095 Unlawful mutilation or removal of seals,
marks, etc., used by director. It shall be unlawful to mutilate, destroy, obliterate, or remove without proper authority,
any mark, stamp, tag, label, seal, sticker or other identification device used by the director under the provisions of this
chapter. [1939 c 199 § 41; RRS § 6163-41. Formerly RCW
69.28.090, part.]
69.28.100 Marks for "slack-filled" container. Any
slack-filled container shall be conspicuously marked "slackfilled". [1939 c 199 § 36; RRS § 6163-36. FORMER PART
OF SECTION: 1939 c 199 § 10 now codified as RCW
69.28.270.]
69.28.100
69.28.110 Use of used containers. It shall be unlawful
to sell, offer, or expose for sale to the consumer any honey in
any second-hand or used containers which formerly contained honey, unless all markings as to grade, name and
weight have been obliterated, removed or erased. [1939 c
199 § 37; RRS § 6163-37.]
69.28.110
69.28.120
69.28.120 Floral source labels. Any honey which is a
blend of two or more floral types of honey shall not be
labeled as a honey product from any one particular floral
source alone. [1939 c 199 § 34; RRS § 6163-34.]
69.28.130
69.28.130 Adulterated honey—Sale or offer unlawful. It shall be unlawful for any person to sell, offer or intend
for sale any adulterated honey as honey. [1939 c 199 § 26;
RRS § 6163-26. FORMER PART OF SECTION: 1939 c
199 §§ 27 and 33 now codified as RCW 69.28.133 and
69.28.135.]
69.28.133 Nonconforming honey—Sale or offer
unlawful. It shall be unlawful for any person to sell, offer or
intend for sale any honey which does not conform to the provisions of this chapter or any regulation promulgated by the
director under this chapter. [1939 c 199 § 27; RRS § 616327. Formerly RCW 69.28.130, part.]
69.28.260
for the counties of the state of violations of this chapter
occurring in their respective counties, and it shall be the duty
of the respective prosecuting attorneys immediately to institute and prosecute proceeding in their respective counties and
to enforce the penalties provided for by this chapter. [1939 c
199 § 43; RRS § 6163-43.]
69.28.180
69.28.180 Violation of rules and regulations unlawful. It shall be unlawful for any person to violate any rule or
regulation promulgated by the director under the provisions
of this chapter. [1939 c 199 § 25; RRS § 6163-25. FORMER
PART OF SECTION: 1939 c 199 § 44 now codified in RCW
69.28.185.]
69.28.185
69.28.185 Penalty. Any person who violates any of the
provisions of this chapter shall be guilty of a misdemeanor,
and upon violation thereof shall be punishable by a fine of not
more than five hundred dollars or imprisonment in the county
jail for a period of not more than six months or by both such
fine and imprisonment. [1939 c 199 § 42; RRS § 6163-42.
Formerly RCW 69.28.180, part.]
69.28.190
69.28.190 "Director" defined. The term "director"
means the director of agriculture of the state of Washington
or his duly authorized representative. [1939 c 199 § 2; RRS
§ 6163-2. Formerly RCW 69.28.010, part.]
69.28.200
69.28.200 "Container" defined. The term "container"
shall mean any box, crate, chest, carton, barrel, keg, bottle,
jar, can or any other receptacle containing honey. [1939 c
199 § 3; RRS § 6163-3.]
69.28.210
69.28.210 "Subcontainer" defined. The term "subcontainer" shall mean any section box or other receptacle
used within a container. [1939 c 199 § 4; RRS § 6163-4.]
69.28.133
69.28.135
69.28.135 Warning-tagged honey—Movement prohibited. It shall be unlawful to move any honey or containers
of honey to which any warning tag or notice has been affixed
except under authority from the director. [1939 c 199 § 33;
RRS § 6163-33. Formerly RCW 69.28.130, part.]
69.28.140
69.28.140 Possession of unlawful honey as evidence.
Possession by any person, of any honey which is sold,
exposed or offered for sale in violation of this chapter shall be
prima facie evidence that the same is kept or shipped to the
said person, in violation of the provisions of this chapter.
[1939 c 199 § 30; RRS § 6163-30.]
69.28.170 Inspectors—Prosecutions. It shall be the
duty of the director to enforce this chapter and to appoint and
employment [employ] such inspectors as may be necessary
therefor. The director shall notify the prosecuting attorneys
69.28.220
69.28.220 "Section box" defined. The term "section
box" shall mean the wood or other frame in which bees have
built a small comb of honey. [1939 c 199 § 5; RRS § 61635.]
69.28.230
69.28.230 "Clean and sound containers" defined.
The term "clean and sound containers" shall mean containers
which are virtually free from rust, stains or leaks. [1939 c
199 § 6; RRS § 6163-6.]
69.28.240
69.28.240 "Pack", "packing", or "packed" defined.
The term "pack", "packing", or "packed" shall mean the
arrangement of all or part of the subcontainers in any container. [1939 c 199 § 7; RRS § 6163-7.]
69.28.250
69.28.250 "Label" defined. The term "label" shall
mean a display of written, printed or graphic matter upon the
immediate container of any article. [1939 c 199 § 8; RRS §
6163-8.]
69.28.170
(2004 Ed.)
69.28.260
69.28.260 "Person" defined. The term "person"
includes individual, partnership, corporation and/or association. [1939 c 199 § 9; RRS § 6163-9.]
[Title 69 RCW—page 37]
69.28.270
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
69.28.270
69.28.270 "Slack-filled" defined. The term "slackfilled" shall mean that the contents of any container occupy
less than ninety-five percent of the volume of the closed container. [1939 c 199 § 10; RRS § 6163-10. Formerly RCW
69.28.100, part.]
69.28.360
69.28.360 "Foreign material" defined. The term "foreign material" means pollen, wax particles, insects, or materials not deposited by bees. [1937 c 199 § 19; RRS § 616319.]
69.28.370
69.28.280
69.28.280 "Deceptive arrangement" defined. The
term "deceptive arrangement" shall mean any lot or load,
arrangement or display of honey which has in any exposed
surface, honey which is so superior in quality, appearance or
condition, or in any other respects, to any of that which is
concealed or unexposed as to materially misrepresent any
part of the lot, load, arrangement or display. [1939 c 199 §
11; RRS § 6163-11.]
69.28.290
69.28.290 "Mislabeled" defined. The term "mislabeled" shall mean the placing or presence of any false or misleading statement, design or device upon, or in connection
with, any container or lot of honey, or upon the label, lining
or wrapper of any such container, or any placard used in connection therewith, and having reference to such honey. A
statement, design or device is false and misleading when the
honey to which it refers does not conform in every respect to
such statement. [1939 c 199 § 12; RRS § 6163-12.]
69.28.300
69.28.300 "Placard" defined. The term "placard"
means any sign, label or designation, other than an oral designation, used with any honey as a description or identification thereof. [1939 c 199 § 13; RRS § 6163-13.]
69.28.310
69.28.310 "Honey" defined. The term "honey" as used
herein is the nectar of floral exudations of plants, gathered
and stored in the comb by honey bees (apis mellifica). It is
laevo-rotatory, contains not more than twenty-five percent of
water, not more than twenty-five one-hundredths of one percent of ash, not more than eight percent of sucrose, its specific gravity is 1.412, its weight not less than eleven pounds
twelve ounces per standard gallon of 231 cubic inches at
sixty-eight degrees Fahrenheit. [1939 c 199 § 14; RRS §
6163-14. Formerly RCW 69.28.010, part.]
69.28.320
69.28.320 "Comb-honey" defined. The term "combhoney" means honey which has not been extracted from the
comb. [1939 c 199 § 15; RRS § 6163-15.]
69.28.330
69.28.330 "Extracted honey" defined. The term
"extracted honey" means honey which has been removed
from the comb. [1939 c 199 § 16; RRS § 6163-16.]
69.28.340
69.28.340 "Crystallized honey" defined. The term
"crystallized honey" means honey which has assumed a solid
form due to the crystallization of one or more of the natural
sugars therein. [1939 c 199 § 17; RRS § 6163-17.]
69.28.350
69.28.350 "Honeydew" defined. The term "honeydew" is the saccharine exudation of plants, other than
nectarous exudations, gathered and stored in the comb by
honey bees (apis mellifica) and is dextrorotatory. [1939 c
199 § 18; RRS § 6163-18. Formerly RCW 69.28.010, part.]
[Title 69 RCW—page 38]
69.28.370 "Foreign honey" defined. The term "foreign honey" means any honey not produced within the continental United States. [1939 c 199 § 20; RRS § 6163-20.]
69.28.380
69.28.380 "Adulterated honey" defined. The term
"adulterated honey" means any honey to which has been
added honeydew, glucose, dextrose, molasses, sugar, sugar
syrup, invert sugar, or any other similar product or products,
other than the nectar of floral exudations of plants gathered
and stored in the comb by honey bees. [1939 c 199 § 22; RRS
§ 6163-22. Formerly RCW 69.28.010, part.]
69.28.390
69.28.390 "Serious damage" defined. The term "serious damage" means any injury or defect that seriously affects
the edibility or shipping quality of the honey. [1939 c 199 §
23; RRS § 6163-23.]
69.28.400
69.28.400 Labeling requirements for artificial honey
or mixtures containing honey. (1) No person shall sell,
keep for sale, expose or offer for sale, any article or product
in imitation or semblance of honey branded exclusively as
"honey", "liquid or extracted honey", "strained honey" or
"pure honey".
(2) No person, firm, association, company or corporation
shall manufacture, sell, expose or offer for sale, any compound or mixture branded or labeled exclusively as honey
which shall be made up of honey mixed with any other substance or ingredient.
(3) Whenever honey is mixed with any other substance
or ingredient and the commodity is to be marketed in imitation or semblance of honey, the product shall be labeled with
the word "artificial" or "imitation" in the same type size and
style as the word "honey";
(4) Whenever any substance or commodity is to be marketed in imitation or semblance of honey, but contains no
honey, the product shall not be branded or labeled with the
word "honey" and/or depict thereon a picture or drawing of a
bee, bee hive, or honeycomb;
(5) Whenever honey is mixed with any other substance
or ingredient and the commodity is to be marketed, there
shall be printed on the package containing such compound or
mixture a statement giving the ingredients of which it is
made; if honey is one of such ingredients it shall be so stated
in the same size type as are the other ingredients; nor shall
such compound or mixture be branded or labeled exclusively
with the word "honey" in any form other than as herein provided; nor shall any product in semblance of honey, whether
a mixture or not, be sold, exposed or offered for sale as
honey, or branded or labeled exclusively with the word
"honey", unless such article is pure honey. [1975 1st ex.s. c
283 § 1.]
69.28.410
69.28.410 Embargo on honey or product—Notice by
director—Removal. Whenever the director shall find, or
shall have probable cause to believe, that any honey or prod(2004 Ed.)
Sanitary Control of Shellfish
uct subject to the provisions of this chapter, as now or hereafter amended, is in intrastate commerce, which was introduced
into such intrastate commerce in violation of the provisions
of this chapter, as now or hereafter amended, he is hereby
authorized to affix to such honey or product a notice placing
an embargo on such honey or product, and prohibiting its sale
in intrastate commerce, and no person shall move or sell such
honey or product without first receiving permission from the
director to move or sell such honey or product. But if, after
such honey or product has been embargoed, the director shall
find that such honey or product does not involve a violation
of this chapter, as now or hereafter amended, such embargo
shall be forthwith removed. [1975 1st ex.s. c 283 § 3.]
69.30.010
stances, shall not be affected thereby. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional, such decisions shall not affect
the validity of the remaining portions of this chapter. The legislature hereby declares that it would have passed this chapter
and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one or more of the
other sections, subsections, sentences, clauses and phrases be
declared unconstitutional. [1939 c 199 § 45; RRS § 616345.]
69.28.910
69.28.910 Short title. This chapter may be known and
cited as the Washington state honey act. [1939 c 199 § 1;
RRS § 6163-1.]
69.28.420
69.28.420 Embargo on honey or product—Court
order affirming, required—Order for destruction or correction and release—Bond. When the director has embargoed any honey or product he shall, no later than twenty days
after the affixing of notice of its embargo, petition the superior court for an order affirming such embargo. Such court
shall then have jurisdiction, for cause shown and after prompt
hearing to any claimant of such honey or product, to issue an
order which directs the removal of such embargo or the
destruction or the correction and release of such honey or
product. An order for destruction or correction and release
shall contain such provision for the payment of pertinent
court costs and fees and administrative expenses, as is equitable and which the court deems appropriate in the circumstances. An order for correction and release may contain such
provision for bond, as the court finds indicated in the circumstances. [1975 1st ex.s. c 283 § 4.]
Chapter 69.30
Chapter 69.30 RCW
SANITARY CONTROL OF SHELLFISH
Sections
69.30.005
69.30.010
69.30.020
69.30.030
69.30.050
69.30.060
69.30.070
69.30.080
69.30.085
69.30.110
69.30.120
69.28.430
69.28.430 Consolidation of petitions presenting same
issue and claimant. Two or more petitions under this chapter, as now or hereafter amended, which pend at the same
time and which present the same issue and claimant hereunder, shall be consolidated for simultaneous determination by
one court of jurisdiction, upon application to any court of
jurisdiction by the director or by such claimant. [1975 1st
ex.s. c 283 § 5.]
69.28.440
69.28.440 Sample of honey or product may be
obtained—Procedure. The claimant in any proceeding by
petition under this chapter, as now or hereafter amended,
shall be entitled to receive a representative sample of the
honey or product subject to such proceeding, upon application to the court of jurisdiction made at any time after such
petition and prior to the hearing thereon. [1975 1st ex.s. c
283 § 6.]
69.28.450
69.28.450 Recovery of damages barred if probable
cause for embargo. No state court shall allow the recovery
of damages for embargo under this chapter, as now or hereafter amended, if the court finds that there was probable cause
for such action. [1975 1st ex.s. c 283 § 7.]
69.28.900
69.28.900 Severability—1939 c 199. If any provisions
of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, and
the application of such provisions to other persons or circum(2004 Ed.)
69.30.130
69.30.140
69.30.145
69.30.150
69.30.900
Purpose.
Definitions.
Certificate of compliance required for sale.
Rules and regulations—Duties of state board of health.
Certificates of approval—Shellfish growing areas.
Certificates of approval—Culling, shucking, packing establishments.
Certificates of approval—Compliance with other laws and
rules required.
Certificates of approval—Denial, revocation, suspension,
modification—Procedure.
License, certificate of approval—Denial, revocation, suspension—Prohibited acts.
Possession or sale in violation of chapter—Enforcement—Seizure—Disposal.
Inspection by department—Access to regulated business or
entity—Administrative inspection warrant.
Water pollution laws and rules applicable.
Penalties.
Civil penalties.
Civil penalties—General provisions.
Severability—1955 c 144.
Shellfish: Chapter 77.60 RCW.
69.30.005
69.30.005 Purpose. The purpose of this chapter is to
provide for the sanitary control of shellfish. Protection of the
public health requires assurances that commercial shellfish
are harvested only from approved growing areas and that processing of shellfish is conducted in a safe and sanitary manner. [1989 c 200 § 2.]
69.30.010
69.30.010 Definitions. When used in this chapter, the
following terms shall have the following meanings:
(1) "Shellfish" means all varieties of fresh and frozen
oysters, mussels, clams, and scallops, either shucked or in the
shell, and any fresh or frozen edible products thereof.
(2) "Sale" means to sell, offer for sale, barter, trade,
deliver, consign, hold for sale, consignment, barter, trade, or
delivery, and/or possess with intent to sell or dispose of in
any commercial manner.
(3) "Shellfish growing areas" means the lands and waters
in and upon which shellfish are grown for harvesting in commercial quantity or for sale for human consumption.
(4) "Establishment" means the buildings, together with
the necessary equipment and appurtenances, used for the
storage, culling, shucking, packing and/or shipping of shell[Title 69 RCW—page 39]
69.30.020
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
fish in commercial quantity or for sale for human consumption.
(5) "Person" means any individual, partnership, firm,
company, corporation, association, or the authorized agents
of any such entities.
(6) "Department" means the state department of health.
(7) "Secretary" means the secretary of health or his or her
authorized representatives.
(8) "Commercial quantity" means any quantity exceeding: (a) Forty pounds of mussels; (b) one hundred oysters; (c)
fourteen horse clams; (d) six geoducks; (e) fifty pounds of
hard or soft shell clams; or (f) fifty pounds of scallops. The
poundage in this subsection (8) constitutes weight with the
shell.
(9) "Fish and wildlife officer" means a fish and wildlife
officer as defined in RCW 77.08.010.
(10) "Ex officio fish and wildlife officer" means an ex
officio fish and wildlife officer as defined in RCW 77.08.010.
[2001 c 253 § 5; 1995 c 147 § 1; 1991 c 3 § 303; 1989 c 200
§ 1; 1985 c 51 § 1; 1979 c 141 § 70; 1955 c 144 § 1.]
cause the shellfish growing area to be inspected and if the
area meets the requirements of this chapter and the state
board of health, the department shall issue a certificate of
approval for that area. Such certificates shall be issued for a
period not to exceed twelve months and may be revoked at
any time the area is found not to be in compliance with the
requirements of this chapter and the state board of health.
Shellfish growing areas from which shellfish are
removed in a commercial quantity for purposes other than
human consumption including but not limited to bait or seed,
shall be readily subject to monitoring and inspections, and
shall otherwise be of a character ensuring that shellfish harvested from such areas are not diverted for use as food. A certificate of approval issued by the department for shellfish
growing areas from which shellfish are to be removed for
purposes other than human consumption shall specify the
date or dates and time of harvest and all applicable conditions
of harvest, identification by tagging, dying, or other means,
transportation, processing, sale, and other factors to ensure
that shellfish harvested from such areas are not diverted for
use as food. [1995 c 147 § 3; 1985 c 51 § 2; 1955 c 144 § 5.]
69.30.020
69.30.020 Certificate of compliance required for sale.
Only shellfish bearing a certificate of compliance with the
sanitary requirements of this state or a state, territory, province or country of origin whose requirements are equal or
comparable to those established pursuant to this chapter may
be sold or offered for sale in the state of Washington. [1955
c 144 § 2.]
69.30.030
69.30.030 Rules and regulations—Duties of state
board of health. The state board of health shall cause such
investigations to be made as are necessary to determine reasonable requirements governing the sanitation of shellfish,
shellfish growing areas, and shellfish plant facilities and
operations, in order to protect public health and carry out the
provisions of this chapter; and shall adopt such requirements
as rules and regulations of the state board of health. Such
rules and regulations may include reasonable sanitary
requirements relative to the quality of shellfish growing
waters and areas, boat and barge sanitation, building construction, water supply, sewage and waste water disposal,
lighting and ventilation, insect and rodent control, shell disposal, garbage and waste disposal, cleanliness of establishment, the handling, storage, construction and maintenance of
equipment, the handling, storage and refrigeration of shellfish, the identification of containers, and the handling, maintenance, and storage of permits, certificates, and records
regarding shellfish taken under this chapter. [1995 c 147 § 2;
1955 c 144 § 3.]
69.30.060
69.30.060 Certificates of approval—Culling, shucking, packing establishments. No person shall cull, shuck, or
pack shellfish in the state of Washington in a commercial
quantity or for sale for human consumption unless the establishment in which such operations are conducted has been
certified by the department as meeting the requirements of
the state board of health. Any person desiring to cull, shuck,
or pack shellfish within the state of Washington in a commercial quantity or for sale for human consumption, shall apply
to the department for a certificate of approval for the establishment in which such operations will be done. The department shall cause such establishment to be inspected, and if
the establishment meets the sanitary requirements of the state
board of health, the department shall issue a certificate of
approval. Such certificates of approval shall be issued for a
period not to exceed twelve months, and may be revoked at
any time the establishment or the operations are found not to
be in compliance with the sanitary requirements of the state
board of health. [1985 c 51 § 3; 1955 c 144 § 6.]
69.30.070
69.30.070 Certificates of approval—Compliance
with other laws and rules required. Any certificate of
approval issued under the provisions of this chapter shall not
relieve any person from complying with the laws, rules
and/or regulations of the department of fish and wildlife, relative to shellfish. [1994 c 264 § 40; 1955 c 144 § 7.]
69.30.080
69.30.050
69.30.050 Certificates of approval—Shellfish growing areas. Shellfish growing areas, from which shellfish are
removed in a commercial quantity or for sale for human consumption shall meet the requirements of this chapter and the
state board of health; and such shellfish growing areas shall
be so certified by the department. Any person desiring to
remove shellfish in a commercial quantity or for sale for
human consumption from a growing area in the state of
Washington shall first apply to the department for a certificate of approval of the growing area. The department shall
[Title 69 RCW—page 40]
69.30.080 Certificates of approval—Denial, revocation, suspension, modification—Procedure. The department may deny, revoke, suspend, or modify a certificate of
approval, license, or other necessary departmental approval
in any case in which it determines there has been a failure or
refusal to comply with this chapter or rules adopted under it.
RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an
adjudicative proceeding. [1991 c 3 § 304; 1989 c 175 § 125;
1979 c 141 § 71; 1955 c 144 § 8.]
Effective date—1989 c 175: See note following RCW 34.05.010.
(2004 Ed.)
Sanitary Control of Shellfish
69.30.085
69.30.085 License, certificate of approval—Denial,
revocation, suspension—Prohibited acts. (1) A person
whose license or certificate of approval is denied, revoked, or
suspended as a result of violations of this chapter or rules
adopted under this chapter may not:
(a) Serve as the person in charge of, be employed by,
manage, or otherwise participate to any degree in a shellfish
operation licensed or certified under this chapter or rules
adopted under this chapter; or
(b) Participate in the harvesting, shucking, packing, or
shipping of shellfish in commercial quantities or for sale for
human consumption.
(2) This section applies to a person only during the
period of time in which that person's license or certificate of
approval is denied, revoked, or suspended. [1998 c 44 § 1.]
69.30.110
69.30.110 Possession or sale in violation of chapter—
Enforcement—Seizure—Disposal. It is unlawful for any
person to possess a commercial quantity of shellfish or to sell
or offer to sell shellfish in the state which have not been
grown, shucked, packed, or shipped in accordance with the
provisions of this chapter. Failure of a shellfish grower to display immediately a certificate of approval issued under RCW
69.30.050 to an authorized representative of the department,
a fish and wildlife officer, or an ex officio fish and wildlife
officer subjects the grower to the penalty provisions of this
chapter, as well as immediate seizure of the shellfish by the
representative or officer.
Failure of a shellfish processor to display a certificate of
approval issued under RCW 69.30.060 to an authorized representative of the department, a fish and wildlife officer, or an
ex officio fish and wildlife officer subjects the processor to
the penalty provisions of this chapter, as well as immediate
seizure of the shellfish by the representative or officer.
Shellfish seized under this section shall be subject to
prompt disposal by the representative or officer and may not
be used for human consumption. The state board of health
shall develop by rule procedures for the disposal of the seized
shellfish. [2001 c 253 § 6; 1995 c 147 § 4; 1985 c 51 § 4;
1979 c 141 § 74; 1955 c 144 § 11.]
69.30.120
69.30.120 Inspection by department—Access to regulated business or entity—Administrative inspection
warrant. The department may enter and inspect any shellfish growing area or establishment for the purposes of determining compliance with this chapter and rules adopted under
this chapter. The department may inspect all shellfish, all permits, all certificates of approval and all records.
During such inspections the department shall have free
and unimpeded access to all buildings, yards, warehouses,
storage and transportation facilities, vehicles, and other
places reasonably considered to be or to have been part of the
regulated business or entity, to all ledgers, books, accounts,
memorandums, or records required to be compiled or maintained under this chapter or under rules adopted pursuant to
this chapter, and to any products, components, or other materials reasonably believed to be or to have been used, processed, or produced by or in connection with the regulated
business or activity. In connection with such inspections the
department may take such samples or specimens as may be
(2004 Ed.)
69.30.150
reasonably necessary to determine whether there exists a violation of this chapter or rules adopted under this chapter.
Inspection of establishments may be conducted between
eight a.m. and five p.m. on any weekday that is not a legal
holiday, during any time the regulated business or entity has
established as its usual business hours, at any time the regulated business or entity is open for business or is otherwise in
operation, and at any other time with the consent of the owner
or authorized agent of the regulated business or entity.
The department may apply for an administrative inspection warrant to a court of competent jurisdiction and an
administrative inspection warrant may issue where:
(1) The department has attempted an inspection under
this chapter and access to all or part of the regulated business
or entity has been actually or constructively denied; or
(2) There is reasonable cause to believe that a violation
of this chapter or of rules adopted under this chapter is occurring or has occurred. [1995 c 147 § 5; 1985 c 51 § 5; 1955 c
144 § 12.]
69.30.130
69.30.130 Water pollution laws and rules applicable.
All existing laws and rules and regulations governing the pollution of waters of the state shall apply in the control of pollution of shellfish growing areas. [1955 c 144 § 13.]
69.30.140
69.30.140 Penalties. Any person convicted of violating
any of the provisions of this chapter shall be guilty of a gross
misdemeanor. A conviction is an unvacated forfeiture of bail
or collateral deposited to secure the defendant's appearance in
court, the payment of a fine, a plea of guilty, or a finding of
guilt on a violation of this chapter, regardless of whether
imposition of sentence is deferred or the penalty is suspended, and shall be treated as a conviction for purposes of
license revocation and suspension of privileges under *RCW
77.15.700(5). [2001 c 253 § 7; 1995 c 147 § 6; 1985 c 51 §
6; 1955 c 144 § 14.]
*Reviser's note: RCW 77.15.700 was amended by 2003 c 386 § 2,
deleting subsection (5).
69.30.145
69.30.145 Civil penalties. As limited by RCW
69.30.150, the department may impose civil penalties for violations of standards set forth in this chapter or rules adopted
under RCW 69.30.030. [1989 c 200 § 3.]
69.30.150
69.30.150 Civil penalties—General provisions. (1) In
addition to any other penalty provided by law, every person
who violates standards set forth in this chapter or rules
adopted under RCW 69.30.030 is subject to a penalty of not
more than five hundred dollars per day for every violation.
Every violation is a separate and distinct offense. In case of a
continuing violation, every day's continuance is a separate
and distinct violation. Every person who, through an act of
commission or omission, procures, aids, or abets in the violation is in violation of this section and is subject to the penalty
provided in this section.
(2) The penalty provided for in this section shall be
imposed by a notice in writing to the person against whom
the civil fine is assessed and shall describe the violation with
reasonable particularity. The notice shall be personally
served in the manner of service of a summons in a civil action
[Title 69 RCW—page 41]
69.30.900
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
or in a manner which shows proof of receipt. Any penalty
imposed by this section shall become due and payable
twenty-eight days after receipt of notice unless application
for remission or mitigation is made as provided in subsection
(3) of this section or unless application for an adjudicative
proceeding is filed as provided in subsection (4) of this section.
(3) Within fourteen days after the notice is received, the
person incurring the penalty may apply in writing to the
department for the remission or mitigation of the penalty.
Upon receipt of the application, the department may remit or
mitigate the penalty upon whatever terms the department
deems proper, giving consideration to the degree of hazard
associated with the violation. The department may only grant
a remission or mitigation that it deems to be in the best interests of carrying out the purposes of this chapter. The department may ascertain the facts regarding all such applications
in a manner it deems proper. When an application for remission or mitigation is made, any penalty incurred pursuant to
this section becomes due and payable twenty-eight days after
receipt of the notice setting forth the disposition of the application, unless an application for an adjudicative proceeding
to contest the disposition is filed as provided in subsection (4)
of this section.
(4) Within twenty-eight days after notice is received, the
person incurring the penalty may file an application for an
adjudicative proceeding and may pursue subsequent review
as provided in chapter 34.05 RCW and applicable rules of the
department or board of health.
(5) Any penalty imposed by final order following an
adjudicative proceeding becomes due and payable upon service of the final order.
(6) The attorney general may bring an action in the name
of the department in the superior court of Thurston county or
of any county in which the violator may do business to collect
any penalty imposed under this chapter.
(7) All penalties imposed under this section shall be paid
to the state treasury and credited to the general fund. [1989 c
200 § 4.]
69.30.900
69.30.900 Severability—1955 c 144. If any provision
of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not
affect the provisions of the application of this chapter which
can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared
to be severable. [1955 c 144 § 15.]
Chapter 69.36 RCW
WASHINGTON CAUSTIC POISON ACT OF 1929
Chapter 69.36
Sections
69.36.010
69.36.020
69.36.030
69.36.040
69.36.050
69.36.060
69.36.070
Definitions.
Misbranded sales, etc., prohibited—Exceptions.
Condemnation of misbranded packages.
Enforcement—Approval of labels.
Duty to prosecute.
Penalty.
Short title.
Highway transportation of poisons, corrosives, etc.: RCW 46.48.170
through 46.48.180.
[Title 69 RCW—page 42]
69.36.010
69.36.010 Definitions. In this chapter, unless the context or subject matter otherwise requires,
(1) The term "dangerous caustic or corrosive substance"
means each and all of the acids, alkalis, and substances
named below: (a) Hydrochloric acid and any preparation
containing free or chemically unneutralized hydrochloric
acid (HCl) in a concentration of ten percent or more; (b) sulphuric acid and any preparation containing free or chemically
unneutralized sulphuric acid (H2SO4) in concentration of ten
percent or more; (c) nitric acid or any preparation containing
free or chemically unneutralized nitric acid (HNO3) in a concentration of five percent or more; (d) carbolic acid
(C6H5OH), otherwise known as phenol, and any preparation
containing carbolic acid in a concentration of five percent or
more; (e) oxalic acid and any preparation containing free or
chemically unneutralized oxalic acid (H2C2O4) in a concentration of ten percent or more; (f) any salt of oxalic acid and
any preparation containing any such salt in a concentration of
ten percent or more; (g) acetic acid or any preparation containing free or chemically unneutralized acetic acid
(HC2H3O2) in a concentration of twenty percent or more; (h)
hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield ten
percent or more by weight of available chlorine, excluding
calx chlorinata, bleaching powder, and chloride of lime; (i)
potassium hydroxide and any preparation containing free or
chemically unneutralized potassium hydroxide (KOH),
including caustic potash and Vienna paste, in a concentration
of ten percent or more; (j) sodium hydroxide and any preparation containing free or chemically unneutralized sodium
hydroxide (NaOH), including caustic soda and lye, in a concentration of ten percent or more; (k) silver nitrate, sometimes known as lunar caustic, and any preparation containing
silver nitrate (AgNO3) in a concentration of five percent or
more, and (l) ammonia water and any preparation yielding
free or chemically uncombined ammonia (NH 3), including
ammonium hydroxide and "hartshorn", in a concentration of
five percent or more.
(2) The term "misbranded parcel, package, or container"
means a retail parcel, package, or container of any dangerous
caustic or corrosive substance for household use, not bearing
a conspicuous, easily legible label or sticker, containing (a)
the name of the article; (b) the name and place of business of
the manufacturer, packer, seller, or distributor; (c) the word
"POISON", running parallel with the main body of reading
matter on said label or sticker, on a clear, plain background of
a distinctly contrasting color, in uncondensed gothic capital
letters, the letters to be not less than twenty-four point size,
unless there is on said label or sticker no other type so large,
in which event the type shall be not smaller than the largest
type on the label or sticker, and (d) directions for treatment in
case of accidental personal injury by the dangerous caustic or
corrosive substance; PROVIDED, That such directions need
not appear on labels or stickers on parcels, packages or containers at the time of shipment or of delivery for shipment by
manufacturers or wholesalers for other than household use.
PROVIDED FURTHER, That this chapter is not to be construed as applying to any substance subject to the chapter,
sold at wholesale or retail for use by a retail druggist in filling
prescriptions or in dispensing, in pursuance of a prescription
(2004 Ed.)
Poisons—Sales and Manufacturing
by a physician, dentist, or veterinarian; or for use by or under
the direction of a physician, dentist, or veterinarian; or for use
by a chemist in the practice or teaching of his profession; or
for any industrial or professional use, or for use in any of the
arts and sciences. [1929 c 82 § 1; RRS § 2508-1. Formerly
RCW 69.36.010 and 69.36.020, part.]
69.36.020
69.36.020 Misbranded sales, etc., prohibited—
Exceptions. No person shall sell, barter, or exchange, or
receive, hold, pack, display, or offer for sale, barter, or
exchange, in this state any dangerous caustic or corrosive
substance in a misbranded parcel, package, or container, said
parcel, package, or container being designed for household
use; PROVIDED, That household products for cleaning and
washing purposes, subject to this chapter and labeled in
accordance therewith, may be sold, offered for sale, held for
sale and distributed in this state by any dealer, wholesale or
retail; PROVIDED FURTHER, That no person shall be liable
to prosecution and conviction under this chapter when he
establishes a guaranty bearing the signature and address of a
vendor residing in the United States from whom he purchased the dangerous caustic or corrosive substance, to the
effect that such substance is not misbranded within the meaning of this chapter. No person in this state shall give any such
guaranty when such dangerous caustic or corrosive substance
is in fact misbranded within the meaning of this chapter.
[1929 c 82 § 2; RRS § 2508-2. FORMER PART OF SECTION: 1929 c 82 § 1 now codified in RCW 69.32.010.]
69.36.030
69.36.030 Condemnation of misbranded packages.
Any dangerous caustic or corrosive substance in a misbranded parcel, package, or container suitable for household
use, that is being sold, bartered, or exchanged, or held, displayed, or offered for sale, barter, or exchange, shall be liable
to be proceeded against in any superior court within the jurisdiction of which the same is found and seized for confiscation, and if such substance is condemned as misbranded, by
said court, it shall be disposed of by destruction or sale, as the
court may direct; and if sold, the proceeds, less the actual
costs and charges, shall be paid over to the state treasurer; but
such substance shall not be sold contrary to the laws of the
state: PROVIDED, HOWEVER, That upon the payment of
the costs of such proceedings and the execution and delivery
of a good and sufficient bond to the effect that such substance
will not be unlawfully sold or otherwise disposed of, the
court may by order direct that such substance be delivered to
the owner thereof. Such condemnation proceedings shall
conform as near as may be to proceedings in the seizure, and
condemnation of substances unfit for human consumption.
[1929 c 82 § 3; RRS § 2508-3.]
69.36.040
69.36.040 Enforcement—Approval of labels. The
director of agriculture shall enforce the provisions of this
chapter, and he is hereby authorized and empowered to
approve and register such brands and labels intended for use
under the provisions of this chapter as may be submitted to
him for that purpose and as may in his judgment conform to
the requirements of this statute: PROVIDED, HOWEVER,
That in any prosecution under this chapter the fact that any
brand or label involved in said prosecution has not been sub(2004 Ed.)
69.38.030
mitted to said director for approval, or if submitted, has not
been approved by him, shall be immaterial. [1929 c 82 § 5;
RRS § 2508-5.]
69.36.050 Duty to prosecute. Every prosecuting attorney to whom there is presented, or who in any way procures,
satisfactory evidence of any violation of the provisions of this
chapter shall cause appropriate proceedings to be commenced and prosecuted in the proper courts, without delay,
for the enforcement of the penalties as in such cases herein
provided. [1929 c 82 § 6; RRS § 2508-6.]
69.36.050
69.36.060 Penalty. Any person violating the provisions
of this chapter shall be guilty of a misdemeanor. [1929 c 82
§ 4; RRS § 2508-4.]
69.36.060
69.36.070 Short title. This chapter may be cited as the
Washington Caustic Poison Act of 1929. [1929 c 82 § 7;
RRS § 2508-7.]
69.36.070
Chapter 69.38 RCW
POISONS—SALES AND MANUFACTURING
Chapter 69.38
Sections
69.38.010
69.38.020
69.38.030
69.38.040
69.38.050
69.38.060
"Poison" defined.
Exemptions from chapter.
Poison register—Identification of purchaser.
Inspection of poison register—Penalty for failure to maintain
register.
False representation—Penalty.
Manufacturers and sellers of poisons—License required—
Penalty.
69.38.010 "Poison" defined. As used in this chapter
"poison" means:
(1) Arsenic and its preparations;
(2) Cyanide and its preparations, including hydrocyanic
acid;
(3) Strychnine; and
(4) Any other substance designated by the state board of
pharmacy which, when introduced into the human body in
quantities of sixty grains or less, causes violent sickness or
death. [1987 c 34 § 1.]
69.38.010
69.38.020 Exemptions from chapter. All substances
regulated under chapters 15.58, 17.21, 69.04, 69.41, and
69.50 RCW, and chapter 69.45 RCW are exempt from the
provisions of this chapter. [1987 c 34 § 2.]
69.38.020
69.38.030 Poison register—Identification of purchaser. It is unlawful for any person, either on the person's
own behalf or while an employee of another, to sell any poison without first recording in ink in a "poison register" kept
solely for this purpose the following information:
(1) The date and hour of the sale;
(2) The full name and home address of the purchaser;
(3) The kind and quantity of poison sold; and
(4) The purpose for which the poison is being purchased.
The purchaser shall present to the seller identification
which contains the purchaser's photograph and signature. No
sale may be made unless the seller is satisfied that the purchaser's representations are true and that the poison will be
69.38.030
[Title 69 RCW—page 43]
69.38.040
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
used for a lawful purpose. Both the purchaser and the seller
shall sign the poison register entry.
If a delivery of a poison will be made outside the confines of the seller's premises, the seller may require the business purchasing the poison to submit a letter of authorization
as a substitute for the purchaser's photograph and signature
requirements. The letter of authorization shall include the
unified business identifier and address of the business, a full
description of how the substance will be used, and the signature of the purchaser. Either the seller or the employee of the
seller delivering or transferring the poison shall affix his or
her signature to the letter as a witness to the signature and
identification of the purchaser. The transaction shall be
recorded in the poison register as provided in this section.
Letters of authorization shall be kept with the poison register
and shall be subject to the inspection and preservation
requirements contained in RCW 69.38.040. [1988 c 197 § 1;
1987 c 34 § 3.]
69.38.040
69.38.040 Inspection of poison register—Penalty for
failure to maintain register. Every poison register shall be
open for inspection by law enforcement and health officials
at all times and shall be preserved for at least two years after
the date of the last entry. Any person failing to maintain the
poison register as required in this chapter is guilty of a misdemeanor. [1987 c 34 § 4.]
69.38.050
69.38.050 False representation—Penalty. Any person
making any false representation to a seller when purchasing a
poison is guilty of a gross misdemeanor. [1987 c 34 § 5.]
69.38.060
69.38.060 Manufacturers and sellers of poisons—
License required—Penalty. The state board of pharmacy,
after consulting with the department of health, shall require
and provide for the annual licensure of every person now or
hereafter engaged in manufacturing or selling poisons within
this state. Upon a payment of a fee as set by the department,
the department shall issue a license in such form as it may
prescribe to such manufacturer or seller. Such license shall be
displayed in a conspicuous place in such manufacturer's or
seller's place of business for which it is issued.
Any person manufacturing or selling poison within this
state without a license is guilty of a misdemeanor. [1989 1st
ex.s. c 9 § 440; 1987 c 34 § 6.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Chapter 69.40
Chapter 69.40 RCW
POISONS AND DANGEROUS DRUGS
Sections
69.40.010
69.40.015
69.40.020
69.40.025
69.40.030
69.40.055
69.40.150
Poison in edible products.
Poison in edible products—Penalty.
Poison in milk or food products—Penalty.
Supplementary to existing laws—Enforcement.
Placing poison or other harmful object or substance in food,
drinks, medicine, or water—Penalty.
Selling repackaged poison without labeling—Penalty.
Drug control assistance unit investigative assistance for
enforcement of chapter.
Pharmacists: Chapter 18.64 RCW.
Poison information centers: Chapter 18.76 RCW.
[Title 69 RCW—page 44]
Poisoning animals—Strychnine sales: RCW 16.52.190 and 16.52.193.
Washington pesticide application act: Chapter 17.21 RCW.
69.40.010
69.40.010 Poison in edible products. It shall be unlawful for any person to sell, offer for sale, use, distribute, or
leave in any place, any crackers, biscuit, bread or any other
preparation resembling or in similitude, of any edible product, containing arsenic, strychnine or any other poison. [1905
c 141 § 1; RRS § 6140. FORMER PART OF SECTION:
1905 c 141 § 2 now codified as RCW 69.40.015.]
69.40.015
69.40.015 Poison in edible products—Penalty. Any
person violating the provisions of RCW 69.40.010 shall upon
conviction be punished by a fine of not less than ten dollars
nor more than five hundred dollars. [1905 c 141 § 2; RRS §
6141. Formerly RCW 69.40.010, part.]
69.40.020
69.40.020 Poison in milk or food products—Penalty.
Any person who shall sell, offer to sell, or have in his or her
possession for the purpose of sale, either as owner, proprietor, or assistant, or in any manner whatsoever, whether for
hire or otherwise, any milk or any food products, containing
the chemical ingredient commonly known as formaldehyde,
or in which any formaldehyde or other poisonous substance
has been mixed, for the purpose of preservation or otherwise,
is guilty of a class C felony, and upon conviction thereof shall
be imprisoned in the penitentiary for the period of not less
than one year nor more than three years. [2003 c 53 § 320;
1905 c 50 § 1; RRS § 6142. FORMER PART OF SECTION:
1905 c 50 § 2, now codified as RCW 69.40.025.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.40.025
69.40.025 Supplementary to existing laws—Enforcement. *This act shall be supplementary to the laws of this
state now in force prohibiting the adulteration of food and
fraud in the sale thereof; and the state dairy and food commissioner, the chemist of the state agricultural experiment station, the state attorney general and the prosecuting attorneys
of the several counties of this state are hereby required, without additional compensation, to assist in the execution of
*this act, and in the prosecution of all persons charged with
the violation thereof, in like manner and with like powers as
they are now authorized and required by law to enforce the
laws of this state against the adulteration of food and fraud in
the sale thereof. [1905 c 50 § 2; RRS § 6143. Formerly RCW
69.40.020, part.]
Reviser's note: *(1) "This act" appears in 1905 c 50 and the sections of
the act are codified as RCW 69.40.020 and 69.40.025.
(2) The duties of the state dairy and food commissioner have devolved
upon the director of agriculture through a chain of statute as follows: 1913 c
60 § 6(2); 1921 c 7 § 93(1). See RCW 43.23.090(1).
69.40.030
69.40.030 Placing poison or other harmful object or
substance in food, drinks, medicine, or water—Penalty.
(1) Every person who willfully mingles poison or places any
harmful object or substance, including but not limited to pins,
tacks, needles, nails, razor blades, wire, or glass in any food,
drink, medicine, or other edible substance intended or prepared for the use of a human being or who shall knowingly
furnish, with intent to harm another person, any food, drink,
(2004 Ed.)
Legend Drugs—Prescription Drugs
medicine, or other edible substance containing such poison or
harmful object or substance to another human being, and
every person who willfully poisons any spring, well, or reservoir of water, is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not
less than five years or by a fine of not less than one thousand
dollars.
(2) *This act shall not apply to the employer or employers of a person who violates this section without such
employer's knowledge. [2003 c 53 § 321; 1992 c 7 § 48;
1973 c 119 § 1; 1909 c 249 § 264; RRS § 2516. Prior: Code
1881 § 802; 1873 p 185 § 27; 1869 p 202 § 25; 1854 p 79 §
25.]
*Reviser's note: "this act" refers to the 1973 c 119 § 1 amendment to
this section.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
SUBSTITUTION OF PRESCRIPTION DRUGS
69.41.100
69.41.110
69.41.120
69.41.130
69.41.140
69.41.150
69.41.160
69.41.170
69.41.180
69.41.190
69.40.150
69.40.150 Drug control assistance unit investigative
assistance for enforcement of chapter. See RCW
43.43.610.
Chapter 69.41 RCW
LEGEND DRUGS—PRESCRIPTION DRUGS
Chapter 69.41
Sections
69.41.010
69.41.020
69.41.030
69.41.032
69.41.040
69.41.042
69.41.044
69.41.050
69.41.055
69.41.060
69.41.062
69.41.065
69.41.072
69.41.075
69.41.080
69.41.085
(2004 Ed.)
Definitions.
Prohibited acts—Information not privileged communication.
Sale, delivery, or possession of legend drug without prescription or order prohibited—Exceptions—Penalty.
Prescription of legend drugs by dialysis programs.
Prescription requirements—Penalty.
Record requirements.
Confidentiality.
Labeling requirements—Penalty.
Electronic communication of prescription information—
Board may adopt rules.
Search and seizure.
Search and seizure at rental premises—Notification of landlord.
Violations—Juvenile driving privileges.
Violations of chapter 69.50 RCW not to be charged under
chapter 69.41 RCW—Exception.
Rules—Availability of lists of drugs.
Animal control—Rules for possession and use of legend
drugs.
Medication assistance—Community-based care setting.
Legislative recognition and declaration.
Definitions.
Prescriptions to contain instruction as to whether or not a therapeutically equivalent generic drug may be substituted—
Out-of-state prescriptions—Form—Contents—Procedure.
Savings in price to be passed on to purchaser.
Minimum manufacturing standards and practices.
Liability of practitioner, pharmacist.
Pharmacy signs as to substitution for prescribed drugs.
Coercion of pharmacist prohibited—Penalty.
Rules.
Preferred drug substitution—Exceptions—Notice.
IDENTIFICATION OF LEGEND DRUGS—MARKING
69.41.200
69.41.210
69.41.220
69.41.230
69.41.240
69.41.250
69.41.260
69.41.280
Requirements for identification of legend drugs—Marking.
Definitions.
Published lists of drug imprints—Requirements for.
Drugs in violation are contraband.
Rules—Labeling and marking.
Exemptions.
Manufacture or distribution for resale—Requirements.
Confidentiality of records.
69.41.300
69.41.310
69.41.320
69.41.330
69.41.340
69.41.350
69.41.900
Definitions.
Rules.
Practitioners—Restricted use—Medical records.
Public warnings—School districts.
Student athletes—Violations—Penalty.
Penalties.
Severability—1979 c 110.
69.40.055
69.40.055 Selling repackaged poison without labeling—Penalty. It shall be unlawful for any person to sell at
retail or furnish any repackaged poison drug or product without affixing or causing to be affixed to the bottle, box, vessel,
or package a label containing the name of the article, all
labeling required by the Food and Drug Administration and
other federal or state laws or regulations, and the word "poison" distinctly shown with the name and place of the business
of the seller.
This section shall not apply to the dispensing of drugs or
poisons on the prescription of a practitioner.
The board of pharmacy shall have the authority to promulgate rules for the enforcement and implementation of this
section.
Every person who shall violate any of the provisions of
this section shall be guilty of a misdemeanor. [1981 c 147 §
4.]
69.41.010
USE OF STEROIDS
Drug nuisances—Injunctions: Chapter 7.43 RCW.
69.41.010
69.41.010 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise:
(1) "Administer" means the direct application of a legend
drug whether by injection, inhalation, ingestion, or any other
means, to the body of a patient or research subject by:
(a) A practitioner; or
(b) The patient or research subject at the direction of the
practitioner.
(2) "Community-based care settings" include: Community residential programs for the developmentally disabled,
certified by the department of social and health services
under chapter 71A.12 RCW; adult family homes licensed
under chapter 70.128 RCW; and boarding homes licensed
under chapter 18.20 RCW. Community-based care settings
do not include acute care or skilled nursing facilities.
(3) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a
legend drug, whether or not there is an agency relationship.
(4) "Department" means the department of health.
(5) "Dispense" means the interpretation of a prescription
or order for a legend drug and, pursuant to that prescription or
order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or
order for delivery.
(6) "Dispenser" means a practitioner who dispenses.
(7) "Distribute" means to deliver other than by administering or dispensing a legend drug.
(8) "Distributor" means a person who distributes.
(9) "Drug" means:
(a) Substances recognized as drugs in the official United
States pharmacopoeia, official homeopathic pharmacopoeia
of the United States, or official national formulary, or any
supplement to any of them;
[Title 69 RCW—page 45]
69.41.020
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(b) Substances intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in man or animals;
(c) Substances (other than food, minerals or vitamins)
intended to affect the structure or any function of the body of
man or animals; and
(d) Substances intended for use as a component of any
article specified in (a), (b), or (c) of this subsection. It does
not include devices or their components, parts, or accessories.
(10) "Electronic communication of prescription information" means the communication of prescription information
by computer, or the transmission of an exact visual image of
a prescription by facsimile, or other electronic means for
original prescription information or prescription refill information for a legend drug between an authorized practitioner
and a pharmacy or the transfer of prescription information for
a legend drug from one pharmacy to another pharmacy.
(11) "In-home care settings" include an individual's
place of temporary and permanent residence, but does not
include acute care or skilled nursing facilities, and does not
include community-based care settings.
(12) "Legend drugs" means any drugs which are required
by state law or regulation of the state board of pharmacy to be
dispensed on prescription only or are restricted to use by
practitioners only.
(13) "Legible prescription" means a prescription or medication order issued by a practitioner that is capable of being
read and understood by the pharmacist filling the prescription
or the nurse or other practitioner implementing the medication order.
(14) "Medication assistance" means assistance rendered
by a nonpractitioner to an individual residing in a community-based care setting or in-home care setting to facilitate the
individual's self-administration of a legend drug or controlled
substance. It includes reminding or coaching the individual,
handing the medication container to the individual, opening
the individual's medication container, using an enabler, or
placing the medication in the individual's hand, and such
other means of medication assistance as defined by rule
adopted by the department. A nonpractitioner may help in
the preparation of legend drugs or controlled substances for
self-administration where a practitioner has determined and
communicated orally or by written direction that such medication preparation assistance is necessary and appropriate.
Medication assistance shall not include assistance with intravenous medications or injectable medications, except prefilled insulin syringes.
(15) "Person" means individual, corporation, government or governmental subdivision or agency, business trust,
estate, trust, partnership or association, or any other legal
entity.
(16) "Practitioner" means:
(a) A physician under chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon
under chapter 18.57 RCW, a dentist under chapter 18.32
RCW, a podiatric physician and surgeon under chapter 18.22
RCW, a veterinarian under chapter 18.92 RCW, a registered
nurse, advanced registered nurse practitioner, or licensed
practical nurse under chapter 18.79 RCW, an optometrist
under chapter 18.53 RCW who is certified by the optometry
board under RCW 18.53.010, an osteopathic physician assis[Title 69 RCW—page 46]
tant under chapter 18.57A RCW, a physician assistant under
chapter 18.71A RCW, a naturopath licensed under chapter
18.36A RCW, a pharmacist under chapter 18.64 RCW, or,
when acting under the required supervision of a dentist
licensed under chapter 18.32 RCW, a dental hygienist
licensed under chapter 18.29 RCW;
(b) A pharmacy, hospital, or other institution licensed,
registered, or otherwise permitted to distribute, dispense,
conduct research with respect to, or to administer a legend
drug in the course of professional practice or research in this
state; and
(c) A physician licensed to practice medicine and surgery or a physician licensed to practice osteopathic medicine
and surgery in any state, or province of Canada, which shares
a common border with the state of Washington.
(17) "Secretary" means the secretary of health or the secretary's designee. [2003 c 257 § 2; 2003 c 140 § 11; 2000 c 8
§ 2. Prior: 1998 c 222 § 1; 1998 c 70 § 2; 1996 c 178 § 16;
1994 sp.s. c 9 § 736; prior: 1989 1st ex.s. c 9 § 426; 1989 c
36 § 3; 1984 c 153 § 17; 1980 c 71 § 1; 1979 ex.s. c 139 § 1;
1973 1st ex.s. c 186 § 1.]
Reviser's note: This section was amended by 2003 c 140 § 11 and by
2003 c 257 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 140: See note following RCW 18.79.040.
Findings—Intent—2000 c 8: "The legislature finds that we have one
of the finest health care systems in the world and excellent professionals to
deliver that care. However, there are incidents of medication errors that are
avoidable and serious mistakes that are preventable. Medical errors throughout the health care system constitute one of the nation's leading causes of
death and injury resulting in over seven thousand deaths a year, according to
a recent report from the institute of medicine. The majority of medical errors
do not result from individual recklessness, but from basic flaws in the way
the health system is organized. There is a need for a comprehensive strategy
for government, industry, consumers, and health providers to reduce medical
errors. The legislature declares a need to bring about greater safety for
patients in this state who depend on prescription drugs.
It is the intent of the legislature to promote medical safety as a top priority for all citizens of our state." [2000 c 8 § 1.]
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.41.020
69.41.020 Prohibited acts—Information not privileged communication. Legend drugs shall not be sold,
delivered, dispensed or administered except in accordance
with this chapter.
(1) No person shall obtain or attempt to obtain a legend
drug, or procure or attempt to procure the administration of a
legend drug:
(a) By fraud, deceit, misrepresentation, or subterfuge; or
(b) By the forgery or alteration of a prescription or of any
written order; or
(c) By the concealment of a material fact; or
(d) By the use of a false name or the giving of a false
address.
(2) Information communicated to a practitioner in an
effort unlawfully to procure a legend drug, or unlawfully to
procure the administration of any such drug, shall not be
deemed a privileged communication.
(2004 Ed.)
Legend Drugs—Prescription Drugs
(3) No person shall willfully make a false statement in
any prescription, order, report, or record, required by this
chapter.
(4) No person shall, for the purpose of obtaining a legend
drug, falsely assume the title of, or represent himself or herself to be, a manufacturer, wholesaler, or any practitioner.
(5) No person shall make or utter any false or forged prescription or other written order for legend drugs.
(6) No person shall affix any false or forged label to a
package or receptacle containing legend drugs.
(7) No person shall willfully fail to maintain the records
required by RCW 69.41.042 and *69.41.270.
(8) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 322.
Prior: 1989 1st ex.s. c 9 § 408; 1989 c 352 § 8; 1973 1st ex.s.
c 186 § 2.]
69.41.042
selling, delivering, possessing, and dispensing commercially
prepackaged oral contraceptives prescribed by authorized,
licensed health care practitioners.
(2)(a) A violation of this section involving the sale,
delivery, or possession with intent to sell or deliver is a class
B felony punishable according to chapter 9A.20 RCW.
(b) A violation of this section involving possession is a
misdemeanor. [2003 c 142 § 3; 2003 c 53 § 323; 1996 c 178
§ 17; 1994 sp.s. c 9 § 737; 1991 c 30 § 1; 1990 c 219 § 2; 1987
c 144 § 1; 1981 c 120 § 1; 1979 ex.s. c 139 § 2; 1977 c 69 §
1; 1973 1st ex.s. c 186 § 3.]
Reviser's note: This section was amended by 2003 c 53 § 323 and by
2003 c 142 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—2003 c 142: See note following RCW 18.53.010.
*Reviser's note: RCW 69.41.270 was repealed by 2003 c 275 § 5.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1996 c 178: See note following RCW 18.35.110.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.41.030
69.41.030 Sale, delivery, or possession of legend drug
without prescription or order prohibited—Exceptions—
Penalty. (1) It shall be unlawful for any person to sell,
deliver, or possess any legend drug except upon the order or
prescription of a physician under chapter 18.71 RCW, an
osteopathic physician and surgeon under chapter 18.57
RCW, an optometrist licensed under chapter 18.53 RCW
who is certified by the optometry board under RCW
18.53.010, a dentist under chapter 18.32 RCW, a podiatric
physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a commissioned medical or
dental officer in the United States armed forces or public
health service in the discharge of his or her official duties, a
duly licensed physician or dentist employed by the veterans
administration in the discharge of his or her official duties, a
registered nurse or advanced registered nurse practitioner
under chapter 18.79 RCW when authorized by the nursing
care quality assurance commission, an osteopathic physician
assistant under chapter 18.57A RCW when authorized by the
board of osteopathic medicine and surgery, a physician assistant under chapter 18.71A RCW when authorized by the
medical quality assurance commission, a physician licensed
to practice medicine and surgery or a physician licensed to
practice osteopathic medicine and surgery, a dentist licensed
to practice dentistry, a podiatric physician and surgeon
licensed to practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine, in any
province of Canada which shares a common border with the
state of Washington or in any state of the United States:
PROVIDED, HOWEVER, That the above provisions shall
not apply to sale, delivery, or possession by drug wholesalers
or drug manufacturers, or their agents or employees, or to any
practitioner acting within the scope of his or her license, or to
a common or contract carrier or warehouseman, or any
employee thereof, whose possession of any legend drug is in
the usual course of business or employment: PROVIDED
FURTHER, That nothing in this chapter or chapter 18.64
RCW shall prevent a family planning clinic that is under contract with the department of social and health services from
(2004 Ed.)
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Finding—1990 c 219: "The legislature finds that Washington citizens
in the border areas of this state are prohibited from having prescriptions from
out-of-state dentists and veterinarians filled at their in-state pharmacies, and
that it is in the public interest to remove this barrier for the state's citizens."
[1990 c 219 § 1.]
69.41.032
69.41.032 Prescription of legend drugs by dialysis
programs. This chapter shall not prevent a medicareapproved dialysis center or facility operating a medicareapproved home dialysis program from selling, delivering,
possessing, or dispensing directly to its dialysis patients, in
case or full shelf lots, if prescribed by a physician licensed
under chapter 18.57 or 18.71 RCW, those legend drugs determined by the board pursuant to rule. [1987 c 41 § 2.]
Application of pharmacy statutes to dialysis programs: RCW 18.64.257.
69.41.040
69.41.040 Prescription requirements—Penalty. (1)
A prescription, in order to be effective in legalizing the possession of legend drugs, must be issued for a legitimate medical purpose by one authorized to prescribe the use of such
legend drugs. An order purporting to be a prescription issued
to a drug abuser or habitual user of legend drugs, not in the
course of professional treatment, is not a prescription within
the meaning and intent of this section; and the person who
knows or should know that he or she is filling such an order,
as well as the person issuing it, may be charged with violation
of this chapter. A legitimate medical purpose shall include
use in the course of a bona fide research program in conjunction with a hospital or university.
(2) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 324;
1973 1st ex.s. c 186 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.41.042
69.41.042 Record requirements. A pharmaceutical
manufacturer, wholesaler, pharmacy, or practitioner who
purchases, dispenses, or distributes legend drugs shall maintain invoices or such other records as are necessary to account
for the receipt and disposition of the legend drugs.
[Title 69 RCW—page 47]
69.41.044
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
The records maintained pursuant to this section shall be
available for inspection by the board and its authorized representatives and shall be maintained for two years. [1989 1st
ex.s. c 9 § 405.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.41.044
69.41.044 Confidentiality. All records, reports, and
information obtained by the board or its authorized representatives from or on behalf of a pharmaceutical manufacturer,
representative of a manufacturer, wholesaler, pharmacy, or
practitioner who purchases, dispenses, or distributes legend
drugs under this chapter are confidential and exempt from
public inspection and copying under chapter 42.17 RCW.
Nothing in this section restricts the investigations or the proceedings of the board so long as the board and its authorized
representatives comply with the provisions of chapter 42.17
RCW. [1989 1st ex.s. c 9 § 406.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.41.050
69.41.050 Labeling requirements—Penalty. (1) To
every box, bottle, jar, tube or other container of a legend
drug, which is dispensed by a practitioner authorized to prescribe legend drugs, there shall be affixed a label bearing the
name of the prescriber, complete directions for use, the name
of the drug either by the brand or generic name and strength
per unit dose, name of patient and date: PROVIDED, That
the practitioner may omit the name and dosage of the drug if
he or she determines that his or her patient should not have
this information and that, if the drug dispensed is a trial sample in its original package and which is labeled in accordance
with federal law or regulation, there need be set forth additionally only the name of the issuing practitioner and the
name of the patient.
(2) A violation of this section is a misdemeanor. [2003 c
53 § 325; 1980 c 83 § 8; 1973 1st ex.s. c 186 § 5.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.41.055
69.41.055 Electronic communication of prescription
information—Board may adopt rules. (1) Information
concerning an original prescription or information concerning a prescription refill for a legend drug may be electronically communicated between an authorized practitioner and a
pharmacy of the patient's choice with no intervening person
having access to the prescription drug order pursuant to the
provisions of this chapter if the electronically communicated
prescription information complies with the following:
(a) Electronically communicated prescription information must comply with all applicable statutes and rules
regarding the form, content, recordkeeping, and processing
of a prescription for a legend drug;
(b) The system used for transmitting electronically communicated prescription information and the system used for
receiving electronically communicated prescription information must be approved by the board. This subsection does not
apply to currently used facsimile equipment transmitting an
exact visual image of the prescription. The board shall maintain and provide, upon request, a list of systems used for elec[Title 69 RCW—page 48]
tronically communicating prescription information currently
approved by the board;
(c) An explicit opportunity for practitioners must be
made to indicate their preference on whether a therapeutically equivalent generic drug may be substituted;
(d) Prescription drug orders are confidential health information, and may be released only to the patient or the
patient's authorized representative, the prescriber or other
authorized practitioner then caring for the patient, or other
persons specifically authorized by law to receive such information;
(e) To maintain confidentiality of prescription records,
the electronic system shall have adequate security and systems safeguards designed to prevent and detect unauthorized
access, modification, or manipulation of these records. The
pharmacist in charge shall establish or verify the existence of
policies and procedures which ensure the integrity and confidentiality of prescription information transmitted to the pharmacy by electronic means. All managers, employees, and
agents of the pharmacy are required to read, sign, and comply
with the established policies and procedures; and
(f) The pharmacist shall exercise professional judgment
regarding the accuracy, validity, and authenticity of the prescription drug order received by way of electronic transmission, consistent with federal and state laws and rules and
guidelines of the board.
(2) The board may adopt rules implementing this section. [1998 c 222 § 2.]
69.41.060
69.41.060 Search and seizure. If, upon the sworn complaint of any person, it shall be made to appear to any judge
of the superior or district court that there is probable cause to
believe that any legend drug is being used, manufactured,
sold, bartered, exchanged, given away, furnished or otherwise disposed of or kept in violation of the provisions of this
chapter, such judge shall, with or without the approval of the
prosecuting attorney, issue a warrant directed to any peace
officer in the county, commanding the peace officer to search
the premises designated and described in such complaint and
warrant, and to seize all legend drugs there found, together
with the vessels in which they are contained, and all implements, furniture and fixtures used or kept for the illegal manufacture, sale, barter, exchange, giving away, furnishing or
otherwise disposing of such legend drugs and to safely keep
the same, and to make a return of said warrant within three
days, showing all acts and things done thereunder, with a particular statement of all articles seized and the name of the person or persons in whose possession the same were found, if
any, and if no person be found in the possession of said articles, the returns shall so state. A copy of said warrant shall be
served upon the person or persons found in possession of any
such legend drugs, furniture or fixtures so seized, and if no
person be found in the possession thereof, a copy of said warrant shall be posted on the door of the building or room
wherein the same are found, or, if there be no door, then in
any conspicuous place upon the premises. [1987 c 202 § 227;
1973 1st ex.s. c 186 § 6.]
Intent—1987 c 202: See note following RCW 2.04.190.
(2004 Ed.)
Legend Drugs—Prescription Drugs
69.41.062
69.41.062 Search and seizure at rental premises—
Notification of landlord. Whenever a legend drug which is
sold, delivered, or possessed in violation of this chapter is
seized at rental premises, the law enforcement agency shall
make a reasonable attempt to discover the identity of the
landlord and shall notify the landlord in writing, at the last
address listed in the property tax records and at any other
address known by the law enforcement agency, of the seizure
and the location of the seizure. [1988 c 150 § 8.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
69.41.100
In identifying legend drugs the board may incorporate in
its rules lists of drugs contained in commercial pharmaceutical publications by making specific reference to each such
list and the date and edition of the commercial publication
containing it. Any such lists so incorporated shall be available for public inspection at the headquarters of the department of health and shall be available on request from the
department of health upon payment of a reasonable fee to be
set by the department. [1989 1st ex.s. c 9 § 427; 1979 ex.s. c
139 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.41.065
69.41.065 Violations—Juvenile driving privileges.
(1) If a juvenile thirteen years of age or older and under the
age of twenty-one is found by a court to have committed any
offense that is a violation of this chapter, the court shall notify
the department of licensing within twenty-four hours after
entry of the judgment.
(2) Except as otherwise provided in subsection (3) of this
section, upon petition of a juvenile whose privilege to drive
has been revoked pursuant to RCW 46.20.265, the court may
notify the department of licensing that the juvenile's privilege
to drive should be reinstated.
(3) If the conviction is for the juvenile's first violation of
this chapter or chapter 66.44, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265
until the later of ninety days after the date the juvenile turns
sixteen or ninety days after the judgment was entered. If the
conviction was for the juvenile's second or subsequent violation of this chapter or chapter 66.44, 69.50, or 69.52 RCW,
the juvenile may not petition the court for reinstatement of
the juvenile's privilege to drive revoked pursuant to RCW
46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered. [1989 c
271 § 119; 1988 c 148 § 4.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
69.41.072
69.41.072 Violations of chapter 69.50 RCW not to be
charged under chapter 69.41 RCW—Exception. Any
offense which is a violation of chapter 69.50 RCW other than
RCW 69.50.4012 shall not be charged under this chapter.
[2003 c 53 § 327.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.41.075
69.41.075 Rules—Availability of lists of drugs. The
state board of pharmacy may make such rules for the enforcement of this chapter as are deemed necessary or advisable.
The board shall identify, by rule-making pursuant to chapter
34.05 RCW, those drugs which may be dispensed only on
prescription or are restricted to use by practitioners, only. In
so doing the board shall consider the toxicity or other potentiality for harmful effect of the drug, the method of its use,
and any collateral safeguards necessary to its use. The board
shall classify a drug as a legend drug where these considerations indicate the drug is not safe for use except under the
supervision of a practitioner.
(2004 Ed.)
69.41.080 Animal control—Rules for possession and
use of legend drugs. Humane societies and animal control
agencies registered with the state board of pharmacy under
chapter 69.50 RCW and authorized to euthanize animals may
purchase, possess, and administer approved legend drugs for
the sole purpose of sedating animals prior to euthanasia,
when necessary, and for use in chemical capture programs.
For the purposes of this section, "approved legend drugs"
means those legend drugs designated by the board by rule as
being approved for use by such societies and agencies for animal sedating or capture and does not include any substance
regulated under chapter 69.50 RCW. Any society or agency
so registered shall not permit persons to administer any legend drugs unless such person has demonstrated to the satisfaction of the board adequate knowledge of the potential hazards involved in and the proper techniques to be used in
administering the drugs.
The board shall promulgate rules to regulate the purchase, possession, and administration of legend drugs by
such societies and agencies and to insure strict compliance
with the provisions of this section. Such rules shall require
that the storage, inventory control, administration, and
recordkeeping for approved legend drugs conform to the
standards adopted by the board under chapter 69.50 RCW to
regulate the use of controlled substances by such societies
and agencies. The board may suspend or revoke a registration
under chapter 69.50 RCW upon a determination by the board
that the person administering legend drugs has not demonstrated adequate knowledge as herein provided. This authority is granted in addition to any other power to suspend or
revoke a registration as provided by law. [1989 c 242 § 1.]
69.41.080
69.41.085 Medication assistance—Community-based
care setting. Individuals residing in community-based care
settings, such as adult family homes, boarding homes, and
residential care settings for the developmentally disabled,
including an individual's home, may receive medication
assistance. Nothing in this chapter affects the right of an individual to refuse medication or requirements relating to
informed consent. [2003 c 140 § 12; 1998 c 70 § 1.]
69.41.085
Effective date—2003 c 140: See note following RCW 18.79.040.
SUBSTITUTION OF PRESCRIPTION DRUGS
69.41.100 Legislative recognition and declaration.
The legislature recognizes the responsibility of the state to
insure that the citizens of the state are offered a choice
between generic drugs and brand name drugs and the benefit
69.41.100
[Title 69 RCW—page 49]
69.41.110
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
of quality pharmaceutical products at competitive prices.
Advances in the drug industry resulting from research and the
elimination of counterfeiting of prescription drugs should
benefit the users of the drugs. Pharmacy must continue to
operate with accountability and effectiveness. The legislature
hereby declares it to be the policy of the state that its citizens
receive safe and therapeutically effective drug products at the
most reasonable cost consistent with high drug quality standards. [1986 c 52 § 1; 1977 ex.s. c 352 § 1.]
Severability—1977 ex.s. c 352: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 352 § 10.]
69.41.110
69.41.110 Definitions. As used in RCW 69.41.100
through 69.41.180, the following words shall have the following meanings:
(1) "Brand name" means the proprietary or trade name
selected by the manufacturer and placed upon a drug, its container, label, or wrapping at the time of packaging;
(2) "Generic name" means the official title of a drug or
drug ingredients published in the latest edition of a nationally
recognized pharmacopoeia or formulary;
(3) "Substitute" means to dispense, with the practitioner's authorization, a "therapeutically equivalent" drug product of the identical base or salt as the specific drug product
prescribed: PROVIDED, That with the practitioner's prior
consent, therapeutically equivalent drugs other than the identical base or salt may be dispensed;
(4) "Therapeutically equivalent" means essentially the
same efficacy and toxicity when administered to an individual in the same dosage regimen; and
(5) "Practitioner" means a physician, osteopathic physician and surgeon, dentist, veterinarian, or any other person
authorized to prescribe drugs under the laws of this state.
[1979 c 110 § 1; 1977 ex.s. c 352 § 2.]
69.41.120
69.41.120 Prescriptions to contain instruction as to
whether or not a therapeutically equivalent generic drug
may be substituted—Out-of-state prescriptions—Form—
Contents—Procedure. Every drug prescription shall contain an instruction on whether or not a therapeutically equivalent generic drug may be substituted in its place, unless substitution is permitted under a prior-consent authorization.
If a written prescription is involved, the prescription
must be legible and the form shall have two signature lines at
opposite ends on the bottom of the form. Under the line at the
right side shall be clearly printed the words "DISPENSE AS
WRITTEN". Under the line at the left side shall be clearly
printed the words "SUBSTITUTION PERMITTED". The
practitioner shall communicate the instructions to the pharmacist by signing the appropriate line. No prescription shall
be valid without the signature of the practitioner on one of
these lines. In the case of a prescription issued by a practitioner in another state that uses a one-line prescription form or
variation thereof, the pharmacist may substitute a therapeutically equivalent generic drug unless otherwise instructed by
the practitioner through the use of the words "dispense as
written", words of similar meaning, or some other indication.
If an oral prescription is involved, the practitioner or the
practitioner's agent shall instruct the pharmacist as to whether
[Title 69 RCW—page 50]
or not a therapeutically equivalent generic drug may be substituted in its place. The pharmacist shall note the instructions
on the file copy of the prescription.
The pharmacist shall note the manufacturer of the drug
dispensed on the file copy of a written or oral prescription.
[2000 c 8 § 3; 1990 c 218 § 1; 1979 c 110 § 2; 1977 ex.s. c
352 § 3.]
Findings—Intent—2000 c 8: See note following RCW 69.41.010.
69.41.130
69.41.130 Savings in price to be passed on to purchaser. Unless the brand name drug is requested by the
patient or the patient's representative, the pharmacist shall
substitute an equivalent drug product which he has in stock if
its wholesale price to the pharmacist is less than the wholesale price of the prescribed drug product, and at least sixty
percent of the savings shall be passed on to the purchaser.
[1986 c 52 § 2; 1979 c 110 § 3; 1977 ex.s. c 352 § 4.]
69.41.140
69.41.140 Minimum manufacturing standards and
practices. A pharmacist may not substitute a product under
the provisions of this section unless the manufacturer has
shown that the drug has been manufactured with the following minimum good manufacturing standards and practices:
(1) Maintain quality control standards equal to those of
the Food and Drug Administration;
(2) Comply with regulations promulgated by the Food
and Drug Administration. [1979 c 110 § 4; 1977 ex.s. c 352
§ 5.]
69.41.150
69.41.150 Liability of practitioner, pharmacist. (1) A
practitioner who authorizes a prescribed drug shall not be liable for any side effects or adverse reactions caused by the
manner or method by which a substituted drug product is
selected or dispensed.
(2) A pharmacist who substitutes an equivalent drug
product pursuant to RCW 69.41.100 through 69.41.180 as
now or hereafter amended assumes no greater liability for
selecting the dispensed drug product than would be incurred
in filling a prescription for a drug product prescribed by its
established name.
(3) A pharmacist who substitutes a preferred drug for a
nonpreferred drug pursuant to RCW 69.41.190 assumes no
greater liability for substituting the preferred drug than would
be incurred in filling a prescription for the preferred drug
when prescribed by name. [2003 1st sp.s. c 29 § 6; 1979 c
110 § 5; 1977 ex.s. c 352 § 6.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
69.41.160
69.41.160 Pharmacy signs as to substitution for prescribed drugs. Every pharmacy shall post a sign in a location at the prescription counter that is readily visible to
patrons stating, "Under Washington law, an equivalent but
less expensive drug may in some cases be substituted for the
drug prescribed by your doctor. Such substitution, however,
may only be made with the consent of your doctor. Please
consult your pharmacist or physician for more information."
[1979 c 110 § 6; 1977 ex.s. c 352 § 7.]
(2004 Ed.)
Legend Drugs—Prescription Drugs
69.41.170
69.41.170 Coercion of pharmacist prohibited—Penalty. It shall be unlawful for any employer to coerce, within
the meaning of RCW 9A.36.070, any pharmacist to dispense
a generic drug or to substitute a generic drug for another drug.
A violation of this section shall be punishable as a misdemeanor. [1977 ex.s. c 352 § 8.]
69.41.180
69.41.180 Rules. The state board of pharmacy may
adopt any necessary rules under chapter 34.05 RCW for the
implementation, continuation, or enforcement of RCW
69.41.100 through 69.41.180, including, but not limited to, a
list of therapeutically or nontherapeutically equivalent drugs
which, when adopted, shall be provided to all registered pharmacists in the state and shall be updated as necessary. [1979
c 110 § 7; 1977 ex.s. c 352 § 9.]
69.41.190
69.41.190 Preferred drug substitution—Exceptions—Notice. (1) Any pharmacist filling a prescription
under a state purchased health care program as defined in
RCW 41.05.011(2) shall substitute, where identified, a preferred drug for any nonpreferred drug in a given therapeutic
class, unless the endorsing practitioner has indicated on the
prescription that the nonpreferred drug must be dispensed as
written, or the prescription is for a refill of an antipsychotic,
antidepressant, chemotherapy, antiretroviral, or immunosuppressive drug, in which case the pharmacist shall dispense the
prescribed nonpreferred drug.
(2) When a substitution is made under subsection (1) of
this section, the dispensing pharmacist shall notify the prescribing practitioner of the specific drug and dose dispensed.
[2003 1st sp.s. c 29 § 5.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
69.41.260
69.41.210
69.41.210 Definitions. The terms defined in this section shall have the meanings indicated when used in RCW
69.41.200 through 69.41.260.
(1) "Distributor" means any corporation, person, or other
entity which distributes for sale a legend drug under its own
label even though it is not the actual manufacturer of the legend drug.
(2) "Solid dosage form" means capsules or tablets or
similar legend drug products intended for administration and
which could be ingested orally.
(3) "Legend drug" means any drugs which are required
by state law or regulation of the board to be dispensed as prescription only or are restricted to use by prescribing practitioners only and shall include controlled substances in Schedules II through V of chapter 69.50 RCW.
(4) "Board" means the state board of pharmacy. [1980 c
83 § 2.]
69.41.220
69.41.220 Published lists of drug imprints—Requirements for. Each manufacturer and distributor shall publish
and provide to the board by filing with the department printed
material which will identify each current imprint used by the
manufacturer or distributor. The board shall be notified of
any change by the filing of any change with the department.
This information shall be provided by the department to all
pharmacies licensed in the state of Washington, poison control centers, and hospital emergency rooms. [1989 1st ex.s. c
9 § 428; 1980 c 83 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.41.230
69.41.230 Drugs in violation are contraband. Any
legend drug prepared or manufactured or offered for sale in
violation of this chapter or implementing rules shall be contraband and subject to seizure under the provisions of RCW
69.41.060. [1980 c 83 § 4.]
IDENTIFICATION OF LEGEND DRUGS—MARKING
69.41.240
69.41.200
69.41.200 Requirements for identification of legend
drugs—Marking. (1) No legend drug in solid dosage form
may be manufactured or commercially distributed within this
state unless it has clearly marked or imprinted on it an individual symbol, number, company name, words, letters, marking, or National Drug Code number identifying the drug and
the manufacturer or distributor of such drug.
(2) No manufacturer or distributor may sell any legend
drug contained within a bottle, vial, carton, or other container, or in any way affixed or appended to or enclosed
within a package of any kind designed or intended for delivery in such container or package to an ultimate consumer
within this state unless such container or package has clearly
and permanently marked or imprinted on it an individual
symbol, number, company name, words, letters, marking, or
National Drug Code number identifying the drug and the
manufacturer or distributor of such drug.
(3) Whenever the distributor of a legend drug does not
also manufacture it, the names and places of businesses of
both shall appear on the stock container or package label in
words that truly distinguish each. [1980 c 83 § 1.]
(2004 Ed.)
69.41.240 Rules—Labeling and marking. The board
shall have authority to promulgate rules and regulations for
the enforcement and implementation of RCW 69.41.050 and
69.41.200 through 69.41.260. [1980 c 83 § 5.]
69.41.250
69.41.250 Exemptions. (1) The board, upon application of a manufacturer, may exempt a particular legend drug
from the requirements of RCW 69.41.050 and 69.41.200
through 69.41.260 on the grounds that imprinting is infeasible because of size, texture, or other unique characteristics.
(2) The provisions of RCW 69.41.050 and 69.41.200
through 69.41.260 shall not apply to any legend drug which
is prepared or manufactured by a pharmacy in this state and is
for the purpose of retail sale from such pharmacy and not
intended for resale. [1980 c 83 § 6.]
69.41.260
69.41.260 Manufacture or distribution for resale—
Requirements. All legend drugs manufactured or distributed for resale to any entity in this state other than the ultimate consumer shall meet the requirements of RCW
69.41.050 and 69.41.200 through 69.41.260 from a date eighteen months after June 12, 1980. [1980 c 83 § 7.]
[Title 69 RCW—page 51]
69.41.280
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
69.41.280
69.41.330
69.41.280 Confidentiality of records. All records,
reports, and information obtained by the board or its authorized representatives from or on behalf of a pharmaceutical
manufacturer, representative of a manufacturer, wholesaler,
pharmacy, or practitioner who purchases, dispenses, or distributes legend drugs under this chapter are confidential and
exempt from public inspection and copying under chapter
42.17 RCW. Nothing in this section restricts the investigations or the proceedings of the board so long as the board and
its authorized representatives comply with the provisions of
chapter 42.17 RCW. [1989 c 352 § 6.]
69.41.330 Public warnings—School districts. The
superintendent of public instruction shall develop and distribute to all school districts signs of appropriate design and
dimensions advising students of the health risks that steroids
present when used solely to enhance athletic ability, and of
the penalties for their unlawful possession provided by RCW
69.41.300 through 69.41.350.
School districts shall post or cause the signs to be posted
in a prominent place for ease of viewing on the premises of
school athletic departments. [2003 c 53 § 330; 1989 c 369 §
5.]
USE OF STEROIDS
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.41.340
69.41.300
69.41.300 Definitions. For the purposes of RCW
69.41.300 through 69.41.350, "steroids" shall include the following:
(1) "Anabolic steroids" means synthetic derivatives of
testosterone or any isomer, ester, salt, or derivative that act in
the same manner on the human body;
(2) "Androgens" means testosterone in one of its forms
or a derivative, isomer, ester, or salt, that act in the same manner on the human body; and
(3) "Human growth hormones" means growth hormones,
or a derivative, isomer, ester, or salt that act in the same manner on the human body. [2003 c 53 § 328; 1989 c 369 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.41.310
69.41.310 Rules. The state board of pharmacy shall
specify by rule drugs to be classified as steroids as defined in
RCW 69.41.300.
On or before December 1 of each year, the board shall
inform the appropriate legislative committees of reference of
the drugs that the board has added to the steroids in RCW
69.41.300. The board shall submit a statement of rationale for
the changes. [1989 c 369 § 2.]
69.41.340 Student athletes—Violations—Penalty.
The superintendent of public instruction, in consultation with
the Washington interscholastic activity association, shall promulgate rules by January 1, 1990, regarding loss of eligibility
to participate in school-sponsored athletic events for any student athlete found to have violated this chapter. The regents
or trustees of each institution of higher education shall promulgate rules by January 1, 1990, regarding loss of eligibility
to participate in school-sponsored athletic events for any student athlete found to have violated this chapter. [1989 c 369
§ 6.]
69.41.350
69.41.350 Penalties. (1) A person who violates the provisions of this chapter by possessing under two hundred tablets or eight 2cc bottles of steroid without a valid prescription
is guilty of a gross misdemeanor.
(2) A person who violates the provisions of this chapter
by possessing over two hundred tablets or eight 2cc bottles of
steroid without a valid prescription is guilty of a class C felony and shall be punished according to chapter 9A.20 RCW.
[2003 c 53 § 326; 1989 c 369 § 4; 1983 1st ex.s. c 4 § 4; 1973
1st ex.s. c 186 § 7. Formerly RCW 69.41.070.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1983 1st ex.s. c 4: See note following RCW 9A.48.070.
69.41.320
69.41.320 Practitioners—Restricted use—Medical
records. (1)(a) A practitioner shall not prescribe, administer,
or dispense steroids, as defined in RCW 69.41.300, or any
form of autotransfusion for the purpose of manipulating hormones to increase muscle mass, strength, or weight, or for the
purpose of enhancing athletic ability, without a medical
necessity to do so.
(b) A person violating this subsection is guilty of a gross
misdemeanor and is subject to disciplinary action under
RCW 18.130.180.
(2) A practitioner shall complete and maintain patient
medical records which accurately reflect the prescribing,
administering, or dispensing of any substance or drug
described in this section or any form of autotransfusion.
Patient medical records shall indicate the diagnosis and purpose for which the substance, drug, or autotransfusion is prescribed, administered, or dispensed and any additional information upon which the diagnosis is based. [2003 c 53 § 329;
1989 c 369 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
[Title 69 RCW—page 52]
69.41.900
69.41.900 Severability—1979 c 110. If any provision
of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 c 110 § 8.]
Chapter 69.43
Chapter 69.43 RCW
PRECURSOR DRUGS
Sections
69.43.010
69.43.020
69.43.030
69.43.035
69.43.040
69.43.043
69.43.048
69.43.050
69.43.060
Report to state board of pharmacy—List of substances—Modification of list—Identification of purchasers—Report of
transactions—Penalties.
Receipt of substance from source outside state—Report—Penalty.
Exemptions.
Suspicious transactions—Report—Penalty.
Reporting form.
Recordkeeping requirements—Penalty.
Reporting and recordkeeping requirements—Submission of
computer readable data, copies of federal reports.
Rules.
Theft—Missing quantity—Reporting.
(2004 Ed.)
Precursor Drugs
69.43.070
69.43.080
69.43.090
69.43.100
69.43.110
69.43.120
69.43.130
69.43.140
69.43.150
69.43.160
69.43.010
Sale, transfer, or furnishing of substance for unlawful purpose—Receipt of substance with intent to use unlawfully—
Class B felony.
False statement in report or record—Class C felony.
Permit to sell, transfer, furnish, or receive substance—Exemptions—Application for permit—Fee—Renewal—Penalty.
Refusal, suspension, or revocation of a manufacturer's or
wholesaler's permit.
Ephedrine, pseudoephedrine, phenylpropanolamine—Sales
restrictions—Penalty.
Ephedrine, pseudoephedrine, phenylpropanolamine—Possession of more than fifteen grams—Penalty—Exceptions.
Exemptions—Pediatric products—Products exempted by the
state board of pharmacy.
Civil penalty—State board of pharmacy waiver.
Application of chapter to local government.
Ephedrine, pseudoephedrine, phenylpropanolamine—Methods to prevent sales violations—Department of health preparation of sign summarizing prohibitions.
69.43.010 Report to state board of pharmacy—List
of substances—Modification of list—Identification of
purchasers—Report of transactions—Penalties. (1) A
report to the state board of pharmacy shall be submitted in
accordance with this chapter by a manufacturer, wholesaler,
retailer, or other person who sells, transfers, or otherwise furnishes to any person any of the following substances or their
salts or isomers:
(a) Anthranilic acid;
(b) Barbituric acid;
(c) Chlorephedrine;
(d) Diethyl malonate;
(e) D-lysergic acid;
(f) Ephedrine;
(g) Ergotamine tartrate;
(h) Ethylamine;
(i) Ethyl malonate;
(j) Ethylephedrine;
(k) Lead acetate;
(l) Malonic acid;
(m) Methylamine;
(n) Methylformamide;
(o) Methylephedrine;
(p) Methylpseudoephedrine;
(q) N-acetylanthranilic acid;
(r) Norpseudoephedrine;
(s) Phenylacetic acid;
(t) Phenylpropanolamine;
(u) Piperidine;
(v) Pseudoephedrine; and
(w) Pyrrolidine.
(2) The state board of pharmacy shall administer this
chapter and may, by rule adopted pursuant to chapter 34.05
RCW, add a substance to or remove a substance from the list
in subsection (1) of this section. In determining whether to
add or remove a substance, the board shall consider the following:
(a) The likelihood that the substance is useable as a precursor in the illegal production of a controlled substance as
defined in chapter 69.50 RCW;
(b) The availability of the substance;
(c) The relative appropriateness of including the substance in this chapter or in chapter 69.50 RCW; and
(d) The extent and nature of legitimate uses for the substance.
(2004 Ed.)
69.43.010
(3)(a) Any manufacturer, wholesaler, retailer, or other
person shall, before selling, transferring, or otherwise furnishing any substance specified in subsection (1) of this section to any person, require proper identification from the purchaser.
(b) For the purposes of this subsection, "proper identification" means:
(i) A motor vehicle operator's license or other official
state-issued identification of the purchaser containing a photograph of the purchaser, and includes the residential or mailing address of the purchaser, other than a post office box
number;
(ii) The motor vehicle license number of any motor vehicle owned or operated by the purchaser;
(iii) A letter of authorization from any business for
which any substance specified in subsection (1) of this section is being furnished, which includes the business license
number and address of the business;
(iv) A description of how the substance is to be used; and
(v) The signature of the purchaser.
The person selling, transferring, or otherwise furnishing
any substance specified in subsection (1) of this section shall
affix his or her signature as a witness to the signature and
identification of the purchaser.
(c) A violation of or a failure to comply with this subsection is a misdemeanor.
(4) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes the substance
specified in subsection (1) of this section to any person shall,
not less than twenty-one days before delivery of the substance, submit a report of the transaction, which includes the
identification information specified in subsection (3) of this
section to the state board of pharmacy. However, the state
board of pharmacy may authorize the submission of the
reports on a monthly basis with respect to repeated, regular
transactions between the furnisher and the recipient involving
the same substance if the state board of pharmacy determines
that either of the following exist:
(a) A pattern of regular supply of the substance exists
between the manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes such substance and the recipient of the substance; or
(b) The recipient has established a record of using the
substance for lawful purposes.
(5) Any person specified in subsection (4) of this section
who does not submit a report as required by subsection (4) of
this section is guilty of a gross misdemeanor. [2001 c 96 § 2;
1998 c 245 § 107; 1988 c 147 § 1.]
Intent—2001 c 96: "Communities all over the state of Washington
have experienced an increase in the illegal manufacture of methamphetamine. Illegal methamphetamine labs create a significant threat to the health
and safety of the people of the state. Some of the chemicals and compounds
used to make methamphetamine, and the toxic wastes the process generates,
are hazards to the public health. Increases in crime, violence, and the abuse
and neglect of children present at laboratory sites are also associated with the
increasing number of illegal laboratory sites. The drugs ephedrine, pseudoephedrine, and phenylpropanolamine, which are used in the illegal manufacture of methamphetamine, have been identified as factors in the increase
in the number of illegal methamphetamine labs. Therefore, it is the intent of
the legislature to place restrictions on the sale and possession of those three
drugs in order to reduce the proliferation of illegal methamphetamine laboratories and the associated threats to public health and safety." [2001 c 96 §
1.]
[Title 69 RCW—page 53]
69.43.020
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
Severability—2001 c 96: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2001 c 96 § 15.]
69.43.020
69.43.020 Receipt of substance from source outside
state—Report—Penalty. (1) Any manufacturer, wholesaler, retailer, or other person who receives from a source
outside of this state any substance specified in RCW
69.43.010(1) shall submit a report of such transaction to the
state board of pharmacy under rules adopted by the board.
(2) Any person specified in subsection (1) of this section
who does not submit a report as required by subsection (1) of
this section is guilty of a gross misdemeanor. [2001 c 96 § 3;
1988 c 147 § 2.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.030
69.43.030 Exemptions. RCW 69.43.010 and 69.43.020
do not apply to any of the following:
(1) Any pharmacist or other authorized person who sells
or furnishes a substance upon the prescription of a practitioner, as defined in chapter 69.41 RCW;
(2) Any practitioner who administers or furnishes a substance to his or her patients;
(3) Any manufacturer or wholesaler licensed by the state
board of pharmacy who sells, transfers, or otherwise furnishes a substance to a licensed pharmacy or practitioner;
(4) Any sale, transfer, furnishing, or receipt of any drug
that contains ephedrine, phenylpropanolamine, or pseudoephedrine, or of any cosmetic that contains a substance
specified in RCW 69.43.010(1), if such drug or cosmetic is
lawfully sold, transferred, or furnished, over the counter
without a prescription under chapter 69.04 or 69.41 RCW.
[1988 c 147 § 3.]
(b) The transaction involves payment for any substance
specified in RCW 69.43.010(1) in cash or money orders in a
total amount of more than two hundred dollars.
(4) The board of pharmacy shall transmit to the department of revenue a copy of each report of a suspicious transaction that it receives under this section. [2004 c 52 § 6; 2001
c 96 § 4.]
Finding—Severability—Effective date—2004 c 52: See notes following RCW 18.64.044.
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.040
69.43.040 Reporting form. (1) The department of
health, in accordance with rules developed by the state board
of pharmacy shall provide a common reporting form for the
substances in RCW 69.43.010 that contains at least the following information:
(a) Name of the substance;
(b) Quantity of the substance sold, transferred, or furnished;
(c) The date the substance was sold, transferred, or furnished;
(d) The name and address of the person buying or receiving the substance; and
(e) The name and address of the manufacturer, wholesaler, retailer, or other person selling, transferring, or furnishing the substance.
(2) Monthly reports authorized under RCW 69.43.010(4)
may be computer-generated in accordance with rules adopted
by the department. [2001 c 96 § 7; 1989 1st ex.s. c 9 § 441;
1988 c 147 § 4.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.43.043
69.43.035
69.43.035 Suspicious transactions—Report—Penalty. (1) Any manufacturer or wholesaler who sells, transfers, or otherwise furnishes any substance specified in RCW
69.43.010(1) to any person in a suspicious transaction shall
report the transaction in writing to the state board of pharmacy.
(2) Any person specified in subsection (1) of this section
who does not submit a report as required by subsection (1) of
this section is guilty of a gross misdemeanor.
(3) For the purposes of this section, "suspicious transaction" means a sale or transfer to which any of the following
applies:
(a) The circumstances of the sale or transfer would lead
a reasonable person to believe that the substance is likely to
be used for the purpose of unlawfully manufacturing a controlled substance under chapter 69.50 RCW, based on such
factors as the amount involved, the method of payment, the
method of delivery, and any past dealings with any participant in the transaction. The state board of pharmacy shall
adopt by rule criteria for determining whether a transaction is
suspicious, taking into consideration the recommendations in
appendix A of the report to the United States attorney general
by the suspicious orders task force under the federal comprehensive methamphetamine control act of 1996.
[Title 69 RCW—page 54]
69.43.043 Recordkeeping requirements—Penalty.
(1) Any manufacturer or wholesaler who sells, transfers, or
otherwise furnishes any substance specified in RCW
69.43.010(1) to any person shall maintain a record of each
such sale or transfer. The records must contain:
(a) The name of the substance;
(b) The quantity of the substance sold, transferred, or
furnished;
(c) The date the substance was sold, transferred, or furnished;
(d) The name and address of the person buying or receiving the substance; and
(e) The method of and amount of payment for the substance.
(2) The records of sales and transfers required by this
section shall be available for inspection by the state board of
pharmacy and its authorized representatives and shall be
maintained for two years.
(3) A violation of this section is a gross misdemeanor.
[2001 c 96 § 5.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.048
69.43.048 Reporting and recordkeeping requirements—Submission of computer readable data, copies of
(2004 Ed.)
Precursor Drugs
federal reports. A manufacturer, wholesaler, retailer, or
other person who sells, transfers, or otherwise furnishes any
substance specified in RCW 69.43.010(1) and who is subject
to the reporting or recordkeeping requirements of this chapter
may satisfy the requirements by submitting to the state board
of pharmacy, and its authorized representatives:
(1) Computer readable data from which all of the
required information may be readily derived; or
(2) Copies of reports that are filed under federal law that
contain all of the information required by the particular
reporting or recordkeeping requirement of this chapter which
it is submitted to satisfy. [2001 c 96 § 6.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.050
69.43.050 Rules. (1) The state board of pharmacy may
adopt all rules necessary to carry out this chapter.
(2) Notwithstanding subsection (1) of this section, the
department of health may adopt rules necessary for the
administration of this chapter. [1989 1st ex.s. c 9 § 442; 1988
c 147 § 5.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.43.060
69.43.060 Theft—Missing quantity—Reporting. (1)
The theft or loss of any substance under RCW 69.43.010 discovered by any person regulated by this chapter shall be
reported to the state board of pharmacy within seven days
after such discovery.
(2) Any difference between the quantity of any substance
under RCW 69.43.010 received and the quantity shipped
shall be reported to the state board of pharmacy within seven
days of the receipt of actual knowledge of the discrepancy.
When applicable, any report made pursuant to this subsection
shall also include the name of any common carrier or person
who transported the substance and the date of shipment of the
substance. [1988 c 147 § 6.]
69.43.110
69.43.090
69.43.090 Permit to sell, transfer, furnish, or receive
substance—Exemptions—Application for permit—Fee—
Renewal—Penalty. (1) Any manufacturer, wholesaler,
retailer, or other person who sells, transfers, or otherwise furnishes any substance specified in RCW 69.43.010 to any person or who receives from a source outside of the state any
substance specified in RCW 69.43.010 shall obtain a permit
for the conduct of that business from the state board of pharmacy. However, a permit shall not be required of any manufacturer, wholesaler, retailer, or other person for the sale,
transfer, furnishing, or receipt of any drug that contains ephedrine, phenylpropanolamine, or pseudoephedrine, or of any
cosmetic that contains a substance specified in RCW
69.43.010(1), if such drug or cosmetic is lawfully sold, transferred, or furnished over the counter without a prescription or
by a prescription under chapter 69.04 or 69.41 RCW.
(2) Applications for permits shall be filed with the
department in writing and signed by the applicant, and shall
set forth the name of the applicant, the business in which the
applicant is engaged, the business address of the applicant,
and a full description of any substance sold, transferred, or
otherwise furnished, or received.
(3) The board may grant permits on forms prescribed by
it. The permits shall be effective for not more than one year
from the date of issuance.
(4) Each applicant shall pay at the time of filing an application for a permit a fee determined by the department.
(5) A permit granted under this chapter may be renewed
on a date to be determined by the board, and annually thereafter, upon the filing of a renewal application and the payment of a permit renewal fee determined by the department.
(6) Permit fees charged by the department shall not
exceed the costs incurred by the department in administering
this chapter.
(7) Selling, transferring, or otherwise furnishing, or
receiving any substance specified in RCW 69.43.010 without
a required permit, is a gross misdemeanor. [2001 c 96 § 8;
1989 1st ex.s. c 9 § 443; 1988 c 147 § 9.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.070
69.43.070 Sale, transfer, or furnishing of substance
for unlawful purpose—Receipt of substance with intent to
use unlawfully—Class B felony. (1) Any manufacturer,
wholesaler, retailer, or other person who sells, transfers, or
otherwise furnishes any substance listed in RCW 69.43.010
with knowledge or the intent that the recipient will use the
substance unlawfully to manufacture a controlled substance
under chapter 69.50 RCW is guilty of a class B felony under
chapter 9A.20 RCW.
(2) Any person who receives any substance listed in
RCW 69.43.010 with intent to use the substance unlawfully
to manufacture a controlled substance under chapter 69.50
RCW is guilty of a class B felony under chapter 9A.20 RCW.
[1988 c 147 § 7.]
69.43.080
69.43.080 False statement in report or record—Class
C felony. It is unlawful for any person knowingly to make a
false statement in connection with any report or record
required under this chapter. A violation of this section is a
class C felony under chapter 9A.20 RCW. [1988 c 147 § 8.]
(2004 Ed.)
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.43.100
69.43.100 Refusal, suspension, or revocation of a
manufacturer's or wholesaler's permit. The board shall
have the power to refuse, suspend, or revoke the permit of
any manufacturer or wholesaler upon proof that:
(1) The permit was procured through fraud, misrepresentation, or deceit;
(2) The permittee has violated or has permitted any
employee to violate any of the laws of this state relating to
drugs, controlled substances, cosmetics, or nonprescription
drugs, or has violated any of the rules and regulations of the
board of pharmacy. [1988 c 147 § 10.]
69.43.110
69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—Penalty. (1) It is unlawful for a pharmacy licensed by, or shopkeeper or itinerant
vendor registered with, the department of health under chapter 18.64 RCW, or an employee thereof, or a practitioner as
[Title 69 RCW—page 55]
69.43.120
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
defined in RCW 18.64.011, knowingly to sell, transfer, or to
otherwise furnish, in a single transaction:
(a) More than three packages of one or more products
that he or she knows to contain ephedrine, pseudoephedrine,
or phenylpropanolamine, their salts, isomers, or salts of isomers; or
(b) A single package of any product that he or she knows
to contain more than three grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts
of isomers, or a combination of any of these substances.
(2) It is unlawful for a person who is not a manufacturer,
wholesaler, pharmacy, practitioner, shopkeeper, or itinerant
vendor licensed by or registered with the department of
health under chapter 18.64 RCW to purchase or acquire, in
any twenty-four hour period, more than the quantities of the
substances specified in subsection (1) of this section.
(3) It is unlawful for any person to sell or distribute any
of the substances specified in subsection (1) of this section
unless the person is licensed by or registered with the department of health under chapter 18.64 RCW, or is a practitioner
as defined in RCW 18.64.011.
(4) A violation of this section is a gross misdemeanor.
[2004 c 52 § 5; 2001 c 96 § 9.]
Finding—Severability—Effective date—2004 c 52: See notes following RCW 18.64.044.
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.120
69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine—Possession of more than fifteen grams—
Penalty—Exceptions. (1) Any person who possesses more
than fifteen grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a
combination of any of those substances, is guilty of a gross
misdemeanor.
(2) This section does not apply to any of the following:
(a) A pharmacist or other authorized person who sells or
furnishes ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers upon the prescription of a practitioner, as defined in RCW 69.41.010;
(b) A practitioner who administers or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine, their salts,
isomers, or salts of isomers to his or her patients;
(c) A pharmacy, manufacturer, or wholesaler licensed
by, or shopkeeper or itinerant vendor registered with, the
department of health under chapter 18.64 RCW;
(d) A person in the course of his or her business of selling, transporting, or storing ephedrine, pseudoephedrine, or
phenylpropanolamine, their salts, isomers, or salts of isomers, for a person described in (a), (b), or (c) of this subsection; or
(e) A person in possession of more than fifteen grams of
ephedrine, pseudoephedrine, or phenylpropanolamine, their
salts, isomers, or salts of isomers in their home or residence
under circumstances consistent with typical medicinal or
household use as indicated by, but not limited to, storage
location and possession of products in a variety of strengths,
brands, types, purposes, and expiration dates. [2001 c 96 §
10.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
[Title 69 RCW—page 56]
69.43.130
69.43.130 Exemptions—Pediatric products—Products exempted by the state board of pharmacy. RCW
69.43.110 and 69.43.120 do not apply to:
(1) Pediatric products primarily intended for administration to children under twelve years of age, according to label
instructions, either: (a) In solid dosage form whose individual dosage units do not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine; or (b) in
liquid form whose recommended dosage, according to label
instructions, does not exceed fifteen milligrams of ephedrine,
pseudoephedrine, or phenylpropanolamine per five milliliters
of liquid product;
(2) Pediatric liquid products primarily intended for
administration to children under two years of age for which
the recommended dosage does not exceed two milliliters and
the total package content does not exceed one fluid ounce;
(3) Products that the state board of pharmacy, upon
application of a manufacturer, exempts by rule from RCW
69.43.110 and 69.43.120 because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, or its
salts or precursors; or
(4) Products, as packaged, that the board of pharmacy,
upon application of a manufacturer, exempts from RCW
69.43.110(1)(b) and 69.43.120 because:
(a) The product meets the federal definition of an ordinary over-the-counter pseudoephedrine product as defined in
21 U.S.C. 802;
(b) The product is a salt, isomer, or salts of isomers of
pseudoephedrine and, as packaged, has a total weight of more
than three grams but the net weight of the pseudoephedrine
base is equal to or less than three grams; and
(c) The board of pharmacy determines that the value to
the people of the state of having the product, as packaged,
available for sale to consumers outweighs the danger, and the
product, as packaged, has not been used in the illegal manufacture of methamphetamine. [2004 c 52 § 7; 2001 c 96 §
11.]
Finding—Severability—Effective date—2004 c 52: See notes following RCW 18.64.044.
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.140
69.43.140 Civil penalty—State board of pharmacy
waiver. (1) In addition to the other penalties provided for in
this chapter or in chapter 18.64 RCW, the state board of pharmacy may impose a civil penalty, not to exceed ten thousand
dollars for each violation, on any licensee or registrant who
has failed to comply with this chapter or the rules adopted
under this chapter. In the case of a continuing violation, every
day the violation continues shall be considered a separate
violation.
(2) The state board of pharmacy may waive the suspension or revocation of a license or registration issued under
chapter 18.64 RCW, or waive any civil penalty under this
chapter, if the licensee or registrant establishes that he or she
acted in good faith to prevent violations of this chapter, and
the violation occurred despite the licensee's or registrant's
exercise of due diligence. In making such a determination,
the state board of pharmacy may consider evidence that an
employer trained employees on how to sell, transfer, or oth(2004 Ed.)
Drug Samples
erwise furnish substances specified in RCW 69.43.010(1) in
accordance with applicable laws. [2001 c 96 § 12.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.150
69.43.150 Application of chapter to local government. This chapter is applicable and uniform throughout this
state and in all counties, cities, code cities, and towns therein.
A county, city, code city, or town may not adopt or enforce
any ordinance, pertaining to this chapter, which prohibits
conduct that is not prohibited under this chapter, or defining
violations or penalties different from those provided under
this chapter. However, this section does not preclude a
county, city, code city, or town from revoking, canceling,
suspending, or otherwise limiting a business or professional
license it has issued for conduct that violates any provision of
this chapter. [2001 c 96 § 13.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.160
69.43.160 Ephedrine, pseudoephedrine, phenylpropanolamine—Methods to prevent sales violations—
Department of health preparation of sign summarizing
prohibitions. (1) To prevent violations of RCW 69.43.110,
every licensee and registrant under chapter 18.64 RCW, who
sells at retail any products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or
salts of isomers, shall do either or may do both of the following:
(a) Program scanners, cash registers, or other electronic
devices used to record sales in a manner that will alert persons handling transactions to potential violations of RCW
69.43.110(1) and/or prevent such violations; or
(b) Place one or more signs on the premises to notify customers of the prohibitions of RCW 69.43.110. Any such sign
may, but is not required to, conform to the language and format prepared by the department of health under subsection
(2) of this section.
(2) The department of health shall prepare language and
format for a sign summarizing the prohibitions in RCW
69.43.110 and 69.43.120 and make the language and format
available to licensees and registrants under chapter 18.64
RCW, for voluntary use in their places of business to inform
customers and employees of the prohibitions. Nothing in this
section requires the department of health to provide licensees
or registrants with copies of signs, or any licensee or registrant to use the specific language or format prepared by the
department under this subsection. [2001 c 96 § 14.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
Chapter 69.45
Chapter 69.45 RCW
DRUG SAMPLES
Sections
69.45.010
69.45.020
69.45.030
(2004 Ed.)
Definitions.
Registration of manufacturers—Additional information
required by the department.
Records maintained by manufacturer—Report of loss or theft
of drug samples—Reports of practitioners receiving controlled substance drug samples.
69.45.040
69.45.050
69.45.060
69.45.070
69.45.080
69.45.090
69.45.900
69.45.010
Storage and transportation of drug samples—Disposal of samples which have exceeded their expiration dates.
Distribution of drug samples—Written request—No fee or
charge permitted—Possession of legend drugs or controlled
substances by manufacturers' representatives.
Disposal of surplus, outdated, or damaged drug samples.
Registration fees—Penalty.
Violations of chapter—Manufacturer's liability—Penalty—
Seizure of drug samples.
Records, reports, and information confidential—Exemption
from public inspection under chapter 42.17 RCW.
Severability—1987 c 411.
69.45.010
69.45.010 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Board" means the board of pharmacy.
(2) "Drug samples" means any federal food and drug
administration approved controlled substance, legend drug,
or products requiring prescriptions in this state, which is distributed at no charge to a practitioner by a manufacturer or a
manufacturer's representative, exclusive of drugs under clinical investigations approved by the federal food and drug
administration.
(3) "Controlled substance" means a drug, substance, or
immediate precursor of such drug or substance, so designated
under or pursuant to chapter 69.50 RCW, the uniform controlled substances act.
(4) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a
drug or device, whether or not there is an agency relationship.
(5) "Dispense" means the interpretation of a prescription
or order for a drug, biological, or device and, pursuant to that
prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that
prescription or order for delivery.
(6) "Distribute" means to deliver, other than by administering or dispensing, a legend drug.
(7) "Legend drug" means any drug that is required by
state law or by regulations of the board to be dispensed on
prescription only or is restricted to use by practitioners only.
(8) "Manufacturer" means a person or other entity
engaged in the manufacture or distribution of drugs or
devices, but does not include a manufacturer's representative.
(9) "Person" means any individual, corporation, government or governmental subdivision or agency, business trust,
estate, trust, partnership, association, or any other legal
entity.
(10) "Practitioner" means a physician under chapter
18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under
chapter 18.32 RCW, a podiatric physician and surgeon under
chapter 18.22 RCW, a veterinarian under chapter 18.92
RCW, a pharmacist under chapter 18.64 RCW, a commissioned medical or dental officer in the United States armed
forces or the public health service in the discharge of his or
her official duties, a duly licensed physician or dentist
employed by the veterans administration in the discharge of
his or her official duties, a registered nurse or advanced registered nurse practitioner under chapter 18.79 RCW when
authorized to prescribe by the nursing care quality assurance
commission, an osteopathic physician assistant under chapter
18.57A RCW when authorized by the board of osteopathic
medicine and surgery, or a physician assistant under chapter
[Title 69 RCW—page 57]
69.45.020
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
18.71A RCW when authorized by the medical quality assurance commission.
(11) "Manufacturer's representative" means an agent or
employee of a drug manufacturer who is authorized by the
drug manufacturer to possess drug samples for the purpose of
distribution in this state to appropriately authorized health
care practitioners.
(12) "Reasonable cause" means a state of facts found to
exist that would warrant a reasonably intelligent and prudent
person to believe that a person has violated state or federal
drug laws or regulations.
(13) "Department" means the department of health.
(14) "Secretary" means the secretary of health or the secretary's designee. [1994 sp.s. c 9 § 738; 1989 1st ex.s. c 9 §
444; 1987 c 411 § 1.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.45.020
69.45.020 Registration of manufacturers—Additional information required by the department. A manufacturer that intends to distribute drug samples in this state
shall register annually with the department, providing the
name and address of the manufacturer, and shall:
(1) Provide a twenty-four hour telephone number and the
name of the individual(s) who shall respond to reasonable
official inquiries from the department, as directed by the
board, based on reasonable cause, regarding required records,
reports, or requests for information pursuant to a specific
investigation of a possible violation. Each official request by
the department and each response by a manufacturer shall be
limited to the information specifically relevant to the particular official investigation. Requests for the address of sites in
this state at which drug samples are stored by the manufacturer's representative and the names and addresses of the individuals who are responsible for the storage or distribution of
the drug samples shall be responded to as soon as possible but
not later than the close of business on the next business day
following the request; or
(2) If a twenty-four hour telephone number is not available, provide the addresses of sites in this state at which drug
samples are stored by the manufacturer's representative, and
the names and addresses of the individuals who are responsible for the storage or distribution of the drug samples. The
manufacturer shall annually submit a complete updated list of
the sites and individuals to the department. [1989 1st ex.s. c
9 § 445; 1987 c 411 § 2.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.45.030
69.45.030 Records maintained by manufacturer—
Report of loss or theft of drug samples—Reports of practitioners receiving controlled substance drug samples. (1)
The following records shall be maintained by the manufacturer distributing drug samples in this state and shall be available for inspection by authorized representatives of the
department based on reasonable cause and pursuant to an
official investigation:
(a) An inventory of drug samples held in this state for
distribution, taken at least annually by a representative of the
[Title 69 RCW—page 58]
manufacturer other than the individual in direct control of the
drug samples;
(b) Records or documents to account for all drug samples
distributed, destroyed, or returned to the manufacturer. The
records shall include records for sample drugs signed for by
practitioners, dates and methods of destruction, and any dates
of returns; and
(c) Copies of all reports of lost or stolen drug samples.
(2) All required records shall be maintained for two
years and shall include transaction dates.
(3) Manufacturers shall report to the department the discovery of any loss or theft of drug samples as soon as possible
but not later than the close of business on the next business
day following the discovery.
(4) Manufacturers shall report to the department as frequently as, and at the same time as, their other reports to the
federal drug enforcement administration, or its lawful successor, the name, address and federal registration number for
each practitioner who has received controlled substance drug
samples and the name, strength and quantity of the controlled
substance drug samples distributed. [1989 1st ex.s. c 9 § 446;
1987 c 411 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.45.040
69.45.040 Storage and transportation of drug samples—Disposal of samples which have exceeded their
expiration dates. (1) Drug samples shall be stored in compliance with the requirements of federal and state laws, rules,
and regulations.
(2) Drug samples shall be maintained in a locked area to
which access is limited to persons authorized by the manufacturer.
(3) Drug samples shall be stored and transported in such
a manner as to be free of contamination, deterioration, and
adulteration.
(4) Drug samples shall be stored under conditions of
temperature, light, moisture, and ventilation so as to meet the
label instructions for each drug.
(5) Drug samples which have exceeded the expiration
date shall be physically separated from other drug samples
until disposed of or returned to the manufacturer. [1987 c
411 § 4.]
69.45.050
69.45.050 Distribution of drug samples—Written
request—No fee or charge permitted—Possession of legend drugs or controlled substances by manufacturers'
representatives. (1) Drug samples may be distributed by a
manufacturer or a manufacturer's representative only to practitioners legally authorized to prescribe such drugs or, at the
request of such practitioner, to pharmacies of hospitals or
other health care entities. The recipient of the drug sample
must execute a written receipt upon delivery that is returned
to the manufacturer or the manufacturer's representative.
(2) Drug samples may be distributed by a manufacturer
or a manufacturer's representative only to a practitioner
legally authorized to prescribe such drugs pursuant to a written request for such samples. The request shall contain:
(a) The recipient's name, address, and professional designation;
(2004 Ed.)
Uniform Controlled Substances Act
(b) The name, strength, and quantity of the drug samples
delivered;
(c) The name or identification of the manufacturer and of
the individual distributing the drug sample; and
(d) The dated signature of the practitioner requesting the
drug sample.
(3) No fee or charge may be imposed for sample drugs
distributed in this state.
(4) A manufacturer's representative shall not possess legend drugs or controlled substances other than those distributed by the manufacturer they represent. Nothing in this section prevents a manufacturer's representative from possessing
a legally prescribed and dispensed legend drug or controlled
substance. [1989 c 164 § 2; 1987 c 411 § 5.]
Legislative finding—1989 c 164: "The legislature finds that chapter
69.45 RCW is more restrictive than the federal prescription drug marketing
act of 1987, and the legislature further finds that a change in chapter 69.45
RCW accepting the position of the federal law is beneficial to the citizens of
this state." [1989 c 164 § 1.]
Chapter 69.50
69.45.090 Records, reports, and information confidential—Exemption from public inspection under chapter 42.17 RCW. All records, reports, and information
obtained by the board from or on behalf of a manufacturer or
manufacturer's representative under this chapter are confidential and exempt from public inspection and copying under
chapter 42.17 RCW. This section does not apply to public
disclosure of the identity of persons found by the board to
have violated state or federal law, rules, or regulations. This
section is not intended to restrict the investigations and proceedings of the board so long as the board maintains the confidentiality required by this section. [1987 c 411 § 9.]
69.45.090
69.45.900 Severability—1987 c 411. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 411 § 12.]
69.45.900
Chapter 69.50 RCW
UNIFORM CONTROLLED SUBSTANCES ACT
Chapter 69.50
69.45.060
69.45.060 Disposal of surplus, outdated, or damaged
drug samples. Surplus, outdated, or damaged drug samples
shall be disposed of as follows:
(1) Returned to the manufacturer; or
(2) Witnessed destruction by such means as to assure
that the drug cannot be retrieved. However, controlled substances shall be returned to the manufacturer or disposed of in
accordance with rules adopted by the board: PROVIDED,
That the board shall adopt by rule the regulations of the federal drug enforcement administration or its lawful successor
unless, stating reasonable grounds, it adopts rules consistent
with such regulations. [1987 c 411 § 6.]
69.45.070
69.45.070 Registration fees—Penalty. The department may charge reasonable fees for registration. The registration fee shall not exceed the fee charged by the department
for a pharmacy location license. If the registration fee is not
paid on or before the date due, a renewal or new registration
may be issued only upon payment of the registration renewal
fee and a penalty fee equal to the registration renewal fee.
[1991 c 229 § 8; 1989 1st ex.s. c 9 § 447; 1987 c 411 § 7.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.45.080
69.45.080 Violations of chapter—Manufacturer's
liability—Penalty—Seizure of drug samples. (1) The
manufacturer is responsible for the actions and conduct of its
representatives with regard to drug samples.
(2) The board may hold a public hearing to examine a
possible violation and may require a designated representative of the manufacturer to attend.
(3) If a manufacturer fails to comply with this chapter
following notification by the board, the board may impose a
civil penalty of up to five thousand dollars. The board shall
take no action to impose any civil penalty except pursuant to
a hearing held in accordance with chapter 34.05 RCW.
(4) Specific drug samples which are distributed in this
state in violation of this chapter, following notification by the
board, shall be subject to seizure following the procedures set
out in RCW 69.41.060. [1987 c 411 § 8.]
(2004 Ed.)
Sections
ARTICLE I—DEFINITIONS
69.50.101
69.50.102
Definitions.
Drug paraphernalia—Definitions.
ARTICLE II—STANDARDS AND SCHEDULES
69.50.201
69.50.202
69.50.203
69.50.204
69.50.205
69.50.206
69.50.207
69.50.208
69.50.209
69.50.210
69.50.211
69.50.212
69.50.213
69.50.214
Enforcement of chapter—Authority to change schedules of
controlled substances.
Nomenclature.
Schedule I tests.
Schedule I.
Schedule II tests.
Schedule II.
Schedule III tests.
Schedule III.
Schedule IV tests.
Schedule IV.
Schedule V tests.
Schedule V.
Republishing of schedules.
Controlled substance analog.
ARTICLE III—REGULATION OF MANUFACTURE, DISTRIBUTION,
AND DISPENSING OF CONTROLLED SUBSTANCES
69.50.301
69.50.302
69.50.303
69.50.304
69.50.305
69.50.306
69.50.308
69.50.309
69.50.310
69.50.311
69.50.312
69.50.320
Rules—Fees.
Registration requirements.
Registration.
Revocation and suspension of registration—Seizure or placement under seal of controlled substances.
Procedure for denial, suspension, or revocation of registration.
Records of registrants.
Prescriptions.
Containers.
Sodium pentobarbital—Registration of humane societies and
animal control agencies for use in animal control.
Triplicate prescription form program—Compliance by health
care practitioners.
Electronic communication of prescription information—
Board may adopt rules.
Registration of department of fish and wildlife for use in
chemical capture programs—Rules.
ARTICLE IV—OFFENSES AND PENALTIES
69.50.401
69.50.4011
69.50.4012
69.50.4013
69.50.4014
69.50.4015
Prohibited acts: A—Penalties.
Counterfeit substances—Penalties.
Delivery of substance in lieu of controlled substance—Penalty.
Possession of controlled substance—Penalty.
Possession of forty grams or less of marihuana—Penalty.
Involving a person under eighteen in unlawful controlled substance transaction—Penalty.
[Title 69 RCW—page 59]
69.50.101
69.50.4016
69.50.402
69.50.403
69.50.404
69.50.405
69.50.406
69.50.407
69.50.408
69.50.410
69.50.412
69.50.4121
69.50.413
69.50.414
69.50.415
69.50.416
69.50.420
69.50.425
69.50.430
69.50.435
69.50.440
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
Provisions not applicable to offenses under RCW 69.50.410.
Prohibited acts: B—Penalties.
Prohibited acts: C—Penalties.
Penalties under other laws.
Bar to prosecution.
Distribution to persons under age eighteen.
Conspiracy.
Second or subsequent offenses.
Prohibited acts: D—Penalties.
Prohibited acts: E—Penalties.
Drug paraphernalia—Selling or giving—Penalty.
Health care practitioners—Suspension of license for violation
of chapter.
Sale or transfer of controlled substance to minor—Cause of
action by parent—Damages.
Controlled substances homicide—Penalty.
Counterfeit substances prohibited—Penalties.
Violations—Juvenile driving privileges.
Misdemeanor violations—Minimum penalties.
Additional fine for certain felony violations.
Violations committed in or on certain public places or facilities—Additional penalty—Defenses—Construction—Definitions.
Possession with intent to manufacture—Penalty.
ARTICLE V—ENFORCEMENT AND
ADMINISTRATIVE PROVISIONS
69.50.500
69.50.501
69.50.502
69.50.503
69.50.504
69.50.505
69.50.506
69.50.507
69.50.508
69.50.509
69.50.510
69.50.511
69.50.520
69.50.525
Powers of enforcement personnel.
Administrative inspections.
Warrants for administrative inspections.
Injunctions.
Cooperative arrangements.
Seizure and forfeiture.
Burden of proof; liabilities.
Judicial review.
Education and research.
Search and seizure of controlled substances.
Search and seizure at rental premises—Notification of landlord.
Clean-up of hazardous substances at illegal drug manufacturing facility—Rules.
Violence reduction and drug enforcement account.
Diversion prevention and control—Report.
ARTICLE VI—MISCELLANEOUS
69.50.601
69.50.602
69.50.603
69.50.604
69.50.605
69.50.606
69.50.607
69.50.608
69.50.609
Pending proceedings.
Continuation of rules.
Uniformity of interpretation.
Short title.
Severability—1971 ex.s. c 308.
Repealers.
Effective date—1971 ex.s. c 308.
State preemption.
Captions not law—1993 c 187.
Drug nuisances—Injunctions: Chapter 7.43 RCW.
ARTICLE I
DEFINITIONS
69.50.101 Definitions. Unless the context clearly
requires otherwise, definitions of terms shall be as indicated
where used in this chapter:
(a) "Administer" means to apply a controlled substance,
whether by injection, inhalation, ingestion, or any other
means, directly to the body of a patient or research subject by:
(1) a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or
(2) the patient or research subject at the direction and in
the presence of the practitioner.
(b) "Agent" means an authorized person who acts on
behalf of or at the direction of a manufacturer, distributor, or
dispenser. It does not include a common or contract carrier,
public warehouseperson, or employee of the carrier or warehouseperson.
(c) "Board" means the state board of pharmacy.
69.50.101
[Title 69 RCW—page 60]
(d) "Controlled substance" means a drug, substance, or
immediate precursor included in Schedules I through V as set
forth in federal or state laws, or federal or board rules.
(e)(1) "Controlled substance analog" means a substance
the chemical structure of which is substantially similar to the
chemical structure of a controlled substance in Schedule I or
II and:
(i) that has a stimulant, depressant, or hallucinogenic
effect on the central nervous system substantially similar to
the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in
Schedule I or II; or
(ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant,
or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled
substance included in Schedule I or II.
(2) The term does not include:
(i) a controlled substance;
(ii) a substance for which there is an approved new drug
application;
(iii) a substance with respect to which an exemption is in
effect for investigational use by a particular person under
Section 505 of the federal Food, Drug and Cosmetic Act, 21
U.S.C. Sec. 355, to the extent conduct with respect to the substance is pursuant to the exemption; or
(iv) any substance to the extent not intended for human
consumption before an exemption takes effect with respect to
the substance.
(f) "Deliver" or "delivery," means the actual or constructive transfer from one person to another of a substance,
whether or not there is an agency relationship.
(g) "Department" means the department of health.
(h) "Dispense" means the interpretation of a prescription
or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that
prescription or order for delivery.
(i) "Dispenser" means a practitioner who dispenses.
(j) "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(k) "Distributor" means a person who distributes.
(l) "Drug" means (1) a controlled substance recognized
as a drug in the official United States pharmacopoeia/national
formulary or the official homeopathic pharmacopoeia of the
United States, or any supplement to them; (2) controlled substances intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in individuals or animals;
(3) controlled substances (other than food) intended to affect
the structure or any function of the body of individuals or animals; and (4) controlled substances intended for use as a
component of any article specified in (1), (2), or (3) of this
subsection. The term does not include devices or their components, parts, or accessories.
(m) "Drug enforcement administration" means the drug
enforcement administration in the United States Department
of Justice, or its successor agency.
(n) "Immediate precursor" means a substance:
(1) that the state board of pharmacy has found to be and
by rule designates as being the principal compound com(2004 Ed.)
Uniform Controlled Substances Act
monly used, or produced primarily for use, in the manufacture of a controlled substance;
(2) that is an immediate chemical intermediary used or
likely to be used in the manufacture of a controlled substance;
and
(3) the control of which is necessary to prevent, curtail,
or limit the manufacture of the controlled substance.
(o) "Isomer" means an optical isomer, but in RCW
6 9 . 5 0 . 1 0 1 ( r ) ( 5 ) , 6 9 . 5 0 .2 0 4 ( a ) ( 1 2 ) a n d ( 3 4 ) , a n d
69.50.206(a)(4), the term includes any geometrical isomer; in
RCW 69.50.204(a) (8) and (42), and 69.50.210(c) the term
includes any positional isomer; and in RCW
69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term
includes any positional or geometric isomer.
(p) "Manufacture" means the production, preparation,
propagation, compounding, conversion, or processing of a
controlled substance, either directly or indirectly or by
extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or
relabeling of a controlled substance:
(1) by a practitioner as an incident to the practitioner's
administering or dispensing of a controlled substance in the
course of the practitioner's professional practice; or
(2) by a practitioner, or by the practitioner's authorized
agent under the practitioner's supervision, for the purpose of,
or as an incident to, research, teaching, or chemical analysis
and not for sale.
(q) "Marijuana" or "marihuana" means all parts of the
plant Cannabis, whether growing or not; the seeds thereof;
the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation
of the plant, its seeds or resin. The term does not include the
mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation
of the mature stalks (except the resin extracted therefrom),
fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination.
(r) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) Opium, opium derivative, and any derivative of
opium or opium derivative, including their salts, isomers, and
salts of isomers, whenever the existence of the salts, isomers,
and salts of isomers is possible within the specific chemical
designation. The term does not include the isoquinoline alkaloids of opium.
(2) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific
chemical designation.
(3) Poppy straw and concentrate of poppy straw.
(2004 Ed.)
69.50.101
(4) Coca leaves, except coca leaves and extracts of coca
leaves from which cocaine, ecgonine, and derivatives or
ecgonine or their salts have been removed.
(5) Cocaine, or any salt, isomer, or salt of isomer thereof.
(6) Cocaine base.
(7) Ecgonine, or any derivative, salt, isomer, or salt of
isomer thereof.
(8) Any compound, mixture, or preparation containing
any quantity of any substance referred to in subparagraphs (1)
through (7).
(s) "Opiate" means any substance having an addictionforming or addiction-sustaining liability similar to morphine
or being capable of conversion into a drug having addictionforming or addiction-sustaining liability. The term includes
opium, substances derived from opium (opium derivatives),
and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and
its salts (dextromethorphan). The term includes the racemic
and levorotatory forms of dextromethorphan.
(t) "Opium poppy" means the plant of the species
Papaver somniferum L., except its seeds.
(u) "Person" means individual, corporation, business
trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other
legal or commercial entity.
(v) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(w) "Practitioner" means:
(1) A physician under chapter 18.71 RCW, a physician
assistant under chapter 18.71A RCW, an osteopathic physician and surgeon under chapter 18.57 RCW, an optometrist
licensed under chapter 18.53 RCW who is certified by the
optometry board under RCW 18.53.010 subject to any limitations in RCW 18.53.010, a dentist under chapter 18.32 RCW,
a podiatric physician and surgeon under chapter 18.22 RCW,
a veterinarian under chapter 18.92 RCW, a registered nurse,
advanced registered nurse practitioner, or licensed practical
nurse under chapter 18.79 RCW, a pharmacist under chapter
18.64 RCW or a scientific investigator under this chapter,
licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research
in this state.
(2) A pharmacy, hospital or other institution licensed,
registered, or otherwise permitted to distribute, dispense,
conduct research with respect to or to administer a controlled
substance in the course of professional practice or research in
this state.
(3) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine
and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine in any state of the United States.
(x) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule
in the state of Washington to prescribe controlled substances
within the scope of his or her professional practice for a legitimate medical purpose.
[Title 69 RCW—page 61]
69.50.102
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(y) "Production" includes the manufacturing, planting,
cultivating, growing, or harvesting of a controlled substance.
(z) "Secretary" means the secretary of health or the secretary's designee.
(aa) "State," unless the context otherwise requires,
means a state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, or a territory or insular
possession subject to the jurisdiction of the United States.
(bb) "Ultimate user" means an individual who lawfully
possesses a controlled substance for the individual's own use
or for the use of a member of the individual's household or for
administering to an animal owned by the individual or by a
member of the individual's household.
(cc) "Electronic communication of prescription information" means the communication of prescription information
by computer, or the transmission of an exact visual image of
a prescription by facsimile, or other electronic means for
original prescription information or prescription refill information for a Schedule III-V controlled substance between an
authorized practitioner and a pharmacy or the transfer of prescription information for a controlled substance from one
pharmacy to another pharmacy. [2003 c 142 § 4; 1998 c 222
§ 3; 1996 c 178 § 18; 1994 sp.s. c 9 § 739; 1993 c 187 § 1.
Prior: 1990 c 248 § 1; 1990 c 219 § 3; 1990 c 196 § 8; 1989
1st ex.s. c 9 § 429; 1987 c 144 § 2; 1986 c 124 § 1; 1984 c 153
§ 18; 1980 c 71 § 2; 1973 2nd ex.s. c 38 § 1; 1971 ex.s. c 308
§ 69.50.101.]
Severability—2003 c 142: See note following RCW 18.53.010.
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Finding—1990 c 219: See note following RCW 69.41.030.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1973 2nd ex.s. c 38: "If any of the provisions of this
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the amendatory act, or the application of the provision to other persons or circumstances, or the act prior to its amendment is
not affected." [1973 2nd ex.s. c 38 § 3.]
69.50.102
69.50.102 Drug paraphernalia—Definitions. (a) As
used in this chapter, "drug paraphernalia" means all equipment, products, and materials of any kind which are used,
intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. It includes,
but is not limited to:
(1) Kits used, intended for use, or designed for use in
planting, propagating, cultivating, growing, or harvesting of
any species of plant which is a controlled substance or from
which a controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in
manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(3) Isomerization devices used, intended for use, or
designed for use in increasing the potency of any species of
plant which is a controlled substance;
[Title 69 RCW—page 62]
(4) Testing equipment used, intended for use, or
designed for use in identifying or in analyzing the strength,
effectiveness, or purity of controlled substances;
(5) Scales and balances used, intended for use, or
designed for use in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended
for use, or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or
designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana;
(8) Blenders, bowls, containers, spoons, and mixing
devices used, intended for use, or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes, and other containers
used, intended for use, or designed for use in packaging small
quantities of controlled substances;
(10) Containers and other objects used, intended for use,
or designed for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles, and other objects
used, intended for use, or designed for use in parenterally
injecting controlled substances into the human body;
(12) Objects used, intended for use, or designed for use
in ingesting, inhaling, or otherwise introducing marihuana,
cocaine, hashish, or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic, or
ceramic pipes with or without screens, permanent screens,
hashish heads, or punctured metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips: Meaning objects used to hold burning
material, such as a marihuana cigarette, that has become too
small or too short to be held in the hand;
(vi) Miniature cocaine spoons, and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(ix) Electric pipes;
(x) Air-driven pipes;
(xi) Chillums;
(xii) Bongs; and
(xiii) Ice pipes or chillers.
(b) In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the
following:
(1) Statements by an owner or by anyone in control of
the object concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in
control of the object, under any state or federal law relating to
any controlled substance;
(3) The proximity of the object, in time and space, to a
direct violation of this chapter;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances
on the object;
(6) Direct or circumstantial evidence of the intent of an
owner, or of anyone in control of the object, to deliver it to
persons whom he knows, or should reasonably know, intend
(2004 Ed.)
Uniform Controlled Substances Act
to use the object to facilitate a violation of this chapter; the
innocence of an owner, or of anyone in control of the object,
as to a direct violation of this chapter shall not prevent a finding that the object is intended or designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object
concerning its use;
(8) Descriptive materials accompanying the object
which explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for
sale;
(11) Whether the owner, or anyone in control of the
object, is a legitimate supplier of like or related items to the
community, such as a licensed distributor or dealer of
tobacco products;
(12) Direct or circumstantial evidence of the ratio of
sales of the object(s) to the total sales of the business enterprise;
(13) The existence and scope of legitimate uses for the
object in the community; and
(14) Expert testimony concerning its use. [1981 c 48 §
1.]
Severability—1981 c 48: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 48 § 4.]
ARTICLE II
STANDARDS AND SCHEDULES
69.50.201
69.50.201 Enforcement of chapter—Authority to
change schedules of controlled substances. (a) The state
board of pharmacy shall enforce this chapter and may add
substances to or delete or reschedule substances listed in
RCW 69.50.204, 69.50.206, 69.50.208, 69.50.210, or
69.50.212 pursuant to the procedures of chapter 34.05 RCW.
(1) In making a determination regarding a substance, the
board shall consider the following:
(i) the actual or relative potential for abuse;
(ii) the scientific evidence of its pharmacological effect,
if known;
(iii) the state of current scientific knowledge regarding
the substance;
(iv) the history and current pattern of abuse;
(v) the scope, duration, and significance of abuse;
(vi) the risk to the public health;
(vii) the potential of the substance to produce psychic or
physiological dependence liability; and
(viii) whether the substance is an immediate precursor of
a controlled substance.
(2) The board may consider findings of the federal Food
and Drug Administration or the Drug Enforcement Administration as prima facie evidence relating to one or more of the
determinative factors.
(b) After considering the factors enumerated in subsection (a) of this section, the board shall make findings with
respect thereto and adopt and cause to be published a rule
controlling the substance upon finding the substance has a
potential for abuse.
(2004 Ed.)
69.50.201
(c) The board, without regard to the findings required by
subsection (a) of this section or RCW 69.50.203, 69.50.205,
69.50.207, 69.50.209, and 69.50.211 or the procedures prescribed by subsections (a) and (b) of this section, may place
an immediate precursor in the same schedule in which the
controlled substance of which it is an immediate precursor is
placed or in any other schedule. If the board designates a substance as an immediate precursor, substances that are precursors of the controlled precursor are not subject to control
solely because they are precursors of the controlled precursor.
(d) If a substance is designated, rescheduled, or deleted
as a controlled substance under federal law, the board shall
similarly control the substance under this chapter after the
expiration of thirty days from the date of publication in the
federal register of a final order designating the substance as a
controlled substance or rescheduling or deleting the substance or from the date of issuance of an order of temporary
scheduling under Section 508 of the federal Dangerous Drug
Diversion Control Act of 1984, 21 U.S.C. Sec. 811(h), unless
within that thirty-day period, the board or an interested party
objects to inclusion, rescheduling, temporary scheduling, or
deletion. If no objection is made, the board shall adopt and
cause to be published, without the necessity of making determinations or findings as required by subsection (a) of this
section or RCW 69.50.203, 69.50.205, 69.50.207, 69.50.209,
and 69.50.211, a final rule, for which notice of proposed rule
making is omitted, designating, rescheduling, temporarily
scheduling, or deleting the substance. If an objection is made,
the board shall make a determination with respect to the designation, rescheduling, or deletion of the substance as provided by subsection (a) of this section. Upon receipt of an
objection to inclusion, rescheduling, or deletion under this
chapter by the board, the board shall publish notice of the
receipt of the objection, and control under this chapter is
stayed until the board adopts a rule as provided by subsection
(a) of this section.
(e) The board, by rule and without regard to the requirements of subsection (a) of this section, may schedule a substance in Schedule I regardless of whether the substance is
substantially similar to a controlled substance in Schedule I
or II if the board finds that scheduling of the substance on an
emergency basis is necessary to avoid an imminent hazard to
the public safety and the substance is not included in any
other schedule or no exemption or approval is in effect for the
substance under Section 505 of the federal Food, Drug, and
Cosmetic Act, 21 U.S.C. Sec. 355. Upon receipt of notice
under RCW 69.50.214, the board shall initiate scheduling of
the controlled substance analog on an emergency basis pursuant to this subsection. The scheduling of a substance under
this subsection expires one year after the adoption of the
scheduling rule. With respect to the finding of an imminent
hazard to the public safety, the board shall consider whether
the substance has been scheduled on a temporary basis under
federal law or factors set forth in subsection (a)(1)(iv), (v),
and (vi) of this section, and may also consider clandestine
importation, manufacture, or distribution, and, if available,
information concerning the other factors set forth in subsection (a)(1) of this section. A rule may not be adopted under
this subsection until the board initiates a rule-making proceeding under subsection (a) of this section with respect to
[Title 69 RCW—page 63]
69.50.202
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
the substance. A rule adopted under this subsection must be
vacated upon the conclusion of the rule-making proceeding
initiated under subsection (a) of this section with respect to
the substance.
(g) [(f)] Authority to control under this section does not
extend to distilled spirits, wine, malt beverages, or tobacco as
those terms are defined or used in Titles 66 and 26 RCW.
[1998 c 245 § 108; 1993 c 187 § 2; 1989 1st ex.s. c 9 § 430;
1986 c 124 § 2; 1971 ex.s. c 308 § 69.50.201.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.50.202
69.50.202 Nomenclature. The controlled substances
listed or to be listed in the schedules in RCW 69.50.204,
69.50.206, 69.50.208, 69.50.210, and 69.50.212 are included
by whatever official, common, usual, chemical, or trade
name designated. [1971 ex.s. c 308 § 69.50.202.]
69.50.203
69.50.203 Schedule I tests. (a) The state board of pharmacy shall place a substance in Schedule I upon finding that
the substance:
(1) has high potential for abuse;
(2) has no currently accepted medical use in treatment in
the United States; and
(3) lacks accepted safety for use in treatment under medical supervision.
(b) The board may place a substance in Schedule I without making the findings required by subsection (a) of this section if the substance is controlled under Schedule I of the federal Controlled Substances Act by a federal agency as the
result of an international treaty, convention, or protocol.
[1993 c 187 § 3; 1971 ex.s. c 308 § 69.50.203.]
69.50.204
69.50.204 Schedule I. Unless specifically excepted by
state or federal law or regulation or more specifically
included in another schedule, the following controlled substances are listed in Schedule I:
(a) Any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers
whenever the existence of these isomers, esters, ethers, and
salts is possible within the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2phenethyl)-4-piperidinyl]-N-phenylacetamide);
(2) Acetylmethadol;
(3) Allylprodine;
(4) Alphacetylmethadol;
(5) Alphameprodine;
(6) Alphamethadol;
(7) Alpha-methylfentanyl (N-[1-(alpha-methyl-betaphenyl) ethyl-4-piperidyl] propionanilide); (1-(1-methyl-2phenylethyl)-4-(N-propanilido) piperidine);
(8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(9) Benzethidine;
(10) Betacetylmethadol;
(11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl some trade or other
names: N-[1-(2-hydrox-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
[Title 69 RCW—page 64]
(13) Betameprodine;
(14) Betamethadol;
(15) Betaprodine;
(16) Clonitazene;
(17) Dextromoramide;
(18) Diampromide;
(19) Diethylthiambutene;
(20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26) Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Furethidine;
(30) Hydroxypethidine;
(31) Ketobemidone;
(32) Levomoramide;
(33) Levophenacylmorphan;
(34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)4-piperidyl]-N-phenylprop anamide);
(35)
3-Methylthiofentanyl
(N-[(3-methyl-1-(2thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(36) Morpheridine;
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) Noracymethadol;
(39) Norlevorphanol;
(40) Normethadone;
(41) Norpipanone;
(42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2phenethyl)-4-piperidinyl] propanamide);
(43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) Phenadoxone;
(45) Phenampromide;
(46) Phenomorphan;
(47) Phenoperidine;
(48) Piritramide;
(49) Proheptazine;
(50) Properidine;
(51) Propiram;
(52) Racemoramide;
(53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4piperidinyl]-propanaminde);
(54) Tilidine;
(55) Trimeperidine.
(b) Opium derivatives. Unless specifically excepted or
unless listed in another schedule, any of the following opium
derivatives, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(2004 Ed.)
Uniform Controlled Substances Act
(7) Desomorphine;
(8) 3,4-methylenedioxy-N-ethylamphetamine some
trade or other names: N-ethyl-alpha-methyl3,4(methylenedioxy)phenthylamine, N-ethyl MDA, MDE,
MDEA;
(9) N-hydroxy-3,4-methylenedioxyamphetamine some
trade or other names: N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA;
(10) Dihydromorphine;
(11) Drotebanol;
(12) Etorphine, except hydrochloride salt;
(13) Heroin;
(14) Hydromorphinol;
(15) Methyldesorphine;
(16) Methyldihydromorphine;
(17) Morphine methylbromide;
(18) Morphine methylsulfonate;
(19) Morphine-N-Oxide;
(20) Myrophine;
(21) Nicocodeine;
(22) Nicomorphine;
(23) Normorphine;
(24) Pholcodine;
(25) Thebacon.
(c) Hallucinogenic substances. Unless specifically
excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including
their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible
within the specific chemical designation.
(1) 4-bromo-2,5-dimethoxy-amphetamine: Some trade
or other names: 4-bromo-2,5-dimethoxy-a-methylphenethylamine; 4-bromo-2,5-DMA;
(2) 2,5-dimethoxyamphetamine: Some trade or other
names: 2,5-dimethoxy-a-methylphenethylamine; 2,5-DMA;
(3) 4-methoxyamphetamine: Some trade or other
names:
4-methoxy-a-methylphenethylamine;
paramethoxyamphetamine, PMA;
(4) 5-methoxy-3,4-methylenedioxy-amphetamine;
(5) 4-methyl-2,5-dimethoxy-amphetamine: Some trade
and other names: 4-methyl-2,5-dimethoxy-a-methylphenethylamine; "DOM"; and "STP";
(6) 3,4-methylenedioxy amphetamine;
(7) 3,4-methylenedioxymethamphetamine (MDMA);
(8) 3,4,5-trimethoxy amphetamine;
(9) Bufotenine: Some trade or other names: 3-(betaDimethylaminoethyl)-5-hydroxindole;
3-(2dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5hydroxy-N,N-dimethyltryptamine; mappine;
(10) Diethyltryptamine: Some trade or other names:
N,N-Diethyltryptamine; DET;
(11) Dimethyltryptamine: Some trade or other names:
DMT;
(12) Ibogaine: Some trade or other names: 7-Ethyl-6,6
beta,7,8,9,10,12,13,-octahydro-2-methoxy-6,9-methano-5Hpyndo (1',2' 1,2) azepino (5,4-b) indole; Tabernanthe iboga;
(13) Lysergic acid diethylamide;
(14) Marihuana or marijuana;
(15) Mescaline;
(2004 Ed.)
69.50.204
(16) Parahexyl-7374: Some trade or other names: 3Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6Hdibenzo[b,d]pyran; synhexyl;
(17) Peyote, meaning all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire,
whether growing or not, the seeds thereof, any extract from
any part of such plant, and every compound, manufacture,
salts, derivative, mixture, or preparation of such plant, its
seeds, or extracts; (interprets 21 U.S.C. Sec. 812 (c), Schedule I (c)(12));
(18) N-ethyl-3-piperidyl benzilate;
(19) N-methyl-3-piperidyl benzilate;
(20) Psilocybin;
(21) Psilocyn;
(22) Tetrahydrocannabinols, synthetic equivalents of the
substances contained in the plant, or in the resinous extractives of Cannabis, species, and/ or synthetic substances,
derivatives, and their isomers with similar chemical structure
and pharmacological activity such as the following:
(i) Delta 1 - cis - or trans tetrahydrocannabinol, and their
optical isomers, excluding tetrahydrocannabinol in sesame
oil and encapsulated in a soft gelatin capsule in a drug product approved by the United States Food and Drug Administration;
(ii) Delta 6 - cis - or trans tetrahydrocannabinol, and their
optical isomers;
(iii) Delta 3,4 - cis - or trans tetrahydrocannabinol, and
its optical isomers;
(Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of
numerical designation of atomic positions covered.)
(23) Ethylamine analog of phencyclidine: Some trade or
other names: N-ethyl-1phenylcyclohexalymine, (1-phenylcyclohexl) ethylamine; N-(1-phenylcyclohexyl)ethylamine;
cyclohexamine; PCE;
(24) Pyrrolidine analog of phencyclidine: Some trade or
other names: 1-(1-phencyclohexyl)pyrrolidine; PCPy; PHP;
(25) Thiophene analog of phencyclidine: Some trade or
other names: 1-(1-[2-thenyl]-cyclohexly)-pipendine; 2-thienylanalog of phencyclidine; TPCP; TCP;
(26) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine: A trade or
other name is TCPy.
(d) Depressants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture,
or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation.
(1) Mecloqualone;
(2) Methaqualone.
(e) Stimulants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture,
or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers, and salts of isomers:
(1) Fenethylline;
(2) (+-)cis-4-methylaminorex ((+-)cis-4,5-dihydro-4methyl-5-phenyl-2-oxazolamine);
(3) N-ethylamphetamine;
[Title 69 RCW—page 65]
69.50.205
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(4) N,N-dimethylamphetamine: Some trade or other
names: N,N-alpha-trimethyl-benzeneethanamine; N,Nalpha-trimethylphenoethylene.
The controlled substances in this section may be
rescheduled or deleted as provided for in RCW 69.50.201.
[1993 c 187 § 4; 1986 c 124 § 3; 1980 c 138 § 1; 1971 ex.s. c
308 § 69.50.204.]
State board of pharmacy may change schedules of controlled substances:
RCW 69.50.201.
69.50.205 Schedule II tests. (a) The state board of
pharmacy shall place a substance in Schedule II upon finding
that:
(1) the substance has high potential for abuse;
(2) the substance has currently accepted medical use in
treatment in the United States, or currently accepted medical
use with severe restrictions; and
(3) the abuse of the substance may lead to severe psychological or physical dependence.
(b) The state board of pharmacy may place a substance
in Schedule II without making the findings required by subsection (a) of this section if the substance is controlled under
Schedule II of the federal Controlled Substances Act by a
federal agency as the result of an international treaty, convention, or protocol. [1993 c 187 § 5; 1971 ex.s. c 308 §
69.50.205.]
69.50.205
69.50.206 Schedule II. (a) The drugs and other substances listed in this section, by whatever official name, common or usual name, chemical name, or brand name designated, are included in Schedule II.
(b) Substances. (Vegetable origin or chemical synthesis.)
Unless specifically excepted, any of the following substances, except those listed in other schedules, whether produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, nalmefene, naloxone, and
naltrexone, and their respective salts, but including the following:
(i) Raw opium;
(ii) Opium extracts;
(iii) Opium fluid;
(iv) Powdered opium;
(v) Granulated opium;
(vi) Tincture of opium;
(vii) Codeine;
(viii) Ethylmorphine;
(ix) Etorphine hydrochloride;
(x) Hydrocodone;
(xi) Hydromorphone;
(xii) Metopon;
(xiii) Morphine;
(xiv) Oxycodone;
(xv) Oxymorphone; and
(xvi) Thebaine.
(2) Any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with
69.50.206
[Title 69 RCW—page 66]
any of the substances referred to in subsection (b)(1) of this
section, but not including the isoquinoline alkaloids of
opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative, or
preparation of coca leaves including cocaine and ecgonine,
and their salts, isomers, derivatives, and salts of isomers and
derivatives, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with
any of these substances, but not including decocainized coca
leaves or extractions of coca leaves which do not contain
cocaine or ecgonine.
(5) Methylbenzoylecgonine (cocaine — its salts, optical
isomers, and salts of optical isomers).
(6) Concentrate of poppy straw (The crude extract of
poppy straw in either liquid, solid, or powder form which
contains the phenanthrene alkaloids of the opium poppy.)
(c) Opiates. Unless specifically excepted or unless in
another schedule, any of the following synthetic opiates,
including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific
chemical designation, dextrorphan and levopropoxyphene
excepted:
(1) Alfentanil;
(2) Alphaprodine;
(3) Anileridine;
(4) Bezitramide;
(5) Bulk dextropropoxyphene (nondosage forms);
(6) Carfentanil;
(7) Dihydrocodeine;
(8) Diphenoxylate;
(9) Fentanyl;
(10) Isomethadone;
(11) Levomethorphan;
(12) Levorphanol;
(13) Metazocine;
(14) Methadone;
(15) Methadone—Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(16) Moramide—Intermediate, 2-methyl-3-morpholino1, 1-diphenylpropane-carboxylic acid;
(17) Pethidine (meperidine);
(18) Pethidine—Intermediate-A, 4-cyano-1-methyl-4phenylpiperidine;
(19) Pethidine—Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(20) Pethidine—Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(21) Phenazocine;
(22) Piminodine;
(23) Racemethorphan;
(24) Racemorphan;
(25) Sufentanil.
(d) Stimulants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture,
or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system:
(1) Amphetamine, its salts, optical isomers, and salts of
its optical isomers;
(2004 Ed.)
Uniform Controlled Substances Act
(2) Methamphetamine, its salts, isomers, and salts of its
isomers;
(3) Phenmetrazine and its salts;
(4) Methylphenidate.
(e) Depressants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture,
or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) Amobarbital;
(2) Glutethimide;
(3) Pentobarbital;
(4) Phencyclidine;
(5) Secobarbital.
(f) Hallucinogenic substances.
(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and
Drug Administration approved drug product. (Some other
names for dronabinol [6aR-trans]-6a,7,8,10a-tetrahydro6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-i-ol, or (-)delta-9-(trans)-tetrahydrocannabinol.)
(2) Nabilone: Some trade or other names are ( ± )trans3-(1,1-dimethlheptyl)-6,6a,7,8,10,10a-hexahydro-1hydroxy-6,6-dimethyl-9H-dibenzol[b,d]pyran-9-one.
(g) Immediate precursors. Unless specifically excepted
or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the
following substances:
(1) Immediate precursor to amphetamine and methamphetamine:
(i) Phenylacetone: Some trade or other names phenyl-2propanone, P2P, benzyl methyl ketone, methyl benzyl
ketone.
(2) Immediate precursors to phencyclidine (PCP):
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile (PCC).
The controlled substances in this section may be
rescheduled or deleted as provided for in RCW 69.50.201.
[1993 c 187 § 6; 1986 c 124 § 4; 1980 c 138 § 2; 1971 ex.s. c
308 § 69.50.206.]
State board of pharmacy may change schedules of controlled substances:
RCW 69.50.201.
69.50.207 Schedule III tests. (a) The state board of
pharmacy shall place a substance in Schedule III upon finding that:
(1) the substance has a potential for abuse less than the
substances included in Schedules I and II;
(2) the substance has currently accepted medical use in
treatment in the United States; and
(3) abuse of the substance may lead to moderate or low
physical dependence or high psychological dependence.
(b) The state board of pharmacy may place a substance
in Schedule III without making the findings required by subsection (a) of this section if the substance is controlled under
Schedule III of the federal Controlled Substances Act by a
federal agency as the result of an international treaty, convention, or protocol. [1993 c 187 § 7; 1971 ex.s. c 308 §
69.50.207.]
69.50.207
(2004 Ed.)
69.50.208
69.50.208 Schedule III. Unless specifically excepted
by state or federal law or regulation or more specifically
included in another schedule, the following controlled substances are listed in Schedule III:
(a) Any material, compound, mixture, or preparation
containing any quantity of the following substances having a
stimulant effect on the central nervous system, including their
salts, isomers, and salts of isomers whenever the existence of
those salts, isomers, and salts of isomers is possible within
the specific chemical designation:
(1) Any compound, mixture, or preparation in dosage
unit form containing any stimulant substance included in
Schedule II and which was listed as an excepted compound
on August 25, 1971, pursuant to the federal Controlled Substances Act, and any other drug of the quantitative composition shown in that list for those drugs or which is the same
except for containing a lesser quantity of controlled substances;
(2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Phendimetrazine.
(b) Depressants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture,
or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system:
(1) Any compound, mixture, or preparation containing:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital;
or any salt thereof and one or more other active medicinal
ingredients which are not listed in any schedule;
(2) Any suppository dosage form containing:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital;
or any salt of any of these drugs and approved by the Food
and Drug Administration for marketing only as a suppository;
(3) Any substance which contains any quantity of a
derivative of barbituric acid, or any salt of a derivative of barbituric acid;
(4) Chlorhexadol;
(5) Lysergic acid;
(6) Lysergic acid amide;
(7) Methyprylon;
(8) Sulfondiethylmethane;
(9) Sulfonethylmethane;
(10) Sulfonmethane;
(11) Tiletamine and zolazepam or any of their salts—
some trade or other names for a tiletamine-zolazepam combination product: Telazol, some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl) cyclohexanone, some
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8dihydro-1,3,8-trimethylpyrazolo-[3,4-e][1,4]- diazepin7(1H)-one flupyrazapon.
(c) Nalorphine.
(d) Anabolic steroids. The term "anabolic steroid" means
any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens,
69.50.208
[Title 69 RCW—page 67]
69.50.209
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
progestins, and corticosteroids) that promotes muscle
growth, and includes:
(1) Boldenone;
(2) Chlorotestosterone;
(3) Clostebol;
(4) Dehydrochlormethyltestosterone;
(5) Dihydrotestosterone;
(6) Drostanolone;
(7) Ethylestrenol;
(8) Fluoxymesterone;
(9) Formebulone;
(10) Mesterolone;
(11) Methandienone;
(12) Methandranone;
(13) Methandriol;
(14) Methandrostenolone;
(15) Methenolone;
(16) Methyltestosterone;
(17) Mibolerone;
(18) Nanrolone [nandrolone];
(19) Norethandrolone;
(20) Oxandrolone;
(21) Oxymesterone;
(22) Oxymetholone;
(23) Stanolone;
(24) Stanozolol;
(25) Testolactone;
(26) Testosterone;
(27) Trenbolone; and
(28) Any salt, ester, or isomer of a drug or substance
described or listed in this subsection, if that salt, ester, or isomer promotes muscle growth. Except such term does not
include an anabolic steroid which is expressly intended for
administration through implants to cattle or other nonhuman
species and which has been approved by the secretary of
health and human services for such administration. If any
person prescribes, dispenses, or distributes such steroid for
human use such person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within
the meaning of this subsection.
(e) Narcotic drugs. Unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture, or preparation containing limited quantities of any
of the following narcotic drugs, or any salts thereof calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in this subsection:
(1) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an
equal or greater quantity of an isoquinoline alkaloid of
opium;
(2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one
or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(3) Not more than 300 milligrams of dihydrocodeinone
per 100 milliliters or not more than 15 milligrams per dosage
unit, with a fourfold or greater quantity of an isoquinoline
alkaloid of opium;
(4) Not more than 300 milligrams of dihydrocodeinone
per 100 milliliters or not more than 15 milligrams per dosage
[Title 69 RCW—page 68]
unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(5) Not more than 1.8 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(6) Not more than 300 milligrams of ethylmorphine per
100 milliliters or not more than 15 milligrams per dosage
unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per
dosage unit, with one or more active, nonnarcotic ingredients
in recognized therapeutic amounts;
(8) Not more than 50 milligrams of morphine per 100
milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
The state board of pharmacy may except by rule any
compound, mixture, or preparation containing any stimulant
or depressant substance listed in subsection (a)(1) and (2) of
this section from the application of all or any part of this
chapter if the compound, mixture, or preparation contains
one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if
the admixtures are in combinations, quantity, proportion, or
concentration that vitiate the potential for abuse of the substances having a stimulant or depressant effect on the central
nervous system.
The controlled substances listed in this section may be
rescheduled or deleted as provided for in RCW 69.50.201.
[1993 c 187 § 8; 1986 c 124 § 5; 1980 c 138 § 3; 1971 ex.s. c
308 § 69.50.208.]
State board of pharmacy may change schedules of controlled substances:
RCW 69.50.201.
69.50.209 Schedule IV tests. (a) The state board of
pharmacy shall place a substance in Schedule IV upon finding that:
(1) the substance has a low potential for abuse relative to
substances in Schedule III;
(2) the substance has currently accepted medical use in
treatment in the United States; and
(3) abuse of the substance may lead to limited physical
dependence or psychological dependence relative to the substances included in Schedule III.
(b) The state board of pharmacy may place a substance
in Schedule IV without making the findings required by subsection (a) of this section if the substance is controlled under
Schedule IV of the federal Controlled Substances Act by a
federal agency as the result of an international treaty, convention, or protocol. [1993 c 187 § 9; 1971 ex.s. c 308 §
69.50.209.]
69.50.209
69.50.210 Schedule IV. Unless specifically excepted
by state or federal law or regulation or more specifically
included in another schedule, the following controlled substances are listed in Schedule IV:
(a) Any material, compound, mixture, or preparation
containing any of the following narcotic drugs, or their salts
calculated as the free anhydrous base or alkaloid, in limited
quantities as set forth below:
69.50.210
(2004 Ed.)
Uniform Controlled Substances Act
(1) Not more than 1 milligram of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit.
(2) Dextropropoxyphene (alpha-(+)-4-dimethylamino1,2-diphenyl-3-methyl-2-propionoxybutane).
(b) Depressants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture,
or preparation containing any quantity of the following substances having a depressant effect on the central nervous system, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers
is possible within the specific chemical designation:
(1) Alprazolam;
(2) Barbital;
(3) Bromazepam;
(4) Camazepam;
(5) Chloral betaine;
(6) Chloral hydrate;
(7) Chlordiazepoxide;
(8) Clobazam;
(9) Clonazepam;
(10) Clorazepate;
(11) Clotiazepam;
(12) Cloxazolam;
(13) Delorazepam;
(14) Diazepam;
(15) Estazolam;
(16) Ethchlorvynol;
(17) Ethinamate;
(18) Ethyl loflazepate;
(19) Fludiazepam;
(20) Flunitrazepam;
(21) Flurazepam;
(22) Halazepam;
(23) Haloxazolam;
(24) Ketazolam;
(25) Loprazolam;
(26) Lorazepam;
(27) Lormetazepam;
(28) Mebutamate;
(29) Medazepam;
(30) Meprobamate;
(31) Methohexital;
(32) Methylphenobarbital (mephobarbital);
(33) Midazolam;
(34) Nimetazepam;
(35) Nitrazepam;
(36) Nordiazepam;
(37) Oxazepam;
(38) Oxazolam;
(39) Paraldehyde;
(40) Petrichloral;
(41) Phenobarbital;
(42) Pinazepam;
(43) Prazepam;
(44) Quazepam;
(45) Temazepam;
(46) Tetrazepam;
(47) Triazolam.
(c) Any material, compound, mixture, or preparation
containing any quantity of the following substance, including
its salts, isomers, and salts of such isomers, whenever the
(2004 Ed.)
69.50.212
existence of such salts, isomers, and salts of isomers is possible: Fenfluramine.
(d) Stimulants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture,
or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, and salts of isomers:
(1) Cathine((+)norpseudoephedrine);
(2) Diethylpropion;
(3) Fencamfamin;
(4) Fenproporex;
(5) Mazindol;
(6) Mefenorex;
(7) Pemoline (including organometallic complexes and
chelates thereof);
(8) Phentermine;
(9) Pipradrol;
(10) SPA ((-)-1-dimethylamino-1, 2-dephenylethane).
(e) Other substances. Unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture, or preparation containing any quantity of the following substance, including its salts:
(1) Pentazocine.
The state board of pharmacy may except by rule any
compound, mixture, or preparation containing any depressant
substance listed in subsection (b) of this section from the
application of all or any part of this chapter if the compound,
mixture, or preparation contains one or more active medicinal
ingredients not having a depressant effect on the central nervous system, and if the admixtures are in combinations,
quantity, proportion, or concentration that vitiate the potential for abuse of the substances having a depressant effect on
the central nervous system.
The controlled substances listed in this section may be
rescheduled or deleted as provided for in RCW 69.50.201.
[1993 c 187 § 10; 1986 c 124 § 6; 1981 c 147 § 2; 1980 c 138
§ 4; 1971 ex.s. c 308 § 69.50.210.]
State board of pharmacy may change schedules of controlled substances:
RCW 69.50.201.
69.50.211
69.50.211 Schedule V tests. (a) The state board of
pharmacy shall place a substance in Schedule V upon finding
that:
(1) the substance has low potential for abuse relative to
the controlled substances included in Schedule IV;
(2) the substance has currently accepted medical use in
treatment in the United States; and
(3) abuse of the substance may lead to limited physical
dependence or psychological dependence relative to the substances included in Schedule IV.
(b) The state board of pharmacy may place a substance
in Schedule V without being required to make the findings
required by subsection (a) of this section if the substance is
controlled under Schedule V of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol. [1993 c 187 § 11; 1971
ex.s. c 308 § 69.50.211.]
69.50.212
69.50.212 Schedule V. Unless specifically excepted by
state or federal law or regulation or more specifically
[Title 69 RCW—page 69]
69.50.213
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
included in another schedule, the following controlled substances are listed in Schedule V:
(a) Any material, compound, mixture, or preparation
containing any of the following narcotic drug and its salts:
Buprenorphine.
(b) Any compound, mixture, or preparation containing
any of the following narcotic drugs, or their salts calculated
as the free anhydrous base or alkaloid, in limited quantities as
set forth in this subsection, which also contains one or more
nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation,
valuable medicinal qualities other than those possessed by
the narcotic drug alone:
(1) Not more than 200 milligrams of codeine per 100
milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per
100 milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per
100 milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and
not less than 25 micrograms of atropine sulfate per dosage
unit;
(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(6) Not more than 0.5 milligrams of difenoxin and not
less than 25 micrograms of atropine sulfate per dosage unit.
(c) Any material, compound, mixture, or preparation
containing any quantity of the following substances having a
stimulant effect on the central nervous system, including their
salts, isomers, and salts of isomers: Pyrovalerone.
The controlled substances listed in this section may be
rescheduled or deleted as provided for in RCW 69.50.201.
[1993 c 187 § 12; 1986 c 124 § 7; 1980 c 138 § 5; 1971 ex.s.
c 308 § 69.50.212.]
State board of pharmacy may change schedules of controlled substances:
RCW 69.50.201.
69.50.213
69.50.213 Republishing of schedules. The state board
of pharmacy shall publish updated schedules annually. Failure to publish updated schedules is not a defense in any
administrative or judicial proceeding under this chapter.
[1993 c 187 § 13; 1971 ex.s. c 308 § 69.50.213.]
69.50.214
69.50.214 Controlled substance analog. A controlled
substance analog, to the extent intended for human consumption, shall be treated, for the purposes of this chapter, as a
substance included in Schedule I. Within thirty days after the
initiation of prosecution with respect to a controlled substance analog by indictment or information, the prosecuting
attorney shall notify the state board of pharmacy of information relevant to emergency scheduling as provided for in
*RCW 69.50.201(f). After final determination that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may continue or take place. [1993 c 187 § 14.]
ARTICLE III
REGULATION OF MANUFACTURE, DISTRIBUTION,
AND DISPENSING OF CONTROLLED SUBSTANCES
69.50.301 Rules—Fees. The board may adopt rules and
the department may charge reasonable fees, relating to the
registration and control of the manufacture, distribution, and
dispensing of controlled substances within this state. [1993 c
187 § 15; 1991 c 229 § 9; 1989 1st ex.s. c 9 § 431; 1971 ex.s.
c 308 § 69.50.301.]
69.50.301
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.50.302 Registration requirements. (a) Every person who manufactures, distributes, or dispenses any controlled substance within this state or who proposes to engage
in the manufacture, distribution, or dispensing of any controlled substance within this state, shall obtain annually a registration issued by the department in accordance with the
board's rules.
(b) A person registered by the department under this
chapter to manufacture, distribute, dispense, or conduct
research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by the registration and in conformity with this Article.
(c) The following persons need not register and may lawfully possess controlled substances under this chapter:
(1) an agent or employee of any registered manufacturer,
distributor, or dispenser of any controlled substance if the
agent or employee is acting in the usual course of business or
employment. This exemption shall not include any agent or
employee distributing sample controlled substances to
practitioners without an order;
(2) a common or contract carrier or warehouseman, or an
employee thereof, whose possession of any controlled substance is in the usual course of business or employment;
(3) an ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner
or in lawful possession of a substance included in Schedule
V.
(d) The board may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers
upon finding it consistent with the public health and safety.
Personal practitioners licensed or registered in the state of
Washington under the respective professional licensing acts
shall not be required to be registered under this chapter unless
the specific exemption is denied pursuant to RCW 69.50.305
for violation of any provisions of this chapter.
(e) A separate registration is required at each principal
place of business or professional practice where the applicant
manufactures, distributes, or dispenses controlled substances.
(f) The department may inspect the establishment of a
registrant or applicant for registration in accordance with
rules adopted by the board. [1993 c 187 § 16; 1989 1st ex.s.
c 9 § 432; 1971 ex.s. c 308 § 69.50.302.]
69.50.302
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.50.303 Registration. (a) The department shall register an applicant to manufacture or distribute controlled sub69.50.303
*Reviser's note: RCW 69.50.201 was amended by 1998 c 245 § 108,
changing subsection (f) to subsection (e).
[Title 69 RCW—page 70]
(2004 Ed.)
Uniform Controlled Substances Act
stances included in RCW 69.50.204, 69.50.206, 69.50.208,
69.50.210, and 69.50.212 unless the board determines that
the issuance of that registration would be inconsistent with
the public interest. In determining the public interest, the
board shall consider the following factors:
(1) maintenance of effective controls against diversion
of controlled substances into other than legitimate medical,
scientific, research, or industrial channels;
(2) compliance with applicable state and local law;
(3) promotion of technical advances in the art of manufacturing controlled substances and the development of new
substances;
(4) any convictions of the applicant under any laws of
another country or federal or state laws relating to any controlled substance;
(5) past experience in the manufacture or distribution of
controlled substances, and the existence in the applicant's
establishment of effective controls against diversion of controlled substances into other than legitimate medical, scientific, research, or industrial channels;
(6) furnishing by the applicant of false or fraudulent
material in any application filed under this chapter;
(7) suspension or revocation of the applicant's federal
registration to manufacture, distribute, or dispense controlled
substances as authorized by federal law; and
(8) any other factors relevant to and consistent with the
public health and safety.
(b) Registration under subsection (a) of this section does
not entitle a registrant to manufacture or distribute controlled
substances included in Schedule I or II other than those specified in the registration.
(c) Practitioners must be registered, or exempted under
RCW 69.50.302(d), to dispense any controlled substances or
to conduct research with controlled substances included in
Schedules II through V if they are authorized to dispense or
conduct research under the law of this state. The board need
not require separate registration under this Article for practitioners engaging in research with nonnarcotic substances
included in Schedules II through V where the registrant is
already registered under this Article in another capacity.
Practitioners registered under federal law to conduct research
with substances included in Schedule I may conduct research
with substances included in Schedule I within this state upon
furnishing the board evidence of that federal registration.
(d) A manufacturer or distributor registered under the
federal Controlled Substances Act, 21 U.S.C. Sec. 801 et
seq., may submit a copy of the federal application as an application for registration as a manufacturer or distributor under
this section. The board may require a manufacturer or distributor to submit information in addition to the application for
registration under the federal act. [1993 c 187 § 17; 1989 1st
ex.s. c 9 § 433; 1971 ex.s. c 308 § 69.50.303.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.50.305
(1) furnished false or fraudulent material information in
any application filed under this chapter;
(2) been convicted of a felony under any state or federal
law relating to any controlled substance;
(3) had the registrant's federal registration suspended or
revoked and is no longer authorized by federal law to manufacture, distribute, or dispense controlled substances; or
(4) committed acts that would render registration under
RCW 69.50.303 inconsistent with the public interest as determined under that section.
(b) The board may limit revocation or suspension of a
registration to the particular controlled substance or schedule
of controlled substances, with respect to which grounds for
revocation or suspension exist.
(c) If the board suspends or revokes a registration, all
controlled substances owned or possessed by the registrant at
the time of suspension or the effective date of the revocation
order may be placed under seal. No disposition may be made
of substances under seal until the time for taking an appeal
has elapsed or until all appeals have been concluded unless a
court, upon application, orders the sale of perishable substances and the deposit of the proceeds of the sale with the
court. Upon a revocation order becoming final, all controlled
substances may be forfeited to the state.
(d) The department may seize or place under seal any
controlled substance owned or possessed by a registrant
whose registration has expired or who has ceased to practice
or do business in the manner contemplated by the registration. The controlled substance must be held for the benefit of
the registrant or the registrant's successor in interest. The
department shall notify a registrant, or the registrant's successor in interest, who has any controlled substance seized or
placed under seal, of the procedures to be followed to secure
the return of the controlled substance and the conditions
under which it will be returned. The department may not dispose of any controlled substance seized or placed under seal
under this subsection until the expiration of one hundred
eighty days after the controlled substance was seized or
placed under seal. The costs incurred by the department in
seizing, placing under seal, maintaining custody, and disposing of any controlled substance under this subsection may be
recovered from the registrant, any proceeds obtained from the
disposition of the controlled substance, or from both. Any
balance remaining after the costs have been recovered from
the proceeds of any disposition must be delivered to the registrant or the registrant's successor in interest.
(e) The department shall promptly notify the drug
enforcement administration of all orders restricting, suspending, or revoking registration and all forfeitures of controlled
substances. [1993 c 187 § 18; 1989 1st ex.s. c 9 § 434; 1986
c 124 § 8; 1971 ex.s. c 308 § 69.50.304.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.50.305
69.50.304
69.50.304 Revocation and suspension of registration—Seizure or placement under seal of controlled substances. (a) A registration, or exemption from registration,
under RCW 69.50.303 to manufacture, distribute, or dispense
a controlled substance may be suspended or revoked by the
state board of pharmacy upon finding that the registrant has:
(2004 Ed.)
69.50.305 Procedure for denial, suspension, or revocation of registration. (a) Any registration, or exemption
from registration, issued pursuant to the provisions of this
chapter shall not be denied, suspended, or revoked unless the
board denies, suspends, or revokes such registration, or
exemption from registration, by proceedings consistent with
the administrative procedure act, chapter 34.05 RCW.
[Title 69 RCW—page 71]
69.50.306
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(b) The board may suspend any registration simultaneously with the institution of proceedings under RCW
69.50.304, or where renewal of registration is refused, if it
finds that there is an imminent danger to the public health or
safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the
board or dissolved by a court of competent jurisdiction.
[1971 ex.s. c 308 § 69.50.305.]
69.50.306
69.50.306 Records of registrants. Persons registered,
or exempted from registration under RCW 69.50.302(d), to
manufacture, distribute, dispense, or administer controlled
substances under this chapter shall keep records and maintain
inventories in conformance with the record-keeping and
inventory requirements of federal law and with any additional rules the state board of pharmacy issues. [1971 ex.s. c
308 § 69.50.306.]
69.50.308
69.50.308 Prescriptions. (a) A controlled substance
may be dispensed only as provided in this section.
(b) Except when dispensed directly by a practitioner
authorized to prescribe or administer a controlled substance,
other than a pharmacy, to an ultimate user, a substance
included in Schedule II may not be dispensed without the
written prescription of a practitioner.
(1) Schedule II narcotic substances may be dispensed by
a pharmacy pursuant to a facsimile prescription under the following circumstances:
(i) The facsimile prescription is transmitted by a practitioner to the pharmacy; and
(ii) The facsimile prescription is for a patient in a longterm care facility. "Long-term care facility" means nursing
homes licensed under chapter 18.51 RCW, boarding homes
licensed under chapter 18.20 RCW, and adult family homes
licensed under chapter 70.128 RCW; or
(iii) The facsimile prescription is for a patient of a hospice program certified or paid for by medicare under Title
XVIII; or
(iv) The facsimile prescription is for a patient of a hospice program licensed by the state; and
(v) The practitioner or the practitioner's agent notes on
the facsimile prescription that the patient is a long-term care
or hospice patient.
(2) Injectable Schedule II narcotic substances that are to
be compounded for patient use may be dispensed by a pharmacy pursuant to a facsimile prescription if the facsimile prescription is transmitted by a practitioner to the pharmacy.
(3) Under (1) and (2) of this subsection the facsimile prescription shall serve as the original prescription and shall be
maintained as other Schedule II narcotic substances prescriptions.
(c) In emergency situations, as defined by rule of the
state board of pharmacy, a substance included in Schedule II
may be dispensed upon oral prescription of a practitioner,
reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of RCW 69.50.306. A prescription for a substance
included in Schedule II may not be refilled.
[Title 69 RCW—page 72]
(d) Except when dispensed directly by a practitioner
authorized to prescribe or administer a controlled substance,
other than a pharmacy, to an ultimate user, a substance
included in Schedule III or IV, which is a prescription drug as
determined under RCW 69.04.560, may not be dispensed
without a written or oral prescription of a practitioner. Any
oral prescription must be promptly reduced to writing. The
prescription shall not be filled or refilled more than six
months after the date thereof or be refilled more than five
times, unless renewed by the practitioner.
(e) A valid prescription or lawful order of a practitioner,
in order to be effective in legalizing the possession of controlled substances, must be issued in good faith for a legitimate medical purpose by one authorized to prescribe the use
of such controlled substance. An order purporting to be a prescription not in the course of professional treatment is not a
valid prescription or lawful order of a practitioner within the
meaning and intent of this chapter; and the person who knows
or should know that the person is filling such an order, as well
as the person issuing it, can be charged with a violation of this
chapter.
(f) A substance included in Schedule V must be distributed or dispensed only for a medical purpose.
(g) A practitioner may dispense or deliver a controlled
substance to or for an individual or animal only for medical
treatment or authorized research in the ordinary course of that
practitioner's profession. Medical treatment includes dispensing or administering a narcotic drug for pain, including
intractable pain.
(h) No administrative sanction, or civil or criminal liability, authorized or created by this chapter may be imposed on
a pharmacist for action taken in reliance on a reasonable
belief that an order purporting to be a prescription was issued
by a practitioner in the usual course of professional treatment
or in authorized research.
(i) An individual practitioner may not dispense a substance included in Schedule II, III, or IV for that individual
practitioner's personal use. [2001 c 248 § 1; 1993 c 187 § 19;
1971 ex.s. c 308 § 69.50.308.]
69.50.309
69.50.309 Containers. A person to whom or for whose
use any controlled substance has been prescribed, sold, or
dispensed by a practitioner, and the owner of any animal for
which such controlled substance has been prescribed, sold, or
dispensed may lawfully possess it only in the container in
which it was delivered to him by the person selling or dispensing the same. [1971 ex.s. c 308 § 69.50.309.]
69.50.310
69.50.310 Sodium pentobarbital—Registration of
humane societies and animal control agencies for use in
animal control. On and after September 21, 1977, a humane
society and animal control agency may apply to the department for registration pursuant to the applicable provisions of
this chapter for the sole purpose of being authorized to purchase, possess, and administer sodium pentobarbital to euthanize injured, sick, homeless, or unwanted domestic pets and
animals. Any agency so registered shall not permit a person
to administer sodium pentobarbital unless such person has
demonstrated adequate knowledge of the potential hazards
and proper techniques to be used in administering this drug.
(2004 Ed.)
Uniform Controlled Substances Act
The department may issue a limited registration to carry
out the provisions of this section. The board shall promulgate
such rules as it deems necessary to insure strict compliance
with the provisions of this section. The board may suspend or
revoke registration upon determination that the person
administering sodium pentobarbital has not demonstrated
adequate knowledge as herein provided. This authority is
granted in addition to any other power to suspend or revoke
registration as provided by law. [1989 1st ex.s. c 9 § 435;
1977 ex.s. c 197 § 1.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.50.311
69.50.311 Triplicate prescription form program—
Compliance by health care practitioners. Any licensed
health care practitioner with prescription or dispensing
authority shall, as a condition of licensure and as directed by
the practitioner's disciplinary board, consent to the requirement, if imposed, of complying with a triplicate prescription
form program as may be established by rule by the department of health. [1989 1st ex.s. c 9 § 436; 1984 c 153 § 20.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.50.312
69.50.312 Electronic communication of prescription
information—Board may adopt rules. (1) Information
concerning an original prescription or information concerning a prescription refill for a controlled substance may be
electronically communicated to a pharmacy of the patient's
choice pursuant to the provisions of this chapter if the electronically communicated prescription information complies
with the following:
(a) Electronically communicated prescription information must comply with all applicable statutes and rules
regarding the form, content, recordkeeping, and processing
of a prescription for a legend drug;
(b) The system used for transmitting electronically communicated prescription information and the system used for
receiving electronically communicated prescription information must be approved by the board. This subsection does not
apply to currently used facsimile equipment transmitting an
exact visual image of the prescription. The board shall maintain and provide, upon request, a list of systems used for electronically communicating prescription information currently
approved by the board;
(c) An explicit opportunity for practitioners must be
made to indicate their preference on whether a therapeutically equivalent generic drug may be substituted;
(d) Prescription drug orders are confidential health information, and may be released only to the patient or the
patient's authorized representative, the prescriber or other
authorized practitioner then caring for the patient, or other
persons specifically authorized by law to receive such information;
(e) To maintain confidentiality of prescription records,
the electronic system shall have adequate security and systems safeguards designed to prevent and detect unauthorized
access, modification, or manipulation of these records. The
pharmacist in charge shall establish or verify the existence of
policies and procedures which ensure the integrity and confidentiality of prescription information transmitted to the phar(2004 Ed.)
69.50.401
macy by electronic means. All managers, employees, and
agents of the pharmacy are required to read, sign, and comply
with the established policies and procedures; and
(f) The pharmacist shall exercise professional judgment
regarding the accuracy, validity, and authenticity of the prescription drug order received by way of electronic transmission, consistent with federal and state laws and rules and
guidelines of the board.
(2) The board may adopt rules implementing this section. [1998 c 222 § 4.]
69.50.320
69.50.320 Registration of department of fish and
wildlife for use in chemical capture programs—Rules.
The department of fish and wildlife may apply to the department of health for registration pursuant to the applicable provisions of this chapter to purchase, possess, and administer
controlled substances for use in chemical capture programs.
The department of fish and wildlife must not permit a person
to administer controlled substances unless the person has
demonstrated adequate knowledge of the potential hazards
and proper techniques to be used in administering controlled
substances.
The department of health may issue a limited registration
to carry out the provisions of this section. The board may
adopt rules to ensure strict compliance with the provisions of
this section. The board, in consultation with the department
of fish and wildlife, must by rule add or remove additional
controlled substances for use in chemical capture programs.
The board shall suspend or revoke registration upon determination that the person administering controlled substances
has not demonstrated adequate knowledge as required by this
section. This authority is granted in addition to any other
power to suspend or revoke registration as provided by law.
[2003 c 175 § 2.]
Findings—2003 c 175: "The legislature finds that the department of
fish and wildlife is responsible for the proper management of the state's
diverse wildlife resources. Wildlife management often requires the department of fish and wildlife to immobilize individual animals in order for the
animals to be moved, treated, examined, or for other legitimate purposes.
The legislature finds that it is often necessary for the department to use certain controlled substances to accomplish these purposes. Therefore, the legislature finds that the department of fish and wildlife, in coordination with
the board of pharmacy, must be enabled to use approved controlled substances in order to accomplish its legitimate wildlife management goals."
[2003 c 175 § 1.]
ARTICLE IV
OFFENSES AND PENALTIES
69.50.401
69.50.401 Prohibited acts: A—Penalties. (1) Except
as authorized by this chapter, it is unlawful for any person to
manufacture, deliver, or possess with intent to manufacture
or deliver, a controlled substance.
(2) Any person who violates this section with respect to:
(a) A controlled substance classified in Schedule I or II
which is a narcotic drug or flunitrazepam classified in Schedule IV, is guilty of a class B felony and upon conviction may
be imprisoned for not more than ten years, or (i) fined not
more than twenty-five thousand dollars if the crime involved
less than two kilograms of the drug, or both such imprisonment and fine; or (ii) if the crime involved two or more kilograms of the drug, then fined not more than one hundred
[Title 69 RCW—page 73]
69.50.4011
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
thousand dollars for the first two kilograms and not more than
fifty dollars for each gram in excess of two kilograms, or both
such imprisonment and fine;
(b) Amphetamine or methamphetamine, is guilty of a
class B felony and upon conviction may be imprisoned for
not more than ten years, or (i) fined not more than twenty-five
thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (ii)
if the crime involved two or more kilograms of the drug, then
fined not more than one hundred thousand dollars for the first
two kilograms and not more than fifty dollars for each gram
in excess of two kilograms, or both such imprisonment and
fine. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the
fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine.
The fine moneys deposited with that law enforcement agency
must be used for such clean-up cost;
(c) Any other controlled substance classified in Schedule
I, II, or III, is guilty of a class C felony punishable according
to chapter 9A.20 RCW;
(d) A substance classified in Schedule IV, except flunitrazepam, is guilty of a class C felony punishable according
to chapter 9A.20 RCW; or
(e) A substance classified in Schedule V, is guilty of a
class C felony punishable according to chapter 9A.20 RCW.
[2003 c 53 § 331. Prior: 1998 c 290 § 1; 1998 c 82 § 2; 1997
c 71 § 2; 1996 c 205 § 2; 1989 c 271 § 104; 1987 c 458 § 4;
1979 c 67 § 1; 1973 2nd ex.s. c 2 § 1; 1971 ex.s. c 308 §
69.50.401.]
(c) Any other counterfeit substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter 9A.20 RCW;
(d) A counterfeit substance classified in Schedule IV,
except flunitrazepam, is guilty of a class C felony punishable
according to chapter 9A.20 RCW;
(e) A counterfeit substance classified in Schedule V, is
guilty of a class C felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 332.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.4012
69.50.4012 Delivery of substance in lieu of controlled
substance—Penalty. (1) It is unlawful, except as authorized
in this chapter and chapter 69.41 RCW, for any person to
offer, arrange, or negotiate for the sale, gift, delivery, dispensing, distribution, or administration of a controlled substance to any person and then sell, give, deliver, dispense,
distribute, or administer to that person any other liquid, substance, or material in lieu of such controlled substance.
(2) Any person who violates this section is guilty of a
class C felony punishable according to chapter 9A.20 RCW.
[2003 c 53 § 333.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.4013
Application—1998 c 290: "This act applies to crimes committed on or
after July 1, 1998." [1998 c 290 § 9.]
69.50.4013 Possession of controlled substance—Penalty. (1) It is unlawful for any person to possess a controlled
substance unless the substance was obtained directly from, or
pursuant to, a valid prescription or order of a practitioner
while acting in the course of his or her professional practice,
or except as otherwise authorized by this chapter.
(2) Except as provided in RCW 69.50.4014, any person
who violates this section is guilty of a class C felony punishable under chapter 9A.20 RCW. [2003 c 53 § 334.]
Effective date—1998 c 290: "This act takes effect July 1, 1998." [1998
c 290 § 10.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1998 c 290: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1998 c 290 § 11.]
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
Severability—1987 c 458: See note following RCW 48.21.160.
69.50.4014
69.50.4014 Possession of forty grams or less of marihuana—Penalty. Except as provided in RCW
69.50.401(2)(c), any person found guilty of possession of
forty grams or less of marihuana is guilty of a misdemeanor.
[2003 c 53 § 335.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Serious drug offenders, notice of release or escape: RCW 9.94A.610.
69.50.4015
69.50.4011
69.50.4011 Counterfeit substances—Penalties. (1)
Except as authorized by this chapter, it is unlawful for any
person to create, deliver, or possess a counterfeit substance.
(2) Any person who violates this section with respect to:
(a) A counterfeit substance classified in Schedule I or II
which is a narcotic drug, or flunitrazepam classified in
Schedule IV, is guilty of a class B felony and upon conviction
may be imprisoned for not more than ten years, fined not
more than twenty-five thousand dollars, or both;
(b) A counterfeit substance which is methamphetamine,
is guilty of a class B felony and upon conviction may be
imprisoned for not more than ten years, fined not more than
twenty-five thousand dollars, or both;
[Title 69 RCW—page 74]
69.50.4015 Involving a person under eighteen in
unlawful controlled substance transaction—Penalty. (1)
It is unlawful to compensate, threaten, solicit, or in any other
manner involve a person under the age of eighteen years in a
transaction unlawfully to manufacture, sell, or deliver a controlled substance.
(2) A violation of this section is a class C felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 336.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.4016
69.50.4016 Provisions not applicable to offenses
under RCW 69 .5 0.410 . RCW 69.50 .4 01 th rou gh
69.50.4015 shall not apply to offenses defined and punish(2004 Ed.)
Uniform Controlled Substances Act
69.50.404
able under the provisions of RCW 69.50.410. [2003 c 53 §
337.]
dollars, or both. [2003 c 53 § 338; 1994 sp.s. c 9 § 740; 1980
c 138 § 6; 1979 ex.s. c 119 § 1; 1971 ex.s. c 308 § 69.50.402.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.402
69.50.402 Prohibited acts: B—Penalties. (1) It is
unlawful for any person:
(a) Who is subject to Article III to distribute or dispense
a controlled substance in violation of RCW 69.50.308;
(b) Who is a registrant, to manufacture a controlled substance not authorized by his or her registration, or to distribute or dispense a controlled substance not authorized by his
or her registration to another registrant or other authorized
person;
(c) Who is a practitioner, to prescribe, order, dispense,
administer, supply, or give to any person:
(i) Any amphetamine, including its salts, optical isomers,
and salts of optical isomers classified as a schedule II controlled substance by the board of pharmacy pursuant to chapter 34.05 RCW; or
(ii) Any nonnarcotic stimulant classified as a schedule II
controlled substance and designated as a nonnarcotic stimulant by the board of pharmacy pursuant to chapter 34.05
RCW;
except for the treatment of narcolepsy or for the treatment of
hyperkinesis, or for the treatment of drug-induced brain dysfunction, or for the treatment of epilepsy, or for the differential diagnostic psychiatric evaluation of depression, or for the
treatment of depression shown to be refractory to other therapeutic modalities, or for the clinical investigation of the
effects of such drugs or compounds, in which case an investigative protocol therefor shall have been submitted to and
reviewed and approved by the state board of pharmacy before
the investigation has been begun: PROVIDED, That the
board of pharmacy, in consultation with the medical quality
assurance commission and the osteopathic disciplinary
board, may establish by rule, pursuant to chapter 34.05 RCW,
disease states or conditions in addition to those listed in this
subsection for the treatment of which Schedule II nonnarcotic
stimulants may be prescribed, ordered, dispensed, administered, supplied, or given to patients by practitioners: AND
PROVIDED, FURTHER, That investigations by the board of
pharmacy of abuse of prescriptive authority by physicians,
licensed pursuant to chapter 18.71 RCW, pursuant to subsection (1)(c) of this section shall be done in consultation with
the medical quality assurance commission;
(d) To refuse or fail to make, keep or furnish any record,
notification, order form, statement, invoice, or information
required under this chapter;
(e) To refuse an entry into any premises for any inspection authorized by this chapter; or
(f) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other
structure or place, which is resorted to by persons using controlled substances in violation of this chapter for the purpose
of using these substances, or which is used for keeping or
selling them in violation of this chapter.
(2) Any person who violates this section is guilty of a
class C felony and upon conviction may be imprisoned for
not more than two years, fined not more than two thousand
(2004 Ed.)
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
69.50.403
69.50.403 Prohibited acts: C—Penalties. (1) It is
unlawful for any person knowingly or intentionally:
(a) To distribute as a registrant a controlled substance
classified in Schedules I or II, except pursuant to an order
form as required by *RCW 69.50.307;
(b) To use in the course of the manufacture, distribution,
or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, or
issued to another person;
(c) To obtain or attempt to obtain a controlled substance,
or procure or attempt to procure the administration of a controlled substance, (i) by fraud, deceit, misrepresentation, or
subterfuge; or (ii) by forgery or alteration of a prescription or
any written order; or (iii) by the concealment of material fact;
or (iv) by the use of a false name or the giving of a false
address;
(d) To falsely assume the title of, or represent herself or
himself to be, a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian, or other authorized person for the
purpose of obtaining a controlled substance;
(e) To make or utter any false or forged prescription or
false or forged written order;
(f) To affix any false or forged label to a package or
receptacle containing controlled substances;
(g) To furnish false or fraudulent material information
in, or omit any material information from, any application,
report, or other document required to be kept or filed under
this chapter, or any record required to be kept by this chapter;
(h) To possess a false or fraudulent prescription with
intent to obtain a controlled substance; or
(i) To attempt to illegally obtain controlled substances by
providing more than one name to a practitioner when obtaining a prescription for a controlled substance. If a person's
name is legally changed during the time period that he or she
is receiving health care from a practitioner, the person shall
inform all providers of care so that the medical and pharmacy
records for the person may be filed under a single name identifier.
(2) Information communicated to a practitioner in an
effort unlawfully to procure a controlled substance or unlawfully to procure the administration of such substance, shall
not be deemed a privileged communication.
(3) A person who violates this section is guilty of a class
C felony and upon conviction may be imprisoned for not
more than two years, or fined not more than two thousand
dollars, or both. [2003 c 53 § 339; 1996 c 255 § 1; 1993 c 187
§ 21; 1971 ex.s. c 308 § 69.50.403.]
*Reviser's note: RCW 69.50.307 was repealed by 2001 c 248 § 2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.404
69.50.404 Penalties under other laws. Any penalty
imposed for violation of this chapter is in addition to, and not
[Title 69 RCW—page 75]
69.50.405
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. [1971 ex.s. c 308 § 69.50.404.]
69.50.405
69.50.405 Bar to prosecution. If a violation of this
chapter is a violation of a federal law or the law of another
state, a conviction or acquittal under federal law or the law of
another state for the same act is a bar to prosecution in this
state. [1971 ex.s. c 308 § 69.50.405.]
69.50.406
69.50.406 Distribution to persons under age eighteen.
(1) Any person eighteen years of age or over who violates
RCW 69.50.401 by distributing a controlled substance listed
in Schedules I or II which is a narcotic drug or methamphetamine, or flunitrazepam listed in Schedule IV, to a person
under eighteen years of age is guilty of a class A felony punishable by the fine authorized by RCW 69.50.401(2) (a) or
(b), by a term of imprisonment of up to twice that authorized
by RCW 69.50.401(2) (a) or (b), or by both.
(2) Any person eighteen years of age or over who violates RCW 69.50.401 by distributing any other controlled
substance listed in Schedules I, II, III, IV, and V to a person
under eighteen years of age who is at least three years his or
her junior is guilty of a class B felony punishable by the fine
authorized by RCW 69.50.401(2) (c), (d), or (e), by a term of
imprisonment up to twice that authorized by RCW
69.50.401(2) (c), (d), or (e), or both. [2003 c 53 § 340; 1998
c 290 § 2; 1996 c 205 § 7; 1987 c 458 § 5; 1971 ex.s. c 308 §
69.50.406.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application—Effective date—Severability—1998 c 290: See notes
following RCW 69.50.401.
Severability—1987 c 458: See note following RCW 48.21.160.
69.50.407
69.50.407 Conspiracy. Any person who attempts or
conspires to commit any offense defined in this chapter is
punishable by imprisonment or fine or both which may not
exceed the maximum punishment prescribed for the offense,
the commission of which was the object of the attempt or
conspiracy. [1971 ex.s. c 308 § 69.50.407.]
69.50.408
69.50.408 Second or subsequent offenses. (1) Any
person convicted of a second or subsequent offense under
this chapter may be imprisoned for a term up to twice the
term otherwise authorized, fined an amount up to twice that
otherwise authorized, or both.
(2) For purposes of this section, an offense is considered
a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United
States or of any state relating to narcotic drugs, marihuana,
depressant, stimulant, or hallucinogenic drugs.
(3) This section does not apply to offenses under RCW
69.50.4013. [2003 c 53 § 341; 1989 c 8 § 3; 1971 ex.s. c 308
§ 69.50.408.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.410
69.50.410 Prohibited acts: D—Penalties. (1) Except
as authorized by this chapter it is a class C felony for any per[Title 69 RCW—page 76]
son to sell for profit any controlled substance or counterfeit
substance classified in Schedule I, RCW 69.50.204, except
leaves and flowering tops of marihuana.
For the purposes of this section only, the following
words and phrases shall have the following meanings:
(a) "To sell" means the passing of title and possession of
a controlled substance from the seller to the buyer for a price
whether or not the price is paid immediately or at a future
date.
(b) "For profit" means the obtaining of anything of value
in exchange for a controlled substance.
(c) "Price" means anything of value.
(2)(a) Any person convicted of a violation of subsection
(1) of this section shall receive a sentence of not more than
five years in a correctional facility of the department of social
and health services for the first offense.
(b) Any person convicted on a second or subsequent
cause, the sale having transpired after prosecution and conviction on the first cause, of subsection (1) of this section
shall receive a mandatory sentence of five years in a correctional facility of the department of social and health services
and no judge of any court shall suspend or defer the sentence
imposed for the second or subsequent violation of subsection
(1) of this section.
(3)(a) Any person convicted of a violation of subsection
(1) of this section by selling heroin shall receive a mandatory
sentence of two years in a correctional facility of the department of social and health services and no judge of any court
shall suspend or defer the sentence imposed for such violation.
(b) Any person convicted on a second or subsequent sale
of heroin, the sale having transpired after prosecution and
conviction on the first cause of the sale of heroin shall receive
a mandatory sentence of ten years in a correctional facility of
the department of social and health services and no judge of
any court shall suspend or defer the sentence imposed for this
second or subsequent violation: PROVIDED, That the indeterminate sentence review board under RCW 9.95.040 shall
not reduce the minimum term imposed for a violation under
this subsection.
(4) Whether or not a mandatory minimum term has
expired, an offender serving a sentence under this section
may be granted an extraordinary medical placement when
authorized under RCW 9.94A.728(4).
(5) In addition to the sentences provided in subsection
(2) of this section, any person convicted of a violation of subsection (1) of this section shall be fined in an amount calculated to at least eliminate any and all proceeds or profits
directly or indirectly gained by such person as a result of
sales of controlled substances in violation of the laws of this
or other states, or the United States, up to the amount of five
hundred thousand dollars on each count.
(6) Any person, addicted to the use of controlled substances, who voluntarily applies to the department of social
and health services for the purpose of participating in a rehabilitation program approved by the department for addicts of
controlled substances shall be immune from prosecution for
subsection (1) offenses unless a filing of an information or
indictment against such person for a violation of subsection
(1) of this section is made prior to his or her voluntary participation in the program of the department of social and health
(2004 Ed.)
Uniform Controlled Substances Act
services. All applications for immunity under this section
shall be sent to the department of social and health services in
Olympia. It shall be the duty of the department to stamp each
application received pursuant to this section with the date and
time of receipt.
(7) This section shall not apply to offenses defined and
punishable under the provisions of RCW 69.50.401 through
69.50.4015. [2003 c 53 § 342; 1999 c 324 § 6; 1975-'76 2nd
ex.s. c 103 § 1; 1973 2nd ex.s. c 2 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.412 Prohibited acts: E—Penalties. (1) It is
unlawful for any person to use drug paraphernalia to plant,
propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
Any person who violates this subsection is guilty of a misdemeanor.
(2) It is unlawful for any person to deliver, possess with
intent to deliver, or manufacture with intent to deliver drug
paraphernalia, knowing, or under circumstances where one
reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack,
store, contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled substance. Any
person who violates this subsection is guilty of a misdemeanor.
(3) Any person eighteen years of age or over who violates subsection (2) of this section by delivering drug paraphernalia to a person under eighteen years of age who is at
least three years his junior is guilty of a gross misdemeanor.
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in
whole or in part, is to promote the sale of objects designed or
intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor.
(5) It is lawful for any person over the age of eighteen to
possess sterile hypodermic syringes and needles for the purpose of reducing bloodborne diseases. [2002 c 213 § 1; 1981
c 48 § 2.]
69.50.412
Severability—1981 c 48: See note following RCW 69.50.102.
69.50.4121 Drug paraphernalia—Selling or giving—
Penalty. (1) Every person who sells or gives, or permits to be
sold or given to any person any drug paraphernalia in any
form commits a class I civil infraction under chapter 7.80
RCW. For purposes of this subsection, "drug paraphernalia"
means all equipment, products, and materials of any kind
which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance. Drug paraphernalia includes, but is not limited to
objects used, intended for use, or designed for use in ingest69.50.4121
(2004 Ed.)
69.50.415
ing, inhaling, or otherwise introducing marihuana, cocaine,
hashish, or hashish oil into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic, or
ceramic pipes with or without screens, permanent screens,
hashish heads, or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips: Meaning objects used to hold burning
material, such as a marihuana cigarette, that has become too
small or too short to be held in the hand;
(f) Miniature cocaine spoons and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipes;
(k) Chillums;
(l) Bongs; and
(m) Ice pipes or chillers.
(2) It shall be no defense to a prosecution for a violation
of this section that the person acted, or was believed by the
defendant to act, as agent or representative of another.
(3) Nothing in subsection (1) of this section prohibits
legal distribution of injection syringe equipment through
public health and community based HIV prevention programs, and pharmacies. [2002 c 213 § 2; 1998 c 317 § 1.]
69.50.413
69.50.413 Health care practitioners—Suspension of
license for violation of chapter. The license of any licensed
health care practitioner shall be suspended for any violation
of this chapter. The suspension shall run concurrently with,
and not less than, the term of the sentence for the violation.
[1984 c 153 § 21.]
69.50.414
69.50.414 Sale or transfer of controlled substance to
minor—Cause of action by parent—Damages. The parent
or legal guardian of any minor to whom a controlled substance, as defined in RCW 69.50.101, is sold or transferred,
shall have a cause of action against the person who sold or
transferred the controlled substance for all damages to the
minor or his or her parent or legal guardian caused by such
sale or transfer. Damages shall include: (a) Actual damages,
including the cost for treatment or rehabilitation of the minor
child's drug dependency, (b) forfeiture to the parent or legal
guardian of the cash value of any proceeds received from
such sale or transfer of a controlled substance, and (c) reasonable attorney fees.
This section shall not apply to a practitioner, as defined
in *RCW 69.50.101(t), who sells or transfers a controlled
substance to a minor pursuant to a valid prescription or order.
[1986 c 124 § 10.]
*Reviser's note: The reference to RCW 69.50.101(t) is erroneous.
"Practitioner" is defined in (w) of that section.
69.50.415
69.50.415 Controlled substances homicide—Penalty.
(1) A person who unlawfully delivers a controlled substance
in violation of RCW 69.50.401(2) (a), (b), or (c) which controlled substance is subsequently used by the person to whom
it was delivered, resulting in the death of the user, is guilty of
controlled substances homicide.
[Title 69 RCW—page 77]
69.50.416
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(2) Controlled substances homicide is a class B felony
punishable according to chapter 9A.20 RCW. [2003 c 53 §
343; 1996 c 205 § 8; 1987 c 458 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1987 c 458: See note following RCW 48.21.160.
69.50.416 Counterfeit substances prohibited—Penalties. (1) It is unlawful for any person knowingly or intentionally to manufacture, deliver, or possess with intent to
manufacture or deliver, a controlled substance which, or the
container or labeling of which, without authorization, bears
the trademark, trade name, or other identifying mark, imprint,
number, or device, or any likeness thereof, of a manufacturer,
distributor, or dispenser, other than the person who in fact
manufactured, distributed, or dispensed the substance.
(2) It is unlawful for any person knowingly or intentionally to make, distribute, or possess a punch, die, plate, stone,
or other thing designed to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, imprint, or
device of another or any likeness of any of the foregoing
upon any drug or container or labeling thereof.
(3) A person who violates this section is guilty of a class
C felony and upon conviction may be imprisoned for not
more than two years, fined not more than two thousand dollars, or both. [2003 c 53 § 344; 1993 c 187 § 22.]
69.50.416
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.420
69.50.420 Violations—Juvenile driving privileges.
(1) If a juvenile thirteen years of age or older and under the
age of twenty-one is found by a court to have committed any
offense that is a violation of this chapter, the court shall notify
the department of licensing within twenty-four hours after
entry of the judgment.
(2) Except as otherwise provided in subsection (3) of this
section, upon petition of a juvenile whose privilege to drive
has been revoked pursuant to RCW 46.20.265, the court may
at any time the court deems appropriate notify the department
of licensing to reinstate the juvenile's privilege to drive.
(3) If the conviction is for the juvenile's first violation of
this chapter or chapter 66.44, 69.41, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265
until the later of ninety days after the date the juvenile turns
sixteen or ninety days after the judgment was entered. If the
conviction was for the juvenile's second or subsequent violation of this chapter or chapter 66.44, 69.41, or 69.52 RCW,
the juvenile may not petition the court for reinstatement of
the juvenile's privilege to drive revoked pursuant to RCW
46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered. [1989 c
271 § 120; 1988 c 148 § 5.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
69.50.425 Misdemeanor violations—Minimum penalties. A person who is convicted of a misdemeanor violation of any provision of this chapter shall be punished by
imprisonment for not less than twenty-four consecutive
69.50.425
[Title 69 RCW—page 78]
hours, and by a fine of not less than two hundred fifty dollars.
On a second or subsequent conviction, the fine shall not be
less than five hundred dollars. These fines shall be in addition
to any other fine or penalty imposed. Unless the court finds
that the imposition of the minimum imprisonment will pose a
substantial risk to the defendant's physical or mental wellbeing or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of
forty hours of community restitution. If a minimum term of
imprisonment is suspended or deferred, the court shall state
in writing the reason for granting the suspension or deferral
and the facts upon which the suspension or deferral is based.
Unless the court finds the person to be indigent, the minimum
fine shall not be suspended or deferred. [2002 c 175 § 44;
1989 c 271 § 105.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
69.50.430 Additional fine for certain felony violations. (1) Every person convicted of a felony violation of
RCW 69.50.401 through 69.50.4013, 69.50.4015, 69.50.402,
69.50.403, 69.50.406, 69.50.407, 69.50.410, or 69.50.415
shall be fined one thousand dollars in addition to any other
fine or penalty imposed. Unless the court finds the person to
be indigent, this additional fine shall not be suspended or
deferred by the court.
(2) On a second or subsequent conviction for violation of
any of the laws listed in subsection (1) of this section, the person shall be fined two thousand dollars in addition to any
other fine or penalty imposed. Unless the court finds the person to be indigent, this additional fine shall not be suspended
or deferred by the court. [2003 c 53 § 345; 1989 c 271 § 106.]
69.50.430
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
69.50.435 Violations committed in or on certain public places or facilities—Additional penalty—Defenses—
Construction—Definitions. (1) Any person who violates
RCW 69.50.401 by manufacturing, selling, delivering, or
possessing with the intent to manufacture, sell, or deliver a
controlled substance listed under RCW 69.50.401 or who
violates RCW 69.50.410 by selling for profit any controlled
substance or counterfeit substance classified in schedule I,
RCW 69.50.204, except leaves and flowering tops of marihuana to a person:
(a) In a school;
(b) On a school bus;
(c) Within one thousand feet of a school bus route stop
designated by the school district;
(d) Within one thousand feet of the perimeter of the
school grounds;
(e) In a public park;
(f) In a public housing project designated by a local governing authority as a drug-free zone;
69.50.435
(2004 Ed.)
Uniform Controlled Substances Act
(g) On a public transit vehicle;
(h) In a public transit stop shelter;
(i) At a civic center designated as a drug-free zone by the
local governing authority; or
(j) Within one thousand feet of the perimeter of a facility
designated under (i) of this subsection, if the local governing
authority specifically designates the one thousand foot perimeter
may be punished by a fine of up to twice the fine otherwise
authorized by this chapter, but not including twice the fine
authorized by RCW 69.50.406, or by imprisonment of up to
twice the imprisonment otherwise authorized by this chapter,
but not including twice the imprisonment authorized by
RCW 69.50.406, or by both such fine and imprisonment. The
provisions of this section shall not operate to more than double the fine or imprisonment otherwise authorized by this
chapter for an offense.
(2) It is not a defense to a prosecution for a violation of
this section that the person was unaware that the prohibited
conduct took place while in a school or school bus or within
one thousand feet of the school or school bus route stop, in a
public park, in a public housing project designated by a local
governing authority as a drug-free zone, on a public transit
vehicle, in a public transit stop shelter, at a civic center designated as a drug-free zone by the local governing authority, or
within one thousand feet of the perimeter of a facility designated under subsection (1)(i) of this section, if the local governing authority specifically designates the one thousand foot
perimeter.
(3) It is not a defense to a prosecution for a violation of
this section or any other prosecution under this chapter that
persons under the age of eighteen were not present in the
school, the school bus, the public park, the public housing
project designated by a local governing authority as a drugfree zone, or the public transit vehicle, or at the school bus
route stop, the public transit vehicle stop shelter, at a civic
center designated as a drug-free zone by the local governing
authority, or within one thousand feet of the perimeter of a
facility designated under subsection (1)(i) of this section, if
the local governing authority specifically designates the one
thousand foot perimeter at the time of the offense or that
school was not in session.
(4) It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place
entirely within a private residence, that no person under eighteen years of age or younger was present in such private residence at any time during the commission of the offense, and
that the prohibited conduct did not involve delivering, manufacturing, selling, or possessing with the intent to manufacture, sell, or deliver any controlled substance in RCW
69.50.401 for profit. The affirmative defense established in
this section shall be proved by the defendant by a preponderance of the evidence. This section shall not be construed to
establish an affirmative defense with respect to a prosecution
for an offense defined in any other section of this chapter.
(5) In a prosecution under this section, a map produced
or reproduced by any municipality, school district, county,
transit authority engineer, or public housing authority for the
purpose of depicting the location and boundaries of the area
on or within one thousand feet of any property used for a
school, school bus route stop, public park, public housing
(2004 Ed.)
69.50.435
project designated by a local governing authority as a drugfree zone, public transit vehicle stop shelter, or a civic center
designated as a drug-free zone by a local governing authority,
or a true copy of such a map, shall under proper authentication, be admissible and shall constitute prima facie evidence
of the location and boundaries of those areas if the governing
body of the municipality, school district, county, or transit
authority has adopted a resolution or ordinance approving the
map as the official location and record of the location and
boundaries of the area on or within one thousand feet of the
school, school bus route stop, public park, public housing
project designated by a local governing authority as a drugfree zone, public transit vehicle stop shelter, or civic center
designated as a drug-free zone by a local governing authority.
Any map approved under this section or a true copy of the
map shall be filed with the clerk of the municipality or
county, and shall be maintained as an official record of the
municipality or county. This section shall not be construed as
precluding the prosecution from introducing or relying upon
any other evidence or testimony to establish any element of
the offense. This section shall not be construed as precluding
the use or admissibility of any map or diagram other than the
one which has been approved by the governing body of a
municipality, school district, county, transit authority, or public housing authority if the map or diagram is otherwise
admissible under court rule.
(6) As used in this section the following terms have the
meanings indicated unless the context clearly requires otherwise:
(a) "School" has the meaning under RCW 28A.150.010
or 28A.150.020. The term "school" also includes a private
school approved under RCW 28A.195.010;
(b) "School bus" means a school bus as defined by the
superintendent of public instruction by rule which is owned
and operated by any school district and all school buses
which are privately owned and operated under contract or
otherwise with any school district in the state for the transportation of students. The term does not include buses operated
by common carriers in the urban transportation of students
such as transportation of students through a municipal transportation system;
(c) "School bus route stop" means a school bus stop as
designated by a school district;
(d) "Public park" means land, including any facilities or
improvements on the land, that is operated as a park by the
state or a local government;
(e) "Public transit vehicle" means any motor vehicle,
street car, train, trolley vehicle, or any other device, vessel, or
vehicle which is owned or operated by a transit authority and
which is used for the purpose of carrying passengers on a regular schedule;
(f) "Transit authority" means a city, county, or state
transportation system, transportation authority, public transportation benefit area, public transit authority, or metropolitan municipal corporation within the state that operates public transit vehicles;
(g) "Stop shelter" means a passenger shelter designated
by a transit authority;
(h) "Civic center" means a publicly owned or publicly
operated place or facility used for recreational, educational,
or cultural activities;
[Title 69 RCW—page 79]
69.50.440
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(i) "Public housing project" means the same as "housing
project" as defined in RCW 35.82.020. [2003 c 53 § 346.
Prior: 1997 c 30 § 2; 1997 c 23 § 1; 1996 c 14 § 2; 1991 c 32
§ 4; prior: 1990 c 244 § 1; 1990 c 33 § 588; 1989 c 271 §
112.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Findings—Intent—1997 c 30: "The legislature finds that a large number of illegal drug transactions occur in or near public housing projects. The
legislature also finds that this activity places the families and children residing in these housing projects at risk for drug-related crimes and increases the
general level of fear among the residents of the housing project and the areas
surrounding these projects. The intent of the legislature is to allow local governments to designate public housing projects as drug-free zones." [1997 c
30 § 1.]
Findings—Intent—1996 c 14: "The legislature finds that a large number of illegal drug transactions occur in or near publicly owned places used
for recreational, educational, and cultural purposes. The legislature also
finds that this activity places the people using these facilities at risk for drugrelated crimes, discourages the use of recreational, educational, and cultural
facilities, blights the economic development around these facilities, and
increases the general level of fear among the residents of the areas surrounding these facilities. The intent of the legislature is to allow local governments to designate a perimeter of one thousand feet around publicly owned
places used primarily for recreation, education, and cultural activities as
drug-free zones." [1996 c 14 § 1.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1989 c 271: See note following RCW 9.94A.510.
69.50.440 Possession with intent to manufacture—
Penalty. (1) It is unlawful for any person to possess ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers,
pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine.
(2) Any person who violates this section is guilty of a
class B felony and may be imprisoned for not more than ten
years, fined not more than twenty-five thousand dollars, or
both. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the
fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine.
The fine moneys deposited with that law enforcement agency
must be used for such clean-up cost. [2003 c 53 § 347; 2002
c 134 § 1; 2000 c 225 § 4; 1997 c 71 § 3; 1996 c 205 § 1.]
69.50.440
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2002 c 134: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 26, 2002]." [2002 c 134 § 5.]
Severability—2000 c 225: See note following RCW 69.55.010.
ARTICLE V
ENFORCEMENT AND
ADMINISTRATIVE PROVISIONS
69.50.500 Powers of enforcement personnel. (a) It is
hereby made the duty of the state board of pharmacy, the
department, and their officers, agents, inspectors and representatives, and all law enforcement officers within the state,
and of all prosecuting attorneys, to enforce all provisions of
this chapter, except those specifically delegated, and to coop69.50.500
[Title 69 RCW—page 80]
erate with all agencies charged with the enforcement of the
laws of the United States, of this state, and all other states,
relating to controlled substances as defined in this chapter.
(b) Employees of the department of health, who are so
designated by the board as enforcement officers are declared
to be peace officers and shall be vested with police powers to
enforce the drug laws of this state, including this chapter.
[1989 1st ex.s. c 9 § 437; 1971 ex.s. c 308 § 69.50.500.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.50.501
69.50.501 Administrative inspections. The state board
of pharmacy may make administrative inspections of controlled premises in accordance with the following provisions:
(1) For purposes of this section only, "controlled premises" means:
(a) places where persons registered or exempted from
registration requirements under this chapter are required to
keep records; and
(b) places including factories, warehouses, establishments, and conveyances in which persons registered or
exempted from registration requirements under this chapter
are permitted to hold, manufacture, compound, process, sell,
deliver, or otherwise dispose of any controlled substance.
(2) When authorized by an administrative inspection
warrant issued pursuant to RCW 69.50.502 an officer or
employee designated by the board, upon presenting the warrant and appropriate credentials to the owner, operator, or
agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
(3) When authorized by an administrative inspection
warrant, an officer or employee designated by the board may:
(a) inspect and copy records required by this chapter to
be kept;
(b) inspect, within reasonable limits and in a reasonable
manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found
therein, and, except as provided in subsection (5) of this section, all other things therein, including records, files, papers,
processes, controls, and facilities bearing on violation of this
chapter; and
(c) inventory any stock of any controlled substance
therein and obtain samples thereof;
(4) This section does not prevent the inspection without
a warrant of books and records pursuant to an administrative
subpoena issued in accordance with chapter 34.05 RCW, nor
does it prevent entries and administrative inspections, including seizures of property, without a warrant:
(a) if the owner, operator, or agent in charge of the controlled premises consents;
(b) in situations presenting imminent danger to health or
safety;
(c) in situations involving inspection of conveyances if
there is reasonable cause to believe that the mobility of the
conveyance makes it impracticable to obtain a warrant;
(d) in any other exceptional or emergency circumstance
where time or opportunity to apply for a warrant is lacking;
or,
(e) in all other situations in which a warrant is not constitutionally required;
(2004 Ed.)
Uniform Controlled Substances Act
(5) An inspection authorized by this section shall not
extend to financial data, sales data, other than shipment data,
or pricing data unless the owner, operator, or agent in charge
of the controlled premises consents in writing. [1971 ex.s. c
308 § 69.50.501.]
69.50.502 Warrants for administrative inspections.
Issuance and execution of administrative inspection warrants
shall be as follows:
(1) A judge of a superior court, or a judge of a district
court within his jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by
this chapter or rules hereunder, and seizures of property
appropriate to the inspections. For purposes of the issuance of
administrative inspection warrants, probable cause exists
upon showing a valid public interest in the effective enforcement of this chapter or rules hereunder, sufficient to justify
administrative inspection of the area, premises, building or
conveyance in the circumstances specified in the application
for the warrant;
(2) A warrant shall issue only upon an affidavit of a designated officer or employee having knowledge of the facts
alleged, sworn to before the judge and establishing the
grounds for issuing the warrant. If the judge is satisfied that
grounds for the application exist or that there is probable
cause to believe they exist, he shall issue a warrant identifying the area, premises, building, or conveyance to be
inspected, the purpose of the inspection, and, if appropriate,
the type of property to be inspected, if any. The warrant shall:
(a) state the grounds for its issuance and the name of
each person whose affidavit has been taken in support
thereof;
(b) be directed to a person authorized by RCW 69.50.500
to execute it;
(c) command the person to whom it is directed to inspect
the area, premises, building, or conveyance identified for the
purpose specified and, if appropriate, direct the seizure of the
property specified;
(d) identify the item or types of property to be seized, if
any;
(e) direct that it be served during normal business hours
and designate the judge to whom it shall be returned;
(3) A warrant issued pursuant to this section must be
executed and returned within ten days of its date unless, upon
a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy
shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the
property taken. The return of the warrant shall be made
promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the
person executing the warrant and of the person from whose
possession or premises the property was taken, if present, or
in the presence of at least one credible person other than the
person executing the warrant. A copy of the inventory shall
be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant;
(4) The judge who has issued a warrant shall attach
thereto a copy of the return and all papers returnable in con69.50.502
(2004 Ed.)
69.50.505
nection therewith and file them with the clerk of the court in
which the inspection was made. [1971 ex.s. c 308 §
69.50.502.]
69.50.503
69.50.503 Injunctions. (a) The superior courts of this
state have jurisdiction to restrain or enjoin violations of this
chapter.
(b) The defendant may demand trial by jury for an
alleged violation of an injunction or restraining order under
this section. [1971 ex.s. c 308 § 69.50.503.]
69.50.504
69.50.504 Cooperative arrangements. The state board
of pharmacy shall cooperate with federal and other state
agencies in discharging its responsibilities concerning traffic
in controlled substances and in suppressing the abuse of controlled substances. [1971 ex.s. c 308 § 69.50.504.]
69.50.505
69.50.505 Seizure and forfeiture. (1) The following
are subject to seizure and forfeiture and no property right
exists in them:
(a) All controlled substances which have been manufactured, distributed, dispensed, acquired, or possessed in violation of this chapter or chapter 69.41 or 69.52 RCW, and all
hazardous chemicals, as defined in RCW 64.44.010, used or
intended to be used in the manufacture of controlled substances;
(b) All raw materials, products, and equipment of any
kind which are used, or intended for use, in manufacturing,
compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter or
chapter 69.41 or 69.52 RCW;
(c) All property which is used, or intended for use, as a
container for property described in (a) or (b) of this subsection;
(d) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, in any manner to
facilitate the sale, delivery, or receipt of property described in
(a) or (b) of this subsection, except that:
(i) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the
owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter or chapter
69.41 or 69.52 RCW;
(ii) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the
owner thereof to have been committed or omitted without the
owner's knowledge or consent;
(iii) No conveyance is subject to forfeiture under this
section if used in the receipt of only an amount of marijuana
for which possession constitutes a misdemeanor under RCW
69.50.4014;
(iv) A forfeiture of a conveyance encumbered by a bona
fide security interest is subject to the interest of the secured
party if the secured party neither had knowledge of nor consented to the act or omission; and
(v) When the owner of a conveyance has been arrested
under this chapter or chapter 69.41 or 69.52 RCW the conveyance in which the person is arrested may not be subject to
[Title 69 RCW—page 81]
69.50.505
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
forfeiture unless it is seized or process is issued for its seizure
within ten days of the owner's arrest;
(e) All books, records, and research products and materials, including formulas, microfilm, tapes, and data which are
used, or intended for use, in violation of this chapter or chapter 69.41 or 69.52 RCW;
(f) All drug paraphernalia;
(g) All moneys, negotiable instruments, securities, or
other tangible or intangible property of value furnished or
intended to be furnished by any person in exchange for a controlled substance in violation of this chapter or chapter 69.41
or 69.52 RCW, all tangible or intangible personal property,
proceeds, or assets acquired in whole or in part with proceeds
traceable to an exchange or series of exchanges in violation
of this chapter or chapter 69.41 or 69.52 RCW, and all moneys, negotiable instruments, and securities used or intended
to be used to facilitate any violation of this chapter or chapter
69.41 or 69.52 RCW. A forfeiture of money, negotiable
instruments, securities, or other tangible or intangible property encumbered by a bona fide security interest is subject to
the interest of the secured party if, at the time the security
interest was created, the secured party neither had knowledge
of nor consented to the act or omission. No personal property
may be forfeited under this subsection (1)(g), to the extent of
the interest of an owner, by reason of any act or omission
which that owner establishes was committed or omitted without the owner's knowledge or consent; and
(h) All real property, including any right, title, and interest in the whole of any lot or tract of land, and any appurtenances or improvements which are being used with the
knowledge of the owner for the manufacturing, compounding, processing, delivery, importing, or exporting of any controlled substance, or which have been acquired in whole or in
part with proceeds traceable to an exchange or series of
exchanges in violation of this chapter or chapter 69.41 or
69.52 RCW, if such activity is not less than a class C felony
and a substantial nexus exists between the commercial production or sale of the controlled substance and the real property. However:
(i) No property may be forfeited pursuant to this subsection (1)(h), to the extent of the interest of an owner, by reason
of any act or omission committed or omitted without the
owner's knowledge or consent;
(ii) The bona fide gift of a controlled substance, legend
drug, or imitation controlled substance shall not result in the
forfeiture of real property;
(iii) The possession of marijuana shall not result in the
forfeiture of real property unless the marijuana is possessed
for commercial purposes, the amount possessed is five or
more plants or one pound or more of marijuana, and a substantial nexus exists between the possession of marijuana and
the real property. In such a case, the intent of the offender
shall be determined by the preponderance of the evidence,
including the offender's prior criminal history, the amount of
marijuana possessed by the offender, the sophistication of the
activity or equipment used by the offender, and other evidence which demonstrates the offender's intent to engage in
commercial activity;
(iv) The unlawful sale of marijuana or a legend drug
shall not result in the forfeiture of real property unless the
sale was forty grams or more in the case of marijuana or one
[Title 69 RCW—page 82]
hundred dollars or more in the case of a legend drug, and a
substantial nexus exists between the unlawful sale and the
real property; and
(v) A forfeiture of real property encumbered by a bona
fide security interest is subject to the interest of the secured
party if the secured party, at the time the security interest was
created, neither had knowledge of nor consented to the act or
omission.
(2) Real or personal property subject to forfeiture under
this chapter may be seized by any board inspector or law
enforcement officer of this state upon process issued by any
superior court having jurisdiction over the property. Seizure
of real property shall include the filing of a lis pendens by the
seizing agency. Real property seized under this section shall
not be transferred or otherwise conveyed until ninety days
after seizure or until a judgment of forfeiture is entered,
whichever is later: PROVIDED, That real property seized
under this section may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu
of foreclosure of a security interest. Seizure of personal
property without process may be made if:
(a) The seizure is incident to an arrest or a search under a
search warrant or an inspection under an administrative
inspection warrant;
(b) The property subject to seizure has been the subject
of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter;
(c) A board inspector or law enforcement officer has
probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(d) The board inspector or law enforcement officer has
probable cause to believe that the property was used or is
intended to be used in violation of this chapter.
(3) In the event of seizure pursuant to subsection (2) of
this section, proceedings for forfeiture shall be deemed commenced by the seizure. The law enforcement agency under
whose authority the seizure was made shall cause notice to be
served within fifteen days following the seizure on the owner
of the property seized and the person in charge thereof and
any person having any known right or interest therein, including any community property interest, of the seizure and
intended forfeiture of the seized property. Service of notice
of seizure of real property shall be made according to the
rules of civil procedure. However, the state may not obtain a
default judgment with respect to real property against a party
who is served by substituted service absent an affidavit stating that a good faith effort has been made to ascertain if the
defaulted party is incarcerated within the state, and that there
is no present basis to believe that the party is incarcerated
within the state. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a
financing statement in accordance with chapter 62A.9A
RCW, or a certificate of title, shall be made by service upon
the secured party or the secured party's assignee at the
address shown on the financing statement or the certificate of
title. The notice of seizure in other cases may be served by
any method authorized by law or court rule including but not
limited to service by certified mail with return receipt
requested. Service by mail shall be deemed complete upon
mailing within the fifteen day period following the seizure.
(2004 Ed.)
Uniform Controlled Substances Act
(4) If no person notifies the seizing law enforcement
agency in writing of the person's claim of ownership or right
to possession of items specified in subsection (1)(d), (g), or
(h) of this section within forty-five days of the seizure in the
case of personal property and ninety days in the case of real
property, the item seized shall be deemed forfeited. The
community property interest in real property of a person
whose spouse committed a violation giving rise to seizure of
the real property may not be forfeited if the person did not
participate in the violation.
(5) If any person notifies the seizing law enforcement
agency in writing of the person's claim of ownership or right
to possession of items specified in subsection (1)(b), (c), (d),
(e), (f), (g), or (h) of this section within forty-five days of the
seizure in the case of personal property and ninety days in the
case of real property, the person or persons shall be afforded
a reasonable opportunity to be heard as to the claim or right.
The hearing shall be before the chief law enforcement officer
of the seizing agency or the chief law enforcement officer's
designee, except where the seizing agency is a state agency as
defined in RCW 34.12.020(4), the hearing shall be before the
chief law enforcement officer of the seizing agency or an
administrative law judge appointed under chapter 34.12
RCW, except that any person asserting a claim or right may
remove the matter to a court of competent jurisdiction.
Removal of any matter involving personal property may only
be accomplished according to the rules of civil procedure.
The person seeking removal of the matter must serve process
against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of
interest, in accordance with RCW 4.28.080 or 4.92.020,
within forty-five days after the person seeking removal has
notified the seizing law enforcement agency of the person's
claim of ownership or right to possession. The court to which
the matter is to be removed shall be the district court when the
aggregate value of personal property is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the
seizing agency and any appeal therefrom shall be under Title
34 RCW. In all cases, the burden of proof is upon the law
enforcement agency to establish, by a preponderance of the
evidence, that the property is subject to forfeiture.
The seizing law enforcement agency shall promptly
return the article or articles to the claimant upon a determination by the administrative law judge or court that the claimant
is the present lawful owner or is lawfully entitled to possession thereof of items specified in subsection (1)(b), (c), (d),
(e), (f), (g), or (h) of this section.
(6) In any proceeding to forfeit property under this title,
where the claimant substantially prevails, the claimant is entitled to reasonable attorneys' fees reasonably incurred by the
claimant. In addition, in a court hearing between two or more
claimants to the article or articles involved, the prevailing
party is entitled to a judgment for costs and reasonable attorneys' fees.
(7) When property is forfeited under this chapter the
board or seizing law enforcement agency may:
(a) Retain it for official use or upon application by any
law enforcement agency of this state release such property to
such agency for the exclusive use of enforcing the provisions
of this chapter;
(2004 Ed.)
69.50.505
(b) Sell that which is not required to be destroyed by law
and which is not harmful to the public;
(c) Request the appropriate sheriff or director of public
safety to take custody of the property and remove it for disposition in accordance with law; or
(d) Forward it to the drug enforcement administration for
disposition.
(8)(a) When property is forfeited, the seizing agency
shall keep a record indicating the identity of the prior owner,
if known, a description of the property, the disposition of the
property, the value of the property at the time of seizure, and
the amount of proceeds realized from disposition of the property.
(b) Each seizing agency shall retain records of forfeited
property for at least seven years.
(c) Each seizing agency shall file a report including a
copy of the records of forfeited property with the state treasurer each calendar quarter.
(d) The quarterly report need not include a record of forfeited property that is still being held for use as evidence during the investigation or prosecution of a case or during the
appeal from a conviction.
(9)(a) By January 31st of each year, each seizing agency
shall remit to the state treasurer an amount equal to ten percent of the net proceeds of any property forfeited during the
preceding calendar year. Money remitted shall be deposited
in the violence reduction and drug enforcement account
under RCW 69.50.520.
(b) The net proceeds of forfeited property is the value of
the forfeitable interest in the property after deducting the cost
of satisfying any bona fide security interest to which the
property is subject at the time of seizure; and in the case of
sold property, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling
agents, and the cost of any valid landlord's claim for damages
under subsection (15) of this section.
(c) The value of sold forfeited property is the sale price.
The value of retained forfeited property is the fair market
value of the property at the time of seizure, determined when
possible by reference to an applicable commonly used index,
such as the index used by the department of licensing for valuation of motor vehicles. A seizing agency may use, but need
not use, an independent qualified appraiser to determine the
value of retained property. If an appraiser is used, the value
of the property appraised is net of the cost of the appraisal.
The value of destroyed property and retained firearms or illegal property is zero.
(10) Forfeited property and net proceeds not required to
be paid to the state treasurer shall be retained by the seizing
law enforcement agency exclusively for the expansion and
improvement of controlled substances related law enforcement activity. Money retained under this section may not be
used to supplant preexisting funding sources.
(11) Controlled substances listed in Schedule I, II, III,
IV, and V that are possessed, transferred, sold, or offered for
sale in violation of this chapter are contraband and shall be
seized and summarily forfeited to the state. Controlled substances listed in Schedule I, II, III, IV, and V, which are
seized or come into the possession of the board, the owners of
which are unknown, are contraband and shall be summarily
forfeited to the board.
[Title 69 RCW—page 83]
69.50.506
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(12) Species of plants from which controlled substances
in Schedules I and II may be derived which have been planted
or cultivated in violation of this chapter, or of which the owners or cultivators are unknown, or which are wild growths,
may be seized and summarily forfeited to the board.
(13) The failure, upon demand by a board inspector or
law enforcement officer, of the person in occupancy or in
control of land or premises upon which the species of plants
are growing or being stored to produce an appropriate registration or proof that he or she is the holder thereof constitutes
authority for the seizure and forfeiture of the plants.
(14) Upon the entry of an order of forfeiture of real property, the court shall forward a copy of the order to the assessor of the county in which the property is located. Orders for
the forfeiture of real property shall be entered by the superior
court, subject to court rules. Such an order shall be filed by
the seizing agency in the county auditor's records in the
county in which the real property is located.
(15) A landlord may assert a claim against proceeds from
the sale of assets seized and forfeited under subsection (7)(b)
of this section, only if:
(a) A law enforcement officer, while acting in his or her
official capacity, directly caused damage to the complaining
landlord's property while executing a search of a tenant's residence; and
(b) The landlord has applied any funds remaining in the
tenant's deposit, to which the landlord has a right under chapter 59.18 RCW, to cover the damage directly caused by a law
enforcement officer prior to asserting a claim under the provisions of this section;
(i) Only if the funds applied under (b) of this subsection
are insufficient to satisfy the damage directly caused by a law
enforcement officer, may the landlord seek compensation for
the damage by filing a claim against the governmental entity
under whose authority the law enforcement agency operates
within thirty days after the search;
(ii) Only if the governmental entity denies or fails to
respond to the landlord's claim within sixty days of the date
of filing, may the landlord collect damages under this subsection by filing within thirty days of denial or the expiration of
the sixty-day period, whichever occurs first, a claim with the
seizing law enforcement agency. The seizing law enforcement agency must notify the landlord of the status of the
claim by the end of the thirty-day period. Nothing in this section requires the claim to be paid by the end of the sixty-day
or thirty-day period.
(c) For any claim filed under (b) of this subsection, the
law enforcement agency shall pay the claim unless the
agency provides substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in violation of this chapter or chapter 69.41 or 69.52 RCW; or
(ii) Failed to respond to a notification of the illegal activity, provided by a law enforcement agency under RCW
59.18.075, within seven days of receipt of notification of the
illegal activity.
(16) The landlord's claim for damages under subsection
(15) of this section may not include a claim for loss of business and is limited to:
(a) Damage to tangible property and clean-up costs;
(b) The lesser of the cost of repair or fair market value of
the damage directly caused by a law enforcement officer;
[Title 69 RCW—page 84]
(c) The proceeds from the sale of the specific tenant's
property seized and forfeited under subsection (7)(b) of this
section; and
(d) The proceeds available after the seizing law enforcement agency satisfies any bona fide security interest in the
tenant's property and costs related to sale of the tenant's property as provided by subsection (9)(b) of this section.
(17) Subsections (15) and (16) of this section do not limit
any other rights a landlord may have against a tenant to collect for damages. However, if a law enforcement agency satisfies a landlord's claim under subsection (15) of this section,
the rights the landlord has against the tenant for damages
directly caused by a law enforcement officer under the terms
of the landlord and tenant's contract are subrogated to the law
enforcement agency. [2003 c 53 § 348; 2001 c 168 § 1; 1993
c 487 § 1; 1992 c 211 § 1. Prior: (1992 c 210 § 5 repealed by
1992 c 211 § 2); 1990 c 248 § 2; 1990 c 213 § 12; 1989 c 271
§ 212; 1988 c 282 § 2; 1986 c 124 § 9; 1984 c 258 § 333; 1983
c 2 § 15; prior: 1982 c 189 § 6; 1982 c 171 § 1; prior: 1981
c 67 § 32; 1981 c 48 § 3; 1977 ex.s. c 77 § 1; 1971 ex.s. c 308
§ 69.50.505.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—2001 c 168: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2001 c 168 § 5.]
Effective date—1990 c 213 §§ 2 and 12: See note following RCW
64.44.010.
Severability—1990 c 213: See RCW 64.44.901.
Findings—1989 c 271: "The legislature finds that: Drug offenses and
crimes resulting from illegal drug use are destructive to society; the nature of
drug trafficking results in many property crimes and crimes of violence; state
and local governmental agencies incur immense expenses in the investigation, prosecution, adjudication, incarceration, and treatment of drug-related
offenders and the compensation of their victims; drug-related offenses are
difficult to eradicate because of the profits derived from the criminal activities, which can be invested in legitimate assets and later used for further
criminal activities; and the forfeiture of real assets where a substantial nexus
exists between the commercial production or sale of the substances and the
real property will provide a significant deterrent to crime by removing the
profit incentive of drug trafficking, and will provide a revenue source that
will partially defray the large costs incurred by government as a result of
these crimes. The legislature recognizes that seizure of real property is a
very powerful tool and should not be applied in cases in which a manifest
injustice would occur as a result of forfeiture of an innocent spouse's community property interest." [1989 c 271 § 211.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Severability—1988 c 282: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1988 c 282 § 3.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Severability—1983 c 2: See note following RCW 18.71.030.
Effective date—1982 c 189: See note following RCW 34.12.020.
Severability—Effective date—1982 c 171: See RCW 69.52.900 and
69.52.901.
Severability—1981 c 48: See note following RCW 69.50.102.
69.50.506
69.50.506 Burden of proof; liabilities. (a) It is not necessary for the state to negate any exemption or exception in
this chapter in any complaint, information, indictment or
other pleading or in any trial, hearing, or other proceeding
(2004 Ed.)
Uniform Controlled Substances Act
under this chapter. The burden of proof of any exemption or
exception is upon the person claiming it.
(b) In the absence of proof that a person is the duly
authorized holder of an appropriate registration or order form
issued under this chapter, he is presumed not to be the holder
of the registration or form. The burden of proof is upon him
to rebut the presumption.
(c) No liability is imposed by this chapter upon any
authorized state, county or municipal officer, engaged in the
lawful performance of his duties. [1971 ex.s. c 308 §
69.50.506.]
69.50.507
69.50.507 Judicial review. All final determinations,
findings and conclusions of the state board of pharmacy
under this chapter are final and conclusive decisions of the
matters involved. Any person aggrieved by the decision may
obtain review of the decision in the superior court wherein he
resides or in the superior court of Thurston county, such
review to be in conformity with the administrative procedure
act, chapter 34.05 RCW. [1971 ex.s. c 308 § 69.50.507.]
69.50.510
(3) enter into contracts with public agencies, institutions
of higher education, and private organizations or individuals
for the purpose of conducting research, demonstrations, or
special projects which bear directly on misuse and abuse of
controlled substances.
(c) The board may enter into contracts for educational
and research activities without performance bonds.
(d) The board may authorize persons engaged in research
on the use and effects of controlled substances to withhold
the names and other identifying characteristics of individuals
who are the subjects of the research. Persons who obtain this
authorization are not compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.
(e) The board may authorize the possession and distribution of controlled substances by persons engaged in research.
Persons who obtain this authorization are exempt from state
prosecution for possession and distribution of controlled substances to the extent of the authorization. [1971 ex.s. c 308 §
69.50.508.]
69.50.508
69.50.508 Education and research. (a) The state board
of pharmacy may carry out educational programs designed to
prevent and deter misuse and abuse of controlled substances.
In connection with these programs it may:
(1) promote better recognition of the problems of misuse
and abuse of controlled substances within the regulated
industry and among interested groups and organizations;
(2) assist the regulated industry and interested groups
and organizations in contributing to the reduction of misuse
and abuse of controlled substances;
(3) consult with interested groups and organizations to
aid them in solving administrative and organizational problems;
(4) evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs
on misuse and abuse of controlled substances;
(5) disseminate the results of research on misuse and
abuse of controlled substances to promote a better public
understanding of what problems exist and what can be done
to combat them; and
(6) assist in the education and training of state and local
law enforcement officials in their efforts to control misuse
and abuse of controlled substances.
(b) The board may encourage research on misuse and
abuse of controlled substances. In connection with the
research, and in furtherance of the enforcement of this chapter, it may:
(1) establish methods to assess accurately the effects of
controlled substances and identify and characterize those
with potential for abuse;
(2) make studies and undertake programs of research to:
(i) develop new or improved approaches, techniques,
systems, equipment and devices to strengthen the enforcement of this chapter;
(ii) determine patterns of misuse and abuse of controlled
substances and the social effects thereof; and,
(iii) improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled
substances; and,
(2004 Ed.)
69.50.509
69.50.509 Search and seizure of controlled substances. If, upon the sworn complaint of any person, it shall
be made to appear to any judge of the superior court, district
court, or municipal court that there is probable cause to
believe that any controlled substance is being used, manufactured, sold, bartered, exchanged, administered, dispensed,
delivered, distributed, produced, possessed, given away, furnished or otherwise disposed of or kept in violation of the
provisions of this chapter, such judge shall, with or without
the approval of the prosecuting attorney, issue a warrant
directed to any law enforcement officer of the state, commanding him or her to search the premises designated and
described in such complaint and warrant, and to seize all controlled substances there found, together with the vessels in
which they are contained, and all implements, furniture and
fixtures used or kept for the illegal manufacture, sale, barter,
exchange, administering, dispensing, delivering, distributing,
producing, possessing, giving away, furnishing or otherwise
disposing of such controlled substances, and to safely keep
the same, and to make a return of said warrant within three
days, showing all acts and things done thereunder, with a particular statement of all articles seized and the name of the person or persons in whose possession the same were found, if
any, and if no person be found in the possession of said articles, the returns shall so state. The provisions of RCW
10.31.030 as now or hereafter amended shall apply to actions
taken pursuant to this chapter. [1987 c 202 § 228; 1971 ex.s.
c 308 § 69.50.509.]
Intent—1987 c 202: See note following RCW 2.04.190.
69.50.510
69.50.510 Search and seizure at rental premises—
Notification of landlord. Whenever a controlled substance
which is manufactured, distributed, dispensed, or acquired in
violation of this chapter is seized at rental premises, the law
enforcement agency shall make a reasonable attempt to discover the identity of the landlord and shall notify the landlord
in writing, at the last address listed in the property tax records
and at any other address known by the law enforcement
[Title 69 RCW—page 85]
69.50.511
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
agency, of the seizure and the location of the seizure. [1988
c 150 § 9.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
69.50.511
69.50.511 Clean-up of hazardous substances at illegal drug manufacturing facility—Rules. Law enforcement
agencies who during the official investigation or enforcement
of any illegal drug manufacturing facility come in contact
with or are aware of any substances suspected of being hazardous as defined in *RCW 70.105D.020(5), shall notify the
department of ecology for the purpose of securing a contractor to identify, clean-up, store, and dispose of suspected hazardous substances, except for those random and representative samples obtained for evidentiary purposes. Whenever
possible, a destruct order covering hazardous substances
which may be described in general terms shall be obtained
concurrently with a search warrant. Materials that have been
photographed, fingerprinted, and subsampled by police shall
be destroyed as soon as practical. The department of ecology
shall make every effort to recover costs from the parties
responsible for the suspected hazardous substance. All recoveries shall be deposited in the account or fund from which
contractor payments are made.
The department of ecology may adopt rules to carry out
its responsibilities under this section. The department of ecology shall consult with law enforcement agencies prior to
adopting any rule or policy relating to this section. [1990 c
213 § 13; 1989 c 271 § 228.]
*Reviser's note: RCW 70.105D.020 was amended by 1994 c 254 § 2,
changing subsection (5) to subsection (6); and was subsequently amended by
1995 c 70 § 1, changing subsection (6) to subsection (7).
917; 1999 c 309 § 922; 1998 c 346 § 909; prior: 1997 c 451
§ 2; 1997 c 338 § 69; 1997 c 149 § 912; 1995 2nd sp.s. c 18 §
919; 1994 sp.s. c 7 § 910; 1989 c 271 § 401.]
Severability—Effective date—2004 c 276: See notes following RCW
43.330.167.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Severability—2001 c 168: See note following RCW 69.50.505.
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
Construction—Severability—Effective date—1998 c 346: See notes
following RCW 50.24.014.
Effective date—1997 c 451: See note following RCW 66.24.290.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Severability—Effective date—1997 c 149: See notes following RCW
43.08.250.
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Captions not law—1989 c 271: "Part, subpart, and section headings
and the index as used in this act do not constitute any part of the law." [1989
c 271 § 605.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Severability—1990 c 213: See RCW 64.44.901.
69.50.525
Severability—1989 c 271: See note following RCW 9.94A.510.
69.50.520
69.50.520 Violence reduction and drug enforcement
account. The violence reduction and drug enforcement
account is created in the state treasury. All designated
receipts from RCW 9.41.110(8), 66.24.210(4), 66.24.290(2),
69.50.505(9)(a), 82.08.150(5), 82.24.020(2), 82.64.020, and
section 420, chapter 271, Laws of 1989 shall be deposited
into the account. Expenditures from the account may be used
only for funding services and programs under chapter 271,
Laws of 1989 and chapter 7, Laws of 1994 sp. sess., including state incarceration costs. Funds from the account may
also be appropriated to reimburse local governments for costs
associated with implementing criminal justice legislation
including chapter 338, Laws of 1997. During the 2003-2005
biennium, funds from the account may also be used for costs
associated with providing grants to local governments in
accordance with chapter 338, Laws of 1997, funding drug
offender treatment services in accordance with RCW
70.96A.350, maintenance and operating costs of the Washington association of sheriffs and police chiefs jail reporting
system, maintenance and operating costs of the juvenile rehabilitation administration's client activity tracking system,
civil indigent legal representation, multijurisdictional narcotics task forces, and grants to community networks under
chapter 70.190 RCW by the family policy council. [2004 c
276 § 912; 2003 1st sp.s. c 25 § 930; 2002 c 371 § 920. Prior:
2001 2nd sp.s. c 7 § 920; 2001 c 168 § 3; 2000 2nd sp.s. c 1 §
[Title 69 RCW—page 86]
69.50.525 Diversion prevention and control—
Report. (a) As used in this section, "diversion" means the
transfer of any controlled substance from a licit to an illicit
channel of distribution or use.
(b) The department shall regularly prepare and make
available to other state regulatory, licensing, and law enforcement agencies a report on the patterns and trends of actual
distribution, diversion, and abuse of controlled substances.
(c) The department shall enter into written agreements
with local, state, and federal agencies for the purpose of
improving identification of sources of diversion and to
improve enforcement of and compliance with this chapter
and other laws and regulations pertaining to unlawful conduct involving controlled substances. An agreement must
specify the roles and responsibilities of each agency that has
information or authority to identify, prevent, and control drug
diversion and drug abuse. The department shall convene periodic meetings to coordinate a state diversion prevention and
control program. The department shall arrange for cooperation and exchange of information among agencies and with
neighboring states and the federal government. [1998 c 245
§ 109; 1993 c 187 § 20.]
ARTICLE VI
MISCELLANEOUS
69.50.601
69.50.601 Pending proceedings. (a) Prosecution for
any violation of law occurring prior to May 21, 1971 is not
(2004 Ed.)
Uniform Controlled Substances Act
affected or abated by this chapter. If the offense being prosecuted is similar to one set out in Article IV of this chapter,
then the penalties under Article IV apply if they are less than
those under prior law.
(b) Civil seizures or forfeitures and injunctive proceedings commenced prior to May 21, 1971 are not affected by
this chapter.
(c) All administrative proceedings pending under prior
laws which are superseded by this chapter shall be continued
and brought to a final determination in accord with the laws
and rules in effect prior to May 21, 1971. Any substance controlled under prior law which is not listed within Schedules I
through V, is automatically controlled without further proceedings and shall be listed in the appropriate schedule.
(d) The state board of pharmacy shall initially permit
persons to register who own or operate any establishment
engaged in the manufacture, distribution, or dispensing of
any controlled substance prior to May 21, 1971 and who are
registered or licensed by the state.
(e) This chapter applies to violations of law, seizures and
forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following May 21, 1971.
[1971 ex.s. c 308 § 69.50.601.]
69.50.602
69.50.602 Continuation of rules. Any orders and rules
promulgated under any law affected by this chapter and in
effect on May 21, 1971 and not in conflict with it continue in
effect until modified, superseded or repealed. [1971 ex.s. c
308 § 69.50.602.]
69.50.603
69.50.603 Uniformity of interpretation. This chapter
shall be so applied and construed as to effectuate its general
purpose to make uniform the law with respect to the subject
of this chapter among those states which enact it. [1971 ex.s.
c 308 § 69.50.603.]
69.50.604
69.50.604 Short title. This chapter may be cited as the
Uniform Controlled Substances Act. [1971 ex.s. c 308 §
69.50.604.]
69.50.608
(4) Section 69.33.290, chapter 27, Laws of 1959, section
1, chapter 97, Laws of 1959 and RCW 69.33.290;
(5) Section 69.33.300, chapter 27, Laws of 1959, section
8, chapter 256, Laws of 1969 ex. sess. and RCW 69.33.300;
(6) Sections 69.33.310 through 69.33.400, chapter 27,
Laws of 1959 and RCW 69.33.310 through 69.33.400;
(7) Section 69.33.410, chapter 27, Laws of 1959, section
20, chapter 38, Laws of 1963 and RCW 69.33.410;
(8) Sections 69.33.420 through 69.33.440, 69.33.900
through 69.33.950, chapter 27, Laws of 1959 and RCW
69.33.420 through 69.33.440, 69.33.900 through 69.33.950;
(9) Section 255, chapter 249, Laws of 1909 and RCW
69.40.040;
(10) Section 1, chapter 6, Laws of 1939, section 1, chapter 29, Laws of 1939, section 1, chapter 57, Laws of 1945,
section 1, chapter 24, Laws of 1955, section 1, chapter 49,
Laws of 1961, section 1, chapter 71, Laws of 1967, section 9,
chapter 256, Laws of 1969 ex. sess. and RCW 69.40.060;
(11) Section 1, chapter 23, Laws of 1955, section 2,
chapter 49, Laws of 1961, section 2, chapter 71, Laws of
1967 and RCW 69.40.061;
(12) Section 21, chapter 38, Laws of 1963 and RCW
69.40.063;
(13) Section 2, chapter 6, Laws of 1939, section 23,
chapter 38, Laws of 1963, section 10, chapter 256, Laws of
1969 ex. sess. and RCW 69.40.070;
(14) Section 12, chapter 256, Laws of 1969 ex. sess. and
RCW 69.40.075;
(15) Section 1, chapter 205, Laws of 1963 and RCW
69.40.080;
(16) Section 2, chapter 205, Laws of 1963 and RCW
69.40.090;
(17) Section 3, chapter 205, Laws of 1963 and RCW
69.40.100;
(18) Section 11, chapter 256, Laws of 1969 ex. sess. and
RCW 69.40.110;
(19) Section 1, chapter 33, Laws of 1970 ex. sess. and
RCW 69.40.120; and
(20) Section 1, chapter 80, Laws of 1970 ex. sess. [1971
ex.s. c 308 § 69.50.606.]
69.50.605
69.50.605 Severability—1971 ex.s. c 308. If any provision of this act or the application thereof to any person or
circumstance is held invalid, the invalidity does not affect
other provisions or applications of the act which can be given
effect without the invalid provision or application, and to this
end the provisions of this act are severable. [1971 ex.s. c 308
§ 69.50.605.]
69.50.607
69.50.607 Effective date—1971 ex.s. c 308. This act is
necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1971 ex.s. c 308 § 69.50.607.]
69.50.608
69.50.606
69.50.606 Repealers. The laws specified below are
repealed except with respect to rights and duties which
matured, penalties which were incurred and proceedings
which were begun before the effective date of this act:
(1) Section 2072, Code of 1881, section 418, chapter
249, Laws of 1909, section 4, chapter 205, Laws of 1963 and
RCW 9.91.030;
(2) Section 69.33.220, chapter 27, Laws of 1959, section
7, chapter 256, Laws of 1969 ex. sess. and RCW 69.33.220;
(3) Sections 69.33.230 through 69.33.280, chapter 27,
Laws of 1959 and RCW 69.33.230 through 69.33.280;
(2004 Ed.)
69.50.608 State preemption. The state of Washington
fully occupies and preempts the entire field of setting penalties for violations of the controlled substances act. Cities,
towns, and counties or other municipalities may enact only
those laws and ordinances relating to controlled substances
that are consistent with this chapter. Such local ordinances
shall have the same penalties as provided for by state law.
Local laws and ordinances that are inconsistent with the
requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code,
charter, or home rule status of the city, town, county, or
municipality. [1989 c 271 § 601.]
[Title 69 RCW—page 87]
69.50.609
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
69.50.609
69.50.609 Captions not law—1993 c 187. Section captions as used in this act constitute no part of the law. [1993 c
187 § 23.]
Chapter 69.51 RCW
CONTROLLED SUBSTANCES THERAPEUTIC
RESEARCH ACT
Chapter 69.51
Sections
69.51.010
69.51.020
69.51.030
69.51.040
69.51.050
69.51.060
69.51.080
Short title.
Legislative purpose.
Definitions.
Controlled substances therapeutic research program.
Patient qualification review committee.
Sources and distribution of marijuana.
Cannabis and related products considered Schedule II substances.
69.51.010
69.51.010 Short title. This chapter may be cited as the
Controlled Substances Therapeutic Research Act. [1979 c
136 § 1.]
69.51.020
69.51.020 Legislative purpose. The legislature finds
that recent research has shown that the use of marijuana may
alleviate the nausea and ill effects of cancer chemotherapy
and radiology, and, additionally, may alleviate the ill effects
of glaucoma. The legislature further finds that there is a need
for further research and experimentation regarding the use of
marijuana under strictly controlled circumstances. It is for
this purpose that the Controlled Substances Therapeutic
Research Act is hereby enacted. [1979 c 136 § 2.]
69.51.030
69.51.030 Definitions. As used in this chapter:
(1) "Board" means the state board of pharmacy;
(2) "Department" means the department of health.
(3) "Marijuana" means all parts of the plant of the genus
Cannabis L., whether growing or not, the seeds thereof, the
resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation
of the plant, its seeds, or resin; and
(4) "Practitioner" means a physician licensed pursuant to
chapter 18.71 or 18.57 RCW. [1989 1st ex.s. c 9 § 438; 1979
c 136 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.51.040
69.51.040 Controlled substances therapeutic
research program. (1) There is established in the board the
controlled substances therapeutic research program. The program shall be administered by the department. The board
shall promulgate rules necessary for the proper administration of the Controlled Substances Therapeutic Research Act.
In such promulgation, the board shall take into consideration
those pertinent rules promulgated by the United States drug
enforcement agency, the food and drug administration, and
the national institute on drug abuse.
(2) Except as provided in RCW 69.51.050(4), the controlled substances therapeutic research program shall be limited to cancer chemotherapy and radiology patients and glaucoma patients, who are certified to the patient qualification
review committee by a practitioner as being involved in a
life-threatening or sense-threatening situation. No patient
[Title 69 RCW—page 88]
may be admitted to the controlled substances therapeutic
research program without full disclosure by the practitioner
of the experimental nature of this program and of the possible
risks and side effects of the proposed treatment in accordance
with the informed consent provisions of chapter 7.70 RCW.
(3) The board shall provide by rule for a program of registration with the department of bona fide controlled substance therapeutic research projects. [1989 1st ex.s. c 9 §
439; 1979 c 136 § 4.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.51.050
69.51.050 Patient qualification review committee. (1)
The board shall appoint a patient qualification review committee to serve at its pleasure. The patient qualification
review committee shall be comprised of:
(a) A physician licensed to practice medicine in Washington state and specializing in the practice of ophthalmology;
(b) A physician licensed to practice medicine in Washington state and specializing in the subspecialty of medical
oncology;
(c) A physician licensed to practice medicine in Washington state and specializing in the practice of psychiatry; and
(d) A physician licensed to practice medicine in Washington state and specializing in the practice of radiology.
Members of the committee shall be compensated at the
rate of fifty dollars per day for each day spent in the performance of their official duties, and shall receive reimbursement for their travel expenses as provided in RCW 43.03.050
and 43.03.060.
(2) The patient qualification review committee shall
review all applicants for the controlled substance therapeutic
research program and their licensed practitioners and certify
their participation in the program.
(3) The patient qualification review committee and the
board shall insure that the privacy of individuals who participate in the controlled substance therapeutic research program
is protected by withholding from all persons not connected
with the conduct of the research the names and other identifying characteristics of such individuals. Persons authorized
to engage in research under the controlled substance therapeutic research program may not be compelled in any civil,
criminal, administrative, legislative, or other proceeding to
identify the individuals who are the subjects of research for
which the authorization was granted, except to the extent necessary to permit the board to determine whether the research
is being conducted in accordance with the authorization.
(4) The patient qualification review committee may
include other disease groups for participation in the controlled substances therapeutic research program after pertinent medical data have been presented by a practitioner to
both the committee and the board, and after approval for such
participation has been granted pursuant to pertinent rules promulgated by the United States drug enforcement agency, the
food and drug administration, and the national institute on
drug abuse. [1979 c 136 § 5.]
69.51.060 Sources and distribution of marijuana. (1)
The board shall obtain marijuana through whatever means it
deems most appropriate and consistent with regulations pro69.51.060
(2004 Ed.)
Medical Marijuana
mulgated by the United States food and drug administration,
the drug enforcement agency, and the national institute on
drug abuse, and pursuant to the provisions of this chapter.
(2) The board may use marijuana which has been confiscated by local or state law enforcement agencies and has been
determined to be free from contamination.
(3) The board shall distribute the analyzed marijuana to
approved practitioners and/or institutions in accordance with
rules promulgated by the board. [1979 c 136 § 6.]
69.51.080
69.51.080 Cannabis and related products considered
Schedule II substances. (1) The enumeration of tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols in RCW 69.50.204 as a Schedule I controlled substance
does not apply to the use of cannabis, tetrahydrocannabinols,
or a chemical derivative of tetrahydrocannabinols by certified
patients pursuant to the provisions of this chapter.
(2) Cannabis, tetrahydrocannabinols, or a chemical
derivative of tetrahydrocannabinols shall be considered
Schedule II substances as enumerated in RCW 69.50.206
only for the purposes enumerated in this chapter. [1979 c 136
§ 8.]
Chapter 69.51A
Chapter 69.51A RCW
MEDICAL MARIJUANA
Sections
69.51A.005
69.51A.010
69.51A.020
69.51A.030
69.51A.040
69.51A.050
69.51A.060
69.51A.070
69.51A.900
69.51A.901
69.51A.902
69.51A.005
Purpose and intent.
Definitions.
Construction of chapter.
Physicians excepted from state's criminal laws.
Qualifying patients' affirmative defense.
Medical marijuana, lawful possession—State not liable.
Crimes—Limitations of chapter.
Addition of medical conditions.
Short title—1999 c 2.
Severability—1999 c 2.
Captions not law—1999 c 2.
69.51A.005 Purpose and intent. The people of Washington state find that some patients with terminal or debilitating illnesses, under their physician's care, may benefit from
the medical use of marijuana. Some of the illnesses for which
marijuana appears to be beneficial include chemotherapyrelated nausea and vomiting in cancer patients; AIDS wasting
syndrome; severe muscle spasms associated with multiple
sclerosis and other spasticity disorders; epilepsy; acute or
chronic glaucoma; and some forms of intractable pain.
The people find that humanitarian compassion necessitates that the decision to authorize the medical use of marijuana by patients with terminal or debilitating illnesses is a
personal, individual decision, based upon their physician's
professional medical judgment and discretion.
Therefore, the people of the state of Washington intend
that:
Qualifying patients with terminal or debilitating illnesses
who, in the judgment of their physicians, would benefit from
the medical use of marijuana, shall not be found guilty of a
crime under state law for their possession and limited use of
marijuana;
Persons who act as primary caregivers to such patients
shall also not be found guilty of a crime under state law for
assisting with the medical use of marijuana; and
(2004 Ed.)
69.51A.020
Physicians also be excepted from liability and prosecution for the authorization of marijuana use to qualifying
patients for whom, in the physician's professional judgment,
medical marijuana may prove beneficial. [1999 c 2 § 2 (Initiative Measure No. 692, approved November 3, 1998).]
69.51A.010
69.51A.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Medical use of marijuana" means the production,
possession, or administration of marijuana, as defined in
RCW 69.50.101(q), for the exclusive benefit of a qualifying
patient in the treatment of his or her terminal or debilitating
illness.
(2) "Primary caregiver" means a person who:
(a) Is eighteen years of age or older;
(b) Is responsible for the housing, health, or care of the
patient;
(c) Has been designated in writing by a patient to perform the duties of primary caregiver under this chapter.
(3) "Qualifying patient" means a person who:
(a) Is a patient of a physician licensed under chapter
18.71 or 18.57 RCW;
(b) Has been diagnosed by that physician as having a terminal or debilitating medical condition;
(c) Is a resident of the state of Washington at the time of
such diagnosis;
(d) Has been advised by that physician about the risks
and benefits of the medical use of marijuana; and
(e) Has been advised by that physician that they may
benefit from the medical use of marijuana.
(4) "Terminal or debilitating medical condition" means:
(a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity
disorders; or
(b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments
and medications; or
(c) Glaucoma, either acute or chronic, limited for the
purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or
(d) Any other medical condition duly approved by the
Washington state medical quality assurance board [commission] as directed in this chapter.
(5) "Valid documentation" means:
(a) A statement signed by a qualifying patient's physician, or a copy of the qualifying patient's pertinent medical
records, which states that, in the physician's professional
opinion, the potential benefits of the medical use of marijuana would likely outweigh the health risks for a particular
qualifying patient; and
(b) Proof of identity such as a Washington state driver's
license or identicard, as defined in RCW 46.20.035. [1999 c
2 § 6 (Initiative Measure No. 692, approved November 3,
1998).]
69.51A.020
69.51A.020 Construction of chapter. Nothing in this
chapter shall be construed to supersede Washington state law
prohibiting the acquisition, possession, manufacture, sale, or
[Title 69 RCW—page 89]
69.51A.030
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
use of marijuana for nonmedical purposes. [1999 c 2 § 3 (Initiative Measure No. 692, approved November 3, 1998).]
69.51A.030
69.51A.030 Physicians excepted from state's criminal
laws. A physician licensed under chapter 18.71 or 18.57
RCW shall be excepted from the state's criminal laws and
shall not be penalized in any manner, or denied any right or
privilege, for:
(1) Advising a qualifying patient about the risks and benefits of medical use of marijuana or that the qualifying patient
may benefit from the medical use of marijuana where such
use is within a professional standard of care or in the individual physician's medical judgment; or
(2) Providing a qualifying patient with valid documentation, based upon the physician's assessment of the qualifying
patient's medical history and current medical condition, that
the potential benefits of the medical use of marijuana would
likely outweigh the health risks for the particular qualifying
patient. [1999 c 2 § 4 (Initiative Measure No. 692, approved
November 3, 1998).]
(d) Be prohibited from consuming marijuana obtained
for the personal, medical use of the patient for whom the individual is acting as primary caregiver; and
(e) Be the primary caregiver to only one patient at any
one time. [1999 c 2 § 5 (Initiative Measure No. 692,
approved November 3, 1998).]
69.51A.050
69.51A.050 Medical marijuana, lawful possession—
State not liable. (1) The lawful possession or manufacture
of medical marijuana as authorized by this chapter shall not
result in the forfeiture or seizure of any property.
(2) No person shall be prosecuted for constructive possession, conspiracy, or any other criminal offense solely for
being in the presence or vicinity of medical marijuana or its
use as authorized by this chapter.
(3) The state shall not be held liable for any deleterious
outcomes from the medical use of marijuana by any qualifying patient. [1999 c 2 § 7 (Initiative Measure No. 692,
approved November 3, 1998).]
69.51A.060
69.51A.040
69.51A.040 Qualifying patients' affirmative defense.
(1) If charged with a violation of state law relating to marijuana, any qualifying patient who is engaged in the medical
use of marijuana, or any designated primary caregiver who
assists a qualifying patient in the medical use of marijuana,
will be deemed to have established an affirmative defense to
such charges by proof of his or her compliance with the
requirements provided in this chapter. Any person meeting
the requirements appropriate to his or her status under this
chapter shall be considered to have engaged in activities permitted by this chapter and shall not be penalized in any manner, or denied any right or privilege, for such actions.
(2) The qualifying patient, if eighteen years of age or
older, shall:
(a) Meet all criteria for status as a qualifying patient;
(b) Possess no more marijuana than is necessary for the
patient's personal, medical use, not exceeding the amount
necessary for a sixty-day supply; and
(c) Present his or her valid documentation to any law
enforcement official who questions the patient regarding his
or her medical use of marijuana.
(3) The qualifying patient, if under eighteen years of age,
shall comply with subsection (2)(a) and (c) of this section.
However, any possession under subsection (2)(b) of this section, as well as any production, acquisition, and decision as to
dosage and frequency of use, shall be the responsibility of the
parent or legal guardian of the qualifying patient.
(4) The designated primary caregiver shall:
(a) Meet all criteria for status as a primary caregiver to a
qualifying patient;
(b) Possess, in combination with and as an agent for the
qualifying patient, no more marijuana than is necessary for
the patient's personal, medical use, not exceeding the amount
necessary for a sixty-day supply;
(c) Present a copy of the qualifying patient's valid documentation required by this chapter, as well as evidence of
designation to act as primary caregiver by the patient, to any
law enforcement official requesting such information;
[Title 69 RCW—page 90]
69.51A.060 Crimes—Limitations of chapter. (1) It
shall be a misdemeanor to use or display medical marijuana
in a manner or place which is open to the view of the general
public.
(2) Nothing in this chapter requires any health insurance
provider to be liable for any claim for reimbursement for the
medical use of marijuana.
(3) Nothing in this chapter requires any physician to
authorize the use of medical marijuana for a patient.
(4) Nothing in this chapter requires any accommodation
of any medical use of marijuana in any place of employment,
in any school bus or on any school grounds, or in any youth
center.
(5) It is a class C felony to fraudulently produce any
record purporting to be, or tamper with the content of any
record for the purpose of having it accepted as, valid documentation under RCW 69.51A.010(5)(a).
(6) No person shall be entitled to claim the affirmative
defense provided in RCW 69.51A.040 for engaging in the
medical use of marijuana in a way that endangers the health
or well-being of any person through the use of a motorized
vehicle on a street, road, or highway. [1999 c 2 § 8 (Initiative
Measure No. 692, approved November 3, 1998).]
69.51A.070
69.51A.070 Addition of medical conditions. The
Washington state medical quality assurance board [commission], or other appropriate agency as designated by the governor, shall accept for consideration petitions submitted by
physicians or patients to add terminal or debilitating conditions to those included in this chapter. In considering such
petitions, the Washington state medical quality assurance
board [commission] shall include public notice of, and an
opportunity to comment in a public hearing upon, such petitions. The Washington state medical quality assurance board
[commission] shall, after hearing, approve or deny such petitions within one hundred eighty days of submission. The
approval or denial of such a petition shall be considered a
final agency action, subject to judicial review. [1999 c 2 § 9
(Initiative Measure No. 692, approved November 3, 1998).]
(2004 Ed.)
Imitation Controlled Substances
69.51A.900 Short title—1999 c 2. This chapter may be
known and cited as the Washington state medical use of marijuana act. [1999 c 2 § 1 (Initiative Measure No. 692,
approved November 3, 1998).]
69.51A.900
69.51A.901 Severability—1999 c 2. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1999 c 2 § 10 (Initiative Measure No. 692, approved
November 3, 1998).]
69.51A.901
69.51A.902 Captions not law—1999 c 2. Captions
used in this chapter are not any part of the law. [1999 c 2 §
11 (Initiative Measure No. 692, approved November 3,
1998).]
69.51A.902
Chapter 69.52 RCW
IMITATION CONTROLLED SUBSTANCES
Chapter 69.52
Sections
69.52.010
69.52.020
69.52.030
69.52.040
69.52.045
69.52.050
69.52.060
69.52.070
69.52.900
69.52.901
Legislative findings.
Definitions.
Violations—Exceptions.
Seizure of contraband.
Seizure at rental premises—Notification of landlord.
Injunctive action by attorney general authorized.
Injunctive or other legal action by manufacturer of controlled
substances authorized.
Violations—Juvenile driving privileges.
Severability—1982 c 171.
Effective date—1982 c 171.
Drug nuisances—Injunctions: Chapter 7.43 RCW.
69.52.010 Legislative findings. The legislature finds
that imitation controlled substances are being manufactured
to imitate the appearance of the dosage units of controlled
substances for sale to school age youths and others to facilitate the fraudulent sale of controlled substances. The legislature further finds that manufacturers are endeavoring to profit
from the manufacture of these imitation controlled substances while avoiding liability by accurately labeling the
containers or packaging which contain these imitation controlled substances. The close similarity of appearance
between dosage units of imitation controlled substances and
controlled substances is indicative of a deliberate and wilful
attempt to profit by deception without regard to the tragic
human consequences. The use of imitation controlled substances is responsible for a growing number of injuries and
deaths, and the legislature hereby declares that this chapter is
necessary for the protection and preservation of the public
health and safety. [1982 c 171 § 2.]
69.52.010
69.52.045
representation would lead a reasonable person to believe that
the substance is a controlled substance. Appearance includes,
but is not limited to, color, shape, size, and markings of the
dosage unit. Representation includes, but is not limited to,
representations or factors of the following nature:
(a) Statements made by an owner or by anyone else in
control of the substance concerning the nature of the substance, or its use or effect;
(b) Statements made to the recipient that the substance
may be resold for inordinate profit; or
(c) Whether the substance is packaged in a manner normally used for illicit controlled substances.
(4) "Manufacture" means the production, preparation,
compounding, processing, encapsulating, packaging or
repackaging, or labeling or relabeling of an imitation controlled substance. [1982 c 171 § 3.]
69.52.030
69.52.030 Violations—Exceptions. (1) It is unlawful
for any person to manufacture, distribute, or possess with
intent to distribute, an imitation controlled substance. Any
person who violates this subsection shall, upon conviction, be
guilty of a class C felony.
(2) Any person eighteen years of age or over who violates subsection (1) of this section by distributing an imitation
controlled substance to a person under eighteen years of age
is guilty of a class B felony.
(3) It is unlawful for any person to cause to be placed in
any newspaper, magazine, handbill, or other publication, or
to post or distribute in any public place, any advertisement or
solicitation offering for sale imitation controlled substances.
Any person who violates this subsection is guilty of a class C
felony.
(4) No civil or criminal liability shall be imposed by virtue of this chapter on any person registered under the Uniform Controlled Substances Act pursuant to RCW 69.50.301
or 69.50.303 who manufactures, distributes, or possesses an
imitation controlled substance for use as a placebo or other
use by a registered practitioner, as defined in *RCW
69.50.101(t), in the course of professional practice or
research.
(5) No prosecution under this chapter shall be dismissed
solely by reason of the fact that the dosage units were contained in a bottle or other container with a label accurately
describing the ingredients of the imitation controlled substance dosage units. The good faith of the defendant shall be
an issue of fact for the trier of fact. [1983 1st ex.s. c 4 § 5;
1982 c 171 § 4.]
*Reviser's note: The reference to RCW 69.50.101(t) is erroneous.
"Practitioner" is defined in (w) of that section.
Severability—1983 1st ex.s. c 4: See note following RCW 9A.48.070.
69.52.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Controlled substance" means a substance as that
term is defined in chapter 69.50 RCW.
(2) "Distribute" means the actual or constructive transfer
(or attempted transfer) or delivery or dispensing to another of
an imitation controlled substance.
(3) "Imitation controlled substance" means a substance
that is not a controlled substance, but which by appearance or
69.52.020
(2004 Ed.)
69.52.040
69.52.040 Seizure of contraband. Imitation controlled
substances shall be subject to seizure, forfeiture, and disposition in the same manner as are controlled substances under
RCW 69.50.505. [1982 c 171 § 5.]
69.52.045
69.52.045 Seizure at rental premises—Notification of
landlord. Whenever an imitation controlled substance
which is manufactured, distributed, or possessed in violation
of this chapter is seized at rental premises, the law enforce[Title 69 RCW—page 91]
69.52.050
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
ment agency shall make a reasonable attempt to discover the
identity of the landlord and shall notify the landlord in writing, at the last address listed in the property tax records and at
any other address known to the law enforcement agency, of
the seizure and the location of the seizure. [1988 c 150 § 10.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
Chapter 69.53 RCW
USE OF BUILDINGS FOR UNLAWFUL DRUGS
Chapter 69.53
Sections
69.53.010
69.53.020
69.53.030
Unlawful use of building for drug purposes—Liability of
owner or manager—Penalty.
Unlawful fortification of building for drug purposes—Penalty.
Unlawful use of fortified building—Penalty.
69.53.010
69.52.050
69.52.050 Injunctive action by attorney general
authorized. The attorney general is authorized to apply for
injunctive action against a manufacturer or distributor of imitation controlled substances in this state. [1982 c 171 § 6.]
69.52.060
69.52.060 Injunctive or other legal action by manufacturer of controlled substances authorized. Any manufacturer of controlled substances licensed or registered in a
state requiring such licensure or registration, may bring
injunctive or other action against a manufacturer or distributor of imitation controlled substances in this state. [1982 c
171 § 7.]
69.52.070
69.52.070 Violations—Juvenile driving privileges.
(1) If a juvenile thirteen years of age or older and under the
age of twenty-one is found by a court to have committed any
offense that is a violation of this chapter, the court shall notify
the department of licensing within twenty-four hours after
entry of the judgment.
(2) Except as otherwise provided in subsection (3) of this
section, upon petition of a juvenile whose privilege to drive
has been revoked pursuant to RCW 46.20.265, the court may
at any time the court deems appropriate notify the department
of licensing to reinstate the juvenile's privilege to drive.
(3) If the conviction is for the juvenile's first violation of
this chapter or chapter 66.44, 69.41, or 69.50 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265
until the later of ninety days after the date the juvenile turns
sixteen or ninety days after the judgment was entered. If the
conviction was for the juvenile's second or subsequent violation of this chapter or chapter 66.44, 69.41, or 69.50 RCW,
the juvenile may not petition the court for reinstatement of
the juvenile's privilege to drive revoked pursuant to RCW
46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered. [1989 c
271 § 121; 1988 c 148 § 6.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
69.52.900
69.52.900 Severability—1982 c 171. If any provision
of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances
is not affected. [1982 c 171 § 8.]
69.52.901
69.52.901 Effective date—1982 c 171. This act shall
take effect on July 1, 1982. [1982 c 171 § 10.]
[Title 69 RCW—page 92]
69.53.010 Unlawful use of building for drug purposes—Liability of owner or manager—Penalty. (1) It is
unlawful for any person who has under his or her management or control any building, room, space, or enclosure,
either as an owner, lessee, agent, employee, or mortgagee, to
knowingly rent, lease, or make available for use, with or
without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, delivering,
selling, storing, or giving away any controlled substance
under chapter 69.50 RCW, legend drug under chapter 69.41
RCW, or imitation controlled substance under chapter 69.52
RCW.
(2) It shall be a defense for an owner, manager, or other
person in control pursuant to subsection (1) of this section to,
in good faith, notify a law enforcement agency of suspected
drug activity pursuant to subsection (1) of this section, or to
process an unlawful detainer action for drug-related activity
against the tenant or occupant.
(3) A violation of this section is a class C felony punishable under chapter 9A.20 RCW. [1988 c 150 § 13; 1987 c
458 § 7.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
Severability—1987 c 458: See note following RCW 48.21.160.
69.53.020
69.53.020 Unlawful fortification of building for drug
purposes—Penalty. (1) It is unlawful for any person who
has under his or her management or control any building,
room, space, or enclosure, either as an owner, lessee, agent,
employee, or mortgagee, to knowingly allow the building,
room, space, or enclosure to be fortified to suppress law
enforcement entry in order to further the unlawful manufacture, delivery, sale, storage, or gift of any controlled substance under chapter 69.50 RCW, legend drug under chapter
69.41 RCW, or imitation controlled substance under chapter
69.52 RCW.
(2) It shall be a defense for an owner, manager, or other
person in control pursuant to subsection (1) of this section to,
in good faith, notify a law enforcement agency of suspected
drug activity pursuant to subsection (1) of this section, or to
process an unlawful detainer action for drug-related activity
against the tenant or occupant.
(3) A violation of this section is a class C felony punishable under chapter 9A.20 RCW. [1988 c 150 § 14; 1987 c
458 § 8.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
Severability—1987 c 458: See note following RCW 48.21.160.
69.53.030 Unlawful use of fortified building—Penalty. (1) It is unlawful for any person to use a building, room,
space, or enclosure specifically designed to suppress law
enforcement entry in order to unlawfully manufacture,
69.53.030
(2004 Ed.)
Ammonia
deliver, sell, store, or give away any controlled substance
under chapter 69.50 RCW, legend drug under chapter 69.41
RCW, or imitation controlled substance under chapter 69.52
RCW.
(2) A violation of this section is a class C felony punishable under chapter 9A.20 RCW. [1987 c 458 § 9.]
Severability—1987 c 458: See note following RCW 48.21.160.
Chapter 69.55
Chapter 69.55 RCW
AMMONIA
(Formerly: Anhydrous ammonia)
69.60.010
solution equipment, extend to the lawful owner, installer,
maintainer, designer, manufacturer, possessor, or seller of the
pressurized ammonia gas or pressurized ammonia gas solution, or pressurized ammonia gas equipment or pressurized
ammonia gas solution equipment, unless such damages arise
out of the owner, installer, maintainer, designer, manufacturer, possessor, or seller's acts or omissions that constitute
negligent misconduct to abide by the laws regarding pressurized ammonia gas or pressurized ammonia gas solution possession and storage. [2002 c 133 § 3; 2000 c 225 § 3.]
Effective date—2002 c 133: See note following RCW 69.55.010.
Severability—2000 c 225: See note following RCW 69.55.010.
Sections
69.55.010
69.55.020
69.55.030
Theft of ammonia.
Unlawful storage of ammonia.
Damages—Liability.
69.55.010 Theft of ammonia. (1) A person who, with
intent to deprive the owner or owner's agent, wrongfully
obtains pressurized ammonia gas or pressurized ammonia gas
solution, is guilty of theft of ammonia.
(2) Theft of ammonia is a class C felony. [2002 c 133 §
1; 2000 c 225 § 1.]
69.55.010
Effective date—2002 c 133: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 26, 2002]." [2002 c 133 § 5.]
Severability—2000 c 225: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2000 c 225 § 8.]
69.55.020 Unlawful storage of ammonia. A person is
guilty of the crime of unlawful storage of ammonia if the person possesses, transports, or delivers pressurized ammonia
gas or pressurized ammonia gas solution in a container that
(1) is not approved by the United States department of transportation to hold ammonia, or (2) was not constructed to meet
state and federal industrial health and safety standards for
holding ammonia. Violation of this section is a class C felony.
This section does not apply to public employees or private contractors authorized to clean up and dispose of hazardous waste or toxic substances under chapter 70.105 or
70.105D RCW or to solid waste haulers and their employees
who unknowingly possess, transport, or deliver pressurized
ammonia gas or pressurized ammonia gas solution during the
course of the performance of their duties. [2002 c 133 § 2;
2000 c 225 § 2.]
69.55.020
Effective date—2002 c 133: See note following RCW 69.55.010.
Severability—2000 c 225: See note following RCW 69.55.010.
69.55.030 Damages—Liability. Any damages arising
out of the unlawful possession of, storage of, or tampering
with pressurized ammonia gas or pressurized ammonia gas
solution, or pressurized ammonia gas equipment or pressurized ammonia gas solution equipment, shall be the sole
responsibility of the unlawful possessor, storer, or tamperer.
In no case shall liability for damages arising out of the unlawful possession of, storage of, or tampering with pressurized
ammonia gas or pressurized ammonia gas solution, or pressurized ammonia gas equipment or pressurized ammonia gas
69.55.030
(2004 Ed.)
Chapter 69.60
Chapter 69.60 RCW
OVER-THE-COUNTER MEDICATIONS
Sections
69.60.010
69.60.020
69.60.030
69.60.040
69.60.050
69.60.060
69.60.070
69.60.080
69.60.090
69.60.900
69.60.901
Legislative findings.
Definitions.
Identification required.
Imprint information—Publication—Availability.
Noncompliance—Contraband—Fine.
Rules.
Imprinting requirements—Retailers and wholesalers.
Exemptions—Application by manufacturer.
Implementation of federal system—Termination of state system.
Severability—1993 c 135.
Effective date—1993 c 135.
69.60.010
69.60.010 Legislative findings. The legislature of the
state of Washington finds that:
(1) Accidental and purposeful ingestions of solid medication forms continue to be the most frequent cause of poisoning in our state;
(2) Modern treatment is dependent upon knowing the
ingredients of the ingestant;
(3) The imprinting of identifying characteristics on all
tablets, capsules, and caplets of prescription medication
forms, both trade name products and generic products, has
been extremely beneficial in our state and was accomplished
at trivial cost to the manufacturers and consumers;
(4) Although over-the-counter medications usually constitute a lower order of risk to ingestees, treatment after overdose is equally dependent upon knowing the ingredients
involved, but there is no coding index uniformly used by this
class of medication;
(5) Approximately seventy percent of over-the-counter
medications in solid form already have some type of an identifier imprinted on their surfaces;
(6) While particular efforts are being instituted to prevent recurrent tampering with over-the-counter medications,
the added benefit of rapid and prompt identification of all
possible contaminated products, including over-the-counter
medications, would make for a significant improvement in
planning for appropriate tracking and monitoring programs;
(7) At the same time, health care professionals serving
the elderly find it especially advantageous to be able to identify and confirm the ingredients of their multiple medications,
including over-the-counter products, as are often consumed
by such patients;
(8) The legislature supports and encourages efforts that
are being made to establish a national, legally enforceable
[Title 69 RCW—page 93]
69.60.020
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
system governing the imprinting of solid dosage form overthe-counter medications, which system is consistent with the
requirements of this chapter. [1989 c 247 § 1.]
(2) A purveyor who fails to comply with this chapter
after one notice of noncompliance by the board is subject to a
one thousand dollar civil fine for each instance of noncompliance. [1989 c 247 § 5.]
69.60.020
69.60.020 Definitions. The terms defined in this section shall have the meanings indicated when used in this
chapter.
(1) "Solid dosage form" means capsules or tablets or
similar over-the-counter medication products intended for
administration and which could be ingested orally.
(2) "Over-the-counter medication" means a drug that can
be obtained without a prescription and is not restricted to use
by prescribing practitioners. For purposes of this chapter,
over-the-counter medication does not include vitamins.
(3) "Board" means the state board of pharmacy.
(4) "Purveyor" means any corporation, person, or other
entity that offers over-the-counter medications for wholesale,
retail, or other type of sale. [1989 c 247 § 3.]
69.60.060
69.60.060 Rules. The board shall have authority to promulgate rules for the enforcement and implementation of this
chapter. [1989 c 247 § 6.]
69.60.070
69.60.070 Imprinting requirements—Retailers and
wholesalers. All over-the-counter medications manufactured in, received by, distributed to, or shipped to any retailer
or wholesaler in this state after January 1, 1994, shall meet
the requirements of this chapter. No over-the-counter medication may be sold to a consumer in this state after January 1,
1995, unless such over-the-counter medication complies with
the imprinting requirements of this chapter. [1993 c 135 § 2;
1989 c 247 § 7.]
69.60.080
69.60.030
69.60.030 Identification required. (1) No over-thecounter medication in solid dosage form may be manufactured or commercially distributed within this state unless it
has clearly marked or imprinted on it an individual symbol,
number, company name, words, letters, marking, or national
drug code number identifying the medication and the manufacturer or distributor of the medication: PROVIDED,
HOWEVER, That an over-the-counter medication which has
clearly marked or imprinted on it a distinctive logo, symbol,
product name, letters, or other identifying mark, or which by
its color, shape, or size together with a distinctive logo, symbol, product name, letters, or other mark is identifiable, shall
be deemed in compliance with the provisions of this chapter.
(2) No manufacturer may sell any over-the-counter medication in solid dosage form contained within a bottle, vial,
carton, or other container, or in any way affixed or appended
to or enclosed within a package of any kind designed or
intended for delivery in such container or package to an ultimate consumer within this state unless such container or
package has clearly and permanently marked or imprinted on
it an individual symbol, number, company name, words, letters, marking, or national drug code number identifying the
medication and the manufacturer, packer, or distributor of the
medication. [1993 c 135 § 1; 1989 c 247 § 2.]
69.60.040
69.60.040 Imprint information—Publication—
Availability. Each manufacturer shall publish and provide to
the board printed material which will identify each current
imprint used by the manufacturer and the board shall be notified of any change. This information shall be provided by the
board to all pharmacies licensed in the state of Washington,
poison control centers, and hospital emergency rooms. [1989
c 247 § 4.]
69.60.080 Exemptions—Application by manufacturer. The board, upon application of a manufacturer, may
exempt an over-the-counter drug from the requirements of
chapter 69.60 RCW on the grounds that imprinting is infeasible because of size, texture, or other unique characteristics.
[1989 c 247 § 8.]
69.60.090
69.60.090 Implementation of federal system—Termination of state system. Before January 1, 1994, the board
of pharmacy will consult with the state toxicologist to determine whether the federal government has established a
legally enforceable system that is substantially equivalent to
the requirements of this chapter that govern the imprinting of
solid dosage form over-the-counter medication. To be substantially equivalent, the effective dates for implementation
of the federal system for imprinting solid dosage form overthe-counter medication must be the same or earlier than the
dates of implementation set out in the state system for
imprinting solid dosage form over-the-counter medication. If
the board determines that the federal system for imprinting
solid dosage form over-the-counter medication is substantially equivalent to the state system for imprinting solid dosage form over-the-counter medication, this chapter will cease
to exist on January 1, 1994. If the board determines that the
federal system is substantially equivalent, except that the federal dates for implementation are later than the Washington
state dates, this chapter will cease to exist when the federal
system is implemented. [1993 c 135 § 3; 1989 c 247 § 9.]
69.60.900
69.60.900 Severability—1993 c 135. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 135 § 4.]
69.60.050
69.60.050 Noncompliance—Contraband—Fine. (1)
Any over-the-counter medication prepared or manufactured
or offered for sale in violation of this chapter or implementing rules shall be contraband and subject to seizure, in the
same manner as contraband legend drugs under RCW
69.41.060.
[Title 69 RCW—page 94]
69.60.901
69.60.901 Effective date—1993 c 135. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[April 30, 1993]. [1993 c 135 § 5.]
(2004 Ed.)
Food Donation and Distribution—Liability
Chapter 69.80
Chapter 69.80 RCW
FOOD DONATION AND
DISTRIBUTION—LIABILITY
Sections
69.80.010
69.80.020
69.80.031
69.80.040
69.80.050
69.80.060
69.80.900
Purpose.
Definitions.
Good samaritan food donation act—Definitions—Collecting,
distributing, gleaning—Liability.
Information and referral service for food donation program.
Inspection of donated food by state and local agencies—Variance.
Safe receipt, preparation, and handling of donated food—
Rules—Educational materials.
Construction.
69.80.010
69.80.010 Purpose. The purpose of this chapter is to
promote the free distribution of food to needy persons, prevent waste of food products, and provide liability protection
for persons and organizations donating or distributing such
food products. [1983 c 241 § 1.]
69.80.020
69.80.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Distributing organization" means a charitable nonprofit organization under section 501(c) of the federal internal revenue code which distributes food free of charge and
includes any nonprofit organization that distributes food free
of charge to other nonprofit organizations or to the public.
(2) "Donor" means a person, corporation, association, or
other organization which donates food to a distributing organization. "Donor" includes, but is not limited to, farmers, processors, distributors, wholesalers, and retailers of food.
"Donor" also includes persons who harvest agricultural crops
or perishable foods which have been donated by the owner to
a distributing organization.
(3) "Food" means food products for human consumption
as defined in RCW 69.04.008. [1983 c 241 § 2.]
69.80.031
69.80.031 Good samaritan food donation act—Definitions—Collecting, distributing, gleaning—Liability. (1)
This section may be cited as the "good samaritan food donation act."
(2) As used in this section:
(a) "Apparently fit grocery product" means a grocery
product that meets all quality and labeling standards imposed
by federal, state, and local laws and regulations even though
the product may not be readily marketable due to appearance,
age, freshness, grade, size, surplus, or other conditions.
(b) "Apparently wholesome food" means food that meets
all quality and labeling standards imposed by federal, state,
and local laws and regulations even though the food may not
be readily marketable due to appearance, age, freshness,
grade, size, surplus, or other conditions.
(c) "Donate" means to give without requiring anything of
monetary value from the recipient, except that the term shall
include giving by a nonprofit organization to another nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if
the ultimate recipient or user is not required to give anything
of monetary value.
(2004 Ed.)
69.80.031
(d) "Food" means a raw, cooked, processed, or prepared
edible substance, ice, beverage, or ingredient used or
intended for use in whole or in part for human consumption.
(e) "Gleaner" means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural
crop that has been donated by the owner.
(f) "Grocery product" means a nonfood grocery product,
including a disposable paper or plastic product, household
cleaning product, laundry detergent, cleaning product, or
miscellaneous household item.
(g) "Gross negligence" means voluntary and conscious
conduct by a person with knowledge, at the time of the conduct, that the conduct is likely to be harmful to the health or
well-being of another person.
(h) "Intentional misconduct" means conduct by a person
with knowledge, at the time of the conduct, that the conduct
is harmful to the health or well-being of another person.
(i) "Nonprofit organization" means an incorporated or
unincorporated entity that:
(i) Is operating for religious, charitable, or educational
purposes; and
(ii) Does not provide net earnings to, or operate in any
other manner that inures to the benefit of, any officer,
employee, or shareholder of the entity.
(j) "Person" means an individual, corporation, partnership, organization, association, or governmental entity,
including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, the term
includes an officer, director, partner, deacon, trustee, councilmember, or other elected or appointed individual responsible for the governance of the entity.
(3) A person or gleaner is not subject to civil or criminal
liability arising from the nature, age, packaging, or condition
of apparently wholesome food or an apparently fit grocery
product that the person or gleaner donates in good faith to a
nonprofit organization for ultimate distribution to needy individuals, except that this subsection does not apply to an
injury to or death of an ultimate user or recipient of the food
or grocery product that results from an act or omission of the
donor constituting gross negligence or intentional misconduct.
(4) A person who allows the collection or gleaning of
donations on property owned or occupied by the person by
gleaners, or paid or unpaid representatives of a nonprofit
organization, for ultimate distribution to needy individuals is
not subject to civil or criminal liability that arises due to the
injury or death of the gleaner or representative, except that
this subsection does not apply to an injury or death that
results from an act or omission of the person constituting
gross negligence or intentional misconduct.
(5) If some or all of the donated food and grocery products do not meet all quality and labeling standards imposed
by federal, state, and local laws and regulations, the person or
gleaner who donates the food and grocery products is not
subject to civil or criminal liability in accordance with this
section if the nonprofit organization that receives the donated
food or grocery products:
[Title 69 RCW—page 95]
69.80.040
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(a) Is informed by the donor of the distressed or defective condition of the donated food or grocery products;
(b) Agrees to recondition the donated food or grocery
products to comply with all the quality and labeling standards
prior to distribution; and
(c) Is knowledgeable of the standards to properly recondition the donated food or grocery product.
(6) This section may not be construed to create liability.
[1994 c 299 § 36.]
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
69.80.040
69.80.040 Information and referral service for food
donation program. The department of agriculture shall
maintain an information and referral service for persons and
organizations that have notified the department of their desire
to participate in the food donation program under this chapter. [1983 c 241 § 4.]
69.80.900
69.80.900 Construction. Nothing in this chapter may
be construed to create any liability of, or penalty against a
donor or distributing organization except as provided in
RCW 69.80.031. [1994 c 299 § 38; 1983 c 241 § 5.]
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
Chapter 69.90
Chapter 69.90 RCW
KOSHER FOOD PRODUCTS
Sections
69.90.010
69.90.020
69.90.030
69.90.900
Definitions.
Sale of "kosher" and "kosher style" food products prohibited if
not kosher—Representations—Penalty.
Violation of chapter is violation of consumer protection act.
Short title.
Organic food products: Chapter 15.86 RCW.
69.90.010
69.80.050
69.80.050 Inspection of donated food by state and
local agencies—Variance. (1) Appropriate state and local
agencies are authorized to inspect donated food items for
wholesomeness and may establish procedures for the handling of food items.
(2) To facilitate the free distribution of food to needy
persons, the local health officer, upon request from either a
donor or distributing organization, may grant a variance to
chapter 246-215 WAC covering physical facilities, equipment standards, and food source requirements when no
known or expected health hazard would exist as a result of
the action. [2002 c 217 § 3; 1983 c 241 § 6.]
Effective date—2002 c 217 § 3: "Section 3 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [March 28, 2002]." [2002 c 217 § 4.]
Finding—Purpose—2002 c 217: "The legislature finds and declares
that the distribution of food by donors to charitable organizations, such as
shelters, churches, and fraternal organizations, serving communal meals to
needy individuals can be done safely consistent with rules and recommended
health and safety guidelines. The establishment of recommended donor
guidelines by the department of health can educate the public about the preparation and handling of food donated to charitable organizations for distribution to homeless and other needy people. The purpose of this act is to authorize and facilitate the donation of food to needy persons in accordance with
health and safety guidelines and rules, to assure that the donated food will
not place needy recipients at risk, and to encourage businesses and individuals to donate surplus food to charitable organizations serving our state's
needy population." [2002 c 217 § 1.]
69.80.060
69.80.060 Safe receipt, preparation, and handling of
donated food—Rules—Educational materials. (1) No
later than December 31, 2004, the state board of health shall
promulgate rules for the safe receipt, preparation, and handling by distributing organizations of food accepted from
donors in order to facilitate the donation of food, free of
charge, and to protect the health and safety of needy people.
(2) No later than December 31, 2004, the department of
health, in consultation with the state board of health, shall
develop educational materials for donors containing recommended health and safety guidelines for the preparation and
handling of food donated to distributing organizations. [2002
c 217 § 2.]
69.90.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Food product" includes any article other than drugs,
whether in raw or prepared form, liquid or solid, or packaged
or unpackaged, and which is used for human consumption.
(2) "Kosher" means a food product which has been prepared, processed, manufactured, maintained, and sold in
accordance with the requisites of traditional Jewish dietary
law.
(3) "Person" includes individuals, partnerships, corporations, and associations. [1985 c 127 § 2.]
69.90.020
69.90.020 Sale of "kosher" and "kosher style" food
products prohibited if not kosher—Representations—
Penalty. (1) No person may knowingly sell or offer for sale
any food product represented as "kosher" or "kosher style"
when that person knows that the food product is not kosher
and when the representation is likely to cause a prospective
purchaser to believe that it is kosher. Such a representation
can be made orally or in writing, or by display of a sign,
mark, insignia, or simulation.
(2) A person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 349; 1985 c 127 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.90.030
69.90.030 Violation of chapter is violation of consumer protection act. A violation of this chapter shall constitute a violation of the consumer protection act, chapter
19.86 RCW. [1985 c 127 § 4.]
69.90.900
69.90.900 Short title. This chapter shall be known as
the sale of kosher food products act of 1985. [1985 c 127 §
1.]
Finding—Purpose—2002 c 217: See note following RCW 69.80.050.
[Title 69 RCW—page 96]
(2004 Ed.)
Title 70
Title 70
PUBLIC HEALTH AND SAFETY
Chapters
70.01
General provisions.
70.02
Medical records—Health care information
access and disclosure.
70.05
Local health departments, boards, officers—
Regulations.
70.08
Combined city-county health departments.
70.10
Comprehensive community health centers.
70.12
Public health funds.
70.14
Health care services purchased by state agencies.
70.22
Mosquito control.
70.24
Control and treatment of sexually transmitted
diseases.
70.28
Control of tuberculosis.
70.30
Tuberculosis hospitals, facilities, and funding.
70.37
Health care facilities.
70.38
Health planning and development.
70.40
Hospital and medical facilities survey and construction act.
70.41
Hospital licensing and regulation.
70.42
Medical test sites.
70.43
Hospital staff membership or privileges.
70.44
Public hospital districts.
70.45
Acquisition of nonprofit hospitals.
70.46
Health districts.
70.47
Basic health plan—Health care access act.
70.48
City and county jails act.
70.48A
Jail improvement and construction—Bond
issue.
70.50
State otologist.
70.54
Miscellaneous health and safety provisions.
70.58
Vital statistics.
70.62
Transient accommodations—Licensing—
Inspections.
70.74
Washington state explosives act.
70.75
Fire fighting equipment—Standardization.
70.77
State fireworks law.
70.79
Boilers and unfired pressure vessels.
70.82
Cerebral palsy program.
70.83
Phenylketonuria and other preventable heritable disorders.
70.83C
Alcohol and drug use treatment associated
with pregnancy—Fetal alcohol syndrome.
70.83E
Prenatal newborn screening for exposure to
harmful drugs.
70.84
Blind, handicapped, and disabled persons—
"White cane law."
70.85
Emergency party line telephone calls—Limiting telephone communication in hostage
situations.
70.86
Earthquake standards for construction.
70.87
Elevators, lifting devices, and moving walks.
70.90
Water recreation facilities.
70.92
Provisions in buildings for aged and handicapped persons.
70.93
Waste reduction, recycling, and model litter
control act.
70.94
Washington clean air act.
(2004 Ed.)
70.95
70.95A
70.95B
70.95C
70.95D
70.95E
70.95F
70.95G
70.95H
70.95I
70.95J
70.95K
70.95L
70.95M
70.96
70.96A
70.98
70.99
70.100
70.102
70.103
70.104
70.105
70.105A
70.105D
70.106
70.107
70.108
70.110
70.111
70.112
70.114
70.114A
70.115
70.116
70.118
70.119
70.119A
70.120
70.121
70.122
70.123
70.124
70.125
70.126
70.127
70.128
70.129
70.132
Solid waste management—Reduction and
recycling.
Pollution control—Municipal bonding authority.
Domestic waste treatment plants—Operators.
Waste reduction.
Solid waste incinerator and landfill operators.
Hazardous waste fees.
Labeling of plastics.
Packages containing metals.
Clean Washington center.
Used oil recycling.
Municipal sewage sludge—Biosolids.
Biomedical waste.
Detergent phosphorus content.
Mercury.
Alcoholism.
Treatment for alcoholism, intoxication, and
drug addiction.
Nuclear energy and radiation.
Radioactive waste storage and transportation
act of 1980.
Eye protection—Public and private educational institutions.
Hazardous substance information.
Lead-based paint.
Pesticides—Health hazards.
Hazardous waste management.
Hazardous waste fees.
Hazardous waste cleanup—Model toxics control act.
Poison prevention—Labeling and packaging.
Noise control.
Outdoor music festivals.
Flammable fabrics—Children's sleepwear.
Infant crib safety act.
Family medicine—Education and residency
programs.
Migrant labor housing.
Temporary worker housing—Health and
safety regulation.
Drug injection devices.
Public water system coordination act of 1977.
On-site sewage disposal systems.
Public water supply systems—Operators.
Public water systems—Penalties and compliance.
Motor vehicle emission control.
Mill tailings—Licensing and perpetual care.
Natural death act.
Shelters for victims of domestic violence.
Abuse of patients—Nursing homes, state hospitals.
Victims of sexual assault act.
Home health care and hospice care.
In-home services agencies.
Adult family homes.
Long-term care resident rights.
Beverage containers.
[Title 70 RCW—page 1]
Chapter 70.01
70.136
70.138
70.142
70.146
70.148
70.149
70.150
70.155
70.157
70.158
70.160
70.162
70.164
70.168
70.170
70.175
70.180
70.185
70.190
70.195
70.198
70.200
70.210
Title 70 RCW: Public Health and Safety
Hazardous materials incidents.
Incinerator ash residue.
Chemical contaminants and water quality.
Water pollution control facilities financing.
Underground petroleum storage tanks.
Heating oil pollution liability protection act.
Water quality joint development act.
Tobacco—Access to minors.
National uniform tobacco settlement—Nonparticipating tobacco product manufacturers.
Tobacco product manufacturers.
Washington clean indoor air act.
Indoor air quality in public buildings.
Low-income residential weatherization program.
Statewide trauma care system.
Health data and charity care.
Rural health system project.
Rural health care.
Rural and underserved areas—Health care
professional recruitment and retention.
Family policy council.
Early intervention services—Birth to six.
Early intervention services—Hearing loss.
Donations for children.
Investing in innovation grants program.
Asbestos, regulation of use: Chapter 49.26 RCW.
Autopsies, post mortems: Chapter 68.50 RCW.
Board of health and bureau of vital statistics authorized: State Constitution
Art. 20 § 1.
Child labor: Chapter 49.12 RCW.
Civil defense: Chapter 38.52 RCW.
Control of pet animals infected with diseases communicable to humans:
Chapter 16.70 RCW.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Dangerous caustic and corrosive substances: Chapter 69.36 RCW.
State patrol: Chapter 43.43 RCW.
Water pollution control: Chapter 90.48 RCW.
Chapter 70.01
Chapter 70.01 RCW
GENERAL PROVISIONS
Sections
70.01.010
70.01.020
Cooperation with federal government—Construction.
Donation of blood by person eighteen or over without parental
consent authorized.
70.01.010
70.01.010 Cooperation with federal government—
Construction. In furtherance of the policy of this state to
cooperate with the federal government in the public health
programs, the department of social and health services shall
adopt such rules and regulations as may become necessary to
entitle this state to participate in federal funds unless the same
be expressly prohibited by law. Any section or provision of
the public health laws of this state which may be susceptible
to more than one construction shall be interpreted in favor of
the construction most likely to satisfy federal laws entitling
this state to receive federal funds for the various programs of
public health. [1985 c 213 § 14; 1969 ex.s. c 25 § 1; 1967
ex.s. c 102 § 12.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
70.01.020
70.01.020 Donation of blood by person eighteen or
over without parental consent authorized. Any person of
the age of eighteen years or over shall be eligible to donate
blood in any voluntary and noncompensatory blood program
without the necessity of obtaining parental permission or
authorization. [1969 c 51 § 1.]
Chapter 70.02 RCW
MEDICAL RECORDS—HEALTH CARE
INFORMATION ACCESS AND DISCLOSURE
Chapter 70.02
Department of social and health services: Chapter 43.20A RCW.
Electricians and electrical installations: Chapter 19.28 RCW.
Fire protection board, state: Chapter 48.48 RCW.
Food processing act: Chapter 69.07 RCW.
Sections
Health care service contractors: Chapter 48.44 RCW.
70.02.005
70.02.010
70.02.020
70.02.030
70.02.040
70.02.045
70.02.050
70.02.060
70.02.070
70.02.080
70.02.090
70.02.100
70.02.110
Health measures in public schools: Chapter 28A.210 RCW, RCW
28A.210.300.
Immunization program, local health department participation: RCW
28A.210.060 through 28A.210.170.
Industrial safety and health: Chapter 49.17 RCW.
Inhaling toxic fumes: Chapter 9.47A RCW.
Milk and milk products for animal food: Chapter 15.37 RCW.
Natural gas, regulations: RCW 80.28.210.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Findings.
Definitions.
Disclosure by health care provider.
Patient authorization of disclosure.
Patient's revocation of authorization for disclosure.
Third-party payor release of information.
Disclosure without patient's authorization.
Discovery request or compulsory process.
Certification of record.
Patient's examination and copying—Requirements.
Patient's request—Denial of examination and copying.
Correction or amendment of record.
Correction or amendment or statement of disagreement—Procedure.
Notice of information practices—Display conspicuously.
Consent by others—Health care representatives.
Representative of deceased patient.
Security safeguards.
Retention of record.
Civil remedies.
Licensees under chapter 18.225 RCW—Subject to chapter.
Conflicting laws.
Application and construction—1991 c 335.
Short title.
Severability—1991 c 335.
Captions not law—1991 c 335.
State board of health: Chapter 43.20 RCW.
70.02.120
70.02.130
70.02.140
70.02.150
70.02.160
70.02.170
70.02.180
70.02.900
70.02.901
70.02.902
70.02.903
70.02.904
State coordinator of search and rescue operations: RCW 38.52.030.
Record retention by hospitals: RCW 70.41.190.
Regulation of passenger watercraft for hire: Chapter 88.04 RCW.
Rural public hospital districts: RCW 70.44.450.
Safety in coal mines: Title 78 RCW.
Safety with respect to electrical construction: Chapter 19.29 RCW.
Sale or gift of tobacco to minor is gross misdemeanor: RCW 26.28.080.
Sanitary control of shellfish: Chapter 69.30 RCW.
Social and health services, department of: Chapter 43.20A RCW.
[Title 70 RCW—page 2]
(2004 Ed.)
Medical Records—Health Care Information Access and Disclosure
70.02.005
70.02.005 Findings. The legislature finds that:
(1) Health care information is personal and sensitive
information that if improperly used or released may do significant harm to a patient's interests in privacy, health care, or
other interests.
(2) Patients need access to their own health care information as a matter of fairness to enable them to make informed
decisions about their health care and correct inaccurate or
incomplete information about themselves.
(3) In order to retain the full trust and confidence of
patients, health care providers have an interest in assuring
that health care information is not improperly disclosed and
in having clear and certain rules for the disclosure of health
care information.
(4) Persons other than health care providers obtain, use,
and disclose health record information in many different contexts and for many different purposes. It is the public policy
of this state that a patient's interest in the proper use and disclosure of the patient's health care information survives even
when the information is held by persons other than health
care providers.
(5) The movement of patients and their health care information across state lines, access to and exchange of health
care information from automated data banks, and the emergence of multistate health care providers creates a compelling
need for uniform law, rules, and procedures governing the
use and disclosure of health care information. [1991 c 335 §
101.]
70.02.010
70.02.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not
employed by or affiliated with the provider to determine
compliance with:
(a) Statutory, regulatory, fiscal, medical, or scientific
standards;
(b) A private or public program of payments to a health
care provider; or
(c) Requirements for licensing, accreditation, or certification.
(2) "Directory information" means information disclosing the presence, and for the purpose of identification, the
name, residence, sex, and the general health condition of a
particular patient who is a patient in a health care facility or
who is currently receiving emergency health care in a health
care facility.
(3) "General health condition" means the patient's health
status described in terms of "critical," "poor," "fair," "good,"
"excellent," or terms denoting similar conditions.
(4) "Health care" means any care, service, or procedure
provided by a health care provider:
(a) To diagnose, treat, or maintain a patient's physical or
mental condition; or
(b) That affects the structure or any function of the
human body.
(5) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health
care provider provides health care to patients.
(2004 Ed.)
70.02.020
(6) "Health care information" means any information,
whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient
and directly relates to the patient's health care, including a
patient's deoxyribonucleic acid and identified sequence of
chemical base pairs. The term includes any record of disclosures of health care information.
(7) "Health care provider" means a person who is
licensed, certified, registered, or otherwise authorized by the
law of this state to provide health care in the ordinary course
of business or practice of a profession.
(8) "Institutional review board" means any board, committee, or other group formally designated by an institution,
or authorized under federal or state law, to review, approve
the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of
human research subjects.
(9) "Maintain," as related to health care information,
means to hold, possess, preserve, retain, store, or control that
information.
(10) "Patient" means an individual who receives or has
received health care. The term includes a deceased individual
who has received health care.
(11) "Person" means an individual, corporation, business
trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other
legal or commercial entity.
(12) "Reasonable fee" means the charges for duplicating
or searching the record, but shall not exceed sixty-five cents
per page for the first thirty pages and fifty cents per page for
all other pages. In addition, a clerical fee for searching and
handling may be charged not to exceed fifteen dollars. These
amounts shall be adjusted biennially in accordance with
changes in the consumer price index, all consumers, for Seattle-Tacoma metropolitan statistical area as determined by the
secretary of health. However, where editing of records by a
health care provider is required by statute and is done by the
provider personally, the fee may be the usual and customary
charge for a basic office visit.
(13) "Third-party payor" means an insurer regulated
under Title 48 RCW authorized to transact business in this
state or other jurisdiction, including a health care service contractor, and health maintenance organization; or an employee
welfare benefit plan; or a state or federal health benefit program. [2002 c 318 § 1; 1993 c 448 § 1; 1991 c 335 § 102.]
Reviser's note: For charges or fees under subsection (12) of this section
as adjusted by the secretary of health, see chapter 246-08 WAC.
Effective date—1993 c 448: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 448 § 9.]
70.02.020
70.02.020 Disclosure by health care provider. Except
as authorized in RCW 70.02.050, a health care provider, an
individual who assists a health care provider in the delivery
of health care, or an agent and employee of a health care provider may not disclose health care information about a patient
to any other person without the patient's written authorization. A disclosure made under a patient's written authorization must conform to the authorization.
[Title 70 RCW—page 3]
70.02.030
Title 70 RCW: Public Health and Safety
Health care providers or facilities shall chart all disclosures, except to third-party payors, of health care information, such chartings to become part of the health care information. [1993 c 448 § 2; 1991 c 335 § 201.]
Effective date—1993 c 448: See note following RCW 70.02.010.
70.02.030
70.02.030 Patient authorization of disclosure. (1) A
patient may authorize a health care provider to disclose the
patient's health care information. A health care provider shall
honor an authorization and, if requested, provide a copy of
the recorded health care information unless the health care
provider denies the patient access to health care information
under RCW 70.02.090.
(2) A health care provider may charge a reasonable fee
for providing the health care information and is not required
to honor an authorization until the fee is paid.
(3) To be valid, a disclosure authorization to a health
care provider shall:
(a) Be in writing, dated, and signed by the patient;
(b) Identify the nature of the information to be disclosed;
(c) Identify the name, address, and institutional affiliation of the person to whom the information is to be disclosed;
(d) Except for third-party payors, identify the provider
who is to make the disclosure; and
(e) Identify the patient.
(4) Except as provided by this chapter, the signing of an
authorization by a patient is not a waiver of any rights a
patient has under other statutes, the rules of evidence, or common law.
(5) A health care provider shall retain each authorization
or revocation in conjunction with any health care information
from which disclosures are made. This requirement shall not
apply to disclosures to third-party payors.
(6) Except for authorizations given pursuant to an agreement with a treatment or monitoring program or disciplinary
authority under chapter 18.71 or 18.130 RCW, when the
patient is under the supervision of the department of corrections, or to provide information to third-party payors, an
authorization may not permit the release of health care information relating to future health care that the patient receives
more than ninety days after the authorization was signed.
Patients shall be advised of the period of validity of their
authorization on the disclosure authorization form. If the
authorization does not contain an expiration date and the
patient is not under the supervision of the department of corrections, it expires ninety days after it is signed.
(7) Where the patient is under the supervision of the
department of corrections, an authorization signed pursuant
to this section for health care information related to mental
health or drug or alcohol treatment expires at the end of the
term of supervision, unless the patient is part of a treatment
program that requires the continued exchange of information
until the end of the period of treatment. [2004 c 166 § 19;
1994 sp.s. c 9 § 741; 1993 c 448 § 3; 1991 c 335 § 202.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1993 c 448: See note following RCW 70.02.010.
[Title 70 RCW—page 4]
70.02.040
70.02.040 Patient's revocation of authorization for
disclosure. A patient may revoke in writing a disclosure
authorization to a health care provider at any time unless disclosure is required to effectuate payments for health care that
has been provided or other substantial action has been taken
in reliance on the authorization. A patient may not maintain
an action against the health care provider for disclosures
made in good-faith reliance on an authorization if the health
care provider had no actual notice of the revocation of the
authorization. [1991 c 335 § 203.]
70.02.045
70.02.045 Third-party payor release of information.
Third-party payors shall not release health care information
disclosed under this chapter, except to the extent that health
care providers are authorized to do so under RCW 70.02.050.
[2000 c 5 § 2.]
Intent—Purpose—2000 c 5: See RCW 48.43.005.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
70.02.050
70.02.050 Disclosure without patient's authorization.
(1) A health care provider may disclose health care information about a patient without the patient's authorization to the
extent a recipient needs to know the information, if the disclosure is:
(a) To a person who the provider reasonably believes is
providing health care to the patient;
(b) To any other person who requires health care information for health care education, or to provide planning,
quality assurance, peer review, or administrative, legal,
financial, or actuarial services to the health care provider; or
for assisting the health care provider in the delivery of health
care and the health care provider reasonably believes that the
person:
(i) Will not use or disclose the health care information
for any other purpose; and
(ii) Will take appropriate steps to protect the health care
information;
(c) To any other health care provider reasonably believed
to have previously provided health care to the patient, to the
extent necessary to provide health care to the patient, unless
the patient has instructed the health care provider in writing
not to make the disclosure;
(d) To any person if the health care provider reasonably
believes that disclosure will avoid or minimize an imminent
danger to the health or safety of the patient or any other individual, however there is no obligation under this chapter on
the part of the provider to so disclose;
(e) Oral, and made to immediate family members of the
patient, or any other individual with whom the patient is
known to have a close personal relationship, if made in accordance with good medical or other professional practice,
unless the patient has instructed the health care provider in
writing not to make the disclosure;
(f) To a health care provider who is the successor in
interest to the health care provider maintaining the health
care information;
(g) For use in a research project that an institutional
review board has determined:
(2004 Ed.)
Medical Records—Health Care Information Access and Disclosure
(i) Is of sufficient importance to outweigh the intrusion
into the privacy of the patient that would result from the disclosure;
(ii) Is impracticable without the use or disclosure of the
health care information in individually identifiable form;
(iii) Contains reasonable safeguards to protect the information from redisclosure;
(iv) Contains reasonable safeguards to protect against
identifying, directly or indirectly, any patient in any report of
the research project; and
(v) Contains procedures to remove or destroy at the earliest opportunity, consistent with the purposes of the project,
information that would enable the patient to be identified,
unless an institutional review board authorizes retention of
identifying information for purposes of another research
project;
(h) To a person who obtains information for purposes of
an audit, if that person agrees in writing to:
(i) Remove or destroy, at the earliest opportunity consistent with the purpose of the audit, information that would
enable the patient to be identified; and
(ii) Not to disclose the information further, except to
accomplish the audit or report unlawful or improper conduct
involving fraud in payment for health care by a health care
provider or patient, or other unlawful conduct by the health
care provider;
(i) To an official of a penal or other custodial institution
in which the patient is detained;
(j) To provide directory information, unless the patient
has instructed the health care provider not to make the disclosure;
(k) In the case of a hospital or health care provider to
provide, in cases reported by fire, police, sheriff, or other
public authority, name, residence, sex, age, occupation, condition, diagnosis, or extent and location of injuries as determined by a physician, and whether the patient was conscious
when admitted.
(2) A health care provider shall disclose health care
information about a patient without the patient's authorization if the disclosure is:
(a) To federal, state, or local public health authorities, to
the extent the health care provider is required by law to report
health care information; when needed to determine compliance with state or federal licensure, certification or registration rules or laws; or when needed to protect the public
health;
(b) To federal, state, or local law enforcement authorities
to the extent the health care provider is required by law;
(c) To county coroners and medical examiners for the
investigations of deaths;
(d) Pursuant to compulsory process in accordance with
RCW 70.02.060.
(3) All state or local agencies obtaining patient health
care information pursuant to this section shall adopt rules
establishing their record acquisition, retention, and security
policies that are consistent with this chapter. [1998 c 158 § 1;
1993 c 448 § 4; 1991 c 335 § 204.]
Effective date—1993 c 448: See note following RCW 70.02.010.
(2004 Ed.)
70.02.080
70.02.060 Discovery request or compulsory process.
(1) Before service of a discovery request or compulsory process on a health care provider for health care information, an
attorney shall provide advance notice to the health care provider and the patient or the patient's attorney involved
through service of process or first class mail, indicating the
health care provider from whom the information is sought,
what health care information is sought, and the date by which
a protective order must be obtained to prevent the health care
provider from complying. Such date shall give the patient and
the health care provider adequate time to seek a protective
order, but in no event be less than fourteen days since the date
of service or delivery to the patient and the health care provider of the foregoing. Thereafter the request for discovery or
compulsory process shall be served on the health care provider.
(2) Without the written consent of the patient, the health
care provider may not disclose the health care information
sought under subsection (1) of this section if the requestor has
not complied with the requirements of subsection (1) of this
section. In the absence of a protective order issued by a court
of competent jurisdiction forbidding compliance, the health
care provider shall disclose the information in accordance
with this chapter. In the case of compliance, the request for
discovery or compulsory process shall be made a part of the
patient record.
(3) Production of health care information under this section, in and of itself, does not constitute a waiver of any privilege, objection, or defense existing under other law or rule of
evidence or procedure. [1991 c 335 § 205.]
70.02.060
70.02.070
70.02.070 Certification of record. Upon the request of
the person requesting the record, the health care provider or
facility shall certify the record furnished and may charge for
such certification in accordance with RCW 36.18.016(5). No
record need be certified until the fee is paid. The certification
shall be affixed to the record and disclose:
(1) The identity of the patient;
(2) The kind of health care information involved;
(3) The identity of the person to whom the information is
being furnished;
(4) The identity of the health care provider or facility furnishing the information;
(5) The number of pages of the health care information;
(6) The date on which the health care information is furnished; and
(7) That the certification is to fulfill and meet the
requirements of this section. [1995 c 292 § 20; 1991 c 335 §
206.]
70.02.080
70.02.080 Patient's examination and copying—
Requirements. (1) Upon receipt of a written request from a
patient to examine or copy all or part of the patient's recorded
health care information, a health care provider, as promptly
as required under the circumstances, but no later than fifteen
working days after receiving the request shall:
(a) Make the information available for examination during regular business hours and provide a copy, if requested, to
the patient;
(b) Inform the patient if the information does not exist or
cannot be found;
[Title 70 RCW—page 5]
70.02.090
Title 70 RCW: Public Health and Safety
(c) If the health care provider does not maintain a record
of the information, inform the patient and provide the name
and address, if known, of the health care provider who maintains the record;
(d) If the information is in use or unusual circumstances
have delayed handling the request, inform the patient and
specify in writing the reasons for the delay and the earliest
date, not later than twenty-one working days after receiving
the request, when the information will be available for examination or copying or when the request will be otherwise disposed of; or
(e) Deny the request, in whole or in part, under RCW
70.02.090 and inform the patient.
(2) Upon request, the health care provider shall provide
an explanation of any code or abbreviation used in the health
care information. If a record of the particular health care
information requested is not maintained by the health care
provider in the requested form, the health care provider is not
required to create a new record or reformulate an existing
record to make the health care information available in the
requested form. The health care provider may charge a reasonable fee for providing the health care information and is
not required to permit examination or copying until the fee is
paid. [1993 c 448 § 5; 1991 c 335 § 301.]
Effective date—1993 c 448: See note following RCW 70.02.010.
70.02.090
70.02.090 Patient's request—Denial of examination
and copying. (1) Subject to any conflicting requirement in
the public disclosure act, chapter 42.17 RCW, a health care
provider may deny access to health care information by a
patient if the health care provider reasonably concludes that:
(a) Knowledge of the health care information would be
injurious to the health of the patient;
(b) Knowledge of the health care information could reasonably be expected to lead to the patient's identification of
an individual who provided the information in confidence
and under circumstances in which confidentiality was appropriate;
(c) Knowledge of the health care information could reasonably be expected to cause danger to the life or safety of
any individual;
(d) The health care information was compiled and is
used solely for litigation, quality assurance, peer review, or
administrative purposes; or
(e) Access to the health care information is otherwise
prohibited by law.
(2) If a health care provider denies a request for examination and copying under this section, the provider, to the
extent possible, shall segregate health care information for
which access has been denied under subsection (1) of this
section from information for which access cannot be denied
and permit the patient to examine or copy the disclosable
information.
(3) If a health care provider denies a patient's request for
examination and copying, in whole or in part, under subsection (1)(a) or (c) of this section, the provider shall permit
examination and copying of the record by another health care
provider, selected by the patient, who is licensed, certified,
registered, or otherwise authorized under the laws of this
state to treat the patient for the same condition as the health
[Title 70 RCW—page 6]
care provider denying the request. The health care provider
denying the request shall inform the patient of the patient's
right to select another health care provider under this subsection. The patient shall be responsible for arranging for compensation of the other health care provider so selected. [1991
c 335 § 302.]
70.02.100
70.02.100 Correction or amendment of record. (1)
For purposes of accuracy or completeness, a patient may
request in writing that a health care provider correct or amend
its record of the patient's health care information to which a
patient has access under RCW 70.02.080.
(2) As promptly as required under the circumstances, but
no later than ten days after receiving a request from a patient
to correct or amend its record of the patient's health care
information, the health care provider shall:
(a) Make the requested correction or amendment and
inform the patient of the action;
(b) Inform the patient if the record no longer exists or
cannot be found;
(c) If the health care provider does not maintain the
record, inform the patient and provide the patient with the
name and address, if known, of the person who maintains the
record;
(d) If the record is in use or unusual circumstances have
delayed the handling of the correction or amendment request,
inform the patient and specify in writing, the earliest date, not
later than twenty-one days after receiving the request, when
the correction or amendment will be made or when the
request will otherwise be disposed of; or
(e) Inform the patient in writing of the provider's refusal
to correct or amend the record as requested and the patient's
right to add a statement of disagreement. [1991 c 335 § 401.]
70.02.110
70.02.110 Correction or amendment or statement of
disagreement—Procedure. (1) In making a correction or
amendment, the health care provider shall:
(a) Add the amending information as a part of the health
record; and
(b) Mark the challenged entries as corrected or amended
entries and indicate the place in the record where the corrected or amended information is located, in a manner practicable under the circumstances.
(2) If the health care provider maintaining the record of
the patient's health care information refuses to make the
patient's proposed correction or amendment, the provider
shall:
(a) Permit the patient to file as a part of the record of the
patient's health care information a concise statement of the
correction or amendment requested and the reasons therefor;
and
(b) Mark the challenged entry to indicate that the patient
claims the entry is inaccurate or incomplete and indicate the
place in the record where the statement of disagreement is
located, in a manner practicable under the circumstances.
(3) A health care provider who receives a request from a
patient to amend or correct the patient's health care information, as provided in RCW 70.02.100, shall forward any
changes made in the patient's health care information or
health record, including any statement of disagreement, to
(2004 Ed.)
Medical Records—Health Care Information Access and Disclosure
any third-party payor or insurer to which the health care provider has disclosed the health care information that is the subject of the request. [2000 c 5 § 3; 1991 c 335 § 402.]
70.02.900
rized to make health care decisions for the deceased patient
when the patient was living under RCW 7.70.065. [1991 c
335 § 602.]
Intent—Purpose—2000 c 5: See RCW 48.43.005.
70.02.150
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
70.02.120
70.02.120 Notice of information practices—Display
conspicuously. (1) A health care provider who provides
health care at a health care facility that the provider operates
and who maintains a record of a patient's health care information shall create a "notice of information practices" that contains substantially the following:
NOTICE
"We keep a record of the health care services we
provide you. You may ask us to see and copy that
record. You may also ask us to correct that record.
We will not disclose your record to others unless
you direct us to do so or unless the law authorizes or
compels us to do so. You may see your record or get
more information about it at . . . . . ."
(2) The health care provider shall place a copy of the
notice of information practices in a conspicuous place in the
health care facility, on a consent form or with a billing or
other notice provided to the patient. [1991 c 335 § 501.]
70.02.130
70.02.130 Consent by others—Health care representatives. (1) A person authorized to consent to health care for
another may exercise the rights of that person under this
chapter to the extent necessary to effectuate the terms or purposes of the grant of authority. If the patient is a minor and is
authorized to consent to health care without parental consent
under federal and state law, only the minor may exercise the
rights of a patient under this chapter as to information pertaining to health care to which the minor lawfully consented.
In cases where parental consent is required, a health care provider may rely, without incurring any civil or criminal liability for such reliance, on the representation of a parent that he
or she is authorized to consent to health care for the minor
patient regardless of whether:
(a) The parents are married, unmarried, or separated at
the time of the representation;
(b) The consenting parent is, or is not, a custodial parent
of the minor;
(c) The giving of consent by a parent is, or is not, full
performance of any agreement between the parents, or of any
order or decree in any action entered pursuant to chapter
26.09 RCW.
(2) A person authorized to act for a patient shall act in
good faith to represent the best interests of the patient. [1991
c 335 § 601.]
70.02.140
70.02.140 Representative of deceased patient. A personal representative of a deceased patient may exercise all of
the deceased patient's rights under this chapter. If there is no
personal representative, or upon discharge of the personal
representative, a deceased patient's rights under this chapter
may be exercised by persons who would have been autho(2004 Ed.)
70.02.150 Security safeguards. A health care provider
shall effect reasonable safeguards for the security of all health
care information it maintains.
Reasonable safeguards shall include affirmative action
to delete outdated and incorrect facsimile transmission or
other telephone transmittal numbers from computer, facsimile, or other data bases. When health care information is
transmitted electronically to a recipient who is not regularly
transmitted health care information from the health care provider, the health care provider shall verify that the number is
accurate prior to transmission. [2001 c 16 § 2; 1991 c 335 §
701.]
70.02.160
70.02.160 Retention of record. A health care provider
shall maintain a record of existing health care information for
at least one year following receipt of an authorization to disclose that health care information under RCW 70.02.040, and
during the pendency of a request for examination and copying under RCW 70.02.080 or a request for correction or
amendment under RCW 70.02.100. [1991 c 335 § 702.]
70.02.170
70.02.170 Civil remedies. (1) A person who has complied with this chapter may maintain an action for the relief
provided in this section against a health care provider or facility who has not complied with this chapter.
(2) The court may order the health care provider or other
person to comply with this chapter. Such relief may include
actual damages, but shall not include consequential or incidental damages. The court shall award reasonable attorneys'
fees and all other expenses reasonably incurred to the prevailing party.
(3) Any action under this chapter is barred unless the
action is commenced within two years after the cause of
action is discovered.
(4) A violation of this chapter shall not be deemed a violation of the consumer protection act, chapter 19.86 RCW.
[1991 c 335 § 801.]
70.02.180
70.02.180 Licensees under chapter 18.225 RCW—
Subject to chapter. Mental health counselors, marriage and
family therapists, and social workers licensed under chapter
18.225 RCW are subject to this chapter. [2001 c 251 § 34.]
Severability—2001 c 251: See RCW 18.225.900.
70.02.900
70.02.900 Conflicting laws. (1) This chapter does not
restrict a health care provider, a third-party payor, or an
insurer regulated under Title 48 RCW from complying with
obligations imposed by federal or state health care payment
programs or federal or state law.
(2) This chapter does not modify the terms and conditions of disclosure under Title 51 RCW and chapters 13.50,
26.09, 70.24, *70.39, 70.96A, 71.05, and 71.34 RCW and
rules adopted under these provisions. [2000 c 5 § 4; 1991 c
335 § 901.]
*Reviser's note: Chapter 70.39 RCW was repealed by 1982 c 223 § 10,
effective June 30, 1990.
[Title 70 RCW—page 7]
70.02.901
Title 70 RCW: Public Health and Safety
Intent—Purpose—2000 c 5: See RCW 48.43.005.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
70.02.901
70.02.901 Application and construction—1991 c 335.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. [1991 c 335 § 903.]
70.02.902
70.02.902 Short title. This act may be cited as the uniform health care information act. [1991 c 335 § 904.]
70.02.903
70.02.903 Severability—1991 c 335. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 335 § 905.]
70.02.904
70.02.904 Captions not law—1991 c 335. As used in
this act, captions constitute no part of the law. [1991 c 335 §
906.]
Chapter 70.05 RCW
LOCAL HEALTH DEPARTMENTS, BOARDS,
OFFICERS—REGULATIONS
Chapter 70.05
Sections
70.05.010
70.05.030
70.05.035
70.05.040
70.05.045
70.05.050
70.05.051
70.05.053
70.05.054
70.05.055
70.05.060
70.05.070
70.05.072
70.05.074
70.05.077
70.05.080
70.05.090
70.05.100
70.05.110
70.05.120
70.05.125
70.05.130
70.05.135
70.05.140
70.05.150
70.05.160
70.05.170
70.05.180
Definitions.
Counties—Local health board—Jurisdiction.
Home rule charter—Local board of health.
Local board of health—Chair—Administrative officer—
Vacancies.
Administrative officer—Responsibilities.
Local health officer—Qualifications—Employment of personnel—Salary and expenses.
Local health officer—Qualifications.
Provisionally qualified local health officers—Appointment—
Term—Requirements.
Provisionally qualified local health officers—In-service public
health orientation program.
Provisionally qualified local health officers—Interview—
Evaluation as to qualification as local public health officer.
Powers and duties of local board of health.
Local health officer—Powers and duties.
Local health officer—Authority to grant waiver from on-site
sewage system requirements.
On-site sewage system permits—Application—Limitation of
alternative sewage systems.
Department of health—Training—On-site sewage systems—
Application of the waiver authority—Topics—Availability.
Local health officer—Failure to appoint—Procedure.
Physicians to report diseases.
Determination of character of disease.
Local health officials and physicians to report contagious diseases.
Violations—Remedies—Penalties.
County public health account—Distribution to local public
health jurisdictions.
Expenses of state, health district, or county in enforcing health
laws and rules—Payment by county.
Treasurer—District funds—Contributions by counties and cities.
County to bear expense of providing public health services.
Contracts for sale or purchase of health services authorized.
Moratorium on water, sewer hookups, or septic systems—
Public hearing—Limitation on length.
Child mortality review.
Infectious disease testing—Good samaritans—Rules.
70.05.010
70.05.010 Definitions. For the purposes of chapters
70.05 and 70.46 RCW and unless the context thereof clearly
indicates to the contrary:
(1) "Local health departments" means the county or district which provides public health services to persons within
the area.
(2) "Local health officer" means the legally qualified
physician who has been appointed as the health officer for the
county or district public health department.
(3) "Local board of health" means the county or district
board of health.
(4) "Health district" means all the territory consisting of
one or more counties organized pursuant to the provisions of
chapters 70.05 and 70.46 RCW.
(5) "Department" means the department of health. [1993
c 492 § 234; 1967 ex.s. c 51 § 1.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Severability—1967 ex.s. c 51: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1967 ex.s. c 51 § 24.]
70.05.030
70.05.030 Counties—Local health board—Jurisdiction. In counties without a home rule charter, the board of
county commissioners shall constitute the local board of
health, unless the county is part of a health district pursuant to
chapter 70.46 RCW. The jurisdiction of the local board of
health shall be coextensive with the boundaries of said
county. The board of county commissioners may, at its discretion, adopt an ordinance expanding the size and composition of the board of health to include elected officials from
cities and towns and persons other than elected officials as
members so long as persons other than elected officials do
not constitute a majority. An ordinance adopted under this
section shall include provisions for the appointment, term,
and compensation, or reimbursement of expenses. [1995 c
43 § 6; 1993 c 492 § 235; 1967 ex.s. c 51 § 3.]
Effective dates—Contingent effective dates—1995 c 43: "(1) Sections 15 and 16 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect June 30, 1995.
(2) Sections 1 through 5, 12, and 13 of this act are necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995.
(3) Section 9 of this act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately [April 17,
1995].
(4) *Sections 6 through 8, 10, and 11 of this act take effect January 1,
1996, if funding of at least two million two hundred fifty thousand dollars, is
provided by June 30, 1995, in the 1995 omnibus appropriations act or as a
result of the passage of Senate Bill No. 6058, to implement the changes in
public health governance as outlined in this act. If such funding is not provided, sections 6 through 8, 10, and 11 of this act shall take effect January 1,
1998." [1995 c 43 § 17.]
*Reviser's note: The 1995 omnibus appropriations act, chapter 18,
Laws of 1995 2nd sp. sess. provided two million two hundred fifty thousand
dollars.
Health districts: Chapter 70.46 RCW.
Severability—1995 c 43: See note following RCW 43.70.570.
State board of health: Chapter 43.20 RCW.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
[Title 70 RCW—page 8]
(2004 Ed.)
Local Health Departments, Boards, Officers—Regulations
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.05.035
70.05.035 Home rule charter—Local board of health.
In counties with a home rule charter, the county legislative
authority shall establish a local board of health and may prescribe the membership and selection process for the board.
The county legislative authority may appoint to the board of
health elected officials from cities and towns and persons
other than elected officials as members so long as persons
other than elected officials do not constitute a majority. The
county legislative authority shall specify the appointment,
term, and compensation or reimbursement of expenses. The
jurisdiction of the local board of health shall be coextensive
with the boundaries of the county. The local health officer, as
described in RCW 70.05.050, shall be appointed by the official designated under the provisions of the county charter.
The same official designated under the provisions of the
county charter may appoint an administrative officer, as
described in RCW 70.05.045. [1995 c 43 § 7; 1993 c 492 §
237.]
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.05.040
70.05.040 Local board of health—Chair—Administrative officer—Vacancies. The local board of health shall
elect a chair and may appoint an administrative officer. A
local health officer shall be appointed pursuant to RCW
70.05.050. Vacancies on the local board of health shall be
filled by appointment within thirty days and made in the same
manner as was the original appointment. At the first meeting
of the local board of health, the members shall elect a chair to
serve for a period of one year. [1993 c 492 § 236; 1984 c 25
§ 1; 1983 1st ex.s. c 39 § 1; 1967 ex.s. c 51 § 4.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.05.053
office of local health officer. No term of office shall be established for the local health officer but the local health officer
shall not be removed until after notice is given, and an opportunity for a hearing before the board or official responsible
for his or her appointment under this section as to the reason
for his or her removal. The local health officer shall act as
executive secretary to, and administrative officer for the local
board of health and shall also be empowered to employ such
technical and other personnel as approved by the local board
of health except where the local board of health has appointed
an administrative officer under RCW 70.05.040. The local
health officer shall be paid such salary and allowed such
expenses as shall be determined by the local board of health.
In home rule counties that are part of a health district under
this chapter and chapter 70.46 RCW the local health officer
and administrative officer shall be appointed by the local
board of health. [1996 c 178 § 19; 1995 c 43 § 8; 1993 c 492
§ 238; 1984 c 25 § 5; 1983 1st ex.s. c 39 § 2; 1969 ex.s. c 114
§ 1; 1967 ex.s. c 51 § 9.]
Effective date—1996 c 178: See note following RCW 18.35.110.
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.05.051
70.05.051 Local health officer—Qualifications. The
following persons holding licenses as required by RCW
70.05.050 shall be deemed qualified to hold the position of
local health officer:
(1) Persons holding the degree of master of public health
or its equivalent;
(2) Persons not meeting the requirements of subsection
(1) of this section, who upon August 11, 1969 are currently
employed in this state as a local health officer and whom the
secretary of social and health services recommends in writing
to the local board of health as qualified; and
(3) Persons qualified by virtue of completing three years
of service as a provisionally qualified officer pursuant to
RCW 70.05.053 through 70.05.055. [1979 c 141 § 75; 1969
ex.s. c 114 § 2.]
70.05.053
70.05.045
70.05.045 Administrative officer—Responsibilities.
The administrative officer shall act as executive secretary and
administrative officer for the local board of health, and shall
be responsible for administering the operations of the board
including such other administrative duties required by the
local health board, except for duties assigned to the health
officer as enumerated in RCW 70.05.070 and other applicable state law. [1984 c 25 § 2.]
70.05.050
70.05.050 Local health officer—Qualifications—
Employment of personnel—Salary and expenses. The
local health officer shall be an experienced physician
licensed to practice medicine and surgery or osteopathic
medicine and surgery in this state and who is qualified or provisionally qualified in accordance with the standards prescribed in RCW 70.05.051 through 70.05.055 to hold the
(2004 Ed.)
70.05.053 Provisionally qualified local health officers—Appointment—Term—Requirements. A person
holding a license required by RCW 70.05.050 but not meeting any of the requirements for qualification prescribed by
RCW 70.05.051 may be appointed by the board or official
responsible for appointing the local health officer under
RCW 70.05.050 as a provisionally qualified local health
officer for a maximum period of three years upon the following conditions and in accordance with the following procedures:
(1) He or she shall participate in an in-service orientation
to the field of public health as provided in RCW 70.05.054,
and
(2) He or she shall satisfy the secretary of health pursuant to the periodic interviews prescribed by RCW 70.05.055
that he or she has successfully completed such in-service orientation and is conducting such program of good health prac[Title 70 RCW—page 9]
70.05.054
Title 70 RCW: Public Health and Safety
tices as may be required by the jurisdictional area concerned.
[1991 c 3 § 305; 1983 1st ex.s. c 39 § 3; 1979 c 141 § 76;
1969 ex.s. c 114 § 3.]
70.05.054
70.05.054 Provisionally qualified local health officers—In-service public health orientation program. The
secretary of health shall provide an in-service public health
orientation program for the benefit of provisionally qualified
local health officers.
Such program shall consist of—
(1) A three months course in public health training conducted by the secretary either in the state department of
health, in a county and/or city health department, in a local
health district, or in an institution of higher education; or
(2) An on-the-job, self-training program pursuant to a
standardized syllabus setting forth the major duties of a local
health officer including the techniques and practices of public
health principles expected of qualified local health officers:
PROVIDED, That each provisionally qualified local health
officer may choose which type of training he or she shall pursue. [1991 c 3 § 306; 1979 c 141 § 77; 1969 ex.s. c 114 § 4.]
70.05.055
70.05.055 Provisionally qualified local health officers—Interview—Evaluation as to qualification as local
public health officer. Each year, on a date which shall be as
near as possible to the anniversary date of appointment as
provisional local health officer, the secretary of health or his
or her designee shall personally visit such provisional
officer's office for a personal review and discussion of the
activity, plans, and study being carried on relative to the provisional officer's jurisdictional area: PROVIDED, That the
third such interview shall occur three months prior to the end
of the three year provisional term. A standardized checklist
shall be used for all such interviews, but such checklist shall
not constitute a grading sheet or evaluation form for use in
the ultimate decision of qualification of the provisional
appointee as a public health officer.
Copies of the results of each interview shall be supplied
to the provisional officer within two weeks following each
such interview.
Following the third such interview, the secretary shall
evaluate the provisional local health officer's in-service performance and shall notify such officer by certified mail of his
or her decision whether or not to qualify such officer as a
local public health officer. Such notice shall be mailed at
least sixty days prior to the third anniversary date of provisional appointment. Failure to so mail such notice shall constitute a decision that such provisional officer is qualified.
[1991 c 3 § 307; 1979 c 141 § 78; 1969 ex.s. c 114 § 5.]
70.05.060
70.05.060 Powers and duties of local board of health.
Each local board of health shall have supervision over all
matters pertaining to the preservation of the life and health of
the people within its jurisdiction and shall:
(1) Enforce through the local health officer or the administrative officer appointed under RCW 70.05.040, if any, the
public health statutes of the state and rules promulgated by
the state board of health and the secretary of health;
[Title 70 RCW—page 10]
(2) Supervise the maintenance of all health and sanitary
measures for the protection of the public health within its
jurisdiction;
(3) Enact such local rules and regulations as are necessary in order to preserve, promote and improve the public
health and provide for the enforcement thereof;
(4) Provide for the control and prevention of any dangerous, contagious or infectious disease within the jurisdiction
of the local health department;
(5) Provide for the prevention, control and abatement of
nuisances detrimental to the public health;
(6) Make such reports to the state board of health
through the local health officer or the administrative officer
as the state board of health may require; and
(7) Establish fee schedules for issuing or renewing
licenses or permits or for such other services as are authorized by the law and the rules of the state board of health:
PROVIDED, That such fees for services shall not exceed the
actual cost of providing any such services. [1991 c 3 § 308;
1984 c 25 § 6; 1979 c 141 § 79; 1967 ex.s. c 51 § 10.]
70.05.070 Local health officer—Powers and duties.
The local health officer, acting under the direction of the
local board of health or under direction of the administrative
officer appointed under RCW 70.05.040 or 70.05.035, if any,
shall:
(1) Enforce the public health statutes of the state, rules of
the state board of health and the secretary of health, and all
local health rules, regulations and ordinances within his or
her jurisdiction including imposition of penalties authorized
under RCW 70.119A.030, the confidentiality provisions in
RCW 70.24.105 and rules adopted to implement those provisions, and filing of actions authorized by RCW 43.70.190;
(2) Take such action as is necessary to maintain health
and sanitation supervision over the territory within his or her
jurisdiction;
(3) Control and prevent the spread of any dangerous,
contagious or infectious diseases that may occur within his or
her jurisdiction;
(4) Inform the public as to the causes, nature, and prevention of disease and disability and the preservation, promotion and improvement of health within his or her jurisdiction;
(5) Prevent, control or abate nuisances which are detrimental to the public health;
(6) Attend all conferences called by the secretary of
health or his or her authorized representative;
(7) Collect such fees as are established by the state board
of health or the local board of health for the issuance or
renewal of licenses or permits or such other fees as may be
authorized by law or by the rules of the state board of health;
(8) Inspect, as necessary, expansion or modification of
existing public water systems, and the construction of new
public water systems, to assure that the expansion, modification, or construction conforms to system design and plans;
(9) Take such measures as he or she deems necessary in
order to promote the public health, to participate in the establishment of health educational or training activities, and to
authorize the attendance of employees of the local health
department or individuals engaged in community health programs related to or part of the programs of the local health
department. [1999 c 391 § 5; 1993 c 492 § 239; 1991 c 3 §
70.05.070
(2004 Ed.)
Local Health Departments, Boards, Officers—Regulations
309; 1990 c 133 § 10; 1984 c 25 § 7; 1979 c 141 § 80; 1967
ex.s. c 51 § 12.]
Findings—Purpose—1999 c 391: See note following RCW
70.05.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Findings—Severability—1990 c 133: See notes following RCW
36.94.140.
70.05.072
70.05.072 Local health officer—Authority to grant
waiver from on-site sewage system requirements. The
local health officer may grant a waiver from specific requirements adopted by the state board of health for on-site sewage
systems if:
(1) The on-site sewage system for which a waiver is
requested is for sewage flows under three thousand five hundred gallons per day;
(2) The waiver request is evaluated by the local health
officer on an individual, site-by-site basis;
(3) The local health officer determines that the waiver is
consistent with the standards in, and the intent of, the state
board of health rules; and
(4) The local health officer submits quarterly reports to
the department regarding any waivers approved or denied.
Based on review of the quarterly reports, if the department finds that the waivers previously granted have not been
consistent with the standards in, and intent of, the state board
of health rules, the department shall provide technical assistance to the local health officer to correct the inconsistency,
and may notify the local and state boards of health of the
department's concerns.
If upon further review of the quarterly reports, the
department finds that the inconsistency between the waivers
granted and the state board of health standards has not been
corrected, the department may suspend the authority of the
local health officer to grant waivers under this section until
such inconsistencies have been corrected. [1995 c 263 § 1.]
70.05.074
70.05.074 On-site sewage system permits—Application—Limitation of alternative sewage systems. (1) The
local health officer must respond to the applicant for an onsite sewage system permit within thirty days after receiving a
fully completed application. The local health officer must
respond that the application is either approved, denied, or
pending.
(2) If the local health officer denies an application to
install an on-site sewage system, the denial must be for cause
and based upon public health and environmental protection
concerns, including concerns regarding the ability to operate
and maintain the system, or conflicts with other existing
laws, regulations, or ordinances. The local health officer must
provide the applicant with a written justification for the
denial, along with an explanation of the procedure for appeal.
(3) If the local health officer identifies the application as
pending and subject to review beyond thirty days, the local
health officer must provide the applicant with a written justification that the site-specific conditions or circumstances
necessitate a longer time period for a decision on the application. The local health officer must include any specific infor(2004 Ed.)
70.05.077
mation necessary to make a decision and the estimated time
required for a decision to be made.
(4) A local health officer may not limit the number of
alternative sewage systems within his or her jurisdiction
without cause. Any such limitation must be based upon public health and environmental protection concerns, including
concerns regarding the ability to operate and maintain the
system, or conflicts with other existing laws, regulations, or
ordinances. If such a limitation is established, the local health
officer must justify the limitation in writing, with specific
reasons, and must provide an explanation of the procedure for
appealing the limitation. [1997 c 447 § 2.]
Finding—Purpose—1997 c 447: "The legislature finds that improperly designed, installed, or maintained on-site sewage disposal systems are a
major contributor to water pollution in this state. The legislature also recognizes that evolving technology has produced many viable alternatives to traditional on-site septic systems. It is the purpose of this act to help facilitate
the siting of new alternative on-site septic systems and to assist local governments in promoting efficient operation of on-site septic *these systems."
[1997 c 447 § 1.]
*Reviser's note: Due to a drafting error, the word "these" was not
removed when this sentence was rewritten.
Construction—1997 c 447 §§ 2-4: "Nothing in sections 2 through 4 of
this act may be deemed to eliminate any requirements for approval from public health agencies under applicable law in connection with the siting, design,
construction, and repair of on-site septic systems." [1997 c 447 § 6.]
70.05.077
70.05.077 Department of health—Training—On-site
sewage systems—Application of the waiver authority—
Topics—Availability. (1) The department of health, in consultation and cooperation with local environmental health
officers, shall develop a one-day course to train local environmental health officers, health officers, and environmental
health specialists and technicians to address the application
of the waiver authority granted under RCW 70.05.072 as well
as other existing statutory or regulatory flexibility for siting
on-site sewage systems.
(2) The training course shall include the following topics:
(a) The statutory authority to grant waivers from the state
on-site sewage system rules;
(b) The regulatory framework for the application of onsite sewage treatment and disposal technologies, with an
emphasis on the differences between rules, standards, and
guidance. The course shall include instruction on interpreting
the intent of a rule rather than the strict reading of the language of a rule, and also discuss the liability assumed by a
unit of local government when local rules, policies, or practices deviate from the state administrative code;
(c) The application of site evaluation and assessment
methods to match the particular site and development plans
with the on-site sewage treatment and disposal technology
suitable to protect public health to at least the level provided
by state rule; and
(d) Instruction in the concept and application of mitigation waivers.
(3) The training course shall be made available to all
local health departments and districts in various locations in
the state without fee. Updated guidance documents and materials shall be provided to all participants, including examples
of the types of waivers and processes that other jurisdictions
in the region have granted and used. The first training con[Title 70 RCW—page 11]
70.05.080
Title 70 RCW: Public Health and Safety
ducted under this section shall take place by June 30, 1999.
[1998 c 34 § 3.]
Intent—1998 c 34: "(1) The 1997 legislature directed the department
of health to convene a work group for the purpose of making recommendations to the legislature for the development of a certification program for
occupations related to on-site septic systems, including those who pump,
install, design, perform maintenance, inspect, or regulate on-site septic systems. The work group was convened and studied issues relating to certification of people employed in these occupations, bonding levels, and other standards related to these occupations. In addition, the work group examined the
application of a risk analysis pertaining to the installation and maintenance
of different types of septic systems in different parts of the state. A written
report containing the work group's findings and recommendations was submitted to the legislature as directed.
(2) The legislature recognizes that the recommendations of the work
group must be phased-in over a time period in order to develop the necessary
scope of work requirements, knowledge requirements, public protection
requirements, and other criteria for the upgrading of these occupations. It is
the intent of the legislature to start implementing the work group's recommendations by focusing first on the occupations that are considered to be the
highest priority, and to address the other occupational recommendations in
subsequent sessions." [1998 c 34 § 1.]
70.05.080
70.05.080 Local health officer—Failure to appoint—
Procedure. If the local board of health or other official
responsible for appointing a local health officer under RCW
70.05.050 refuses or neglects to appoint a local health officer
after a vacancy exists, the secretary of health may appoint a
local health officer and fix the compensation. The local
health officer so appointed shall have the same duties, powers
and authority as though appointed under RCW 70.05.050.
Such local health officer shall serve until a qualified individual is appointed according to the procedures set forth in RCW
70.05.050. The board or official responsible for appointing
the local health officer under RCW 70.05.050 shall also be
authorized to appoint an acting health officer to serve whenever the health officer is absent or incapacitated and unable to
fulfill his or her responsibilities under the provisions of chapters 70.05 and 70.46 RCW. [1993 c 492 § 240; 1991 c 3 §
310; 1983 1st ex.s. c 39 § 4; 1979 c 141 § 81; 1967 ex.s. c 51
§ 13.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.05.090
70.05.090 Physicians to report diseases. Whenever
any physician shall attend any person sick with any dangerous contagious or infectious disease, or with any diseases
required by the state board of health to be reported, he or she
shall, within twenty-four hours, give notice thereof to the
local health officer within whose jurisdiction such sick person may then be or to the state department of health in Olympia. [1991 c 3 § 311; 1979 c 141 § 82; 1967 ex.s. c 51 § 14.]
70.05.100
70.05.100 Determination of character of disease. In
case of the question arising as to whether or not any person is
affected or is sick with a dangerous, contagious or infectious
disease, the opinion of the local health officer shall prevail
until the state department of health can be notified, and then
the opinion of the executive officer of the state department of
health, or any physician he or she may appoint to examine
such case, shall be final. [1991 c 3 § 312; 1979 c 141 § 83;
1967 ex.s. c 51 § 15.]
[Title 70 RCW—page 12]
70.05.110
70.05.110 Local health officials and physicians to
report contagious diseases. It shall be the duty of the local
board of health, health authorities or officials, and of physicians in localities where there are no local health authorities
or officials, to report to the state board of health, promptly
upon discovery thereof, the existence of any one of the following diseases which may come under their observation, to
wit: Asiatic cholera, yellow fever, smallpox, scarlet fever,
diphtheria, typhus, typhoid fever, bubonic plague or leprosy,
and of such other contagious or infectious diseases as the
state board may from time to time specify. [1967 ex.s. c 51 §
16.]
70.05.120
70.05.120 Violations—Remedies—Penalties. (1) Any
local health officer or administrative officer appointed under
RCW 70.05.040, if any, who shall refuse or neglect to obey
or enforce the provisions of chapters 70.05, 70.24, and 70.46
RCW or the rules, regulations or orders of the state board of
health or who shall refuse or neglect to make prompt and
accurate reports to the state board of health, may be removed
as local health officer or administrative officer by the state
board of health and shall not again be reappointed except
with the consent of the state board of health. Any person may
complain to the state board of health concerning the failure of
the local health officer or administrative officer to carry out
the laws or the rules and regulations concerning public
health, and the state board of health shall, if a preliminary
investigation so warrants, call a hearing to determine whether
the local health officer or administrative officer is guilty of
the alleged acts. Such hearings shall be held pursuant to the
provisions of chapter 34.05 RCW, and the rules and regulations of the state board of health adopted thereunder.
(2) Any member of a local board of health who shall violate any of the provisions of chapters 70.05, 70.24, and 70.46
RCW or refuse or neglect to obey or enforce any of the rules,
regulations or orders of the state board of health made for the
prevention, suppression or control of any dangerous contagious or infectious disease or for the protection of the health
of the people of this state, is guilty of a misdemeanor, and
upon conviction shall be fined not less than ten dollars nor
more than two hundred dollars.
(3) Any physician who shall refuse or neglect to report to
the proper health officer or administrative officer within
twelve hours after first attending any case of contagious or
infectious disease or any diseases required by the state board
of health to be reported or any case suspicious of being one of
such diseases, is guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars nor more than two
hundred dollars for each case that is not reported.
(4) Any person violating any of the provisions of chapters 70.05, 70.24, and 70.46 RCW or violating or refusing or
neglecting to obey any of the rules, regulations or orders
made for the prevention, suppression and control of dangerous contagious and infectious diseases by the local board of
health or local health officer or administrative officer or state
board of health, or who shall leave any isolation hospital or
quarantined house or place without the consent of the proper
health officer or who evades or breaks quarantine or conceals
a case of contagious or infectious disease or assists in evading
or breaking any quarantine or concealing any case of contagious or infectious disease, is guilty of a misdemeanor, and
(2004 Ed.)
Local Health Departments, Boards, Officers—Regulations
upon conviction thereof shall be subject to a fine of not less
than twenty-five dollars nor more than one hundred dollars or
to imprisonment in the county jail not to exceed ninety days
or to both fine and imprisonment. [2003 c 53 § 350; 1999 c
391 § 6; 1993 c 492 § 241; 1984 c 25 § 8; 1967 ex.s. c 51 §
17.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Findings—Purpose—1999 c 391: See note following RCW
70.05.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.05.125
70.05.125 County public health account—Distribution to local public health jurisdictions. (1) The county
public health account is created in the state treasury. Funds
deposited in the county public health account shall be distributed by the state treasurer to each local public health jurisdiction based upon amounts certified to it by the department of
community, trade, and economic development in consultation with the Washington state association of counties. The
account shall include funds distributed under RCW
*82.44.110 and 82.14.200(8) and such funds as are appropriated to the account from the health services account under
RCW 43.72.900, the public health services account under
RCW 43.72.902, and such other funds as the legislature may
appropriate to it.
(2)(a) The director of the department of community,
trade, and economic development shall certify the amounts to
be distributed to each local public health jurisdiction using
1995 as the base year of actual city contributions to local public health.
(b) Only if funds are available and in an amount no
greater than available funds under RCW 82.14.200(8), the
department of community, trade, and economic development
shall adjust the amount certified under (a) of this subsection
to compensate for any annexation of an area with fifty thousand residents or more to any city as a result of a petition during calendar year 1996 or 1997, or for any city that became
newly incorporated as a result of an election during calendar
year 1994 or 1995. The amount to be adjusted shall be equal
to the amount which otherwise would have been lost to the
health jurisdiction due to the annexation or incorporation as
calculated using the jurisdiction's 1995 funding formula.
(c) The county treasurer shall certify the actual 1995 city
contribution to the department. Funds in excess of the base
shall be distributed proportionately among the health jurisdictions based on incorporated population figures as last
determined by the office of financial management.
(3) Moneys distributed under this section shall be
expended exclusively for local public health purposes. [1998
c 266 § 1; 1997 c 333 § 1; 1995 1st sp.s. c 15 § 1.]
*Reviser's note: RCW 82.44.110 was repealed by 2003 c 1 § 5 (Initiative Measure No. 776, approved November 5, 2002).
Effective date—1998 c 266: "This act takes effect July 1, 1998." [1998
c 266 § 2.]
Effective date—1997 c 333: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 333 § 3.]
(2004 Ed.)
70.05.170
Effective date—1995 1st sp.s. c 15: "This act shall take effect January
1, 1996." [1995 1st sp.s. c 15 § 3.]
70.05.130
70.05.130 Expenses of state, health district, or county
in enforcing health laws and rules—Payment by county.
All expenses incurred by the state, health district, or county in
carrying out the provisions of chapters 70.05 and 70.46 RCW
or any other public health law, or the rules of the department
of health enacted under such laws, shall be paid by the county
and such expenses shall constitute a claim against the general
fund as provided in this section. [1993 c 492 § 242; 1991 c 3
§ 313; 1979 c 141 § 84; 1967 ex.s. c 51 § 18.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.05.135
70.05.135 Treasurer—District funds—Contributions
by counties and cities. See RCW 70.46.080.
70.05.140
70.05.140 County to bear expense of providing public
health services. See RCW 70.46.085.
70.05.150
70.05.150 Contracts for sale or purchase of health
services authorized. In addition to powers already granted
them, any county, district, or local health department may
contract for either the sale or purchase of any or all health services from any local health department. Such contract shall
require the approval of the state board of health. [1993 c 492
§ 243; 1967 ex.s. c 51 § 22.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.05.160
70.05.160 Moratorium on water, sewer hookups, or
septic systems—Public hearing—Limitation on length. A
local board of health that adopts a moratorium affecting
water hookups, sewer hookups, or septic systems without
holding a public hearing on the proposed moratorium, shall
hold a public hearing on the adopted moratorium within at
least sixty days of its adoption. If the board does not adopt
findings of fact justifying its action before this hearing, then
the board shall do so immediately after this public hearing. A
moratorium adopted under this section may be effective for
not longer than six months, but may be effective for up to one
year if a work plan is developed for related studies providing
for such a longer period. A moratorium may be renewed for
one or more six-month periods if a subsequent public hearing
is held and findings of fact are made prior to each renewal.
[1992 c 207 § 7.]
70.05.170
70.05.170 Child mortality review. (1)(a) The legislature finds that the mortality rate in Washington state among
infants and children less than eighteen years of age is unacceptably high, and that such mortality may be preventable.
The legislature further finds that, through the performance of
child mortality reviews, preventable causes of child mortality
can be identified and addressed, thereby reducing the infant
and child mortality in Washington state.
[Title 70 RCW—page 13]
70.05.180
Title 70 RCW: Public Health and Safety
(b) It is the intent of the legislature to encourage the performance of child death reviews by local health departments
by providing necessary legal protections to the families of
children whose deaths are studied, local health department
officials and employees, and health care professionals participating in child mortality review committee activities.
(2) As used in this section, "child mortality review"
means a process authorized by a local health department as
such department is defined in RCW 70.05.010 for examining
factors that contribute to deaths of children less than eighteen
years of age. The process may include a systematic review of
medical, clinical, and hospital records; home interviews of
parents and caretakers of children who have died; analysis of
individual case information; and review of this information
by a team of professionals in order to identify modifiable
medical, socioeconomic, public health, behavioral, administrative, educational, and environmental factors associated
with each death.
(3) Local health departments are authorized to conduct
child mortality reviews. In conducting such reviews, the following provisions shall apply:
(a) All medical records, reports, and statements procured
by, furnished to, or maintained by a local health department
pursuant to chapter 70.02 RCW for purposes of a child mortality review are confidential insofar as the identity of an individual child and his or her adoptive or natural parents is concerned. Such records may be used solely by local health
departments for the purposes of the review. This section does
not prevent a local health department from publishing statistical compilations and reports related to the child mortality
review, if such compilations and reports do not identify individual cases and sources of information.
(b) Any records or documents supplied or maintained for
the purposes of a child mortality review are not subject to discovery or subpoena in any administrative, civil, or criminal
proceeding related to the death of a child reviewed. This provision shall not restrict or limit the discovery or subpoena
from a health care provider of records or documents maintained by such health care provider in the ordinary course of
business, whether or not such records or documents may have
been supplied to a local health department pursuant to this
section.
(c) Any summaries or analyses of records, documents, or
records of interviews prepared exclusively for purposes of a
child mortality review are not subject to discovery, subpoena,
or introduction into evidence in any administrative, civil, or
criminal proceeding related to the death of a child reviewed.
(d) No local health department official or employee, and
no members of technical committees established to perform
case reviews of selected child deaths may be examined in any
administrative, civil, or criminal proceeding as to the existence or contents of documents assembled, prepared, or maintained for purposes of a child mortality review.
(e) This section shall not be construed to prohibit or
restrict any person from reporting suspected child abuse or
neglect under chapter 26.44 RCW nor to limit access to or use
of any records, documents, information, or testimony in any
civil or criminal action arising out of any report made pursuant to chapter 26.44 RCW. [1993 c 41 § 1; 1992 c 179 § 1.]
[Title 70 RCW—page 14]
70.05.180
70.05.180 Infectious disease testing—Good samaritans—Rules. A person rendering emergency care or transportation, commonly known as a "Good Samaritan," as
described in RCW 4.24.300 and 4.24.310, may request and
receive appropriate infectious disease testing free of charge
from the local health department of the county of her or his
residence, if: (1) While rendering emergency care she or he
came into contact with bodily fluids; and (2) she or he does
not have health insurance that covers the testing. Nothing in
this section requires a local health department to provide
health care services beyond testing. The department shall
adopt rules implementing this section.
The information obtained from infectious disease testing
is subject to statutory confidentiality provisions, including
those of chapters 70.24 and 70.05 RCW. [1999 c 391 § 2.]
Findings—Purpose—1999 c 391: "The legislature finds that citizens
who assist individuals in emergency situations perform a needed and valuable role that deserves recognition and support. The legislature further finds
that emergency assistance in the form of mouth to mouth resuscitation or
other emergency medical procedures resulting in the exchange of bodily fluids significantly increases the odds of being exposed to a deadly infectious
disease. Some of the more life-threatening diseases that can be transferred
during an emergency procedure where bodily fluids are exchanged include
hepatitis A, B, and C, and human immunodeficiency virus (HIV). Individuals infected by these diseases value confidentiality regarding this information. A number of good samaritans who perform life-saving emergency procedures such as cardiopulmonary resuscitation are unable to pay for the tests
necessary for detecting infectious diseases that could have been transmitted
during the emergency procedure. It is the purpose of this act to provide infectious disease testing at no cost to good samaritans who request testing for
infectious diseases after rendering emergency assistance that has brought
them into contact with a bodily fluid and to further protect the testing information once obtained through confidentiality provisions." [1999 c 391 § 1.]
Effective date—1999 c 391 §§ 1 and 2: "Sections 1 and 2 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [May 18, 1999]." [1999 c 391 § 7.]
Chapter 70.08
Chapter 70.08 RCW
COMBINED CITY-COUNTY
HEALTH DEPARTMENTS
Sections
70.08.005
70.08.010
70.08.020
70.08.030
70.08.040
70.08.050
70.08.060
70.08.070
70.08.080
70.08.090
70.08.100
70.08.110
70.08.900
Transfer of duties to the department of health.
Combined city-county health departments—Establishment.
Director of public health—Powers and duties.
Qualifications.
Director of public health—Appointment.
May act as health officer for other cities or towns.
Director of public health shall be registrar of vital statistics.
Employees may be included in civil service or retirement plans
of city, county, or combined department.
Pooling of funds.
Other cities or agencies may contract for services.
Termination of agreement to operate combined city-county
health department.
Prior expenditures in operating combined health department
ratified.
Severability—1980 c 57.
Control of cities and towns over water pollution: Chapter 35.88 RCW.
70.08.005
70.08.005 Transfer of duties to the department of
health. The powers and duties of the secretary of social and
health services under this chapter shall be performed by the
secretary of health. [1989 1st ex.s. c 9 § 244.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
(2004 Ed.)
Combined City-County Health Departments
70.08.010
70.08.010 Combined city-county health departments—Establishment. Any city with one hundred thousand or more population and the county in which it is located,
are authorized, as shall be agreed upon between the respective governing bodies of such city and said county, to establish and operate a combined city and county health department, and to appoint the director of public health. [1985 c
124 § 1; (1993 c 492 § 244 repealed by 1995 c 43 § 16); 1949
c 46 § 1; Rem. Supp. 1949 § 6099-30. Formerly RCW
70.05.037.]
70.08.020
70.08.020 Director of public health—Powers and
duties. The director of public health is authorized to and
shall exercise all powers and perform all duties by law vested
in the local health officer. [1985 c 124 § 2; 1949 c 46 § 2;
Rem. Supp. 1949 § 6099-31.]
70.08.090
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
70.08.050 May act as health officer for other cities or
towns. Nothing in this chapter shall prohibit the director of
public health as provided herein from acting as health officer
for any other city or town within the county, nor from acting
as health officer in any adjoining county or any city or town
within such county having a contract or agreement as provided in RCW 70.08.090: PROVIDED, HOWEVER, That
before being appointed health officer for such adjoining
county, the secretary of health shall first give his or her
approval thereto. [1991 c 3 § 314; 1979 c 141 § 85; 1949 c
46 § 8; Rem. Supp. 1949 § 6099-37.]
70.08.050
70.08.030
70.08.030 Qualifications. Notwithstanding any provisions to the contrary contained in any city or county charter,
the director of public health, under this chapter shall meet as
a minimum one of the following standards of educational
achievement and vocational experience to be qualified for
appointment to the office:
(1) Bachelor's degree in business administration, public
administration, hospital administration, management, nursing, environmental health, epidemiology, public health, or its
equivalent and five years of experience in administration in a
community-related field; or
(2) A graduate degree in any of the fields listed in subsection (1) of this section, or in medicine or osteopathic medicine and surgery, plus three years of administrative experience in a community-related field.
The director shall not engage in the private practice of
the director's profession during such tenure of office and shall
not be included in the classified civil service of the said city
or the said county.
If the director of public health does not meet the qualifications of a health officer or a physician under RCW
70.05.050, the director shall employ a person so qualified to
advise the director on medical or public health matters.
[1996 c 178 § 20; 1985 c 124 § 3; 1984 c 25 § 3; 1949 c 46 §
3; Rem. Supp. 1949 § 6099-32.]
Effective date—1996 c 178: See note following RCW 18.35.110.
70.08.040
70.08.040 Director of public health—Appointment.
Notwithstanding any provisions to the contrary contained in
any city or county charter, where a combined department is
established under this chapter, the director of public health
under this chapter shall be appointed by the county executive
of the county and the mayor of the city. The appointment
shall be effective only upon a majority vote confirmation of
the legislative authority of the county and the legislative
authority of the city. The director may be removed by the
county executive of the county, after consultation with the
mayor of the city, upon filing a statement of reasons therefor
with the legislative authorities of the county and the city.
[1995 c 188 § 1; 1995 c 43 § 9; 1985 c 124 § 4; 1980 c 57 §
1; 1949 c 46 § 4; Rem. Supp. 1949 § 6099-33.]
70.08.060 Director of public health shall be registrar
of vital statistics. The director of public health under this
chapter shall be registrar of vital statistics for all cities and
counties under his jurisdiction and shall conduct such vital
statistics work in accordance with the same laws and/or rules
and regulations pertaining to vital statistics for a city of the
first class. [1961 ex.s. c 5 § 4; 1949 c 46 § 9; Rem. Supp.
1949 § 6099-38.]
70.08.060
Vital statistics: Chapter 70.58 RCW.
70.08.070 Employees may be included in civil service
or retirement plans of city, county, or combined department. Notwithstanding any provisions to the contrary contained in any city or county charter, and to the extent provided by the city and the county pursuant to appropriate legislative enactment, employees of the combined city and
county health department may be included in the personnel
system or civil service and retirement plans of the city or the
county or a personnel system for the combined city and
county health department that is separate from the personnel
system or civil service of either county or city: PROVIDED,
That residential requirements for such positions shall be
coextensive with the county boundaries: PROVIDED FURTHER, That the city or county is authorized to pay such parts
of the expense of operating and maintaining such personnel
system or civil service and retirement system and to contribute to the retirement fund in behalf of employees such sums
as may be agreed upon between the legislative authorities of
such city and county. [1982 c 203 § 1; 1980 c 57 § 2; 1949 c
46 § 5; Rem. Supp. 1949 § 6099-34.]
70.08.070
70.08.080 Pooling of funds. The city by ordinance, and
the county by appropriate legislative enactment, under this
chapter may pool all or any part of their respective funds
available for public health purposes, in the office of the city
treasurer or the office of the county treasurer in a special
pooling fund to be established in accordance with agreements
between the legislative authorities of said city and county and
which shall be expended for the combined health department.
[1980 c 57 § 3; 1949 c 46 § 6; Rem. Supp. 1949 § 6099-35.]
70.08.080
70.08.090 Other cities or agencies may contract for
services. Any other city in said county, other governmental
70.08.090
Reviser's note: This section was amended by 1995 c 43 § 9 and by
1995 c 188 § 1, each without reference to the other. Both amendments are
(2004 Ed.)
[Title 70 RCW—page 15]
70.08.100
Title 70 RCW: Public Health and Safety
agency or any charitable or health agency may by contract or
by agreement with the governing bodies of the combined
health department receive public health services. [1949 c 46
§ 7; Rem. Supp. 1949 § 6099-36.]
70.08.100
70.08.100 Termination of agreement to operate combined city-county health department. Agreement to operate a combined city and county health department made
under this chapter may after two years from the date of such
agreement, be terminated by either party at the end of any calendar year upon notice in writing given at least six months
prior thereto. The termination of such agreement shall not
relieve either party of any obligations to which it has been
previously committed. [1949 c 46 § 10; Rem. Supp. 1949 §
6099-39.]
declared to be the policy of the legislature to authorize the
state to cooperate with counties, cities, and other municipal
corporations in order to encourage them to take such steps as
may be necessary to construct comprehensive community
health centers in communities throughout the state. [1967
ex.s. c 4 § 1.]
70.10.020
70.10.020 "Comprehensive community health center" defined. The term "comprehensive community health
center" as used in this chapter shall mean a health facility
housing community health, mental health, and developmental disabilities services. [1977 ex.s. c 80 § 37; 1967 ex.s. c 4
§ 2.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
70.08.110
70.08.110 Prior expenditures in operating combined
health department ratified. Any expenditures heretofore
made by a city of one hundred thousand population or more,
and by the county in which it is located, not made fraudulently and which were within the legal limits of indebtedness,
towards the expense of maintenance and operation of a combined health department, are hereby legalized and ratified.
[1949 c 46 § 11; Rem. Supp. 1949 § 6099-40.]
70.08.900
70.08.900 Severability—1980 c 57. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1980 c 57 § 4.]
Chapter 70.10
Chapter 70.10 RCW
COMPREHENSIVE COMMUNITY
HEALTH CENTERS
Sections
70.10.010
70.10.020
70.10.030
70.10.040
70.10.050
70.10.060
Declaration of policy—Combining health services—State
authorized to cooperate with other entities in constructing.
"Comprehensive community health center" defined.
Authorization to apply for and administer federal or state
funds.
Application for federal or state funds for construction of facility as part of or separate from health center—Processing and
approval by administering agencies—Decision on use as part
of comprehensive health center.
Application for federal or state funds for construction of facility as part of or separate from health center—Cooperation
between agencies in standardizing application procedures
and forms.
Adoption of rules and regulations—Liberal construction of
chapter.
Community mental health services act: Chapter 71.24 RCW.
Mental health and retardation services, interstate contracts: RCW
71.28.010.
70.10.010
70.10.010 Declaration of policy—Combining health
services—State authorized to cooperate with other entities in constructing. It is declared to be the policy of the legislature of the state of Washington that, wherever feasible,
community health, mental health and mental retardation services shall be combined within single facilities in order to
provide maximum utilization of available funds and personnel, and to assure the greatest possible coordination of such
services for the benefit of those requiring them. It is further
[Title 70 RCW—page 16]
70.10.030
70.10.030 Authorization to apply for and administer
federal or state funds. The several agencies of the state
authorized to administer within the state the various federal
acts providing federal moneys to assist in the cost of establishing community health, mental health, and mental retardation facilities, are authorized to apply for and disburse federal
grants, matching funds, or other funds, including gifts or
donations from any source, available for use by counties, cities, other municipal corporations or nonprofit corporations.
Upon application, these agencies shall also be authorized to
distribute such state funds as may be appropriated by the legislature for such local construction projects: PROVIDED,
That where state funds have been appropriated to assist in
covering the cost of constructing a comprehensive community health center, or a community health, mental health, or
mental retardation facility, and where any county, city, other
municipal corporation or nonprofit corporation has submitted
an approved application for such state funds, then, after any
applicable federal grant has been deducted from the total cost
of construction, the state agency or agencies in charge of each
program may allocate to such applicant an amount not to
exceed fifty percent of that particular program's contribution
toward the balance of remaining construction costs. [1967
ex.s. c 4 § 3.]
70.10.040
70.10.040 Application for federal or state funds for
construction of facility as part of or separate from health
center—Processing and approval by administering agencies—Decision on use as part of comprehensive health
center. Any application for federal or state funds to be used
for construction of the community health, mental health, or
developmental disabilities facility, which will be part of the
comprehensive community health center as defined in RCW
70.10.020, shall be separately processed and approved by the
state agency which has been designated to administer the particular federal or state program involved. Any application for
federal or state funds for a construction project to establish a
community health, mental health, or developmental disabilities facility not part of a comprehensive health center shall be
processed by the state agency which is designated to administer the particular federal or state program involved. This
agency shall also forward a copy of the application to the
other agency or agencies designated to administer the program or programs providing funds for construction of the
(2004 Ed.)
Public Health Funds
facilities which make up a comprehensive health center. The
agency or agencies receiving this copy of the application
shall have a period of time not to exceed sixty days in which
to file a statement with the agency to which the application
has been submitted and to any statutory advisory council or
committee which has been designated to advise the administering agency with regard to the program, stating that the proposed facility should or should not be part of a comprehensive health center. [1977 ex.s. c 80 § 38; 1967 ex.s. c 4 § 4.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
70.10.050
70.10.050 Application for federal or state funds for
construction of facility as part of or separate from health
center—Cooperation between agencies in standardizing
application procedures and forms. The several state agencies processing applications for the construction of comprehensive health centers for community health, mental health,
or developmental disability facilities shall cooperate to
develop general procedures to be used in implementing the
statute and to attempt to develop application forms and procedures which are as nearly standard as possible, after taking
cognizance of the different information required in the various programs, to assist applicants in applying to various state
agencies. [1977 ex.s. c 80 § 39; 1967 ex.s. c 4 § 5.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
70.10.060
70.10.060 Adoption of rules and regulations—Liberal construction of chapter. In furtherance of the legislative policy to authorize the state to cooperate with the federal
government in facilitating the construction of comprehensive
community health centers, the state agencies involved shall
adopt such rules and regulations as may become necessary to
entitle the state and local units of government to share in federal grants, matching funds, or other funds, unless the same
be expressly prohibited by this chapter. Any section or provision of this chapter susceptible to more than one construction
shall be interpreted in favor of the construction most likely to
satisfy federal laws entitling the state and local units of government to receive federal grants, matching funds or other
funds for the construction of comprehensive community
health centers. [1967 ex.s. c 4 § 6.]
Chapter 70.12
Chapter 70.12 RCW
PUBLIC HEALTH FUNDS
Sections
COUNTY FUNDS
70.12.015
70.12.025
Secretary may expend funds in counties.
County funds for public health.
PUBLIC HEALTH POOLING FUND
70.12.030
70.12.040
70.12.050
70.12.060
70.12.070
(2004 Ed.)
Public health pooling fund.
Fund, how maintained and disbursed.
Expenditures from fund.
Expenditures geared to budget.
Fund subject to audit and check by state.
70.12.040
COUNTY FUNDS
70.12.015 Secretary may expend funds in counties.
The secretary of health is hereby authorized to apportion and
expend such sums as he or she shall deem necessary for public health work in the counties of the state, from the appropriations made to the state department of health for county public health work. [1991 c 3 § 315; 1979 c 141 § 86; 1939 c 191
§ 2; RRS § 6001-1. Formerly RCW 70.12.080.]
70.12.015
70.12.025 County funds for public health. Each
county legislative authority shall annually budget and appropriate a sum for public health work. [1975 1st ex.s. c 291 §
2.]
70.12.025
Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050.
PUBLIC HEALTH POOLING FUND
70.12.030 Public health pooling fund. Any county,
combined city-county health department, or health district is
hereby authorized and empowered to create a "public health
pooling fund", hereafter called the "fund", for the efficient
management and control of all moneys coming to such
county, combined department, or district for public health
purposes. [1993 c 492 § 245; 1945 c 46 § 1; 1943 c 190 § 1;
Rem. Supp. 1945 § 6099-1.]
70.12.030
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.12.040
70.12.040 Fund, how maintained and disbursed. Any
such fund may be established in the county treasurer's office
or the city treasurer's office of a first class city according to
the type of local health department organization existing.
In a district composed of more than one county, the
county treasurer of the county having the largest population
shall be the custodian of the fund, and the county auditor of
said county shall keep the record of receipts and disbursements; and shall draw and the county treasurer shall honor
and pay all such warrants.
Into any such fund so established may be paid:
(1) All grants from any state fund for county public
health work;
(2) Any county current expense funds appropriated for
the health department;
(3) Any other money appropriated by the county for
health work;
(4) City funds appropriated for the health department;
(5) All moneys received from any governmental agency,
local, state or federal which may contribute to the local health
department; and
(6) Any contributions from any charitable or voluntary
agency or contributions from any individual or estate.
Any school district may contract in writing for health
services with the health department of the county, first class
city or health district, and place such funds in the public
health pooling fund in accordance with the contract. [1983 c
3 § 170; 1945 c 46 § 2; 1943 c 190 § 2; Rem. Supp. 1945 §
6099-2.]
[Title 70 RCW—page 17]
70.12.050
Title 70 RCW: Public Health and Safety
70.12.050
70.12.050 Expenditures from fund. All expenditures
in connection with salaries, wages and operations incurred in
carrying on the health department of the county, combined
city-county health department, or health district shall be paid
out of such fund. [1993 c 492 § 246; 1945 c 46 § 3; 1943 c
190 § 3; Rem. Supp. 1945 § 6099-3.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.12.060
70.12.060 Expenditures geared to budget. Any fund
established as herein provided shall be expended so as to
make the expenditures thereof agree with any respective
appropriation period. Any accumulation in any such fund so
established shall be taken into consideration when preparing
any budget for the operations for the ensuing year. [1943 c
190 § 4; Rem. Supp. 1943 § 6099-4.]
70.12.070
70.12.070 Fund subject to audit and check by state.
The public health pool fund shall be subject to audit by the
state auditor and shall be subject to check by the state department of health. [1995 c 301 § 77; 1991 c 3 § 316; 1979 c 141
§ 87; 1943 c 190 § 5; Rem. Supp. 1943 § 6099-5.]
Medical assistance—Agreements with managed health care systems: RCW
74.09.522.
70.14.030
70.14.030 Health care utilization review procedures.
Plans for establishing or improving utilization review procedures for purchased health care services shall be developed
by each agency listed in *RCW 70.14.010. The plans shall
specifically address such utilization review procedures as
prior authorization of services, hospital inpatient length of
stay review, requirements for use of outpatient surgeries and
the obtaining of second opinions for surgeries, review of
invoices or claims submitted by service providers, and performance audit of providers. [1986 c 303 § 8.]
*Reviser's note: RCW 70.14.010 was repealed by 1988 c 107 § 35,
effective October 1, 1988.
70.14.040
70.14.040 Review of prospective rate setting methods. The state agencies listed in *RCW 70.14.010 shall
review the feasibility of establishing prospective payment
approaches within their health care programs. Work plans or
timetables shall be prepared for the development of prospective rates. The agencies shall identify legislative actions that
may be necessary to facilitate the adoption of prospective rate
setting methods. [1986 c 303 § 9.]
*Reviser's note: RCW 70.14.010 was repealed by 1988 c 107 § 35,
effective October 1, 1988.
Chapter 70.14 RCW
HEALTH CARE SERVICES PURCHASED
BY STATE AGENCIES
Chapter 70.14
Sections
70.14.020
70.14.030
70.14.040
70.14.050
State agencies to identify alternative health care providers.
Health care utilization review procedures.
Review of prospective rate setting methods.
Drug purchasing cost controls—Establishment of evidencebased prescription drug program.
State health care cost containment policies: RCW 43.41.160.
70.14.020
70.14.020 State agencies to identify alternative health
care providers. Each of the agencies listed in *RCW
70.14.010, with the exception of the department of labor and
industries, which expends more than five hundred thousand
dollars annually of state funds for purchase of health care
shall identify the availability and costs of nonfee for service
providers of health care, including preferred provider organizations, health maintenance organizations, managed health
care or case management systems, or other nonfee for service
alternatives. In each case where feasible in which an alternative health care provider arrangement, of similar scope and
quality, is available at lower cost than fee for service providers, such state agencies shall make the services of the alternative provider available to clients, consumers, or employees
for whom state dollars are spent to purchase health care. As
consistent with other state and federal law, requirements for
copayments, deductibles, the scope of available services, or
other incentives shall be used to encourage clients, consumers, or employees to use the lowest cost providers, except that
copayments or deductibles shall not be required where they
might have the impact of denying access to necessary health
care in a timely manner. [1986 c 303 § 7.]
*Reviser's note: RCW 70.14.010 was repealed by 1988 c 107 § 35,
effective October 1, 1988.
[Title 70 RCW—page 18]
70.14.050
70.14.050 Drug purchasing cost controls—Establishment of evidence-based prescription drug program. (1)
Each agency administering a state purchased health care program as defined in RCW 41.05.011(2) shall, in cooperation
with other agencies, take any necessary actions to control
costs without reducing the quality of care when reimbursing
for or purchasing drugs. To accomplish this purpose, participating agencies may establish an evidence-based prescription drug program.
(2) In developing the evidence-based prescription drug
program authorized by this section, agencies:
(a) Shall prohibit reimbursement for drugs that are determined to be ineffective by the United States food and drug
administration;
(b) Shall adopt rules in order to ensure that less expensive generic drugs will be substituted for brand name drugs in
those instances where the quality of care is not diminished;
(c) Where possible, may authorize reimbursement for
drugs only in economical quantities;
(d) May limit the prices paid for drugs by such means as
negotiated discounts from pharmaceutical manufacturers,
central purchasing, volume contracting, or setting maximum
prices to be paid;
(e) Shall consider the approval of drugs with lower abuse
potential in substitution for drugs with significant abuse
potential;
(f) May take other necessary measures to control costs of
drugs without reducing the quality of care; and
(g) Shall adopt rules governing practitioner endorsement
and use of any list developed as part of the program authorized by this section.
(3) Agencies shall provide for reasonable exceptions,
consistent with RCW 69.41.190, to any list developed as part
of the program authorized by this section.
(2004 Ed.)
Mosquito Control
(4) Agencies shall establish an independent pharmacy
and therapeutics committee to evaluate the effectiveness of
prescription drugs in the development of the program authorized by this section. [2003 1st sp.s. c 29 § 9; 1986 c 303 §
10.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
Chapter 70.22
Chapter 70.22 RCW
MOSQUITO CONTROL
Sections
70.22.005
70.22.010
70.22.020
70.22.030
70.22.040
70.22.050
70.22.060
70.22.900
Transfer of duties to the department of health.
Declaration of purpose.
Secretary may make inspections, investigations, and determinations and provide for control.
Secretary to coordinate plans.
Secretary may contract with, receive funds from entities and
individuals—Authorization for governmental entities to contract, grant funds, levy taxes.
Powers and duties of secretary.
Governmental entities to cooperate with secretary.
Severability—1961 c 283.
70.22.005
70.22.005 Transfer of duties to the department of
health. The powers and duties of the secretary of social and
health services under this chapter shall be performed by the
secretary of health. [1989 1st ex.s. c 9 § 246.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.22.010
70.22.010 Declaration of purpose. The purpose of this
chapter is to establish a statewide program for the control or
elimination of mosquitoes as a health hazard. [1961 c 283 §
1.]
Chapter 70.24
taxing district, the federal government, or any person, group
or organization to carry out the purpose of this chapter. In
connection therewith the secretary is authorized and empowered to contract with any such county, city, or town, municipal corporation, taxing district, the federal government, person, group or organization with respect to the construction
and maintenance of facilities and other work for the purpose
of effecting mosquito control or elimination, and any such
county, city or town, municipal corporation, or taxing district
obligated to carry out the provisions of any such contract
entered into with the secretary is authorized, empowered and
directed to appropriate, and if necessary, to levy taxes for and
pay over such funds as its contract with the secretary may
from time to time require. [1991 c 3 § 319; 1979 c 141 § 90;
1961 c 283 § 4.]
70.22.050
70.22.050 Powers and duties of secretary. To carry
out the purpose of this chapter, the secretary of health may:
(1) Abate as nuisances breeding places for mosquitoes as
defined in RCW 17.28.170;
(2) Acquire by gift, devise, bequest, lease, or purchase,
real and personal property necessary or convenient for carrying out the purpose of this chapter;
(3) Make contracts, employ engineers, health officers,
sanitarians, physicians, laboratory personnel, attorneys, and
other technical or professional assistants;
(4) Publish information or literature; and
(5) Do any and all other things necessary to carry out the
purpose of this chapter: PROVIDED, That no program shall
be permitted nor any action taken in pursuance thereof which
may be injurious to the life or health of game or fish. [1991 c
3 § 320; 1989 c 11 § 25; 1979 c 141 § 91; 1961 c 283 § 5.]
Severability—1989 c 11: See note following RCW 9A.56.220.
Mosquito control districts: Chapter 17.28 RCW.
70.22.060
70.22.020
70.22.020 Secretary may make inspections, investigations, and determinations and provide for control. The
secretary of health is hereby authorized and empowered to
make or cause to be made such inspections, investigations,
studies and determinations as he or she may from time to time
deem advisable in order to ascertain the effect of mosquitoes
as a health hazard, and, to the extent to which funds are available, to provide for the control or elimination thereof in any
or all parts of the state. [1991 c 3 § 317; 1979 c 141 § 88;
1961 c 283 § 2.]
70.22.060 Governmental entities to cooperate with
secretary. Each state department, agency, and political subdivision shall cooperate with the secretary of health in carrying out the purposes of this chapter. [1991 c 3 § 321; 1979 c
141 § 92; 1961 c 283 § 6.]
70.22.900
70.22.900 Severability—1961 c 283. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1961 c 283 § 7.]
70.22.030
70.22.030 Secretary to coordinate plans. The secretary of health shall coordinate plans for mosquito control
work which may be projected by any county, city or town,
municipal corporation, taxing district, state department or
agency, federal government agency, or any person, group or
organization, and arrange for cooperation between any such
districts, departments, agencies, persons, groups or organizations. [1991 c 3 § 318; 1979 c 141 § 89; 1961 c 283 § 3.]
70.22.040
70.22.040 Secretary may contract with, receive funds
from entities and individuals—Authorization for governmental entities to contract, grant funds, levy taxes. The
secretary of health is authorized and empowered to receive
funds from any county, city or town, municipal corporation,
(2004 Ed.)
Chapter 70.24 RCW
CONTROL AND TREATMENT OF SEXUALLY
TRANSMITTED DISEASES
Chapter 70.24
(Formerly: Control and treatment of venereal diseases)
Sections
70.24.005
70.24.015
70.24.017
70.24.022
70.24.024
70.24.034
Transfer of duties to the department of health.
Legislative finding.
Definitions.
Interviews, examination, counseling, or treatment of infected
persons or persons believed to be infected—Dissemination
of false information—Penalty.
Orders for examinations and counseling—Restrictive measures—Investigation—Issuance of order—Confidential
notice and hearing—Exception.
Detention—Grounds—Order—Hearing.
[Title 70 RCW—page 19]
70.24.005
70.24.050
70.24.070
70.24.080
70.24.084
70.24.090
70.24.095
70.24.100
70.24.105
70.24.107
70.24.110
70.24.120
70.24.125
70.24.130
70.24.140
70.24.150
70.24.200
70.24.210
70.24.220
70.24.240
70.24.250
70.24.260
70.24.270
70.24.280
70.24.290
70.24.300
70.24.310
70.24.320
70.24.325
70.24.330
70.24.340
70.24.350
70.24.360
70.24.370
70.24.380
70.24.400
70.24.410
70.24.420
70.24.430
70.24.450
70.24.900
Title 70 RCW: Public Health and Safety
Diagnosis of sexually transmitted diseases—Confirmation—
Anonymous prevalence reports.
Detention and treatment facilities.
Penalty.
Violations of chapter—Aggrieved persons—Right of action.
Pregnant women—Test for syphilis.
Pregnant women—Drug treatment program participants—
AIDS counseling.
Syphilis laboratory tests.
Disclosure of HIV antibody test or testing or treatment of sexually transmitted diseases—Exchange of medical information.
Rule-making authority—1997 c 345.
Minors—Treatment, consent, liability for payment for care.
Sexually transmitted disease case investigators—Authority to
withdraw blood.
Reporting requirements for sexually transmitted diseases—
Rules.
Adoption of rules.
Certain infected persons—Sexual intercourse unlawful without notification.
Immunity of certain public employees.
Information for the general public on sexually transmitted diseases—Emphasis.
Information for children on sexually transmitted diseases—
Emphasis.
AIDS education in public schools—Finding.
Clearinghouse for AIDS educational materials.
Office on AIDS—Repository and clearinghouse for AIDS
education and training material—University of Washington
duties.
Emergency medical personnel—Rules for AIDS education
and training.
Health professionals—Rules for AIDS education and training.
Board of pharmacy—Rules for AIDS education and training.
Public school employees—Rules for AIDS education and
training.
State and local government employees—Determination of
substantial likelihood of exposure—Rules for AIDS education and training.
Health care facility employees—Rules for AIDS education
and training.
Counseling and testing—AIDS and HIV—Definitions.
Counseling and testing—Insurance requirements.
HIV testing—Consent, exceptions.
Convicted persons—Mandatory testing and counseling for
certain offenses—Employees' substantial exposure to bodily
fluids—Procedure and court orders.
Prostitution and drug offenses—Voluntary testing and counseling.
Jail detainees—Testing and counseling of persons who present
a possible risk.
Correction facility inmates—Counseling and testing of persons who present a possible risk—Training for administrators and superintendents—Procedure.
Board of health—Rules for counseling and testing.
Department to establish regional AIDS service networks—
Funding—Lead counties—Regional plans—University of
Washington, center for AIDS education.
AIDS advisory committee—Duties, review of insurance problems—Termination.
Additional local funding of treatment programs not required.
Application of chapter to persons subject to jurisdiction of
department of corrections.
Confidentiality—Reports—Unauthorized disclosures.
Severability—1988 c 206.
Center for volunteerism and citizen service: RCW 43.150.050.
70.24.005 Transfer of duties to the department of
health. The powers and duties of the department of social
and health services, the department of licensing, and the secretary of social and health services under this chapter shall be
performed by the department of health and the secretary of
health. [1989 1st ex.s. c 9 § 247.]
70.24.005
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.24.015 Legislative finding. The legislature declares
that sexually transmitted diseases constitute a serious and
70.24.015
[Title 70 RCW—page 20]
sometimes fatal threat to the public and individual health and
welfare of the people of the state. The legislature finds that
the incidence of sexually transmitted diseases is rising at an
alarming rate and that these diseases result in significant
social, health, and economic costs, including infant and
maternal mortality, temporary and lifelong disability, and
premature death. The legislature further finds that sexually
transmitted diseases, by their nature, involve sensitive issues
of privacy, and it is the intent of the legislature that all programs designed to deal with these diseases afford patients
privacy, confidentiality, and dignity. The legislature also
finds that medical knowledge and information about sexually
transmitted diseases are rapidly changing. It is therefore the
intent of the legislature to provide a program that is sufficiently flexible to meet emerging needs, deals efficiently and
effectively with reducing the incidence of sexually transmitted diseases, and provides patients with a secure knowledge
that information they provide will remain private and confidential. [1988 c 206 § 901.]
70.24.017 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Acquired immunodeficiency syndrome" or "AIDS"
means the clinical syndrome of HIV-related illness as defined
by the board of health by rule.
(2) "Board" means the state board of health.
(3) "Department" means the department of health, or any
successor department with jurisdiction over public health
matters.
(4) "Health care provider" means any person who is a
member of a profession under RCW 18.130.040 or other person providing medical, nursing, psychological, or other
health care services regulated by the department of health.
(5) "Health care facility" means a hospital, nursing
home, neuropsychiatric or mental health facility, home health
agency, hospice, child care agency, group care facility, family foster home, clinic, blood bank, blood center, sperm bank,
laboratory, or other social service or health care institution
regulated or operated by the department of health.
(6) "HIV-related condition" means any medical condition resulting from infection with HIV including, but not limited to, seropositivity for HIV.
(7) "Human immunodeficiency virus" or "HIV" means
all HIV and HIV-related viruses which damage the cellular
branch of the human immune or neurological systems and
leave the infected person immunodeficient or neurologically
impaired.
(8) "Test for a sexually transmitted disease" means a test
approved by the board by rule.
(9) "Legal guardian" means a person appointed by a
court to assume legal authority for another who has been
found incompetent or, in the case of a minor, a person who
has legal custody of the child.
(10) "Local public health officer" means the officer
directing the county health department or his or her designee
who has been given the responsibility and authority to protect
the health of the public within his or her jurisdiction.
(11) "Person" includes any natural person, partnership,
association, joint venture, trust, public or private corporation,
or health facility.
70.24.017
(2004 Ed.)
Control and Treatment of Sexually Transmitted Diseases
(12) "Release of test results" means a written authorization for disclosure of any sexually transmitted disease test
result which is signed, dated, and which specifies to whom
disclosure is authorized and the time period during which the
release is to be effective.
(13) "Sexually transmitted disease" means a bacterial,
viral, fungal, or parasitic disease, determined by the board by
rule to be sexually transmitted, to be a threat to the public
health and welfare, and to be a disease for which a legitimate
public interest will be served by providing for regulation and
treatment. The board shall designate chancroid, gonorrhea,
granuloma inguinale, lymphogranuloma venereum, genital
herpes simplex, chlamydia, nongonococcal urethritis (NGU),
trachomitis, genital human papilloma virus infection, syphilis, acquired immunodeficiency syndrome (AIDS), and
human immunodeficiency virus (HIV) infection as sexually
transmitted diseases, and shall consider the recommendations
and classifications of the centers for disease control and other
nationally recognized medical authorities in designating
other diseases as sexually transmitted.
(14) "State public health officer" means the secretary of
health or an officer appointed by the secretary. [2001 c 319 §
4; 1991 c 3 § 322; 1988 c 206 § 101.]
70.24.022
70.24.022 Interviews, examination, counseling, or
treatment of infected persons or persons believed to be
infected—Dissemination of false information—Penalty.
(1) The board shall adopt rules authorizing interviews and the
state and local public health officers and their authorized representatives may interview, or cause to be interviewed, all
persons infected with a sexually transmitted disease and all
persons who, in accordance with standards adopted by the
board by rule, are reasonably believed to be infected with
such diseases for the purpose of investigating the source and
spread of the diseases and for the purpose of ordering a person to submit to examination, counseling, or treatment as
necessary for the protection of the public health and safety,
subject to RCW 70.24.024.
(2) State and local public health officers or their authorized representatives shall investigate identified partners of
persons infected with sexually transmitted diseases in accordance with procedures prescribed by the board.
(3) All information gathered in the course of contact
investigation pursuant to this section shall be considered confidential.
(4) No person contacted under this section or reasonably
believed to be infected with a sexually transmitted disease
who reveals the name or names of sexual contacts during the
course of an investigation shall be held liable in a civil action
for such revelation, unless the revelation is made with a
knowing or reckless disregard for the truth.
(5) Any person who knowingly or maliciously disseminates any false information or report concerning the existence
of any sexually transmitted disease under this section is
guilty of a gross misdemeanor punishable as provided under
RCW 9A.20.021. [1988 c 206 § 906.]
70.24.024
70.24.024 Orders for examinations and counseling—
Restrictive measures—Investigation—Issuance of
order—Confidential notice and hearing—Exception. (1)
(2004 Ed.)
70.24.024
Subject to the provisions of this chapter, the state and local
public health officers or their authorized representatives may
examine and counsel or cause to be examined and counseled
persons reasonably believed to be infected with or to have
been exposed to a sexually transmitted disease.
(2) Orders or restrictive measures directed to persons
with a sexually transmitted disease shall be used as the last
resort when other measures to protect the public health have
failed, including reasonable efforts, which shall be documented, to obtain the voluntary cooperation of the person
who may be subject to such an order. The orders and measures shall be applied serially with the least intrusive measures used first. The burden of proof shall be on the state or
local public health officer to show that specified grounds
exist for the issuance of the orders or restrictive measures and
that the terms and conditions imposed are no more restrictive
than necessary to protect the public health.
(3) When the state or local public health officer within
his or her respective jurisdiction knows or has reason to
believe, because of direct medical knowledge or reliable testimony of others in a position to have direct knowledge of a
person's behavior, that a person has a sexually transmitted
disease and is engaging in specified conduct, as determined
by the board by rule based upon generally accepted standards
of medical and public health science, that endangers the public health, he or she shall conduct an investigation in accordance with procedures prescribed by the board to evaluate the
specific facts alleged, if any, and the reliability and credibility of the person or persons providing such information and,
if satisfied that the allegations are true, he or she may issue an
order according to the following priority to:
(a) Order a person to submit to a medical examination or
testing, seek counseling, or obtain medical treatment for curable diseases, or any combination of these, within a period of
time determined by the public health officer, not to exceed
fourteen days.
(b) Order a person to immediately cease and desist from
specified conduct which endangers the health of others by
imposing such restrictions upon the person as are necessary
to prevent the specified conduct that endangers the health of
others only if the public health officer has determined that
clear and convincing evidence exists to believe that such person has been ordered to report for counseling as provided in
(a) of this subsection and continues to demonstrate behavior
which endangers the health of others. Any restriction shall be
in writing, setting forth the name of the person to be restricted
and the initial period of time, not to exceed three months, during which the order shall remain effective, the terms of the
restrictions, and such other conditions as may be necessary to
protect the public health. Restrictions shall be imposed in the
least-restrictive manner necessary to protect the public
health.
(4)(a) Upon the issuance of any order by the state or local
public health officer or an authorized representative pursuant
to subsection (3) of this section or RCW 70.24.340(4), such
public health officer shall give written notice promptly, personally, and confidentially to the person who is the subject of
the order stating the grounds and provisions of the order,
including the factual bases therefor, the evidence relied upon
for proof of infection and dangerous behavior, and the likelihood of repetition of such behaviors in the absence of such an
[Title 70 RCW—page 21]
70.24.034
Title 70 RCW: Public Health and Safety
order, and notifying the person who is the subject of the order
that, if he or she contests the order, he or she may appear at a
judicial hearing on the enforceability of the order, to be held
in superior court. He or she may have an attorney appear on
his or her behalf in the hearing at public expense, if necessary. The hearing shall be held within seventy-two hours of
receipt of the notice, unless the person subject to the order
agrees to comply. If the person contests the order, no invasive
medical procedures shall be carried out prior to a hearing
being held pursuant to this subsection. If the person does not
contest the order within seventy-two hours of receiving it,
and the person does not comply with the order within the time
period specified for compliance with the order, the state or
local public health officer may request a warrant be issued by
the superior court to insure appearance at the hearing. The
hearing shall be within seventy-two hours of the expiration
date of the time specified for compliance with the original
order. The burden of proof shall be on the public health
officer to show by clear and convincing evidence that the
specified grounds exist for the issuance of the order and for
the need for compliance and that the terms and conditions
imposed therein are no more restrictive than necessary to protect the public health. Upon conclusion of the hearing, the
court shall issue appropriate orders affirming, modifying, or
dismissing the order.
(b) If the superior court dismisses the order of the public
health officer, the fact that the order was issued shall be
expunged from the records of the department or local department of health.
(5) Any hearing conducted pursuant to this section shall
be closed and confidential unless a public hearing is
requested by the person who is the subject of the order, in
which case the hearing will be conducted in open court.
Unless in open hearing, any transcripts or records relating
thereto shall also be confidential and may be sealed by the
order of the court. [1988 c 206 § 909.]
70.24.034
70.24.034 Detention—Grounds—Order—Hearing.
(1) When the procedures of RCW 70.24.024 have been
exhausted and the state or local public health officer, within
his or her respective jurisdiction, knows or has reason to
believe, because of medical information, that a person has a
sexually transmitted disease and that the person continues to
engage in behaviors that present an imminent danger to the
public health as defined by the board by rule based upon generally accepted standards of medical and public health science, the public health officer may bring an action in superior
court to detain the person in a facility designated by the board
for a period of time necessary to accomplish a program of
counseling and education, excluding any coercive techniques
or procedures, designed to get the person to adopt nondangerous behavior. In no case may the period exceed ninety days
under each order. The board shall establish, by rule, standards
for counseling and education under this subsection. The public health officer shall request the prosecuting attorney to file
such action in superior court. During that period, reasonable
efforts will be made in a noncoercive manner to get the person to adopt nondangerous behavior.
(2) If an action is filed as outlined in subsection (1) of
this section, the superior court, upon the petition of the prosecuting attorney, shall issue other appropriate court orders
[Title 70 RCW—page 22]
including, but not limited to, an order to take the person into
custody immediately, for a period not to exceed seventy-two
hours, and place him or her in a facility designated or
approved by the board. The person who is the subject of the
order shall be given written notice of the order promptly, personally, and confidentially, stating the grounds and provisions of the order, including the factual bases therefor, the
evidence relied upon for proof of infection and dangerous
behavior, and the likelihood of repetition of such behaviors in
the absence of such an order, and notifying the person that if
he or she refuses to comply with the order he or she may
appear at a hearing to review the order and that he or she may
have an attorney appear on his or her behalf in the hearing at
public expense, if necessary. If the person contests testing or
treatment, no invasive medical procedures shall be carried
out prior to a hearing being held pursuant to subsection (3) of
this section.
(3) The hearing shall be conducted no later than fortyeight hours after the receipt of the order. The person who is
subject to the order has a right to be present at the hearing and
may have an attorney appear on his or her behalf in the hearing, at public expense if necessary. If the order being contested includes detention for a period of fourteen days or
longer, the person shall also have the right to a trial by jury
upon request. Upon conclusion of the hearing or trial by jury,
the court shall issue appropriate orders.
The court may continue the hearing upon the request of
the person who is subject to the order for good cause shown
for no more than five additional judicial days. If a trial by jury
is requested, the court, upon motion, may continue the hearing for no more than ten additional judicial days. During the
pendency of the continuance, the court may order that the
person contesting the order remain in detention or may place
terms and conditions upon the person which the court deems
appropriate to protect public health.
(4) The burden of proof shall be on the state or local public health officer to show by clear and convincing evidence
that grounds exist for the issuance of any court order pursuant
to subsection (2) or (3) of this section. If the superior court
dismisses the order, the fact that the order was issued shall be
expunged from the records of the state or local department of
health.
(5) Any hearing conducted by the superior court pursuant to subsection (2) or (3) of this section shall be closed and
confidential unless a public hearing is requested by the person who is the subject of the order, in which case the hearing
will be conducted in open court. Unless in open hearing, any
transcripts or records relating thereto shall also be confidential and may be sealed by order of the court.
(6) Any order entered by the superior court pursuant to
subsection (1) or (2) of this section shall impose terms and
conditions no more restrictive than necessary to protect the
public health. [1988 c 206 § 910.]
70.24.050
70.24.050 Diagnosis of sexually transmitted diseases—Confirmation—Anonymous prevalence reports.
Diagnosis of a sexually transmitted disease in every instance
must be confirmed by laboratory tests or examinations in a
laboratory approved or conducted in accordance with procedures and such other requirements as may be established by
the board. Laboratories testing for HIV shall report anony(2004 Ed.)
Control and Treatment of Sexually Transmitted Diseases
mous HIV prevalence results to the department, for health
statistics purposes, in a manner established by the board.
[1988 c 206 § 907; 1919 c 114 § 6; RRS § 6105.]
70.24.105
information was incorrect or outdated. [2001 c 16 § 1; 1999
c 391 § 4; 1988 c 206 § 914.]
Findings—Purpose—1999 c 391: See note following RCW
70.05.180.
70.24.070
70.24.070 Detention and treatment facilities. For the
purpose of carrying out this chapter, the board shall have the
power and authority to designate facilities for the detention
and treatment of persons found to be infected with a sexually
transmitted disease and to designate any such facility in any
hospital or other public or private institution, other than a jail
or correctional facility, having, or which may be provided
with, such necessary detention, segregation, isolation, clinic
and hospital facilities as may be required and prescribed by
the board, and to enter into arrangements for the conduct of
such facilities with the public officials or persons, associations, or corporations in charge of or maintaining and operating such institutions. [1988 c 206 § 908; 1919 c 114 § 8; RRS
§ 6107.]
70.24.090
70.24.090 Pregnant women—Test for syphilis. Every
physician attending a pregnant woman in the state of Washington during gestation shall, in the case of each woman so
attended, take or cause to be taken a sample of blood of such
woman at the time of first examination, and submit such sample to an approved laboratory for a standard serological test
for syphilis. If the pregnant woman first presents herself for
examination after the fifth month of gestation the physician
or other attendant shall in addition to the above, advise and
urge the patient to secure a medical examination and blood
test before the fifth month of any subsequent pregnancies.
[1939 c 165 § 1; RRS § 6002-1.]
70.24.095
70.24.080
70.24.080 Penalty. Any person who shall violate any of
the provisions of this chapter or any lawful rule adopted by
the board pursuant to the authority herein granted, or who
shall fail or refuse to obey any lawful order issued by any
state, county or municipal public health officer, pursuant to
the authority granted in this chapter, shall be deemed guilty
of a gross misdemeanor punishable as provided under RCW
9A.20.021. [1988 c 206 § 911; 1919 c 114 § 5; RRS § 6104.]
70.24.095 Pregnant women—Drug treatment program participants—AIDS counseling. (1) Every health
care practitioner attending a pregnant woman or a person
seeking treatment of a sexually transmitted disease shall
insure that AIDS counseling of the patient is conducted.
(2) AIDS counseling shall be provided to each person in
a drug treatment program under *chapter 69.54 RCW. [1988
c 206 § 705.]
*Reviser's note: Chapter 69.54 RCW was repealed by 1989 c 270 § 35.
70.24.100
70.24.084
70.24.084 Violations of chapter—Aggrieved persons—Right of action. (1) Any person aggrieved by a violation of this chapter shall have a right of action in superior
court and may recover for each violation:
(a) Against any person who negligently violates a provision of this chapter, one thousand dollars, or actual damages,
whichever is greater, for each violation.
(b) Against any person who intentionally or recklessly
violates a provision of this chapter, ten thousand dollars, or
actual damages, whichever is greater, for each violation.
(c) Reasonable attorneys' fees and costs.
(d) Such other relief, including an injunction, as the court
may deem appropriate.
(2) Any action under this chapter is barred unless the
action is commenced within three years after the cause of
action accrues.
(3) Nothing in this chapter limits the rights of the subject
of a test for a sexually transmitted disease to recover damages
or other relief under any other applicable law.
(4) Nothing in this chapter may be construed to impose
civil liability or criminal sanction for disclosure of a test
result for a sexually transmitted disease in accordance with
any reporting requirement for a diagnosed case of sexually
transmitted disease by the department or the centers for disease control of the United States public health service.
(5) It is a negligent violation of this chapter to cause an
unauthorized communication of confidential sexually transmitted disease information by facsimile transmission or otherwise communicating the information to an unauthorized
recipient when the sender knew or had reason to know the
facsimile transmission telephone number or other transmittal
(2004 Ed.)
70.24.100 Syphilis laboratory tests. A standard serological test shall be a laboratory test for syphilis approved by
the secretary of health and shall be performed either by a laboratory approved by the secretary of health for the performance of the particular serological test used or by the state
department of health, on request of the physician free of
charge. [1991 c 3 § 323; 1979 c 141 § 95; 1939 c 165 § 2;
RRS § 6002-2.]
70.24.105
70.24.105 Disclosure of HIV antibody test or testing
or treatment of sexually transmitted diseases—Exchange
of medical information. (1) No person may disclose or be
compelled to disclose the identity of any person who has
investigated, considered, or requested a test or treatment for a
sexually transmitted disease, except as authorized by this
chapter.
(2) No person may disclose or be compelled to disclose
the identity of any person upon whom an HIV antibody test is
performed, or the results of such a test, nor may the result of
a test for any other sexually transmitted disease when it is
positive be disclosed. This protection against disclosure of
test subject, diagnosis, or treatment also applies to any information relating to diagnosis of or treatment for HIV infection
and for any other confirmed sexually transmitted disease. The
following persons, however, may receive such information:
(a) The subject of the test or the subject's legal representative for health care decisions in accordance with RCW
7.70.065, with the exception of such a representative of a
minor child over fourteen years of age and otherwise competent;
(b) Any person who secures a specific release of test
results or information relating to HIV or confirmed diagnosis
[Title 70 RCW—page 23]
70.24.105
Title 70 RCW: Public Health and Safety
of or treatment for any other sexually transmitted disease
executed by the subject or the subject's legal representative
for health care decisions in accordance with RCW 7.70.065,
with the exception of such a representative of a minor child
over fourteen years of age and otherwise competent;
(c) The state public health officer, a local public health
officer, or the centers for disease control of the United States
public health service in accordance with reporting requirements for a diagnosed case of a sexually transmitted disease;
(d) A health facility or health care provider that procures,
processes, distributes, or uses: (i) A human body part, tissue,
or blood from a deceased person with respect to medical
information regarding that person; (ii) semen, including that
provided prior to March 23, 1988, for the purpose of artificial
insemination; or (iii) blood specimens;
(e) Any state or local public health officer conducting an
investigation pursuant to RCW 70.24.024, provided that such
record was obtained by means of court ordered HIV testing
pursuant to RCW 70.24.340 or 70.24.024;
(f) A person allowed access to the record by a court order
granted after application showing good cause therefor. In
assessing good cause, the court shall weigh the public interest
and the need for disclosure against the injury to the patient, to
the physician-patient relationship, and to the treatment services. Upon the granting of the order, the court, in determining the extent to which any disclosure of all or any part of the
record of any such test is necessary, shall impose appropriate
safeguards against unauthorized disclosure. An order authorizing disclosure shall: (i) Limit disclosure to those parts of
the patient's record deemed essential to fulfill the objective
for which the order was granted; (ii) limit disclosure to those
persons whose need for information is the basis for the order;
and (iii) include any other appropriate measures to keep disclosure to a minimum for the protection of the patient, the
physician-patient relationship, and the treatment services,
including but not limited to the written statement set forth in
subsection (5) of this section;
(g) *Local law enforcement agencies to the extent provided in RCW 70.24.034;
(h) Persons who, because of their behavioral interaction
with the infected individual, have been placed at risk for
acquisition of a sexually transmitted disease, as provided in
RCW 70.24.022, if the health officer or authorized representative believes that the exposed person was unaware that a
risk of disease exposure existed and that the disclosure of the
identity of the infected person is necessary;
(i) A law enforcement officer, fire fighter, health care
provider, health care facility staff person, department of correction's staff person, jail staff person, or other persons as
defined by the board in rule pursuant to RCW 70.24.340(4),
who has requested a test of a person whose bodily fluids he or
she has been substantially exposed to, pursuant to RCW
70.24.340(4), if a state or local public health officer performs
the test;
(j) Claims management personnel employed by or associated with an insurer, health care service contractor, health
maintenance organization, self-funded health plan, stateadministered health care claims payer, or any other payer of
health care claims where such disclosure is to be used solely
for the prompt and accurate evaluation and payment of medical or related claims. Information released under this subsec[Title 70 RCW—page 24]
tion shall be confidential and shall not be released or available to persons who are not involved in handling or determining medical claims payment; and
(k) A department of social and health services worker, a
child placing agency worker, or a guardian ad litem who is
responsible for making or reviewing placement or case-planning decisions or recommendations to the court regarding a
child, who is less than fourteen years of age, has a sexually
transmitted disease, and is in the custody of the department of
social and health services or a licensed child placing agency;
this information may also be received by a person responsible
for providing residential care for such a child when the
department of social and health services or a licensed child
placing agency determines that it is necessary for the provision of child care services.
(3) No person to whom the results of a test for a sexually
transmitted disease have been disclosed pursuant to subsection (2) of this section may disclose the test results to another
person except as authorized by that subsection.
(4) The release of sexually transmitted disease information regarding an offender or detained person, except as provided in subsection (2)(e) of this section, shall be governed as
follows:
(a) The sexually transmitted disease status of a department of corrections offender who has had a mandatory test
conducted pursuant to RCW 70.24.340(1), 70.24.360, or
70.24.370 shall be made available by department of corrections health care providers and local public health officers to
the department of corrections health care administrator or
infection control coordinator of the facility in which the
offender is housed. The information made available to the
health care administrator or the infection control coordinator
under this subsection (4)(a) shall be used only for disease prevention or control and for protection of the safety and security of the staff, offenders, and the public. The information
may be submitted to transporting officers and receiving facilities, including facilities that are not under the department of
corrections' jurisdiction according to the provisions of (d) and
(e) of this subsection.
(b) The sexually transmitted disease status of a person
detained in a jail who has had a mandatary test conducted
pursuant to RCW 70.24.340(1), 70.24.360, or 70.24.370 shall
be made available by the local public health officer to a jail
health care administrator or infection control coordinator.
The information made available to a health care administrator
under this subsection (4)(b) shall be used only for disease
prevention or control and for protection of the safety and
security of the staff, offenders, detainees, and the public. The
information may be submitted to transporting officers and
receiving facilities according to the provisions of (d) and (e)
of this subsection.
(c) Information regarding the sexually transmitted disease status of an offender or detained person is confidential
and may be disclosed by a correctional health care administrator or infection control coordinator or local jail health care
administrator or infection control coordinator only as necessary for disease prevention or control and for protection of
the safety and security of the staff, offenders, and the public.
Unauthorized disclosure of this information to any person
may result in disciplinary action, in addition to the penalties
(2004 Ed.)
Control and Treatment of Sexually Transmitted Diseases
prescribed in RCW 70.24.080 or any other penalties as may
be prescribed by law.
(d) Notwithstanding the limitations on disclosure contained in (a), (b), and (c) of this subsection, whenever any
member of a jail staff or department of corrections staff has
been substantially exposed to the bodily fluids of an offender
or detained person, then the results of any tests conducted
pursuant to RCW 70.24.340(1), 70.24.360, or 70.24.370,
shall be immediately disclosed to the staff person in accordance with the Washington Administrative Code rules governing employees' occupational exposure to bloodborne
pathogens. Disclosure must be accompanied by appropriate
counseling for the staff member, including information
regarding follow-up testing and treatment. Disclosure shall
also include notice that subsequent disclosure of the information in violation of this chapter or use of the information to
harass or discriminate against the offender or detainee may
result in disciplinary action, in addition to the penalties prescribed in RCW 70.24.080, and imposition of other penalties
prescribed by law.
(e) The staff member shall also be informed whether the
offender or detained person had any other communicable disease, as defined in RCW 72.09.251(3), when the staff person
was substantially exposed to the offender's or detainee's
bodily fluids.
(f) The test results of voluntary and anonymous HIV
testing or HIV-related condition may not be disclosed to a
staff person except as provided in subsection (2)(i) of this
section and RCW 70.24.340(4). A health care administrator
or infection control coordinator may provide the staff member with information about how to obtain the offender's or
detainee's test results under subsection (2)(i) of this section
and RCW 70.24.340(4).
(5) Whenever disclosure is made pursuant to this section,
except for subsections (2)(a) and (6) of this section, it shall be
accompanied by a statement in writing which includes the
following or substantially similar language: "This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from
making any further disclosure of it without the specific written consent of the person to whom it pertains, or as otherwise
permitted by state law. A general authorization for the release
of medical or other information is NOT sufficient for this
purpose." An oral disclosure shall be accompanied or followed by such a notice within ten days.
(6) The requirements of this section shall not apply to the
customary methods utilized for the exchange of medical
information among health care providers in order to provide
health care services to the patient, nor shall they apply within
health care facilities where there is a need for access to confidential medical information to fulfill professional duties.
(7) Upon request of the victim, disclosure of test results
under this section to victims of sexual offenses under chapter
9A.44 RCW shall be made if the result is negative or positive.
The county prosecuting attorney shall notify the victim of the
right to such disclosure. Such disclosure shall be accompanied by appropriate counseling, including information
regarding follow-up testing. [1997 c 345 § 2; 1997 c 196 § 6;
1994 c 72 § 1; 1989 c 123 § 1; 1988 c 206 § 904.]
Reviser's note: *(1) The governor vetoed 1997 c 196 § 5, the amendment directing disclosure to local law enforcement agencies.
(2004 Ed.)
70.24.120
(2) This section was amended by 1997 c 196 § 6 and by 1997 c 345 §
2, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Intent—1997 c 345: "(1) The legislature finds that department of corrections staff and jail staff perform essential public functions that
are vital to our communities. The health and safety of these workers is often
placed in jeopardy while they perform the responsibilities of their jobs.
Therefore, the legislature intends that the results of any HIV tests conducted
on an offender or detainee pursuant to RCW 70.24.340(1), 70.24.360, or
70.24.370 shall be disclosed to the health care administrator or infection control coordinator of the department of corrections facility or the local jail that
houses the offender or detainee. The legislature intends that these test results
also be disclosed to any corrections or jail staff who have been substantially
exposed to the bodily fluids of the offender or detainee when the disclosure
is provided by a licensed health care provider in accordance with Washington Administrative Code rules governing employees' occupational exposure
to bloodborne pathogens.
(2) The legislature further finds that, through the efforts of health care
professionals and corrections staff, offenders in department of corrections
facilities and people detained in local jails are being encouraged to take
responsibility for their health by requesting voluntary and anonymous pretest
counseling, HIV testing, posttest counseling, and AIDS counseling. The legislature does not intend, through chapter 345, Laws of 1997, to mandate disclosure of the results of voluntary and anonymous tests. The legislature
intends to continue to protect the confidential exchange of medical information related to voluntary and anonymous pretest counseling, HIV testing,
posttest counseling, and AIDS counseling as provided by chapter 70.24
RCW." [1997 c 345 § 1.]
70.24.107
70.24.107 Rule-making authority—1997 c 345. The
department of health and the department of corrections shall
each adopt rules to implement chapter 345, Laws of 1997.
The department of health and the department of corrections
shall cooperate with local jail administrators to obtain the
information from local jail administrators that is necessary to
comply with this section. [1999 c 372 § 14; 1997 c 345 § 6.]
Findings—Intent—1997 c 345: See note following RCW 70.24.105.
70.24.110
70.24.110 Minors—Treatment, consent, liability for
payment for care. A minor fourteen years of age or older
who may have come in contact with any sexually transmitted
disease or suspected sexually transmitted disease may give
consent to the furnishing of hospital, medical and surgical
care related to the diagnosis or treatment of such disease.
Such consent shall not be subject to disaffirmance because of
minority. The consent of the parent, parents, or legal guardian
of such minor shall not be necessary to authorize hospital,
medical and surgical care related to such disease and such
parent, parents, or legal guardian shall not be liable for payment for any care rendered pursuant to this section. [1988 c
206 § 912; 1969 ex.s. c 164 § 1.]
70.24.120
70.24.120 Sexually transmitted disease case investigators—Authority to withdraw blood. Sexually transmitted disease case investigators, upon specific authorization
from a physician, are hereby authorized to perform venipuncture or skin puncture on a person for the sole purpose of withdrawing blood for use in sexually transmitted disease tests.
The term "sexually transmitted disease case investigator" shall mean only those persons who:
(1) Are employed by public health authorities; and
(2) Have been trained by a physician in proper procedures to be employed when withdrawing blood in accordance
with training requirements established by the department of
health; and
[Title 70 RCW—page 25]
70.24.125
Title 70 RCW: Public Health and Safety
(3) Possess a statement signed by the instructing physician that the training required by subsection (2) of this section
has been successfully completed.
The term "physician" means any person licensed under
the provisions of chapters 18.57 or 18.71 RCW. [1991 c 3 §
324; 1988 c 206 § 913; 1977 c 59 § 1.]
70.24.125
70.24.125 Reporting requirements for sexually transmitted diseases—Rules. The board shall establish reporting
requirements for sexually transmitted diseases by rule.
Reporting under this section may be required for such sexually transmitted diseases included under this chapter as the
board finds appropriate. [1988 c 206 § 905.]
abstinence, sexual fidelity, and avoidance of substance abuse
in controlling disease. [1988 c 206 § 201.]
70.24.210
70.24.210 Information for children on sexually transmitted diseases—Emphasis. All material directed to children in grades kindergarten through twelve and providing
education regarding any sexually transmitted disease that is
written, published, distributed, or used by any public entity,
and all such information paid for, in whole or in part, with
any public moneys shall give emphasis to the importance of
sexual abstinence outside lawful marriage and avoidance of
substance abuse in controlling disease. [1988 c 206 § 202.]
Common school curriculum: RCW 28A.230.020.
70.24.130
70.24.130 Adoption of rules. The board shall adopt
such rules as are necessary to implement and enforce this
chapter. Rules may also be adopted by the department of
health for the purposes of this chapter. The rules may include
procedures for taking appropriate action, in addition to any
other penalty under this chapter, with regard to health care
facilities or health care providers which violate this chapter
or the rules adopted under this chapter. The rules shall prescribe stringent safeguards to protect the confidentiality of
the persons and records subject to this chapter. The procedures set forth in chapter 34.05 RCW apply to the administration of this chapter, except that in case of conflict between
chapter 34.05 RCW and this chapter, the provisions of this
chapter shall control. [1991 c 3 § 325; 1988 c 206 § 915.]
70.24.140
70.24.140 Certain infected persons—Sexual intercourse unlawful without notification. It is unlawful for any
person who has a sexually transmitted disease, except HIV
infection, when such person knows he or she is infected with
such a disease and when such person has been informed that
he or she may communicate the disease to another person
through sexual intercourse, to have sexual intercourse with
any other person, unless such other person has been informed
of the presence of the sexually transmitted disease. [1988 c
206 § 917.]
Effective date—1988 c 206 §§ 916, 917: See note following RCW
9A.36.021.
Criminal sanctions: RCW 9A.36.021.
70.24.150
70.24.150 Immunity of certain public employees.
Members of the state board of health and local boards of
health, public health officers, and employees of the department of health and local health departments are immune from
civil action for damages arising out of the good faith performance of their duties as prescribed by this chapter, unless
such performance constitutes gross negligence. [1991 c 3 §
326; 1988 c 206 § 918.]
70.24.200
70.24.200 Information for the general public on sexually transmitted diseases—Emphasis. Information
directed to the general public and providing education
regarding any sexually transmitted disease that is written,
published, distributed, or used by any public entity, and all
such information paid for, in whole or in part, with any public
moneys shall give emphasis to the importance of sexual
[Title 70 RCW—page 26]
70.24.220
70.24.220 AIDS education in public schools—Finding. The legislature finds that the public schools provide a
unique and appropriate setting for educating young people
about the pathology and prevention of acquired immunodeficiency syndrome (AIDS). The legislature recognizes that
schools and communities vary throughout the state and that
locally elected school directors should have a significant role
in establishing a program of AIDS education in their districts.
[1988 c 206 § 401.]
70.24.240
70.24.240 Clearinghouse for AIDS educational materials. The number of acquired immunodeficiency syndrome
(AIDS) cases in the state may reach five thousand by 1991.
This makes it necessary to provide our state's workforce with
the resources and knowledge to deal with the epidemic. To
ensure that accurate information is available to the state's
work force, a clearinghouse for all technically correct educational materials related to AIDS should be created. [1988 c
206 § 601.]
70.24.250
70.24.250 Office on AIDS—Repository and clearinghouse for AIDS education and training material—University of Washington duties. There is established in the
department an office on AIDS. If a department of health is
created, the office on AIDS shall be transferred to the department of health, and its chief shall report directly to the secretary of health. The office on AIDS shall have as its chief a
physician licensed under chapter 18.57 or 18.71 RCW or a
person experienced in public health who shall report directly
to the assistant secretary for health. This office shall be the
repository and clearinghouse for all education and training
material related to the treatment, transmission, and prevention of AIDS. The office on AIDS shall have the responsibility for coordinating all publicly funded education and service
activities related to AIDS. The University of Washington
shall provide the office on AIDS with appropriate training
and educational materials necessary to carry out its duties.
The office on AIDS shall assist state agencies with information necessary to carry out the purposes of this chapter. The
department shall work with state and county agencies and
specific employee and professional groups to provide information appropriate to their needs, and shall make educational
materials available to private employers and encourage them
to distribute this information to their employees. [1988 c 206
§ 602.]
(2004 Ed.)
Control and Treatment of Sexually Transmitted Diseases
70.24.260
70.24.260 Emergency medical personnel—Rules for
AIDS education and training. The department shall adopt
rules that recommend appropriate education and training for
licensed and certified emergency medical personnel under
chapter 18.73 RCW on the prevention, transmission, and
treatment of AIDS. The department shall require appropriate
education or training as a condition of certification or license
issuance or renewal. [1988 c 206 § 603.]
70.24.325
ees of state licensed or certified health care facilities. The
education and training shall be on the prevention, transmission, and treatment of AIDS and shall not be required for
employees who are covered by comparable rules adopted
under other sections of this chapter. In adopting rules under
this section, the department shall consider infection control
standards and educational materials available from appropriate professional associations and professionally prepared
publications. [1988 c 206 § 608.]
70.24.270
70.24.270 Health professionals—Rules for AIDS
education and training. Each disciplining authority under
chapter 18.130 RCW shall adopt rules that require appropriate education and training for licensees on the prevention,
transmission, and treatment of AIDS. The disciplining
authorities shall work with the office on AIDS under RCW
70.24.250 to develop the training and educational material
necessary for health professionals. [1988 c 206 § 604.]
70.24.280
70.24.280 Board of pharmacy—Rules for AIDS education and training. The state board of pharmacy shall
adopt rules that require appropriate education and training for
licensees on the prevention, transmission, and treatment of
AIDS. The board shall work with the office on AIDS under
RCW 70.24.250 to develop the training and educational
material necessary for health professionals. [1988 c 206 §
605.]
70.24.290
70.24.290 Public school employees—Rules for AIDS
education and training. The superintendent of public
instruction shall adopt rules that require appropriate education and training, to be included as part of their present continuing education requirements, for public school employees
on the prevention, transmission, and treatment of AIDS. The
superintendent of public instruction shall work with the
office on AIDS under RCW 70.24.250 to develop the educational and training material necessary for school employees.
[1988 c 206 § 606.]
70.24.300
70.24.300 State and local government employees—
Determination of substantial likelihood of exposure—
Rules for AIDS education and training. The Washington
personnel resources board and each unit of local government
shall determine whether any employees under their jurisdiction have a substantial likelihood of exposure in the course of
their employment to the human immunodeficiency virus. If
so, the agency or unit of government shall adopt rules requiring appropriate training and education for the employees on
the prevention, transmission, and treatment of AIDS. The
rules shall specifically provide for such training and education for law enforcement, correctional, and health care workers. The Washington personnel resources board and each unit
of local government shall work with the office on AIDS
under RCW 70.24.250 to develop the educational and training material necessary for employees. [1993 c 281 § 60;
1988 c 206 § 607.]
Effective date—1993 c 281: See note following RCW 41.06.022.
70.24.310
70.24.310 Health care facility employees—Rules for
AIDS education and training. The department shall adopt
rules requiring appropriate education and training of employ(2004 Ed.)
70.24.320
70.24.320 Counseling and testing—AIDS and HIV—
Definitions. Unless the context clearly requires otherwise,
the definitions in this section apply throughout this chapter.
(1) "Pretest counseling" means counseling aimed at helping the individual understand ways to reduce the risk of HIV
infection, the nature and purpose of the tests, the significance
of the results, and the potential dangers of the disease, and to
assess the individual's ability to cope with the results.
(2) "Posttest counseling" means further counseling following testing usually directed toward increasing the individual's understanding of the human immunodeficiency virus
infection, changing the individual's behavior, and, if necessary, encouraging the individual to notify persons with whom
there has been contact capable of spreading HIV.
(3) "AIDS counseling" means counseling directed
toward increasing the individual's understanding of acquired
immunodeficiency syndrome and changing the individual's
behavior.
(4) "HIV testing" means a test indicative of infection
with the human immunodeficiency virus as specified by the
board of health by rule. [1988 c 206 § 701.]
70.24.325
70.24.325 Counseling and testing—Insurance
requirements. (1) This section shall apply to counseling and
consent for HIV testing administered as part of an application
for coverage authorized under Title 48 RCW.
(2) Persons subject to regulation under Title 48 RCW
who are requesting an insured, a subscriber, or a potential
insured or subscriber to furnish the results of an HIV test for
underwriting purposes as a condition for obtaining or renewing coverage under an insurance contract, health care service
contract, or health maintenance organization agreement shall:
(a) Provide written information to the individual prior to
being tested which explains:
(i) What an HIV test is;
(ii) Behaviors that place a person at risk for HIV infection;
(iii) That the purpose of HIV testing in this setting is to
determine eligibility for coverage;
(iv) The potential risks of HIV testing; and
(v) Where to obtain HIV pretest counseling.
(b) Obtain informed specific written consent for an HIV
test. The written informed consent shall include:
(i) An explanation of the confidential treatment of the
test results which limits access to the results to persons
involved in handling or determining applications for coverage or claims of the applicant or claimant and to those persons designated under (c)(iii) of this subsection; and
(ii) Requirements under (c)(iii) of this subsection.
[Title 70 RCW—page 27]
70.24.330
Title 70 RCW: Public Health and Safety
(c) Establish procedures to inform an applicant of the
following:
(i) That post-test counseling, as specified under WAC
248-100-209(4), is required if an HIV test is positive or indeterminate;
(ii) That post-test counseling occurs at the time a positive
or indeterminate HIV test result is given to the tested individual;
(iii) That the applicant may designate a health care provider or health care agency to whom the insurer, the health
care service contractor, or health maintenance organization
will provide positive or indeterminate test results for interpretation and post-test counseling. When an applicant does not
identify a designated health care provider or health care
agency and the applicant's test results are either positive or
indeterminate, the insurer, the health care service contractor,
or health maintenance organization shall provide the test
results to the local health department for interpretation and
post-test counseling; and
(iv) That positive or indeterminate HIV test results shall
not be sent directly to the applicant. [1989 c 387 § 1.]
70.24.330
70.24.330 HIV testing—Consent, exceptions. No person may undergo HIV testing without the person's consent
except:
(1) Pursuant to RCW 7.70.065 for incompetent persons;
(2) In seroprevalence studies where neither the persons
whose blood is being tested know the test results nor the persons conducting the tests know who is undergoing testing;
(3) If the department of labor and industries determines
that it is relevant, in which case payments made under Title
51 RCW may be conditioned on the taking of an HIV antibody test; or
(4) As otherwise expressly authorized by this chapter.
[1988 c 206 § 702.]
70.24.340
70.24.340 Convicted persons—Mandatory testing
and counseling for certain offenses—Employees' substantial exposure to bodily fluids—Procedure and court
orders. (1) Local health departments authorized under this
chapter shall conduct or cause to be conducted pretest counseling, HIV testing, and posttest counseling of all persons:
(a) Convicted of a sexual offense under chapter 9A.44
RCW;
(b) Convicted of prostitution or offenses relating to prostitution under chapter 9A.88 RCW; or
(c) Convicted of drug offenses under chapter 69.50
RCW if the court determines at the time of conviction that the
related drug offense is one associated with the use of hypodermic needles.
(2) Such testing shall be conducted as soon as possible
after sentencing and shall be so ordered by the sentencing
judge.
(3) This section applies only to offenses committed after
March 23, 1988.
(4) A law enforcement officer, fire fighter, health care
provider, health care facility staff person, department of corrections' staff person, jail staff person, or other categories of
employment determined by the board in rule to be at risk of
substantial exposure to HIV, who has experienced a substan[Title 70 RCW—page 28]
tial exposure to another person's bodily fluids in the course of
his or her employment, may request a state or local public
health officer to order pretest counseling, HIV testing, and
posttest counseling for the person whose bodily fluids he or
she has been exposed to. If the state or local public health
officer refuses to order counseling and testing under this subsection, the person who made the request may petition the
superior court for a hearing to determine whether an order
shall be issued. The hearing on the petition shall be held
within seventy-two hours of filing the petition, exclusive of
Saturdays, Sundays, and holidays. The standard of review to
determine whether the public health officer shall be required
to issue the order is whether substantial exposure occurred
and whether that exposure presents a possible risk of transmission of the HIV virus as defined by the board by rule.
Upon conclusion of the hearing, the court shall issue the
appropriate order.
The person who is subject to the state or local public
health officer's order to receive counseling and testing shall
be given written notice of the order promptly, personally, and
confidentially, stating the grounds and provisions of the
order, including the factual basis therefor. If the person who
is subject to the order refuses to comply, the state or local
public health officer may petition the superior court for a
hearing. The hearing on the petition shall be held within seventy-two hours of filing the petition, exclusive of Saturdays,
Sundays, and holidays. The standard of review for the order
is whether substantial exposure occurred and whether that
exposure presents a possible risk of transmission of the HIV
virus as defined by the board by rule. Upon conclusion of the
hearing, the court shall issue the appropriate order.
The state or local public health officer shall perform
counseling and testing under this subsection if he or she finds
that the exposure was substantial and presents a possible risk
as defined by the board of health by rule or if he or she is
ordered to do so by a court.
The counseling and testing required under this subsection shall be completed as soon as possible after the substantial exposure or after an order is issued by a court, but shall
begin not later than seventy-two hours after the substantial
exposure or an order is issued by the court. [1997 c 345 § 3;
1988 c 206 § 703.]
Findings—Intent—1997 c 345: See note following RCW 70.24.105.
70.24.350
70.24.350 Prostitution and drug offenses—Voluntary testing and counseling. Local health departments, in
cooperation with the regional AIDS services networks, shall
make available voluntary testing and counseling services to
all persons arrested for prostitution offenses under chapter
9A.88 RCW and drug offenses under chapter 69.50 RCW.
Services shall include educational materials that outline the
seriousness of AIDS and encourage voluntary participation.
[1988 c 206 § 704.]
70.24.360
70.24.360 Jail detainees—Testing and counseling of
persons who present a possible risk. Jail administrators,
with the approval of the local public health officer, may order
pretest counseling, HIV testing, and posttest counseling for
persons detained in the jail if the local public health officer
determines that actual or threatened behavior presents a pos(2004 Ed.)
Control and Treatment of Sexually Transmitted Diseases
sible risk to the staff, general public, or other persons.
Approval of the local public health officer shall be based on
RCW 70.24.024(3) and may be contested through RCW
70.24.024(4). The administrator shall establish, pursuant to
RCW 70.48.071, a procedure to document the possible risk
which is the basis for the HIV testing. "Possible risk," as used
in this section, shall be defined by the board in rule. Documentation of the behavior, or threat thereof, shall be reviewed
with the person to try to assure that the person understands
the basis for testing. [1988 c 206 § 706.]
70.24.370
70.24.370 Correction facility inmates—Counseling
and testing of persons who present a possible risk—
Training for administrators and superintendents—Procedure. (1) Department of corrections facility administrators
may order pretest counseling, HIV testing, and posttest counseling for inmates if the secretary of corrections or the secretary's designee determines that actual or threatened behavior
presents a possible risk to the staff, general public, or other
inmates. The department of corrections shall establish a procedure to document the possible risk which is the basis for the
HIV testing. "Possible risk," as used in this section, shall be
defined by the department of corrections after consultation
with the board. Possible risk, as used in the documentation of
the behavior, or threat thereof, shall be reviewed with the
inmate.
(2) Department of corrections administrators and superintendents who are authorized to make decisions about testing and dissemination of test information shall, at least annually, participate in training seminars on public health considerations conducted by the assistant secretary for public health
or her or his designee.
(3) Administrative hearing requirements set forth in
chapter 34.05 RCW do not apply to the procedure developed
by the department of corrections pursuant to this section. This
section shall not be construed as requiring any hearing process except as may be required under existing federal constitutional law.
(4) RCW 70.24.340 does not apply to the department of
corrections or to inmates in its custody or subject to its jurisdiction. [1988 c 206 § 707.]
70.24.380
70.24.380 Board of health—Rules for counseling and
testing. The board of health shall adopt rules establishing
minimum standards for pretest counseling, HIV testing, posttest counseling, and AIDS counseling. [1988 c 206 § 709.]
70.24.400
70.24.400 Department to establish regional AIDS
service networks—Funding—Lead counties—Regional
plans—University of Washington, center for AIDS education. The department shall establish a statewide system of
regional acquired immunodeficiency syndrome (AIDS) service networks as follows:
(1) The secretary of health shall direct that all state or
federal funds, excluding those from federal Title XIX for services or other activities authorized in this chapter, shall be
allocated to the office on AIDS established in RCW
70.24.250. The secretary shall further direct that all funds for
services and activities specified in subsection (3) of this section shall be provided to lead counties through contractual
(2004 Ed.)
70.24.400
agreements based on plans developed as provided in subsection (2) of this section, unless direction of such funds is
explicitly prohibited by federal law, federal regulation, or
federal policy. The department shall deny funding allocations
to lead counties only if the denial is based upon documented
incidents of nonfeasance, misfeasance, or malfeasance. However, the department shall give written notice and thirty days
for corrective action in incidents of misfeasance or nonfeasance before funding may be denied. The department shall
designate six AIDS service network regions encompassing
the state. In doing so, the department shall use the boundaries
of the regional structures in place for the community services
administration on January 1, 1988.
(2) The department shall request that a lead county
within each region, which shall be the county with the largest
population, prepare, through a cooperative effort of local
health departments within the region, a regional organizational and service plan, which meets the requirements set
forth in subsection (3) of this section. Efforts should be made
to use existing plans, where appropriate. The plan should
place emphasis on contracting with existing hospitals, major
voluntary organizations, or health care organizations within a
region that have in the past provided quality services similar
to those mentioned in subsection (3) of this section and that
have demonstrated an interest in providing any of the components listed in subsection (3) of this section. If any of the
counties within a region do not participate, it shall be the lead
county's responsibility to develop the part of the plan for the
nonparticipating county or counties. If all of the counties
within a region do not participate, the department shall
assume the responsibility.
(3) The regional AIDS service network plan shall
include the following components:
(a) A designated single administrative or coordinating
agency;
(b) A complement of services to include:
(i) Voluntary and anonymous counseling and testing;
(ii) Mandatory testing and/or counseling services for certain individuals, as required by law;
(iii) Notification of sexual partners of infected persons,
as required by law;
(iv) Education for the general public, health professionals, and high-risk groups;
(v) Intervention strategies to reduce the incidence of HIV
infection among high-risk groups, possibly including needle
sterilization and methadone maintenance;
(vi) Related community outreach services for runaway
youth;
(vii) Case management;
(viii) Strategies for the development of volunteer networks;
(ix) Strategies for the coordination of related agencies
within the network; and
(x) Other necessary information, including needs particular to the region;
(c) A service delivery model that includes:
(i) Case management services; and
(ii) A community-based continuum-of-care model
encompassing both medical, mental health, and social services with the goal of maintaining persons with AIDS in a
[Title 70 RCW—page 29]
70.24.410
Title 70 RCW: Public Health and Safety
home-like setting, to the extent possible, in the least-expensive manner; and
(d) Budget, caseload, and staffing projections.
(4) Efforts shall be made by both the counties and the
department to use existing service delivery systems, where
possible, in developing the networks.
(5) The University of Washington health science program, in cooperation with the office on AIDS may, within
available resources, establish a center for AIDS education,
which shall be linked to the networks. The center for AIDS
education is not intended to engage in state-funded research
related to HIV infection, AIDS, or HIV-related conditions. Its
duties shall include providing the office on AIDS with the
appropriate educational materials necessary to carry out that
office's duties.
(6) The department shall implement this section, consistent with available funds, by October 1, 1988, by establishing
six regional AIDS service networks whose combined jurisdictions shall include the entire state.
(a) Until June 30, 1991, available funding for each
regional AIDS service network shall be allocated as follows:
(i) Seventy-five percent of the amount provided for
regional AIDS service networks shall be allocated per capita
based on the number of persons residing within each region,
but in no case less than one hundred fifty thousand dollars for
each regional AIDS service network per fiscal year. This
amount shall be expended for testing, counseling, education,
case management, notification of sexual partners of infected
persons, planning, coordination, and other services required
by law, except for those enumerated in (a)(ii) of this subsection.
(ii) Twenty-five percent of the amount provided for
regional AIDS service networks shall be allocated for intervention strategies specifically addressing groups that are at a
high risk of being infected with the human immunodeficiency virus. The allocation shall be made by the office on
AIDS based on documented need as specified in regional
AIDS network plans.
(b) After June 30, 1991, the funding shall be allocated as
provided by law.
(7) The regional AIDS service networks shall be the official state regional agencies for AIDS information education
and coordination of services. The state public health officer,
as designated by the secretary of health, shall make adequate
efforts to publicize the existence and functions of the networks.
(8) If the department is not able to establish a network by
an agreement solely with counties, it may contract with nonprofit agencies for any or all of the designated network
responsibilities.
(9) The department, in establishing the networks, shall
study mechanisms that could lead to reduced costs and/or
increased access to services. The methods shall include capitation.
(10) The department shall reflect in its departmental
biennial budget request the funds necessary to implement this
section.
(11) The use of appropriate materials may be authorized
by regional AIDS service networks in the prevention or control of HIV infection. [1998 c 245 § 126; 1991 c 3 § 327;
1988 c 206 § 801.]
[Title 70 RCW—page 30]
70.24.410
70.24.410 AIDS advisory committee—Duties, review
of insurance problems—Termination. To assist the secretary of health in the development and implementation of
AIDS programs, the governor shall appoint an AIDS advisory committee. Among its duties shall be a review of insurance problems as related to persons with AIDS. The committee shall terminate on June 30, 1991. [1991 c 3 § 328; 1988 c
206 § 803.]
70.24.420
70.24.420 Additional local funding of treatment programs not required. Nothing in this chapter may be construed to require additional local funding of programs to treat
communicable disease established as of March 23, 1988.
[1988 c 206 § 919.]
70.24.430
70.24.430 Application of chapter to persons subject
to jurisdiction of department of corrections. Nothing in
this chapter is intended to create a state-mandated liberty
interest of any nature for offenders or inmates confined in
department of corrections facilities or subject to the jurisdiction of the department of corrections. [1988 c 206 § 920.]
70.24.450
70.24.450 Confidentiality—Reports—Unauthorized
disclosures. (1) In order to assure compliance with the protections under this chapter and the rules of the board, and to
assure public confidence in the confidentiality of reported
information, the department shall:
(a) Report annually to the board any incidents of unauthorized disclosure by the department, local health departments, or their employees of information protected under
RCW 70.24.105. The report shall include recommendations
for preventing future unauthorized disclosures and improving
the system of confidentiality for reported information; and
(b) Assist health care providers, facilities that conduct
tests, local health departments, and other persons involved in
disease reporting to understand, implement, and comply with
this chapter and the rules of the board related to disease
reporting.
(2) This section is exempt from RCW 70.24.084,
70.05.070, and 70.05.120. [1999 c 391 § 3.]
Findings—Purpose—1999 c 391: See note following RCW
70.05.180.
70.24.900
70.24.900 Severability—1988 c 206. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1988 c 206 § 1001.]
Chapter 70.28
Chapter 70.28 RCW
CONTROL OF TUBERCULOSIS
Sections
70.28.005
70.28.008
70.28.010
70.28.020
70.28.025
70.28.031
70.28.032
Health officials, broad powers to protect public health.
Definitions.
Health care providers required to report cases.
Record of reports.
Secretary's administrative responsibility—Scope.
Powers and duties of health officers.
Due process standards for testing, treating, detaining—Reporting requirements—Training and scope for skin test administration.
(2004 Ed.)
Control of Tuberculosis
70.28.033
70.28.035
70.28.037
Treatment, isolation, or examination order of health officer—
Violation—Penalty.
Order of health officer—Refusal to obey—Application for
superior court order.
Superior court order for confinement of individuals having
active tuberculosis.
70.28.031
Severability—1967 c 54: "If any provision of this act, or its application
to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not
affected." [1967 c 54 § 20.]
70.28.020
Reviser's note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
70.28.005
70.28.005 Health officials, broad powers to protect
public health. (1) Tuberculosis has been and continues to be
a threat to the public's health in the state of Washington.
(2) While it is important to respect the rights of individuals, the legitimate public interest in protecting the public
health and welfare from the spread of a deadly infectious disease outweighs incidental curtailment of individual rights
that may occur in implementing effective testing, treatment,
and infection control strategies.
(3) To protect the public's health, it is the intent of the
legislature that local health officials provide culturally sensitive and medically appropriate early diagnosis, treatment,
education, and follow-up to prevent tuberculosis. Further, it
is imperative that public health officials and their staff have
the necessary authority and discretion to take actions as are
necessary to protect the health and welfare of the public, subject to the constitutional protection required under the federal
and state constitutions. Nothing in this chapter shall be construed as in any way limiting the broad powers of health officials to act as necessary to protect the public health. [1994 c
145 § 1.]
70.28.008
70.28.008 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise:
(1) "Department" means the department of health;
(2) "Secretary" means the secretary of the department of
health or his or her designee;
(3) "Tuberculosis control" refers to the procedures
administered in the counties for the control, prevention, and
treatment of tuberculosis. [1999 c 172 § 7; 1991 c 3 § 330;
1983 c 3 § 171; 1971 ex.s. c 277 § 15. Formerly RCW
70.33.010.]
Finding—Severability—1999 c 172: See notes following RCW
70.28.010.
70.28.010
70.28.010 Health care providers required to report
cases. All practicing health care providers in the state are
hereby required to report to the local health department cases
of every person having tuberculosis who has been attended
by, or who has come under the observation of, the health care
provider within one day thereof. [1999 c 172 § 2; 1996 c 209
§ 1; 1967 c 54 § 1; 1899 c 71 § 1; RRS § 6109.]
Finding—1999 c 172: "The legislature finds that current statutes relating to the reporting, treatment, and payment for tuberculosis are outdated,
and not in concert with current clinical practice and tuberculosis care
management. Updating reporting requirements for local health departments
will benefit providers, local health, and individuals requiring treatment for
tuberculosis." [1999 c 172 § 1.]
Severability—1999 c 172: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1999 c 172 § 13.]
(2004 Ed.)
70.28.020 Record of reports. All local health departments in this state are hereby required to receive and keep a
record, for a period of ten years from the date of the report, of
the reports required by RCW 70.28.010 to be made to them;
such records shall not be open to public inspection, but shall
be submitted to the proper inspection of other local health
departments and of the department of health alone, and such
records shall not be published nor made public. [1999 c 172
§ 3; 1967 c 54 § 2; 1899 c 71 § 2; RRS § 6110.]
Finding—Severability—1999 c 172: See notes following RCW
70.28.010.
70.28.025
70.28.025 Secretary's administrative responsibility—Scope. The secretary shall have responsibility for
establishing standards for the control, prevention, and treatment of tuberculosis and hospitals approved to treat tuberculosis in the state operated under this chapter and chapter
70.30 RCW and for providing, either directly or through
agreement, contract, or purchase, appropriate facilities and
services for persons who are, or may be suffering from tuberculosis except as otherwise provided by RCW 70.30.061 or
this section.
Under that responsibility, the secretary shall have the
following powers and duties:
(1) To develop and enter into such agreements, contracts,
or purchase arrangements with counties and public and private agencies or institutions to provide for hospitalization,
nursing home, or other appropriate facilities and services,
including laboratory services, for persons who are or may be
suffering from tuberculosis;
(2) Adopt such rules as are necessary to assure effective
patient care and treatment of tuberculosis. [1999 c 172 § 8;
1983 c 3 § 172; 1973 1st ex.s. c 213 § 2; 1971 ex.s. c 277 §
16. Formerly RCW 70.33.020.]
Finding—Severability—1999 c 172: See notes following RCW
70.28.010.
70.28.031
70.28.031 Powers and duties of health officers. Each
health officer is hereby directed to use every available means
to ascertain the existence of, and immediately to investigate,
all reported or suspected cases of tuberculosis in the infectious stages within his or her jurisdiction and to ascertain the
sources of such infections. In carrying out such investigations, each health officer is hereby invested with full powers
of inspection, examination, treatment, and quarantine or isolation of all persons known to be infected with tuberculosis in
an infectious stage or persons who have been previously
diagnosed as having tuberculosis and who are under medical
orders for treatment or periodic follow-up examinations and
is hereby directed:
(a) To make such examinations as are deemed necessary
of persons reasonably suspected of having tuberculosis in an
infectious stage and to isolate and treat or isolate, treat, and
quarantine such persons, whenever deemed necessary for the
protection of the public health.
[Title 70 RCW—page 31]
70.28.032
Title 70 RCW: Public Health and Safety
(b) To make such examinations as deemed necessary of
persons who have been previously diagnosed as having
tuberculosis and who are under medical orders for periodic
follow-up examinations.
(c) Follow local rules and regulations regarding examinations, treatment, quarantine, or isolation, and all rules, regulations, and orders of the state board and of the department
in carrying out such examination, treatment, quarantine, or
isolation.
(d) Whenever the health officer shall determine on reasonable grounds that an examination or treatment of any person is necessary for the preservation and protection of the
public health, he or she shall make an examination order in
writing, setting forth the name of the person to be examined,
the time and place of the examination, the treatment, and such
other terms and conditions as may be necessary to protect the
public health. Nothing contained in this subdivision shall be
construed to prevent any person whom the health officer
determines should have an examination or treatment for
infectious tuberculosis from having such an examination or
treatment made by a physician of his or her own choice who
is licensed to practice osteopathic medicine and surgery
under chapter 18.57 RCW or medicine and surgery under
chapter 18.71 RCW under such terms and conditions as the
health officer shall determine on reasonable grounds to be
necessary to protect the public health.
(e) Whenever the health officer shall determine that
quarantine, treatment, or isolation in a particular case is necessary for the preservation and protection of the public
health, he or she shall make an order to that effect in writing,
setting forth the name of the person, the period of time during
which the order shall remain effective, the place of treatment,
isolation, or quarantine, and such other terms and conditions
as may be necessary to protect the public health.
(f) Upon the making of an examination, treatment, isolation, or quarantine order as provided in this section, a copy of
such order shall be served upon the person named in such
order.
(g) Upon the receipt of information that any examination, treatment, quarantine, or isolation order, made and
served as herein provided, has been violated, the health
officer shall advise the prosecuting attorney of the county in
which such violation has occurred, in writing, and shall submit to such prosecuting attorney the information in his or her
possession relating to the subject matter of such examination,
treatment, isolation, or quarantine order, and of such violation or violations thereof.
(h) Any and all orders authorized under this section shall
be made by the health officer or his or her tuberculosis control officer.
(i) Nothing in this chapter shall be construed to abridge
the right of any person to rely exclusively on spiritual means
alone through prayer to treat tuberculosis in accordance with
the tenets and practice of any well-recognized church or religious denomination, nor shall anything in this chapter be
deemed to prohibit a person who is inflicted with tuberculosis
from being isolated or quarantined in a private place of his
own choice, provided, it is approved by the local health
officer, and all laws, rules and regulations governing control,
sanitation, isolation, and quarantine are complied with.
[1996 c 209 § 2; 1996 c 178 § 21; 1967 c 54 § 4.]
[Title 70 RCW—page 32]
Reviser's note: This section was amended by 1996 c 178 § 21 and by
1996 c 209 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1996 c 178: See note following RCW 18.35.110.
70.28.032
70.28.032 Due process standards for testing, treating,
detaining—Reporting requirements—Training and
scope for skin test administration. (1) The state board of
health shall adopt rules establishing the requirements for:
(a) Reporting confirmed or suspected cases of tuberculosis by health care providers and reporting of laboratory
results consistent with tuberculosis by medical test sites;
(b) Due process standards for health officers exercising
their authority to involuntarily detain, test, treat, or isolate
persons with suspected or confirmed tuberculosis under
RCW 70.28.031 and 70.05.070 that provide for release from
any involuntary detention, testing, treatment, or isolation as
soon as the health officer determines the patient no longer
represents a risk to the public's health;
(c) Training of persons to perform tuberculosis skin testing and to administer tuberculosis medications.
(2) Notwithstanding any other provision of law, persons
trained under subsection (1)(c) of this section may perform
skin testing and administer medications if doing so as part of
a program established by a state or local health officer to control tuberculosis. [1996 c 209 § 3; 1994 c 145 § 2.]
70.28.033
70.28.033 Treatment, isolation, or examination order
of health officer—Violation—Penalty. Inasmuch as the
order provided for by RCW 70.28.031 is for the protection of
the public health, any person who, after service upon him or
her of an order of a health officer directing his or her treatment, isolation, or examination as provided for in RCW
70.28.031, violates or fails to comply with the same or any
provision thereof, is guilty of a misdemeanor, and, upon conviction thereof, in addition to any and all other penalties
which may be imposed by law upon such conviction, may be
ordered by the court confined until such order of such health
officer shall have been fully complied with or terminated by
such health officer, but not exceeding six months from the
date of passing judgment upon such conviction: PROVIDED, That the court, upon suitable assurances that such
order of such health officer will be complied with, may place
any person convicted of a violation of such order of such
health officer upon probation for a period not to exceed two
years, upon condition that the said order of said health officer
be fully complied with: AND PROVIDED FURTHER, That
upon any subsequent violation of such order of such health
officer, such probation shall be terminated and confinement
as herein provided ordered by the court. [1996 c 209 § 4;
1967 c 54 § 5.]
70.28.035
70.28.035 Order of health officer—Refusal to obey—
Application for superior court order. In addition to the
proceedings set forth in RCW 70.28.031, where a local health
officer has reasonable cause to believe that an individual has
tuberculosis as defined in the rules and regulations of the
state board of health, and the individual refuses to obey the
order of the local health officer to appear for an initial examination or a follow-up examination or an order for treatment,
(2004 Ed.)
Tuberculosis Hospitals, Facilities, and Funding
isolation, or quarantine, the health officer may apply to the
superior court for an order requiring the individual to comply
with the order of the local health officer. [1996 c 209 § 5;
1967 c 54 § 6.]
70.28.037
70.28.037 Superior court order for confinement of
individuals having active tuberculosis. Where it has been
determined after an examination as prescribed in this chapter
that an individual has active tuberculosis, upon application to
the superior court by the local health officer, the superior
court shall order the sheriff to transport the individual to a
designated facility for isolation, treatment, and care until
such time as the local health officer or designee determines
that the patient's condition is such that it is safe for the patient
to be discharged from the facility. [1999 c 172 § 4; 1967 c 54
§ 7.]
Finding—Severability—1999 c 172: See notes following RCW
70.28.010.
70.30.081
section be construed to mean that the legislative authority of
each county shall budget sums to provide tuberculosis treatment when the patient has the ability to pay for the treatment.
Each patient's ability to pay for the treatment shall be
assessed by the local health department. [1999 c 172 § 6;
1975 1st ex.s. c 291 § 3; 1973 1st ex.s. c 195 § 79; 1971 ex.s.
c 277 § 21; 1970 ex.s. c 47 § 7; 1967 ex.s. c 110 § 11; 1959 c
117 § 1; 1945 c 66 § 1; 1943 c 162 § 1; Rem. Supp. 1945 §
6113-1. Formerly RCW 70.32.010.]
Finding—Severability—1999 c 172: See notes following RCW
70.28.010.
Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
County budget for tuberculosis facilities: RCW 70.30.055.
County treasurer: Chapter 36.29 RCW.
70.30.055
Chapter 70.30 RCW
TUBERCULOSIS HOSPITALS, FACILITIES,
AND FUNDING
Chapter 70.30
(Formerly: Tuberculosis hospitals and facilities)
Sections
70.30.015
70.30.045
70.30.055
70.30.061
70.30.081
Definitions.
Expenditures for tuberculosis control directed—Standards—
Payment for treatment.
County budget for tuberculosis facilities.
Admissions to facility.
Annual inspections.
Reviser's note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
County hospitals: Chapter 36.62 RCW.
Hospital's lien: Chapter 60.44 RCW.
Labor regulations, collective bargaining—Health care activities: Chapter
49.66 RCW.
70.30.055 County budget for tuberculosis facilities.
In order to maintain adequate facilities and services for the
residents of the state of Washington who are or may be suffering from tuberculosis and to assure their proper care, the
legislative authority of each county shall budget annually a
sum to provide such services in the county.
The funds may be retained by the county for operating its
own services for the prevention and treatment of tuberculosis.
None of the counties shall be required to make any payments
to the state or any other agency from these funds except as
authorized by the local health department. However, if the
counties do not comply with the adopted standards of the
department, the secretary shall take action to provide the
required services and to charge the affected county directly
for the provision of these services by the state. [1999 c 172 §
9; 1975 1st ex.s. c 291 § 4. Prior: 1973 1st ex.s. c 213 § 4;
1973 1st ex.s. c 195 § 81; 1971 ex.s. c 277 § 18. Formerly
RCW 70.33.040.]
Finding—Severability—1999 c 172: See notes following RCW
70.28.010.
70.30.015
70.30.015 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of the department of
health or his or her designee.
(3) "Tuberculosis control" refers to the procedures
administered in the counties for the control, prevention, and
treatment of tuberculosis. [1999 c 172 § 10.]
Finding—Severability—1999 c 172: See notes following RCW
70.28.010.
70.30.045
70.30.045 Expenditures for tuberculosis control
directed—Standards—Payment for treatment. Tuberculosis is a communicable disease and tuberculosis prevention,
treatment, control, and follow up of known cases of tuberculosis are the basic steps in the control of this major health
problem. In order to carry on such work effectively in accordance with the standards set by the secretary under RCW
70.28.025, the legislative authority of each county shall budget a sum to be used for the control of tuberculosis, including
case finding, prevention, treatment, and follow up of known
cases of tuberculosis. Under no circumstances should this
(2004 Ed.)
Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050.
Expenditures for tuberculosis control directed—Standards—Payment for
treatment: RCW 70.30.045.
70.30.061
70.30.061 Admissions to facility. Any person residing
in the state and needing treatment for tuberculosis may apply
in person to the local health officer or to any licensed physician, advanced registered nurse practitioner, or licensed physician assistant for examination and if that health care provider has reasonable cause to believe that the person is suffering from tuberculosis in any form he or she may apply to the
local health officer or designee for admission of the person to
an appropriate facility for the care and treatment of tuberculosis. [1999 c 172 § 5; 1973 1st ex.s. c 213 § 1; 1972 ex.s. c
143 § 2.]
Finding—Severability—1999 c 172: See notes following RCW
70.28.010.
70.30.081
70.30.081 Annual inspections. All hospitals established or maintained for the treatment of persons suffering
from tuberculosis shall be subject to annual inspection, or
more frequently if required by federal law, by agents of the
[Title 70 RCW—page 33]
Chapter 70.37
Title 70 RCW: Public Health and Safety
department of health, and the medical director shall admit
such agents into every part of the facility and its buildings,
and give them access on demand to all records, reports,
books, papers, and accounts pertaining to the facility. [1991
c 3 § 329; 1972 ex.s. c 143 § 4.]
Chapter 70.37
Chapter 70.37 RCW
HEALTH CARE FACILITIES
Sections
70.37.010
70.37.020
70.37.030
70.37.040
70.37.050
70.37.060
70.37.070
70.37.080
70.37.090
70.37.100
70.37.110
70.37.900
Declaration of public policies—Purpose.
Definitions.
Washington health care facilities authority established—
Members—Chairman—Terms—Quorum—Vacancies—
Compensation and travel expenses.
Washington health care facilities authority—Powers—Special
fund bonds—Revenue bonds.
Requests for financing—Financing plan—Bond issue, special
fund authorized.
Bond issues—Terms—Payment—Legal investment, etc.
Bond issues—Special trust fund—Payments—Status—
Administration of fund.
Bond issues—Disposition of proceeds—Special fund.
Payment of authority for expenses incurred in investigating
and financing projects.
Powers of authority.
Advancements and contributions by political subdivisions.
Severability—1974 ex.s. c 147.
70.37.010
70.37.010 Declaration of public policies—Purpose.
The good health of the people of our state is a most important
public concern. The state has a direct interest in seeing to it
that health care facilities adequate for good public health are
established and maintained in sufficient numbers and in
proper locations. The rising costs of care of the infirm constitute a grave challenge not only to health care providers but to
our state and the people of our state who will seek such care.
It is hereby declared to be the public policy of the state of
Washington to assist and encourage the building, providing
and utilization of modern, well equipped and reasonably
priced health care facilities, and the improvement, expansion
and modernization of health care facilities in a manner that
will minimize the capital costs of construction, financing and
use thereof and thereby the costs to the public of the use of
such facilities, and to contribute to improving the quality of
health care available to our citizens. In order to accomplish
these and related purposes this chapter is adopted and shall be
liberally construed to carry out its purposes and objects.
[1974 ex.s. c 147 § 1.]
70.37.020
70.37.020 Definitions. As used in this chapter, the following words and terms have the following meanings, unless
the context indicates or requires another or different meaning
or intent and the singular of any term shall encompass the
plural and the plural the singular unless the context indicates
otherwise:
(1) "Authority" means the Washington health care facilities authority created by RCW 70.37.030 or any board, body,
commission, department or officer succeeding to the principal functions thereof or to whom the powers conferred upon
the authority shall be given by law.
(2) "Bonds" mean bonds, notes or other evidences of
indebtedness of the authority issued pursuant hereto.
(3) "Health care facility" means any land, structure, system, machinery, equipment or other real or personal property
[Title 70 RCW—page 34]
or appurtenances useful for or associated with delivery of
inpatient or outpatient health care service or support for such
care or any combination thereof which is operated or undertaken in connection with hospital, clinic, health maintenance
organization, diagnostic or treatment center, extended care
facility, or any facility providing or designed to provide therapeutic, convalescent or preventive health care services, and
shall include research and support facilities of a comprehensive cancer center, but excluding, however, any facility
which is maintained by a participant primarily for rental or
lease to self-employed health care professionals or as an independent nursing home or other facility primarily offering
domiciliary care.
(4) "Participant" means any city, county or other municipal corporation or agency or political subdivision of the state
or any corporation, hospital, comprehensive cancer center, or
health maintenance organization authorized by law to operate
nonprofit health care facilities, or any affiliate, as defined by
regulations promulgated by the director of the department of
financial institutions pursuant to RCW 21.20.450, which is a
nonprofit corporation acting for the benefit of any entity
described in this subsection.
(5) "Project" means a specific health care facility or any
combination of health care facilities, constructed, purchased,
acquired, leased, used, owned or operated by a participant,
and alterations, additions to, renovations, enlargements, betterments and reconstructions thereof. [1994 c 92 § 505; 1989
c 65 § 1; 1983 c 210 § 3; 1974 ex.s. c 147 § 2.]
70.37.030 Washington health care facilities authority
established—Members—Chairman—Terms—Quorum—Vacancies—Compensation and travel expenses.
There is hereby established a public body corporate and politic, with perpetual corporate succession, to be known as the
Washington health care facilities authority. The authority
shall constitute a political subdivision of the state established
as an instrumentality exercising essential governmental functions. The authority is a "public body" within the meaning of
RCW 39.53.010. The authority shall consist of the governor
who shall serve as chairman, the lieutenant governor, the
insurance commissioner, the secretary of health, and one
member of the public who shall be appointed by the governor, subject to confirmation by the senate, on the basis of the
member's interest or expertise in health care delivery, for a
term expiring on the fourth anniversary of the date of
appointment. In the event that any of the offices referred to
shall be abolished the resulting vacancy on the authority shall
be filled by the officer who shall succeed substantially to the
powers and duties thereof. The members of the authority
shall be compensated in accordance with RCW 43.03.240
and shall be entitled to reimbursement, solely from the funds
of the authority, for travel expenses incurred in the discharge
of their duties under this chapter, subject to the provisions of
RCW 43.03.050 and 43.03.060. A majority shall constitute a
quorum.
The governor and the insurance commissioner each may
designate an employee of his or her office to act on his or her
behalf during the absence of the governor or the insurance
commissioner at one or more of the meetings of the authority.
The vote of the designee shall have the same effect as if cast
by the governor or the insurance commissioner if the desig70.37.030
(2004 Ed.)
Health Care Facilities
nation is in writing and is presented to the person presiding at
the meetings included within the designation.
The governor may designate a member to preside during
the governor's absence. [2002 c 91 § 1; 1989 1st ex.s. c 9 §
261; 1984 c 287 § 103; 1983 c 210 § 1; 1975-'76 2nd ex.s. c
34 § 157; 1974 ex.s. c 147 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
70.37.040
70.37.040 Washington health care facilities authority—Powers—Special fund bonds—Revenue bonds. (1)
The authority is hereby empowered to issue bonds for the
construction, purchase, acquisition, rental, leasing or use by
participants of projects for which bonds to provide funds
therefor have been approved by the authority. Such bonds
shall be issued in the name of the authority. They shall not be
obligations of the state of Washington or general obligations
of the authority but shall be payable only from the special
funds created by the authority for their payment. They shall
contain a recital on their face that their payment and the payment of interest thereon shall be a valid claim only as against
the special fund relating thereto derived by the authority in
whole or in part from the revenues received by the authority
from the operation by the participant of the health care facilities for which the bonds are issued but that they shall constitute a prior charge over all other charges or claims whatever
against such special fund. The lien of any such pledge on
such revenues shall attach thereto immediately on their
receipt by the authority and shall be valid and binding as
against parties having claims of any kind in tort, contract or
otherwise against the participant, without recordation thereof
and whether or not they have notice thereof. For inclusion in
such special funds and for other uses in or for such projects of
participants the authority is empowered to accept and receive
funds, grants, gifts, pledges, guarantees, mortgages, trust
deeds and other security instruments, and property from the
federal government or the state of Washington or other public
body, entity or agency and from any public or private institution, association, corporation or organization, including participants, except that it shall not accept or receive from the
state or any taxing agency any money derived from taxes
save money to be devoted to the purposes of a project of the
state or taxing agency.
(2) For the purposes outlined in subsection (1) of this
section the authority is empowered to provide for the issuance of its special fund bonds and other limited obligation
security instruments subordinate to the first and prior lien
bonds, if any, relating to a project or projects of a participant
and to create special funds relating thereto against which
such subordinate securities shall be liens, but the authority
shall not have power to incur general obligations with respect
thereto.
(3) The authority may also issue special fund bonds to
redeem or to fund or refund outstanding bonds or any part
thereof at maturity, or before maturity if subject to prior
redemption, with the right in the authority to include various
series and issues of such outstanding special fund bonds in a
(2004 Ed.)
70.37.050
single issue of funding or refunding special fund bonds and to
pay any redemption premiums out of the proceeds thereto.
Such funding or refunding bonds shall be limited special fund
bonds issued in accordance with the provisions of this chapter, including this section and shall not be general obligations
of the authority.
(4) Such special fund bonds of either first lien or subordinate lien nature may also be issued by the authority, the
proceeds of which may be used to refund already existing
mortgages or other obligations on health care facilities
already constructed and operating incurred by a participant in
the construction, purchase or acquisition thereof.
(5) The authority may also lease to participants, lease to
them with option to purchase, or sell to them, facilities which
it has acquired by construction, purchase, devise, gift, or leasing: PROVIDED, That the terms thereof shall at least fully
reimburse the authority for its costs with respect to such facilities, including costs of financing, and provide fully for the
debt service on any bonds issued by the authority to finance
acquisition by it of the facilities. To pay the cost of acquiring
or improving such facilities or to refund any bonds issued for
such purpose, the authority may issue its revenue bonds
secured solely by revenues derived from the sale or lease of
the facility, but which may additionally be secured by mortgage, lease, pledge or assignment, trust agreement or other
security device. Such bonds and such security devices shall
not be obligations of the state of Washington or general obligations of the authority but shall be payable only from the
special funds created by the authority for their payment. Such
health care facilities may be acquired, constructed, reconstructed, and improved and may be leased, sold or otherwise
disposed of in the manner determined by the authority in its
sole discretion and any requirement of competitive bidding,
lease performance bonds or other restriction imposed on the
procedure for award of contracts for such purpose or the
lease, sale or other disposition of property of the state, or any
agency thereof, is not applicable to any action so taken by the
authority. [1974 ex.s. c 147 § 4.]
70.37.050
70.37.050 Requests for financing—Financing plan—
Bond issue, special fund authorized. The authority shall
establish rules concerning its exercise of the powers authorized by this chapter. The authority shall receive from applicants requests for the providing of bonds for financing of
health care facilities and shall investigate and determine the
need and the feasibility of providing such bonds. Whenever
the authority deems it necessary or advisable for the benefit
of the public health to provide financing for a health care
facility, it shall adopt a financing plan therefor and shall
declare the estimated cost thereof, as near as may be, including as part of such cost funds necessary for the expenses
incurred in the financing as well as in the construction or purchase or other acquisition or in connection with the rental or
other payment for the use thereof, interest during construction, reserve funds and any funds necessary for initial start-up
costs, and shall issue and sell its bonds for the purposes of
carrying out the proposed financing plan: PROVIDED, That
if a certificate of need is required for the proposed project, no
such financing plan shall be adopted until such certificate has
been issued pursuant to chapter 70.38 RCW by the secretary
of the department of social and health services. The authority
[Title 70 RCW—page 35]
70.37.060
Title 70 RCW: Public Health and Safety
shall have power as a part of such plan to create a special fund
or funds for the purpose of defraying the cost of such project
and for other projects of the same participant subsequently or
at the same time approved by it and for their maintenance,
improvement, reconstruction, remodeling and rehabilitation,
into which special fund or funds it shall obligate and bind the
participant to set aside and pay from the gross revenues of the
project or from other sources an amount sufficient to pay the
principal and interest of the bonds being issued, reserves and
other requirements of the special fund and to issue and sell
bonds payable as to both principal and interest out of such
fund or funds relating to the project or projects of such participant.
Such bonds shall bear such date or dates, mature at such
time or times, be in such denominations, be in such form,
either coupon or registered, or both, as provided in RCW
39.46.030, carry such registration privileges, be made transferable, exchangeable, and interchangeable, be payable in
such medium of payment, at such place or places, be subject
to such terms of redemption, bear such fixed or variable rate
or rates of interest, and be sold in such manner, at such price,
as the authority shall determine. Such bonds shall be executed by the chairman, by either its duly elected secretary or
its executive director, and by the trustee if the authority determines to utilize a trustee for the bonds. Execution of the
bonds may be by manual or facsimile signature: PROVIDED, That at least one signature placed thereon shall be
manually subscribed. Any interest coupons appurtenant to
the bonds shall be executed by facsimile or manual signature
or signatures, as the authority shall determine. [1983 c 210 §
2; 1983 c 167 § 171; 1981 c 121 § 1; 1974 ex.s. c 147 § 5.]
Reviser's note: This section was amended by 1983 c 167 § 171 and by
1983 c 210 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
70.37.060
70.37.060 Bond issues—Terms—Payment—Legal
investment, etc. The bonds of the authority shall be subject
to such terms, conditions and covenants and protective provisions as shall be found necessary or desirable by the authority, which may include but shall not be limited to provisions
for the establishment and maintenance by the participant of
rates for health services of the project, fees and other charges
of every kind and nature sufficient in amount and adequate,
over and above costs of operation and maintenance and all
other costs other than costs and expenses of capital, associated with the project, to pay the principal of and interest on
the bonds payable out of the special fund or funds of the
project, to set aside and maintain reserves as determined by
the authority to secure the payment of such principal and
interest, to set aside and maintain reserves for repairs and
replacement, to maintain coverage which may be agreed
upon over and above the requirements of payment of principal and interest, and for other needs found by the authority to
be required for the security of the bonds. When issuing bonds
the authority may provide for the future issuance of additional bonds on a parity with outstanding bonds, and the
terms and conditions of their issuance.
[Title 70 RCW—page 36]
All bonds issued under the authority of this chapter shall
constitute legal investments for trustees and other fiduciaries
and for savings and loan associations, banks, and insurance
companies doing business in this state. All such bonds and all
coupons appertaining thereto shall be negotiable instruments
within the meaning of and for all purposes of the negotiable
instruments law of this state. [1974 ex.s. c 147 § 6.]
70.37.070
70.37.070 Bond issues—Special trust fund—Payments—Status—Administration of fund. All revenues
received by the authority from a participant derived from a
particular project of such participant to be applied on principal and interest of bonds or for other bond requirements such
as reserves and all other funds for the bond requirements of a
particular project received from contributions or grants or in
any other form shall be deposited by the authority in qualified
public depositaries to the credit of a special trust fund to be
designated as the authority special bond fund for the particular project or projects producing such revenue or to which the
contribution or grant relates. Such fund shall not be or constitute funds of the state of Washington but at all times shall be
kept segregated and set apart from other funds. From such
funds, the authority shall make payment of principal and
interest of the bonds of the particular project or projects; and
the authority may set up subaccounts in the bond fund for
reserve accounts for payment of principal and interest, for
repairs and replacement and for other special requirements of
the bonds of the project or projects as determined by the
authority. In lieu of itself receiving and handling these moneys as here outlined the authority may appoint trustees,
depositaries and paying agents to perform the functions outlined and to receive, hold, disburse, invest and reinvest such
funds on its behalf and for the protection of the bondholders.
[1974 ex.s. c 147 § 7.]
70.37.080
70.37.080 Bond issues—Disposition of proceeds—
Special fund. Proceeds from the sale of all bonds of a project
issued under the provisions of this chapter received by the
authority shall be deposited forthwith by the authority in
qualified public depositaries in a special fund for the particular project for which the bonds were issued and sold, which
money shall not be funds of the state of Washington. Such
fund shall at all times be segregated and set apart from all
other funds and in trust for the purposes of purchase, construction, acquisition, leasing, or use of a project or projects,
and for other special needs of the project declared by the
authority, including the manner of disposition of any money
not finally needed in the construction, purchase, or other
acquisition. Money other than bond sale proceeds received by
the authority for these same purposes, such as contributions
from a participant or a grant from the federal government
may be deposited in the same project fund. Proceeds received
from the sale of the bonds may also be used to defray the
expenses of the authority in connection with and incidental to
the issuance and sale of bonds for the project, as well as
expenses for studies, surveys, estimates, inspections and
examinations of or relating to the particular project, and other
costs advanced therefor by the participant or by the authority.
In lieu of itself receiving and handling these moneys in the
manner here outlined the authority may appoint trustees,
(2004 Ed.)
Health Planning and Development
depositaries and paying agents to perform the functions outlined and to receive, hold, disburse, invest and reinvest such
funds on its behalf and for the protection of the participants
and of bondholders. [1974 ex.s. c 147 § 8.]
70.38.015
70.37.900
70.37.900 Severability—1974 ex.s. c 147. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1974 ex.s. c 147 § 12.]
70.37.090
70.37.090 Payment of authority for expenses
incurred in investigating and financing projects. The
authority shall have power to require persons applying for its
assistance in connection with the investigation and financing
of projects to pay fees and charges to provide the authority
with funds for investigation, financial feasibility studies,
expenses of issuance and sale of bonds and other charges for
services provided by the authority in connection with such
projects. All other expenses of the authority including compensation of its employees and consultants, expenses of
administration and conduct of its work and business and
other expenses shall be paid out of such fees and charges, out
of contributions and grants to it, out of the proceeds of bonds
issued for projects of participants or out of revenues of such
projects; none by the state of Washington. The authority shall
have power to establish special funds into which such money
shall be received and out of which it may be disbursed by the
persons and with the procedure and in the manner established
by the authority. [1974 ex.s. c 147 § 9.]
Chapter 70.38 RCW
HEALTH PLANNING AND DEVELOPMENT
Chapter 70.38
Sections
70.38.015
70.38.025
70.38.095
70.38.105
70.38.111
70.38.115
70.38.118
70.38.125
70.38.135
70.38.155
70.38.156
70.38.157
70.38.158
70.38.220
70.37.100
70.37.100 Powers of authority. The authority may
make contracts, employ or engage engineers, architects,
attorneys, an executive director, and other technical or professional assistants, and such other personnel as are necessary. It may delegate to the executive director or other appropriate persons the power to execute legal instruments on its
behalf. It may enter into contracts with the United States,
accept gifts for its purposes, and exercise any other power
reasonably required to implement the principal powers
granted in this chapter. No provision of this chapter shall be
construed so as to limit the power of the authority to provide
bond financing to more than one participant and/or project by
means of a single issue of revenue bonds utilizing a single
bond fund and/or a single special fund into which proceeds of
such bonds are deposited. The authority shall have no power
to levy any taxes of any kind or nature and no power to incur
obligations on behalf of the state of Washington. [1982 c 10
§ 14. Prior: 1981 c 121 § 2; 1981 c 31 § 1; 1974 ex.s. c 147
§ 10.]
Severability—1982 c 10: See note following RCW 6.13.080.
70.37.110
70.37.110 Advancements and contributions by political subdivisions. Any city, county or other political subdivision of this state and any public health care facility is
hereby authorized to advance or contribute to the authority
real property, money, and other personal property of any kind
towards the expense of preliminary surveys and studies and
other preliminary expenses of projects which they are by
other statutes of this state authorized to own or operate which
are a part of a plan or system which has been submitted by
them and is under consideration by the authority for assistance under the provisions of this chapter. [1974 ex.s. c 147
§ 11.]
(2004 Ed.)
70.38.230
70.38.250
70.38.905
70.38.910
70.38.911
70.38.912
70.38.914
70.38.915
70.38.916
70.38.917
70.38.918
70.38.919
70.38.920
Declaration of public policy.
Definitions.
Public disclosure.
Health services and facilities requiring certificate of need—
Fees.
Certificates of need—Exemptions.
Certificates of need—Procedures—Rules—Criteria for
review—Conditional certificates of need—Concurrent
review—Review periods—Hearing—Adjudicative proceeding—Amended certificates of need.
Certificates of need—Applications submitted by hospice
agencies.
Certificates of need—Issuance—Duration—Penalties for violations.
Services and surveys—Rules.
Certificates of need—Savings—1979 ex.s. c 161.
Certificates of need—Savings—1980 c 139.
Certificates of need—Savings—1983 c 235.
Certificates of need—Savings—1989 1st ex.s. c 9 §§ 601
through 607.
Ethnic minorities—Nursing home beds that reflect cultural
differences.
Residential hospice care centers—Defined—Change in bed
capacity—Applicability of chapter.
Redistribution and addition of beds—Determination.
Conflict with federal law—Construction.
Severability—1983 c 235; 1979 ex.s. c 161.
Severability—1980 c 139.
Severability—1989 1st ex.s. c 9.
Pending certificates of need—1983 c 235.
Effective dates—Pending certificates of need—1979 ex.s. c
161.
Effective date—1980 c 139.
Effective date—1989 1st ex.s. c 9.
Effective dates—Pending certificates of need—1989 1st ex.s.
c 9.
Effective date—State health plan—1989 1st ex.s. c 9.
Short title.
70.38.015
70.38.015 Declaration of public policy. It is declared
to be the public policy of this state:
(1) That health planning to promote, maintain, and
assure the health of all citizens in the state, to provide accessible health services, health manpower, health facilities, and
other resources while controlling excessive increases in
costs, and to recognize prevention as a high priority in health
programs, is essential to the health, safety, and welfare of the
people of the state. Health planning should be responsive to
changing health and social needs and conditions. Involvement in health planning from both consumers and providers
throughout the state should be encouraged;
(2) That the development of health services and
resources, including the construction, modernization, and
conversion of health facilities, should be accomplished in a
planned, orderly fashion, consistent with identified priorities
and without unnecessary duplication or fragmentation;
(3) That the development and maintenance of adequate
health care information, statistics and projections of need for
health facilities and services is essential to effective health
planning and resources development;
[Title 70 RCW—page 37]
70.38.025
Title 70 RCW: Public Health and Safety
(4) That the development of nonregulatory approaches to
health care cost containment should be considered, including
the strengthening of price competition; and
(5) That health planning should be concerned with public
health and health care financing, access, and quality, recognizing their close interrelationship and emphasizing cost control of health services, including cost-effectiveness and costbenefit analysis. [1989 1st ex.s. c 9 § 601; 1983 c 235 § 1;
1980 c 139 § 1; 1979 ex.s. c 161 § 1.]
70.38.025 Definitions. When used in this chapter, the
terms defined in this section shall have the meanings indicated.
(1) "Board of health" means the state board of health created pursuant to chapter 43.20 RCW.
(2) "Capital expenditure" is an expenditure, including a
force account expenditure (i.e., an expenditure for a construction project undertaken by a nursing home facility as its own
contractor) which, under generally accepted accounting principles, is not properly chargeable as an expense of operation
or maintenance. Where a person makes an acquisition under
lease or comparable arrangement, or through donation, which
would have required review if the acquisition had been made
by purchase, such expenditure shall be deemed a capital
expenditure. Capital expenditures include donations of
equipment or facilities to a nursing home facility which if
acquired directly by such facility would be subject to certificate of need review under the provisions of this chapter and
transfer of equipment or facilities for less than fair market
value if a transfer of the equipment or facilities at fair market
value would be subject to such review. The cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition,
improvement, expansion, or replacement of any plant or
equipment with respect to which such expenditure is made
shall be included in determining the amount of the expenditure.
(3) "Continuing care retirement community" means an
entity which provides shelter and services under continuing
care contracts with its members and which sponsors or
includes a health care facility or a health service. A "continuing care contract" means a contract to provide a person, for
the duration of that person's life or for a term in excess of one
year, shelter along with nursing, medical, health-related, or
personal care services, which is conditioned upon the transfer
of property, the payment of an entrance fee to the provider of
such services, or the payment of periodic charges for the care
and services involved. A continuing care contract is not
excluded from this definition because the contract is mutually
terminable or because shelter and services are not provided at
the same location.
(4) "Department" means the department of health.
(5) "Expenditure minimum" means, for the purposes of
the certificate of need program, one million dollars adjusted
by the department by rule to reflect changes in the United
States department of commerce composite construction cost
index; or a lesser amount required by federal law and established by the department by rule.
(6) "Health care facility" means hospices, hospice care
centers, hospitals, psychiatric hospitals, nursing homes, kidney disease treatment centers, ambulatory surgical facilities,
70.38.025
[Title 70 RCW—page 38]
and home health agencies, and includes such facilities when
owned and operated by a political subdivision or instrumentality of the state and such other facilities as required by federal law and implementing regulations, but does not include
any health facility or institution conducted by and for those
who rely exclusively upon treatment by prayer or spiritual
means in accordance with the creed or tenets of any well-recognized church or religious denomination, or any health
facility or institution operated for the exclusive care of members of a convent as defined in RCW 84.36.800 or rectory,
monastery, or other institution operated for the care of members of the clergy. In addition, the term does not include any
nonprofit hospital: (a) Which is operated exclusively to provide health care services for children; (b) which does not
charge fees for such services; and (c) if not contrary to federal
law as necessary to the receipt of federal funds by the state.
(7) "Health maintenance organization" means a public or
private organization, organized under the laws of the state,
which:
(a) Is a qualified health maintenance organization under
Title XIII, section 1310(d) of the Public Health Services Act;
or
(b)(i) Provides or otherwise makes available to enrolled
participants health care services, including at least the following basic health care services: Usual physician services, hospitalization, laboratory, x-ray, emergency, and preventive
services, and out-of-area coverage; (ii) is compensated
(except for copayments) for the provision of the basic health
care services listed in (b)(i) to enrolled participants by a payment which is paid on a periodic basis without regard to the
date the health care services are provided and which is fixed
without regard to the frequency, extent, or kind of health service actually provided; and (iii) provides physicians' services
primarily (A) directly through physicians who are either
employees or partners of such organization, or (B) through
arrangements with individual physicians or one or more
groups of physicians (organized on a group practice or individual practice basis).
(8) "Health services" means clinically related (i.e., preventive, diagnostic, curative, rehabilitative, or palliative) services and includes alcoholism, drug abuse, and mental health
services and as defined in federal law.
(9) "Health service area" means a geographic region
appropriate for effective health planning which includes a
broad range of health services.
(10) "Person" means an individual, a trust or estate, a
partnership, a corporation (including associations, joint stock
companies, and insurance companies), the state, or a political
subdivision or instrumentality of the state, including a municipal corporation or a hospital district.
(11) "Provider" generally means a health care professional or an organization, institution, or other entity providing health care but the precise definition for this term shall be
established by rule of the department, consistent with federal
law.
(12) "Public health" means the level of well-being of the
general population; those actions in a community necessary
to preserve, protect, and promote the health of the people for
which government is responsible; and the governmental system developed to guarantee the preservation of the health of
the people.
(2004 Ed.)
Health Planning and Development
(13) "Secretary" means the secretary of health or the secretary's designee.
(14) "Tertiary health service" means a specialized service that meets complicated medical needs of people and
requires sufficient patient volume to optimize provider effectiveness, quality of service, and improved outcomes of care.
(15) "Hospital" means any health care institution which
is required to qualify for a license under *RCW 70.41.020(2);
or as a psychiatric hospital under chapter 71.12 RCW. [2000
c 175 § 22; 1997 c 210 § 2; 1991 c 158 § 1; 1989 1st ex.s. c 9
§ 602; 1988 c 20 § 1; 1983 1st ex.s. c 41 § 43; 1983 c 235 §
2; 1982 c 119 § 1; 1980 c 139 § 2; 1979 ex.s. c 161 § 2.]
*Reviser's note: RCW 70.41.020 was amended by 2002 c 116 § 2,
changing subsection (2) to subsection (4).
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
70.38.095
70.38.095 Public disclosure. Public accessibility to
records shall be accorded by health systems agencies pursuant to Public Law 93-641 and RCW 42.17.250 through
42.17.340. A health systems agency shall be considered a
"public agency" for the sole purpose of complying with the
"Open Public Meetings Act of 1971", chapter 42.30 RCW.
[1979 ex.s. c 161 § 9.]
70.38.105
70.38.105 Health services and facilities requiring certificate of need—Fees. (1) The department is authorized and
directed to implement the certificate of need program in this
state pursuant to the provisions of this chapter.
(2) There shall be a state certificate of need program
which is administered consistent with the requirements of
federal law as necessary to the receipt of federal funds by the
state.
(3) No person shall engage in any undertaking which is
subject to certificate of need review under subsection (4) of
this section without first having received from the department
either a certificate of need or an exception granted in accordance with this chapter.
(4) The following shall be subject to certificate of need
review under this chapter:
(a) The construction, development, or other establishment of a new health care facility;
(b) The sale, purchase, or lease of part or all of any existing hospital as defined in RCW 70.38.025;
(c) Any capital expenditure for the construction, renovation, or alteration of a nursing home which substantially
changes the services of the facility after January 1, 1981, provided that the substantial changes in services are specified by
the department in rule;
(d) Any capital expenditure for the construction, renovation, or alteration of a nursing home which exceeds the
expenditure minimum as defined by RCW 70.38.025. However, a capital expenditure which is not subject to certificate
of need review under (a), (b), (c), or (e) of this subsection and
which is solely for any one or more of the following is not
subject to certificate of need review:
(i) Communications and parking facilities;
(ii) Mechanical, electrical, ventilation, heating, and air
conditioning systems;
(iii) Energy conservation systems;
(2004 Ed.)
70.38.105
(iv) Repairs to, or the correction of, deficiencies in existing physical plant facilities which are necessary to maintain
state licensure, however, other additional repairs, remodeling, or replacement projects that are not related to one or
more deficiency citations and are not necessary to maintain
state licensure are not exempt from certificate of need review
except as otherwise permitted by (d)(vi) of this subsection or
RCW 70.38.115(13);
(v) Acquisition of equipment, including data processing
equipment, which is not or will not be used in the direct provision of health services;
(vi) Construction or renovation at an existing nursing
home which involves physical plant facilities, including
administrative, dining areas, kitchen, laundry, therapy areas,
and support facilities, by an existing licensee who has operated the beds for at least one year;
(vii) Acquisition of land; and
(viii) Refinancing of existing debt;
(e) A change in bed capacity of a health care facility
which increases the total number of licensed beds or redistributes beds among acute care, nursing home care, and
boarding home care if the bed redistribution is to be effective
for a period in excess of six months, or a change in bed capacity of a rural health care facility licensed under RCW
70.175.100 that increases the total number of nursing home
beds or redistributes beds from acute care or boarding home
care to nursing home care if the bed redistribution is to be
effective for a period in excess of six months. A health care
facility certified as a critical access hospital under 42 U.S.C.
1395i-4 may increase its total number of licensed beds to the
total number of beds permitted under 42 U.S.C. 1395i-4 for
acute care and may redistribute beds permitted under 42
U.S.C. 1395i-4 among acute care and nursing home care
without being subject to certificate of need review. If there is
a nursing home licensed under chapter 18.51 RCW within
twenty-seven miles of the critical access hospital, the critical
access hospital is subject to certificate of need review except
for:
(i) Critical access hospitals which had designated beds to
provide nursing home care, in excess of five swing beds,
prior to December 31, 2003; or
(ii) Up to five swing beds.
Critical access hospital beds not subject to certificate of
need review under this subsection (4)(e) will not be counted
as either acute care or nursing home care for certificate of
need review purposes. If a health care facility ceases to be
certified as a critical access hospital under 42 U.S.C. 1395i-4,
the hospital may revert back to the type and number of
licensed hospital beds as it had when it requested critical
access hospital designation;
(f) Any new tertiary health services which are offered in
or through a health care facility or rural health care facility
licensed under RCW 70.175.100, and which were not offered
on a regular basis by, in, or through such health care facility
or rural health care facility within the twelve-month period
prior to the time such services would be offered;
(g) Any expenditure for the construction, renovation, or
alteration of a nursing home or change in nursing home services in excess of the expenditure minimum made in preparation for any undertaking under subsection (4) of this section
and any arrangement or commitment made for financing such
[Title 70 RCW—page 39]
70.38.111
Title 70 RCW: Public Health and Safety
undertaking. Expenditures of preparation shall include
expenditures for architectural designs, plans, working drawings, and specifications. The department may issue certificates of need permitting predevelopment expenditures, only,
without authorizing any subsequent undertaking with respect
to which such predevelopment expenditures are made; and
(h) Any increase in the number of dialysis stations in a
kidney disease center.
(5) The department is authorized to charge fees for the
review of certificate of need applications and requests for
exemptions from certificate of need review. The fees shall be
sufficient to cover the full cost of review and exemption,
which may include the development of standards, criteria,
and policies.
(6) No person may divide a project in order to avoid
review requirements under any of the thresholds specified in
this section. [2004 c 261 § 6; 1996 c 50 § 1; 1992 c 27 § 1;
1991 sp.s. c 8 § 4; 1989 1st ex.s. c 9 § 603; 1984 c 288 § 21;
1983 c 235 § 7; 1982 c 119 § 2; 1980 c 139 § 7; 1979 ex.s. c
161 § 10.]
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
Severability—1984 c 288: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 288 § 27.]
Effective date—1980 c 139: See RCW 70.38.916.
Effective dates—1979 ex.s. c 161: See RCW 70.38.915.
70.38.111
70.38.111 Certificates of need—Exemptions. (1) The
department shall not require a certificate of need for the offering of an inpatient tertiary health service by:
(a) A health maintenance organization or a combination
of health maintenance organizations if (i) the organization or
combination of organizations has, in the service area of the
organization or the service areas of the organizations in the
combination, an enrollment of at least fifty thousand individuals, (ii) the facility in which the service will be provided is
or will be geographically located so that the service will be
reasonably accessible to such enrolled individuals, and (iii) at
least seventy-five percent of the patients who can reasonably
be expected to receive the tertiary health service will be individuals enrolled with such organization or organizations in
the combination;
(b) A health care facility if (i) the facility primarily provides or will provide inpatient health services, (ii) the facility
is or will be controlled, directly or indirectly, by a health
maintenance organization or a combination of health maintenance organizations which has, in the service area of the
organization or service areas of the organizations in the combination, an enrollment of at least fifty thousand individuals,
(iii) the facility is or will be geographically located so that the
service will be reasonably accessible to such enrolled individuals, and (iv) at least seventy-five percent of the patients
who can reasonably be expected to receive the tertiary health
service will be individuals enrolled with such organization or
organizations in the combination; or
(c) A health care facility (or portion thereof) if (i) the
facility is or will be leased by a health maintenance organization or combination of health maintenance organizations
which has, in the service area of the organization or the service areas of the organizations in the combination, an enroll[Title 70 RCW—page 40]
ment of at least fifty thousand individuals and, on the date the
application is submitted under subsection (2) of this section,
at least fifteen years remain in the term of the lease, (ii) the
facility is or will be geographically located so that the service
will be reasonably accessible to such enrolled individuals,
and (iii) at least seventy-five percent of the patients who can
reasonably be expected to receive the tertiary health service
will be individuals enrolled with such organization;
if, with respect to such offering or obligation by a nursing
home, the department has, upon application under subsection
(2) of this section, granted an exemption from such requirement to the organization, combination of organizations, or
facility.
(2) A health maintenance organization, combination of
health maintenance organizations, or health care facility shall
not be exempt under subsection (1) of this section from
obtaining a certificate of need before offering a tertiary health
service unless:
(a) It has submitted at least thirty days prior to the offering of services reviewable under RCW 70.38.105(4)(d) an
application for such exemption; and
(b) The application contains such information respecting
the organization, combination, or facility and the proposed
offering or obligation by a nursing home as the department
may require to determine if the organization or combination
meets the requirements of subsection (1) of this section or the
facility meets or will meet such requirements; and
(c) The department approves such application. The
department shall approve or disapprove an application for
exemption within thirty days of receipt of a completed application. In the case of a proposed health care facility (or portion thereof) which has not begun to provide tertiary health
services on the date an application is submitted under this
subsection with respect to such facility (or portion), the facility (or portion) shall meet the applicable requirements of subsection (1) of this section when the facility first provides such
services. The department shall approve an application submitted under this subsection if it determines that the applicable requirements of subsection (1) of this section are met.
(3) A health care facility (or any part thereof) with
respect to which an exemption was granted under subsection
(1) of this section may not be sold or leased and a controlling
interest in such facility or in a lease of such facility may not
be acquired and a health care facility described in (1)(c)
which was granted an exemption under subsection (1) of this
section may not be used by any person other than the lessee
described in (1)(c) unless:
(a) The department issues a certificate of need approving
the sale, lease, acquisition, or use; or
(b) The department determines, upon application, that (i)
the entity to which the facility is proposed to be sold or
leased, which intends to acquire the controlling interest, or
which intends to use the facility is a health maintenance organization or a combination of health maintenance organizations which meets the requirements of (1)(a)(i), and (ii) with
respect to such facility, meets the requirements of (1)(a)(ii) or
(iii) or the requirements of (1)(b)(i) and (ii).
(4) In the case of a health maintenance organization, an
ambulatory care facility, or a health care facility, which
ambulatory or health care facility is controlled, directly or
indirectly, by a health maintenance organization or a combi(2004 Ed.)
Health Planning and Development
nation of health maintenance organizations, the department
may under the program apply its certificate of need requirements only to the offering of inpatient tertiary health services
and then only to the extent that such offering is not exempt
under the provisions of this section.
(5)(a) The department shall not require a certificate of
need for the construction, development, or other establishment of a nursing home, or the addition of beds to an existing
nursing home, that is owned and operated by a continuing
care retirement community that:
(i) Offers services only to contractual members;
(ii) Provides its members a contractually guaranteed
range of services from independent living through skilled
nursing, including some assistance with daily living activities;
(iii) Contractually assumes responsibility for the cost of
services exceeding the member's financial responsibility
under the contract, so that no third party, with the exception
of insurance purchased by the retirement community or its
members, but including the medicaid program, is liable for
costs of care even if the member depletes his or her personal
resources;
(iv) Has offered continuing care contracts and operated a
nursing home continuously since January 1, 1988, or has
obtained a certificate of need to establish a nursing home;
(v) Maintains a binding agreement with the state assuring that financial liability for services to members, including
nursing home services, will not fall upon the state;
(vi) Does not operate, and has not undertaken a project
that would result in a number of nursing home beds in excess
of one for every four living units operated by the continuing
care retirement community, exclusive of nursing home beds;
and
(vii) Has obtained a professional review of pricing and
long-term solvency within the prior five years which was
fully disclosed to members.
(b) A continuing care retirement community shall not be
exempt under this subsection from obtaining a certificate of
need unless:
(i) It has submitted an application for exemption at least
thirty days prior to commencing construction of, is submitting an application for the licensure of, or is commencing
operation of a nursing home, whichever comes first; and
(ii) The application documents to the department that the
continuing care retirement community qualifies for exemption.
(c) The sale, lease, acquisition, or use of part or all of a
continuing care retirement community nursing home that
qualifies for exemption under this subsection shall require
prior certificate of need approval to qualify for licensure as a
nursing home unless the department determines such sale,
lease, acquisition, or use is by a continuing care retirement
community that meets the conditions of (a) of this subsection.
(6) A rural hospital, as defined by the department, reducing the number of licensed beds to become a rural primary
care hospital under the provisions of Part A Title XVIII of the
Social Security Act Section 1820, 42 U.S.C., 1395c et seq.
may, within three years of the reduction of beds licensed
under chapter 70.41 RCW, increase the number of licensed
beds to no more than the previously licensed number without
being subject to the provisions of this chapter.
(2004 Ed.)
70.38.111
(7) A rural health care facility licensed under RCW
70.175.100 formerly licensed as a hospital under chapter
70.41 RCW may, within three years of the effective date of
the rural health care facility license, apply to the department
for a hospital license and not be subject to the requirements of
RCW 70.38.105(4)(a) as the construction, development, or
other establishment of a new hospital, provided there is no
increase in the number of beds previously licensed under
chapter 70.41 RCW and there is no redistribution in the number of beds used for acute care or long-term care, the rural
health care facility has been in continuous operation, and the
rural health care facility has not been purchased or leased.
(8)(a) A nursing home that voluntarily reduces the number of its licensed beds to provide assisted living, licensed
boarding home care, adult day care, adult day health, respite
care, hospice, outpatient therapy services, congregate meals,
home health, or senior wellness clinic, or to reduce to one or
two the number of beds per room or to otherwise enhance the
quality of life for residents in the nursing home, may convert
the original facility or portion of the facility back, and
thereby increase the number of nursing home beds to no more
than the previously licensed number of nursing home beds
without obtaining a certificate of need under this chapter,
provided the facility has been in continuous operation and
has not been purchased or leased. Any conversion to the original licensed bed capacity, or to any portion thereof, shall
comply with the same life and safety code requirements as
existed at the time the nursing home voluntarily reduced its
licensed beds; unless waivers from such requirements were
issued, in which case the converted beds shall reflect the conditions or standards that then existed pursuant to the
approved waivers.
(b) To convert beds back to nursing home beds under
this subsection, the nursing home must:
(i) Give notice of its intent to preserve conversion
options to the department of health no later than thirty days
after the effective date of the license reduction; and
(ii) Give notice to the department of health and to the
department of social and health services of the intent to convert beds back. If construction is required for the conversion
of beds back, the notice of intent to convert beds back must
be given, at a minimum, one year prior to the effective date of
license modification reflecting the restored beds; otherwise,
the notice must be given a minimum of ninety days prior to
the effective date of license modification reflecting the
restored beds. Prior to any license modification to convert
beds back to nursing home beds under this section, the licensee must demonstrate that the nursing home meets the certificate of need exemption requirements of this section.
The term "construction," as used in (b)(ii) of this subsection, is limited to those projects that are expected to equal or
exceed the expenditure minimum amount, as determined
under this chapter.
(c) Conversion of beds back under this subsection must
be completed no later than four years after the effective date
of the license reduction. However, for good cause shown, the
four-year period for conversion may be extended by the
department of health for one additional four-year period.
(d) Nursing home beds that have been voluntarily
reduced under this section shall be counted as available nursing home beds for the purpose of evaluating need under RCW
[Title 70 RCW—page 41]
70.38.115
Title 70 RCW: Public Health and Safety
70.38.115(2) (a) and (k) so long as the facility retains the
ability to convert them back to nursing home use under the
terms of this section.
(e) When a building owner has secured an interest in the
nursing home beds, which are intended to be voluntarily
reduced by the licensee under (a) of this subsection, the applicant shall provide the department with a written statement
indicating the building owner's approval of the bed reduction.
[1997 c 210 § 1; 1995 1st sp.s. c 18 § 71; 1993 c 508 § 5; 1992
c 27 § 2; 1991 c 158 § 2; 1989 1st ex.s. c 9 § 604; 1982 c 119
§ 3; 1980 c 139 § 9.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Section captions—Severability—Effective date—1993 c 508: See
RCW 74.39A.900 through 74.39A.903.
70.38.115
70.38.115 Certificates of need—Procedures—
Rules—Criteria for review—Conditional certificates of
need—Concurrent review—Review periods—Hearing—
Adjudicative proceeding—Amended certificates of need.
(1) Certificates of need shall be issued, denied, suspended, or
revoked by the designee of the secretary in accord with the
provisions of this chapter and rules of the department which
establish review procedures and criteria for the certificate of
need program.
(2) Criteria for the review of certificate of need applications, except as provided in subsection (3) of this section for
health maintenance organizations, shall include but not be
limited to consideration of the following:
(a) The need that the population served or to be served by
such services has for such services;
(b) The availability of less costly or more effective alternative methods of providing such services;
(c) The financial feasibility and the probable impact of
the proposal on the cost of and charges for providing health
services in the community to be served;
(d) In the case of health services to be provided, (i) the
availability of alternative uses of project resources for the
provision of other health services, (ii) the extent to which
such proposed services will be accessible to all residents of
the area to be served, and (iii) the need for and the availability
in the community of services and facilities for osteopathic
physicians and surgeons and allopathic physicians and their
patients. The department shall consider the application in
terms of its impact on existing and proposed institutional
training programs for doctors of osteopathic medicine and
surgery and medicine at the student, internship, and residency
training levels;
(e) In the case of a construction project, the costs and
methods of the proposed construction, including the cost and
methods of energy provision, and the probable impact of the
construction project reviewed (i) on the cost of providing
health services by the person proposing such construction
project and (ii) on the cost and charges to the public of providing health services by other persons;
(f) The special needs and circumstances of osteopathic
hospitals, nonallopathic services and children's hospitals;
(g) Improvements or innovations in the financing and
delivery of health services which foster cost containment and
serve to promote quality assurance and cost-effectiveness;
[Title 70 RCW—page 42]
(h) In the case of health services proposed to be provided, the efficiency and appropriateness of the use of existing services and facilities similar to those proposed;
(i) In the case of existing services or facilities, the quality
of care provided by such services or facilities in the past;
(j) In the case of hospital certificate of need applications,
whether the hospital meets or exceeds the regional average
level of charity care, as determined by the secretary; and
(k) In the case of nursing home applications:
(i) The availability of other nursing home beds in the
planning area to be served; and
(ii) The availability of other services in the community to
be served. Data used to determine the availability of other
services will include but not be limited to data provided by
the department of social and health services.
(3) A certificate of need application of a health maintenance organization or a health care facility which is controlled, directly or indirectly, by a health maintenance organization, shall be approved by the department if the department
finds:
(a) Approval of such application is required to meet the
needs of the members of the health maintenance organization
and of the new members which such organization can reasonably be expected to enroll; and
(b) The health maintenance organization is unable to
provide, through services or facilities which can reasonably
be expected to be available to the organization, its health services in a reasonable and cost-effective manner which is consistent with the basic method of operation of the organization
and which makes such services available on a long-term basis
through physicians and other health professionals associated
with it.
A health care facility, or any part thereof, with respect to
which a certificate of need was issued under this subsection
may not be sold or leased and a controlling interest in such
facility or in a lease of such facility may not be acquired
unless the department issues a certificate of need approving
the sale, acquisition, or lease.
(4) Until the final expiration of the state health plan as
provided under RCW 70.38.919, the decision of the department on a certificate of need application shall be consistent
with the state health plan in effect, except in emergency circumstances which pose a threat to the public health. The
department in making its final decision may issue a conditional certificate of need if it finds that the project is justified
only under specific circumstances. The conditions shall
directly relate to the project being reviewed. The conditions
may be released if it can be substantiated that the conditions
are no longer valid and the release of such conditions would
be consistent with the purposes of this chapter.
(5) Criteria adopted for review in accordance with subsection (2) of this section may vary according to the purpose
for which the particular review is being conducted or the type
of health service reviewed.
(6) The department shall specify information to be
required for certificate of need applications. Within fifteen
days of receipt of the application, the department shall
request additional information considered necessary to the
application or start the review process. Applicants may
decline to submit requested information through written
notice to the department, in which case review starts on the
(2004 Ed.)
Health Planning and Development
date of receipt of the notice. Applications may be denied or
limited because of failure to submit required and necessary
information.
(7) Concurrent review is for the purpose of comparative
analysis and evaluation of competing or similar projects in
order to determine which of the projects may best meet identified needs. Categories of projects subject to concurrent
review include at least new health care facilities, new services, and expansion of existing health care facilities. The
department shall specify time periods for the submission of
applications for certificates of need subject to concurrent
review, which shall not exceed ninety days. Review of concurrent applications shall start fifteen days after the conclusion of the time period for submission of applications subject
to concurrent review. Concurrent review periods shall be limited to one hundred fifty days, except as provided for in rules
adopted by the department authorizing and limiting amendment during the course of the review, or for an unresolved
pivotal issue declared by the department.
(8) Review periods for certificate of need applications
other than those subject to concurrent review shall be limited
to ninety days. Review periods may be extended up to thirty
days if needed by a review agency, and for unresolved pivotal
issues the department may extend up to an additional thirty
days. A review may be extended in any case if the applicant
agrees to the extension.
(9) The department or its designee, shall conduct a public
hearing on a certificate of need application if requested unless
the review is expedited or subject to emergency review. The
department by rule shall specify the period of time within
which a public hearing must be requested and requirements
related to public notice of the hearing, procedures, recordkeeping and related matters.
(10)(a) Any applicant denied a certificate of need or
whose certificate of need has been suspended or revoked has
the right to an adjudicative proceeding. The proceeding is
governed by chapter 34.05 RCW, the Administrative Procedure Act.
(b) Any health care facility or health maintenance organization that: (i) Provides services similar to the services provided by the applicant and under review pursuant to this subsection; (ii) is located within the applicant's health service
area; and (iii) testified or submitted evidence at a public hearing held pursuant to subsection (9) of this section, shall be
provided an opportunity to present oral or written testimony
and argument in a proceeding under this subsection: PROVIDED, That the health care facility or health maintenance
organization had, in writing, requested to be informed of the
department's decisions.
(c) If the department desires to settle with the applicant
prior to the conclusion of the adjudicative proceeding, the
department shall so inform the health care facility or health
maintenance organization and afford them an opportunity to
comment, in advance, on the proposed settlement.
(11) An amended certificate of need shall be required for
the following modifications of an approved project:
(a) A new service requiring review under this chapter;
(b) An expansion of a service subject to review beyond
that originally approved;
(c) An increase in bed capacity;
(2004 Ed.)
70.38.115
(d) A significant reduction in the scope of a nursing
home project without a commensurate reduction in the cost
of the nursing home project, or a cost increase (as represented
in bids on a nursing home construction project or final cost
estimates acceptable to the person to whom the certificate of
need was issued) if the total of such increases exceeds twelve
percent or fifty thousand dollars, whichever is greater, over
the maximum capital expenditure approved. The review of
reductions or cost increases shall be restricted to the continued conformance of the nursing home project with the review
criteria pertaining to financial feasibility and cost containment.
(12) An application for a certificate of need for a nursing
home capital expenditure which is determined by the department to be required to eliminate or prevent imminent safety
hazards or correct violations of applicable licensure and
accreditation standards shall be approved.
(13)(a) Replacement of existing nursing home beds in
the same planning area by an existing licensee who has operated the beds for at least one year shall not require a certificate of need under this chapter. The licensee shall give written notice of its intent to replace the existing nursing home
beds to the department and shall provide the department with
information as may be required pursuant to rule. Replacement of the beds by a party other than the licensee is subject
to certificate of need review under this chapter, except as otherwise permitted by subsection (14) of this section.
(b) When an entire nursing home ceases operation, the
licensee or any other party who has secured an interest in the
beds may reserve his or her interest in the beds for eight years
or until a certificate of need to replace them is issued, whichever occurs first. However, the nursing home, licensee, or any
other party who has secured an interest in the beds must give
notice of its intent to retain the beds to the department of
health no later than thirty days after the effective date of the
facility's closure. Certificate of need review shall be required
for any party who has reserved the nursing home beds except
that the need criteria shall be deemed met when the applicant
is the licensee who had operated the beds for at least one year,
who has operated the beds for at least one year immediately
preceding the reservation of the beds, and who is replacing
the beds in the same planning area.
(14) In the event that a licensee, who has provided the
department with notice of his or her intent to replace nursing
home beds under subsection (13)(a) of this section, engages
in unprofessional conduct or becomes unable to practice with
reasonable skill and safety by reason of mental or physical
condition, pursuant to chapter 18.130 RCW, or dies, the
building owner shall be permitted to complete the nursing
home bed replacement project, provided the building owner
has secured an interest in the beds. [1996 c 178 § 22; 1995
1st sp.s. c 18 § 72; 1993 c 508 § 6. Prior: 1989 1st ex.s. c 9 §
605; 1989 c 175 § 126; 1984 c 288 § 22; 1983 c 235 § 8; 1980
c 139 § 8; 1979 ex.s. c 161 § 11.]
Effective date—1996 c 178: See note following RCW 18.35.110.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Section captions—Severability—Effective date—1993 c 508: See
RCW 74.39A.900 through 74.39A.903.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1984 c 288: See note following RCW 70.38.105.
[Title 70 RCW—page 43]
70.38.118
Title 70 RCW: Public Health and Safety
Effective date—1980 c 139: See RCW 70.38.916.
Effective date—1980 c 139: See RCW 70.38.916.
Effective dates—1979 ex.s. c 161: See RCW 70.38.915.
Effective date—1979 ex.s. c 161: See RCW 70.38.915.
70.38.118 Certificates of need—Applications submitted by hospice agencies. All certificate of need applications
submitted by hospice agencies for the construction, development, or other establishment of a facility to be licensed as
either a hospital under chapter 70.41 RCW or as a nursing
home under chapter 18.51 RCW, for the purpose of operating
the functional equivalent of a hospice care center shall not
require a separate certificate of need for a hospice care center
provided the certificate of need application was declared
complete prior to July 1, 2001, the applicant has been issued
a certificate of need, and has applied for and received an inhome services agency license by July 1, 2002. [2000 c 175 §
23.]
70.38.118
Effective date—2000 c 175: See note following RCW 70.127.010.
70.38.125 Certificates of need—Issuance—Duration—Penalties for violations. (1) A certificate of need
shall be valid for two years. One six-month extension may be
made if it can be substantiated that substantial and continuing
progress toward commencement of the project has been made
as defined by regulations to be adopted pursuant to this chapter.
(2) A project for which a certificate of need has been
issued shall be commenced during the validity period for the
certificate of need.
(3) The department shall monitor the approved projects
to assure conformance with certificates of need that have
been issued. Rules and regulations adopted shall specify
when changes in the project require reevaluation of the
project. The department may require applicants to submit
periodic progress reports on approved projects or other information as may be necessary to effectuate its monitoring
responsibilities.
(4) The secretary, in the case of a new health facility,
shall not issue any license unless and until a prior certificate
of need shall have been issued by the department for the
offering or development of such new health facility.
(5) Any person who engages in any undertaking which
requires certificate of need review without first having
received from the department either a certificate of need or an
exception granted in accordance with this chapter shall be liable to the state in an amount not to exceed one hundred dollars a day for each day of such unauthorized offering or
development. Such amounts of money shall be recoverable in
an action brought by the attorney general on behalf of the
state in the superior court of any county in which the unauthorized undertaking occurred. Any amounts of money so
recovered by the attorney general shall be deposited in the
state general fund.
(6) The department may bring any action to enjoin a violation or the threatened violation of the provisions of this
chapter or any rules and regulations adopted pursuant to this
chapter, or may bring any legal proceeding authorized by
law, including but not limited to the special proceedings
authorized in Title 7 RCW, in the superior court in the county
in which such violation occurs or is about to occur, or in the
superior court of Thurston county. [1989 1st ex.s. c 9 § 606;
1983 c 235 § 9; 1980 c 139 § 10; 1979 ex.s. c 161 § 12.]
70.38.125
[Title 70 RCW—page 44]
70.38.135 Services and surveys—Rules. The secretary
shall have authority to:
(1) Provide when needed temporary or intermittent services of experts or consultants or organizations thereof, by
contract, when such services are to be performed on a part
time or fee-for-service basis;
(2) Make or cause to be made such on-site surveys of
health care or medical facilities as may be necessary for the
administration of the certificate of need program;
(3) Upon review of recommendations, if any, from the
board of health:
(a) Promulgate rules under which health care facilities
providers doing business within the state shall submit to the
department such data related to health and health care as the
department finds necessary to the performance of its functions under this chapter;
(b) Promulgate rules pertaining to the maintenance and
operation of medical facilities which receive federal assistance under the provisions of Title XVI;
(c) Promulgate rules in implementation of the provisions
of this chapter, including the establishment of procedures for
public hearings for predecisions and post-decisions on applications for certificate of need;
(d) Promulgate rules providing circumstances and procedures of expedited certificate of need review if there has not
been a significant change in existing health facilities of the
same type or in the need for such health facilities and services;
(4) Grant allocated state funds to qualified entities, as
defined by the department, to fund not more than seventyfive percent of the costs of regional planning activities,
excluding costs related to review of applications for certificates of need, provided for in this chapter or approved by the
department; and
(5) Contract with and provide reasonable reimbursement
for qualified entities to assist in determinations of certificates
of need. [1989 1st ex.s. c 9 § 607; 1983 c 235 § 10; 1979 ex.s.
c 161 § 13.]
70.38.135
70.38.155 Certificates of need—Savings—1979 ex.s. c
161. The enactment of this chapter shall not have the effect
of terminating, or in any way modifying the validity of any
certificate of need which shall already have been issued prior
to *the effective date of this act. [1979 ex.s. c 161 § 15.]
70.38.155
*Reviser's note: For "the effective date of this act," see RCW
70.38.915.
70.38.156 Certificates of need—Savings—1980 c 139.
The enactment of this chapter as amended shall not have the
effect of terminating, or in any way modifying the validity of
any certificate of need which shall already have been issued
prior to *the effective date of this 1980 act. [1980 c 139 §
11.]
70.38.156
*Reviser's note: For "the effective date of this 1980 act," see RCW
70.38.916.
70.38.157 Certificates of need—Savings—1983 c 235.
The enactment of amendments to chapter 70.38 RCW by
70.38.157
(2004 Ed.)
Health Planning and Development
chapter 235, Laws of 1983 shall not have the effect of terminating or in any way modifying the validity of a certificate of
need which was issued prior to *the effective date of this
1983 act. [1983 c 235 § 11.]
*Reviser's note: "the effective date of this 1983 act" [1983 c 235] for
sections 16 and 17 of that act was May 17, 1983. For all other sections of that
act the effective date was July 24, 1983.
70.38.158
70.38.158 Certificates of need—Savings—1989 1st
ex.s. c 9 §§ 601 through 607. The enactment of *sections
601 through 607 of this act shall not have the effect of terminating, or in any way modifying, the validity of any certificate of need which shall already have been issued prior to
July 1, 1989. [1989 1st ex.s. c 9 § 608.]
*Reviser's note: "Sections 601 through 607 of this act" consist of the
1989 1st ex.s. c 9 amendments to RCW 70.38.015, 70.38.025, 70.38.105,
70.38.111, 70.38.115, 70.38.125, and 70.38.135.
70.38.220
70.38.220 Ethnic minorities—Nursing home beds
that reflect cultural differences. (1) The legislature recognizes that in this state ethnic minorities currently use nursing
home care at a lower rate than the general population. The
legislature also recognizes and supports the federal mandate
that nursing homes receiving federal funds provide residents
with a homelike environment. The legislature finds that certain ethnic minorities have special cultural, language, dietary,
and other needs not generally met by existing nursing homes
which are intended to serve the general population. Accordingly, the legislature further finds that there is a need to foster
the development of nursing homes designed to serve the special cultural, language, dietary, and other needs of ethnic
minorities.
(2) The department shall establish a separate pool of no
more than two hundred fifty beds for nursing homes designed
to serve the special needs of ethnic minorities. The pool shall
be made up of nursing home beds that become available on or
after March 15, 1991, due to:
(a) Loss of license or reduction in licensed bed capacity
if the beds are not otherwise obligated for replacement; or
(b) Expiration of a certificate of need.
(3) The department shall develop procedures for the fair
and efficient award of beds from the special pool. In making
its decisions regarding the award of beds from the pool, the
department shall consider at least the following:
(a) The relative degree to which the long-term care needs
of an ethnic minority are not otherwise being met;
(b) The percentage of low-income persons who would be
served by the proposed nursing home;
(c) The financial feasibility of the proposed nursing
home; and
(d) The impact of the proposal on the area's total need for
nursing home beds.
(4) To be eligible to apply for or receive an award of
beds from the special pool, an application must be to build a
new nursing home, or add beds to a nursing home, that:
(a) Will be owned and operated by a nonprofit corporation, and at least fifty percent of the board of directors of the
corporation are members of the ethnic minority the nursing
home is intended to serve;
(2004 Ed.)
70.38.250
(b) Will be designed, managed, and administered to
serve the special cultural, language, dietary, and other needs
of an ethnic minority; and
(c) Will not discriminate in admissions against persons
who are not members of the ethnic minority whose special
needs the nursing home is designed to serve.
(5) If a nursing home or portion of a nursing home that is
built as a result of an award from the special pool is sold or
leased within ten years to a party not eligible under subsection (4) of this section:
(a) The purchaser or lessee may not operate those beds as
nursing home beds without first obtaining a certificate of
need for new beds under this chapter; and
(b) The beds that had been awarded from the special pool
shall be returned to the special pool.
(6) The department shall initially award up to one hundred beds before that number of beds are actually in the special pool, provided that the number of beds so awarded are
subtracted from the total of two hundred fifty beds that can be
awarded from the special pool. [1991 c 271 § 1.]
70.38.230
70.38.230 Residential hospice care centers—
Defined—Change in bed capacity—Applicability of chapter. (1) A change in bed capacity at a residential hospice care
center shall not be subject to certificate of need review under
this chapter if the department determined prior to June 1994
that the construction, development, or other establishment of
the residential hospice care center was not subject to certificate of need review under this chapter.
(2) For purposes of this section, a "residential hospice
care center" means any building, facility, place, or equivalent
that opened in December 1996 and is organized, maintained,
and operated specifically to provide beds, accommodations,
facilities, and services over a continuous period of twentyfour hours or more for palliative care of two or more individuals, not related to the operator, who are diagnosed as being
in the latter stages of an advanced disease that is expected to
lead to death. [1998 c 322 § 50.]
Severability—1998 c 322: See RCW 74.46.907.
70.38.250
70.38.250 Redistribution and addition of beds—
Determination. (1) The need for projects identified in
*RCW 70.38.240 shall be determined using the individual
planning area's estimated nursing home bed need ratio and
includes but is not limited to the following criteria:
(a) The current capacity of nursing homes and other
long-term care services;
(b) The occupancy rates of nursing homes and other
long-term care services over the previous two-year period;
and
(c) The ability of the other long-term care services to
serve all people regardless of payor source.
(2) For the purposes of this section, nursing home beds
include long-term care units or distinct part long-term care
units located in a hospital that is licensed under chapter 70.41
RCW. [1999 c 376 § 2.]
*Reviser's note: RCW 70.38.240 expired June 30, 2004.
Effective date—1999 c 376: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999."
[1999 c 376 § 4.]
[Title 70 RCW—page 45]
70.38.905
Title 70 RCW: Public Health and Safety
70.38.905 Conflict with federal law—Construction.
In any case where the provisions of this chapter may directly
conflict with federal law, or regulations promulgated thereunder, the federal law shall supersede and be paramount as
necessary to the receipt of federal funds by the state. [1983 c
235 § 12; 1979 ex.s. c 161 § 16.]
70.38.905
which was submitted and declared complete, but upon which
final action had not been taken prior to July 1, 1989, shall be
reviewed and action taken based on chapter 70.38 RCW, as in
effect prior to July 1, 1989, and the rules adopted thereunder.
[1989 1st ex.s. c 9 § 609.]
70.38.919 Effective date—State health plan—1989
1st ex.s. c 9. For the purpose of supporting the certificate of
need process, the state health plan developed in accordance
with *RCW 70.38.065 and in effect on July 1, 1989, shall
remain effective until June 30, 1990, or until superseded by
rules adopted by the department of health for this purpose.
The governor may amend the state health plan, as the governor finds appropriate, until the final expiration of the plan.
[1989 1st ex.s. c 9 § 610.]
70.38.919
70.38.910 Severability—1983 c 235; 1979 ex.s. c 161.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the
chapter or the application of the provision to other persons or
circumstances is not affected. [1983 c 235 § 13; 1979 ex.s. c
161 § 17.]
70.38.910
70.38.911 Severability—1980 c 139. If any provision
of this 1980 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1980 c 139 § 12.]
70.38.911
70.38.912 Severability—1989 1st ex.s. c 9. See RCW
43.70.920.
70.38.912
*Reviser's note: RCW 70.38.065 was repealed by 1989 1st ex.s. c 9 §
819, effective July 1, 1989.
70.38.920 Short title. This act may be cited as the
"State Health Planning and Resources Development Act".
[1979 ex.s. c 161 § 22.]
70.38.920
Chapter 70.40 RCW
HOSPITAL AND MEDICAL FACILITIES SURVEY
AND CONSTRUCTION ACT
Chapter 70.40
70.38.914 Pending certificates of need—1983 c 235.
A certificate of need application which was submitted and
declared complete, but upon which final action had not been
taken prior to *the effective date of this act, shall be reviewed
and action taken based on chapter 70.38 RCW, as in effect
prior to *the effective date of this act, and the rules adopted
thereunder. [1983 c 235 § 14.]
70.38.914
*Reviser's note: For "the effective date of this act," see note following
RCW 70.38.157.
70.38.915 Effective dates—Pending certificates of
need—1979 ex.s. c 161. (1) *Sections 10, 11, 12, and 21
shall take effect on January 1, 1980.
(2) Any certificate of need application which was submitted and declared complete, but upon which final action
had not been taken prior to January 1, 1980, shall be reviewed
and action taken based on chapter 70.38 RCW, as in effect
prior to **the effective date of this 1979 act, and the regulations adopted thereunder. [1979 ex.s. c 161 § 19.]
70.38.915
Reviser's note: *(1) Sections 10, 11, and 12 are codified as RCW
70.38.105, 70.38.115, and 70.38.125. Section 21 was a repealer which
repealed RCW 70.38.020, 70.38.110 through 70.38.190, and 70.38.210.
**(2) The effective date of those remaining sections of 1979 ex.s. c 161
which do not have a specific effective date indicated in this section is September 1, 1979.
70.38.916 Effective date—1980 c 139. *Sections 7, 8,
and 10 of this 1980 act shall take effect January 1, 1981.
[1980 c 139 § 14.]
70.38.916
Reviser's note: *(1) "Sections 7, 8, and 10 of this 1980 act" consist of
amendments to RCW 70.38.105, 70.38.115, and 70.38.125.
(2) The effective date of those remaining sections of 1980 c 139 is June
12, 1980.
Sections
70.40.005
70.40.010
70.40.020
70.40.030
70.40.040
70.40.060
70.40.070
70.40.080
70.40.090
70.40.100
70.40.110
70.40.120
70.40.130
70.40.140
70.40.150
70.40.900
Transfer of duties to the department of health.
Short title.
Definitions.
Section of hospital and medical facility survey and construction established—Duties.
General duties of the secretary.
Development of program for construction of facilities needed.
Distribution of facilities.
Federal funds—Application for—Deposit, use.
State plan—Publication—Hearing—Approval by surgeon
general—Modifications.
Plan shall provide for construction in order of relative needs.
Minimum standards for maintenance and operation.
Applications for construction projects—Diagnostic, treatment
centers.
Hearing—Approval.
Inspection of project under construction—Certification as to
federal funds due.
Hospital and medical facility construction fund—Deposits,
use.
Severability—1949 c 197.
70.40.005 Transfer of duties to the department of
health. The powers and duties of the department of social
and health services and the secretary of social and health services under this chapter shall be performed by the department
of health and the secretary of health. [1989 1st ex.s. c 9 §
248.]
70.40.005
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
See
70.40.010 Short title. This chapter may be cited as the
"Washington Hospital and Medical Facilities Survey and
Construction Act." [1959 c 252 § 1; 1949 c 197 § 1; Rem.
Supp. 1949 § 6090-60.]
70.38.918 Effective dates—Pending certificates of
need—1989 1st ex.s. c 9. Any certificate of need application
70.40.020 Definitions. As used in this chapter:
(1) "Secretary" means the secretary of the state department of health;
70.38.917 Effective date—1989 1st ex.s. c 9.
RCW 43.70.910.
70.38.917
70.40.010
70.40.020
70.38.918
[Title 70 RCW—page 46]
(2004 Ed.)
Hospital and Medical Facilities Survey and Construction Act
(2) "The federal act" means Title VI of the public health
service act, as amended, or as hereafter amended by congress;
(3) "The surgeon general" means the surgeon general of
the public health service of the United States;
(4) "Hospital" includes public health centers and general,
tuberculosis, mental, chronic disease, and other types of hospitals, and related facilities, such as laboratories, outpatient
departments, nurses' home and training facilities, and central
service facilities operated in connection with hospitals;
(5) "Public health center" means a publicly owned facility for the provision of public health services, including
related facilities such as laboratories, clinics, and administrative offices operated in connection with public health centers;
(6) "Nonprofit hospital" and "nonprofit medical facility"
means any hospital or medical facility owned and operated
by a corporation or association, no part of the net earnings of
which inures, or may lawfully inure, to the benefit of any private shareholder or individual;
(7) "Medical facilities" means diagnostic or diagnostic
and treatment centers, rehabilitation facilities and nursing
homes as those terms are defined in the federal act. [1991 c 3
§ 331; 1979 c 141 § 96; 1959 c 252 § 2; 1949 c 197 § 2; Rem.
Supp. 1949 § 6090-61.]
70.40.030
70.40.030 Section of hospital and medical facility survey and construction established—Duties. There is hereby
established in the state department of health a "section of hospital and medical facility survey and construction" which
shall be administered by a full time salaried head under the
supervision and direction of the secretary. The state department of health, through such section, shall constitute the sole
agency of the state for the purpose of:
(1) Making an inventory of existing hospitals and medical facilities, surveying the need for construction of hospitals
and medical facilities, and developing a program of hospital
and medical facility construction; and
(2) Developing and administering a state plan for the
construction of public and other nonprofit hospitals and medical facilities as provided in this chapter. [1991 c 3 § 332;
1979 c 141 § 97; 1959 c 252 § 3; 1949 c 197 § 3; Rem. Supp.
1949 § 6090-62.]
70.40.040
70.40.040 General duties of the secretary. In carrying
out the purposes of the chapter the secretary is authorized and
directed:
(1) To require such reports, make such inspections and
investigations and prescribe such regulations as he deems
necessary;
(2) To provide such methods of administration, appoint a
head and other personnel of the section and take such other
action as may be necessary to comply with the requirements
of the federal act and the regulations thereunder;
(3) To procure in his discretion the temporary or intermittent services of experts or consultants or organizations
thereof, by contract, when such services are to be performed
on a part time or fee for service basis and do not involve the
performance of administrative duties;
(4) To the extent that he considers desirable to effectuate
the purposes of this chapter, to enter into agreements for the
(2004 Ed.)
70.40.090
utilization of the facilities and services of other departments,
agencies, and institutions public or private;
(5) To accept on behalf of the state and to deposit with
the state treasurer, any grant, gift, or contribution made to
assist in meeting the cost of carrying out the purposes of this
chapter, and to expend the same for such purpose; and
(6) To make an annual report to the governor on activities pursuant to this chapter, including recommendations for
such additional legislation as the secretary considers appropriate to furnish adequate hospital and medical facilities to
the people of this state. [1979 c 141 § 98; 1977 c 75 § 83;
1959 c 252 § 4; 1949 c 197 § 4; Rem. Supp. 1949 § 6090-63.]
70.40.060
70.40.060 Development of program for construction
of facilities needed. The secretary is authorized and directed
to make an inventory of existing hospitals and medical facilities, including public nonprofit and proprietary hospitals and
medical facilities, to survey the need for construction of hospitals and medical facilities, and, on the basis of such inventory and survey, to develop a program for the construction of
such public and other nonprofit hospitals and medical facilities as will, in conjunction with existing facilities, afford the
necessary physical facilities for furnishing adequate hospital
and medical facility services to all the people of the state.
[1979 c 141 § 99; 1959 c 252 § 6; 1949 c 197 § 6; Rem. Supp.
1949 § 6090-65.]
70.40.070
70.40.070 Distribution of facilities. The construction
program shall provide, in accordance with regulations prescribed under the federal act, for adequate hospital and medical facilities for the people residing in this state and insofar
as possible shall provide for their distribution throughout the
state in such manner as to make all types of hospital and medical facility service reasonably accessible to all persons in the
state. [1959 c 252 § 7; 1949 c 197 § 7; Rem. Supp. 1949 §
6090-66.]
70.40.080
70.40.080 Federal funds—Application for—Deposit,
use. The secretary is authorized to make application to the
surgeon general for federal funds to assist in carrying out the
survey and planning activities herein provided. Such funds
shall be deposited with the state treasurer and shall be available to the secretary for expenditure in carrying out the purposes of this part. Any such funds received and not expended
for such purposes shall be repaid to the treasurer of the
United States. [1979 c 141 § 100; 1949 c 197 § 8; Rem.
Supp. 1949 § 6090-67.]
70.40.090
70.40.090 State plan—Publication—Hearing—
Approval by surgeon general—Modifications. The secretary shall prepare and submit to the surgeon general a state
plan which shall include the hospital and medical facility
construction program developed under this chapter and
which shall provide for the establishment, administration,
and operation of hospital and medical facility construction
activities in accordance with the requirements of the federal
act and the regulations thereunder. The secretary shall, prior
to the submission of such plan to the surgeon general, give
adequate publicity to a general description of all the provisions proposed to be included therein, and hold a public hear[Title 70 RCW—page 47]
70.40.100
Title 70 RCW: Public Health and Safety
ing at which all persons or organizations with a legitimate
interest in such plan may be given an opportunity to express
their views. After approval of the plan by the surgeon general, the secretary shall publish a general description of the
provisions thereof in at least one newspaper having general
circulation in the state, and shall make the plan, or a copy
thereof, available upon request to all interested persons or
organizations. The secretary shall from time to time review
the hospital and medical facility construction program and
submit to the surgeon general any modifications thereof
which he may find necessary and may submit to the surgeon
general such modifications of the state plan, not inconsistent
with the requirements of the federal act, as he may deem
advisable. [1979 c 141 § 101; 1959 c 252 § 8; 1949 c 197 §
9; Rem. Supp. 1949 § 6090-68.]
70.40.100
70.40.100 Plan shall provide for construction in
order of relative needs. The state plan shall set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed pursuant to the federal act, and provide for the construction, insofar as financial resources available therefor and
for maintenance and operations make possible, in the order of
such relative need. [1949 c 197 § 11; Rem. Supp. 1949 §
6090-70.]
70.40.110
70.40.110 Minimum standards for maintenance and
operation. The secretary shall by regulation prescribe minimum standards for the maintenance and operation of hospitals and medical facilities which receive federal aid for construction under the state plan. [1979 c 141 § 102; 1959 c 252
§ 9; 1949 c 197 § 10; Rem. Supp. 1949 § 6090-69.]
70.40.140
70.40.140 Inspection of project under construction—
Certification as to federal funds due. From time to time the
secretary shall inspect each construction project approved by
the surgeon general, and, if the inspection so warrants, the
secretary shall certify to the surgeon general that work has
been performed upon the project, or purchases have been
made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is
due to the applicant. [1979 c 141 § 105; 1949 c 197 § 14;
Rem. Supp. 1949 § 6090-73.]
70.40.150
70.40.150 Hospital and medical facility construction
fund—Deposits, use. The secretary is hereby authorized to
receive federal funds in behalf of, and transmit them to, such
applicants or to approve applicants for federal funds and
authorize the payment of such funds directly to such applicants as may be allowed by federal law. To achieve that end
there is hereby established, separate and apart from all public
moneys and funds of this state, a trust fund to be known as the
"hospital and medical facility construction fund", of which
the state treasurer shall ex officio be custodian. Moneys
received from the federal government for construction
projects approved by the surgeon general shall be deposited
to the credit of this fund, shall be used solely for payments
due applicants for work performed, or purchases made, in
carrying out approved projects. Vouchers covering all payments from the hospital and medical facility construction
fund shall be prepared by the department of health and shall
bear the signature of the secretary or his or her duly authorized agent for such purpose, and warrants therefor shall be
signed by the state treasurer. [1991 c 3 § 333; 1973 c 106 §
31; 1959 c 252 § 11; 1949 c 197 § 15; Rem. Supp. 1949 §
6090-74.]
70.40.900
70.40.120
70.40.120 Applications for construction projects—
Diagnostic, treatment centers. Applications for hospital
and medical facility construction projects for which federal
funds are requested shall be submitted to the secretary and
may be submitted by the state or any political subdivision
thereof or by any public or nonprofit agency authorized to
construct and operate a hospital or medical facility: PROVIDED, That except as may be permitted by federal law no
application for a diagnostic or treatment center shall be
approved unless the applicant is (1) a state, political subdivision, or public agency, or (2) a corporation or association
which owns and operates a nonprofit hospital. Each application for a construction project shall conform to federal and
state requirements. [1979 c 141 § 103; 1959 c 252 § 10; 1949
c 197 § 12; Rem. Supp. 1949 § 6090-71.]
70.40.130
70.40.130 Hearing—Approval. The secretary shall
afford to every applicant for a construction project an opportunity for a fair hearing. If the secretary, after affording reasonable opportunity for development and presentation of
applications in the order of relative need, finds that a project
application complies with the requirements of RCW
70.40.120 and is otherwise in conformity with the state plan,
he shall approve such application and shall recommend and
forward it to the surgeon general. [1979 c 141 § 104; 1949 c
197 § 13; Rem. Supp. 1949 § 6090-72.]
[Title 70 RCW—page 48]
70.40.900 Severability—1949 c 197. If any provision
of this chapter or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not
affect the provisions or applications of this chapter which can
be given effect without the invalid provision or application,
and to this end the provisions of the chapter are declared to be
severable. [1949 c 197 § 16; no RRS.]
Chapter 70.41 RCW
HOSPITAL LICENSING AND REGULATION
Chapter 70.41
Sections
70.41.005
70.41.010
70.41.020
70.41.030
70.41.040
70.41.045
70.41.080
70.41.090
70.41.100
70.41.110
70.41.120
70.41.122
Transfer of duties to the department of health.
Declaration of purpose.
Definitions.
Standards and rules.
Enforcement of chapter—Personnel—Merit system.
Hospital surveys or audits—Frequent problems to be posted
on agency web sites—Hospital evaluation of survey or audit,
form—Notice.
Fire protection.
Hospital license required—Certificate of need required.
Applications for licenses and renewals—Fees.
Licenses, provisional licenses—Issuance, duration, assignment, posting.
Inspection of hospitals—Alterations or additions, new facilities—Coordination with state and local agencies—Notice of
inspection.
Exemption from RCW 70.41.120 for hospitals accredited by
the joint commission on the accreditation of health care organizations or the American osteopathic association.
(2004 Ed.)
Hospital Licensing and Regulation
70.41.125
70.41.130
70.41.150
70.41.155
70.41.160
70.41.170
70.41.180
70.41.190
70.41.200
70.41.210
70.41.220
70.41.230
70.41.235
70.41.240
70.41.250
70.41.300
70.41.310
70.41.320
70.41.330
70.41.340
70.41.350
70.41.360
70.41.370
70.41.900
Hospital construction review process—Coordination with
state and local agencies.
Denial, suspension, revocation, modification of license—Procedure.
Denial, suspension, revocation of license—Disclosure of
information.
Duty to investigate patient well-being.
Remedies available to department—Duty of attorney general.
Operating or maintaining unlicensed hospital or unapproved
tertiary health service—Penalty.
Physicians' services.
Medical records of patients—Retention and preservation.
Quality improvement and medical malpractice prevention program—Quality improvement committee—Sanction and
grievance procedures—Information collection, reporting,
and sharing.
Duty to report restrictions on physicians' privileges based on
unprofessional conduct—Penalty.
Duty to keep records of restrictions on practitioners' privileges—Penalty.
Duty of hospital to request information on physicians granted
privileges.
Doctor of osteopathic medicine and surgery—Discrimination
based on board certification is prohibited.
Information regarding conversion of hospitals to nonhospital
health care facilities.
Cost disclosure to health care providers.
Long-term care—Definitions.
Long-term care—Program information to be provided to hospitals—Information on options to be provided to patients.
Long-term care—Patient discharge requirements for hospitals
and acute care facilities—Pilot projects.
Hospital complaint toll-free telephone number.
Investigation of hospital complaints—Rules.
Emergency care provided to victims of sexual assault—Development of informational materials on emergency contraception—Rules.
Emergency care provided to victims of sexual assault—
Department to respond to violations—Task force.
Investigation of complaints of violations concerning nursing
technicians.
Severability—1955 c 267.
Actions for negligence against hospitals, evidence and proof required to prevail: RCW 4.24.290.
Employment of dental hygienist without supervision of dentist authorized:
RCW 18.29.056.
Hospitals, hospital personnel, actions against, limitation of: RCW 4.16.350.
Identification of potential anatomical parts donors—Hospital procedures:
RCW 68.50.500.
Immunity from civil liability for certain types of medical care: RCW
4.24.300, 18.71.220.
Labor regulations, collective bargaining—Health care activities: Chapter
49.66 RCW.
Records of hospital committee or board, immunity from process: RCW
4.24.250.
Standards and procedures for hospital staff membership or privileges:
Chapter 70.43 RCW.
70.41.005
70.41.005 Transfer of duties to the department of
health. The powers and duties of the department of social
and health services under this chapter shall be performed by
the department of health. [1989 1st ex.s. c 9 § 249.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.41.010
70.41.010 Declaration of purpose. The primary purpose of this chapter is to promote safe and adequate care of
individuals in hospitals through the development, establishment and enforcement of minimum hospital standards for
maintenance and operation. To accomplish these purposes,
this chapter provides for:
(1) The licensing and inspection of hospitals;
(2004 Ed.)
70.41.020
(2) The establishment of a Washington state hospital
advisory council;
(3) The establishment by the department of standards,
rules and regulations for the construction, maintenance and
operation of hospitals;
(4) The enforcement by the department of the standards,
rules, and regulations established under this chapter. [1985 c
213 § 15; 1979 c 141 § 106; 1955 c 267 § 1.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.020
70.41.020 Definitions. Unless the context clearly indicates otherwise, the following terms, whenever used in this
chapter, shall be deemed to have the following meanings:
(1) "Department" means the Washington state department of health.
(2) "Emergency care to victims of sexual assault" means
medical examinations, procedures, and services provided by
a hospital emergency room to a victim of sexual assault following an alleged sexual assault.
(3) "Emergency contraception" means any health care
treatment approved by the food and drug administration that
prevents pregnancy, including but not limited to administering two increased doses of certain oral contraceptive pills
within seventy-two hours of sexual contact.
(4) "Hospital" means any institution, place, building, or
agency which provides accommodations, facilities and services over a continuous period of twenty-four hours or more,
for observation, diagnosis, or care, of two or more individuals
not related to the operator who are suffering from illness,
injury, deformity, or abnormality, or from any other condition for which obstetrical, medical, or surgical services would
be appropriate for care or diagnosis. "Hospital" as used in this
chapter does not include hotels, or similar places furnishing
only food and lodging, or simply domiciliary care; nor does it
include clinics, or physician's offices where patients are not
regularly kept as bed patients for twenty-four hours or more;
nor does it include nursing homes, as defined and which
come within the scope of chapter 18.51 RCW; nor does it
include birthing centers, which come within the scope of
chapter 18.46 RCW; nor does it include psychiatric hospitals,
which come within the scope of chapter 71.12 RCW; nor any
other hospital, or institution specifically intended for use in
the diagnosis and care of those suffering from mental illness,
mental retardation, convulsive disorders, or other abnormal
mental condition. Furthermore, nothing in this chapter or the
rules adopted pursuant thereto shall be construed as authorizing the supervision, regulation, or control of the remedial
care or treatment of residents or patients in any hospital conducted for those who rely primarily upon treatment by prayer
or spiritual means in accordance with the creed or tenets of
any well recognized church or religious denominations.
(5) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
and the legal successor thereof.
(6) "Secretary" means the secretary of health.
(7) "Sexual assault" has the same meaning as in RCW
70.125.030.
(8) "Victim of sexual assault" means a person who
alleges or is alleged to have been sexually assaulted and who
[Title 70 RCW—page 49]
70.41.030
Title 70 RCW: Public Health and Safety
presents as a patient. [2002 c 116 § 2; 1991 c 3 § 334; 1985
c 213 § 16; 1971 ex.s. c 189 § 8; 1955 c 267 § 2.]
Findings—2002 c 116: See note following RCW 70.41.350.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.030
70.41.030 Standards and rules. The department shall
establish and adopt such minimum standards and rules pertaining to the construction, maintenance, and operation of
hospitals, and rescind, amend, or modify such rules from time
to time, as are necessary in the public interest, and particularly for the establishment and maintenance of standards of
hospitalization required for the safe and adequate care and
treatment of patients. To the extent possible, the department
shall endeavor to make such minimum standards and rules
consistent in format and general content with the applicable
hospital survey standards of the joint commission on the
accreditation of health care organizations. The department
shall adopt standards that are at least equal to recognized
applicable national standards pertaining to medical gas piping systems. [1995 c 282 § 1; 1989 c 175 § 127; 1985 c 213
§ 17; 1971 ex.s. c 189 § 9; 1955 c 267 § 3.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.040
70.41.040 Enforcement of chapter—Personnel—
Merit system. The enforcement of the provisions of this
chapter and the standards, rules and regulations established
under this chapter, shall be the responsibility of the department which shall cooperate with the joint commission on the
accreditation of health care organizations. The department
shall advise on the employment of personnel and the personnel shall be under the merit system or its successor. [1995 c
282 § 3; 1985 c 213 § 18; 1955 c 267 § 4.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.045
70.41.045 Hospital surveys or audits—Frequent
problems to be posted on agency web sites—Hospital
evaluation of survey or audit, form—Notice. (1) Unless
the context clearly requires otherwise, the definitions in this
subsection apply throughout this section.
(a) "Agency" means a department of state government
created under RCW 43.17.010 and the office of the state
auditor.
(b) "Audit" means an examination of records or financial
accounts to evaluate accuracy and monitor compliance with
statutory or regulatory requirements.
(c) "Hospital" means a hospital licensed under chapter
70.41 RCW.
(d) "Survey" means an inspection, examination, or site
visit conducted by an agency to evaluate and monitor the
compliance of a hospital or hospital services or facilities with
statutory or regulatory requirements.
(2) By July 1, 2004, each state agency which conducts
hospital surveys or audits shall post to its agency web site a
list of the most frequent problems identified in its hospital
surveys or audits along with information on how to avoid or
address the identified problems, and a person within the
[Title 70 RCW—page 50]
agency that a hospital may contact with questions or for further assistance.
(3) By July 1, 2004, the department of health, in cooperation with other state agencies which conduct hospital surveys or audits, shall develop an instrument, to be provided to
every hospital upon completion of a state survey or audit,
which allows the hospital to anonymously evaluate the survey or audit process in terms of quality, efficacy, and the
extent to which it supported improved patient care and compliance with state law without placing an unnecessary administrative burden on the hospital. The evaluation may be
returned to the department of health for distribution to the
appropriate agency. The department of health shall annually
compile the evaluations in a report to the legislature.
(4) Except when responding to complaints or immediate
public health and safety concerns or when such prior notice
would conflict with other state or federal law, any state
agency that provides notice of a hospital survey or audit must
provide such notice to the hospital no less than four weeks
prior to the date of the survey or audit. [2004 c 261 § 2.]
70.41.080
70.41.080 Fire protection. Standards for fire protection and the enforcement thereof, with respect to all hospitals
to be licensed hereunder shall be the responsibility of the
chief of the Washington state patrol, through the director of
fire protection, who shall adopt, after approval by the department, such recognized standards as may be applicable to hospitals for the protection of life against the cause and spread of
fire and fire hazards. Such standards shall be consistent with
the standards adopted by the federal centers for medicare and
medicaid services for hospitals that care for medicare or medicaid beneficiaries. The department upon receipt of an application for a license, shall submit to the director of fire protection in writing, a request for an inspection, giving the applicant's name and the location of the premises to be licensed.
Upon receipt of such a request, the chief of the Washington
state patrol, through the director of fire protection, or his or
her deputy, shall make an inspection of the hospital to be
licensed, and if it is found that the premises do not comply
with the required safety standards and fire regulations as
adopted pursuant to this chapter, he or she shall promptly
make a written report to the hospital and to the department
listing the corrective actions required and the time allowed
for accomplishing such corrections. The applicant or licensee shall notify the chief of the Washington state patrol,
through the director of fire protection, upon completion of
any corrections required by him or her, and the chief of the
Washington state patrol, through the director of fire protection, or his or her deputy, shall make a reinspection of such
premises. Whenever the hospital to be licensed meets with
the approval of the chief of the Washington state patrol,
through the director of fire protection, he or she shall submit
to the department a written report approving the hospital with
respect to fire protection, and such report is required before a
full license can be issued. The chief of the Washington state
patrol, through the director of fire protection, shall make or
cause to be made inspections of such hospitals at least once a
year.
In cities which have in force a comprehensive building
code, the provisions of which are determined by the chief of
the Washington state patrol, through the director of fire pro(2004 Ed.)
Hospital Licensing and Regulation
tection, to be equal to the minimum standards of the code for
hospitals adopted by the chief of the Washington state patrol,
through the director of fire protection, the chief of the fire
department, provided the latter is a paid chief of a paid fire
department, shall make the inspection with the chief of the
Washington state patrol, through the director of fire protection, or his or her deputy and they shall jointly approve the
premises before a full license can be issued. [2004 c 261 § 3;
1995 c 369 § 40; 1986 c 266 § 94; 1985 c 213 § 19; 1955 c
267 § 8.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
State fire protection: Chapter 48.48 RCW.
70.41.090
70.41.090 Hospital license required—Certificate of
need required. (1) No person or governmental unit of the
state of Washington, acting separately or jointly with any
other person or governmental unit, shall establish, maintain,
or conduct a hospital in this state, or use the word "hospital"
to describe or identify an institution, without a license under
this chapter: PROVIDED, That the provisions of this section
shall not apply to state mental institutions and psychiatric
hospitals which come within the scope of chapter 71.12
RCW.
(2) After June 30, 1989, no hospital shall initiate a tertiary health service as defined in RCW 70.38.025(14) unless
it has received a certificate of need as provided in RCW
70.38.105 and 70.38.115.
(3) A rural health care facility licensed under RCW
70.175.100 formerly licensed as a hospital under this chapter
may, within three years of the effective date of the rural
health care facility license, apply to the department for a hospital license and not be required to meet certificate of need
requirements under chapter 70.38 RCW as a new health care
facility and not be required to meet new construction requirements as a new hospital under this chapter. These exceptions
are subject to the following: The facility at the time of initial
conversion was considered by the department to be in compliance with the hospital licensing rules and the condition of
the physical plant and equipment is equal to or exceeds the
level of compliance that existed at the time of conversion to a
rural health care facility. The department shall inspect and
determine compliance with the hospital rules prior to reissuing a hospital license.
A rural hospital, as defined by the department, reducing
the number of licensed beds to become a rural primary care
hospital under the provisions of Part A Title XVIII of the
Social Security Act Section 1820, 42 U.S.C., 1395c et seq.
may, within three years of the reduction of licensed beds,
increase the number of beds licensed under this chapter to no
more than the previously licensed number of beds without
being subject to the provisions of chapter 70.38 RCW and
without being required to meet new construction requirements under this chapter. These exceptions are subject to the
following: The facility at the time of the reduction in
licensed beds was considered by the department to be in compliance with the hospital licensing rules and the condition of
the physical plant and equipment is equal to or exceeds the
(2004 Ed.)
70.41.120
level of compliance that existed at the time of the reduction in
licensed beds. The department may inspect and determine
compliance with the hospital rules prior to increasing the hospital license. [1992 c 27 § 3; 1989 1st ex.s. c 9 § 611; 1955 c
267 § 9.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.41.100
70.41.100 Applications for licenses and renewals—
Fees. An application for license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires which may
include affirmative evidence of ability to comply with the
standards, rules, and regulations as are lawfully prescribed
hereunder. An application for renewal of license shall be
made to the department upon forms provided by it and submitted thirty days prior to the date of expiration of the license.
Each application for a license or renewal thereof by a hospital
as defined by this chapter shall be accompanied by a fee as
established by the department under RCW 43.20B.110.
[1987 c 75 § 8; 1982 c 201 § 9; 1955 c 267 § 10.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
70.41.110
70.41.110 Licenses, provisional licenses—Issuance,
duration, assignment, posting. Upon receipt of an application for license and the license fee, the department shall issue
a license or a provisional license if the applicant and the hospital facilities meet the requirements of this chapter and the
standards, rules and regulations established by the department. All licenses issued under the provisions of this chapter
shall expire on a date to be set by the department: PROVIDED, That no license issued pursuant to this chapter shall
exceed thirty-six months in duration. Each license shall be
issued only for the premises and persons named in the application, and no license shall be transferable or assignable
except with the written approval of the department. Licenses
shall be posted in a conspicuous place on the licensed premises.
If there be a failure to comply with the provisions of this
chapter or the standards, rules and regulations promulgated
pursuant thereto, the department may in its discretion issue to
an applicant for a license, or for the renewal of a license, a
provisional license which will permit the operation of the
hospital for a period to be determined by the department.
[1985 c 213 § 20; 1982 c 201 § 12; 1971 ex.s. c 247 § 3; 1955
c 267 § 11.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.120
70.41.120 Inspection of hospitals—Alterations or
additions, new facilities—Coordination with state and
local agencies—Notice of inspection. The department shall
make or cause to be made at least yearly an inspection of all
hospitals. Every inspection of a hospital may include an
inspection of every part of the premises. The department
may make an examination of all phases of the hospital operation necessary to determine compliance with the law and the
standards, rules and regulations adopted thereunder. Any licensee or applicant desiring to make alterations or additions to
its facilities or to construct new facilities shall, before com[Title 70 RCW—page 51]
70.41.122
Title 70 RCW: Public Health and Safety
mencing such alteration, addition or new construction, comply with the regulations prescribed by the department.
No hospital licensed pursuant to the provisions of this
chapter shall be required to be inspected or licensed under
other state laws or rules and regulations promulgated thereunder, or local ordinances, relative to hotels, restaurants,
lodging houses, boarding houses, places of refreshment,
nursing homes, maternity homes, or psychiatric hospitals.
To avoid unnecessary duplication in inspections, the
department shall coordinate with the department of social and
health services, the office of the state fire marshal, and local
agencies when inspecting facilities over which each agency
has jurisdiction, the facilities including but not necessarily
being limited to hospitals with both acute care and skilled
nursing or psychiatric nursing functions. The department
shall notify the office of the state fire marshal and the relevant local agency at least four weeks prior to any inspection
conducted under this section and invite their attendance at the
inspection, and shall provide a copy of its inspection report to
each agency upon completion. [2004 c 261 § 4; 1995 c 282 §
4; 1985 c 213 § 21; 1955 c 267 § 12.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.122 Exemption from RCW 70.41.120 for hospitals accredited by the joint commission on the accreditation of health care organizations or the American osteopathic association. Notwithstanding RCW 70.41.120, a hospital accredited by the joint commission on the accreditation
of health care organizations or the American osteopathic
association is not subject to the annual inspection provided
for in RCW 70.41.120 if:
(1) The department determines that the applicable survey
standards of the joint commission on the accreditation of
health care organizations or the American osteopathic association are substantially equivalent to its own;
(2) It has been inspected by the joint commission on the
accreditation of health care organizations or the American
osteopathic association within the previous twelve months;
and
(3) The department receives directly from the joint commission on the accreditation of health care organizations, the
American osteopathic association, or the hospital itself copies of the survey reports prepared by the joint commission on
the accreditation of health care organizations or the American
osteopathic association demonstrating that the hospital meets
applicable standards. [1999 c 41 § 1; 1995 c 282 § 6.]
70.41.122
70.41.125 Hospital construction review process—
Coordination with state and local agencies. (1) The
department shall coordinate its hospital construction review
process with other state and local agencies having similar
review responsibilities, including the department of labor and
industries, the office of the state fire marshal, and local building and fire officials. Inconsistencies or conflicts among the
agencies shall be identified and eliminated. The department
shall provide local agencies with relevant information
derived from its construction review process.
(2) By September 1, 2004, the department shall report to
the legislature regarding its implementation of subsection (1)
of this section. [2004 c 261 § 5.]
70.41.125
[Title 70 RCW—page 52]
70.41.130 Denial, suspension, revocation, modification of license—Procedure. The department is authorized to
deny, suspend, revoke, or modify a license or provisional
license in any case in which it finds that there has been a failure or refusal to comply with the requirements of this chapter
or the standards or rules adopted under this chapter. RCW
43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding. [1991 c 3 § 335; 1989 c 175 § 128; 1985
c 213 § 22; 1955 c 267 § 13.]
70.41.130
Effective date—1989 c 175: See note following RCW 34.05.010.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.150
70.41.150 Denial, suspension, revocation of license—
Disclosure of information. Information received by the
department through filed reports, inspection, or as otherwise
authorized under this chapter, may be disclosed publicly, as
permitted under chapter 42.17 RCW, subject to the following
provisions:
(1) Licensing inspections, or complaint investigations
regardless of findings, shall, as requested, be disclosed no
sooner than three business days after the hospital has
received the resulting assessment report;
(2) Information regarding administrative action against
the license shall, as requested, be disclosed after the hospital
has received the documents initiating the administrative
action;
(3) Information about complaints that did not warrant an
investigation shall not be disclosed except to notify the hospital and the complainant that the complaint did not warrant
an investigation. If requested, the individual complainant
shall receive information on other like complaints that have
been reported against the hospital; and
(4) Information disclosed pursuant to this section shall
not disclose individual names. [2000 c 6 § 1; 1985 c 213 §
24; 1955 c 267 § 15.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.155 Duty to investigate patient well-being. Any
complaint against a hospital and event notification required
by the department that concerns patient well-being shall be
investigated. [2000 c 6 § 2.]
70.41.155
70.41.160 Remedies available to department—Duty
of attorney general. Notwithstanding the existence or pursuit of any other remedy, the department may, in the manner
provided by law, upon the advice of the attorney general who
shall represent the department in the proceedings, maintain
an action in the name of the state for an injunction or other
process against any person or governmental unit to restrain or
prevent the establishment, conduct, or operation of a hospital
without a license under this law. [1985 c 213 § 25; 1955 c
267 § 16.]
70.41.160
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.170
70.41.170 Operating or maintaining unlicensed hospital or unapproved tertiary health service—Penalty.
Any person operating or maintaining a hospital without a
(2004 Ed.)
Hospital Licensing and Regulation
license under this chapter, or, after June 30, 1989, initiating a
tertiary health service as defined in RCW 70.38.025(14) that
is not approved under RCW 70.38.105 and 70.38.115, shall
be guilty of a misdemeanor, and each day of operation of an
unlicensed hospital or unapproved tertiary health service,
shall constitute a separate offense. [1989 1st ex.s. c 9 § 612;
1955 c 267 § 17.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.41.180
70.41.180 Physicians' services. Nothing contained in
this chapter shall in any way authorize the department to
establish standards, rules and regulations governing the professional services rendered by any physician. [1985 c 213 §
26; 1955 c 267 § 18.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.190
70.41.190 Medical records of patients—Retention
and preservation. Unless specified otherwise by the department, a hospital shall retain and preserve all medical records
which relate directly to the care and treatment of a patient for
a period of no less than ten years following the most recent
discharge of the patient; except the records of minors, which
shall be retained and preserved for a period of no less than
three years following attainment of the age of eighteen years,
or ten years following such discharge, whichever is longer.
If a hospital ceases operations, it shall make immediate
arrangements, as approved by the department, for preservation of its records.
The department shall by regulation define the type of
records and the information required to be included in the
medical records to be retained and preserved under this section; which records may be retained in photographic form
pursuant to chapter 5.46 RCW. [1985 c 213 § 27; 1975 1st
ex.s. c 175 § 1.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
Medical records, disclosure: Chapter 70.02 RCW.
70.41.200
70.41.200 Quality improvement and medical malpractice prevention program—Quality improvement
committee—Sanction and grievance procedures—Information collection, reporting, and sharing. (1) Every hospital shall maintain a coordinated quality improvement program for the improvement of the quality of health care services rendered to patients and the identification and
prevention of medical malpractice. The program shall
include at least the following:
(a) The establishment of a quality improvement committee with the responsibility to review the services rendered in
the hospital, both retrospectively and prospectively, in order
to improve the quality of medical care of patients and to prevent medical malpractice. The committee shall oversee and
coordinate the quality improvement and medical malpractice
prevention program and shall ensure that information gathered pursuant to the program is used to review and to revise
hospital policies and procedures;
(b) A medical staff privileges sanction procedure
through which credentials, physical and mental capacity, and
(2004 Ed.)
70.41.200
competence in delivering health care services are periodically
reviewed as part of an evaluation of staff privileges;
(c) The periodic review of the credentials, physical and
mental capacity, and competence in delivering health care
services of all persons who are employed or associated with
the hospital;
(d) A procedure for the prompt resolution of grievances
by patients or their representatives related to accidents, injuries, treatment, and other events that may result in claims of
medical malpractice;
(e) The maintenance and continuous collection of information concerning the hospital's experience with negative
health care outcomes and incidents injurious to patients,
patient grievances, professional liability premiums, settlements, awards, costs incurred by the hospital for patient
injury prevention, and safety improvement activities;
(f) The maintenance of relevant and appropriate information gathered pursuant to (a) through (e) of this subsection
concerning individual physicians within the physician's personnel or credential file maintained by the hospital;
(g) Education programs dealing with quality improvement, patient safety, medication errors, injury prevention,
staff responsibility to report professional misconduct, the
legal aspects of patient care, improved communication with
patients, and causes of malpractice claims for staff personnel
engaged in patient care activities; and
(h) Policies to ensure compliance with the reporting
requirements of this section.
(2) Any person who, in substantial good faith, provides
information to further the purposes of the quality improvement and medical malpractice prevention program or who, in
substantial good faith, participates on the quality improvement committee shall not be subject to an action for civil
damages or other relief as a result of such activity. Any person or entity participating in a coordinated quality improvement program that, in substantial good faith, shares information or documents with one or more other programs, committees, or boards under subsection (8) of this section is not
subject to an action for civil damages or other relief as a result
of the activity. For the purposes of this section, sharing information is presumed to be in substantial good faith. However,
the presumption may be rebutted upon a showing of clear,
cogent, and convincing evidence that the information shared
was knowingly false or deliberately misleading.
(3) Information and documents, including complaints
and incident reports, created specifically for, and collected,
and maintained by a quality improvement committee are not
subject to discovery or introduction into evidence in any civil
action, and no person who was in attendance at a meeting of
such committee or who participated in the creation, collection, or maintenance of information or documents specifically for the committee shall be permitted or required to testify in any civil action as to the content of such proceedings
or the documents and information prepared specifically for
the committee. This subsection does not preclude: (a) In any
civil action, the discovery of the identity of persons involved
in the medical care that is the basis of the civil action whose
involvement was independent of any quality improvement
activity; (b) in any civil action, the testimony of any person
concerning the facts which form the basis for the institution
of such proceedings of which the person had personal knowl[Title 70 RCW—page 53]
70.41.210
Title 70 RCW: Public Health and Safety
edge acquired independently of such proceedings; (c) in any
civil action by a health care provider regarding the restriction
or revocation of that individual's clinical or staff privileges,
introduction into evidence information collected and maintained by quality improvement committees regarding such
health care provider; (d) in any civil action, disclosure of the
fact that staff privileges were terminated or restricted, including the specific restrictions imposed, if any and the reasons
for the restrictions; or (e) in any civil action, discovery and
introduction into evidence of the patient's medical records
required by regulation of the department of health to be made
regarding the care and treatment received.
(4) Each quality improvement committee shall, on at
least a semiannual basis, report to the governing board of the
hospital in which the committee is located. The report shall
review the quality improvement activities conducted by the
committee, and any actions taken as a result of those activities.
(5) The department of health shall adopt such rules as are
deemed appropriate to effectuate the purposes of this section.
(6) The medical quality assurance commission or the
board of osteopathic medicine and surgery, as appropriate,
may review and audit the records of committee decisions in
which a physician's privileges are terminated or restricted.
Each hospital shall produce and make accessible to the commission or board the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be
subject to the discovery process and confidentiality shall be
respected as required by subsection (3) of this section. Failure of a hospital to comply with this subsection is punishable
by a civil penalty not to exceed two hundred fifty dollars.
(7) The department, the joint commission on accreditation of health care organizations, and any other accrediting
organization may review and audit the records of a quality
improvement committee or peer review committee in connection with their inspection and review of hospitals. Information so obtained shall not be subject to the discovery process, and confidentiality shall be respected as required by
subsection (3) of this section. Each hospital shall produce
and make accessible to the department the appropriate
records and otherwise facilitate the review and audit.
(8) A coordinated quality improvement program may
share information and documents, including complaints and
incident reports, created specifically for, and collected and
maintained by a quality improvement committee or a peer
review committee under RCW 4.24.250 with one or more
other coordinated quality improvement programs maintained
in accordance with this section or with RCW 43.70.510 or a
peer review committee under RCW 4.24.250, for the
improvement of the quality of health care services rendered
to patients and the identification and prevention of medical
malpractice. The privacy protections of chapter 70.02 RCW
and the federal health insurance portability and accountability act of 1996 and its implementing regulations apply to the
sharing of individually identifiable patient information held
by a coordinated quality improvement program. Any rules
necessary to implement this section shall meet the requirements of applicable federal and state privacy laws. Information and documents disclosed by one coordinated quality
improvement program to another coordinated quality
improvement program or a peer review committee under
[Title 70 RCW—page 54]
RCW 4.24.250 and any information and documents created
or maintained as a result of the sharing of information and
documents shall not be subject to the discovery process and
confidentiality shall be respected as required by subsection
(3) of this section and RCW 4.24.250.
(9) Violation of this section shall not be considered negligence per se. [2004 c 145 § 3; 2000 c 6 § 3; 1994 sp.s. c 9
§ 742; 1993 c 492 § 415; 1991 c 3 § 336; 1987 c 269 § 5; 1986
c 300 § 4.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Legislative findings—Severability—1986 c 300: See notes following
RCW 18.57.174.
Board of osteopathic medicine and surgery: Chapter 18.57 RCW.
Medical quality assurance commission: Chapter 18.71 RCW.
70.41.210
70.41.210 Duty to report restrictions on physicians'
privileges based on unprofessional conduct—Penalty.
The chief administrator or executive officer of a hospital
shall report to the medical quality assurance commission
when a physician's clinical privileges are terminated or are
restricted based on a determination, in accordance with an
institution's bylaws, that a physician has either committed an
act or acts which may constitute unprofessional conduct. The
officer shall also report if a physician accepts voluntary termination in order to foreclose or terminate actual or possible
hospital action to suspend, restrict, or terminate a physician's
clinical privileges. Such a report shall be made within sixty
days of the date action was taken by the hospital's peer review
committee or the physician's acceptance of voluntary termination or restriction of privileges. Failure of a hospital to
comply with this section is punishable by a civil penalty not
to exceed two hundred fifty dollars. [1994 sp.s. c 9 § 743;
1986 c 300 § 7.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Legislative findings—Severability—1986 c 300: See notes following
RCW 18.57.174.
Medical quality assurance commission: Chapter 18.71 RCW.
70.41.220
70.41.220 Duty to keep records of restrictions on
practitioners' privileges—Penalty. Each hospital shall
keep written records of decisions to restrict or terminate privileges of practitioners. Copies of such records shall be made
available to the board within thirty days of a request and all
information so gained shall remain confidential in accordance with RCW 70.41.200 and 70.41.230 and shall be protected from the discovery process. Failure of a hospital to
comply with this section is punishable by [a] civil penalty not
to exceed two hundred fifty dollars. [1986 c 300 § 8.]
Legislative findings—Severability—1986 c 300: See notes following
RCW 18.57.174.
70.41.230
70.41.230 Duty of hospital to request information on
physicians granted privileges. (1) Prior to granting or
renewing clinical privileges or association of any physician
or hiring a physician, a hospital or facility approved pursuant
(2004 Ed.)
Hospital Licensing and Regulation
to this chapter shall request from the physician and the physician shall provide the following information:
(a) The name of any hospital or facility with or at which
the physician had or has any association, employment, privileges, or practice;
(b) If such association, employment, privilege, or practice was discontinued, the reasons for its discontinuation;
(c) Any pending professional medical misconduct proceedings or any pending medical malpractice actions in this
state or another state, the substance of the allegations in the
proceedings or actions, and any additional information concerning the proceedings or actions as the physician deems
appropriate;
(d) The substance of the findings in the actions or proceedings and any additional information concerning the
actions or proceedings as the physician deems appropriate;
(e) A waiver by the physician of any confidentiality provisions concerning the information required to be provided to
hospitals pursuant to this subsection; and
(f) A verification by the physician that the information
provided by the physician is accurate and complete.
(2) Prior to granting privileges or association to any physician or hiring a physician, a hospital or facility approved
pursuant to this chapter shall request from any hospital with
or at which the physician had or has privileges, was associated, or was employed, the following information concerning
the physician:
(a) Any pending professional medical misconduct proceedings or any pending medical malpractice actions, in this
state or another state;
(b) Any judgment or settlement of a medical malpractice
action and any finding of professional misconduct in this
state or another state by a licensing or disciplinary board; and
(c) Any information required to be reported by hospitals
pursuant to RCW 18.71.0195.
(3) The medical quality assurance commission shall be
advised within thirty days of the name of any physician
denied staff privileges, association, or employment on the
basis of adverse findings under subsection (1) of this section.
(4) A hospital or facility that receives a request for information from another hospital or facility pursuant to subsections (1) and (2) of this section shall provide such information
concerning the physician in question to the extent such information is known to the hospital or facility receiving such a
request, including the reasons for suspension, termination, or
curtailment of employment or privileges at the hospital or
facility. A hospital, facility, or other person providing such
information in good faith is not liable in any civil action for
the release of such information.
(5) Information and documents, including complaints
and incident reports, created specifically for, and collected,
and maintained by a quality improvement committee are not
subject to discovery or introduction into evidence in any civil
action, and no person who was in attendance at a meeting of
such committee or who participated in the creation, collection, or maintenance of information or documents specifically for the committee shall be permitted or required to testify in any civil action as to the content of such proceedings
or the documents and information prepared specifically for
the committee. This subsection does not preclude: (a) In any
civil action, the discovery of the identity of persons involved
(2004 Ed.)
70.41.240
in the medical care that is the basis of the civil action whose
involvement was independent of any quality improvement
activity; (b) in any civil action, the testimony of any person
concerning the facts which form the basis for the institution
of such proceedings of which the person had personal knowledge acquired independently of such proceedings; (c) in any
civil action by a health care provider regarding the restriction
or revocation of that individual's clinical or staff privileges,
introduction into evidence information collected and maintained by quality improvement committees regarding such
health care provider; (d) in any civil action, disclosure of the
fact that staff privileges were terminated or restricted, including the specific restrictions imposed, if any and the reasons
for the restrictions; or (e) in any civil action, discovery and
introduction into evidence of the patient's medical records
required by regulation of the department of health to be made
regarding the care and treatment received.
(6) Hospitals shall be granted access to information held
by the medical quality assurance commission and the board
of osteopathic medicine and surgery pertinent to decisions of
the hospital regarding credentialing and recredentialing of
practitioners.
(7) Violation of this section shall not be considered negligence per se. [1994 sp.s. c 9 § 744; 1993 c 492 § 416; 1991
c 3 § 337; 1987 c 269 § 6; 1986 c 300 § 11.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Legislative findings—Severability—1986 c 300: See notes following
RCW 18.57.174.
Medical quality assurance commission: Chapter 18.71 RCW.
70.41.235
70.41.235 Doctor of osteopathic medicine and surgery—Discrimination based on board certification is prohibited. A hospital that provides health care services to the
general public may not discriminate against a qualified doctor of osteopathic medicine and surgery licensed under chapter 18.57 RCW, who has applied to practice with the hospital,
solely because that practitioner was board certified or eligible
under an approved osteopathic certifying board instead of
board certified or eligible respectively under an approved
medical certifying board. [1995 c 64 § 3.]
70.41.240
70.41.240 Information regarding conversion of hospitals to nonhospital health care facilities. The department
of health shall compile and make available to the public
information regarding medicare health care facility certification options available to hospitals licensed under this title that
desire to convert to nonhospital health care facilities. The
information provided shall include standards and requirements for certification and procedures for acquiring certification. [1991 c 3 § 338; 1988 c 207 § 3.]
Resources and staffing—1988 c 207: "The department of community
development, department of trade and economic development, department of
employment security, and department of social and health services are
expected to use their present resources and staffing to carry out the requirements of this act." [1988 c 207 § 4.]
[Title 70 RCW—page 55]
70.41.250
Title 70 RCW: Public Health and Safety
70.41.250
70.41.250 Cost disclosure to health care providers.
(1) The legislature finds that the spiraling costs of health care
continue to surmount efforts to contain them, increasing at
approximately twice the inflationary rate. The causes of this
phenomenon are complex. By making physicians and other
health care providers with hospital admitting privileges more
aware of the cost consequences of health care services for
consumers, these providers may be inclined to exercise more
restraint in providing only the most relevant and cost-beneficial hospital services, with a potential for reducing the utilization of those services. The requirement of the hospital to
inform physicians and other health care providers of the
charges of the health care services that they order may have a
positive effect on containing health costs. Further, the option
of the physician or other health care provider to inform the
patient of these charges may strengthen the necessary dialogue in the provider-patient relationship that tends to be
diminished by intervening third-party payers.
(2) The chief executive officer of a hospital licensed
under this chapter and the superintendent of a state hospital
shall establish and maintain a procedure for disclosing to
physicians and other health care providers with admitting
privileges the charges of all health care services ordered for
their patients. Copies of hospital charges shall be made available to any physician and/or other health care provider ordering care in hospital inpatient/outpatient services. The physician and/or other health care provider may inform the patient
of these charges and may specifically review them. Hospitals
are also directed to study methods for making daily charges
available to prescribing physicians through the use of interactive software and/ or computerized information thereby
allowing physicians and other health care providers to review
not only the costs of present and past services but also future
contemplated costs for additional diagnostic studies and therapeutic medications. [1993 c 492 § 265.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.41.300
70.41.300 Long-term care—Definitions. "Cost-effective care" and "long-term care services," where used in RCW
70.41.310 and 70.41.320, shall have the same meaning as that
given in *RCW 74.39A.008. [1995 1st sp.s. c 18 § 4.]
*Reviser's note: RCW 74.39A.008 was repealed by 1997 c 392 § 530.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.41.310
70.41.310 Long-term care—Program information to
be provided to hospitals—Information on options to be
provided to patients. (1)(a) The department of social and
health services, in consultation with hospitals and acute care
facilities, shall promote the most appropriate and cost-effective use of long-term care services by developing and distributing to hospitals and other appropriate health care settings
information on the various chronic long-term care programs
that it administers directly or through contract. The information developed by the department of social and health services shall, at a minimum, include the following:
(i) An identification and detailed description of each
long-term care service available in the state;
[Title 70 RCW—page 56]
(ii) Functional, cognitive, and medicaid eligibility criteria that may be required for placement or admission to each
long-term care service; and
(iii) A long-term care services resource manual for each
hospital, that identifies the long-term care services operating
within each hospital's patient service area. The long-term
care services resource manual shall, at a minimum, identify
the name, address, and telephone number of each entity
known to be providing long-term care services; a brief
description of the programs or services provided by each of
the identified entities; and the name or names of a person or
persons who may be contacted for further information or
assistance in accessing the programs or services at each of the
identified entities.
(b) The information required in (a) of this subsection
shall be periodically updated and distributed to hospitals by
the department of social and health services so that the information reflects current long-term care service options available within each hospital's patient service area.
(2) To the extent that a patient will have continuing care
needs, once discharged from the hospital setting, hospitals
shall, during the course of the patient's hospital stay, promote
each patient's family member's and/or legal representative's
understanding of available long-term care service discharge
options by, at a minimum:
(a) Discussing the various and relevant long-term care
services available, including eligibility criteria;
(b) Making available, to patients, their family members,
and/or legal representative, a copy of the most current longterm care services resource manual;
(c) Responding to long-term care questions posed by
patients, their family members, and/or legal representative;
(d) Assisting the patient, their family members, and/or
legal representative in contacting appropriate persons or entities to respond to the question or questions posed; and
(e) Linking the patient and family to the local, state-designated aging and long-term care network to ensure effective
transitions to appropriate levels of care and ongoing support.
[1995 1st sp.s. c 18 § 3.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.41.320
70.41.320 Long-term care—Patient discharge
requirements for hospitals and acute care facilities—Pilot
projects. (1) Hospitals and acute care facilities shall:
(a) Work cooperatively with the department of social and
health services, area agencies on aging, and local long-term
care information and assistance organizations in the planning
and implementation of patient discharges to long-term care
services.
(b) Establish and maintain a system for discharge planning and designate a person responsible for system management and implementation.
(c) Establish written policies and procedures to:
(i) Identify patients needing further nursing, therapy, or
supportive care following discharge from the hospital;
(ii) Develop a documented discharge plan for each identified patient, including relevant patient history, specific care
requirements, and date such follow-up care is to be initiated;
(iii) Coordinate with patient, family, caregiver, and
appropriate members of the health care team;
(2004 Ed.)
Hospital Licensing and Regulation
(iv) Provide any patient, regardless of income status,
written information and verbal consultation regarding the
array of long-term care options available in the community,
including the relative cost, eligibility criteria, location, and
contact persons;
(v) Promote an informed choice of long-term care services on the part of patients, family members, and legal representatives; and
(vi) Coordinate with the department and specialized case
management agencies, including area agencies on aging and
other appropriate long-term care providers, as necessary, to
ensure timely transition to appropriate home, community residential, or nursing facility care.
(d) Work in cooperation with the department which is
responsible for ensuring that patients eligible for medicaid
long-term care receive prompt assessment and appropriate
service authorization.
(2) In partnership with selected hospitals, the department
of social and health services shall develop and implement
pilot projects in up to three areas of the state with the goal of
providing information about appropriate in-home and community services to individuals and their families early during
the individual's hospital stay.
The department shall not delay hospital discharges but
shall assist and support the activities of hospital discharge
planners. The department also shall coordinate with home
health and hospice agencies whenever appropriate. The role
of the department is to assist the hospital and to assist patients
and their families in making informed choices by providing
information regarding home and community options.
In conducting the pilot projects, the department shall:
(a) Assess and offer information regarding appropriate
in-home and community services to individuals who are
medicaid clients or applicants; and
(b) Offer assessment and information regarding appropriate in-home and community services to individuals who
are reasonably expected to become medicaid recipients
within one hundred eighty days of admission to a nursing
facility. [1998 c 245 § 127; 1995 1st sp.s. c 18 § 5.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.41.330
70.41.330 Hospital complaint toll-free telephone
number. Every hospital shall post in conspicuous locations
a notice of the department's hospital complaint toll-free telephone number. The form of the notice shall be approved by
the department. [2000 c 6 § 4.]
70.41.340
70.41.340 Investigation of hospital complaints—
Rules. The department is authorized to adopt rules necessary
to implement RCW 70.41.150, 70.41.155, and 70.41.330.
[2000 c 6 § 6.]
70.41.370
(b) Orally inform each victim of sexual assault of her
option to be provided emergency contraception at the hospital; and
(c) If not medically contraindicated, provide emergency
contraception immediately at the hospital to each victim of
sexual assault who requests it.
(2) The secretary, in collaboration with community sexual assault programs and other relevant stakeholders, shall
develop, prepare, and produce informational materials relating to emergency contraception for the prevention of pregnancy in rape victims for distribution to and use in all emergency rooms in the state, in quantities sufficient to comply
with the requirements of this section. The secretary, in collaboration with community sexual assault programs and other
relevant stakeholders, may also approve informational materials from other sources for the purposes of this section. The
informational materials must be clearly written and readily
comprehensible in a culturally competent manner, as the secretary, in collaboration with community sexual assault programs and other relevant stakeholders, deems necessary to
inform victims of sexual assault. The materials must explain
the nature of emergency contraception, including that it is
effective in preventing pregnancy, treatment options, and
where they can be obtained.
(3) The secretary shall adopt rules necessary to implement this section. [2002 c 116 § 3.]
Findings—2002 c 116: "(1) The legislature finds that:
(a) Each year, over three hundred thousand women are sexually
assaulted in the United States;
(b) Nationally, over thirty-two thousand women become pregnant each
year as a result of sexual assault. Approximately fifty percent of these pregnancies end in abortion;
(c) Approximately thirty-eight percent of women in Washington are
sexually assaulted over the course of their lifetime. This is twenty percent
more than the national average;
(d) Only fifteen percent of sexual assaults in Washington are reported;
however, even the numbers of reported attacks are staggering. For example,
last year, two thousand six hundred fifty-nine rapes were reported in
Washington, this is more than seven rapes per day.
(2) The legislature deems it essential that all hospital emergency rooms
provide emergency contraception as a treatment option to any woman who
seeks treatment as a result of a sexual assault." [2002 c 116 § 1.]
70.41.360
70.41.360 Emergency care provided to victims of sexual assault—Department to respond to violations—Task
force. The department must respond to complaints of violations of RCW 70.41.350. The department shall convene a
task force, composed of representatives from community
sexual assault programs and other relevant stakeholders
including advocacy agencies, medical agencies, and hospital
associations, to provide input into the development and evaluation of the education materials and rule development. The
task force shall expire on January 1, 2004. [2002 c 116 § 4.]
Findings—2002 c 116: See note following RCW 70.41.350.
70.41.370
70.41.350
70.41.350 Emergency care provided to victims of sexual assault—Development of informational materials on
emergency contraception—Rules. (1) Every hospital providing emergency care to a victim of sexual assault shall:
(a) Provide the victim with medically and factually accurate and unbiased written and oral information about emergency contraception;
(2004 Ed.)
70.41.370 Investigation of complaints of violations
concerning nursing technicians. The department shall
investigate complaints of violations of RCW 18.79.350 and
18.79.360 by an employer. The department shall maintain
records of all employers that have violated RCW 18.79.350
and 18.79.360. [2003 c 258 § 8.]
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
[Title 70 RCW—page 57]
70.41.900
Title 70 RCW: Public Health and Safety
70.41.900
70.41.900 Severability—1955 c 267. If any part, or
parts, of this chapter shall be held unconstitutional, the
remaining provisions shall be given full force and effect, as
completely as if the part held unconstitutional had not been
included herein, if any such remaining part can then be
administered for the purpose of establishing and maintaining
standards for hospitals. [1955 c 267 § 21.]
Chapter 70.42
Chapter 70.42 RCW
MEDICAL TEST SITES
Sections
70.42.005
70.42.010
70.42.020
70.42.030
70.42.040
70.42.050
70.42.060
70.42.070
70.42.080
70.42.090
70.42.100
70.42.110
70.42.120
70.42.130
70.42.140
70.42.150
70.42.160
70.42.170
70.42.180
70.42.190
70.42.200
70.42.210
70.42.220
70.42.900
Intent—Construction.
Definitions.
License required.
Waiver of license—Conditions.
Sites approved under federal law—Automatic licensure.
Permission to perform tests not covered by license—License
amendment.
Quality control, quality assurance, recordkeeping, and personnel standards.
Proficiency testing program.
Test site supervisor.
Fees—Account.
Applicants—Requirements.
Issuance of license—Renewal.
Denial of license.
Conditions upon license.
Suspension of license.
Revocation of license.
Penalties—Acts constituting violations.
On-site reviews.
Operating without a license—Injunctions or other remedies—
Penalty.
Petition of superior court for review of disciplinary action.
Persons who may not own or operate test site.
Confidentiality of certain information.
Rules.
Effective dates—1989 c 386.
70.42.005
70.42.005 Intent—Construction. The legislature
intends that medical test sites meet criteria known to promote
accurate and reliable analysis, thus improving health care
through uniform test site licensure and regulation including
quality control, quality assurance, and proficiency testing.
The legislature also intends to meet the requirements of federal laws licensing and regulating medical testing.
The legislature intends that nothing in this chapter shall
be interpreted to place any liability whatsoever on the state
for the action or inaction of test sites or test site personnel.
The legislature further intends that nothing in this chapter
shall be interpreted to expand the state's role regarding medical testing beyond the provisions of this chapter. [1989 c 386
§ 1.]
70.42.010
70.42.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the *department of health if
enacted, otherwise the department of social and health services.
(2) "Designated test site supervisor" means the available
individual who is responsible for the technical functions of
the test site and who meets the department's qualifications set
out in rule by the department.
[Title 70 RCW—page 58]
(3) "Person" means any individual, or any public or private organization, agent, agency, corporation, firm, association, partnership, or business.
(4) "Proficiency testing program" means an external service approved by the department which provides samples to
evaluate the accuracy, reliability and performance of the tests
at each test site.
(5) "Quality assurance" means a comprehensive set of
policies, procedures, and practices to assure that a test site's
results are accurate and reliable. Quality assurance means a
total program of internal and external quality control, equipment preventative maintenance, calibration, recordkeeping,
and proficiency testing evaluation, including a written quality
assurance plan.
(6) "Quality control" means internal written procedures
and day-to-day analysis of laboratory reference materials at
each test site to insure precision and accuracy of test methodology, equipment, and results.
(7) "Test" means any examination or procedure conducted on a sample taken from the human body, including
screening.
(8) "Test site" means any facility or site, public or private, which analyzes materials derived from the human body
for the purposes of health care, treatment, or screening. A test
site does not mean a facility or site, including a residence,
where a test approved for home use by the federal food and
drug administration is used by an individual to test himself or
herself without direct supervision or guidance by another and
where this test is not part of a commercial transaction. [1989
c 386 § 2.]
*Reviser's note: 1989 1st ex.s. c 14 created the department of health.
70.42.020
70.42.020 License required. After July 1, 1990, no
person may advertise, operate, manage, own, conduct, open,
or maintain a test site without first obtaining a license for the
tests to be performed, except as provided in RCW 70.42.030.
[1989 c 386 § 3.]
70.42.030
70.42.030 Waiver of license—Conditions. (1) As a
part of the application for licensure, a test site may request a
waiver from licensure under this chapter if the test site performs only examinations which are determined to have insignificant risk of an erroneous result, including those which (a)
are approved by the federal food and drug administration for
home use; (b) are so simple and accurate as to render the likelihood of erroneous results negligible; or (c) pose no reasonable risk of harm to the patient if performed incorrectly.
(2) The department shall determine by rule which tests
meet the criteria in subsection (1) of this section and shall be
exempt from coverage of this chapter. The standards applied
in developing the list shall be consistent with federal law and
regulations.
(3) The department shall grant a waiver from licensure
for two years for a valid request based on subsections (1) and
(2) of this section.
(4) Any test site which has received a waiver under subsection (3) of this section shall report to the department any
changes in the type of tests it intends to perform thirty days in
advance of the changes. In no case shall a test site with a
(2004 Ed.)
Medical Test Sites
waiver perform tests which require a license under this chapter. [1989 c 386 § 4.]
70.42.040
70.42.040 Sites approved under federal law—Automatic licensure. Test sites accredited, certified, or licensed
by an organization or agency approved by the department
consistent with federal law and regulations shall receive a
license under RCW 70.42.110. [1989 c 386 § 5.]
70.42.050
70.42.050 Permission to perform tests not covered by
license—License amendment. A licensee that desires to
perform tests for which it is not currently licensed shall notify
the department. To the extent allowed by federal law and regulations, upon notification and pending the department's
determination, the department shall grant the licensee temporary permission to perform the additional tests. The department shall amend the license if it determines that the licensee
meets all applicable requirements. [1989 c 386 § 6.]
70.42.060
70.42.060 Quality control, quality assurance, recordkeeping, and personnel standards. The department shall
adopt standards established in rule governing test sites for
quality control, quality assurance, recordkeeping, and personnel consistent with federal laws and regulations. "Recordkeeping" for purposes of this chapter means books, files, or
records necessary to show compliance with the quality control and quality assurance requirements adopted by the
department. [1989 c 386 § 7.]
70.42.070
70.42.070 Proficiency testing program. (1) Except
where there is no reasonable proficiency test, each licensed
test site must participate in a department-approved proficiency testing program appropriate to the test or tests which it
performs. The department may approve proficiency testing
programs offered by private or public organizations when the
program meets the standards set by the department. Testing
shall be conducted quarterly except as otherwise provided for
in rule.
(2) The department shall establish proficiency testing
standards by rule which include a measure of acceptable performance for tests, and a system for grading proficiency testing performance for tests. The standards may include an evaluation of the personnel performing tests. [1989 c 386 § 8.]
70.42.080
70.42.080 Test site supervisor. A test site shall have a
designated test site supervisor who shall meet the qualifications determined by the department in rule. The designated
test site supervisor shall be responsible for the testing functions of the test site. [1989 c 386 § 9.]
70.42.090
70.42.090 Fees—Account. (1) The department shall
establish a schedule of fees for license applications, renewals,
amendments, and waivers. In fixing said fees, the department
shall set the fees at a sufficient level to defray the cost of
administering the licensure program. All such fees shall be
fixed by rule adopted in accordance with the provisions of the
administrative procedure act, chapter 34.05 RCW. In determining the fee schedule, the department shall consider the
following: (a) Complexity of the license required; (b) number and type of tests performed at the test site; (c) degree of
(2004 Ed.)
70.42.120
supervision required from the department staff; (d) whether
the license is granted under RCW 70.42.040; and (e) general
administrative costs of the test site licensing program established under this chapter. For each category of license, fees
charged shall be related to program costs.
(2) The medical test site licensure account is created in
the state treasury. The state treasurer shall transfer into the
medical test site licensure account all revenue received from
medical test site license fees. Funds for this account may only
be appropriated for the support of the activities defined under
this chapter.
(3) The department may establish separate fees for repeat
inspections and repeat audits it performs under RCW
70.42.170. [1989 c 386 § 10.]
70.42.100
70.42.100 Applicants—Requirements. An applicant
for issuance or renewal of a medical test site license shall:
(1) File a written application on a form provided by the
department;
(2) Demonstrate ability to comply with this chapter and
the rules adopted under this chapter;
(3) Cooperate with any on-site review which may be
conducted by the department prior to licensure or renewal.
[1989 c 386 § 11.]
70.42.110
70.42.110 Issuance of license—Renewal. Upon
receipt of an application for a license and the license fee, the
department shall issue a license if the applicant meets the
requirements established under this chapter. All persons
operating test sites before July 1, 1990, shall submit applications by July 1, 1990. A license issued under this chapter
shall not be transferred or assigned without thirty days' prior
notice to the department and the department's timely
approval. A license, unless suspended or revoked, shall be
effective for a period of two years. The department may
establish penalty fees or take other appropriate action pursuant to this chapter for failure to apply for licensure or renewal
as required by this chapter. [1989 c 386 § 12.]
70.42.120
70.42.120 Denial of license. Under this chapter, and
chapter 34.05 RCW, the department may deny a license to
any applicant who:
(1) Refuses to comply with the requirements of this
chapter or the standards or rules adopted under this chapter;
(2) Was the holder of a license under this chapter which
was revoked for cause and never reissued by the department;
(3) Has knowingly or with reason to know made a false
statement of a material fact in the application for a license or
in any data attached thereto or in any record required by the
department;
(4) Refuses to allow representatives of the department to
examine any book, record, or file required by this chapter to
be maintained;
(5) Willfully prevented, interfered with, or attempted to
impede in any way the work of a representative of the department; or
(6) Misrepresented, or was fraudulent in, any aspect of
the applicant's business. [1989 c 386 § 13.]
[Title 70 RCW—page 59]
70.42.130
Title 70 RCW: Public Health and Safety
70.42.130
70.42.130 Conditions upon license. Under this chapter, and chapter 34.05 RCW, the department may place conditions on a license which limit or cancel a test site's authority
to conduct any of the tests or groups of tests of any licensee
who:
(1) Fails or refuses to comply with the requirements of
this chapter or the rules adopted under this chapter;
(2) Has knowingly or with reason to know made a false
statement of a material fact in the application for a license or
in any data attached thereto or in any record required by the
department;
(3) Refuses to allow representatives of the department to
examine any book, record, or file required by this chapter to
be maintained;
(4) Willfully prevented, interfered with, or attempted to
impede in any way the work of a representative of the department;
(5) Willfully prevented or interfered with preservation of
evidence of a known violation of this chapter or the rules
adopted under this chapter; or
(6) Misrepresented, or was fraudulent in, any aspect of
the licensee's business. [1989 c 386 § 14.]
70.42.140
70.42.140 Suspension of license. Under this chapter,
and chapter 34.05 RCW, the department may suspend the
license of any licensee who:
(1) Fails or refuses to comply with the requirements of
this chapter or the rules adopted under this chapter;
(2) Has knowingly or with reason to know made a false
statement of a material fact in the application for a license or
in any data attached thereto or in any record required by the
department;
(3) Refuses to allow representatives of the department to
examine any book, record, or file required by this chapter to
be maintained;
(4) Willfully prevented, interfered with, or attempted to
impede in any way the work of a representative of the department;
(5) Willfully prevented or interfered with preservation of
evidence of a known violation of this chapter or the rules
adopted under this chapter;
(6) Misrepresented, or was fraudulent in, any aspect of
the licensee's business;
(7) Used false or fraudulent advertising; or
(8) Failed to pay any civil monetary penalty assessed by
the department under this chapter within twenty-eight days
after the assessment becomes final. [1989 c 386 § 15.]
70.42.150
70.42.150 Revocation of license. Under this chapter,
and chapter 34.05 RCW, the department may revoke the
license of any licensee who:
(1) Fails or refuses to comply with the requirements of
this chapter or the rules adopted under this chapter;
(2) Has knowingly or with reason to know made a false
statement of a material fact in the application for a license or
in any data attached thereto or in any record required by the
department;
(3) Refuses to allow representatives of the department to
examine any book, record, or file required by this chapter to
be maintained;
[Title 70 RCW—page 60]
(4) Willfully prevented, interfered with, or attempted to
impede in any way the work of a representative of the department;
(5) Willfully prevented or interfered with preservation of
evidence of a known violation of this chapter or the rules
adopted under this chapter;
(6) Misrepresented, or was fraudulent in, any aspect of
the licensee's business;
(7) Used false or fraudulent advertising; or
(8) Failed to pay any civil monetary penalty assessed by
the department pursuant to this chapter within twenty-eight
days after the assessment becomes final.
The department may summarily revoke a license when it
finds continued licensure of a test site immediately jeopardizes the public health, safety, or welfare. [1989 c 386 § 16.]
70.42.160
70.42.160 Penalties—Acts constituting violations.
Under this chapter, and chapter 34.05 RCW, the department
may assess monetary penalties of up to ten thousand dollars
per violation in addition to or in lieu of conditioning, suspending, or revoking a license. A violation occurs when a licensee:
(1) Fails or refuses to comply with the requirements of
this chapter or the standards or rules adopted under this chapter;
(2) Has knowingly or with reason to know made a false
statement of a material fact in the application for a license or
in any data attached thereto or in any record required by the
department;
(3) Refuses to allow representatives of the department to
examine any book, record, or file required by this chapter to
be maintained;
(4) Willfully prevents, interferes with, or attempts to
impede in any way the work of any representative of the
department;
(5) Willfully prevents or interferes with preservation of
evidence of any known violation of this chapter or the rules
adopted under this chapter;
(6) Misrepresents or was fraudulent in any aspect of the
applicant's business; or
(7) Uses advertising which is false or fraudulent.
Each day of a continuing violation is a separate violation.
[1989 c 386 § 17.]
70.42.170
70.42.170 On-site reviews. The department may at any
time conduct an on-site review of a licensee or applicant in
order to determine compliance with this chapter. When the
department has reason to believe a waivered site is conducting tests requiring a license, the department may conduct an
on-site review of the waivered site in order to determine compliance. The department may also examine and audit records
necessary to determine compliance with this chapter. The
right to conduct an on-site review and audit and examination
of records shall extend to any premises and records of persons whom the department has reason to believe are opening,
owning, conducting, maintaining, managing, or otherwise
operating a test site without a license.
Following an on-site review, the department shall give
written notice of any violation of this chapter or the rules
adopted under this chapter. The notice shall describe the rea(2004 Ed.)
Hospital Staff Membership or Privileges
sons for noncompliance and inform the licensee or applicant
or test site operator that it shall comply within a specified reasonable time. If the licensee or applicant or test site operator
fails to comply, the department may take disciplinary action
under RCW 70.42.120 through 70.42.150, or further action as
authorized by this chapter. [1989 c 386 § 18.]
70.42.180
70.42.180 Operating without a license—Injunctions
or other remedies—Penalty. Notwithstanding the existence
or use of any other remedy, the department may, in the manner provided by law and upon the advice of the attorney general, who shall represent the department in the proceedings,
maintain an action in the name of the state for an injunction
or other process against any person to restrain or prevent the
advertising, operating, maintaining, managing, or opening of
a test site without a license under this chapter. It is a misdemeanor to own, operate, or maintain a test site without a
license. [1989 c 386 § 19.]
Chapter 70.44
70.43.010 Applications for membership or privileges—Standards and procedures. Within one hundred
eighty days of June 11, 1986, the governing body of every
hospital licensed under chapter 70.41 RCW shall set standards and procedures to be applied by the hospital and its
medical staff in considering and acting upon applications for
staff membership or professional privileges. [1986 c 205 §
1.]
70.43.010
70.43.020 Applications for membership or privileges—Discrimination based on type of license prohibited—Exception. The governing body of any hospital,
except any hospital which employs its medical staff, in considering and acting upon applications for staff membership or
professional privileges within the scope of the applicants'
respective licenses, shall not discriminate against a qualified
person solely on the basis of whether such person is licensed
under chapters 18.71, 18.57, or 18.22 RCW. [1986 c 205 §
2.]
70.43.020
70.42.190
70.42.190 Petition of superior court for review of disciplinary action. Any test site which has had a denial, condition, suspension, or revocation of its license, or a civil monetary penalty upheld after administrative review under chapter 34.05 RCW, may, within sixty days of the administrative
determination, petition the superior court for review of the
decision. [1989 c 386 § 20.]
70.42.200
70.42.200 Persons who may not own or operate test
site. No person who has owned or operated a test site that has
had its license revoked may own or operate a test site within
two years of the final adjudication of a license revocation.
[1989 c 386 § 21.]
70.42.210 Confidentiality of certain information. All
information received by the department through filed reports,
audits, or on-site reviews, as authorized under this chapter
shall not be disclosed publicly in any manner that would
identify persons who have specimens of material from their
bodies at a test site, absent a written release from the person,
or a court order. [1989 c 386 § 22.]
70.42.210
70.42.220 Rules. The department shall adopt rules
under chapter 34.05 RCW necessary to implement the purposes of this chapter. [1989 c 386 § 23.]
70.42.220
70.42.900
70.42.900 Effective dates—1989 c 386. (1) RCW
70.42.005 through 70.42.210 shall take effect July 1, 1990.
(2) RCW 70.42.220 is necessary for the immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and
shall take effect July 1, 1989. [1989 c 386 § 25.]
70.43.030
7 0 . 4 3 . 0 3 0 V i o l a t i o n s o f R CW 7 0 . 4 3 . 0 1 0 o r
70.43.020—Injunctive relief. Any person may apply to
superior court for a preliminary or permanent injunction
restraining a violation of RCW 70.43.010 or 70.43.020. This
action is an additional remedy not dependent on the adequacy
of the remedy at law. Nothing in this chapter shall require a
hospital to grant staff membership or professional privileges
until a final determination is made upon the merits by the
hospital governing body. [1986 c 205 § 3.]
Chapter 70.44
Sections
70.44.003
70.44.007
70.44.010
70.44.015
70.44.016
70.44.020
70.44.028
70.44.030
70.44.035
70.44.040
70.44.041
70.44.042
70.44.045
70.44.047
70.44.050
70.44.053
70.44.054
70.44.056
Chapter 70.43 RCW
HOSPITAL STAFF MEMBERSHIP OR PRIVILEGES
Chapter 70.43
70.44.059
70.44.060
70.44.062
Sections
70.43.010
70.43.020
70.43.030
(2004 Ed.)
Applications for membership or privileges—Standards and
procedures.
Applications for membership or privileges—Discrimination
based on type of license prohibited—Exception.
Violations of RCW 70.43.010 or 70.43.020—Injunctive relief.
Chapter 70.44 RCW
PUBLIC HOSPITAL DISTRICTS
70.44.065
70.44.067
70.44.070
70.44.080
70.44.090
Purpose.
Definitions.
Districts authorized.
Validation of existing districts.
Validation of districts.
Resolution—Petition for county-wide district—Conduct of
elections.
Limitation on legal challenges.
Petition for lesser district—Procedure.
Petition for district lying in more than one county—Procedure.
Elections—Commissioners, terms, districts.
Validity of appointment or election of commissioners—Compliance with 1994 c 223.
Commissioner districts—Resolution to abolish—Proposition
to reestablish.
Commissioners—Vacancies.
Redrawn boundaries—Assignment of commissioners to districts.
Commissioners—Compensation and expenses—Insurance—
Resolutions by majority vote—Officers—Rules—Seal—
Records.
Increase in number of commissioners—Proposition to voters.
Increase in number of commissioners—Commissioner districts.
Increase in number of commissioners—Appointments—Election—Terms.
Chaplains—Authority to employ.
Powers and duties.
Commissioners' meetings, proceedings, and deliberations concerning health care providers' clinical or staff privileges to be
confidential—Final action in public session.
Levy for emergency medical care and services.
Community revitalization financing—Public improvements.
Superintendent—Appointment—Removal—Compensation.
Superintendent—Powers.
Superintendent—Duties.
[Title 70 RCW—page 61]
70.44.003
70.44.110
70.44.130
70.44.140
70.44.171
70.44.185
70.44.190
70.44.200
70.44.210
70.44.220
70.44.230
70.44.235
70.44.240
70.44.260
70.44.300
70.44.310
70.44.315
70.44.320
70.44.350
70.44.360
70.44.370
70.44.380
70.44.400
70.44.450
70.44.460
70.44.900
70.44.901
70.44.902
70.44.903
70.44.910
Title 70 RCW: Public Health and Safety
Plan to construct or improve—General obligation bonds.
Bonds—Payment—Security for deposits.
Contracts for material and work—Call for bids—Alternative
procedures—Exemptions.
Treasurer—Duties—Funds—Depositaries—Surety bonds,
cost.
Change of district boundary lines to allow farm units to be
wholly within one hospital district—Notice.
Consolidation of districts.
Annexation of territory.
Alternate method of annexation—Contents of resolution calling for election.
Alternate method of annexation—Publication and contents of
notice of hearing—Hearing—Resolution—Special election.
Alternate method of annexation—Conduct and canvass of
election—Notice—Ballot.
Withdrawal or reannexation of areas.
Contracting or joining with other districts, hospitals, corporations, or individuals to provide services or facilities.
Contracts for purchase of real or personal property.
Sale of surplus real property.
Lease of surplus real property.
Evaluation criteria and requirements for acquisition of district
hospitals.
Disposal of surplus personal property.
Dividing a district.
Dividing a district—Plan.
Dividing a district—Petition to court, hearing, order.
Dividing a district—Election—Creation of new districts—
Challenges.
Withdrawal of territory from public hospital district.
Rural public hospital districts—Cooperative agreements and
contracts.
Rural public hospital district defined.
Severability—Construction—1945 c 264.
Severability—Construction—1974 ex.s. c 165.
Severability—1982 c 84.
Savings—1982 c 84.
Construction—1945 c 264.
County hospitals: Chapter 36.62 RCW.
Limitation of indebtedness prescribed: RCW 39.36.020.
Tortious conduct of political subdivisions, municipal corporations and quasi
municipal corporations, liability for damages: Chapter 4.96 RCW.
70.44.003
70.44.003 Purpose. The purpose of chapter 70.44
RCW is to authorize the establishment of public hospital districts to own and operate hospitals and other health care facilities and to provide hospital services and other health care
services for the residents of such districts and other persons.
[1982 c 84 § 1.]
70.44.007
70.44.007 Definitions. As used in this chapter, the following words have the meanings indicated:
(1) "Other health care facilities" means nursing home,
extended care, long-term care, outpatient and rehabilitative
facilities, ambulances, and such other facilities as are appropriate to the health needs of the population served.
(2) "Other health care services" means nursing home,
extended care, long-term care, outpatient, rehabilitative,
health maintenance, and ambulance services and such other
services as are appropriate to the health needs of the population served.
(3) "Public hospital district" or "district" means public
health care service district. [1997 c 332 § 15; 1982 c 84 § 12;
1974 ex.s. c 165 § 5.]
Severability—1997 c 332: See RCW 70.45.900.
70.44.010 Districts authorized. Municipal corporations, to be known as public hospital districts, are hereby
authorized and may be established within the several counties
of the state as hereinafter provided. [1947 c 225 § 1; 1945 c
70.44.010
[Title 70 RCW—page 62]
264 § 2; Rem. Supp. 1947 § 6090-31. FORMER PART OF
SECTION: 1945 c 264 § 1 now codified as RCW 70.44.005.]
70.44.015
70.44.015 Validation of existing districts. Each and
all of the respective areas of land heretofore attempted to be
organized into public hospital districts under the provisions
of this chapter are validated and declared to be duly existing
hospital districts having the respective boundaries set forth in
their organization proceedings as shown by the files in the
office of the board of county commissioners of the county in
question, and by the files of such districts. [1955 c 135 § 2.]
70.44.016
70.44.016 Validation of districts. Each and all of the
respective areas of land attempted to be organized into public
hospital districts prior to June 10, 1982, under the provisions
of chapter 70.44 RCW where the canvass of the election on
the proposition of creating a public hospital district shows the
passage of the proposition are validated and declared to be
duly existing public hospital districts having the respective
boundaries set forth in their organization proceedings as
shown by the files in the office of the legislative authority of
the county in question, and by the files of such districts.
[1982 c 84 § 10.]
70.44.020
70.44.020 Resolution—Petition for county-wide district—Conduct of elections. At any general election or at
any special election which may be called for that purpose the
county legislative authority of a county may, or on petition of
ten percent of the registered voters of the county based on the
total vote cast in the last general county election, shall, by
resolution, submit to the voters of the county the proposition
of creating a public hospital district coextensive with the limits of the county. The petition shall be filed with the county
auditor, who shall within fifteen days examine the signatures
thereon and certify to the sufficiency thereof, and for that
purpose the auditor shall have access to all registration books
in the possession of election officers in the county. If the petition is found to be insufficient, it shall be returned to the persons filing it, who may amend or add names thereto for ten
days, when it shall be returned to the auditor, who shall have
an additional fifteen days to examine it and attach the certificate thereto. No person signing the petition may withdraw his
or her name therefrom after filing. When the petition is certified as sufficient, the auditor shall forthwith transmit it,
together with the certificate of sufficiency attached thereto, to
the county legislative authority, who shall immediately transmit the proposition to the supervisor of elections or other
election officer of the county, and he shall submit the proposition to the voters at the next general election or if such petition so requests, shall call a special election on such proposition in accordance with *RCW 29.13.010 and 29.13.020. The
notice of the election shall state the boundaries of the proposed district and the object of the election, and shall in other
respects conform to the requirements of law governing the
time and manner of holding elections. In submitting the question to the voters, the proposition shall be expressed on the
ballot substantially in the following terms:
For public hospital district No. . . . .
(2004 Ed.)
Public Hospital Districts
Against public hospital district No. . . . . [1990 c 259 §
38; 1955 c 135 § 1; 1945 c 264 § 3; Rem. Supp. 1945 § 609032.]
*Reviser's note: RCW 29.13.010 and 29.13.020 were recodified as
RCW 29A.04.320 and 29A.04.330, respectively, pursuant to 2003 c 111 §
2401, effective July 1, 2004. RCW 29A.04.320 was subsequently repealed
by 2004 c 271 § 193.
70.44.028
70.44.028 Limitation on legal challenges. Unless
commenced within thirty days after the date of the filing of
the certificate of the canvass of an election on the proposition
of creating a new public hospital district pursuant to chapter
70.44 RCW, no lawsuit whatever may be maintained challenging in any way the legal existence of such district or the
validity of the proceedings had for the organization and creation thereof. If the creation of a district is not challenged
within the period specified in this section, the district conclusively shall be deemed duly and regularly organized under
the laws of this state. [1982 c 84 § 9.]
70.44.030
70.44.030 Petition for lesser district—Procedure.
Any petition for the formation of a public hospital district
may describe a less area than the entire county in which the
petition is filed, the boundaries of which shall follow the then
existing precinct boundaries and not divide any voting precinct; and in the event that such a petition is filed containing
not less than ten percent of the voters of the proposed district
who voted at the last general election, certified by the auditor
in like manner as for a county-wide district, the board of
county commissioners shall fix a date for a hearing on such
petition, and shall publish the petition, without the signatures
thereto appended, for two weeks prior to the date of the hearing, together with a notice stating the time of the meeting
when such petition will be heard. Such publications required
by this chapter shall be in a newspaper published in the proposed or established public hospital district, or, if there be no
such newspaper, then in a newspaper published in the county
in which such district is situated, and of general circulation in
such county. The hearing on such petition may be adjourned
from time to time, not exceeding four weeks in all. If upon the
final hearing the board of county commissioners shall find
that any lands have been unjustly or improperly included
within the proposed public hospital district the said board
shall change and fix the boundary lines in such manner as it
shall deem reasonable and just and conducive to the welfare
and convenience, and make and enter an order establishing
and defining the boundary lines of the proposed public hospital district: PROVIDED, That no lands shall be included
within the boundaries so fixed lying outside the boundaries
described in the petition, except upon the written request of
the owners of such lands. Thereafter the same procedure shall
be followed as prescribed in this chapter for the formation of
a public hospital district including an entire county, except
that the petition and election shall be confined solely to the
lesser public hospital district. [1945 c 264 § 4; Rem. Supp.
1945 § 6090-33.]
70.44.035
70.44.035 Petition for district lying in more than one
county—Procedure. Any petition for the formation of a
public hospital district may describe an area lying in more
than one county, the boundaries of which shall follow the
(2004 Ed.)
70.44.040
then existing precinct boundaries and not divide a voting precinct; and if a petition is filed with the county auditor of the
respective counties in which a portion of the proposed district
is located, containing not less than ten percent of the voters of
that area of each county of the proposed district who voted at
the last general election, certified by the said respective auditors in like manner as for a county-wide district, the board of
county commissioners of each of the counties in which a portion of the proposed district is located shall fix a date for a
hearing on the petition, and shall publish the petition, without
the signatures thereto appended, for two weeks prior to the
hearing, together with a notice stating the time of the meeting
when the petition will be heard. The publication required by
this chapter shall be in a newspaper published in the portion
of each county lying within the proposed district, or if there
be no such newspaper published in any such portion of a
county, then in one published in the county wherein such portion of said district is situated, and of general circulation in
the county. The hearing before the respective county commissioners may be adjourned from time to time not exceeding four weeks in all. If upon the final hearing the respective
boards of county commissioners find that any land has been
unjustly or improperly included within the proposed district
they may change and fix the boundary lines of the portion of
said district located within their respective counties in such
manner as they deem reasonable and just and conducive to
the welfare and convenience, and enter an order establishing
and defining the boundary lines of the proposed district
located within their respective counties: PROVIDED, That
no lands shall be included within the boundaries so fixed
lying outside the boundaries described in the petition, except
upon the written request of the owners of the land to be so
included. Thereafter the same procedure shall be followed as
prescribed for the formation of a district including an entire
county, except that the petition and election shall be confined
solely to the portions of each county lying within the proposed district. [1953 c 267 § 1.]
70.44.040
70.44.040 Elections—Commissioners, terms, districts. (1) The provisions of *Title 29 RCW relating to elections shall govern public hospital districts, except as provided
in this chapter.
A public hospital district shall be created when the ballot
proposition authorizing the creation of the district is
approved by a simple majority vote of the voters of the proposed district voting on the proposition and the total vote cast
upon the proposition exceeds forty percent of the total number of votes cast in the proposed district at the preceding state
general election.
A public hospital district initially may be created with
three, five, or seven commissioner districts. At the election at
which the proposition is submitted to the voters as to whether
a district shall be formed, three, five, or seven commissioners
shall be elected from either three, five, or seven commissioner districts, or at-large positions, or both, as determined
by resolution of the county commissioners of the county or
counties in which the proposed public hospital district is
located, all in accordance with RCW 70.44.054. The election
of the initial commissioners shall be null and void if the district is not authorized to be created.
[Title 70 RCW—page 63]
70.44.041
Title 70 RCW: Public Health and Safety
No primary shall be held. A special filing period shall be
opened as provided in **RCW 29.15.170 and 29.15.180. The
person receiving the greatest number of votes for the commissioner of each commissioner district or at-large position
shall be elected as the commissioner of that district. The
terms of office of the initial public hospital district commissioners shall be staggered, with the length of the terms
assigned so that the person or persons who are elected receiving the greater number of votes being assigned a longer term
or terms of office and each term of an initial commissioner
running until a successor assumes office who is elected at one
of the next three following district general elections the first
of which occurs at least one hundred twenty days after the
date of the election where voters approved the ballot proposition creating the district, as follows:
(a) If the public hospital district will have three commissioners, the successor to one initial commissioner shall be
elected at such first following district general election, the
successor to one initial commissioner shall be elected at the
second following district general election, and the successor
to one initial commissioner shall be elected at the third following district general election;
(b) If the public hospital district will have five commissioners, the successor to one initial commissioner shall be
elected at such first following district general election, the
successors to two initial commissioners shall be elected at the
second following district general election, and the successors
to two initial commissioners shall be elected at the third following district general election;
(c) If the public hospital district will have seven commissioners, the successors to two initial commissioners shall be
elected at such first following district general election, the
successors to ***three [two] initial commissioners shall be
elected at the second following district general election, and
the successors to three initial commissioners shall be elected
at the third following district general election.
The initial commissioners shall take office immediately
when they are elected and qualified. The term of office of
each successor shall be six years. Each commissioner shall
serve until a successor is elected and qualified and assumes
office in accordance with **RCW 29.04.170.
(2) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a
commissioner of the commissioner district. Voters of the
entire public hospital district may vote at a primary or general
election to elect a person as a commissioner of the commissioner district.
If the proposed public hospital district initially will have
three commissioner districts and the public hospital district is
county-wide, and if the county has three county legislative
authority districts, the county legislative authority districts
shall be used as public hospital district commissioner districts. In all other instances the county auditor of the county
in which all or the largest portion of the proposed public hospital district is located shall draw the initial public hospital
district commissioner districts and designate at-large positions, if appropriate, as provided in RCW 70.44.054. Each of
the commissioner positions shall be numbered consecutively
and associated with the commissioner district or at-large
position of the same number.
[Title 70 RCW—page 64]
The commissioners of a public hospital district that is not
coterminous with the boundaries of a county that has three
county legislative authority districts shall at the times
required in ****chapter 29.70 RCW and may from time to
time redraw commissioner district boundaries in a manner
consistent with ****chapter 29.70 RCW. [1997 c 99 § 1;
1994 c 223 § 78; 1990 c 259 § 39; 1979 ex.s. c 126 § 41; 1957
c 11 § 1; 1955 c 82 § 1; 1953 c 267 § 2; 1947 c 229 § 1; 1945
c 264 § 5; Rem. Supp. 1947 § 6090-34.]
Reviser's note: *(1) Title 29 RCW was repealed and/or recodified pursuant to 2003 c 111, effective July 1, 2004. See Title 29A RCW.
**(2) RCW 29.15.170, 29.15.180, and 29.04.170 were recodified as
RCW 29A.24.170, 29A.24.180, and 29A.20.040, respectively, pursuant to
2003 c 111 § 2401, effective July 1, 2004. RCW 29A.24.170 and
29A.24.180 were subsequently repealed by 2004 c 271 § 193.
***(3) The number of commissioners to be elected at the second following district general election appears to have been erroneously changed
from three to two in the substitute bill.
****(4) Chapter 29.70 RCW was recodified as chapter 29A.76 RCW
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Effective date—1997 c 99: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 21, 1997]." [1997 c 99 § 8.]
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
70.44.041 Validity of appointment or election of commissioners—Compliance with 1994 c 223. No appointment
to fill a vacant position on or election to the board of commissioners of any public hospital district made after June 9,
1994, and before April 21, 1997, is deemed to be invalid
solely due to the public hospital district's failure to redraw its
commissioner district boundaries if necessary to comply with
chapter 223, Laws of 1994. [1997 c 99 § 7.]
70.44.041
Effective date—1997 c 99: See note following RCW 70.44.040.
70.44.042 Commissioner districts—Resolution to
abolish—Proposition to reestablish. Notwithstanding any
provision in RCW 70.44.040 to the contrary, any board of
public hospital district commissioners may, by resolution,
abolish commissioner districts and permit candidates for any
position on the board to reside anywhere in the public hospital district.
At any general or special election which may be called
for that purpose, the board of public hospital district commissioners may, or on petition of ten percent of the voters based
on the total vote cast in the last district general election in the
public hospital district shall, by resolution, submit to the voters of the district the proposition to reestablish commissioner
districts. [1997 c 99 § 2; 1967 c 227 § 2.]
70.44.042
Effective date—1997 c 99: See note following RCW 70.44.040.
70.44.045 Commissioners—Vacancies. A vacancy in
the office of commissioner shall occur as provided in chapter
42.12 RCW or by nonattendance at meetings of the commission for sixty days, unless excused by the commission. A
vacancy shall be filled as provided in chapter 42.12 RCW.
[1994 c 223 § 79; 1982 c 84 § 13; 1955 c 82 § 2.]
70.44.045
70.44.047 Redrawn boundaries—Assignment of
commissioners to districts. If, as the result of redrawing the
boundaries of commissioner districts as permitted or required
under the provisions of this chapter, *chapter 29.70 RCW, or
70.44.047
(2004 Ed.)
Public Hospital Districts
any other statute, more than the correct number of commissioners who are associated with commissioner districts reside
in the same commissioner district, a commissioner or commissioners residing in that redrawn commissioner district
equal in number to the number of commissioners in excess of
the correct number shall be assigned to the drawn commissioner district or districts in which less than the correct number of commissioners associated with commissioner districts
reside. The commissioner or commissioners who are so
assigned shall be those with the shortest unexpired term or
terms of office, but if the number of such commissioners with
the same terms of office exceeds the number that are to be
assigned, the board of commissioners shall select by lot from
those commissioners which one or ones are assigned. A commissioner who is so assigned shall be deemed to be a resident
of the commissioner district to which he or she is assigned for
purposes of determining whether a position is vacant. [1997
c 99 § 6.]
*Reviser's note: Chapter 29.70 RCW was recodified as chapter 29A.76
RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Effective date—1997 c 99: See note following RCW 70.44.040.
70.44.050
70.44.050 Commissioners—Compensation and
expenses—Insurance—Resolutions by majority vote—
Officers—Rules—Seal—Records. A district shall provide
by resolution for the payment of compensation to each of its
commissioners at a rate of seventy dollars for each day or
portion thereof devoted to the business of the district, and
days upon which he or she attends meetings of the commission of his or her own district, or meetings attended by one or
more commissioners of two or more districts called to consider business common to them, except that the total compensation paid to such commissioner during any one year shall
not exceed six thousand seven hundred twenty dollars. The
commissioners may not be compensated for services performed of a ministerial or professional nature.
Any commissioner may waive all or any portion of his or
her compensation payable under this section as to any month
or months during his or her term of office, by a written waiver
filed with the district as provided in this section. The waiver,
to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the
month or period of months for which it is made.
Any district providing group insurance for its employees, covering them, their immediate family, and dependents,
may provide insurance for its commissioners with the same
coverage. Each commissioner shall be reimbursed for reasonable expenses actually incurred in connection with such business and meetings, including his or her subsistence and lodging and travel while away from his or her place of residence.
No resolution shall be adopted without a majority vote of the
whole commission. The commission shall organize by election of its own members of a president and secretary, shall by
resolution adopt rules governing the transaction of its business and shall adopt an official seal. All proceedings of the
commission shall be by motion or resolution recorded in a
book or books kept for such purpose, which shall be public
records. [1998 c 121 § 7; 1985 c 330 § 7; 1982 c 84 § 14;
1975 c 42 § 1; 1965 c 157 § 1; 1945 c 264 § 15; Rem. Supp.
1945 § 6090-44.]
(2004 Ed.)
70.44.056
70.44.053
70.44.053 Increase in number of commissioners—
Proposition to voters. At any general or special election
which may be called for that purpose the board of public hospital district commissioners may, or on petition of ten percent
of the voters based on the total vote cast in the last district
general election in the public hospital district shall, by resolution, submit to the voters of the district the proposition
increasing the number of commissioners to either five or
seven members. The petition or resolution shall specify
whether it is proposed to increase the number of commissioners to either five or seven members. [1997 c 99 § 3; 1994 c
223 § 80; 1967 c 77 § 2.]
Effective date—1997 c 99: See note following RCW 70.44.040.
70.44.054
70.44.054 Increase in number of commissioners—
Commissioner districts. If the voters of the district approve
the ballot proposition authorizing the increase in the number
of commissioners to either five or seven members, the additional commissioners shall be elected at large from the entire
district; provided that, the board of commissioners of the district may by resolution redistrict the public hospital district
into five commissioner districts if the district has five commissioners or seven commissioner districts if the district has
seven commissioners. The board of commissioners shall
draw the boundaries of each commissioner district to include
as nearly as possible equal portions of the total population of
the public hospital district.
If the board of commissioners increases the number of
commissioner districts as provided in this section, one commissioner shall be elected from each commissioner district,
and no commissioner may be elected from a commissioner
district in which another commissioner resides. [1997 c 99 §
4.]
Effective date—1997 c 99: See note following RCW 70.44.040.
70.44.056
70.44.056 Increase in number of commissioners—
Appointments—Election—Terms. In all existing public
hospital districts in which an increase in the number of district commissioners is proposed, the additional commissioner
positions shall be deemed to be vacant and the board of commissioners of the public hospital district shall appoint qualified persons to fill those vacancies in accordance with RCW
42.12.070.
Each person who is appointed shall serve until a qualified person is elected at the next general election of the district occurring one hundred twenty days or more after the date
of the election at which the voters of the district approved the
ballot proposition authorizing the increase in the number of
commissioners. If needed, special filing periods shall be
authorized as provided in *RCW 29.15.170 and 29.15.180
for qualified persons to file for the vacant office. A primary
shall be held to nominate candidates if sufficient time exists
to hold a primary and more than two candidates file for the
vacant office. Otherwise, no primary shall be held and the
candidate receiving the greatest number of votes for each
position shall be elected. Except for the initial terms of office,
persons elected to each of these additional commissioner
positions shall be elected to a six-year term. The newly
elected commissioners shall assume office as provided in
*RCW 29.04.170.
[Title 70 RCW—page 65]
70.44.059
Title 70 RCW: Public Health and Safety
The initial terms of the new commissioners shall be staggered as follows: (1) When the number of commissioners is
increased from three to five, the person elected receiving the
greatest number of votes shall be elected to a six-year term of
office, and the other person shall be elected to a four-year
term; (2) when the number of commissioners is increased
from three or five to seven, the terms of the new commissioners shall be staggered over the next three district general elections so that two commissioners will be elected at the first
district general election following the election where the
additional commissioners are elected, two commissioners
will be at the second district general election after the election
of the additional commissioners, and three commissioners
will be elected at the third district general election following
the election of the additional commissioners, with the persons
elected receiving the greatest number of votes elected to
serve the longest terms. [1997 c 99 § 5.]
*Reviser's note: RCW 29.15.170, 29.15.180, and 29.04.170 were
recodified as RCW 29A.24.170, 29A.24.180, and 29A.20.040, respectively,
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.24.170 and
29A.24.180 were subsequently repealed by 2004 c 271 § 193.
Effective date—1997 c 99: See note following RCW 70.44.040.
70.44.059
70.44.059 Chaplains—Authority to employ. Public
hospital districts may employ chaplains for their hospitals,
health care facilities, and hospice programs. [1993 c 234 §
1.]
Contingent effective date—1993 c 234: "This act shall take effect on
January 1, 1994, if the proposed amendment to Article I, section 11 of the
state Constitution authorizing the legislature to permit public hospital districts to employ chaplains is validly submitted to and is approved and ratified
by the voters at the next general election held. If the proposed amendment is
not so approved and ratified, this act is void in its entirety." [1993 c 234 § 2.]
House Joint Resolution No. 4200 was approved by the voters on November
2, 1993.
70.44.060
70.44.060 Powers and duties. All public hospital districts organized under the provisions of this chapter shall
have power:
(1) To make a survey of existing hospital and other
health care facilities within and without such district.
(2) To construct, condemn and purchase, purchase,
acquire, lease, add to, maintain, operate, develop and regulate, sell and convey all lands, property, property rights,
equipment, hospital and other health care facilities and systems for the maintenance of hospitals, buildings, structures,
and any and all other facilities, and to exercise the right of
eminent domain to effectuate the foregoing purposes or for
the acquisition and damaging of the same or property of any
kind appurtenant thereto, and such right of eminent domain
shall be exercised and instituted pursuant to a resolution of
the commission and conducted in the same manner and by the
same procedure as in or may be provided by law for the exercise of the power of eminent domain by incorporated cities
and towns of the state of Washington in the acquisition of
property rights: PROVIDED, That no public hospital district
shall have the right of eminent domain and the power of condemnation against any health care facility.
(3) To lease existing hospital and other health care facilities and equipment and/or other property used in connection
therewith, including ambulances, and to pay such rental
therefor as the commissioners shall deem proper; to provide
[Title 70 RCW—page 66]
hospital and other health care services for residents of said
district by facilities located outside the boundaries of said
district, by contract or in any other manner said commissioners may deem expedient or necessary under the existing conditions; and said hospital district shall have the power to contract with other communities, corporations, or individuals for
the services provided by said hospital district; and they may
further receive in said hospitals and other health care facilities and furnish proper and adequate services to all persons
not residents of said district at such reasonable and fair compensation as may be considered proper: PROVIDED, That it
must at all times make adequate provision for the needs of the
district and residents of said district shall have prior rights to
the available hospital and other health care facilities of said
district, at rates set by the district commissioners.
(4) For the purpose aforesaid, it shall be lawful for any
district so organized to take, condemn and purchase, lease, or
acquire, any and all property, and property rights, including
state and county lands, for any of the purposes aforesaid, and
any and all other facilities necessary or convenient, and in
connection with the construction, maintenance, and operation
of any such hospitals and other health care facilities, subject,
however, to the applicable limitations provided in subsection
(2) of this section.
(5) To contract indebtedness or borrow money for corporate purposes on the credit of the corporation or the revenues
of the hospitals thereof, and the revenues of any other facilities or services that the district is or hereafter may be authorized by law to provide, and to issue and sell: (a) Revenue
bonds, revenue warrants, or other revenue obligations therefor payable solely out of a special fund or funds into which
the district may pledge such amount of the revenues of the
hospitals thereof, and the revenues of any other facilities or
services that the district is or hereafter may be authorized by
law to provide, to pay the same as the commissioners of the
district may determine, such revenue bonds, warrants, or
other obligations to be issued and sold in the same manner
and subject to the same provisions as provided for the issuance of revenue bonds, warrants, or other obligations by cities or towns under the Municipal Revenue Bond Act, chapter
35.41 RCW, as may hereafter be amended; (b) general obligation bonds therefor in the manner and form as provided in
RCW 70.44.110 and 70.44.130, as may hereafter be
amended; or (c) interest-bearing warrants to be drawn on a
fund pending deposit in such fund of money sufficient to
redeem such warrants and to be issued and paid in such manner and upon such terms and conditions as the board of commissioners may deem to be in the best interest of the district;
and to assign or sell hospital accounts receivable, and
accounts receivable for the use of other facilities or services
that the district is or hereafter may be authorized by law to
provide, for collection with or without recourse. General
obligation bonds shall be issued and sold in accordance with
chapter 39.46 RCW. Revenue bonds, revenue warrants, or
other revenue obligations may be issued and sold in accordance with chapter 39.46 RCW.
(6) To raise revenue by the levy of an annual tax on all
taxable property within such public hospital district not to
exceed fifty cents per thousand dollars of assessed value, and
an additional annual tax on all taxable property within such
public hospital district not to exceed twenty-five cents per
(2004 Ed.)
Public Hospital Districts
thousand dollars of assessed value, or such further amount as
has been or shall be authorized by a vote of the people.
Although public hospital districts are authorized to impose
two separate regular property tax levies, the levies shall be
considered to be a single levy for purposes of the limitation
provided for in chapter 84.55 RCW. Public hospital districts
are authorized to levy such a general tax in excess of their
regular property taxes when authorized so to do at a special
election conducted in accordance with and subject to all of
the requirements of the Constitution and the laws of the state
of Washington now in force or hereafter enacted governing
the limitation of tax levies. The said board of district commissioners is authorized and empowered to call a special
election for the purpose of submitting to the qualified voters
of the hospital district a proposition or propositions to levy
taxes in excess of its regular property taxes. The superintendent shall prepare a proposed budget of the contemplated
financial transactions for the ensuing year and file the same in
the records of the commission on or before the first day of
November. Notice of the filing of said proposed budget and
the date and place of hearing on the same shall be published
for at least two consecutive weeks, at least one time each
week, in a newspaper printed and of general circulation in
said county. On or before the fifteenth day of November the
commission shall hold a public hearing on said proposed
budget at which any taxpayer may appear and be heard
against the whole or any part of the proposed budget. Upon
the conclusion of said hearing, the commission shall, by resolution, adopt the budget as finally determined and fix the
final amount of expenditures for the ensuing year. Taxes levied by the commission shall be certified to and collected by
the proper county officer of the county in which such public
hospital district is located in the same manner as is or may be
provided by law for the certification and collection of port
district taxes. The commission is authorized, prior to the
receipt of taxes raised by levy, to borrow money or issue warrants of the district in anticipation of the revenue to be
derived by such district from the levy of taxes for the purpose
of such district, and such warrants shall be redeemed from the
first money available from such taxes when collected, and
such warrants shall not exceed the anticipated revenues of
one year, and shall bear interest at a rate or rates as authorized
by the commission.
(7) To enter into any contract with the United States government or any state, municipality, or other hospital district,
or any department of those governing bodies, for carrying out
any of the powers authorized by this chapter.
(8) To sue and be sued in any court of competent jurisdiction: PROVIDED, That all suits against the public hospital district shall be brought in the county in which the public
hospital district is located.
(9) To pay actual necessary travel expenses and living
expenses incurred while in travel status for (a) qualified physicians or other health care practitioners who are candidates
for medical staff positions, and (b) other qualified persons
who are candidates for superintendent or other managerial
and technical positions, which expenses may include
expenses incurred by family members accompanying the
candidate, when the district finds that hospitals or other
health care facilities owned and operated by it are not adequately staffed and determines that personal interviews with
(2004 Ed.)
70.44.062
said candidates to be held in the district are necessary or
desirable for the adequate staffing of said facilities.
(10) To employ superintendents, attorneys, and other
technical or professional assistants and all other employees;
to make all contracts useful or necessary to carry out the provisions of this chapter, including, but not limited to, (a) contracts with private or public institutions for employee retirement programs, and (b) contracts with current or prospective
employees, physicians, or other health care practitioners providing for the payment or reimbursement by the public hospital district of health care training or education expenses,
including but not limited to debt obligations, incurred by current or prospective employees, physicians, or other health
care practitioners in return for their agreement to provide services beneficial to the public hospital district; to print and
publish information or literature; and to do all other things
necessary to carry out the provisions of this chapter. [2003 c
125 § 1; 2001 c 76 § 1; 1997 c 3 § 206 (Referendum Bill No.
47, approved November 4, 1997); 1990 c 234 § 2; 1984 c 186
§ 59; 1983 c 167 § 172; 1982 c 84 § 15; 1979 ex.s. c 155 § 1;
1979 ex.s. c 143 § 4; 1977 ex.s. c 211 § 1; 1974 ex.s. c 165 §
2; 1973 1st ex.s. c 195 § 83; 1971 ex.s. c 218 § 2; 1970 ex.s.
c 56 § 85; 1969 ex.s. c 65 § 1; 1967 c 164 § 7; 1965 c 157 §
2; 1949 c 197 § 18; 1945 c 264 § 6; Rem. Supp. 1949 § 609035.]
Intent—1997 c 3 §§ 201-207: See note following RCW 84.55.010.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1979 ex.s. c 155: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 155 § 3.]
Severability—1979 ex.s. c 143: See note following RCW 70.44.200.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Eminent domain
by cities: Chapter 8.12 RCW.
generally: State Constitution Art. 1 § 16.
Limitation on levies: State Constitution Art. 7 § 2; RCW 84.52.050.
Port districts, collection of taxes: RCW 53.36.020.
Tortious conduct of political subdivisions, municipal corporations and
quasi-municipal corporations, liability for damages: Chapter 4.96
RCW.
70.44.062
70.44.062 Commissioners' meetings, proceedings,
and deliberations concerning health care providers' clinical or staff privileges to be confidential—Final action in
public session. All meetings, proceedings, and deliberations
of the board of commissioners, its staff or agents, concerning
the granting, denial, revocation, restriction, or other consideration of the status of the clinical or staff privileges of a physician or other health care provider as that term is defined in
RCW 7.70.020, if such other providers at the discretion of the
district's commissioners are considered for such privileges,
shall be confidential and may be conducted in executive session: PROVIDED, That the final action of the board as to the
[Title 70 RCW—page 67]
70.44.065
Title 70 RCW: Public Health and Safety
denial, revocation, or restriction of clinical or staff privileges
of a physician or other health care provider as defined in
RCW 7.70.020 shall be done in public session. [1985 c 166
§ 1.]
70.44.065
70.44.065 Levy for emergency medical care and services. See RCW 84.52.069.
70.44.067
70.44.067 Community revitalization financing—
Public improvements. In addition to other authority that a
public hospital district possesses, a public hospital district
may provide any public improvement as defined under RCW
39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050.
This section does not limit the authority of a public hospital district to otherwise participate in the public improvements if that authority exists elsewhere. [2001 c 212 § 22.]
Severability—2001 c 212: See RCW 39.89.902.
(a) To carry out the orders of the commission, and to see
that all the laws of the state pertaining to matters within the
functions of the district are duly enforced.
(b) To keep the commission fully advised as to the financial condition and needs of the district. To prepare, each year,
an estimate for the ensuing fiscal year of the probable
expenses of the district, and to recommend to the commission
what development work should be undertaken, and what
extensions and additions, if any, should be made, during the
ensuing fiscal year, with an estimate of the costs of such
development work, extensions and additions. To certify to
the commission all the bills, allowances and payrolls, including claims due contractors of public works. To recommend to
the commission a range of salaries to be paid to district
employees.
(2) Where the commission has appointed more than one
superintendent as provided in RCW 70.44.070, the commission shall assign among the superintendents the duties set
forth in this section as deemed appropriate by the commission. [1987 c 58 § 3; 1982 c 84 § 18; 1945 c 264 § 11; Rem.
Supp. 1945 § 6090-40.]
70.44.070
7 0 . 4 4. 07 0 Su pe r in t e n de nt — Ap po i nt m e n t —
Removal—Compensation. (1) The public hospital district
commission shall appoint a superintendent, who shall be
appointed for an indefinite time and be removable at the will
of the commission. Appointments and removals shall be by
resolution, introduced at a regular meeting and adopted at a
subsequent regular meeting by a majority vote. The superintendent shall receive such compensation as the commission
shall fix by resolution.
(2) Where a public hospital district operates more than
one hospital, the commission may in its discretion appoint up
to one superintendent per hospital and assign among the
superintendents the powers and duties set forth in RCW
70.44.080 and 70.44.090 as deemed appropriate by the commission. [1987 c 58 § 1; 1982 c 84 § 16; 1945 c 264 § 7;
Rem. Supp. 1945 § 6090-36.]
70.44.080
70.44.080 Superintendent—Powers. (1) The superintendent shall be the chief administrative officer of the public
district hospital and shall have control of administrative functions of the district. The superintendent shall be responsible
to the commission for the efficient administration of all
affairs of the district. In case of the absence or temporary disability of the superintendent a competent person shall be
appointed by the commission. The superintendent shall be
entitled to attend all meetings of the commission and its committees and to take part in the discussion of any matters pertaining to the district, but shall have no vote.
(2) Where the commission has appointed more than one
superintendent as provided in RCW 70.44.070, the commission shall assign among the superintendents the powers set
forth in this section as deemed appropriate by the commission. [1987 c 58 § 2; 1982 c 84 § 17; 1945 c 264 § 9; Rem.
Supp. 1945 § 6090-38.]
70.44.090
70.44.090 Superintendent—Duties. (1) The public
hospital district superintendent shall have the power, and
duty:
[Title 70 RCW—page 68]
70.44.110
70.44.110 Plan to construct or improve—General
obligation bonds. Whenever the commission deems it
advisable that the district acquire or construct a public hospital, or other health care facilities, or make additions or betterments thereto, or extensions thereof, it shall provide therefor
by resolution, which shall specify and adopt the plan proposed, declare the estimated cost thereof, and specify the
amount of indebtedness to be incurred therefor. General
indebtedness may be incurred by the issuance of general obligation bonds or short-term obligations in anticipation of such
bonds. General obligation bonds shall mature in not to exceed
thirty years. The incurring of such indebtedness shall be subject to the applicable limitations and requirements provided
in section 1, chapter 143, Laws of 1917, as last amended by
section 4, chapter 107, Laws of 1967, and RCW 39.36.020, as
now or hereafter amended. Such general obligation bonds
shall be issued and sold in accordance with chapter 39.46
RCW. [1984 c 186 § 60; 1974 ex.s. c 165 § 3; 1969 ex.s. c 65
§ 2; 1955 c 56 § 1; 1945 c 264 § 12; Rem. Supp. 1945 § 609041.]
Purpose—1984 c 186: See note following RCW 39.46.110.
70.44.130
70.44.130 Bonds—Payment—Security for deposits.
The principal and interest of such general bonds shall be paid
by levying each year a tax upon the taxable property within
the district sufficient, together with other revenues of the district available for such purpose, to pay said interest and principal of said bonds, which tax shall be due and collectible as
any other tax. All bonds and warrants issued under the
authority of this chapter shall be legal securities, which may
be used by any bank or trust company for deposit with the
state treasurer, or any county or city treasurer, as security for
deposits, in lieu of a surety bond, under any law relating to
deposits of public moneys. [1984 c 186 § 61; 1971 ex.s. c
218 § 3; 1945 c 264 § 14; Rem. Supp. 1945 § 6090-43.]
Purpose—1984 c 186: See note following RCW 39.46.110.
(2004 Ed.)
Public Hospital Districts
70.44.140
70.44.140 Contracts for material and work—Call for
bids—Alternative procedures—Exemptions. (1) All
materials purchased and work ordered, the estimated cost of
which is in excess of fifty thousand dollars, shall be by contract. Before awarding any such contract, the commission
shall publish a notice at least thirteen days before the last date
upon which bids will be received, inviting sealed proposals
for such work. The plans and specifications must at the time
of the publication of such notice be on file at the office of the
public hospital district, subject to public inspection: PROVIDED, HOWEVER, That the commission may at the same
time, and as part of the same notice, invite tenders for the
work or materials upon plans and specifications to be submitted by bidders. The notice shall state generally the work to be
done, and shall call for proposals for doing the same, to be
sealed and filed with the commission on or before the day and
hour named therein. Each bid shall be accompanied by bid
proposal security in the form of a certified check, cashier's
check, postal money order, or surety bond made payable to
the order of the commission, for a sum not less than five percent of the amount of the bid, and no bid shall be considered
unless accompanied by such bid proposal security. At the
time and place named, such bids shall be publicly opened and
read, and the commission shall proceed to canvass the bids,
and may let such contract to the lowest responsible bidder
upon plans and specifications on file, or to the best bidder
submitting his or her own plans and specifications: PROVIDED, HOWEVER, That no contract shall be let in excess
of the estimated cost of the materials or work, or if, in the
opinion of the commission, all bids are unsatisfactory, they
may reject all of them and readvertise, and in such case all bid
proposal security shall be returned to the bidders. If the contract is let, then all bid proposal security shall be returned to
the bidders, except that of the successful bidder, which is
retained until a contract shall be entered into for the purchase
of such materials for doing such work, and a bond to perform
such work furnished, with sureties satisfactory to the commission, in an amount to be fixed by the commission, not less
than twenty-five percent of contract price in any case,
between the bidder and commission, in accordance with the
bid. If such bidder fails to enter into the contract in accordance with the bid and furnish such bond within ten days
from the date at which the bidder is notified that he or she is
the successful bidder, the bid proposal security and the
amount thereof shall be forfeited to the public hospital district. A low bidder who claims error and fails to enter into a
contract is prohibited from bidding on the same project if a
second or subsequent call for bids is made for the project.
(2) As an alternative to the requirements of subsection
(1) of this section, a public hospital district may let contracts
using the small works roster process under RCW 39.04.155.
(3) Any purchases with an estimated cost of up to fifteen
thousand dollars may be made using the process provided in
RCW 39.04.190.
(4) The commission may waive the competitive bidding
requirements of this section pursuant to RCW 39.04.280 if an
exemption contained within that section applies to the purchase or public work. [2002 c 106 § 1; 2000 c 138 § 213;
1999 c 99 § 1; 1998 c 278 § 9; 1996 c 18 § 15; 1993 c 198 §
22; 1965 c 83 § 1; 1945 c 264 § 17; Rem. Supp. 1945 § 609046.]
(2004 Ed.)
70.44.185
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Contractor's bond: Chapter 39.08 RCW.
Lien on public works, retained percentage of contractor's earnings: Chapter
60.28 RCW.
70.44.171
70.44.171 Treasurer—Duties—Funds—Depositaries—Surety bonds, cost. The treasurer of the county in
which a public hospital district is located shall be treasurer of
the district, except that the commission by resolution may
designate some other person having experience in financial
or fiscal matters as treasurer of the district. If the treasurer is
not the county treasurer, the commission shall require a bond,
with a surety company authorized to do business in the state
of Washington, in an amount and under the terms and conditions which the commission by resolution from time to time
finds will protect the district against loss. The premium on
any such bond shall be paid by the district.
All district funds shall be paid to the treasurer and shall
be disbursed by him only on warrants issued by an auditor
appointed by the commission, upon orders or vouchers
approved by it. The treasurer shall establish a public hospital
district fund, into which shall be paid all district funds, and he
shall maintain such special funds as may be created by the
commission, into which he shall place all money as the commission may, by resolution, direct.
If the treasurer of the district is the treasurer of the
county all district funds shall be deposited with the county
depositaries under the same restrictions, contracts, and security as provided for county depositaries. If the treasurer of the
district is some other person, all funds shall be deposited in
such bank or banks authorized to do business in this state as
the commission by resolution shall designate, and with surety
bond to the district or securities in lieu thereof of the kind, no
less in amount, as provided in *RCW 36.48.020 for deposit
of county funds. Such surety bond or securities in lieu thereof
shall be filed or deposited with the treasurer of the district,
and approved by resolution of the commission.
All interest collected on district funds shall belong to the
district and be deposited to its credit in the proper district
funds.
A district may provide and require a reasonable bond of
any other person handling moneys or securities of the district.
The district may pay the premium on such bond. [1967 c 227
§ 1.]
*Reviser's note: RCW 36.48.020 was repealed by 1984 c 177 § 21.
70.44.185
70.44.185 Change of district boundary lines to allow
farm units to be wholly within one hospital district—
Notice. Notwithstanding any other provision of law, including RCW 70.44.040, whenever the boundary line between
contiguous hospital districts bisects an irrigation block unit
placing part of the unit in one hospital district and the balance
thereof in another such district, the county auditor, upon his
approval of a request therefor after public hearing thereon,
shall change the hospital district boundary lines so that the
entire farm unit of the person so requesting shall be wholly in
one of such hospital districts and give notice thereof to those
hospital district and county officials as he shall deem appropriate therefor. [1971 ex.s. c 218 § 4.]
[Title 70 RCW—page 69]
70.44.190
Title 70 RCW: Public Health and Safety
70.44.190
70.44.190 Consolidation of districts. Two or more
contiguous hospital districts, whether the territory therein lies
in one or more counties, may consolidate by following the
procedure outlined in chapter 35.10 RCW with reference to
consolidation of cities and towns. [1953 c 267 § 3.]
70.44.200
70.44.200 Annexation of territory. (1) A public hospital district may annex territory outside the existing boundaries of such district and contiguous thereto, whether the territory lies in one or more counties, in accordance with this
section.
(2) A petition for annexation of territory contiguous to a
public hospital district may be filed with the commission of
the district to which annexation is proposed. The petition
must be signed by the owners, as prescribed by RCW
35A.01.040(9) (a) through (e), of not less than sixty percent
of the area of land within the territory proposed to be
annexed. Such petition shall describe the boundaries of the
territory proposed to be annexed and shall be accompanied
by a map which outlines the boundaries of such territory.
(3) Whenever such a petition for annexation is filed with
the commission of a public hospital district, the commission
may entertain the same, fix a date for public hearing thereon,
and cause notice of the hearing to be published once a week
for at least two consecutive weeks in a newspaper of general
circulation within the territory proposed to be annexed. The
notice shall also be posted in three public places within the
territory proposed to be annexed, shall contain a description
of the boundaries of such territory, and shall specify the time
and place of hearing and invite interested persons to appear
and voice approval or disapproval of the annexation.
(4) Following the hearing, if the commission of the district determines to accomplish the annexation, it shall do so
by resolution. The resolution may annex all or any portion of
the proposed territory but may not include in the annexation
any property not described in the petition. Upon passage of
the annexation resolution, the territory annexed shall become
part of the district and a certified copy of such resolution shall
be filed with the legislative authority of the county or counties in which the annexed property is located.
(5) If the petition for annexation and the annexation resolution so provide, as the commission may require, and such
petition has been signed by the owners of all the land within
the boundaries of the territory being annexed, the annexed
property shall assume and be assessed and taxed to pay for all
or any portion of the outstanding indebtedness of the district
to which it is annexed at the same rates as other property
within such district. Unless so provided in the petition and
resolution, property within the boundaries of the territory
annexed shall not be assessed or taxed to pay for all or any
portion of the indebtedness of the district to which it is
annexed that was contracted prior to or which existed at the
date of annexation. In no event shall any such annexed property be released from any assessments or taxes previously
levied against it or from its existing liability for the payment
of outstanding bonds or warrants issued prior to such annexation.
(6) The annexation procedure provided for in this section
shall be an alternative method of annexation applicable only
if at the time the annexation petition is filed either there are
no registered voters residing in the territory proposed to be
[Title 70 RCW—page 70]
annexed or the petition is also signed by all of the registered
voters residing in the territory proposed to be annexed. [1993
c 489 § 1; 1979 ex.s. c 143 § 1; 1953 c 267 § 4.]
Severability—1979 ex.s. c 143: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 143 § 3.]
70.44.210
70.44.210 Alternate method of annexation—Contents of resolution calling for election. As an alternate
method of annexation to public hospital districts, any territory adjacent to a public hospital district may be annexed
thereto by vote of the qualified electors residing in the territory to be annexed, in the manner provided in RCW
70.44.210 through 70.44.230. An election to annex such territory may be called pursuant to a resolution calling for such
an election adopted by the district commissioners.
Any resolution calling for such an election shall describe
the boundaries of the territory to be annexed, state that the
annexation of such territory to the public hospital district will
be conducive to the welfare and benefit of the persons or
property within the district and within the territory proposed
to be annexed, and fix the date, time and place for a public
hearing thereon which date shall be not more than sixty nor
less than forty days following the adoption of such resolution.
[1967 c 227 § 6.]
70.44.220
70.44.220 Alternate method of annexation—Publication and contents of notice of hearing—Hearing—Resolution—Special election. Notice of such hearing shall be published once a week for at least two consecutive weeks in one
or more newspapers of general circulation within the territory
proposed to be annexed. The notice shall contain a description of the boundaries of the territory proposed to be annexed
and shall state the time and place of the hearing thereon and
the fact that any changes in the boundaries of such territory
will be considered at such time and place. At such hearing or
any continuation thereof, any interested person may appear
and be heard on all matters relating to the proposed annexation. The district commissioners may make such changes in
the boundaries of the territory proposed to be annexed as it
shall deem reasonable and proper, but may not delete any
portion of the proposed area which will create an island of
included or excluded lands. If the district commissioners
shall determine that any additional territory should be
included in the territory to be annexed, a second hearing shall
be held and notice given in the same manner as for the original hearing. The district commissioners may adjourn the
hearing on the proposed annexation from time to time not
exceeding thirty days in all. At the next regular meeting following the conclusion of such hearing, the district commissioners shall, if it finds that the annexation of such territory
will be conducive to the welfare and benefit of the persons
and property therein and the welfare and benefit of the persons and property within the public hospital district, adopt a
resolution fixing the boundaries of the territory to be annexed
and causing to be called a special election on such annexation
to be held not more than one hundred twenty days nor less
than sixty days following the adoption of such resolution.
[1967 c 227 § 7.]
(2004 Ed.)
Public Hospital Districts
70.44.230
70.44.230 Alternate method of annexation—Conduct
and canvass of election—Notice—Ballot. An election on
the annexation of territory to a public hospital district shall be
conducted and canvassed in the same manner as provided for
the conduct of an election on the formation of a public hospital district except that notice of such election shall be published in one or more newspapers of general circulation in the
territory proposed to be annexed and the ballot proposition
shall be in substantially the following form:
ANNEXATION TO (herein insert name of public
hospital district)
"Shall the territory described in a resolution of
the public hospital district commissioners of (here
insert name of public hospital district) adopted on
. . . ., . . . . . ., 19. . ., be annexed to such district?
YES . . . . . . . . . . . . . . . . . . . . . .
NO . . . . . . . . . . . . . . . . . . . . . . .
'
'"
If a majority of those voting on such proposition vote in favor
thereof, the territory shall thereupon be annexed to the public
hospital district. [1967 c 227 § 8.]
70.44.235
70.44.235 Withdrawal or reannexation of areas. (1)
As provided in this section, a public hospital district may
withdraw areas from its boundaries, or reannex areas into the
public hospital district that previously had been withdrawn
from the public hospital district under this section.
(2) The withdrawal of an area shall be authorized upon:
(a) Adoption of a resolution by the hospital district commissioners requesting the withdrawal and finding that, in the
opinion of the commissioners, inclusion of this area within
the public hospital district will result in a reduction of the district's tax levy rate under the provisions of RCW 84.52.010;
and (b) adoption of a resolution by the city or town council
approving the withdrawal, if the area is located within the
city or town, or adoption of a resolution by the county legislative authority of the county within which the area is located
approving the withdrawal, if the area is located outside of a
city or town. A withdrawal shall be effective at the end of the
day on the thirty-first day of December in the year in which
the resolutions are adopted, but for purposes of establishing
boundaries for property tax purposes, the boundaries shall be
established immediately upon the adoption of the second resolution.
The withdrawal of an area from the boundaries of a public hospital district shall not exempt any property therein
from taxation for the purpose of paying the costs of redeeming any indebtedness of the public hospital district existing at
the time of the withdrawal.
(3) An area that has been withdrawn from the boundaries
of a public hospital district under this section may be reannexed into the public hospital district upon: (a) Adoption of
a resolution by the hospital district commissioners proposing
the reannexation; and (b) adoption of a resolution by the city
or town council approving the reannexation, if the area is
located within the city or town, or adoption of a resolution by
the county legislative authority of the county within which
the area is located approving the reannexation, if the area is
located outside of a city or town. The reannexation shall be
effective at the end of the day on the thirty-first day of
(2004 Ed.)
70.44.260
December in the year in which the adoption of the second resolution occurs, but for purposes of establishing boundaries
for property tax purposes, the boundaries shall be established
immediately upon the adoption of the second resolution. Referendum action on the proposed reannexation may be taken
by the voters of the area proposed to be reannexed if a petition calling for a referendum is filed with the city or town
council, or county legislative authority, within a thirty-day
period after the adoption of the second resolution, which petition has been signed by registered voters of the area proposed
to be reannexed equal in number to ten percent of the total
number of the registered voters residing in that area.
If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions
shall be held in abeyance and a ballot proposition to authorize
the reannexation shall be submitted to the voters of the area at
the next special election date specified in *RCW 29.13.020
that occurs forty-five or more days after the petitions have
been validated. Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize
the reannexation. [1987 c 138 § 4.]
*Reviser's note: As enacted by 1987 c 138 § 4, this section contained
an apparently erroneous reference to RCW 29.13.030, a section repealed in
1965. Pursuant to RCW 1.08.015, this reference has been changed to RCW
29.13.020, a later enactment of the section repealed. RCW 29.13.020 was
subsequently recodified as RCW 29A.04.330 pursuant to 2003 c 111 § 2401,
effective July 1, 2004.
70.44.240
70.44.240 Contracting or joining with other districts,
hospitals, corporations, or individuals to provide services
or facilities. Any public hospital district may contract or join
with any other public hospital district, publicly owned hospital, nonprofit hospital, legal entity, or individual to acquire,
own, operate, manage, or provide any hospital or other health
care facilities or hospital services or other health care services
to be used by individuals, districts, hospitals, or others,
including providing health maintenance services. If a public
hospital district chooses to contract or join with another party
or parties pursuant to the provisions of this chapter, it may do
so through establishing a nonprofit corporation, partnership,
limited liability company, or other legal entity of its choosing
in which the public hospital district and the other party or parties participate. The governing body of such legal entity shall
include representatives of the public hospital district, which
representatives may include members of the public hospital
district's board of commissioners. A public hospital district
contracting or joining with another party pursuant to the provisions of this chapter may appropriate funds and may sell,
lease, or otherwise provide property, personnel, and services
to the legal entity established to carry out the contract or joint
activity. [2004 c 261 § 7; 1997 c 332 § 16; 1982 c 84 § 19;
1974 ex.s. c 165 § 4; 1967 c 227 § 3.]
Severability—1997 c 332: See RCW 70.45.900.
70.44.260
70.44.260 Contracts for purchase of real or personal
property. Any public hospital district may execute an executory conditional sales contract with any other municipal corporation, the state, or any of its political subdivisions, the
government of the United States, or any private party for the
purchase of any real or personal property, or property rights,
in connection with the exercise of any powers or duties which
[Title 70 RCW—page 71]
70.44.300
Title 70 RCW: Public Health and Safety
such districts now or hereafter are authorized to exercise, if
the entire amount of the purchase price specified in such contract does not result in a total indebtedness in excess of the
limitation imposed by RCW 39.36.020, as now or hereafter
amended, to be incurred without the assent of the voters of
the district: PROVIDED, That if such a proposed contract
would result in a total indebtedness in excess of three-fourths
of one percent of the value of taxable property in such public
hospital district, a proposition in regard to whether or not
such a contract may be executed shall be submitted to the voters for approval or rejection in the same manner that bond
issues for capital purposes are submitted to the voters. The
term "value of taxable property" shall have the meaning set
forth in RCW 39.36.015. [1975-'76 2nd ex.s. c 78 § 1.]
70.44.300
70.44.300 Sale of surplus real property. (1) The board
of commissioners of any public hospital district may sell and
convey at public or private sale real property of the district if
the board determines by resolution that the property is no
longer required for public hospital district purposes or determines by resolution that the sale of the property will further
the purposes of the public hospital district.
(2) Any sale of district real property authorized pursuant
to this section shall be preceded, not more than one year prior
to the date of sale, by market value appraisals by three
licensed real estate brokers or professionally designated real
estate appraisers as defined in RCW 74.46.020 or three independent experts in valuing health care property, selected by
the board of commissioners, and no sale shall take place if the
sale price would be less than ninety percent of the average of
such appraisals.
(3) When the board of commissioners of any public hospital district proposes a sale of district real property pursuant
to this section and the value of the property exceeds one hundred thousand dollars, the board shall publish a notice of its
intention to sell the property. The notice shall be published at
least once each week during two consecutive weeks in a legal
newspaper of general circulation within the public hospital
district. The notice shall describe the property to be sold and
designate the place where and the day and hour when a hearing will be held. The board shall hold a public hearing upon
the proposal to dispose of the public hospital district property
at the place and the day and hour fixed in the notice and consider evidence offered for and against the propriety and
advisability of the proposed sale.
(4) If in the judgment of the board of commissioners of
any district the sale of any district real property not needed
for public hospital district purposes would be facilitated and
greater value realized through use of the services of licensed
real estate brokers, a contract for such services may be negotiated and concluded. The fee or commissions charged for
any broker service shall not exceed seven percent of the
resulting sale price for a single parcel. No licensed real estate
broker or professionally designated real estate appraisers as
defined in RCW 74.46.020 or independent expert in valuing
health care property selected by the board to appraise the
market value of a parcel of property to be sold may be a party
to any contract with the public hospital district to sell such
property for a period of three years after the appraisal. [1997
c 332 § 17; 1984 c 103 § 4; 1982 c 84 § 2.]
[Title 70 RCW—page 72]
Severability—1997 c 332: See RCW 70.45.900.
70.44.310
70.44.310 Lease of surplus real property. The board
of commissioners of any public hospital district may lease or
rent out real property of the district which the board has
determined by resolution presently is not required for public
hospital district purposes in such manner and upon such
terms and conditions as the board in its discretion finds to be
in the best interest of the district. [1982 c 84 § 3.]
70.44.315
70.44.315 Evaluation criteria and requirements for
acquisition of district hospitals. (1) When evaluating a
potential acquisition, the commissioners shall determine their
compliance with the following requirements:
(a) That the acquisition is authorized under chapter 70.44
RCW and other laws governing public hospital districts;
(b) That the procedures used in the decision-making process allowed district officials to thoroughly fulfill their due
diligence responsibilities as municipal officers, including
those covered under chapter 42.23 RCW governing conflicts
of interest and chapter 42.20 RCW prohibiting malfeasance
of public officials;
(c) That the acquisition will not result in the revocation
of hospital privileges;
(d) That sufficient safeguards are included to maintain
appropriate capacity for health science research and health
care provider education;
(e) That the acquisition is allowed under Article VIII,
section 7 of the state Constitution, which prohibits gifts of
public funds or lending of credit and Article XI, section 14,
prohibiting private use of public funds;
(f) That the public hospital district will retain control
over district functions as required under chapter 70.44 RCW
and other laws governing hospital districts;
(g) That the activities related to the acquisition process
complied with chapters 42.17 and 42.32 RCW, governing
disclosure of public records, and chapter 42.30 RCW, governing public meetings;
(h) That the acquisition complies with the requirements
of RCW 70.44.300 relating to fair market value; and
(i) Other state laws affecting the proposed acquisition.
(2) The commissioners shall also determine whether the
public hospital district should retain a right of first refusal to
repurchase the assets by the public hospital district if the hospital is subsequently sold to, acquired by, or merged with
another entity.
(3)(a) Prior to approving the acquisition of a district hospital, the board of commissioners of the hospital district shall
obtain a written opinion from a qualified independent expert
or the Washington state department of health as to whether or
not the acquisition meets the standards set forth in RCW
70.45.080.
(b) Upon request, the hospital district and the person
seeking to acquire its hospital shall provide the department or
independent expert with any needed information and documents. The department shall charge the hospital district for
any costs the department incurs in preparing an opinion under
this section. The hospital district may recover from the
acquiring person any costs it incurs in obtaining the opinion
from either the department or the independent expert. The
(2004 Ed.)
Public Hospital Districts
opinion shall be delivered to the board of commissioners no
later than ninety days after it is requested.
(c) Within ten working days after it receives the opinion,
the board of commissioners shall publish notice of the opinion in at least one newspaper of general circulation within the
hospital district, stating how a person may obtain a copy, and
giving the time and location of the hearing required under (d)
of this subsection. It shall make a copy of the report and the
opinion available to anyone upon request.
(d) Within thirty days after it received the opinion, the
board of commissioners shall hold a public hearing regarding
the proposed acquisition. The board of commissioners may
vote to approve the acquisition no sooner than thirty days following the public hearing.
(4)(a) For purposes of this section, "acquisition" means
an acquisition by a person of any interest in a hospital owned
by a public hospital district, whether by purchase, merger,
lease, or otherwise, that results in a change of ownership or
control of twenty percent or more of the assets of a hospital
currently licensed and operating under RCW 70.41.090.
Acquisition does not include an acquisition where the other
party or parties to the acquisition are nonprofit corporations
having a substantially similar charitable health care purpose,
organizations exempt from federal income tax under section
501(c)(3) of the internal revenue code, or governmental entities. Acquisition does not include an acquisition where the
other party is an organization that is a limited liability corporation, a partnership, or any other legal entity and the members, partners, or otherwise designated controlling parties of
the organization are all nonprofit corporations having a charitable health care purpose, organizations exempt from federal
income tax under section 501(c)(3) of the internal revenue
code, or governmental entities. Acquisition does not include
activities between two or more governmental organizations,
including organizations acting pursuant to chapter 39.34
RCW, regardless of the type of organizational structure used
by the governmental entities.
(b) For purposes of this subsection (4), "person" means
an individual, a trust or estate, a partnership, a corporation
including associations, a limited liability company, a joint
stock company, or an insurance company. [1997 c 332 § 18.]
70.44.380
tricts. The board of commissioners of an existing district shall
by resolution or resolutions find that such division is in the
public interest; adopt and approve a plan of division; authorize the filing of a petition in the superior court in the county
in which the district is located to obtain court approval of the
plan of division; request the calling of a special election to be
held, following such court approval, for the purpose of submitting to the voters in each of the proposed new districts the
proposition of whether the plan of division should be
approved and carried out; and direct all officers and employees of the existing district to take whatever actions are reasonable and necessary in order to carry out the division, subject to the approval of the plan therefor by the court and the
voters. [1982 c 84 § 5.]
70.44.360
70.44.360 Dividing a district—Plan. The plan of division authorized by RCW 70.44.350 shall include: Proposed
names for the new districts; a description of the boundaries of
the new districts, which boundaries shall follow insofar as
reasonably possible the then-existing precinct boundaries and
include all of the territory encompassed by the existing district; a division of all the assets of the existing district
between the resulting new districts, including funds, rights,
and property, both real and personal; the assumption of all the
outstanding obligations of the existing district by the resulting new districts, including general obligation and revenue
bonds, contracts, and any other liabilities or indebtedness; the
establishing and constituting of new boards of three commissioners for each of the new districts, including fixing the
boundaries of commissioner districts within such new districts following insofar as reasonably possible the then-existing precinct boundaries; and such other matters as the board
of commissioners of the existing district may deem appropriate. Unless the plan of division provides otherwise, all the
area and property of the existing district shall remain subject
to the outstanding obligations of that district, and the boards
of commissioners of the new districts shall make such levies
or charges for services as may be necessary to pay such outstanding obligations in accordance with their terms from the
sources originally pledged or otherwise liable for that purpose. [1982 c 84 § 6.]
Severability—1997 c 332: See RCW 70.45.900.
70.44.370
70.44.320
70.44.320 Disposal of surplus personal property. The
board of commissioners of any public hospital district may
sell or otherwise dispose of surplus personal property of the
district which the board has determined by resolution is no
longer required for public hospital district purposes in such
manner and upon such terms and conditions as the board in
its discretion finds to be in the best interest of the district.
[1982 c 84 § 4.]
70.44.350
70.44.350 Dividing a district. An existing public hospital district upon resolution of its board of commissioners
may be divided into two new public hospital districts, in the
manner provided in RCW 70.44.350 through 70.44.380, subject to the approval of the plan therefor by the superior court
in the county where such district is located and by a majority
of the voters voting on the proposition for such approval at a
special election to be held in each of the proposed new dis(2004 Ed.)
70.44.370 Dividing a district—Petition to court,
hearing, order. After adoption of a resolution approving the
plan of division by the board of commissioners of an existing
district pursuant to RCW 70.44.350 through 70.44.380, the
district shall petition the superior court in the county where
such district is located requesting court approval of the plan.
The court shall conduct a hearing on the plan of division,
after reasonable and proper notice of such hearing (including
notice to bondholders) is given in the manner fixed and
directed by such court. At the conclusion of the hearing, the
court may enter its order approving the division of the existing district and of its assets and outstanding obligations in the
manner provided by the plan after finding such division to be
fair and equitable and in the public interest. [1982 c 84 § 7.]
70.44.380
70.44.380 Dividing a district—Election—Creation of
new districts—Challenges. Following the entry of the court
order pursuant to RCW 70.44.370, the county officer autho[Title 70 RCW—page 73]
70.44.400
Title 70 RCW: Public Health and Safety
rized to call and conduct elections in the county in which the
existing district is located shall call a special election as provided by the resolution of the board of commissioners of such
district for the purpose of submitting to the voters in each of
the proposed new districts the proposition of whether the plan
of division should be approved and carried out. Notice of the
election describing the boundaries of the proposed new districts and stating the objects of the election shall be given and
the election conducted in accordance with the general election laws. The proposition expressed on the ballots at such
election shall be substantially as follows:
"Shall the plan of division of public hospital district
No. . . . ., approved by the Superior Court on . . . . . .
(insert date), be approved and carried out?
Yes '
No '"
At such election three commissioners for each of the proposed new districts nominated by petition pursuant to RCW
54.12.010 shall be elected to hold office pursuant to RCW
70.44.040. If at such election a majority of the voters voting
on the proposition in each of the proposed new districts shall
vote in favor of the plan of division, the county canvassing
board shall so declare in its canvass of the returns of such
election and upon the filing of the certificate of such canvass:
The division of the existing district shall be effective; such
original district shall cease to exist; the creation of the two
new public hospital districts shall be complete; all assets of
the original district shall vest in and become the property of
the new districts, respectively, pursuant to the plan of division; all the outstanding obligations of the original district
shall be assumed by the new districts, respectively, pursuant
to such plan; the commissioners of the original district shall
cease to hold office; and the affairs of the new districts shall
be governed by the newly elected commissioners of such
respective new districts. Unless commenced within thirty
days after the date of the filing of the certificate of the canvass of such election, no lawsuit whatever may be maintained
challenging in any way the legal existence of the resulting
new districts, the validity of the proceedings had for the organization and creation thereof, or the lawfulness of the plan of
division. Upon the petition of either or both new districts, the
superior court in the county where they are located may take
whatever actions are reasonable and necessary to complete or
confirm the carrying out of such plan. [1982 c 84 § 8.]
70.44.400
70.44.400 Withdrawal of territory from public hospital district. Territory within a public hospital district may be
withdrawn therefrom in the same manner provided by law for
withdrawal of territory from water-sewer districts, as provided by chapter 57.28 RCW. For purposes of conforming
with such procedure, the public hospital district shall be
deemed to be the water-sewer district and the public hospital
board of commissioners shall be deemed to be the watersewer district board of commissioners. [1999 c 153 § 65;
1984 c 100 § 1.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
70.44.450
70.44.450 Rural public hospital districts—Cooperative agreements and contracts. In addition to other powers
[Title 70 RCW—page 74]
granted to public hospital districts by chapter 39.34 RCW,
rural public hospital districts may enter into cooperative
agreements and contracts with other rural public hospital districts in order to provide for the health care needs of the people served by the hospital districts. These agreements and
contracts are specifically authorized to include:
(1) Allocation of health care services among the different
facilities owned and operated by the districts;
(2) Combined purchases and allocations of medical
equipment and technologies;
(3) Joint agreements and contracts for health care service
delivery and payment with public and private entities; and
(4) Other cooperative arrangements consistent with the
intent of chapter 161, Laws of 1992. The provisions of chapter 39.34 RCW shall apply to the development and implementation of the cooperative contracts and agreements.
[1992 c 161 § 3.]
Intent—1992 c 161: "The legislature finds that maintaining the viability of health care service delivery in rural areas of Washington is a primary
goal of state health policy. The legislature also finds that most hospitals
located in rural Washington are operated by public hospital districts authorized under chapter 70.44 RCW and declares that it is not cost-effective,
practical, or desirable to provide quality health and hospital care services in
rural areas on a competitive basis because of limited patient volume and geographic isolation. It is the intent of this act to foster the development of cooperative and collaborative arrangements among rural public hospital districts
by specifically authorizing cooperative agreements and contracts for these
entities under the interlocal cooperation act." [1992 c 161 § 1.]
70.44.460
70.44.460 Rural public hospital district defined.
Unless the context clearly requires otherwise, the definition
in this section applies throughout RCW 70.44.450.
"Rural public hospital district" means a public hospital
district authorized under chapter 70.44 RCW whose geographic boundaries do not include a city with a population
greater than thirty thousand. [1992 c 161 § 2.]
Intent—1992 c 161: See note following RCW 70.44.450.
70.44.900
70.44.900 Severability—Construction—1945 c 264.
Adjudication of invalidity of any section, clause or part of a
section of this act [1945 c 264] shall not impair or otherwise
affect the validity of the act as a whole or any other part
thereof. The rule of strict construction shall have no application to this act, but the same shall be liberally construed, in
order to carry out the purposes and objects for which this act
is intended. When this act comes in conflict with any provisions, limitation or restriction in any other law, this act shall
govern and control. [1945 c 264 § 21; no RRS.]
70.44.901
70.44.901 Severability—Construction—1974 ex.s. c
165. If any section, clause, or other provision of this 1974
amendatory act, or its application to any person or circumstance, is held invalid, the remainder of such 1974 amendatory act, or the application of such section, clause, or provision to other persons or circumstances, shall not be affected.
The rule of strict construction shall have no application to this
1974 amendatory act, but the same shall be liberally construed, in order to carry out the purposes and objects for
which this 1974 amendatory act is intended. When this 1974
amendatory act comes in conflict with any provision, limitation, or restriction in any other law, this 1974 amendatory act
shall govern and control. [1974 ex.s. c 165 § 6.]
(2004 Ed.)
Acquisition of Nonprofit Hospitals
70.44.902
70.44.902 Severability—1982 c 84. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 84 § 21.]
70.44.903
70.44.903 Savings—1982 c 84. All debts, contracts,
and obligations made or incurred prior to June 10, 1982, by or
in favor of any public hospital district, and all bonds, warrants, or other obligations issued by such district, and all
other actions and proceedings relating thereto done or taken
by such public hospital districts or by their respective officers
within their authority are hereby declared to be legal and
valid and of full force and effect from the date thereof. [1982
c 84 § 11.]
70.44.910
70.44.910 Construction—1945 c 264. This act [1945 c
264 § 22] shall not be deemed or construed to repeal or affect
any existing act, or any part thereof, relating to the construction, operation and maintenance of public hospitals, but shall
be supplemental thereto and concurrent therewith. [1945 c
264 § 22; no RRS.]
Chapter 70.45 RCW
ACQUISITION OF NONPROFIT HOSPITALS
Chapter 70.45
Sections
70.45.010
70.45.020
70.45.030
70.45.040
70.45.050
70.45.060
70.45.070
70.45.080
70.45.090
70.45.100
70.45.110
70.45.120
70.45.130
70.45.140
70.45.900
Legislative findings.
Definitions.
Department approval required—Application—Fees.
Applications—Deficiencies—Public notice.
Public hearings.
Attorney general review and opinion—Department review and
decision—Adjudicative proceedings.
Department review—Criteria to safeguard charitable assets.
Department review—Criteria for continued existence of
accessible, affordable health care.
Approval of acquisition required—Injunctions.
Compliance—Department authority—Hearings—Revocation
or suspension of hospital license—Referral to attorney general for action.
Authority of attorney general to ensure compliance.
Acquisitions completed before July 27, 1997, not subject to
this chapter.
Common law and statutory authority of attorney general.
Rule-making and contracting authority.
Severability—1997 c 332.
70.45.010
70.45.010 Legislative findings. The health of the people of our state is a most important public concern. The state
has an interest in assuring the continued existence of accessible, affordable health care facilities that are responsive to the
needs of the communities in which they exist. The state also
has a responsibility to protect the public interest in nonprofit
hospitals and to clarify the responsibilities of local public
hospital district boards with respect to public hospital district
assets by making certain that the charitable and public assets
of those hospitals are managed prudently and safeguarded
consistent with their mission under the laws governing nonprofit and municipal corporations. [1997 c 332 § 1.]
70.45.020
70.45.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(2004 Ed.)
70.45.040
(1) "Department" means the Washington state department of health.
(2) "Hospital" means any entity that is: (a) Defined as a
hospital in RCW 70.41.020 and is required to obtain a license
under RCW 70.41.090; or (b) a psychiatric hospital required
to obtain a license under chapter 71.12 RCW.
(3) "Acquisition" means an acquisition by a person of an
interest in a nonprofit hospital, whether by purchase, merger,
lease, gift, joint venture, or otherwise, that results in a change
of ownership or control of twenty percent or more of the
assets of the hospital, or that results in the acquiring person
holding or controlling fifty percent or more of the assets of
the hospital, but acquisition does not include an acquisition if
the acquiring person: (a) Is a nonprofit corporation having a
substantially similar charitable health care purpose as the
nonprofit corporation from whom the hospital is being
acquired, or is a government entity; (b) is exempt from federal income tax under section 501(c)(3) of the internal revenue code or as a government entity; and (c) will maintain representation from the affected community on the local board
of the hospital.
(4) "Nonprofit hospital" means a hospital owned by a
nonprofit corporation organized under Title 24 RCW.
(5) "Person" means an individual, a trust or estate, a partnership, a corporation including associations, limited liability
companies, joint stock companies, and insurance companies.
[1997 c 332 § 2.]
70.45.030
70.45.030 Department approval required—Application—Fees. (1) A person may not engage in the acquisition
of a nonprofit hospital without first having applied for and
received the approval of the department under this chapter.
(2) An application must be submitted to the department
on forms provided by the department, and at a minimum must
include: The name of the hospital being acquired, the name
of the acquiring person or other parties to the acquisition, the
acquisition price, a copy of the acquisition agreement, a
financial and economic analysis and report from an independent expert or consultant of the effect of the acquisition under
the criteria in RCW 70.45.070, and all other related documents. The applications and all related documents are considered public records for purposes of chapter 42.17 RCW.
(3) The department shall charge an applicant fees sufficient to cover the costs of implementing this chapter. The
fees must include the cost of the attorney general's opinion
under RCW 70.45.060. The department shall transfer this
portion of the fee, upon receipt, to the attorney general.
[1997 c 332 § 3.]
70.45.040
70.45.040 Applications—Deficiencies—Public
notice. (1) The department, in consultation with the attorney
general, shall determine if the application is complete for the
purposes of review. The department may find that an application is incomplete if a question on the application form has
not been answered in whole or in part, or has been answered
in a manner that does not fairly meet the question addressed,
or if the application does not include attachments of supporting documents as required by RCW 70.45.030. If the department determines that an application is incomplete, it shall
notify the applicant within fifteen working days after the date
[Title 70 RCW—page 75]
70.45.050
Title 70 RCW: Public Health and Safety
the application was received stating the reasons for its determination of incompleteness, with reference to the particular
questions for which a deficiency is noted.
(2) Within five working days after receipt of a completed
application, the department shall publish notice of the application in a newspaper of general circulation in the county or
counties where the hospital is located and shall notify by first
class United States mail, electronic mail, or facsimile transmission, any person who has requested notice of the filing of
such applications. The notice must state that an application
has been received, state the names of the parties to the agreement, describe the contents of the application, and state the
date by which a person may submit written comments about
the application to the department. [1997 c 332 § 4.]
70.45.050
70.45.050 Public hearings. During the course of
review under this chapter, the department shall conduct one
or more public hearings, at least one of which must be in the
county where the hospital to be acquired is located. At the
hearings, anyone may file written comments and exhibits or
appear and make a statement. The department may subpoena
additional information or witnesses, require and administer
oaths, require sworn statements, take depositions, and use
related discovery procedures for purposes of the hearing and
at any time prior to making a decision on the application.
A hearing must be held not later than forty-five days
after receipt of a completed application. At least ten days'
public notice must be given before the holding of a hearing.
[1997 c 332 § 5.]
70.45.060
70.45.060 Attorney general review and opinion—
Department review and decision—Adjudicative proceedings. (1) The department shall provide the attorney general
with a copy of a completed application upon receiving it. The
attorney general shall review the completed application, and
within forty-five days of the first public hearing held under
RCW 70.45.050 shall provide a written opinion to the department as to whether or not the acquisition meets the requirements for approval in RCW 70.45.070.
(2) The department shall review the completed application to determine whether or not the acquisition meets the
requirements for approval in RCW 70.45.070 and 70.45.080.
Within thirty days after receiving the written opinion of the
attorney general under subsection (1) of this section, the
department shall:
(a) Approve the acquisition, with or without any specific
modifications or conditions; or
(b) Disapprove the acquisition.
(3) The department may not make its decision subject to
any condition not directly related to requirements in RCW
70.45.070 or 70.45.080, and any condition or modification
must bear a direct and rational relationship to the application
under review.
(4) A person engaged in an acquisition and affected by a
final decision of the department has the right to an adjudicative proceeding under chapter 34.05 RCW. The opinion of
the attorney general provided under subsection (1) of this
section may not constitute a final decision for purposes of
review.
[Title 70 RCW—page 76]
(5) The department or the attorney general may extend,
by not more than thirty days, any deadline established under
this chapter one time during consideration of any application,
for good cause. [1997 c 332 § 6.]
70.45.070
70.45.070 Department review—Criteria to safeguard
charitable assets. The department shall only approve an
application if the parties to the acquisition have taken the
proper steps to safeguard the value of charitable assets and
ensure that any proceeds from the acquisition are used for
appropriate charitable health purposes. To this end, the
department may not approve an application unless, at a minimum, it determines that:
(1) The acquisition is permitted under chapter 24.03
RCW, the Washington nonprofit corporation act, and other
laws governing nonprofit entities, trusts, or charities;
(2) The nonprofit corporation that owns the hospital
being acquired has exercised due diligence in authorizing the
acquisition, selecting the acquiring person, and negotiating
the terms and conditions of the acquisition;
(3) The procedures used by the nonprofit corporation's
board of trustees and officers in making its decision fulfilled
their fiduciary duties, that the board and officers were sufficiently informed about the proposed acquisition and possible
alternatives, and that they used appropriate expert assistance;
(4) No conflict of interest exists related to the acquisition, including, but not limited to, conflicts of interest related
to board members of, executives of, and experts retained by
the nonprofit corporation, acquiring person, or other parties
to the acquisition;
(5) The nonprofit corporation will receive fair market
value for its assets. The attorney general or the department
may employ, at the expense of the acquiring person, reasonably necessary expert assistance in making this determination. This expense must be in addition to the fees charged
under RCW 70.45.030;
(6) Charitable funds will not be placed at unreasonable
risk, if the acquisition is financed in part by the nonprofit corporation;
(7) Any management contract under the acquisition will
be for fair market value;
(8) The proceeds from the acquisition will be controlled
as charitable funds independently of the acquiring person or
parties to the acquisition, and will be used for charitable
health purposes consistent with the nonprofit corporation's
original purpose, including providing health care to the disadvantaged, the uninsured, and the underinsured and providing
benefits to promote improved health in the affected community;
(9) Any charitable entity established to hold the proceeds
of the acquisition will be broadly based in and representative
of the community where the hospital to be acquired is
located, taking into consideration the structure and governance of such entity; and
(10) A right of first refusal to repurchase the assets by a
successor nonprofit corporation or foundation has been
retained if the hospital is subsequently sold to, acquired by, or
merged with another entity. [1997 c 332 § 7.]
(2004 Ed.)
Health Districts
70.45.080 Department review—Criteria for continued existence of accessible, affordable health care. The
department shall only approve an application if the acquisition in question will not detrimentally affect the continued
existence of accessible, affordable health care that is responsive to the needs of the community in which the hospital to be
acquired is located. To this end, the department shall not
approve an application unless, at a minimum, it determines
that:
(1) Sufficient safeguards are included to assure the
affected community continued access to affordable care, and
that alternative sources of care are available in the community should the acquisition result in a reduction or elimination
of particular health services;
(2) The acquisition will not result in the revocation of
hospital privileges;
(3) Sufficient safeguards are included to maintain appropriate capacity for health science research and health care
provider education;
(4) The acquiring person and parties to the acquisition
are committed to providing health care to the disadvantaged,
the uninsured, and the underinsured and to providing benefits
to promote improved health in the affected community.
Activities and funding provided under RCW 70.45.070(8)
may be considered in evaluating compliance with this commitment; and
(5) Sufficient safeguards are included to avoid conflict of
interest in patient referral. [1997 c 332 § 8.]
70.45.080
70.45.090 Approval of acquisition required—Injunctions. (1) The secretary of state may not accept any forms or
documents in connection with any acquisition of a nonprofit
hospital until the acquisition has been approved by the
department under this chapter.
(2) The attorney general may seek an injunction to prevent any acquisition not approved by the department under
this chapter. [1997 c 332 § 9.]
70.46.020
compliance with commitments that inure to the public interest. [1997 c 332 § 11.]
70.45.120
70.45.120 Acquisitions completed before July 27,
1997, not subject to this chapter. An acquisition of a hospital completed before July 27, 1997, and an acquisition in
which an application for a certificate of need under chapter
70.38 RCW has been granted by the department before July
27, 1997, is not subject to this chapter. [1997 c 332 § 12.]
70.45.130
70.45.130 Common law and statutory authority of
attorney general. No provision of this chapter derogates
from the common law or statutory authority of the attorney
general. [1997 c 332 § 13.]
70.45.140
70.45.140 Rule-making and contracting authority.
The department may adopt rules necessary to implement this
chapter and may contract with and provide reasonable reimbursement to qualified persons to assist in determining
whether the requirements of RCW 70.45.070 and 70.45.080
have been met. [1997 c 332 § 14.]
70.45.900
70.45.900 Severability—1997 c 332. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1997 c 332 § 19.]
70.45.090
70.45.100 Compliance—Department authority—
Hearings—Revocation or suspension of hospital license—
Referral to attorney general for action. The department
shall require periodic reports from the nonprofit corporation
or its successor nonprofit corporation or foundation and from
the acquiring person or other parties to the acquisition to
ensure compliance with commitments made. The department
may subpoena information and documents and may conduct
on-site compliance audits at the acquiring person's expense.
If the department receives information indicating that the
acquiring person is not fulfilling commitments to the affected
community under RCW 70.45.080, the department shall hold
a hearing upon ten days' notice to the affected parties. If after
the hearing the department determines that the information is
true, it may revoke or suspend the hospital license issued to
the acquiring person pursuant to the procedure established
under RCW 70.41.130, refer the matter to the attorney general for appropriate action, or both. The attorney general may
seek a court order compelling the acquiring person to fulfill
its commitments under RCW 70.45.080. [1997 c 332 § 10.]
70.45.100
70.45.110 Authority of attorney general to ensure
compliance. The attorney general has the authority to ensure
70.45.110
(2004 Ed.)
Chapter 70.46
Chapter 70.46 RCW
HEALTH DISTRICTS
Sections
70.46.020
70.46.031
70.46.060
70.46.080
70.46.085
70.46.090
70.46.100
70.46.110
70.46.120
70.46.130
Districts of two or more counties—Health board—Membership—Chair.
Districts of one county—Health board—Membership.
District health board—Powers and duties.
District health funds.
County to bear expense of providing public health services.
Withdrawal of county.
Power to acquire, maintain, or dispose of property—Contracts.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for
five years.
License or permit fees.
Contracts for sale or purchase of health services authorized.
Local health departments, provisions relating to health districts: Chapter
70.05 RCW.
70.46.020
70.46.020 Districts of two or more counties—Health
board—Membership—Chair. Health districts consisting
of two or more counties may be created whenever two or
more boards of county commissioners shall by resolution
establish a district for such purpose. Such a district shall consist of all the area of the combined counties. The district
board of health of such a district shall consist of not less than
five members for districts of two counties and seven members for districts of more than two counties, including two
representatives from each county who are members of the
board of county commissioners and who are appointed by the
board of county commissioners of each county within the district, and shall have a jurisdiction coextensive with the combined boundaries. The boards of county commissioners may
by resolution or ordinance provide for elected officials from
[Title 70 RCW—page 77]
70.46.031
Title 70 RCW: Public Health and Safety
cities and towns and persons other than elected officials as
members of the district board of health so long as persons
other than elected officials do not constitute a majority. A
resolution or ordinance adopted under this section must specify the provisions for the appointment, term, and compensation, or reimbursement of expenses. Any multicounty health
district existing on *the effective date of this act shall continue in existence unless and until changed by affirmative
action of all boards of county commissioners or one or more
counties withdraws [withdraw] pursuant to RCW 70.46.090.
At the first meeting of a district board of health the members shall elect a chair to serve for a period of one year. [1995
c 43 § 10; 1993 c 492 § 247; 1967 ex.s. c 51 § 6; 1945 c 183
§ 2; Rem. Supp. 1945 § 6099-11.]
*Reviser's note: For "the effective date of this act" see note following
RCW 70.05.030.
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
70.46.080
70.46.080 District health funds. Each health district
shall establish a fund to be designated as the "district health
fund", in which shall be placed all sums received by the district from any source, and out of which shall be expended all
sums disbursed by the district. In a district composed of more
than one county the county treasurer of the county having the
largest population shall be the custodian of the fund, and the
county auditor of said county shall keep the record of the
receipts and disbursements, and shall draw and the county
treasurer shall honor and pay all warrants, which shall be
approved before issuance and payment as directed by the
board.
Each county which is included in the district shall contribute such sums towards the expense for maintaining and
operating the district as shall be agreed upon between it and
the local board of health in accordance with guidelines established by the state board of health. [1993 c 492 § 249; 1971
ex.s. c 85 § 10; 1967 ex.s. c 51 § 19; 1945 c 183 § 8; Rem.
Supp. 1945 § 6099-17.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Severability—1967 ex.s. c 51: See note following RCW 70.05.010.
Severability—1967 ex.s. c 51: See note following RCW 70.05.010.
70.46.031
70.46.031 Districts of one county—Health board—
Membership. A health district to consist of one county may
be created whenever the county legislative authority of the
county shall pass a resolution or ordinance to organize such a
health district under chapter 70.05 RCW and this chapter.
The resolution or ordinance may specify the membership, representation on the district health board, or other matters relative to the formation or operation of the health district. The county legislative authority may appoint elected
officials from cities and towns and persons other than elected
officials as members of the health district board so long as
persons other than elected officials do not constitute a majority.
Any single county health district existing on *the effective date of this act shall continue in existence unless and
until changed by affirmative action of the county legislative
authority. [1995 c 43 § 11.]
70.46.085
70.46.085 County to bear expense of providing public
health services. The expense of providing public health services shall be borne by each county within the health district.
[1993 c 492 § 250; 1967 ex.s. c 51 § 20.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Severability—1967 ex.s. c 51: See note following RCW 70.05.010.
Expenses of enforcing health laws: RCW 70.05.130.
70.46.090
70.46.060 District health board—Powers and duties.
The district board of health shall constitute the local board of
health for all the territory included in the health district, and
shall supersede and exercise all the powers and perform all
the duties by law vested in the county board of health of any
county included in the health district. [1993 c 492 § 248;
1967 ex.s. c 51 § 11; 1945 c 183 § 6; Rem. Supp. 1945 §
6099-15.]
70.46.090 Withdrawal of county. Any county may
withdraw from membership in said health district any time
after it has been within the district for a period of two years,
but no withdrawal shall be effective except at the end of the
calendar year in which the county gives at least six months'
notice of its intention to withdraw at the end of the calendar
year. No withdrawal shall entitle any member to a refund of
any moneys paid to the district nor relieve it of any obligations to pay to the district all sums for which it obligated itself
due and owing by it to the district for the year at the end of
which the withdrawal is to be effective. Any county which
withdraws from membership in said health district shall
immediately establish a health department or provide health
services which shall meet the standards for health services
promulgated by the state board of health. No local health
department may be deemed to provide adequate public health
services unless there is at least one full time professionally
trained and qualified physician as set forth in RCW
70.05.050. [1993 c 492 § 251; 1967 ex.s. c 51 § 21; 1945 c
183 § 9; Rem. Supp. 1945 § 6099-18.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Severability—1967 ex.s. c 51: See note following RCW 70.05.010.
Severability—1967 ex.s. c 51: See note following RCW 70.05.010.
*Reviser's note: For "the effective date of this act" see note following
RCW 70.05.030.
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
70.46.060
[Title 70 RCW—page 78]
(2004 Ed.)
Basic Health Plan—Health Care Access Act
70.46.100
70.46.100 Power to acquire, maintain, or dispose of
property—Contracts. In addition to all other powers and
duties, a health district shall have the power to own, construct, purchase, lease, add to, and maintain any real and personal property or property rights necessary for the conduct of
the affairs of the district. A health district may sell, lease,
convey or otherwise dispose of any district real or personal
property no longer necessary for the conduct of the affairs of
the district. A health district may enter into contracts to carry
out the provisions of this section. [1957 c 100 § 2.]
70.46.110
70.46.110 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
70.46.120
70.46.120 License or permit fees. In addition to all
other powers and duties, health districts shall have the power
to charge fees in connection with the issuance or renewal of a
license or permit required by law: PROVIDED, That the fees
charged shall not exceed the actual cost involved in issuing or
renewing the license or permit. [1993 c 492 § 252; 1963 c
121 § 1.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.46.130
70.46.130 Contracts for sale or purchase of health
services authorized. See RCW 70.05.150.
Chapter 70.47
Chapter 70.47 RCW
BASIC HEALTH PLAN—HEALTH
CARE ACCESS ACT
Sections
70.47.002
70.47.005
70.47.010
70.47.015
70.47.020
70.47.030
70.47.040
70.47.050
70.47.060
70.47.070
70.47.080
70.47.090
70.47.100
70.47.110
70.47.115
70.47.120
70.47.130
70.47.140
70.47.150
70.47.160
70.47.900
70.47.901
(2004 Ed.)
Intent—2002 c 2 (Initiative Measure No. 773).
Transfer power, duties, and functions to Washington state
health care authority.
Legislative findings—Purpose—Administrator and department of social and health services to coordinate eligibility.
Expanded enrollment—Findings—Intent—Enrollee premium
share—Expedited application and enrollment process—
Commission for agents and brokers.
Definitions.
Basic health plan trust account—Basic health plan subscription account.
Basic health plan—Health care authority head to be administrator—Joint operations—Technical advisory committee.
Rules.
Powers and duties of administrator—Schedule of services—
Premiums, copayments, subsidies—Enrollment.
Benefits from other coverages not reduced.
Enrollment of applicants—Participation limitations.
Removal of enrollees.
Participation by a managed health care system.
Enrollment of medical assistance recipients.
Enrollment of persons in timber impact areas.
Administrator—Contracts for services.
Exemption from insurance code.
Reservation of legislative power.
Public disclosure.
Right of individuals to receive services—Right of providers,
carriers, and facilities to refuse to participate in or pay for
services for reason of conscience or religion—Requirements.
Short title.
Severability—1987 1st ex.s. c 5.
70.47.010
70.47.002
70.47.002 Intent—2002 c 2 (Initiative Measure No.
773). It is the intent of the people to improve the health of
low-income children and adults by expanding access to basic
health care and by reducing tobacco-related and other diseases and illnesses that disproportionately affect low-income
persons. [2002 c 2 § 1 (Initiative Measure No. 773, approved
November 6, 2001).]
70.47.005
70.47.005 Transfer power, duties, and functions to
Washington state health care authority. The powers,
duties, and functions of the Washington basic health plan are
hereby transferred to the Washington state health care authority. All references to the administrator of the Washington
basic health plan in the Revised Code of Washington shall be
construed to mean the administrator of the Washington state
health care authority. [1993 c 492 § 201.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.47.010
70.47.010 Legislative findings—Purpose—Administrator and department of social and health services to
coordinate eligibility. (1)(a) The legislature finds that limitations on access to health care services for enrollees in the
state, such as in rural and underserved areas, are particularly
challenging for the basic health plan. Statutory restrictions
have reduced the options available to the administrator to
address the access needs of basic health plan enrollees. It is
the intent of the legislature to authorize the administrator to
develop alternative purchasing strategies to ensure access to
basic health plan enrollees in all areas of the state, including:
(i) The use of differential rating for managed health care systems based on geographic differences in costs; and (ii) limited use of self-insurance in areas where adequate access cannot be assured through other options.
(b) In developing alternative purchasing strategies to
address health care access needs, the administrator shall consult with interested persons including health carriers, health
care providers, and health facilities, and with other appropriate state agencies including the office of the insurance commissioner and the office of community and rural health. In
pursuing such alternatives, the administrator shall continue to
give priority to prepaid managed care as the preferred method
of assuring access to basic health plan enrollees followed, in
priority order, by preferred providers, fee for service, and
self-funding.
(2) The legislature further finds that:
(a) A significant percentage of the population of this
state does not have reasonably available insurance or other
coverage of the costs of necessary basic health care services;
(b) This lack of basic health care coverage is detrimental
to the health of the individuals lacking coverage and to the
public welfare, and results in substantial expenditures for
emergency and remedial health care, often at the expense of
health care providers, health care facilities, and all purchasers
of health care, including the state; and
(c) The use of managed health care systems has significant potential to reduce the growth of health care costs
incurred by the people of this state generally, and by low[Title 70 RCW—page 79]
70.47.015
Title 70 RCW: Public Health and Safety
income pregnant women, and at-risk children and adolescents who need greater access to managed health care.
(3) The purpose of this chapter is to provide or make
more readily available necessary basic health care services in
an appropriate setting to working persons and others who
lack coverage, at a cost to these persons that does not create
barriers to the utilization of necessary health care services. To
that end, this chapter establishes a program to be made available to those residents not eligible for medicare who share in
a portion of the cost or who pay the full cost of receiving
basic health care services from a managed health care system.
(4) It is not the intent of this chapter to provide health
care services for those persons who are presently covered
through private employer-based health plans, nor to replace
employer-based health plans. However, the legislature recognizes that cost-effective and affordable health plans may not
always be available to small business employers. Further, it is
the intent of the legislature to expand, wherever possible, the
availability of private health care coverage and to discourage
the decline of employer-based coverage.
(5)(a) It is the purpose of this chapter to acknowledge the
initial success of this program that has (i) assisted thousands
of families in their search for affordable health care; (ii) demonstrated that low-income, uninsured families are willing to
pay for their own health care coverage to the extent of their
ability to pay; and (iii) proved that local health care providers
are willing to enter into a public-private partnership as a managed care system.
(b) As a consequence, the legislature intends to extend an
option to enroll to certain citizens above two hundred percent
of the federal poverty guidelines within the state who reside
in communities where the plan is operational and who collectively or individually wish to exercise the opportunity to purchase health care coverage through the basic health plan if the
purchase is done at no cost to the state. It is also the intent of
the legislature to allow employers and other financial sponsors to financially assist such individuals to purchase health
care through the program so long as such purchase does not
result in a lower standard of coverage for employees.
(c) The legislature intends that, to the extent of available
funds, the program be available throughout Washington state
to subsidized and nonsubsidized enrollees. It is also the intent
of the legislature to enroll subsidized enrollees first, to the
maximum extent feasible.
(d) The legislature directs that the basic health plan
administrator identify enrollees who are likely to be eligible
for medical assistance and assist these individuals in applying
for and receiving medical assistance. The administrator and
the department of social and health services shall implement
a seamless system to coordinate eligibility determinations
and benefit coverage for enrollees of the basic health plan and
medical assistance recipients. [2000 c 79 § 42; 1993 c 492 §
208; 1987 1st ex.s. c 5 § 3.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
[Title 70 RCW—page 80]
70.47.015
70.47.015 Expanded enrollment—Findings—
Intent—Enrollee premium share—Expedited application
and enrollment process—Commission for agents and
brokers. (1) The legislature finds that the basic health plan
has been an effective program in providing health coverage
for uninsured residents. Further, since 1993, substantial
amounts of public funds have been allocated for subsidized
basic health plan enrollment.
(2) It is the intent of the legislature that the basic health
plan enrollment be expanded expeditiously, consistent with
funds available in the health services account, with the goal
of two hundred thousand adult subsidized basic health plan
enrollees and one hundred thirty thousand children covered
through expanded medical assistance services by June 30,
1997, with the priority of providing needed health services to
children in conjunction with other public programs.
(3) Effective January 1, 1996, basic health plan enrollees
whose income is less than one hundred twenty-five percent of
the federal poverty level shall pay at least a ten-dollar premium share.
(4) No later than July 1, 1996, the administrator shall
implement procedures whereby hospitals licensed under
chapters 70.41 and 71.12 RCW, health carrier, rural health
care facilities regulated under chapter 70.175 RCW, and
community and migrant health centers funded under RCW
41.05.220, may expeditiously assist patients and their families in applying for basic health plan or medical assistance
coverage, and in submitting such applications directly to the
health care authority or the department of social and health
services. The health care authority and the department of
social and health services shall make every effort to simplify
and expedite the application and enrollment process.
(5) No later than July 1, 1996, the administrator shall
implement procedures whereby health insurance agents and
brokers, licensed under chapter 48.17 RCW, may expeditiously assist patients and their families in applying for basic
health plan or medical assistance coverage, and in submitting
such applications directly to the health care authority or the
department of social and health services. Brokers and agents
may receive a commission for each individual sale of the
basic health plan to anyone not signed up within the previous
five years and a commission for each group sale of the basic
health plan, if funding for this purpose is provided in a specific appropriation to the health care authority. No commission shall be provided upon a renewal. Commissions shall be
determined based on the estimated annual cost of the basic
health plan, however, commissions shall not result in a reduction in the premium amount paid to health carriers. For purposes of this section "health carrier" is as defined in RCW
48.43.005. The administrator may establish: (a) Minimum
educational requirements that must be completed by the
agents or brokers; (b) an appointment process for agents or
brokers marketing the basic health plan; or (c) standards for
revocation of the appointment of an agent or broker to submit
applications for cause, including untrustworthy or incompetent conduct or harm to the public. The health care authority
and the department of social and health services shall make
every effort to simplify and expedite the application and
enrollment process. [1997 c 337 § 1; 1995 c 265 § 1.]
Effective date—1997 c 337 §§ 1 and 2: "Sections 1 and 2 of this act
are necessary for the immediate preservation of the public peace, health, or
(2004 Ed.)
Basic Health Plan—Health Care Access Act
safety, or support of the state government and its existing public institutions,
and take effect July 1, 1997." [1997 c 337 § 9.]
Captions not law—1995 c 265: "Captions as used in this act constitute
no part of the law." [1995 c 265 § 29.]
Effective date—1995 c 265: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995,
except that sections 13 through 18 of this act shall take effect January 1,
1996." [1995 c 265 § 30.]
Savings—1995 c 265: "This act shall not be construed as affecting any
existing right acquired or liability or obligation incurred under the sections
amended or repealed in this act or under any rule or order adopted under
those sections, nor as affecting any proceeding instituted under those sections." [1995 c 265 § 31.]
Severability—1995 c 265: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 265 § 32.]
70.47.020
70.47.020 Definitions. (Effective until January 1,
2005.) As used in this chapter:
(1) "Washington basic health plan" or "plan" means the
system of enrollment and payment for basic health care services, administered by the plan administrator through participating managed health care systems, created by this chapter.
(2) "Administrator" means the Washington basic health
plan administrator, who also holds the position of administrator of the Washington state health care authority.
(3) "Managed health care system" means: (a) Any health
care organization, including health care providers, insurers,
health care service contractors, health maintenance organizations, or any combination thereof, that provides directly or by
contract basic health care services, as defined by the administrator and rendered by duly licensed providers, to a defined
patient population enrolled in the plan and in the managed
health care system; or (b) a self-funded or self-insured
method of providing insurance coverage to subsidized enrollees provided under RCW 41.05.140 and subject to the limitations under RCW 70.47.100(7).
(4) "Subsidized enrollee" means an individual, or an
individual plus the individual's spouse or dependent children:
(a) Who is not eligible for medicare; (b) who is not confined
or residing in a government-operated institution, unless he or
she meets eligibility criteria adopted by the administrator; (c)
who resides in an area of the state served by a managed health
care system participating in the plan; (d) whose gross family
income at the time of enrollment does not exceed two hundred percent of the federal poverty level as adjusted for family size and determined annually by the federal department of
health and human services; and (e) who chooses to obtain
basic health care coverage from a particular managed health
care system in return for periodic payments to the plan. To
the extent that state funds are specifically appropriated for
this purpose, with a corresponding federal match, "subsidized
enrollee" also means an individual, or an individual's spouse
or dependent children, who meets the requirements in (a)
through (c) and (e) of this subsection and whose gross family
income at the time of enrollment is more than two hundred
percent, but less than two hundred fifty-one percent, of the
federal poverty level as adjusted for family size and determined annually by the federal department of health and
human services.
(2004 Ed.)
70.47.020
(5) "Nonsubsidized enrollee" means an individual, or an
individual plus the individual's spouse or dependent children:
(a) Who is not eligible for medicare; (b) who is not confined
or residing in a government-operated institution, unless he or
she meets eligibility criteria adopted by the administrator; (c)
who resides in an area of the state served by a managed health
care system participating in the plan; (d) who chooses to
obtain basic health care coverage from a particular managed
health care system; and (e) who pays or on whose behalf is
paid the full costs for participation in the plan, without any
subsidy from the plan.
(6) "Subsidy" means the difference between the amount
of periodic payment the administrator makes to a managed
health care system on behalf of a subsidized enrollee plus the
administrative cost to the plan of providing the plan to that
subsidized enrollee, and the amount determined to be the subsidized enrollee's responsibility under RCW 70.47.060(2).
(7) "Premium" means a periodic payment, based upon
gross family income which an individual, their employer or
another financial sponsor makes to the plan as consideration
for enrollment in the plan as a subsidized enrollee or a nonsubsidized enrollee.
(8) "Rate" means the amount, negotiated by the administrator with and paid to a participating managed health care
system, that is based upon the enrollment of subsidized and
nonsubsidized enrollees in the plan and in that system. [2000
c 79 § 43; 1997 c 335 § 1; 1997 c 245 § 5. Prior: 1995 c 266
§ 2; 1995 c 2 § 3; 1994 c 309 § 4; 1993 c 492 § 209; 1987 1st
ex.s. c 5 § 4.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Effective date—1995 c 266: See note following RCW 70.47.060.
Effective date—1995 c 2: See note following RCW 43.72.090.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.47.020
70.47.020 Definitions. (Effective January 1, 2005.)
As used in this chapter:
(1) "Washington basic health plan" or "plan" means the
system of enrollment and payment for basic health care services, administered by the plan administrator through participating managed health care systems, created by this chapter.
(2) "Administrator" means the Washington basic health
plan administrator, who also holds the position of administrator of the Washington state health care authority.
(3) "Health coverage tax credit program" means the program created by the Trade Act of 2002 (P.L. 107-210) that
provides a federal tax credit that subsidizes private health
insurance coverage for displaced workers certified to receive
certain trade adjustment assistance benefits and for individuals receiving benefits from the pension benefit guaranty corporation.
(4) "Health coverage tax credit eligible enrollee" means
individual workers and their qualified family members who
lose their jobs due to the effects of international trade and are
eligible for certain trade adjustment assistance benefits; or
are eligible for benefits under the alternative trade adjustment
assistance program; or are people who receive benefits from
[Title 70 RCW—page 81]
70.47.030
Title 70 RCW: Public Health and Safety
the pension benefit guaranty corporation and are at least fiftyfive years old.
(5) "Managed health care system" means: (a) Any health
care organization, including health care providers, insurers,
health care service contractors, health maintenance organizations, or any combination thereof, that provides directly or by
contract basic health care services, as defined by the administrator and rendered by duly licensed providers, to a defined
patient population enrolled in the plan and in the managed
health care system; or (b) a self-funded or self-insured
method of providing insurance coverage to subsidized enrollees provided under RCW 41.05.140 and subject to the limitations under RCW 70.47.100(7).
(6) "Subsidized enrollee" means an individual, or an
individual plus the individual's spouse or dependent children:
(a) Who is not eligible for medicare; (b) who is not confined
or residing in a government-operated institution, unless he or
she meets eligibility criteria adopted by the administrator; (c)
who resides in an area of the state served by a managed health
care system participating in the plan; (d) whose gross family
income at the time of enrollment does not exceed two hundred percent of the federal poverty level as adjusted for family size and determined annually by the federal department of
health and human services; and (e) who chooses to obtain
basic health care coverage from a particular managed health
care system in return for periodic payments to the plan. To
the extent that state funds are specifically appropriated for
this purpose, with a corresponding federal match, "subsidized
enrollee" also means an individual, or an individual's spouse
or dependent children, who meets the requirements in (a)
through (c) and (e) of this subsection and whose gross family
income at the time of enrollment is more than two hundred
percent, but less than two hundred fifty-one percent, of the
federal poverty level as adjusted for family size and determined annually by the federal department of health and
human services.
(7) "Nonsubsidized enrollee" means an individual, or an
individual plus the individual's spouse or dependent children:
(a) Who is not eligible for medicare; (b) who is not confined
or residing in a government-operated institution, unless he or
she meets eligibility criteria adopted by the administrator; (c)
who resides in an area of the state served by a managed health
care system participating in the plan; (d) who chooses to
obtain basic health care coverage from a particular managed
health care system; and (e) who pays or on whose behalf is
paid the full costs for participation in the plan, without any
subsidy from the plan.
(8) "Subsidy" means the difference between the amount
of periodic payment the administrator makes to a managed
health care system on behalf of a subsidized enrollee plus the
administrative cost to the plan of providing the plan to that
subsidized enrollee, and the amount determined to be the subsidized enrollee's responsibility under RCW 70.47.060(2).
(9) "Premium" means a periodic payment, based upon
gross family income which an individual, their employer or
another financial sponsor makes to the plan as consideration
for enrollment in the plan as a subsidized enrollee, a nonsubsidized enrollee, or a health coverage tax credit eligible
enrollee.
(10) "Rate" means the amount, negotiated by the administrator with and paid to a participating managed health care
[Title 70 RCW—page 82]
system, that is based upon the enrollment of subsidized, nonsubsidized, and health coverage tax credit eligible enrollees
in the plan and in that system. [2004 c 192 § 1; 2000 c 79 §
43; 1997 c 335 § 1; 1997 c 245 § 5. Prior: 1995 c 266 § 2;
1995 c 2 § 3; 1994 c 309 § 4; 1993 c 492 § 209; 1987 1st ex.s.
c 5 § 4.]
Effective date—2004 c 192: "This act takes effect January 1, 2005."
[2004 c 192 § 6.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Effective date—1995 c 266: See note following RCW 70.47.060.
Effective date—1995 c 2: See note following RCW 43.72.090.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.47.030
70.47.030 Basic health plan trust account—Basic
health plan subscription account. (Effective until January
1, 2005.) (1) The basic health plan trust account is hereby
established in the state treasury. Any nongeneral fund-state
funds collected for this program shall be deposited in the
basic health plan trust account and may be expended without
further appropriation. Moneys in the account shall be used
exclusively for the purposes of this chapter, including payments to participating managed health care systems on behalf
of enrollees in the plan and payment of costs of administering
the plan.
During the 1995-97 fiscal biennium, the legislature may
transfer funds from the basic health plan trust account to the
state general fund.
(2) The basic health plan subscription account is created
in the custody of the state treasurer. All receipts from
amounts due from or on behalf of nonsubsidized enrollees
shall be deposited into the account. Funds in the account shall
be used exclusively for the purposes of this chapter, including
payments to participating managed health care systems on
behalf of nonsubsidized enrollees in the plan and payment of
costs of administering the plan. The account is subject to
allotment procedures under chapter 43.88 RCW, but no
appropriation is required for expenditures.
(3) The administrator shall take every precaution to see
that none of the funds in the separate accounts created in this
section or that any premiums paid either by subsidized or
nonsubsidized enrollees are commingled in any way, except
that the administrator may combine funds designated for
administration of the plan into a single administrative
account. [1995 2nd sp.s. c 18 § 913; 1993 c 492 § 210; 1992
c 232 § 907. Prior: 1991 sp.s. c 13 § 68; 1991 sp.s. c 4 § 1;
1987 1st ex.s. c 5 § 5.]
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Severability—1992 c 232: See note following RCW 43.33A.180.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1991 sp.s. c 4: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
(2004 Ed.)
Basic Health Plan—Health Care Access Act
government and its existing public institutions, and shall take effect July 1,
1991." [1991 sp.s. c 4 § 4.]
70.47.060
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
five other employees of the plan shall be exempt from the
civil service law, chapter 41.06 RCW.
(2) The administrator shall employ such other staff as are
necessary to fulfill the responsibilities and duties of the
administrator, such staff to be subject to the civil service law,
chapter 41.06 RCW. In addition, the administrator may contract with third parties for services necessary to carry out its
activities where this will promote economy, avoid duplication of effort, and make best use of available expertise. Any
such contractor or consultant shall be prohibited from releasing, publishing, or otherwise using any information made
available to it under its contractual responsibility without
specific permission of the plan. The administrator may call
upon other agencies of the state to provide available information as necessary to assist the administrator in meeting its
responsibilities under this chapter, which information shall
be supplied as promptly as circumstances permit.
(3) The administrator may appoint such technical or
advisory committees as he or she deems necessary. The
administrator shall appoint a standing technical advisory
committee that is representative of health care professionals,
health care providers, and those directly involved in the purchase, provision, or delivery of health care services, as well
as consumers and those knowledgeable of the ethical issues
involved with health care public policy. Individuals
appointed to any technical or other advisory committee shall
serve without compensation for their services as members,
but may be reimbursed for their travel expenses pursuant to
RCW 43.03.050 and 43.03.060.
(4) The administrator may apply for, receive, and accept
grants, gifts, and other payments, including property and service, from any governmental or other public or private entity
or person, and may make arrangements as to the use of these
receipts, including the undertaking of special studies and
other projects relating to health care costs and access to
health care.
(5) Whenever feasible, the administrator shall reduce the
administrative cost of operating the program by adopting
joint policies or procedures applicable to both the basic
health plan and employee health plans. [1993 c 492 § 211;
1987 1st ex.s. c 5 § 6.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.47.030
70.47.030 Basic health plan trust account—Basic
health plan subscription account. (Effective January 1,
2005.) (1) The basic health plan trust account is hereby
established in the state treasury. Any nongeneral fund-state
funds collected for this program shall be deposited in the
basic health plan trust account and may be expended without
further appropriation. Moneys in the account shall be used
exclusively for the purposes of this chapter, including payments to participating managed health care systems on behalf
of enrollees in the plan and payment of costs of administering
the plan.
During the 1995-97 fiscal biennium, the legislature may
transfer funds from the basic health plan trust account to the
state general fund.
(2) The basic health plan subscription account is created
in the custody of the state treasurer. All receipts from
amounts due from or on behalf of nonsubsidized enrollees
and health coverage tax credit eligible enrollees shall be
deposited into the account. Funds in the account shall be
used exclusively for the purposes of this chapter, including
payments to participating managed health care systems on
behalf of nonsubsidized enrollees and health coverage tax
credit eligible enrollees in the plan and payment of costs of
administering the plan. The account is subject to allotment
procedures under chapter 43.88 RCW, but no appropriation is
required for expenditures.
(3) The administrator shall take every precaution to see
that none of the funds in the separate accounts created in this
section or that any premiums paid either by subsidized or
nonsubsidized enrollees are commingled in any way, except
that the administrator may combine funds designated for
administration of the plan into a single administrative
account. [2004 c 192 § 2; 1995 2nd sp.s. c 18 § 913; 1993 c
492 § 210; 1992 c 232 § 907. Prior: 1991 sp.s. c 13 § 68;
1991 sp.s. c 4 § 1; 1987 1st ex.s. c 5 § 5.]
Effective date—2004 c 192: See note following RCW 70.47.020.
Severability—1992 c 232: See note following RCW 43.33A.180.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1991 sp.s. c 4: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1991." [1991 sp.s. c 4 § 4.]
70.47.040
70.47.040 Basic health plan—Health care authority
head to be administrator—Joint operations—Technical
advisory committee. (1) The Washington basic health plan
is created as a program within the Washington state health
care authority. The administrative head and appointing
authority of the plan shall be the administrator of the Washington state health care authority. The administrator shall
appoint a medical director. The medical director and up to
(2004 Ed.)
70.47.050
70.47.050 Rules. The administrator may promulgate
and adopt rules consistent with this chapter to carry out the
purposes of this chapter. All rules shall be adopted in accordance with chapter 34.05 RCW. [1987 1st ex.s. c 5 § 7.]
70.47.060
70.47.060 Powers and duties of administrator—
Schedule of services—Premiums, copayments, subsidies—Enrollment. (Effective until January 1, 2005.) The
administrator has the following powers and duties:
(1) To design and from time to time revise a schedule of
covered basic health care services, including physician services, inpatient and outpatient hospital services, prescription
drugs and medications, and other services that may be necessary for basic health care. In addition, the administrator may,
to the extent that funds are available, offer as basic health
[Title 70 RCW—page 83]
70.47.060
Title 70 RCW: Public Health and Safety
plan services chemical dependency services, mental health
services and organ transplant services; however, no one service or any combination of these three services shall increase
the actuarial value of the basic health plan benefits by more
than five percent excluding inflation, as determined by the
office of financial management. All subsidized and nonsubsidized enrollees in any participating managed health care system under the Washington basic health plan shall be entitled
to receive covered basic health care services in return for premium payments to the plan. The schedule of services shall
emphasize proven preventive and primary health care and
shall include all services necessary for prenatal, postnatal,
and well-child care. However, with respect to coverage for
subsidized enrollees who are eligible to receive prenatal and
postnatal services through the medical assistance program
under chapter 74.09 RCW, the administrator shall not contract for such services except to the extent that such services
are necessary over not more than a one-month period in order
to maintain continuity of care after diagnosis of pregnancy by
the managed care provider. The schedule of services shall
also include a separate schedule of basic health care services
for children, eighteen years of age and younger, for those
subsidized or nonsubsidized enrollees who choose to secure
basic coverage through the plan only for their dependent children. In designing and revising the schedule of services, the
administrator shall consider the guidelines for assessing
health services under the mandated benefits act of 1984,
RCW 48.47.030, and such other factors as the administrator
deems appropriate.
(2)(a) To design and implement a structure of periodic
premiums due the administrator from subsidized enrollees
that is based upon gross family income, giving appropriate
consideration to family size and the ages of all family members. The enrollment of children shall not require the enrollment of their parent or parents who are eligible for the plan.
The structure of periodic premiums shall be applied to subsidized enrollees entering the plan as individuals pursuant to
subsection (9) of this section and to the share of the cost of
the plan due from subsidized enrollees entering the plan as
employees pursuant to subsection (10) of this section.
(b) To determine the periodic premiums due the administrator from nonsubsidized enrollees. Premiums due from
nonsubsidized enrollees shall be in an amount equal to the
cost charged by the managed health care system provider to
the state for the plan plus the administrative cost of providing
the plan to those enrollees and the premium tax under RCW
48.14.0201.
(c) An employer or other financial sponsor may, with the
prior approval of the administrator, pay the premium, rate, or
any other amount on behalf of a subsidized or nonsubsidized
enrollee, by arrangement with the enrollee and through a
mechanism acceptable to the administrator.
(d) To develop, as an offering by every health carrier
providing coverage identical to the basic health plan, as configured on January 1, 2001, a basic health plan model plan
with uniformity in enrollee cost-sharing requirements.
(3) To design and implement a structure of enrollee costsharing due a managed health care system from subsidized
and nonsubsidized enrollees. The structure shall discourage
inappropriate enrollee utilization of health care services, and
may utilize copayments, deductibles, and other cost-sharing
[Title 70 RCW—page 84]
mechanisms, but shall not be so costly to enrollees as to constitute a barrier to appropriate utilization of necessary health
care services.
(4) To limit enrollment of persons who qualify for subsidies so as to prevent an overexpenditure of appropriations for
such purposes. Whenever the administrator finds that there is
danger of such an overexpenditure, the administrator shall
close enrollment until the administrator finds the danger no
longer exists.
(5) To limit the payment of subsidies to subsidized
enrollees, as defined in RCW 70.47.020. The level of subsidy
provided to persons who qualify may be based on the lowest
cost plans, as defined by the administrator.
(6) To adopt a schedule for the orderly development of
the delivery of services and availability of the plan to residents of the state, subject to the limitations contained in RCW
70.47.080 or any act appropriating funds for the plan.
(7) To solicit and accept applications from managed
health care systems, as defined in this chapter, for inclusion
as eligible basic health care providers under the plan for
either subsidized enrollees, or nonsubsidized enrollees, or
both. The administrator shall endeavor to assure that covered
basic health care services are available to any enrollee of the
plan from among a selection of two or more participating
managed health care systems. In adopting any rules or procedures applicable to managed health care systems and in its
dealings with such systems, the administrator shall consider
and make suitable allowance for the need for health care services and the differences in local availability of health care
resources, along with other resources, within and among the
several areas of the state. Contracts with participating managed health care systems shall ensure that basic health plan
enrollees who become eligible for medical assistance may, at
their option, continue to receive services from their existing
providers within the managed health care system if such providers have entered into provider agreements with the department of social and health services.
(8) To receive periodic premiums from or on behalf of
subsidized and nonsubsidized enrollees, deposit them in the
basic health plan operating account, keep records of enrollee
status, and authorize periodic payments to managed health
care systems on the basis of the number of enrollees participating in the respective managed health care systems.
(9) To accept applications from individuals residing in
areas served by the plan, on behalf of themselves and their
spouses and dependent children, for enrollment in the Washington basic health plan as subsidized or nonsubsidized
enrollees, to establish appropriate minimum-enrollment periods for enrollees as may be necessary, and to determine, upon
application and on a reasonable schedule defined by the
authority, or at the request of any enrollee, eligibility due to
current gross family income for sliding scale premiums.
Funds received by a family as part of participation in the
adoption support program authorized under RCW 26.33.320
and 74.13.100 through 74.13.145 shall not be counted toward
a family's current gross family income for the purposes of this
chapter. When an enrollee fails to report income or income
changes accurately, the administrator shall have the authority
either to bill the enrollee for the amounts overpaid by the
state or to impose civil penalties of up to two hundred percent
of the amount of subsidy overpaid due to the enrollee incor(2004 Ed.)
Basic Health Plan—Health Care Access Act
rectly reporting income. The administrator shall adopt rules
to define the appropriate application of these sanctions and
the processes to implement the sanctions provided in this
subsection, within available resources. No subsidy may be
paid with respect to any enrollee whose current gross family
income exceeds twice the federal poverty level or, subject to
RCW 70.47.110, who is a recipient of medical assistance or
medical care services under chapter 74.09 RCW. If a number
of enrollees drop their enrollment for no apparent good cause,
the administrator may establish appropriate rules or requirements that are applicable to such individuals before they will
be allowed to reenroll in the plan.
(10) To accept applications from business owners on
behalf of themselves and their employees, spouses, and
dependent children, as subsidized or nonsubsidized enrollees,
who reside in an area served by the plan. The administrator
may require all or the substantial majority of the eligible
employees of such businesses to enroll in the plan and establish those procedures necessary to facilitate the orderly
enrollment of groups in the plan and into a managed health
care system. The administrator may require that a business
owner pay at least an amount equal to what the employee
pays after the state pays its portion of the subsidized premium
cost of the plan on behalf of each employee enrolled in the
plan. Enrollment is limited to those not eligible for medicare
who wish to enroll in the plan and choose to obtain the basic
health care coverage and services from a managed care system participating in the plan. The administrator shall adjust
the amount determined to be due on behalf of or from all such
enrollees whenever the amount negotiated by the administrator with the participating managed health care system or systems is modified or the administrative cost of providing the
plan to such enrollees changes.
(11) To determine the rate to be paid to each participating managed health care system in return for the provision of
covered basic health care services to enrollees in the system.
Although the schedule of covered basic health care services
will be the same or actuarially equivalent for similar enrollees, the rates negotiated with participating managed health
care systems may vary among the systems. In negotiating
rates with participating systems, the administrator shall consider the characteristics of the populations served by the
respective systems, economic circumstances of the local area,
the need to conserve the resources of the basic health plan
trust account, and other factors the administrator finds relevant.
(12) To monitor the provision of covered services to
enrollees by participating managed health care systems in
order to assure enrollee access to good quality basic health
care, to require periodic data reports concerning the utilization of health care services rendered to enrollees in order to
provide adequate information for evaluation, and to inspect
the books and records of participating managed health care
systems to assure compliance with the purposes of this chapter. In requiring reports from participating managed health
care systems, including data on services rendered enrollees,
the administrator shall endeavor to minimize costs, both to
the managed health care systems and to the plan. The administrator shall coordinate any such reporting requirements with
other state agencies, such as the insurance commissioner and
the department of health, to minimize duplication of effort.
(2004 Ed.)
70.47.060
(13) To evaluate the effects this chapter has on private
employer-based health care coverage and to take appropriate
measures consistent with state and federal statutes that will
discourage the reduction of such coverage in the state.
(14) To develop a program of proven preventive health
measures and to integrate it into the plan wherever possible
and consistent with this chapter.
(15) To provide, consistent with available funding, assistance for rural residents, underserved populations, and persons of color.
(16) In consultation with appropriate state and local government agencies, to establish criteria defining eligibility for
persons confined or residing in government-operated institutions.
(17) To administer the premium discounts provided
under RCW 48.41.200(3)(a) (i) and (ii) pursuant to a contract
with the Washington state health insurance pool. [2001 c 196
§ 13; 2000 c 79 § 34. Prior: 1998 c 314 § 17; 1998 c 148 § 1;
prior: 1997 c 337 § 2; 1997 c 335 § 2; 1997 c 245 § 6; 1997
c 231 § 206; prior: 1995 c 266 § 1; 1995 c 2 § 4; 1994 c 309
§ 5; 1993 c 492 § 212; 1992 c 232 § 908; prior: 1991 sp.s. c
4 § 2; 1991 c 3 § 339; 1987 1st ex.s. c 5 § 8.]
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Effective date—1997 c 337 §§ 1 and 2: See note following RCW
70.47.015.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
Effective date—1995 c 266: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 266 § 5.]
Effective date—1995 c 2: See note following RCW 43.72.090.
Contingency—1994 c 309 §§ 5 and 6: "If a court in a permanent
injunction, permanent order, or final decision determines that the amendments made by sections 5 and 6, chapter 309, Laws of 1994, must be submitted to the people for their adoption and ratification, or rejection, as a result of
section 13, chapter 2, Laws of 1994, the amendments made by sections 5 and
6, chapter 309, Laws of 1994, shall be null and void." [1994 c 309 § 7.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Severability—1992 c 232: See note following RCW 43.33A.180.
Effective date—1991 sp.s. c 4: See note following RCW 70.47.030.
70.47.060
70.47.060 Powers and duties of administrator—
Schedule of services—Premiums, copayments, subsidies—Enrollment. (Effective January 1, 2005.) The
administrator has the following powers and duties:
(1) To design and from time to time revise a schedule of
covered basic health care services, including physician services, inpatient and outpatient hospital services, prescription
drugs and medications, and other services that may be necessary for basic health care. In addition, the administrator may,
to the extent that funds are available, offer as basic health
plan services chemical dependency services, mental health
services and organ transplant services; however, no one service or any combination of these three services shall increase
the actuarial value of the basic health plan benefits by more
than five percent excluding inflation, as determined by the
[Title 70 RCW—page 85]
70.47.060
Title 70 RCW: Public Health and Safety
office of financial management. All subsidized and nonsubsidized enrollees in any participating managed health care
system under the Washington basic health plan shall be entitled to receive covered basic health care services in return for
premium payments to the plan. The schedule of services
shall emphasize proven preventive and primary health care
and shall include all services necessary for prenatal, postnatal, and well-child care. However, with respect to coverage
for subsidized enrollees who are eligible to receive prenatal
and postnatal services through the medical assistance program under chapter 74.09 RCW, the administrator shall not
contract for such services except to the extent that such services are necessary over not more than a one-month period in
order to maintain continuity of care after diagnosis of pregnancy by the managed care provider. The schedule of services shall also include a separate schedule of basic health
care services for children, eighteen years of age and younger,
for those subsidized or nonsubsidized enrollees who choose
to secure basic coverage through the plan only for their
dependent children. In designing and revising the schedule
of services, the administrator shall consider the guidelines for
assessing health services under the mandated benefits act of
1984, RCW 48.47.030, and such other factors as the administrator deems appropriate.
(2)(a) To design and implement a structure of periodic
premiums due the administrator from subsidized enrollees
that is based upon gross family income, giving appropriate
consideration to family size and the ages of all family members. The enrollment of children shall not require the enrollment of their parent or parents who are eligible for the plan.
The structure of periodic premiums shall be applied to subsidized enrollees entering the plan as individuals pursuant to
subsection (11) of this section and to the share of the cost of
the plan due from subsidized enrollees entering the plan as
employees pursuant to subsection (12) of this section.
(b) To determine the periodic premiums due the administrator from nonsubsidized enrollees. Premiums due from
nonsubsidized enrollees shall be in an amount equal to the
cost charged by the managed health care system provider to
the state for the plan plus the administrative cost of providing
the plan to those enrollees and the premium tax under RCW
48.14.0201.
(c) To determine the periodic premiums due the administrator from health coverage tax credit eligible enrollees.
Premiums due from health coverage tax credit eligible enrollees must be in an amount equal to the cost charged by the
managed health care system provider to the state for the plan,
plus the administrative cost of providing the plan to those
enrollees and the premium tax under RCW 48.14.0201. The
administrator will consider the impact of eligibility determination by the appropriate federal agency designated by the
Trade Act of 2002 (P.L. 107-210) as well as the premium collection and remittance activities by the United States internal
revenue service when determining the administrative cost
charged for health coverage tax credit eligible enrollees.
(d) An employer or other financial sponsor may, with the
prior approval of the administrator, pay the premium, rate, or
any other amount on behalf of a subsidized or nonsubsidized
enrollee, by arrangement with the enrollee and through a
mechanism acceptable to the administrator. The administrator shall establish a mechanism for receiving premium pay[Title 70 RCW—page 86]
ments from the United States internal revenue service for
health coverage tax credit eligible enrollees.
(e) To develop, as an offering by every health carrier
providing coverage identical to the basic health plan, as configured on January 1, 2001, a basic health plan model plan
with uniformity in enrollee cost-sharing requirements.
(3) To evaluate, with the cooperation of participating
managed health care system providers, the impact on the
basic health plan of enrolling health coverage tax credit eligible enrollees. The administrator shall issue to the appropriate
committees of the legislature preliminary evaluations on June
1, 2005, and January 1, 2006, and a final evaluation by June
1, 2006. The evaluation shall address the number of persons
enrolled, the duration of their enrollment, their utilization of
covered services relative to other basic health plan enrollees,
and the extent to which their enrollment contributed to any
change in the cost of the basic health plan.
(4) To end the participation of health coverage tax credit
eligible enrollees in the basic health plan if the federal government reduces or terminates premium payments on their
behalf through the United States internal revenue service.
(5) To design and implement a structure of enrollee costsharing due a managed health care system from subsidized,
nonsubsidized, and health coverage tax credit eligible enrollees. The structure shall discourage inappropriate enrollee utilization of health care services, and may utilize copayments,
deductibles, and other cost-sharing mechanisms, but shall not
be so costly to enrollees as to constitute a barrier to appropriate utilization of necessary health care services.
(6) To limit enrollment of persons who qualify for subsidies so as to prevent an overexpenditure of appropriations for
such purposes. Whenever the administrator finds that there is
danger of such an overexpenditure, the administrator shall
close enrollment until the administrator finds the danger no
longer exists. Such a closure does not apply to health coverage tax credit eligible enrollees who receive a premium subsidy from the United States internal revenue service as long
as the enrollees qualify for the health coverage tax credit program.
(7) To limit the payment of subsidies to subsidized
enrollees, as defined in RCW 70.47.020. The level of subsidy provided to persons who qualify may be based on the
lowest cost plans, as defined by the administrator.
(8) To adopt a schedule for the orderly development of
the delivery of services and availability of the plan to residents of the state, subject to the limitations contained in RCW
70.47.080 or any act appropriating funds for the plan.
(9) To solicit and accept applications from managed
health care systems, as defined in this chapter, for inclusion
as eligible basic health care providers under the plan for subsidized enrollees, nonsubsidized enrollees, or health coverage tax credit eligible enrollees. The administrator shall
endeavor to assure that covered basic health care services are
available to any enrollee of the plan from among a selection
of two or more participating managed health care systems. In
adopting any rules or procedures applicable to managed
health care systems and in its dealings with such systems, the
administrator shall consider and make suitable allowance for
the need for health care services and the differences in local
availability of health care resources, along with other
resources, within and among the several areas of the state.
(2004 Ed.)
Basic Health Plan—Health Care Access Act
Contracts with participating managed health care systems
shall ensure that basic health plan enrollees who become eligible for medical assistance may, at their option, continue to
receive services from their existing providers within the managed health care system if such providers have entered into
provider agreements with the department of social and health
services.
(10) To receive periodic premiums from or on behalf of
subsidized, nonsubsidized, and health coverage tax credit eligible enrollees, deposit them in the basic health plan operating account, keep records of enrollee status, and authorize
periodic payments to managed health care systems on the
basis of the number of enrollees participating in the respective managed health care systems.
(11) To accept applications from individuals residing in
areas served by the plan, on behalf of themselves and their
spouses and dependent children, for enrollment in the Washington basic health plan as subsidized, nonsubsidized, or
health coverage tax credit eligible enrollees, to establish
appropriate minimum-enrollment periods for enrollees as
may be necessary, and to determine, upon application and on
a reasonable schedule defined by the authority, or at the
request of any enrollee, eligibility due to current gross family
income for sliding scale premiums. Funds received by a family as part of participation in the adoption support program
authorized under RCW 26.33.320 and 74.13.100 through
74.13.145 shall not be counted toward a family's current
gross family income for the purposes of this chapter. When
an enrollee fails to report income or income changes accurately, the administrator shall have the authority either to bill
the enrollee for the amounts overpaid by the state or to
impose civil penalties of up to two hundred percent of the
amount of subsidy overpaid due to the enrollee incorrectly
reporting income. The administrator shall adopt rules to
define the appropriate application of these sanctions and the
processes to implement the sanctions provided in this subsection, within available resources. No subsidy may be paid
with respect to any enrollee whose current gross family
income exceeds twice the federal poverty level or, subject to
RCW 70.47.110, who is a recipient of medical assistance or
medical care services under chapter 74.09 RCW. If a number
of enrollees drop their enrollment for no apparent good cause,
the administrator may establish appropriate rules or requirements that are applicable to such individuals before they will
be allowed to reenroll in the plan.
(12) To accept applications from business owners on
behalf of themselves and their employees, spouses, and
dependent children, as subsidized or nonsubsidized enrollees,
who reside in an area served by the plan. The administrator
may require all or the substantial majority of the eligible
employees of such businesses to enroll in the plan and establish those procedures necessary to facilitate the orderly
enrollment of groups in the plan and into a managed health
care system. The administrator may require that a business
owner pay at least an amount equal to what the employee
pays after the state pays its portion of the subsidized premium
cost of the plan on behalf of each employee enrolled in the
plan. Enrollment is limited to those not eligible for medicare
who wish to enroll in the plan and choose to obtain the basic
health care coverage and services from a managed care system participating in the plan. The administrator shall adjust
(2004 Ed.)
70.47.060
the amount determined to be due on behalf of or from all such
enrollees whenever the amount negotiated by the administrator with the participating managed health care system or systems is modified or the administrative cost of providing the
plan to such enrollees changes.
(13) To determine the rate to be paid to each participating managed health care system in return for the provision of
covered basic health care services to enrollees in the system.
Although the schedule of covered basic health care services
will be the same or actuarially equivalent for similar enrollees, the rates negotiated with participating managed health
care systems may vary among the systems. In negotiating
rates with participating systems, the administrator shall consider the characteristics of the populations served by the
respective systems, economic circumstances of the local area,
the need to conserve the resources of the basic health plan
trust account, and other factors the administrator finds relevant.
(14) To monitor the provision of covered services to
enrollees by participating managed health care systems in
order to assure enrollee access to good quality basic health
care, to require periodic data reports concerning the utilization of health care services rendered to enrollees in order to
provide adequate information for evaluation, and to inspect
the books and records of participating managed health care
systems to assure compliance with the purposes of this chapter. In requiring reports from participating managed health
care systems, including data on services rendered enrollees,
the administrator shall endeavor to minimize costs, both to
the managed health care systems and to the plan. The administrator shall coordinate any such reporting requirements with
other state agencies, such as the insurance commissioner and
the department of health, to minimize duplication of effort.
(15) To evaluate the effects this chapter has on private
employer-based health care coverage and to take appropriate
measures consistent with state and federal statutes that will
discourage the reduction of such coverage in the state.
(16) To develop a program of proven preventive health
measures and to integrate it into the plan wherever possible
and consistent with this chapter.
(17) To provide, consistent with available funding, assistance for rural residents, underserved populations, and persons of color.
(18) In consultation with appropriate state and local government agencies, to establish criteria defining eligibility for
persons confined or residing in government-operated institutions.
(19) To administer the premium discounts provided
under RCW 48.41.200(3)(a) (i) and (ii) pursuant to a contract
with the Washington state health insurance pool. [2004 c 192
§ 3; 2001 c 196 § 13; 2000 c 79 § 34. Prior: 1998 c 314 § 17;
1998 c 148 § 1; prior: 1997 c 337 § 2; 1997 c 335 § 2; 1997
c 245 § 6; 1997 c 231 § 206; prior: 1995 c 266 § 1; 1995 c 2
§ 4; 1994 c 309 § 5; 1993 c 492 § 212; 1992 c 232 § 908;
prior: 1991 sp.s. c 4 § 2; 1991 c 3 § 339; 1987 1st ex.s. c 5 §
8.]
Effective date—2004 c 192: See note following RCW 70.47.020.
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
[Title 70 RCW—page 87]
70.47.070
Title 70 RCW: Public Health and Safety
Effective date—1997 c 337 §§ 1 and 2: See note following RCW
70.47.015.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
Effective date—1995 c 266: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 266 § 5.]
Effective date—1995 c 2: See note following RCW 43.72.090.
Contingency—1994 c 309 §§ 5 and 6: "If a court in a permanent
injunction, permanent order, or final decision determines that the amendments made by sections 5 and 6, chapter 309, Laws of 1994, must be submitted to the people for their adoption and ratification, or rejection, as a result of
section 13, chapter 2, Laws of 1994, the amendments made by sections 5 and
6, chapter 309, Laws of 1994, shall be null and void." [1994 c 309 § 7.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Severability—1992 c 232: See note following RCW 43.33A.180.
Effective date—1991 sp.s. c 4: See note following RCW 70.47.030.
70.47.090
70.47.090 Removal of enrollees. Any enrollee whose
premium payments to the plan are delinquent or who moves
his or her residence out of an area served by the plan may be
dropped from enrollment status. An enrollee whose premium
is the responsibility of the department of social and health
services under RCW 70.47.110 may not be dropped solely
because of nonpayment by the department. The administrator
shall provide delinquent enrollees with advance written
notice of their removal from the plan and shall provide for a
hearing under chapters 34.05 and 34.12 RCW for any
enrollee who contests the decision to drop the enrollee from
the plan. Upon removal of an enrollee from the plan, the
administrator shall promptly notify the managed health care
system in which the enrollee has been enrolled, and shall not
be responsible for payment for health care services provided
to the enrollee (including, if applicable, members of the
enrollee's family) after the date of notification. A managed
health care system may contest the denial of payment for coverage of an enrollee through a hearing under chapters 34.05
and 34.12 RCW. [1987 1st ex.s. c 5 § 11.]
70.47.070
70.47.070 Benefits from other coverages not reduced.
The benefits available under the plan shall be subject to RCW
48.21.200 and shall be excess to the benefits payable under
the terms of any insurance policy issued to or on the behalf of
an enrollee that provides payments toward medical expenses
without a determination of liability for the injury. [1987 1st
ex.s. c 5 § 9.]
70.47.080
70.47.080 Enrollment of applicants—Participation
limitations. On and after July 1, 1988, the administrator
shall accept for enrollment applicants eligible to receive covered basic health care services from the respective managed
health care systems which are then participating in the plan.
Thereafter, total subsidized enrollment shall not result in
expenditures that exceed the total amount that has been made
available by the legislature in any act appropriating funds to
the plan. To the extent that new funding is appropriated for
expansion, the administrator shall endeavor to secure participation contracts from managed health care systems in geographic areas of the state that are unserved by the plan at the
time at which the new funding is appropriated. In the selection of any such areas the administrator shall take into
account the levels and rates of unemployment in different
areas of the state, the need to provide basic health care coverage to a population reasonably representative of the portion
of the state's population that lacks such coverage, and the
need for geographic, demographic, and economic diversity.
The administrator shall at all times closely monitor
growth patterns of enrollment so as not to exceed that consistent with the orderly development of the plan as a whole, in
any area of the state or in any participating managed health
care system. The annual or biennial enrollment limitations
derived from operation of the plan under this section do not
apply to nonsubsidized enrollees as defined in *RCW
70.47.020(5). [1993 c 492 § 213; 1987 1st ex.s. c 5 § 10.]
*Reviser's note: RCW 70.47.020 was amended by 2004 c 192 § 1,
changing subsection (5) to subsection (7), effective January 1, 2005.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
[Title 70 RCW—page 88]
70.47.100
70.47.100 Participation by a managed health care
system. (Effective until January 1, 2005.) (1) A managed
health care system participating in the plan shall do so by
contract with the administrator and shall provide, directly or
by contract with other health care providers, covered basic
health care services to each enrollee covered by its contract
with the administrator as long as payments from the administrator on behalf of the enrollee are current. A participating
managed health care system may offer, without additional
cost, health care benefits or services not included in the
schedule of covered services under the plan. A participating
managed health care system shall not give preference in
enrollment to enrollees who accept such additional health
care benefits or services. Managed health care systems participating in the plan shall not discriminate against any potential
or current enrollee based upon health status, sex, race, ethnicity, or religion. The administrator may receive and act upon
complaints from enrollees regarding failure to provide covered services or efforts to obtain payment, other than authorized copayments, for covered services directly from enrollees, but nothing in this chapter empowers the administrator to
impose any sanctions under Title 18 RCW or any other professional or facility licensing statute.
(2) The plan shall allow, at least annually, an opportunity
for enrollees to transfer their enrollments among participating
managed health care systems serving their respective areas.
The administrator shall establish a period of at least twenty
days in a given year when this opportunity is afforded enrollees, and in those areas served by more than one participating
managed health care system the administrator shall endeavor
to establish a uniform period for such opportunity. The plan
shall allow enrollees to transfer their enrollment to another
participating managed health care system at any time upon a
showing of good cause for the transfer.
(3) Prior to negotiating with any managed health care
system, the administrator shall determine, on an actuarially
sound basis, the reasonable cost of providing the schedule of
basic health care services, expressed in terms of upper and
lower limits, and recognizing variations in the cost of provid(2004 Ed.)
Basic Health Plan—Health Care Access Act
ing the services through the various systems and in different
areas of the state.
(4) In negotiating with managed health care systems for
participation in the plan, the administrator shall adopt a uniform procedure that includes at least the following:
(a) The administrator shall issue a request for proposals,
including standards regarding the quality of services to be
provided; financial integrity of the responding systems; and
responsiveness to the unmet health care needs of the local
communities or populations that may be served;
(b) The administrator shall then review responsive proposals and may negotiate with respondents to the extent necessary to refine any proposals;
(c) The administrator may then select one or more systems to provide the covered services within a local area; and
(d) The administrator may adopt a policy that gives preference to respondents, such as nonprofit community health
clinics, that have a history of providing quality health care
services to low-income persons.
(5) The administrator may contract with a managed
health care system to provide covered basic health care services to either subsidized enrollees, or nonsubsidized enrollees, or both.
(6) The administrator may establish procedures and policies to further negotiate and contract with managed health
care systems following completion of the request for proposal process in subsection (4) of this section, upon a determination by the administrator that it is necessary to provide
access, as defined in the request for proposal documents, to
covered basic health care services for enrollees.
(7)(a) The administrator shall implement a self-funded
or self-insured method of providing insurance coverage to
subsidized enrollees, as provided under RCW 41.05.140, if
one of the following conditions is met:
(i) The authority determines that no managed health care
system other than the authority is willing and able to provide
access, as defined in the request for proposal documents, to
covered basic health care services for all subsidized enrollees
in an area; or
(ii) The authority determines that no other managed
health care system is willing to provide access, as defined in
the request for proposal documents, for one hundred thirtythree percent of the statewide benchmark price or less, and
the authority is able to offer such coverage at a price that is
less than the lowest price at which any other managed health
care system is willing to provide such access in an area.
(b) The authority shall initiate steps to provide the coverage described in (a) of this subsection within ninety days of
making its determination that the conditions for providing a
self-funded or self-insured method of providing insurance
have been met.
(c) The administrator may not implement a self-funded
or self-insured method of providing insurance in an area
unless the administrator has received a certification from a
member of the American academy of actuaries that the funding available in the basic health plan self-insurance reserve
account is sufficient for the self-funded or self-insured risk
assumed, or expected to be assumed, by the administrator.
[2000 c 79 § 35; 1987 1st ex.s. c 5 § 12.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
(2004 Ed.)
70.47.100
70.47.100
70.47.100 Participation by a managed health care
system. (Effective January 1, 2005.) (1) A managed health
care system participating in the plan shall do so by contract
with the administrator and shall provide, directly or by contract with other health care providers, covered basic health
care services to each enrollee covered by its contract with the
administrator as long as payments from the administrator on
behalf of the enrollee are current. A participating managed
health care system may offer, without additional cost, health
care benefits or services not included in the schedule of covered services under the plan. A participating managed health
care system shall not give preference in enrollment to enrollees who accept such additional health care benefits or services. Managed health care systems participating in the plan
shall not discriminate against any potential or current
enrollee based upon health status, sex, race, ethnicity, or religion. The administrator may receive and act upon complaints
from enrollees regarding failure to provide covered services
or efforts to obtain payment, other than authorized copayments, for covered services directly from enrollees, but nothing in this chapter empowers the administrator to impose any
sanctions under Title 18 RCW or any other professional or
facility licensing statute.
(2) The plan shall allow, at least annually, an opportunity
for enrollees to transfer their enrollments among participating
managed health care systems serving their respective areas.
The administrator shall establish a period of at least twenty
days in a given year when this opportunity is afforded enrollees, and in those areas served by more than one participating
managed health care system the administrator shall endeavor
to establish a uniform period for such opportunity. The plan
shall allow enrollees to transfer their enrollment to another
participating managed health care system at any time upon a
showing of good cause for the transfer.
(3) Prior to negotiating with any managed health care
system, the administrator shall determine, on an actuarially
sound basis, the reasonable cost of providing the schedule of
basic health care services, expressed in terms of upper and
lower limits, and recognizing variations in the cost of providing the services through the various systems and in different
areas of the state.
(4) In negotiating with managed health care systems for
participation in the plan, the administrator shall adopt a uniform procedure that includes at least the following:
(a) The administrator shall issue a request for proposals,
including standards regarding the quality of services to be
provided; financial integrity of the responding systems; and
responsiveness to the unmet health care needs of the local
communities or populations that may be served;
(b) The administrator shall then review responsive proposals and may negotiate with respondents to the extent necessary to refine any proposals;
(c) The administrator may then select one or more systems to provide the covered services within a local area; and
(d) The administrator may adopt a policy that gives preference to respondents, such as nonprofit community health
clinics, that have a history of providing quality health care
services to low-income persons.
(5) The administrator may contract with a managed
health care system to provide covered basic health care services to subsidized enrollees, nonsubsidized enrollees, health
[Title 70 RCW—page 89]
70.47.110
Title 70 RCW: Public Health and Safety
coverage tax credit eligible enrollees, or any combination
thereof.
(6) The administrator may establish procedures and policies to further negotiate and contract with managed health
care systems following completion of the request for proposal process in subsection (4) of this section, upon a determination by the administrator that it is necessary to provide
access, as defined in the request for proposal documents, to
covered basic health care services for enrollees.
(7)(a) The administrator shall implement a self-funded
or self-insured method of providing insurance coverage to
subsidized enrollees, as provided under RCW 41.05.140, if
one of the following conditions is met:
(i) The authority determines that no managed health care
system other than the authority is willing and able to provide
access, as defined in the request for proposal documents, to
covered basic health care services for all subsidized enrollees
in an area; or
(ii) The authority determines that no other managed
health care system is willing to provide access, as defined in
the request for proposal documents, for one hundred thirtythree percent of the statewide benchmark price or less, and
the authority is able to offer such coverage at a price that is
less than the lowest price at which any other managed health
care system is willing to provide such access in an area.
(b) The authority shall initiate steps to provide the coverage described in (a) of this subsection within ninety days of
making its determination that the conditions for providing a
self-funded or self-insured method of providing insurance
have been met.
(c) The administrator may not implement a self-funded
or self-insured method of providing insurance in an area
unless the administrator has received a certification from a
member of the American academy of actuaries that the funding available in the basic health plan self-insurance reserve
account is sufficient for the self-funded or self-insured risk
assumed, or expected to be assumed, by the administrator.
[2004 c 192 § 4; 2000 c 79 § 35; 1987 1st ex.s. c 5 § 12.]
Effective date—2004 c 192: See note following RCW 70.47.020.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
70.47.110 Enrollment of medical assistance recipients. The department of social and health services may make
payments to the administrator or to participating managed
health care systems on behalf of any enrollee who is a recipient of medical care under chapter 74.09 RCW, at the maximum rate allowable for federal matching purposes under
Title XIX of the social security act. Any enrollee on whose
behalf the department of social and health services makes
such payments may continue as an enrollee, making premium
payments based on the enrollee's own income as determined
under the sliding scale, after eligibility for coverage under
chapter 74.09 RCW has ended, as long as the enrollee
remains eligible under this chapter. Nothing in this section
affects the right of any person eligible for coverage under
chapter 74.09 RCW to receive the services offered to other
persons under that chapter but not included in the schedule of
basic health care services covered by the plan. The administrator shall seek to determine which enrollees or prospective
enrollees may be eligible for medical care under chapter
70.47.110
[Title 70 RCW—page 90]
74.09 RCW and may require these individuals to complete
the eligibility determination process under chapter 74.09
RCW prior to enrollment or continued participation in the
plan. The administrator and the department of social and
health services shall cooperatively adopt procedures to facilitate the transition of plan enrollees and payments on their
behalf between the plan and the programs established under
chapter 74.09 RCW. [1991 sp.s. c 4 § 3; 1987 1st ex.s. c 5 §
13.]
Effective date—1991 sp.s. c 4: See note following RCW 70.47.030.
70.47.115
70.47.115 Enrollment of persons in timber impact
areas. (1) The administrator, when specific funding is provided and where feasible, shall make the basic health plan
available in timber impact areas. The administrator shall prioritize making the plan available under this section to the timber impact areas meeting the following criteria, as determined by the employment security department: (a) A lumber
and wood products employment location quotient at or above
the state average; (b) a direct lumber and wood products job
loss of one hundred positions or more; and (c) an annual
unemployment rate twenty percent above the state average.
(2) Persons assisted under this section shall meet the
requirements of enrollee as defined in *RCW 70.47.020(4).
(3) For purposes of this section, "timber impact area"
means:
(a) A county having a population of less than five hundred thousand, or a city or town located within a county having a population of less than five hundred thousand, and
meeting two of the following three criteria, as determined by
the employment security department, for the most recent year
such data is available: (i) A lumber and wood products
employment location quotient at or above the state average;
(ii) projected or actual direct lumber and wood products job
losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less
than five hundred thousand must have direct lumber and
wood products job losses of one thousand positions or more;
or (iii) an annual unemployment rate twenty percent or more
above the state average; or
(b) Additional communities as the economic recovery
coordinating board, established in **RCW 43.31.631, designates based on a finding by the board that each designated
community is socially and economically integrated with
areas that meet the definition of a timber impact area under
(a) of this subsection. [1992 c 21 § 7; 1991 c 315 § 22.]
Reviser's note: *(1) RCW 70.47.020 was amended by 2004 c 192 § 1,
changing subsection (4) to subsection (6), effective January 1, 2005.
**(2) RCW 43.31.631 was repealed by 1995 c 226 § 33 and 1995 c 269
§ 1902, effective July 1, 1995.
Intent—1991 c 315: See note following RCW 28B.50.030.
Severability—Conflict with federal requirements—Effective date—
1991 c 315: See RCW 50.70.900 through 50.70.902.
70.47.120
70.47.120 Administrator—Contracts for services. In
addition to the powers and duties specified in RCW
70.47.040 and 70.47.060, the administrator has the power to
enter into contracts for the following functions and services:
(1) With public or private agencies, to assist the administrator in her or his duties to design or revise the schedule of
covered basic health care services, and/or to monitor or eval(2004 Ed.)
Basic Health Plan—Health Care Access Act
uate the performance of participating managed health care
systems.
(2) With public or private agencies, to provide technical
or professional assistance to health care providers, particularly public or private nonprofit organizations and providers
serving rural areas, who show serious intent and apparent
capability to participate in the plan as managed health care
systems.
(3) With public or private agencies, including health care
service contractors registered under RCW 48.44.015, and
doing business in the state, for marketing and administrative
services in connection with participation of managed health
care systems, enrollment of enrollees, billing and collection
services to the administrator, and other administrative functions ordinarily performed by health care service contractors,
other than insurance. Any activities of a health care service
contractor pursuant to a contract with the administrator under
this section shall be exempt from the provisions and requirements of Title 48 RCW except that persons appointed or
authorized to solicit applications for enrollment in the basic
health plan shall comply with chapter 48.17 RCW. [1997 c
337 § 7; 1987 1st ex.s. c 5 § 14.]
70.47.130
70.47.130 Exemption from insurance code. (1) The
activities and operations of the Washington basic health plan
under this chapter, including those of managed health care
systems to the extent of their participation in the plan, are
exempt from the provisions and requirements of Title 48
RCW except:
(a) Benefits as provided in RCW 70.47.070;
(b) Managed health care systems are subject to the provisions of RCW 48.43.022, 48.43.500, 70.02.045, 48.43.505
through 48.43.535, 43.70.235, 48.43.545, 48.43.550,
70.02.110, and 70.02.900;
(c) Persons appointed or authorized to solicit applications for enrollment in the basic health plan, including
employees of the health care authority, must comply with
chapter 48.17 RCW. For purposes of this subsection (1)(c),
"solicit" does not include distributing information and applications for the basic health plan and responding to questions;
and
(d) Amounts paid to a managed health care system by the
basic health plan for participating in the basic health plan and
providing health care services for nonsubsidized enrollees in
the basic health plan must comply with RCW 48.14.0201.
(2) The purpose of the 1994 amendatory language to this
section in chapter 309, Laws of 1994 is to clarify the intent of
the legislature that premiums paid on behalf of nonsubsidized
enrollees in the basic health plan are subject to the premium
and prepayment tax. The legislature does not consider this
clarifying language to either raise existing taxes nor to
impose a tax that did not exist previously. [2004 c 115 § 2;
2000 c 5 § 21; 1997 c 337 § 8; 1994 c 309 § 6; 1987 1st ex.s.
c 5 § 15.]
Intent—Purpose—2000 c 5: See RCW 48.43.005.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
Contingency—1994 c 309 §§ 5 and 6: See note following RCW
70.47.060.
(2004 Ed.)
70.47.160
70.47.140
70.47.140 Reservation of legislative power. The legislature reserves the right to amend or repeal all or any part of
this chapter at any time and there shall be no vested private
right of any kind against such amendment or repeal. All the
rights, privileges, or immunities conferred by this chapter or
any acts done pursuant thereto shall exist subject to the power
of the legislature to amend or repeal this chapter at any time.
[1987 1st ex.s. c 5 § 2.]
70.47.150
70.47.150 Public disclosure. Notwithstanding the provisions of chapter 42.17 RCW, (1) records obtained,
reviewed by, or on file with the plan containing information
concerning medical treatment of individuals shall be exempt
from public inspection and copying; and (2) actuarial formulas, statistics, and assumptions submitted in support of a rate
filing by a managed health care system or submitted to the
administrator upon his or her request shall be exempt from
public inspection and copying in order to preserve trade
secrets or prevent unfair competition. [1990 c 54 § 1.]
70.47.160
70.47.160 Right of individuals to receive services—
Right of providers, carriers, and facilities to refuse to participate in or pay for services for reason of conscience or
religion—Requirements. (1) The legislature recognizes
that every individual possesses a fundamental right to exercise their religious beliefs and conscience. The legislature
further recognizes that in developing public policy, conflicting religious and moral beliefs must be respected. Therefore,
while recognizing the right of conscientious objection to participating in specific health services, the state shall also recognize the right of individuals enrolled with the basic health
plan to receive the full range of services covered under the
basic health plan.
(2)(a) No individual health care provider, religiously
sponsored health carrier, or health care facility may be
required by law or contract in any circumstances to participate in the provision of or payment for a specific service if
they object to so doing for reason of conscience or religion.
No person may be discriminated against in employment or
professional privileges because of such objection.
(b) The provisions of this section are not intended to
result in an enrollee being denied timely access to any service
included in the basic health plan. Each health carrier shall:
(i) Provide written notice to enrollees, upon enrollment
with the plan, listing services that the carrier refuses to cover
for reason of conscience or religion;
(ii) Provide written information describing how an
enrollee may directly access services in an expeditious manner; and
(iii) Ensure that enrollees refused services under this section have prompt access to the information developed pursuant to (b)(ii) of this subsection.
(c) The administrator shall establish a mechanism or
mechanisms to recognize the right to exercise conscience
while ensuring enrollees timely access to services and to
assure prompt payment to service providers.
(3)(a) No individual or organization with a religious or
moral tenet opposed to a specific service may be required to
purchase coverage for that service or services if they object to
doing so for reason of conscience or religion.
[Title 70 RCW—page 91]
70.47.900
Title 70 RCW: Public Health and Safety
(b) The provisions of this section shall not result in an
enrollee being denied coverage of, and timely access to, any
service or services excluded from their benefits package as a
result of their employer's or another individual's exercise of
the conscience clause in (a) of this subsection.
(c) The administrator shall define the process through
which health carriers may offer the basic health plan to individuals and organizations identified in (a) and (b) of this subsection in accordance with the provisions of subsection (2)(c)
of this section.
(4) Nothing in this section requires the health care
authority, health carriers, health care facilities, or health care
providers to provide any basic health plan service without
payment of appropriate premium share or enrollee cost sharing. [1995 c 266 § 3.]
Effective date—1995 c 266: See note following RCW 70.47.060.
70.47.900
70.47.900 Short title. This chapter shall be known and
may be cited as the health care access act of 1987. [1987 1st
ex.s. c 5 § 1.]
70.47.901
70.47.901 Severability—1987 1st ex.s. c 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1987 1st ex.s. c 5 § 26.]
Chapter 70.48
Chapter 70.48 RCW
CITY AND COUNTY JAILS ACT
Sections
70.48.020
70.48.060
70.48.071
70.48.090
70.48.095
70.48.100
70.48.130
70.48.140
70.48.160
70.48.170
70.48.180
70.48.190
70.48.210
70.48.220
70.48.230
70.48.240
70.48.270
70.48.280
70.48.310
70.48.320
70.48.380
70.48.390
70.48.400
70.48.410
70.48.420
70.48.430
Definitions.
Capital construction—Financial assistance—Rules—Oversight—Cost estimates.
Standards for operation—Adoption by units of local government.
Interlocal contracts for jail services—Responsibility for operation of jail—Departments of corrections authorized.
Regional jails.
Jail register, open to the public—Records confidential—
Exception.
Emergency or necessary medical and health care for confined
persons—Reimbursement procedures—Conditions—Limitations.
Confinement pursuant to authority of the United States.
Post-approval limitation on funding.
Short title.
Authority to locate and operate jail facilities—Counties.
Authority to locate and operate jail facilities—Cities and
towns.
Farms, camps, work release programs, and special detention
facilities.
Confinement may be wherever jail services are contracted—
Defendant contact with defense counsel.
Transportation and temporary confinement of prisoners.
Transfer of felons from jail to state institution—Time limit.
Disposition of proceeds from sale of bonds.
Proceeds of bond sale—Deposits—Administration.
Jail renovation bond retirement fund—Debt-limit general fund
bond retirement account.
Bonds legal investments for public funds.
Special detention facilities—Fees for cost of housing.
Fee payable by person being booked.
Sentences to be served in state institutions—When—Sentences that may be served in jail—Financial responsibility of
city or county.
Financial responsibility for convicted felons.
Financial responsibility for persons detained on parole hold.
Financial responsibility for work release inmates detained in
jail.
[Title 70 RCW—page 92]
70.48.440
70.48.450
70.48.460
70.48.470
70.48.475
70.48.480
Office of financial management to establish reimbursement
rate for cities and counties—Rate until June 30, 1985—Reestablishment of rates.
Local jail reporting form—Information to be provided by city
or county requesting payment for prisoners from state.
Contracts for incarceration services for prisoners not covered
by RCW 70.48.400 through 70.48.450.
Sex, kidnapping offenders—Notices to offenders, law
enforcement officials.
Release of offender or defendant subject to a discharge
review—Required notifications.
Communicable disease prevention guidelines.
70.48.020
70.48.020 Definitions. As used in this chapter the
words and phrases in this section shall have the meanings
indicated unless the context clearly requires otherwise.
(1) "Holding facility" means a facility operated by a governing unit primarily designed, staffed, and used for the temporary housing of adult persons charged with a criminal
offense prior to trial or sentencing and for the temporary
housing of such persons during or after trial and/or sentencing, but in no instance shall the housing exceed thirty days.
(2) "Detention facility" means a facility operated by a
governing unit primarily designed, staffed, and used for the
temporary housing of adult persons charged with a criminal
offense prior to trial or sentencing and for the housing of
adult persons for purposes of punishment and correction after
sentencing or persons serving terms not to exceed ninety
days.
(3) "Special detention facility" means a minimum security facility operated by a governing unit primarily designed,
staffed, and used for the housing of special populations of
sentenced persons who do not require the level of security
normally provided in detention and correctional facilities
including, but not necessarily limited to, persons convicted of
offenses under RCW 46.61.502 or 46.61.504.
(4) "Correctional facility" means a facility operated by a
governing unit primarily designed, staffed, and used for the
housing of adult persons serving terms not exceeding one
year for the purposes of punishment, correction, and rehabilitation following conviction of a criminal offense.
(5) "Jail" means any holding, detention, special detention, or correctional facility as defined in this section.
(6) "Health care" means preventive, diagnostic, and
rehabilitative services provided by licensed health care professionals and/or facilities; such care to include providing
prescription drugs where indicated.
(7) "Governing unit" means the city and/or county or any
combinations of cities and/or counties responsible for the
operation, supervision, and maintenance of a jail.
(8) "Major urban" means a county or combination of
counties which has a city having a population greater than
twenty-six thousand based on the 1978 projections of the
office of financial management.
(9) "Medium urban" means a county or combination of
counties which has a city having a population equal to or
greater than ten thousand but less than twenty-six thousand
based on the 1978 projections of the office of financial management.
(10) "Rural" means a county or combination of counties
which has a city having a population less than ten thousand
based on the 1978 projections of the office of financial management.
(2004 Ed.)
City and County Jails Act
(11) "Office" means the office of financial management.
[1987 c 462 § 6; 1986 c 118 § 1; 1983 c 165 § 34; 1981 c 136
§ 25; 1979 ex.s. c 232 § 11; 1977 ex.s. c 316 § 2.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Effective date—1981 c 136: See RCW 72.09.900.
Severability—1977 ex.s. c 316: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 316 § 26.]
70.48.060
70.48.060 Capital construction—Financial assistance—Rules—Oversight—Cost estimates.
Reviser's note: RCW 70.48.060 was amended by 1987 c 505 § 59
without reference to its repeal by 1987 c 462 § 23, effective January 1, 1988.
It has been decodified for publication purposes pursuant to RCW 1.12.025.
70.48.071
70.48.071 Standards for operation—Adoption by
units of local government. All units of local government
that own or operate adult correctional facilities shall, individually or collectively, adopt standards for the operation of
those facilities no later than January 1, 1988. Cities and towns
shall adopt the standards after considering guidelines established collectively by the cities and towns of the state; counties shall adopt the standards after considering guidelines
established collectively by the counties of the state. These
standards shall be the minimums necessary to meet federal
and state constitutional requirements relating to health,
safety, and welfare of inmates and staff, and specific state and
federal statutory requirements, and to provide for the public's
health, safety, and welfare. Local correctional facilities shall
be operated in accordance with these standards. [1987 c 462
§ 17.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
70.48.090
70.48.090 Interlocal contracts for jail services—
Responsibility for operation of jail—Departments of corrections authorized. (1) Contracts for jail services may be
made between a county and a city, and among counties and
cities. The contracts shall: Be in writing, give one governing
unit the responsibility for the operation of the jails, specify
the responsibilities of each governing unit involved, and
include the applicable charges for custody of the prisoners as
well as the basis for adjustments in the charges. The contracts
may be terminated only by ninety days written notice to the
governing units involved and to the office. The notice shall
state the grounds for termination and the specific plans for
accommodating the affected jail population.
(2) The contract authorized in subsection (1) of this section shall be for a minimum term of ten years when state
funds are provided to construct or remodel a jail in one governing unit that will be used to house prisoners of other governing units. The contract may not be terminated prior to the
end of the term without the office's approval. If the contract is
terminated, or upon the expiration and nonrenewal of the
contract, the governing unit whose jail facility was built or
remodeled to hold the prisoners of other governing units shall
pay to the state treasurer the amount set by the *corrections
standards board or office when it authorized disbursal of state
funds for the remodeling or construction under **RCW
(2004 Ed.)
70.48.100
70.48.120. This amount shall be deposited in the local jail
improvement and construction account and shall fairly represent the construction costs incurred in order to house prisoners from other governing units. The office may pay the funds
to the governing units which had previously contracted for
jail services under rules which the office may adopt. The
acceptance of state funds for constructing or remodeling consolidated jail facilities constitutes agreement to the proportionate amounts set by the office. Notice of the proportionate
amounts shall be given to all governing units involved.
(3) A city or county primarily responsible for the operation of a jail or jails may create a department of corrections to
be in charge of such jail and of all persons confined therein by
law, subject to the authority of the governing unit. If such
department is created, it shall have charge of jails and persons
confined therein. If no such department of corrections is created, the chief law enforcement officer of the city or county
primarily responsible for the operation of said jail shall have
charge of the jail and of all persons confined therein. [2002 c
125 § 1; 1987 c 462 § 7; 1986 c 118 § 6; 1979 ex.s. c 232 §
15; 1977 ex.s. c 316 § 9.]
Reviser's note: *(1) The corrections standards board no longer exists.
See 1987 c 462 § 21.
**(2) RCW 70.48.120 was repealed by 1991 sp.s. c 13 § 122, effective
July 1, 1991.
Effective dates—1987 c 462: See note following RCW 13.04.116.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
70.48.095
70.48.095 Regional jails. (1) Regional jails may be created and operated between two or more local governments, or
one or more local governments and the state, and may be governed by representatives from multiple jurisdictions.
(2) A jurisdiction that confines persons prior to conviction in a regional jail in another county is responsible for providing private telephone, video-conferencing, or in-person
contact between the defendant and his or her public defense
counsel.
(3) The creation and operation of any regional jail must
comply with the interlocal cooperation act described in chapter 39.34 RCW.
(4) Nothing in this section prevents counties and cities
from contracting for jail services as described in RCW
70.48.090. [2002 c 124 § 1.]
70.48.100
70.48.100 Jail register, open to the public—Records
confidential—Exception. (1) A department of corrections
or chief law enforcement officer responsible for the operation
of a jail shall maintain a jail register, open to the public, into
which shall be entered in a timely basis:
(a) The name of each person confined in the jail with the
hour, date and cause of the confinement; and
(b) The hour, date and manner of each person's discharge.
(2) Except as provided in subsection (3) of this section
the records of a person confined in jail shall be held in confidence and shall be made available only to criminal justice
agencies as defined in RCW 43.43.705; or
(a) For use in inspections made pursuant to *RCW
70.48.070;
(b) In jail certification proceedings;
[Title 70 RCW—page 93]
70.48.130
Title 70 RCW: Public Health and Safety
(c) For use in court proceedings upon the written order of
the court in which the proceedings are conducted; or
(d) Upon the written permission of the person.
(3)(a) Law enforcement may use booking photographs
of a person arrested or confined in a local or state penal institution to assist them in conducting investigations of crimes.
(b) Photographs and information concerning a person
convicted of a sex offense as defined in RCW 9.94A.030 may
be disseminated as provided in RCW 4.24.550, 9A.44.130,
9A.44.140, 10.01.200, 43.43.540, 43.43.745, 46.20.187,
70.48.470, 72.09.330, and **section 401, chapter 3, Laws of
1990. [1990 c 3 § 130; 1977 ex.s. c 316 § 10.]
Reviser's note: *(1) RCW 70.48.070 was repealed by 1987 c 462 § 23,
effective January 1, 1988.
**(2) 1990 c 3 § 401 appears as a note following RCW 9A.44.130.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
70.48.130
70.48.130 Emergency or necessary medical and
health care for confined persons—Reimbursement procedures—Conditions—Limitations. It is the intent of the legislature that all jail inmates receive appropriate and costeffective emergency and necessary medical care. Governing
units, the department of social and health services, and medical care providers shall cooperate to achieve the best rates
consistent with adequate care.
Payment for emergency or necessary health care shall be
by the governing unit, except that the department of social
and health services shall directly reimburse the provider pursuant to chapter 74.09 RCW, in accordance with the rates and
benefits established by the department, if the confined person
is eligible under the department's medical care programs as
authorized under chapter 74.09 RCW. After payment by the
department, the financial responsibility for any remaining
balance, including unpaid client liabilities that are a condition
of eligibility or participation under chapter 74.09 RCW, shall
be borne by the medical care provider and the governing unit
as may be mutually agreed upon between the medical care
provider and the governing unit. In the absence of mutual
agreement between the medical care provider and the governing unit, the financial responsibility for any remaining balance shall be borne equally between the medical care provider and the governing unit. Total payments from all sources
to providers for care rendered to confined persons eligible
under chapter 74.09 RCW shall not exceed the amounts that
would be paid by the department for similar services provided under Title XIX medicaid, unless additional resources
are obtained from the confined person.
As part of the screening process upon booking or preparation of an inmate into jail, general information concerning
the inmate's ability to pay for medical care shall be identified,
including insurance or other medical benefits or resources to
which an inmate is entitled. This information shall be made
available to the department, the governing unit, and any provider of health care services.
The governing unit or provider may obtain reimbursement from the confined person for the cost of health care services not provided under chapter 74.09 RCW, including
reimbursement from any insurance program or from other
medical benefit programs available to the confined person.
[Title 70 RCW—page 94]
Nothing in this chapter precludes civil or criminal remedies
to recover the costs of medical care provided jail inmates or
paid for on behalf of inmates by the governing unit. As part
of a judgment and sentence, the courts are authorized to order
defendants to repay all or part of the medical costs incurred
by the governing unit or provider during confinement.
To the extent that a confined person is unable to be financially responsible for medical care and is ineligible for the
department's medical care programs under chapter 74.09
RCW, or for coverage from private sources, and in the
absence of an interlocal agreement or other contracts to the
contrary, the governing unit may obtain reimbursement for
the cost of such medical services from the unit of government
whose law enforcement officers initiated the charges on
which the person is being held in the jail: PROVIDED, That
reimbursement for the cost of such services shall be by the
state for state prisoners being held in a jail who are accused of
either escaping from a state facility or of committing an
offense in a state facility.
There shall be no right of reimbursement to the governing unit from units of government whose law enforcement
officers initiated the charges for which a person is being held
in the jail for care provided after the charges are disposed of
by sentencing or otherwise, unless by intergovernmental
agreement pursuant to chapter 39.34 RCW.
Under no circumstance shall necessary medical services
be denied or delayed because of disputes over the cost of
medical care or a determination of financial responsibility for
payment of the costs of medical care provided to confined
persons.
Nothing in this section shall limit any existing right of
any party, governing unit, or unit of government against the
person receiving the care for the cost of the care provided.
[1993 c 409 § 1; 1986 c 118 § 9; 1977 ex.s. c 316 § 13.]
Effective date—1993 c 409: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 15, 1993]." [1993 c 409 § 2.]
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
70.48.140
70.48.140 Confinement pursuant to authority of the
United States. A person having charge of a jail shall receive
and keep in such jail, when room is available, all persons confined or committed thereto by process or order issued under
authority of the United States until discharged according to
law, the same as if such persons had been committed under
process issued under authority of the state, if provision is
made by the United States for the support of such persons
confined, and for any additional personnel required. [1977
ex.s. c 316 § 14.]
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
70.48.160
70.48.160 Post-approval limitation on funding. Having received approval pursuant to *RCW 70.48.060, a governing unit shall not be eligible for further funding for physical plant standards for a period of ten years from the date of
the completion of the approved project. A jail shall not be
closed for noncompliance to physical plant standards within
this same ten year period. This section does not apply if:
(1) The state elects to fund phased components of a jail
project for which a governing unit has applied. In that
(2004 Ed.)
City and County Jails Act
instance, initially funded components do not constitute full
funding within the meaning of *RCW 70.48.060(1) and
**70.48.070(2) and the state may fund subsequent phases of
the jail project;
(2) There is destruction of the facility because of an act
of God or the result of a negligent and/or criminal act. [1987
c 462 § 9; 1986 c 118 § 10; 1981 c 276 § 3; 1977 ex.s. c 316
§ 16.]
Reviser's note: *(1) RCW 70.48.060 was repealed by 1987 c 462 § 23,
effective January 1, 1988.
**(2) RCW 70.48.070 was repealed by 1987 c 462 § 23, effective January 1, 1988.
Effective dates—1987 c 462: See note following RCW 13.04.116.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
70.48.170
70.48.170 Short title. This chapter shall be known and
may be cited as the City and County Jails Act. [1977 ex.s. c
316 § 17.]
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
70.48.180
70.48.180 Authority to locate and operate jail facilities—Counties. Counties may acquire, build, operate, and
maintain holding, detention, special detention, and correctional facilities as defined in RCW 70.48.020 at any place
designated by the county legislative authority within the territorial limits of the county. The facilities shall comply with
chapter 70.48 RCW and the rules adopted thereunder. [1983
c 165 § 37; 1979 ex.s. c 232 § 16.]
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
70.48.190
70.48.190 Authority to locate and operate jail facilities—Cities and towns. Cities and towns may acquire,
build, operate, and maintain holding, detention, special
detention, and correctional facilities as defined in RCW
70.48.020 at any place within the territorial limits of the
county in which the city or town is situated, as may be
selected by the legislative authority of the municipality. The
facilities comply with the provisions of chapter 70.48 RCW
and rules adopted thereunder. [1983 c 165 § 38; 1977 ex.s. c
316 § 19; 1965 c 7 § 35.21.330. Prior: 1917 c 103 § 1; RRS
§ 10204. Formerly RCW 35.21.330.]
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
70.48.210
70.48.210 Farms, camps, work release programs,
and special detention facilities. (1) All cities and counties
are authorized to establish and maintain farms, camps, and
work release programs and facilities, as well as special detention facilities. The facilities shall meet the requirements of
chapter 70.48 RCW and any rules adopted thereunder.
(2) Farms and camps may be established either inside or
outside the territorial limits of a city or county. A sentence of
confinement in a city or county jail may include placement in
a farm or camp. Unless directed otherwise by court order, the
chief law enforcement officer or department of corrections,
may transfer the prisoner to a farm or camp. The sentencing
court, chief law enforcement officer, or department of corrections may not transfer to a farm or camp a greater number of
(2004 Ed.)
70.48.210
prisoners than can be furnished with constructive employment and can be reasonably accommodated.
(3) The city or county may establish a city or county
work release program and housing facilities for the prisoners
in the program. In such regard, factors such as employment
conditions and the condition of jail facilities should be considered. When a work release program is established the following provisions apply:
(a) A person convicted of a felony and placed in a city or
county jail is eligible for the work release program. A person
sentenced to a city or county jail is eligible for the work
release program. The program may be used as a condition of
probation for a criminal offense. Good conduct is a condition
of participation in the program.
(b) The court may permit a person who is currently, regularly employed to continue his or her employment. The
chief law enforcement officer or department of corrections
shall make all necessary arrangements if possible. The court
may authorize the person to seek suitable employment and
may authorize the chief law enforcement officer or department of corrections to make reasonable efforts to find suitable employment for the person. A person participating in the
work release program may not work in an establishment
where there is a labor dispute.
(c) The work release prisoner shall be confined in a work
release facility or jail unless authorized to be absent from the
facility for program-related purposes, unless the court directs
otherwise.
(d) Each work release prisoner's earnings may be collected by the chief law enforcement officer or a designee. The
chief law enforcement officer or a designee may deduct from
the earnings moneys for the payments for the prisoner's
board, personal expenses inside and outside the jail, a share
of the administrative expenses of this section, court-ordered
victim compensation, and court-ordered restitution. Support
payments for the prisoner's dependents, if any, shall be made
as directed by the court. With the prisoner's consent, the
remaining funds may be used to pay the prisoner's preexisting
debts. Any remaining balance shall be returned to the prisoner.
(e) The prisoner's sentence may be reduced by earned
early release time in accordance with procedures that shall be
developed and promulgated by the work release facility. The
earned early release time shall be for good behavior and good
performance as determined by the facility. The facility shall
not credit the offender with earned early release credits in
advance of the offender actually earning the credits. In the
case of an offender convicted of a serious violent offense or a
sex offense that is a class A felony committed on or after July
1, 1990, the aggregate earned early release time may not
exceed fifteen percent of the sentence. In no other case may
the aggregate earned early release time exceed one-third of
the total sentence.
(f) If the work release prisoner violates the conditions of
custody or employment, the prisoner shall be returned to the
sentencing court. The sentencing court may require the prisoner to spend the remainder of the sentence in actual confinement and may cancel any earned reduction of the sentence.
(4) A special detention facility may be operated by a
noncorrectional agency or by noncorrectional personnel by
contract with the governing unit. The employees shall meet
[Title 70 RCW—page 95]
70.48.220
Title 70 RCW: Public Health and Safety
the standards of training and education established by the
criminal justice training commission as authorized by RCW
43.101.080. The special detention facility may use combinations of features including, but not limited to, low-security or
honor prisoner status, work farm, work release, community
review, prisoner facility maintenance and food preparation,
training programs, or alcohol or drug rehabilitation programs.
Special detention facilities may establish a reasonable fee
schedule to cover the cost of facility housing and programs.
The schedule shall be on a sliding basis that reflects the person's ability to pay. [1990 c 3 § 203; 1989 c 248 § 3; 1985 c
298 § 1; 1983 c 165 § 39; 1979 ex.s. c 232 § 17.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Application—1989 c 248: See note following RCW 9.92.151.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
70.48.220
70.48.220 Confinement may be wherever jail services
are contracted—Defendant contact with defense counsel.
A person confined for an offense punishable by imprisonment in a city or county jail may be confined in the jail of any
city or county contracting with the prosecuting city or county
for jail services.
A jurisdiction that confines persons prior to conviction in
a jail in another county is responsible for providing private
telephone, video-conferencing, or in-person contact between
the defendant and his or her public defense counsel. [2002 c
125 § 2; 1979 ex.s. c 232 § 19.]
70.48.230
70.48.230 Transportation and temporary confinement of prisoners. The jurisdiction having immediate
authority over a prisoner is responsible for the transportation
expenses. The transporting officer shall have custody of the
prisoner within any Washington county while being transported. Any jail within the state may be used for the temporary confinement of the prisoner with the only charge being
for the reasonable cost of board. [1979 ex.s. c 232 § 18.]
and for payment of the expenses incurred in the issuance and
sale of the bonds. [1979 ex.s. c 232 § 3.]
70.48.280
70.48.280 Proceeds of bond sale—Deposits—Administration. The proceeds from the sale of the bonds deposited
in the local jail improvement and construction account of the
general fund under the terms of this chapter shall be administered by the office subject to legislative appropriation. [1987
c 462 § 10; 1986 c 118 § 13; 1979 ex.s. c 232 § 4.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
70.48.310
70.48.310 Jail renovation bond retirement fund—
Debt-limit general fund bond retirement account. The jail
renovation bond retirement fund is hereby created in the state
treasury. This fund shall be used for the payment of interest
on and retirement of the bonds and notes authorized by this
chapter. The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the
bonds. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the jail renovation
bond retirement fund an amount equal to the amount certified
by the state finance committee to be due on the payment date.
The owner and holder of each of the bonds or the trustee for
any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed
in this section.
If a debt-limit general fund bond retirement account is
created in the state treasury by chapter 456, Laws of 1997 and
becomes effective prior to the issuance of any of the bonds
authorized by this chapter, the debt-limit general fund bond
retirement account shall be used for the purposes of this chapter in lieu of the jail renovation bond retirement fund. [1997
c 456 § 26; 1979 ex.s. c 232 § 7.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
70.48.240
70.48.240 Transfer of felons from jail to state institution—Time limit. A person imprisoned in a jail and sentenced to a state institution for a felony conviction shall be
transferred to a state institution before the forty-first day from
the date of sentencing.
This section does not apply to persons sentenced for a
felony who are held in the facility as a condition of probation
or who are specifically sentenced to confinement in the facility.
Payment for persons sentenced to state institutions and
remaining in a jail from the eighth through the fortieth days
following sentencing shall be in accordance with the procedure prescribed under this chapter. [1984 c 235 § 8; 1979
ex.s. c 232 § 20.]
Effective dates—1984 c 235: See note following RCW 70.48.400.
70.48.320
70.48.320 Bonds legal investments for public funds.
The bonds authorized in this chapter shall be a legal investment for all state funds or for funds under state control and
for all funds of any other public body. [1979 ex.s. c 232 § 8.]
70.48.380
70.48.380 Special detention facilities—Fees for cost
of housing. The legislative authority of a county or city that
establishes a special detention facility as defined in RCW
70.48.020 for persons convicted of violating RCW 46.61.502
or 46.61.504 may establish a reasonable fee schedule to cover
the cost of housing in the facility. The schedule shall be on a
sliding basis that reflects the person's ability to pay. [1983 c
165 § 36.]
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
70.48.270
70.48.270 Disposition of proceeds from sale of bonds.
The proceeds from the sale of bonds authorized by this chapter shall be deposited in the local jail improvement and construction account hereby created in the general fund and shall
be used exclusively for the purpose specified in this chapter
[Title 70 RCW—page 96]
70.48.390
70.48.390 Fee payable by person being booked. A
governing unit may require that each person who is booked at
a city, county, or regional jail pay a fee based on the jail's
actual booking costs or one hundred dollars, whichever is
(2004 Ed.)
City and County Jails Act
less, to the sheriff's department of the county or police chief
of the city in which the jail is located. The fee is payable
immediately from any money then possessed by the person
being booked, or any money deposited with the sheriff's
department or city jail administration on the person's behalf.
If the person has no funds at the time of booking or during the
period of incarceration, the sheriff or police chief may notify
the court in the county or city where the charges related to the
booking are pending, and may request the assessment of the
fee. Unless the person is held on other criminal matters, if the
person is not charged, is acquitted, or if all charges are dismissed, the sheriff or police chief shall return the fee to the
person at the last known address listed in the booking
records. [2003 c 99 § 1; 1999 c 325 § 3.]
70.48.400
70.48.400 Sentences to be served in state institutions—When—Sentences that may be served in jail—
Financial responsibility of city or county. Persons sentenced to felony terms or a combination of terms of more than
three hundred sixty-five days of incarceration shall be committed to state institutions under the authority of the department of corrections. Persons serving sentences of three hundred sixty-five consecutive days or less may be sentenced to
a jail as defined in RCW 70.48.020. All persons convicted of
felonies or misdemeanors and sentenced to jail shall be the
financial responsibility of the city or county. [1987 c 462 §
11; 1984 c 235 § 1.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
Effective dates—1984 c 235: "Section 5 of this act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and shall take effect
immediately [March 27, 1984]. The remainder of this act shall take effect
July 1, 1984." [1984 c 235 § 10.]
70.48.410
70.48.410 Financial responsibility for convicted felons. Persons convicted of a felony as defined by chapter
9A.20 RCW and committed to the care and custody of the
department of corrections shall be the financial responsibility
of the department of corrections not later than the eighth day,
excluding weekends and holidays, following sentencing for
the felony and notification that the prisoner is available for
movement to a state correctional institution. However, if
good cause is shown, a superior court judge may order the
prisoner detained in the jail beyond the eight-day period for
an additional period not to exceed ten days. If a superior court
orders a convicted felon to be detained beyond the eighth day
following sentencing, the county or city shall retain financial
responsibility for that ten-day period or portion thereof
ordered by the court. [1984 c 235 § 2.]
Effective dates—1984 c 235: See note following RCW 70.48.400.
70.48.420
70.48.420 Financial responsibility for persons
detained on parole hold. A person detained in jail solely by
reason of a parole hold is the financial responsibility of the
city or the county detaining the person until the sixteenth day,
at which time the person shall become the financial responsibility of the department of corrections. Persons who are
detained in a jail on a parole hold and for whom the prosecutor has filed a felony charge remain the responsibility of the
city or county. [1984 c 235 § 3.]
Effective dates—1984 c 235: See note following RCW 70.48.400.
(2004 Ed.)
70.48.460
70.48.430
70.48.430 Financial responsibility for work release
inmates detained in jail. Inmates, as defined by *RCW
72.09.020, who reside in a work release facility and who are
detained in a city or county jail are the financial responsibility
of the department of corrections. [1984 c 235 § 4.]
*Reviser's note: RCW 72.09.020 was repealed by 1995 1st sp.s. c 19 §
36.
Effective dates—1984 c 235: See note following RCW 70.48.400.
70.48.440
70.48.440 Office of financial management to establish reimbursement rate for cities and counties—Rate
until June 30, 1985—Re-establishment of rates. The
office of financial management shall establish a uniform
equitable rate for reimbursing cities and counties for the care
of sentenced felons who are the financial responsibility of the
department of corrections and are detained or incarcerated in
a city or county jail.
Until June 30, 1985, the rate for the care of sentenced felons who are the financial responsibility of the department of
corrections shall be ten dollars per day. Cost of extraordinary
emergency medical care incurred by prisoners who are the
financial responsibility of the department of corrections
under this chapter shall be reimbursed. The department of
corrections shall be advised as far in advance as practicable
by competent medical authority of the nature and course of
treatment required to ensure the most efficient use of state
resources to address the medical needs of the offender. In the
event emergency medical care is needed, the department of
corrections shall be advised as soon as practicable after the
offender is treated.
Prior to June 30, 1985, the office of financial management shall meet with the *corrections standards board to
establish criteria to determine equitable rates regarding variable costs for sentenced felons who are the financial responsibility of the department of corrections after June 30, 1985.
The office of financial management shall re-establish these
rates each even-numbered year beginning in 1986. [1984 c
235 § 5.]
*Reviser's note: The corrections standards board no longer exists. See
1987 c 462 § 21.
Effective dates—1984 c 235: See note following RCW 70.48.400.
70.48.450
70.48.450 Local jail reporting form—Information to
be provided by city or county requesting payment for
prisoners from state. The department of corrections is
responsible for developing a reporting form for the local jails.
The form shall require sufficient information to identify the
person, type of state responsibility, method of notification for
availability for movement, and the number of days for which
the state is financially responsible. The information shall be
provided by the city or county requesting payment for prisoners who are the financial responsibility of the department of
corrections. [1984 c 235 § 6.]
Effective dates—1984 c 235: See note following RCW 70.48.400.
70.48.460
70.48.460 Contracts for incarceration services for
prisoners not covered by RCW 70.48.400 through
70.48.450. Nothing in RCW 70.48.400 through 70.48.450
precludes the establishment of mutually agreeable contracts
between the department of corrections and counties for incar[Title 70 RCW—page 97]
70.48.470
Title 70 RCW: Public Health and Safety
ceration services of prisoners not covered by RCW 70.48.400
through 70.48.450. [1984 c 235 § 7.]
Effective dates—1984 c 235: See note following RCW 70.48.400.
70.48.470
70.48.470 Sex, kidnapping offenders—Notices to
offenders, law enforcement officials. (1) A person having
charge of a jail shall notify in writing any confined person
who is in the custody of the jail for a conviction of a sex
offense as defined in RCW 9.94A.030 or a kidnapping
offense as defined in RCW 9A.44.130 of the registration
requirements of RCW 9A.44.130 at the time of the inmate's
release from confinement, and shall obtain written acknowledgment of such notification. The person shall also obtain
from the inmate the county of the inmate's residence upon
release from jail and, where applicable, the city.
(2) When a sex offender or a person convicted of a kidnapping offense as defined in RCW 9A.44.130 under local
government jurisdiction will reside in a county other than the
county of conviction upon discharge or release, the chief law
enforcement officer of the jail or his or her designee shall
give notice of the inmate's discharge or release to the sheriff
of the county and, where applicable, to the police chief of the
city where the offender will reside. [2000 c 91 § 4. Prior:
1997 c 364 § 3; 1997 c 113 § 7; 1996 c 215 § 2; 1990 c 3 §
406.]
(2) The guidelines shall identify special precautions necessary to reduce the risk of transmission of communicable
diseases.
(3) For the purposes of this section, "communicable disease" means a sexually transmitted disease, as defined in
RCW 70.24.017, diseases caused by bloodborne pathogens,
or any other illness caused by an infectious agent that can be
transmitted from one person, animal, or object to another person by direct or indirect means including transmission via an
intermediate host or vector, food, water, or air. [1997 c 345 §
5.]
Findings—Intent—1997 c 345: See note following RCW 70.24.105.
Chapter 70.48A
Chapter 70.48A RCW
JAIL IMPROVEMENT AND
CONSTRUCTION—BOND ISSUE
Sections
70.48A.010
70.48A.020
70.48A.030
70.48A.040
70.48A.050
70.48A.060
70.48A.070
70.48A.080
70.48A.090
70.48A.900
Legislative declaration.
Bond issue authorized—Appropriations.
Proceeds from bond sale—Deposit, use.
Proceeds from bond sale—Administration.
Bonds—Minimum sale price.
Bonds—State's full faith and credit pledged.
Bonds—Payment of interest, retirement.
Bonds legal investment for public funds.
Legislative intent.
Severability—1981 c 131.
Severability—1997 c 364: See note following RCW 4.24.550.
70.48A.010 Legislative declaration. In order for the
state to provide safe and humane detention and correctional
facilities, its long range development goals must include the
renovation of jail buildings and facilities. [1981 c 131 § 1.]
70.48A.010
Findings—1997 c 113: See note following RCW 4.24.550.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
70.48.475
70.48.475 Release of offender or defendant subject to
a discharge review—Required notifications. (1) A person
having charge of a jail, or that person's designee, shall notify
the county designated mental health professional or the designated chemical dependency specialist seventy-two hours
prior to the release to the community of an offender or defendant who was subject to a discharge review under RCW
71.05.232. If the person having charge of the jail does not
receive seventy-two hours notice of the release, the notification to the county designated mental health professional or
the designated chemical dependency specialist shall be made
as soon as reasonably possible, but not later than the actual
release to the community of the defendant or offender.
(2) When a person having charge of a jail, or that person's designee, releases an offender or defendant who was the
subject of a discharge review under RCW 71.05.232, the person having charge of a jail, or that person's designee, shall
notify the state hospital from which the offender or defendant
was released. [2004 c 166 § 14.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
70.48A.020 Bond issue authorized—Appropriations.
For the purpose of providing funds for the planning, acquisition, construction, and improvement of jail buildings and
necessary supporting facilities within the state, and the office
of financial management's operational costs related to the
review of physical plant funding applications, award of
grants, and construction monitoring, the state finance committee is authorized to issue general obligation bonds of the
state of Washington in the sum of one hundred forty-four million three hundred thousand dollars, or so much thereof as
may be required, to finance the improvements defined in
RCW 70.48A.010 through 70.48A.080 and all costs incidental thereto, including administration, but not including acquisition or preparation of sites. Appropriations for administration shall be determined by the legislature. No bonds authorized by this section may be offered for sale without prior
legislative appropriation of the proceeds of the bonds to be
sold: PROVIDED, That the reappropriation of previously
authorized bond moneys and this new appropriation shall
constitute full funding of each approved project within the
meaning of *RCW 70.48.070 and 70.48.110. [1987 c 462 §
13; 1986 c 118 § 16; 1983 1st ex.s. c 63 § 1; 1981 c 131 § 2.]
70.48A.020
70.48.480
70.48.480 Communicable disease prevention guidelines. (1) Local jail administrators shall develop and implement policies and procedures for the uniform distribution of
communicable disease prevention guidelines to all jail staff
who, in the course of their regularly assigned job responsibilities, may come within close physical proximity to offenders
or detainees with communicable diseases.
[Title 70 RCW—page 98]
*Reviser's note: RCW 70.48.070 and 70.48.110 were repealed by 1987
c 462 § 23, effective January 1, 1988.
Effective dates—1987 c 462: See note following RCW 13.04.116.
70.48A.030 Proceeds from bond sale—Deposit, use.
The proceeds from the sale of bonds authorized by RCW
70.48A.010 through 70.48A.080 shall be deposited in the
70.48A.030
(2004 Ed.)
State Otologist
local jail improvement and construction account in the general fund and shall be used exclusively for the purpose specified in RCW 70.48A.010 through 70.48A.080 and for payment of the expenses incurred in the issuance and sale of the
bonds. [1981 c 131 § 3.]
70.48A.040
70.48A.040 Proceeds from bond sale—Administration. The proceeds from the sale of the bonds deposited in
the local jail improvement and construction account in the
general fund under the terms of RCW 70.48A.010 through
70.48A.080 shall be administered by the office of financial
management subject to legislative appropriation. [1987 c 462
§ 14; 1986 c 118 § 17; 1981 c 131 § 4.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
Chapter 70.54
relate directly to life safety of inmates or jail personnel may
be ordered. [1981 c 131 § 9.]
70.48A.900
70.48A.900 Severability—1981 c 131. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 131 § 11.]
Chapter 70.50
Chapter 70.50 RCW
STATE OTOLOGIST
Sections
70.50.010
70.50.020
Appointment—Salary.
Duties.
70.48A.050
70.48A.050 Bonds—Minimum sale price. None of the
bonds authorized in RCW 70.48A.010 through 70.48A.080
may be sold for less than their par value. [1981 c 131 § 5.]
Reviser's note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
Hearing tests for public school children: RCW 28A.210.020.
70.48A.060
70.48A.060 Bonds—State's full faith and credit
pledged. The bonds shall pledge the full faith and credit of
the state of Washington and shall contain an unconditional
promise to pay the principal and interest when due. [1981 c
131 § 6.]
70.48A.070
70.48A.070 Bonds—Payment of interest, retirement.
The debt-limit general fund bond retirement account shall be
used for the payment of principal and interest on and retirement of the bonds authorized by RCW 70.48A.010 through
70.48A.080.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
in the next succeeding twelve months for the payment of the
principal of and the interest coming due on the bonds. Not
less than thirty days prior to the date on which any interest or
principal and interest payment is due, the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the debt-limit general fund bond
retirement account an amount equal to the amount certified
by the state finance committee to be due on the payment date.
The owner and holder of each of the bonds or the trustee
for any of the bonds may by mandamus or other appropriate
proceeding require the transfer and payment of funds as
directed in this section. [1997 c 456 § 27; 1981 c 131 § 7.]
70.50.010
70.50.010 Appointment—Salary. The secretary of
health shall appoint and employ an otologist skilled in diagnosis of diseases of the ear and defects in hearing, especially
for school children with an impaired sense of hearing, and
shall fix the salary of such otologist in a sum not exceeding
the salary of the secretary. [1991 c 3 § 340; 1979 c 141 § 108;
1945 c 23 § 1; Rem. Supp. 1945 § 6010-10.]
70.50.020
70.50.020 Duties. The otologist shall cooperate with
the state department of public instruction, and with the state,
county and city health officers, seeking for the children in the
schools who are hard of hearing, or have an impaired sense of
hearing, and making otological inspections and examinations
of children referred to him by such departments and officers.
Where necessary or proper he shall make recommendations
to parents or guardians of such children, and urge them to
submit such recommendations to physicians to be selected by
such parents or guardians. [1945 c 23 § 2; Rem. Supp. 1945
§ 6010-11.]
Chapter 70.54
Severability—1997 c 456: See RCW 43.99L.900.
Sections
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
70.54.005
70.54.010
70.54.020
70.54.030
70.54.040
70.54.050
70.54.060
70.54.065
70.54.070
70.54.080
70.54.090
70.54.120
Chapter 70.54 RCW
MISCELLANEOUS HEALTH AND
SAFETY PROVISIONS
70.48A.080
70.48A.080 Bonds legal investment for public funds.
The bonds authorized in RCW 70.48A.010 through
70.48A.080 shall be a legal investment for all state funds or
for funds under state control and for all funds of any other
public body. [1981 c 131 § 8.]
70.48A.090
70.48A.090 Legislative intent. It is the intent of the
legislature that the construction and remodeling of jails proceed without further delay, and the jail commission's review
and funding procedures are to reflect this intent. Neither the
jail commission nor local governments should order or authorize capital expenditures to improve jails now in use which
are scheduled for replacement. Capital expenditures which
(2004 Ed.)
70.54.130
70.54.140
70.54.150
70.54.160
Transfer of duties to the department of health.
Polluting water supply—Penalty.
Furnishing impure water—Penalty.
Pollution of watershed of city in adjoining state—Penalty.
Secretary to advise local authorities on sanitation.
Exposing contagious disease—Penalty.
Ambulances and drivers.
Ambulances and drivers—Penalty.
Door of public buildings to swing outward—Penalty.
Liability of person handling steamboat or steam boiler.
Attachment of objects to utility poles—Penalty.
Immunity from implied warranties and civil liability relating
to blood, blood products, tissues, organs, or bones—Scope—
Effective date.
Laetrile—Legislative declaration.
Laetrile—Interference with physician/patient relationship by
health facility—Board of pharmacy, duties.
Physicians not subject to disciplinary action for prescribing or
administering laetrile—Conditions.
Public restrooms—Pay facilities—Penalty.
[Title 70 RCW—page 99]
70.54.005
70.54.180
70.54.190
70.54.200
70.54.220
70.54.230
70.54.240
70.54.250
70.54.260
70.54.270
70.54.280
70.54.290
70.54.300
70.54.305
70.54.310
70.54.320
70.54.330
70.54.340
70.54.350
70.54.360
70.54.370
Title 70 RCW: Public Health and Safety
Deaf persons access to emergency services—Telecommunication devices.
DMSO (dimethyl sulfoxide)—Use—Liability.
Fees for repository of vaccines, biologics.
Practitioners to provide information on prenatal testing.
Cancer registry program.
Cancer registry program—Reporting requirements.
Cancer registry program—Confidentiality.
Liability.
Rule making.
Bone marrow donor recruitment and education program—
Generally—Target minority populations.
Bone marrow donor recruitment and education program—
State employees to be recruited.
Bone marrow donor recruitment and education program—Private sector and community involvement.
Bone marrow donation—Status as minor not a disqualifying
factor.
Semiautomatic external defibrillator—Duty of acquirer—
Immunity from civil liability.
Electrology and tattooing—Findings.
Electrology and tattooing—Definitions.
Electrology and tattooing—Rules, sterilization requirements.
Electrology and tattooing—Practitioners to comply with
rules—Penalty.
Hepatitis C—Plan for education, prevention, and management—Rules.
Meningococcal disease—Students to receive informational
materials.
Control of cities and towns over water pollution: Chapter 35.88 RCW.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Nuisances, generally: Chapters 7.48 and 9.66 RCW.
Water pollution control: Chapter 90.48 RCW.
70.54.005
70.54.005 Transfer of duties to the department of
health. The powers and duties of the secretary of social and
health services under this chapter shall be performed by the
secretary of health. [1989 1st ex.s. c 9 § 250.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.54.010
70.54.010 Polluting water supply—Penalty. Every
person who shall deposit or suffer to be deposited in any
spring, well, stream, river or lake, the water of which is or
may be used for drinking purposes, or on any property
owned, leased or otherwise controlled by any municipal corporation, corporation or person as a watershed or drainage
basin for a public or private water system, any matter or thing
whatever, dangerous or deleterious to health, or any matter or
thing which may or could pollute the waters of such spring,
well, stream, river, lake or water system, shall be guilty of a
gross misdemeanor. [1909 c 249 § 290; RRS § 2542.]
70.54.020
70.54.020 Furnishing impure water—Penalty. Every
owner, agent, manager, operator or other person having
charge of any waterworks furnishing water for public or private use, who shall knowingly permit any act or omit any
duty or precaution by reason whereof the purity or healthfulness of the water supplied shall become impaired, shall be
guilty of a gross misdemeanor. [1909 c 249 § 291; RRS §
2543.]
70.54.030
70.54.030 Pollution of watershed of city in adjoining
state—Penalty. Any person who shall place or cause to be
placed within any watershed from which any city or municipal corporation of any adjoining state obtains its water supply, any substance which either by itself or in connection
[Title 70 RCW—page 100]
with other matter will corrupt, pollute or impair the quality of
said water supply, or the owner of any dead animal who shall
knowingly leave or cause to be left the carcass or any portion
thereof within any such watershed in such condition as to in
any way corrupt or pollute such water supply shall be deemed
guilty of a misdemeanor and upon conviction shall be punished by fine in any sum not exceeding five hundred dollars.
[1909 c 16 § 2; RRS § 9281.]
70.54.040
70.54.040 Secretary to advise local authorities on
sanitation. The commissioners of any county or the mayor
of any city may call upon the secretary of health for advice
relative to improving sanitary conditions or disposing of garbage and sewage or obtaining a pure water supply, and when
so called upon the secretary shall either personally or by an
assistant make a careful examination into the conditions
existing and shall make a full report containing his or her
advice to the county or city making such request. [1991 c 3 §
341; 1979 c 141 § 109; 1909 c 208 § 3; RRS § 6006.]
70.54.050
70.54.050 Exposing contagious disease—Penalty.
Every person who shall wilfully expose himself to another, or
any animal affected with any contagious or infectious disease, in any public place or thoroughfare, except upon his or
its necessary removal in a manner not dangerous to the public
health; and every person so affected who shall expose any
other person thereto without his knowledge, shall be guilty of
a misdemeanor. [1909 c 249 § 287; RRS § 2539.]
70.54.060
70.54.060 Ambulances and drivers. (1) The drivers of
all ambulances shall be required to take the advanced first aid
course as prescribed by the American Red Cross.
(2) All ambulances must be at all times equipped with
first aid equipment consisting of leg and arm splints and standard twenty-four unit first aid kit as prescribed by the American Red Cross. [1945 c 65 § 1; Rem. Supp. 1945 § 6131-1.
FORMER PART OF SECTION: 1945 c 65 § 2 now codified
as RCW 70.54.060, part.]
70.54.065
70.54.065 Ambulances and drivers—Penalty. Any
person violating any of the provisions herein shall be guilty
of a misdemeanor. [1945 c 65 § 2; Rem. Supp. 1945 § 61312. Formerly RCW 70.54.060, part.]
70.54.070
70.54.070 Door of public buildings to swing outward—Penalty. The doors of all theatres, opera houses,
school buildings, churches, public halls, or places used for
public entertainments, exhibitions or meetings, which are
used exclusively or in part for admission to or egress from the
same, or any part thereof, shall be so hung and arranged as to
open outwardly, and during any exhibition, entertainment or
meeting, shall be kept unlocked and unfastened, and in such
condition that in case of danger or necessity, immediate
escape from such building shall not be prevented or delayed;
and every agent or lessee of any such building who shall rent
the same or allow it to be used for any of the aforesaid public
purposes without having the doors thereof hung and arranged
as hereinbefore provided, shall, for each violation of any provision of this section, be guilty of a misdemeanor. [1909 c
249 § 273; RRS § 2525.]
(2004 Ed.)
Miscellaneous Health and Safety Provisions
70.54.080
70.54.080 Liability of person handling steamboat or
steam boiler. Every person who shall apply, or cause to be
applied to a steam boiler a higher pressure of steam than is
allowed by law, or by any inspector, officer or person authorized to limit the same; every captain or other person having
charge of the machinery or boiler in a steamboat used for the
conveyance of passengers on the waters of this state, who,
from ignorance or gross neglect, or for the purpose of
increasing the speed of such boat, shall create or cause to be
created an undue or unsafe pressure of steam; and every engineer or other person having charge of a steam boiler, steam
engine or other apparatus for generating or employing steam,
who shall wilfully or from ignorance or gross neglect, create
or allow to be created such an undue quantity of steam as to
burst the boiler, engine or apparatus, or cause any other accident, whereby human life is endangered, shall be guilty of a
gross misdemeanor. [1909 c 249 § 280; RRS § 2532.]
Boilers and unfired pressure vessels: Chapter 70.79 RCW.
Industrial safety and health: Chapter 43.22 RCW.
70.54.090
70.54.090 Attachment of objects to utility poles—
Penalty. (1) It shall be unlawful to attach to utility poles any
of the following: Advertising signs, posters, vending
machines, or any similar object which presents a hazard to, or
endangers the lives of, electrical workers. Any attachment to
utility poles shall only be made with the permission of the
utility involved, and shall be placed not less than twelve feet
above the surface of the ground.
(2) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 351; 1953 c 185 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.54.160
Severability—1971 c 56: "If any provision of this act, or its application
to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not
affected." [1971 c 56 § 2.]
70.54.130
70.54.130 Laetrile—Legislative declaration. It is the
intent of the legislature that passage of RCW 70.54.130
through 70.54.150 shall not constitute any endorsement
whatever of the efficacy of amygdalin (Laetrile) in the treatment of cancer, but represents only the legislature's endorsement of a patient's freedom of choice, so long as the patient
has been given sufficient information in writing to make an
informed decision regarding his/her treatment and the substance is not proven to be directly detrimental to health.
[1977 ex.s. c 122 § 1.]
70.54.140
70.54.140 Laetrile—Interference with physician/patient relationship by health facility—Board of
pharmacy, duties. No hospital or health facility may interfere with the physician/patient relationship by restricting or
forbidding the use of amygdalin (Laetrile) when prescribed
or administered by a physician licensed pursuant to chapter
18.57 or 18.71 RCW and requested by a patient under his/her
care who has requested the substance after having been given
sufficient information in writing to make an informed decision.
For the purposes of RCW 70.54.130 through 70.54.150,
the state board of pharmacy shall provide for the certification
as to the identity of amygdalin (Laetrile) by random sample
testing or other testing procedures, and shall promulgate rules
and regulations necessary to implement and enforce its
authority under this section. [1977 ex.s. c 122 § 2.]
70.54.150
70.54.120
70.54.120 Immunity from implied warranties and
civil liability relating to blood, blood products, tissues,
organs, or bones—Scope—Effective date. The procurement, processing, storage, distribution, administration, or use
of whole blood, plasma, blood products and blood derivatives
for the purpose of injecting or transfusing the same, or any of
them, or of tissues, organs, or bones for the purpose of transplanting them, or any of them, into the human body is
declared to be, for all purposes whatsoever, the rendition of a
service by each and every person, firm, or corporation participating therein, and is declared not to be covered by any
implied warranty under the Uniform Commercial Code, Title
62A RCW, or otherwise, and no civil liability shall be
incurred as a result of any of such acts, except in the case of
wilful or negligent conduct: PROVIDED, HOWEVER, That
this section shall apply only to liability alleged in the contraction of hepatitis, malaria, and acquired immune deficiency
disease and shall not apply to any transaction in which the
donor receives compensation: PROVIDED FURTHER, That
this section shall only apply where the person, firm or corporation rendering the above service shall have maintained
records of donor suitability and donor identification: PROVIDED FURTHER, That nothing in this section shall be considered by the courts in determining or applying the law to
any blood transfusion occurring before June 10, 1971 and the
court shall decide such case as though this section had not
been passed. [1987 c 84 § 1; 1985 c 321 § 1; 1971 c 56 § 1.]
(2004 Ed.)
70.54.150 Physicians not subject to disciplinary
action for prescribing or administering laetrile—Conditions. No physician may be subject to disciplinary action by
any entity of either the state of Washington or a professional
association for prescribing or administering amygdalin
(Laetrile) to a patient under his/her care who has requested
the substance after having been given sufficient information
in writing to make an informed decision.
It is not the intent of this section to shield a physician
from acts or omissions which otherwise would constitute
unprofessional conduct. [1986 c 259 § 150; 1977 ex.s. c 122
§ 3.]
Severability—1986 c 259: See note following RCW 18.130.010.
70.54.160
70.54.160 Public restrooms—Pay facilities—Penalty.
(1) Every establishment which maintains restrooms for use
by the public shall not discriminate in charges required
between facilities used by men and facilities used by women.
(2) When coin lock controls are used, the controls shall
be so allocated as to allow for a proportionate equality of free
toilet units available to women as compared with those units
available to men, and at least one-half of the units in any
restroom shall be free of charge. As used in this section, toilet units are defined as constituting commodes and urinals.
(3) In situations involving coin locks placed on restroom
entry doors, admission keys shall be readily provided without
charge when requested, and notice as to the availability of the
keys shall be posted on the restroom entry door.
[Title 70 RCW—page 101]
70.54.180
Title 70 RCW: Public Health and Safety
(4) Any owner, agent, manager, or other person charged
with the responsibility of the operation of an establishment
who operates such establishment in violation of this section is
guilty of a misdemeanor. [2003 c 53 § 352; 1977 ex.s. c 97 §
1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.54.180 Deaf persons access to emergency services—Telecommunication devices. (1) For the purpose of
this section "telecommunication device" means an instrument
for telecommunication in which speaking or hearing is not
required for communicators.
(2) The county legislative authority of each county with
a population of eighteen thousand or more and the governing
body of each city with a population in excess of ten thousand
shall provide by July 1, 1980, for a telecommunication device
in their jurisdiction or through a central dispatch office that
will assure access to police, fire, or other emergency services.
(3) The county legislative authority of each county with
a population of eighteen thousand or less shall by July 1,
1980, make a determination of whether sufficient need exists
with their respective counties to require installation of a telecommunication device. Reconsideration of such determination will be made at any future date when a deaf individual
indicates a need for such an instrument. [1991 c 363 § 142;
1979 ex.s. c 63 § 2.]
70.54.180
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Purpose—1979 ex.s. c 63: "The legislature finds that many citizens of
this state who are unable to utilize telephone services in a regular manner due
to hearing defects are able to communicate by teletypewriters where hearing
is not required for communication. Hence, it is the purpose of section 2 of
this act [RCW 70.54.180] to require that telecommunication devices for the
deaf be installed." [1979 ex.s. c 63 § 1.]
70.54.190 DMSO (dimethyl sulfoxide)—Use—Liability. No hospital or health facility may interfere with the physician/patient relationship by restricting or forbidding the use
of DMSO (dimethyl sulfoxide) when prescribed or administered by a physician licensed pursuant to chapter 18.57 or
18.71 RCW and requested by a patient under his/her care
who has requested the substance after having been given sufficient information in writing to make an informed decision.
No physician may be subject to disciplinary action by
any entity of either the state of Washington or a professional
association for prescribing or administering DMSO (dimethyl sulfoxide) to a patient under his/her care who has
requested the substance after having been given sufficient
information in writing to make an informed decision.
It is not the intent of this section to shield a physician
from acts or omissions which otherwise would constitute
unprofessional conduct. [1986 c 259 § 151; 1981 c 50 § 2.]
70.54.190
Severability—1986 c 259: See note following RCW 18.130.010.
DMSO authorized: RCW 69.04.565.
70.54.200 Fees for repository of vaccines, biologics.
The department shall prescribe by rule a schedule of fees
predicated on the cost of providing a repository of emergency
vaccines and other biologics. [1981 c 284 § 2.]
70.54.200
"department" referred to is apparently the department of social and health
services.
70.54.220 Practitioners to provide information on
prenatal testing. All persons licensed or certified by the
state of Washington to provide prenatal care or to practice
medicine shall provide information regarding the use and
availability of prenatal tests to all pregnant women in their
care within the time limits prescribed by department rules
and in accordance with standards established by those rules.
[1988 c 276 § 5.]
70.54.220
Effective date—1988 c 276 § 5: "Section 5 of this act shall take effect
December 31, 1989." [1988 c 276 § 10.]
70.54.230 Cancer registry program. The secretary of
health may contract with either a recognized regional cancer
research institution or regional tumor registry, or both, which
shall hereinafter be called the contractor, to establish a statewide cancer registry program and to obtain cancer reports
from all or a portion of the state as required in RCW
70.54.240 and to make available data for use in cancer
research and for purposes of improving the public health.
[1990 c 280 § 2.]
70.54.230
Intent—1990 c 280: "It is the intent of the legislature to establish a system to accurately monitor the incidence of cancer in the state of Washington
for the purposes of understanding, controlling, and reducing the occurrence
of cancer in this state. In order to accomplish this, the legislature has determined that cancer cases shall be reported to the department of health, and
that there shall be established a statewide population-based cancer registry."
[1990 c 280 § 1.]
70.54.240
70.54.240 Cancer registry program—Reporting
requirements. (1) The department of health shall adopt rules
as to which types of cancer shall be reported, who shall
report, and the form and timing of the reports.
(2) Every health care facility and independent clinical
laboratory, and those physicians or others providing health
care who diagnose or treat any patient with cancer who is not
hospitalized within one month of diagnosis, will provide the
contractor with the information required under subsection (1)
of this section. The required information may be collected on
a regional basis where such a system exists and forwarded to
the contractor in a form suitable for the purposes of RCW
70.54.230 through 70.54.270. Such reporting arrangements
shall be reduced to a written agreement between the contractor and any regional reporting agency which shall detail the
manner, form, and timeliness of the reporting. [1990 c 280 §
3.]
Intent—1990 c 280: See note following RCW 70.54.230.
70.54.250
70.54.250 Cancer registry program—Confidentiality. (1) Data obtained under RCW 70.54.240 shall be used
for statistical, scientific, medical research, and public health
purposes only.
(2) The department and its contractor shall ensure that
access to data contained in the registry is consistent with federal law for the protection of human subjects and consistent
with chapter 42.48 RCW. [1990 c 280 § 4.]
Intent—1990 c 280: See note following RCW 70.54.230.
70.54.260
Reviser's note: Although 1981 c 284 directs this section be added to
chapter 74.04 RCW, codification here is considered more appropriate. The
[Title 70 RCW—page 102]
70.54.260 Liability. Providing information required
under RCW 70.54.240 or 70.54.250 shall not create any lia(2004 Ed.)
Miscellaneous Health and Safety Provisions
bility on the part of the provider nor shall it constitute a
breach of confidentiality. The contractor shall, at the request
of the provider, but not more frequently than once a year, sign
an oath of confidentiality, which reads substantially as follows:
"As a condition of conducting research concerning persons who have received services from (name of the health
care provider or facility), I . . . . . . . . ., agree not to divulge,
publish, or otherwise make known to unauthorized persons or
the public any information obtained in the course of such
research that could lead to identification of such persons
receiving services, or to the identification of their health care
providers. I recognize that unauthorized release of confidential information may subject me to civil liability under the
provisions of state law."
70.54.310
70.54.290
70.54.290 Bone marrow donor recruitment and education program—State employees to be recruited. The
department of health shall make special efforts to educate and
recruit state employees to volunteer as potential bone marrow
donors. Such efforts shall include, but not be limited to, conducting a bone marrow donor drive to encourage state
employees to volunteer as potential bone marrow donors. The
drive shall include educational materials furnished by the
national bone marrow donor program and presentations that
explain the need for bone marrow donors, and the procedures
for becoming registered as potential bone marrow donors.
The cost of educational materials and presentations to state
employees shall be borne by the national marrow donor program. [1992 c 109 § 3.]
Findings—1992 c 109: See note following RCW 70.54.280.
70.54.300
[1990 c 280 § 5.]
Intent—1990 c 280: See note following RCW 70.54.230.
70.54.270
70.54.270 Rule making. The department shall adopt
rules to implement RCW 70.54.230 through 70.54.260,
including but not limited to a definition of cancer. [1990 c
280 § 6.]
Intent—1990 c 280: See note following RCW 70.54.230.
70.54.300 Bone marrow donor recruitment and education program—Private sector and community involvement. In addition to educating and recruiting state employees, the department of health shall make special efforts to
encourage community and private sector businesses and
associations to initiate independent efforts to achieve the
goals of chapter 109, Laws of 1992. [1992 c 109 § 4.]
Findings—1992 c 109: See note following RCW 70.54.280.
70.54.305
70.54.280
70.54.280 Bone marrow donor recruitment and education program—Generally—Target minority populations. The department of health shall establish a bone marrow donor recruitment and education program to educate residents of the state about:
(1) The need for bone marrow donors;
(2) The procedures required to become registered as a
potential bone marrow donor, including procedures for determining a person's tissue type; and
(3) The procedures a donor must undergo to donate bone
marrow or other sources of blood stem cells.
The department of health shall make special efforts to
educate and recruit citizens from minority populations to volunteer as potential bone marrow donors. Means of communication may include use of press, radio, and television, and
placement of educational materials in appropriate health care
facilities, blood banks, and state and local agencies. The
department of health in conjunction with the department of
licensing shall make educational materials available at all
places where driver licenses are issued or renewed. [1992 c
109 § 2.]
Findings—1992 c 109: "The legislature finds that an estimated sixteen
thousand American children and adults are stricken each year with leukemia,
aplastic anemia, or other fatal blood diseases. For many of these individuals,
bone marrow transplantation is the only chance for survival. Nearly seventy
percent cannot find a suitable bone marrow match within their own families.
The chance that a patient will find a matching, unrelated donor in the general
population is between one in a hundred and one in a million.
The legislature further finds that because tissue types are inherited, and
different tissue types are found in different ethnic groups, the chances of
finding an unrelated donor vary according to the patient's ethnic and racial
background. Patients from minority groups are therefore less likely to find
matching, unrelated donors.
It is the intent of the legislature to establish a statewide bone marrow
donor education and recruitment program in order to increase the number of
Washington residents who become bone marrow donors, and to increase the
chance that patients in need of bone marrow transplants will find a suitable
bone marrow match." [1992 c 109 § 1.]
(2004 Ed.)
70.54.305 Bone marrow donation—Status as minor
not a disqualifying factor. A person's status as a minor may
not disqualify him or her from bone marrow donation. [2000
c 116 § 1.]
70.54.310
70.54.310 Semiautomatic external defibrillator—
Duty of acquirer—Immunity from civil liability. (1) As
used in this section, "defibrillator" means a semiautomatic
external defibrillator as prescribed by a physician licensed
under chapter 18.71 RCW or an osteopath licensed under
chapter 18.57 RCW.
(2) A person or entity who acquires a defibrillator shall
ensure that:
(a) Expected defibrillator users receive reasonable
instruction in defibrillator use and cardiopulmonary resuscitation by a course approved by the department of health;
(b) The defibrillator is maintained and tested by the
acquirer according to the manufacturer's operational guidelines;
(c) Upon acquiring a defibrillator, medical direction is
enlisted by the acquirer from a licensed physician in the use
of the defibrillator and cardiopulmonary resuscitation;
(d) The person or entity who acquires a defibrillator shall
notify the local emergency medical services organization
about the existence and the location of the defibrillator; and
(e) The defibrillator user shall call 911 or its local equivalent as soon as possible after the emergency use of the
defibrillator and shall assure that appropriate follow-up data
is made available as requested by emergency medical service
or other health care providers.
(3) A person who uses a defibrillator at the scene of an
emergency and all other persons and entities providing services under this section are immune from civil liability for
any personal injury that results from any act or omission in
the use of the defibrillator in an emergency setting.
[Title 70 RCW—page 103]
70.54.320
Title 70 RCW: Public Health and Safety
(4) The immunity from civil liability does not apply if
the acts or omissions amount to gross negligence or willful or
wanton misconduct.
(5) The requirements of subsection (2) of this section
shall not apply to any individual using a defibrillator in an
emergency setting if that individual is acting as a good samaritan under RCW 4.24.300. [1998 c 150 § 1.]
70.54.320
70.54.320 Electrology and tattooing—Findings. The
legislature finds and declares that the practices of electrology
and tattooing involve an invasive procedure with the use of
needles and instruments which may be dangerous when
improperly sterilized presenting a risk of infecting the client
with bloodborne pathogens such as HIV and Hepatitis B. It is
in the interests of the public health, safety, and welfare to
establish requirements for the sterilization procedures in the
commercial practices of electrology and tattooing in this
state. [2001 c 194 § 1.]
70.54.330
70.54.330 Electrology and tattooing—Definitions.
The definitions in this section apply throughout RCW
70.54.320, 70.54.340, and 70.54.350 unless the context
clearly requires otherwise.
(1) "Electrologist" means a person who practices the
business of electrology for a fee.
(2) "Electrology" means the process by which hair is permanently removed through the utilization of solid needle/probe electrode epilation, including thermolysis, being of
shortwave, high frequency type, and including electrolysis,
being of galvanic type, or a combination of both which is
accomplished by a superimposed or sequential blend.
(3) "Tattoo artist" means a person who practices the
business of tattooing for a fee.
(4) "Tattooing" means the indelible mark, figure, or decorative design introduced by insertion of nontoxic dyes or
pigments into or under the subcutaneous portion of the skin
upon the body of a live human being for cosmetic or figurative purposes. [2001 c 194 § 2.]
70.54.340
70.54.340 Electrology and tattooing—Rules, sterilization requirements. The secretary of health shall adopt by
rule requirements for the sterilization of needles and instruments by electrologists and tattoo artists in accordance with
nationally recognized professional standards. The secretary
shall consider the universal precautions for infection control,
as recommended by the United States centers for disease control, and guidelines for infection control, as recommended by
the national environmental health association and the alliance
of professional tattooists, in the adoption of these sterilization
requirements. [2001 c 194 § 3.]
70.54.350
70.54.350 Electrology and tattooing—Practitioners
to comply with rules—Penalty. (1) Any person who practices electrology or tattooing shall comply with the rules
adopted by the department of health under RCW 70.54.340.
(2) A violation of this section is a misdemeanor. [2001 c
194 § 4.]
70.54.360
70.54.360 Hepatitis C—Plan for education, prevention, and management—Rules. (Expires June 30, 2007.)
[Title 70 RCW—page 104]
(1) The secretary of health shall design a state plan for education efforts concerning hepatitis C and the prevention and
management of the disease by January 1, 2004. In developing the plan, the secretary shall consult with:
(a) The public;
(b) Patient groups and organizations;
(c) Relevant state agencies that have functions that
involve hepatitis C or provide services to persons with hepatitis C;
(d) Local health departments;
(e) Public health and clinical laboratories;
(f) Providers and suppliers of services to persons with
hepatitis C;
(g) Research scientists;
(h) The University of Washington; and
(i) Relevant health care associations.
(2) The plan shall include implementation recommendations in the following areas:
(a) Hepatitis C virus prevention and treatment strategies
for groups at risk for hepatitis C with an emphasis towards
those groups that are disproportionately affected by hepatitis
C, including persons infected with HIV, veterans, racial or
ethnic minorities that suffer a higher incidence of hepatitis C,
and persons who engage in high-risk behavior, such as intravenous drug use;
(b) Educational programs to promote public awareness
about hepatitis C and knowledge about risk factors, the value
of early detection, screening, services, and available treatment options for hepatitis C, which may be incorporated in
public awareness programs concerning bloodborne infections;
(c) Education curricula for appropriate health and healthrelated providers covered by the uniform disciplinary act,
chapter 18.130 RCW;
(d) Training courses for persons providing hepatitis C
counseling, public health clinic staff, and any other appropriate provider, which shall focus on disease prevention, early
detection, and intervention;
(e) Capacity for voluntary hepatitis C testing programs to
be performed at facilities providing voluntary HIV testing
under chapter 70.24 RCW;
(f) A comprehensive model for an evidence-based process for the prevention and management of hepatitis C that is
applicable to other diseases; and
(g) Sources and availability of funding to implement the
plan.
(3) The secretary of health shall develop the state plan
described in subsections (1) and (2) of this section only to the
extent that, and for as long as, federal or private funds are
available for that purpose, including grants. Funding for
chapter 273, Laws of 2003 shall not come from state sources.
(4) The board of health may adopt rules necessary to
implement subsection (2)(b) of this section.
(5) The secretary of health shall submit the completed
state plan to the legislature by January 1, 2004. After the initial state plan is submitted, the department shall update the
state plan biennially and shall submit the plan to the governor
and make it available to other interested parties. The update
and progress reports are due December 1, 2004, and every
two years thereafter.
(2004 Ed.)
Vital Statistics
(6) The state plan recommendations described in subsection (2)(b) of this section shall be implemented by the secretary of health only to the extent that, and for as long as, federal or private funds are available for that purpose, including
grants.
(7) This section expires June 30, 2007. [2003 c 273 § 1.]
Private right of action—2003 c 273 § 1: "Section 1 of this act does not
create a private right of action." [2003 c 273 § 5.]
70.54.370 Meningococcal disease—Students to
receive informational materials. (1) Except for community
and technical colleges, each degree-granting public or private
postsecondary residential campus that provides on-campus or
group housing shall provide information on meningococcal
disease to each enrolled matriculated first-time student.
Community and technical colleges must provide the information only to those students who are offered on-campus or
group housing. The information about meningococcal disease shall include:
(a) Symptoms, risks, especially as the risks relate to circumstances of group living arrangements, and treatment; and
(b) Current recommendations from the United States
centers for disease control and prevention regarding the
receipt of vaccines for meningococcal disease and where the
vaccination can be received.
(2) This section shall not be construed to require the
department of health or the postsecondary educational institution to provide the vaccination to students.
(3) The department of health shall be consulted regarding the preparation of the information materials provided to
the first-time students.
(4) If institutions provide electronic enrollment or registration to first-time students, the information required by this
section shall be provided electronically and acknowledged by
the student before completion of electronic enrollment or registration.
(5) This section does not create a private right of action.
[2003 c 398 § 1.]
70.54.370
Reviser's note: Substitute House Bill No. 1059, Substitute House Bill
No. 1173, and Engrossed Substitute House Bill No. 1827 were enacted during the 2003 regular session of the legislature, but were vetoed in part by the
governor. A stipulated judgment, No. 03-2-01988-4 filed in the Superior
Court of Thurston County, between the governor and the legislature, settled
litigation over the governor's use of veto powers and declared the vetoes of
SHB 1059, SHB 1173, and ESHB 1827 null and void. Consequently, the
text of this section has been returned to the version passed by the legislature
prior to the vetoes. For vetoed text and message, see chapter 398, Laws of
2003.
Effective date—2003 c 398: "This act takes effect July 1, 2004." [2003
c 398 § 2.]
Chapter 70.58
Chapter 70.58 RCW
VITAL STATISTICS
70.58.080
70.58.082
70.58.085
70.58.095
70.58.100
70.58.104
70.58.107
70.58.110
70.58.120
70.58.130
70.58.145
70.58.150
70.58.160
70.58.170
70.58.180
70.58.190
70.58.210
70.58.230
70.58.240
70.58.250
70.58.260
70.58.270
70.58.280
70.58.380
70.58.390
70.58.020
Birth certificates—Filing—Establishing paternity—Surname
of child.
Birth certificates—Rules—Release of copies.
Birth certificates suitable for display—Issuance—Fee—Disposition of funds.
New certificate of birth—Legitimation, paternity—Substitution for original—Inspection of original, when—When
delayed registration required.
Supplemental report on name of child.
Reproductions of vital records—Disclosure of information for
research purposes—Furnishing of birth and death records by
local registrars.
Fees charged by department and local registrars.
Delayed registration of births—Authorized.
Delayed registration of births—Application—Evidence
required.
Delayed registration of births—Where registered—Copy as
evidence.
Order establishing record of birth when delayed registration
not available—Procedure.
"Fetal death," "evidence of life," defined.
Certificate of death or fetal death required.
Certificate of death or fetal death—By whom filed.
Certificate when no physician, physician's assistant, or
advanced registered nurse practitioner in attendance—
Legally accepted cause of death.
Permit to dispose of body when cause of death undetermined.
Birth certificate upon adoption.
Permits for burial, removal, etc., required—Removal to
another district without permit, notice to registrar, fee.
Duties of funeral directors.
Burial-transit permit—Requisites.
Burial grounds—Duties of sexton.
Data on inmates of hospitals, etc.
Penalty.
Certificates for out-of-state marriage license requirements.
Certificates of presumed death incident to accidents, disasters.
Vital statistics
duties of state registrar: RCW 43.70.160.
registration of: RCW 43.70.150.
70.58.005
70.58.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of health.
(2) "Vital records" means records of birth, death, fetal
death, marriage, dissolution, annulment, and legal separation,
as maintained under the supervision of the state registrar of
vital statistics. [1991 c 3 § 342; 1987 c 223 § 1.]
70.58.010
70.58.010 Registration districts. Each city of the first
class shall constitute a primary registration district and each
county and the territory of counties jointly comprising a
health district, exclusive of the portion included within cities
of the first class, shall constitute a primary registration area.
All other counties and municipal areas not included in the
foregoing shall be divided into registration areas by the state
registrar as he may deem essential to obtain the most efficient
registration of vital events as provided by law. [1979 ex.s. c
52 § 2; 1951 c 106 § 4; 1915 c 180 § 1; 1907 c 83 § 2; RRS §
6019.]
70.58.020 Local registrars—Deputies. Under the
direction and control of the state registrar, the health officer
of each city of the first class shall be the local registrar in and
for the primary registration district under his supervision as
health officer and the health officer of each county and district health department shall be the local registrar in and for
the registration area which he supervises as health officer and
shall serve as such as long as he performs the registration
duties as prescribed by law. He may be removed as local reg70.58.020
Sections
70.58.005
70.58.010
70.58.020
70.58.030
70.58.040
70.58.050
70.58.055
70.58.061
70.58.065
70.58.070
(2004 Ed.)
Definitions.
Registration districts.
Local registrars—Deputies.
Duties of local registrars.
Compensation of local registrars.
Duty to enforce law.
Certificates generally.
Electronic and hard copy transmission.
Local registrar use of electronic data bases.
Registration of births required.
[Title 70 RCW—page 105]
70.58.030
Title 70 RCW: Public Health and Safety
istrar of the registration area which he serves by the state
board of health upon its finding of evidence of neglect in the
performance of his duties as such registrar. The state registrar
shall appoint local registrars for those registration areas not
included in the foregoing and also in areas where the state
board of health has removed the health officer from this position as registrar.
Each local registrar, subject to the approval of the state
registrar, shall appoint in writing a sufficient number of deputy registrars to administer the laws relating to vital statistics,
and shall certify the appointment of such deputies to the state
registrar. Deputy registrars shall act in the case of absence,
death, illness or disability of the local registrar, or such other
conditions as may be deemed sufficient cause to require their
services. [1979 ex.s. c 52 § 3; 1961 ex.s. c 5 § 5; 1951 c 106
§ 5; 1915 c 180 § 2; 1907 c 83 § 3; RRS § 6020.]
Director of combined city-county health department as registrar: RCW
70.08.060.
70.58.030
70.58.030 Duties of local registrars. The local registrar shall supply blank forms of certificates to such persons as
require them. He or she shall carefully examine each certificate of birth, death, and fetal death when presented for
record, and see that it has been made out in accordance with
the provisions of law and the instructions of the state registrar. If any certificate of death is incomplete or unsatisfactory,
the local registrar shall call attention to the defects in the
return, and withhold issuing the burial-transit permit until it is
corrected. If the certificate of death is properly executed and
complete, he or she shall issue a burial-transit permit to the
funeral director or person acting as such. If a certificate of a
birth is incomplete, he or she shall immediately notify the
informant, and require that the missing items be supplied if
they can be obtained. He or she shall sign as local registrar to
each certificate filed in attest of the date of filing in the office.
He or she shall make a record of each birth, death, and fetal
death certificate registered in such manner as directed by the
state registrar. The local registrar shall transmit to the state
registrar each original death or fetal death certificate no less
than thirty days after the certificate was registered nor more
than sixty days after the certificate was registered. On or
before the fifteenth day and the last day of each month, each
local registrar shall transmit to the state registrar all original
birth certificates that were registered prior to that day and
which had not been transmitted previously. A local registrar
shall transmit an original certificate to the state registrar
whenever the state registrar requests the transfer of the certificate from the local registrar. If no births or no deaths
occurred in any month, he or she shall, on the tenth day of the
following month, report that fact to the state registrar, on a
card provided for this purpose. Local registrars in counties in
which a first class city or a city of twenty-seven thousand or
more population is located may retain an exact copy of the
original and make certified copies of the exact copy. [1990 c
99 § 1; 1961 ex.s. c 5 § 6; 1907 c 83 § 18; RRS § 6035.]
office. If no births or deaths were registered during any
month, the local registrar shall be paid the sum of one dollar
for each report to that effect: PROVIDED, That all local
health officers who are by statute required to serve as local
registrars shall not be entitled to the fee of one dollar. Neither
shall any members of their staffs be entitled to the above fee
of one dollar when such persons serve as deputy registrars.
All fees payable to local registrars shall be paid by the treasurer of the county or city, properly chargeable therewith, out
of the funds of the county or city, upon warrants drawn by the
auditor, or other proper officer of the county or city. No warrant shall be issued to a local registrar except upon a statement, signed by the state registrar, stating the names and
addresses respectively of the local registrars entitled to fees
from the county or city, and the number of certificates and
reports of births, deaths, and fetal deaths, properly returned to
the state registrar, by each local registrar, during three preceding calendar months prior to the date of the statement, and
the amount of fees to which each local registrar is entitled,
which statement the state registrar shall file with the proper
officers during the months of January, April, July, and October of each year. Upon filing of the statement the auditor or
other proper officer of the county or city shall issue warrants
for the amount due each local registrar. [1961 ex.s. c 5 § 7;
1951 c 106 § 8; 1915 c 180 § 10; 1907 c 83 § 19; RRS §
6036.]
70.58.050
70.58.050 Duty to enforce law. The local registrars are
hereby charged with the strict and thorough enforcement of
the provisions of *this act in their districts, under the supervision and direction of the state registrar. And they shall make
an immediate report to the state registrar of any violations of
this law coming to their notice by observation or upon the
complaint of any person, or otherwise. The state registrar is
hereby charged with the thorough and efficient execution of
the provisions of *this act in every part of the state, and with
supervisory power over local registrars, to the end that all of
the requirements shall be uniformly complied with. He shall
have authority to investigate cases of irregularity or violation
of law, personally or by accredited representative, and all
local registrars shall aid him, upon request, in such investigation. When he shall deem it necessary he shall report cases of
violation of any of the provisions of *this act to the prosecuting attorney of the proper county with a statement of the fact
and circumstances; and when any such case is reported to
them by the state registrar, all prosecuting attorneys or officials acting in such capacity shall forthwith initiate and
promptly follow up the necessary court proceedings against
the parties responsible for the alleged violations of law. And
upon request of the state registrar the attorney general shall
likewise assist in the enforcement of the provisions of *this
act. [1907 c 83 § 22; RRS § 6039.]
*Reviser's note: "this act" appears in 1907 c 83 codified as RCW
70.58.010 through 70.58.100, 70.58.230 through 70.58.280, and 43.20A.620
through 43.20A.630.
70.58.040
70.58.040 Compensation of local registrars. A local
registrar shall be paid the sum of one dollar for each birth,
death, or fetal death certificate registered for his district
which sum shall cover making out the burial-transit permit
and record of the certificate to be filed and preserved in his
[Title 70 RCW—page 106]
70.58.055
70.58.055 Certificates generally. (1) To promote and
maintain nation-wide uniformity in the system of vital statistics, the certificates required by this chapter or by the rules
adopted under this chapter shall include, as a minimum, the
(2004 Ed.)
Vital Statistics
items recommended by the federal agency responsible for
national vital statistics including social security numbers.
(2) The state board of health by rule may require additional pertinent information relative to the birth and manner
of delivery as it may deem necessary for statistical study.
This information shall be placed in a confidential section of
the birth certificate form and shall not be subject to the view
of the public or for certification purposes except upon order
of the court. The state board of health may eliminate from the
forms items that it determines are not necessary for statistical
study.
(3) Each certificate or other document required by this
chapter shall be on a form or in a format prescribed by the
state registrar.
(4) All vital records shall contain the data required for
registration. No certificate may be held to be complete and
correct that does not supply all items of information called for
or that does not satisfactorily account for the omission of
required items.
(5) Information required in certificates or documents
authorized by this chapter may be filed and registered by photographic, electronic, or other means as prescribed by the
state registrar. [1997 c 58 § 948; 1991 c 96 § 1.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
70.58.061
70.58.061 Electronic and hard copy transmission.
The department is authorized to prescribe by rule the schedule and system for electronic and hard copy transmission of
certificates and documents required by this chapter. [1991 c
96 § 2.]
70.58.065
70.58.065 Local registrar use of electronic data
bases. The department, in mutual agreement with a local
health officer as defined in RCW 70.05.010, may authorize a
local registrar to access the statewide birth data base or death
data base and to issue a certified copy of birth or death certificates from the respective statewide electronic data bases. In
such cases, the department may bill local registrars for only
direct line charges associated with accessing birth and death
data bases. [1991 c 96 § 3.]
70.58.070
70.58.070 Registration of births required. All births
that occur in the state shall be immediately registered in the
districts in which they occur, as hereinafter provided. [1907
c 83 § 11; RRS § 6028.]
70.58.080
70.58.080 Birth certificates—Filing—Establishing
paternity—Surname of child. (1) Within ten days after the
birth of any child, the attending physician, midwife, or his or
her agent shall:
(a) Fill out a certificate of birth, giving all of the particulars required, including: (i) The mother's name and date of
birth, and (ii) if the mother and father are married at the time
of birth or an acknowledgment of paternity has been signed
or one has been filed with the state registrar of vital statistics
naming the man as the father, the father's name and date of
birth; and
(2004 Ed.)
70.58.080
(b) File the certificate of birth together with the mother's
and father's social security numbers with the state registrar of
vital statistics.
(2) The local registrar shall forward the birth certificate,
any signed acknowledgment of paternity that has not been
filed with the state registrar of vital statistics, and the
mother's and father's social security numbers to the state
office of vital statistics pursuant to RCW 70.58.030.
(3) The state registrar of vital statistics shall make available to the division of child support the birth certificates, the
mother's and father's social security numbers and acknowledgments of paternity.
(4) Upon the birth of a child to an unmarried woman, the
attending physician, midwife, or his or her agent shall:
(a) Provide an opportunity for the child's mother and natural father to complete an acknowledgment of paternity. The
completed acknowledgment shall be filed with the state registrar of vital statistics. The acknowledgment shall be prepared as required by RCW 26.26.305.
(b) Provide written information and oral information,
furnished by the department of social and health services, to
the mother and the father regarding the benefits of having the
child's paternity established and of the availability of paternity establishment services, including a request for support
enforcement services. The oral and written information shall
also include information regarding the alternatives to, the
legal consequences of, and the rights, including, if one parent
is a minor any rights afforded due to minority status, and
responsibilities that arise from, signing the acknowledgment
of paternity.
(5) The physician or midwife or his or her agent is entitled to reimbursement for reasonable costs, which the department shall establish by rule, when an acknowledgment of
paternity is filed with the state registrar of vital statistics.
(6) If there is no attending physician or midwife, the
father or mother of the child, householder or owner of the
premises, manager or superintendent of the public or private
institution in which the birth occurred, shall notify the local
registrar, within ten days after the birth, of the fact of the
birth, and the local registrar shall secure the necessary information and signature to make a proper certificate of birth.
(7) When an infant is found for whom no certificate of
birth is known to be on file, a birth certificate shall be filed
within the time and in the form prescribed by the state board
of health.
(8) When no alleged father is named on a birth certificate
of a child born to an unwed mother the mother may give any
surname she so desires to her child but shall designate in
space provided for father's name on the birth certificate
"None Named". [2002 c 302 § 708; 1997 c 58 § 937; 1989 c
55 § 2; 1961 ex.s. c 5 § 8; 1951 c 106 § 6; 1907 c 83 § 12;
RRS § 6029.]
Application—Construction—Short title—Severability—2002 c
302: See RCW 26.26.903, 26.26.911, and 26.26.912.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Implementation—1994 c 299: "The department of social and health
services shall make a substantial effort to determine the identity of the noncustodial parent through consistent implementation of RCW 70.58.080. By
December 1, 1994, the department of social and health services shall report
[Title 70 RCW—page 107]
70.58.082
Title 70 RCW: Public Health and Safety
to the fiscal committees of the legislature on the method for validating claims
of good cause for refusing to establish paternity, the methods used in other
states, and the national average rate of claims of good cause for refusing to
establish paternity compared to the Washington state rate of claims of good
cause for refusing to establish paternity, the reasons for differences in the
rates, and steps that may be taken to reduce these differences." [1994 c 299
§ 13.]
70.58.082
70.58.082 Birth certificates—Rules—Release of copies. No person may prepare or issue any birth certificate that
purports to be an original, certified copy, or copy of a birth
certificate except as authorized in this chapter.
The department shall adopt rules providing for the
release of paper or electronic copies of birth certificate
records that include adequate standards for security and confidentiality, assure the proper record is identified, and prevent
fraudulent use of records. All certified copies of birth certificates in the state must be on paper and in a format provided
and approved by the department and must include security
features to deter the alteration, counterfeiting, duplication, or
simulation without ready detection.
Federal, state, and local governmental agencies may,
upon request and with submission of the appropriate fee, be
furnished copies of birth certificates if the birth certificate
will be used for the agencies' official duties. The department
may enter into agreements with offices of vital statistics outside the state for the transmission of copies of birth certificates to those offices when the birth certificates relate to residents of those jurisdictions and receipt of copies of birth certificates from those offices. The agreement must specify the
statistical and administrative purposes for which the birth
certificates may be used and must provide instructions for the
proper retention and disposition of the copies. Copies of birth
certificates that are received by the department from other
offices of vital statistics outside the state must be handled as
provided under the agreements.
The department may disclose information that may identify any person named in any birth certificate record for
research purposes as provided under chapter 42.48 RCW.
[1997 c 108 § 1.]
70.58.085
70.58.085 Birth certificates suitable for display—
Issuance—Fee—Disposition of funds. (1) In addition to the
original birth certificate, the state registrar shall issue upon
request and upon payment of the fee established pursuant to
subsection (3) of this section a birth certificate representing
that the birth of the person named thereon is recorded in the
office of the registrar. The certificate issued under this section shall be in a form consistent with the need to protect the
integrity of vital records but shall be suitable for display. It
may bear the seal of the state printed thereon and may be
signed by the governor. It shall have the same status as evidence as the original birth certificate.
(2) Of the funds received under subsection (1) of this
section, the amount needed to reimburse the registrar for
expenses incurred in administering this section shall be credited to the state registrar account. The remainder shall be
credited to the children's trust fund established under RCW
43.121.100.
(3) The fee shall be set by the council established pursuant to RCW 43.121.020, at a level likely to maximize reve[Title 70 RCW—page 108]
nues for the children's trust fund. [2004 c 53 § 1; 1987 c 351
§ 6.]
Legislative findings—1987 c 351: "The legislature finds that children
are society's most valuable resource and that child abuse and neglect is a
threat to the physical, mental, and emotional health of children. The legislature further finds that assisting community-based private nonprofit and public organizations, agencies, or school districts in identifying and establishing
needed primary prevention programs will reduce the incidence of child
abuse and neglect, and the necessity for costly subsequent intervention in
family life by the state. Child abuse and neglect prevention programs can be
most effectively and economically administered through the use of trained
volunteers and the cooperative efforts of the communities, citizens, and the
state. The legislature finds that the Washington council for prevention of
child abuse is an effective counsel for reducing child abuse but limited
resources have prevented the council from funding promising prevention
concepts statewide.
It is the intent of the legislature to establish a cost-neutral revenue system for the children's trust fund which is designed to fund primary prevention programs and innovative prevention related activities such as research
or public awareness campaigns. The fund shall be supported through revenue created by the sale of heirloom birth certificates. This concept has
proven to be a cost-effective approach to funding child abuse prevention in
the state of Oregon. The legislature believes that this is an innovative way of
using private dollars to supplement our public dollars to reduce child abuse
and neglect." [1987 c 351 § 1.]
70.58.095
70.58.095 New certificate of birth—Legitimation,
paternity—Substitution for original—Inspection of original, when—When delayed registration required. The
state registrar of vital statistics shall establish a new certificate of birth for a person born in this state when he receives a
request that a new certificate be established and such evidence as required by regulation of the state board of health
proving that such person has been acknowledged, or that a
court of competent jurisdiction has determined the paternity
of such person. When a new certificate of birth is established,
the actual place and date of birth shall be shown. It shall be
substituted for the original certificate of birth. Thereafter, the
original certificate and the evidence of paternity, or acknowledgment shall not be subject to inspection except upon order
of a court of competent jurisdiction, or upon written request
of the department of social and health services, the attorney
general, or a prosecuting attorney, stating that the documents
are being sought in furtherance of an action to enforce a duty
of support. If no certificate of birth is on file for the person for
whom a new certificate is to be established under this section,
a delayed registration of birth shall be filed with the state registrar of vital statistics as provided in RCW 70.58.120. [1983
1st ex.s. c 41 § 14; 1975-'76 2nd ex.s. c 42 § 38; 1961 ex.s. c
5 § 21.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
70.58.100
70.58.100 Supplemental report on name of child. It
shall be the duty of every local registrar when any certificate
of birth of a living child is presented without statement of the
given name, to make out and deliver to the parents of such
child a special blank for the supplemental report of the given
name of the child, which shall be filled out as directed and
returned to the registrar as soon as the child has been named.
[1915 c 180 § 8; 1907 c 83 § 14; RRS § 6031.]
70.58.104 Reproductions of vital records—Disclosure of information for research purposes—Furnishing of
birth and death records by local registrars. (1) The state
registrar may prepare typewritten, photographic, electronic,
70.58.104
(2004 Ed.)
Vital Statistics
or other reproductions of records of birth, death, fetal death,
marriage, or decrees of divorce, annulment, or legal separation registered under law or that portion of the record of any
birth which shows the child's full name, sex, date of birth, and
date of filing of the certificate. Such reproductions, when certified by the state registrar, shall be considered for all purposes the same as the original and shall be prima facie evidence of the facts stated therein.
(2) The department may authorize by regulation the disclosure of information contained in vital records for research
purposes. All research proposals must be submitted to the
department and must be reviewed and approved as to scientific merit and to ensure that confidentiality safeguards are
provided in accordance with department policy.
(3) Local registrars may, upon request, furnish certified
copies of the records of birth, death, and fetal death, subject
to all provisions of state law applicable to the state registrar.
[1991 c 96 § 4; 1987 c 223 § 2.]
70.58.107
70.58.107 Fees charged by department and local registrars. The department of health shall charge a fee of seventeen dollars for certified copies of records and for copies or
information provided for research, statistical, or administrative purposes, and eight dollars for a search of the files or
records when no copy is made. The department shall prescribe by regulation fees to be paid for preparing sealed files
and for opening sealed files.
No fee may be demanded or required for furnishing certified copies of a birth, death, fetal death, marriage, divorce,
annulment, or legal separation record for use in connection
with a claim for compensation or pension pending before the
veterans administration. No fee may be demanded or
required for furnishing certified copies of a death certificate
of a sex offender for use by a law enforcement agency in
maintaining a registered sex offender data base.
The department shall keep a true and correct account of
all fees received and transmit the fees to the state treasurer on
a weekly basis.
Local registrars shall charge the same fees as the state as
hereinabove provided and as prescribed by department regulation except in cases where payment is made by credit card,
charge card, debit card, smart card, stored value card, federal
wire, automatic clearinghouse system, or other electronic
communication. Payment by these electronic methods may
be subject to an additional fee consistent with the requirements established by RCW 36.29.190. All such fees collected, except for seven dollars of each fee collected for the
issuance of birth certificates and first copies of death certificates and fourteen dollars of each fee collected for additional
copies of the same death certificate ordered at the same time
as the first copy, shall be paid to the jurisdictional health
department.
All local registrars in cities and counties shall keep a true
and correct account of all fees received under this section for
the issuance of certified copies and shall transmit seven dollars of the fees collected for birth certificates and first copies
of death certificates and fourteen dollars of the fee collected
for additional copies of death certificates to the state treasurer
on or before the first day of January, April, July, and October.
All but five dollars of the fees turned over to the state treasurer by local registrars shall be paid to the department of
(2004 Ed.)
70.58.145
health for the purpose of developing and maintaining the
state vital records systems, including a web-based electronic
death registration system.
Five dollars of each fee imposed for the issuance of certified copies, except for copies suitable for display issued
under RCW 70.58.085, at both the state and local levels shall
be held by the state treasurer in the death investigations'
account established by RCW 43.79.445. [2003 c 272 § 1;
2003 c 241 § 1; 1997 c 223 § 1; 1991 c 3 § 343; 1988 c 40 §
1; 1987 c 223 § 3.]
Reviser's note: This section was amended by 2003 c 241 § 1 and by
2003 c 272 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
70.58.110
70.58.110 Delayed registration of births—Authorized. Whenever a birth which occurred in this state on or
after July 1, 1907, is not on record in the office of the state
registrar or in the office of the auditor of the county in which
the birth occurred if the birth was prior to July 1, 1907, application for the registration of the birth may be made by the
interested person to the state registrar: PROVIDED, That if
the person whose birth is to be recorded be a child under four
years of age the attending physician, if available, shall make
the registration. [1953 c 90 § 2; 1943 c 176 § 1; 1941 c 167
§ 1; Rem. Supp. 1943 § 6011-1.]
70.58.120
70.58.120 Delayed registration of births—Application—Evidence required. The delayed registration of birth
form shall be provided by the state registrar and shall be
signed by the registrant if of legal age, or by the attendant at
birth, parent, or guardian if the registrant is not of legal age.
In instances of delayed registration of birth where the person
whose birth is to be recorded is four years of age or over but
under twelve years of age and in instances where the person
whose birth is to be recorded is less than four years of age and
the attending physician is not available to make the registration, the facts concerning date of birth, place of birth, and parentage shall be established by at least one piece of documentary evidence. In instances of delayed registration of birth
where the person whose birth is to be recorded is twelve years
of age or over, the facts concerning date of birth and place of
birth shall be established by at least three documents of which
only one may be an affidavit. The facts concerning parentage
shall be established by at least one document. Documents,
other than affidavits, or documents established prior to the
fourth birthday of the registrant, shall be at least five years
old or shall have been made from records established at least
five years prior to the date of application. [1961 ex.s. c 5 § 9;
1953 c 90 § 3; 1943 c 176 § 2; 1941 c 167 § 2; Rem. Supp.
1943 § 6011-2.]
70.58.130
70.58.130 Delayed registration of births—Where
registered—Copy as evidence. The birth shall be registered
in the records of the state registrar. A certified copy of the
record shall be prima facie evidence of the facts stated
therein. [1961 ex.s. c 5 § 10; 1953 c 90 § 4; 1951 c 106 § 2;
1943 c 176 § 4; 1941 c 167 § 4; Rem. Supp. 1943 § 6011-4.]
70.58.145
70.58.145 Order establishing record of birth when
delayed registration not available—Procedure. When a
[Title 70 RCW—page 109]
70.58.150
Title 70 RCW: Public Health and Safety
person alleged to be born in this state is unable to meet the
requirements for a delayed registration of birth in accordance
with RCW 70.58.120, he may petition the superior court of
the county of residence or of the county of birth for an order
establishing a record of the date and place of his birth, and his
parentage. The court shall fix a time for hearing the petition,
and the state registrar shall be given notice at least twenty
days prior to the date set for hearing in order that he may
present at the hearing any information he believes will be
useful to the court. If the court from the evidence presented to
it finds that the petitioner was born in this state, the court
shall issue an order to establish a record of birth. This order
shall include the birth data to be registered. If the court orders
the birth of a person born in this state registered, it shall be
registered in the records of the state registrar. [1961 ex.s. c 5
§ 20.]
70.58.150
70.58.150 "Fetal death," "evidence of life," defined.
A fetal death means any product of conception that shows no
evidence of life after complete expulsion or extraction from
its mother. The words "evidence of life" include breathing,
beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. [1961 ex.s. c 5 § 11;
1945 c 159 § 5; Rem. Supp. 1945 § 6024-5.]
70.58.160
70.58.160 Certificate of death or fetal death
required. A certificate of every death or fetal death shall be
filed with the local registrar of the district in which the death
or fetal death occurred within three days after the occurrence
is known, or if the place of death or fetal death is not known,
then with the local registrar of the district in which the body
is found within twenty-four hours thereafter. In every
instance a certificate shall be filed prior to the interment or
other disposition of the body: PROVIDED, That a certificate
of fetal death shall not be required if the period of gestation is
less than twenty weeks. [1961 ex.s. c 5 § 12; 1945 c 159 § 1;
Rem. Supp. 1945 § 6024-1. Prior: 1915 c 180 § 4; 1907 c 83
§ 5.]
can furnish. [2000 c 133 § 1; 1979 ex.s. c 162 § 1; 1961 ex.s.
c 5 § 13; 1945 c 159 § 2; Rem. Supp. 1945 § 6024-2.]
70.58.180
70.58.180 Certificate when no physician, physician's
assistant, or advanced registered nurse practitioner in
attendance—Legally accepted cause of death. If the death
occurred without medical attendance, the funeral director or
person in charge of interment shall notify the coroner, or
prosecuting attorney if there is no coroner in the county. If the
circumstances suggest that the death or fetal death was
caused by unlawful or unnatural causes or if there is no local
health officer with jurisdiction, the coroner, or if none, the
prosecuting attorney shall complete and sign the certification,
noting upon the certificate that no physician, physician's
assistant, or advanced registered nurse practitioner was in
attendance at the time of death. In case of any death without
medical attendance in which there is no suspicion of death
from unlawful or unnatural causes, the local health officer or
his or her deputy, the coroner and if none, the prosecuting
attorney, shall complete and sign the certification, noting
upon the certificate that no physician, physician's assistant, or
advanced registered nurse practitioner was in attendance at
the time of death, and noting the cause of death without the
holding of an inquest or performing of an autopsy or post
mortem, but from statements of relatives, persons in attendance during the last sickness, persons present at the time of
death or other persons having adequate knowledge of the
facts.
The cause of death, the manner and mode in which death
occurred, as noted by the coroner or if none, the prosecuting
attorney or the health officer and incorporated in the death
certificate filed with the bureau of vital statistics of the board
of health shall be the legally accepted manner and mode by
which the deceased came to his or her death and shall be the
legally accepted cause of death. [2000 c 133 § 2; 1961 ex.s.
c 5 § 14; 1953 c 188 § 5; 1945 c 159 § 3; Rem. Supp. 1945 §
6024-3. Prior: 1915 c 180 § 5; 1907 c 83 § 7.]
70.58.190
70.58.170
70.58.170 Certificate of death or fetal death—By
whom filed. The funeral director or person in charge of
interment shall file the certificate of death or fetal death. In
preparing such certificate, the funeral director or person in
charge of interment shall obtain and enter on the certificate
such personal data as the certificate requires from the person
or persons best qualified to supply them. He or she shall
present the certificate of death to the physician, physician's
assistant, or advanced registered nurse practitioner last in
attendance upon the deceased, or, if the deceased died without medical attendance, to the health officer, coroner, or prosecuting attorney having jurisdiction, who shall thereupon certify the cause of death according to his or her best knowledge
and belief and shall sign the certificate of death or fetal death
within two days after being presented with the certificate
unless good cause for not signing the certificate within the
two days can be established. He or she shall present the certificate of fetal death to the physician, physician's assistant,
advanced registered nurse practitioner, midwife, or other person in attendance at the fetal death, who shall certify the fetal
death and such medical data pertaining thereto as he or she
[Title 70 RCW—page 110]
70.58.190 Permit to dispose of body when cause of
death undetermined. If the cause of death cannot be determined within three days, the certification of its cause may be
filed after the prescribed period, but the attending physician,
coroner, or prosecuting attorney shall give the local registrar
of the district in which the death occurred written notice of
the reason for the delay, in order that a permit for the disposition of the body may be issued if required. [1945 c 159 § 4;
Rem. Supp. 1945 § 6024-4.]
70.58.210
70.58.210 Birth certificate upon adoption. (1) Whenever a decree of adoption has been entered declaring a child,
born in the state of Washington, adopted in any court of competent jurisdiction in the state of Washington or any other
state or any territory of the United States, a certified copy of
the decree of adoption shall be recorded with the proper
department of registration of births in the state of Washington
and a certificate of birth shall issue upon request, bearing the
new name of the child as shown in the decree of adoption, the
names of the adoptive parents of the child and the age, sex,
and date of birth of the child, but no reference in any birth
certificate shall have reference to the adoption of the child.
(2004 Ed.)
Vital Statistics
However, original registration of births shall remain a part of
the record of the board of health.
(2) Whenever a decree of adoption has been entered
declaring a child, born outside of the United States and its territories, adopted in any court of competent jurisdiction in the
state of Washington, a certified copy of the decree of adoption together with evidence as to the child's birth date and
birth place provided by the original birth certificate, or by a
certified copy, extract, or translation thereof or by a certified
copy of some other document essentially equivalent thereto,
shall be recorded with the proper department of registration
of births in the state of Washington. The records of the United
States immigration and naturalization service or of the United
States department of state are essentially equivalent to the
birth certificate. A certificate of birth shall issue upon
request, bearing the new name of the child as shown in the
decree of adoption, the names of the adoptive parents of the
child and the age, sex, and date of birth of the child, but no
reference in any birth certificate shall have reference to the
adoption of the child. Unless the court orders otherwise, the
certificate of birth shall have the same overall appearance as
the certificate which would have been issued if the adopted
child had been born in the state of Washington.
A person born outside of the United States and its territories for whom a decree of adoption has been entered in a
court of this state before September 1, 1979, may apply for a
certificate of birth under this subsection by furnishing the
proper department of registration of births with a certified
copy of the decree of adoption together with the other evidence required by this subsection as to the date and place of
birth. Upon receipt of the decree and evidence, a certificate of
birth shall be issued in accordance with this subsection.
[1979 ex.s. c 101 § 2; 1975-'76 2nd ex.s. c 42 § 40; 1943 c 12
§ 1; 1939 c 133 § 1; Rem. Supp. 1943 § 6013-1.]
Severability—1979 ex.s. c 101: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 101 § 3.]
Adoption: Chapter 26.33 RCW.
Decree of adoption—Duties of state registrar of vital statistics: RCW
26.33.290.
Uniform parentage act: Chapter 26.26 RCW.
70.58.260
the state registrar. The notice of removal shall be signed by
the funeral director or embalmer and shall contain the name
and address of the local registrar with whom the certificate of
death will be filed and the burial-transit permit secured.
Every local registrar, accepting a death certificate and issuing
a burial-transit permit for a death that occurred outside his
district, shall be entitled to a fee of one dollar to be paid by
the funeral director or embalmer at the time the death certificate is accepted and the permit is secured. It shall be unlawful
for any person to bring into or transport within the state or
inter, deposit in a vault, grave, or tomb, or cremate or otherwise dispose of the body or remains of any person whose
death occurred outside this state unless such body or remains
be accompanied by a removal or transit permit issued in
accordance with the law and health regulations in force where
the death occurred, or unless a special permit for bringing
such body into this state shall be obtained from the state registrar. [1961 ex.s. c 5 § 16; 1915 c 180 § 3; 1907 c 83 § 4;
RRS § 6021.]
Cemeteries and human remains: Title 68 RCW.
70.58.240
70.58.240 Duties of funeral directors. Each funeral
director or person acting as such shall obtain a certificate of
death and file the same with the local registrar, and secure a
burial-transit permit, prior to any permanent disposition of
the body. He shall obtain the personal and statistical particulars required, from the person best qualified to supply them.
He shall present the certificate to the attending physician or in
case the death occurred without any medical attendance, to
the proper official for certification for the medical certificate
of the cause of death and other particulars necessary to complete the record. He shall supply the information required relative to the date and place of disposition and he shall present
the completed certificate to the local registrar, for the issuance of a burial-transit permit. He shall deliver the burial permit to the sexton, or person in charge of the place of burial,
before interring the body; or shall attach the transit permit to
the box containing the corpse, when shipped by any transportation company, and the permit shall accompany the corpse to
its destination. [1961 ex.s. c 5 § 17; 1915 c 180 § 6; 1907 c
83 § 8; RRS § 6025.]
70.58.250
70.58.230
70.58.230 Permits for burial, removal, etc.,
required—Removal to another district without permit,
notice to registrar, fee. It shall be unlawful for any person
to inter, deposit in a vault, grave, or tomb, cremate or otherwise dispose of, or disinter or remove from one registration
district to another, or hold for more than seventy-two hours
after death, the body or remains of any person whose death
occurred in this state or any body which shall be found in this
state, without obtaining, from the local registrar of the district
in which the death occurred or in which the body was found,
a permit for the burial, disinterment, or removal of such body:
PROVIDED, That a licensed funeral director or embalmer of
this state may remove a body from the district where the
death occurred to another registration district without having
obtained a permit but in such cases the funeral director or
embalmer shall at the time of removing a body file with or
mail to the local registrar of the district where the death
occurred a notice of removal upon a blank to be furnished by
(2004 Ed.)
70.58.250 Burial-transit permit—Requisites. The
burial-transit permit shall contain a statement by the local
registrar and over his signature, that a satisfactory certificate
of death having been filed with him, as required by law, permission is granted to inter, remove, or otherwise dispose of
the body; stating the name of the deceased and other necessary details upon the form prescribed by the state registrar.
[1961 ex.s. c 5 § 18; 1907 c 83 § 9; RRS § 6026.]
70.58.260
70.58.260 Burial grounds—Duties of sexton. It shall
be unlawful for any person in charge of any premises in
which bodies of deceased persons are interred, cremated or
otherwise permanently disposed of, to permit the interment,
cremation or other disposition of any body upon such premises unless it is accompanied by a burial, removal or transit
permit as hereinabove provided. It shall be the duty of the
person in charge of any such premises to, in case of the interment, cremation or other disposition of a body therein,
[Title 70 RCW—page 111]
70.58.270
Title 70 RCW: Public Health and Safety
endorse upon the permit the date and character of such disposition, over his signature, to return all permits so endorsed to
the local registrar of his district within ten days from the date
of such disposition, and to keep a record of all bodies disposed of on the premises under his charge, stating, in each
case, the name of the deceased person, if known, the place of
death, the date of burial or other disposition, and the name
and address of the undertaker, which record shall at all times
be open to public inspection, and it shall be the duty of every
undertaker, or person acting as such, when burying a body in
a cemetery or burial grounds having no person in charge, to
sign the burial, removal or transit permit, giving the date of
burial, write across the face of the permit the words "no person in charge", and file the burial, removal or transit permit
within ten days with the registrar of the district in which the
cemetery is located. [1915 c 180 § 7; 1907 c 83 § 10; RRS §
6027.]
70.58.270
70.58.270 Data on inmates of hospitals, etc. All
superintendents or managers, or other persons in charge of
hospitals, almshouses, lying-in or other institutions, public or
private, to which persons resort for treatment of disease, confinement, or are committed by process of law, are hereby
required to make a record of all the personal and statistical
particulars relative to the inmates in their institutions, at the
date of approval of *this act, that are required in the form of
the certificate provided for by this act, as directed by the state
registrar; and thereafter such record shall be by them made
for all future inmates at the time of their admission. And in
case of persons admitted or committed for medical treatment
of contagious disease, the physician in charge shall specify,
for entry in the record, the nature of the disease, and where, in
his opinion, it was contracted. The personal particulars and
information required by this section shall be obtained from
the individual himself, if it is practicable to do so; and when
they cannot be so obtained, they shall be secured in as complete a manner as possible from the relatives, friends, or other
persons acquainted with the facts. [1907 c 83 § 16; RRS §
6033.]
*Reviser's note: For "this act," see note following RCW 70.58.050.
70.58.280
70.58.280 Penalty. (1) Every person who violates or
willfully fails, neglects, or refuses to comply with any provisions of *this act is guilty of a misdemeanor and for a second
offense shall be punished by a fine of not less than twentyfive dollars, and for a third and each subsequent offense shall
be punished by a fine of not less than fifty dollars or more
than two hundred and fifty dollars or by imprisonment for not
more than ninety days, or by both fine and imprisonment.
(2) Every person who willfully furnishes any false information for any certificate required by *this act or who makes
any false statement in any such certificate is guilty of a gross
misdemeanor. [2003 c 53 § 353; 1915 c 180 § 12; 1907 c 83
§ 21; RRS § 6038.]
*Reviser's note: For "this act," see note following RCW 70.58.050.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.58.380
70.58.380 Certificates for out-of-state marriage
license requirements. The department shall prescribe by
[Title 70 RCW—page 112]
rule a schedule of fees for providing certificates necessary to
meet marriage license requirements of other states. The fees
shall be predicated on the costs of conducting premarital
blood screening tests and issuing certificates. [1981 c 284 §
1.]
Reviser's note: Although 1981 c 284 directs this section be added to
chapter 74.04 RCW, codification here is considered more appropriate. The
department of social and health services is apparently the department
referred to.
70.58.390
70.58.390 Certificates of presumed death incident to
accidents, disasters. A county coroner, medical examiner,
or the prosecuting attorney having jurisdiction may issue a
certificate of presumed death when the official issuing the
certificate determines to the best of the official's knowledge
and belief that there is sufficient circumstantial evidence to
indicate that a person has in fact died in the county or in
waters contiguous to the county as a result of an accident or
natural disaster, such as a drowning, flood, earthquake, volcanic eruption, or similar occurrence, and that it is unlikely
that the body will be recovered. The certificate shall recite, to
the extent possible, the date, circumstances, and place of the
death, and shall be the legally accepted fact of death.
In the event that the county in which the death occurred
cannot be determined with certainty, the county coroner,
medical examiner, or prosecuting attorney in the county in
which the events occurred and in which the decedent was last
known to be alive may issue a certificate of presumed death
under this section.
The official issuing the certificate of presumed death
shall file the certificate with the state registrar of vital statistics, and thereafter all persons and parties acting in good faith
may rely thereon with acquittance. [1981 c 176 § 1.]
Chapter 70.62
Chapter 70.62 RCW
TRANSIENT ACCOMMODATIONS—
LICENSING—INSPECTIONS
Sections
70.62.200
70.62.210
70.62.220
70.62.240
70.62.250
70.62.260
70.62.270
70.62.280
70.62.290
70.62.900
Purpose.
Definitions.
License required—Fee—Display.
Rules.
Powers and duties of department.
Licenses—Applications—Expiration—Renewal.
Suspension or revocation of licenses—Civil fine.
Violations—Penalty.
Adoption of fire and safety rules.
Severability—1971 ex.s. c 239.
Reviser's note: Throughout this chapter, the terms "this 1971 amendatory act" or "this act" have been changed to "this chapter." "This 1971 amendatory act" and "this act" consist of this chapter, the amendment of RCW
43.22.050 and the repeal of RCW 70.62.010 through 70.62.130 and
43.22.060 through 43.22.110 by 1971 ex.s. c 239.
Hotels: Chapter 19.48 RCW.
Lien of hotels, lodging and boarding houses: Chapter 60.64 RCW.
70.62.200
70.62.200 Purpose. The purpose of this chapter is to
provide for the development, establishment, and enforcement
of standards for the maintenance and operation of transient
accommodations through a licensing program to promote the
protection of the health and safety of individuals using such
accommodations in this state. [1994 c 250 § 1; 1971 ex.s. c
239 § 1.]
(2004 Ed.)
Transient Accommodations—Licensing—Inspections
70.62.210 Definitions. The following terms whenever
used or referred to in this chapter shall have the following
respective meanings for the purposes of this chapter, except
in those instances where the context clearly indicates otherwise:
(1) The term "transient accommodation" shall mean any
facility such as a hotel, motel, condominium, resort, or any
other facility or place offering three or more lodging units to
travelers and transient guests.
(2) The term "person" shall mean any individual, firm,
partnership, corporation, company, association or joint stock
association, and the legal successor thereof.
(3) The term "secretary" shall mean the secretary of the
Washington state department of health and any duly authorized representative thereof.
(4) The term "board" shall mean the Washington state
board of health.
(5) The term "department" shall mean the Washington
state department of health.
(6) The term "lodging unit" shall mean one self-contained unit designated by number, letter or some other
method of identification. [1991 c 3 § 347; 1971 ex.s. c 239 §
2.]
70.62.210
70.62.220 License required—Fee—Display. The person operating a transient accommodation as defined in this
chapter shall secure each year an annual operating license and
shall pay a fee to cover the cost of licensure and enforcement
activities as established by the department under RCW
43.70.110 and 43.70.250. The initial licensure period shall
run for one year from the date of issuance, and the license
shall be renewed annually on that date. The license fee shall
be paid to the department. The license shall be conspicuously
displayed in the lobby or office of the facility for which it is
issued. [1994 c 250 § 2; 1987 c 75 § 9; 1982 c 201 § 10; 1971
ex.s. c 239 § 3.]
70.62.220
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
70.62.240
70.62.240 Rules. The board shall adopt such rules as
may be necessary to assure that each transient accommodation will be operated and maintained in a manner consistent
with the health and safety of the members of the public using
such facilities. Such rules shall provide for adequate light,
heat, ventilation, cleanliness, and sanitation and shall include
provisions to assure adequate maintenance. All rules and
amendments thereto shall be adopted in conformance with
the provisions of chapter 34.05 RCW. [1994 c 250 § 3; 1971
ex.s. c 239 § 5.]
70.62.250 Powers and duties of department. The
department is hereby granted and shall have and exercise, in
addition to the powers herein granted, all the powers necessary and appropriate to carry out and execute the purposes of
this chapter, including but not limited to the power:
(1) To develop such rules and regulations for proposed
adoption by the board as may be necessary to implement the
purposes of this chapter;
(2) To enter and inspect at any reasonable time any transient accommodation and to make such investigations as are
reasonably necessary to carry out the provisions of this chap70.62.250
(2004 Ed.)
70.62.280
ter and any rules and regulations promulgated thereunder:
PROVIDED, That no room or suite shall be entered for
inspection unless said room or suite is not occupied by any
patron or guest of the transient accommodation at the time of
entry;
(3) To perform such other duties and employ such personnel as may be necessary to carry out the provisions of this
chapter; and
(4) To administer and enforce the provisions of this
chapter and the rules and regulations promulgated thereunder
by the board. [1971 ex.s. c 239 § 6; (1994 c 250 § 4 expired
June 30, 1997).]
70.62.260
70.62.260 Licenses—Applications—Expiration—
Renewal. (1) No person shall operate a transient accommodation as defined in this chapter without having a valid
license issued by the department. Applications for a transient
accommodation license shall be filed with the department
sixty days or more before initiating business as a transient
accommodation. All licenses issued under the provisions of
this chapter shall expire one year from the effective date.
(2) All applications for renewal of licenses shall be
either: (a) Postmarked no later than midnight on the date the
license expires; or (b) if personally presented to the department or sent by electronic means, received by the department
by 5:00 p.m. on the date the license expires.
(3) A licensee that submits a license renewal application
in accordance with this section and the rules and fee schedule
adopted under this chapter shall be deemed to possess a valid
license for the year following the expiration date of the expiring license, or until the department suspends or revokes the
license pursuant to RCW 70.62.270.
(4) The license of a licensee that fails to submit a license
renewal application in accordance with this section, and the
rules and fee schedule adopted under this chapter, shall
become invalid on the thirty-fifth day after the expiration
date, unless the licensee shall have corrected any and all deficiencies in the renewal application and paid a penalty fee as
established by rule by the department before the thirty-fifth
day following the expiration date. An invalid license may be
reinstated upon reapplication as an applicant for a new
license under subsection (1) of this section.
(5) Each license shall be issued only for the premises and
persons named in the application. [2004 c 162 § 1; 1994 c
250 § 6; 1971 ex.s. c 239 § 7.]
70.62.270
70.62.270 Suspension or revocation of licenses—Civil
fine. (1) Licenses issued under this chapter may be suspended or revoked upon the failure or refusal of the person
operating a transient accommodation to comply with the provisions of this chapter, or of any rules adopted under this
chapter by the board. All such proceedings shall be governed
by the provisions of chapter 34.05 RCW.
(2) In lieu of or in addition to license suspension or revocation, the department may assess a civil fine in accordance
with RCW 43.70.095. [1994 c 250 § 7; 1971 ex.s. c 239 § 8.]
70.62.280
70.62.280 Violations—Penalty. Any violation of this
chapter or the rules and regulations promulgated hereunder
by any person operating a transient accommodation shall be a
[Title 70 RCW—page 113]
70.62.290
Title 70 RCW: Public Health and Safety
misdemeanor and shall be punished as such. Each day of
operation of a transient accommodation in violation of this
chapter shall constitute a separate offense. [1971 ex.s. c 239
§ 10.]
70.62.290 Adoption of fire and safety rules. Rules
establishing fire and life safety requirements, not inconsistent
with the provisions of this chapter, shall continue to be
adopted by the director of community, trade, and economic
development, through the director of fire protection. [1994 c
250 § 8; 1986 c 266 § 95; 1971 ex.s. c 239 § 11.]
70.62.290
70.74.330
70.74.340
70.74.350
70.74.360
70.74.370
70.74.380
70.74.390
70.74.400
70.74.410
Small arms ammunition, primers and propellants—Separation
from flammable materials.
Small arms ammunition, primers and propellants—Transportation, storage and display requirements.
Small arms ammunition, primers and propellants—Primers,
transportation and storage requirements.
Licenses—Fingerprint and criminal record checks—Fee—
Licenses prohibited for certain persons—License fees.
License revocation, nonrenewal, or suspension.
Licenses—Expiration—Extension of storage licenses.
Implementation of chapter and rules pursuant to chapter 49.17
RCW.
Seizure and forfeiture.
Reporting theft or loss of explosives.
Severability—1986 c 266: See note following RCW 38.52.005.
70.74.010
70.62.900 Severability—1971 ex.s. c 239. If any section or any portion of any section of this 1971 amendatory act
is found to be unconstitutional, the finding shall be to the
individual section or portion of section specifically found to
be unconstitutional and the balance of the act shall remain in
full force and effect. [1971 ex.s. c 239 § 12.]
70.62.900
Chapter 70.74 RCW
WASHINGTON STATE EXPLOSIVES ACT
Chapter 70.74
Sections
70.74.010
70.74.020
70.74.022
70.74.025
70.74.030
70.74.040
70.74.050
70.74.061
70.74.100
70.74.110
70.74.120
70.74.130
70.74.135
70.74.137
70.74.140
70.74.142
70.74.144
70.74.146
70.74.150
70.74.160
70.74.170
70.74.180
70.74.191
70.74.201
70.74.210
70.74.230
70.74.240
70.74.250
70.74.270
70.74.272
70.74.275
70.74.280
70.74.285
70.74.295
70.74.297
70.74.300
70.74.310
70.74.320
Definitions.
Restrictions on manufacture, sale, or storage—Users—
Reports on storage—Waiver.
License required to manufacture, purchase, sell, use, possess,
transport, or store explosives—Penalty—Surrender of
explosives by unlicensed person—Other relief.
Magazines—Classification, location and construction—Standards—Use.
Quantity and distance tables for storage—Adoption by rule.
Limit on storage quantity.
Quantity and distance table for explosives manufacturing
buildings.
Quantity and distance tables for separation between magazines—Adoption by rule.
Storage of caps with explosives prohibited.
Manufacturer's report—Inspection—License.
Storage report—Inspection—License—Cancellation.
Dealer in explosives—Application—License.
Purchaser of explosives—Application—License.
Purchaser's license fee.
Storage license fee.
User's license or renewal—Fee.
Manufacturer's license fee—Manufacturers to comply with
dealer requirements when selling.
Seller's license fee—Sellers to comply with dealer requirements.
Annual inspection.
Unlawful access to explosives.
Discharge of firearms or igniting flame near explosives.
Explosive devices prohibited—Penalty.
Exemptions.
Municipal or county ordinances unaffected—State preemption.
Coal mining code unaffected.
Shipments out of state—Dealer's records.
Sale to unlicensed person prohibited.
Blasting near fur farms and hatcheries.
Malicious placement of an explosive—Penalties.
Malicious placement of an imitation device—Penalties.
Intimidation or harassment with an explosive—Class C felony.
Malicious explosion of a substance—Penalties.
"Terrorist act" defined.
Abandonment of explosives.
Separate storage of components capable of detonation when
mixed.
Explosive containers to be marked—Penalty.
Gas bombs, explosives, stink bombs, etc.
Small arms ammunition, primers and propellants—Transportation regulations.
[Title 70 RCW—page 114]
70.74.010 Definitions. As used in this chapter, unless a
different meaning is plainly required by the context:
(1) The terms "authorized", "approved" or "approval"
shall be held to mean authorized, approved, or approval by
the department of labor and industries.
(2) The term "blasting agent" shall be held to mean and
include any material or mixture consisting of a fuel and oxidizer, that is intended for blasting and not otherwise defined
as an explosive; if the finished product, as mixed for use or
shipment, cannot be detonated by means of a number 8 test
blasting cap when unconfined. A number 8 test blasting cap
is one containing two grams of a mixture of eighty percent
mercury fulminate and twenty percent potassium chlorate, or
a blasting cap of equivalent strength. An equivalent strength
cap comprises 0.40-0.45 grams of PETN base charge pressed
in an aluminum shell with bottom thickness not to exceed
0.03 of an inch, to a specific gravity of not less than 1.4 g/cc.,
and primed with standard weights of primer depending on the
manufacturer.
(3) The term "explosive" or "explosives" whenever used
in this chapter, shall be held to mean and include any chemical compound or mechanical mixture that is commonly used
or intended for the purpose of producing an explosion, that
contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing, that an
ignition by fire, by friction, by concussion, by percussion, or
by detonation of any part of the compound or mixture may
cause such a sudden generation of highly heated gases that
the resultant gaseous pressures are capable of producing
destructive effects on contiguous objects or of destroying life
or limb. In addition, the term "explosives" shall include all
material which is classified as division 1.1, 1.2, 1.3, 1.4, 1.5,
or 1.6 explosives by the United States department of transportation. For the purposes of this chapter small arms ammunition, small arms ammunition primers, smokeless powder
not exceeding fifty pounds, and black powder not exceeding
five pounds shall not be defined as explosives, unless possessed or used for a purpose inconsistent with small arms use
or other lawful purpose.
(4) Classification of explosives shall include but not be
limited to the following:
(a) DIVISION 1.1 and 1.2 EXPLOSIVES: Possess mass
explosion or detonating hazard and include dynamite, nitroglycerin, picric acid, lead azide, fulminate of mercury, black
powder exceeding five pounds, blasting caps in quantities of
1001 or more, and detonating primers.
(b) DIVISION 1.3 EXPLOSIVES: Possess a minor blast
hazard, a minor projection hazard, or a flammable hazard and
(2004 Ed.)
Washington State Explosives Act
include propellant explosives, including smokeless powder
exceeding fifty pounds.
(c) DIVISION 1.4, 1.5, and 1.6 EXPLOSIVES: Include
certain types of manufactured articles which contain division
1.1, 1.2, or 1.3 explosives, or all, as components, but in
restricted quantities, and also include blasting caps in quantities of 1000 or less.
(5) The term "explosive-actuated power devices" shall
be held to mean any tool or special mechanized device which
is actuated by explosives, but not to include propellant-actuated power devices.
(6) The term "magazine", shall be held to mean and
include any building or other structure, other than an explosives manufacturing building, used for the storage of explosives.
(7) The term "improvised device" means a device which
is fabricated with explosives or destructive, lethal, noxious,
pyrotechnic, or incendiary chemicals and which is designed,
or has the capacity, to disfigure, destroy, distract, or harass.
(8) The term "inhabited building", shall be held to mean
and include only a building regularly occupied in whole or in
part as a habitation for human beings, or any church, schoolhouse, railroad station, store, or other building where people
are accustomed to assemble, other than any building or structure occupied in connection with the manufacture, transportation, storage, or use of explosives.
(9) The term "explosives manufacturing plant" shall be
held to mean and include all lands, with the buildings situated
thereon, used in connection with the manufacturing or processing of explosives or in which any process involving
explosives is carried on, or the storage of explosives thereat,
as well as any premises where explosives are used as a component part or ingredient in the manufacture of any article or
device.
(10) The term "explosives manufacturing building",
shall be held to mean and include any building or other structure (excepting magazines) containing explosives, in which
the manufacture of explosives, or any processing involving
explosives, is carried on, and any building where explosives
are used as a component part or ingredient in the manufacture
of any article or device.
(11) The term "railroad" shall be held to mean and
include any steam, electric, or other railroad which carries
passengers for hire.
(12) The term "highway" shall be held to mean and
include any public street, public alley, or public road, including a privately financed, constructed, or maintained road that
is regularly and openly traveled by the general public.
(13) The term "efficient artificial barricade" shall be held
to mean an artificial mound or properly revetted wall of earth
of a minimum thickness of not less than three feet or such
other artificial barricade as approved by the department of
labor and industries.
(14) The term "person" shall be held to mean and include
any individual, firm, partnership, corporation, company,
association, society, joint stock company, joint stock association, and including any trustee, receiver, assignee, or personal
representative thereof.
(15) The term "dealer" shall be held to mean and include
any person who purchases explosives or blasting agents for
the sole purpose of resale, and not for use or consumption.
(2004 Ed.)
70.74.010
(16) The term "forbidden or not acceptable explosives"
shall be held to mean and include explosives which are forbidden or not acceptable for transportation by common carriers by rail freight, rail express, highway, or water in accordance with the regulations of the federal department of transportation.
(17) The term "handloader" shall be held to mean and
include any person who engages in the noncommercial
assembling of small arms ammunition for his own use, specifically the operation of installing new primers, powder, and
projectiles into cartridge cases.
(18) The term "handloader components" means small
arms ammunition, small arms ammunition primers, smokeless powder not exceeding fifty pounds, and black powder as
used in muzzle loading firearms not exceeding five pounds.
(19) The term "fuel" shall be held to mean and include a
substance which may react with the oxygen in the air or with
the oxygen yielded by an oxidizer to produce combustion.
(20) The term "motor vehicle" shall be held to mean and
include any self-propelled automobile, truck, tractor, semitrailer or full trailer, or other conveyance used for the transportation of freight.
(21) The term "natural barricade" shall be held to mean
and include any natural hill, mound, wall, or barrier composed of earth or rock or other solid material of a minimum
thickness of not less than three feet.
(22) The term "oxidizer" shall be held to mean a substance that yields oxygen readily to stimulate the combustion
of organic matter or other fuel.
(23) The term "propellant-actuated power device" shall
be held to mean and include any tool or special mechanized
device or gas generator system which is actuated by a propellant or which releases and directs work through a propellant
charge.
(24) The term "public conveyance" shall be held to mean
and include any railroad car, streetcar, ferry, cab, bus, airplane, or other vehicle which is carrying passengers for hire.
(25) The term "public utility transmission system" shall
mean power transmission lines over 10 KV, telephone cables,
or microwave transmission systems, or buried or exposed
pipelines carrying water, natural gas, petroleum, or crude oil,
or refined products and chemicals, whose services are regulated by the utilities and transportation commission, municipal, or other publicly owned systems.
(26) The term "purchaser" shall be held to mean any person who buys, accepts, or receives any explosives or blasting
agents.
(27) The term "pyrotechnic" shall be held to mean and
include any combustible or explosive compositions or manufactured articles designed and prepared for the purpose of
producing audible or visible effects which are commonly
referred to as fireworks as defined in chapter 70.77 RCW.
(28) The term "small arms ammunition" shall be held to
mean and include any shotgun, rifle, pistol, or revolver cartridge, and cartridges for propellant-actuated power devices
and industrial guns. Military-type ammunition containing
explosive bursting charges, incendiary, tracer, spotting, or
pyrotechnic projectiles is excluded from this definition.
(29) The term "small arms ammunition primers" shall be
held to mean small percussion-sensitive explosive charges
[Title 70 RCW—page 115]
70.74.020
Title 70 RCW: Public Health and Safety
encased in a cup, used to ignite propellant powder and shall
include percussion caps as used in muzzle loaders.
(30) The term "smokeless powder" shall be held to mean
and include solid chemicals or solid chemical mixtures in
excess of fifty pounds which function by rapid combustion.
(31) The term "user" shall be held to mean and include
any natural person, manufacturer, or blaster who acquires,
purchases, or uses explosives as an ultimate consumer or who
supervises such use.
Words used in the singular number shall include the plural, and the plural the singular. [2002 c 370 § 1; 1993 c 293
§ 1; 1972 ex.s. c 88 § 5; 1970 ex.s. c 72 § 1; 1969 ex.s. c 137
§ 3; 1931 c 111 § 1; RRS § 5440-1.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—1993 c 293: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 293 § 11.]
Severability—1931 c 111: "In case any provision of this act shall be
adjudged unconstitutional, or void for any other reason, such adjudication
shall not affect any of the other provisions of this act." [1931 c 111 § 19.]
70.74.020
70.74.020 Restrictions on manufacture, sale, or storage—Users—Reports on storage—Waiver. (1) No person
shall manufacture, possess, store, sell, purchase, transport, or
use explosives or blasting agents except in compliance with
this chapter.
(2) The director of the department of labor and industries
shall make and promulgate rules and regulations concerning
qualifications of users of explosives and shall have the
authority to issue licenses for users of explosives to effectuate the purpose of this chapter: PROVIDED, That where
there is a finding by the director that the use or disposition of
explosives in any class of industry presents no unusual hazard to the safety of life or limb of persons employed therewith, and where the users are supervised by a superior in an
employment relationship who is sufficiently experienced in
the use of explosives, and who possesses a license for such
use under this chapter, the director in his discretion may
exclude said users in those classes of industry from individual licensing.
(3) The director of the department of labor and industries
shall make and promulgate rules and regulations concerning
the manufacture, sale, purchase, use, transportation, storage,
and disposal of explosives, and shall have the authority to
issue licenses for the manufacture, purchase, sale, use, transportation, and storage of explosives to effectuate the purpose
of this chapter. The director of the department of labor and
industries is hereby delegated the authority to grant written
waiver of this chapter whenever it can be shown that the manufacturing, handling, or storing of explosives are in compliance with applicable national or federal explosive safety standards: PROVIDED, That any resident of this state who is
qualified to purchase explosives in this state and who has
complied with the provisions of this chapter applicable to
him may purchase explosives from an authorized dealer of a
bordering state and may transport said explosives into this
state for use herein: PROVIDED FURTHER, That residents
of this state shall, within ten days of the date of purchase,
present to the department of labor and industries a report
signed by both vendor and vendee of every purchase from an
[Title 70 RCW—page 116]
out of state dealer, said report indicating the date of purchase,
name of vendor, vendor's license number, vendor's business
address, amount and kind of explosives purchased, the name
of the purchaser, the purchaser's license number, and the
name of receiver if different than purchaser.
(4) It shall be unlawful to sell, give away or otherwise
dispose of, or deliver to any person under twenty-one years of
age any explosives including black powder, and blasting caps
or other explosive igniters, whether said person is acting for
himself or for any other person: PROVIDED, That small
arms ammunition and handloader components shall not be
considered explosives for the purposes of this section: PROVIDED FURTHER, That if there is a finding by the director
that said use or disposition of explosives poses no unusual
hazard to the safety of life or limb in any class of industry,
where persons eighteen years of age or older are employed as
users, and where said persons are adequately trained and adequately supervised by a superior in an employment relationship who is sufficiently experienced in the use of explosives,
and who possesses a valid license for such use under this
chapter, the director in his discretion may exclude said persons in that class of industry from said minimum age requirement.
(5) All persons engaged in keeping, using, or storing any
compound, mixture, or material, in wet condition, or otherwise, which upon drying out or undergoing other physical
changes, may become an explosive within the definition of
RCW 70.74.010, shall report in writing subscribed to by such
person or his agent, to the department of labor and industries,
report blanks to be furnished by such department, and such
reports to require:
(a) The kind of compound, mixture, or material kept or
stored, and maximum quantity thereof;
(b) Condition or state of compound, mixture, or material;
(c) Place where kept or stored.
The department of labor and industries may at any time
cause an inspection to be made to determine whether the condition of the compound, mixture, or material is as reported.
[1982 c 111 § 1; 1972 ex.s. c 88 § 6; 1969 ex.s. c 137 § 4;
1967 c 99 § 1; 1931 c 111 § 2; RRS § 5440-2.]
70.74.022
70.74.022 License required to manufacture, purchase, sell, use, possess, transport, or store explosives—
Penalty—Surrender of explosives by unlicensed person—
Other relief. (1) It is unlawful for any person to manufacture, purchase, sell, offer for sale, use, possess, transport, or
store any explosive, improvised device, or components that
are intended to be assembled into an explosive or improvised
device without having a validly issued license from the
department of labor and industries, which license has not
been revoked or suspended. Violation of this section is a class
C felony.
(2) Upon notice from the department of labor and industries or any law enforcement agency having jurisdiction, a
person manufacturing, purchasing, selling, offering for sale,
using, possessing, transporting, or storing any explosive,
improvised device, or components of explosives or improvised devices without a license shall immediately surrender
those explosives, improvised devices, or components to the
department or to the respective law enforcement agency.
(2004 Ed.)
Washington State Explosives Act
(3) At any time that the director of labor and industries
requests the surrender of explosives, improvised devices, or
components of explosives or improvised devices, from any
person pursuant to subsection (2) of this section, the director
may in addition request the attorney general to make application to the superior court of the county in which the unlawful
practice exists for a temporary restraining order or such other
relief as appears to be appropriate under the circumstances.
[1993 c 293 § 2; 1988 c 198 § 10.]
Severability—1993 c 293: See note following RCW 70.74.010.
70.74.025
70.74.025 Magazines—Classification, location and
construction—Standards—Use. The director of the department of labor and industries shall establish by rule or regulation requirements for classification, location and construction
of magazines for storage of explosives in compliance with
accepted applicable explosive safety standards. All explosives shall be kept in magazines which meet the requirements
of this chapter. [1969 ex.s. c 137 § 9.]
70.74.030
70.74.030 Quantity and distance tables for storage—
Adoption by rule. All explosive manufacturing buildings
and magazines in which explosives or blasting agents except
small arms ammunition and smokeless powder are had, kept,
or stored, must be located at distances from inhabited buildings, railroads, highways, and public utility transmission systems in conformity with the quantity and distance tables
adopted by the department of labor and industries by rule.
The department of labor and industries shall adopt the quantity and distance tables promulgated by the federal bureau of
alcohol, tobacco, and firearms unless the department determines the tables to be inappropriate. The tables shall be the
basis on which applications for storage license[s] are made
and storage licenses issued as provided in RCW 70.74.110
and 70.74.120. [1988 c 198 § 1; 1972 ex.s. c 88 § 7; 1969
ex.s. c 137 § 10; 1931 c 111 § 5; RRS § 5440-5.]
70.74.040
70.74.040 Limit on storage quantity. No quantity in
excess of three hundred thousand pounds, or the equivalent in
blasting caps shall be had, kept or stored in any factory building or magazine in this state. [1970 ex.s. c 72 § 2; 1931 c 111
§ 4; RRS § 5440-4.]
70.74.050
70.74.050 Quantity and distance table for explosives
manufacturing buildings. All explosives manufacturing
buildings shall be located one from the other and from other
buildings on explosives manufacturing plants in which persons are regularly employed, and all magazines shall be
located from factory buildings and buildings on explosives
plants in which persons are regularly employed, in conformity with the intraexplosives plant quantity and distance
table below set forth:
(2004 Ed.)
EXPLOSIVES
Pounds
Over
70.74.050
Pounds
Not Over
Distance
Feet
Separate
Building or
Within
Substantial
Dividing Walls
....
10
25
50
100
200
300
400
500
750
1,000
1,500
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,500
15,000
17,500
20,000
25,000
30,000
35,000
40,000
45,000
50,000
55,000
60,000
65,000
70,000
75,000
80,000
85,000
90,000
95,000
100,000
125,000
150,000
175,000
200,000
225,000
10
25
50
100
200
300
400
500
750
1,000
1,500
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,500
15,000
17,500
20,000
25,000
30,000
35,000
40,000
45,000
50,000
55,000
60,000
65,000
70,000
75,000
80,000
85,000
90,000
95,000
100,000
125,000
150,000
175,000
200,000
225,000
250,000
40
60
80
100
120
130
140
160
180
210
230
260
280
300
320
340
360
380
400
420
450
470
490
530
560
590
620
640
660
680
700
720
740
770
780
790
800
820
830
900
950
1,000
1,050
1,100
1,150
[1972 ex.s. c 88 § 8; 1931 c 111 § 5; RRS § 5440-5.]
[Title 70 RCW—page 117]
70.74.061
Title 70 RCW: Public Health and Safety
70.74.061
70.74.061 Quantity and distance tables for separation between magazines—Adoption by rule. Magazines
containing blasting caps and electric blasting caps shall be
separated from other magazines containing like contents, or
from magazines containing explosives by distances set in the
quantity and distance tables adopted by the department of
labor and industries by rule. The department of labor and
industries shall adopt the quantity and distance tables promulgated by the federal bureau of alcohol, tobacco, and firearms unless the department determines the tables to be inappropriate. The tables shall be the basis on which applications
for storage license[s] are made and storage licenses issued as
provided in RCW 70.74.110 and 70.74.120. [1988 c 198 § 2;
1969 ex.s. c 137 § 11.]
70.74.100
70.74.100 Storage of caps with explosives prohibited.
No blasting caps, or other detonating or fulminating caps, or
detonators, or flame-producing devices shall be kept or stored
in any magazine in which other explosives are kept or stored.
[1969 ex.s. c 137 § 12; 1931 c 111 § 10; RRS § 5440-10.]
(a) The maximum amount and kind of explosive material
which is or will be present in each building at one time.
(b) The nature and kind of work carried on in each building and whether or not said buildings are surrounded by natural or artificial barricades.
Except as provided in RCW 70.74.370, the department
of labor and industries shall as soon as possible after receiving such application cause an inspection to be made of the
explosives manufacturing plant, and if found to be in accordance with RCW 70.74.030 and 70.74.050 and 70.74.061,
such department shall issue a license to the person applying
therefor showing compliance with the provisions of this
chapter if the applicant demonstrates that either the applicant
or the officers, agents or employees of the applicant are sufficiently experienced in the manufacture of explosives and the
applicant meets the qualifications for a license under RCW
70.74.360. Such license shall continue in full force and effect
until expired, suspended, or revoked by the department pursuant to this chapter. [1997 c 58 § 870; 1988 c 198 § 5; 1969
ex.s. c 137 § 13; 1941 c 101 § 1; 1931 c 111 § 11; Rem. Supp.
1941 § 5440-1.]
70.74.110
70.74.110 Manufacturer's report—Inspection—
License. All persons engaged in the manufacture of explosives, or any process involving explosives, or where explosives are used as a component part in the manufacture of any
article or device, on August 11, 1969, shall within sixty days
thereafter, and all persons engaging in the manufacture of
explosives, or any process involving explosives, or where
explosives are used as a component part in the manufacture
of any article or device after August 11, 1969, shall, before so
engaging, make an application in writing, subscribed to by
such person or his agent, to the department of labor and
industries, the application stating:
(1) Location of place of manufacture or processing;
(2) Kind of explosives manufactured, processed or used;
(3) The distance that such explosives manufacturing
building is located or intended to be located from the other
factory buildings, magazines, inhabited buildings, railroads
and highways and public utility transmission systems;
(4) The name and address of the applicant;
(5) The reason for desiring to manufacture explosives;
(6) The applicant's citizenship, if the applicant is an individual;
(7) If the applicant is a partnership, the names and
addresses of the partners, and their citizenship;
(8) If the applicant is an association or corporation, the
names and addresses of the officers and directors thereof, and
their citizenship; and
(9) Such other pertinent information as the director of
labor and industries shall require to effectuate the purpose of
this chapter.
There shall be kept in the main office on the premises of
each explosives manufacturing plant a plan of said plant
showing the location of all explosives manufacturing buildings and the distance they are located from other factory
buildings where persons are employed and from magazines,
and these plans shall at all times be open to inspection by duly
authorized inspectors of the department of labor and industries. The superintendent of each plant shall upon demand of
said inspector furnish the following information:
[Title 70 RCW—page 118]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
70.74.120
70.74.120 Storage report—Inspection—License—
Cancellation. All persons engaged in keeping or storing and
all persons having in their possession explosives on August
11, 1969, shall within sixty days thereafter, and all persons
engaging in keeping or storing explosives or coming into
possession thereof after August 11, 1969, shall before engaging in the keeping or storing of explosives or taking possession thereof, make an application in writing subscribed to by
such person or his agent, to the department of labor and
industries stating:
(1) The location of the magazine, if any, if then existing,
or in case of a new magazine, the proposed location of such
magazine;
(2) The kind of explosives that are kept or stored or possessed or intended to be kept or stored or possessed and the
maximum quantity that is intended to be kept or stored or
possessed thereat;
(3) The distance that such magazine is located or
intended to be located from other magazines, inhabited buildings, explosives manufacturing buildings, railroads, highways and public utility transmission systems;
(4) The name and address of the applicant;
(5) The reason for desiring to store or possess explosives;
(6) The citizenship of the applicant if the applicant is an
individual;
(7) If the applicant is a partnership, the names and
addresses of the partners and their citizenship;
(8) If the applicant is an association or corporation, the
names and addresses of the officers and directors thereof and
their citizenship;
(2004 Ed.)
Washington State Explosives Act
(9) And such other pertinent information as the director
of the department of labor and industries shall require to
effectuate the purpose of this chapter.
The department of labor and industries shall, as soon as
may be after receiving such application, cause an inspection
to be made of the magazine, if then constructed, and, in the
case of a new magazine, as soon as may be after same is
found to be constructed in accordance with the specification
provided in RCW 70.74.025, such department shall determine the amount of explosives that may be kept and stored in
such magazine by reference to the quantity and distance
tables specified in or adopted under this chapter and shall
issue a license to the person applying therefor if the applicant
demonstrates that either the applicant or the officers, agents,
or employees of the applicant are sufficiently experienced in
the handling of explosives and possess suitable storage facilities therefor, and that the applicant meets the qualifications
for a license under RCW 70.74.360. Said license shall set
forth the maximum quantity of explosives that may be had,
kept or stored by said person. Such license shall be valid until
canceled for one or more of the causes hereinafter provided.
Whenever by reason of change in the physical conditions surrounding said magazine at the time of the issuance of the
license therefor, such as:
(a) The erection of buildings nearer said magazine;
(b) The construction of railroads nearer said magazine;
(c) The opening for public travel of highways nearer said
magazine; or
(d) The construction of public utilities transmission systems near said magazine; then the amounts of explosives
which may be lawfully had, kept or stored in said magazine
must be reduced to conform to such changed conditions in
accordance with the quantity and distance table notwithstanding the license, and the department of labor and industries
shall modify or cancel such license in accordance with the
changed conditions. Whenever any person to whom a license
has been issued, keeps or stores in the magazine or has in his
possession, any quantity of explosives in excess of the maximum amount set forth in said license, or whenever any person fails for thirty days to pay the annual license fee hereinafter provided after the same becomes due, the department is
authorized to cancel such license. Whenever a license is canceled by the department for any cause herein specified, the
department shall notify the person to whom such license is
issued of the fact of such cancellation and shall in said notice
direct the removal of all explosives stored in said magazine
within ten days from the giving of said notice, or, if the cause
of cancellation be the failure to pay the annual license fee, or
the fact that explosives are kept for an unlawful purpose, the
department of labor and industries shall order such person to
dispossess himself of said explosives within ten days from
the giving of said notice. Failure to remove the explosives
stored in said magazine or to dispossess oneself of the explosives as herein provided within the time specified in said
notice shall constitute a violation of this chapter. [1988 c 198
§ 6; 1969 ex.s. c 137 § 14; 1941 c 101 § 2; 1931 c 111 § 12;
Rem. Supp. 1941 § 5440-12.]
70.74.130
70.74.130 Dealer in explosives—Application—
License. Every person desiring to engage in the business of
dealing in explosives shall apply to the department of labor
(2004 Ed.)
70.74.135
and industries for a license therefor. Said application shall
state, among other things:
(1) The name and address of applicant;
(2) The reason for desiring to engage in the business of
dealing in explosives;
(3) Citizenship, if an individual applicant;
(4) If a partnership, the names and addresses of the partners and their citizenship;
(5) If an association or corporation, the names and
addresses of the officers and directors thereof and their citizenship; and
(6) Such other pertinent information as the director of
labor and industries shall require to effectuate the purpose of
this chapter.
Except as provided in RCW 70.74.370, the department
of labor and industries shall issue the license if the applicant
demonstrates that either the applicant or the principal officers, agents, or employees of the applicant are experienced in
the business of dealing in explosives, possess suitable facilities therefor, have not been convicted of any crime that would
warrant revocation or nonrenewal of a license under this
chapter, and have never had an explosives-related license
revoked under this chapter or under similar provisions of any
other state. [1997 c 58 § 871; 1988 c 198 § 7; 1969 ex.s. c
137 § 16; 1941 c 101 § 3; Rem. Supp. 1941 § 5440-12a.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
70.74.135
70.74.135 Purchaser of explosives—Application—
License. All persons desiring to purchase explosives except
handloader components shall apply to the department of
labor and industries for a license. Said application shall state,
among other things:
(1) The location where explosives are to be used;
(2) The kind and amount of explosives to be used;
(3) The name and address of the applicant;
(4) The reason for desiring to use explosives;
(5) The citizenship of the applicant if the applicant is an
individual;
(6) If the applicant is a partnership, the names and
addresses of the partners and their citizenship;
(7) If the applicant is an association or corporation, the
names and addresses of the officers and directors thereof and
their citizenship; and
(8) Such other pertinent information as the director of the
department of labor and industries shall require to effectuate
the purpose of this chapter.
The department of labor and industries shall issue the
license if the applicant demonstrates that either the applicant
or the officers, agents or employees of the applicant are sufficiently experienced in the use of explosives to authorize a
purchase license. However, no purchaser's license may be
issued to any person who cannot document proof of possession or right to use approved and licensed storage facilities
unless the person signs a statement certifying that explosives
will not be stored. [1988 c 198 § 8; 1971 ex.s. c 302 § 7; 1970
ex.s. c 72 § 3; 1969 ex.s. c 137 § 18.]
[Title 70 RCW—page 119]
70.74.137
Title 70 RCW: Public Health and Safety
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
70.74.137
70.74.137 Purchaser's license fee. Every person
applying for a purchaser's license, or renewal thereof, shall
pay an annual license fee of five dollars. The director of labor
and industries may adjust the amount of the license fee to
reflect the administrative costs of the department. The fee
shall not exceed fifteen dollars.
Said license fee shall accompany the application and
shall be transmitted by the department to the state treasurer:
PROVIDED, That if the applicant is denied a purchaser's
license the license fee shall be returned to said applicant by
registered mail. [1988 c 198 § 12; 1972 ex.s. c 88 § 2.]
tive costs of the department. The fee shall not exceed fifty
dollars.
Businesses licensed to sell explosives must comply with
all of the dealer requirements of this chapter.
The license fee shall accompany the application and
shall be transmitted by the department to the state treasurer.
[1988 c 198 § 16.]
70.74.150
70.74.150 Annual inspection. The department of labor
and industries shall make, or cause to be made, at least one
inspection during every year, of each licensed explosives
plant or magazine. [1931 c 111 § 14; RRS § 5440-14.]
70.74.160
70.74.140
70.74.140 Storage license fee. Every person engaging
in the business of keeping or storing of explosives shall pay
an annual license fee for each magazine maintained, to be
graduated by the department of labor and industries according to the quantity kept or stored therein, of ten dollars. The
director of labor and industries may adjust the amount of the
license fee to reflect the administrative costs of the department. The fee shall not exceed one hundred dollars.
Said license fee shall accompany the application and
shall be transmitted by the department to the state treasurer.
[1988 c 198 § 13; 1969 ex.s. c 137 § 15; 1931 c 111 § 13;
RRS § 5440-13.]
70.74.142
70.74.142 User's license or renewal—Fee. Every person applying for a user's license, or renewal thereof, under
this chapter shall pay an annual license fee of five dollars.
The director of labor and industries may adjust the amount of
the license fee to reflect the administrative costs of the
department. The fee shall not exceed fifteen dollars.
Said license fee shall accompany the application, and be
turned over by the department to the state treasurer: PROVIDED, That if the applicant is denied a user's license the
license fee shall be returned to said applicant by registered
mail. [1988 c 198 § 14; 1972 ex.s. c 88 § 1.]
70.74.144
70.74.144 Manufacturer's license fee—Manufacturers to comply with dealer requirements when selling.
Every person engaged in the business of manufacturing
explosives shall pay an annual license fee of twenty-five dollars. The director of labor and industries may adjust the
amount of the license fee to reflect the administrative costs of
the department. The fee shall not exceed fifty dollars.
Businesses licensed to manufacture explosives are not
required to have a dealer's license, but must comply with all
of the dealer requirements of this chapter when they sell
explosives.
The license fee shall accompany the application and
shall be transmitted by the department to the state treasurer.
[1988 c 198 § 15.]
70.74.146
70.74.146 Seller's license fee—Sellers to comply with
dealer requirements. Every person engaged in the business
of selling explosives shall pay an annual license fee of
twenty-five dollars. The director of labor and industries may
adjust the amount of the license fee to reflect the administra[Title 70 RCW—page 120]
70.74.160 Unlawful access to explosives. No person,
except the director of labor and industries or the director's
authorized agent, the owner, the owner's agent, or a person
authorized to enter by the owner or owner's agent, or a law
enforcement officer acting within his or her official capacity,
may enter any explosives manufacturing building, magazine
or car, vehicle or other common carrier containing explosives
in this state. Violation of this section is a gross misdemeanor
punishable under chapter 9A.20 RCW. [1993 c 293 § 3; 1969
ex.s. c 137 § 19; 1931 c 111 § 15; RRS § 5440-15.]
Severability—1993 c 293: See note following RCW 70.74.010.
70.74.170
70.74.170 Discharge of firearms or igniting flame
near explosives. No person shall discharge any firearms at
or against any magazine or explosives manufacturing buildings or ignite any flame or flame-producing device nearer
than two hundred feet from said magazine or explosives manufacturing building. [1969 ex.s. c 137 § 20; 1931 c 111 § 16;
RRS § 5440-16.]
70.74.180
70.74.180 Explosive devices prohibited—Penalty.
Any person who has in his or her possession or control any
shell, bomb, or similar device, charged or filled with one or
more explosives, intending to use it or cause it to be used for
an unlawful purpose, is guilty of a class A felony, and upon
conviction shall be punished by imprisonment in a state
prison for a term of not more than twenty years. [2003 c 53 §
354; 1984 c 55 § 1; 1969 ex.s. c 137 § 21; 1931 c 111 § 18;
RRS § 5440-18.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.74.191
70.74.191 Exemptions. The laws contained in this
chapter and regulations prescribed by the department of labor
and industries pursuant to this chapter shall not apply to:
(1) Explosives or blasting agents in the course of transportation by way of railroad, water, highway, or air under the
jurisdiction of, and in conformity with, regulations adopted
by the federal department of transportation, the Washington
state utilities and transportation commission, and the Washington state patrol;
(2) The laboratories of schools, colleges, and similar
institutions if confined to the purpose of instruction or
research and if not exceeding the quantity of one pound;
(3) Explosives in the forms prescribed by the official
United States Pharmacopoeia;
(2004 Ed.)
Washington State Explosives Act
(4) The transportation, storage, and use of explosives or
blasting agents in the normal and emergency operations of
United States agencies and departments including the regular
United States military departments on military reservations;
arsenals, navy yards, depots, or other establishments owned
by, operated by, or on behalf of, the United States; or the duly
authorized militia of any state; or to emergency operations of
any state department or agency, any police, or any municipality or county;
(5) A hazardous devices technician when carrying out
normal and emergency operations, handling evidence, and
operating and maintaining a specially designed emergency
response vehicle that carries no more than ten pounds of
explosive material or when conducting training and whose
employer possesses the minimum safety equipment prescribed by the federal bureau of investigation for hazardous
devices work. For purposes of this section, a hazardous
devices technician is a person who is a graduate of the federal
bureau of investigation hazardous devices school and who is
employed by a state, county, or municipality;
(6) The importation, sale, possession, and use of fireworks as defined in chapter 70.77 RCW, signaling devices,
flares, fuses, and torpedoes;
(7) The transportation, storage, and use of explosives or
blasting agents in the normal and emergency avalanche control procedures as conducted by trained and licensed ski area
operator personnel. However, the storage, transportation, and
use of explosives and blasting agents for such use shall meet
the requirements of regulations adopted by the director of
labor and industries;
(8) The storage of consumer fireworks as defined in
chapter 70.77 RCW pursuant to a forfeiture or seizure under
chapter 70.77 RCW by the chief of the Washington state
patrol, through the director of fire protection, or his or her
deputy, or by state agencies or local governments having general law enforcement authority; and
(9) Any violation under this chapter if any existing ordinance of any city, municipality, or county is more stringent
than this chapter. [2002 c 370 § 2; 1998 c 40 § 1; 1993 c 293
§ 5; 1985 c 191 § 2; 1969 ex.s. c 137 § 5.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—1993 c 293: See note following RCW 70.74.010.
Purpose—1985 c 191: "It is the purpose of this 1985 act to protect the
public by enabling ski area operators to exercise appropriate avalanche control measures. The legislature finds that avalanche control is of vital importance to safety in ski areas and that the provisions of the Washington state
explosives act contain restrictions which do not reflect special needs for the
use of explosives as a means of clearing an area of serious avalanche risks.
This 1985 act recognizes these needs while providing for a system of regulations designed to ensure that the use of explosives for avalanche control conforms to fundamental safety requirements." [1985 c 191 § 1.]
70.74.201
70.74.201 Municipal or county ordinances unaffected—State preemption. This chapter shall not affect,
modify or limit the power of a city, municipality or county in
this state to make an ordinance that is more stringent than this
chapter which is applicable within their respective corporate
limits or boundaries: PROVIDED, That the state shall be
deemed to have preempted the field of regulation of small
arms ammunition and handloader components. [1970 ex.s. c
72 § 5; 1969 ex.s. c 137 § 6.]
(2004 Ed.)
70.74.270
70.74.210
70.74.210 Coal mining code unaffected. All acts and
parts of acts inconsistent with this act are hereby repealed:
PROVIDED, HOWEVER, That nothing in this act shall be
construed as amending, limiting, or repealing any provision
of chapter 36, session laws of 1917, known as the coal mining
code. [1931 c 111 § 22; RRS § 5440-22.]
70.74.230
70.74.230 Shipments out of state—Dealer's records.
If any manufacturer of explosives or dealer therein shall have
shipped any explosives into another state, and the laws of
such other state shall designate an officer or agency to regulate the possession, receipt or storage of explosives, and such
officer or agency shall so require, such manufacturer shall, at
least once each calendar month, file with such officer or
agency of such other state a report giving the names of all
purchasers and the amount and description of all explosives
sold or delivered in such other state. Dealers in explosives
shall keep a record of all explosives purchased or sold by
them, which record shall include the name and address of
each vendor and vendee, the date of each sale or purchase,
and the amount and kind of explosives sold or purchased.
Such records shall be open for inspection by the duly authorized agents of the department of labor and industries and by
all federal, state and local law enforcement officers at all
times, and a copy of such record shall be furnished once each
calendar month to the department of labor and industries in
such form as said department shall prescribe. [1941 c 101 §
4; Rem. Supp. 1941 § 5440-23.]
70.74.240
70.74.240 Sale to unlicensed person prohibited. No
dealer shall sell, barter, give or dispose of explosives to any
person who does not hold a license to purchase explosives
issued under the provisions of this chapter. [1970 ex.s. c 72
§ 4; 1969 ex.s. c 137 § 17; 1941 c 101 § 5; Rem. Supp. 1941
§ 5440-24.]
70.74.250
70.74.250 Blasting near fur farms and hatcheries.
Between the dates of January 15th and June 15th of each year
it shall be unlawful for any person to do, or cause to be done,
any blasting within fifteen hundred feet from any fur farm or
commercial hatchery except in case of emergency without
first giving to the person in charge of such farm or hatchery
twenty-four hours notice: PROVIDED, HOWEVER, That in
the case of an established quarry and sand and gravel operations, and where it is necessary for blasting to be done continually, the notice required in this section may be made at the
beginning of the period each year when blasting is to be done.
[1941 c 107 § 1; Rem. Supp. 1941 § 5440-25.]
70.74.270
70.74.270 Malicious placement of an explosive—Penalties. A person who maliciously places any explosive or
improvised device in, upon, under, against, or near any building, car, vessel, railroad track, airplane, public utility transmission system, or structure, in such manner or under such
circumstances as to destroy or injure it if exploded is guilty
of:
(1) Malicious placement of an explosive in the first
degree if the offense is committed with intent to commit a terrorist act. Malicious placement of an explosive in the first
degree is a class A felony;
[Title 70 RCW—page 121]
70.74.272
Title 70 RCW: Public Health and Safety
(2) Malicious placement of an explosive in the second
degree if the offense is committed under circumstances not
amounting to malicious placement of an explosive in the first
degree and if the circumstances and surroundings are such
that the safety of any person might be endangered by the
explosion. Malicious placement of an explosive in the second
degree is a class B felony;
(3) Malicious placement of an explosive in the third
degree if the offense is committed under circumstances not
amounting to malicious placement of an explosive in the first
or second degree. Malicious placement of an explosive in the
third degree is a class B felony. [1997 c 120 § 1; 1993 c 293
§ 6; 1992 c 7 § 49; 1984 c 55 § 2; 1971 ex.s. c 302 § 8; 1969
ex.s. c 137 § 23; 1909 c 249 § 400; RRS § 2652.]
Severability—1993 c 293: See note following RCW 70.74.010.
70.74.272
70.74.272 Malicious placement of an imitation
device—Penalties. (1) A person who maliciously places any
imitation device in, upon, under, against, or near any building, car, vessel, railroad track, airplane, public utility transmission system, or structure, with the intent to give the
appearance or impression that the imitation device is an
explosive or improvised device, is guilty of:
(a) Malicious placement of an imitation device in the
first degree if the offense is committed with intent to commit
a terrorist act. Malicious placement of an imitation device in
the first degree is a class B felony;
(b) Malicious placement of an imitation device in the
second degree if the offense is committed under circumstances not amounting to malicious placement of an imitation
device in the first degree. Malicious placement of an imitation device in the second degree is a class C felony.
(2) For purposes of this section, "imitation device"
means a device or substance that is not an explosive or improvised device, but which by appearance or representation
would lead a reasonable person to believe that the device or
substance is an explosive or improvised device. [1997 c 120
§ 2.]
70.74.275
70.74.275 Intimidation or harassment with an explosive—Class C felony. Unless otherwise allowed to do so
under this chapter, a person who exhibits a device designed,
assembled, fabricated, or manufactured, to convey the
appearance of an explosive or improvised device, and who
intends to, and does, intimidate or harass a person, is guilty of
a class C felony. [1993 c 293 § 4.]
amounting to malicious explosion of a substance in the first
degree and if thereby the life or safety of a human being is
endangered. Malicious explosion of a substance in the second
degree is a class A felony;
(3) Malicious explosion of a substance in the third
degree if the offense is committed under circumstances not
amounting to malicious explosion of a substance in the first
or second degree. Malicious explosion of a substance in the
third degree is a class B felony. [1997 c 120 § 3; 1992 c 7 §
50; 1971 ex.s. c 302 § 9; 1969 ex.s. c 137 § 24; 1909 c 249 §
401; RRS § 2653.]
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
70.74.285
70.74.285 "Terrorist act" defined. For the purposes of
RCW 70.74.270, 70.74.272, and 70.74.280 "terrorist act"
means an act that is intended to: (1) Intimidate or coerce a
civilian population; (2) influence the policy of a branch or
level of government by intimidation or coercion; (3) affect
the conduct of a branch or level of government by intimidation or coercion; or (4) retaliate against a branch or level of
government for a policy or conduct of the government. [1997
c 120 § 4.]
70.74.295
70.74.295 Abandonment of explosives. It shall be
unlawful for any person to abandon explosives or improvised
devices. Violation of this section is a gross misdemeanor
punishable under chapter 9A.20 RCW. [1993 c 293 § 7; 1972
ex.s. c 88 § 3.]
Severability—1993 c 293: See note following RCW 70.74.010.
70.74.297
70.74.297 Separate storage of components capable of
detonation when mixed. Any two components which, when
mixed, become capable of detonation by a No. 6 cap must be
stored in separate locked containers or in a licensed,
approved magazine. [1972 ex.s. c 88 § 4.]
70.74.300
70.74.300 Explosive containers to be marked—Penalty. Every person who shall put up for sale, or who shall
deliver to any warehouseman, dock, depot, or common carrier any package, cask or can containing any explosive, nitroglycerin, dynamite, or powder, without having been properly
labeled thereon to indicate its explosive classification, shall
be guilty of a gross misdemeanor. [1969 ex.s. c 137 § 26;
1909 c 249 § 254; RRS § 2506.]
Reviser's note: Caption for 1909 c 249 § 254 reads as follows: "Sec.
254. TRANSPORTING EXPLOSIVES."
Severability—1993 c 293: See note following RCW 70.74.010.
70.74.310
70.74.280
70.74.280 Malicious explosion of a substance—Penalties. A person who maliciously, by the explosion of gunpowder or any other explosive substance or material, destroy
or damage any building, car, airplane, vessel, common carrier, railroad track, or public utility transmission system or
structure is guilty of:
(1) Malicious explosion of a substance in the first degree
if the offense is committed with intent to commit a terrorist
act. Malicious explosion of a substance in the first degree is a
class A felony;
(2) Malicious explosion of a substance in the second
degree if the offense is committed under circumstances not
[Title 70 RCW—page 122]
70.74.310 Gas bombs, explosives, stink bombs, etc.
Any person other than a lawfully constituted peace officer of
this state who shall deposit, leave, place, spray, scatter,
spread or throw in any building, or any place, or who shall
counsel, aid, assist, encourage, incite or direct any other person or persons to deposit, leave, place, spray, scatter, spread
or throw, in any building or place, or who shall have in his
possession for the purpose of, and with the intent of depositing, leaving, placing, spraying, scattering, spreading or
throwing, in any building or place, or of counseling, aiding,
assisting, encouraging, inciting or directing any other person
or persons to deposit, leave, place, spray, scatter, spread or
throw, any stink bomb, stink paint, tear bomb, tear shell,
(2004 Ed.)
Washington State Explosives Act
explosive or flame-producing device, or any other device,
material, chemical or substance, which, when exploded or
opened, or without such exploding or opening, by reason of
its offensive and pungent odor, does or will annoy, injure,
endanger or inconvenience any person or persons, shall be
guilty of a gross misdemeanor: PROVIDED, That this section shall not apply to persons in the military service, actually
engaged in the performance of military duties, pursuant to
orders from competent authority nor to any property owner or
person acting under his authority in providing protection
against the commission of a felony. [1969 ex.s. c 137 § 27;
1927 c 245 § 1; RRS § 2504-1.]
70.74.320
70.74.320 Small arms ammunition, primers and propellants—Transportation regulations. The federal regulations of the United States department of transportation on the
transportation of small arms ammunition, of small arms
ammunition primers, and of small arms smokeless propellants are hereby adopted in this chapter by reference.
The director of the department of labor and industries
has the authority to issue future regulations in accordance
with amendments and additions to the federal regulations of
the United States department of transportation on the transportation of small arms ammunition, of small arms ammunition primers, and of small arms smokeless propellants. [1969
ex.s. c 137 § 28.]
70.74.330
70.74.330 Small arms ammunition, primers and propellants—Separation from flammable materials. Small
arms ammunition shall be separated from flammable liquids,
flammable solids and oxidizing materials by a fire-resistant
wall of one-hour rating or by a distance of twenty-five feet.
[1969 ex.s. c 137 § 29.]
70.74.340
70.74.340 Small arms ammunition, primers and propellants—Transportation, storage and display requirements. Quantities of small arms smokeless propellant (class
B) in shipping containers approved by the federal department
of transportation not in excess of fifty pounds may be transported in a private vehicle.
Quantities in excess of twenty-five pounds but not to
exceed fifty pounds in a private passenger vehicle shall be
transported in an approved magazine as specified by the
department of labor and industries rules and regulations.
Transportation of quantities in excess of fifty pounds is
prohibited in passenger vehicles: PROVIDED, That this
requirement shall not apply to duly licensed dealers.
Transportation of quantities in excess of fifty pounds
shall be in accordance with federal department of transportation regulations.
Small arms smokeless propellant intended for personal
use in quantities not to exceed twenty-five pounds may be
stored without restriction in residences; quantities over
twenty-five pounds but not to exceed fifty pounds shall be
stored in a strong box or cabinet constructed with threefourths inch plywood (minimum), or equivalent, on all sides,
top, and bottom.
Black powder as used in muzzle loading firearms may be
transported in a private vehicle or stored without restriction
in private residences in quantities not to exceed five pounds.
(2004 Ed.)
70.74.360
Not more than seventy-five pounds of small arms
smokeless propellant, in containers of one pound maximum
capacity may be displayed in commercial establishments.
Not more than twenty-five pounds of black powder as
used in muzzle loading firearms may be stored in commercial
establishments of which not more than four pounds in containers of one pound maximum capacity may be displayed.
Quantities in excess of one hundred fifty pounds of
smokeless propellant or twenty-five pounds of black powder
as used in muzzle loading firearms shall be stored in magazines constructed as specified in the rules and regulations for
construction of magazines, and located in compliance with
this chapter.
All small arms smokeless propellant when stored shall
be packed in federal department of transportation approved
containers. [1970 ex.s. c 72 § 6; 1969 ex.s. c 137 § 30.]
70.74.350
70.74.350 Small arms ammunition, primers and propellants—Primers, transportation and storage requirements. Small arms ammunition primers shall not be transported or stored except in the original shipping container
approved by the federal department of transportation.
Truck or rail transportation of small arms ammunition
primers shall be in accordance with the federal regulation of
the United States department of transportation.
No more than twenty-five thousand small arms ammunition primers shall be transported in a private passenger vehicle: PROVIDED, That this requirement shall not apply to
duly licensed dealers.
Quantities not to exceed ten thousand small arms ammunition primers may be stored in a residence.
Small arms ammunition primers shall be separate from
flammable liquids, flammable solids, and oxidizing materials
by a fire-resistant wall of one-hour rating or by a distance of
twenty-five feet.
Not more than seven hundred fifty thousand small arms
ammunition primers shall be stored in any one building
except as next provided; no more than one hundred thousand
shall be stored in any one pile, and piles shall be separated by
at least fifteen feet.
Quantities of small arms ammunition primers in excess
of seven hundred fifty thousand shall be stored in magazines
in accordance with RCW 70.74.025. [1969 ex.s. c 137 § 31.]
70.74.360
70.74.360 Licenses—Fingerprint and criminal
record checks—Fee—Licenses prohibited for certain persons—License fees. (1) The director of labor and industries
shall require, as a condition precedent to the original issuance
or renewal of any explosive license, fingerprinting and criminal history record information checks of every applicant. In
the case of a corporation, fingerprinting and criminal history
record information checks shall be required for the management officials directly responsible for the operations where
explosives are used if such persons have not previously had
their fingerprints recorded with the department of labor and
industries. In the case of a partnership, fingerprinting and
criminal history record information checks shall required of
all general partners. Such fingerprints as are required by the
department of labor and industries shall be submitted on
forms provided by the department to the identification sec[Title 70 RCW—page 123]
70.74.370
Title 70 RCW: Public Health and Safety
tion of the Washington state patrol and to the identification
division of the federal bureau of investigation in order that
these agencies may search their records for prior convictions
of the individuals fingerprinted. The Washington state patrol
shall provide to the director of labor and industries such criminal record information as the director may request. The
applicant shall give full cooperation to the department of
labor and industries and shall assist the department of labor
and industries in all aspects of the fingerprinting and criminal
history record information check. The applicant may be
required to pay a fee not to exceed twenty dollars to the
agency that performs the fingerprinting and criminal history
process.
(2) The director of labor and industries shall not issue a
license to manufacture, purchase, store, use, or deal with
explosives to:
(a) Any person under twenty-one years of age;
(b) Any person whose license is suspended or whose
license has been revoked, except as provided in RCW
70.74.370;
(c) Any person who has been convicted in this state or
elsewhere of a violent offense as defined in RCW 9.94A.030,
perjury, false swearing, or bomb threats or a crime involving
a schedule I or II controlled substance, or any other drug or
alcohol related offense, unless such other drug or alcohol
related offense does not reflect a drug or alcohol dependency.
However, the director of labor and industries may issue a
license if the person suffering a drug or alcohol related
dependency is participating in or has completed an alcohol or
drug recovery program acceptable to the department of labor
and industries and has established control of their alcohol or
drug dependency. The director of labor and industries shall
require the applicant to provide proof of such participation
and control; or
(d) Any person who has previously been adjudged to be
mentally ill or insane, or to be incompetent due to any mental
disability or disease and who has not at the time of application been restored to competency.
(3) The director of labor and industries may establish
reasonable licensing fees for the manufacture, dealing, purchase, use, and storage of explosives. [1988 c 198 § 3.]
70.74.370 License revocation, nonrenewal, or suspension. (1) The department of labor and industries shall
revoke and not renew the license of any person holding a
manufacturer, dealer, purchaser, user, or storage license upon
conviction of any of the following offenses, which conviction
has become final:
(a) A violent offense as defined in RCW 9.94A.030;
(b) A crime involving perjury or false swearing, including the making of a false affidavit or statement under oath to
the department of labor and industries in an application or
report made pursuant to this title;
(c) A crime involving bomb threats;
(d) A crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless
such other drug or alcohol related offense does not reflect a
drug or alcohol dependency. However, the department of
labor and industries may condition renewal of the license to
any convicted person suffering a drug or alcohol dependency
who is participating in an alcoholism or drug recovery pro70.74.370
[Title 70 RCW—page 124]
gram acceptable to the department of labor and industries and
has established control of their alcohol or drug dependency.
The department of labor and industries shall require the licensee to provide proof of such participation and control;
(e) A crime relating to possession, use, transfer, or sale
of explosives under this chapter or any other chapter of the
Revised Code of Washington.
(2) The department of labor and industries shall revoke
the license of any person adjudged to be mentally ill or
insane, or to be incompetent due to any mental disability or
disease. The director shall not renew the license until the person has been restored to competency.
(3) The department of labor and industries is authorized
to suspend, for a period of time not to exceed six months, the
license of any person who has violated this chapter or the
rules promulgated pursuant to this chapter.
(4) The department of labor and industries may revoke
the license of any person who has repeatedly violated this
chapter or the rules promulgated pursuant to this chapter, or
who has twice had his or her license suspended under this
chapter.
(5) The department of labor and industries shall immediately suspend the license or certificate of a person who has
been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in
compliance with a support order or a *residential or visitation
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the department of labor and industries' receipt of a release issued by the
department of social and health services stating that the licensee is in compliance with the order.
(6) Upon receipt of notification by the department of
labor and industries of revocation or suspension, a licensee
must surrender immediately to the department any or all such
licenses revoked or suspended. [1997 c 58 § 872; 1988 c 198
§ 4.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
70.74.380
70.74.380 Licenses—Expiration—Extension of storage licenses. With the exception of storage licenses for permanent facilities, every license issued under the authority of
this chapter shall expire after one year from the date issued
unless suspended or revoked. The director of labor and industries may extend the duration of storage licenses for permanent facilities to two years provided the location, distances,
and use of the facilities remain unchanged. The fee for the
two-year storage license shall be twice the annual fee. [1988
c 198 § 9.]
(2004 Ed.)
Fire Fighting Equipment—Standardization
70.74.390
70.74.390 Implementation of chapter and rules pursuant to chapter 49.17 RCW. Unless specifically provided
otherwise by statute, this chapter and the rules adopted thereunder shall be implemented and enforced, including penalties, violations, citations, appeals, and other administrative
procedures, pursuant to the Washington industrial safety and
health act, chapter 49.17 RCW. [1988 c 198 § 11.]
70.74.400
70.74.400 Seizure and forfeiture. (1) Explosives,
improvised devices, and components of explosives and
improvised devices that are possessed, manufactured, delivered, imported, exported, stored, sold, purchased, transported, abandoned, detonated, or used, or intended to be used,
in violation of a provision of this chapter are subject to seizure and forfeiture by a law enforcement agency and no property right exists in them.
(2) The law enforcement agency making the seizure shall
notify the Washington state department of labor and industries of the seizure.
(3) Seizure of explosives, improvised devices, and components of explosives and improvised devices under subsection (1) of this section may be made if:
(a) The seizure is incident to arrest or a search under a
search warrant;
(b) The explosives, improvised devices, or components
have been the subject of a prior judgment in favor of the state
in an injunction or forfeiture proceeding based upon this
chapter;
(c) A law enforcement officer has probable cause to
believe that the explosives, improvised devices, or components are directly or indirectly dangerous to health or safety;
or
(d) The law enforcement officer has probable cause to
believe that the explosives, improvised devices, or components were used or were intended to be used in violation of
this chapter.
(4) A law enforcement agency shall destroy explosives
seized under this chapter when it is necessary to protect the
public safety and welfare. When destruction is not necessary
to protect the public safety and welfare, and the explosives
are not being held for evidence, a seizure pursuant to this section commences proceedings for forfeiture.
(5) The law enforcement agency under whose authority
the seizure was made shall issue a written notice of the seizure and commencement of the forfeiture proceedings to the
person from whom the explosives were seized, to any known
owner of the explosives, and to any person who has a known
interest in the explosives. The notice shall be issued within
fifteen days of the seizure. The notice of seizure and commencement of the forfeiture proceedings shall be served in
the same manner as provided in RCW 4.28.080 for service of
a summons. The law enforcement agency shall provide a
form by which the person or persons may request a hearing
before the law enforcement agency to contest the seizure.
(6) If no person notifies the seizing law enforcement
agency in writing of the person's claim of ownership or right
to possession of the explosives, improvised devices, or components within thirty days of the date the notice was issued,
the seized explosives, devices, or components shall be
deemed forfeited.
(2004 Ed.)
70.75.010
(7) If, within thirty days of the issuance of the notice, any
person notifies the seizing law enforcement agency in writing
of the person's claim of ownership or right to possession of
items seized, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement or the officer's
designee of the seizing agency, except that the person asserting the claim or right may remove the matter to a court of
competent jurisdiction if the aggregate value of the items
seized is more than five hundred dollars. The hearing and any
appeal shall be conducted according to chapter 34.05 RCW.
The seizing law enforcement agency shall bear the burden of
proving that the person (a) has no lawful right of ownership
or possession and (b) that the items seized were possessed,
manufactured, stored, sold, purchased, transported, abandoned, detonated, or used in violation of a provision of this
chapter with the person's knowledge or consent.
(8) The seizing law enforcement agency shall promptly
return the items seized to the claimant upon a determination
that the claimant is entitled to possession of the items seized.
(9) If the items seized are forfeited under this statute, the
seizing agency shall dispose of the explosives by summary
destruction. However, when explosives are destroyed either
to protect public safety or because the explosives were forfeited, the person from whom the explosives were seized
loses all rights of action against the law enforcement agency
or its employees acting within the scope of their employment,
or other governmental entity or employee involved with the
seizure and destruction of explosives.
(10) This section is not intended to change the seizure
and forfeiture powers, enforcement, and penalties available
to the department of labor and industries pursuant to chapter
49.17 RCW as provided in RCW 70.74.390. [2002 c 370 § 3;
1993 c 293 § 8.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—1993 c 293: See note following RCW 70.74.010.
70.74.410
70.74.410 Reporting theft or loss of explosives. A person who knows of a theft or loss of explosives for which that
person is responsible under this chapter shall report the theft
or loss to the local law enforcement agency within twentyfour hours of discovery of the theft or loss. The local law
enforcement agency shall immediately report the theft or loss
to the department of labor and industries. [1993 c 293 § 9.]
Severability—1993 c 293: See note following RCW 70.74.010.
Chapter 70.75
Chapter 70.75 RCW
FIRE FIGHTING EQUIPMENT—
STANDARDIZATION
Sections
70.75.010
70.75.020
70.75.030
70.75.040
70.75.900
Standard thread specified—Exceptions.
Duties of chief of the Washington state patrol.
Duties of chief of the Washington state patrol—Notification of
industrial establishments and property owners having equipment.
Sale of nonstandard equipment as misdemeanor—Exceptions.
Severability—1967 c 152.
70.75.010
70.75.010 Standard thread specified—Exceptions.
All equipment for fire protection purposes, other than for forest fire fighting, purchased by state and municipal authorities,
[Title 70 RCW—page 125]
70.75.020
Title 70 RCW: Public Health and Safety
or any other authorities having charge of public property,
shall be equipped with the standard threads designated as the
national standard thread as adopted by the American Insurance Association and defined in its pamphlet No. 194, dated
1963: PROVIDED, That this section shall not apply to
steamer connections on fire hydrants. [1967 c 152 § 1.]
70.75.900 Severability—1967 c 152. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1967 c 152 § 5.]
70.75.900
Chapter 70.77
70.75.020
70.75.020 Duties of chief of the Washington state
patrol. The standardization of existing fire protection equipment in this state shall be arranged for and carried out by or
under the direction of the chief of the Washington state
patrol, through the director of fire protection. He or she shall
provide the appliances necessary for carrying on this work,
shall proceed with such standardization as rapidly as possible, and shall require the completion of such work within a
period of five years from June 8, 1967: PROVIDED, That
the chief of the Washington state patrol, through the director
of fire protection, may exempt special purpose fire equipment
and existing fire protection equipment from standardization
when it is established that such equipment is not essential to
the coordination of public fire protection operations. [1995 c
369 § 41; 1986 c 266 § 96; 1967 c 152 § 2.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
State fire protection: Chapter 48.48 RCW.
70.75.030
70.75.030 Duties of chief of the Washington state
patrol—Notification of industrial establishments and
property owners having equipment. The chief of the
Washington state patrol, through the director of fire protection, shall notify industrial establishments and property owners having equipment, which may be necessary for fire
department use in protecting the property or putting out fire,
of any changes necessary to bring their equipment up to the
requirements of the standard established by RCW 70.75.020,
and shall render such assistance as may be available for converting substandard equipment to meet standard specifications and requirements. [1995 c 369 § 42; 1986 c 266 § 97;
1967 c 152 § 3.]
Sections
70.77.111
70.77.120
70.77.124
70.77.126
70.77.131
70.77.136
70.77.138
70.77.141
70.77.146
70.77.160
70.77.165
70.77.170
70.77.175
70.77.177
70.77.180
70.77.182
70.77.190
70.77.200
70.77.205
70.77.210
70.77.215
70.77.230
70.77.236
70.77.241
70.77.250
70.77.252
70.77.255
70.77.260
70.77.265
70.77.270
70.77.280
70.77.285
70.77.290
70.77.295
70.77.305
70.77.311
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.75.040
70.75.040 Sale of nonstandard equipment as misdemeanor—Exceptions. Any person who, without approval of
the chief of the Washington state patrol, through the director
of fire protection, sells or offers for sale in Washington any
fire hose, fire engine or other equipment for fire protection
purposes which is fitted or equipped with other than the standard thread is guilty of a misdemeanor: PROVIDED, That
fire equipment for special purposes, research, programs, forest fire fighting, or special features of fire protection equipment found appropriate for uniformity within a particular
protection area may be specifically exempted from this
requirement by order of the chief of the Washington state
patrol, through the director of fire protection. [1995 c 369 §
43; 1986 c 266 § 98; 1967 c 152 § 4.]
70.77.315
70.77.320
70.77.325
70.77.330
70.77.335
70.77.340
70.77.343
70.77.345
70.77.355
70.77.360
70.77.365
70.77.370
70.77.375
70.77.381
70.77.386
70.77.395
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
[Title 70 RCW—page 126]
Chapter 70.77 RCW
STATE FIREWORKS LAW
70.77.401
Intent.
Definitions—To govern chapter.
Definitions—"City."
Definitions—"Fireworks."
Definitions—"Display fireworks."
Definitions—"Consumer fireworks."
Definitions—"Articles pyrotechnic."
Definitions—"Agricultural and wildlife fireworks."
Definitions—"Special effects."
Definitions—"Public display of fireworks."
Definitions—"Fire nuisance."
Definitions—"License."
Definitions—"Licensee."
Definitions—"Local fire official."
Definitions—"Permit."
Definitions—"Permittee."
Definitions—"Person."
Definitions—"Importer."
Definitions—"Manufacturer."
Definitions—"Wholesaler."
Definitions—"Retailer."
Definitions—"Pyrotechnic operator."
Definitions—"New fireworks item."
Definitions—"Permanent storage"—"Temporary storage."
Chief of the Washington state patrol to enforce and administer—Powers and duties.
Civil penalty—Notice—Remission, mitigation, review.
Acts prohibited without appropriate licenses and permits—
Minimum age for license or permit—Activities permitted
without license or permit.
Application for permit.
Investigation, report on permit application.
Governing body to grant permits—Statewide standards—Liability insurance.
Public display permit—Investigation—Governing body to
grant—Conditions.
Public display permit—Bond or insurance for liability.
Public display permit—Granted for exclusive purpose.
Public display permit—Amount of bond or insurance.
Chief of the Washington state patrol to issue licenses—Registration of in-state agents.
Exemptions from licensing—Purchase of certain agricultural
and wildlife fireworks by government agencies—Purchase
of consumer fireworks by religious or private organizations.
Application for license.
Application for license to be signed.
Annual application for a license—Dates.
License to engage in particular act to be issued if not contrary
to public safety or welfare—Transportation of fireworks
authorized.
License authorizes activities of sellers, authorized representatives, employees.
Annual license fees.
License fees—Additional.
Duration of licenses and retail fireworks sales permits.
General license for public display—Surety bond or insurance—Filing of license certificate with local permit application.
Denial of license for material misrepresentation or if contrary
to public safety or welfare.
Denial of license for failure to meet qualifications or conditions.
Hearing on denial of license.
Revocation of license.
Wholesalers and retailers—Liability insurance requirements.
Retailers—Purchase from licensed wholesalers.
Dates and times consumer fireworks may be sold or discharged—Local governments may limit, prohibit sale or discharge of fireworks.
Sale of certain fireworks prohibited.
(2004 Ed.)
State Fireworks Law
70.77.405
70.77.410
70.77.415
70.77.420
70.77.425
70.77.430
70.77.435
70.77.440
70.77.450
70.77.455
70.77.460
70.77.480
70.77.485
70.77.488
70.77.495
70.77.510
70.77.515
70.77.517
70.77.520
70.77.525
70.77.530
70.77.535
70.77.540
70.77.545
70.77.547
70.77.548
70.77.549
70.77.550
70.77.555
70.77.575
70.77.580
70.77.900
70.77.910
70.77.911
70.77.912
Authorized sales of toy caps, tricks, and novelties.
Public displays not to be hazardous.
Supervision of public displays.
Permanent storage permit required—Application—Investigation—Grant or denial—Conditions.
Approved permanent storage facilities required.
Sale of stock after revocation or expiration of license.
Seizure of fireworks.
Seizure of fireworks—Proceedings for forfeiture—Disposal of
confiscated fireworks.
Examination, inspection of books and premises.
Licensees to maintain and make available complete records—
Exemption from public disclosure act.
Reports, payments deemed made when filed or paid or date
mailed.
Prohibited transfers of fireworks.
Unlawful possession of fireworks—Penalties.
Unlawful discharge or use of fireworks—Penalty.
Forestry permit to set off fireworks in forest, brush, fallow, etc.
Unlawful sales or transfers of display fireworks—Penalty.
Unlawful sales or transfers of consumer fireworks—Penalty.
Unlawful transportation of fireworks—Penalty.
Unlawful to permit fire nuisance where fireworks kept—Penalty.
Manufacture or sale of fireworks for out-of-state shipment.
Nonprohibited acts—Signal purposes, forest protection.
Articles pyrotechnic, special effects for entertainment media.
Penalty.
Violation a separate, continuing offense.
Civil enforcement not precluded.
Attorney general may institute civil proceedings—Venue.
Civil penalty—Costs.
Short title.
Local permit and license fees—Limits.
Chief of the Washington state patrol to provide list of consumer fireworks that may be sold to the public.
Retailers to post list of consumer fireworks.
Effective date—1961 c 228.
Severability—1961 c 228.
Severability—1982 c 230.
Severability—1984 c 249.
State building code: Chapter 19.27 RCW.
70.77.111 Intent. The legislature declares that fireworks, when purchased and used in compliance with the laws
of the state of Washington, are legal. The legislature intends
that this chapter is regulatory only, and not prohibitory.
[1995 c 61 § 1.]
70.77.111
Severability—1995 c 61: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1995 c 61 § 32.]
Effective date—1995 c 61: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 17, 1995]." [1995 c 61 § 33.]
70.77.120 Definitions—To govern chapter. The definitions set forth in this chapter shall govern the construction
of this chapter, unless the context otherwise requires. [1961
c 228 § 1.]
70.77.120
70.77.124 Definitions—"City." "City" means any
incorporated city or town. [1995 c 61 § 2; 1994 c 133 § 2.]
70.77.124
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
70.77.141
consumer fireworks or display fireworks. [2002 c 370 § 4;
1995 c 61 § 3; 1984 c 249 § 1; 1982 c 230 § 1.]
Severability—2002 c 370: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 370 § 50.]
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.131
70.77.131 Definitions—"Display fireworks." "Display fireworks" means large fireworks designed primarily to
produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes
containing more than 2 grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the
limits of explosive materials for classification as "consumer
fireworks" and are classified as fireworks UN0333, UN0334,
or UN0335 by the United States department of transportation
at 49 C.F.R. Sec. 172.101 as of June 13, 2002, and including
fused setpieces containing components which exceed 50 mg
of salute powder. [2002 c 370 § 5; 1995 c 61 § 4; 1984 c 249
§ 2; 1982 c 230 § 2.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.136
70.77.136 Definitions—"Consumer fireworks."
"Consumer fireworks" means any small firework device
designed to produce visible effects by combustion and which
must comply with the construction, chemical composition,
and labeling regulations of the United States consumer product safety commission, as set forth in 16 C.F.R. Parts 1500
and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground
devices containing 50 mg or less of explosive materials, and
aerial devices containing 130 mg or less of explosive materials and classified as fireworks UN0336 by the United States
department of transportation at 49 C.F.R. Sec. 172.101 as of
June 13, 2002, and not including fused setpieces containing
components which together exceed 50 mg of salute powder.
[2002 c 370 § 6; 1995 c 61 § 5; 1984 c 249 § 3; 1982 c 230 §
3.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.138
70.77.138 Definitions—"Articles pyrotechnic."
"Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use
which meet the weight limits for consumer fireworks but
which are not labeled as such and which are classified as
UN0431 or UN0432 by the United States department of
transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002.
[2002 c 370 § 7.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.126 Definitions—"Fireworks." "Fireworks"
means any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and which meets the definition of articles pyrotechnic or
70.77.126
(2004 Ed.)
70.77.141
70.77.141 Definitions—"Agricultural and wildlife
fireworks." "Agricultural and wildlife fireworks" includes
fireworks devices distributed to farmers, ranchers, and grow[Title 70 RCW—page 127]
70.77.146
Title 70 RCW: Public Health and Safety
ers through a wildlife management program administered by
the United States department of the interior or an equivalent
state or local governmental agency. [2002 c 370 § 8; 1982 c
230 § 4.]
70.77.175
70.77.175 Definitions—"Licensee." "Licensee"
means any person issued a fireworks license in conformance
with this chapter. [2002 c 370 § 11; 1961 c 228 § 12.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.177
70.77.146
70.77.146 Definitions—"Special effects." "Special
effects" means any combination of chemical elements or
chemical compounds capable of burning independently of the
oxygen of the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an
integral part of a motion picture, radio, television, theatrical,
or opera production, or live entertainment. [1995 c 61 § 8;
1994 c 133 § 1; 1984 c 249 § 4; 1982 c 230 § 5.]
70.77.177 Definitions—"Local fire official." "Local
fire official" means the chief of a local fire department or a
chief fire protection officer or such other person as may be
designated by the governing body of a city or county to act as
a local fire official under this chapter. [1994 c 133 § 3; 1984
c 249 § 6.]
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
70.77.180
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—1994 c 133: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1994 c 133 § 17.]
Effective date—1994 c 133: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 28, 1994]." [1994 c 133 § 18.]
70.77.180 Definitions—"Permit." "Permit" means the
official authorization granted by a city or county for the purpose of establishing and maintaining a place within the jurisdiction of the city or county where fireworks are manufactured, constructed, produced, packaged, stored, sold, or
exchanged and the official authorization granted by a city or
county for a public display of fireworks. [2002 c 370 § 12;
1995 c 61 § 9; 1984 c 249 § 5; 1982 c 230 § 8; 1961 c 228 §
13.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.160
70.77.160 Definitions—"Public display of fireworks." "Public display of fireworks" means an entertainment feature where the public is or could be admitted or
allowed to view the display or discharge of display fireworks.
[2002 c 370 § 9; 1997 c 182 § 1; 1982 c 230 § 6; 1961 c 228
§ 9.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—1997 c 182: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 182 § 26.]
Effective date—1997 c 182: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 23, 1997]." [1997 c 182 § 27.]
70.77.165
70.77.165 Definitions—"Fire nuisance." "Fire nuisance" means anything or any act which increases, or may
cause an increase of, the hazard or menace of fire to a greater
degree than customarily recognized as normal by persons in
the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may
become the cause of any obstruction, delay, or a hindrance to
the prevention or extinguishment of fire. [1961 c 228 § 10.]
70.77.170
70.77.170 Definitions—"License." "License" means a
nontransferable formal authorization which the chief of the
Washington state patrol, through the director of fire protection, is authorized to issue under this chapter to allow a person to engage in the act specifically designated therein.
[2002 c 370 § 10; 1995 c 369 § 44; 1986 c 266 § 99; 1982 c
230 § 7; 1961 c 228 § 11.]
Severability—2002 c 370: See note following RCW 70.77.126.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
[Title 70 RCW—page 128]
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.182
70.77.182 Definitions—"Permittee." "Permittee"
means any person issued a fireworks permit in conformance
with this chapter. [2002 c 370 § 13.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.190
70.77.190 Definitions—"Person." "Person" includes
any individual, firm, partnership, joint venture, association,
concern, corporation, estate, trust, business trust, receiver,
syndicate, or any other group or combination acting as a unit.
[1961 c 228 § 15.]
70.77.200
70.77.200 Definitions—"Importer." "Importer"
includes any person who for any purpose other than personal
use:
(1) Brings fireworks into this state or causes fireworks to
be brought into this state;
(2) Procures the delivery or receives shipments of any
fireworks into this state; or
(3) Buys or contracts to buy fireworks for shipment into
this state. [1995 c 61 § 10; 1961 c 228 § 17.]
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.205
70.77.205 Definitions—"Manufacturer." "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device
but does not include persons who assemble or fabricate sets
or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets or packages containing consumer fireworks items. [2002 c 370 § 14;
1995 c 61 § 11; 1961 c 228 § 18.]
Severability—2002 c 370: See note following RCW 70.77.126.
(2004 Ed.)
State Fireworks Law
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.210
70.77.210 Definitions—"Wholesaler." "Wholesaler"
includes any person who sells fireworks to a retailer or any
other person for resale and any person who sells display fireworks to public display licensees. [2002 c 370 § 15; 1982 c
230 § 9; 1961 c 228 § 19.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.215
70.77.215 Definitions—"Retailer." "Retailer"
includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration
consumer fireworks to a consumer or user. [2002 c 370 § 16;
1982 c 230 § 10; 1961 c 228 § 20.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.230
70.77.230 Definitions—"Pyrotechnic operator."
"Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and
ability for safely setting up and discharging display fireworks. [2002 c 370 § 17; 1982 c 230 § 11; 1961 c 228 § 23.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.236
70.77.236 Definitions—"New fireworks item." (1)
"New fireworks item" means any fireworks initially classified or reclassified as articles pyrotechnic, display fireworks,
or consumer fireworks by the United States department of
transportation after June 13, 2002, and which comply with
the construction, chemical composition, and labeling regulations of the United States consumer products safety commission, 16 C.F.R., Parts 1500 and 1507.
(2) The chief of the Washington state patrol, through the
director of fire protection, shall classify any new fireworks
item in the same manner as the item is classified by the
United States department of transportation and the United
States consumer product safety commission. The chief of the
Washington state patrol, through the director of fire protection, may determine, stating reasonable grounds, that the item
should not be so classified. [2002 c 370 § 18; 1997 c 182 § 4;
1995 c 61 § 6.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.241
70.77.241 Definitions—"Permanent storage"—
"Temporary storage." (1) "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed
under RCW 70.77.420(2) and 70.77.425 and which shall be
in compliance with the requirements of chapter 70.74 RCW.
(2) "Temporary storage" means the storage of consumer
fir ewor ks du rin g th e p er iod s allowed un der R CW
70.77.420(2) and 70.77.425. [2002 c 370 § 34.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.250
70.77.250 Chief of the Washington state patrol to
enforce and administer—Powers and duties. (1) The chief
(2004 Ed.)
70.77.252
of the Washington state patrol, through the director of fire
protection, shall enforce and administer this chapter.
(2) The chief of the Washington state patrol, through the
director of fire protection, shall appoint such deputies and
employees as may be necessary and required to carry out the
provisions of this chapter.
(3) The chief of the Washington state patrol, through the
director of fire protection, shall adopt those rules relating to
fireworks as are necessary for the implementation of this
chapter.
(4) The chief of the Washington state patrol, through the
director of fire protection, shall adopt those rules as are necessary to ensure statewide minimum standards for the
enforcement of this chapter. Counties and cities shall comply
with these state rules. Any ordinances adopted by a county or
city that are more restrictive than state law shall have an
effective date no sooner than one year after their adoption.
(5) The chief of the Washington state patrol, through the
director of fire protection, may exercise the necessary police
powers to enforce the criminal provisions of this chapter.
This grant of police powers does not prevent any other state
agency and city, county, or local government agency having
general law enforcement powers from enforcing this chapter
within the jurisdiction of the agency and city, county, or local
government.
(6) The chief of the Washington state patrol, through the
director of fire protection, shall adopt rules necessary to
enforce the civil penalty provisions for the violations of this
chapter. A civil penalty under this subsection may not exceed
one thousand dollars per day for each violation and is subject
to the procedural requirements under RCW 70.77.252.
(7) The chief of the Washington state patrol, through the
director of fire protection, may investigate or cause to be
investigated all fires resulting, or suspected of resulting, from
the use of fireworks. [2002 c 370 § 19; 1997 c 182 § 5. Prior:
1995 c 369 § 45; 1995 c 61 § 12; 1986 c 266 § 100; 1984 c
249 § 7; 1982 c 230 § 12; 1961 c 228 § 27.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.252 Civil penalty—Notice—Remission, mitigation, review. (1) The penalty provided for in RCW
70.77.250(6) shall be imposed by a notice in writing to the
person against whom the civil fine is assessed and shall
describe the violation with reasonable particularity. The
notice shall be personally served in the manner of service of
a summons in a civil action or in a manner which shows proof
of receipt. Any penalty imposed by RCW 70.77.250(6) shall
become due and payable twenty-eight days after receipt of
notice unless application for remission or mitigation is made
as provided in subsection (2) of this section or unless application for an adjudicative proceeding is filed as provided in
subsection (3) of this section.
(2) Within fourteen days after the notice is received, the
person incurring the penalty may apply in writing to the chief
of the Washington state patrol, through the director of fire
70.77.252
[Title 70 RCW—page 129]
70.77.255
Title 70 RCW: Public Health and Safety
protection, for the remission or mitigation of the penalty.
Upon receipt of the application, the chief of the Washington
state patrol, through the director of fire protection, may remit
or mitigate the penalty upon whatever terms the chief of the
Washington state patrol, through the director of fire protection, deems proper, giving consideration to the degree of hazard associated with the violation. The chief of the Washington state patrol, through the director of fire protection, may
only grant a remission or mitigation that it deems to be in the
best interests of carrying out the purposes of this chapter. The
chief of the Washington state patrol, through the director of
fire protection, may ascertain the facts regarding all such
applications in a manner it deems proper. When an application for remission or mitigation is made, any penalty incurred
under RCW 70.77.250(6) becomes due and payable twentyeight days after receipt of the notice setting forth the disposition of the application, unless an application for an adjudicative proceeding to contest the disposition is filed as provided
in subsection (3) of this section.
(3) Within twenty-eight days after notice is received, the
person incurring the penalty may file an application for an
adjudicative proceeding and may pursue subsequent review
as provided in chapter 34.05 RCW and applicable rules of the
chief of the Washington state patrol, through the director of
fire protection.
(4) Any penalty imposed by final order following an
adjudicative proceeding becomes due and payable upon service of the final order.
(5) The attorney general may bring an action in the name
of the chief of the Washington state patrol, through the director of fire protection, in the superior court of Thurston county
or of any county in which the violator may do business to collect any penalty imposed under this chapter.
(6) All penalties imposed under this section shall be paid
to the state treasury and credited to the fire services trust fund
and used as follows: At least fifty percent is for a statewide
public education campaign developed by the chief of the
Washington state patrol, through the director of fire protection, and the licensed fireworks industry emphasizing the safe
and responsible use of legal fireworks; and the remainder is
for statewide efforts to enforce this chapter. [2002 c 370 §
20.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.255
70.77.255 Acts prohibited without appropriate
licenses and permits—Minimum age for license or permit—Activities permitted without license or permit. (1)
Except as otherwise provided in this chapter, no person, without appropriate state licenses and city or county permits as
required by this chapter may:
(a) Manufacture, import, possess, or sell any fireworks at
wholesale or retail for any use;
(b) Make a public display of fireworks;
(c) Transport fireworks, except as a licensee or as a public carrier delivering to a licensee; or
(d) Knowingly manufacture, import, transport, store,
sell, or possess with intent to sell, as fireworks, explosives, as
defined under RCW 70.74.010, that are not fireworks, as
defined under this chapter.
[Title 70 RCW—page 130]
(2) Except as authorized by a license and permit under
subsection (1)(b) of this section or as provided in RCW
70.77.311, no person may discharge display fireworks at any
place.
(3) No person less than eighteen years of age may apply
for or receive a license or permit under this chapter.
(4) No license or permit is required for the possession or
use of consumer fireworks lawfully purchased at retail.
[2002 c 370 § 21; 1997 c 182 § 6; 1995 c 61 § 13; 1994 c 133
§ 4; 1984 c 249 § 10; 1982 c 230 § 14; 1961 c 228 § 28.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
70.77.260
70.77.260 Application for permit. (1) Any person
desiring to do any act mentioned in RCW 70.77.255(1) (a) or
(c) shall apply in writing to a local fire official for a permit.
(2) Any person desiring to put on a public display of fireworks under RCW 70.77.255(1)(b) shall apply in writing to a
local fire official for a permit. Application shall be made at
least ten days in advance of the proposed display. [1984 c
249 § 11; 1982 c 230 § 15; 1961 c 228 § 29.]
General license holders to file license certificate with application for permit
for public display of fireworks: RCW 70.77.355.
70.77.265
70.77.265 Investigation, report on permit application. The local fire official receiving an application for a permit under RCW 70.77.260(1) shall investigate the application
and submit a report of findings and a recommendation for or
against the issuance of the permit, together with reasons, to
the governing body of the city or county. [1994 c 133 § 5;
1984 c 249 § 12; 1961 c 228 § 30.]
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
70.77.270
70.77.270 Governing body to grant permits—Statewide standards—Liability insurance. (1) The governing
body of a city or county, or a designee, shall grant an application for a permit under RCW 70.77.260(1) if the application
meets the standards under this chapter, and the applicable
ordinances of the city or county. The permit shall be granted
by June 10, or no less than thirty days after receipt of an
application whichever date occurs first, for sales commencing on June 28 and on December 27; or by December 10, or
no less than thirty days after receipt of an application whichever date occurs first, for sales commencing only on December 27.
(2) The chief of the Washington state patrol, through the
director of fire protection, shall prescribe uniform, statewide
standards for retail fireworks stands including, but not limited
to, the location of the stands, setback requirements and siting
of the stands, types of buildings and construction material
that may be used for the stands, use of the stands and areas
around the stands, cleanup of the area around the stands,
transportation of fireworks to and from the stands, and temporary storage of fireworks associated with the retail fire(2004 Ed.)
State Fireworks Law
works stands. All cities and counties which allow retail fireworks sales shall comply with these standards.
(3) No retail fireworks permit may be issued to any
applicant unless the retail fireworks stand is covered by a liability insurance policy with coverage of not less than fifty
thousand dollars and five hundred thousand dollars for bodily
injury liability for each person and occurrence, respectively,
and not less than fifty thousand dollars for property damage
liability for each occurrence, unless such insurance is not
readily available from at least three approved insurance companies. If insurance in this amount is not offered, each fireworks permit shall be covered by a liability insurance policy
in the maximum amount offered by at least three different
approved insurance companies.
No wholesaler may knowingly sell or supply fireworks
to any retail fireworks licensee unless the wholesaler determines that the retail fireworks licensee is covered by liability
insurance in the same, or greater, amount as provided in this
subsection. [2002 c 370 § 22; 1997 c 182 § 8; 1995 c 61 § 14;
1994 c 133 § 6; 1984 c 249 § 13; 1961 c 228 § 31.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
70.77.280
70.77.280 Public display permit—Investigation—
Governing body to grant—Conditions. The local fire official receiving an application for a permit under RCW
70.77.260(2) for a public display of fireworks shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any
person. Based on the investigation, the official shall submit a
report of findings and a recommendation for or against the
issuance of the permit, together with reasons, to the governing body of the city or county. The governing body shall
grant the application if it meets the requirements of this chapter and the ordinance of the city or county. [1995 c 61 § 15;
1994 c 133 § 7; 1984 c 249 § 14; 1961 c 228 § 33.]
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.311
respond in damages. The local fire official receiving the
application shall approve the bond or insurance if it meets the
requirements of this section. [1995 c 61 § 16; 1984 c 249 §
15; 1982 c 230 § 16; 1961 c 228 § 34.]
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.290
70.77.290 Public display permit—Granted for exclusive purpose. If a permit under RCW 70.77.260(2) for the
public display of fireworks is granted, the sale, possession
and use of fireworks for the public display is lawful for that
purpose only. [1997 c 182 § 9; 1984 c 249 § 16; 1961 c 228
§ 35.]
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
70.77.295
70.77.295 Public display permit—Amount of bond or
insurance. In the case of an application for a permit under
RCW 70.77.260(2) for the public display of fireworks, the
amount of the surety bond or certificate of insurance required
under RCW 70.77.285 shall be not less than fifty thousand
dollars and one million dollars for bodily injury liability for
each person and event, respectively, and not less than twentyfive thousand dollars for property damage liability for each
event. [1984 c 249 § 17; 1982 c 230 § 17; 1961 c 228 § 36.]
70.77.305
70.77.305 Chief of the Washington state patrol to
issue licenses—Registration of in-state agents. The chief
of the Washington state patrol, through the director of fire
protection, has the power to issue licenses for the manufacture, importation, sale, and use of all fireworks in this state,
except as provided in RCW 70.77.311 and 70.77.395. A person may be licensed as a manufacturer, importer, or wholesaler under this chapter only if the person has a designated
agent in this state who is registered with the chief of the
Washington state patrol, through the director of fire protection. [2002 c 370 § 23; 1995 c 369 § 46; 1986 c 266 § 101;
1984 c 249 § 18; 1982 c 230 § 18; 1961 c 228 § 38.]
Severability—2002 c 370: See note following RCW 70.77.126.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.311
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
70.77.285
70.77.285 Public display permit—Bond or insurance
for liability. Except as provided in RCW 70.77.355, the
applicant for a permit under RCW 70.77.260(2) for a public
display of fireworks shall include with the application evidence of a bond issued by an authorized surety company. The
bond shall be in the amount required by RCW 70.77.295 and
shall be conditioned upon the applicant's payment of all damages to persons or property resulting from or caused by such
public display of fireworks, or any negligence on the part of
the applicant or its agents, servants, employees, or subcontractors in the presentation of the display. Instead of a bond,
the applicant may include a certificate of insurance evidencing the carrying of appropriate liability insurance in the
amount required by RCW 70.77.295 for the benefit of the
person named therein as assured, as evidence of ability to
(2004 Ed.)
70.77.311 Exemptions from licensing—Purchase of
certain agricultural and wildlife fireworks by government agencies—Purchase of consumer fireworks by religious or private organizations. (1) No license is required
for the purchase of agricultural and wildlife fireworks by
government agencies if:
(a) The agricultural and wildlife fireworks are used for
wildlife control or are distributed to farmers, ranchers, or
growers through a wildlife management program administered by the United States department of the interior or an
equivalent state or local governmental agency;
(b) The distribution is in response to a written application describing the wildlife management problem that
requires use of the devices;
(c) It is of no greater quantity than necessary to control
the described problem; and
(d) It is limited to situations where other means of control are unavailable or inadequate.
[Title 70 RCW—page 131]
70.77.315
Title 70 RCW: Public Health and Safety
(2) No license is required for religious organizations or
private organizations or persons to purchase or use consumer
fireworks and such audible ground devices as firecrackers,
salutes, and chasers if:
(a) Purchased from a licensed manufacturer, importer, or
wholesaler;
(b) For use on prescribed dates and locations;
(c) For religious or specific purposes; and
(d) A permit is obtained from the local fire official. No
fee may be charged for this permit. [2002 c 370 § 24; 1995 c
61 § 17; 1984 c 249 § 19; 1982 c 230 § 19.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.315
70.77.315 Application for license. Any person who
desires to engage in the manufacture, importation, sale, or use
of fireworks, except use as provided in RCW 70.77.255(4),
70.77.311, and 70.77.395, shall make a written application to
the chief of the Washington state patrol, through the director
of fire protection, on forms provided by him or her. Such
application shall be accompanied by the annual license fee as
prescribed in this chapter. [2002 c 370 § 25; 1997 c 182 § 10.
Prior: 1995 c 369 § 47; 1995 c 61 § 18; 1986 c 266 § 102;
1982 c 230 § 20; 1961 c 228 § 40.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.320
70.77.320 Application for license to be signed. The
application for a license shall be signed by the applicant. If
application is made by a partnership, it shall be signed by
each partner of the partnership, and if application is made by
a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation. [1961 c 228 § 41.]
70.77.325
70.77.325 Annual application for a license—Dates.
(1) An application for a license shall be made annually by
every person holding an existing license who wishes to continue the activity requiring the license during an additional
year. The application shall be accompanied by the annual
license fees as prescribed in RCW 70.77.343 and 70.77.340.
(2) A person applying for an annual license as a retailer
under this chapter shall file an application no later than May
1 for annual sales commencing on June 28 and on December
27, or no later than November 1 for sales commencing only
on December 27. The chief of the Washington state patrol,
through the director of fire protection, shall grant or deny the
license within fifteen days of receipt of the application.
(3) A person applying for an annual license as a manufacturer, importer, or wholesaler under this chapter shall file
an application by January 31 of the current year. The chief of
the Washington state patrol, through the director of fire protection, shall grant or deny the license within ninety days of
receipt of the application. [1997 c 182 § 11; 1994 c 133 § 8;
[Title 70 RCW—page 132]
1991 c 135 § 4; 1986 c 266 § 103; 1984 c 249 § 20; 1982 c
230 § 21; 1961 c 228 § 42.]
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
Intent—Effective date—Severability—1991 c 135: See notes following RCW 43.43.946.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.330
70.77.330 License to engage in particular act to be
issued if not contrary to public safety or welfare—Transportation of fireworks authorized. If the chief of the
Washington state patrol, through the director of fire protection, finds that the granting of such license is not contrary to
public safety or welfare, he or she shall issue a license authorizing the applicant to engage in the particular act or acts
upon the payment of the license fee specified in this chapter.
Licensees may transport the class of fireworks for which they
hold a valid license. [2002 c 370 § 26; 1995 c 369 § 48; 1986
c 266 § 104; 1982 c 230 § 22; 1961 c 228 § 43.]
Severability—2002 c 370: See note following RCW 70.77.126.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.335
70.77.335 License authorizes activities of sellers,
authorized representatives, employees. The authorization
to engage in the particular act or acts conferred by a license to
a person shall extend to sellers, authorized representatives,
and other employees of such person. [2002 c 370 § 27; 1982
c 230 § 23; 1961 c 228 § 44.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.340
70.77.340 Annual license fees. The original and annual
license fee shall be as follows:
Manufacturer . . . . . . . . . . . . . . . . . . . . $
Importer . . . . . . . . . . . . . . . . . . . . . . . . .
Wholesaler . . . . . . . . . . . . . . . . . . . . . . .
Retailer (for each separate retail
outlet) . . . . . . . . . . . . . . . . . . . . . . . . .
Public display for display fireworks . . .
Pyrotechnic operator for display
fireworks . . . . . . . . . . . . . . . . . . . . . . .
500.00
100.00
1,000.00
10.00
10.00
5.00
[2002 c 370 § 28; 1982 c 230 § 24; 1961 c 228 § 45.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.343
70.77.343 License fees—Additional. (1) License fees,
in addition to the fees in RCW 70.77.340, shall be charged as
follows:
Manufacturer . . . . . . . . . . . . . . . . . . . . $
Importer . . . . . . . . . . . . . . . . . . . . . . . . .
Wholesaler . . . . . . . . . . . . . . . . . . . . . . .
Retailer (for each separate outlet) . . . . .
Public display for display fireworks . . .
1,500.00
900.00
1,000.00
30.00
40.00
(2004 Ed.)
State Fireworks Law
Pyrotechnic operator for display
fireworks . . . . . . . . . . . . . . . . . . . . . . .
5.00
(2) All receipts from the license fees in this section shall
be placed in the fire services trust fund and at least seventyfive percent of these receipts shall be used to fund a statewide
public education campaign developed by the chief of the
Washington state patrol and the licensed fireworks industry
emphasizing the safe and responsible use of legal fireworks
and the remaining receipts shall be used to fund statewide
enforcement efforts against the sale and use of fireworks that
are illegal under this chapter. [2002 c 370 § 29; 1997 c 182 §
12; 1995 c 61 § 19; 1991 c 135 § 6.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Intent—Effective date—Severability—1991 c 135: See notes following RCW 43.43.946.
70.77.345
70.77.345 Duration of licenses and retail fireworks
sales permits. Every license and every retail fireworks sales
permit issued shall be for the period from January 1st of the
year for which the application is made through January 31st
of the subsequent year, or the remaining portion thereof.
[1997 c 182 § 13; 1995 c 61 § 20; 1991 c 135 § 5; 1982 c 230
§ 25; 1961 c 228 § 46.]
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Intent—Effective date—Severability—1991 c 135: See notes following RCW 43.43.946.
70.77.355
70.77.355 General license for public display—Surety
bond or insurance—Filing of license certificate with local
permit application. (1) Any adult person may secure a general license from the chief of the Washington state patrol,
through the director of fire protection, for the public display
of fireworks within the state of Washington. A general
license is subject to the provisions of this chapter relative to
the securing of local permits for the public display of fireworks in any city or county, except that in lieu of filing the
bond or certificate of public liability insurance with the
appropriate local official under RCW 70.77.260 as required
in RCW 70.77.285, the same bond or certificate shall be filed
with the chief of the Washington state patrol, through the
director of fire protection. The bond or certificate of insurance for a general license in addition shall provide that: (a)
The insurer will not cancel the insured's coverage without fifteen days prior written notice to the chief of the Washington
state patrol, through the director of fire protection; (b) the
duly licensed pyrotechnic operator required by law to supervise and discharge the public display, acting either as an
employee of the insured or as an independent contractor and
the state of Washington, its officers, agents, employees, and
servants are included as additional insureds, but only insofar
as any operations under contract are concerned; and (c) the
state is not responsible for any premium or assessments on
the policy.
(2004 Ed.)
70.77.375
(2) The chief of the Washington state patrol, through the
director of fire protection, may issue such general licenses.
The holder of a general license shall file a certificate from the
chief of the Washington state patrol, through the director of
fire protection, evidencing the license with any application
for a local permit for the public display of fireworks under
RCW 70.77.260. [1997 c 182 § 14; 1994 c 133 § 9; 1986 c
266 § 105; 1984 c 249 § 21; 1982 c 230 § 26; 1961 c 228 §
48.]
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.360
70.77.360 Denial of license for material misrepresentation or if contrary to public safety or welfare. If the
chief of the Washington state patrol, through the director of
fire protection, finds that an application for any license under
this chapter contains a material misrepresentation or that the
granting of any license would be contrary to the public safety
or welfare, the chief of the Washington state patrol, through
the director of fire protection, may deny the application for
the license. [1995 c 369 § 49; 1986 c 266 § 106; 1984 c 249
§ 22; 1982 c 230 § 27; 1961 c 228 § 49.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.365
70.77.365 Denial of license for failure to meet qualifications or conditions. A written report by the chief of the
Washington state patrol, through the director of fire protection, or a local fire official, or any of their authorized representatives, disclosing that the applicant for a license, or the
premises for which a license is to apply, do not meet the qualifications or conditions for a license constitutes grounds for
the denial by the chief of the Washington state patrol, through
the director of fire protection, of any application for a license.
[1995 c 369 § 50; 1986 c 266 § 107; 1984 c 249 § 23; 1982 c
230 § 28; 1961 c 228 § 50.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.370
70.77.370 Hearing on denial of license. Any applicant
who has been denied a license for reasons other than making
application after the date set forth in RCW 70.77.325 is entitled to a hearing in accordance with the provisions of chapter
34.05 RCW, the Administrative Procedure Act. [1994 c 133
§ 10; 1989 c 175 § 129; 1982 c 230 § 29; 1961 c 228 § 51.]
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
Effective date—1989 c 175: See note following RCW 34.05.010.
70.77.375
70.77.375 Revocation of license. The chief of the
Washington state patrol, through the director of fire protection, upon reasonable opportunity to be heard, may revoke
any license issued pursuant to this chapter, if he or she finds
that:
(1) The licensee has violated any provisions of this chapter or any rule made by the chief of the Washington state
[Title 70 RCW—page 133]
70.77.381
Title 70 RCW: Public Health and Safety
patrol, through the director of fire protection, under and with
the authority of this chapter;
(2) The licensee has created or caused a fire nuisance;
(3) Any licensee has failed or refused to file any required
reports; or
(4) Any fact or condition exists which, if it had existed at
the time of the original application for such license, reasonably would have warranted the chief of the Washington state
patrol, through the director of fire protection, in refusing
originally to issue such license. [1997 c 182 § 16; 1995 c 369
§ 51; 1995 c 61 § 21; 1986 c 266 § 108; 1982 c 230 § 30; 1961
c 228 § 52.]
Reviser's note: RCW 70.77.375 was amended twice during the 1995
legislative session, each without reference to the other. This section was subsequently amended by 1997 c 182 § 16, combining the text of the 1995
amendments, but not reenacting those sections. Any subsequent amendments
to this section should include the 1997 and both 1995 histories in a reenactment.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.381 Wholesalers and retailers—Liability
insurance requirements. (1) Every wholesaler shall carry
liability insurance for each wholesale and retail fireworks
outlet it operates in the amount of not less than fifty thousand
dollars and five hundred thousand dollars for bodily injury
liability for each person and occurrence, respectively, and not
less than fifty thousand dollars for property damage liability
for each occurrence, unless such insurance is not available
from at least three approved insurance companies. If insurance in this amount is not offered, each wholesale and retail
outlet shall be covered by a liability insurance policy in the
maximum amount offered by at least three different approved
insurance companies.
(2) No wholesaler may knowingly sell or supply fireworks to any retail licensee unless the wholesaler determines
that the retail licensee carries liability insurance in the same,
or greater, amount as provided in subsection (1) of this section. [2002 c 370 § 30; 1995 c 61 § 27.]
70.77.381
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.386 Retailers—Purchase from licensed wholesalers. Retail fireworks licensees shall purchase all fireworks from wholesalers possessing a valid wholesale license
issued by the state of Washington. [1995 c 61 § 28.]
70.77.386
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.395 Dates and times consumer fireworks may
be sold or discharged—Local governments may limit,
prohibit sale or discharge of fireworks. (1) It is legal to sell
and purchase consumer fireworks within this state from
twelve o'clock noon to eleven o'clock p.m. on the twentyeighth of June, from nine o'clock a.m. to eleven o'clock p.m.
on each day from the twenty-ninth of June through the fourth
of July, from nine o'clock a.m. to nine o'clock p.m. on the
70.77.395
[Title 70 RCW—page 134]
fifth of July, from twelve o'clock noon to eleven o'clock p.m.
on each day from the twenty-seventh of December through
the thirty-first of December of each year, and as provided in
RCW 70.77.311.
(2) Consumer fireworks may be used or discharged each
day between the hours of twelve o'clock noon and eleven
o'clock p.m. on the twenty-eighth of June and between the
hours of nine o'clock a.m. and eleven o'clock p.m. on the
twenty-ninth of June to the third of July, and on July 4th
between the hours of nine o'clock a.m. and twelve o'clock
midnight, and between the hours of nine o'clock a.m. and
eleven o'clock p.m. on July 5th, and from six o'clock p.m. on
December 31st until one o'clock a.m. on January 1st of the
subsequent year, and as provided in RCW 70.77.311.
(3) A city or county may enact an ordinance within sixty
days of June 13, 2002, to limit or prohibit the sale, purchase,
possession, or use of consumer fireworks on December 27,
2002, through December 31, 2002, and thereafter as provided
in RCW 70.77.250(4). [2002 c 370 § 31; 1995 c 61 § 22;
1984 c 249 § 24; 1982 c 230 § 31; 1961 c 228 § 56.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.401
70.77.401 Sale of certain fireworks prohibited. No
fireworks may be sold or offered for sale to the public as consumer fireworks which are classified as sky rockets, or missile-type rockets, firecrackers, salutes, or chasers as defined
by the United States department of transportation and the federal consumer products safety commission except as provided in RCW 70.77.311. [2002 c 370 § 32; 1995 c 61 § 7.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.405
70.77.405 Authorized sales of toy caps, tricks, and
novelties. Toy paper caps containing not more than twentyfive hundredths grain of explosive compound for each cap
and trick or novelty devices not classified as consumer fireworks may be sold at all times unless prohibited by local
ordinance. [2002 c 370 § 33; 1982 c 230 § 32; 1961 c 228 §
58.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.410
70.77.410 Public displays not to be hazardous. All
public displays of fireworks shall be of such a character and
so located, discharged, or fired as not to be hazardous or dangerous to persons or property. [1961 c 228 § 59.]
70.77.415
70.77.415 Supervision of public displays. Every public display of fireworks shall be handled or supervised by a
pyrotechnic operator licensed by the chief of the Washington
state patrol, through the director of fire protection, under
RCW 70.77.255. [1995 c 369 § 52; 1986 c 266 § 109; 1984
c 249 § 25; 1982 c 230 § 33; 1961 c 228 § 60.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.420
70.77.420 Permanent storage permit required—
Application—Investigation—Grant or denial—Condi(2004 Ed.)
State Fireworks Law
tions. (1) It is unlawful for any person to store permanently
fireworks of any class without a permit for such permanent
storage from the city or county in which the storage is to be
made. A person proposing to store permanently fireworks
shall apply in writing to a city or county at least ten days prior
to the date of the proposed permanent storage. The city or
county receiving the application for a permanent storage permit shall investigate whether the character and location of the
permanent storage as proposed meets the requirements of the
zoning, building, and fire codes or constitutes a hazard to
property or is dangerous to any person. Based on the investigation, the city or county may grant or deny the application.
The city or county may place reasonable conditions on any
permit granted.
(2) For the purposes of this section the temporary storing
or keeping of consumer fireworks when in conjunction with a
valid retail sales license and permit shall comply with RCW
7 0 . 7 7 . 4 2 5 a n d t h e s t a n d a r d s a d o p t e d u n d e r RC W
70.77.270(2) and not this section. [2002 c 370 § 35; 1997 c
182 § 18; 1984 c 249 § 26; 1982 c 230 § 34; 1961 c 228 § 61.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
70.77.425
70.77.425 Approved permanent storage facilities
required. It is unlawful for any person to store permanently
stocks of fireworks remaining unsold after the lawful period
of sale as provided in the person's permit except in such
places of permanent storage as the city or county issuing the
permit approves. Unsold stocks of consumer fireworks
remaining after the authorized retail sales period from nine
o'clock a.m. on June 28th to twelve o'clock noon on July 5th
shall be returned on or before July 31st of the same year, or
remaining after the authorized retail sales period from twelve
o'clock noon on December 27th to eleven o'clock p.m. on
December 31st shall be returned on or before January 10th of
the subsequent year, to the approved permanent storage facilities of a licensed fireworks wholesaler or to a magazine or
permanent storage place approved by a local fire official.
[2002 c 370 § 36; 1984 c 249 § 27; 1982 c 230 § 35; 1961 c
228 § 62.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.430
70.77.430 Sale of stock after revocation or expiration
of license. Notwithstanding RCW 70.77.255, following the
revocation or expiration of a license, a licensee in lawful possession of a lawfully acquired stock of fireworks may sell
such fireworks, but only under supervision of the chief of the
Washington state patrol, through the director of fire protection. Any sale under this section shall be solely to persons
who are authorized to buy, possess, sell, or use such fireworks. [1995 c 369 § 53; 1986 c 266 § 110; 1984 c 249 § 28;
1982 c 230 § 36; 1961 c 228 § 63.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.435
70.77.435 Seizure of fireworks. Any fireworks which
are illegally sold, offered for sale, used, discharged, possessed, or transported in violation of the provisions of this
chapter or the rules or regulations of the chief of the Wash(2004 Ed.)
70.77.440
ington state patrol, through the director of fire protection, are
subject to seizure by the chief of the Washington state patrol,
through the director of fire protection, or his or her deputy, or
by state agencies or local governments having general law
enforcement authority. [2002 c 370 § 37; 1997 c 182 § 20;
1995 c 61 § 23; 1994 c 133 § 11; 1986 c 266 § 111; 1982 c
230 § 37; 1961 c 228 § 64.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.440
70.77.440 Seizure of fireworks—Proceedings for forfeiture—Disposal of confiscated fireworks. (1) In the
event of seizure under RCW 70.77.435, proceedings for forfeiture shall be deemed commenced by the seizure. The chief
of the Washington state patrol or a designee, through the
director of fire protection or the agency conducting the seizure, under whose authority the seizure was made shall cause
notice to be served within fifteen days following the seizure
on the owner of the fireworks seized and the person in charge
thereof and any person having any known right or interest
therein, of the seizure and intended forfeiture of the seized
property. The notice may be served by any method authorized by law or court rule including but not limited to service
by certified mail with return receipt requested. Service by
mail shall be deemed complete upon mailing within the fifteen-day period following the seizure.
(2) If no person notifies the chief of the Washington state
patrol, through the director of fire protection or the agency
conducting the seizure, in writing of the person's claim of
lawful ownership or right to lawful possession of seized fireworks within thirty days of the seizure, the seized fireworks
shall be deemed forfeited.
(3) If any person notifies the chief of the Washington
state patrol, through the director of fire protection or the
agency conducting the seizure, in writing of the person's
claim of lawful ownership or possession of the fireworks
within thirty days of the seizure, the person or persons shall
be afforded a reasonable opportunity to be heard as to the
claim or right. The hearing shall be before an administrative
law judge appointed under chapter 34.12 RCW, except that
any person asserting a claim or right may remove the matter
to a court of competent jurisdiction if the aggregate value of
the seized fireworks is more than five hundred dollars. The
hearing before an administrative law judge and any appeal
therefrom shall be under Title 34 RCW. In a court hearing
between two or more claimants to the article or articles
involved, the prevailing party shall be entitled to a judgment
for costs and reasonable attorneys' fees. The burden of producing evidence shall be upon the person claiming to have
the lawful right to possession of the seized fireworks. The
chief of the Washington state patrol, through the director of
fire protection or the agency conducting the seizure, shall
promptly return the fireworks to the claimant upon a determination by the administrative law judge or court that the claimant is lawfully entitled to possession of the fireworks.
[Title 70 RCW—page 135]
70.77.450
Title 70 RCW: Public Health and Safety
(4) When fireworks are forfeited under this chapter the
chief of the Washington state patrol, through the director of
fire protection or the agency conducting the seizure, may:
(a) Dispose of the fireworks by summary destruction at
any time subsequent to thirty days from such seizure or ten
days from the final termination of proceedings under this section, whichever is later; or
(b) Sell the forfeited fireworks and chemicals used to
make fireworks, that are legal for use and possession under
this chapter, to wholesalers or manufacturers, authorized to
possess and use such fireworks or chemicals under a license
issued by the chief of the Washington state patrol, through
the director of fire protection. Sale shall be by public auction
after publishing a notice of the date, place, and time of the
auction in a newspaper of general circulation in the county in
which the auction is to be held, at least three days before the
date of the auction. The proceeds of the sale of the seized fireworks under this section may be retained by the agency conducting the seizure and used to offset the costs of seizure
and/or storage costs of the seized fireworks. The remaining
proceeds, if any, shall be deposited in the fire services trust
fund and shall be used as follows: At least fifty percent is for
a statewide public education campaign developed by the
chief of the Washington state patrol, through the director of
fire protection, and the licensed fireworks industry emphasizing the safe and responsible use of legal fireworks; and the
remainder is for statewide efforts to enforce this chapter.
[2002 c 370 § 38; 1997 c 182 § 21; 1995 c 61 § 24; 1994 c 133
§ 12; 1986 c 266 § 112; 1984 c 249 § 29; 1961 c 228 § 65.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
Severability—1986 c 266: See note following RCW 38.52.005.
chief of the Washington state patrol, through the director of
fire protection, full and complete records showing all production, imports, exports, purchases, and sales of fireworks items
by class.
(2) All records obtained and all reports produced, as
required by this chapter, are not subject to disclosure through
the public disclosure act under chapter 42.17 RCW. [1997 c
182 § 23. Prior: 1995 c 369 § 54; 1995 c 61 § 25; 1986 c 266
§ 114; 1982 c 230 § 38; 1961 c 228 § 68.]
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.460
70.77.460 Reports, payments deemed made when
filed or paid or date mailed. When reports on fireworks
transactions or the payments of license fees or penalties are
required to be made on or by specified dates, they shall be
deemed to have been made at the time they are filed with or
paid to the chief of the Washington state patrol, through the
director of fire protection, or, if sent by mail, on the date
shown by the United States postmark on the envelope containing the report or payment. [1995 c 369 § 55; 1986 c 266
§ 115; 1961 c 228 § 69.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.480
70.77.480 Prohibited transfers of fireworks. The
transfer of fireworks ownership whether by sale at wholesale
or retail, by gift or other means of conveyance of title, or by
delivery of any fireworks to any person in the state who does
not possess and present to the carrier for inspection at the
time of delivery a valid license, where such license is
required to purchase, possess, transport, or use fireworks, is
prohibited. [1982 c 230 § 39; 1961 c 228 § 73.]
70.77.450
70.77.450 Examination, inspection of books and premises. The chief of the Washington state patrol, through the
director of fire protection, may make an examination of the
books and records of any licensee, or other person relative to
fireworks, and may visit and inspect the premises of any licensee he may deem at any time necessary for the purpose of
enforcing the provisions of this chapter. The licensee, owner,
lessee, manager, or operator of any such building or premises
shall permit the chief of the Washington state patrol, through
the director of fire protection, his or her deputies or salaried
assistants, the local fire official, and their authorized representatives to enter and inspect the premises at the time and for
the purpose stated in this section. [1997 c 182 § 22; 1994 c
133 § 13; 1986 c 266 § 113; 1961 c 228 § 67.]
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
70.77.485
70.77.485 Unlawful possession of fireworks—Penalties. It is unlawful to possess any class or kind of fireworks
in violation of this chapter. A violation of this section is:
(1) A misdemeanor if involving less than one pound of
fireworks, exclusive of external packaging; or
(2) A gross misdemeanor if involving one pound or more
of fireworks, exclusive of external packaging.
For the purposes of this section, "external packaging"
means any materials that are not an integral part of the operative unit of fireworks. [1984 c 249 § 30; 1961 c 228 § 74.]
70.77.488
70.77.488 Unlawful discharge or use of fireworks—
Penalty. It is unlawful for any person to discharge or use
fireworks in a reckless manner which creates a substantial
risk of death or serious physical injury to another person or
damage to the property of another. A violation of this section
is a gross misdemeanor. [1984 c 249 § 37.]
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.495
70.77.455
70.77.455 Licensees to maintain and make available
complete records—Exemption from public disclosure act.
(1) All licensees shall maintain and make available to the
[Title 70 RCW—page 136]
70.77.495 Forestry permit to set off fireworks in forest, brush, fallow, etc. It is unlawful for any person to set off
fireworks of any kind in forest, fallows, grass or brush covered land, either on his own land or the property of another,
(2004 Ed.)
State Fireworks Law
between April 15th and December 1st of any year, unless it is
done under a written permit from the Washington state
department of natural resources or its duly authorized agent,
and in strict accordance with the terms of the permit and any
other applicable law. [2002 c 370 § 39; 1988 c 128 § 11;
1961 c 228 § 76.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.510
70.77.510 Unlawful sales or transfers of display fireworks—Penalty. It is unlawful for any person knowingly to
sell, transfer, or agree to sell or transfer any display fireworks
to any person who is not a fireworks licensee as provided for
by this chapter. A violation of this section is a gross misdemeanor. [2002 c 370 § 40; 1984 c 249 § 31; 1982 c 230 § 40;
1961 c 228 § 79.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.515
70.77.515 Unlawful sales or transfers of consumer
fireworks—Penalty. (1) It is unlawful for any person to
offer for sale, sell, or exchange for consideration, any consumer fireworks to a consumer or user other than at a fixed
place of business of a retailer for which a license and permit
have been issued.
(2) No licensee may sell any fireworks to any person
under the age of sixteen.
(3) A violation of this section is a gross misdemeanor.
[2002 c 370 § 41; 1984 c 249 § 32; 1982 c 230 § 41; 1961 c
228 § 80.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.517
70.77.517 Unlawful transportation of fireworks—
Penalty. It is unlawful for any person, except in the course of
continuous interstate transportation through any state, to
transport fireworks from this state into any other state, or
deliver them for transportation into any other state, or attempt
so to do, knowing that such fireworks are to be delivered,
possessed, stored, transshipped, distributed, sold, or otherwise dealt with in a manner or for a use prohibited by the laws
of such other state specifically prohibiting or regulating the
use of fireworks. A violation of this section is a gross misdemeanor.
This section does not apply to a common or contract carrier or to international or domestic water carriers engaged in
interstate commerce or to the transportation of fireworks into
a state for the use of United States agencies in the carrying
out or the furtherance of their operations.
In the enforcement of this section, the definitions of fireworks contained in the laws of the respective states shall be
applied.
As used in this section, the term "state" includes the several states, territories, and possessions of the United States,
and the District of Columbia. [2002 c 370 § 42; 1984 c 249 §
34.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.520
70.77.520 Unlawful to permit fire nuisance where
fireworks kept—Penalty. It is unlawful for any person to
allow any combustibles to accumulate in any premises in
which fireworks are stored or sold or to permit a fire nuisance
to exist in such a premises. A violation of this section is a
(2004 Ed.)
70.77.548
misdemeanor. [2002 c 370 § 43; 1984 c 249 § 33; 1961 c 228
§ 81.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.525
70.77.525 Manufacture or sale of fireworks for outof-state shipment. This chapter does not prohibit any manufacturer, wholesaler, dealer, or jobber, having a license and
a permit secured under the provisions of this chapter, from
manufacturing or selling any kind of fireworks for direct
shipment out of this state. [1982 c 230 § 42; 1961 c 228 §
82.]
70.77.530
70.77.530 Nonprohibited acts—Signal purposes, forest protection. This chapter does not prohibit the use of torpedoes, flares, or fusees by motor vehicles, railroads, or other
transportation agencies for signal purposes or illumination or
for use in forest protection activities. [1961 c 228 § 83.]
70.77.535
70.77.535 Articles pyrotechnic, special effects for
entertainment media. The assembling, compounding, use,
and display of articles pyrotechnic or special effects in the
production of motion pictures, radio or television productions, or live entertainment shall be under the direction and
control of a pyrotechnic operator licensed by the state of
Washington and who possesses a valid permit from the city
or county. [2002 c 370 § 44; 1994 c 133 § 14; 1984 c 249 §
35; 1982 c 230 § 43; 1961 c 228 § 84.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
70.77.540
70.77.540 Penalty. Except as otherwise provided in this
chapter, any person violating any of the provisions of this
chapter or any rules issued thereunder is guilty of a misdemeanor. [1984 c 249 § 36; 1961 c 228 § 85.]
70.77.545
70.77.545 Violation a separate, continuing offense. A
person is guilty of a separate offense for each day during
which he commits, continues, or permits a violation of any
provision of, or any order, rule, or regulation made pursuant
to this chapter. [1961 c 228 § 86.]
70.77.547
70.77.547 Civil enforcement not precluded. The
inclusion in this chapter of criminal penalties does not preclude enforcement of this chapter through civil means. [1994
c 133 § 15.]
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
70.77.548
70.77.548 Attorney general may institute civil proceedings—Venue. Civil proceedings to enforce this chapter
may be brought in the superior court of Thurston county or
the county in which the violation occurred by the attorney
general or the attorney of the city or county in which the violation occurred on his or her own motion or at the request of
the chief of the Washington state patrol, through the director
of fire protection. [2002 c 370 § 48.]
Severability—2002 c 370: See note following RCW 70.77.126.
[Title 70 RCW—page 137]
70.77.549
Title 70 RCW: Public Health and Safety
70.77.549
70.77.549 Civil penalty—Costs. In addition to criminal penalties, a person who violates this chapter is also liable
for a civil penalty and for the costs incurred with enforcing
this chapter and bringing the civil action, including court
costs and reasonable investigative and attorneys' fees. [2002
c 370 § 49.]
state patrol, through the director of fire protection, shall make
the list available. [2002 c 370 § 47; 1995 c 369 § 58; 1986 c
266 § 118; 1984 c 249 § 9.]
Severability—2002 c 370: See note following RCW 70.77.126.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.900 Effective date—1961 c 228. This act shall
take effect on January 1, 1962. [1961 c 228 § 90.]
70.77.900
70.77.550
70.77.550 Short title. This chapter shall be known and
may be cited as the state fireworks law. [1961 c 228 § 87.]
70.77.910 Severability—1961 c 228. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1961 c 228 § 91.]
70.77.910
70.77.555
70.77.555 Local permit and license fees—Limits. (1)
A city or county may provide by ordinance for a fee in an
amount sufficient to cover all legitimate costs for all needed
permits, licenses, and authorizations from application to and
through processing, issuance, and inspection, but in no case
to exceed a total of one hundred dollars for any one retail
sales permit for any one selling season in a year, whether
June 28th through July 5th or December 27th through
December 31st, or a total of two hundred dollars for both selling seasons.
(2) A city or county may provide by ordinance for a fee
in an amount sufficient to cover all legitimate costs for all
display permits, licenses, and authorizations from application
to and through processing, issuance, and inspection, not to
exceed actual costs and in no case more than a total of five
thousand dollars for any one display permit. [2002 c 370 §
45; 1995 c 61 § 26; 1982 c 230 § 44; 1961 c 228 § 88.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.911
70.77.911 Severability—1982 c 230. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 230 § 45.]
70.77.912 Severability—1984 c 249. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 249 § 41.]
70.77.912
Chapter 70.79 RCW
BOILERS AND UNFIRED PRESSURE VESSELS
Chapter 70.79
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Sections
70.77.575
70.77.575 Chief of the Washington state patrol to
provide list of consumer fireworks that may be sold to the
public. (1) The chief of the Washington state patrol, through
the director of fire protection, shall adopt by rule a list of the
consumer fireworks that may be sold to the public in this state
pursuant to this chapter. The chief of the Washington state
patrol, through the director of fire protection, shall file the list
by October 1st of each year with the code reviser for publication, unless the previously published list has remained current.
(2) The chief of the Washington state patrol, through the
director of fire protection, shall provide the list adopted under
subsection (1) of this section by November 1st of each year to
all manufacturers, wholesalers, and importers licensed under
this chapter, unless the previously distributed list has
remained current. [2002 c 370 § 46; 1995 c 369 § 57; 1986 c
266 § 117; 1984 c 249 § 8.]
Severability—2002 c 370: See note following RCW 70.77.126.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.580
70.77.580 Retailers to post list of consumer fireworks. Retailers required to be licensed under this chapter
shall post prominently at each retail location a list of the consumer fireworks that may be sold to the public in this state
pursuant to this chapter. The posted list shall be in a form
approved by the chief of the Washington state patrol, through
the director of fire protection. The chief of the Washington
[Title 70 RCW—page 138]
70.79.010
70.79.020
70.79.030
70.79.040
70.79.050
70.79.060
70.79.070
70.79.080
70.79.090
70.79.095
70.79.100
70.79.110
70.79.120
70.79.130
70.79.140
70.79.150
70.79.160
70.79.170
70.79.180
70.79.190
70.79.200
70.79.210
70.79.220
70.79.230
70.79.240
70.79.250
70.79.260
70.79.270
70.79.280
70.79.290
70.79.300
Board of boiler rules—Members—Terms—Meetings.
Compensation and travel expenses.
Duties of board.
Rules and regulations—Scope.
Rules and regulations—Effect.
Construction, installation must conform to rules—Special
installation and operating permits.
Existing installations—Conformance required—Miniature
hobby boilers.
Exemptions from chapter.
Exemptions from certain provisions.
Espresso machines—Local regulation prohibited.
Chief inspector—Qualifications—Appointment, removal.
Chief inspector—Duties in general.
Deputy inspectors—Qualifications—Employment.
Special inspectors—Qualifications—Commission.
Special inspectors—Compensation—Continuance of commission.
Special inspectors—Inspections—Exempts from inspection
fees.
Report of inspection by special inspector—Filing.
Examinations for inspector's appointment or commission—
Reexamination.
Suspension, revocation of inspector's commission—
Grounds—Reinstatement.
Suspension, revocation of commission—Appeal.
Lost or destroyed certificate or commission.
Inspectors—Performance bond required.
Inspections—Who shall make.
Access to premises by inspectors.
Inspection of boilers, unfired pressure vessels—Scope—Frequency.
Inspection—Frequency—Grace period.
Inspection—Frequency—Modification by rules.
Hydrostatic test.
Inspection during construction.
Inspection certificate—Contents—Posting—Fee.
Inspection certificate invalid on termination of insurance.
(2004 Ed.)
Boilers and Unfired Pressure Vessels
70.79.310
70.79.320
70.79.330
70.79.350
70.79.360
70.79.900
Inspection certificate—Suspension—Reinstatement.
Operating without inspection certificate prohibited—Penalty.
Inspection fees—Expenses—Schedules.
Inspection fees—Receipts for—Pressure systems safety fund.
Appeal from orders or acts.
Severability—1951 c 32.
Excessive steam in boilers, penalty: RCW 70.54.080.
State building code: Chapter 19.27 RCW.
70.79.010
70.79.010 Board of boiler rules—Members—
Terms—Meetings. There is hereby created within this state
a board of boiler rules, which shall hereafter be referred to as
the board, consisting of five members who shall be appointed
to the board by the governor, one for a term of one year, one
for a term of two years, one for a term of three years, and two
for a term of four years. At the expiration of their respective
terms of office, they, or their successors identifiable with the
same interests respectively as hereinafter provided, shall be
appointed for terms of four years each. The governor may at
any time remove any member of the board for inefficiency or
neglect of duty in office. Upon the death or incapacity of any
member the governor shall fill the vacancy for the remainder
of the vacated term with a representative of the same interests
with which his or her predecessor was identified. Of these
five appointed members, one shall be representative of owners and users of boilers and unfired pressure vessels within
the state, one shall be representative of the boiler or unfired
pressure vessel manufacturers within the state, one shall be a
representative of a boiler insurance company licensed to do
business within the state, one shall be a mechanical engineer
on the faculty of a recognized engineering college or a graduate mechanical engineer having equivalent experience, and
one shall be representative of the boilermakers, stationary
operating engineers, or pressure vessel operators. The board
shall elect one of its members to serve as chair and, at the call
of the chair, the board shall meet at least four times each year
at the state capitol or other place designated by the board.
[1999 c 183 § 1; 1951 c 32 § 1.]
70.79.020
70.79.020 Compensation and travel expenses. The
members of the board shall be compensated in accordance
with RCW 43.03.240 and shall receive travel expenses
incurred while in the performance of their duties as members
of the board, in accordance with RCW 43.03.050 and
43.03.060. [1984 c 287 § 105; 1975-'76 2nd ex.s. c 34 § 159;
1951 c 32 § 2.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
70.79.030
70.79.030 Duties of board. The board shall formulate
definitions and rules for the safe and proper construction,
installation, repair, use, and operation of boilers and for the
safe and proper construction, installation, and repair of
unfired pressure vessels in this state. The definitions and
rules so formulated shall be based upon, and, at all times, follow the nationally or internationally accepted engineering
standards, formulae, and practices established and pertaining
to boiler and unfired pressure vessel construction and safety,
and the board may by resolution adopt existing published
codifications thereof, and when so adopted the same shall be
(2004 Ed.)
70.79.070
deemed incorporated into, and to constitute a part or the
whole of the definitions and rules of the board. Amendments
and interpretations to the code shall be enforceable immediately upon being adopted, to the end that the definitions and
rules shall at all times follow nationally or internationally
accepted engineering standards. However, all rules adopted
by the board shall be adopted in compliance with the Administrative Procedure Act, chapter 34.05 RCW, as now or hereafter amended. [1999 c 183 § 2; 1972 ex.s. c 86 § 1; 1951 c
32 § 3.]
70.79.040
70.79.040 Rules and regulations—Scope. The board
shall promulgate rules and regulations for the safe and proper
installation, repair, use and operation of boilers, and for the
safe and proper installation and repair of unfired pressure
vessels which were in use or installed ready for use in this
state prior to the date upon which the first rules and regulations under this chapter pertaining to existing installations
became effective, or during the twelve months period immediately thereafter. [1951 c 32 § 4.]
70.79.050
70.79.050 Rules and regulations—Effect. (1) The
rules and regulations formulated by the board shall have the
force and effect of law, except that the rules applying to the
construction of new boilers and unfired pressure vessels shall
not be construed to prevent the installation thereof until
twelve months after their approval by the director of the
department of labor and industries.
(2) Subsequent amendments to the rules and regulations
adopted by the board shall be permissive immediately and
shall become mandatory twelve months after such approval.
[1951 c 32 § 5.]
70.79.060
70.79.060 Construction, installation must conform to
rules—Special installation and operating permits. (1)
Except as provided in subsection (2) of this section, no power
boiler, low pressure boiler, or unfired pressure vessel which
does not conform to the rules and regulations formulated by
the board governing new construction and installation shall
be installed and operated in this state after twelve months
from the date upon which the first rules and regulations under
this chapter pertaining to new construction and installation
shall have become effective, unless the boiler or unfired pressure vessel is of special design or construction, and is not
covered by the rules and regulations, nor is in any way inconsistent with such rules and regulations, in which case a special installation and operating permit may at its discretion be
granted by the board.
(2) A special permit may also be granted for boilers and
pressure vessels manufactured before 1951 which do not
comply with the code requirements of the American Society
of Mechanical Engineers adopted under this chapter, if the
boiler or pressure vessel is operated exclusively for the purposes of public exhibition, and the board finds, upon inspection, that operation of the boiler or pressure vessel for such
purposes is not unsafe. [1984 c 93 § 1; 1951 c 32 § 6.]
70.79.070
70.79.070 Existing installations—Conformance
required—Miniature hobby boilers. (1) All boilers and
unfired pressure vessels which were in use, or installed ready
[Title 70 RCW—page 139]
70.79.080
Title 70 RCW: Public Health and Safety
for use in this state prior to the date upon which the first rules
and regulations under this chapter pertaining to existing
installations became effective, or during the twelve months
period immediately thereafter, shall be made to conform to
the rules and regulations of the board governing existing
installations, and the formulae prescribed therein shall be
used in determining the maximum allowable working pressure for such boilers and unfired pressure vessels.
(2) This chapter shall not be construed as in any way preventing the use or sale of boilers or unfired vessels as referred
to in subsection (1) of this section, provided they have been
made to conform to the rules and regulations of the board
governing existing installations, and provided, further, they
have not been found upon inspection to be in an unsafe condition.
(3) A special permit may also be granted for miniature
hobby boilers that do not comply with the code requirements
of the American society of mechanical engineers adopted
under this chapter and do not exceed any of the following
limits:
(a) Sixteen inches inside diameter of the shell;
(b) Twenty square feet of total heating surface;
(c) Five cubic feet of gross volume of vessel; and
(d) One hundred fifty p.s.i.g. maximum allowable working pressure, and if the boiler is to be operated exclusively not
for commercial or industrial use and the department of labor
and industries finds, upon inspection, that operation of the
boiler for such purposes is not unsafe. [1995 c 41 § 1; 1993 c
193 § 1; 1951 c 32 § 7.]
70.79.080 Exemptions from chapter. This chapter
shall not apply to the following boilers, unfired pressure vessels and domestic hot water tanks:
(1) Boilers and unfired pressure vessels under federal
regulation or operated by any railroad subject to the provisions of the interstate commerce act;
(2) Unfired pressure vessels meeting the requirements of
the interstate commerce commission for shipment of liquids
or gases under pressure;
(3) Air tanks located on vehicles operating under the
rules of other state authorities and used for carrying passengers, or freight;
(4) Air tanks installed on the right of way of railroads
and used directly in the operation of trains;
(5) Unfired pressure vessels having a volume of five
cubic feet or less when not located in places of public assembly;
(6) Unfired pressure vessels designed for a pressure not
exceeding fifteen pounds per square inch gauge when not
located in place of public assembly;
(7) Tanks used in connection with heating water for
domestic and/or residential purposes;
(8) Boilers and unfired pressure vessels in cities having
ordinances which are enforced and which have requirements
equal to or higher than those provided for under this chapter,
covering the installation, operation, maintenance and inspection of boilers and unfired pressure vessels;
(9) Tanks containing water with no air cushion and no
direct source of energy that operate at a temperature of one
hundred thirty degrees Fahrenheit or less;
(10) Electric boilers:
70.79.080
[Title 70 RCW—page 140]
(a) Having a tank volume of not more than one and onehalf cubic feet;
(b) Having a maximum allowable working pressure of
eighty pounds per square inch or less, with a pressure relief
system to prevent excess pressure; and
(c) If constructed after June 10, 1994, constructed to
American society of mechanical engineers code, or approved
or otherwise certified by a nationally recognized or recognized foreign testing laboratory or construction code, including but not limited to Underwriters Laboratories, Edison
Testing Laboratory, or Instituto Superiore Per La Prevenzione E La Sicurezza Del Lavoro;
(11) Electrical switchgear and control apparatus that
have no external source of energy to maintain pressure and
are located in restricted access areas under the control of an
electric utility;
(12) Regardless of location, unfired pressure vessels and
hot water heaters less than one and one-half cubic feet (11.25
gallons) in volume with a safety valve setting of one hundred
fifty pounds per square inch gauge (psig) or less, or less than
six inches in diameter and less than five cubic feet (37.5 gallons) in volume with a safety valve set at any pressure, or less
than fifteen psig containing substances other than steam,
lethal substances, or liquids with low flash points. [1999 c
183 § 3; 1996 c 72 § 1; 1994 c 64 § 2; 1986 c 97 § 1; 1951 c
32 § 8.]
Finding—Intent—1994 c 64: See note following RCW 70.79.095.
70.79.090
70.79.090 Exemptions from certain provisions. The
following boilers and unfired pressure vessels shall be
exempt from the requirements of RCW 70.79.220 and
70.79.240 through 70.79.330:
(1) Boilers or unfired pressure vessels located on farms
and used solely for agricultural purposes;
(2) Unfired pressure vessels that are part of fertilizer
applicator rigs designed and used exclusively for fertilization
in the conduct of agricultural operations;
(3) Steam boilers used exclusively for heating purposes
carrying a pressure of not more than fifteen pounds per
square inch gauge and which are located in private residences
or in apartment houses of less than six families;
(4) Hot water heating boilers carrying a pressure of not
more than thirty pounds per square inch and which are
located in private residences or in apartment houses of less
than six families;
(5) Approved pressure vessels (hot water heaters listed
by a nationally recognized testing agency), with approved
safety devices including a pressure relief valve, with a nominal water containing capacity of one hundred twenty gallons
or less having a heat input of two hundred thousand b.t.u.'s
per hour or less, used for hot water supply at pressure of one
hundred sixty pounds per square inch or less, and at temperatures of two hundred ten degrees Fahrenheit or less: PROVIDED, HOWEVER, That such pressure vessels are not
installed in schools, child care centers, public and private
hospitals, nursing and boarding homes, churches, public
buildings owned or leased and maintained by the state or any
political subdivision thereof, and assembly halls;
(6) Unfired pressure vessels containing only water under
pressure for domestic supply purposes, including those con(2004 Ed.)
Boilers and Unfired Pressure Vessels
taining air, the compression of which serves only as a cushion
or airlift pumping systems, when located in private residences or in apartment houses of less than six families;
(7) Unfired pressure vessels containing liquified petroleum gases. [1999 c 183 § 4; 1988 c 254 § 20; 1983 c 3 § 174;
1972 ex.s. c 86 § 2; 1951 c 32 § 9.]
70.79.095 Espresso machines—Local regulation prohibited. A county, city, or other political subdivision of the
state may not enforce any law specifically regulating the
manufacture, installation, operation, maintenance, or inspection of any electric boiler exempt from this chapter by RCW
70.79.080(10). [1994 c 64 § 3.]
70.79.160
who shall have had at time of appointment not less than five
years practical experience in the construction, maintenance,
repair, or operation of high pressure boilers and unfired pressure vessels as a mechanical engineer, steam engineer, boilermaker, or boiler inspector, and who shall have passed the
examination provided for in RCW 70.79.170. [1994 c 164 §
27; 1951 c 32 § 12.]
70.79.095
Finding—Intent—1994 c 64: "The legislature finds that small lowpressure boilers are found in devices such as espresso coffee machines and
cleaning equipment common throughout Washington state. Such systems
present little threat to public health and safety. Government regulation of
such systems could impose a substantial burden on many small businesses
and provide minimal public benefit. It is therefore the intent of the legislature
to exempt these boilers from regulation under chapter 70.79 RCW and similar laws adopted by local governments." [1994 c 64 § 1.]
70.79.100 Chief inspector—Qualifications—
Appointment, removal. (1) Within sixty days after the
effective date of this chapter, and at any time thereafter that
the office of the chief inspector may become vacant, the
director of the department of labor and industries shall
appoint a chief inspector who shall have had at the time of
such appointment not less than ten years practical experience
in the construction, maintenance, repair, or operation of high
pressure boilers and unfired pressure vessels, as a mechanical
engineer, steam engineer, boilermaker, or boiler inspector,
and who shall have passed the same kind of examination as
that prescribed for deputy or special inspectors in RCW
70.79.170 to be chief inspector until his successor shall have
been appointed and qualified. Such chief inspector may be
removed for cause after due investigation by the board and its
recommendation to the director of the department of labor
and industries. [1951 c 32 § 10.]
70.79.100
70.79.110 Chief inspector—Duties in general. The
chief inspector, if authorized by the director of the department of labor and industries is hereby charged, directed and
empowered:
(1) To cause the prosecution of all violators of the provisions of this chapter;
(2) To issue, or to suspend, or revoke for cause, inspection certificates as provided for in RCW 70.79.290;
(3) To take action necessary for the enforcement of the
laws of the state governing the use of boilers and unfired
pressure vessels and of the rules and regulations of the board;
(4) To keep a complete record of the type, dimensions,
maximum allowable working pressure, age, condition, location, and date of the last recorded internal inspection of all
boilers and unfired pressure vessels to which this chapter
applies;
(5) To publish and distribute, among manufacturers and
others requesting them, copies of the rules and regulations
adopted by the board. [1951 c 32 § 11.]
70.79.110
70.79.120 Deputy inspectors—Qualifications—
Employment. The director shall employ deputy inspectors
70.79.120
(2004 Ed.)
70.79.130
70.79.130 Special inspectors—Qualifications—Commission. In addition to the deputy boiler inspectors authorized by RCW 70.79.120, the chief inspector shall, upon the
request of any company authorized to insure against loss
from explosion of boilers and unfired pressure vessels in this
state, or upon the request of any company operating boilers or
unfired pressure vessels in this state, issue to any inspectors
of said company commissions as special inspectors, provided
that each such inspector before receiving his or her commission shall satisfactorily pass the examination provided for in
RCW 70.79.170, or, in lieu of such examination, shall hold a
certificate of competency as an inspector of boilers and
unfired pressure vessels for a state that has a standard of
examination substantially equal to that of this state or a certificate as an inspector of boilers and unfired pressure vessels
from the national board of boiler and pressure vessel inspectors. A commission as a special inspector for a company
operating boilers or unfired pressure vessels in this state shall
be issued only if, in addition to meeting the requirements
stated herein, the inspector is continuously employed by the
company for the purpose of making inspections of boilers or
unfired pressure vessels used, or to be used, by such company. [1999 c 183 § 5; 1951 c 32 § 13.]
70.79.140
70.79.140 Special inspectors—Compensation—Continuance of commission. Special inspectors shall receive no
salary from, nor shall any of their expenses be paid by the
state, and the continuance of a special inspector's commission
shall be conditioned upon his or her continuing in the employ
of a boiler insurance company duly authorized as aforesaid or
upon continuing in the employ of a company operating boilers or unfired pressure vessels in this state and upon his or her
maintenance of the standards imposed by this chapter. [1999
c 183 § 6; 1951 c 32 § 14.]
70.79.150
70.79.150 Special inspectors—Inspections—Exempts
from inspection fees. Special inspectors shall inspect all
boilers and unfired pressure vessels insured or operated by
their respective companies and, when so inspected, the owners and users of such insured boilers and unfired pressure vessels shall be exempt from the payment to the state of the
inspection fees as provided for in RCW 70.79.330. [1999 c
183 § 7; 1951 c 32 § 15.]
70.79.160
70.79.160 Report of inspection by special inspector—
Filing. Each company employing special inspectors shall,
within thirty days following each internal boiler or unfired
pressure vessel inspection made by such inspectors, file a
report of such inspection with the chief inspector upon appropriate forms. Reports of external inspections shall not be
required except when such inspections disclose that the boiler
[Title 70 RCW—page 141]
70.79.170
Title 70 RCW: Public Health and Safety
or unfired pressure vessel is in dangerous condition. [1999 c
183 § 8; 1951 c 32 § 16.]
ing whether such boiler or unfired pressure vessel is constructed, installed and operated in accordance with the provisions of this chapter. [1951 c 32 § 17.]
70.79.170
70.79.170 Examinations for inspector's appointment
or commission—Reexamination. Examinations for chief,
deputy, or special inspectors shall be in writing and shall be
held by the board, or by at least two members of the board.
Such examinations shall be confined to questions the answers
to which will aid in determining the fitness and competency
of the applicant for the intended service. In case an applicant
for an inspector's appointment or commission fails to pass the
examination, he may appeal to the board for another examination which shall be given by the board within ninety days.
The record of an applicant's examination shall be accessible
to said applicant and his employer. [1951 c 32 § 18.]
70.79.180
70.79.180 Suspension, revocation of inspector's commission—Grounds—Reinstatement. A commission may
be suspended or revoked after due investigation and recommendation by the board to the director of the department of
labor and industries for the incompetence or untrustworthiness of the holder thereof, or for wilful falsification of any
matter or statement contained in his application or in a report
of any inspection. A person whose commission has been suspended or revoked, except for untrustworthiness, shall be
entitled to apply to the board for reinstatement or, in the case
of a revocation, for a new examination and commission after
ninety days from such revocation. [1951 c 32 § 19.]
70.79.190
70.79.190 Suspension, revocation of commission—
Appeal. A person whose commission has been suspended or
revoked shall be entitled to an appeal as provided in RCW
70.79.360 and to be present in person and/or represented by
counsel on the hearing of the appeal. [1951 c 32 § 20.]
70.79.200
70.79.200 Lost or destroyed certificate or commission. If a certificate or commission is lost or destroyed, a new
certificate or commission shall be issued in its place without
another examination. [1951 c 32 § 21.]
70.79.240
70.79.240 Inspection of boilers, unfired pressure vessels—Scope—Frequency. Each boiler and unfired pressure
vessel used or proposed to be used within this state, except
boilers or unfired pressure vessels exempt in RCW 70.79.080
and 70.79.090, shall be thoroughly inspected as to their construction, installation, condition and operation, as follows:
(1) Power boilers shall be inspected annually both internally and externally while not under pressure, except that the
board may provide for longer periods between inspections
where the contents, history, or operation of the power boiler
or the material of which it is constructed warrant special
consideration. Power boilers shall also be inspected annually
externally while under pressure if possible;
(2) Low pressure heating boilers shall be inspected both
internally and externally biennially where construction will
permit;
(3) Unfired pressure vessels subject to internal corrosion
shall be inspected both internally and externally biennially
where construction will permit, except that the board may, in
its discretion, provide for longer periods between inspections;
(4) Unfired pressure vessels not subject to internal corrosion shall be inspected externally at intervals set by the board,
but internal inspections shall not be required of unfired pressure vessels, the contents of which are known to be noncorrosive to the material of which the shell, head, or fittings are
constructed, either from the chemical composition of the contents or from evidence that the contents are adequately treated
with a corrosion inhibitor, provided that such vessels are constructed in accordance with the rules and regulations of the
board or in accordance with standards substantially equivalent to the rules and regulations of the board, in effect at the
time of manufacture. [1993 c 391 § 1; 1951 c 32 § 22.]
70.79.250
70.79.210
70.79.210 Inspectors—Performance bond required.
The chief inspector shall furnish a bond in the sum of five
thousand dollars and each of the deputy inspectors, employed
and paid by the state, shall furnish a bond in the sum of two
thousand dollars conditioned upon the faithful performance
of their duties and upon a true account of moneys handled by
them respectively and the payment thereof to the proper
recipient. The cost of said bonds shall be paid by the state.
[1951 c 32 § 35.]
70.79.220
70.79.220 Inspections—Who shall make. The inspections herein required shall be made by the chief inspector, by
a deputy inspector, or by a special inspector provided for in
this chapter. [1951 c 32 § 25.]
70.79.230
70.79.230 Access to premises by inspectors. The chief
inspector, or any deputy or special inspector, shall have free
access, during reasonable hours, to any premises in the state
where a boiler or unfired pressure vessel is being constructed,
or is being installed or operated, for the purpose of ascertain[Title 70 RCW—page 142]
70.79.250 Inspection—Frequency—Grace period. In
the case of power boilers a grace period of not more than two
months longer than the period established by the board under
RCW 70.79.240(1) may elapse between internal inspections
of a boiler while not under pressure or between external
inspections of a boiler while under pressure; in the case of
low pressure heating boilers not more than twenty-six months
shall elapse between inspections, and in the case of unfired
pressure vessels not more than two months longer than the
period between inspections prescribed by the board shall
elapse between internal inspections. [1993 c 391 § 2; 1951 c
32 § 23.]
70.79.260
70.79.260 Inspection—Frequency—Modification by
rules. The rules and regulations formulated by the board
applying to the inspection of unfired pressure vessels may be
modified by the board to reduce or extend the interval
between required inspections where the contents of the vessel
or the material of which it is constructed warrant special consideration. [1951 c 32 § 24.]
(2004 Ed.)
Boilers and Unfired Pressure Vessels
70.79.270
70.79.270 Hydrostatic test. If at any time a hydrostatic
test shall be deemed necessary to determine the safety of a
boiler or unfired pressure vessel, [the] same shall be made, at
the discretion of the inspector, by the owner or user thereof.
[1951 c 32 § 26.]
70.79.280
70.79.280 Inspection during construction. All boilers
and all unfired pressure vessels to be installed in this state
after the twelve-month period from the date upon which the
rules of the board shall become effective shall be inspected
during construction as required by the applicable rules of the
board by an inspector authorized to inspect boilers and
unfired pressure vessels in this state, or, if constructed outside of the state, by an inspector holding a certificate from the
national board of boiler and pressure vessel inspectors, or a
certificate of competency as an inspector of boilers and
unfired pressure vessels for a state that has a standard of
examination substantially equal to that of this state as provided in RCW 70.79.170. [1999 c 183 § 9; 1951 c 32 § 27.]
70.79.290
70.79.290 Inspection certificate—Contents—Posting—Fee. If, upon inspection, a boiler or pressure vessel is
found to comply with the rules and regulations of the board,
and upon the appropriate fee payment made directly to the
chief inspector, as required by RCW 70.79.160 or 70.79.330,
the chief inspector shall issue to the owner or user of such a
boiler or pressure vessel an inspection certificate bearing the
date of inspection and specifying the maximum pressure
under which the boiler or pressure vessel may be operated.
Such inspection certificate shall be valid for not more than
fourteen months from its date in the case of power boilers and
twenty-six months in the case of low pressure heating boilers,
and for not more than two months longer than the authorized
inspection period in the case of pressure vessels. Certificates
shall be posted under glass in the room containing the boiler
or pressure vessel inspected. If the boiler or pressure vessel is
not located within a building, the certificate shall be posted in
a location convenient to the boiler or pressure vessel
inspected or, in the case of a portable boiler or pressure vessel, the certificate shall be kept in a protective container to be
fastened to the boiler or pressure vessel or in a tool box
accompanying the boiler or pressure vessel. [1977 ex.s. c
175 § 1; 1970 ex.s. c 21 § 1; 1951 c 32 § 28.]
70.79.300
70.79.300 Inspection certificate invalid on termination of insurance. No inspection certificate issued for an
insured boiler or unfired pressure vessel inspected by a special inspector shall be valid after the boiler or unfired pressure vessel, for which it was issued, shall cease to be insured
by a company duly authorized by this state to carry such
insurance. [1951 c 32 § 29.]
70.79.310
70.79.310 Inspection certificate—Suspension—Reinstatement. The chief inspector, or his or her authorized representative, may at any time suspend an inspection certificate
when, in his or her opinion, the boiler or unfired pressure vessel for which it was issued cannot be operated without menace to the public safety, or when the boiler or unfired pressure
vessel is found not to comply with the rules herein provided.
A special inspector shall have corresponding powers with
(2004 Ed.)
70.79.350
respect to inspection certificates for boilers or unfired pressure vessels insured or operated by the company employing
him or her. Such suspension of an inspection certificate shall
continue in effect until such boiler or unfired pressure vessel
shall have been made to conform to the rules of the board,
and until said inspection certificate shall have been reinstated. [1999 c 183 § 10; 1951 c 32 § 30.]
70.79.320
70.79.320 Operating without inspection certificate
prohibited—Penalty. (1) It shall be unlawful for any person, firm, partnership, or corporation to operate under pressure in this state a boiler or unfired pressure vessel, to which
this chapter applies, without a valid inspection certificate as
provided for in this chapter.
(2) The department may assess a penalty against a person
violating a provision of this chapter. The penalty shall be not
more than five hundred dollars. Each day that the violation
continues is a separate violation and is subject to a separate
penalty.
(3) The department may not assess a penalty until it
adopts rules describing the method it will use to calculate
penalties for various violations.
(4) The department shall notify the violator of its action,
and the reasons for its action, in writing. The department shall
send the notice by certified mail to the violator that a hearing
may be requested under RCW 70.79.360. The hearing shall
not stay the effect of the penalty. [1986 c 97 § 2; 1951 c 32 §
31.]
70.79.330
70.79.330 Inspection fees—Expenses—Schedules.
The owner or user of a boiler or pressure vessel required by
this chapter to be inspected by the chief inspector, or his deputy inspector, shall pay directly to the chief inspector, upon
completion of inspection, fees and expenses in accordance
with a schedule adopted by the board and approved by the
director of the department of labor and industries in accordance with the requirements of the Administrative Procedure
Act, chapter 34.05 RCW. [1977 ex.s. c 175 § 2; 1970 ex.s. c
21 § 2; 1963 c 217 § 1; 1951 c 32 § 32.]
70.79.350
70.79.350 Inspection fees—Receipts for—Pressure
systems safety fund. The chief inspector shall give an official receipt for all fees required by chapter 70.79 RCW and
shall transfer all sums so received to the treasurer of the state
of Washington as ex officio custodian thereof and the treasurer shall place all sums in a special fund hereby created and
designated as the "pressure systems safety fund". Funds shall
be paid out upon vouchers duly and regularly issued therefor
and approved by the director of the department of labor and
industries. The treasurer, as ex officio custodian of the fund,
shall keep an accurate record of any payments into the fund,
and of all disbursements therefrom. The fund shall be used
exclusively to defray only the expenses of administering
chapter 70.79 RCW by the chief inspector as authorized by
law and the expenses incident to the maintenance of the
office. The fund shall be charged with its pro rata share of the
cost of administering the fund which is to be determined by
the director of financial management and by the director of
the department of labor and industries.
[Title 70 RCW—page 143]
70.79.360
Title 70 RCW: Public Health and Safety
During the 2003-2005 fiscal biennium, the legislature
may transfer from the pressure systems safety fund to the
state general fund such amounts as reflect the excess fund
balance of the fund. [2003 1st sp.s. c 25 § 931; 1979 c 151 §
171; 1977 ex.s. c 175 § 3; 1951 c 32 § 34.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
70.79.360
70.79.360 Appeal from orders or acts. Any person
aggrieved by an order or act of the director of the department
of labor and industries, the chief inspector, under this chapter,
may, within fifteen days after notice thereof, appeal from
such order or act to the board which shall, within thirty days
thereafter, hold a hearing after having given at least ten days
written notice to all interested parties. The board shall, within
thirty days after such hearing, issue an appropriate order
either approving or disapproving said order or act. A copy of
such order by the board shall be given to all interested parties.
Within thirty days after any order or act of the board, any person aggrieved thereby may file a petition in the superior court
of the county of Thurston for a review thereof. The court shall
summarily hear the petition and may make any appropriate
order or decree. [1951 c 32 § 36.]
70.79.900
70.79.900 Severability—1951 c 32. The fact that any
section, subsection, sentence, clause, or phrase of this chapter
is declared unconstitutional or invalid for any reason shall not
affect the remaining portions of this chapter. [1951 c 32 §
37.]
ation with other agencies of the state charged with the administration of laws providing for any type of service or aid to
handicapped persons, and with the United States government
through any appropriate agency or instrumentality in developing, extending and improving such service, program and
facilities. Such facilities shall include field clinics, diagnosis
and observation centers, boarding schools, special classes in
day schools, research facilities and such other facilities as
shall be required to render appropriate aid to such persons.
Existing facilities, buildings, hospitals and equipment
belonging to or operated by the state of Washington shall be
made available for these purposes when use therefor does not
conflict with the primary use of such existing facilities. Existing buildings, facilities and equipment belonging to private
persons, firms or corporations or to the United States government may be acquired or leased. [1974 ex.s. c 91 § 2; 1947 c
240 § 1; Rem. Supp. 1947 § 5547-1.]
Severability—1974 ex.s. c 91: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 91 § 8.]
Effective date—1974 ex.s. c 91: "This 1974 amendatory act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions, and
shall take effect immediately: PROVIDED, That sections 2 through 5 of this
1974 amendatory act shall not take effect until July 1, 1974." [1974 ex.s. c
91 § 7.]
Severability—1947 c 240: "If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of the act which can be given
effect without the invalid provisions or application." [1947 c 240 § 5.]
70.82.021
Chapter 70.82
Chapter 70.82 RCW
CEREBRAL PALSY PROGRAM
Sections
70.82.010
70.82.021
70.82.022
70.82.023
70.82.024
70.82.030
70.82.040
70.82.050
Purpose and aim of program.
Cerebral palsy fund—Moneys transferred to general fund.
Cerebral palsy fund—Appropriations to be paid from general
fund.
Cerebral palsy fund—Abolished.
Cerebral palsy fund—Warrants to be paid from general fund.
Eligibility.
Diagnosis.
Powers, duties, functions, unallocated funds, transferred.
70.82.010
70.82.010 Purpose and aim of program. It is hereby
declared to be of vital concern to the state of Washington that
all persons who are bona fide residents of the state of Washington and who are afflicted with cerebral palsy in any degree
be provided with facilities and a program of service for medical care, education, treatment and training to enable them to
become normal individuals. In order to effectively accomplish such purpose the department of social and health services, hereinafter called the department, is authorized and
instructed and it shall be its duty to establish and administer
facilities and a program of service for the discovery, care,
education, hospitalization, treatment and training of educable
persons afflicted with cerebral palsy, and to provide in connection therewith nursing, medical, surgical and corrective
care, together with academic, occupational and related training. Such program shall extend to developing, extending and
improving service for the discovery of such persons and for
diagnostication and hospitalization and shall include cooper[Title 70 RCW—page 144]
70.82.021 Cerebral palsy fund—Moneys transferred
to general fund. All moneys in the state treasury to the
credit of the state cerebral palsy fund on the first day of May,
1955, and all moneys thereafter paid into the state treasury
for or to the credit of the state cerebral palsy fund, shall be
and are hereby transferred to and placed in the general fund.
[1955 c 326 § 1.]
70.82.022
70.82.022 Cerebral palsy fund—Appropriations to
be paid from general fund. From and after the first day of
April, 1955, all appropriations made by the thirty-fourth legislature from the state cerebral palsy fund shall be paid out of
moneys in the general fund. [1955 c 326 § 2.]
70.82.023
70.82.023 Cerebral palsy fund—Abolished. From
and after the first day of May, 1955, the state cerebral palsy
fund is abolished. [1955 c 326 § 3.]
70.82.024
70.82.024 Cerebral palsy fund—Warrants to be paid
from general fund. From and after the first day of May,
1955, all warrants drawn on the state cerebral palsy fund and
not presented for payment shall be paid from the general
fund, and it shall be the duty of the state treasurer and he is
hereby directed to pay such warrants when presented from
the general fund. [1955 c 326 § 4.]
70.82.030
70.82.030 Eligibility. Any resident of this state who is
educable but so severely handicapped as the result of cerebral
palsy that he is unable to take advantage of the regular system
of free education of this state may be admitted to or be eligi(2004 Ed.)
Phenylketonuria and Other Preventable Heritable Disorders
ble for any service and facilities provided hereunder, provided such resident has lived in this state continuously for
more than one year before his application for such admission
or eligibility. [1947 c 240 § 3; Rem. Supp. 1947 § 5547-2.]
70.82.040
70.82.040 Diagnosis. Persons shall be admitted to or be
eligible for the services and facilities provided herein only
after diagnosis according to procedures and regulations
established and approved for this purpose by the department
of social and health services. [1974 ex.s. c 91 § 3; 1947 c 240
§ 4; Rem. Supp. 1947 § 5547-3.]
Severability—Effective date—1974 ex.s. c 91: See notes following
RCW 70.82.010.
70.82.050
70.82.050 Powers, duties, functions, unallocated
funds, transferred. All powers, duties and functions of the
superintendent of public instruction or the state board of education relating to the Cerebral Palsy Center as referred to in
chapter 39, Laws of 1973 2nd ex. sess. shall be transferred to
the department of social and health services as created in
chapter 43.20A RCW, and all unallocated funds within any
account to the credit of the superintendent of public instruction or the state board of education for purposes of such Cerebral Palsy Center shall be transferred effective July 1, 1974 to
the credit of the department of social and health services,
which department shall hereafter expend such funds for such
Cerebral Palsy Center purposes as contemplated in the appropriations therefor. All employees of the Cerebral Palsy Center on July 1, 1974 who are classified employees under chapter 41.06 RCW, the state civil service law, shall be assigned
and transferred to the department of social and health services
to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that
may be appropriate thereafter in accordance with the laws
and rules governing the state civil service law. [1974 ex.s. c
91 § 4.]
Severability—Effective date—1974 ex.s. c 91: See notes following
RCW 70.82.010.
Chapter 70.83 RCW
PHENYLKETONURIA AND OTHER PREVENTABLE
HERITABLE DISORDERS
Chapter 70.83
Sections
70.83.010
70.83.020
70.83.030
70.83.040
70.83.050
Declaration of policy and purpose.
Screening tests of newborn infants.
Report of positive test to department of health.
Services and facilities of state agencies made available to families and physicians—Fees.
Rules and regulations to be adopted by state board of health.
Reviser's note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
Chapter 70.83C
70.83.020
70.83.020 Screening tests of newborn infants. It shall
be the duty of the department of health to require screening
tests of all newborn infants before they are discharged from
the hospital for the detection of phenylketonuria and other
heritable or metabolic disorders leading to mental retardation
or physical defects as defined by the state board of health:
PROVIDED, That no such tests shall be given to any newborn infant whose parents or guardian object thereto on the
grounds that such tests conflict with their religious tenets and
practices. [1991 c 3 § 348; 1975-'76 2nd ex.s. c 27 § 1; 1967
c 82 § 2.]
70.83.030
70.83.030 Report of positive test to department of
health. Laboratories, attending physicians, hospital administrators, or other persons performing or requesting the performance of tests for phenylketonuria shall report to the department of health all positive tests. The state board of health by
rule shall, when it deems appropriate, require that positive
tests for other heritable and metabolic disorders covered by
this chapter be reported to the state department of health by
such persons or agencies requesting or performing such tests.
[1991 c 3 § 349; 1979 c 141 § 113; 1967 c 82 § 3.]
70.83.040
70.83.040 Services and facilities of state agencies
made available to families and physicians—Fees. When
notified of positive screening tests, the state department of
health shall offer the use of its services and facilities,
designed to prevent mental retardation or physical defects in
such children, to the attending physician, or the parents of the
newborn child if no attending physician can be identified.
The services and facilities of the department, and other
state and local agencies cooperating with the department in
carrying out programs of detection and prevention of mental
retardation and physical defects shall be made available to
the family and physician to the extent required in order to
carry out the intent of this chapter and within the availability
of funds. The department has the authority to collect a reasonable fee, from the parents or other responsible party of
each infant screened to fund specialty clinics that provide
treatment services for hemoglobin diseases, phenylketonuria,
congenital adrenal hyperplasia, and congenital hypothyroidism. The fee may be collected through the facility where the
screening specimen is obtained. [1999 c 76 § 1; 1991 c 3 §
350; 1979 c 141 § 114; 1967 c 82 § 4.]
70.83.050
70.83.050 Rules and regulations to be adopted by
state board of health. The state board of health shall adopt
rules and regulations necessary to carry out the intent of this
chapter. [1967 c 82 § 5.]
Chapter 70.83C
Chapter 70.83C RCW
70.83.010
70.83.010 Declaration of policy and purpose. It is
hereby declared to be the policy of the state of Washington to
make every effort to detect as early as feasible and to prevent
where possible phenylketonuria and other preventable heritable disorders leading to developmental disabilities or physical defects. [1977 ex.s. c 80 § 40; 1967 c 82 § 1.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
(2004 Ed.)
ALCOHOL AND DRUG USE TREATMENT
ASSOCIATED WITH PREGNANCY—
FETAL ALCOHOL SYNDROME
Sections
70.83C.005 Intent.
70.83C.010 Definitions.
70.83C.020 Prevention strategies.
[Title 70 RCW—page 145]
70.83C.005
Title 70 RCW: Public Health and Safety
70.83C.005 Intent. The legislature recognizes that the
use of alcohol and other drugs during pregnancy can cause
medical, psychological, and social problems for women and
infants. The legislature further recognizes that communities
are increasingly concerned about this problem and the associated costs to the mothers, infants, and society as a whole. The
legislature recognizes that the department of health and other
agencies are focusing on primary prevention activities to
reduce the use of alcohol or drugs during pregnancy but few
efforts have focused on secondary prevention efforts aimed at
intervening in the lives of women already involved in the use
of alcohol or other drugs during pregnancy. The legislature
recognizes that the best way to prevent problems for chemically dependent pregnant women and their resulting children
is to engage the women in alcohol or drug treatment. The legislature acknowledges that treatment professionals find pretreatment services to clients to be important in engaging
women in alcohol or drug treatment. The legislature further
recognizes that pretreatment services should be provided at
locations where chemically dependent women are likely to be
found, including public health clinics and domestic violence
or homeless shelters. Therefore the legislature intends to prevent the detrimental effects of alcohol or other drug use to
women and their resulting infants by promoting the establishment of local programs to help facilitate a woman's entry into
alcohol or other drug treatment. These programs shall provide secondary prevention services and provision of opportunities for immediate treatment so that women who seek help
are welcomed rather than ostracized. [1993 c 422 § 3.]
70.83C.005
Finding—1993 c 422: See note following RCW 66.16.110.
70.83C.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Alcoholism" means a disease, characterized by a
dependency on alcoholic beverages, loss of control over the
amount and circumstances of alcohol use, symptoms of tolerance, physiological or psychological withdrawal, or both, if
use is reduced or discontinued, and impairment of health or
disruption of social or economic functioning.
(2) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health
services as meeting standards adopted under this chapter.
(3) "Assessment" means an interview with an individual
to determine if he or she is chemically dependent and in need
of referral to an approved treatment program.
(4) "Chemically dependent individual" means someone
suffering from alcoholism or drug addiction, or dependence
on alcohol or one or more other psychoactive chemicals.
(5) "Department" means the department of social and
health services.
(6) "Domestic violence" is a categorization of offenses,
as defined in RCW 10.99.020, committed by one family or
household member against another.
(7) "Domestic violence program" means a shelter or
other program which provides services to victims of domestic
violence.
(8) "Drug addiction" means a disease characterized by a
dependency on psychoactive chemicals, loss of control over
the amount and circumstances of use, symptoms of tolerance,
70.83C.010
[Title 70 RCW—page 146]
physiological or psychological withdrawal, or both, if use is
reduced or discontinued, and impairment of health or disruptions of social or economic functioning.
(9) "Family or household members" means a family or
household member as defined in RCW 10.99.020.
(10) "Pretreatment" means the period of time prior to an
individual's enrollment in alcohol or drug treatment.
(11) "Pretreatment services" means activities taking
place prior to treatment that include identification of individuals using alcohol or drugs, education, assessment of their
use, evaluation of need for treatment, referral to an approved
treatment program, and advocacy on a client's behalf with
social service agencies or others to ensure and coordinate a
client's entry into treatment.
(12) "Primary prevention" means providing information
about the effects of alcohol or drug use to individuals so they
will avoid using these substances.
(13) "Secondary prevention" means identifying and
obtaining an assessment on individuals using alcohol or other
drugs for referral to treatment when indicated.
(14) "Secretary" means the secretary of the department
of social and health services.
(15) "Treatment" means the broad range of emergency
detoxification, residential, and outpatient services and care,
including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological,
and social service care, vocational rehabilitation, and career
counseling, that may be extended to chemically dependent
individuals and their families.
(16) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care,
treatment, or rehabilitation of chemically dependent individuals. [1993 c 422 § 4.]
Finding—1993 c 422: See note following RCW 66.16.110.
70.83C.020
70.83C.020 Prevention strategies. The secretary shall
develop and promote statewide secondary prevention strategies designed to increase the use of alcohol and drug treatment services by women of child-bearing age, before, during,
and immediately after pregnancy. These efforts are conducted through the division of alcohol and substance abuse.
The secretary shall:
(1) Promote development of three pilot demonstration
projects in the state to be called pretreatment projects for
women of child bearing age.
(2) Ensure that two of the projects are located in public
health department clinics that provide maternity services and
one is located with a domestic violence program.
(3) Hire three certified chemical dependency counselors
to work as substance abuse educators in each of the three
demonstration projects. The counselors may rotate between
more than one clinic or domestic violence program. The
chemical dependency counselor for the domestic violence
program shall also be trained in domestic violence issues.
(4) Ensure that the duties and activities of the certified
chemical dependency counselors include, at a minimum, the
following:
(a) Identifying substance-using pregnant women in the
health clinics and domestic violence programs;
(2004 Ed.)
Prenatal Newborn Screening for Exposure to Harmful Drugs
(b) Educating the women and agency staff on the effects
of alcohol or drugs on health, pregnancy, and unborn children;
(c) Determining the extent of the women's substance use;
(d) Evaluating the women's need for treatment;
(e) Making referrals for chemical dependency treatment
if indicated;
(f) Facilitating the women's entry into treatment; and
(g) Advocating on the client's behalf with other social
service agencies or others to ensure and coordinate clients
into treatment.
(5) Ensure that administrative costs of the department are
limited to ten percent of the funds appropriated for the
project. [1993 c 422 § 5.]
Finding—1993 c 422: See note following RCW 66.16.110.
Chapter 70.83E RCW
PRENATAL NEWBORN SCREENING FOR
EXPOSURE TO HARMFUL DRUGS
Chapter 70.83E
Sections
70.83E.010 Declaration—Policy.
70.83E.020 Screening criteria, training protocols—Development of.
70.83E.030 Department of health—Duties.
70.83E.010
70.83E.010 Declaration—Policy. The policy of the
state of Washington is to make every effort to detect as early
as feasible and to prevent where possible preventable disorders resulting from parental use of alcohol and drugs. [1998
c 93 § 1.]
70.84.050
70.84.060
70.84.070
70.84.080
70.84.900
70.84.040
Handicapped pedestrians not carrying white cane or using dog
guide—Rights and privileges.
Unauthorized use of white cane, dog guide, or service animal.
Penalty for violations.
Employment of blind or other handicapped persons in public
service.
Short title.
Dog guide or service animal, interfering with: RCW 9.91.170.
70.84.010
70.84.010 Declaration—Policy. The legislature
declares:
(1) It is the policy of this state to encourage and enable
the blind, the visually handicapped, the hearing impaired, and
the otherwise physically disabled to participate fully in the
social and economic life of the state, and to engage in remunerative employment.
(2) As citizens, the blind, the visually handicapped, the
hearing impaired, and the otherwise physically disabled have
the same rights as the able-bodied to the full and free use of
the streets, highways, walkways, public buildings, public
facilities, and other public places.
(3) The blind, the visually handicapped, the hearing
impaired, and the otherwise physically disabled are entitled
to full and equal accommodations, advantages, facilities, and
privileges on common carriers, airplanes, motor vehicles,
railroad trains, motor buses, street cars, boats, and all other
public conveyances, as well as in hotels, lodging places,
places of public resort, accommodation, assemblage or
amusement, and all other places to which the general public
is invited, subject only to the conditions and limitations
established by law and applicable alike to all persons. [1980
c 109 § 1; 1969 c 141 § 1.]
70.83E.020
70.83E.020 Screening criteria, training protocols—
Development of. The department of health, in consultation
with appropriate medical professionals, shall develop screening criteria for use in identifying pregnant or lactating women
addicted to drugs or alcohol who are at risk of producing a
drug-affected baby. The department shall also develop training protocols for medical professionals related to the identification and screening of women at risk of producing a drugaffected baby. [1998 c 93 § 2.]
70.83E.030
70.83E.030 Department of health—Duties. The
department of health shall investigate the feasibility of medical protocols for laboratory testing or other screening of newborn infants for exposure to alcohol or drugs. The department
of health shall consider how to improve the current system
with respect to testing, considering such variables as whether
such testing is available, its cost, which entity is currently
responsible for ordering testing, and whether testing should
be mandatory or targeted. [1998 c 93 § 3.]
Chapter 70.84 RCW
BLIND, HANDICAPPED, AND DISABLED
PERSONS—"WHITE CANE LAW"
Chapter 70.84
Sections
70.84.010
70.84.020
70.84.021
70.84.040
(2004 Ed.)
Declaration—Policy.
"Dog guide" defined.
"Service animal" defined.
Precautions for drivers of motor vehicles approaching pedestrian who is using a white cane, dog guide, or service animal.
70.84.020
70.84.020 "Dog guide" defined. For the purpose of
this chapter, the term "dog guide" means a dog that is trained
for the purpose of guiding blind persons or a dog trained for
the purpose of assisting hearing impaired persons. [1997 c
271 § 18; 1980 c 109 § 2; 1969 c 141 § 2.]
70.84.021
70.84.021 "Service animal" defined. For the purpose
of this chapter, "service animal" means an animal that is
trained for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability. [1997
c 271 § 19; 1985 c 90 § 1.]
70.84.040
70.84.040 Precautions for drivers of motor vehicles
approaching pedestrian who is using a white cane, dog
guide, or service animal. The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a
cane predominantly white in color (with or without a red tip),
a totally or partially blind or hearing impaired pedestrian
using a dog guide, or an otherwise physically disabled person
using a service animal shall take all necessary precautions to
avoid injury to such pedestrian. Any driver who fails to take
such precaution shall be liable in damages for any injury
caused such pedestrian. It shall be unlawful for the operator
of any vehicle to drive into or upon any crosswalk while there
is on such crosswalk, such pedestrian, crossing or attempting
to cross the roadway, if such pedestrian is using a white cane,
using a dog guide, or using a service animal. The failure of
any such pedestrian so to signal shall not deprive him of the
right of way accorded him by other laws. [1997 c 271 § 20;
[Title 70 RCW—page 147]
70.84.050
Title 70 RCW: Public Health and Safety
1985 c 90 § 3; 1980 c 109 § 4; 1971 ex.s. c 77 § 1; 1969 c 141
§ 4.]
70.84.050
70.84.050 Handicapped pedestrians not carrying
white cane or using dog guide—Rights and privileges. A
totally or partially blind pedestrian not carrying a white cane
or a totally or partially blind or hearing impaired pedestrian
not using a dog guide in any of the places, accommodations,
or conveyances listed in RCW 70.84.010, shall have all of the
rights and privileges conferred by law on other persons.
[1997 c 271 § 21; 1980 c 109 § 5; 1969 c 141 § 5.]
70.84.060
70.84.060 Unauthorized use of white cane, dog guide,
or service animal. It shall be unlawful for any pedestrian
who is not totally or partially blind to use a white cane or any
pedestrian who is not totally or partially blind or is not hearing impaired to use a dog guide or any pedestrian who is not
otherwise physically disabled to use a service animal in any
of the places, accommodations, or conveyances listed in
RCW 70.84.010 for the purpose of securing the rights and
privileges accorded by the chapter to totally or partially blind,
hearing impaired, or otherwise physically disabled people.
[1997 c 271 § 22; 1985 c 90 § 4; 1980 c 109 § 6; 1969 c 141
§ 6.]
70.85.100
70.85.110
70.85.120
70.85.130
Authority to isolate telephones in barricade or hostage situation—Definitions.
Telephone companies to provide contacting information.
Liability of telephone company.
Applicability.
Call to operator without charge or coin insertion be provided: RCW
80.36.225.
Fraud in operating coin-box telephone: RCW 9.26A.120.
Telecommunications companies: Chapter 80.36 RCW.
70.85.010
70.85.010 Definitions. "Party line" means a subscribers' line telephone circuit, consisting of two or more main
telephone stations connected therewith, each station with a
distinctive ring or telephone number.
"Emergency" means a situation in which property or
human life are in jeopardy and the prompt summoning of aid
is essential. [1953 c 25 § 1.]
70.85.020
70.85.020 Refusal to yield line—Penalty. Any person
who shall wilfully refuse to yield or surrender the use of a
party line to another person for the purpose of permitting
such other person to report a fire or summon police, medical
or other aid in case of emergency, shall be deemed guilty of a
misdemeanor. [1953 c 25 § 2.]
70.85.030
70.84.070
70.84.070 Penalty for violations. Any person or persons, firm or corporation, or the agent of any person or persons, firm or corporation, who denies or interferes with
admittance to or enjoyment of the public facilities enumerated in RCW 70.84.010, or otherwise interferes with the
rights of a totally or partially blind, hearing impaired, or otherwise physically disabled person as set forth in RCW
70.84.010 shall be guilty of a misdemeanor. [1985 c 90 § 5;
1980 c 109 § 7; 1969 c 141 § 7.]
70.84.080
70.84.080 Employment of blind or other handicapped persons in public service. In accordance with the
policy set forth in RCW 70.84.010, the blind, the visually
handicapped, the hearing impaired, and the otherwise physically disabled shall be employed in the state service, in the
service of the political subdivisions of the state, in the public
schools, and in all other employment supported in whole or in
part by public funds on the same terms and conditions as the
able-bodied, unless it is shown that the particular disability
prevents the performance of the work involved. [1980 c 109
§ 8; 1969 c 141 § 9.]
70.84.900
70.84.900 Short title. This chapter shall be known and
may be cited as the "White Cane Law." [1969 c 141 § 11.]
Chapter 70.85 RCW
EMERGENCY PARTY LINE TELEPHONE CALLS—
LIMITING TELEPHONE COMMUNICATION IN
HOSTAGE SITUATIONS
Chapter 70.85
Sections
70.85.010
70.85.020
70.85.030
70.85.040
Definitions.
Refusal to yield line—Penalty.
Request for line on pretext of emergency—Penalty.
Telephone directories—Notice.
[Title 70 RCW—page 148]
70.85.030 Request for line on pretext of emergency—
Penalty. Any person who shall ask for or request the use of
a party line on pretext that an emergency exists, knowing that
no emergency in fact exists, shall be deemed guilty of a misdemeanor. [1953 c 25 § 3.]
70.85.040
70.85.040 Telephone directories—Notice. After September 9, 1953, every telephone directory thereafter distributed to the members of the general public shall contain a
notice which explains this chapter, such notice to be printed
in type which is no smaller than any other type on the same
page and to be preceded by the word "warning": PROVIDED, That the provisions of this section shall not apply to
those directories distributed solely for business advertising
purposes, commonly known as classified directories. [1953 c
25 § 4.]
70.85.100
70.85.100 Authority to isolate telephones in barricade or hostage situation—Definitions. (1) The supervising law enforcement official having jurisdiction in a geographical area who reasonably believes that a person is barricaded, or one or more persons are holding another person or
persons hostage within that area may order a telephone company employee designated pursuant to RCW 70.85.110 to
arrange to cut, reroute, or divert telephone lines for the purpose of preventing telephone communications between the
barricaded person or hostage holder and any person other
than a peace officer or a person authorized by the peace
officer.
(2) As used in this section:
(a) A "hostage holder" is one who commits or attempts to
commit any of the offenses described in RCW 9A.40.020,
9A.40.030, or 9A.40.040; and
(b) A "barricaded person" is one who establishes a
perimeter around an area from which others are excluded and
either:
(2004 Ed.)
Earthquake Standards for Construction
(i) Is committing or is immediately fleeing from the
commission of a violent felony; or
(ii) Is threatening or has immediately prior threatened a
violent felony or suicide; or
(iii) Is creating or has created the likelihood of serious
harm within the meaning of chapter 71.05 RCW relating to
mental illness. [1985 c 260 § 1; 1979 c 28 § 1.]
Chapter 70.87
earthquake intensities at the location thereof in accordance
with RCW 70.86.030, unless other standards of design and
construction for earthquake resistance are prescribed by
enactments of the legislative authority of counties, special
districts, and/or municipal corporations in which the structure
is constructed. [1955 c 278 § 2.]
70.86.030
70.85.110
70.85.110 Telephone companies to provide contacting information. The telephone company providing service
within the geographical jurisdiction of a law enforcement
unit shall inform law enforcement agencies of the address
and telephone number of its security office or other designated office to provide all required assistance to law enforcement officials to carry out the purpose of RCW 70.85.100
through 70.85.130. The designation shall be in writing and
shall provide the telephone number or numbers through
which the security representative or other telephone company
official can be reached at any time. This information shall be
served upon all law enforcement units having jurisdiction in
a geographical area. Any change in address or telephone
number or identity of the telephone company office to be
contacted to provide required assistance shall be served upon
all law enforcement units in the affected geographical area.
[1979 c 28 § 2.]
70.86.030 Standards for design and construction.
Structural frames, exterior walls, and all appendages of the
buildings described in RCW 70.86.020, whose collapse will
endanger life and property shall be designed and constructed
to withstand horizontal forces from any direction of not less
than the following fractions of the weight of the structure and
its parts acting at the centers of gravity:
Western Washington 0.05. [1955 c 278 § 3.]
70.86.040
70.86.040 Penalty. Any person violating any provision
of this chapter shall be guilty of a misdemeanor: PROVIDED, That any person causing such a building to be built
shall be entitled to rely on the certificate of a licensed professional engineer and/or registered architect that the standards
of design set forth above have been met. [1955 c 278 § 4.]
Chapter 70.87
70.85.120
70.85.120 Liability of telephone company. Good faith
reliance on an order given under RCW 70.85.100 through
70.85.130 by a supervising law enforcement official shall
constitute a complete defense to any civil or criminal action
arising out of such ordered cutting, rerouting or diverting of
telephone lines. [1979 c 28 § 3.]
Sections
70.87.010
70.87.020
70.87.030
70.87.034
70.87.036
70.87.040
70.85.130
70.85.130 Applicability. RCW 70.85.100 through
70.85.120 will govern notwithstanding the provisions of any
other section of this chapter and notwithstanding the provisions of chapter 9.73 RCW. [1979 c 28 § 4.]
Chapter 70.86 RCW
EARTHQUAKE STANDARDS FOR CONSTRUCTION
Chapter 70.86
(Formerly: Earthquake resistance standards)
70.87.050
70.87.060
70.87.070
70.87.080
70.87.090
70.87.100
70.87.110
70.87.120
Sections
70.86.010
70.86.020
70.86.030
70.86.040
Definitions.
Buildings to resist earthquake intensities.
Standards for design and construction.
Penalty.
70.87.125
70.87.140
70.87.145
70.86.010
70.86.010 Definitions. The word "person" includes any
individual, corporation, or group of two or more individuals
acting together for a common purpose, whether acting in an
individual, representative, or official capacity. [1955 c 278 §
1.]
70.86.020
70.86.020 Buildings to resist earthquake intensities.
Hospitals, schools, except one story, portable, frame school
buildings, buildings designed or constructed as places of
assembly accommodating more than three hundred persons;
and all structures owned by the state, county, special districts,
or any municipal corporation within the state of Washington
shall hereafter be designed and constructed to resist probable
(2004 Ed.)
Chapter 70.87 RCW
ELEVATORS, LIFTING DEVICES,
AND MOVING WALKS
70.87.170
70.87.180
70.87.185
70.87.190
70.87.200
70.87.205
70.87.210
70.87.220
70.87.230
70.87.240
70.87.245
70.87.250
Definitions.
Conveyances to be safe and in conformity with law.
Rules.
Additional powers of department.
Powers of attorney general.
Privately and publicly owned conveyances are subject to chapter.
Conveyances in buildings occupied by state, county, or political subdivision.
Responsibility for operation and maintenance of equipment
and for periodic tests.
Serial numbers.
Permits—When required—Application for—Posting.
Operating permits—Limited permits—Duration—Posting.
Conveyance work to be performed by elevator contractors—
Acceptance tests—Inspections.
Exceptions authorized.
Inspectors—Inspections and reinspections—Suspension or
revocation of permit—Order to discontinue use—Penalties—Investigation by department.
Suspension or revocation of license or permit—Grounds—
Notice—Stay of suspension or revocation—Removal of suspension or reinstatement of license or permit.
Operation without permit enjoinable.
Order to discontinue operation—Notice—Conditions—Contents of order—Recision of order—Violation—Penalty—
Random inspections.
Review of department action in accordance with administrative procedure act.
Violations.
Penalty for violation of chapter—Rules—Notice.
Accidents—Report and investigation—Cessation of use—
Removal of damaged parts.
Exemptions.
Resolution of disputes by arbitration—Appointment of arbitrators—Procedure—Decision—Enforcement.
Disposition of revenue.
Elevator safety advisory committee.
Conveyance work—Who may perform.
Elevator contractor license, elevator mechanic license—Qualifications—Reciprocity.
Material lift mechanic license.
Licenses—Renewals—Fees—Temporary licenses—Continuing education—Records.
[Title 70 RCW—page 149]
70.87.010
70.87.260
70.87.270
70.87.280
70.87.290
70.87.305
70.87.900
Title 70 RCW: Public Health and Safety
Liability not limited or assumed by state.
Exemptions from licensure.
License categories—Rules.
Rules—Effective date.
Private residence conveyances—Licensing requirements—
Rules.
Severability.
State building code: Chapter 19.27 RCW.
70.87.010
70.87.010 Definitions. For the purposes of this chapter,
except where a different interpretation is required by the context:
(1) "Owner" means any person having title to or control
of a conveyance, as guardian, trustee, lessee, or otherwise;
(2) "Conveyance" means an elevator, escalator, dumbwaiter, belt manlift, automobile parking elevator, moving
walk, and other elevating devices, as defined in this section;
(3) "Existing installations" means an installation defined
as an "installation, existing" in this chapter or in rules adopted
under this chapter;
(4) "Elevator" means a hoisting or lowering machine
equipped with a car or platform that moves in guides and
serves two or more floors or landings of a building or structure;
(a) "Passenger elevator" means an elevator (i) on which
passengers are permitted to ride and (ii) that may be used to
carry freight or materials when the load carried does not
exceed the capacity of the elevator;
(b) "Freight elevator" means an elevator (i) used primarily for carrying freight and (ii) on which only the operator,
the persons necessary for loading and unloading, and other
employees approved by the department are permitted to ride;
(c) "Sidewalk elevator" means a freight elevator that: (i)
Operates between a sidewalk or other area outside the building and floor levels inside the building below the outside
area, (ii) does not have a landing opening into the building at
its upper limit of travel, and (iii) is not used to carry automobiles;
(d) "Hand elevator" means an elevator utilizing manual
energy to move the car;
(e) "Inclined elevator" means an elevator that travels at
an angle of inclination of seventy degrees or less from the
horizontal;
(f) "Multideck elevator" means an elevator having two or
more compartments located one immediately above the
other;
(g) "Observation elevator" means an elevator designed to
permit exterior viewing by passengers while the car is traveling;
(h) "Power elevator" means an elevator utilizing energy
other than gravitational or manual to move the car;
(i) "Electric elevator" means an elevator where the
energy is applied by means of an electric driving machine;
(j) "Hydraulic elevator" means an elevator where the
energy is applied by means of a liquid under pressure in a cylinder equipped with a plunger or piston;
(k) "Direct-plunger hydraulic elevator" means a hydraulic elevator having a plunger or cylinder directly attached to
the car frame or platform;
(l) "Electro-hydraulic elevator" means a direct-plunger
elevator where liquid is pumped under pressure directly into
the cylinder by a pump driven by an electric motor;
[Title 70 RCW—page 150]
(m) "Maintained-pressure hydraulic elevator" means a
direct-plunger elevator where liquid under pressure is available at all times for transfer into the cylinder;
(n) "Roped hydraulic elevator" means a hydraulic elevator having its plunger or piston connected to the car with wire
ropes or indirectly coupled to the car by means of wire ropes
and sheaves;
(o) "Rack and pinion elevator" means a power elevator,
with or without a counterweight, that is supported, raised, and
lowered by a motor or motors that drive a pinion or pinions
on a stationary rack mounted in the hoistway;
(p) "Screw column elevator" means a power elevator
having an uncounterweighted car that is supported, raised,
and lowered by means of a screw thread;
(q) "Rooftop elevator" means a power passenger or
freight elevator that operates between a landing at roof level
and one landing below and opens onto the exterior roof level
of a building through a horizontal opening;
(r) "Special purpose personnel elevator" means an elevator that is limited in size, capacity, and speed, and permanently installed in structures such as grain elevators, radio
antenna, bridge towers, underground facilities, dams, power
plants, and similar structures to provide vertical transportation of authorized personnel and their tools and equipment
only;
(s) "Workmen's construction elevator" means an elevator
that is not part of the permanent structure of a building and is
used to raise and lower workers and other persons connected
with, or related to, the building project;
(t) "Boat launching elevator" means a conveyance that
serves a boat launching structure and a beach or water surface
and is used for the carrying or handling of boats in which people ride;
(u) "Limited-use/limited-application elevator" means a
power passenger elevator where the use and application is
limited by size, capacity, speed, and rise, intended principally
to provide vertical transportation for people with physical
disabilities;
(5) "Escalator" means a power-driven, inclined, continuous stairway used for raising and lowering passengers;
(6) "Dumbwaiter" means a hoisting and lowering mechanism equipped with a car (a) that moves in guides in a substantially vertical direction, (b) the floor area of which does
not exceed nine square feet, (c) the inside height of which
does not exceed four feet, (d) the capacity of which does not
exceed five hundred pounds, and (e) that is used exclusively
for carrying materials;
(7) "Automobile parking elevator" means an elevator:
(a) Located in either a stationary or horizontally moving
hoistway; (b) used exclusively for parking automobiles
where, during the parking process, each automobile is moved
either under its own power or by means of a power-driven
transfer device onto and off the elevator directly into parking
spaces or cubicles in line with the elevator; and (c) in which
persons are not normally stationed on any level except the
receiving level;
(8) "Moving walk" means a passenger carrying device
(a) on which passengers stand or walk and (b) on which the
passenger carrying surface remains parallel to its direction of
motion;
(2004 Ed.)
Elevators, Lifting Devices, and Moving Walks
(9) "Belt manlift" means a power driven endless belt provided with steps or platforms and a hand hold for the transportation of personnel from floor to floor;
(10) "Department" means the department of labor and
industries;
(11) "Director" means the director of the department or
his or her representative;
(12) "Inspector" means an elevator inspector of the
department or an elevator inspector of a municipality having
in effect an elevator ordinance pursuant to RCW 70.87.200;
(13) "Permit" means a permit issued by the department:
(a) To perform conveyance work, other than maintenance; or
(b) to operate a conveyance;
(14) "Person" means this state, a political subdivision,
any public or private corporation, any firm, or any other
entity as well as an individual;
(15) "One-man capacity manlift" means a single passenger, hand-powered counterweighted device, or electric-powered device, that travels vertically in guides and serves two or
more landings;
(16) "Private residence conveyance" means a conveyance installed in or on the premises of a single-family dwelling and operated for transporting persons or property from
one elevation to another;
(17) "Material hoist" means a hoist that is not a part of a
permanent structure used to raise or lower materials during
construction, alteration, or demolition. It is not applicable to
the temporary use of permanently installed personnel elevators as material hoists;
(18) "Material lift" means a lift that (a) is permanently
installed, (b) is comprised of a car or platform that moves in
guides, (c) serves two or more floors or landings, (d) travels
in a vertical or inclined position, (e) is an isolated, self-contained lift, (f) is not part of a conveying system, and (g) is
installed in a commercial or industrial area not accessible to
the general public or intended to be operated by the general
public;
(19) "Casket lift" means a lift that (a) is installed at a
mortuary, (b) is designed exclusively for carrying of caskets,
(c) moves in guides in a basically vertical direction, and (d)
serves two or more floors or landings;
(20) "Wheelchair lift" means a lift that travels in a vertical or inclined direction and is designed for use by physically
handicapped persons;
(21) "Stairway chair lift" means a lift that travels in a
basically inclined direction and is designed for use by physically handicapped persons;
(22) "Personnel hoist" means a hoist that is not a part of
a permanent structure, is installed inside or outside buildings
during construction, alteration, or demolition, and used to
raise or lower workers and other persons connected with, or
related to, the building project. The hoist may also be used
for transportation of materials;
(23) "Advisory committee" means the elevator advisory
committee as described in this chapter;
(24) "Elevator helper/apprentice" means a person who
works under the general direction of a licensed elevator
mechanic. A license is not required to be an elevator
helper/apprentice;
(25) "Elevator contractor" means any person, firm, or
company that possesses an elevator contractor license in
(2004 Ed.)
70.87.020
accordance with this chapter and who is engaged in the business of performing conveyance work covered by this chapter;
(26) "Elevator mechanic" means any person who possesses an elevator mechanic license in accordance with this
chapter and who is engaged in performing conveyance work
covered by this chapter;
(27) "License" means a written license, duly issued by
the department, authorizing a person, firm, or company to
carry on the business of performing conveyance work or to
perform conveyance work covered by this chapter;
(28) "Elevator contractor license" means a license that is
issued to an elevator contractor who has met the qualification
requirements established in RCW 70.87.240;
(29) "Elevator mechanic license" means a license that is
issued to a person who has met the qualification requirements
established in RCW 70.87.240;
(30) "Licensee" means the elevator mechanic or elevator
contractor;
(31) "Conveyance work" means the alteration, construction, dismantling, erection, installation, maintenance, relocation, and wiring of a conveyance;
(32) "Alteration" means any change to equipment,
including its parts, components, and/or subsystems, other
than maintenance, repair, or replacement;
(33) "Maintenance" means a process of routine examination, lubrication, cleaning, servicing, and adjustment of parts,
components, and/or subsystems for the purpose of ensuring
performance in accordance with this chapter. "Maintenance"
includes repair and replacement, but not alteration;
(34) "Repair" means the reconditioning or renewal of
parts, components, and/or subsystems necessary to keep
equipment in compliance with this chapter;
(35) "Replacement" means the substitution of a device,
component, and/or subsystem in its entirety with a unit that is
basically the same as the original for the purpose of ensuring
performance in accordance with this chapter;
(36) "Public agency" means a county, incorporated city
or town, municipal corporation, state agency, institution of
higher education, political subdivision, or other public
agency and includes any department, bureau, office, board,
commission or institution of such public entities;
(37) "Platform" means a rigid surface that is maintained
in a horizontal position at all times when in use, and upon
which passengers stand or a load is carried. [2003 c 143 § 9;
2002 c 98 § 1; 1998 c 137 § 1; 1997 c 216 § 1; 1983 c 123 §
1; 1973 1st ex.s. c 52 § 9; 1969 ex.s. c 108 § 1; 1963 c 26 § 1.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
Effective date—1973 1st ex.s. c 52: See note following RCW
43.22.010.
70.87.020
70.87.020 Conveyances to be safe and in conformity
with law. (1) The purpose of this chapter is to provide for
safety of life and limb, to promote safety awareness, and to
ensure the safe design, mechanical and electrical operation,
and inspection of conveyances, and performance of conveyance work, and all such operation, inspection, and conveyance work subject to the provisions of this chapter shall be
reasonably safe to persons and property and in conformity
with the provisions of this chapter and the applicable statutes
of the state of Washington, and all orders, and rules of the
[Title 70 RCW—page 151]
70.87.030
Title 70 RCW: Public Health and Safety
department. The use of unsafe and defective conveyances
imposes a substantial probability of serious and preventable
injury to employees and the public exposed to unsafe conditions. The prevention of these injuries and protection of
employees and the public from unsafe conditions is in the
best interest of the people of this state. Personnel performing
work covered by this chapter must, by documented training
or experience or both, be familiar with the operation and
safety functions of the components and equipment. Training
and experience must include, but not be limited to, recognizing the safety hazards and performing the procedures to
which the personnel performing conveyance work covered
by this chapter are assigned in conformance with the requirements of this chapter. This chapter establishes the minimum
standards for personnel performing conveyance work.
(2) This chapter is not intended to prevent the use of systems, methods, or devices of equivalent or superior quality,
strength, fire resistance, code effectiveness, durability, and
safety to those required by this chapter, provided that there is
technical documentation to demonstrate the equivalency of
the system, method, or device, as prescribed in this chapter
and the rules adopted under this chapter.
(3) In any suit for damages allegedly caused by a failure
or malfunction of the conveyance, conformity with the rules
of the department is prima facie evidence that the conveyance
work, operation, and inspection is reasonably safe to persons
and property. [2003 c 143 § 10; 2002 c 98 § 2; 1983 c 123 §
2; 1963 c 26 § 2.]
Part headings and captions not law—2003 c 143: "Part headings and
captions used in this act are not any part of the law." [2003 c 143 § 23.]
Effective date—2003 c 143: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2003]." [2003 c 143 § 24.]
70.87.030
70.87.030 Rules. The department shall adopt rules governing the mechanical and electrical operation, acceptance
tests, conveyance work, operation, and inspection that are
necessary and appropriate and shall also adopt minimum
standards governing existing installations. In the execution
of this rule-making power and before the adoption of rules,
the department shall consider the rules for safe conveyance
work, operation, and inspection, including the American
National Standards Institute Safety Code for Personnel and
Material Hoists, the American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, and Escalators, and any amendatory or supplemental provisions thereto.
The department by rule shall establish a schedule of fees to
pay the costs incurred by the department for the work related
to administration and enforcement of this chapter. Nothing in
this chapter limits the authority of the department to prescribe
or enforce general or special safety orders as provided by
law.
The department may consult with: Engineering authorities and organizations concerned with standard safety codes;
rules and regulations governing conveyance work, operation,
and inspection; and the qualifications that are adequate, reasonable, and necessary for the elevator mechanic, contractor,
and inspector. [2003 c 143 § 11; 2002 c 98 § 3; 1998 c 137 §
2; 1994 c 164 § 28; 1983 c 123 § 3; 1973 1st ex.s. c 52 § 10;
1971 c 66 § 1; 1970 ex.s. c 22 § 1; 1963 c 26 § 3.]
[Title 70 RCW—page 152]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
Effective date—1973 1st ex.s. c 52: See note following RCW
43.22.010.
70.87.034
70.87.034 Additional powers of department. The
department also has the following powers:
(1) The department may adopt any rules necessary or
helpful for the department to implement and enforce this
chapter.
(2) The director may issue subpoenas for the production
of persons, papers, or information in all proceedings and
investigations within the scope of this chapter. If a person
refuses to obey a subpoena, the director, through the attorney
general, may ask the superior court to order the person to
obey the subpoena.
(3) The director may take the oral or written testimony of
any person. The director has the power to administer oaths.
(4) The director may make specific decisions, cease and
desist orders, other orders, and rulings, including demands
and findings. [1983 c 123 § 19.]
70.87.036
70.87.036 Powers of attorney general. On request of
the department, the attorney general may:
(1) File suit to collect a penalty assessed by the department;
(2) Seek a civil injunction, show cause order, or contempt order against the person who repeatedly violates a provision of this chapter;
(3) Seek an ex parte inspection warrant if the person
refuses to allow the department to inspect a conveyance;
(4) File suit asking the court to enforce a cease and desist
order or a subpoena issued by the director under this chapter;
and
(5) Take any other legal action appropriate and necessary
for the enforcement of the provisions of this chapter.
All suits shall be brought in the district or superior court
of the district or county in which the defendant resides or
transacts business. In any suit or other legal action, the
department may ask the court to award costs and attorney's
fees. If the department prevails, the court shall award the
appropriate costs and attorney's fees. [1983 c 123 § 20.]
70.87.040
70.87.040 Privately and publicly owned conveyances
are subject to chapter. All privately owned and publicly
owned conveyances are subject to the provisions of this chapter except as specifically excluded by this chapter. [1983 c
123 § 4; 1963 c 26 § 4.]
70.87.050
70.87.050 Conveyances in buildings occupied by
state, county, or political subdivision. The conveyance
work on, and the operation and inspection of any conveyance
located in, or used in connection with, any building owned by
the state, a county, or a political subdivision, other than those
located within and owned by a city having an elevator code,
shall be under the jurisdiction of the department. [2003 c 143
§ 12; 2002 c 98 § 4; 1983 c 123 § 5; 1969 ex.s. c 108 § 2;
1963 c 26 § 5.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
(2004 Ed.)
Elevators, Lifting Devices, and Moving Walks
70.87.060
70.87.060 Responsibility for operation and maintenance of equipment and for periodic tests. (1) The person,
elevator contractor, or public agency performing conveyance
work is responsible for operation and maintenance of the
conveyance until the department has issued an operating permit for the conveyance, except during the period when a limited operating permit in accordance with RCW 70.87.090(2)
is in effect, and is also responsible for all tests of a new, relocated, or altered conveyance until the department has issued
an operating permit for the conveyance.
(2) The owner or his or her duly appointed agent shall be
responsible for the safe operation and proper maintenance of
the conveyance after the department has issued the operating
permit and also during the period of effectiveness of any limited operating permit in accordance with RCW 70.87.090(2).
The owner shall be responsible for all periodic tests required
by the department. [2003 c 143 § 13; 1983 c 123 § 6; 1963 c
26 § 6.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.070
70.87.070 Serial numbers. All new and existing conveyances shall have a serial number painted on or attached as
directed by the department. This serial number shall be
assigned by the department and shown on all required permits. [1983 c 123 § 7; 1963 c 26 § 7.]
70.87.080
70.87.080 Permits—When required—Application
for—Posting. (1) A permit shall be obtained from the
department before performing work, other than maintenance,
on a conveyance under the jurisdiction of the department.
(2) The installer of the conveyance shall submit an application for the permit in duplicate, in a form that the department may prescribe.
(3) The permit issued by the department shall be kept
posted conspicuously at the site of installation.
(4) A permit is not required for maintenance.
(5) After the effective date of rules adopted under this
chapter establishing licensing requirements, the department
may issue a permit for conveyance work only to an elevator
contractor unless the permit is for conveyance work on private residence conveyances. After July 1, 2004, the department may not issue a permit for conveyance work on private
residence conveyances to a person other than an elevator contractor. [2003 c 143 § 14; 1983 c 123 § 8; 1963 c 26 § 8.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.090
70.87.090 Operating permits—Limited permits—
Duration—Posting. (1) An operating permit is required for
each conveyance operated in the state of Washington except
during its erection by the person or firm responsible for its
installation. A permit issued by the department shall be kept
conspicuously posted near the conveyance.
(2) The department may permit the temporary use of a
conveyance during its installation or alteration, under the
authority of a limited permit issued by the department for
each class of service. Limited permits shall be issued for a
period not to exceed thirty days and may be renewed at the
discretion of the department. This limited-use permit is to
provide transportation for construction personnel, tools, and
(2004 Ed.)
70.87.120
materials only. Where a limited permit is issued, a notice
bearing the information that the equipment has not been
finally approved shall be conspicuously posted. [1998 c 137
§ 3; 1983 c 123 § 9; 1963 c 26 § 9.]
70.87.100
70.87.100 Conveyance work to be performed by elevator contractors—Acceptance tests—Inspections. (1)
All conveyance installations, relocations, or alterations must
be performed by an elevator contractor employing an elevator mechanic.
(2) The elevator contractor employing an elevator
mechanic performing such conveyance work shall notify the
department before completion of the work, and shall subject
the new, moved, or altered portions of the conveyance to the
acceptance tests.
(3) All new, altered, or relocated conveyances for which
a permit has been issued, shall be inspected for compliance
with the requirements of this chapter by an authorized representative of the department. The authorized representative
shall also witness the test specified. [2003 c 143 § 15; 2002
c 98 § 5; 1983 c 123 § 11; 1963 c 26 § 10.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.110
70.87.110 Exceptions authorized. The requirements of
this chapter are intended to apply to all conveyances except
as modified or waived by the department. They are intended
to be modified or waived whenever any requirements are
shown to be impracticable, such as involving expense not justified by the protection secured. However, the department
shall not allow the modification or waiver unless equivalent
or safer construction is secured in other ways. An exception
applies only to the installation covered by the application for
waiver. [1983 c 123 § 12; 1963 c 26 § 11.]
70.87.120
70.87.120 Inspectors—Inspections and reinspections—Suspension or revocation of permit—Order to discontinue use—Penalties—Investigation by department.
(1) The department shall appoint and employ inspectors, as
may be necessary to carry out the provisions of this chapter,
under the provisions of the rules adopted by the Washington
personnel resources board in accordance with chapter 41.06
RCW.
(2)(a) Except as provided in (b) of this subsection, the
department shall cause all conveyances to be inspected and
tested at least once each year. Inspectors have the right during
reasonable hours to enter into and upon any building or premises in the discharge of their official duties, for the purpose
of making any inspection or testing any conveyance contained thereon or therein. Inspections and tests shall conform
with the rules adopted by the department. The department
shall inspect all installations before it issues any initial permit
for operation. Permits shall not be issued until the fees
required by this chapter have been paid.
(b)(i) Private residence conveyances operated exclusively for single-family use shall be inspected and tested only
when required under RCW 70.87.100 or as necessary for the
purposes of subsection (4) of this section and shall be exempt
from RCW 70.87.090 unless an annual inspection and operating permit are requested by the owner.
[Title 70 RCW—page 153]
70.87.125
Title 70 RCW: Public Health and Safety
(ii) The department may perform additional inspections
of a private residence conveyance at the request of the owner
of the conveyance. Fees for these inspections shall be in
accordance with the schedule of fees adopted for operating
permits pursuant to RCW 70.87.030. An inspection requested
under this subsection (2)(b)(ii) shall not be performed until
the required fees have been paid.
(3) If inspection shows a conveyance to be in an unsafe
condition, the department shall issue an inspection report in
writing requiring the repairs or alterations to be made to the
conveyance that are necessary to render it safe and may also
suspend or revoke a permit pursuant to RCW 70.87.125 or
order the operation of a conveyance discontinued pursuant to
RCW 70.87.145.
(a) A penalty may be assessed under RCW 70.87.185 for
failure to correct a violation within ninety days after the
owner is notified in writing of inspection results.
(b) The owner may be assessed a penalty under RCW
70.87.185 for failure to submit official notification in writing
to the department that all corrections have been completed.
(4) The department may investigate accidents and
alleged or apparent violations of this chapter. [1998 c 137 §
4; 1997 c 216 § 2; 1993 c 281 § 61; 1983 c 123 § 13; 1970
ex.s. c 22 § 2; 1963 c 26 § 12.]
Effective date—1993 c 281: See note following RCW 41.06.022.
70.87.125
70.87.125 Suspension or revocation of license or permit—Grounds—Notice—Stay of suspension or revocation—Removal of suspension or reinstatement of license
or permit. (1) A license issued under this chapter may be
suspended, revoked, or subject to civil penalty by the department upon verification that any one or more of the following
reasons exist:
(a) Any false statement as to a material matter in the
application;
(b) Fraud, misrepresentation, or bribery in securing a
license;
(c) Failure to notify the department and the owner or lessee of a conveyance or related mechanisms of any condition
not in compliance with this chapter;
(d) A violation of any provisions of this chapter; and
(e) If the elevator contractor does not employ an individual designated as the primary point of contact with the department and who has successfully completed the elevator contractor examination. In the case of a separation of employment, termination of this relationship or designation, or death
of the designated individual, the elevator contractor must,
within ninety days, designate a new individual who has successfully completed the elevator contractor examination.
(2) The department may suspend or revoke a permit if:
(a) The permit was obtained through fraud or by error if,
in the absence of error, the department would not have issued
the permit;
(b) The conveyance for which the permit was issued has
not been worked on in accordance with this chapter; or
(c) The conveyance has become unsafe.
(3) The department shall suspend any license issued
under this chapter promptly after receiving notice from the
department of social and health services that the holder of the
license has been certified pursuant to RCW 74.20A.320 as a
[Title 70 RCW—page 154]
person who is not in compliance with a support order. If the
person has continued to meet all other license requirements
during the suspension, reissuance of the license shall be automatic upon the department's receipt of a release issued by the
department of social and health services stating that the person is in compliance with the order.
(4) The department shall notify in writing the owner, licensee, or person performing conveyance work, of its action
and the reason for the action. The department shall send the
notice by certified mail to the last known address of the
owner or person. The notice shall inform the owner or person
that a hearing may be requested pursuant to RCW 70.87.170.
(5)(a) If the department has suspended or revoked a permit or license because of fraud or error, and a hearing is
requested, the suspension or revocation shall be stayed until
the hearing is concluded and a decision is issued.
(b) If the department has revoked or suspended a license
because the licensee performing the work covered by this
chapter is working in a manner that does not effectively prevent injuries or deaths or protect employees and the public
from unsafe conditions as is required by this chapter, the suspension or revocation is effective immediately and shall not
be stayed by a request for a hearing.
(c) If the department has revoked or suspended a permit
because the conveyance is unsafe or the conveyance work is
not permitted and performed in accordance with this chapter,
the suspension or revocation is effective immediately and
shall not be stayed by a request for a hearing.
(6) The department must remove a suspension or reinstate a revoked license if the licensee pays all the assessed
civil penalties and is able to demonstrate to the department
that the licensee has met all the qualifications established by
this chapter.
(7) The department shall remove a suspension or reinstate a revoked permit if a conveyance is repaired or modified
to bring it into compliance with this chapter. [2003 c 143 §
16; 2002 c 98 § 6; 1983 c 123 § 10.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.140 Operation without permit enjoinable.
Whenever any conveyance is being operated without a permit
required by this chapter, the attorney general or the prosecuting attorney of the county may apply to the superior court of
the county in which the conveyance is located for a temporary restraining order or a temporary or permanent injunction
restraining the operation of the conveyance until the department issues a permit for the conveyance. No bond may be
required from the department in such proceedings. [1983 c
123 § 14; 1963 c 26 § 14.]
70.87.140
70.87.145 Order to discontinue operation—Notice—
Conditions—Contents of order—Recision of order—Violation—Penalty—Random inspections. (1) An authorized
representative of the department may order the owner or person operating a conveyance to discontinue the operation of a
conveyance, and may place a notice that states that the conveyance may not be operated on a conspicuous place in the
conveyance, if:
(a) The conveyance work has not been permitted and
performed in accordance with this chapter; or
70.87.145
(2004 Ed.)
Elevators, Lifting Devices, and Moving Walks
(b) The conveyance has otherwise become unsafe.
The order is effective immediately, and shall not be stayed by
a request for a hearing.
(2) The department shall prescribe a form for the order to
discontinue operation. The order shall specify why the conveyance violates this chapter or is otherwise unsafe, and shall
inform the owner or operator that he or she may request a
hearing pursuant to RCW 70.87.170. A request for a hearing
does not stay the effect of the order.
(3) The department shall rescind the order to discontinue
operation if the conveyance is fixed or modified to bring it
into compliance with this chapter.
(4) An owner or a person that knowingly operates or
allows the operation of a conveyance in contravention of an
order to discontinue operation, or removes a notice not to
operate, is:
(a) Guilty of a misdemeanor; and
(b) Subject to a civil penalty under RCW 70.87.185.
(5) The department may conduct random on-site inspections and tests on existing installations, witnessing periodic
inspections and testing in order to ensure satisfactory conveyance work by persons, firms, or companies performing conveyance work, and assist in development of public awareness
programs. [2003 c 143 § 17; 2002 c 98 § 7; 1983 c 123 § 15.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.200
(2) The performance of conveyance work, other than the
maintenance of conveyances as specified in RCW 70.87.270,
without a license by any person is a misdemeanor. Each day
of violation is a separate offense. A prosecution may not be
maintained if a person has requested the issuance or renewal
of a license but the department has not acted. [2003 c 143 §
19; 2002 c 98 § 9; 1983 c 123 § 17; 1963 c 26 § 18.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.185
70.87.185 Penalty for violation of chapter—Rules—
Notice. (1) The department may assess a penalty against a
person violating a provision of this chapter. The penalty shall
be not more than five hundred dollars. Each day that the violation continues is a separate violation and is subject to a separate penalty.
(2) The department may not assess a penalty until it
adopts rules describing the method it will use to calculate
penalties for various violations.
(3) The department shall notify the violator of its action,
and the reasons for its action, in writing. The department shall
send the notice by certified mail to the violator's last known
address. The notice shall inform the violator that a hearing
may be requested under RCW 70.87.170. The hearing shall
not stay the effect of the penalty. [1983 c 123 § 18.]
70.87.190
70.87.170
70.87.170 Review of department action in accordance with administrative procedure act. (1) Any person
aggrieved by an order or action of the department denying,
suspending, revoking, or refusing to renew a permit or
license; assessing a penalty for a violation of this chapter; or
ordering the operation of a conveyance to be discontinued,
may request a hearing within fifteen days after notice of the
department's order or action is received. The date the hearing
was requested shall be the date the request for hearing was
postmarked. The party requesting the hearing must accompany the request with a certified or cashier's check for two
hundred dollars payable to the department. The department
shall refund the two hundred dollars if the party requesting
the hearing prevails at the hearing; otherwise, the department
shall retain the two hundred dollars.
If the department does not receive a timely request for
hearing, the department's order or action is final and may not
be appealed.
(2) If the aggrieved party requests a hearing, the department shall ask an administrative law judge to preside over the
hearing. The hearing shall be conducted in accordance with
chapter 34.05 RCW. [2003 c 143 § 18; 2002 c 98 § 8; 1983 c
123 § 16; 1963 c 26 § 17.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.180
70.87.180 Violations. (1) The performance of conveyance work, other than maintenance, or the operation of a conveyance without a permit by any person owning or having the
custody, management, or operation thereof, except as provided in RCW 70.87.080 and 70.87.090, is a misdemeanor.
Each day of violation is a separate offense. A prosecution
may not be maintained if a person has requested the issuance
or renewal of a permit but the department has not acted.
(2004 Ed.)
70.87.190 Accidents—Report and investigation—
Cessation of use—Removal of damaged parts. The owner
or the owner's duly authorized agent shall promptly notify the
department of each accident to a person requiring the service
of a physician or resulting in a disability exceeding one day,
and shall afford the department every facility for investigating and inspecting the accident. The department shall without
delay, after being notified, make an inspection and shall place
on file a full and complete report of the accident. The report
shall give in detail all material facts and information available and the cause or causes, so far as they can be determined.
The report shall be open to public inspection at all reasonable
hours. When an accident involves the failure or destruction of
any part of the construction or the operating mechanism of a
conveyance, the use of the conveyance is forbidden until it
has been made safe; it has been reinspected and any repairs,
changes, or alterations have been approved by the department; and a permit has been issued by the department. The
removal of any part of the damaged construction or operating
mechanism from the premises is forbidden until the department grants permission to do so. [1983 c 123 § 21; 1963 c 26
§ 19.]
70.87.200
70.87.200 Exemptions. (1) The provisions of this chapter do not apply where:
(a) A conveyance is permanently removed from service
or made effectively inoperative; or
(b) Lifts, man hoists, or material hoists are erected temporarily for use during construction work only and are of
such a design that they must be operated by a workman stationed at the hoisting machine.
(2) Except as limited by RCW 70.87.050, municipalities
having in effect an elevator code prior to June 13, 1963 may
continue to assume jurisdiction over conveyance work and
[Title 70 RCW—page 155]
70.87.205
Title 70 RCW: Public Health and Safety
may inspect, issue permits, collect fees, and prescribe minimum requirements for conveyance work and operation if the
requirements are equal to the requirements of this chapter and
to all rules pertaining to conveyances adopted and administered by the department. Upon the failure of a municipality
having jurisdiction over conveyances to carry out the provisions of this chapter with regard to a conveyance, the department may assume jurisdiction over the conveyance. If a
municipality elects not to maintain jurisdiction over certain
conveyances located therein, it may enter into a written
agreement with the department transferring exclusive jurisdiction of the conveyances to the department. The city may
not reassume jurisdiction after it enters into such an agreement with the department. [2003 c 143 § 20; 1983 c 123 § 22;
1969 ex.s. c 108 § 4; 1963 c 26 § 20.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.205
70.87.205 Resolution of disputes by arbitration—
Appointment of arbitrators—Procedure—Decision—
Enforcement. (1) Disputes arising under RCW 70.87.200(2)
shall be resolved by arbitration. The request shall be sent by
certified mail.
(2) The department shall appoint one arbitrator; the
municipality shall appoint one arbitrator; and the arbitrators
chosen by the department and the municipality shall appoint
the third arbitrator. If the two arbitrators cannot agree on the
third arbitrator, the presiding judge of the Thurston county
superior court, or his or her designee, shall appoint the third
arbitrator.
(3) The arbitration shall be held pursuant to the procedures in chapter 7.04 RCW, except that RCW 7.04.220 shall
not apply. The decision of the arbitrators is final and binding
on the parties. Neither party may appeal a decision to any
court.
(4) A party may petition the Thurston county superior
court to enforce a decision of the arbitrators. [1983 c 123 §
23.]
70.87.210
70.87.210 Disposition of revenue. All moneys
received or collected under the terms of this chapter shall be
deposited in the general fund. [1963 c 26 § 21.]
70.87.220
70.87.220 Elevator safety advisory committee. (1)
The department may adopt the rules necessary to establish
and administer the elevator safety advisory committee. The
purpose of the advisory committee is to advise the department on the adoption of rules that apply to conveyances;
methods of enforcing and administering this chapter; and
matters of concern to the conveyance industry and to the individual installers, owners, and users of conveyances.
(2) The advisory committee shall consist of seven persons. The director of the department or his or her designee
with the advice of the chief elevator inspector shall appoint
the committee members as follows:
(a) One representative of licensed elevator contractors;
(b) One representative of elevator mechanics licensed to
perform all types of conveyance work;
(c) One representative of owner-employed mechanics
exempt from licensing requirements under RCW 70.87.270;
[Title 70 RCW—page 156]
(d) One registered architect or professional engineer representative;
(e) One building owner or manager representative;
(f) One registered general commercial contractor representative; and
(g) One ad hoc member representing a municipality
maintaining jurisdiction of conveyances in accordance with
RCW 70.87.210 [70.87.200].
(3) The committee members shall serve terms of four
years.
(4) The committee shall meet on the third Tuesday of
February, May, August, and November of each year, and at
other times at the discretion of the chief elevator inspector.
The committee members shall serve without per diem or
travel expenses.
(5) The chief elevator inspector shall be the secretary for
the advisory committee. [2003 c 143 § 7; 2002 c 98 § 11.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.230
70.87.230 Conveyance work—Who may perform.
Except as provided in RCW 70.87.270, a person may not perform conveyance work within the state unless he or she is an
elevator mechanic who is regularly employed by and is working: (1) For an owner exempt from licensing requirements
under RCW 70.87.270 and performing maintenance; (2) for a
public agency performing maintenance; or (3) under the
direct supervision of an elevator contractor. A person, firm,
public agency, or company is not required to be an elevator
contractor for removing or dismantling conveyances that are
destroyed as a result of a complete demolition of a secured
building or structure or where the building is demolished
back to the basic support structure whereby no access is permitted therein to endanger the safety and welfare of a person.
[2003 c 143 § 1; 2002 c 98 § 10.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.240
70.87.240 Elevator contractor license, elevator
mechanic license—Qualifications—Reciprocity. (1) Any
person, firm, public agency, or company wishing to engage in
the business of performing conveyance work within the state
must apply for an elevator contractor license with the department on a form provided by the department and be a registered general or specialty contractor under chapter 18.27
RCW.
(2) Except as provided by RCW 70.87.270, any person
wishing to perform conveyance work within the state must
apply for an elevator mechanic license with the department
on a form provided by the department.
(3) An elevator contractor license may not be granted to
any person or firm who does not possess the following qualifications:
(a) Five years' experience performing conveyance work,
as verified by current and previous elevator contractors
licensed to do business; or
(b) Satisfactory completion of a written examination
administered by the department on this chapter and the rules
adopted under this chapter.
(4) Except as provided in subsection (5) of this section,
RCW 70.87.305, and 70.87.245, an elevator mechanic
(2004 Ed.)
Elevators, Lifting Devices, and Moving Walks
license may not be granted to any person who does not possess the following qualifications:
(a) An acceptable combination of documented experience and education credits: Not less than three years' experience performing conveyance work, as verified by current and
previous employers licensed to do business in this state or
public agency employers; and
(b) Satisfactory completion of a written examination
administered by the department on this chapter and the rules
adopted under this chapter.
(5) Any person who furnishes the department with
acceptable proof that he or she has performed conveyance
work in the category for which a license is sought shall upon
making application for a license and paying the license fee
receive a license without an examination. The person must
have:
(a) Worked without direct and immediate supervision for
a general or specialty contractor registered under chapter
18.27 RCW and engaged in the business of performing conveyance work in this state. This employment may not be less
than each and all of the three years immediately before March
1, 2004. The person must apply within ninety days after the
effective date of rules adopted under this chapter establishing
licensing requirements;
(b) Worked without direct and immediate supervision
for an owner exempt from licensing requirements under
RCW 70.87.270 or a public agency as an individual responsible for maintenance of conveyances owned by the owner
exempt from licensing requirements under RCW 70.87.270
or the public agency. This employment may not be less than
each and all of the three years immediately before March 1,
2004. The person must apply within ninety days after the
effective date of rules adopted under this chapter establishing
licensing requirements;
(c) Obtained a certificate of completion and successfully
passed the mechanic examination of a nationally recognized
training program for the elevator industry such as the national
elevator industry educational program or its equivalent; or
(d) Obtained a certificate of completion of an apprenticeship program for an elevator mechanic, having standards substantially equal to those of this chapter, and registered with
the Washington state apprenticeship and training council.
(6) A license must be issued to an individual holding a
valid license from a state having entered into a reciprocal
agreement with the department and having standards substantially equal to those of this chapter, upon application and
without examination. [2004 c 66 § 2; 2003 c 143 § 2; 2002 c
98 § 12.]
Findings—2004 c 66: See note following RCW 70.87.305.
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.245 Material lift mechanic license. A material
lift mechanic license to perform conveyance work on material lifts subject to WAC 296-96-05010 may be granted to
any person who possesses the following qualifications:
(1) The person: (a) Must be employed by an elevator
contractor that complies with subsections (2) and (3) of this
section; (b) must have successfully completed the training
described in subsection (2) of this section; and (c) after successfully completing such training, must have passed a writ70.87.245
(2004 Ed.)
70.87.250
ten examination administered by the department that is
designed to demonstrate competency with regard to conveyance work on material lifts;
(2) The employer must provide the persons specified in
subsection (1) of this section adequate training, including any
training provided by the manufacturer, ensuring worker
safety and adherence to the published operating specifications of the conveyance manufacturer; and
(3) The employer must maintain: (a) A conveyance
work log identifying the equipment, describing the conveyance work performed, and identifying the person who performed the conveyance work; (b) a training log describing
the course of study applicable to each conveyance and identifying each employee who has successfully completed the
training described in subsection (2) of this section and when
such training was completed; and (c) a record evidencing that
the employer has notified the conveyance owner in writing
that the conveyance is not designed to, is not intended to, and
should not be used to convey workers. [2003 c 143 § 3.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.250
70.87.250 Licenses—Renewals—Fees—Temporary
licenses—Continuing education—Records. (1) Upon
approval of an application, the department may issue a
license that is biennially renewable. The fee for the license
and for any renewal shall be set by the department in rule.
(2) The department may issue temporary elevator
mechanic licenses. These temporary elevator mechanic
licenses will be issued to those certified as qualified and competent by licensed elevator contractors. The company shall
furnish proof of competency as the department may require.
Each license must recite that it is valid for a period of thirty
days from the date of issuance and for such particular conveyance or geographical areas as the department may designate, and otherwise entitles the licensee to the rights and privileges of an elevator mechanic license issued in this chapter.
A temporary elevator mechanic license may be renewed by
the department and a fee as established in rule must be
charged for any temporary elevator mechanic license or
renewal.
(3) The renewal of all licenses granted under this section
is conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education
of licensees on new and existing rules of the department. The
course must consist of not less than eight hours of instruction
that must be attended and completed within one year immediately preceding any license renewal.
(4) The courses must be taught by instructors through
continuing education providers that may include, but are not
limited to, association seminars and labor training programs.
The department must approve the continuing education providers. All instructors must be approved by the department
and are exempt from the requirements of subsection (3) of
this section with regard to his or her application for license
renewal, provided that such applicant was qualified as an
instructor at any time during the one year immediately preceding the scheduled date for such renewal.
(5) A licensee who is unable to complete the continuing
education course required under this section before the expiration of his or her license due to a temporary disability may
[Title 70 RCW—page 157]
70.87.260
Title 70 RCW: Public Health and Safety
apply for a waiver from the department. This will be on a
form provided by the department and signed under the pains
and penalties of perjury and accompanied by a certified statement from a competent physician attesting to the temporary
disability. Upon the termination of the temporary disability,
the licensee must submit to the department a certified statement from the same physician, if practicable, attesting to the
termination of the temporary disability. At which time a
waiver sticker, valid for ninety days, must be issued to the licensee and affixed to his or her license.
(6) Approved training providers must keep uniform
records, for a period of ten years, of attendance of licensees
and these records must be available for inspection by the
department at its request. Approved training providers are
responsible for the security of all attendance records and certificates of completion. However, falsifying or knowingly
allowing another to falsify attendance records or certificates
of completion constitutes grounds for suspension or revocation of the approval required under this section. [2003 c 143
§ 21; 2002 c 98 § 13.]
conveyance manufacturer, the applicable provisions of this
chapter, and any rules adopted under this chapter.
(d) The owner also must maintain both a maintenance
log and a training log. The maintenance log must describe
maintenance work performed on the conveyance and identify
the person who performed the work. The training log must
describe the course of study provided to the persons specified
in (b) of this subsection, including whether it is general or
conveyance specific, and when the persons completed the
course of study.
(2) It is a violation of chapter 49.17 RCW for an owner
or an employer: (a) To allow a conveyance exempt from the
licensing requirements of this chapter under subsection (1) of
this section to be maintained by a person other than a person
specified in subsection (1)(b) of this section or a licensee; or
(b) to fail to maintain the logs required under subsection
(1)(d) of this section. [2003 c 143 § 4.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.280
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.260
70.87.260 Liability not limited or assumed by state.
This chapter cannot be construed to relieve or lessen the
responsibility or liability of any person, firm, or corporation
owning, operating, controlling, testing, inspecting, or performing conveyance work on any conveyance or other
related mechanisms covered by this chapter for damages to
person or property caused by any defect therein, nor does the
state assume any such liability or responsibility therefore or
any liability to any person for whatever reason whatsoever by
the adoption of this chapter or any acts or omissions arising
hereunder. [2003 c 143 § 22; 2002 c 98 § 14.]
70.87.280 License categories—Rules. In order to
effectively administer and implement the elevator mechanic
licensing of this chapter, the department may establish elevator mechanic license categories in rule. [2003 c 143 § 5.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.290
70.87.290 Rules—Effective date. The department of
labor and industries may not adopt rules to implement chapter 98, Laws of 2002, and to implement chapter 143, Laws of
2003 that take effect before March 1, 2004. [2003 c 143 § 6.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.305
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.270
70.87.270 Exemptions from licensure. (1) The licensing requirements of this chapter do not apply to the maintenance of conveyances specified in (a) of this subsection if a
person specified in (b) of this subsection performs the maintenance and the owner complies with the requirements specified in (c) and (d) of this subsection.
(a) The conveyance: (i) Must be a conveyance other than
a passenger elevator to which the general public has access;
and (ii) must be located in a facility in which agricultural
products are stored, food products are processed, goods are
manufactured, energy is generated, or similar industrial or
agricultural processes are performed.
(b) The person performing the maintenance: (i) Must be
regularly employed by the owner; (ii) must have completed
the training described in (c) of this subsection; and (iii) must
have attained journey level status in an electrical or mechanical trade, but only if the employer has or uses an established
journey level program to train its electrical or mechanical
trade employees and the employees perform maintenance in
the course of their regular employment.
(c) The owner must provide the persons specified in (b)
of this subsection adequate training to ensure worker safety
and adherence to the published operating specifications of the
[Title 70 RCW—page 158]
70.87.305 Private residence conveyances—Licensing
requirements—Rules. (1) The department shall, by rule,
establish licensing requirements for conveyance work performed on private residence conveyances. These rules shall
include an exemption from licensing for maintenance work
on private residence conveyances performed by an owner or
at the direction of the owner, provided the owner resides in
the residence at which the conveyance is located and the conveyance is not accessible to the general public. However,
maintenance work performed on private residence conveyances located in or at adult family homes licensed under
chapter 70.128 RCW, boarding homes licensed under chapter
18.20 RCW, or similarly licensed caregiving facilities must
comply with the licensing requirements of this chapter.
(2) The rules adopted under this section take effect July
1, 2004. [2004 c 66 § 3.]
Findings—2004 c 66: "The legislature finds that individuals performing conveyance work on private residence conveyances must be licensed by
the department of labor and industries. However, the licensing requirements
for this type of work need not be to the same level as those established for
conveyance work in circumstances where the general public has access to the
conveyances. The legislature further finds that the department of labor and
industries should be given the authority to develop the licensing requirements for this type of work using the normal rule-making process established
under chapter 34.05 RCW. Lastly, the legislature finds that private residence
conveyance maintenance work that is performed by an owner or at the direction of the owner is exempt from licensing if the owner resides in the residence at which the conveyance is located and the conveyance is not accessible to the general public." [2004 c 66 § 1.]
(2004 Ed.)
Water Recreation Facilities
70.87.900
70.87.900 Severability. If any provision of this chapter
or its application to any person or circumstance is held
invalid, the remainder of the chapter, or the application of the
provision to other persons or circumstances, is not affected.
[1983 c 123 § 24; 1963 c 26 § 22.]
Chapter 70.90
Chapter 70.90 RCW
WATER RECREATION FACILITIES
(Formerly: Swimming pools)
Sections
70.90.101
70.90.110
70.90.120
70.90.125
70.90.140
70.90.150
70.90.160
70.90.170
70.90.180
70.90.190
70.90.200
70.90.205
70.90.210
70.90.230
70.90.240
70.90.250
70.90.910
70.90.911
Legislative findings.
Definitions.
Adoption of rules governing safety, sanitation, and water quality—Exceptions.
Regulation by local boards of health.
Enforcement.
Fees.
Modification or construction of facility—Permit required—
Submission of plans.
Operating permit—Renewal.
State and local health jurisdictions—Chapter not basis for liability.
Reporting of injury, disease, or death.
Civil penalties.
Criminal penalties.
Adjudicative proceeding—Notice.
Insurance required.
Sale of spas, pools, and tubs—Operating instructions and
health caution required.
Application of chapter.
Severability—1986 c 236.
Severability—1987 c 222.
70.90.101
70.90.101 Legislative findings. The legislature finds
that water recreation facilities are an important source of recreation for the citizens of this state. To promote the public
health, safety, and welfare, the legislature finds it necessary
to continue to regulate these facilities. [1987 c 222 § 1.]
70.90.110
70.90.110 Definitions. Unless the context clearly
requires otherwise the definitions in this section apply
throughout this chapter.
(1) "Water recreation facility" means any artificial basin
or other structure containing water used or intended to be
used for recreation, bathing, relaxation, or swimming, where
body contact with the water occurs or is intended to occur and
includes auxiliary buildings and appurtenances. The term
includes, but is not limited to:
(a) Conventional swimming pools, wading pools, and
spray pools;
(b) Recreational water contact facilities as defined in this
chapter;
(c) Spa pools and tubs using hot water, cold water, mineral water, air induction, or hydrojets; and
(d) Any area designated for swimming in natural waters
with artificial boundaries within the waters.
(2) "Recreational water contact facility" means an artificial water associated facility with design and operational features that provide patron recreational activity which is different from that associated with a conventional swimming pool
and purposefully involves immersion of the body partially or
totally in the water, and that includes but is not limited to,
water slides, wave pools, and water lagoons.
(2004 Ed.)
70.90.150
(3) "Local health officer" means the health officer of the
city, county, or city-county department or district or a representative authorized by the local health officer.
(4) "Secretary" means the secretary of health.
(5) "Person" means an individual, firm, partnership, copartnership, corporation, company, association, club, government entity, or organization of any kind.
(6) "Department" means the department of health.
(7) "Board" means the state board of health. [1991 c 3 §
352; 1987 c 222 § 2; 1986 c 236 § 2.]
70.90.120
70.90.120 Adoption of rules governing safety, sanitation, and water quality—Exceptions. (1) The board shall
adopt rules under the administrative procedure act, chapter
34.05 RCW, governing safety, sanitation, and water quality
for water recreation facilities. The rules shall include but not
be limited to requirements for design; operation; injury and
illness reporting; biological and chemical contamination
standards; water quality monitoring; inspection; permit application and issuance; and enforcement procedures. However,
a water recreation facility intended for the exclusive use of
residents of any apartment house complex or of a group of
rental housing units of less than fifteen living units, or of a
mobile home park, or of a condominium complex or any
group or association of less than fifteen home owners shall
not be subject to preconstruction design review, routine
inspection, or permit or fee requirements; and water treatment of hydroelectric reservoirs or natural streams, creeks,
lakes, or irrigation canals shall not be required.
(2) In adopting rules under subsection (1) of this section
regarding the operation or design of a recreational water contact facility, the board shall review and consider any recommendations made by the recreational water contact facility
advisory committee. [1987 c 222 § 5; 1986 c 236 § 3.]
70.90.125
70.90.125 Regulation by local boards of health.
Nothing in this chapter shall prohibit any local board of
health from establishing and enforcing any provisions governing safety, sanitation, and water quality for any water recreation facility, regardless of ownership or use, in addition to
those rules established by the state board of health under this
chapter. [1987 c 222 § 6.]
70.90.140
70.90.140 Enforcement. The secretary shall enforce
the rules adopted under this chapter. The secretary may
develop joint plans of responsibility with any local health
jurisdiction to administer this chapter. [1986 c 236 § 5.]
70.90.150
70.90.150 Fees. (1) Local health officers may establish
and collect fees sufficient to cover their costs incurred in carrying out their duties under this chapter and the rules adopted
under this chapter.
(2) The department may establish and collect fees sufficient to cover its costs incurred in carrying out its duties
under this chapter. The fees shall be deposited in the state
general fund.
(3) A person shall not be required to submit fees at both
the state and local levels. [1986 c 236 § 6.]
[Title 70 RCW—page 159]
70.90.160
Title 70 RCW: Public Health and Safety
70.90.160
70.90.160 Modification or construction of facility—
Permit required—Submission of plans. A permit is
required for any modification to or construction of any recreational water contact facility after June 11, 1986, and for any
other water recreation facility after July 26, 1987. Water recreation facilities existing on July 26, 1987, which do not comply with the design and construction requirements established
by the state board of health under this chapter may continue
to operate without modification to or replacement of the
existing physical plant, provided the water quality, sanitation,
and life saving equipment are in compliance with the requirements established under this chapter. However, if any modifications are made to the physical plant of an existing water
recreation facility the modifications shall comply with the
requirements established under this chapter. The plans and
specifications for the modification or construction shall be
submitted to the applicable local authority or the department
as applicable, but a person shall not be required to submit
plans at both the state and local levels or apply for both a state
and local permit. The plans shall be reviewed and may be
approved or rejected or modifications or conditions imposed
consistent with this chapter as the public health or safety may
require, and a permit shall be issued or denied within thirty
days of submittal. [1987 c 222 § 7; 1986 c 236 § 7.]
70.90.170
70.90.170 Operating permit—Renewal. An operating
permit from the department or local health officer, as applicable, is required for each water recreation facility operated in
this state. The permit shall be renewed annually. The permit
shall be conspicuously displayed at the water recreation facility. [1987 c 222 § 8; 1986 c 236 § 8.]
70.90.180
70.90.180 State and local health jurisdictions—
Chapter not basis for liability. Nothing in this chapter or
the rules adopted under this chapter creates or forms the basis
for any liability: (1) On the part of the state and local health
jurisdictions, or their officers, employees, or agents, for any
injury or damage resulting from the failure of the owner or
operator of water recreation facilities to comply with this
chapter or the rules adopted under this chapter; or (2) by reason or in consequence of any act or omission in connection
with the implementation or enforcement of this chapter or the
rules adopted under this chapter on the part of the state and
local health jurisdictions, or by their officers, employees, or
agents.
All actions of local health officers and the secretary shall
be deemed an exercise of the state's police power. [1987 c
222 § 9; 1986 c 236 § 9.]
70.90.190
70.90.190 Reporting of injury, disease, or death. Any
person operating a water recreation facility shall report to the
local health officer or the department any serious injury,
communicable disease, or death occurring at or caused by the
water recreation facility. [1987 c 222 § 10; 1986 c 236 § 10.]
70.90.200
70.90.200 Civil penalties. County, city, or town legislative authorities and the secretary, as applicable, may establish civil penalties for a violation of this chapter or the rules
adopted under this chapter not to exceed five hundred dollars.
Each day upon which a violation occurs constitutes a separate
[Title 70 RCW—page 160]
violation. A person violating this chapter may be enjoined
from continuing the violation. [1986 c 236 § 11.]
70.90.205
70.90.205 Criminal penalties. The violation of any
provisions of this chapter and any rules adopted under this
chapter shall be a misdemeanor punishable by a fine of not
more than five hundred dollars. [1987 c 222 § 11.]
70.90.210
70.90.210 Adjudicative proceeding—Notice. (1) Any
person aggrieved by an order of the department or by the
imposition of a civil fine by the department has the right to an
adjudicative proceeding. RCW 43.70.095 governs department notice of a civil fine and a person's right to an adjudicative proceeding.
(2) Any person aggrieved by an order of a local health
officer or by the imposition of a civil fine by the officer has
the right to appeal. The hearing is governed by the local
health jurisdiction's administrative appeals process. Notice
shall be provided by the local health jurisdiction consistent
with its due process requirements. [1991 c 3 § 354; 1989 c
175 § 130; 1986 c 236 § 12.]
Effective date—1989 c 175: See note following RCW 34.05.010.
70.90.230
70.90.230 Insurance required. (1) A recreational
water contact facility shall not be operated within the state
unless the owner or operator has purchased insurance in an
amount not less than one hundred thousand dollars against
liability for bodily injury to or death of one or more persons
in any one accident arising out of the use of the recreational
water contact facility.
(2) The board may require a recreational water contact
facility to purchase insurance in addition to the amount
required in subsection (1) of this section. [1986 c 236 § 14.]
70.90.240
70.90.240 Sale of spas, pools, and tubs—Operating
instructions and health caution required. Every seller of
spas, pools and tubs under RCW 70.90.110(1) (a) and (c)
shall furnish to the purchaser a complete set of operating
instructions which shall include detailed instructions on the
safe use of the spa, pool, or tub and for the proper treatment
of water to reduce health risks to the purchaser. Included in
the instructions shall be information about the health effects
of hot water and a specific caution and explanation of the
health effects of hot water on pregnant women. [1987 c 222
§ 4.]
70.90.250
70.90.250 Application of chapter. This chapter applies
to all water recreation facilities regardless of whether ownership is public or private and regardless of whether the
intended use is commercial or private, except that this chapter
shall not apply to:
(1) Any water recreation facility for the sole use of residents and invited guests at a single family dwelling;
(2) Therapeutic water facilities operated exclusively for
physical therapy; and
(3) Steam baths and saunas. [1987 c 222 § 3.]
70.90.910
70.90.910 Severability—1986 c 236. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
(2004 Ed.)
Provisions in Buildings for Aged and Handicapped Persons
provision to other persons or circumstances is not affected.
[1986 c 236 § 17.]
70.90.911
70.90.911 Severability—1987 c 222. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 222 § 13.]
Chapter 70.92 RCW
PROVISIONS IN BUILDINGS FOR AGED AND
HANDICAPPED PERSONS
Chapter 70.92
Sections
70.92.100
70.92.110
70.92.120
70.92.130
70.92.140
70.92.150
70.92.160
70.92.170
Legislative intent.
Buildings and structures to which standards and specifications
apply—Exemptions.
Handicap symbol—Display—Signs showing location of
entrance for handicapped.
Definitions.
Minimum standards for facilities—Adoption—Facilities to be
included.
Standards adopted by other states to be considered—Majority
vote.
Waiver from compliance with standards.
Personal wireless service facilities—Rules.
70.92.130
grant a waiver from compliance with the standards adopted
pursuant to RCW 70.92.100 through 70.92.160. The provisions of the Uniform Building Code regarding the appeals
process shall govern the appeals herein;
(3) Any building or structure used solely for dwelling
purposes and which contains not more than two dwelling
units;
(4) Any building or structure not used primarily for
group A-1 through group U-1 occupancies, except for group
R-3 occupancies, as set forth in the Uniform Building Code,
1994 edition, published by the International Conference of
Building Officials; or
(5) Apartment houses with ten or fewer units. [1995 c
343 § 3; 1989 c 14 § 9; 1975 1st ex.s. c 110 § 2.]
70.92.120
70.92.120 Handicap symbol—Display—Signs showing location of entrance for handicapped. All buildings
built in accordance with the standards and specifications provided for in this chapter, and containing facilities that are in
compliance therewith, shall display the following symbol
which is known as the International Symbol of Access.
Making buildings and facilities accessible to and usable by handicapped
persons: RCW 19.27.031(5).
70.92.100
70.92.100 Legislative intent. It is the intent of the legislature that, notwithstanding any law to the contrary, plans
and specifications for the erection of buildings through the
use of public or private funds shall make special provisions
for elderly or physically disabled persons. [1975 1st ex.s. c
110 § 1.]
70.92.110
70.92.110 Buildings and structures to which standards and specifications apply—Exemptions. The standards and specifications adopted under this chapter shall, as
provided in this section, apply to buildings, structures, or portions thereof used primarily for group A-1 through group U1 occupancies, except for group R-3 occupancies, as defined
in the Uniform Building Code, 1994 edition, published by the
International Conference of Building Officials. All such
buildings, structures, or portions thereof, which are constructed, substantially remodeled, or substantially rehabilitated after July 1, 1976, shall conform to the standards and
specifications adopted under this chapter: PROVIDED, That
the following buildings, structures, or portions thereof shall
be exempt from this chapter:
(1) Buildings, structures, or portions thereof for which
construction contracts have been awarded prior to July 1,
1976;
(2) Any building, structure, or portion thereof in respect
to which the administrative authority deems, after considering all circumstances applying thereto, that full compliance is
impracticable: PROVIDED, That, such a determination shall
be made no later than at the time of issuance of the building
permit for the construction, remodeling, or rehabilitation:
PROVIDED FURTHER, That the board of appeals provided
for in chapter 1 of the Uniform Building Code shall have
jurisdiction to hear and decide appeals from any decision by
the administrative authority regarding a waiver or failure to
(2004 Ed.)
Such symbol shall be white on a blue background and
shall indicate the location of facilities designed for the physically disabled or elderly. When a building contains an
entrance other than the main entrance which is ramped or
level for use by physically disabled or elderly persons, a sign
with the symbol showing its location shall be posted at or
near the main entrance which shall be visible from the adjacent public sidewalk or way. [1995 c 343 § 4; 1975 1st ex.s.
c 110 § 3.]
70.92.130
70.92.130 Definitions. As used in this chapter the following words and phrases shall have the following meanings
unless the context clearly requires otherwise:
(1) "Administrative authority" means the building
department of each county, city, or town of this state;
(2) "Substantially remodeled or substantially rehabilitated" means any alteration or restoration of a building or
structure within any twelve-month period, the cost of which
exceeds sixty percent of the value of the particular building or
structure;
[Title 70 RCW—page 161]
70.92.140
Title 70 RCW: Public Health and Safety
(3) "Council" means the state building code council.
[1995 c 343 § 5; 1975 1st ex.s. c 110 § 4.]
70.92.140
70.92.140 Minimum standards for facilities—Adoption—Facilities to be included. The *state building code
advisory council shall adopt minimum standards by rule and
regulation for the provision of facilities in buildings and
structures to accommodate the elderly, as well as physically
disabled persons, which shall include but not be limited to
standards for:
(1) Ramps;
(2) Doors and doorways;
(3) Stairs;
(4) Floors;
(5) Entrances;
(6) Toilet rooms and paraphernalia therein;
(7) Water fountains;
(8) Public telephones;
(9) Elevators;
(10) Switches and levers for the control of light, ventilation, windows, mirrors, etc.;
(11) Plaques identifying such facilities;
(12) Turnstiles and revolving doors;
(13) Kitchen facilities, where appropriate;
(14) Grading of approaches to entrances;
(15) Parking facilities;
(16) Seating facilities, where appropriate, in buildings
where people normally assemble. [1975 1st ex.s. c 110 § 5.]
*Reviser's note: The "state building code advisory council" was redesignated the "state building code council" by 1985 c 360 § 11. See RCW
19.27.070.
70.92.170 Personal wireless service facilities—Rules.
(1) The state building code council shall amend its rules
under chapter 70.92 RCW, to the extent practicable while
still maintaining the certification of those regulations under
the federal Americans with disabilities act, to exempt personal wireless services equipment shelters, or the room or
enclosure housing equipment for personal wireless service
facilities, that meet the following conditions: (a) The shelter
is not staffed; and (b) to conduct maintenance activities,
employees who visit the shelter must be able to climb.
(2) For the purposes of this section, "personal wireless
service facilities" means facilities for the provision of personal wireless services. [1996 c 323 § 5.]
70.92.170
Findings—1996 c 323: See note following RCW 43.70.600.
Chapter 70.93 RCW
WASTE REDUCTION, RECYCLING, AND MODEL
LITTER CONTROL ACT
Chapter 70.93
(Formerly: Model litter control and recycling act)
Sections
70.93.010
70.93.020
70.93.030
70.93.040
70.93.050
70.93.060
70.93.070
70.93.080
70.93.090
70.93.095
70.93.097
70.93.110
70.93.180
70.93.200
70.92.150
70.92.150 Standards adopted by other states to be
considered—Majority vote. The council in adopting these
minimum standards shall consider minimum standards
adopted by both law and rule and regulation in other states
and the government of the United States: PROVIDED, That
no standards adopted by the council pursuant to RCW
70.92.100 through 70.92.160 shall take effect until July 1,
1976. The council shall adopt such standards by majority
vote pursuant to the provisions of chapter 34.05 RCW. [1995
c 343 § 6; 1975 1st ex.s. c 110 § 6.]
70.92.160
70.92.160 Waiver from compliance with standards.
The administrative authority of any jurisdiction may grant a
waiver from compliance with any standard adopted hereunder for a particular building or structure if it determines that
compliance with the particular standard is impractical: PROVIDED, That such a determination shall be made no later
than at the time of issuance of the building permit for the construction, remodeling, or rehabilitation: PROVIDED FURTHER, That the board of appeals provided for in chapter 1 of
the Uniform Building Code shall have jurisdiction to hear
and decide appeals from any decision by the administrative
authority regarding a waiver or failure to grant a waiver from
compliance with the standards adopted pursuant to RCW
70.92.100 through 70.92.160. The provisions of the Uniform
Building Code regarding the appeals process shall govern the
appeals herein. [1995 c 343 § 7; 1975 1st ex.s. c 110 § 7.]
[Title 70 RCW—page 162]
70.93.210
70.93.220
70.93.230
70.93.250
70.93.900
70.93.910
70.93.920
Legislative findings.
Declaration of purpose.
Definitions.
Administrative procedure act—Application to chapter.
Enforcement of chapter.
Littering prohibited—Penalties—Litter cleanup restitution
payment.
Collection of fines and forfeitures.
Notice to public—Contents of chapter—Required.
Litter receptacles—Use of anti-litter symbol—Distribution—
Placement—Violations—Penalties.
Marinas and airports—Recycling.
Transported waste must be covered or secured.
Removal of litter—Responsibility.
Waste reduction, recycling, and litter control account—Distribution.
Department of ecology—Administration of anti-litter and
recycling programs—Guidelines—Report to legislature.
Waste reduction, anti-litter, and recycling campaign—Industrial cooperation requested.
Litter collection programs—Department of ecology—Coordinating agency—Use of funds—Reporting.
Violations of chapter—Penalties.
Funding to local governments—Reports.
Severability—1971 ex.s. c 307.
Alternative to Initiative 40—Placement on ballot—Force and
effect of chapter.
Severability—1979 c 94.
Reviser's note: Throughout chapter 70.93 RCW, the term "this 1971
amendatory act" has been changed to "this chapter"; "this 1971 amendatory
act" [1971 ex.s. c 307] consists of this chapter, the 1971 amendment to RCW
46.61.655 and the repeal of RCW 9.61.120, 9.66.060, 9.66.070, and
46.61.650.
Local adopt-a-highway programs: RCW 47.40.105.
Solid waste management, recovery and recycling: Chapter 70.95 RCW.
State parks: RCW 79A.05.045.
70.93.010 Legislative findings. (1) The legislature
finds:
(a) Washington state is experiencing rapid population
growth and its citizens are increasingly mobile;
(b) There is a fundamental need for a healthful, clean,
and beautiful environment;
(c) The proliferation and accumulation of litter discarded
throughout this state impairs this need and constitutes a public health hazard;
(d) There is a need to conserve energy and natural
resources, and the effective litter control and recovery and
70.93.010
(2004 Ed.)
Waste Reduction, Recycling, and Model Litter Control Act
recycling of litter materials will serve to accomplish such
conservation;
(e) In addition to effective litter control, there must be
effective programs to accomplish waste reduction, the state's
highest waste management priority; and
(f) There must also be effective systems to accomplish
all components of recycling, including collection and processing.
(2) Recognizing the multifaceted nature of the state's
solid waste management problems, the legislation enacted in
1971 and entitled the "Model Litter Control and Recycling
Act" is hereby renamed the "waste reduction, recycling, and
model litter control act." [1998 c 257 § 1; 1992 c 175 § 1;
1979 c 94 § 1; 1971 ex.s. c 307 § 1.]
Effective date—1992 c 175: See RCW 82.19.900.
70.93.020
70.93.020 Declaration of purpose. The purpose of this
chapter is to accomplish litter control, increase waste reduction, and stimulate all components of recycling throughout
this state by delegating to the department of ecology the
authority to:
(1) Conduct a permanent and continuous program to
control and remove litter from this state to the maximum
practical extent possible;
(2) Recover and recycle waste materials related to litter
and littering;
(3) Foster public and private recycling of recyclable
materials;
(4) Increase public awareness of the need for waste
reduction, recycling, and litter control; and
(5) Coordinate the litter collection efforts and expenditure of funds for litter collection by other agencies identified
in this chapter.
It is further the intent and purpose of this chapter to create jobs for employment of youth in litter cleanup and related
activities and to stimulate and encourage small, private recycling centers. This program shall include the compatible goal
of recovery of recyclable materials to conserve energy and
natural resources wherever practicable. Every other department of state government and all local governmental units
and agencies of this state shall cooperate with the department
of ecology in the administration and enforcement of this
chapter. The intent of this chapter is to add to and to coordinate existing recycling and litter control and removal efforts
and not terminate or supplant such efforts. [1998 c 257 § 2;
1992 c 175 § 2; 1991 c 319 § 101; 1979 c 94 § 2; 1975-'76
2nd ex.s. c 41 § 7; 1971 ex.s. c 307 § 2.]
Effective date—1992 c 175: See RCW 82.19.900.
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
Severability—1975-'76 2nd ex.s. c 41: See RCW 70.95.911.
Solid waste disposal, recovery and recycling: Chapter 70.95 RCW.
70.93.030
70.93.030 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Conveyance" means a boat, airplane, or vehicle.
(2) "Department" means the department of ecology.
(3) "Director" means the director of the department of
ecology.
(2004 Ed.)
70.93.030
(4) "Disposable package or container" means all packages or containers defined as such by rules adopted by the
department of ecology.
(5) "Junk vehicle" has the same meaning as defined in
RCW 46.55.010.
(6) "Litter" means all waste material including but not
limited to disposable packages or containers thrown or
deposited as herein prohibited and solid waste that is illegally
dumped, but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing. "Litter" includes the material described in subsection
(10) of this section as "potentially dangerous litter."
(7) "Litter bag" means a bag, sack, or other container
made of any material which is large enough to serve as a
receptacle for litter inside the vehicle or watercraft of any
person. It is not necessarily limited to the state approved litter bag but must be similar in size and capacity.
(8) "Litter receptacle" means those containers adopted
by the department of ecology and which may be standardized
as to size, shape, capacity, and color and which shall bear the
state anti-litter symbol, as well as any other receptacles suitable for the depositing of litter.
(9) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or other
entity whatsoever.
(10) "Potentially dangerous litter" means litter that is
likely to injure a person or cause damage to a vehicle or other
property. "Potentially dangerous litter" means:
(a) Cigarettes, cigars, or other tobacco products that are
capable of starting a fire;
(b) Glass;
(c) A container or other product made predominantly or
entirely of glass;
(d) A hypodermic needle or other medical instrument
designed to cut or pierce;
(e) Raw human waste, including soiled baby diapers,
regardless of whether or not the waste is in a container of any
sort; and
(f) Nails or tacks.
(11) "Public place" means any area that is used or held
out for use by the public whether owned or operated by public or private interests.
(12) "Recycling" means transforming or remanufacturing waste materials into a finished product for use other than
landfill disposal or incineration.
(13) "Recycling center" means a central collection point
for recyclable materials.
(14) "To litter" means a single or cumulative act of disposing of litter.
(15) "Vehicle" includes every device capable of being
moved upon a public highway and in, upon, or by which any
persons or property is or may be transported or drawn upon a
public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
(16) "Waste reduction" means reducing the amount or
toxicity of waste generated or reusing materials.
(17) "Watercraft" means any boat, ship, vessel, barge, or
other floating craft. [2003 c 337 § 2; 2000 c 154 § 1; 1998 c
257 § 3; 1991 c 319 § 102; 1979 c 94 § 3; 1971 ex.s. c 307 §
3.]
[Title 70 RCW—page 163]
70.93.040
Title 70 RCW: Public Health and Safety
Findings—2003 c 337: See note following RCW 70.93.060.
Severability—2000 c 154: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2000 c 154 § 5.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
70.93.040
70.93.040 Administrative procedure act—Application to chapter. In addition to his other powers and duties,
the director shall have the power to propose and to adopt pursuant to chapter 34.05 RCW rules and regulations necessary
to carry out the provisions, purposes, and intent of this chapter. [1971 ex.s. c 307 § 4.]
70.93.050
70.93.050 Enforcement of chapter. The director shall
designate trained employees of the department to be vested
with police powers to enforce and administer the provisions
of this chapter and all rules adopted thereunder. The director
shall also have authority to contract with other state and local
governmental agencies having law enforcement capabilities
for services and personnel reasonably necessary to carry out
the enforcement provisions of this chapter. In addition, state
patrol officers, fish and wildlife officers, fire wardens, deputy
fire wardens and forest rangers, sheriffs and marshals and
their deputies, and police officers, and those employees of the
department of ecology and the parks and recreation commission vested with police powers all shall enforce the provisions of this chapter and all rules adopted thereunder and are
hereby empowered to issue citations to and/or arrest without
warrant, persons violating any provision of this chapter or
any of the rules adopted hereunder. All of the foregoing
enforcement officers may serve and execute all warrants,
citations, and other process issued by the courts in enforcing
the provisions of this chapter and rules adopted hereunder. In
addition, mailing by registered mail of such warrant, citation,
or other process to his or her last known place of residence
shall be deemed as personal service upon the person charged.
[2001 c 253 § 8; 1980 c 78 § 132; 1979 c 94 § 4; 1971 ex.s. c
307 § 5.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
70.93.060
70.93.060 Littering prohibited—Penalties—Litter
cleanup restitution payment. (1) It is a violation of this section to abandon a junk vehicle upon any property. In addition, no person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or
upon private property in this state not owned by him or her or
in the waters of this state whether from a vehicle or otherwise
including but not limited to any public highway, public park,
beach, campground, forest land, recreational area, trailer
park, highway, road, street, or alley except:
(a) When the property is designated by the state or its
agencies or political subdivisions for the disposal of garbage
and refuse, and the person is authorized to use such property
for that purpose;
(b) Into a litter receptacle in a manner that will prevent
litter from being carried away or deposited by the elements
upon any part of the private or public property or waters.
[Title 70 RCW—page 164]
(2)(a) Except as provided in subsection (4) of this section, it is a class 3 civil infraction as provided in RCW
7.80.120 for a person to litter in an amount less than or equal
to one cubic foot.
(b) It is a misdemeanor for a person to litter in an amount
greater than one cubic foot but less than one cubic yard. The
person shall also pay a litter cleanup restitution payment
equal to twice the actual cost of cleanup, or fifty dollars per
cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner
and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in
addition to or in lieu of part or all of the cleanup restitution
payment, order the person to pick up and remove litter from
the property, with prior permission of the legal owner or, in
the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if
the person cleans up and properly disposes of the litter.
(c) It is a gross misdemeanor for a person to litter in an
amount of one cubic yard or more. The person shall also pay
a litter cleanup restitution payment equal to twice the actual
cost of cleanup, or one hundred dollars per cubic foot of litter,
whichever is greater. The court shall distribute one-half of
the restitution payment to the landowner and one-half of the
restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of
part or all of the cleanup restitution payment, order the person
to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property,
of the agency managing the property. The court may suspend
or modify the litter cleanup restitution payment for a firsttime offender under this section, if the person cleans up and
properly disposes of the litter.
(d) If a junk vehicle is abandoned in violation of this section, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against
the person who abandoned the vehicle.
(3) If the violation occurs in a state park, the court shall,
in addition to any other penalties assessed, order the person to
perform twenty-four hours of community restitution in the
state park where the violation occurred if the state park has
stated an intent to participate as provided in RCW
79A.05.050.
(4) It is a class 1 civil infraction as provided in RCW
7.80.120 for a person to discard, in violation of this section,
potentially dangerous litter in any amount. [2003 c 337 § 3;
2002 c 175 § 45; 2001 c 139 § 1; 2000 c 154 § 2; 1997 c 159
§ 1; 1996 c 263 § 1; 1993 c 292 § 1; 1983 c 277 § 1; 1979
ex.s. c 39 § 1; 1971 ex.s. c 307 § 6.]
Findings—2003 c 337: "(1) The legislature finds that the littering of
potentially dangerous products poses a greater danger to the public safety
than other classes of litter. Broken glass, human waste, and other dangerous
materials along roadways, within parking lots, and on pedestrian, bicycle,
and recreation trails elevates the risk to public safety, such as vehicle tire
punctures, and the risk to the community volunteers who spend their time
gathering and properly disposing of the litter left behind by others. As such,
the legislature finds that a higher penalty should be imposed on those who
improperly dispose of potentially dangerous products, such as is imposed on
those who improperly dispose of tobacco products.
(2) The legislature further finds that litter is a nuisance, and, in order to
alleviate such a nuisance, counties must be provided statutory authority to
declare what shall be a nuisance, to abate a nuisance, and to impose and col(2004 Ed.)
Waste Reduction, Recycling, and Model Litter Control Act
lect fines upon parties who may create, cause, or commit a nuisance." [2003
c 337 § 1.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Severability—2000 c 154: See note following RCW 70.93.030.
Lighted material, etc.—Receptacles in conveyances: RCW 76.04.455.
Throwing materials on highway prohibited—Removal: RCW 46.61.645.
70.93.070
70.93.070 Collection of fines and forfeitures. The
director may prescribe the procedures for the collection of
penalties, costs, and other charges allowed by chapter 7.80
RCW for violations of this chapter. [1996 c 263 § 2; 1993 c
292 § 2; 1983 c 277 § 2; 1971 ex.s. c 307 § 7.]
70.93.080
70.93.080 Notice to public—Contents of chapter—
Required. Pertinent portions of this chapter shall be posted
along the public highways of this state and in all campgrounds and trailer parks, at all entrances to state parks, forest
lands, and recreational areas, at all public beaches, and at
other public places in this state where persons are likely to be
informed of the existence and content of this chapter and the
penalties for violating its provisions. [1971 ex.s. c 307 § 8.]
70.93.090
70.93.090 Litter receptacles—Use of anti-litter symbol—Distribution—Placement—Violations—Penalties.
The department shall design and the director shall adopt by
rule or regulation one or more types of litter receptacles
which are reasonably uniform as to size, shape, capacity and
color, for wide and extensive distribution throughout the public places of this state. Each such litter receptacle shall bear
an anti-litter symbol as designed and adopted by the department. In addition, all litter receptacles shall be designed to
attract attention and to encourage the depositing of litter.
Litter receptacles of the uniform design shall be placed
along the public highways of this state and at all parks, campgrounds, trailer parks, drive-in restaurants, gasoline service
stations, tavern parking lots, shopping centers, grocery store
parking lots, parking lots of major industrial firms, marinas,
boat launching areas, boat moorage and fueling stations, public and private piers, beaches and bathing areas, and such
other public places within this state as specified by rule or
regulation of the director adopted pursuant to chapter 34.05
RCW. The number of such receptacles required to be placed
as specified herein shall be determined by a formula related
to the need for such receptacles.
It shall be the responsibility of any person owning or
operating any establishment or public place in which litter
receptacles of the uniform design are required by this section
to procure and place such receptacles at their own expense on
the premises in accord with rules and regulations adopted by
the department.
Any person, other than a political subdivision, government agency, or municipality, who fails to place such litter
receptacles on the premises in the numbers required by rule
or regulation of the department, violating the provisions of
this section or rules or regulations adopted thereunder shall
be subject to a fine of ten dollars for each day of violation.
[1998 c 257 § 4; 1979 c 94 § 5; 1971 ex.s. c 307 § 9.]
70.93.095
70.93.095 Marinas and airports—Recycling. (1)
Each marina with thirty or more slips and each airport provid(2004 Ed.)
70.93.180
ing regularly scheduled commercial passenger service shall
provide adequate recycling receptacles on, or adjacent to, its
facility. The receptacles shall be clearly marked for the disposal of at least two of the following recyclable materials:
Aluminum, glass, newspaper, plastic, and tin.
(2) Marinas and airports subject to this section shall not
be required to provide recycling receptacles until the city or
county in which it is located adopts a waste reduction and
recycling element of a solid waste management plan pursuant
to RCW 70.95.090. [1991 c 11 § 2.]
70.93.097
70.93.097 Transported waste must be covered or
secured. (1) By January 1, 1994, each county or city with a
staffed transfer station or landfill in its jurisdiction shall
adopt an ordinance to reduce litter from vehicles. The ordinance shall require the operator of a vehicle transporting
solid waste to a staffed transfer station or landfill to secure or
cover the vehicle's waste in a manner that will prevent spillage. The ordinance may provide exemptions for vehicle operators transporting waste that is unlikely to spill from a vehicle.
The ordinance shall, in the absence of an exemption,
require a fee, in addition to other landfill charges, for a person
arriving at a staffed landfill or transfer station without a cover
on the vehicle's waste or without the waste secured.
(2) The fee collected under subsection (1) of this section
shall be deposited, no less often than quarterly, with the city
or county in which the landfill or transfer station is located.
(3) A vehicle transporting sand, dirt, or gravel in compliance with the provisions of RCW 46.61.655 shall not be
required to secure or cover a load pursuant to ordinances
adopted under this section. [1993 c 399 § 1.]
70.93.110
70.93.110 Removal of litter—Responsibility.
Responsibility for the removal of litter from receptacles
placed at parks, beaches, campgrounds, trailer parks, and
other public places shall remain upon those state and local
agencies performing litter removal. Removal of litter from
litter receptacles placed on private property which is used by
the public shall remain the responsibility of the owner of such
private property. [1971 ex.s. c 307 § 11.]
70.93.180
70.93.180 Waste reduction, recycling, and litter control account—Distribution. (1) There is hereby created an
account within the state treasury to be known as the "waste
reduction, recycling, and litter control account". Moneys in
the account may be spent only after appropriation. Expenditures from the waste reduction, recycling, and litter control
account shall be used as follows:
(a) Fifty percent to the department of ecology, for use by
the departments of ecology, natural resources, revenue, transportation, and corrections, and the parks and recreation commission, for use in litter collection programs, to be distributed
under RCW 70.93.220. The amount to the department of
ecology shall also be used for a central coordination function
for litter control efforts statewide, for the biennial litter survey under RCW 70.93.200(8), and for statewide public
awareness programs under RCW 70.93.200(7). The amount
to the department shall also be used to defray the costs of
administering the funding, coordination, and oversight of
[Title 70 RCW—page 165]
70.93.200
Title 70 RCW: Public Health and Safety
local government programs for waste reduction, litter control,
and recycling, so that local governments can apply one hundred percent of their funding to achieving program goals. The
amount to the department of revenue shall be used to enforce
compliance with the litter tax imposed in chapter 82.19
RCW;
(b) Twenty percent to the department for local government funding programs for waste reduction, litter control,
and recycling activities by cities and counties under RCW
70.93.250, to be administered by the department of ecology;
and
(c) Thirty percent to the department of ecology for waste
reduction and recycling efforts.
(2) All taxes imposed in RCW 82.19.010 and fines and
bail forfeitures collected or received pursuant to this chapter
shall be deposited in the waste reduction, recycling, and litter
control account and used for the programs under subsection
(1) of this section.
(3) Not less than five percent and no more than ten percent of the amount appropriated into the waste reduction,
recycling, and litter control account every biennium shall be
reserved for capital needs, including the purchase of vehicles
for transporting crews and for collecting litter and solid
waste. Capital funds shall be distributed among state agencies
and local governments according to the same criteria provided in RCW 70.93.220 for the remainder of the funds, so
that the most effective waste reduction, litter control, and
recycling programs receive the most funding. The intent of
this subsection is to provide funds for the purchase of equipment that will enable the department to account for the greatest return on investment in terms of reaching a zero litter
goal. [1998 c 257 § 5; 1992 c 175 § 8; 1991 sp.s. c 13 § 40;
1985 c 57 § 68; 1983 c 277 § 3; 1971 ex.s. c 307 § 18.]
Effective date—1992 c 175: See RCW 82.19.900.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
(6) Investigate the availability of, and apply for funds
available from any private or public source to be used in the
program outlined in this chapter;
(7) Develop statewide programs by working with local
governments, payers of the waste reduction, recycling, and
litter control tax, and industry organizations that are active in
waste reduction, anti-litter, and recycling efforts to increase
public awareness of and participation in recycling and to
stimulate and encourage local private recycling centers, public participation in recycling and research and development in
the field of litter control, and recycling, removal, and disposal
of litter-related recycling materials;
(8) Conduct a biennial statewide litter survey targeted at
litter composition, sources, demographics, and geographic
trends; and
(9) Provide a biennial summary of all waste reduction,
litter control, and recycling efforts statewide including those
of the department of ecology, and other state agencies and
local governments funded for such programs under this chapter. This report is due to the legislature in March of evennumbered years. [1998 c 257 § 8; 1979 c 94 § 7; 1971 ex.s. c
307 § 20.]
70.93.210
70.93.210 Waste reduction, anti-litter, and recycling
campaign—Industrial cooperation requested. To aid in
the statewide waste reduction, anti-litter, and recycling campaign, the state legislature requests that the payers of the
waste reduction, recycling, and litter control tax and the various industry organizations which are active in waste reduction, anti-litter, and recycling efforts provide active cooperation with the department of ecology so that additional effect
may be given to the waste reduction, anti-litter, and recycling
campaign of the state of Washington. [1998 c 257 § 9; 1979
c 94 § 8; 1971 ex.s. c 307 § 21.]
70.93.220
Effective date—1985 c 57: See note following RCW 18.04.105.
70.93.200
70.93.200 Department of ecology—Administration
of anti-litter and recycling programs—Guidelines—
Report to legislature. In addition to the foregoing, the
department of ecology shall:
(1) Serve as the coordinating agency between the various
industry organizations seeking to aid in the waste reduction,
anti-litter, and recycling efforts;
(2) Serve as the coordinating and administrating agency
for all state agencies and local governments receiving funds
for waste reduction, litter control, and recycling under this
chapter;
(3) Recommend to the governing bodies of all local governments that they adopt ordinances similar to the provisions
of this chapter;
(4) Cooperate with all local governments to accomplish
coordination of local waste reduction, anti-litter, and recycling efforts;
(5) Encourage, organize, and coordinate all voluntary
local waste reduction, anti-litter, and recycling campaigns
seeking to focus the attention of the public on the programs of
this state to reduce waste, control and remove litter, and foster recycling;
[Title 70 RCW—page 166]
70.93.220 Litter collection programs—Department
of ecology—Coordinating agency—Use of funds—
Reporting. (1) The department of ecology is the coordinating and administrative agency working with the departments
of natural resources, revenue, transportation, and corrections,
and the parks and recreation commission in developing a
biennial budget request for funds for the various agencies' litter collection programs.
(2) Funds may be used to meet the needs of efficient and
effective litter collection and illegal dumping programs identified by the various agencies. The department shall develop
criteria for evaluating the effectiveness and efficiency of the
waste reduction, litter control, and recycling programs being
administered by the various agencies listed in RCW
70.93.180, and shall distribute funds according to the effectiveness and efficiency of those programs. In addition, the
department shall approve funding requests for efficient and
effective waste reduction, litter control, and recycling programs, provide funds, and monitor the results of all agency
programs.
(3) All agencies are responsible for reporting information on their litter collection programs, as requested by the
department of ecology. Beginning in the year 2000, this
information shall be provided to the department by March of
(2004 Ed.)
Washington Clean Air Act
even-numbered years. In 1998, this information shall be provided by July 1st.
(4) By December 1998, and in every even-numbered
year thereafter, the department shall provide a report to the
legislature summarizing biennial waste reduction, litter control, and recycling activities by state agencies and submitting
the coordinated litter budget request of all agencies. [1998 c
257 § 6.]
70.93.230
70.93.230 Violations of chapter—Penalties. Every
person convicted of a violation of this chapter for which no
penalty is specially provided for shall be punished by a fine
of not more than fifty dollars for each such violation. [1983
c 277 § 4; 1971 ex.s. c 307 § 23.]
Chapter 70.94
on this 1971 amendatory act. If affirmatively approved at the
general election, this 1971 amendatory act shall continue in
effect thereafter. [1971 ex.s. c 307 § 27.]
Reviser's note: Chapter 70.93 RCW [1971 ex.s. c 307] was approved
and validated at the November 7, 1972, general election as Alternative Initiative Measure 40B.
70.93.920 Severability—1979 c 94. If any provision of
this 1979 act or its application to any person or circumstance
is held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1979 c 94 § 11.]
70.93.920
Chapter 70.94
Chapter 70.94 RCW
WASHINGTON CLEAN AIR ACT
70.93.250
70.93.250 Funding to local governments—Reports.
(1) The department shall provide funding to local units of
government to establish, conduct, and evaluate community
restitution and other programs for waste reduction, litter and
illegal dump cleanup, and recycling. Programs eligible for
funding under this section shall include, but not be limited to,
programs established pursuant to RCW 72.09.260.
(2) Funds may be offered for costs associated with community waste reduction, litter cleanup and prevention, and
recycling activities. The funding program must be flexible,
allowing local governments to use funds broadly to meet
their needs to reduce waste, control litter and illegal dumping, and promote recycling. Local governments are required
to contribute resources or in-kind services. The department
shall evaluate funding requests from local government
according to the same criteria as those developed in RCW
70.93.220, provide funds according to the effectiveness and
efficiency of local government litter control programs, and
monitor the results of all local government programs under
this section.
(3) Local governments shall report information as
requested by the department in funding agreements entered
into by the department and a local government. The department shall report to the appropriate standing committees of
the legislature by December of even-numbered years on the
effectiveness of local government waste reduction, litter, and
recycling programs funded under this section. [2002 c 175 §
46. Prior: 1998 c 257 § 10; 1998 c 245 § 128; 1990 c 66 § 3.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Findings—Intent—1990 c 66: See note following RCW 72.09.260.
70.93.900
70.93.900 Severability—1971 ex.s. c 307. If any provision of this 1971 amendatory act or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provisions to other persons or
circumstances is not affected. [1971 ex.s. c 307 § 25.]
70.93.910
70.93.910 Alternative to Initiative 40—Placement on
ballot—Force and effect of chapter. This 1971 amendatory
act constitutes an alternative to Initiative 40. The secretary of
state is directed to place this 1971 amendatory act on the ballot in conjunction with Initiative 40 at the next general election.
This 1971 amendatory act shall continue in force and
effect until the secretary of state certifies the election results
(2004 Ed.)
Sections
70.94.011
70.94.015
70.94.017
70.94.025
70.94.030
70.94.033
70.94.035
70.94.037
70.94.040
70.94.041
70.94.053
70.94.055
70.94.057
70.94.068
70.94.069
70.94.070
70.94.081
70.94.085
70.94.091
70.94.092
70.94.093
70.94.094
70.94.095
70.94.096
70.94.097
70.94.100
70.94.110
70.94.120
70.94.130
70.94.141
70.94.142
70.94.143
70.94.151
70.94.152
70.94.153
Declaration of public policies and purpose.
Air pollution control account—Air operating permit account.
Air pollution control account—Subaccount distribution.
Pollution control hearings board of the state of Washington as
affecting chapter 70.94 RCW.
Definitions.
Environmental excellence program agreements—Effect on
chapter.
Technical assistance program for regulated community.
Transportation activities—"Conformity" determination
requirements.
Causing or permitting air pollution unlawful—Exception.
Exception—Burning wood at historic structure.
Air pollution control authorities created—Activated authorities, composition, meetings—Delineation of air pollution
regions, considerations.
Air pollution control authority may be activated by counties,
when.
Multicounty authority may be formed by contiguous counties—Name.
Merger of active and inactive authorities to form multicounty
or regional authority—Procedure.
Merger of active and inactive authorities to form multicounty
or regional authority—Reorganization of board of directors—Rules and regulations.
Resolutions activating authorities—Contents—Filings—
Effective date of operation.
Powers and duties of authorities.
Cost-reimbursement agreements.
Excess tax levy authorized—Election, procedure, expense.
Air pollution control authority—Fiscal year—Adoption of
budget—Contents.
Methods for determining proportion of supplemental income
to be paid by component cities, towns and counties—Payment.
Designation of authority treasurer and auditor—Duties.
Assessed valuation of taxable property, certification by county
assessors.
Authorization to borrow money.
Special air pollution studies—Contracts for conduct of.
Air pollution control authority—Board of directors—Composition—Term.
City selection committees.
City selection committees—Meetings, notice, recording
officer—Alternative mail balloting—Notice.
Air pollution control authority—Board of directors—Powers,
quorum, officers, compensation.
Air pollution control authority—Powers and duties of activated authority.
Subpoena powers—Witnesses, expenses and mileage—Rules
and regulations.
Federal aid.
Classification of air contaminant sources—Registration—
Fee—Registration program defined.
Notice may be required of construction of proposed new contaminant source—Submission of plans—Approval, disapproval—Emission control—"De minimis new sources"
defined.
Existing stationary source—Replacement or substantial alteration of emission control technology.
[Title 70 RCW—page 167]
Chapter 70.94
70.94.154
70.94.155
70.94.157
70.94.161
70.94.162
70.94.163
70.94.165
70.94.170
70.94.181
70.94.200
70.94.205
70.94.211
70.94.221
70.94.230
70.94.231
70.94.240
70.94.260
70.94.262
70.94.331
70.94.332
70.94.335
70.94.350
70.94.370
70.94.380
70.94.385
70.94.390
70.94.395
70.94.400
70.94.405
70.94.410
70.94.420
70.94.422
70.94.425
70.94.430
70.94.431
70.94.435
70.94.440
70.94.445
70.94.450
70.94.453
70.94.455
70.94.457
70.94.460
70.94.463
70.94.467
70.94.470
70.94.473
70.94.475
70.94.477
70.94.480
70.94.483
70.94.510
70.94.521
70.94.524
70.94.527
70.94.531
Title 70 RCW: Public Health and Safety
RACT requirements.
Control of emissions—Bubble concept—Schedules of compliance.
Preemption of uniform building and fire codes.
Operating permits for air contaminant sources—Generally—
Fees, report to legislature.
Annual fees from operating permit program source to cover
cost of program.
Source categories not required to have a permit—Recommendations.
Gasoline recovery devices—Limitation on requiring.
Air pollution control authority control officer.
Variances—Application for—Considerations—Limitations—
Renewals—Review.
Investigation of conditions by control officer or department—
Entering private, public property.
Confidentiality of records and information.
Enforcement actions by air authority—Notice to violators.
Order final unless appealed to pollution control hearings
board.
Rules of authority supersede local rules, regulations, etc.—
Exceptions.
Air pollution control authority—Dissolution of prior districts—Continuation of rules and regulations until superseded.
Air pollution control advisory council.
Dissolution of authority—Deactivation of authority.
Withdrawal from multicounty authority.
Powers and duties of department.
Enforcement actions by department—Notice to violators.
Hazardous substance remedial actions—Procedural requirements not applicable.
Contracts, agreements for use of personnel by department—
Reimbursement—Merit system regulations waived.
Powers and rights of governmental units and persons are not
limited by act or recommendations.
Emission control requirements.
State financial aid—Application for—Requirements.
Hearing upon activation of authority—Finding—Assumption
of jurisdiction by department—Expenses.
Air contaminant sources—Regulation by department; authorities may be more stringent—Hearing—Standards.
Order activating authority—Filing—Hearing—Amendment
of order.
Air pollution control authority—Review by department of program.
Air pollution control authority—Assumption of control by
department.
State departments and agencies to cooperate with department
and authorities.
Department of health powers regarding radionuclides—
Energy facility site evaluation council authority over permit
program sources.
Restraining orders—Injunctions.
Penalties.
Civil penalties—Excusable excess emissions.
Additional means for enforcement of chapter.
Short title.
Air pollution control facilities—Tax exemptions and credits.
Wood stoves—Policy.
Wood stoves—Definitions.
Residential and commercial construction—Burning and heating device standards.
Solid fuel burning devices—Emission performance standards.
Sale of unapproved wood stoves—Prohibited.
Sale of unapproved wood stoves—Penalty.
Sale of unapproved wood stoves—Application of law to
advertising media.
Residential solid fuel burning devices—Opacity levels—
Enforcement and public education.
Limitations on burning wood for heat.
Liability of condominium owners' association or resident association.
Limitations on use of solid fuel burning devices.
Wood stove education program.
Wood stove education and enforcement account created—Fee
imposed on solid fuel burning device sales.
Policy to cooperate with federal government.
Transportation demand management—Findings.
Transportation demand management—Definitions.
Transportation demand management—Requirements for
counties and cities.
Transportation demand management—Requirements for
employers.
[Title 70 RCW—page 168]
70.94.534
70.94.537
70.94.541
70.94.544
70.94.547
70.94.551
70.94.600
70.94.610
70.94.620
70.94.630
70.94.640
70.94.645
70.94.650
70.94.651
70.94.654
70.94.656
70.94.660
70.94.665
70.94.670
70.94.690
70.94.700
70.94.710
70.94.715
70.94.720
70.94.725
70.94.730
70.94.743
70.94.745
70.94.750
70.94.755
70.94.760
70.94.765
70.94.775
70.94.780
70.94.785
70.94.800
70.94.805
70.94.820
70.94.850
70.94.860
70.94.875
70.94.880
70.94.892
70.94.901
Transportation demand management—Jurisdictions' review
and penalties.
Transportation demand management—Commute trip reduction task force.
Transportation demand management—Technical assistance
team.
Transportation demand management—Use of funds.
Transportation demand management—Intent—State leadership.
Transportation demand management—State agency plan.
Reports of authorities to department of ecology—Contents.
Burning used oil fuel in land-based facilities.
Metals mining and milling operations permits—Inspections by
department of ecology.
Sulfur dioxide abatement account—Coal-fired thermal electric
generation facilities—Application—Determination and
assessment of progress—Certification of pollution level—
Reimbursement—Time limit for and extension of account.
Odors caused by agricultural activities consistent with good
agricultural practices exempt from chapter.
Ammonia emissions from use as agricultural or silvicultural
fertilizer—Regulation prohibited.
Burning permits for weed abatement, fire fighting instruction,
or agriculture activities—Issuance—Agricultural burning
practices and research task force—Exemption for aircraft
crash fire rescue training activities.
Burning permits for regeneration of rare and endangered
plants; Indian ceremonies.
Delegation of permit issuance and enforcement to political
subdivisions.
Open burning of grasses grown for seed—Alternatives—Studies—Deposit of permit fees in special grass seed burning
account—Procedures—Limitations—Report.
Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural
operations—Issuance.
Silvicultural forest burning—Reduce statewide emissions—
Exemption—Monitoring program.
Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural
operations—Conditions for issuance and use of permits—
Air quality standards to be met—Alternate methods to lessen
forest debris.
Cooperation between department of natural resources and
state, local, or regional air pollution authorities—Withholding of permits.
Rules and regulations.
Air pollution episodes—Legislative finding—Declaration of
policy.
Air pollution episodes—Episode avoidance plan—Contents—
Source emission reduction plans—Authority—Considered
orders.
Air pollution episodes—Declaration of air pollution emergency by governor.
Air pollution episodes—Restraining orders, temporary injunctions to enforce orders—Procedure.
Air pollution episodes—Orders to be effective immediately.
Outdoor burning—Areas where prohibited—Exceptions—
Use for management of storm or flood-related debris—Silvicultural burning.
Limited outdoor burning—Program—Exceptions.
Limited outdoor burning—Permits issued by political subdivisions—Types of fires permitted.
Limited outdoor burning—Establishment of program.
Limited outdoor burning—Construction.
Limited outdoor burning—Authority of local air pollution
control authority or department of ecology to allow outdoor
fires not restricted.
Outdoor burning—Fires prohibited—Exceptions.
Outdoor burning—Permits issued by political subdivisions.
Plans approved pursuant to federal clean air act—Enforcement
authority.
Legislative declaration—Intent.
Definitions.
Monitoring by department of ecology.
Emission credits banking program—Amount of credit.
Department of ecology may accept delegation of programs.
Evaluation of information on acid deposition in Pacific Northwest—Establishment of critical levels—Notification of legislature.
Establishment of critical deposition and acidification levels—
Considerations.
Carbon dioxide mitigation—Fees.
Construction—1967 c 238.
(2004 Ed.)
Washington Clean Air Act
70.94.902
70.94.904
70.94.905
70.94.906
70.94.911
70.94.950
70.94.960
70.94.970
70.94.980
70.94.990
70.94.996
Construction, repeal of RCW 70.94.061 through 70.94.066—
Saving.
Effective dates—1991 c 199.
Severability—1991 c 199.
Captions not law.
Severability—1967 c 238.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for
five years.
Clean fuel matching grants for public transit, vehicle mechanics, and refueling infrastructure.
Chlorofluorocarbons—Ozone—Refrigerants regulated.
Refrigerants—Unlawful acts.
Refrigerants—Rules—Enforcement provisions, limitations.
Grant program for ride sharing.
Environmental certification programs—Fees—Rules—Liability: RCW
43.21A.175.
Pollution Disclosure Act of 1971: Chapter 90.52 RCW.
Tax exemptions and credits for air pollution control facilities: Chapter
82.34 RCW.
Washington clean indoor air act: Chapter 70.160 RCW.
70.94.011
70.94.011 Declaration of public policies and purpose.
It is declared to be the public policy to preserve, protect, and
enhance the air quality for current and future generations. Air
is an essential resource that must be protected from harmful
levels of pollution. Improving air quality is a matter of statewide concern and is in the public interest. It is the intent of
this chapter to secure and maintain levels of air quality that
protect human health and safety, including the most sensitive
members of the population, to comply with the requirements
of the federal clean air act, to prevent injury to plant, animal
life, and property, to foster the comfort and convenience of
Washington's inhabitants, to promote the economic and
social development of the state, and to facilitate the enjoyment of the natural attractions of the state.
It is further the intent of this chapter to protect the public
welfare, to preserve visibility, to protect scenic, aesthetic,
historic, and cultural values, and to prevent air pollution
problems that interfere with the enjoyment of life, property,
or natural attractions.
Because of the extent of the air pollution problem the
legislature finds it necessary to return areas with poor air
quality to levels adequate to protect health and the environment as expeditiously as possible but no later than December
31, 1995. Further, it is the intent of this chapter to prevent any
areas of the state with acceptable air quality from reaching air
contaminant levels that are not protective of human health
and the environment.
The legislature recognizes that air pollution control
projects may affect other environmental media. In selecting
air pollution control strategies state and local agencies shall
support those strategies that lessen the negative environmental impact of the project on all environmental media, including air, water, and land.
The legislature further recognizes that energy efficiency
and energy conservation can help to reduce air pollution and
shall therefore be considered when making decisions on air
pollution control strategies and projects.
It is the policy of the state that the costs of protecting the
air resource and operating state and local air pollution control
programs shall be shared as equitably as possible among all
sources whose emissions cause air pollution.
It is also declared as public policy that regional air pollution control programs are to be encouraged and supported to
(2004 Ed.)
70.94.015
the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality.
To these ends it is the purpose of this chapter to safeguard the public interest through an intensive, progressive,
and coordinated statewide program of air pollution prevention and control, to provide for an appropriate distribution of
responsibilities, and to encourage coordination and cooperation between the state, regional, and local units of government, to improve cooperation between state and federal government, public and private organizations, and the concerned
individual, as well as to provide for the use of all known,
available, and reasonable methods to reduce, prevent, and
control air pollution.
The legislature recognizes that the problems and effects
of air pollution cross political boundaries, are frequently
regional or interjurisdictional in nature, and are dependent
upon the existence of human activity in areas having common topography and weather conditions conducive to the
buildup of air contaminants. In addition, the legislature recognizes that air pollution levels are aggravated and compounded by increased population, and its consequences.
These changes often result in increasingly serious problems
for the public and the environment.
The legislature further recognizes that air emissions
from thousands of small individual sources are major contributors to air pollution in many regions of the state. As the population of a region grows, small sources may contribute an
increasing proportion of that region's total air emissions. It is
declared to be the policy of the state to achieve significant
reductions in emissions from those small sources whose
aggregate emissions constitute a significant contribution to
air pollution in a particular region.
It is the intent of the legislature that air pollution goals be
incorporated in the missions and actions of state agencies.
[1991 c 199 § 102; 1973 1st ex.s. c 193 § 1; 1969 ex.s. c 168
§ 1; 1967 c 238 § 1.]
Finding—1991 c 199: "The legislature finds that ambient air pollution
is the most serious environmental threat in Washington state. Air pollution
causes significant harm to human health; damages the environment, including trees, crops, and animals; causes deterioration of equipment and materials; contributes to water pollution; and degrades the quality of life.
Over three million residents of Washington state live where air pollution levels are considered unhealthful. Of all toxic chemicals released into
the environment more than half enter our breathing air. Citizens of Washington state spend hundreds of millions of dollars annually to offset health, environmental, and material damage caused by air pollution. The legislature considers such air pollution levels, costs, and damages to be unacceptable.
It is the intent of this act that the implementation of programs and regulations to control air pollution shall be the primary responsibility of the
department of ecology and local air pollution control authorities." [1991 c
199 § 101.]
Alternative fuel and solar powered vehicles—1991 c 199: "The
department of ecology shall contract with Western Washington University
for the biennium ending June 30, 1993, for research and development of
alternative fuel and solar powered vehicles. A report on the progress of such
research shall be presented to the standing environmental committees and
the department by January 1, 1994." [1991 c 199 § 230.]
70.94.015
70.94.015 Air pollution control account—Air operating permit account. (1) The air pollution control account is
established in the state treasury. All receipts collected by or
on behalf of the department from RCW 70.94.151(2), and
receipts from nonpermit program sources under RCW
70.94.152(1) and 70.94.154(7), and all receipts from RCW
[Title 70 RCW—page 169]
70.94.017
Title 70 RCW: Public Health and Safety
70.94.650, 70.94.660, *82.44.020(2), and *82.50.405 shall
be deposited into the account. Moneys in the account may be
spent only after appropriation. Expenditures from the account
may be used only to develop and implement the provisions of
chapters 70.94 and 70.120 RCW.
(2) The amounts collected and allocated in accordance
with this section shall be expended upon appropriation except
as otherwise provided in this section and in accordance with
the following limitations:
Portions of moneys received by the department of ecology from the air pollution control account shall be distributed
by the department to local authorities based on:
(a) The level and extent of air quality problems within
such authority's jurisdiction;
(b) The costs associated with implementing air pollution
regulatory programs by such authority; and
(c) The amount of funding available to such authority
from other sources, whether state, federal, or local, that could
be used to implement such programs.
(3) The air operating permit account is created in the custody of the state treasurer. All receipts collected by or on
behalf of the department from permit program sources under
RCW 70.94.152(1), 70.94.161, 70.94.162, and 70.94.154(7)
shall be deposited into the account. Expenditures from the
account may be used only for the activities described in RCW
70.94.152(1), 70.94.161, 70.94.162, and 70.94.154(7). Moneys in the account may be spent only after appropriation.
[1998 c 321 § 33 (Referendum Bill No. 49, approved November 3, 1998); 1993 c 252 § 1; 1991 c 199 § 228.]
*Reviser's note: RCW 82.44.020 and 82.50.405 were repealed by 2000
1st sp.s. c 1 § 2.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note following
RCW 35.58.410.
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.017
70.94.017 Air pollution control account—Subaccount distribution. (Expires July 1, 2008.) (1) Money
deposited in the segregated subaccount of the air pollution
control account under RCW 46.68.020(2) shall be distributed
as follows:
(a) Eighty-five percent shall be distributed to air pollution control authorities created under this chapter. The
money must be distributed in direct proportion with the
amount of fees imposed under RCW 46.12.080, 46.12.170,
and 46.12.181 that are collected within the boundaries of
each authority. However, an amount in direct proportion
with those fees collected in counties for which no air pollution control authority exists must be distributed to the department.
(b) The remaining fifteen percent shall be distributed to
the department.
(2) Money distributed to air pollution control authorities
and the department under subsection (1) of this section must
be used as follows:
(a) Eighty-five percent of the money received by an air
pollution control authority or the department must be used to
retrofit school buses with exhaust emission control devices or
to provide funding for fueling infrastructure necessary to
allow school bus fleets to use alternative, cleaner fuels.
[Title 70 RCW—page 170]
(b) The remaining fifteen percent may be used by the air
pollution control authority or department to reduce vehicle
air contaminant emissions and clean up air pollution, or
reduce and monitor toxic air contaminants.
(3) Money in the air pollution control account may be
spent by the department only after appropriation.
(4) The department shall provide a report to the legislative transportation committees on the progress of the implementation of this section by December 31, 2004. [2003 c 264
§ 1.]
Expiration date—2003 c 264 §§ 1 and 3: See note following RCW
90.56.335.
70.94.025
70.94.025 Pollution control hearings board of the
state of Washington as affecting chapter 70.94 RCW.
See chapter 43.21B RCW.
70.94.030
70.94.030 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have the following meanings:
(1) "Air contaminant" means dust, fumes, mist, smoke,
other particulate matter, vapor, gas, odorous substance, or
any combination thereof.
(2) "Air pollution" is presence in the outdoor atmosphere
of one or more air contaminants in sufficient quantities and of
such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or
which unreasonably interfere with enjoyment of life and
property. For the purpose of this chapter, air pollution shall
not include air contaminants emitted in compliance with
chapter 17.21 RCW.
(3) "Air quality standard" means an established concentration, exposure time, and frequency of occurrence of an air
contaminant or multiple contaminants in the ambient air
which shall not be exceeded.
(4) "Ambient air" means the surrounding outside air.
(5) "Authority" means any air pollution control agency
whose jurisdictional boundaries are coextensive with the
boundaries of one or more counties.
(6) "Best available control technology" (BACT) means
an emission limitation based on the maximum degree of
reduction for each air pollutant subject to regulation under
this chapter emitted from or that results from any new or
modified stationary source, that the permitting authority, on a
case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is
achievable for such a source or modification through application of production processes and available methods, systems,
and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of
each such a pollutant. In no event shall application of "best
available control technology" result in emissions of any pollutants that will exceed the emissions allowed by any applicable standard under 40 C.F.R. Part 60 and Part 61, as they exist
on July 25, 1993, or their later enactments as adopted by reference by the director by rule. Emissions from any source utilizing clean fuels, or any other means, to comply with this
subsection shall not be allowed to increase above levels that
would have been required under the definition of BACT as it
(2004 Ed.)
Washington Clean Air Act
existed prior to enactment of the [federal] clean air act
amendments of 1990.
(7) "Best available retrofit technology" (BART) means
an emission limitation based on the degree of reduction
achievable through the application of the best system of continuous emission reduction for each pollutant that is emitted
by an existing stationary facility. The emission limitation
must be established, on a case-by-case basis, taking into consideration the technology available, the costs of compliance,
the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and
the degree of improvement in visibility that might reasonably
be anticipated to result from the use of the technology.
(8) "Board" means the board of directors of an authority.
(9) "Control officer" means the air pollution control
officer of any authority.
(10) "Department" or "ecology" means the department of
ecology.
(11) "Emission" means a release of air contaminants into
the ambient air.
(12) "Emission standard" and "emission limitation"
mean a requirement established under the federal clean air act
or this chapter that limits the quantity, rate, or concentration
of emissions of air contaminants on a continuous basis,
including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction,
and any design, equipment, work practice, or operational
standard adopted under the federal clean air act or this chapter.
(13) "Lowest achievable emission rate" (LAER) means
for any source that rate of emissions that reflects:
(a) The most stringent emission limitation that is contained in the implementation plan of any state for such class
or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not
achievable; or
(b) The most stringent emission limitation that is
achieved in practice by such class or category of source,
whichever is more stringent.
In no event shall the application of this term permit a
proposed new or modified source to emit any pollutant in
excess of the amount allowable under applicable new source
performance standards.
(14) "Modification" means any physical change in, or
change in the method of operation of, a stationary source that
increases the amount of any air contaminant emitted by such
source or that results in the emission of any air contaminant
not previously emitted. The term modification shall be construed consistent with the definition of modification in Section 7411, Title 42, United States Code, and with rules implementing that section.
(15) "Multicounty authority" means an authority which
consists of two or more counties.
(16) "New source" means (a) the construction or modification of a stationary source that increases the amount of any
air contaminant emitted by such source or that results in the
emission of any air contaminant not previously emitted, and
(b) any other project that constitutes a new source under the
federal clean air act.
(2004 Ed.)
70.94.035
(17) "Permit program source" means a source required to
apply for or to maintain an operating permit under RCW
70.94.161.
(18) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.
(19) "Reasonably available control technology" (RACT)
means the lowest emission limit that a particular source or
source category is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility. RACT is determined
on a case-by-case basis for an individual source or source category taking into account the impact of the source upon air
quality, the availability of additional controls, the emission
reduction to be achieved by additional controls, the impact of
additional controls on air quality, and the capital and operating costs of the additional controls. RACT requirements for a
source or source category shall be adopted only after notice
and opportunity for comment are afforded.
(20) "Silvicultural burning" means burning of wood fiber
on forest land consistent with the provisions of RCW
70.94.660.
(21) "Source" means all of the emissions units including
quantifiable fugitive emissions, that are located on one or
more contiguous or adjacent properties, and are under the
control of the same person, or persons under common control, whose activities are ancillary to the production of a single product or functionally related group of products.
(22) "Stationary source" means any building, structure,
facility, or installation that emits or may emit any air contaminant. [1993 c 252 § 2; 1991 c 199 § 103; 1987 c 109 § 33;
1979 c 141 § 119; 1969 ex.s. c 168 § 2; 1967 ex.s. c 61 § 1;
1967 c 238 § 2; 1957 c 232 § 3.]
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.033
70.94.033 Environmental excellence program agreements—Effect on chapter. Notwithstanding any other provision of law, any legal requirement under this chapter,
including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement,
entered into under chapter 43.21K RCW. [1997 c 381 § 21.]
Purpose—1997 c 381: See RCW 43.21K.005.
70.94.035
70.94.035 Technical assistance program for regulated community. The department shall establish a technical
assistance unit within its air quality program, consistent with
the federal clean air act, to provide the regulated community,
especially small businesses with:
(1) Information on air pollution laws, rules, compliance
methods, and technologies;
(2) Information on air pollution prevention methods and
technologies, and prevention of accidental releases;
(3) Assistance in obtaining permits and developing emission reduction plans;
(4) Information on the health and environmental effects
of air pollution.
[Title 70 RCW—page 171]
70.94.037
Title 70 RCW: Public Health and Safety
No representatives of the department designated as part
of the technical assistance unit created in this section may
have any enforcement authority. Staff of the technical assistance unit who provide on-site consultation at an industrial or
commercial facility and who observe violations of air quality
rules shall immediately inform the owner or operator of the
facility of such violations. On-site consultation visits shall
not be regarded as an inspection or investigation and no
notices or citations may be issued or civil penalties assessed
during such a visit. However, violations shall be reported to
the appropriate enforcement agency and the facility owner or
operator shall be notified that the violations will be reported.
No enforcement action shall be taken by the enforcement
agency for violations reported by technical assistance unit
staff unless and until the facility owner or operator has been
provided reasonable time to correct the violation. Violations
that place any person in imminent danger of death or substantial bodily harm or cause physical damage to the property of
another in an amount exceeding one thousand dollars may
result in immediate enforcement action by the appropriate
enforcement agency. [1991 c 199 § 308.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.037
70.94.037 Transportation activities—"Conformity"
determination requirements. In areas subject to a state
implementation plan, no state agency, metropolitan planning
organization, or local government shall approve or fund a
transportation plan, program, or project within or that affects
a nonattainment area unless a determination has been made
that the plan, program, or project conforms with the state
implementation plan for air quality as required by the federal
clean air act.
Conformity determination shall be made by the state or
local government or metropolitan planning organization
administering or developing the plan, program, or project.
No later than eighteen months after May 15, 1991, the
director of the department of ecology and the secretary of
transportation, in consultation with other state, regional, and
local agencies as appropriate, shall adopt by rule criteria and
guidance for demonstrating and assuring conformity of plans,
programs, and projects that are wholly or partially federally
funded.
A project with a scope that is limited to preservation or
maintenance, or both, shall be exempted from a conformity
determination requirement. [1991 c 199 § 219.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.040
70.94.040 Causing or permitting air pollution unlawful—Exception. Except where specified in a variance permit, as provided in RCW 70.94.181, it shall be unlawful for
any person to cause air pollution or permit it to be caused in
violation of this chapter, or of any ordinance, resolution, rule
or regulation validly promulgated hereunder. [1980 c 175 §
2; 1967 c 238 § 3; 1957 c 232 § 4.]
70.94.041
70.94.041 Exception—Burning wood at historic
structure. Except as otherwise provided in this section, any
building or structure listed on the national register of historic
sites, structures, or buildings established pursuant to 80 Stat.
915, 16 U.S.C. Sec. 470a, or on the state register established
[Title 70 RCW—page 172]
pursuant to RCW 27.34.220, shall be permitted to burn wood
as it would have when it was a functioning facility as an
authorized exception to the provisions of this chapter. Such
burning of wood shall not be exempted from the provisions of
RCW 70.94.710 through 70.94.730. [1991 c 199 § 506; 1983
c 3 § 175; 1977 ex.s. c 38 § 1.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.053
70.94.053 Air pollution control authorities created—
Activated authorities, composition, meetings—Delineation of air pollution regions, considerations. (1) In each
county of the state there is hereby created an air pollution
control authority, which shall bear the name of the county
within which it is located. The boundaries of each authority
shall be coextensive with the boundaries of the county within
which it is located. An authority shall include all incorporated
and unincorporated areas of the county within which it is
located.
(2) Except as provided in RCW 70.94.262, all authorities
which are presently activated authorities shall carry out the
duties and exercise the powers provided in this chapter.
Those activated authorities which encompass contiguous
counties are declared to be and directed to function as a multicounty authority.
(3) All other air pollution control authorities are hereby
designated as inactive authorities.
(4) The boards of those authorities designated as activated authorities by this chapter shall be comprised of such
individuals as is provided in RCW 70.94.100. [1995 c 135 §
5. Prior: 1991 c 363 § 143; 1991 c 199 § 701; 1991 c 125 §
1; prior: 1987 c 505 § 60; 1987 c 109 § 34; 1979 c 141 § 120;
1967 c 238 § 4.]
Intent—1995 c 135: See note following RCW 29A.08.760.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.055
70.94.055 Air pollution control authority may be
activated by counties, when. The legislative authority of
any county may activate an air pollution control authority following a public hearing on its own motion, or upon a filing of
a petition signed by one hundred property owners within the
county. If the county legislative authority determines as a
result of the public hearing that:
(1) Air pollution exists or is likely to occur; and
(2) The city or town ordinances, or county resolutions, or
their enforcement, are inadequate to prevent or control air
pollution,
it may by resolution activate an air pollution control authority
or combine with a contiguous county or counties to form a
multicounty air pollution control authority. [1995 c 135 § 6.
Prior: 1991 c 363 § 144; 1991 c 199 § 702; 1967 c 238 § 5.]
Intent—1995 c 135: See note following RCW 29A.08.760.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Finding—1991 c 199: See note following RCW 70.94.011.
(2004 Ed.)
Washington Clean Air Act
70.94.057 Multicounty authority may be formed by
contiguous counties—Name. The boards of county commissioners of two or more contiguous counties may, by joint
resolution, combine to form a multicounty air pollution control authority. Boundaries of such authority shall be coextensive with the boundaries of the counties forming the authority.
The name of the multicounty authority shall bear the
names of the counties making up such multicounty authority
or a name adopted by the board of such multicounty authority. [1967 c 238 § 6.]
70.94.057
70.94.068 Merger of active and inactive authorities to
form multicounty or regional authority—Procedure. The
respective boards of county commissioners of two or more
contiguous counties may merge any combination of their several inactive or activated authorities to form one activated
multicounty authority. Upon a determination that the purposes of this chapter will be served by such merger, each
board of county commissioners may adopt the resolution providing for such merger. Such resolution shall become effective only when a similar resolution is adopted by the other
contiguous county or counties comprising the proposed
authority. The boundaries of such authority shall be coextensive with the boundaries of the counties within which it is
located. [1969 ex.s. c 168 § 3; 1967 c 238 § 11.]
70.94.068
70.94.069 Merger of active and inactive authorities to
form multicounty or regional authority—Reorganization
of board of directors—Rules and regulations. Whenever
there occurs a merger of an inactive authority with an activated authority or authorities, or of two activated authorities
to form a multicounty authority, the board of directors shall
be reorganized as provided in RCW 70.94.100, 70.94.110,
and 70.94.120.
In the case of the merger of two or more activated
authorities the rules and regulations of each authority shall
continue in effect and shall be enforced within the jurisdiction of each until such time as the board of directors adopts
rules and regulations applicable to the newly formed multicounty authority.
In the case of the merger of an inactive authority with an
activated authority or authorities, upon approval of such
merger by the board or boards of county commissioners of
the county or counties comprising the existing activated
authority or authorities, the rules and regulations of the activated authority or authorities shall remain in effect until
superseded by the rules and regulations of the multicounty
authority as provided in RCW 70.94.230. [1969 ex.s. c 168 §
4; 1967 c 238 § 12.]
70.94.085
air pollution control program. Upon the adoption of a resolution or resolutions calling for the activation of an authority or
the merger of an inactive or activated authority or several
activated authorities to form a multicounty authority, the governing body of each shall cause a certified copy of each such
ordinance or resolution to be filed in the office of the secretary of state of the state of Washington. From and after the
date of filing with the secretary of state a certified copy of
each such resolution, or resolutions, or the date specified in
such resolution or resolutions, whichever is later, the authority may begin to function and may exercise its powers.
Any authority activated by the provisions of this chapter
shall cause a certified copy of all information required by this
section to be filed in the office of the secretary of state of the
state of Washington. [1969 ex.s. c 168 § 5; 1967 c 238 § 13;
1957 c 232 § 7.]
70.94.081
70.94.081 Powers and duties of authorities. An activated authority shall be deemed a municipal corporation;
have right to perpetual succession; adopt and use a seal; may
sue and be sued in the name of the authority in all courts and
in all proceedings; and, may receive, account for, and disburse funds, employ personnel, and acquire or dispose of any
interest in real or personal property within or without the
authority in the furtherance of its purposes. [1969 ex.s. c 168
§ 6; 1967 c 238 § 14.]
70.94.069
70.94.070 Resolutions activating authorities—Contents—Filings—Effective date of operation. The resolution or resolutions activating an air pollution authority shall
specify the name of the authority and participating political
bodies; the authority's principal place of business; the territory included within it; and the effective date upon which
such authority shall begin to transact business and exercise its
powers. In addition, such resolution or resolutions may specify the amount of money to be contributed annually by each
political subdivision, or a method of dividing expenses of the
70.94.070
(2004 Ed.)
70.94.085
70.94.085 Cost-reimbursement agreements. (1) An
authority may enter into a written cost-reimbursement agreement with a permit applicant to recover from the applicant the
reasonable costs incurred by the authority in carrying out the
requirements of this chapter, as well as the requirements of
other relevant laws, as they relate to permit coordination,
environmental review, application review, technical studies,
and permit processing. The cost-reimbursement agreement
shall identify the specific tasks, costs, and schedule for work
to be conducted under the agreement.
(2) The written cost-reimbursement agreement shall be
negotiated with the permit applicant. Under the provisions of
a cost-reimbursement agreement, funds from the applicant
shall be used by the air pollution control authority to contract
with an independent consultant to carry out the work covered
by the cost-reimbursement agreement. The air pollution control authority may also use funds provided under a cost-reimbursement agreement to assign current staff to review the
work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the
permit. The air pollution control authority shall, in developing the agreement, ensure that final decisions that involve
policy matters are made by the agency and not by the consultant. The air pollution control authority shall make an estimate of the number of permanent staff hours to process the
permits, and shall contract with consultants to replace the
time and functions committed by these permanent staff to the
project. The billing process shall provide for accurate time
and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement
agreements shall not reduce the current level of staff avail[Title 70 RCW—page 173]
70.94.091
Title 70 RCW: Public Health and Safety
able to work on permits not covered by cost-reimbursement
agreements. The air pollution control authority may not use
any funds under a cost-reimbursement agreement to replace
or supplant existing funding. The provisions of chapter 42.52
RCW apply to any cost-reimbursement agreement, and to any
person hired as a result of a cost-reimbursement agreement.
Members of the air pollution control authority's board of
directors shall be considered as state officers, and employees
of the air pollution control authority shall be considered as
state employees, for the sole purpose of applying the restrictions of chapter 42.52 RCW to this section.
(3) An air pollution control authority may not enter into
any new cost-reimbursement agreements on or after July 1,
2007. The authority may continue to administer any costreimbursement agreement that was entered into before July 1,
2007, until the project is completed. [2003 c 70 § 5; 2000 c
251 § 6.]
Intent—Captions not law—Effective date—2000 c 251: See notes
following RCW 43.21A.690.
70.94.091
70.94.091 Excess tax levy authorized—Election, procedure, expense. An activated authority shall have the
power to levy additional taxes in excess of the constitutional
and/or statutory tax limitations for any of the authorized purposes of such activated authority, not in excess of twenty-five
cents per thousand dollars of assessed value a year when
authorized so to do by the electors of such authority by a
three-fifths majority of those voting on the proposition at a
special election, to be held in the year in which the levy is
made, in the manner set forth in Article VII, section 2 (a) of
the Constitution of this state, as amended by Amendment 59
and as thereafter amended. Nothing herein shall be construed
to prevent holding the foregoing special election at the same
time as that fixed for a general election. The expense of all
special elections held pursuant to this section shall be paid by
the authority. [1973 1st ex.s. c 195 § 84; 1969 ex.s. c 168 §
7; 1967 c 238 § 15.]
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
70.94.092
70.94.092 Air pollution control authority—Fiscal
year—Adoption of budget—Contents. Notwithstanding
the provisions of RCW 1.16.030, the budget year of each
activated authority shall be the fiscal year beginning July 1st
and ending on the following June 30th. On or before the
fourth Monday in June of each year, each activated authority
shall adopt a budget for the following fiscal year. The activated authority budget shall contain adequate funding and
provide for staff sufficient to carry out the provisions of all
applicable ordinances, resolutions, and local regulations
related to the reduction, prevention, and control of air pollution. The legislature acknowledges the need for the state to
provide reasonable funding to local authorities to carry out
the requirements of this chapter. The budget shall contain an
estimate of all revenues to be collected during the following
budget year, including any surplus funds remaining unexpended from the preceding year. The remaining funds
required to meet budget expenditures, if any, shall be designated as "supplemental income" and shall be obtained from
the component cities, towns, and counties in the manner provided in this chapter. The affirmative vote of three-fourths of
[Title 70 RCW—page 174]
all members of the board shall be required to authorize emergency expenditures. [1991 c 199 § 703; 1975 1st ex.s. c 106
§ 1; 1969 ex.s. c 168 § 8; 1967 c 238 § 16.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.093
70.94.093 Methods for determining proportion of
supplemental income to be paid by component cities,
towns and counties—Payment. (1) Each component city or
town shall pay such proportion of the supplemental income to
the authority as determined by either one of the following
prescribed methods or by a combination of fifty percent of
one and fifty percent of the other as provided in subsection
(1)(c) of this section:
(a) Each component city or town shall pay such proportion of the supplemental income as the assessed valuation of
property within its limits bears to the total assessed valuation
of taxable property within the activated authority.
(b) Each component city or town shall pay such proportion of the supplemental income as the total population of
such city or town bears to the total population of the activated
authority. The population of the city or town shall be determined by the most recent census, estimate or survey by the
federal bureau of census or any state board or commission
authorized to make such a census, estimate or survey.
(c) A combination of the methods prescribed in (a) and
(b) of this subsection: PROVIDED, That such combination
shall be of fifty percent of the method prescribed in (a) of this
subsection and fifty percent of the method prescribed in (b) of
this subsection.
(2) Each component county shall pay such proportion of
such supplemental income to the authority as determined by
either one of the following prescribed methods or by a combination of fifty percent of one and fifty percent of the other
as prescribed in subsection (2)(c) of this section:
(a) Each component county shall pay such proportion of
such supplemental income as the assessed valuation of the
property within the unincorporated area of such county lying
within the activated authority bears to the total assessed valuation of taxable property within the activated authority.
(b) Each component county shall pay such proportion of
the supplemental income as the total population of the unincorporated area of such county bears to the total population of
the activated authority. The population of the county shall be
determined by the most recent census, estimate or survey by
the federal bureau of census or any state board or commission
authorized to make such a census, estimate or survey.
(c) A combination of the methods prescribed in (a) and
(b) of this subsection: PROVIDED, That such combination
shall be of fifty percent of the method prescribed in (a) of this
subsection and fifty percent of the method prescribed in (b) of
this subsection.
(3) In making such determination of the assessed valuation of property in the component cities, towns and counties,
the board shall use the last available assessed valuations. The
board shall certify to each component city, town and county,
prior to the fourth Monday in June of each year, the share of
the supplemental income to be paid by such component city,
town or county for the next calendar year. The latter shall
then include such amount in its budget for the ensuing calendar year, and during such year shall pay to the activated
(2004 Ed.)
Washington Clean Air Act
authority, in equal quarterly installments, the amount of its
supplemental share. [1969 ex.s. c 168 § 9; 1967 c 238 § 17.]
70.94.094
70.94.094 Designation of authority treasurer and
auditor—Duties. The treasurer of each component city,
town or county shall create a separate fund into which shall
be paid all money collected from taxes or from any other
available sources, levied by or obtained for the activated
authority on property or on any other available sources in
such city, town or county and such money shall be forwarded
quarterly by the treasurer of each such city, town or county to
the treasurer of the county designated by the board as the
authority treasurer. The treasurer of the county so designated
to serve as treasurer of the authority shall establish and maintain such funds as may be authorized by the board. Money
shall be disbursed from such funds upon warrants drawn by
the auditor of the county designated by the board as the
authority auditor as authorized by the board. The respective
county shall be reimbursed by the board for services rendered
by the treasurer and auditor of the respective county in connection with the receipt and disbursement of such funds.
[1969 ex.s. c 168 § 10; 1967 c 238 § 18.]
70.94.095
70.94.095 Assessed valuation of taxable property,
certification by county assessors. It shall be the duty of the
assessor of each component county to certify annually to the
board the aggregate assessed valuation of all taxable property
in all incorporated and unincorporated areas situated in any
activated authority as the same appears from the last assessment roll of his county. [1969 ex.s. c 168 § 11; 1967 c 238 §
19.]
70.94.096
70.94.096 Authorization to borrow money. An activated authority shall have the power when authorized by a
majority of all members of the board to borrow money from
any component city, town or county and such cities, towns
and counties are hereby authorized to make such loans or
advances on such terms as may be mutually agreed upon by
the board and the legislative bodies of any such component
city, town or county to provide funds to carry out the purposes of the activated authority. [1969 ex.s. c 168 § 12; 1967
c 238 § 20.]
70.94.097
70.94.097 Special air pollution studies—Contracts
for conduct of. In addition to paying its share of the supplemental income of the activated authority, each component
city, town, or county shall have the power to contract with
such authority and expend funds for the conduct of special
studies, investigations, plans, research, advice, or consultation relating to air pollution and its causes, effects, prevention, abatement, and control as such may affect any area
within the boundaries of the component city, town, or county,
and which could not be performed by the authority with funds
otherwise available to it. Any component city, town or
county which contracts for the conduct of such special air
pollution studies, investigations, plans, research, advice or
consultation with any entity other than the activated authority
shall require that such an entity consult with the activated
authority. [1975 1st ex.s. c 106 § 2.]
(2004 Ed.)
70.94.120
70.94.100 Air pollution control authority—Board of
directors—Composition—Term. (1) The governing body
of each authority shall be known as the board of directors.
(2) In the case of an authority comprised of one county
the board shall be comprised of two appointees of the city
selection committee, at least one of whom shall represent the
city having the most population in the county, and two representatives to be designated by the board of county commissioners. In the case of an authority comprised of two, three,
four, or five counties, the board shall be comprised of one
appointee from each county, who shall represent the city having the most population in such county, to be designated by
the mayor and city council of such city, and one representative from each county to be designated by the board of county
commissioners of each county making up the authority. In the
case of an authority comprised of six or more counties, the
board shall be comprised of one representative from each
county to be designated by the board of county commissioners of each county making up the authority, and three appointees, one each from the three largest cities within the local
authority's jurisdiction to be appointed by the mayor and city
council of such city.
(3) If the board of an authority otherwise would consist
of an even number, the members selected as above provided
shall agree upon and elect an additional member who shall be
either a member of the governing body of one of the towns,
cities or counties comprising the authority, or a private citizen residing in the authority.
(4) The terms of office of board members shall be four
years.
(5) Wherever a member of a board has a potential conflict of interest in an action before the board, the member
shall declare to the board the nature of the potential conflict
prior to participating in the action review. The board shall, if
the potential conflict of interest, in the judgment of a majority
of the board, may prevent the member from a fair and objective review of the case, remove the member from participation in the action. [1991 c 199 § 704; 1989 c 150 § 1; 1969
ex.s. c 168 § 13; 1967 c 238 § 21; 1957 c 232 § 10.]
70.94.100
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.110 City selection committees. There shall be a
separate and distinct city selection committee for each county
making up an authority. The membership of such committee
shall consist of the mayor of each incorporated city and town
within such county. A majority of the members of each city
selection committee shall constitute a quorum. [1967 c 238 §
22; 1963 c 27 § 1; 1957 c 232 § 11.]
70.94.110
70.94.120 City selection committees—Meetings,
notice, recording officer—Alternative mail balloting—
Notice. (1) The city selection committee of each county
which is included within an authority shall meet within one
month after the activation of such authority for the purpose of
making its initial appointments to the board of such authority
and thereafter whenever necessary for the purpose of making
succeeding appointments. All meetings shall be held upon at
least two weeks written notice given by the county auditor to
each member of the city selection committee of each county
and he shall give such notice upon request of any member of
such committee. A similar notice shall be given to the general
70.94.120
[Title 70 RCW—page 175]
70.94.130
Title 70 RCW: Public Health and Safety
public by a publication of such notice in a newspaper of general circulation in such authority. The county auditor shall act
as recording officer, maintain its records and give appropriate
notice of its proceedings and actions.
(2) As an alternative to meeting in accordance with subsection (1) of this section, the county auditor may mail ballots
by certified mail to the members of the city selection committee, specifying a date by which to complete the ballot, and a
date by which to return the completed ballot. Each mayor
who chooses to participate in the balloting shall write in the
choice for appointment, sign the ballot, and return the ballot
to the county auditor. Each completed ballot shall be datestamped upon receipt by the mayor or staff of the mayor of
the city or town. The timely return of completed ballots by a
majority of the members of each city selection committee
constitutes a quorum and the common choice by a majority of
the quorum constitutes a valid appointment.
(3) Balloting shall be preceded by at least two weeks'
written notice, given by the county auditor to each member of
the city selection committee. A similar notice shall be given
to the general public by publication in a newspaper of general
circulation in the authority. [1995 c 261 § 2; 1969 ex.s. c 168
§ 14; 1967 c 238 § 23; 1957 c 232 § 12.]
70.94.130
70.94.130 Air pollution control authority—Board of
directors—Powers, quorum, officers, compensation. The
board shall exercise all powers of the authority except as otherwise provided. The board shall conduct its first meeting
within thirty days after all of its members have been
appointed or designated as provided in RCW 70.94.100. The
board shall meet at least ten times per year. All meetings shall
be publicly announced prior to their occurrence. All meetings
shall be open to the public. A majority of the board shall constitute a quorum for the transaction of business and shall be
necessary for any action taken by the board. The board shall
elect from its members a chair and such other officers as may
be necessary. Any member of the board may designate a regular alternate to serve on the board in his or her place with the
same authority as the member when he or she is unable to
attend. In no event may a regular alternate serve as the permanent chair. Each member of the board, or his or her representative, shall receive from the authority compensation consistent with such authority's rates (but not to exceed one thousand dollars per year) for time spent in the performance of
duties under this chapter, plus the actual and necessary
expenses incurred by the member in such performance. The
board may appoint a control officer, and any other personnel,
and shall determine their salaries, and pay same, together
with any other proper indebtedness, from authority funds.
[1998 c 342 § 1; 1991 c 199 § 705; 1969 ex.s. c 168 § 15;
1967 c 238 § 24; 1957 c 232 § 13.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.141
70.94.141 Air pollution control authority—Powers
and duties of activated authority. The board of any activated authority in addition to any other powers vested in them
by law, shall have power to:
(1) Adopt, amend and repeal its own rules and regulations, implementing this chapter and consistent with it, after
consideration at a public hearing held in accordance with
[Title 70 RCW—page 176]
chapter 42.30 RCW. Rules and regulations shall also be
adopted in accordance with the notice and adoption procedures set forth in RCW 34.05.320, those provisions of RCW
34.05.325 that are not in conflict with chapter 42.30 RCW,
and with the procedures of RCW 34.05.340, *34.05.355
through 34.05.380, and with chapter 34.08 RCW, except that
rules shall not be published in the Washington Administrative Code. Judicial review of rules adopted by an authority
shall be in accordance with Part V of chapter 34.05 RCW. An
air pollution control authority shall not be deemed to be a
state agency.
(2) Hold hearings relating to any aspect of or matter in
the administration of this chapter not prohibited by the provisions of chapter 62, Laws of 1970 ex. sess. and in connection
therewith issue subpoenas to compel the attendance of witnesses and the production of evidence, administer oaths and
take the testimony of any person under oath.
(3) Issue such orders as may be necessary to effectuate
the purposes of this chapter and enforce the same by all
appropriate administrative and judicial proceedings subject
to the rights of appeal as provided in chapter 62, Laws of
1970 ex. sess.
(4) Require access to records, books, files and other
information specific to the control, recovery or release of air
contaminants into the atmosphere.
(5) Secure necessary scientific, technical, administrative
and operational services, including laboratory facilities, by
contract or otherwise.
(6) Prepare and develop a comprehensive plan or plans
for the prevention, abatement and control of air pollution
within its jurisdiction.
(7) Encourage voluntary cooperation by persons or
affected groups to achieve the purposes of this chapter.
(8) Encourage and conduct studies, investigation and
research relating to air pollution and its causes, effects, prevention, abatement and control.
(9) Collect and disseminate information and conduct
educational and training programs relating to air pollution.
(10) Advise, consult, cooperate and contract with agencies and departments and the educational institutions of the
state, other political subdivisions, industries, other states,
interstate or interlocal agencies, and the United States government, and with interested persons or groups.
(11) Consult, upon request, with any person proposing to
construct, install, or otherwise acquire an air contaminant
source or device or system for the control thereof, concerning
the efficacy of such device or system, or the air pollution
problems which may be related to the source, device or system. Nothing in any such consultation shall be construed to
relieve any person from compliance with this chapter, ordinances, resolutions, rules and regulations in force pursuant
thereto, or any other provision of law.
(12) Accept, receive, disburse and administer grants or
other funds or gifts from any source, including public and private agencies and the United States government for the purpose of carrying out any of the functions of this chapter.
[1991 c 199 § 706; 1970 ex.s. c 62 § 56; 1969 ex.s. c 168 §
16; 1967 c 238 § 25.]
*Reviser's note: RCW 34.05.355 was repealed by 1995 c 403 § 305.
Finding—1991 c 199: See note following RCW 70.94.011.
(2004 Ed.)
Washington Clean Air Act
Savings—Effective date—Severability—1970 ex.s. c 62: See notes
following RCW 43.21A.010.
70.94.142
70.94.142 Subpoena powers—Witnesses, expenses
and mileage—Rules and regulations. In connection with
the subpoena powers given in RCW 70.94.141(2):
(1) In any hearing held under RCW 70.94.181 and
70.94.221, the board or the department, and their authorized
agents:
(a) Shall issue a subpoena upon the request of any party
and, to the extent required by rule or regulation, upon a statement or showing of general relevance and reasonable scope
of the evidence sought;
(b) May issue a subpoena upon their own motion.
(2) The subpoena powers given in RCW 70.94.141(2)
shall be statewide in effect.
(3) Witnesses appearing under the compulsion of a subpoena in a hearing before the board or the department shall be
paid the same fees and mileage that are provided for witnesses in the courts of this state. Such fees and mileage, and
the cost of duplicating records required to be produced by
subpoena issued upon the motion of the board or department,
shall be paid by the board or department. Such fees and mileage, and the cost of producing records required to be produced by subpoena issued upon the request of a party, shall
be paid by that party.
(4) If an individual fails to obey the subpoena, or obeys
the subpoena but refuses to testify when required concerning
any matter under examination or investigation or the subject
of the hearing, the board or department shall file its written
report thereof and proof of service of its subpoena, in any
court of competent jurisdiction in the county where the examination, hearing or investigation is being conducted. Thereupon, the court shall forthwith cause the individual to be
brought before it and, upon being satisfied that the subpoena
is within the jurisdiction of the board or department and otherwise in accordance with law, shall punish him as if the failure or refusal related to a subpoena from or testimony in that
court.
(5) The department may make such rules and regulations
as to the issuance of its own subpoenas as are not inconsistent
with the provisions of this chapter. [1987 c 109 § 35; 1969
ex.s. c 168 § 17; 1967 c 238 § 26.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.143
70.94.143 Federal aid. Any authority exercising the
powers and duties prescribed in this chapter may make application for, receive, administer, and expend any federal aid,
under federal legislation from any agency of the federal government, for the prevention and control of air pollution or the
development and administration of programs related to air
pollution control and prevention, as permitted by RCW
70.94.141(12): PROVIDED, That any such application shall
be submitted to and approved by the department. The department shall adopt rules and regulations establishing standards
for such approval and shall approve any such application, if it
is consistent with this chapter, and any other applicable
requirements of law. [1987 c 109 § 36; 1969 ex.s. c 168 § 18;
1967 c 238 § 27.]
(2004 Ed.)
70.94.151
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.151
70.94.151 Classification of air contaminant
sources—Registration—Fee—Registration program
defined. (1) The board of any activated authority or the
department, may classify air contaminant sources, by ordinance, resolution, rule or regulation, which in its judgment
may cause or contribute to air pollution, according to levels
and types of emissions and other characteristics which cause
or contribute to air pollution, and may require registration or
reporting or both for any such class or classes. Classifications
made pursuant to this section may be for application to the
area of jurisdiction of such authority, or the state as a whole
or to any designated area within the jurisdiction, and shall be
made with special reference to effects on health, economic
and social factors, and physical effects on property.
(2) Except as provided in subsection (3) of this section,
any person operating or responsible for the operation of air
contaminant sources of any class for which the ordinances,
resolutions, rules or regulations of the department or board of
the authority, require registration and reporting shall register
therewith and make reports containing information as may be
required by such department or board concerning location,
size and height of contaminant outlets, processes employed,
nature of the contaminant emission and such other information as is relevant to air pollution and available or reasonably
capable of being assembled. The department or board may
require that such registration be accompanied by a fee and
may determine the amount of such fee for such class or
classes: PROVIDED, That the amount of the fee shall only
be to compensate for the costs of administering such registration program which shall be defined as initial registration and
annual or other periodic reports from the source owner providing information directly related to air pollution registration, on-site inspections necessary to verify compliance with
registration requirements, data storage and retrieval systems
necessary for support of the registration program, emission
inventory reports and emission reduction credits computed
from information provided by sources pursuant to registration program requirements, staff review, including engineering analysis for accuracy and currentness, of information provided by sources pursuant to registration program requirements, clerical and other office support provided in direct
furtherance of the registration program, and administrative
support provided in directly carrying out the registration program: PROVIDED FURTHER, That any such registration
made with either the board or the department shall preclude a
further registration with any other board or the department.
All registration program fees collected by the department shall be deposited in the air pollution control account.
All registration program fees collected by the local air
authorities shall be deposited in their respective treasuries.
(3) If a registration or report has been filed for a grain
warehouse or grain elevator as required under this section,
registration, reporting, or a registration program fee shall not,
after January 1, 1997, again be required under this section for
the warehouse or elevator unless the capacity of the warehouse or elevator as listed as part of the license issued for the
facility has been increased since the date the registration or
reporting was last made. If the capacity of the warehouse or
[Title 70 RCW—page 177]
70.94.152
Title 70 RCW: Public Health and Safety
elevator listed as part of the license is increased, any registration or reporting required for the warehouse or elevator under
this section must be made by the date the warehouse or elevator receives grain from the first harvest season that occurs
after the increase in its capacity is listed in the license.
For the purposes of this subsection, a "grain warehouse"
or "grain elevator" is an establishment classified in standard
industrial classification (SIC) code 5153 for wholesale trade;
and a "license" is a license issued by the department of agriculture licensing a facility as a grain warehouse or grain elevator under chapter 22.09 RCW or a license issued by the
federal government licensing a facility as a grain warehouse
or grain elevator for purposes similar to those of licensure for
the facility under chapter 22.09 RCW.
This subsection does not apply to a grain warehouse or
grain elevator if the warehouse or elevator handles more than
ten million bushels of grain annually. [1997 c 410 § 1; 1993
c 252 § 3; 1987 c 109 § 37; 1984 c 88 § 2; 1969 ex.s. c 168 §
19; 1967 c 238 § 28.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.152
70.94.152 Notice may be required of construction of
proposed new contaminant source—Submission of
plans—Approval, disapproval—Emission control—"De
minimis new sources" defined. (1) The department of ecology or board of any authority may require notice of the establishment of any proposed new sources except single family
and duplex dwellings or de minimis new sources as defined
in rules adopted under subsection (11) of this section. The
department of ecology or board may require such notice to be
accompanied by a fee and determine the amount of such fee:
PROVIDED, That the amount of the fee may not exceed the
cost of reviewing the plans, specifications, and other information and administering such notice: PROVIDED FURTHER, That any such notice given or notice of construction
application submitted to either the board or to the department
of ecology shall preclude a further submittal of a duplicate
application to any board or to the department of ecology.
(2) The department shall, after opportunity for public
review and comment, adopt rules that establish a workloaddriven process for determination and review of the fee covering the direct and indirect costs of processing a notice of construction application and a methodology for tracking revenues and expenditures. All new source fees collected by the
delegated local air authorities from sources shall be deposited
in the dedicated accounts of their respective treasuries. All
new source fees collected by the department from sources
shall be deposited in the air pollution control account.
(3) Within thirty days of receipt of a notice of construction application, the department of ecology or board may
require, as a condition precedent to the establishment of the
new source or sources covered thereby, the submission of
plans, specifications, and such other information as it deems
necessary to determine whether the proposed new source will
be in accord with applicable rules and regulations in force
under this chapter. If on the basis of plans, specifications, or
other information required under this section the department
of ecology or board determines that the proposed new source
will not be in accord with this chapter or the applicable ordinances, resolutions, rules, and regulations adopted under this
[Title 70 RCW—page 178]
chapter, it shall issue an order denying permission to establish the new source. If on the basis of plans, specifications, or
other information required under this section, the department
of ecology or board determines that the proposed new source
will be in accord with this chapter, and the applicable rules
and regulations adopted under this chapter, it shall issue an
order of approval for the establishment of the new source or
sources, which order may provide such conditions as are reasonably necessary to assure the maintenance of compliance
with this chapter and the applicable rules and regulations
adopted under this chapter. Every order of approval under
this chapter must be reviewed prior to issuance by a professional engineer or staff under the supervision of a professional engineer in the employ of the department of ecology or
board.
(4) The determination required under subsection (3) of
this section shall include a determination of whether the operation of the new air contaminant source at the location proposed will cause any ambient air quality standard to be
exceeded.
(5) New source review of a modification shall be limited
to the emission unit or units proposed to be modified and the
air contaminants whose emissions would increase as a result
of the modification.
(6) Nothing in this section shall be construed to authorize
the department of ecology or board to require the use of emission control equipment or other equipment, machinery, or
devices of any particular type, from any particular supplier,
or produced by any particular manufacturer.
(7) Any features, machines, and devices constituting
parts of or called for by plans, specifications, or other information submitted pursuant to subsection (1) or (3) of this section shall be maintained and operate in good working order.
(8) The absence of an ordinance, resolution, rule, or regulation, or the failure to issue an order pursuant to this section
shall not relieve any person from his or her obligation to comply with applicable emission control requirements or with
any other provision of law.
(9) Within thirty days of receipt of a notice of construction application the department of ecology or board shall
either notify the applicant in writing that the application is
complete or notify the applicant in writing of all additional
information necessary to complete the application. Within
sixty days of receipt of a complete application the department
or board shall either (a) issue a final decision on the application, or (b) for those projects subject to public notice, initiate
notice and comment on a proposed decision, followed as
promptly as possible by a final decision. A person seeking
approval to construct or modify a source that requires an
operating permit may elect to integrate review of the operating permit application or amendment required by RCW
70.94.161 and the notice of construction application required
by this section. A notice of construction application designated for integrated review shall be processed in accordance
with operating permit program procedures and deadlines.
(10) A notice of construction approval required under
subsection (3) of this section shall include a determination
that the new source will achieve best available control technology. If more stringent controls are required under federal
law, the notice of construction shall include a determination
that the new source will achieve the more stringent federal
(2004 Ed.)
Washington Clean Air Act
requirements. Nothing in this subsection is intended to
diminish other state authorities under this chapter.
(11) No person is required to submit a notice of construction or receive approval for a new source that is deemed by
the department of ecology or board to have de minimis
impact on air quality. The department of ecology shall adopt
and periodically update rules identifying categories of de
minimis new sources. The department of ecology may identify de minimis new sources by category, size, or emission
thresholds.
(12) For purposes of this section, "de minimis new
sources" means new sources with trivial levels of emissions
that do not pose a threat to human health or the environment.
[1996 c 67 § 1; 1996 c 29 § 1; 1993 c 252 § 4; 1991 c 199 §
302; 1973 1st ex.s. c 193 § 2; 1969 ex.s. c 168 § 20; 1967 c
238 § 29.]
Reviser's note: This section was amended by 1996 c 29 § 1 and by
1996 c 67 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Finding—1991 c 199: See note following RCW 70.94.011.
Use of emission credits to be consistent with new source review program:
RCW 70.94.850.
70.94.153
70.94.153 Existing stationary source—Replacement
or substantial alteration of emission control technology.
Any person proposing to replace or substantially alter the
emission control technology installed on an existing stationary source emission unit shall file a notice of construction
application with the jurisdictional permitting authority. For
projects not otherwise reviewable under RCW 70.94.152, the
permitting authority may (1) require that the owner or operator employ reasonably available control technology for the
affected emission unit and (2) may prescribe reasonable operation and maintenance conditions for the control equipment.
Within thirty days of receipt of an application for notice of
construction under this section the permitting authority shall
either notify the applicant in writing that the application is
complete or notify the applicant in writing of all additional
information necessary to complete the application. Within
thirty days of receipt of a complete application the permitting
authority shall either issue an order of approval or a proposed
RACT determination for the proposed project. Construction
shall not commence on a project subject to review under this
section until the permitting authority issues a final order of
approval. However, any notice of construction application
filed under this section shall be deemed to be approved without conditions if the permitting authority takes no action
within thirty days of receipt of a complete application for a
notice of construction. [1991 c 199 § 303.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.154
70.94.154 RACT requirements. (1) RACT as defined
in RCW 70.94.030 is required for existing sources except as
otherwise provided in RCW 70.94.331(9).
(2) RACT for each source category containing three or
more sources shall be determined by rule except as provided
in subsection (3) of this section.
(3) Source-specific RACT determinations may be performed under any of the following circumstances:
(a) As authorized by RCW 70.94.153;
(2004 Ed.)
70.94.154
(b) When required by the federal clean air act;
(c) For sources in source categories containing fewer
than three sources;
(d) When an air quality problem, for which the source is
a contributor, justifies a source-specific RACT determination
prior to development of a categorical RACT rule; or
(e) When a source-specific RACT determination is
needed to address either specific air quality problems for
which the source is a significant contributor or source-specific economic concerns.
(4) By January 1, 1994, ecology shall develop a list of
sources and source categories requiring RACT review and a
schedule for conducting that review. Ecology shall review the
list and schedule within six months of receiving the initial
operating permit applications and at least once every five
years thereafter. In developing the list to determine the schedule of RACT review, ecology shall consider emission reductions achievable through the use of new available technologies and the impacts of those incremental reductions on air
quality, the remaining useful life of previously installed control equipment, the impact of the source or source category
on air quality, the number of years since the last BACT,
RACT, or LAER determination for that source and other relevant factors. Prior to finalizing the list and schedule, ecology shall consult with local air authorities, the regulated community, environmental groups, and other interested individuals and organizations. The department and local authorities
shall revise RACT requirements, as needed, based on the
review conducted under this subsection.
(5) In determining RACT, ecology and local authorities
shall utilize the factors set forth in RCW 70.94.030 and shall
consider RACT determinations and guidance made by the
federal environmental protection agency, other states and
local authorities for similar sources, and other relevant factors. In establishing or revising RACT requirements, ecology
and local authorities shall address, where practicable, all air
contaminants deemed to be of concern for that source or
source category.
(6) Emission standards and other requirements contained
in rules or regulatory orders in effect at the time of operating
permit issuance or renewal shall be considered RACT for
purposes of permit issuance or renewal. RACT determinations under subsections (2) and (3) of this section shall be
incorporated into operating permits as provided in RCW
70.94.161 and rules implementing that section.
(7) The department and local air authorities are authorized to assess and collect a fee to cover the costs of developing, establishing, or reviewing categorical or case-by-case
RACT requirements. The fee shall apply to determinations of
RACT requirements as defined under this section and RCW
70.94.331(9). The amount of the fee may not exceed the
direct and indirect costs of establishing the requirement for
the particular source or the pro rata portion of the direct and
indirect costs of establishing the requirement for the relevant
source category. The department shall, after opportunity for
public review and comment, adopt rules that establish a
workload-driven process for determination and review of the
fee covering the direct and indirect costs of its RACT determinations and a methodology for tracking revenues and
expenditures. All such RACT determination fees collected by
the delegated local air authorities from sources shall be
[Title 70 RCW—page 179]
70.94.155
Title 70 RCW: Public Health and Safety
deposited in the dedicated accounts of their respective treasuries. All such RACT fees collected by the department from
sources shall be deposited in the air pollution control account.
[1996 c 29 § 2; 1993 c 252 § 8.]
ard or imminent health hazard are not preempted. [1991 c
199 § 315.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.161
70.94.155 Control of emissions—Bubble concept—
Schedules of compliance. (1) As used in subsection (3) of
this section, the term "bubble" means an air pollution control
system which permits aggregate measurements of allowable
emissions, for a single category of pollutant, for emissions
points from a specified emissions-generating facility or facilities. Individual point source emissions levels from such
specified facility or facilities may be modified provided that
the aggregate limit for the specified sources is not exceeded.
(2) Whenever any regulation relating to emission standards or other requirements for the control of emissions is
adopted which provides for compliance with such standards
or requirements no later than a specified time after the date of
adoption of the regulation, the appropriate activated air pollution control authority or, if there be none, the department of
ecology shall, by permit or regulatory order, issue to air contaminant sources subject to the standards or requirements,
schedules of compliance setting forth timetables for the
achievement of compliance as expeditiously as practicable,
but in no case later than the time specified in the regulation.
Interim dates in such schedules for the completion of steps of
progress toward compliance shall be as enforceable as the
final date for full compliance therein.
(3) Wherever requirements necessary for the attainment
of air quality standards or, where such standards are not
exceeded, for the maintenance of air quality can be achieved
through the use of a control program involving the bubble
concept, such program may be authorized by a regulatory
order or orders or permit issued to the air contaminant source
or sources involved. Such order or permit shall only be authorized after the control program involving the bubble concept
is accepted by [the] United States environmental protection
agency as part of an approved state implementation plan. Any
such order or permit provision shall restrict total emissions
within the bubble to no more than would otherwise be
allowed in the aggregate for all emitting processes covered.
The orders or permits provided for by this subsection shall be
issued by the department or the authority with jurisdiction. If
the bubble involves interjurisdictional approval, concurrence
in the total program must be secured from each regulatory
entity concerned. [1991 c 199 § 305; 1981 c 224 § 1; 1973
1st ex.s. c 193 § 3.]
70.94.155
Finding—1991 c 199: See note following RCW 70.94.011.
Use of emission credits to be consistent with bubble program: RCW
70.94.850.
70.94.157 Preemption of uniform building and fire
codes. The department and local air pollution control authorities shall preempt the application of chapter 9 of the uniform
building code and article 80 of the uniform fire code by other
state agencies and local governments for the purposes of controlling outdoor air pollution from industrial and commercial
sources, except where authorized by chapter 199, Laws of
1991. Actions by other state agencies and local governments
under article 80 of the uniform fire code to take immediate
action in response to an emission that presents a physical haz70.94.157
[Title 70 RCW—page 180]
70.94.161 Operating permits for air contaminant
sources—Generally—Fees, report to legislature. The
department of ecology, or board of an authority, shall require
renewable permits for the operation of air contaminant
sources subject to the following conditions and limitations:
(1) Permits shall be issued for a term of five years. A permit may be modified or amended during its term at the
request of the permittee, or for any reason allowed by the federal clean air act. The rules adopted pursuant to subsection
(2) of this section shall include rules for permit amendments
and modifications. The terms and conditions of a permit shall
remain in effect after the permit itself expires if the permittee
submits a timely and complete application for permit
renewal.
(2)(a) Rules establishing the elements for a statewide
operating permit program and the process for permit application and renewal consistent with federal requirements shall
be established by the department by January 1, 1993. The
rules shall provide that every proposed permit must be
reviewed prior to issuance by a professional engineer or staff
under the direct supervision of a professional engineer in the
employ of the permitting authority. The permit program
established by these rules shall be administered by the department and delegated local air authorities. Rules developed
under this subsection shall not preclude a delegated local air
authority from including in a permit its own more stringent
emission standards and operating restrictions.
(b) The board of any local air pollution control authority
may apply to the department of ecology for a delegation order
authorizing the local authority to administer the operating
permit program for sources under that authority's jurisdiction.
The department shall, by order, approve such delegation, if
the department finds that the local authority has the technical
and financial resources, to discharge the responsibilities of a
permitting authority under the federal clean air act. A delegation request shall include adequate information about the
local authority's resources to enable the department to make
the findings required by this subsection; provided, any delegation order issued under this subsection shall take effect
ninety days after the environmental protection agency authorizes the local authority to issue operating permits under the
federal clean air act.
(c) Except for the authority granted the energy facility
site evaluation council to issue permits for the new construction, reconstruction, or enlargement or operation of new
energy facilities under chapter 80.50 RCW, the department
may exercise the authority, as delegated by the environmental
protection agency, to administer Title IV of the federal clean
air act as amended and to delegate such administration to
local authorities as applicable pursuant to (b) of this subsection.
(3) In establishing technical standards, defined in RCW
70.94.030, the permitting authority shall consider and, if
found to be appropriate, give credit for waste reduction
within the process.
(2004 Ed.)
Washington Clean Air Act
(4) Operating permits shall apply to all sources (a) where
required by the federal clean air act, and (b) for any source
that may cause or contribute to air pollution in such quantity
as to create a threat to the public health or welfare. Subsection
(b) of this subsection is not intended to apply to small businesses except when both of the following limitations are satisfied: (i) The source is in an area exceeding or threatening to
exceed federal or state air quality standards; and (ii) the
department provides a reasonable justification that requiring
a source to have a permit is necessary to meet a federal or
state air quality standard, or to prevent exceeding a standard
in an area threatening to exceed the standard. For purposes of
this subsection "areas threatening to exceed air quality standards" shall mean areas projected by the department to
exceed such standards within five years. Prior to identifying
threatened areas the department shall hold a public hearing or
hearings within the proposed areas.
(5) Sources operated by government agencies are not
exempt under this section.
(6) Within one hundred eighty days after the United
States environmental protection agency approves the state
operating permit program, a person required to have a permit
shall submit to the permitting authority a compliance plan
and permit application, signed by a responsible official, certifying the accuracy of the information submitted. Until permits are issued, existing sources shall be allowed to operate
under presently applicable standards and conditions provided
that such sources submit complete and timely permit applications.
(7) All draft permits shall be subject to public notice and
comment. The rules adopted pursuant to subsection (2) of this
section shall specify procedures for public notice and comment. Such procedures shall provide the permitting agency
with an opportunity to respond to comments received from
interested parties prior to the time that the proposed permit is
submitted to the environmental protection agency for review
pursuant to section 505(a) of the federal clean air act. In the
event that the environmental protection agency objects to a
proposed permit pursuant to section 505(b) of the federal
clean air act, the permitting authority shall not issue the permit, unless the permittee consents to the changes required by
the environmental protection agency.
(8) The procedures contained in chapter 43.21B RCW
shall apply to permit appeals. The pollution control hearings
board may stay the effectiveness of any permit issued under
this section during the pendency of an appeal filed by the permittee, if the permittee demonstrates that compliance with the
permit during the pendency of the appeal would require significant expenditures that would not be necessary in the event
that the permittee prevailed on the merits of the appeal.
(9) After the effective date of any permit program promulgated under this section, it shall be unlawful for any person to: (a) Operate a permitted source in violation of any
requirement of a permit issued under this section; or (b) fail
to submit a permit application at the time required by rules
adopted under subsection (2) of this section.
(10) Each air operating permit shall state the origin of
and specific legal authority for each requirement included
therein. Every requirement in an operating permit shall be
based upon the most stringent of the following requirements:
(2004 Ed.)
70.94.161
(a) The federal clean air act and rules implementing that
act, including provision of the approved state implementation
plan;
(b) This chapter and rules adopted thereunder;
(c) In permits issued by a local air pollution control
authority, the requirements of any order or regulation adopted
by that authority;
(d) Chapter 70.98 RCW and rules adopted thereunder;
and
(e) Chapter 80.50 RCW and rules adopted thereunder.
(11) Consistent with the provisions of the federal clean
air act, the permitting authority may issue general permits
covering categories of permitted sources, and temporary permits authorizing emissions from similar operations at multiple temporary locations.
(12) Permit program sources within the territorial jurisdiction of an authority delegated the operating permit program shall file their permit applications with that authority,
except that permit applications for sources regulated on a
statewide basis pursuant to RCW 70.94.395 shall be filed
with the department. Permit program sources outside the territorial jurisdiction of a delegated authority shall file their
applications with the department. Permit program sources
subject to chapter 80.50 RCW shall, irrespective of their
location, file their applications with the energy facility site
evaluation council.
(13) When issuing operating permits to coal fired electric
generating plants, the permitting authority shall establish
requirements consistent with Title IV of the federal clean air
act.
(14)(a) The department and the local air authorities are
authorized to assess and to collect, and each source emitting
one hundred tons or more per year of a regulated pollutant
shall pay an interim assessment to fund the development of
the operating permit program during fiscal year 1994.
(b) The department shall conduct a workload analysis
and prepare an operating permit program development budget for fiscal year 1994. The department shall allocate among
all sources emitting one hundred tons or more per year of a
regulated pollutant during calendar year 1992 the costs identified in its program development budget according to a
three-tiered model, with each of the three tiers being equally
weighted, based upon:
(i) The number of sources;
(ii) The complexity of sources; and
(iii) The size of sources, as measured by the quantity of
each regulated pollutant emitted by the source.
(c) Each local authority and the department shall collect
from sources under their respective jurisdictions the interim
fee determined by the department and shall remit the fee to
the department.
(d) Each local authority may, in addition, allocate its fiscal year 1994 operating permit program development costs
among the sources under its jurisdiction emitting one hundred tons or more per year of a regulated pollutant during calendar year 1992 and may collect an interim fee from these
sources. A fee assessed pursuant to this subsection (14)(d)
shall be collected at the same time as the fee assessed pursuant to (c) of this subsection.
[Title 70 RCW—page 181]
70.94.162
Title 70 RCW: Public Health and Safety
(e) The fees assessed to a source under this subsection
shall be limited to the first seven thousand five hundred tons
for each regulated pollutant per year.
(15) The department shall determine the persons liable
for the fee imposed by subsection (14) of this section, compute the fee, and provide by November 1 of 1993 the identity
of the fee payer with the computation of the fee to each local
authority and to the department of revenue for collection. The
department of revenue shall collect the fee computed by the
department from the fee payers under the jurisdiction of the
department. The administrative, collection, and penalty provisions of chapter 82.32 RCW shall apply to the collection of
the fee by the department of revenue. The department shall
provide technical assistance to the department of revenue for
decisions made by the department of revenue pursuant to
RCW 82.32.160 and 82.32.170. All interim fees collected by
the department of revenue on behalf of the department and all
interim fees collected by local authorities on behalf of the
department shall be deposited in the air operating permit
account. The interim fees collected by the local air authorities
to cover their permit program development costs under subsection (14)(d) of this section shall be deposited in the dedicated accounts of their respective treasuries.
All fees identified in this section shall be due and payable on March 1 of 1994, except that the local air pollution
control authorities may adopt by rule an earlier date on which
fees are to be due and payable. The section 5, chapter 252,
Laws of 1993 amendments to RCW 70.94.161 do not have
the effect of terminating, or in any way modifying, any liability, civil or criminal, incurred pursuant to the provisions of
RCW 70.94.161 (15) and (17) as they existed prior to July 25,
1993.
(16) For sources or source categories not required to
obtain permits under subsection (4) of this section, the
department or local authority may establish by rule control
technology requirements. If control technology rule revisions
are made by the department or local authority under this subsection, the department or local authority shall consider the
remaining useful life of control equipment previously
installed on existing sources before requiring technology
changes. The department or any local air authority may issue
a general permit, as authorized under the federal clean air act,
for such sources.
(17) RCW 70.94.151 shall not apply to any permit program source after the effective date of United States environmental protection agency approval of the state operating permit program. [1993 c 252 § 5; 1991 c 199 § 301.]
Finding—1991 c 199: See note following RCW 70.94.011.
Air operating permit account: RCW 70.94.015.
70.94.162
70.94.162 Annual fees from operating permit program source to cover cost of program. (1) The department
and delegated local air authorities are authorized to determine, assess, and collect, and each permit program source
shall pay, annual fees sufficient to cover the direct and indirect costs of implementing a state operating permit program
approved by the United States environmental protection
agency under the federal clean air act. However, a source that
receives its operating permit from the United States environmental protection agency shall not be considered a permit
[Title 70 RCW—page 182]
program source so long as the environmental protection
agency continues to act as the permitting authority for that
source. Each permitting authority shall develop by rule a fee
schedule allocating among its permit program sources the
costs of the operating permit program, and may, by rule,
establish a payment schedule whereby periodic installments
of the annual fee are due and payable more frequently. All
operating permit program fees collected by the department
shall be deposited in the air operating permit account. All
operating permit program fees collected by the delegated
local air authorities shall be deposited in their respective air
operating permit accounts or other accounts dedicated exclusively to support of the operating permit program. The fees
assessed under this subsection shall first be due not less than
forty-five days after the United States environmental protection agency delegates to the department the authority to
administer the operating permit program and then annually
thereafter.
The department shall establish, by rule, procedures for
administrative appeals to the department regarding the fee
assessed pursuant to this subsection.
(2) The fee schedule developed by each permitting
authority shall fully cover and not exceed both its permit
administration costs and the permitting authority's share of
statewide program development and oversight costs.
(a) Permit administration costs are those incurred by
each permitting authority, including the department, in
administering and enforcing the operating permit program
with respect to sources under its jurisdiction. Costs associated
with the following activities are fee eligible as these activities
relate to the operating permit program and to the sources permitted by a permitting authority, including, where applicable,
sources subject to a general permit:
(i) Preapplication assistance and review of an application
and proposed compliance plan for a permit, permit revision,
or renewal;
(ii) Source inspections, testing, and other data-gathering
activities necessary for the development of a permit, permit
revision, or renewal;
(iii) Acting on an application for a permit, permit revision, or renewal, including the costs of developing an applicable requirement as part of the processing of a permit, permit revision, or renewal, preparing a draft permit and fact
sheet, and preparing a final permit, but excluding the costs of
developing BACT, LAER, BART, or RACT requirements
for criteria and toxic air pollutants;
(iv) Notifying and soliciting, reviewing and responding
to comment from the public and contiguous states and tribes,
conducting public hearings regarding the issuance of a draft
permit and other costs of providing information to the public
regarding operating permits and the permit issuance process;
(v) Modeling necessary to establish permit limits or to
determine compliance with permit limits;
(vi) Reviewing compliance certifications and emissions
reports and conducting related compilation and reporting
activities;
(vii) Conducting compliance inspections, complaint
investigations, and other activities necessary to ensure that a
source is complying with permit conditions;
(viii) Administrative enforcement activities and penalty
assessment, excluding the costs of proceedings before the
(2004 Ed.)
Washington Clean Air Act
pollution control hearings board and all costs of judicial
enforcement;
(ix) The share attributable to permitted sources of the
development and maintenance of emissions inventories;
(x) The share attributable to permitted sources of ambient air quality monitoring and associated recording and
reporting activities;
(xi) Training for permit administration and enforcement;
(xii) Fee determination, assessment, and collection,
including the costs of necessary administrative dispute resolution and penalty collection;
(xiii) Required fiscal audits, periodic performance
audits, and reporting activities;
(xiv) Tracking of time, revenues and expenditures, and
accounting activities;
(xv) Administering the permit program including the
costs of clerical support, supervision, and management;
(xvi) Provision of assistance to small businesses under
the jurisdiction of the permitting authority as required under
section 507 of the federal clean air act; and
(xvii) Other activities required by operating permit regulations issued by the United States environmental protection
agency under the federal clean air act.
(b) Development and oversight costs are those incurred
by the department in developing and administering the state
operating permit program, and in overseeing the administration of the program by the delegated local permitting authorities. Costs associated with the following activities are fee eligible as these activities relate to the operating permit program:
(i) Review and determinations necessary for delegation
of authority to administer and enforce a permit program to a
local air authority under RCW 70.94.161(2) and 70.94.860;
(ii) Conducting fiscal audits and periodic performance
audits of delegated local authorities, and other oversight
functions required by the operating permit program;
(iii) Administrative enforcement actions taken by the
department on behalf of a permitting authority, including
those actions taken by the department under RCW 70.94.785,
but excluding the costs of proceedings before the pollution
control hearings board and all costs of judicial enforcement;
(iv) Determination and assessment with respect to each
permitting authority of the fees covering its share of the costs
of development and oversight;
(v) Training and assistance for permit program administration and oversight, including training and assistance
regarding technical, administrative, and data management
issues;
(vi) Development of generally applicable regulations or
guidance regarding the permit program or its implementation
or enforcement;
(vii) State codification of federal rules or standards for
inclusion in operating permits;
(viii) Preparation of delegation package and other activities associated with submittal of the state permit program to
the United States environmental protection agency for
approval, including ongoing coordination activities;
(ix) General administration and coordination of the state
permit program, related support activities, and other agency
indirect costs, including necessary data management and
quality assurance;
(2004 Ed.)
70.94.162
(x) Required fiscal audits and periodic performance
audits of the department, and reporting activities;
(xi) Tracking of time, revenues and expenditures, and
accounting activities;
(xii) Public education and outreach related to the operating permit program, including the maintenance of a permit
register;
(xiii) The share attributable to permitted sources of compiling and maintaining emissions inventories;
(xiv) The share attributable to permitted sources of ambient air quality monitoring, related technical support, and
associated recording activities;
(xv) The share attributable to permitted sources of modeling activities;
(xvi) Provision of assistance to small business as
required under section 507 of the federal clean air act as it
exists on July 25, 1993, or its later enactment as adopted by
reference by the director by rule;
(xvii) Provision of services by the department of revenue
and the office of the state attorney general and other state
agencies in support of permit program administration;
(xviii) A one-time revision to the state implementation
plan to make those administrative changes necessary to
ensure coordination of the state implementation plan and the
operating permit program; and
(xix) Other activities required by operating permit regulations issued by the United States environmental protection
agency under the federal clean air act.
(3) The responsibility for operating permit fee determination, assessment, and collection is to be shared by the
department and delegated local air authorities as follows:
(a) Each permitting authority, including the department,
acting in its capacity as a permitting authority, shall develop
a fee schedule and mechanism for collecting fees from the
permit program sources under its jurisdiction; the fees collected by each authority shall be sufficient to cover its costs
of permit administration and its share of the department's
costs of development and oversight. Each delegated local
authority shall remit to the department its share of the department's development and oversight costs.
(b) Only those local air authorities to whom the department has delegated the authority to administer the program
pursuant to RCW 70.94.161(2) (b) and (c) and 70.94.860
shall have the authority to administer and collect operating
permit fees. The department shall retain the authority to
administer and collect such fees with respect to the sources
within the jurisdiction of a local air authority until the effective date of program delegation to that air authority.
(c) The department shall allocate its development and
oversight costs among all permitting authorities, including
the department, in proportion to the number of permit program sources under the jurisdiction of each authority, except
that extraordinary costs or other costs readily attributable to a
specific permitting authority may be assessed that authority.
For purposes of this subsection, all sources covered by a single general permit shall be treated as one source.
(4) The department and each delegated local air authority
shall adopt by rule a general permit fee schedule for sources
under their respective jurisdictions after such time as the
department adopts provisions for general permit issuance.
Within ninety days of the time that the department adopts a
[Title 70 RCW—page 183]
70.94.162
Title 70 RCW: Public Health and Safety
general permit fee schedule, the department shall report to the
relevant standing committees of the legislature regarding the
general permit fee schedules adopted by the department and
by the delegated local air authorities. The permit administration costs of each general permit shall be allocated equitably
among only those sources subject to that general permit. The
share of development and oversight costs attributable to each
general permit shall be determined pursuant to subsection
(3)(c) of this section.
(5) The fee schedule developed by the department shall
allocate among the sources for whom the department acts as
a permitting authority, other than sources subject to a general
permit, those portions of the department's permit administration costs and the department's share of the development and
oversight costs which the department does not plan to recover
under its general permit fee schedule or schedules as follows:
(a) The department shall allocate its permit administration costs and its share of the development and oversight
costs not recovered through general permit fees according to
a three-tiered model based upon:
(i) The number of permit program sources under its jurisdiction;
(ii) The complexity of permit program sources under its
jurisdiction; and
(iii) The size of permit program sources under its jurisdiction, as measured by the quantity of each regulated pollutant emitted by the source.
(b) Each of the three tiers shall be equally weighted.
(c) The department may, in addition, allocate activitiesbased costs readily attributable to a specific source to that
source under RCW 70.94.152(1) and 70.94.154(7).
The quantity of each regulated pollutant emitted by a
source shall be determined based on the annual emissions
during the most recent calendar year for which data is available.
(6) The department shall, after opportunity for public
review and comment, adopt rules that establish a process for
development and review of its operating permit program fee
schedule, a methodology for tracking program revenues and
expenditures and, for both the department and the delegated
local air authorities, a system of fiscal audits, reports, and
periodic performance audits.
(a) The fee schedule development and review process
shall include the following:
(i) The department shall conduct a biennial workload
analysis. The department shall provide the opportunity for
public review of and comment on the workload analysis. The
department shall review and update its workload analysis
during each biennial budget cycle, taking into account information gathered by tracking previous revenues, time, and
expenditures and other information obtained through fiscal
audits and performance audits.
(ii) The department shall prepare a biennial budget based
upon the resource requirements identified in the workload
analysis for that biennium. In preparing the budget, the
department shall take into account the projected operating
permit account balance at the start of the biennium. The
department shall provide the opportunity for public review of
and comment on the proposed budget. The department shall
review and update its budget each biennium.
[Title 70 RCW—page 184]
(iii) The department shall develop a fee schedule allocating the department's permit administration costs and its share
of the development and oversight costs among the department's permit program sources using the methodology
described in subsection (5) of this section. The department
shall provide the opportunity for public review of and comment on the allocation methodology and fee schedule. The
department shall provide procedures for administrative resolution of disputes regarding the source data on which allocation determinations are based; these procedures shall be
designed such that resolution occurs prior to the completion
of the allocation process. The department shall review and
update its fee schedule annually.
(b) The methodology for tracking revenues and expenditures shall include the following:
(i) The department shall develop a system for tracking
revenues and expenditures that provides the maximum practicable information. At a minimum, revenues from fees collected under the operating permit program shall be tracked on
a source-specific basis and time and expenditures required to
administer the program shall be tracked on the basis of source
categories and functional categories. Each general permit
will be treated as a separate source category for tracking and
accounting purposes.
(ii) The department shall use the information obtained
from tracking revenues, time, and expenditures to modify the
workload analysis required in subsection (6)(a) of this section.
(iii) The information obtained from tracking revenues,
time, and expenditures shall not provide a basis for challenge
to the amount of an individual source's fee.
(c) The system of fiscal audits, reports, and periodic performance audits shall include the following:
(i) The department and the delegated local air authorities
shall prepare annual reports and shall submit the reports to,
respectively, the appropriate standing committees of the legislature and the board of directors of the local air authority.
(ii) The department shall arrange for fiscal audits and
routine performance audits and for periodic intensive performance audits of each permitting authority and of the department.
(7) Each local air authority requesting delegation shall,
after opportunity for public review and comment, publish
regulations which establish a process for development and
review of its operating permit program fee schedule, and a
methodology for tracking its revenues and expenditures.
These regulations shall be submitted to the department for
review and approval as part of the local authority's delegation
request.
(8) As used in this section and in RCW 70.94.161(14),
"regulated pollutant" shall have the same meaning as defined
in section 502(b) of the federal clean air act as it exists on
July 25, 1993, or its later enactment as adopted by reference
by the director by rule.
(9) Fee structures as authorized under this section shall
remain in effect until such time as the legislature authorizes
an alternative structure following receipt of the report
required by this subsection. [1998 c 245 § 129; 1993 c 252 §
6.]
(2004 Ed.)
Washington Clean Air Act
70.94.163
70.94.163 Source categories not required to have a
permit—Recommendations. The department shall prepare
recommendations to reduce air emissions for source categories not generally required to have a permit under RCW
70.94.161. Such recommendations shall not require any
action by the owner or operator of a source and shall be consistent with rules adopted under chapter 70.95C RCW. The
recommendations shall include but not be limited to: Process
changes, product substitution, equipment modifications, hazardous substance use reduction, recycling, and energy efficiency. [1991 c 199 § 304.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.165
70.94.165 Gasoline recovery devices—Limitation on
requiring. (1) A gasoline vapor recovery device that captures vapors during vehicle fueling may only be required at a
service station, or any other gasoline dispensing facility supplying fuel to the general public, in any of the following circumstances:
(a) The facility sells in excess of six hundred thousand
gallons of gasoline per year and is located in a county, any
part of which is designated as nonattainment for ozone under
the federal clean air act, 42 U.S.C. Sec. 7407; or
(b) The facility sells in excess of six hundred thousand
gallons of gasoline per year and is located in a county where
a maintenance plan has been adopted by a local air pollution
control authority or the department of ecology that includes
gasoline vapor recovery devices as a control strategy; or
(c) From March 30, 1996, until December 31, 1998, in
any facility that sells in excess of one million two hundred
thousand gallons of gasoline per year and is located in an
ozone-contributing county. For purposes of this section, an
ozone-contributing county means a county in which the emissions have contributed to the formation of ozone in any
county where violations of federal ozone standards have been
measured, and includes: Cowlitz, Island, Kitsap, Lewis,
Skagit, Thurston, Wahkiakum, and Whatcom counties; or
(d) After December 31, 1998, in any facility that sells in
excess of eight hundred forty thousand gallons of gasoline
per year and is located in any county, no part of which is designated as nonattainment for ozone under the federal clean air
act, 42 U.S.C. Sec. 7407, provided that the department of
ecology determines by December 31, 1997, that the use of
gasoline vapor control devices in the county is important to
achieving or maintaining attainment status in any other
county.
(2) This section does not preclude the department of
ecology or any local air pollution authority from requiring a
gasoline vapor recovery device that captures vapors during
vehicle refueling as part of the regulation of sources as provided in RCW 70.94.152, 70.94.331, or 70.94.141 or where
required under 42 U.S.C. Sec. 7412. [1996 c 294 § 1.]
Effective date—1996 c 294: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 30, 1996]." [1996 c 294 § 2.]
70.94.170
70.94.170 Air pollution control authority control
officer. Any activated authority which has adopted an ordinance, resolution, or valid rules and regulations as provided
herein for the control and prevention of air pollution shall
(2004 Ed.)
70.94.181
appoint a full time control officer, whose sole responsibility
shall be to observe and enforce the provisions of this chapter
and all orders, ordinances, resolutions, or rules and regulations of such activated authority pertaining to the control and
prevention of air pollution. [1991 c 199 § 707; 1969 ex.s. c
168 § 21; 1967 c 238 § 30; 1957 c 232 § 17.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.181
70.94.181 Variances—Application for—Considerations—Limitations—Renewals—Review. (1) Any person
who owns or is in control of any plant, building, structure,
establishment, process or equipment may apply to the department of ecology or appropriate local authority board for a
variance from rules or regulations governing the quality,
nature, duration or extent of discharges of air contaminants.
The application shall be accompanied by such information
and data as the department of ecology or board may require.
The department of ecology or board may grant such variance,
provided that variances to state rules shall require the department's approval prior to being issued by a local authority
board. The total time period for a variance and renewal of
such variance shall not exceed one year. Variances may be
issued by either the department or a local board but only after
public hearing or due notice, if the department or board finds
that:
(a) The emissions occurring or proposed to occur do not
endanger public health or safety or the environment; and
(b) Compliance with the rules or regulations from which
variance is sought would produce serious hardship without
equal or greater benefits to the public.
(2) No variance shall be granted pursuant to this section
until the department of ecology or board has considered the
relative interests of the applicant, other owners of property
likely to be affected by the discharges, and the general public.
(3) Any variance or renewal thereof shall be granted
within the requirements of subsection (1) of this section and
under conditions consistent with the reasons therefor, and
within the following limitations:
(a) If the variance is granted on the ground that there is
no practicable means known or available for the adequate
prevention, abatement or control of the pollution involved, it
shall be only until the necessary means for prevention, abatement or control become known and available, and subject to
the taking of any substitute or alternate measures that the
department of ecology or board may prescribe.
(b) If the variance is granted on the ground that compliance with the particular requirement or requirements from
which variance is sought will require the taking of measures
which, because of their extent or cost, must be spread over a
considerable period of time, it shall be for a period not to
exceed such reasonable time as, in the view of the department
of ecology or board is requisite for the taking of the necessary
measures. A variance granted on the ground specified herein
shall contain a timetable for the taking of action in an expeditious manner and shall be conditioned on adherence to such
timetable.
(c) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that
provided for in (a) and (b) of this subsection, it shall be for
not more than one year.
[Title 70 RCW—page 185]
70.94.200
Title 70 RCW: Public Health and Safety
(4) Any variance granted pursuant to this section may be
renewed on terms and conditions and for periods which
would be appropriate on initial granting of a variance. If complaint is made to the department of ecology or board on
account of the variance, no renewal thereof shall be granted
unless following a public hearing on the complaint on due
notice the department or board finds that renewal is justified.
No renewal shall be granted except on application therefor.
Any such application shall be made at least sixty days prior to
the expiration of the variance. Immediately upon receipt of an
application for renewal, the department of ecology or board
shall give public notice of such application in accordance
with rules of the department of ecology or board.
(5) A variance or renewal shall not be a right of the applicant or holder thereof but shall be granted at the discretion of
the department of ecology or board. However, any applicant
adversely affected by the denial or the terms and conditions
of the granting of an application for a variance or renewal of
a variance by the department of ecology or board may obtain
judicial review thereof under the provisions of chapter 34.05
RCW as now or hereafter amended.
(6) Nothing in this section and no variance or renewal
granted pursuant hereto shall be construed to prevent or limit
the application of the emergency provisions and procedures
of RCW 70.94.710 through 70.94.730 to any person or his or
her property.
(7) An application for a variance, or for the renewal
thereof, submitted to the department of ecology or board pursuant to this section shall be approved or disapproved by the
department or board within sixty-five days of receipt unless
the applicant and the department of ecology or board agree to
a continuance.
(8) Variances approved under this section shall not be
included in orders or permits provided for in RCW 70.94.161
or 70.94.152 until such time as the variance has been
accepted by the United States environmental protection
agency as part of an approved state implementation plan.
[1991 c 199 § 306; 1983 c 3 § 176; 1974 ex.s. c 59 § 1; 1969
ex.s. c 168 § 22; 1967 c 238 § 31.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.200 Investigation of conditions by control
officer or department—Entering private, public property. For the purpose of investigating conditions specific to
the control, recovery or release of air contaminants into the
atmosphere, a control officer, the department, or their duly
authorized representatives, shall have the power to enter at
reasonable times upon any private or public property, excepting nonmultiple unit private dwellings housing two families
or less. No person shall refuse entry or access to any control
officer, the department, or their duly authorized representatives, who requests entry for the purpose of inspection, and
who presents appropriate credentials; nor shall any person
obstruct, hamper or interfere with any such inspection. [1987
c 109 § 38; 1979 c 141 § 121; 1967 c 238 § 32; 1957 c 232 §
20.]
70.94.200
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.205 Confidentiality of records and information. Whenever any records or other information, other than
70.94.205
[Title 70 RCW—page 186]
ambient air quality data or emission data, furnished to or
obtained by the department of ecology or the board of any
authority under this chapter, relate to processes or production
unique to the owner or operator, or is likely to affect
adversely the competitive position of such owner or operator
if released to the public or to a competitor, and the owner or
operator of such processes or production so certifies, such
records or information shall be only for the confidential use
of the department of ecology or board. Nothing herein shall
be construed to prevent the use of records or information by
the department of ecology or board in compiling or publishing analyses or summaries relating to the general condition of
the outdoor atmosphere: PROVIDED, That such analyses or
summaries do not reveal any information otherwise confidential under the provisions of this section: PROVIDED FURTHER, That emission data furnished to or obtained by the
department of ecology or board shall be correlated with
applicable emission limitations and other control measures
and shall be available for public inspection during normal
business hours at offices of the department of ecology or
board. [1991 c 199 § 307; 1973 1st ex.s. c 193 § 4; 1969 ex.s.
c 168 § 23; 1967 c 238 § 33.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.211
70.94.211 Enforcement actions by air authority—
Notice to violators. At least thirty days prior to the commencement of any formal enforcement action under RCW
70.94.430 or 70.94.431 a local air authority shall cause written notice to be served upon the alleged violator or violators.
The notice shall specify the provision of this chapter or the
rule or regulation alleged to be violated, and the facts alleged
to constitute a violation thereof, and may include an order
directing that necessary corrective action be taken within a
reasonable time. In lieu of an order, the board or the control
officer may require that the alleged violator or violators
appear before the board for a hearing. Every notice of violation shall offer to the alleged violator an opportunity to meet
with the local air authority prior to the commencement of
enforcement action. [1991 c 199 § 309; 1974 ex.s. c 69 § 4;
1970 ex.s. c 62 § 57; 1969 ex.s. c 168 § 24; 1967 c 238 § 34.]
Finding—1991 c 199: See note following RCW 70.94.011.
Savings—Effective date—Severability—1970 ex.s. c 62: See notes
following RCW 43.21A.010.
Appeal of orders under RCW 70.94.211: RCW 43.21B.310.
70.94.221
70.94.221 Order final unless appealed to pollution
control hearings board. Any order issued by the board or
by the control officer, shall become final unless such order is
appealed to the hearings board as provided in chapter 43.21B
RCW. [1970 ex.s. c 62 § 58; 1969 ex.s. c 168 § 25; 1967 c
238 § 35.]
Savings—Effective date—Severability—1970 ex.s. c 62: See notes
following RCW 43.21A.010.
70.94.230
70.94.230 Rules of authority supersede local rules,
regulations, etc.—Exceptions. The rules and regulations
hereafter adopted by an authority under the provisions of this
chapter shall supersede the existing rules, regulations, resolutions and ordinances of any of the component bodies
included within said authority in all matters relating to the
(2004 Ed.)
Washington Clean Air Act
control and enforcement of air pollution as contemplated by
this chapter: PROVIDED, HOWEVER, That existing rules,
regulations, resolutions and ordinances shall remain in effect
until such rules, regulations, resolutions and ordinances are
superseded as provided in this section: PROVIDED FURTHER, That nothing herein shall be construed to supersede
any local county, or city ordinance or resolution, or any provision of the statutory or common law pertaining to nuisance;
nor to affect any aspect of employer-employee relationship
relating to conditions in a place of work, including without
limitation, statutes, rules or regulations governing industrial
health and safety standards or performance standards incorporated in zoning ordinances or resolutions of the component
bodies where such standards relating to air pollution control
or air quality containing requirements not less stringent than
those of the authority. [1969 ex.s. c 168 § 28; 1967 c 238 §
38; 1957 c 232 § 23.]
70.94.231
70.94.231 Air pollution control authority—Dissolution of prior districts—Continuation of rules and regulations until superseded. Upon the date that an authority
begins to exercise its powers and functions, all rules and regulations in force on such date shall remain in effect until
superseded by the rules and regulations of the authority as
provided in RCW 70.94.230. [1991 c 199 § 708; 1969 ex.s. c
168 § 29; 1967 c 238 § 39.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.240
70.94.240 Air pollution control advisory council. The
board of any authority may appoint an air pollution control
advisory council to advise and consult with such board, and
the control officer in effectuating the purposes of this chapter.
The council shall consist of at least five appointed members
who are residents of the authority and who are preferably
skilled and experienced in the field of air pollution control,
chemistry, meteorology, public health, or a related field, at
least one of whom shall serve as a representative of industry
and one of whom shall serve as a representative of the environmental community. The chair of the board of any such
authority shall serve as ex officio member of the council and
be its chair. Each member of the council shall receive from
the authority per diem and travel expenses in an amount not
to exceed that provided for the state board in this chapter (but
not to exceed one thousand dollars per year) for each full day
spent in the performance of his or her duties under this chapter. [1991 c 199 § 709; 1969 ex.s. c 168 § 30; 1967 c 238 §
41; 1957 c 232 § 24.]
70.94.331
authority in proportion to their last contribution. Upon the
completion of the process of closing the affairs of the authority, the board shall by resolution entered in its minutes
declare the authority deactivated and a certified copy of such
resolution shall be filed with the secretary of state and the
authority shall be deemed inactive. [1979 ex.s. c 30 § 12;
1969 ex.s. c 168 § 31; 1967 c 238 § 43; 1957 c 232 § 26.]
70.94.262
70.94.262 Withdrawal from multicounty authority.
(1) Any county that is part of a multicounty authority, pursuant to RCW 70.94.053, may withdraw from the multicounty
authority after January 1, 1992, if the county wishes to provide for air quality protection and regulation by an alternate
air quality authority. A withdrawing county shall:
(a) Create its own single county authority;
(b) Join another existing multicounty authority with
which its boundaries are contiguous;
(c) Join with one or more contiguous inactive authorities
to operate as a new multicounty authority; or
(d) Become an inactive authority and subject to regulation by the department of ecology.
(2) In order to withdraw from an existing multicounty
authority, a county shall make arrangements, by interlocal
agreement, for division of assets and liabilities and the appropriate release of any and all interest in assets of the multicounty authority.
(3) In order to effectuate any of the alternate arrangements in subsection (1) of this section, the procedures of this
chapter to create an air pollution control authority shall be
met and the actions must be taken at least six months prior to
the effective date of withdrawal. The rules of the original
multicounty authority shall continue in force for the withdrawing county until such time as all conditions to create an
air pollution control authority have been met.
(4) At the effective date of a county's withdrawal, the
remaining counties shall reorganize and reconstitute the legislative authority pursuant to this chapter. The air pollution
control regulations of the existing multicounty authority shall
remain in force and effect after the reorganization.
(5) If a county elects to withdraw from an existing multicounty authority, the air pollution control regulations shall
remain in effect for the withdrawing county until suspended
by the adoption of rules, regulations, or ordinances adopted
under one of the alternatives of subsection (1) of this section.
A county shall initiate proceedings to adopt such rules, regulations, or ordinances on or before the effective date of the
county's withdrawal. [1991 c 125 § 2.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.331
70.94.260
70.94.260 Dissolution of authority—Deactivation of
authority. An air pollution control authority may be deactivated prior to the term provided in the original or subsequent
agreement by the county or counties comprising such authority upon the adoption by the board, following a hearing held
upon ten days notice, to said counties, of a resolution for dissolution or deactivation and upon the approval by the legislative authority of each county comprising the authority. In
such event, the board shall proceed to wind up the affairs of
the authority and pay all indebtedness thereof. Any surplus of
funds shall be paid over to the counties comprising the
(2004 Ed.)
70.94.331 Powers and duties of department. (1) The
department shall have all the powers as provided in RCW
70.94.141.
(2) The department, in addition to any other powers
vested in it by law after consideration at a public hearing held
in accordance with chapters 42.30 and 34.05 RCW shall:
(a) Adopt rules establishing air quality objectives and air
quality standards;
(b) Adopt emission standards which shall constitute minimum emission standards throughout the state. An authority
may enact more stringent emission standards, except for
emission performance standards for new wood stoves and
[Title 70 RCW—page 187]
70.94.332
Title 70 RCW: Public Health and Safety
opacity levels for residential solid fuel burning devices which
shall be statewide, but in no event may less stringent standards be enacted by an authority without the prior approval of
the department after public hearing and due notice to interested parties;
(c) Adopt by rule air quality standards and emission standards for the control or prohibition of emissions to the outdoor atmosphere of radionuclides, dust, fumes, mist, smoke,
other particulate matter, vapor, gas, odorous substances, or
any combination thereof. Such requirements may be based
upon a system of classification by types of emissions or types
of sources of emissions, or combinations thereof, which it
determines most feasible for the purposes of this chapter.
However, an industry, or the air pollution control authority
having jurisdiction, can choose, subject to the submittal of
appropriate data that the industry has quantified, to have any
limit on the opacity of emissions from a source whose emission standard is stated in terms of a weight of particulate per
unit volume of air (e.g., grains per dry standard cubic foot) be
based on the applicable particulate emission standard for that
source, such that any violation of the opacity limit accurately
indicates a violation of the applicable particulate emission
standard. Any alternative opacity limit provided by this section that would result in increasing air contaminants emissions in any nonattainment area shall only be granted if equal
or greater emission reductions are provided for by the same
source obtaining the revised opacity limit. A reasonable fee
may be assessed to the industry to which the alternate opacity
standard would apply. The fee shall cover only those costs to
the air pollution control authority which are directly related
to the determination on the acceptability of the alternate
opacity standard, including testing, oversight and review of
data.
(3) The air quality standards and emission standards may
be for the state as a whole or may vary from area to area or
source to source, except that emission performance standards
for new wood stoves and opacity levels for residential solid
fuel burning devices shall be statewide, as may be appropriate to facilitate the accomplishment of the objectives of this
chapter and to take necessary or desirable account of varying
local conditions of population concentration, the existence of
actual or reasonably foreseeable air pollution, topographic
and meteorologic conditions and other pertinent variables.
(4) The department is directed to cooperate with the
appropriate agencies of the United States or other states or
any interstate agencies or international agencies with respect
to the control of air pollution and air contamination, or for the
formulation for the submission to the legislature of interstate
air pollution control compacts or agreements.
(5) The department is directed to conduct or cause to be
conducted a continuous surveillance program to monitor the
quality of the ambient atmosphere as to concentrations and
movements of air contaminants and conduct or cause to be
conducted a program to determine the quantity of emissions
to the atmosphere.
(6) The department shall enforce the air quality standards
and emission standards throughout the state except where a
local authority is enforcing the state regulations or its own
regulations which are more stringent than those of the state.
(7) The department shall encourage local units of government to handle air pollution problems within their respec[Title 70 RCW—page 188]
tive jurisdictions; and, on a cooperative basis provide technical and consultative assistance therefor.
(8) The department shall have the power to require the
addition to or deletion of a county or counties from an existing authority in order to carry out the purposes of this chapter.
No such addition or deletion shall be made without the concurrence of any existing authority involved. Such action shall
only be taken after a public hearing held pursuant to the provisions of chapter 34.05 RCW.
(9) The department shall establish rules requiring
sources or source categories to apply reasonable and available control methods. Such rules shall apply to those sources
or source categories that individually or collectively contribute the majority of statewide air emissions of each regulated
pollutant. The department shall review, and if necessary,
update its rules every five years to ensure consistency with
current reasonable and available control methods. The
department shall have adopted rules required under this subsection for all sources by July 1, 1996.
For the purposes of this section, "reasonable and available control methods" shall include but not be limited to,
changes in technology, processes, or other control strategies.
[1991 c 199 § 710; 1988 c 106 § 1. Prior: 1987 c 405 § 13;
1987 c 109 § 39; 1985 c 372 § 4; 1969 ex.s. c 168 § 34; 1967
c 238 § 46.]
Finding—1991 c 199: See note following RCW 70.94.011.
Severability—1987 c 405: See note following RCW 70.94.450.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1985 c 372: See note following RCW 70.98.050.
70.94.332
70.94.332 Enforcement actions by department—
Notice to violators. At least thirty days prior to the commencement of any formal enforcement action under RCW
70.94.430 and 70.94.431, the department of ecology shall
cause written notice to be served upon the alleged violator or
violators. The notice shall specify the provision of this chapter or the rule or regulation alleged to be violated, and the
facts alleged to constitute a violation thereof, and may
include an order that necessary corrective action be taken
within a reasonable time. In lieu of an order, the department
may require that the alleged violator or violators appear
before it for the purpose of providing the department information pertaining to the violation or the charges complained
of. Every notice of violation shall offer to the alleged violator
an opportunity to meet with the department prior to the commencement of enforcement action. [1991 c 199 § 711; 1987
c 109 § 18; 1967 c 238 § 47.]
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Appeal of orders under RCW 70.94.332: RCW 43.21B.310.
70.94.335
70.94.335 Hazardous substance remedial actions—
Procedural requirements not applicable. The procedural
requirements of this chapter shall not apply to any person
conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The
(2004 Ed.)
Washington Clean Air Act
department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent
decree, order, or agreed order issued pursuant to chapter
70.105D RCW, or during the department-conducted remedial
action, through the procedures developed by the department
pursuant to RCW 70.105D.090. [1994 c 257 § 15.]
Severability—1994 c 257: See note following RCW 36.70A.270.
70.94.350
70.94.350 Contracts, agreements for use of personnel
by department—Reimbursement—Merit system regulations waived. The department is authorized to contract for or
otherwise agree to the use of personnel of municipal corporations or other agencies or private persons; and the department
is further authorized to reimburse such municipal corporations or agencies for the employment of such personnel.
Merit system regulations or standards for the employment of
personnel may be waived for personnel hired under contract
as provided for in this section. The department shall provide,
within available appropriations, for the scientific, technical,
legal, administrative, and other necessary services and facilities for performing the functions under this chapter. [1987 c
109 § 40; 1979 c 141 § 122; 1967 c 238 § 45; 1961 c 188 § 6.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.370
70.94.370 Powers and rights of governmental units
and persons are not limited by act or recommendations.
No provision of this chapter or any recommendation of the
state board or of any local or regional air pollution program is
a limitation:
(1) On the power of any city, town or county to declare,
prohibit and abate nuisances.
(2) On the power of the secretary of social and health services to provide for the protection of the public health under
any authority presently vested in that office or which may be
hereafter prescribed by law.
(3) On the power of a state agency in the enforcement, or
administration of any provision of law which it is specifically
permitted or required to enforce or administer.
(4) On the right of any person to maintain at any time any
appropriate action for relief against any air pollution. [1979
c 141 § 123; 1967 c 238 § 59; 1961 c 188 § 8.]
70.94.380
70.94.380 Emission control requirements. (1) Every
activated authority operating an air pollution control program
shall have requirements for the control of emissions which
are no less stringent than those adopted by the department of
ecology for the geographic area in which such air pollution
control program is located. Less stringent requirements than
compelled by this section may be included in a local or
regional air pollution control program only after approval by
the department of ecology following demonstration to the
satisfaction of the department of ecology that the proposed
requirements are consistent with the purposes of this chapter:
PROVIDED, That such approval shall be preceded by public
hearing, of which notice has been given in accordance with
chapter 42.30 RCW. The department of ecology, upon
receiving evidence that conditions have changed or that additional information is relevant to a decision with respect to the
requirements for emission control, may, after public hearing
(2004 Ed.)
70.94.390
on due notice, withdraw any approval previously given to a
less stringent local or regional requirement.
[(2)] Nothing in this chapter shall be construed to prevent a local or regional air pollution control authority from
adopting and enforcing more stringent emission control
requirements than those adopted by the department of ecology and applicable within the jurisdiction of the local or
regional air pollution control authority, except that the emission performance standards for new wood stoves and the
opacity levels for residential solid fuel burning devices shall
be statewide. [1987 c 405 § 14; 1979 ex.s. c 30 § 13; 1969
ex.s. c 168 § 36; 1967 c 238 § 50.]
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.385
70.94.385 State financial aid—Application for—
Requirements. (1) Any authority may apply to the department for state financial aid. The department shall annually
establish the amount of state funds available for the local
authorities taking into consideration available federal and
state funds. The establishment of funding amounts shall be
consistent with federal requirements and local maintenance
of effort necessary to carry out the provisions of this chapter.
Any such aid shall be expended from the general fund or
from other appropriations as the legislature may provide for
this purpose: PROVIDED, That federal funds shall be utilized to the maximum unless otherwise approved by the
department: PROVIDED FURTHER, That the amount of
state funds provided to local authorities during the previous
year shall not be reduced without a public notice or public
hearing held by the department if requested by the affected
local authority, unless such changes are the direct result of a
reduction in the available federal funds for air pollution control programs.
(2) Before any such application is approved and financial
aid is given or approved by the department, the authority
shall demonstrate to the satisfaction of the department that it
is fulfilling the requirements of this chapter. If the department
has not adopted ambient air quality standards and objectives
as permitted by RCW 70.94.331, the authority shall demonstrate to the satisfaction of the department that it is acting in
good faith and doing all that is possible and reasonable to
control and prevent air pollution within its jurisdictional
boundaries and to carry out the purposes of this chapter.
(3) The department shall adopt rules requiring the submission of such information by each authority including the
submission of its proposed budget and a description of its
program in support of the application for state financial aid as
necessary to enable the department to determine the need for
state aid. [1991 c 199 § 712; 1987 c 109 § 41; 1969 ex.s. c
168 § 37; 1967 c 238 § 51.]
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.390
70.94.390 Hearing upon activation of authority—
Finding—Assumption of jurisdiction by department—
Expenses. The department may, at any time and on its own
motion, hold a hearing to determine if the activation of an
authority is necessary for the prevention, abatement and control of air pollution which exists or is likely to exist in any
[Title 70 RCW—page 189]
70.94.395
Title 70 RCW: Public Health and Safety
area of the state. Notice of such hearing shall be conducted in
accordance with chapter 42.30 RCW and chapter 34.05
RCW. If at such hearing the department finds that air pollution exists or is likely to occur in a particular area, and that the
purposes of this chapter and the public interest will be best
served by the activation of an authority it shall designate the
boundaries of such area and set forth in a report to the appropriate county or counties recommendations for the activation
of an authority: PROVIDED, That if at such hearing the
department determines that the activation of an authority is
not practical or feasible for the reason that a local or regional
air pollution control program cannot be successfully established or operated due to unusual circumstances and conditions, but that the control and/or prevention of air pollution is
necessary for the purposes of this chapter and the public
interest, it may assume jurisdiction and so declare by order.
Such order shall designate the geographic area in which, and
the effective date upon which, the department will exercise
jurisdiction for the control and/or prevention of air pollution.
The department shall exercise its powers and duties in the
same manner as if it had assumed authority under RCW
70.94.410.
All expenses incurred by the department in the control
and prevention of air pollution in any county pursuant to the
provisions of RCW 70.94.390 and 70.94.410 shall constitute
a claim against such county. The department shall certify the
expenses to the auditor of the county, who promptly shall
issue his warrant on the county treasurer payable out of the
current expense fund of the county. In the event that the
amount in the current expense fund of the county is not adequate to meet the expenses incurred by the department, the
department shall certify to the state treasurer that they have a
prior claim on any money in the "liquor excise tax fund" that
is to be apportioned to that county by the state treasurer as
provided in RCW 82.08.170. In the event that the amount in
the "liquor excise tax fund" that is to be apportioned to that
county by the state treasurer is not adequate to meet the
expenses incurred by the department, the department shall
certify to the state treasurer that they have a prior claim on
any excess funds from the liquor revolving fund that are to be
distributed to that county as provided in RCW 66.08.190
through 66.08.220. All moneys that are collected as provided
in this section shall be placed in the general fund in the
account of the office of air programs of the department.
[1987 c 109 § 42; 1969 ex.s. c 168 § 38; 1967 c 238 § 52.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.395
70.94.395 Air contaminant sources—Regulation by
department; authorities may be more stringent—Hearing—Standards. If the department finds, after public hearing upon due notice to all interested parties, that the emissions from a particular type or class of air contaminant source
should be regulated on a statewide basis in the public interest
and for the protection of the welfare of the citizens of the
state, it may adopt and enforce rules to control and/or prevent
the emission of air contaminants from such source. An
authority may, after public hearing and a finding by the board
of a need for more stringent rules than those adopted by the
department under this section, propose the adoption of such
rules by the department for the control of emissions from the
[Title 70 RCW—page 190]
particular type or class of air contaminant source within the
geographical area of the authority. The department shall hold
a public hearing and shall adopt the proposed rules within the
area of the requesting authority, unless it finds that the proposed rules are inconsistent with the rules adopted by the
department under this section. When such standards are
adopted by the department it shall delegate solely to the
requesting authority all powers necessary for their enforcement at the request of the authority. If after public hearing the
department finds that the regulation on a statewide basis of a
particular type or class of air contaminant source is no longer
required for the public interest and the protection of the welfare of the citizens of the state, the department may relinquish
exclusive jurisdiction over such source. [1991 c 199 § 713;
1987 c 109 § 43; 1969 ex.s. c 168 § 39; 1967 c 238 § 53.]
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.400
70.94.400 Order activating authority—Filing—
Hearing—Amendment of order. If, at the end of ninety
days after the department issues a report as provided for in
RCW 70.94.390, to appropriate county or counties recommending the activation of an authority such county or counties have not performed those actions recommended by the
department, and the department is still of the opinion that the
activation of an authority is necessary for the prevention,
abatement and control of air pollution which exists or is
likely to exist, then the department may, at its discretion,
issue an order activating an authority. Such order, a certified
copy of which shall be filed with the secretary of state, shall
specify the participating county or counties and the effective
date by which the authority shall begin to function and exercise its powers. Any authority activated by order of the
department shall choose the members of its board as provided
in RCW 70.94.100 and begin to function in the same manner
as if it had been activated by resolutions of the county or
counties included within its boundaries. The department may,
upon due notice to all interested parties, conduct a hearing in
accordance with chapter 42.30 RCW and chapter 34.05 RCW
within six months after the order was issued to review such
order and to ascertain if such order is being carried out in
good faith. At such time the department may amend any such
order issued if it is determined by the department that such
order is being carried out in bad faith or the department may
take the appropriate action as is provided in RCW 70.94.410.
[1987 c 109 § 44; 1969 ex.s. c 168 § 40; 1967 c 238 § 54.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.405
70.94.405 Air pollution control authority—Review
by department of program. At any time after an authority
has been activated for no less than one year, the department
may, on its own motion, conduct a hearing held in accordance
with chapters 42.30 and 34.05 RCW, to determine whether or
not the air pollution prevention and control program of such
authority is being carried out in good faith and is as effective
as possible. If at such hearing the department finds that such
authority is not carrying out its air pollution control or prevention program in good faith, is not doing all that is possible
and reasonable to control and/or prevent air pollution within
(2004 Ed.)
Washington Clean Air Act
the geographical area over which it has jurisdiction, or is not
carrying out the provisions of this chapter, it shall set forth in
a report or order to the appropriate authority: (1) Its recommendations as to how air pollution prevention and/or control
might be more effectively accomplished; and (2) guidelines
which will assist the authority in carrying out the recommendations of the department. [1991 c 199 § 714; 1987 c 109 §
45; 1969 ex.s. c 168 § 41; 1967 c 238 § 55.]
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.410
70.94.410 Air pollution control authority—Assumption of control by department. (1) If, after thirty days from
the time that the department issues a report or order to an
authority under RCW 70.94.400 and 70.94.405, such authority has not taken action which indicates that it is attempting in
good faith to implement the recommendations or actions of
the department as set forth in the report or order, the department may, by order, declare as null and void any or all ordinances, resolutions, rules or regulations of such authority
relating to the control and/or prevention of air pollution, and
at such time the department shall become the sole body with
authority to make and enforce rules and regulations for the
control and/or prevention of air pollution within the geographical area of such authority. If this occurs, the department may assume all those powers which are given to it by
law to effectuate the purposes of this chapter. The department
may, by order, continue in effect and enforce provisions of
the ordinances, resolutions, or rules of such authority which
are not less stringent than those requirements which the
department may have found applicable to the area under
RCW 70.94.331, until such time as the department adopts its
own rules. Any rules promulgated by the department shall be
subject to the provisions of chapter 34.05 RCW. Any
enforcement actions shall be subject to RCW 43.21B.300 or
43.21B.310.
(2) No provision of this chapter is intended to prohibit
any authority from reestablishing its air pollution control program which meets with the approval of the department and
which complies with the purposes of this chapter and with
applicable rules and orders of the department.
(3) Nothing in this chapter shall prevent the department
from withdrawing the exercise of its jurisdiction over an
authority upon its own motion if the department has found at
a hearing held in accordance with chapters 42.30 and 34.05
RCW, that the air pollution prevention and control program
of such authority will be carried out in good faith, that such
program will do all that is possible and reasonable to control
and/or prevent air pollution within the geographical area over
which it has jurisdiction, and that the program complies with
the provisions of this chapter. Upon the withdrawal of the
department, the department shall prescribe certain recommendations as to how air pollution prevention and/or control
is to be effectively accomplished and guidelines which will
assist the authority in carrying out the recommendations of
the department. [1991 c 199 § 715; 1987 c 109 § 46; 1969
ex.s. c 168 § 42; 1967 c 238 § 56.]
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
(2004 Ed.)
70.94.425
70.94.420
70.94.420 State departments and agencies to cooperate with department and authorities. It is declared to be
the intent of the legislature of the state of Washington that
any state department or agency having jurisdiction over any
building, installation, other property, or other activity creating or likely to create significant air pollution shall cooperate
with the department and with air pollution control agencies in
preventing and/or controlling the pollution of the air in any
area insofar as the discharge of air contaminants from or by
such building, installation, other property, or activity may
cause or contribute to pollution of the air in such area. Such
state department or agency shall comply with the provisions
of this chapter and with any ordinance, resolution, rule or regulation issued hereunder in the same manner as any other person subject to such laws or rules. [1991 c 199 § 716; 1987 c
109 § 47; 1969 ex.s. c 168 § 44; 1967 c 238 § 58.]
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.422
70.94.422 Department of health powers regarding
radionuclides—Energy facility site evaluation council
authority over permit program sources. (1) The department of health shall have all the enforcement powers as provided in RCW 70.94.332, 70.94.425, 70.94.430, 70.94.431
(1) through (7), and 70.94.435 with respect to emissions of
radionuclides. This section does not preclude the department
of ecology from exercising its authority under this chapter.
(2) Permits for energy facilities subject to chapter 80.50
RCW shall be issued by the energy facility site evaluation
council. However, the permits become effective only if the
governor approves an application for certification and executes a certification agreement under chapter 80.50 RCW.
The council shall have all powers necessary to administer an
operating permits program pertaining to such facilities, consistent with applicable air quality standards established by the
department or local air pollution control authorities, or both,
and to obtain the approval of the United States environmental
protection agency. The council's powers include, but are not
limited to, all of the enforcement powers provided in RCW
70.94.332, 70.94.425, 70.94.430, 70.94.431 (1) through (7),
and 70.94.435 with respect to permit program sources
required to obtain certification from the council under chapter 80.50 RCW. To the extent not covered under RCW
80.50.071, the council may collect fees as granted to delegated local air authorities under RCW 70.94.152, 70.94.161
(14) and (15), 70.94.162, and 70.94.154(7) with respect to
permit program sources required to obtain certification from
the council under chapter 80.50 RCW. The council and the
department shall each establish procedures that provide maximum coordination and avoid duplication between the two
agencies in carrying out the requirements of this chapter.
[1993 c 252 § 7.]
70.94.425
70.94.425 Restraining orders—Injunctions. Notwithstanding the existence or use of any other remedy, whenever
any person has engaged in, or is about to engage in, any acts
or practices which constitute or will constitute a violation of
any provision of this chapter, or any rule, regulation or order
issued thereunder, the governing body or board or the department, after notice to such person and an opportunity to com[Title 70 RCW—page 191]
70.94.430
Title 70 RCW: Public Health and Safety
ply, may petition the superior court of the county wherein the
violation is alleged to be occurring or to have occurred for a
restraining order or a temporary or permanent injunction or
another appropriate order. [1987 c 109 § 48; 1967 c 238 §
60.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.430
70.94.430 Penalties. (1) Any person who knowingly
violates any of the provisions of chapter 70.94 or 70.120
RCW, or any ordinance, resolution, or regulation in force
pursuant thereto is guilty of a gross misdemeanor and upon
conviction thereof shall be punished by a fine of not more
than ten thousand dollars, or by imprisonment in the county
jail for not more than one year, or by both for each separate
violation.
(2) Any person who negligently releases into the ambient
air any substance listed by the department of ecology as a
hazardous air pollutant, other than in compliance with the
terms of an applicable permit or emission limit, and who at
the time negligently places another person in imminent danger of death or substantial bodily harm is guilty of a gross
misdemeanor and shall, upon conviction, be punished by a
fine of not more than ten thousand dollars, or by imprisonment for not more than one year, or both.
(3) Any person who knowingly releases into the ambient
air any substance listed by the department of ecology as a
hazardous air pollutant, other than in compliance with the
terms of an applicable permit or emission limit, and who
knows at the time that he or she thereby places another person
in imminent danger of death or substantial bodily harm, is
guilty of a class C felony and shall, upon conviction, be punished by a fine of not less than fifty thousand dollars, or by
imprisonment for not more than five years, or both.
(4) Any person who knowingly fails to disclose a potential conflict of interest under RCW 70.94.100 is guilty of a
gross misdemeanor, and upon conviction thereof shall be
punished by a fine of not more than five thousand dollars.
[2003 c 53 § 355; 1991 c 199 § 310; 1984 c 255 § 1; 1973 1st
ex.s. c 176 § 1; 1967 c 238 § 61.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.431 Civil penalties—Excusable excess emissions. (1) Except as provided in RCW 43.05.060 through
43.05.080 and 43.05.150, and in addition to or as an alternate
to any other penalty provided by law, any person who violates any of the provisions of chapter 70.94 RCW, chapter
70.120 RCW, or any of the rules in force under such chapters
may incur a civil penalty in an amount not to exceed ten thousand dollars per day for each violation. Each such violation
shall be a separate and distinct offense, and in case of a continuing violation, each day's continuance shall be a separate
and distinct violation.
Any person who fails to take action as specified by an
order issued pursuant to this chapter shall be liable for a civil
penalty of not more than ten thousand dollars for each day of
continued noncompliance.
(2) Penalties incurred but not paid shall accrue interest,
beginning on the ninety-first day following the date that the
70.94.431
[Title 70 RCW—page 192]
penalty becomes due and payable, at the highest rate allowed
by RCW 19.52.020 on the date that the penalty becomes due
and payable. If violations or penalties are appealed, interest
shall not begin to accrue until the thirty-first day following
final resolution of the appeal.
The maximum penalty amounts established in this section may be increased annually to account for inflation as
determined by the state office of the economic and revenue
forecast council.
(3) Each act of commission or omission which procures,
aids or abets in the violation shall be considered a violation
under the provisions of this section and subject to the same
penalty. The penalties provided in this section shall be
imposed pursuant to RCW 43.21B.300.
(4) All penalties recovered under this section by the
department shall be paid into the state treasury and credited to
the air pollution control account established in RCW
70.94.015 or, if recovered by the authority, shall be paid into
the treasury of the authority and credited to its funds. If a
prior penalty for the same violation has been paid to a local
authority, the penalty imposed by the department under subsection (1) of this section shall be reduced by the amount of
the payment.
(5) To secure the penalty incurred under this section, the
state or the authority shall have a lien on any vessel used or
operated in violation of this chapter which shall be enforced
as provided in RCW 60.36.050.
(6) Public or private entities that are recipients or potential recipients of department grants, whether for air quality
related activities or not, may have such grants rescinded or
withheld by the department for failure to comply with provisions of this chapter.
(7) In addition to other penalties provided by this chapter, persons knowingly under-reporting emissions or other
information used to set fees, or persons required to pay emission or permit fees who are more than ninety days late with
such payments may be subject to a penalty equal to three
times the amount of the original fee owed.
(8) By January 1, 1992, the department shall develop
rules for excusing excess emissions from enforcement action
if such excess emissions are unavoidable. The rules shall
specify the criteria and procedures for the department and
local air authorities to determine whether a period of excess
emissions is excusable in accordance with the state implementation plan. [1995 c 403 § 630; 1991 c 199 § 311; 1990 c
157 § 1; 1987 c 109 § 19; 1984 c 255 § 2; 1973 1st ex.s. c 176
§ 2; 1969 ex.s. c 168 § 53.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.435
70.94.435 Additional means for enforcement of chapter. As an additional means of enforcing this chapter, the
governing body or board may accept an assurance of discontinuance of any act or practice deemed in violation of this
chapter or of any ordinance, resolution, rule or regulation
adopted pursuant hereto, from any person engaging in, or
(2004 Ed.)
Washington Clean Air Act
who has engaged in, such act or practice. Any such assurance
shall specify a time limit during which such discontinuance is
to be accomplished. Failure to perform the terms of any such
assurance shall constitute prima facie proof of a violation of
this chapter or the ordinances, resolutions, rules or regulations, or order issued pursuant thereto, which make the
alleged act or practice unlawful for the purpose of securing
any injunction or other relief from the superior court as provided in RCW 70.94.425. [1967 c 238 § 62.]
70.94.440
70.94.440 Short title. This chapter may be known and
cited as the "Washington Clean Air Act". [1967 c 238 § 63.]
Short title—1991 c 199: "This chapter shall be known and may be
cited as the clean air Washington act." [1991 c 199 § 721.]
70.94.457
(5) "Solid fuel burning device" means any device for
burning wood, coal, or any other nongaseous and nonliquid
fuel, including a wood stove and fireplace.
(6) "Authority" means any air pollution control agency
whose jurisdictional boundaries are coextensive with the
boundaries of one or more counties.
(7) "Opacity" means the degree to which an object seen
through a plume is obscured, stated as a percentage. The
methods approved by the department in accordance with
RCW 70.94.331 shall be used to establish opacity for the purposes of this chapter. [1987 c 405 § 2.]
*Reviser's note: RCW 70.94.487 was repealed by 1988 c 186 § 16,
effective June 30, 1988.
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.445
70.94.445 Air pollution control facilities—Tax
exemptions and credits. See chapter 82.34 RCW.
70.94.450
70.94.450 Wood stoves—Policy. In the interest of the
public health and welfare and in keeping with the objectives
of RCW 70.94.011, the legislature declares it to be the public
policy of the state to control, reduce, and prevent air pollution
caused by wood stove emissions. It is the state's policy to
reduce wood stove emissions by encouraging the department
of ecology to continue efforts to educate the public about the
effects of wood stove emissions, other heating alternatives,
and the desirability of achieving better emission performance
and heating efficiency from wood stoves. The legislature further declares that: (1) The purchase of certified wood stoves
will not solve the problem of pollution caused by wood stove
emissions; and (2) the reduction of air pollution caused by
wood stove emissions will only occur when wood stove users
adopt proper methods of wood burning. [1987 c 405 § 1.]
Severability—1987 c 405: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 405 § 18.]
70.94.453
70.94.453 Wood stoves—Definitions. Unless the context clearly requires otherwise, the definitions in this section
apply throughout RCW 70.94.453 through *70.94.487:
(1) "Department" means the department of ecology.
(2) "Wood stove" means a solid fuel burning device
other than a fireplace not meeting the requirements of RCW
70.94.457, including any fireplace insert, wood stove, wood
burning heater, wood stick boiler, coal-fired furnace, coal
stove, or similar device burning any solid fuel used for aesthetic or space-heating purposes in a private residence or
commercial establishment, which has a heat input less than
one million British thermal units per hour. The term "wood
stove" does not include wood cook stoves.
(3) "Fireplace" means: (a) Any permanently installed
masonry fireplace; or (b) any factory-built metal solid fuel
burning device designed to be used with an open combustion
chamber and without features to control the air to fuel ratio.
(4) "New wood stove" means: (a) A wood stove that is
sold at retail, bargained, exchanged, or given away for the
first time by the manufacturer, the manufacturer's dealer or
agency, or a retailer; and (b) has not been so used to have
become what is commonly known as "second hand" within
the ordinary meaning of that term.
(2004 Ed.)
70.94.455
70.94.455 Residential and commercial construction—Burning and heating device standards. After January 1, 1992, no used solid fuel burning device shall be
installed in new or existing buildings unless such device is
either Oregon department of environmental quality phase II
or United States environmental protection agency certified or
a pellet stove either certified or exempt from certification by
the United States environmental protection agency.
(1) By July 1, 1992, the state building code council shall
adopt rules requiring an adequate source of heat other than
wood stoves in all new and substantially remodeled residential and commercial construction. This rule shall apply (a) to
areas designated by a county to be an urban growth area
under chapter 36.70A RCW; and (b) to areas designated by
the environmental protection agency as being in nonattainment for particulate matter.
(2) For purposes of this section, "substantially remodeled" means any alteration or restoration of a building
exceeding sixty percent of the appraised value of such building within a twelve-month period. [1991 c 199 § 503.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.457
70.94.457 Solid fuel burning devices—Emission performance standards. The department of ecology shall
establish by rule under chapter 34.05 RCW:
(1) Statewide emission performance standards for new
solid fuel burning devices. Notwithstanding any other provision of this chapter which allows an authority to adopt more
stringent emission standards, no authority shall adopt any
emission standard for new solid fuel burning devices other
than the statewide standard adopted by the department under
this section.
(a) After January 1, 1995, no solid fuel burning device
shall be offered for sale in this state to residents of this state
that does not meet the following particulate air contaminant
emission standards under the test methodology of the United
States environmental protection agency in effect on January
1, 1991, or an equivalent standard under any test methodology adopted by the United States environmental protection
agency subsequent to such date: (i) Two and one-half grams
per hour for catalytic wood stoves; and (ii) four and one-half
grams per hour for all other solid fuel burning devices. For
purposes of this subsection, "equivalent" shall mean the
emissions limits specified in this subsection multiplied by a
statistically reliable conversion factor determined by the
[Title 70 RCW—page 193]
70.94.460
Title 70 RCW: Public Health and Safety
department that compares the difference between the emission test methodology established by the United States environmental protection agency prior to May 15, 1991, with the
test methodology adopted subsequently by the agency. Subsection (a) of this subsection does not apply to fireplaces.
(b) After January 1, 1997, no fireplace, except masonry
fireplaces, shall be offered for sale unless such fireplace
meets the 1990 United States environmental protection
agency standards for wood stoves or equivalent standard that
may be established by the state building code council by rule.
Prior to January 1, 1997, the state building code council shall
establish by rule a methodology for the testing of factorybuilt fireplaces. The methodology shall be designed to
achieve a particulate air emission standard equivalent to the
1990 United States environmental protection agency standard for wood stoves. In developing the rules, the council
shall include on the technical advisory committee at least one
representative from the masonry fireplace builders and at
least one representative of the factory-built fireplace manufacturers.
(c) Prior to January 1, 1997, the state building code
council shall establish by rule design standards for the construction of new masonry fireplaces in Washington state. In
developing the rules, the council shall include on the technical advisory committee at least one representative from the
masonry fireplace builders and at least one representative of
the factory-built fireplace manufacturers. It shall be the goal
of the council to develop design standards that generally
achieve reductions in particulate air contaminant emissions
commensurate with the reductions being achieved by factorybuilt fireplaces at the time the standard is established.
(d) Actions of the department and local air pollution control authorities under this section shall preempt actions of
other state agencies and local governments for the purposes
of controlling air pollution from solid fuel burning devices,
except where authorized by chapter 199, Laws of 1991.
(e) Subsection (1)(a) of this section shall not apply to
fireplaces.
(f) Notwithstanding (a) of this subsection, the department is authorized to adopt, by rule, emission standards
adopted by the United States environmental protection
agency for new wood stoves sold at retail. For solid fuel burning devices for which the United States environmental protection agency has not established emission standards, the
department may exempt or establish, by rule, statewide standards including emission levels and test procedures for such
devices and such emission levels and test procedures shall be
equivalent to emission levels per pound per hour burned for
other new wood stoves and fireplaces regulated under this
subsection.
(2) A program to:
(a) Determine whether a new solid fuel burning device
complies with the statewide emission performance standards
established in subsection (1) of this section; and
(b) Approve the sale of devices that comply with the
statewide emission performance standards. [1995 c 205 § 3;
1991 c 199 § 501; 1987 c 405 § 4.]
Finding—1991 c 199: See note following RCW 70.94.011.
Severability—1987 c 405: See note following RCW 70.94.450.
[Title 70 RCW—page 194]
70.94.460
70.94.460 Sale of unapproved wood stoves—Prohibited. After July 1, 1988, no person shall sell, offer to sell, or
knowingly advertise to sell a new wood stove in this state to
a resident of this state unless the wood stove has been
approved by the department under the program established
under RCW 70.94.457. [1995 c 205 § 4; 1987 c 405 § 7.]
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.463
70.94.463 Sale of unapproved wood stoves—Penalty.
After July 1, 1988, any person who sells, offers to sell, or
knowingly advertises to sell a new wood stove in this state in
violation of RCW 70.94.460 shall be subject to the penalties
and enforcement actions under this chapter. [1987 c 405 § 8.]
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.467
70.94.467 Sale of unapproved wood stoves—Application of law to advertising media. Nothing in RCW
70.94.460 or 70.94.463 shall apply to a radio station, television station, publisher, printer, or distributor of a newspaper,
magazine, billboard, or other advertising medium that
accepts advertising in good faith and without knowledge of
its violation of RCW 70.94.453 through *70.94.487. [1987 c
405 § 12.]
*Reviser's note: RCW 70.94.487 was repealed by 1988 c 186 § 16,
effective June 30, 1988.
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.470
70.94.470 Residential solid fuel burning devices—
Opacity levels—Enforcement and public education. (1)
The department shall establish, by rule under chapter 34.05
RCW, (a) a statewide opacity level of twenty percent for residential solid fuel burning devices for the purpose of enforcement on a complaint basis and (b) a statewide opacity of ten
percent for purposes of public education.
(2) Notwithstanding any other provision of this chapter
which may allow an authority to adopt a more stringent opacity level, no authority shall adopt or enforce an opacity level
for solid fuel burning devices other than established in this
section.
(3) Actions of the department and local air pollution control authorities under this section shall preempt actions of
other state agencies and local governments for the purposes
of controlling air pollution from solid fuel burning devices,
except where authorized by chapter 199, Laws of 1991.
[1991 c 199 § 502; 1987 c 405 § 5.]
Finding—1991 c 199: See note following RCW 70.94.011.
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.473
70.94.473 Limitations on burning wood for heat. (1)
Any person in a residence or commercial establishment
which has an adequate source of heat without burning wood
shall:
(a) Not burn wood in any solid fuel burning device
whenever the department has determined under RCW
70.94.715 that any air pollution episode exists in that area;
(b) Not burn wood in any solid fuel burning device
except those which are either Oregon department of environmental quality phase II or United States environmental protection agency certified or certified by the department under
RCW 70.94.457(1) or a pellet stove either certified or issued
(2004 Ed.)
Washington Clean Air Act
an exemption by the United States environmental protection
agency in accordance with Title 40, Part 60 of the code of
federal regulations, in the geographical area and for the
period of time that a first stage of impaired air quality has
been determined, by the department or any authority, for that
area. A first stage of impaired air quality is reached when particulates ten microns and smaller in diameter are at an ambient level of sixty micrograms per cubic meter measured on a
twenty-four hour average or when carbon monoxide is at an
ambient level of eight parts of contaminant per million parts
of air by volume measured on an eight-hour average; and
(c) Not burn wood in any solid fuel burning device in a
geographical area and for the period of time that a second
stage of impaired air quality has been determined by the
department or any authority, for that area. A second stage of
impaired air quality is reached when particulates ten microns
and smaller in diameter are at an ambient level of one hundred five micrograms per cubic meter measured on a twentyfour hour average.
(2) Actions of the department and local air pollution control authorities under this section shall preempt actions of
other state agencies and local governments for the purposes
of controlling air pollution from solid fuel burning devices,
except where authorized by chapter 199, Laws of 1991.
[1998 c 342 § 8; 1995 c 205 § 1; 1991 c 199 § 504; 1990 c 128
§ 2; 1987 c 405 § 6.]
Finding—1991 c 199: See note following RCW 70.94.011.
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.475
70.94.475 Liability of condominium owners' association or resident association. A condominium owners' association or an association formed by residents of a multiplefamily dwelling are not liable for violations of RCW
70.94.473 by a resident of a condominium or multiple-family
dwelling. The associations shall cooperate with local air pollution control authorities to acquaint residents with the provisions of this section. [1990 c 157 § 2.]
70.94.477
70.94.477 Limitations on use of solid fuel burning
devices. (1) Unless allowed by rule, under chapter 34.05
RCW, a person shall not cause or allow any of the following
materials to be burned in any residential solid fuel burning
device:
(a) Garbage;
(b) Treated wood;
(c) Plastics;
(d) Rubber products;
(e) Animals;
(f) Asphaltic products;
(g) Waste petroleum products;
(h) Paints; or
(i) Any substance, other than properly seasoned fuel
wood, which normally emits dense smoke or obnoxious
odors.
(2) For the sole purpose of a contingency measure to
meet the requirements of section 172(c)(9) of the federal
clean air act, a local authority or the department may prohibit
the use of solid fuel burning devices, except fireplaces as
defined in RCW 70.94.453(3), wood stoves meeting the standards set forth in RCW 70.94.457 or pellet stoves either cer(2004 Ed.)
70.94.483
tified or issued an exemption by the United States environmental protection agency in accordance with Title 40, Part 60
of the code of federal regulations, if the United States environmental protection agency, in consultation with the department and the local authority makes written findings that:
(a) The area has failed to make reasonable further
progress or attain or maintain a national ambient air quality
standard; and
(b) Emissions from solid fuel burning devices from a
particular geographic area are a contributing factor to such
failure to make reasonable further progress or attain or maintain a national ambient air quality standard.
A prohibition issued by a local authority or the department under this subsection shall not apply to a person in a residence or commercial establishment that does not have an
adequate source of heat without burning wood. [1995 c 205
§ 2; 1990 c 128 § 3; 1987 c 405 § 9.]
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.480
70.94.480 Wood stove education program. (1) The
department of ecology shall establish a program to educate
wood stove dealers and the public about:
(a) The effects of wood stove emissions on health and air
quality;
(b) Methods of achieving better efficiency and emission
performance from wood stoves;
(c) Wood stoves that have been approved by the department;
(d) The benefits of replacing inefficient wood stoves
with stoves approved under RCW 70.94.457.
(2) Persons selling new wood stoves shall distribute and
verbally explain educational materials describing when a
stove can and cannot be legally used to customers purchasing
new wood stoves. [1990 c 128 § 6; 1987 c 405 § 3.]
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.483
70.94.483 Wood stove education and enforcement
account created—Fee imposed on solid fuel burning
device sales. (1) The wood stove education and enforcement
account is hereby created in the state treasury. Money placed
in the account shall include all money received under subsection (2) of this section and any other money appropriated by
the legislature. Money in the account shall be spent for the
purposes of the wood stove education program established
under RCW 70.94.480 and for enforcement of the wood
stove program, and shall be subject to legislative appropriation. However, during the 2003-05 fiscal biennium, the legislature may transfer from the wood stove education and
enforcement account to the air pollution control account such
amounts as specified in the omnibus operating budget bill.
(2) The department of ecology, with the advice of the
advisory committee, shall set a flat fee of thirty dollars, on the
retail sale, as defined in RCW 82.04.050, of each solid fuel
burning device after January 1, 1992. The fee shall be
imposed upon the consumer and shall not be subject to the
retail sales tax provisions of chapters 82.08 and 82.12 RCW.
The fee may be adjusted annually above thirty dollars to
account for inflation as determined by the state office of the
economic and revenue forecast council. The fee shall be collected by the department of revenue in conjunction with the
[Title 70 RCW—page 195]
70.94.510
Title 70 RCW: Public Health and Safety
retail sales tax under chapter 82.08 RCW. If the seller fails to
collect the fee herein imposed or fails to remit the fee to the
department of revenue in the manner prescribed in chapter
82.08 RCW, the seller shall be personally liable to the state
for the amount of the fee. The collection provisions of chapter 82.32 RCW shall apply. The department of revenue shall
deposit fees collected under this section in the wood stove
education and enforcement account. [2003 1st sp.s. c 25 §
932; 1991 sp.s. c 13 §§ 64, 65; 1991 c 199 § 505; 1990 c 128
§ 5; 1987 c 405 § 10.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Finding—1991 c 199: See note following RCW 70.94.011.
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.510
70.94.510 Policy to cooperate with federal government. It is declared to be the policy of the state of Washington through the department of ecology to cooperate with the
federal government in order to insure the coordination of the
provisions of the federal and state clean air acts, and the
department is authorized and directed to implement and
enforce the provisions of this chapter in carrying out this policy as follows:
(1) To accept and administer grants from the federal government for carrying out the provisions of this chapter.
(2) To take all action necessary to secure to the state the
benefits of the federal clean air act. [1987 c 109 § 49; 1969
ex.s. c 168 § 45.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.521
70.94.521 Transportation demand management—
Findings. The legislature finds that automotive traffic in
Washington's metropolitan areas is the major source of emissions of air contaminants. This air pollution causes significant harm to public health, causes damage to trees, plants,
structures, and materials and degrades the quality of the environment.
Increasing automotive traffic is also aggravating traffic
congestion in Washington's metropolitan areas. This traffic
congestion imposes significant costs on Washington's businesses, governmental agencies, and individuals in terms of
lost working hours and delays in the delivery of goods and
services. Traffic congestion worsens automobile-related air
pollution, increases the consumption of fuel, and degrades
the habitability of many of Washington's cities and suburban
areas. The capital and environmental costs of fully accommodating the existing and projected automobile traffic on roads
and highways are prohibitive. Decreasing the demand for
vehicle trips is significantly less costly and at least as effective in reducing traffic congestion and its impacts as constructing new transportation facilities such as roads and
bridges, to accommodate increased traffic volumes.
The legislature also finds that increasing automotive
transportation is a major factor in increasing consumption of
gasoline and, thereby, increasing reliance on imported
sources of petroleum. Moderating the growth in automotive
travel is essential to stabilizing and reducing dependence on
[Title 70 RCW—page 196]
imported petroleum and improving the nation's energy security.
The legislature further finds that reducing the number of
commute trips to work made via single-occupant cars and
light trucks is an effective way of reducing automobilerelated air pollution, traffic congestion, and energy use.
Major employers have significant opportunities to encourage
and facilitate reducing single-occupant vehicle commuting
by employees. In addition, the legislature also recognizes the
importance of increasing individual citizens' awareness of air
quality, energy consumption, and traffic congestion, and the
contribution individual actions can make towards addressing
these issues.
The intent of this chapter is to require local governments
in those counties experiencing the greatest automobilerelated air pollution and traffic congestion to develop and
implement plans to reduce single-occupant vehicle commute
trips. Such plans shall require major employers and employers at major worksites to implement programs to reduce single-occupant vehicle commuting by employees at major
worksites. Local governments in counties experiencing significant but less severe automobile-related air pollution and
traffic congestion may implement such plans. State agencies
shall implement programs to reduce single-occupant vehicle
commuting at all major worksites throughout the state. [1997
c 250 § 1; 1991 c 202 § 10.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.524
70.94.524 Transportation demand management—
Definitions. Unless the context clearly requires otherwise,
the definitions in this section apply throughout this chapter.
(1) "A major employer" means a private or public
employer that employs one hundred or more full-time
employees at a single worksite who begin their regular work
day between 6:00 a.m. and 9:00 a.m. on weekdays for at least
twelve continuous months during the year.
(2) "Major worksite" means a building or group of buildings that are on physically contiguous parcels of land or on
parcels separated solely by private or public roadways or
rights of way, and at which there are one hundred or more
full-time employees of one or more employers, who begin
their regular work day between 6:00 a.m. and 9:00 a.m. on
weekdays, for at least twelve continuous months.
(3) "Commute trip reduction zones" mean areas, such as
census tracts or combinations of census tracts, within a jurisdiction that are characterized by similar employment density,
population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of single occupancy vehicle commuting.
(4) "Commute trip" means trips made from a worker's
home to a worksite during the peak period of 6:00 a.m. to
9:00 a.m. on weekdays.
(5) "Proportion of single-occupant vehicle commute
trips" means the number of commute trips made by singleoccupant automobiles divided by the number of full-time
employees.
(6) "Commute trip vehicle miles traveled per employee"
means the sum of the individual vehicle commute trip lengths
(2004 Ed.)
Washington Clean Air Act
in miles over a set period divided by the number of full-time
employees during that period.
(7) "Base year" means the year January 1, 1992, through
December 31, 1992, on which goals for vehicle miles traveled and single-occupant vehicle trips shall be based. Base
year goals may be determined using the 1990 journey-towork census data projected to the year 1992 and shall be consistent with the growth management act. The task force shall
establish a method to be used by jurisdictions to determine
reductions of vehicle miles traveled. [1991 c 202 § 11.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.527
70.94.527 Transportation demand management—
Requirements for counties and cities. (1) Each county with
a population over one hundred fifty thousand, and each city
or town within those counties containing a major employer
shall, by October 1, 1992, adopt by ordinance and implement
a commute trip reduction plan for all major employers. The
plan shall be developed in cooperation with local transit
agencies, regional transportation planning organizations as
established in RCW 47.80.020, major employers, and the
owners of and employers at major worksites. The plan shall
be designed to achieve reductions in the proportion of singleoccupant vehicle commute trips and the commute trip vehicle
miles traveled per employee by employees of major public
and private sector employers in the jurisdiction.
(2) All other counties, and cities and towns in those
counties, may adopt and implement a commute trip reduction
plan.
(3) The department of ecology may, after consultation
with the department of transportation, as part of the state
implementation plan for areas that do not attain the national
ambient air quality standards for carbon monoxide or ozone,
require municipalities other than those identified in subsection (1) of this section to adopt and implement commute trip
reduction plans if the department determines that such plans
are necessary for attainment of said standards.
(4) A commute trip reduction plan shall be consistent
with the guidelines established under RCW 70.94.537 and
shall include but is not limited to (a) goals for reductions in
the proportion of single-occupant vehicle commute trips and
the commute trip vehicle miles traveled per employee; (b)
designation of commute trip reduction zones; (c) requirements for major public and private sector employers to
implement commute trip reduction programs; (d) a commute
trip reduction program for employees of the county, city, or
town; (e) a review of local parking policies and ordinances as
they relate to employers and major worksites and any revisions necessary to comply with commute trip reduction goals
and guidelines; (f) an appeals process by which major
employers, who as a result of special characteristics of their
business or its locations would be unable to meet the requirements of a commute trip reduction plan, may obtain waiver or
modification of those requirements; and (g) means for determining base year values of the proportion of single-occupant
vehicle commute trips and the commute trip vehicle miles
traveled per employee and progress toward meeting commute
trip reduction plan goals on an annual basis. Goals which are
established shall take into account existing transportation
demand management efforts which are made by major
(2004 Ed.)
70.94.527
employers. Each jurisdiction shall ensure that employers
shall receive full credit for the results of transportation
demand management efforts and commute trip reduction programs which have been implemented by major employers
prior to the base year. The goals for miles traveled per
employee for all major employers shall not be less than a fifteen percent reduction from the worksite base year value or
the base year value for the commute trip reduction zone in
which their worksite is located by January 1, 1995, twenty
percent reduction from the base year values by January 1,
1997, twenty-five percent reduction from the base year values by January 1, 1999, and a thirty-five percent reduction
from the base year values by January 1, 2005.
(5) A county, city, or town may, as part of its commute
trip reduction plan, require commute trip reduction programs
for employers with ten or more full time employees at major
worksites in federally designated nonattainment areas for carbon monoxide and ozone. The county, city or town shall
develop the programs in cooperation with affected employers
and provide technical assistance to the employers in implementing such programs.
(6) The commute trip reduction plans adopted by counties, cities, and towns under this chapter shall be consistent
with and may be incorporated in applicable state or regional
transportation plans and local comprehensive plans and shall
be coordinated, and consistent with, the commute trip reduction plans of counties, cities, or towns with which the county,
city, or town has, in part, common borders or related regional
issues. Such regional issues shall include assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in more than one jurisdiction. Counties, cities, or towns adopting commute trip
reduction plans may enter into agreements through the interlocal cooperation act or by resolution or ordinance as appropriate with other jurisdictions, local transit agencies, or
regional transportation planning organizations to coordinate
the development and implementation of such plans. Transit
agencies shall work with counties, cities, and towns to take
into account the location of major employer worksites when
planning transit service changes or the expansion of public
transportation services. Counties, cities, or towns adopting a
commute trip reduction plan shall review it annually and
revise it as necessary to be consistent with applicable plans
developed under RCW 36.70A.070.
(7) Each county, city, or town implementing a commute
trip reduction program shall, within thirty days submit a summary of its plan along with certification of adoption to the
commute trip reduction task force established under RCW
70.94.537.
(8) Each county, city, or town implementing a commute
trip reduction program shall submit an annual progress report
to the commute trip reduction task force established under
RCW 70.94.537. The report shall be due July 1, 1994, and
each July 1st thereafter through July 1, 2006. The report shall
describe progress in attaining the applicable commute trip
reduction goals for each commute trip reduction zone and
shall highlight any problems being encountered in achieving
the goals. The information shall be reported in a form established by the commute trip reduction task force.
(9) Any waivers or modifications of the requirements of
a commute trip reduction plan granted by a jurisdiction shall
[Title 70 RCW—page 197]
70.94.531
Title 70 RCW: Public Health and Safety
be submitted for review to the commute trip reduction task
force established under RCW 70.94.537. The commute trip
reduction task force may not deny the granting of a waiver or
modification of the requirements of a commute trip reduction
plan by a jurisdiction but they may notify the jurisdiction of
any comments or objections.
(10) Each county, city, or town implementing a commute
trip reduction program shall count commute trips eliminated
through work-at-home options or alternate work schedules as
one and two-tenths vehicle trips eliminated for the purpose of
meeting trip reduction goals.
(11) Each county, city, or town implementing a commute
trip reduction program shall ensure that employers that have
modified their employees' work schedules so that some or all
employees are not scheduled to arrive at work between 6:00
a.m. and 9:00 a.m. are provided credit when calculating single-occupancy vehicle use and vehicle miles traveled at that
worksite. This credit shall be awarded if implementation of
the schedule change was an identified element in that worksite's approved commute trip reduction program or if the
schedule change occurred because of impacts associated with
chapter 36.70A RCW, the growth management act.
(12) Plans implemented under this section shall not
apply to commute trips for seasonal agricultural employees.
(13) Plans implemented under this section shall not
apply to construction worksites when the expected duration
of the construction project is less than two years. [1997 c 250
§ 2; 1996 c 186 § 513; 1991 c 202 § 12.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.531
70.94.531 Transportation demand management—
Requirements for employers. (1) Not more than six months
after the adoption of the commute trip reduction plan by a
jurisdiction, each major employer in that jurisdiction shall
develop a commute trip reduction program and shall submit a
description of that program to the jurisdiction for review. The
program shall be implemented not more than six months after
submission to the jurisdiction.
(2) A commute trip reduction program shall consist of, at
a minimum (a) designation of a transportation coordinator
and the display of the name, location, and telephone number
of the coordinator in a prominent manner at each affected
worksite; (b) regular distribution of information to employees
regarding alternatives to single-occupant vehicle commuting;
(c) an annual review of employee commuting and reporting
of progress toward meeting the single-occupant vehicle
reduction goals to the county, city, or town consistent with
the method established in the commute trip reduction plan;
and (d) implementation of a set of measures designed to
achieve the applicable commute trip reduction goals adopted
by the jurisdiction. Such measures may include but are not
limited to:
(i) Provision of preferential parking or reduced parking
charges, or both, for high occupancy vehicles;
(ii) Instituting or increasing parking charges for singleoccupant vehicles;
(iii) Provision of commuter ride matching services to
facilitate employee ridesharing for commute trips;
[Title 70 RCW—page 198]
(iv) Provision of subsidies for transit fares;
(v) Provision of vans for van pools;
(vi) Provision of subsidies for car pooling or van pooling;
(vii) Permitting the use of the employer's vehicles for car
pooling or van pooling;
(viii) Permitting flexible work schedules to facilitate
employees' use of transit, car pools, or van pools;
(ix) Cooperation with transportation providers to provide
additional regular or express service to the worksite;
(x) Construction of special loading and unloading facilities for transit, car pool, and van pool users;
(xi) Provision of bicycle parking facilities, lockers,
changing areas, and showers for employees who bicycle or
walk to work;
(xii) Provision of a program of parking incentives such
as a rebate for employees who do not use the parking facility;
(xiii) Establishment of a program to permit employees to
work part or full time at home or at an alternative worksite
closer to their homes;
(xiv) Establishment of a program of alternative work
schedules such as compressed work week schedules which
reduce commuting; and
(xv) Implementation of other measures designed to facilitate the use of high-occupancy vehicles such as on-site day
care facilities and emergency taxi services.
(3) Employers or owners of worksites may form or utilize existing transportation management associations to assist
members in developing and implementing commute trip
reduction programs.
(4) Employers shall make a good faith effort towards
achievement of the goals identified in RCW 70.94.527(4)(g).
[1997 c 250 § 3; (1995 2nd sp.s. c 14 § 530 expired June 30,
1997); 1991 c 202 § 13.]
Expiration date—1995 2nd sp.s. c 14 §§ 511-523, 528-533: See note
following RCW 43.105.017.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.534
70.94.534 Transportation demand management—
Jurisdictions' review and penalties. (1) Each jurisdiction
implementing a commute trip reduction plan under this chapter or as part of a plan or ordinance developed under RCW
36.70A.070 shall review each employer's initial commute
trip reduction program to determine if the program is likely to
meet the applicable commute trip reduction goals. The
employer shall be notified by the jurisdiction of its findings.
If the jurisdiction finds that the program is not likely to meet
the applicable commute trip reduction goals, the jurisdiction
will work with the employer to modify the program as necessary. The jurisdiction shall complete review of each
employer's initial commute trip reduction program within
three months of receipt.
(2) Employers implementing commute trip reduction
programs are expected to undertake good faith efforts to
achieve the goals outlined in RCW 70.94.527(4). Employers
(2004 Ed.)
Washington Clean Air Act
are considered to be making a good faith effort if the following conditions have been met:
(a) The employer has met the minimum requirements
identified in RCW 70.94.531; and
(b) The employer is working collaboratively with its
jurisdiction to continue its existing program or is developing
and implementing program modifications likely to result in
improvements to the program over an agreed upon length of
time.
(3) Each jurisdiction shall annually review each
employer's progress and good faith efforts toward meeting
the applicable commute trip reduction goals. If an employer
makes a good faith effort, as defined in this section, but is not
likely to meet the applicable commute trip reduction goals,
the jurisdiction shall work collaboratively with the employer
to make modifications to the commute trip reduction program. Failure of an employer to reach the applicable commute trip reduction goals is not a violation of this chapter.
(4) If an employer fails to make a good faith effort and
fails to meet the applicable commute trip reduction goals, the
jurisdiction shall work collaboratively with the employer to
propose modifications to the program and shall direct the
employer to revise its program within thirty days to incorporate those modifications or modifications which the jurisdiction determines to be equivalent.
(5) Each jurisdiction implementing a commute trip
reduction plan pursuant to this chapter may impose civil penalties, in the manner provided in chapter 7.80 RCW, for failure by an employer to implement a commute trip reduction
program or to modify its commute trip reduction program as
required in subsection (4) of this section. No major employer
may be held liable for civil penalties for failure to reach the
applicable commute trip reduction goals. No major employer
shall be liable for civil penalties under this chapter if failure
to achieve a commute trip reduction program goal was the
result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the
issue was raised by the employer and pursued in good faith.
(6) Jurisdictions shall notify major employers of the procedures for applying for goal modification or exemption from
the commute trip reduction requirements based on the guidelines established by the commute trip reduction task force.
[1997 c 250 § 4; 1991 c 202 § 14.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.537
70.94.537 Transportation demand management—
Commute trip reduction task force. (1) A twenty-eight
member state commute trip reduction task force is established as follows:
(a) The secretary of the department of transportation or
the secretary's designee who shall serve as chair;
(b) The director of the department of ecology or the
director's designee;
(c) The director of the department of community, trade,
and economic development or the director's designee;
(d) The director of the department of general administration or the director's designee;
(e) Three representatives from counties appointed by the
governor from a list of at least six recommended by the
Washington state association of counties;
(2004 Ed.)
70.94.537
(f) Three representatives from cities and towns
appointed by the governor from a list of at least six recommended by the association of Washington cities;
(g) Three representatives from transit agencies appointed
by the governor from a list of at least six recommended by the
Washington state transit association;
(h) Twelve representatives of employers at or owners of
major worksites in Washington appointed by the governor
from a list recommended by the association of Washington
business or other statewide business associations representing major employers, provided that every affected county
shall have at least one representative; and
(i) Three citizens appointed by the governor.
Members of the commute trip reduction task force shall
serve without compensation but shall be reimbursed for
travel expenses as provided in RCW 43.03.050 and
43.03.060. Members appointed by the governor shall be compensated in accordance with RCW 43.03.220. The task force
has all powers necessary to carry out its duties as prescribed
by this chapter. The task force shall be dissolved on July 1,
2006.
(2) By March 1, 1992, the commute trip reduction task
force shall establish guidelines for commute trip reduction
plans. The guidelines are intended to ensure consistency in
commute trip reduction plans and goals among jurisdictions
while fairly taking into account differences in employment
and housing density, employer size, existing and anticipated
levels of transit service, special employer circumstances, and
other factors the task force determines to be relevant. The
guidelines shall include:
(a) Criteria for establishing commute trip reduction
zones;
(b) Methods and information requirements for determining base year values of the proportion of single-occupant
vehicle commute trips and the commute trip vehicle miles
traveled per employee and progress toward meeting commute
trip reduction plan goals;
(c) Model commute trip reduction ordinances;
(d) Methods for assuring consistency in the treatment of
employers who have worksites subject to the requirements of
this chapter in more than one jurisdiction;
(e) An appeals process by which major employers, who
as a result of special characteristics of their business or its
locations would be unable to meet the requirements of a commute trip reduction plan, may obtain a waiver or modification
of those requirements and criteria for determining eligibility
for waiver or modification;
(f) Methods to ensure that employers shall receive full
credit for the results of transportation demand management
efforts and commute trip reduction programs which have
been implemented by major employers prior to the base year;
(g) Alternative commute trip reduction goals for major
employers which cannot meet the goals of this chapter
because of the unique nature of their business;
(h) Alternative commute trip reduction goals for major
employers whose worksites change and who contribute substantially to traffic congestion in a trip reduction zone; and
(i) Methods to insure that employers receive credit for
scheduling changes enacted pursuant to the criteria identified
in RCW 70.94.527(11).
[Title 70 RCW—page 199]
70.94.541
Title 70 RCW: Public Health and Safety
(3) The task force shall work with jurisdictions, major
employers, and other parties to develop and implement a public awareness campaign designed to increase the effectiveness of local commute trip reduction programs and support
achievement of the objectives identified in this chapter.
(4) The task force shall assess the commute trip reduction options available to employers other than major employers and make recommendations to the legislature by October
1, 1992. The recommendations shall include the minimum
size of employer who shall be required to implement trip
reduction programs and the appropriate methods those
employers can use to accomplish trip reduction goals.
(5) The task force shall review progress toward implementing commute trip reduction plans and programs and the
costs and benefits of commute trip reduction plans and programs and shall make recommendations to the legislature by
December 1, 1995, December 1, 1999, December 1, 2001,
December 1, 2003, and December 1, 2005. In assessing the
costs and benefits, the task force shall consider the costs of
not having implemented commute trip reduction plans and
programs. The task force shall examine other transportation
demand management programs nationally and incorporate its
findings into its recommendations to the legislature. The recommendations shall address the need for continuation, modification, or termination or any or all requirements of this
chapter. The recommendations made December 1, 1995,
shall include recommendations regarding extension of the
requirements of this chapter to employers with fifty or more
full-time employees at a single worksite who begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays
for more than twelve continuous months. [1997 c 250 § 5;
1996 c 186 § 514; 1995 c 399 § 188; 1991 c 202 § 15.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
Commute trip reduction incentives: RCW 82.67.050.
shall be developed in cooperation with representatives of
local governments, transit agencies, and employers.
(3) In carrying out this section the department of transportation may contract with statewide associations representing cities, towns, and counties to assist cities, towns, and
counties in implementing commute trip reduction plans and
programs. [1996 c 186 § 515; 1991 c 202 § 16.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.544
70.94.544 Transportation demand management—
Use of funds. A portion of the funds made available for the
purposes of this chapter shall be used to fund the commute
trip reduction task force in carrying out the responsibilities of
RCW 70.94.541, and the interagency technical assistance
team, including the activities authorized under RCW
70.94.541(2), and to assist counties, cities, and towns implementing commute trip reduction plans. [2001 c 74 § 1; 1991
c 202 § 17.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.547
70.94.547 Transportation demand management—
Intent—State leadership. The legislature hereby recognizes the state's crucial leadership role in establishing and
implementing effective commute trip reduction programs.
Therefore, it is the policy of the state that the department of
general administration and other state agencies shall aggressively develop substantive programs to reduce commute trips
by state employees. Implementation of these programs will
reduce energy consumption, congestion in urban areas, and
air and water pollution associated with automobile travel.
[1991 c 202 § 18.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.551
70.94.541
70.94.541 Transportation demand management—
Technical assistance team. (1) A technical assistance team
shall be established under the direction of the department of
transportation and include representatives of the department
of ecology. The team shall provide staff support to the commute trip reduction task force in carrying out the requirements of RCW 70.94.537 and to the department of general
administration in carrying out the requirements of RCW
70.94.551.
(2) The team shall provide technical assistance to counties, cities, and towns, the department of general administration, other state agencies, and other employers in developing
and implementing commute trip reduction plans and programs. The technical assistance shall include: (a) Guidance
in determining base and subsequent year values of singleoccupant vehicle commuting proportion and commute trip
reduction vehicle miles traveled to be used in determining
progress in attaining plan goals; (b) developing model plans
and programs appropriate to different situations; and (c) providing consistent training and informational materials for the
implementation of commute trip reduction programs. Model
plans and programs, training and informational materials
[Title 70 RCW—page 200]
70.94.551 Transportation demand management—
State agency plan. (1) The director of general administration, with the concurrence of an interagency task force established for the purposes of this section, shall coordinate a commute trip reduction plan for state agencies which are phase 1
major employers by January 1, 1993. The task force shall
include representatives of the departments of transportation
and ecology and such other departments as the director of
general administration determines to be necessary to be generally representative of state agencies. The state agency plan
shall be consistent with the requirements of RCW 70.94.527
and 70.94.531 and shall be developed in consultation with
state employees, local and regional governments, local transit
agencies, the business community, and other interested
groups. The plan shall consider and recommend policies
applicable to all state agencies including but not limited to
policies regarding parking and parking charges, employee
incentives for commuting by other than single-occupant automobiles, flexible and alternative work schedules, alternative
worksites, and the use of state-owned vehicles for car and van
pools. The plan shall also consider the costs and benefits to
state agencies of achieving commute trip reductions and consider mechanisms for funding state agency commute trip
(2004 Ed.)
Washington Clean Air Act
reduction programs. The department shall, within thirty days,
submit a summary of its plan along with certification of adoption to the commute trip reduction task force established
under RCW 70.94.537.
(2) Not more than three months after the adoption of the
commute trip reduction plan, each state agency shall, for each
facility which is a major employer, develop a commute trip
reduction program. The program shall be designed to meet
the goals of the commute trip reduction plan of the county,
city, or town or, if there is no local commute trip reduction
plan, the state. The program shall be consistent with the policies of the state commute trip reduction plan and RCW
70.94.531. The agency shall submit a description of that program to the local jurisdiction implementing a commute trip
reduction plan or, if there is no local commute trip reduction
plan, to the department of general administration. The program shall be implemented not more than three months after
submission to the department. Annual reports required in
RCW 70.94.531(2)(c) shall be submitted to the local jurisdiction implementing a commute trip reduction plan and to the
department of general administration. An agency which is not
meeting the applicable commute trip reduction goals shall, to
the extent possible, modify its program to comply with the
recommendations of the local jurisdiction or the department
of general administration.
(3) State agencies sharing a common location may
develop and implement a joint commute trip reduction program or may delegate the development and implementation
of the commute trip reduction program to the department of
general administration.
(4) The department of general administration in consultation with the state technical assistance team shall review the
initial commute trip reduction program of each state agency
subject to the commute trip reduction plan for state agencies
to determine if the program is likely to meet the applicable
commute trip reduction goals and notify the agency of any
deficiencies. If it is found that the program is not likely to
meet the applicable commute trip reduction goals, the team
will work with the agency to modify the program as necessary.
(5) For each agency subject to the state agency commute
trip reduction plan, the department of general administration
in consultation with the technical assistance team shall annually review progress toward meeting the applicable commute
trip reduction goals. If it appears an agency is not meeting or
is not likely to meet the applicable commute trip reduction
goals, the team shall work with the agency to make modifications to the commute trip reduction program.
(6) The department of general administration shall submit an annual progress report for state agencies subject to the
state agency commute trip reduction plan to the commute trip
reduction task force established under RCW 70.94.537. The
report shall be due April 1, 1993, and each April 1st through
2006. The report shall report progress in attaining the applicable commute trip reduction goals for each commute trip
reduction zone and shall highlight any problems being
encountered in achieving the goals. The information shall be
reported in a form established by the commute trip reduction
task force. [1997 c 250 § 6; 1996 c 186 § 516; 1991 c 202 §
19.]
(2004 Ed.)
70.94.630
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
State vehicle parking account: RCW 43.01.225.
70.94.600
70.94.600 Reports of authorities to department of
ecology—Contents. All authorities in the state shall submit
quarterly reports to the department of ecology detailing the
current status of air pollution control regulations in the
authority and, by county, the progress made toward bringing
all sources in the authority into compliance with authority
standards. [1979 ex.s. c 30 § 14; 1969 ex.s. c 168 § 52.]
70.94.610 Burning used oil fuel in land-based facilities. (1) Except as provided in subsection (2) of this section,
a person may not burn used oil as fuel in a land-based facility
or in state waters unless the used oil meets the following standards:
(a) Cadmium: 2 ppm maximum
(b) Chromium: 10 ppm maximum
(c) Lead: 100 ppm maximum
(d) Arsenic: 5 ppm maximum
(e) Total halogens: 1000 ppm maximum
(f) Polychlorinated biphenyls: 2 ppm maximum
(g) Ash: .1 percent maximum
(h) Sulfur: 1.0 percent maximum
(i) Flash point: 100 degrees Fahrenheit minimum.
(2) This section shall not apply to: (a) Used oil burned in
space heaters if the space heater has a maximum heat output
of not greater than 0.5 million btu's per hour or used oil
burned in facilities permitted by the department or a local air
pollution control authority; or (b) ocean-going vessels.
(3) This section shall not apply to persons in the business
of collecting used oil from residences when under authorization by a city, county, or the utilities and transportation commission. [1991 c 319 § 311.]
70.94.610
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
70.94.620 Metals mining and milling operations permits—Inspections by department of ecology. If a metals
mining and milling operation is issued a permit pursuant to
this chapter, then it will be subject to special inspection
requirements. The department of ecology shall inspect these
mining operations at least quarterly in order to ensure that the
operation is in compliance with the conditions of any permit
issued to it pursuant to this chapter. The department shall
conduct additional inspections during the construction phase
of the mining and milling operation in order to ensure compliance with this chapter. [1994 c 232 § 18.]
70.94.620
Severability—1994 c 232: See RCW 78.56.900.
Effective date—1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902.
70.94.630 Sulfur dioxide abatement account—Coalfired thermal electric generation facilities—Application—Determination and assessment of progress—Certification of pollution level—Reimbursement—Time limit
for and extension of account. (1) The sulfur dioxide abatement account is created. All receipts from subsection (2) of
this section must be deposited in the account. Expenditures in
70.94.630
[Title 70 RCW—page 201]
70.94.640
Title 70 RCW: Public Health and Safety
the account may be used only for the purposes of subsection
(3) of this section. Only the director of revenue or the director's designee may authorize expenditures from the account.
The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
(2) Upon application by the owners of a generation facility, the department of ecology shall make a determination of
whether the owners are making initial progress in the construction of air pollution control facilities. Evidence of initial
progress may include, but is not limited to, engineering work,
agreements to proceed with construction, contracts to purchase, or contracts for construction of air pollution control
facilities. However, if the owners' progress is impeded due to
actions caused by regulatory delays or by defensive litigation,
certification of initial progress may not be withheld.
Upon certification of initial progress by the department
of ecology and after January 1, 1999, an amount equal to all
sales and use taxes paid under chapters 82.08, 82.12, and
82.14 RCW, that were obtained from the sales of coal to, or
use of coal by, a business for use at a generation facility shall
be deposited in the account under RCW 82.32.392.
By June 1st of each year during construction of the air
pollution control facilities and during the verification period
required in RCW 82.08.811(2)(d) and 82.12.811(2)(d), the
department of ecology shall make an assessment regarding
the continued progress of the pollution control facilities. Evidence of continued progress may include, but is not limited
to, acquisition of construction material, visible progress on
construction, or other actions that have occurred that would
verify progress under general construction time tables. The
treasurer shall continue to deposit an amount equal to the tax
revenues to the sulfur dioxide abatement account unless the
department of ecology fails to certify that reasonable
progress has been made during the previous year. The operator of a generation facility shall file documentation accompanying its combined monthly excise tax return that identifies
all sales and use tax payments made by the owners for coal
used at the generation facility during the reporting period.
(3) When a generation facility emits no more than ten
thousand tons of sulfur dioxide during a consecutive twelvemonth period, the department of ecology shall certify this to
the department of revenue and the state treasurer by the end
of the following month. Within thirty days of receipt of certification under this subsection, the department of revenue
shall approve the tax exemption application and the director
or the director's designee shall authorize the release of any
moneys in the sulfur dioxide abatement account to the operator of the generation facility. The operator shall disburse the
payment among the owners of record according to the terms
of their contractual agreement.
(4)(a) If the department of revenue has not approved a
tax exemption under RCW 82.08.811 and 82.12.811 by
March 1, 2005, any moneys in the sulfur dioxide abatement
account shall be transferred to the general fund and the appropriate local governments in accordance with chapter 82.14
RCW, and the sulfur dioxide abatement account shall cease
to exist after March 1, 2005.
(b) The dates in (a) of this subsection must be extended
if the owners of a generation facility have experienced difficulties in complying with this section, or RCW 82.08.811,
[Title 70 RCW—page 202]
*82.08.812, 82.12.811, *82.12.812, and 82.32.392, due to
actions caused by regulatory delays or by defensive litigation.
(5) For the purposes of this section:
(a) "Air pollution control facilities" means any treatment
works, control devices and disposal systems, machinery,
equipment, structure, property, property improvements and
accessories, that are installed or acquired for the primary purpose of reducing, controlling, or disposing of industrial waste
that, if released to the outdoor atmosphere, could cause air
pollution, or that are required to meet regulatory requirements applicable to their construction, installation, or operation; and
(b) "Generation facility" means a coal-fired thermal electric generation facility placed in operation after December 3,
1969, and before July 1, 1975. [1997 c 368 § 10.]
*Reviser's note: RCW 82.08.812 and 82.12.812 were repealed by 2000
c 4 § 1.
Findings—Intent—Rules adoption—Severability—Effective date—
1997 c 368: See notes following RCW 82.08.810.
70.94.640
70.94.640 Odors caused by agricultural activities
consistent with good agricultural practices exempt from
chapter. (1) Odors caused by agricultural activity consistent
with good agricultural practices on agricultural land are
exempt from the requirements of this chapter unless they
have a substantial adverse effect on public health. In determining whether agricultural activity is consistent with good
agricultural practices, the department of ecology or board of
any authority shall consult with a recognized third-party
expert in the activity prior to issuing any notice of violation.
(2) Any notice of violation issued under this chapter pertaining to odors caused by agricultural activity shall include a
statement as to why the activity is inconsistent with good
agricultural practices, or a statement that the odors have substantial adverse effect on public health.
(3) In any appeal to the pollution control hearings board
or any judicial appeal, the agency issuing a final order pertaining to odors caused by agricultural activity shall prove the
activity is inconsistent with good agricultural practices or that
the odors have a substantial adverse impact on public health.
(4) If a person engaged in agricultural activity on a contiguous piece of agricultural land sells or has sold a portion of
that land for residential purposes, the exemption of this section shall not apply.
(5) As used in this section:
(a) "Agricultural activity" means the growing, raising, or
production of horticultural or viticultural crops, berries, poultry, livestock, grain, mint, hay, and dairy products.
(b) "Good agricultural practices" means economically
feasible practices which are customary among or appropriate
to farms and ranches of a similar nature in the local area.
(c) "Agricultural land" means at least five acres of land
devoted primarily to the commercial production of livestock
or agricultural commodities. [1981 c 297 § 30.]
Legislative finding, intent—1981 c 297: "The legislature finds that
agricultural land is essential to providing citizens with food and fiber and to
insuring aesthetic values through the preservation of open spaces in our state.
The legislature further finds that government regulations can cause agricultural land to be converted to nonagricultural uses. The legislature intends that
agricultural activity consistent with good practices be protected from government over-regulation." [1981 c 297 § 29.]
(2004 Ed.)
Washington Clean Air Act
Reviser's note: The above legislative finding and intent section apparently applies to sections 30 and 31 of chapter 297, Laws of 1981, which sections have been codified pursuant to legislative direction as RCW 70.94.640
and 90.48.450, respectively.
Severability—1981 c 297: See note following RCW 15.36.201.
70.94.645
70.94.645 Ammonia emissions from use as agricultural or silvicultural fertilizer—Regulation prohibited.
The department shall not regulate ammonia emissions resulting from the storage, distribution, transport, or application of
ammonia for use as an agricultural or silvicultural fertilizer.
[1996 c 204 § 2.]
70.94.650
70.94.650 Burning permits for weed abatement, fire
fighting instruction, or agriculture activities—Issuance—
Agricultural burning practices and research task force—
Exemption for aircraft crash fire rescue training activities. (1) Any person who proposes to set fires in the course
of:
(a) Weed abatement;
(b) Instruction in methods of fire fighting, except training to fight structural fires as provided in RCW 52.12.150 or
training to fight aircraft crash rescue fires as provided in subsection (5) of this section, and except forest fire training; or
(c) Agricultural activities,
shall obtain a permit from an air pollution control authority,
the department of ecology, or a local entity delegated permitting authority under RCW 70.94.654. General permit criteria
of statewide applicability shall be established by the department, by rule, after consultation with the various air pollution
control authorities. Permits shall be issued under this section
based on seasonal operations or by individual operations, or
both. All permits shall be conditioned to insure that the public
interest in air, water, and land pollution and safety to life and
property is fully considered. In addition to any other requirements established by the department to protect air quality
pursuant to other laws, applicants for permits must show that
the setting of fires as requested is the most reasonable procedure to follow in safeguarding life or property under all circumstances or is otherwise reasonably necessary to successfully carry out the enterprise in which the applicant is
engaged, or both. All burning permits will be designed to
minimize air pollution insofar as practical. Nothing in this
section shall relieve the applicant from obtaining permits,
licenses, or other approvals required by any other law. An
application for a permit to set fires in the course of agricultural burning for controlling diseases, insects, weed abatement or development of physiological conditions conducive
to increased crop yield, shall be acted upon within seven days
from the date such application is filed. The department of
ecology and local air authorities shall provide convenient
methods for issuance and oversight of agricultural burning
permits. The department and local air authorities shall,
through agreement, work with counties and cities to provide
convenient methods for granting permission for agricultural
burning, including telephone, facsimile transmission, issuance from local city or county offices, or other methods. A
local air authority administering the permit program under
this subsection (1)(c) shall not limit the number of days of
allowable agricultural burning, but may consider the time of
year, meteorological conditions, and other criteria specified
(2004 Ed.)
70.94.650
in rules adopted by the department to implement this subsection (1)(c).
(2) Permit fees shall be assessed for burning under this
section and shall be collected by the department of ecology,
the appropriate local air authority, or a local entity delegated
permitting authority pursuant to RCW 70.94.654 at the time
the permit is issued. All fees collected shall be deposited in
the air pollution control account created in RCW 70.94.015,
except for that portion of the fee necessary to cover local
costs of administering a permit issued under this section. Fees
shall be set by rule by the permitting agency at the level determined by the task force created by subsection (4) of this section, but shall not exceed two dollars and fifty cents per acre
to be burned. After fees are established by rule, any increases
in such fees shall be limited to annual inflation adjustments as
determined by the state office of the economic and revenue
forecast council.
(3) Conservation districts and the Washington State University agricultural extension program in conjunction with
the department shall develop public education material for
the agricultural community identifying the health and environmental effects of agricultural outdoor burning and providing technical assistance in alternatives to agricultural outdoor
burning.
(4) An agricultural burning practices and research task
force shall be established under the direction of the department. The task force shall be composed of a representative
from the department who shall serve as chair; one representative of eastern Washington local air authorities; three representatives of the agricultural community from different agricultural pursuits; one representative of the department of
agriculture; two representatives from universities or colleges
knowledgeable in agricultural issues; one representative of
the public health or medical community; and one representative of the conservation districts. The task force shall identify
best management practices for reducing air contaminant
emissions from agricultural activities and provide such information to the department and local air authorities. The task
force shall determine the level of fees to be assessed by the
permitting agency pursuant to subsection (2) of this section,
based upon the level necessary to cover the costs of administering and enforcing the permit programs, to provide funds
for research into alternative methods to reduce emissions
from such burning, and to the extent possible be consistent
with fees charged for such burning permits in neighboring
states. The fee level shall provide, to the extent possible, for
lesser fees for permittees who use best management practices
to minimize air contaminant emissions. The task force shall
identify research needs related to minimizing emissions from
agricultural burning and alternatives to such burning. Further,
the task force shall make recommendations to the department
on priorities for spending funds provided through this chapter
for research into alternative methods to reduce emissions
from agricultural burning.
(5) A permit is not required under this section, or under
RCW 70.94.743 through 70.94.780, from an air pollution
control authority, the department, or any local entity with delegated permit authority, for aircraft crash rescue fire training
activities meeting the following conditions:
(a) Fire fighters participating in the training fires must be
limited to those who provide fire fighting support to an air[Title 70 RCW—page 203]
70.94.651
Title 70 RCW: Public Health and Safety
port that is either certified by the federal aviation administration or operated in support of military or governmental activities;
(b) The fire training may not be conducted during an air
pollution episode or any stage of impaired air quality
declared under RCW 70.94.715 for the area where training is
to be conducted;
(c) The number of training fires allowed per year without
a permit shall be the minimum number necessary to meet federal aviation administration or other federal safety requirements;
(d) The facility shall use current technology and be operated in a manner that will minimize, to the extent possible,
the air contaminants generated during operation; and
(e) Prior to the commencement of the aircraft fire training, the organization conducting training shall notify both
the: (i) Local fire district or fire department; and (ii) air pollution control authority, department of ecology, or local
entity delegated permitting authority under RCW 70.94.654,
having jurisdiction within the area where training is to be
conducted.
Written approval from the department or a local air pollution control authority shall be obtained prior to the initial
operation of aircraft crash rescue fire training. Such approval
will be granted to fire training activities meeting the conditions in this subsection.
(6) Aircraft crash rescue fire training activities conducted in compliance with *this subsection are not subject to
the prohibition, in RCW 70.94.775(1), of outdoor fires containing petroleum products and are not considered outdoor
burning under RCW 70.94.743 through 70.94.780.
(7) To provide for fire fighting instruction in instances
not governed by subsection (6) of this section, or other
actions to protect public health and safety, the department or
a local air pollution control authority may issue permits that
allow limited burning of prohibited materials listed in RCW
70.94.775(1). [1998 c 43 § 1. Prior: 1995 c 362 § 1; 1995 c
58 § 1; 1994 c 28 § 2; 1993 c 353 § 1; 1991 c 199 § 408; 1971
ex.s. c 232 § 1.]
*Reviser's note: The reference to "this subsection" appears to be erroneous, and should instead refer to subsection (5) of this section.
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.651
70.94.651 Burning permits for regeneration of rare
and endangered plants; Indian ceremonies. Nothing contained in this chapter shall prohibit fires necessary: (1) To
promote the regeneration of rare and endangered plants found
within natural area preserves as identified under chapter
79.70 RCW; and (2) for Indian ceremonies or for the sending
of smoke signals if part of a religious ritual. Permits issued
for burning under this section shall be drafted to minimize
emissions including denial of permission to burn during periods of adverse meteorological conditions. [1991 c 199 §
407.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.654
70.94.654 Delegation of permit issuance and enforcement to political subdivisions. Whenever an air pollution
control authority, or the department of ecology for areas outside the jurisdictional boundaries of an activated air pollution
[Title 70 RCW—page 204]
control authority, shall find that any fire protection agency,
county, or conservation district is capable of effectively
administering the issuance and enforcement of permits for
any or all of the kinds of burning identified in RCW
70.94.650 and desirous of doing so, the authority or the
department of ecology, as appropriate, may delegate powers
necessary for the issuance or enforcement, or both, of permits
for any or all of the kinds of burning to the fire protection
agency, county, or conservation district. Such delegation may
be withdrawn by the authority or the department of ecology
upon finding that the fire protection agency, county, or conservation district is not effectively administering the permit
program. [1993 c 353 § 2; 1991 c 199 § 409; 1973 1st ex.s. c
193 § 6.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.656
70.94.656 Open burning of grasses grown for seed—
Alternatives—Studies—Deposit of permit fees in special
grass seed burning account—Procedures—Limitations—
Report. It is hereby declared to be the policy of this state that
strong efforts should be made to minimize adverse effects on
air quality from the open burning of field and turf grasses
grown for seed. To such end this section is intended to promote the development of economical and practical alternate
agricultural practices to such burning, and to provide for
interim regulation of such burning until practical alternates
are found.
(1) The department shall approve of a study or studies
for the exploration and identification of economical and practical alternate agricultural practices to the open burning of
field and turf grasses grown for seed. Any study conducted
pursuant to this section shall be conducted by Washington
State University. The university may not charge more than
eight percent for administrative overhead. Prior to the issuance of any permit for such burning under RCW 70.94.650,
there shall be collected a fee not to exceed one dollar per acre
of crop to be burned. Any such fees received by any authority
shall be transferred to the department of ecology. The department of ecology shall deposit all such acreage fees in a special grass seed burning research account, hereby created, in
the state treasury.
(2) The department shall allocate moneys annually from
this account for the support of any approved study or studies
as provided for in subsection (1) of this section. Whenever
the department of ecology shall conclude that sufficient reasonably available alternates to open burning have been developed, and at such time as all costs of any studies have been
paid, the grass seed burning research account shall be dissolved, and any money remaining therein shall revert to the
general fund. The fee collected under subsection (1) of this
section shall constitute the research portion of fees required
under RCW 70.94.650 for open burning of grass grown for
seed.
(3) Whenever on the basis of information available to it,
the department after public hearings have been conducted
wherein testimony will be received and considered from
interested parties wishing to testify shall conclude that any
procedure, program, technique, or device constitutes a practical alternate agricultural practice to the open burning of field
or turf grasses grown for seed, the department shall, by order,
(2004 Ed.)
Washington Clean Air Act
certify approval of such alternate. Thereafter, in any case
which any such approved alternate is reasonably available,
the open burning of field and turf grasses grown for seed shall
be disallowed and no permit shall issue therefor.
(4) Until approved alternates become available, the
department or the authority may limit the number of acres on
a pro rata basis among those affected for which permits to
burn will be issued in order to effectively control emissions
from this source.
(5) Permits issued for burning of field and turf grasses
may be conditioned to minimize emissions insofar as practical, including denial of permission to burn during periods of
adverse meteorological conditions.
(6) By November 1, 1996, and every two years thereafter
until grass seed burning is prohibited, Washington State University may prepare a brief report assessing the potential of
the university's research to result in economical and practical
alternatives to grass seed burning. [1998 c 245 § 130; 1995 c
261 § 1; 1991 sp.s. c 13 § 28; 1991 c 199 § 413; 1990 c 113 §
1; 1985 c 57 § 69; 1973 1st ex.s. c 193 § 7.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Finding—1991 c 199: See note following RCW 70.94.011.
Effective date—1985 c 57: See note following RCW 18.04.105.
Grass burning research advisory committee: Chapter 43.21E RCW.
70.94.660
70.94.660 Burning permits for abating or prevention
of forest fire hazards, management of ecosystems,
instruction or silvicultural operations—Issuance. (1) The
department of natural resources shall have the responsibility
for issuing and regulating burning permits required by it
relating to the following activities for the protection of life or
property and/or for the public health, safety, and welfare:
(a) Abating a forest fire hazard;
(b) Prevention of a fire hazard;
(c) Instruction of public officials in methods of forest fire
fighting;
(d) Any silvicultural operation to improve the forest
lands of the state; and
(e) Silvicultural burning used to improve or maintain fire
dependent ecosystems for rare plants or animals within state,
federal, and private natural area preserves, natural resource
conservation areas, parks, and other wildlife areas.
(2) The department of natural resources shall not retain
such authority, but it shall be the responsibility of the appropriate fire protection agency for permitting and regulating
outdoor burning on lands where the department of natural
resources does not have fire protection responsibility.
(3) Permit fees shall be assessed for silvicultural burning
under the jurisdiction of the department of natural resources
and collected by the department of natural resources as provided for in this section. All fees shall be deposited in the air
pollution control account, created in RCW 70.94.015. The
legislature shall appropriate to the department of natural
resources funds from the air pollution control account to
enforce and administer the program under RCW 70.94.665
and 70.94.660, 70.94.670, and 70.94.690. Fees shall be set by
rule by the department of natural resources at the level necessary to cover the costs of the program after receiving recommendations on such fees from the public and the forest fire
(2004 Ed.)
70.94.665
advisory board established by RCW 76.04.145. [1991 c 199
§ 404; 1971 ex.s. c 232 § 2.]
Finding—1991 c 199: See note following RCW 70.94.011.
Burning permits, issuance, air pollution a factor: RCW 76.04.205.
Disposal of forest debris: RCW 76.04.650.
70.94.665
70.94.665 Silvicultural forest burning—Reduce
statewide emissions—Exemption—Monitoring program. (1) The department of natural resources shall administer a program to reduce statewide emissions from silvicultural forest burning so as to achieve the following minimum
objectives:
(a) Twenty percent reduction by December 31, 1994 providing a ceiling for emissions until December 31, 2000; and
(b) Fifty percent reduction by December 31, 2000 providing a ceiling for emissions thereafter.
Reductions shall be calculated from the average annual
emissions level from calendar years 1985 to 1989, using the
same methodology for both reduction and base year calculations.
(2) The department of natural resources, within twelve
months after May 15, 1991, shall develop a plan, based upon
the existing smoke management agreement to carry out the
programs as described in this section in the most efficient,
cost-effective manner possible. The plan shall be developed
in consultation with the department of ecology, public and
private landowners engaged in silvicultural forest burning,
and representatives of the public.
The plan shall recognize the variations in silvicultural
forest burning including, but not limited to, a landowner's
responsibility to abate an extreme fire hazard under chapter
76.04 RCW and other objectives of burning, including abating and preventing a fire hazard, geographic region, climate,
elevation and slope, proximity to populated areas, and diversity of land ownership. The plan shall establish priorities that
the department of natural resources shall use to allocate
allowable emissions, including but not limited to, silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and
private natural area preserves, natural resource conservation
areas, parks, and other wildlife areas. The plan shall also recognize the real costs of the emissions program and recommend equitable fees to cover the costs of the program.
The emission reductions in this section are to apply to all
forest lands including those owned and managed by the
United States. If the United States does not participate in
implementing the plan, the departments of natural resources
and ecology shall use all appropriate and available methods
or enforcement powers to ensure participation.
The plan shall include a tracking system designed to
measure the degree of progress toward the emission reductions goals set in this section. The department of natural
resources shall report annually to the department of ecology
and the legislature on the status of the plan, emission reductions and progress toward meeting the objectives specified in
this section, and the goals of this chapter and chapter 76.04
RCW.
(3) If the December 31, 1994, emission reductions targets in this section are not met, the department of natural
resources, in consultation with the department of ecology,
[Title 70 RCW—page 205]
70.94.670
Title 70 RCW: Public Health and Safety
shall use its authority granted in this chapter and chapter
76.04 RCW to immediately limit emissions from such burning to the 1994 target levels and limit silvicultural forest
burning in subsequent years to achieve equal annual incremental reductions so as to achieve the December 31, 2000,
target level. If, as a result of the program established in this
section, the emission reductions are met in 1994, but are not
met by December 31, 2000, the department of natural
resources in consultation with the department of ecology
shall immediately limit silvicultural forest burning to reduce
emissions from such burning to the December 31, 2000, target level in all subsequent years.
(4) Emissions from silvicultural burning in eastern
Washington that is conducted for the purpose of restoring
forest health or preventing the additional deterioration of forest health are exempt from the reduction targets and calculations in this section if the following conditions are met:
(a) The landowner submits a written request to the
department identifying the location of the proposed burning
and the nature of the forest health problem to be corrected.
The request shall include a brief description of alternatives to
silvicultural burning and reasons why the landowner believes
the alternatives not to be appropriate.
(b) The department determines that the proposed silvicultural burning operation is being conducted to restore forest
health or prevent additional deterioration to forest health;
meets the requirements of the state smoke management plan
to protect public health, visibility, and the environment; and
will not be conducted during an air pollution episode or during periods of impaired air quality in the vicinity of the proposed burn.
(c) Upon approval of the request by the department and
before burning, the landowner is encouraged to notify the
public in the vicinity of the burn of the general location and
approximate time of ignition.
(5) The department of ecology may conduct a limited,
seasonal ambient air quality monitoring program to measure
the effects of forest health burning conducted under subsection (4) of this section. The monitoring program may be
developed in consultation with the department of natural
resources, private and public forest landowners, academic
experts in forest health issues, and the general public. [1995
c 143 § 1; 1991 c 199 § 403.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.670
70.94.670 Burning permits for abating or prevention
of forest fire hazards, management of ecosystems,
instruction or silvicultural operations—Conditions for
issuance and use of permits—Air quality standards to be
met—Alternate methods to lessen forest debris. The
department of natural resources in granting burning permits
for fires for the purposes set forth in RCW 70.94.660 shall
condition the issuance and use of such permits to comply
with air quality standards established by the department of
ecology after full consultation with the department of natural
resources. Such burning shall not cause the state air quality
standards to be exceeded in the ambient air up to two thousand feet above ground level over critical areas designated by
the department of ecology, otherwise subject to air pollution
from other sources. Air quality standards shall be established
[Title 70 RCW—page 206]
and published by the department of ecology which shall also
establish a procedure for advising the department of natural
resources when and where air contaminant levels exceed or
threaten to exceed the ambient air standards over such critical
areas. The air quality shall be quantitatively measured by the
department of ecology or the appropriate local air pollution
control authority at established monitoring stations over such
designated areas. Further, such permitted burning shall not
cause damage to public health or the environment. All permits issued under this section shall be subject to all applicable
fees, permitting, penalty, and enforcement provisions of this
chapter. The department of natural resources shall set forth
smoke dispersal objectives designed consistent with this section to minimize any air pollution from such burning and the
procedures necessary to meet those objectives.
The department of natural resources shall encourage
more intense utilization in logging and alternative silviculture
practices to reduce the need for burning. The department of
natural resources shall, whenever practical, encourage landowners to develop and use alternative acceptable disposal
methods subject to the following priorities: (1) Slash production minimization, (2) slash utilization, (3) nonburning disposal, (4) silvicultural burning. Such alternative methods
shall be evaluated as to the relative impact on air, water, and
land pollution, public health, and their financial feasibility.
The department of natural resources shall not issue burning permits and shall revoke previously issued permits at any
time in any area where the department of ecology or local
board has declared a stage of impaired air quality as defined
in RCW 70.94.473. [1991 c 199 § 405; 1971 ex.s. c 232 § 3.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.690
70.94.690 Cooperation between department of natural resources and state, local, or regional air pollution
authorities—Withholding of permits. In the regulation of
outdoor burning not included in RCW 70.94.660 requiring
permits from the department of natural resources, said department and the state, local, or regional air pollution control
authorities will cooperate in regulating such burning so as to
minimize insofar as possible duplicate inspections and separate permits while still accomplishing the objectives and
responsibilities of the respective agencies. The department of
natural resources shall include any local authority's burning
regulations with permits issued where applicable pursuant to
RCW *70.94.740 through 70.94.775. The department shall
develop agreements with all local authorities to coordinate
regulations.
Permits shall be withheld by the department of natural
resources when so requested by the department of ecology if
a forecast, alert, warning, or emergency condition exists as
defined in the episode criteria of the department of ecology.
[1991 c 199 § 406; 1971 ex.s. c 232 § 5.]
*Reviser's note: RCW 70.94.740 was repealed by 1991 c 199 § 718.
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.700
70.94.700 Rules and regulations. The department of
natural resources and the department of ecology may adopt
rules and regulations necessary to implement their respective
responsibilities under the provisions of RCW 70.94.650
through 70.94.700. [1971 ex.s. c 232 § 6.]
(2004 Ed.)
Washington Clean Air Act
70.94.710
70.94.710 Air pollution episodes—Legislative finding—Declaration of policy. The legislature finds that whenever meteorological conditions occur which reduce the effective volume of air into which air contaminants are introduced,
there is a high danger that normal operations at air contaminant sources in the area affected will be detrimental to public
health or safety. Whenever such conditions, herein denominated as air pollution episodes, are forecast, there is a need
for rapid short-term emission reduction in order to avoid
adverse health or safety consequences.
Therefore, it is declared to be the policy of this state that
an episode avoidance plan should be developed and implemented for the temporary reduction of emissions during air
pollution episodes.
It is further declared that power should be vested in the
governor to issue emergency orders for the reduction or discontinuance of emissions when such emissions and weather
combine to create conditions imminently dangerous to public
health and safety. [1971 ex.s. c 194 § 1.]
70.94.715
70.94.715 Air pollution episodes—Episode avoidance
plan—Contents—Source emission reduction plans—
Authority—Considered orders. The department of ecology is hereby authorized to develop an episode avoidance
plan providing for the phased reduction of emissions wherever and whenever an air pollution episode is forecast. Such
an episode avoidance plan shall conform with any applicable
federal standards and shall be effective statewide. The episode avoidance plan may be implemented on an area basis in
accordance with the occurrence of air pollution episodes in
any given area.
The department of ecology may delegate authority to
adopt source emission reduction plans and authority to implement all stages of occurrence up to and including the warning
stage, and all intermediate stages up to the warning stage, in
any area of the state, to the air pollution control authority with
jurisdiction therein.
The episode avoidance plan, which shall be established
by regulation in accordance with chapter 34.05 RCW, shall
include, but not be limited to the following:
(1) The designation of episode criteria and stages, the
occurrence of which will require the carrying out of preplanned episode avoidance procedures. The stages of occurrence shall be (a) forecast, (b) alert, (c) warning, (d) emergency, and such intermediate stages as the department shall
designate. "Forecast" means the presence of meteorological
conditions that are conducive to accumulation of air contaminants and is the first stage of an episode. The department
shall not call a forecast episode prior to the department or an
authority calling a first stage impaired air quality condition as
provided by RCW 70.94.473(1)(b) or calling a single-stage
impaired air quality condition as provided by *RCW
70.94.473(2). "Alert" means concentration of air contaminants at levels at which short-term health effects may occur,
and is the second stage of an episode. "Warning" means concentrations are continuing to degrade, contaminant concentrations have reached a level which, if maintained, can result
in damage to health, and additional control actions are needed
and is the third level of an episode. "Emergency" means the
air quality is posing an imminent and substantial endangerment to public health and is the fourth level of an episode;
(2004 Ed.)
70.94.725
(2) The requirement that persons responsible for the
operation of air contaminant sources prepare and obtain
approval from the director of source emission reduction
plans, consistent with good operating practice and safe operating procedures, for reducing emissions during designated
episode stages;
(3) Provision for the director of the department of ecology or his authorized representative, or the air pollution control officer if implementation has been delegated, on the satisfaction of applicable criteria, to declare and terminate the
forecast, alert, warning and all intermediate stages, up to the
warning episode stage, such declarations constituting orders
for action in accordance with applicable source emission
reduction plans;
(4) Provision for the governor to declare and terminate
the emergency stage and all intermediate stages above the
warning episode stage, such declarations constituting orders
in accordance with applicable source emission reduction
plans;
(5) Provisions for enforcement by state and local police,
personnel of the departments of ecology and social and health
services, and personnel of local air pollution control agencies; and
(6) Provisions for reduction or discontinuance of emissions immediately, consistent with good operating practice
and safe operating procedures, under an air pollution emergency as provided in RCW 70.94.720.
Source emission reduction plans shall be considered
orders of the department and shall be subject to appeal to the
pollution control hearings board according to the procedure
in chapter 43.21B RCW. [1990 c 128 § 4; 1971 ex.s. c 194 §
2.]
*Reviser's note: RCW 70.94.473 was amended by 1995 c 205 § 1,
which deleted subsection (2).
70.94.720
70.94.720 Air pollution episodes—Declaration of air
pollution emergency by governor. Whenever the governor
finds that emissions from the operation of one or more air
contaminant sources is causing imminent danger to public
health or safety, he may declare an air pollution emergency
and may order the person or persons responsible for the operation of such air contaminant source or sources to reduce or
discontinue emissions consistent with good operating practice, safe operating procedures and source emission reduction
plans, if any, adopted by the department of ecology or any
local air pollution control authority to which the department
of ecology has delegated authority to adopt emission reduction plans. Orders authorized by this section shall be in writing and may be issued without prior notice or hearing. In the
absence of the governor, any findings, declarations and
orders authorized by this section may be made and issued by
his authorized representative. [1971 ex.s. c 194 § 3.]
70.94.725
70.94.725 Air pollution episodes—Restraining
orders, temporary injunctions to enforce orders—Procedure. Whenever any order has been issued pursuant to RCW
70.94.710 through 70.94.730, the attorney general, upon
request from the governor, the director of the department of
ecology, an authorized representative of either, or the attorney for a local air pollution control authority upon request of
the control officer, shall petition the superior court of the
[Title 70 RCW—page 207]
70.94.730
Title 70 RCW: Public Health and Safety
county in which is located the air contaminant source for
which such order was issued for a temporary restraining order
requiring the immediate reduction or discontinuance of emissions from such source.
Upon request of the party to whom a temporary restraining order is directed, the court shall schedule a hearing
thereon at its earliest convenience, at which time the court
may withdraw the restraining order or grant such temporary
injunction as is reasonably necessary to prevent injury to the
public health or safety. [1971 ex.s. c 194 § 4.]
70.94.730
70.94.730 Air pollution episodes—Orders to be effective immediately. Orders issued to declare any stage of an
air pollution episode avoidance plan under RCW 70.94.715,
and to declare an air pollution emergency, under RCW
70.94.720, and orders to persons responsible for the operation
of an air contaminant source to reduce or discontinue emissions, according to RCW 70.94.715 and 70.94.720 shall be
effective immediately and shall not be stayed pending completion of review. [1971 ex.s. c 194 § 5.]
70.94.743
70.94.743 Outdoor burning—Areas where prohibited—Exceptions—Use for management of storm or
flood-related debris—Silvicultural burning. (1) Consistent with the policy of the state to reduce outdoor burning to
the greatest extent practical:
(a) Outdoor burning shall not be allowed in any area of
the state where federal or state ambient air quality standards
are exceeded for pollutants emitted by outdoor burning.
(b) Outdoor burning shall not be allowed in any urban
growth area as defined by RCW 36.70A.030, or any city of
the state having a population greater than ten thousand people
if such cities are threatened to exceed state or federal air quality standards, and alternative disposal practices consistent
with good solid waste management are reasonably available
or practices eliminating production of organic refuse are reasonably available. In no event shall such burning be allowed
after December 31, 2000, except that within the urban growth
areas for cities having a population of less than five thousand
people, that are neither within nor contiguous with any nonattainment or maintenance area designated under the federal
clean air act, in no event shall such burning be allowed after
December 31, 2006.
(c) Notwithstanding any other provision of this section,
outdoor burning may be allowed for the exclusive purpose of
managing storm or flood-related debris. The decision to
allow burning shall be made by the entity with permitting
jurisdiction as determined under RCW 70.94.660 or
70.94.755. If outdoor burning is allowed in areas subject to
(a) or (b) of this subsection, a permit shall be required, and a
fee may be collected to cover the expenses of administering
and enforcing the permit. All conditions and restrictions pursuant to RCW 70.94.750(1) and 70.94.775 apply to outdoor
burning allowed under this section.
(d)(i) Outdoor burning that is normal, necessary, and
customary to ongoing agricultural activities, that is consistent
with agricultural burning authorized under RCW 70.94.650
and 70.94.656, is allowed within the urban growth area as
defined in (b) of this subsection if the burning is not conducted during air quality episodes, or where a determination
[Title 70 RCW—page 208]
of impaired air quality has been made as provided in RCW
70.94.473, and the agricultural activities preceded the designation as an urban growth area.
(ii) Outdoor burning of cultivated orchard trees, whether
or not agricultural crops will be replanted on the land, shall be
allowed as an ongoing agricultural activity under this section
if a local horticultural pest and disease board formed under
chapter 15.09 RCW, an extension office agent with Washington State University that has horticultural experience, or an
entomologist employed by the department of agriculture, has
determined in writing that burning is an appropriate method
to prevent or control the spread of horticultural pests or diseases.
(2) "Outdoor burning" means the combustion of material
of any type in an open fire or in an outdoor container without
providing for the control of combustion or the control of
emissions from the combustion.
(3) This section shall not apply to silvicultural burning
used to improve or maintain fire dependent ecosystems for
rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks,
and other wildlife areas. [2004 c 213 § 1; 2001 1st sp.s. c 12
§ 1; 1998 c 68 § 1; 1997 c 225 § 1; 1991 c 199 § 402.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.745
70.94.745 Limited outdoor burning—Program—
Exceptions. (1) It shall be the responsibility and duty of the
department of natural resources, department of ecology,
department of agriculture, fire districts, and local air pollution control authorities to establish, through regulations, ordinances, or policy, a limited burning permit program.
(2) The permit program shall apply to residential and
land clearing burning in the following areas:
(a) In the nonurban areas of any county with an unincorporated population of greater than fifty thousand; and
(b) In any city and urban growth area that is not otherwise prohibited from burning pursuant to RCW 70.94.743.
(3) The permit program shall apply only to land clearing
burning in the nonurban areas of any county with an unincorporated population of less than fifty thousand.
(4) The permit program may be limited to a general permit by rule, or by verbal, written, or electronic approval by
the permitting entity.
(5) Notwithstanding any other provision of this section,
neither a permit nor the payment of a fee shall be required for
outdoor burning for the purpose of disposal of tumbleweeds
blown by wind. Such burning shall not be conducted during
an air pollution episode or any stage of impaired air quality
declared under *RCW 70.94.714. This subsection (5) shall
only apply within counties with a population less than two
hundred fifty thousand.
(6) Burning shall be prohibited in an area when an alternate technology or method of disposing of the organic refuse
is available, reasonably economical, and less harmful to the
environment. It is the policy of this state to foster and encourage development of alternate methods or technology for disposing of or reducing the amount of organic refuse.
(7) Incidental agricultural burning must be allowed without applying for any permit and without the payment of any
fee if:
(2004 Ed.)
Washington Clean Air Act
(a) The burning is incidental to commercial agricultural
activities;
(b) The operator notifies the local fire department within
the area where the burning is to be conducted;
(c) The burning does not occur during an air pollution
episode or any stage of impaired air quality declared under
RCW 70.94.715; and
(d) Only the following items are burned:
(i) Orchard prunings;
(ii) Organic debris along fence lines or irrigation or
drainage ditches; or
(iii) Organic debris blown by wind.
(8) As used in this section, "nonurban areas" are unincorporated areas within a county that is not designated as an
urban growth area under chapter 36.70A RCW.
(9) Nothing in this section shall require fire districts to
enforce air quality requirements related to outdoor burning,
unless the fire district enters into an agreement with the
department of ecology, department of natural resources, a
local air pollution control authority, or other appropriate
entity to provide such enforcement. [1995 c 206 § 1; 1991 c
199 § 401; 1972 ex.s. c 136 § 2.]
*Reviser's note: The reference to RCW 70.94.714 appears erroneous.
Reference to RCW 70.94.715 was apparently intended.
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.750
70.94.750 Limited outdoor burning—Permits issued
by political subdivisions—Types of fires permitted. The
following outdoor fires described in this section may be
burned subject to the provisions of this chapter and also subject to city ordinances, county resolutions, rules of fire districts and laws, and rules enforced by the department of natural resources if a permit has been issued by a fire protection
agency, county, or conservation district:
(1) Fires consisting of leaves, clippings, prunings and
other yard and gardening refuse originating on lands immediately adjacent and in close proximity to a human dwelling
and burned on such lands by the property owner or his or her
designee.
(2) Fires consisting of residue of a natural character such
as trees, stumps, shrubbery or other natural vegetation arising
from land clearing projects or agricultural pursuits for pest or
disease control; provided the fires described in this subsection may be prohibited in those areas having a general population density of one thousand or more persons per square
mile. [1991 c 199 § 412; 1972 ex.s. c 136 § 3.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.755
70.94.755 Limited outdoor burning—Establishment
of program. Each activated air pollution control authority,
and the department of ecology in those areas outside the jurisdictional boundaries of an activated air pollution control
authority, shall establish, through regulations, ordinances, or
policy, a program implementing the limited burning policy
authorized by RCW 70.94.743 through 70.94.765. [1997 c
225 § 2; 1972 ex.s. c 136 § 4.]
70.94.760
70.94.760 Limited outdoor burning—Construction.
Nothing contained in RCW *70.94.740 through 70.94.765 is
intended to alter or change the provisions of RCW 70.94.660,
(2004 Ed.)
70.94.785
70.94.710 through 70.94.730, and 76.04.205. [1986 c 100 §
55; 1972 ex.s. c 136 § 5.]
*Reviser's note: RCW 70.94.740 was repealed by 1991 c 199 § 718.
70.94.765
70.94.765 Limited outdoor burning—Authority of
local air pollution control authority or department of
ecology to allow outdoor fires not restricted. Nothing in
RCW *70.94.740 through 70.94.765 shall be construed as
prohibiting a local air pollution control authority or the
department of ecology in those areas outside the jurisdictional boundaries of an activated pollution control authority
from allowing the burning of outdoor fires. [1972 ex.s. c 136
§ 6.]
*Reviser's note: RCW 70.94.740 was repealed by 1991 c 199 § 718.
70.94.775
70.94.775 Outdoor burning—Fires prohibited—
Exceptions. Except as provided in RCW 70.94.650(5), no
person shall cause or allow any outdoor fire:
(1) Containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, or any substance other than natural vegetation that normally emits
dense smoke or obnoxious odors. Agricultural heating
devices that otherwise meet the requirements of this chapter
shall not be considered outdoor fires under this section;
(2) During a forecast, alert, warning or emergency condition as defined in RCW 70.94.715 or impaired air quality
condition as defined in RCW 70.94.473. [1995 c 362 § 2;
1991 c 199 § 410; 1974 ex.s. c 164 § 1; 1973 2nd ex.s. c 11 §
1; 1973 1st ex.s. c 193 § 9.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.780
70.94.780 Outdoor burning—Permits issued by
political subdivisions. In addition to any other powers
granted to them by law, the fire protection agency, county, or
conservation district issuing burning permits shall regulate or
prohibit outdoor burning as necessary to prevent or abate the
nuisances caused by such burning. No fire protection agency,
county, or conservation district may issue a burning permit in
an area where the department or local board has declared any
stage of impaired air quality per RCW 70.94.473 or any stage
of an air pollution episode. All burning permits issued shall
be subject to all applicable fee, permitting, penalty, and
enforcement provisions of this chapter. The permitted burning shall not cause damage to public health or the environment.
Any entity issuing a permit under this section may
charge a fee at the level necessary to recover the costs of
administering and enforcing the permit program. [1991 c 199
§ 411; 1973 1st ex.s. c 193 § 10.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.785
70.94.785 Plans approved pursuant to federal clean
air act—Enforcement authority. Notwithstanding any provision of the law to the contrary, except RCW 70.94.660
through 70.94.690, the department of ecology, upon its
approval of any plan (or part thereof) required or permitted
under the federal clean air act, shall have the authority to
enforce all regulatory provisions within such plan (or part
thereof): PROVIDED, That departmental enforcement of
any such provision which is within the power of an activated
[Title 70 RCW—page 209]
70.94.800
Title 70 RCW: Public Health and Safety
authority to enforce shall be initiated only, when with respect
to any source, the authority is not enforcing the provisions
and then only after written notice is given the authority.
[1973 1st ex.s. c 193 § 11.]
70.94.800
70.94.800 Legislative declaration—Intent. The legislature recognizes that:
(1) Acid deposition resulting from commercial, industrial or other emissions of sulphur dioxide and nitrogen
oxides pose a threat to the delicate balance of the state's ecological systems, particularly in alpine lakes that are known to
be highly sensitive to acidification;
(2) Failure to act promptly and decisively to mitigate or
eliminate this danger may soon result in untold and irreparable damage to the fish, forest, wildlife, agricultural, water,
and recreational resources of this state;
(3) There is a direct correlation between emissions of
sulphur dioxides and nitrogen oxides and increases in acid
deposition;
(4) Acidification is cumulative; and
(5) Once an environment is acidified, it is difficult, if not
impossible, to restore the natural balance.
It is therefore the intent of the legislature to provide for
early detection of acidification and the resulting environmental degradation through continued monitoring of acid deposition levels and trends, and major source changes, so that the
legislature can take any necessary action to prevent environmental degradation resulting from acid deposition. [1985 c
456 § 1; 1984 c 277 § 1.]
70.94.805
70.94.805 Definitions. As used in RCW 70.94.800
through *70.94.825, the following terms have the following
meanings.
(1) "Acid deposition" means wet or dry deposition from
the atmosphere of chemical compounds with a pH of less
than 5.6.
(2) "Critical level of acid deposition and lake, stream,
and soil acidification" means the level at which irreparable
damage may occur unless corrective action is taken. [1985 c
456 § 2; 1984 c 277 § 2.]
*Reviser's note: RCW 70.94.810, 70.94.815, and 70.94.825 were
repealed by 1991 c 199 § 718.
70.94.820
70.94.820 Monitoring by department of ecology. The
department of ecology shall maintain a program of periodic
monitoring of acid rain deposition and lake, stream, and soil
acidification to ensure early detection of acidification and
environmental degradation. [1987 c 505 § 61; 1985 c 456 §
5; 1984 c 277 § 6.]
70.94.850
70.94.850 Emission credits banking program—
Amount of credit. The department of ecology and the local
boards may implement an emission credits banking program.
For the purposes of this section, an emission credits banking
program means a program whereby an air contaminant
source which reduces emissions of a given air contaminant
by an amount greater than that required by applicable law,
regulation, or order is granted credit for a given amount,
which credit shall be administered by a credit bank operated
by the appropriate agency. The amount of the credit shall be
[Title 70 RCW—page 210]
determined by the department or local board with jurisdiction, but it shall be less than the amount of the emissions
reduction. The credit may be used, traded, sold, or otherwise
expended for purposes established by regulation of state or
local agencies consistent with the provisions of the prevention of significant deterioration program under RCW
70.94.860, the bubble program under RCW 70.94.155, and
the new source review program under RCW 70.94.152, if
there will be no net adverse impact on air quality. [1984 c
164 § 1.]
70.94.860
70.94.860 Department of ecology may accept delegation of programs. The department of ecology may accept
delegation of programs as provided for in the federal clean air
act. Subject to federal approval, the department may, in turn,
delegate such programs to the local authority with jurisdiction in a given area. [1991 c 199 § 312; 1984 c 164 § 2.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.875
70.94.875 Evaluation of information on acid deposition in Pacific Northwest—Establishment of critical levels—Notification of legislature. The department of ecology, in consultation with the appropriate committees of the
house of representatives and of the senate, shall:
(1) Continue evaluation of information and research on
acid deposition in the Pacific Northwest region;
(2) Establish critical levels of acid deposition and lake,
stream, and soil acidification; and
(3) Notify the legislature if acid deposition or lake,
stream, and soil acidification reaches the levels established
under subsection (2) of this section. [1991 c 199 § 313; 1985
c 456 § 3.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.880
70.94.880 Establishment of critical deposition and
acidification levels—Considerations. In establishing critical levels of acid deposition and lake, stream, and soil acidification, the department of ecology shall consider:
(1) Current acid deposition and lake, stream, and soil
acidification levels;
(2) Changes in acid deposition and lake, stream, and soil
acidification levels;
(3) Effects of acid deposition and lake, stream, and soil
acidification on the environment; and
(4) The need to prevent environmental degradation.
[1985 c 456 § 4.]
70.94.892
70.94.892 Carbon dioxide mitigation—Fees. (1) For
fossil-fueled electric generation facilities having more than
twenty-five thousand kilowatts station generating capability
but less than three hundred fifty thousand kilowatts station
generation capability, except for fossil-fueled floating thermal electric generation facilities under the jurisdiction of the
energy facility site evaluation council pursuant to RCW
80.50.010, the department or authority shall implement a carbon dioxide mitigation program consistent with the requirements of chapter 80.70 RCW.
(2) For mitigation projects conducted directly by or
under the control of the applicant, the department or local air
authority shall approve or deny the mitigation plans, as part
(2004 Ed.)
Washington Clean Air Act
of its action to approve or deny an application submitted
under RCW 70.94.152 based upon whether or not the mitigation plan is consistent with the requirements of chapter 80.70
RCW.
(3) The department or authority may determine, assess,
and collect fees sufficient to cover the costs to review and
approve or deny the carbon dioxide mitigation plan components of an order of approval issued under RCW 70.94.152.
The department or authority may also collect fees sufficient
to cover its additional costs to monitor conformance with the
carbon dioxide mitigation plan components of the registration and air operating permit programs authorized in RCW
70.94.151 and 70.94.161. The department or authority shall
track its costs related to review, approval, and monitoring
conformance with carbon dioxide mitigation plans. [2004 c
224 § 8.]
70.94.901
70.94.901 Construction—1967 c 238. This 1967
amendatory act shall not be construed to create in any way
nor to enlarge, diminish or otherwise affect in any way any
private rights in any civil action for damages. Any determination that there has been a violation of the provisions of this
1967 amendatory act or of any ordinance, rule, regulation or
order issued pursuant thereto, shall not create by reason
thereof any presumption or finding of fact or of law for use in
any lawsuit brought by a private citizen. [1967 c 238 § 65.]
70.94.902
70.94.902 Construction, repeal of RCW 70.94.061
through 70.94.066—Saving. The following acts or parts of
acts are each repealed:
(1) Section 7, chapter 238, Laws of 1967, and RCW
70.94.061;
(2) Section 8, chapter 238, Laws of 1967, and RCW
70.94.062;
(3) Section 9, chapter 238, Laws of 1967, and RCW
70.94.064; and
(4) Section 10, chapter 238, Laws of 1967, and RCW
70.94.066.
Such repeals shall not be construed as affecting any
authority in existence on April 24, 1969, nor as affecting any
action, activities or proceedings initiated by such authority
prior hereto, nor as affecting any civil or criminal proceedings instituted by such authority, nor any rule, regulation, resolution, ordinance, or order promulgated by such authority,
nor any administrative action taken by such authority, nor the
term of office, or appointment or employment of any person
appointed or employed by such authority. [1969 ex.s. c 168
§ 46.]
70.94.904
70.94.904 Effective dates—1991 c 199. Sections 602
and 603 of this act shall take effect July 1, 1992. Sections 202
through 209 of this act shall take effect January 1, 1993. Sections 210 and 505 of this act shall take effect January 1, 1992.
The remainder of this act is necessary for the immediate
preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions,
and shall take effect immediately. [1991 c 199 § 717.]
70.94.905
70.94.905 Severability—1991 c 199. If any provision
of this act or its application to any person or circumstance is
(2004 Ed.)
70.94.970
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 199 § 719.]
70.94.906
70.94.906 Captions not law. Captions and headings as
used in this act constitute no part of the law. [1991 c 199 §
720.]
70.94.911
70.94.911 Severability—1967 c 238. If any phrase,
clause, subsection or section of this 1967 amendatory act
shall be declared unconstitutional or invalid by any court of
competent jurisdiction, it shall be conclusively presumed that
the legislature would have enacted this act without the
phrase, clause, subsection or section so held unconstitutional
or invalid and the remainder of the act shall not be affected as
a result of said part being held unconstitutional or invalid.
[1967 c 238 § 64.]
70.94.950
70.94.950 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
70.94.960
70.94.960 Clean fuel matching grants for public transit, vehicle mechanics, and refueling infrastructure. The
department may disburse matching grants from funds provided by the legislature from the air pollution control
account, created in RCW 70.94.015, to units of local government to partially offset the additional cost of purchasing
"clean fuel" and/or operating "clean-fuel vehicles" provided
that such vehicles are used for public transit. Publicly owned
school buses are considered public transit for the purposes of
this section. The department may also disburse grants to
vocational-technical institutes for the purpose of establishing
programs to certify clean-fuel vehicle mechanics. The department may also distribute grants to Washington State University for the purpose of furthering the establishment of clean
fuel refueling infrastructure. [1996 c 186 § 517; 1991 c 199
§ 218.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Finding—1991 c 199: See note following RCW 70.94.011.
Clean fuel: RCW 70.120.210.
Refueling: RCW 80.28.280.
State vehicles: RCW 43.19.637.
70.94.970
70.94.970 Chlorofluorocarbons—Ozone—Refrigerants regulated. (1) Regulated refrigerant means a class I or
class II substance as listed in Title VI of section 602 of the
federal clean air act amendments of November 15, 1990.
(2) A person who services or repairs or disposes of a
motor vehicle air conditioning system; commercial or industrial air conditioning, heating, or refrigeration system; or consumer appliance shall use refrigerant extraction equipment to
recover regulated refrigerant that would otherwise be
released into the atmosphere. This subsection does not apply
to off-road commercial equipment.
(3) Upon request, the department shall provide information and assistance to persons interested in collecting, transporting, or recycling regulated refrigerants.
[Title 70 RCW—page 211]
70.94.980
Title 70 RCW: Public Health and Safety
(4) The willful release of regulated refrigerant from a
source listed in subsection (2) of this section is prohibited.
[1991 c 199 § 602.]
Finding—1991 c 199: "The legislature finds that:
(1) The release of chlorofluorocarbons and other ozone-depleting
chemicals into the atmosphere contributes to the destruction of stratospheric
ozone and threatens plant and animal life with harmful overexposure to ultraviolet radiation;
(2) The technology and equipment to extract and recover chlorofluorocarbons and other ozone-depleting chemicals from air conditioners, refrigerators, and other appliances are available;
(3) A number of nonessential consumer products contain ozone-depleting chemicals; and
(4) Unnecessary releases of chlorofluorocarbons and other ozonedepleting chemicals from these sources should be eliminated." [1991 c 199
§ 601.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.980
70.94.980 Refrigerants—Unlawful acts. No person
may sell, offer for sale, or purchase any of the following:
(1) A regulated refrigerant in a container designed for
consumer recharge of a motor vehicle air conditioning system or consumer appliance during repair or service. This subsection does not apply to a regulated refrigerant purchased for
the recharge of the air conditioning system of off-road commercial or agricultural equipment and sold or offered for sale
at an establishment which specializes in the sale of off-road
commercial or agricultural equipment or parts or service for
such equipment;
(2) Nonessential consumer products that contain chlorofluorocarbons or other ozone-depleting chemicals, and for
which substitutes are readily available. Products affected
under this subsection shall include, but are not limited to,
party streamers, tire inflators, air horns, noise makers, and
chlorofluorocarbon-containing cleaning sprays designed for
noncommercial or nonindustrial cleaning of electronic or
photographic equipment. [1991 c 199 § 603.]
(2) The amount of the grant will be determined based on
the value to the transportation system of the vehicle trips
reduced. The commute trip reduction task force shall
develop an award rate giving priority to applications achieving the greatest reduction in trips and commute miles per
public dollar requested and considering the following criteria: The local cost of providing new highway capacity, congestion levels, and geographic distribution.
(3) No private employer, public agency, nonprofit organization, developer, or property manager is eligible for grants
under this section in excess of one hundred thousand dollars
in any fiscal year.
(4) The total of grants provided under this section may
not exceed seven hundred fifty thousand dollars in any fiscal
year. However, this subsection does not apply during the
2003-2005 fiscal biennium.
(5) The department of transportation shall report to the
department of revenue by the 15th day of each month the
aggregate monetary amount of grants provided under this
section in the prior month and the identity of the recipients of
those grants.
(6) The source of funds for this grant program is the multimodal transportation account.
(7) This section expires January 1, 2014. [2004 c 229 §
501; 2003 c 364 § 9.]
Severability—2004 c 229: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2004 c 229 § 507.]
Effective date—2004 c 229: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 31, 2004]." [2004 c 229 § 508.]
Effective date—Contingency—Captions not law—2003 c 364: See
notes following RCW 82.70.020.
Chapter 70.95
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.990
70.94.990 Refrigerants—Rules—Enforcement provisions, limitations. The department shall adopt rules to
implement RCW 70.94.970 and 70.94.980. Rules shall
include but not be limited to minimum performance specifications for refrigerant extraction equipment, as well as procedures for enforcing RCW 70.94.970 and 70.94.980.
Enforcement provisions adopted by the department shall
not include penalties or fines in areas where equipment to
collect or recycle regulated refrigerants is not readily available. [1991 c 199 § 604.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.996
70.94.996 Grant program for ride sharing. (Expires
January 1, 2014.) (1) To the extent that funds are appropriated, the department of transportation shall administer a performance-based grant program for private employers, public
agencies, nonprofit organizations, developers, and property
managers who provide financial incentives for ride sharing in
vehicles carrying two or more persons, for using public transportation, for using car sharing, or for using nonmotorized
commuting, including telework, before July 1, 2013, to their
own or other employees.
[Title 70 RCW—page 212]
Chapter 70.95 RCW
SOLID WASTE MANAGEMENT—
REDUCTION AND RECYCLING
Sections
70.95.010
70.95.020
70.95.030
70.95.040
70.95.050
70.95.055
70.95.060
70.95.065
70.95.070
70.95.075
70.95.080
70.95.090
70.95.092
70.95.094
70.95.096
70.95.100
Legislative finding—Priorities—Goals.
Purpose.
Definitions.
Solid waste advisory committee—Members—Meetings—
Travel expenses—"Governor's award of excellence."
Solid waste advisory committee—Staff services and facilities.
Environmental excellence program agreements—Effect on
chapter.
Standards for solid waste handling—Areas—Landfill location.
Inert waste landfills.
Review of standards prior to adoption—Revisions, additions
and modifications—Factors.
Implementation of standards—Assessment—Analyses—Proposals.
County comprehensive solid waste management plan—Joint
plans—Duties of cities.
County and city comprehensive solid waste management
plans—Contents.
County and city comprehensive solid waste management
plans—Levels of service, reduction and recycling.
County and city comprehensive solid waste management
plans—Review and approval process.
Utilities and transportation commission to review local plan's
assessment of cost impacts on rates.
Technical assistance for plan preparation—Guidelines—Informational materials and programs.
(2004 Ed.)
Solid Waste Management—Reduction and Recycling
70.95.110
70.95.130
70.95.140
70.95.150
70.95.160
70.95.163
70.95.165
70.95.167
70.95.170
70.95.180
70.95.185
70.95.190
70.95.200
70.95.205
70.95.210
70.95.212
70.95.215
70.95.217
70.95.218
70.95.220
70.95.230
70.95.235
70.95.240
70.95.250
70.95.255
70.95.260
70.95.263
70.95.265
70.95.267
70.95.268
70.95.270
70.95.280
70.95.285
70.95.290
70.95.295
70.95.300
70.95.305
70.95.310
70.95.315
70.95.320
70.95.500
70.95.510
70.95.530
70.95.535
70.95.540
70.95.545
70.95.550
70.95.555
70.95.560
70.95.565
(2004 Ed.)
Maintenance of plans—Review, revisions—Implementation
of source separation programs.
Financial aid to counties and cities.
Matching requirements.
Contracts with counties to assure proper expenditures.
Local board of health regulations to implement the comprehensive plan—Section not to be construed to authorize counties to operate system.
Local health departments may contract with the department of
ecology.
Solid waste disposal facility siting—Site review—Local solid
waste advisory committees—Membership.
Private businesses involvement in source separated materials—Local solid waste advisory committee to examine.
Permit for solid waste handling facility—Required.
Permit for solid waste handling facility—Applications, fee.
Permit for solid waste disposal site or facilities—Review by
department—Appeal of issuance—Validity of permits
issued after June 7, 1984.
Permit for solid waste handling facility—Renewal—Appeal—
Validity of renewal—Review fees.
Permit for solid waste disposal site or facilities—Suspension.
Exemption from solid waste permit requirements—Wastederived soil amendments—Application—Revocation of
exemption—Appeal.
Hearing—Appeal—Denial, suspension—When effective.
Solid waste collection companies—Notice of changes in tipping fees and disposal rate schedules.
Landfill disposal facilities—Reserve accounts required by
July 1, 1987—Exception—Rules.
Waste generated outside the state—Findings.
Waste generated outside the state—Solid waste disposal site
facility reporting requirements—Fees.
Financial aid to jurisdictional health departments—Applications—Allocations.
Financial aid to jurisdictional health departments—Matching
funds requirements.
Diversion of recyclable material—Penalty.
Unlawful to dump or deposit solid waste without permit—
Penalties—Litter cleanup restitution payment.
Name appearing on waste material—Presumption.
Disposal of sewage sludge or septic tank sludge prohibited—
Exemptions—Uses of sludge material permitted.
Duties of department—State solid waste management plan—
Assistance—Coordination—Tire recycling.
Additional powers and duties of department.
Department to cooperate with public and private departments,
agencies and associations.
Department authorized to disburse referendum 26 (chapter
43.83A RCW) fund for local government solid waste
projects.
Department authorized to disburse funds under chapter 43.99F
RCW for local government solid waste projects.
Hazardous substance remedial actions—Procedural requirements not applicable.
Determination of best solid waste management practices—
Department to develop method to monitor waste stream—
Collectors to report quantity and quality of waste—Confidentiality of proprietary information.
Solid waste stream analysis.
Solid waste stream evaluation.
Analysis and evaluation to be incorporated in state solid waste
management plan.
Solid waste—Beneficial uses—Permitting requirement
exemptions.
Solid waste handling permit—Exemption from requirements—Application of section—Rules.
Rules—Department "deferring" to other permits—Application
of section.
Penalty.
Construction.
Disposal of vehicle tires outside designated area prohibited—
Penalty—Exemption.
Fee on the retail sale of new replacement vehicle tires.
Vehicle tire recycling account—Use.
Disposition of fee.
Cooperation with department to aid tire recycling.
Tire recycling—Report.
Waste tires—Definitions.
Waste tires—License for transport or storage business—
Requirements.
Waste tires—Violation of RCW 70.95.555—Penalty.
Waste tires—Contracts with unlicensed persons prohibited.
70.95.600
70.95.610
70.95.620
70.95.630
70.95.640
70.95.650
70.95.660
70.95.670
70.95.700
70.95.710
70.95.715
70.95.720
70.95.810
70.95.900
70.95.901
70.95.902
70.95.903
70.95.910
70.95.911
70.95.010
Educational material promoting household waste reduction
and recycling.
Battery disposal—Restrictions—Violators subject to fine—
"Vehicle battery" defined.
Identification procedure for persons accepting used vehicle
batteries.
Requirements for accepting used batteries by retailers of vehicle batteries—Notice.
Retail core charge.
Vehicle battery wholesalers—Obligations regarding used batteries—Noncompliance procedure.
Department to distribute printed notice—Issuance of warnings
and citations—Fines.
Rules.
Solid waste incineration or energy recovery facility—Environmental impact statement requirements.
Incineration of medical waste.
Sharps waste—Drop-off sites—Pharmacy return program.
Closure of energy recovery and incineration facilities—
Recordkeeping requirements.
Composting food and yard wastes—Grants and study.
Authority and responsibility of utilities and transportation
commission not changed.
Severability—1989 c 431.
Section captions not law—1989 c 431.
Application of chapter—Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation.
Severability—1969 ex.s. c 134.
Severability—1975-'76 2nd ex.s. c 41.
Airports: RCW 70.93.095.
Commercial fertilizer: Chapter 15.54 RCW.
Environmental certification programs—Fees—Rules—Liability: RCW
43.21A.175.
Marinas: RCW 70.93.095.
Solid waste collection tax: Chapter 82.18 RCW.
State parks: RCW 79A.05.045.
Waste reduction, recycling, litter control: Chapter 70.93 RCW.
70.95.010 Legislative finding—Priorities—Goals.
The legislature finds:
(1) Continuing technological changes in methods of
manufacture, packaging, and marketing of consumer products, together with the economic and population growth of
this state, the rising affluence of its citizens, and its expanding industrial activity have created new and ever-mounting
problems involving disposal of garbage, refuse, and solid
waste materials resulting from domestic, agricultural, and
industrial activities.
(2) Traditional methods of disposing of solid wastes in
this state are no longer adequate to meet the ever-increasing
problem. Improper methods and practices of handling and
disposal of solid wastes pollute our land, air and water
resources, blight our countryside, adversely affect land values, and damage the overall quality of our environment.
(3) Considerations of natural resource limitations,
energy shortages, economics and the environment make necessary the development and implementation of solid waste
recovery and/or recycling plans and programs.
(4) Waste reduction must become a fundamental strategy
of solid waste management. It is therefore necessary to
change manufacturing and purchasing practices and waste
generation behaviors to reduce the amount of waste that
becomes a governmental responsibility.
(5) Source separation of waste must become a fundamental strategy of solid waste management. Collection and
handling strategies should have, as an ultimate goal, the
source separation of all materials with resource value or environmental hazard.
70.95.010
[Title 70 RCW—page 213]
70.95.020
Title 70 RCW: Public Health and Safety
(6)(a) It should be the goal of every person and business
to minimize their production of wastes and to separate recyclable or hazardous materials from mixed waste.
(b) It is the responsibility of state, county, and city governments to provide for a waste management infrastructure to
fully implement waste reduction and source separation strategies and to process and dispose of remaining wastes in a
manner that is environmentally safe and economically sound.
It is further the responsibility of state, county, and city governments to monitor the cost-effectiveness and environmental safety of combusting separated waste, processing mixed
municipal solid waste, and recycling programs.
(c) It is the responsibility of county and city governments
to assume primary responsibility for solid waste management
and to develop and implement aggressive and effective waste
reduction and source separation strategies.
(d) It is the responsibility of state government to ensure
that local governments are providing adequate source reduction and separation opportunities and incentives to all, including persons in both rural and urban areas, and nonresidential
waste generators such as commercial, industrial, and institutional entities, recognizing the need to provide flexibility to
accommodate differing population densities, distances to and
availability of recycling markets, and collection and disposal
costs in each community; and to provide county and city governments with adequate technical resources to accomplish
this responsibility.
(7) Environmental and economic considerations in solving the state's solid waste management problems requires
strong consideration by local governments of regional solutions and intergovernmental cooperation.
(8) The following priorities for the collection, handling,
and management of solid waste are necessary and should be
followed in descending order as applicable:
(a) Waste reduction;
(b) Recycling, with source separation of recyclable
materials as the preferred method;
(c) Energy recovery, incineration, or landfill of separated
waste;
(d) Energy recovery, incineration, or landfill of mixed
municipal solid wastes.
(9) It is the state's goal to achieve a fifty percent recycling rate by 2007.
(10) It is the state's goal that programs be established to
eliminate residential or commercial yard debris in landfills by
2012 in those areas where alternatives to disposal are readily
available and effective.
(11) Steps should be taken to make recycling at least as
affordable and convenient to the ratepayer as mixed waste
disposal.
(12) It is necessary to compile and maintain adequate
data on the types and quantities of solid waste that are being
generated and to monitor how the various types of solid waste
are being managed.
(13) Vehicle batteries should be recycled and the disposal of vehicle batteries into landfills or incinerators should
be discontinued.
(14) Excessive and nonrecyclable packaging of products
should be avoided.
[Title 70 RCW—page 214]
(15) Comprehensive education should be conducted
throughout the state so that people are informed of the need to
reduce, source separate, and recycle solid waste.
(16) All governmental entities in the state should set an
example by implementing aggressive waste reduction and
recycling programs at their workplaces and by purchasing
products that are made from recycled materials and are recyclable.
(17) To ensure the safe and efficient operations of solid
waste disposal facilities, it is necessary for operators and regulators of landfills and incinerators to receive training and
certification.
(18) It is necessary to provide adequate funding to all
levels of government so that successful waste reduction and
recycling programs can be implemented.
(19) The development of stable and expanding markets
for recyclable materials is critical to the long-term success of
the state's recycling goals. Market development must be
encouraged on a state, regional, and national basis to maximize its effectiveness. The state shall assume primary responsibility for the development of a multifaceted market development program to carry out the purposes of this act.
(20) There is an imperative need to anticipate, plan for,
and accomplish effective storage, control, recovery, and
recycling of discarded tires and other problem wastes with
the subsequent conservation of resources and energy. [2002
c 299 § 3; 1989 c 431 § 1; 1985 c 345 § 1; 1984 c 123 § 1;
1975-'76 2nd ex.s. c 41 § 1; 1969 ex.s. c 134 § 1.]
70.95.020 Purpose. The purpose of this chapter is to
establish a comprehensive statewide program for solid waste
handling, and solid waste recovery and/or recycling which
will prevent land, air, and water pollution and conserve the
natural, economic, and energy resources of this state. To this
end it is the purpose of this chapter:
(1) To assign primary responsibility for adequate solid
waste handling to local government, reserving to the state,
however, those functions necessary to assure effective programs throughout the state;
(2) To provide for adequate planning for solid waste handling by local government;
(3) To provide for the adoption and enforcement of basic
minimum performance standards for solid waste handling;
(4) To encourage the development and operation of
waste recycling facilities needed to accomplish the management priority of waste recycling, and to promote consistency
in the requirements for such facilities throughout the state;
(5) To provide technical and financial assistance to local
governments in the planning, development, and conduct of
solid waste handling programs;
(6) To encourage storage, proper disposal, and recycling
of discarded vehicle tires and to stimulate private recycling
programs throughout the state; and
(7) To encourage the development and operation of
waste recycling facilities and activities needed to accomplish
the management priority of waste recycling and to promote
consistency in the permitting requirements for such facilities
and activities throughout the state.
It is the intent of the legislature that local governments
be encouraged to use the expertise of private industry and to
contract with private industry to the fullest extent possible to
70.95.020
(2004 Ed.)
Solid Waste Management—Reduction and Recycling
carry out solid waste recovery and/or recycling programs.
[1998 c 156 § 1; 1998 c 90 § 1; 1985 c 345 § 2; 1975-'76 2nd
ex.s. c 41 § 2; 1969 ex.s. c 134 § 2.]
Reviser's note: This section was amended by 1998 c 90 § 1 and by
1998 c 156 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
70.95.030
70.95.030 Definitions. As used in this chapter, unless
the context indicates otherwise:
(1) "City" means every incorporated city and town.
(2) "Commission" means the utilities and transportation
commission.
(3) "Committee" means the state solid waste advisory
committee.
(4) "Composted material" means organic solid waste that
has been subjected to controlled aerobic degradation at a
solid waste facility in compliance with the requirements of
this chapter. Natural decay of organic solid waste under
uncontrolled conditions does not result in composted material.
(5) "Department" means the department of ecology.
(6) "Director" means the director of the department of
ecology.
(7) "Disposal site" means the location where any final
treatment, utilization, processing, or deposit of solid waste
occurs.
(8) "Energy recovery" means a process operating under
federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the
volume of solid waste.
(9) "Functional standards" means criteria for solid waste
handling expressed in terms of expected performance or solid
waste handling functions.
(10) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device
using controlled flame combustion.
(11) "Inert waste landfill" means a landfill that receives
only inert waste, as determined under RCW 70.95.065, and
includes facilities that use inert wastes as a component of fill.
(12) "Jurisdictional health department" means city,
county, city-county, or district public health department.
(13) "Landfill" means a disposal facility or part of a
facility at which solid waste is placed in or on land and which
is not a land treatment facility.
(14) "Local government" means a city, town, or county.
(15) "Modify" means to substantially change the design
or operational plans including, but not limited to, removal of
a design element previously set forth in a permit application
or the addition of a disposal or processing activity that is not
approved in the permit.
(16) "Multiple family residence" means any structure
housing two or more dwelling units.
(17) "Person" means individual, firm, association,
copartnership, political subdivision, government agency,
municipality, industry, public or private corporation, or any
other entity whatsoever.
(18) "Recyclable materials" means those solid wastes
that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursu(2004 Ed.)
70.95.030
ant to a local comprehensive solid waste plan. Prior to the
adoption of the local comprehensive solid waste plan,
adopted pursuant to RCW 70.95.110(2), local governments
may identify recyclable materials by ordinance from July 23,
1989.
(19) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for
use other than landfill disposal or incineration.
(20) "Residence" means the regular dwelling place of an
individual or individuals.
(21) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying
amounts of water and dissolved materials, generated from a
wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW.
(22) "Soil amendment" means any substance that is
intended to improve the physical characteristics of the soil,
except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing
wastes, and materials exempted by rule of the department,
such as biosolids as defined in chapter 70.95J RCW and
wastewater as regulated in chapter 90.48 RCW.
(23) "Solid waste" or "wastes" means all putrescible and
nonputrescible solid and semisolid wastes including, but not
limited to, garbage, rubbish, ashes, industrial wastes, swill,
sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.
(24) "Solid waste handling" means the management,
storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the
recovery and recycling of materials from solid wastes, the
recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or
combinations thereof.
(25) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.
(26) "Vehicle" includes every device physically capable
of being moved upon a public or private highway, road,
street, or watercourse and in, upon, or by which any person or
property is or may be transported or drawn upon a public or
private highway, road, street, or watercourse, except devices
moved by human or animal power or used exclusively upon
stationary rails or tracks.
(27) "Waste-derived soil amendment" means any soil
amendment as defined in this chapter that is derived from
solid waste as defined in RCW 70.95.030, but does not
include biosolids or biosolids products regulated under chapter 70.95J RCW or wastewaters regulated under chapter
90.48 RCW.
(28) "Waste reduction" means reducing the amount or
toxicity of waste generated or reusing materials.
(29) "Yard debris" means plant material commonly created in the course of maintaining yards and gardens, and
through horticulture, gardening, landscaping, or similar
activities. Yard debris includes but is not limited to grass
clippings, leaves, branches, brush, weeds, flowers, roots,
windfall fruit, vegetable garden debris, holiday trees, and tree
prunings four inches or less in diameter. [2004 c 101 § 1;
2002 c 299 § 4; 1998 c 36 § 17; 1997 c 213 § 1; 1992 c 174 §
[Title 70 RCW—page 215]
70.95.040
Title 70 RCW: Public Health and Safety
16; 1991 c 298 § 2; 1989 c 431 § 2; 1985 c 345 § 3; 1984 c
123 § 2; 1975-'76 2nd ex.s. c 41 § 3; 1970 ex.s. c 62 § 60;
1969 ex.s. c 134 § 3.]
Intent—1998 c 36: See RCW 15.54.265.
Short title—1998 c 36: See note following RCW 15.54.265.
Finding—1991 c 298: "The legislature finds that curbside recycling
services should be provided in multiple family residences. The county and
city comprehensive solid waste management plans should include provisions
for such service." [1991 c 298 § 1.]
Solid waste disposal—Powers and duties of state board of health as to environmental contaminants: RCW 43.20.050.
70.95.040
70.95.040 Solid waste advisory committee—Members—Meetings—Travel expenses—"Governor's award
of excellence." (1) There is created a solid waste advisory
committee to provide consultation to the department of ecology concerning matters covered by this chapter. The committee shall advise on the development of programs and regulations for solid and dangerous waste handling, resource recovery, and recycling, and shall supply recommendations
concerning methods by which existing solid and dangerous
waste handling, resource recovery, and recycling practices
and the laws authorizing them may be supplemented and
improved.
(2) The committee shall consist of at least eleven members, including the assistant director for waste management
programs within the department. The director shall appoint
members with due regard to the interests of the public, local
government, tribes, agriculture, industry, public health, recycling industries, solid waste collection industries, and
resource recovery industries. The term of appointment shall
be determined by the director. The committee shall elect its
own chair and meet at least four times a year, in accordance
with such rules of procedure as it shall establish. Members
shall receive no compensation for their services but shall be
reimbursed their travel expenses while engaged in business
of the committee in accordance with RCW 43.03.050 and
43.03.060 as now existing or hereafter amended.
(3) The committee shall each year recommend to the
governor a recipient for a "governor's award of excellence"
which the governor shall award for outstanding achievement
by an industry, company, or individual in the area of hazardous waste or solid waste management. [1991 c 319 § 401;
1987 c 115 § 1; 1982 c 108 § 1; 1977 c 10 § 1. Prior: 1975-'76
2nd ex.s. c 41 § 9; 1975-'76 2nd ex.s. c 34 § 160; 1969 ex.s. c
134 § 4.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
Toxic metals—Report—1991 c 319: See note following RCW
70.95G.005.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
70.95.050
70.95.050 Solid waste advisory committee—Staff services and facilities. The department shall furnish necessary
staff services and facilities required by the solid waste advisory committee. [1969 ex.s. c 134 § 5.]
70.95.055
70.95.055 Environmental excellence program agreements—Effect on chapter. Notwithstanding any other provision of law, any legal requirement under this chapter,
[Title 70 RCW—page 216]
including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement,
entered into under chapter 43.21K RCW. [1997 c 381 § 22.]
Purpose—1997 c 381: See RCW 43.21K.005.
70.95.060
70.95.060 Standards for solid waste handling—
Areas—Landfill location. (1) The department shall adopt
rules establishing minimum functional standards for solid
waste handling, consistent with the standards specified in this
section. The department may classify areas of the state with
respect to population density, climate, geology, and other relevant factors bearing on solid waste disposal standards.
(2) In addition to the minimum functional standards
adopted by the department under subsection (1) of this section, each landfill facility whose area at its design capacity
will exceed one hundred acres and whose horizontal height at
design capacity will average one hundred feet or more above
existing site elevations shall comply with the standards of
this subsection. This subsection applies only to wholly new
solid waste landfill facilities, no part or unit of which has had
construction commence before April 27, 1999.
(a) No landfill specified in this subsection may be
located:
(i) So that the active area is closer than five miles to any
national park or a public or private nonprofit zoological park
displaying native animals in their native habitats; or
(ii) Over a sole source aquifer designated under the federal safe drinking water act, if such designation was effective
before January 1, 1999.
(b) Each landfill specified in this subsection (2) shall be
constructed with an impermeable berm around the entire
perimeter of the active area of the landfill of such height,
thickness, and design as will be sufficient to contain all material disposed in the event of a complete failure of the structural integrity of the landfill. [1999 c 116 § 1; 1969 ex.s. c
134 § 6.]
Effective date—1999 c 116: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 27, 1999]." [1999 c 116 § 2.]
70.95.065
70.95.065 Inert waste landfills. (1) The department
shall, as part of the minimum functional standards for solid
waste handling required under RCW 70.95.060, develop specific criteria for the types of solid wastes that are allowed to
be received by inert waste landfills that seek to continue operation after February 10, 2003.
(2) The criteria for inert waste developed under this section must, at a minimum, contain a list of substances that an
inert waste landfill located in a county with fewer than fortyfive thousand residents is permitted to receive if it was operational before February 10, 2003, and is located at a site with
a five-year annual rainfall of twenty-five inches or less. The
substances permitted for the inert waste landfills satisfying
the criteria listed in this subsection must include the following types of solid waste if the waste has not been tainted,
through exposure from chemical, physical, biological, or
radiological substances, such that it presents a threat to
human health or the environment greater than that inherent to
the material:
(2004 Ed.)
Solid Waste Management—Reduction and Recycling
(a) Cured concrete, including any embedded steel reinforcing and wood;
(b) Asphaltic materials, including road construction
asphalt;
(c) Brick and masonry;
(d) Ceramic materials produced from fired clay or porcelain;
(e) Glass;
(f) Stainless steel and aluminum; and
(g) Other materials as defined in chapter 173-350 WAC.
(3) The department shall work with the owner or operators of landfills that do not meet the minimum functional
standards for inert waste landfills to explore and implement
appropriate means of transition into a limited purpose landfill
that is able to accept additional materials as specified in
WAC 173-350-400. [2004 c 101 § 2.]
70.95.070
70.95.070 Review of standards prior to adoption—
Revisions, additions and modifications—Factors. The
solid waste advisory committee shall review prior to adoption
and shall recommend revisions, additions, and modifications
to the minimum functional standards governing solid waste
handling relating, but not limited to, the following:
(1) Vector production and sustenance.
(2) Air pollution (coordinated with regulations of the
department of ecology).
(3) Pollution of surface and ground waters (coordinated
with the regulations of the department of ecology).
(4) Hazards to service or disposal workers or to the public.
(5) Prevention of littering.
(6) Adequacy and adaptability of disposal sites to population served.
(7) Design and operation of disposal sites.
(8) Recovery and/or recycling of solid waste. [1975-'76
2nd ex.s. c 41 § 4; 1969 ex.s. c 134 § 7.]
70.95.075
70.95.075 Implementation of standards—Assessment—Analyses—Proposals. In order to implement the
minimum functional standards for solid waste handling, evaluate the effectiveness of the minimum functional standards,
evaluate the cost of implementation, and develop a mechanism to finance the implementation, the department shall prepare:
(1) An assessment of local health agencies' information
on all existing permitted landfill sites, including (a) measures
taken and facilities installed at each landfill to mitigate surface water and ground water contamination, (b) proposed
measures taken and facilities to be constructed at each landfill to mitigate surface water and ground water contamination, and (c) the costs of such measures and facilities;
(2) An analysis of the effectiveness of the minimum
functional standards for new landfills in lessening surface
water and ground water contamination, and a comparison
with the effectiveness of the prior standards;
(3) An analysis of the costs of conforming with the new
functional standards for new landfills compared with the
costs of conforming to the prior standards; and
(4) Proposals for methods of financing the costs of conforming with the new functional standards. [1986 c 81 § 1.]
(2004 Ed.)
70.95.090
70.95.080
70.95.080 County comprehensive solid waste management plan—Joint plans—Duties of cities. Each county
within the state, in cooperation with the various cities located
within such county, shall prepare a coordinated, comprehensive solid waste management plan. Such plan may cover two
or more counties.
Each city shall:
(1) Prepare and deliver to the county auditor of the
county in which it is located its plan for its own solid waste
management for integration into the comprehensive county
plan; or
(2) Enter into an agreement with the county pursuant to
which the city shall participate in preparing a joint citycounty plan for solid waste management; or
(3) Authorize the county to prepare a plan for the city's
solid waste management for inclusion in the comprehensive
county plan.
Two or more cities may prepare a plan for inclusion in
the county plan. With prior notification of its home county of
its intent, a city in one county may enter into an agreement
with a city in an adjoining county, or with an adjoining
county, or both, to prepare a joint plan for solid waste management to become part of the comprehensive plan of both
counties.
After consultation with representatives of the cities and
counties, the department shall establish a schedule for the
development of the comprehensive plans for solid waste
management. In preparing such a schedule, the department
shall take into account the probable cost of such plans to the
cities and counties.
Local governments shall not be required to include a
hazardous waste element in their solid waste management
plans. [1985 c 448 § 17; 1969 ex.s. c 134 § 8.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.95.090
70.95.090 County and city comprehensive solid waste
management plans—Contents. Each county and city comprehensive solid waste management plan shall include the
following:
(1) A detailed inventory and description of all existing
solid waste handling facilities including an inventory of any
deficiencies in meeting current solid waste handling needs.
(2) The estimated long-range needs for solid waste handling facilities projected twenty years into the future.
(3) A program for the orderly development of solid
waste handling facilities in a manner consistent with the
plans for the entire county which shall:
(a) Meet the minimum functional standards for solid
waste handling adopted by the department and all laws and
regulations relating to air and water pollution, fire prevention, flood control, and protection of public health;
(b) Take into account the comprehensive land use plan of
each jurisdiction;
(c) Contain a six year construction and capital acquisition program for solid waste handling facilities; and
(d) Contain a plan for financing both capital costs and
operational expenditures of the proposed solid waste management system.
(4) A program for surveillance and control.
[Title 70 RCW—page 217]
70.95.092
Title 70 RCW: Public Health and Safety
(5) A current inventory and description of solid waste
collection needs and operations within each respective jurisdiction which shall include:
(a) Any franchise for solid waste collection granted by
the utilities and transportation commission in the respective
jurisdictions including the name of the holder of the franchise
and the address of his or her place of business and the area
covered by the franchise;
(b) Any city solid waste operation within the county and
the boundaries of such operation;
(c) The population density of each area serviced by a city
operation or by a franchised operation within the respective
jurisdictions;
(d) The projected solid waste collection needs for the
respective jurisdictions for the next six years.
(6) A comprehensive waste reduction and recycling element that, in accordance with the priorities established in
RCW 70.95.010, provides programs that (a) reduce the
amount of waste generated, (b) provide incentives and mechanisms for source separation, and (c) establish recycling
opportunities for the source separated waste.
(7) The waste reduction and recycling element shall
include the following:
(a) Waste reduction strategies;
(b) Source separation strategies, including:
(i) Programs for the collection of source separated materials from residences in urban and rural areas. In urban areas,
these programs shall include collection of source separated
recyclable materials from single and multiple family residences, unless the department approves an alternative program, according to the criteria in the planning guidelines.
Such criteria shall include: Anticipated recovery rates and
levels of public participation, availability of environmentally
sound disposal capacity, access to markets for recyclable
materials, unreasonable cost impacts on the ratepayer over
the six-year planning period, utilization of environmentally
sound waste reduction and recycling technologies, and other
factors as appropriate. In rural areas, these programs shall
include but not be limited to drop-off boxes, buy-back centers, or a combination of both, at each solid waste transfer,
processing, or disposal site, or at locations convenient to the
residents of the county. The drop-off boxes and buy-back
centers may be owned or operated by public, nonprofit, or
private persons;
(ii) Programs to monitor the collection of source separated waste at nonresidential sites where there is sufficient
density to sustain a program;
(iii) Programs to collect yard waste, if the county or city
submitting the plan finds that there are adequate markets or
capacity for composted yard waste within or near the service
area to consume the majority of the material collected; and
(iv) Programs to educate and promote the concepts of
waste reduction and recycling;
(c) Recycling strategies, including a description of markets for recyclables, a review of waste generation trends, a
description of waste composition, a discussion and description of existing programs and any additional programs
needed to assist public and private sector recycling, and an
implementation schedule for the designation of specific
materials to be collected for recycling, and for the provision
of recycling collection services;
[Title 70 RCW—page 218]
(d) Other information the county or city submitting the
plan determines is necessary.
(8) An assessment of the plan's impact on the costs of
solid waste collection. The assessment shall be prepared in
conformance with guidelines established by the utilities and
transportation commission. The commission shall cooperate
with the Washington state association of counties and the
association of Washington cities in establishing such guidelines.
(9) A review of potential areas that meet the criteria as
outlined in RCW 70.95.165. [1991 c 298 § 3; 1989 c 431 § 3;
1984 c 123 § 5; 1971 ex.s. c 293 § 1; 1969 ex.s. c 134 § 9.]
Finding—1991 c 298: See note following RCW 70.95.030.
Certain provisions not to detract from utilities and transportation commission powers, duties, and functions: RCW 80.01.300.
70.95.092
70.95.092 County and city comprehensive solid waste
management plans—Levels of service, reduction and
recycling. Levels of service shall be defined in the waste
reduction and recycling element of each local comprehensive
solid waste management plan and shall include the services
set forth in RCW 70.95.090. In determining which service
level is provided to residential and nonresidential waste generators in each community, counties and cities shall develop
clear criteria for designating areas as urban or rural. In designating urban areas, local governments shall consider the planning guidelines adopted by the department, total population,
population density, and any applicable land use or utility service plans. [1989 c 431 § 4.]
70.95.094
70.95.094 County and city comprehensive solid waste
management plans—Review and approval process. (1)
The department and local governments preparing plans are
encouraged to work cooperatively during plan development.
Each county and city preparing a comprehensive solid waste
management plan shall submit a preliminary draft plan to the
department for technical review. The department shall review
and comment on the draft plan within one hundred twenty
days of receipt. The department's comments shall state specific actions or revisions that must be completed for plan
approval.
(2) Each final draft solid waste management plan shall
be submitted to the department for approval. The department
will limit its comments on the final draft plans to those issues
identified during its review of the draft plan and any other
changes made between submittal of the preliminary draft and
final draft plans. Disapproval of the local comprehensive
solid waste management plan shall be supported by specific
findings. A final draft plan shall be deemed approved if the
department does not disapprove it within forty-five days of
receipt.
(3) If the department disapproves a plan or any plan
amendments, the submitting entity may appeal the decision
under the procedures of Part IV of chapter 34.05 RCW. An
administrative law judge shall preside over the appeal. The
appeal shall be limited to review of the specific findings
which supported the disapproval under subsection (2) of this
section. [1989 c 431 § 8.]
(2004 Ed.)
Solid Waste Management—Reduction and Recycling
70.95.096 Utilities and transportation commission to
review local plan's assessment of cost impacts on rates.
Upon receipt, the department shall immediately provide the
utilities and transportation commission with a copy of each
preliminary draft local comprehensive solid waste management plan. Within forty-five days after receiving a plan, the
commission shall have reviewed the plan's assessment of
solid waste collection cost impacts on rates charged by solid
waste collection companies regulated under chapter 81.77
RCW and shall advise the county or city submitting the plan
and the department of the probable effect of the plan's recommendations on those rates. [1989 c 431 § 12.]
70.95.096
70.95.100
70.95.100 Technical assistance for plan preparation—Guidelines—Informational materials and programs. (1) The department or the commission, as appropriate, shall provide to counties and cities technical assistance
including, but not limited to, planning guidelines, in the preparation, review, and revision of solid waste management
plans required by this chapter. Guidelines prepared under this
section shall be consistent with the provisions of this chapter.
Guidelines for the preparation of the waste reduction and
recycling element of the comprehensive solid waste management plan shall be completed by the department by March 15,
1990. These guidelines shall provide recommendations to
local government on materials to be considered for designation as recyclable materials. The state solid waste management plan prepared pursuant to RCW 70.95.260 shall be consistent with these guidelines.
(2) The department shall be responsible for development
and implementation of a comprehensive statewide public
information program designed to encourage waste reduction,
source separation, and recycling by the public. The department shall operate a toll free hot line to provide the public
information on waste reduction and recycling.
(3) The department shall provide technical assistance to
local governments in the development and dissemination of
informational materials and related activities to assure recognition of unique local waste reduction and recycling programs.
(4) Local governments shall make all materials and
information developed with the assistance grants provided
under RCW 70.95.130 available to the department for potential use in other areas of the state. [1989 c 431 § 6; 1984 c 123
§ 6; 1969 ex.s. c 134 § 10.]
70.95.110
70.95.110 Maintenance of plans—Review, revisions—Implementation of source separation programs.
(1) The comprehensive county solid waste management plans
and any comprehensive city solid waste management plans
prepared in accordance with RCW 70.95.080 shall be maintained in a current condition and reviewed and revised periodically by counties and cities as may be required by the
department. Upon each review such plans shall be extended
to show long-range needs for solid waste handling facilities
for twenty years in the future, and a revised construction and
capital acquisition program for six years in the future. Each
revised solid waste management plan shall be submitted to
the department.
Each plan shall be reviewed and revised within five
years of July 1, 1984, and thereafter shall be reviewed, and
(2004 Ed.)
70.95.140
revised if necessary according to the schedule provided in
subsection (2) of this section.
(2) Cities and counties preparing solid waste management plans shall submit the waste reduction and recycling
element required in RCW 70.95.090 and any revisions to
other elements of its comprehensive solid waste management
plan to the department no later than:
(a) July 1, 1991, for class one areas: PROVIDED, That
portions relating to multiple family residences shall be submitted no later than July 1, 1992;
(b) July 1, 1992, for class two areas; and
(c) July 1, 1994, for class three areas.
Thereafter, each plan shall be reviewed and revised, if
necessary, at least every five years. Nothing in chapter 431,
Laws of 1989 shall prohibit local governments from submitting a plan prior to the dates listed in this subsection.
(3) The classes of areas are defined as follows:
(a) Class one areas are the counties of Spokane, Snohomish, King, Pierce, and Kitsap and all the cities therein.
(b) Class two areas are all other counties located west of
the crest of the Cascade mountains and all the cities therein.
(c) Class three areas are the counties east of the crest of
the Cascade mountains and all the cities therein, except for
Spokane county.
(4) Cities and counties shall begin implementing the programs to collect source separated materials no later than one
year following the adoption and approval of the waste reduction and recycling element and these programs shall be fully
implemented within two years of approval. [1991 c 298 § 4;
1989 c 431 § 5; 1984 c 123 § 7; 1969 ex.s. c 134 § 11.]
Finding—1991 c 298: See note following RCW 70.95.030.
70.95.130
70.95.130 Financial aid to counties and cities. Any
county may apply to the department on a form prescribed
thereby for financial aid for the preparation of the comprehensive county plan for solid waste management required by
RCW 70.95.080. Any city electing to prepare an independent
city plan, a joint city plan, or a joint county-city plan for solid
waste management for inclusion in the county comprehensive plan may apply for financial aid for such purpose
through the county. Every city application for financial aid
for planning shall be filed with the county auditor and shall
be included as a part of the county's application for financial
aid. Any city preparing an independent plan shall provide for
disposal sites wholly within its jurisdiction.
The department shall allocate to the counties and cities
applying for financial aid for planning, such funds as may be
available pursuant to legislative appropriations or from any
federal grants for such purpose.
The department shall determine priorities and allocate
available funds among the counties and cities applying for
aid according to criteria established by regulations of the
department considering population, urban development,
environmental effects of waste disposal, existing waste handling practices, and the local justification of their proposed
expenditures. [1969 ex.s. c 134 § 13.]
70.95.140
70.95.140 Matching requirements. Counties and cities shall match their planning aid allocated by the director by
an amount not less than twenty-five percent of the estimated
[Title 70 RCW—page 219]
70.95.150
Title 70 RCW: Public Health and Safety
cost of such planning. Any federal planning aid made directly
to a county or city shall not be considered either a state or
local contribution in determining local matching requirements. Counties and cities may meet their share of planning
costs by cash and contributed services. [1969 ex.s. c 134 §
14.]
70.95.150
70.95.150 Contracts with counties to assure proper
expenditures. Upon the allocation of planning funds as provided in RCW 70.95.130, the department shall enter into a
contract with each county receiving a planning grant. The
contract shall include such provisions as the director may
deem necessary to assure the proper expenditure of such
funds including allocations made to cities. The sum allocated
to a county shall be paid to the treasurer of such county.
[1969 ex.s. c 134 § 15.]
70.95.160
70.95.160 Local board of health regulations to implement the comprehensive plan—Section not to be construed to authorize counties to operate system. Each
county, or any city, or jurisdictional board of health shall
adopt regulations or ordinances governing solid waste handling implementing the comprehensive solid waste management plan covering storage, collection, transportation, treatment, utilization, processing and final disposal including but
not limited to the issuance of permits and the establishment of
minimum levels and types of service for any aspect of solid
waste handling. County regulations or ordinances adopted
regarding levels and types of service shall not apply within
the limits of any city where the city has by local ordinance
determined that the county shall not exercise such powers
within the corporate limits of the city. Such regulations or
ordinances shall assure that solid waste storage and disposal
facilities are located, maintained, and operated in a manner so
as properly to protect the public health, prevent air and water
pollution, are consistent with the priorities established in
RCW 70.95.010, and avoid the creation of nuisances. Such
regulations or ordinances may be more stringent than the
minimum functional standards adopted by the department.
Regulations or ordinances adopted by counties, cities, or
jurisdictional boards of health shall be filed with the department.
Nothing in this section shall be construed to authorize
the operation of a solid waste collection system by counties.
[1989 c 431 § 10; 1988 c 127 § 29; 1969 ex.s. c 134 § 16.]
70.95.163
70.95.163 Local health departments may contract
with the department of ecology. Any jurisdictional health
department and the department of ecology may enter into an
agreement providing for the exercise by the department of
ecology of any power that is specified in the contract and that
is granted to the jurisdictional health department under this
chapter. However, the jurisdictional health department shall
have the approval of the legislative authority or authorities it
serves before entering into any such agreement with the
department of ecology. [1989 c 431 § 16.]
70.95.165
70.95.165 Solid waste disposal facility siting—Site
review—Local solid waste advisory committees—Membership. (1) Each county or city siting a solid waste disposal
[Title 70 RCW—page 220]
facility shall review each potential site for conformance with
the standards as set by the department for:
(a) Geology;
(b) Ground water;
(c) Soil;
(d) Flooding;
(e) Surface water;
(f) Slope;
(g) Cover material;
(h) Capacity;
(i) Climatic factors;
(j) Land use;
(k) Toxic air emissions; and
(l) Other factors as determined by the department.
(2) The standards in subsection (1) of this section shall
be designed to use the best available technology to protect the
environment and human health, and shall be revised periodically to reflect new technology and information.
(3) Each county shall establish a local solid waste advisory committee to assist in the development of programs and
policies concerning solid waste handling and disposal and to
review and comment upon proposed rules, policies, or ordinances prior to their adoption. Such committees shall consist
of a minimum of nine members and shall represent a balance
of interests including, but not limited to, citizens, public
interest groups, business, the waste management industry,
and local elected public officials. The members shall be
appointed by the county legislative authority. A county or
city shall not apply for funds from the state and local
improvements revolving account, Waste Disposal Facilities,
1980, under chapter 43.99F RCW, for the preparation,
update, or major amendment of a comprehensive solid waste
management plan unless the plan or revision has been prepared with the active assistance and participation of a local
solid waste advisory committee. [1989 c 431 § 11; 1984 c
123 § 4.]
70.95.167
70.95.167 Private businesses involvement in source
separated materials—Local solid waste advisory committee to examine. (1) Each local solid waste advisory committee shall conduct one or more meetings for the purpose of
determining how local private recycling and solid waste collection businesses may participate in the development and
implementation of programs to collect source separated
materials from residences, and to process and market materials collected for recycling. The meetings shall include local
private recycling businesses, private solid waste collection
companies operating within the jurisdiction, and the local
solid waste planning agencies. The meetings shall be held
during the development of the waste reduction and recycling
element or no later than one year prior to the date that a jurisdiction is required [to] submit the element under RCW
70.95.110(2).
(2) The meeting requirement under subsection (1) of this
section shall apply whenever a city or county develops or
amends the waste reduction and recycling element required
under this chapter. Jurisdictions having approved waste
reduction and recycling elements or having initiated a process for the selection of a service provider as of May 21,
1991, do not have to comply with the requirements of subsec(2004 Ed.)
Solid Waste Management—Reduction and Recycling
tion (1) of this section until the next revisions to the waste
reduction and recycling element are made or required.
(3) After the waste reduction and recycling element is
approved by the local legislative authority but before it is
submitted to the department for approval, the local solid
waste advisory committee shall hold at least one additional
meeting to review the element.
(4) For the purpose of this section, "private recycling
business" means any private for-profit or private not-forprofit business that engages in the processing and marketing
of recyclable materials. [1991 c 319 § 402.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
70.95.170
70.95.170 Permit for solid waste handling facility—
Required. Except as provided otherwise in RCW 70.95.305
or 70.95.310, after approval of the comprehensive solid waste
plan by the department no solid waste handling facility or
facilities shall be maintained, established, or modified until
the county, city, or other person operating such site has
obtained a permit pursuant to RCW 70.95.180 or 70.95.190.
[1998 c 156 § 3; 1997 c 213 § 2; 1969 ex.s. c 134 § 17.]
70.95.180
70.95.180 Permit for solid waste handling facility—
Applications, fee. (1) Applications for permits to operate a
new or modified solid waste handling facility shall be on
forms prescribed by the department and shall contain a
description of the proposed facilities and operations at the
site, plans and specifications for any new or additional facilities to be constructed, and such other information as the jurisdictional health department may deem necessary in order to
determine whether the site and solid waste disposal facilities
located thereon will comply with local and state regulations.
(2) Upon receipt of an application for a permit to establish or modify a solid waste handling facility, the jurisdictional health department shall refer one copy of the application to the department which shall report its findings to the
jurisdictional health department.
(3) The jurisdictional health department shall investigate
every application as may be necessary to determine whether
a proposed or modified site and facilities meet all solid waste,
air, and other applicable laws and regulations, and conforms
with the approved comprehensive solid waste handling plan,
and complies with all zoning requirements.
(4) When the jurisdictional health department finds that
the permit should be issued, it shall issue such permit. Every
application shall be approved or disapproved within ninety
days after its receipt by the jurisdictional health department.
(5) The jurisdictional board of health may establish reasonable fees for permits and renewal of permits. All permit
fees collected by the health department shall be deposited in
the treasury and to the account from which the health department's operating expenses are paid. [1997 c 213 § 3; 1988 c
127 § 30; 1969 ex.s. c 134 § 18.]
70.95.185
70.95.185 Permit for solid waste disposal site or facilities—Review by department—Appeal of issuance—
Validity of permits issued after June 7, 1984. Every permit
issued by a jurisdictional health department under RCW
(2004 Ed.)
70.95.205
70.95.180 shall be reviewed by the department to ensure that
the proposed site or facility conforms with:
(1) All applicable laws and regulations including the
minimal functional standards for solid waste handling; and
(2) The approved comprehensive solid waste management plan.
The department shall review the permit within thirty
days after the issuance of the permit by the jurisdictional
health department. The department may appeal the issuance
of the permit by the jurisdictional health department to the
pollution control hearings board, as described in chapter
43.21B RCW, for noncompliance with subsection (1) or (2)
of this section.
No permit issued pursuant to RCW 70.95.180 after June
7, 1984, shall be considered valid unless it has been reviewed
by the department. [1984 c 123 § 8.]
70.95.190
70.95.190 Permit for solid waste handling facility—
Renewal—Appeal—Validity of renewal—Review fees.
(1) Every permit for an existing solid waste handling facility
issued pursuant to RCW 70.95.180 shall be renewed at least
every five years on a date established by the jurisdictional
health department having jurisdiction of the site and as specified in the permit. If a permit is to be renewed for longer than
one year, the local jurisdictional health department may hold
a public hearing before making such a decision. Prior to
renewing a permit, the health department shall conduct a
review as it deems necessary to assure that the solid waste
handling facility or facilities located on the site continues to
meet minimum functional standards of the department, applicable local regulations, and are not in conflict with the
approved solid waste management plan. A jurisdictional
health department shall approve or disapprove a permit
renewal within forty-five days of conducting its review. The
department shall review and may appeal the renewal as set
forth for the approval of permits in RCW 70.95.185.
(2) The jurisdictional board of health may establish reasonable fees for permits reviewed under this section. All permit fees collected by the health department shall be deposited
in the treasury and to the account from which the health
department's operating expenses are paid. [1998 c 156 § 4;
1997 c 213 § 4; 1984 c 123 § 9; 1969 ex.s. c 134 § 19.]
70.95.200
70.95.200 Permit for solid waste disposal site or facilities—Suspension. Any permit for a solid waste disposal
site issued as provided herein shall be subject to suspension at
any time the jurisdictional health department determines that
the site or the solid waste disposal facilities located on the site
are being operated in violation of this chapter, or the regulations of the department or local laws and regulations. [1969
ex.s. c 134 § 20.]
70.95.205
70.95.205 Exemption from solid waste permit
requirements—Waste-derived soil amendments—Application—Revocation of exemption—Appeal. (1) Wastederived soil amendments that meet the standards and criteria
in this section may apply for exemption from solid waste permitting as required under RCW 70.95.170. The application
shall be submitted to the department in a format determined
[Title 70 RCW—page 221]
70.95.210
Title 70 RCW: Public Health and Safety
by the department or an equivalent format. The application
shall include:
(a) Analytical data showing that the waste-derived soil
amendments meet standards established under RCW
15.54.800; and
(b) Other information deemed appropriate by the department to protect human health and the environment.
(2) After receipt of an application, the department shall
review it to determine whether the application is complete,
and forward a copy of the complete application to all interested jurisdictional health departments for review and comment. Within forty-five days, the jurisdictional health departments shall forward their comments and any other information they deem relevant to the department, which shall then
give final approval or disapproval of the application. Every
complete application shall be approved or disapproved by the
department within ninety days after receipt.
(3) The department, after providing opportunity for comments from the jurisdictional health departments, may at any
time revoke an exemption granted under this section if the
quality or use of the waste-derived soil amendment changes
or the management, storage, or end use of the waste-derived
soil amendment constitutes a threat to human health or the
environment.
(4) Any aggrieved party may appeal the determination
by the department in subsection (2) or (3) of this section to
the pollution control hearings board. [1998 c 36 § 18.]
Intent—1998 c 36: See RCW 15.54.265.
Short title—1998 c 36: See note following RCW 15.54.265.
70.95.210
70.95.210 Hearing—Appeal—Denial, suspension—
When effective. Whenever the jurisdictional health department denies a permit or suspends a permit for a solid waste
disposal site, it shall, upon request of the applicant or holder
of the permit, grant a hearing on such denial or suspension
within thirty days after the request therefor is made. Notice of
the hearing shall be given [to] all interested parties including
the county or city having jurisdiction over the site and the
department. Within thirty days after the hearing, the health
officer shall notify the applicant or the holder of the permit in
writing of his determination and the reasons therefor. Any
party aggrieved by such determination may appeal to the pollution control hearings board by filing with the hearings
board a notice of appeal within thirty days after receipt of
notice of the determination of the health officer. The hearings
board shall hold a hearing in accordance with the provisions
of the Administrative Procedure Act, chapter 34.05 RCW. If
the jurisdictional health department denies a permit renewal
or suspends a permit for an operating waste recycling facility
that receives waste from more than one city or county, and
the applicant or holder of the permit requests a hearing or
files an appeal under this section, the permit denial or suspension shall not be effective until the completion of the appeal
process under this section, unless the jurisdictional health
department declares that continued operation of the waste
recycling facility poses a very probable threat to human
health and the environment. [1998 c 90 § 3; 1987 c 109 § 21;
1969 ex.s. c 134 § 21.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
[Title 70 RCW—page 222]
70.95.212
70.95.212 Solid waste collection companies—Notice
of changes in tipping fees and disposal rate schedules. To
provide solid waste collection companies with sufficient time
to prepare and submit tariffs and rate filings for public comment and commission approval, the owner or operator of a
transfer station, landfill, or facility used to burn solid waste
shall provide seventy-five days' notice to solid waste collection companies of any change in tipping fees and disposal
rate schedules. The notice period shall begin on the date individual notice to a collection company is delivered to the company or is postmarked.
A collection company may agree to a shorter notice
period: PROVIDED, That such agreement by a company
shall not affect the notice requirements for rate filings under
RCW 81.28.050.
The owner of a transfer station, landfill or facility used to
burn solid waste may agree to provide companies with a
longer notice period.
"Solid waste collection companies" as used in this section means the companies regulated by the commission pursuant to chapter 81.77 RCW. [1993 c 300 § 3.]
70.95.215
70.95.215 Landfill disposal facilities—Reserve
accounts required by July 1, 1987—Exception—Rules.
(1) By July 1, 1987, each holder or applicant of a permit for a
landfill disposal facility issued under this chapter shall establish a reserve account to cover the costs of closing the facility
in accordance with state and federal regulations. The account
shall be designed to ensure that there will be adequate revenue available by the projected date of closure. A landfill disposal facility maintained on private property for the sole use
of the entity owning the site and a landfill disposal facility
operated and maintained by a government shall not be
required to establish a reserve account if, to the satisfaction of
the department, the entity or government provides another
form of financial assurance adequate to comply with the
requirements of this section.
(2) By July 1, 1986, the department shall adopt rules
under chapter 34.05 RCW to implement subsection (1) of this
section. The department is not required to adopt rules pertaining to other approved forms of financial assurance to cover
the costs of closing a landfill disposal facility. The rules shall
include but not be limited to:
(a) Methods to estimate closure costs, including postclosure monitoring, pollution prevention measures, and any
other procedures required under state and federal regulations;
(b) Methods to ensure that reserve accounts receive adequate funds, including:
(i) Requirements that the reserve account be generated
by user fees. However, the department may waive this
requirement for existing landfills if user fees would be prohibitively high;
(ii) Requirements that moneys be placed in the reserve
account on a regular basis and that the reserve account be
kept separate from all other accounts; and
(iii) Procedures for the department to verify that adequate sums are deposited in the reserve account; and
(c) Methods to ensure that other types of financial assurance provided in accordance with subsection (1) of this section are adequate to cover the costs of closing the facility.
[2000 c 114 § 1; 1985 c 436 § 1.]
(2004 Ed.)
Solid Waste Management—Reduction and Recycling
70.95.217
70.95.217 Waste generated outside the state—Findings. The legislature finds that:
(1) The state of Washington has responded to the
increasing challenges of safe, affordable disposal of solid
waste by an ambitious program of waste reduction, recycling
and reuse, as well as strict standards to ensure the safe handling, transportation, and disposal of solid waste;
(2) All communities in Washington participate in these
programs through locally available recycling services,
increased source separation and material recovery requirements, programs for waste reduction and product reuse, and
performance standards that apply to all solid waste disposal
facilities in the state;
(3) New requirements for the siting and performance of
disposal facilities have greatly decreased the number of such
facilities in Washington, and the state has a significant interest in ensuring adequate disposal capacity within the state;
(4) The landfilling, incineration, and other disposal of
solid waste may adversely impact public health and environmental quality, and the state has a significant interest in
decreasing volumes of the waste stream destined for disposal;
(5) Because of the decreasing number of disposal facilities and other reasons, solid waste is being transported greater
distances, often beyond the community where generated and
is increasingly being transported between states;
(6) Washington's waste management priorities and programs are a balanced approach of increased reuse, recycling
and waste reduction, the strengthening of markets for recycled content products, and the safe disposal of the remaining
waste stream, with the costs of these programs shared equitably by all persons generating waste in the state;
(7) Those residing in other states who generate waste
destined for disposal within Washington should also share
the costs of waste diversion and management of Washington's disposal facilities, so that the risks of waste disposal and
the costs of mitigating those risks are shared equitably by all
waste generators, regardless of their location;
(8) Because Washington state may not directly regulate
waste handling, reduction, and recycling activities beyond its
state boundaries, the only reasonable alternative to ensure
this equitable treatment of waste being disposed within
Washington is to implement a program of reviewing such
activities as to waste originating outside of Washington, and
to assign the additional costs, when necessary, to ensure that
the waste meets standards substantially equivalent to those
applicable to waste generated within the state, and, in some
cases, to prohibit disposal of waste where its generation and
management is not subject to standards substantially equivalent to those applicable to waste generated within the state.
[1993 c 286 § 1.]
Severability—1993 c 286: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 286 § 3.]
Effective date—1993 c 286: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 12, 1993]." [1993 c 286 § 4.]
70.95.218
70.95.218 Waste generated outside the state—Solid
waste disposal site facility reporting requirements—Fees.
(1) At least sixty days prior to receiving solid waste generated
(2004 Ed.)
70.95.230
from outside of the state, the operator of a solid waste disposal site facility shall report to the department the types and
quantities of waste to be received from an out-of-state source.
The department shall develop guidelines for reporting this
information. The guidelines shall provide for less than sixty
days notice for shipments of waste made on a short-term or
emergency basis. The requirements of this subsection shall
take effect upon completion of the guidelines.
(2) Upon notice under subsection (1) of this section, the
department shall identify all activities and costs necessary to
ensure that solid waste generated out-of-state meets standards
relating to solid waste reduction, recycling, and management
substantially equivalent to those required of solid waste generated within the state. The department may assess a fee on
the out-of-state waste sufficient to recover the actual costs
incurred in ensuring that the out-of-state waste meets equivalent state standards. The department may delegate, to a local
health department, authority to implement the activities identified by the department under this subsection. All money
received from fees imposed under this subsection shall be
deposited into the solid waste management account created
by *RCW 70.95.800, and shall be used solely for the activities required by this section.
(3) The department may prohibit in-state disposal of
solid waste generated from outside of the state, unless the
generators of the waste meet: (a) Waste reduction and recycling requirements substantially equivalent to those applicable in Washington state; and (b) solid waste handling standards substantially equivalent to those applicable in Washington state.
(4) The department may adopt rules to implement this
section. [1993 c 286 § 2.]
*Reviser's note: RCW 70.95.800 was repealed by 2000 c 150 § 2,
effective July 1, 2001.
Severability—Effective date—1993 c 286: See notes following RCW
70.95.217.
70.95.220
70.95.220 Financial aid to jurisdictional health
departments—Applications—Allocations. Any jurisdictional health department may apply to the department for
financial aid for the enforcement of rules and regulations promulgated under this chapter. Such application shall contain
such information, including budget and program description,
as may be prescribed by regulations of the department.
After receipt of such applications the department may
allocate available funds according to criteria established by
regulations of the department considering population, urban
development, the number of the disposal sites, and geographical area.
The sum allocated to a jurisdictional health department
shall be paid to the treasury from which the operating
expenses of the health department are paid, and shall be used
exclusively for inspections and administrative expenses necessary to enforce applicable regulations. [1969 ex.s. c 134 §
22.]
70.95.230
70.95.230 Financial aid to jurisdictional health
departments—Matching funds requirements. The jurisdictional health department applying for state assistance for
the enforcement of this chapter shall match such aid allocated
by the department in an amount not less than twenty-five per[Title 70 RCW—page 223]
70.95.235
Title 70 RCW: Public Health and Safety
cent of the total amount spent for such enforcement activity
during the year. The local share of enforcement costs may be
met by cash and contributed services. [1969 ex.s. c 134 § 23.]
70.95.235
70.95.235 Diversion of recyclable material—Penalty.
(1) No person may divert to personal use any recyclable
material placed in a container as part of a recycling program,
without the consent of the generator of such recyclable material or the solid waste collection company operating under the
authority of a town, city, county, or the utilities and transportation commission, and no person may divert to commercial
use any recyclable material placed in a container as part of a
recycling program, without the consent of the person owning
or operating such container.
(2) A violation of subsection (1) of this section is a class
1 civil infraction under chapter 7.80 RCW. Each violation of
this section shall be a separate infraction. [1991 c 319 § 407.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
70.95.240
70.95.240 Unlawful to dump or deposit solid waste
without permit—Penalties—Litter cleanup restitution
payment. (1) After the adoption of regulations or ordinances
by any county, city, or jurisdictional board of health providing for the issuance of permits as provided in RCW
70.95.160, it shall be unlawful for any person to dump or
deposit or permit the dumping or depositing of any solid
waste onto or under the surface of the ground or into the
waters of this state except at a solid waste disposal site for
which there is a valid permit. This section does not:
(a) Prohibit a person from dumping or depositing solid
waste resulting from his or her own activities onto or under
the surface of ground owned or leased by him or her when
such action does not violate statutes or ordinances, or create a
nuisance;
(b) Apply to a person using a waste-derived soil amendment that has been approved by the department under RCW
70.95.205; or
(c) Apply to the application of commercial fertilizer that
has been registered with the department of agriculture as provided in RCW 15.54.325, and that is applied in accordance
with the standards established in RCW 15.54.800(3).
(2)(a) It is a class 3 civil infraction as defined in RCW
7.80.120 for a person to litter in an amount less than or equal
to one cubic foot.
(b) It is a misdemeanor for a person to litter in an amount
greater than one cubic foot but less than one cubic yard. The
person shall also pay a litter cleanup restitution payment
equal to twice the actual cost of cleanup, or fifty dollars per
cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner
and one-half of the restitution payment to the jurisdictional
health department investigating the incident. The court may,
in addition to or in lieu of part or all of the cleanup restitution
payment, order the person to pick up and remove litter from
the property, with prior permission of the legal owner or, in
the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if
the person cleans up and properly disposes of the litter.
[Title 70 RCW—page 224]
(c) It is a gross misdemeanor for a person to litter in an
amount of one cubic yard or more. The person shall also pay
a litter cleanup restitution payment equal to twice the actual
cost of cleanup, or one hundred dollars per cubic foot of litter,
whichever is greater. The court shall distribute one-half of the
restitution payment to the landowner and one-half of the restitution payment to the jurisdictional health department
investigating the incident. The court may, in addition to or in
lieu of part or all of the cleanup restitution payment, order the
person to pick up and remove litter from the property, with
prior permission of the legal owner or, in the case of public
property, of the agency managing the property. The court
may suspend or modify the litter cleanup restitution payment
for a first-time offender under this section, if the person
cleans up and properly disposes of the litter.
(d) If a junk vehicle is abandoned in violation of this
chapter, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against
the person who abandoned the vehicle. [2001 c 139 § 2; 2000
c 154 § 3; 1998 c 36 § 19; 1997 c 427 § 4; 1993 c 292 § 3;
1969 ex.s. c 134 § 24.]
Severability—2000 c 154: See note following RCW 70.93.030.
Intent—1998 c 36: See RCW 15.54.265.
Short title—1998 c 36: See note following RCW 15.54.265.
70.95.250
70.95.250 Name appearing on waste material—Presumption. Whenever solid wastes dumped in violation of
RCW 70.95.240 contain three or more items bearing the
name of one individual, there shall be a rebuttable presumption that the individual whose name appears on such items
committed the unlawful act of dumping. [1969 ex.s. c 134 §
25.]
70.95.255
70.95.255 Disposal of sewage sludge or septic tank
sludge prohibited—Exemptions—Uses of sludge material
permitted. After January 1, 1988, the department of ecology
may prohibit disposal of sewage sludge or septic tank sludge
(septage) in landfills for final disposal, except on a temporary, emergency basis, if the jurisdictional health department
determines that a potentially unhealthful circumstance exists.
Beneficial uses of sludge in landfill reclamation is acceptable
utilization and not considered disposal.
The department of ecology shall adopt rules that provide
exemptions from this section on a case-by-case basis.
Exemptions shall be based on the economic infeasibility of
using or disposing of the sludge material other than in a landfill.
The department of ecology, in conjunction with the
department of health and the department of agriculture, shall
adopt rules establishing labeling and notification requirements for sludge material sold commercially or given away
to the public. The department shall specify mandatory wording for labels and notification to warn the public against
improper use of the material. [1992 c 174 § 15; 1986 c 297 §
1.]
70.95.260
70.95.260 Duties of department—State solid waste
management plan—Assistance—Coordination—Tire
recycling. The department shall in addition to its other powers and duties:
(2004 Ed.)
Solid Waste Management—Reduction and Recycling
(1) Cooperate with the appropriate federal, state, interstate and local units of government and with appropriate private organizations in carrying out the provisions of this chapter.
(2) Coordinate the development of a solid waste management plan for all areas of the state in cooperation with local
government, the department of community, trade, and economic development, and other appropriate state and regional
agencies. The plan shall relate to solid waste management for
twenty years in the future and shall be reviewed biennially,
revised as necessary, and extended so that perpetually the
plan shall look to the future for twenty years as a guide in carrying out a state coordinated solid waste management program. The plan shall be developed into a single integrated
document and shall be adopted no later than October 1990.
The plan shall be revised regularly after its initial completion
so that local governments revising local comprehensive solid
waste management plans can take advantage of the data and
analysis in the state plan.
(3) Provide technical assistance to any person as well as
to cities, counties, and industries.
(4) Initiate, conduct, and support research, demonstration projects, and investigations, and coordinate research programs pertaining to solid waste management systems.
(5) Develop statewide programs to increase public
awareness of and participation in tire recycling, and to stimulate and encourage local private tire recycling centers and
public participation in tire recycling.
(6) May, under the provisions of the Administrative Procedure Act, chapter 34.05 RCW, as now or hereafter
amended, from time to time promulgate such rules and regulations as are necessary to carry out the purposes of this chapter. [1995 c 399 § 189; 1989 c 431 § 9. Prior: 1985 c 345 §
8; 1985 c 6 § 23; 1969 ex.s. c 134 § 26.]
Study—1989 c 431: "The institute for urban and local studies at Eastern Washington State University shall conduct a study of enforcement of
solid waste management laws and regulations as a component of the 1990
state solid waste management plan. This study shall include, but shall not be
limited to:
(1) A review of current state and local solid waste rules, requirements,
policies, and resources devoted to state and local solid waste enforcement,
and of the effectiveness of these programs in promoting environmental
health and public safety;
(2) An examination of federal regulations and the latest proposed
amendments to the Resource Conservation and Recovery Act, in subtitle D
of the code of federal regulations;
(3) A review of regulatory approaches used by other states;
(4) A review and evaluation of educational and technical assistance
programs related to enforcement;
(5) An inventory of regulatory compliance for all processing and disposal facilities handling mixed solid waste;
(6) A review of the role and effectiveness of other enforcement jurisdictions;
(7) An evaluation of the need for redefining institutional roles and
responsibilities for enforcement of solid waste management laws and regulations in order to establish public confidence in solid waste management systems and ensure public protection; and
(8) An evaluation of possible benefits in separating the solid waste
planning and technical assistance responsibilities from the enforcement
responsibilities within the department." [1989 c 431 § 96.]
70.95.263
70.95.263 Additional powers and duties of department. The department shall in addition to its other duties and
powers under this chapter:
(1) Prepare the following:
(2004 Ed.)
70.95.267
(a) A management system for recycling waste paper generated by state offices and institutions in cooperation with
such offices and institutions;
(b) An evaluation of existing and potential systems for
recovery of energy and materials from solid waste with recommendations to affected governmental agencies as to those
systems which would be the most appropriate for implementation;
(c) A data management system to evaluate and assist the
progress of state and local jurisdictions and private industry
in resource recovery;
(d) Identification of potential markets, in cooperation
with private industry, for recovered resources and the impact
of the distribution of such resources on existing markets;
(e) Studies on methods of transportation, collection,
reduction, separation, and packaging which will encourage
more efficient utilization of existing waste recovery facilities;
(f) Recommendations on incentives, including state
grants, loans, and other assistance, to local governments
which will encourage the recovery and recycling of solid
wastes.
(2) Provide technical information and assistance to state
and local jurisdictions, the public, and private industry on
solid waste recovery and/or recycling.
(3) Procure and expend funds available from federal
agencies and other sources to assist the implementation by
local governments of solid waste recovery and/or recycling
programs, and projects.
(4) Conduct necessary research and studies to carry out
the purposes of this chapter.
(5) Encourage and assist local governments and private
industry to develop pilot solid waste recovery and/or recycling projects.
(6) Monitor, assist with research, and collect data for use
in assessing feasibility for others to develop solid waste
recovery and/or recycling projects. [1998 c 245 § 131; 1975'76 2nd ex.s. c 41 § 5.]
70.95.265
70.95.265 Department to cooperate with public and
private departments, agencies and associations. The
department shall work closely with the department of community, trade, and economic development, the department of
general administration, and with other state departments and
agencies, the Washington state association of counties, the
association of Washington cities, and business associations,
to carry out the objectives and purposes of chapter 41, Laws
of 1975-'76 2nd ex. sess. [1995 c 399 § 190; 1985 c 466 § 69;
1975-'76 2nd ex.s. c 41 § 6.]
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
70.95.267
70.95.267 Department authorized to disburse referendum 26 (chapter 43.83A RCW) fund for local government solid waste projects. The department is authorized to
use referendum 26 (chapter 43.83A RCW) funds of the
Washington futures account to disburse to local governments
in developing solid waste recovery and/or recycling projects.
[1975-'76 2nd ex.s. c 41 § 10.]
[Title 70 RCW—page 225]
70.95.268
Title 70 RCW: Public Health and Safety
70.95.268 Department authorized to disburse funds
under chapter 43.99F RCW for local government solid
waste projects. The department is authorized to use funds
under chapter 43.99F RCW to disburse to local governments
in developing solid waste recovery or recycling projects. Priority shall be given to those projects that use incineration of
solid waste to produce energy and to recycling projects.
[1984 c 123 § 10.]
70.95.268
70.95.270 Hazardous substance remedial actions—
Procedural requirements not applicable. The procedural
requirements of this chapter shall not apply to any person
conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The
department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent
decree, order, or agreed order issued pursuant to chapter
70.105D RCW, or during the department-conducted remedial
action, through the procedures developed by the department
pursuant to RCW 70.105D.090. [1994 c 257 § 16.]
70.95.270
Severability—1994 c 257: See note following RCW 36.70A.270.
70.95.280 Determination of best solid waste management practices—Department to develop method to monitor waste stream—Collectors to report quantity and quality of waste—Confidentiality of proprietary information.
The department of ecology shall determine the best management practices for categories of solid waste in accordance
with the priority solid waste management methods established in RCW 70.95.010. In order to make this determination, the department shall conduct a comprehensive solid
waste stream analysis and evaluation. Following establishment of baseline data resulting from an initial in-depth analysis of the waste stream, the department shall develop a less
intensive method of monitoring the disposed waste stream
including, but not limited to, changes in the amount of waste
generated and waste type. The department shall monitor
curbside collection programs and other waste segregation and
disposal technologies to determine, to the extent possible, the
effectiveness of these programs in terms of cost and participation, their applicability to other locations, and their implications regarding rules adopted under this chapter. Persons
who collect solid waste shall annually report to the department the types and quantities of solid waste that are collected
and where it is delivered. The department shall adopt guidelines for reporting and for keeping proprietary information
confidential. [1989 c 431 § 13; 1988 c 184 § 1.]
70.95.280
Recovered materials transportation, utilities and transportation commission
to adopt rules for reporting under RCW 70.95.280: RCW 81.80.450.
70.95.285 Solid waste stream analysis. The comprehensive, statewide solid waste stream analysis under RCW
70.95.280 shall be based on representative solid waste generation areas and solid waste generation sources within the
state. The following information and evaluations shall be
included:
(1) Solid waste generation rates for each category;
(2) The rate of recycling being achieved within the state
for each category of solid waste;
70.95.285
[Title 70 RCW—page 226]
(3) The current and potential rates of solid waste reduction within the state;
(4) A technological assessment of current solid waste
reduction and recycling methods and systems, including
cost/benefit analyses;
(5) An assessment of the feasibility of segregating solid
waste at: (a) The original source, (b) transfer stations, and (c)
the point of final disposal;
(6) A review of methods that will increase the rate of
solid waste reduction; and
(7) An assessment of new and existing technologies that
are available for solid waste management including an analysis of the associated environmental risks and costs.
The data required by the analysis under this section shall
be kept current and shall be available to local governments
and the waste management industry. [1988 c 184 § 2.]
70.95.290
70.95.290 Solid waste stream evaluation. (1) The
evaluation of the solid waste stream required in RCW
70.95.280 shall include the following elements:
(a) The department shall determine which management
method for each category of solid waste will have the least
environmental impact; and
(b) The department shall evaluate the costs of various
management options for each category of solid waste, including a review of market availability, and shall take into consideration the economic impact on affected parties;
(c) Based on the results of (a) and (b) of this subsection,
the department shall determine the best management for each
category of solid waste. Different management methods for
the same categories of waste may be developed for different
parts of the state.
(2) The department shall give priority to evaluating categories of solid waste that, in relation to other categories of
solid waste, comprise a large volume of the solid waste
stream or present a high potential of harm to human health.
At a minimum the following categories of waste shall be
evaluated:
(a) By January 1, 1989, yard waste and other biodegradable materials, paper products, disposable diapers, and batteries; and
(b) By January 1, 1990, metals, glass, plastics, styrofoam
or rigid lightweight cellular polystyrene, and tires. [1988 c
184 § 3.]
70.95.295
70.95.295 Analysis and evaluation to be incorporated
in state solid waste management plan. The department
shall incorporate the information from the analysis and evaluation conducted under RCW 70.95.280 through 70.95.290
to the state solid waste management plan under RCW
70.95.260. The plan shall be revised periodically as the evaluation and analysis is updated. [1988 c 184 § 4.]
70.95.300
70.95.300 Solid waste—Beneficial uses—Permitting
requirement exemptions. (1) The department may by rule
exempt a solid waste from the permitting requirements of this
chapter for one or more beneficial uses. In adopting such
rules, the department shall specify both the solid waste that is
exempted from the permitting requirements and the beneficial use or uses for which the solid waste is so exempted. The
(2004 Ed.)
Solid Waste Management—Reduction and Recycling
department shall consider: (a) Whether the material will be
beneficially used or reused; and (b) whether the beneficial
use or reuse of the material will present threats to human
health or the environment.
(2) The department may also exempt a solid waste from
the permitting requirements of this chapter for one or more
beneficial uses by approving an application for such an
exemption. The department shall establish by rule procedures
under which a person may apply to the department for such
an exemption. The rules shall establish criteria for providing
such an exemption, which shall include, but not be limited to:
(a) The material will be beneficially used or reused; and (b)
the beneficial use or reuse of the material will not present
threats to human health or the environment. Rules adopted
under this subsection shall identify the information that an
application shall contain. Persons seeking such an exemption
shall apply to the department under the procedures established by the rules adopted under this subsection.
(3) After receipt of an application filed under rules
adopted under subsection (2) of this section, the department
shall review the application to determine whether it is complete, and forward a copy of the completed application to all
jurisdictional health departments for review and comment.
Within forty-five days, the jurisdictional health departments
shall forward to the department their comments and any other
information they deem relevant to the department's decision
to approve or disapprove the application. Every complete
application shall be approved or disapproved by the department within ninety days of receipt. If the application is
approved by the department, the solid waste is exempt from
the permitting requirements of this chapter when used anywhere in the state in the manner approved by the department.
If the composition, use, or reuse of the solid waste is not consistent with the terms and conditions of the department's
approval of the application, the use of the solid waste remains
subject to the permitting requirements of this chapter.
(4) The department shall establish procedures by rule for
providing to the public and the solid waste industry notice of
and an opportunity to comment on each application for an
exemption under subsection (2) of this section.
(5) Any jurisdictional health department or applicant
may appeal the decision of the department to approve or disapprove an application under subsection (3) of this section.
The appeal shall be made to the pollution control hearings
board by filing with the hearings board a notice of appeal
within thirty days of the decision of the department. The
hearings board's review of the decision shall be made in
accordance with chapter 43.21B RCW and any subsequent
appeal of a decision of the board shall be made in accordance
with RCW 43.21B.180.
(6) This section shall not be deemed to invalidate the
exemptions or determinations of nonapplicability in the
department's solid waste rules as they exist on June 11, 1998,
which exemptions and determinations are recognized and
confirmed subject to the department's continuing authority to
modify or revoke those exemptions or determinations by rule.
[1998 c 156 § 2.]
70.95.305
70.95.305 Solid waste handling permit—Exemption
from requirements—Application of section—Rules. (1)
Notwithstanding any other provision of this chapter, the
(2004 Ed.)
70.95.310
department may by rule exempt from the requirements to
obtain a solid waste handling permit any category of solid
waste handling facility that it determines to:
(a) Present little or no environmental risk; and
(b) Meet the environmental protection and performance
requirements required for other similar solid waste facilities.
(2) This section does not apply to any facility or category
of facilities that:
(a) Receives municipal solid waste destined for final disposal, including but not limited to transfer stations, landfills,
and incinerators;
(b) Applies putrescible solid waste on land for final disposal purposes;
(c) Handles mixed solid wastes that have not been processed to segregate solid waste materials destined for disposal from other solid waste materials destined for a beneficial use;
(d) Receives or processes organic waste materials into
compost in volumes that generally far exceed those handled
by municipal park departments, master gardening programs,
and households; or
(e) Receives solid waste destined for recycling or reuse,
the operation of which is determined by the department to
present risks to human health and the environment.
(3) Rules adopted under this section shall contain such
terms and conditions as the department deems necessary to
ensure compliance with applicable statutes and rules. If a
facility does not operate in compliance with the terms and
conditions established for an exemption under subsection (1)
of this section, the facility is subject to the permitting requirements for solid waste handling under this chapter.
(4) This section shall not be deemed to invalidate the
exemptions or determinations of nonapplicability in the
department's solid waste rules as they exist on June 11, 1998,
which exemptions and determinations are recognized and
confirmed subject to the department's continuing authority to
modify or revoke those exemptions or determinations by rule.
[1998 c 156 § 5.]
70.95.310
70.95.310 Rules—Department "deferring" to other
permits—Application of section. (1) Notwithstanding any
other provisions of this chapter, the department shall adopt
rules:
(a) Describing when a jurisdictional health department
may, at its discretion, waive the requirement that a permit be
issued for a facility under this chapter if other air, water, or
environmental permits are issued for the same facility. As
used in this section, a jurisdictional health department's waiving the requirement that a permit be issued for a facility under
this chapter based on the issuance of such other permits for
the facility is the health department's "deferring" to the other
permits; and
(b) Allowing deferral only if the applicant and the jurisdictional health department demonstrate that other permits
for the facility will provide a comparable level of protection
for human health and the environment that would be provided by a solid waste handling permit.
(2) This section does not apply to any transfer station,
landfill, or incinerator that receives municipal solid waste
destined for final disposal.
[Title 70 RCW—page 227]
70.95.315
Title 70 RCW: Public Health and Safety
(3) If, before June 11, 1998, either the department or a
jurisdictional health department has deferred solid waste permitting or regulation of a solid waste facility to permitting or
regulation under other environmental permits for the same
facility, such deferral is valid and shall not be affected by the
rules developed under subsection (1) of this section.
(4) Rules adopted under this section shall contain such
terms and conditions as the department deems necessary to
ensure compliance with applicable statutes and rules. [1998
c 156 § 6.]
70.95.315
70.95.315 Penalty. The department may assess a civil
penalty in an amount not to exceed one thousand dollars per
day per violation to any person exempt from solid waste permitting in accordance with RCW 70.95.300 or 70.95.305
who fails to comply with the terms and conditions of the
exemption. Each such violation shall be a separate and distinct offense, and in the case of a continuing violation, each
day's continuance shall be a separate and distinct violation.
[1998 c 156 § 7.]
70.95.320
70.95.320 Construction. Nothing in chapter 156, Laws
of 1998 may be construed to affect chapter 81.77 RCW and
the authority of the utilities and transportation commission.
[1998 c 156 § 9.]
70.95.500
70.95.500 Disposal of vehicle tires outside designated
area prohibited—Penalty—Exemption. (1) No person
may drop, deposit, discard, or otherwise dispose of vehicle
tires on any public property or private property in this state or
in the waters of this state whether from a vehicle or otherwise, including, but not limited to, any public highway, public park, beach, campground, forest land, recreational area,
trailer park, highway, road, street, or alley unless:
(a) The property is designated by the state, or by any of
its agencies or political subdivisions, for the disposal of discarded vehicle tires; and
(b) The person is authorized to use the property for such
purpose.
(2) A violation of this section is punishable by a civil
penalty, which shall not be less than two hundred dollars nor
more than two thousand dollars for each offense.
(3) This section does not apply to the storage or deposit
of vehicle tires in quantities deemed exempt under rules
adopted by the department of ecology under its functional
standards for solid waste. [1985 c 345 § 4.]
For the purposes of this section, "new replacement vehicle tires" means tires that are newly manufactured for vehicle
purposes and does not include retreaded vehicle tires. [1989
c 431 § 92; 1985 c 345 § 5.]
70.95.530
70.95.530 Vehicle tire recycling account—Use. Moneys in the account may be appropriated to the department of
ecology:
(1) To provide for funding to state and local governments for the removal of discarded vehicle tires from unauthorized tire dump sites;
(2) To accomplish the other purposes of *RCW
70.95.020(5); and
(3) To fund the study authorized in section 2, chapter
250, Laws of 1988.
In spending funds in the account under this section, the
department of ecology shall identify communities with the
most severe problems with waste tires and provide funds first
to those communities to remove accumulations of waste tires.
[1988 c 250 § 1; 1985 c 345 § 7.]
*Reviser's note: RCW 70.95.020 was amended by 1998 c 90 § 1,
changing subsection (5) to subsection (6).
70.95.535
70.95.535 Disposition of fee. (1) Every person engaged
in making retail sales of new replacement vehicle tires in this
state shall retain ten percent of the collected one dollar fee.
The moneys retained may be used for costs associated with
the proper management of the waste vehicle tires by the
retailer.
(2) The department of ecology will administer the funds
for the purposes specified in *RCW 70.95.020(5) including,
but not limited to:
(a) Making grants to local governments for pilot demonstration projects for on-site shredding and recycling of tires
from unauthorized dump sites;
(b) Grants to local government for enforcement programs;
(c) Implementation of a public information and education program to include posters, signs, and informational
materials to be distributed to retail tire sales and tire service
outlets;
(d) Product marketing studies for recycled tires and alternatives to land disposal. [1989 c 431 § 93.]
*Reviser's note: RCW 70.95.020 was amended by 1998 c 90 § 1,
changing subsection (5) to subsection (6).
70.95.540
70.95.510
70.95.510 Fee on the retail sale of new replacement
vehicle tires. There is levied a one dollar per tire fee on the
retail sale of new replacement vehicle tires for a period of
five years, beginning October 1, 1989. The fee imposed in
this section shall be paid by the buyer to the seller, and each
seller shall collect from the buyer the full amount of the fee.
The fee collected from the buyer by the seller less the ten percent amount retained by the seller as provided in RCW
70.95.535 shall be paid to the department of revenue in accordance with RCW 82.32.045. All other applicable provisions
of chapter 82.32 RCW have full force and application with
respect to the fee imposed under this section. The department
of revenue shall administer this section.
[Title 70 RCW—page 228]
70.95.540 Cooperation with department to aid tire
recycling. To aid in the statewide tire recycling campaign,
the legislature strongly encourages various industry organizations which are active in resource recycling efforts to provide active cooperation with the department of ecology so
that additional technology can be developed for the tire recycling campaign. [1985 c 345 § 9.]
70.95.545
70.95.545 Tire recycling—Report. The department of
ecology, in conjunction with the appropriate private sector
stakeholders, shall track and report annually to the legislature
the total increase or reduction of tire recycling or reuse rates
in the state for each calendar year and for the cumulative calendar years from June 13, 2002. [2002 c 299 § 9.]
(2004 Ed.)
Solid Waste Management—Reduction and Recycling
70.95.550
70.95.550 Waste tires—Definitions. Unless the context clearly requires otherwise, the definitions in this section
apply throughout RCW 70.95.555 through 70.95.565.
(1) "Storage" or "storing" means the placing of more
than eight hundred waste tires in a manner that does not constitute final disposal of the waste tires.
(2) "Transportation" or "transporting" means picking up
or transporting waste tires for the purpose of storage or final
disposal.
(3) "Waste tires" means tires that are no longer suitable
for their original intended purpose because of wear, damage,
or defect. [1988 c 250 § 3.]
70.95.555
70.95.555 Waste tires—License for transport or storage business—Requirements. Any person engaged in the
business of transporting or storing waste tires shall be
licensed by the department. To obtain a license, each applicant must:
(1) Provide assurances that the applicant is in compliance with this chapter and the rules regarding waste tire storage and transportation; and
(2) Post a bond in the sum of ten thousand dollars in
favor of the state of Washington. In lieu of the bond, the
applicant may submit financial assurances acceptable to the
department. [1988 c 250 § 4.]
70.95.560
70.95.560 Waste tires—Violation of RCW
70.95.555—Penalty. Any person who transports or stores
waste tires without a license in violation of RCW 70.95.555
shall be guilty of a gross misdemeanor and upon conviction
shall be punished under RCW 9A.20.021(2). [1989 c 431 §
95; 1988 c 250 § 5.]
70.95.565
70.95.565 Waste tires—Contracts with unlicensed
persons prohibited. No business may enter into a contract
for:
(1) Transportation of waste tires with an unlicensed
waste tire transporter; or
(2) Waste tire storage with an unlicensed owner or operator of a waste tire storage site. [1988 c 250 § 6.]
70.95.600
70.95.600 Educational material promoting household waste reduction and recycling. The department of
ecology, at the request of a local government jurisdiction,
may periodically provide educational material promoting
household waste reduction and recycling to public and private refuse haulers. The educational material shall be distributed to households receiving refuse collection service by
local governments or the refuse hauler providing service. The
refuse hauler may distribute the educational material by any
means that assures timely delivery.
Reasonable expenses incurred in the distribution of this
material shall be considered, for rate-making purposes, as
legitimate operating expenses of garbage and refuse haulers
regulated under chapter 81.77 RCW. [1988 c 175 § 3.]
70.95.650
ery to: A person or entity selling lead acid batteries, a person
or entity authorized by the department to accept the battery,
or to a secondary lead smelter.
(2) No owner or operator of a solid waste disposal site
shall knowingly accept for disposal used vehicle batteries
except when authorized to do so by the department or by the
federal government.
(3) Any person who violates this section shall be subject
to a fine of up to one thousand dollars. Each battery will constitute a separate violation. Nothing in this section and RCW
70.95.620 through 70.95.660 shall supersede the provisions
under chapter 70.105 RCW.
(4) For purposes of this section and RCW 70.95.620
through 70.95.660, "vehicle battery" means batteries capable
for use in any vehicle, having a core consisting of elemental
lead, and a capacity of six or more volts. [1989 c 431 § 37.]
70.95.620
70.95.620 Identification procedure for persons
accepting used vehicle batteries. The department shall
establish a procedure to identify, on an annual basis, those
persons accepting used vehicle batteries from retail establishments. [1989 c 431 § 38.]
70.95.630
70.95.630 Requirements for accepting used batteries
by retailers of vehicle batteries—Notice. A person selling
vehicle batteries at retail in the state shall:
(1) Accept, at the time of purchase of a replacement battery, in the place where the new batteries are physically transferred to the purchasers, and in a quantity at least equal to the
number of new batteries purchased, used vehicle batteries
from the purchasers, if offered by the purchasers. When a
purchaser fails to provide an equivalent used battery or batteries, the purchaser may reclaim the core charge paid under
RCW 70.95.640 by returning, to the point of purchase within
thirty days, a used battery or batteries and a receipt showing
proof of purchase from the establishment where the replacement battery or batteries were purchased; and
(2) Post written notice which must be at least eight and
one-half inches by eleven inches in size and must contain the
universal recycling symbol and the following language:
(a) "It is illegal to put a motor vehicle battery or other
vehicle battery in your garbage."
(b) "State law requires us to accept used motor vehicle
batteries or other vehicle batteries for recycling, in exchange
for new batteries purchased."
(c) "When you buy a battery, state law also requires us to
include a core charge of five dollars or more if you do not
return your old battery for exchange." [1989 c 431 § 39.]
70.95.640
70.95.640 Retail core charge. Each retail sale of a
vehicle battery shall include, in the price of the battery for
sale, a core charge of not less than five dollars. When a purchaser offers the seller a used battery of equivalent size, the
seller shall omit the core charge from the price of the battery.
[1989 c 431 § 40.]
Effective date—1988 c 175: See note following RCW 43.19.538.
70.95.650
70.95.610
70.95.610 Battery disposal—Restrictions—Violators
subject to fine—"Vehicle battery" defined. (1) No person
may knowingly dispose of a vehicle battery except by deliv(2004 Ed.)
70.95.650 Vehicle battery wholesalers—Obligations
regarding used batteries—Noncompliance procedure. (1)
A person selling vehicle batteries at wholesale to a retail
establishment in this state shall accept, at the time and place
[Title 70 RCW—page 229]
70.95.660
Title 70 RCW: Public Health and Safety
of transfer, used vehicle batteries in a quantity at least equal
to the number of new batteries purchased, if offered by the
purchaser.
(2) When a battery wholesaler, or agent of the wholesaler, fails to accept used vehicle batteries as provided in this
section, a retailer may file a complaint with the department
and the department shall investigate any such complaint.
(3)(a) The department shall issue an order suspending
any of the provisions of RCW 70.95.630 through 70.95.660
whenever it finds that the market price of lead has fallen to
the extent that new battery wholesalers' estimated statewide
average cost of transporting used batteries to a smelter or
other person or entity in the business of purchasing used batteries is clearly greater than the market price paid for used
lead batteries by such smelter or person or entity.
(b) The order of suspension shall only apply to batteries
that are sold at retail during the period in which the suspension order is effective.
(c) The department shall limit its suspension order to a
definite period not exceeding six months, but shall revoke the
order prior to its expiration date should it find that the reasons
for its issuance are no longer valid. [1989 c 431 § 41.]
that no portion of the combustible material is visible in its
uncombusted state. [1989 c 431 § 77.]
70.95.715
70.95.715 Sharps waste—Drop-off sites—Pharmacy
return program. (1) A solid waste planning jurisdiction
may designate sharps waste container drop-off sites.
(2) A pharmacy return program shall not be considered a
solid waste handling facility and shall not be required to
obtain a solid waste permit. A pharmacy return program is
required to register, at no cost, with the department. To facilitate designation of sharps waste drop-off sites, the department shall share the name and location of registered pharmacy return programs with jurisdictional health departments
and local solid waste management officials.
(3) A public or private provider of solid waste collection
service may provide a program to collect source separated
residential sharps waste containers as provided in chapter
70.95K RCW.
(4) For the purpose of this section, "sharps waste,"
"sharps waste container," and "pharmacy return program"
shall have the same meanings as provided in RCW
70.95K.010. [1994 c 165 § 5.]
70.95.660
70.95.660 Department to distribute printed notice—
Issuance of warnings and citations—Fines. The department shall produce, print, and distribute the notices required
by RCW 70.95.630 to all places where vehicle batteries are
offered for sale at retail and in performing its duties under
this section the department may inspect any place, building,
or premise governed by RCW 70.95.640. Authorized
employees of the agency may issue warnings and citations to
persons who fail to comply with the requirements of RCW
70.95.610 through 70.95.670. Failure to conform to the
notice requirements of RCW 70.95.630 shall subject the violator to a fine imposed by the department not to exceed one
thousand dollars. However, no such fine shall be imposed
unless the department has issued a warning of infraction for
the first offense. Each day that a violator does not comply
with the requirements of chapter 431, Laws of 1989 following the issuance of an initial warning of infraction shall constitute a separate offense. [1989 c 431 § 42.]
70.95.670
70.95.670 Rules. The department shall adopt rules providing for the implementation and enforcement of RCW
70.95.610 through 70.95.660. [1989 c 431 § 43.]
70.95.700
70.95.700 Solid waste incineration or energy recovery facility—Environmental impact statement requirements. No solid waste incineration or energy recovery facility shall be operated prior to the completion of an environmental impact statement containing the considerations
required under RCW 43.21C.030(2)(c) and prepared pursuant to the procedures of chapter 43.21C RCW. This section
does not apply to a facility operated prior to January 1, 1989,
as a solid waste incineration facility or energy recovery facility burning solid waste. [1989 c 431 § 55.]
70.95.710
70.95.710 Incineration of medical waste. Incineration
of medical waste shall be conducted under sufficient burning
conditions to reduce all combustible material to a form such
[Title 70 RCW—page 230]
Findings—Purposes—Intent—1994 c 165: See note following RCW
70.95K.010.
70.95.720
70.95.720 Closure of energy recovery and incineration facilities—Recordkeeping requirements. The department shall require energy recovery and incineration facilities
to retain records of monitoring and operation data for a minimum of ten years after permanent closure of the facility.
[1990 c 114 § 4.]
Severability—1990 c 114: See RCW 70.95E.900.
70.95.810
70.95.810 Composting food and yard wastes—
Grants and study. (1) In order to establish the feasibility of
composting food and yard wastes, the department shall provide funds, as available, to local governments submitting a
proposal to compost such wastes.
(2) The department, in cooperation with the department
of community, trade, and economic development, may
approve an application if the project can demonstrate the
essential parameters for successful composting, including,
but not limited to, cost-effectiveness, handling and safety
requirements, and current and potential markets. [1998 c 245
§ 132; 1995 c 399 § 191; 1989 c 431 § 97.]
70.95.900
70.95.900 Authority and responsibility of utilities
and transportation commission not changed. Nothing in
this act shall be deemed to change the authority or responsibility of the Washington utilities and transportation commission to regulate all intrastate carriers. [1969 ex.s. c 134 § 27.]
70.95.901
70.95.901 Severability—1989 c 431. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 431 § 107.]
(2004 Ed.)
Pollution Control—Municipal Bonding Authority
70.95.902
70.95.902 Section captions not law—1989 c 431. Captions and headings used in this act do not constitute any part
of the law. [1989 c 431 § 108.]
70.95.903
70.95.903 Application of chapter—Collection and
transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation.
Nothing in this chapter shall prevent a recycling company or
nonprofit entity from collecting and transporting recyclable
materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, or
upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting
a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation. [1989 c 431 § 32.]
70.95.910
70.95.910 Severability—1969 ex.s. c 134. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provisions to other persons or circumstances is not
affected. [1969 ex.s. c 134 § 28.]
70.95.911
70.95.911 Severability—1975-'76 2nd ex.s. c 41. If
any provision of this 1976 amendatory act, or its application
to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons
or circumstances is not affected. [1975-'76 2nd ex.s. c 41 §
11.]
70.95A.030
(2) That such environmental damage results from air,
water, and other resources pollution and from solid waste disposal, noise and other environmental problems;
(3) That to abate or control such environmental damage
antipollution devices, equipment, and facilities must be
acquired, constructed and installed;
(4) That the tax exempt financing permitted by Section
103 of the Internal Revenue Code of 1954, as amended, and
authorized by this chapter results in lower costs of installation of pollution control facilities;
(5) That such lower costs benefit the public with no measurable cost impact;
(6) That the method of financing provided in this chapter
is in the public interest and its use serves a public purpose in
(a) protecting and promoting the health and welfare of the citizens of the cities, towns, counties, and port districts and of
this state by encouraging and accelerating the installation of
facilities for abating or controlling and preventing environmental damage and (b) in attracting and retaining environmentally sound industry in this state which reduces unemployment and provides a more diversified tax base.
(7) For the reasons set forth in subsection (6) of this section, the provisions of this chapter relating to port districts
and all proceedings heretofore or hereafter taken by port districts pursuant thereto are, and shall be deemed to be, for
industrial development as authorized by Article 8, section 8
of the Washington state Constitution.
This chapter shall be liberally construed to accomplish
the intentions expressed in this section. [1975 c 6 § 1; 1973 c
132 § 2.]
70.95A.020
Chapter 70.95A
Chapter 70.95A RCW
POLLUTION CONTROL—MUNICIPAL
BONDING AUTHORITY
Sections
70.95A.010
70.95A.020
70.95A.030
70.95A.035
70.95A.040
70.95A.045
70.95A.050
70.95A.060
70.95A.070
70.95A.080
70.95A.090
70.95A.100
70.95A.910
70.95A.912
70.95A.920
70.95A.930
70.95A.940
Legislative declaration—Liberal construction.
Definitions.
Municipalities—Powers.
Actions by municipalities validated.
Municipalities—Revenue bonds for pollution control facilities—Authorized—Construction—Sale, conditions—Form,
terms.
Proceeds of bonds are separate trust funds—Municipal treasurer, compensation.
Revenue bonds—Security—Scope—Default—Authorization
proceedings.
Facilities—Leases authorized.
Facilities—Revenue bonds—Refunding provisions.
Revenue bonds—Disposition of proceeds.
Facilities—Sale or lease—Certain restrictions on municipalities not applicable.
Facilities—Department of ecology certification.
Construction—1973 c 132.
Construction—1975 c 6.
Severability—1973 c 132.
Acquisitions by port districts under RCW 53.08.040—Prior
rights or obligations.
Severability—1975 c 6.
70.95A.020 Definitions. As used in this chapter, unless
the context otherwise requires:
(1) "Municipality" shall mean any city, town, county, or
port district in the state;
(2) "Facility" or "facilities" shall mean any land, building, structure, machinery, system, fixture, appurtenance,
equipment or any combination thereof, or any interest
therein, and all real and personal properties deemed necessary in connection therewith whether or not now in existence,
which is used or to be used by any person, corporation or
municipality in furtherance of the purpose of abating, controlling or preventing pollution;
(3) "Pollution" shall mean any form of environmental
pollution, including but not limited to water pollution, air
pollution, land pollution, solid waste disposal, thermal pollution, radiation contamination, or noise pollution;
(4) "Governing body" shall mean the body or bodies in
which the legislative powers of the municipality are vested;
(5) "Mortgage" shall mean a mortgage or a mortgage and
deed of trust or other security device; and
(6) "Department" shall mean the state department of
ecology. [1973 c 132 § 3.]
70.95A.030
70.95A.010
70.95A.010 Legislative declaration—Liberal construction. The legislature finds:
(1) That environmental damage seriously endangers the
public health and welfare;
(2004 Ed.)
70.95A.030 Municipalities—Powers. In addition to
any other powers which it may now have, each municipality
shall have the following powers:
(1) To acquire, whether by construction, purchase,
devise, gift or lease, or any one or more of such methods, one
[Title 70 RCW—page 231]
70.95A.035
Title 70 RCW: Public Health and Safety
or more facilities which shall be located within, or partially
within the municipality;
(2) To lease, lease with option to purchase, sell or sell by
installment sale, any or all of the facilities upon such terms
and conditions as the governing body may deem advisable
but which shall at least fully reimburse the municipality for
all debt service on any bonds issued to finance the facilities
and for all costs incurred by the municipality in financing and
operating the facilities and as shall not conflict with the provisions of this chapter;
(3) To issue revenue bonds for the purpose of defraying
the cost of acquiring or improving any facility or facilities or
refunding any bonds issued for such purpose and to secure
the payment of such bonds as provided in this chapter. Revenue bonds may be issued in one or more series or issues
where deemed advisable, and each such series or issue may
have the same or different maturity dates, interest rates, priorities on revenues available for payment of such bonds and
priorities on security available for assuring payment thereof,
and such other differing terms and conditions as are deemed
necessary and are not in conflict with the provisions of this
chapter. [1973 c 132 § 4.]
70.95A.035
70.95A.035 Actions by municipalities validated. All
actions heretofore taken by any municipality in conformity
with the provisions of this chapter and the provisions of chapter 6, Laws of 1975 hereby made applicable thereto relating
to pollution control facilities, including but not limited to all
bonds issued for such purposes, are hereby declared to be
valid, legal and binding in all respects. [1975 c 6 § 4.]
Port districts—Pollution control facilities or other industrial development—
Validation: RCW 53.08.041.
70.95A.040 Municipalities—Revenue bonds for pollution control facilities—Authorized—Construction—
Sale, conditions—Form, terms. (1) All bonds issued by a
municipality under the authority of this chapter shall be
secured solely by revenues derived from the lease or sale of
the facility. Bonds and any interest coupons issued under the
authority of this chapter shall not constitute nor give rise to a
pecuniary liability of the municipality or a charge against its
general credit or taxing powers. Such limitation shall be
plainly stated upon the face of each of such bonds. The use of
the municipality's name on revenue bonds authorized hereunder shall not be construed to be the giving or lending of the
municipality's financial guarantee or pledge, i.e. credit to any
private person, firm, or corporation as the term credit is used
in Article 8, section 7 of the Washington state Constitution.
(2) The bonds referred to in subsection (1) of this section, may (a) be executed and delivered at any time and from
time to time, (b) be in such form and denominations, (c) be of
such tenor, (d) be in bearer or registered form either as to
principal or interest or both, as provided in RCW 39.46.030,
and may provide for conversion between registered and coupon bonds of varying denominations, (e) be payable in such
installments and at such time or times not exceeding forty
years from their date, (f) be payable at such place or places,
(g) bear interest at such rate or rates as may be determined by
the governing body, payable at such place or places within or
without this state and evidenced in such manner, (h) be
redeemable prior to maturity, with or without premium, and
70.95A.040
[Title 70 RCW—page 232]
(i) contain such provisions not inconsistent herewith, as shall
be deemed for the best interest of the municipality and provided for in the proceedings of the governing body whereunder the bonds shall be authorized to be issued.
(3) Any bonds issued under the authority of this chapter,
may be sold at public or private sale in such manner and at
such time or times as may be determined by the governing
body to be most advantageous. The municipality may pay all
expenses, premiums and commissions which the governing
body may deem necessary or advantageous in connection
with the authorization, sale and issuance thereof from the
proceeds of the sale of said bonds or from the revenues of the
facilities.
(4) All bonds issued under the authority of this chapter,
and any interest coupons applicable thereto shall be investment securities within the meaning of the uniform commercial code and shall be deemed to be issued by a political subdivision of the state.
(5) The proceeds from any bonds issued under this chapter shall be used only for purposes qualifying under Section
103(c)(4)(f) of the Internal Revenue Code of 1954, as
amended.
(6) Notwithstanding subsections (2) and (3) of this section, such bonds may be issued and sold in accordance with
chapter 39.46 RCW. [1983 c 167 § 174; 1975 c 6 § 3; 1973 c
132 § 5.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Port districts—Pollution control facilities or other industrial development—
Validation: RCW 53.08.041.
70.95A.045
70.95A.045 Proceeds of bonds are separate trust
funds—Municipal treasurer, compensation. The proceeds
of any bonds heretofore or hereafter issued in conformity
with the authority of this chapter, together with interest and
premiums thereon, and any revenues used to pay or redeem
any of such bonds, together with interest and any premiums
thereon, shall be separate trust funds and used only for the
purposes permitted herein and shall not be considered to be
money of the municipality. The services of the treasurer of a
municipality, if such treasurer is or has been used, were and
are intended to be for the administrative convenience of
receipt and payment of nonpublic moneys only for which reasonable compensation may be charged by such treasurer or
municipality. [1975 c 6 § 2.]
Port districts—Pollution control facilities or other industrial development—
Validation: RCW 53.08.041.
70.95A.050
70.95A.050 Revenue bonds—Security—Scope—
Default—Authorization proceedings. (1) The principal of
and interest on any bonds issued under the authority of this
chapter (a) shall be secured by a pledge of the revenues
derived from the sale or lease of the facilities out of which
such bonds shall be made payable, (b) may be secured by a
mortgage covering all or any part of the facilities, (c) may be
secured by a pledge or assignment of the lease of such facilities, or (d) may be secured by a trust agreement or such other
security device as may be deemed most advantageous by the
governing body.
(2) The proceedings under which the bonds are authorized to be issued under the provisions of this chapter, and
(2004 Ed.)
Pollution Control—Municipal Bonding Authority
any mortgage given to secure the same may contain any
agreements and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting (a) the fixing and
collection of rents for any facilities covered by such proceedings or mortgage, (b) the terms to be incorporated in the lease
of such facilities, (c) the maintenance and insurance of such
facilities, (d) the creation and maintenance of special funds
from the revenues of such facilities, and (e) the rights and
remedies available in the event of a default to the bond owners or to the trustee under a mortgage or trust agreement, all
as the governing body shall deem advisable and as shall not
be in conflict with the provisions of this chapter: PROVIDED, That in making any such agreements or provisions a
municipality shall not have the power to obligate itself except
with respect to the facilities and the application of the revenues therefrom, and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its
taxing powers.
(3) The proceedings authorizing any bonds under the
provisions of this chapter and any mortgage securing such
bonds may provide that, in the event of a default in the payment of the principal of or the interest on such bonds or in the
performance of any agreement contained in such proceedings
or mortgage, such payment and performance may be
enforced by mandamus or by the appointment of a receiver in
equity with power to charge and collect rents and to apply the
revenues from the facilities in accordance with such proceedings or the provisions of such mortgage.
(4) Any mortgage made under the provisions of this
chapter, to secure bonds issued thereunder, may also provide
that, in the event of a default in the payment thereof or the
violation of any agreement contained in the mortgage, the
mortgage may be foreclosed and the mortgaged property sold
under proceedings in equity or in any other manner now or
hereafter permitted by law. Such mortgage may also provide
that any trustee under such mortgage or the owner of any of
the bonds secured thereby may become the purchaser at any
foreclosure sale if the highest bidder therefor. No breach of
any such agreement shall impose any pecuniary liability upon
a municipality or any charge upon their general credit or
against their taxing powers.
(5) The proceedings authorizing the issuance of bonds
hereunder may provide for the appointment of a trustee or
trustees for the protection of the owners of the bonds,
whether or not a mortgage is entered into as security for such
bonds. Any such trustee may be a bank with trust powers or a
trust company and shall be located in the United States,
within or without the state of Washington, shall have the
immunities, powers and duties provided in said proceedings,
and may, to the extent permitted by such proceedings, hold
and invest funds deposited with it in direct obligations of the
United States, obligations guaranteed by the United States or
certificates of deposit of a bank (including the trustee) which
are continuously secured by such obligations of or guaranteed by the United States. Any bank acting as such trustee
may, to the extent permitted by such proceedings, buy bonds
issued hereunder to the same extent as if it were not such
trustee. Said proceedings may provide for one or more cotrustees, and any co-trustee may be any competent individual
over the age of twenty-one years or a bank having trust pow(2004 Ed.)
70.95A.080
ers or trust company within or without the state. The proceedings authorizing the bonds may provide that some or all of the
proceeds of the sale of the bonds, the revenues of any facilities, the proceeds of the sale of any part of a facility, of any
insurance policy or of any condemnation award be deposited
with the trustee or a co-trustee and applied as provided in said
proceedings. [1983 c 167 § 175; 1973 c 132 § 6.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
70.95A.060
70.95A.060 Facilities—Leases authorized. Prior to
the issuance of the bonds authorized by this chapter, the
municipality may lease the facilities to a lessee or lessees
under an agreement providing for payment to the municipality of such rentals as will be sufficient (a) to pay the principal
of and interest on the bonds issued to finance the facilities, (b)
to pay the taxes on the facilities, (c) to build up and maintain
any reserves deemed by the governing body to be advisable
in connection therewith, and (d) unless the agreement of lease
obligates the lessees to pay for the maintenance and insurance of the facilities, to pay the costs of maintaining the facilities in good repair and keeping the same properly insured.
Subject to the limitations of this chapter, the lease or extensions or modifications thereof may contain such other terms
and conditions as may be mutually acceptable to the parties,
and notwithstanding any other provisions of law relating to
the sale of property owned by municipalities, such lease may
contain an option for the lessees to purchase the facilities on
such terms and conditions with or without consideration as
may be mutually acceptable to the parties. [1973 c 132 § 7.]
70.95A.070 Facilities—Revenue bonds—Refunding
provisions. Any bonds issued under the provisions of this
chapter and at any time outstanding may at any time and from
time to time be refunded by a municipality by the issuance of
its refunding bonds in such amount as the governing body
may deem necessary but not exceeding an amount sufficient
to refund the principal of the bonds to be so refunded,
together with any unpaid interest thereon and any premiums
and commissions necessary to be paid in connection therewith: PROVIDED, That an issue of refunding bonds may be
combined with an issue of additional revenue bonds on any
facilities. Any such refunding may be effected whether the
bonds to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the
application of the proceeds thereof for the payment of the
bonds to be refunded thereby, or by exchange of the refunding bonds for the bonds to be refunded thereby: PROVIDED
FURTHER, That the owners of any bonds to be so refunded
shall not be compelled without their consent to surrender
their bonds for payment or exchange except on the terms
expressed on the face thereof. Any refunding bonds issued
under the authority of this chapter shall be subject to the provisions contained in RCW 70.95A.040 and may be secured in
accordance with the provisions of RCW 70.95A.050. [1983
c 167 § 176; 1973 c 132 § 8.]
70.95A.070
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
70.95A.080
70.95A.080 Revenue bonds—Disposition of proceeds. The proceeds from the sale of any bonds issued under
[Title 70 RCW—page 233]
70.95A.090
Title 70 RCW: Public Health and Safety
authority of this chapter shall be applied only for the purpose
for which the bonds were issued: PROVIDED, That any
accrued interest and premium received in any such sale shall
be applied to the payment of the principal of or the interest on
the bonds sold: AND PROVIDED FURTHER, That if for
any reason any portion of such proceeds shall not be needed
for the purpose for which the bonds were issued, then such
unneeded portion of said proceeds shall be applied to the payment of the principal of or the interest on said bonds. The cost
of acquiring or improving any facilities shall be deemed to
include the following: The actual cost of acquiring or
improving real estate for any facilities; the actual cost of construction of all or any part of the facilities which may be constructed, including architects' and engineers' fees, all
expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition or improvements; and the interest on such bonds for a reasonable time
prior to construction, during construction, and for a time not
exceeding six months after completion of construction.
[1973 c 132 § 9.]
70.95A.090
70.95A.090 Facilities—Sale or lease—Certain
restrictions on municipalities not applicable. The facilities
shall be constructed, reconstructed, and improved and shall
be leased, sold or otherwise disposed of in the manner determined by the governing body in its sole discretion and any
requirement of competitive bidding, lease performance bonds
or other restriction imposed on the procedure for award of
contracts for such purpose or the lease, sale or other disposition of property of a municipality is not applicable to any
action taken under authority of this chapter. [1973 c 132 §
10.]
70.95A.100
70.95A.100 Facilities—Department of ecology certification. Upon request by a municipality or by a user of the
facilities the department of ecology may in relation to chapter
54, Laws of 1972 ex. sess. and this chapter issue its certificate
stating that the facilities (1) as designed are in furtherance of
the purpose of abating, controlling or preventing pollution,
and/or (2) as designed or as operated meet state and local
requirements for the control of pollution. This section shall
not be construed as modifying the provisions of RCW
82.34.030; chapter 70.94 RCW; or chapter 90.48 RCW.
[1973 c 132 § 11.]
70.95A.910
70.95A.910 Construction—1973 c 132. Nothing in
this chapter shall be construed as a restriction or limitation
upon any powers which a municipality might otherwise have
under any laws of this state, but shall be construed as cumulative. [1973 c 132 § 12.]
70.95A.912
70.95A.912 Construction—1975 c 6. This 1975 amendatory act shall be liberally construed to accomplish the
intention expressed herein. [1975 c 6 § 6.]
Port districts—Pollution control facilities or other industrial development—
Validation: RCW 53.08.041.
70.95A.920
70.95A.920 Severability—1973 c 132. If any provision
of this 1973 act or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect
[Title 70 RCW—page 234]
other provisions or applications of this 1973 act which can be
given effect without the invalid provision or application, and
to this end the provisions of this act are declared to be severable. [1973 c 132 § 13.]
70.95A.930
70.95A.930 Acquisitions by port districts under
RCW 53.08.040—Prior rights or obligations. All acquisitions by port districts pursuant to RCW 53.08.040 may, at the
option of a port commission, be deemed to be made under
this chapter, or under both: PROVIDED, That nothing contained in this chapter shall impair rights or obligations under
contracts entered into before March 19, 1973. [1973 c 132 §
14.]
70.95A.940
70.95A.940 Severability—1975 c 6. If any provision of
this 1975 amendatory act or the application thereof to any
person or circumstance, is held invalid, such invalidity shall
not affect other provisions or applications of this 1975 amendatory act which can be given effect without the invalid provision or application, and to this end the provisions of this act
are declared to be severable. [1975 c 6 § 7.]
Chapter 70.95B
Chapter 70.95B RCW
DOMESTIC WASTE TREATMENT
PLANTS—OPERATORS
Sections
70.95B.010
70.95B.020
70.95B.030
70.95B.040
70.95B.050
70.95B.060
70.95B.071
70.95B.080
70.95B.090
70.95B.095
70.95B.100
70.95B.110
70.95B.115
70.95B.120
70.95B.130
70.95B.140
70.95B.150
70.95B.900
Legislative declaration.
Definitions.
Wastewater treatment plant operators—Certification required.
Administration of chapter—Rules and regulations—Director's
duties.
Wastewater treatment plants—Classification.
Criteria and guidelines.
Ad hoc advisory committees.
Certificates—When examination not required.
Certificates—Issuance and renewal conditions.
Certificates—Fees.
Certificates—Revocation procedures.
Administration of chapter—Powers and duties of director.
Licenses or certificates—Suspension for noncompliance with
support order—Reissuance.
Violations.
Certificates—Reciprocity with other states.
Penalties for violations—Injunctions.
Administration of chapter—Receipts—Payment to general
fund.
Effective date—1973 c 139.
Reviser's note: Chapter 139, Laws of 1973 has been codified as chapter 70.95B RCW to conform with code organization. Section 16 of chapter
139 had directed that the chapter be added to Title 43 RCW.
Public water supply systems—Certification and regulation of operators:
Chapter 70.119 RCW.
70.95B.010
70.95B.010 Legislative declaration. The legislature
declares that competent operation of waste treatment plants
plays an important part in the protection of the environment
of the state and therefore it is of vital interest to the public. In
order to protect the public health and to conserve and protect
the water resources of the state, it is necessary to provide for
the classifying of all domestic wastewater treatment plants; to
require the examination and certification of the persons
responsible for the supervision and operation of such systems; and to provide for the promulgation of rules and regulations to carry out this chapter. [1973 c 139 § 1.]
(2004 Ed.)
Domestic Waste Treatment Plants—Operators
70.95B.020
70.95B.020 Definitions. As used in this chapter unless
context requires another meaning:
(1) "Director" means the director of the department of
ecology.
(2) "Department" means the department of ecology.
(3) "Certificate" means a certificate of competency
issued by the director stating that the operator has met the
requirements for the specified operator classification of the
certification program.
(4) "Wastewater treatment plant" means a facility used to
treat any liquid or waterborne waste of domestic origin or a
combination of domestic, commercial or industrial origin,
and which by its design requires the presence of an operator
for its operation. It shall not include any facility used exclusively by a single family residence, septic tanks with subsoil
absorption, industrial wastewater treatment plants, or wastewater collection systems.
(5) "Operator in responsible charge" means an individual
who is designated by the owner as the person on-site in
responsible charge of the routine operation of a wastewater
treatment plant.
(6) "Nationally recognized association of certification
authorities" shall mean that organization which serves as an
information center for certification activities, recommends
minimum standards and guidelines for classification of potable water treatment plants, water distribution systems and
wastewater facilities and certification of operators, facilitates
reciprocity between state programs and assists authorities in
establishing new certification programs and updating existing ones.
(7) "Wastewater collection system" means any system of
lines, pipes, manholes, pumps, liftstations, or other facilities
used for the purpose of collecting and transporting wastewater.
(8) "Operating experience" means routine performance
of duties, on-site in a wastewater treatment plant, that affects
plant performance or effluent quality.
(9) "Owner" means in the case of a town or city, the city
or town acting through its chief executive officer or the lessee
if operated pursuant to a lease or contract; in the case of a
county, the chairman of the county legislative authority or the
chairman's designee; in the case of a water-sewer district,
board of public utilities, association, municipality or other
public body, the president or chairman of the body or the
president's or chairman's designee; in the case of a privately
owned wastewater treatment plant, the legal owner.
(10) "Wastewater certification program coordinator"
means an employee of the department who administers the
wastewater treatment plant operators' certification program.
[1999 c 153 § 66; 1995 c 269 § 2901; 1987 c 357 § 1; 1973 c
139 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
70.95B.080
the operation and maintenance of the plant on a routine basis
shall be certified at a level equal to or higher than the classification rating of the plant being operated.
If a wastewater treatment plant is operated on more than
one daily shift, the operator in charge of each shift shall be
certified at a level no lower than one level lower than the classification rating of the plant being operated and shall be subordinate to the operator in responsible charge who is certified
at a level equal to or higher than the plant. This requirement
for shift operator certification shall be met by January 1,
1989.
Operators not required to be certified by this chapter are
encouraged to become certified on a voluntary basis. [1987 c
357 § 2; 1973 c 139 § 3.]
70.95B.040
70.95B.040 Administration of chapter—Rules and
regulations—Director's duties. The director shall adopt
and enforce such rules and regulations as may be necessary
for the administration of this chapter. The rules and regulations shall include, but not be limited to, provisions for the
qualification and certification of operators for different classifications of wastewater treatment plants. [1995 c 269 §
2902; 1987 c 357 § 3; 1973 c 139 § 4.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.95B.050
70.95B.050 Wastewater treatment plants—Classification. The director shall classify all wastewater treatment
plants with regard to the size, type, and other conditions
affecting the complexity of such treatment plants and the
skill, knowledge, and experience required of an operator to
operate such facilities to protect the public health and the
state's water resources. [1987 c 357 § 4; 1973 c 139 § 5.]
70.95B.060
70.95B.060 Criteria and guidelines. The director is
authorized when taking action pursuant to RCW 70.95B.040
and 70.95B.050 to consider generally applicable criteria and
guidelines developed by a nationally recognized association
of certification authorities. [1973 c 139 § 6.]
70.95B.071
70.95B.071 Ad hoc advisory committees. The director, in cooperation with the secretary of health, may establish
ad hoc advisory committees, as necessary, to obtain advice
and technical assistance regarding the examination and certification of operators of wastewater treatment plants. [1995 c
269 § 2908.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.95B.080
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.95B.030
70.95B.030 Wastewater treatment plant operators—
Certification required. As provided for in this chapter, the
individual on-site at a wastewater treatment plant who is designated by the owner as the operator in responsible charge of
(2004 Ed.)
70.95B.080 Certificates—When examination not
required. Certificates shall be issued without examination
under the following conditions:
(1) Certificates, in appropriate classifications, shall be
issued without application fee to operators who, on July 1,
1973, hold certificates of competency attained by examination under the voluntary certification program sponsored
jointly by the state department of social and health services,
[Title 70 RCW—page 235]
70.95B.090
Title 70 RCW: Public Health and Safety
health services division, and the Pacific Northwest pollution
control association.
(2) Certificates, in appropriate classifications, shall be
issued to persons certified by a governing body or owner to
have been the operator in responsible charge of a waste treatment plant on July 1, 1973. A certificate so issued will be
valid only for the existing plant.
(3) A nonrenewable certificate, temporary in nature, may
be issued for a period not to exceed twelve months, to an
operator who fills a vacated position required to be filled by a
certified operator. Only one such certificate may be issued
subsequent to each instance of vacation of any such position.
[1987 c 357 § 5; 1973 c 139 § 8.]
70.95B.090
70.95B.090 Certificates—Issuance and renewal conditions. The issuance and renewal of a certificate shall be
subject to the following conditions:
(1) A certificate shall be issued if the operator has satisfactorily passed a written examination, or has met the
requirements of RCW 70.95B.080, and has met the requirements specified in the rules and regulations as authorized by
this chapter, and has paid the department an application fee.
Such application fee shall not exceed fifty dollars.
(2) The term for all certificates shall be from the first of
January of the year of issuance until the thirty-first of December of the renewal year. The renewal period, not to exceed
three years, shall be set by agency rule. Every certificate shall
be renewed upon the payment of a renewal fee and satisfactory evidence presented to the director that the operator demonstrates continued professional growth in the field. Such
renewal fee shall not exceed thirty dollars.
(3) Individuals who fail to renew their certificates before
December 31 of the renewal year, upon notice by the director
shall have their certificates suspended for sixty days. If, during the suspension period, the renewal is not completed, the
director shall give notice of revocation to the employer and to
the operator and the certificate will be revoked ten days after
such notice is given. An operator whose certificate has been
revoked must reapply for certification and will be requested
to meet the requirements of a new applicant. [1987 c 357 § 6;
1973 c 139 § 9.]
70.95B.095
70.95B.095 Certificates—Fees. Effective January 1,
1988, the department shall establish rules for the collection of
fees for the issuance and renewal of certificates as provided
for in RCW 70.95B.090. Beginning January 1, 1992, these
fees shall be sufficient to recover the costs of the certification
program. [1987 c 357 § 9.]
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.95B.110
70.95B.110 Administration of chapter—Powers and
duties of director. To carry out the provisions and purposes
of this chapter, the director is authorized and empowered to:
(1) Enter into agreements, contracts, or cooperative
arrangements, under such terms and conditions as the director
deems appropriate with other state, federal, or interstate
agencies, municipalities, education institutions, or other
organizations or individuals.
(2) Receive financial and technical assistance from the
federal government and other public or private agencies.
(3) Participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations.
(4) Upon request, furnish reports, information, and materials relating to the certification program authorized by this
chapter to federal, state, or interstate agencies, municipalities,
education institutions, and other organizations and individuals.
(5) Establish adequate fiscal controls and accounting
procedures to assure proper disbursement of and accounting
for funds appropriated or otherwise provided for the purpose
of carrying out the provisions of this chapter. [1987 c 357 §
7; 1973 c 139 § 11.]
70.95B.115
70.95B.115 Licenses or certificates—Suspension for
noncompliance with support order—Reissuance. The
director shall immediately suspend the license or certificate
of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order or
a *residential or visitation order. If the person has continued
to meet all other requirements for reinstatement during the
suspension, reissuance of the license or certificate shall be
automatic upon the director's receipt of a release issued by the
department of social and health services stating that the licensee is in compliance with the order. [1997 c 58 § 876.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
70.95B.100
70.95B.100 Certificates—Revocation procedures.
The director may, after conducting a hearing, revoke a certificate found to have been obtained by fraud or deceit, or for
gross negligence in the operation of a waste treatment plant,
or for violating the requirements of this chapter or any lawful
rule, order or regulation of the department. No person whose
certificate is revoked under this section shall be eligible to
apply for a certificate for one year from the effective date of
this final order or revocation. [1995 c 269 § 2903; 1973 c 139
§ 10.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
[Title 70 RCW—page 236]
70.95B.120
70.95B.120 Violations. On and after one year following July 1, 1973, it shall be unlawful for any person, firm,
corporation, municipal corporation, or other governmental
subdivision or agency to operate a wastewater treatment plant
unless the individuals identified in RCW 70.95B.030 are duly
certified by the director under the provisions of this chapter
or any lawful rule, order, or regulation of the department. It
shall also be unlawful for any person to perform the duties of
an operator as defined in this chapter, or in any lawful rule,
order, or regulation of the department, without being duly
(2004 Ed.)
Waste Reduction
certified under the provisions of this chapter. [1987 c 357 §
8; 1973 c 139 § 12.]
70.95B.130
70.95B.130 Certificates—Reciprocity with other
states. On or after July 1, 1973, certification of operators by
any state which, as determined by the director, accepts certifications made or certification requirements deemed satisfied
pursuant to the provisions of this chapter, shall be accorded
reciprocal treatment and shall be recognized as valid and sufficient within the purview of this chapter, if in the judgment
of the director the certification requirements of such state are
substantially equivalent to the requirements of this chapter or
any rules or regulations promulgated hereunder.
In making determinations pursuant to this section, the
director shall consult with the *board and may consider any
generally applicable criteria and guidelines developed by the
nationally recognized association of certification authorities.
[1973 c 139 § 13.]
*Reviser's note: RCW 70.95B.070, which created the water and wastewater operator certification board of examiners, was repealed by 1995 c 269
§ 2907, effective July 1, 1995.
70.95B.140
70.95B.140 Penalties for violations—Injunctions.
Any person, including any firm, corporation, municipal corporation, or other governmental subdivision or agency violating any provisions of this chapter or the rules and regulations
adopted hereunder, is guilty of a misdemeanor. Each day of
operation in such violation of this chapter or any rules or regulations adopted hereunder shall constitute a separate
offense. Upon conviction, violators shall be fined an amount
not exceeding one hundred dollars for each offense. It shall
be the duty of the prosecuting attorney or the attorney general, as appropriate, to secure injunctions of continuing violations of any provisions of this chapter or the rules and regulations adopted hereunder. [1973 c 139 § 14.]
70.95B.150
70.95B.150 Administration of chapter—Receipts—
Payment to general fund. All receipts realized in the
administration of this chapter shall be paid into the general
fund. [1973 c 139 § 15.]
70.95B.900
70.95B.900 Effective date—1973 c 139. This 1973 act
is necessary for the immediate preservation of the public
peace, health and safety, the support of the state government
and its existing public institutions, and shall take effect on
July 1, 1973. [1973 c 139 § 17.]
Chapter 70.95C
Chapter 70.95C RCW
WASTE REDUCTION
Sections
70.95C.010
70.95C.020
70.95C.030
70.95C.040
70.95C.050
70.95C.060
70.95C.070
70.95C.080
70.95C.110
(2004 Ed.)
70.95C.020
70.95C.120 Waste reduction and recycling awards program in K-12 public
schools.
70.95C.200 Hazardous waste generators and users—Voluntary reduction
plan.
70.95C.210 Voluntary reduction plan—Exemption.
70.95C.220 Voluntary reduction plan, executive summary, or progress
report—Department review.
70.95C.230 Appeal of department order or surcharge.
70.95C.240 Public inspection of plans, summaries, progress reports.
70.95C.250 Multimedia permit pilot program—Air, water, hazardous
waste management.
70.95C.010
70.95C.010 Legislative findings. The legislature finds
that land disposal and incineration of solid and hazardous
waste can be both harmful to the environment and costly to
those who must dispose of the waste. In order to address this
problem in the most cost-effective and environmentally
sound manner, and to implement the highest waste management priority as articulated in RCW 70.95.010 and
70.105.150, public and private efforts should focus on reducing the generation of waste. Waste reduction can be achieved
by encouraging voluntary efforts to redesign industrial, commercial, production, and other processes to result in the
reduction or elimination of waste byproducts and to maximize the in-process reuse or reclamation of valuable spent
material.
In the interest of protecting the public health, safety, and
the environment, the legislature declares that it is the policy
of the state of Washington to encourage reduction in the use
of hazardous substances and reduction in the generation of
hazardous waste whenever economically and technically
practicable.
The legislature finds that hazardous wastes are generated
by numerous different sources including, but not limited to,
large and small business, households, and state and local government. The legislature further finds that a goal against
which efforts at waste reduction may be measured is essential
for an effective hazardous waste reduction program. The
Pacific Northwest hazardous waste advisory council has
endorsed a goal of reducing, through hazardous substance use
reduction and waste reduction techniques, the generation of
hazardous waste by fifty percent by 1995. The legislature
adopts this as a policy goal for the state of Washington. The
legislature recognizes that many individual businesses have
already reduced the generation of hazardous waste through
appropriate hazardous waste reduction techniques. The legislature also recognizes that there are some basic industrial processes which by their nature have limited potential for significantly reducing the use of certain raw materials or substantially reducing the generation of hazardous wastes.
Therefore, the goal of reducing hazardous waste generation
by fifty percent cannot be applied as a regulatory requirement. [1990 c 114 § 1; 1988 c 177 § 1.]
Severability—1990 c 114: See RCW 70.95E.900.
Legislative findings.
Definitions.
Office of waste reduction—Duties.
Waste reduction and hazardous substance use reduction consultation program.
Waste reduction techniques—Workshops and seminars.
Waste reduction hot line—Data base system.
Waste reduction research and development program—Contracts.
Director's authority.
Waste reduction and recycling program to promote activities
by state agencies—Recycled paper goal.
70.95C.020
70.95C.020 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of
ecology or the director's designee.
(3) "Dangerous waste" shall have the same definition as
set forth in RCW 70.105.010(5) and shall specifically include
[Title 70 RCW—page 237]
70.95C.030
Title 70 RCW: Public Health and Safety
those wastes designated as dangerous by rules adopted pursuant to chapter 70.105 RCW.
(4) "EPA/state identification number" means the number
assigned by the EPA (environmental protection agency) or by
the department of ecology to each generator and/or transporter and treatment, storage, and/or disposal facility.
(5) "Extremely hazardous waste" shall have the same
definition as set forth in RCW 70.105.010(6) and shall specifically include those wastes designated as extremely hazardous by rules adopted pursuant to chapter 70.105 RCW.
(6) "Fee" means the annual hazardous waste fees
imposed under RCW 70.95E.020 and 70.95E.030.
(7) "Generate" means any act or process which produces
hazardous waste or first causes a hazardous waste to become
subject to regulation.
(8) "Hazardous substance" means any hazardous substance listed as a hazardous substance as of March 21, 1990,
pursuant to section 313 of Title III of the Superfund Amendments and Reauthorization Act, any other substance determined by the director by rule to present a threat to human
health or the environment, and all ozone depleting compounds as defined by the Montreal Protocol of October 1987.
(9)(a) "Hazardous substance use reduction" means the
reduction, avoidance, or elimination of the use or production
of hazardous substances without creating substantial new
risks to human health or the environment.
(b) "Hazardous substance use reduction" includes proportionate changes in the usage of hazardous substances as
the usage of a hazardous substance or hazardous substances
changes as a result of production changes or other business
changes.
(10) "Hazardous substance user" means any facility
required to report under section 313 of Title III of the Superfund Amendments and Reauthorization Act, except for those
facilities which only distribute or use fertilizers or pesticides
intended for commercial agricultural applications.
(11) "Hazardous waste" means and includes all dangerous and extremely hazardous wastes, but does not include
radioactive wastes or a substance composed of both radioactive and hazardous components and does not include any hazardous waste generated as a result of a remedial action under
state or federal law.
(12) "Hazardous waste generator" means any person
generating hazardous waste regulated by the department.
(13) "Office" means the office of waste reduction.
(14) "Plan" means the plan provided for in RCW
70.95C.200.
(15) "Person" means an individual, trust, firm, joint
stock company, partnership, association, state, public or private or municipal corporation, commission, political subdivision of a state, interstate body, the federal government,
including any agency or officer thereof, and any Indian tribe
or authorized tribal organization.
(16) "Process" means all industrial, commercial, production, and other processes that result in the generation of
waste.
(17) "Recycled for beneficial use" means the use of hazardous waste, either before or after reclamation, as a substitute for a commercial product or raw material, but does not
include: (a) Use constituting disposal; (b) incineration; or (c)
use as a fuel.
[Title 70 RCW—page 238]
(18) "Recycling" means reusing waste materials and
extracting valuable materials from a waste stream. Recycling
does not include burning for energy recovery.
(19) "Treatment" means the physical, chemical, or biological processing of waste to render it completely innocuous, produce a recyclable by-product, reduce toxicity, or substantially reduce the volume of material requiring disposal as
described in the priorities established in RCW 70.105.150.
Treatment does not include incineration.
(20) "Used oil" means (a) lubricating fluids that have
been removed from an engine crankcase, transmission, gearbox, hydraulic device, or differential of an automobile, bus,
truck, vessel, plane, heavy equipment, or machinery powered
by an internal combustion engine; (b) any oil that has been
refined from crude oil, used, and as a result of use, has been
contaminated with physical or chemical impurities; and (c)
any oil that has been refined from crude oil and, as a consequence of extended storage, spillage, or contamination, is no
longer useful to the original purchaser. "Used oil" does not
include used oil to which hazardous wastes have been added.
(21) "Waste" means any solid waste as defined under
RCW 70.95.030, any hazardous waste, any air contaminant
as defined under RCW 70.94.030, and any organic or inorganic matter that shall cause or tend to cause water pollution
as defined under RCW 90.48.020.
(22) "Waste generator" means any individual, business,
government agency, or any other organization that generates
waste.
(23) "Waste reduction" means all in-plant practices that
reduce, avoid, or eliminate the generation of wastes or the
toxicity of wastes, prior to generation, without creating substantial new risks to human health or the environment. As
used in RCW 70.95C.200 through 70.95C.240, "waste reduction" refers to hazardous waste only. [1991 c 319 § 313; 1990
c 114 § 2; 1988 c 177 § 2.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
Severability—1990 c 114: See RCW 70.95E.900.
70.95C.030
70.95C.030 Office of waste reduction—Duties. (1)
There is established in the department an office of waste
reduction. The office shall use its authorities to encourage the
voluntary reduction of hazardous substance usage and waste
generation by waste generators and hazardous substance
users. The office shall prepare and submit a quarterly
progress report to the director.
(2) The office shall be the coordinating center for all
state agency programs that provide technical assistance to
waste generators and hazardous substance users and shall
serve as the state's lead agency and promoter for such programs. In addition to this coordinating function, the office
shall encourage hazardous substance use reduction and waste
reduction by:
(a) Providing for the rendering of advice and consultation to waste generators and hazardous substance users on
hazardous substance use reduction and waste reduction techniques, including assistance in preparation of plans provided
for in RCW 70.95C.200;
(b) Sponsoring or co-sponsoring with public or private
organizations technical workshops and seminars on waste
reduction and hazardous substance use reduction;
(2004 Ed.)
Waste Reduction
(c) Administering a waste reduction and hazardous substance use reduction data base and hot line providing comprehensive referral services to waste generators and hazardous
substance users;
(d) Administering a waste reduction and hazardous substance use reduction research and development program;
(e) Coordinating a waste reduction and hazardous substance use reduction public education program that includes
the utilization of existing publications from public and private sources, as well as publishing necessary new materials
on waste reduction;
(f) Recommending to institutions of higher education in
the state courses and curricula in areas related to waste reduction and hazardous substance use reduction; and
(g) Operating an intern program in cooperation with
institutions of higher education and other outside resources to
provide technical assistance on hazardous substance use
reduction and waste reduction techniques and to carry out
research projects as needed within the office. [1998 c 245 §
133; 1990 c 114 § 3; 1988 c 177 § 3.]
Severability—1990 c 114: See RCW 70.95E.900.
70.95C.040
70.95C.040 Waste reduction and hazardous substance use reduction consultation program. (1) The office
shall establish a waste reduction and hazardous substance use
reduction consultation program to be coordinated with other
state waste reduction and hazardous substance use reduction
consultation programs.
(2) The director may grant a request by any waste generator or hazardous substance user for advice and consultation
on waste reduction and hazardous substance use reduction
techniques and assistance in preparation or modification of a
plan, executive summary, or annual progress report, or assistance in the implementation of a plan required by RCW
70.95C.200. Pursuant to a request from a facility such as a
business, governmental entity, or other process site in the
state, the director may visit the facility making the request for
the purposes of observing hazardous substance use and the
waste-generating process, obtaining information relevant to
waste reduction and hazardous substance use reduction, rendering advice, and making recommendations. No such visit
may be regarded as an inspection or investigation, and no
notices or citations may be issued, or civil penalty be
assessed, upon such a visit. A representative of the director
providing advisory or consultative services under this section
may not have any enforcement authority.
(3) Consultation and advice given under this section
shall be limited to the matters specified in the request and
shall include specific techniques of waste reduction and hazardous substance use reduction tailored to the relevant process. In granting any request for advisory or consultative services, the director may provide for an alternative means of
affording consultation and advice other than on-site consultation.
(4) Any proprietary information obtained by the director
while carrying out the duties required under this section shall
remain confidential and shall not be publicized or become
part of the data base established under RCW 70.95C.060
without written permission of the requesting party. [1990 c
114 § 5; 1988 c 177 § 4.]
(2004 Ed.)
70.95C.110
Severability—1990 c 114: See RCW 70.95E.900.
70.95C.050
70.95C.050 Waste reduction techniques—Workshops and seminars. The office, in coordination with all
other state waste reduction technical assistance programs,
shall sponsor technical workshops and seminars on waste
reduction techniques that have been successfully used to
eliminate or reduce substantially the amount of waste or toxicity of hazardous waste generated, or that use in-process reclamation or reuse of spent material. [1988 c 177 § 5.]
70.95C.060
70.95C.060 Waste reduction hot line—Data base system. (1) The office shall establish a statewide waste reduction hot line with the capacity to refer waste generators and
the public to sources of information on specific waste reduction techniques and procedures. The hot line shall coordinate
with all other state waste hot lines.
(2) The director shall work with the state library to establish a data base system that shall include proven waste reduction techniques and case studies of effective waste reduction.
The data base system shall be: (a) Coordinated with all other
state agency data bases on waste reduction; (b) administered
in conjunction with the statewide waste reduction hot line;
and (c) readily accessible to the public. [1988 c 177 § 6.]
70.95C.070
70.95C.070 Waste reduction research and development program—Contracts. (1) The office may administer
a waste reduction research and development program. The
director may contract with any public or private organization
for the purpose of developing methods and technologies that
achieve waste reduction. All research performed and all
methods or technologies developed as a result of a contract
entered into under this section shall become the property of
the state and shall be incorporated into the data base system
established under RCW 70.95C.060.
(2) Any contract entered into under this section shall be
awarded only after requests for proposals have been circulated to persons, firms, or organizations who have requested
that their names be placed on a proposal list. The director
shall establish a proposal list and shall review and evaluate all
proposals received. [1988 c 177 § 7.]
70.95C.080
70.95C.080 Director's authority. (1) The director may
solicit and accept gifts, grants, conveyances, bequests, and
devises, in trust or otherwise, to be directed to the office of
waste reduction.
(2) The director may enter into contracts with any public
or private organization to carry out the purposes of this chapter. [1988 c 177 § 8.]
70.95C.110
70.95C.110 Waste reduction and recycling program
to promote activities by state agencies—Recycled paper
goal. The legislature finds and declares that the buildings
and facilities owned and leased by state government produce
significant amounts of solid and hazardous wastes, and
actions must be taken to reduce and recycle these wastes and
thus reduce the costs associated with their disposal. In order
for the operations of state government to provide the citizens
of the state an example of positive waste management, the
legislature further finds and declares that state government
[Title 70 RCW—page 239]
70.95C.120
Title 70 RCW: Public Health and Safety
should undertake an aggressive program designed to reduce
and recycle solid and hazardous wastes produced in the operations of state buildings and facilities to the maximum extent
possible.
The office of waste reduction, in cooperation with the
department of general administration, shall establish an
intensive waste reduction and recycling program to promote
the reduction of waste produced by state agencies and to promote the source separation and recovery of recyclable and
reusable materials.
All state agencies, including but not limited to, colleges,
community colleges, universities, offices of elected and
appointed officers, the supreme court, court of appeals, and
administrative departments of state government shall fully
cooperate with the office of waste reduction and recycling in
all phases of implementing the provisions of this section. The
office shall establish a coordinated state plan identifying each
agency's participation in waste reduction and recycling. The
office shall develop the plan in cooperation with a multiagency committee on waste reduction and recycling.
Appointments to the committee shall be made by the director
of the department of general administration. The director
shall notify each agency of the committee, which shall implement the applicable waste reduction and recycling plan elements. All state agencies are to use maximum efforts to
achieve a goal of increasing the use of recycled paper by fifty
percent by July 1, 1993. [1989 c 431 § 53.]
Severability—Section captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
70.95C.120
70.95C.120 Waste reduction and recycling awards
program in K-12 public schools. The office of waste reduction shall develop, in consultation with the superintendent of
public instruction, an awards program to achieve waste
reduction and recycling in the public schools, grades kindergarten through high school. The office shall develop guidelines for program development and implementation. Each
public school shall implement a waste reduction and recycling program conforming to guidelines developed by the
office.
For the purpose of granting awards, the office may group
schools into not more than three classes, based upon student
population, distance to markets for recyclable materials, and
other criteria, as deemed appropriate by the office. Except as
otherwise provided, five or more awards shall be granted to
each of the three classes. Each award shall be a sum of not
less than two thousand dollars nor more than five thousand
dollars. Awards shall be granted each year to the schools that
achieve the greatest levels of waste reduction and recycling.
A single award of not less than five thousand dollars shall be
presented to the school having the best recycling program as
measured by the total amount of materials recycled, including
materials generated outside of the school. A single award of
not less than five thousand dollars shall be presented to the
school having the best waste reduction program as determined by the office.
The superintendent of public instruction shall distribute
guidelines and other materials developed by the office to
implement programs to reduce and recycle waste generated
in administrative offices, classrooms, laboratories, cafeterias,
[Title 70 RCW—page 240]
and maintenance operations. [1991 c 319 § 114; 1989 c 431
§ 54.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
Severability—Section captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
70.95C.200
70.95C.200 Hazardous waste generators and users—
Voluntary reduction plan. (1) Each hazardous waste generator who generates more than two thousand six hundred forty
pounds of hazardous waste per year and each hazardous substance user, except for those facilities that are primarily permitted treatment, storage, and disposal facilities or recycling
facilities, shall prepare a plan for the voluntary reduction of
the use of hazardous substances and the generation of hazardous wastes. Hazardous waste generated and recycled for beneficial use, including initial amount of hazardous substances
introduced into a process and subsequently recycled for beneficial use, shall not be used in the calculation of hazardous
waste generated for purposes of this section. The department
may develop reporting requirements, consistent with existing
reporting, to establish recycling for beneficial use under this
section. Used oil to be rerefined or burned for energy or heat
recovery shall not be used in the calculation of hazardous
wastes generated for purposes of this section, and is not
required to be addressed by plans prepared under this section.
A person with multiple interrelated facilities where the processes in the facilities are substantially similar, may prepare a
single plan covering one or more of those facilities.
(2) Each user or generator required to write a plan is
encouraged to advise its employees of the planning process
and solicit comments or suggestions from its employees on
hazardous substance use and waste reduction options.
(3) The department shall adopt by April 1, 1991, rules
for preparation of plans. The rules shall require the plan to
address the following options, according to the following
order of priorities: Hazardous substance use reduction, waste
reduction, recycling, and treatment. In the planning process,
first consideration shall be given to hazardous substance use
reduction and waste reduction options. Consideration shall be
given next to recycling options. Recycling options may be
considered only after hazardous substance use reduction
options and waste reduction options have been thoroughly
researched and shown to be inappropriate. Treatment options
may be considered only after hazardous substance use reduction, waste reduction, and recycling options have been thoroughly researched and shown to be inappropriate. Documentation of the research shall be available to the department
upon request. The rules shall also require the plans to discuss
the hazardous substance use reduction, waste reduction, and
closed loop recycling options separately from other recycling
and treatment options. All plans shall be written in conformance with the format prescribed in the rules adopted under
this section. The rules shall require the plans to include, but
not be limited to:
(a) A written policy articulating management and corporate support for the plan and a commitment to implementing
planned activities and achieving established goals;
(b) The plan scope and objectives;
(c) Analysis of current hazardous substance use and hazardous waste generation, and a description of current hazard(2004 Ed.)
Waste Reduction
ous substance use reduction, waste reduction, recycling, and
treatment activities;
(d) An identification of further hazardous substance use
reduction, waste reduction, recycling, and treatment opportunities, and an analysis of the amount of hazardous substance
use reduction and waste reduction that would be achieved,
and the costs. The analysis of options shall demonstrate that
the priorities provided for in this section have been followed;
(e) A selection of options to be implemented in accordance with the priorities established in this section;
(f) An analysis of impediments to implementing the
options. Impediments that shall be considered acceptable
include, but are not limited to: Adverse impacts on product
quality, legal or contractual obligations, economic practicality, and technical feasibility;
(g) A written policy stating that in implementing the
selected options, whenever technically and economically
practicable, risks will not be shifted from one part of a process, environmental media, or product to another;
(h) Specific performance goals in each of the following
categories, expressed in numeric terms:
(i) Hazardous substances to be reduced or eliminated
from use;
(ii) Wastes to be reduced or eliminated through waste
reduction techniques;
(iii) Materials or wastes to be recycled; and
(iv) Wastes to be treated;
If the establishment of numeric performance goals is not
practicable, the performance goals shall include a clearly
stated list of objectives designed to lead to the establishment
of numeric goals as soon as is practicable. Goals shall be set
for a five-year period from the first reporting date;
(i) A description of how the wastes that are not recycled
or treated and the residues from recycling and treatment processes are managed may be included in the plan;
(j) Hazardous substance use and hazardous waste
accounting systems that identify hazardous substance use and
waste management costs and factor in liability, compliance,
and oversight costs;
(k) A financial description of the plan;
(l) Personnel training and employee involvement programs;
(m) A five-year plan implementation schedule;
(n) Documentation of hazardous substance use reduction
and waste reduction efforts completed before or in progress at
the time of the first reporting date; and
(o) An executive summary of the plan, which shall
include, but not be limited to:
(i) The information required by (c), (e), (h), and (n) of
this subsection; and
(ii) A summary of the information required by (d) and (f)
of this subsection.
(4) Upon completion of a plan, the owner, chief executive officer, or other person with the authority to commit
management to the plan shall sign and submit an executive
summary of the plan to the department.
(5) Plans shall be completed and executive summaries
submitted in accordance with the following schedule:
(a) Hazardous waste generators who generated more
than fifty thousand pounds of hazardous waste in calendar
(2004 Ed.)
70.95C.220
year 1991 and hazardous substance users who were required
to report in 1991, by September 1, 1992;
(b) Hazardous waste generators who generated between
seven thousand and fifty thousand pounds of hazardous waste
in calendar year 1992 and hazardous substance users who
were required to report for the first time in 1992, by September 1, 1993;
(c) Hazardous waste generators who generated between
two thousand six hundred forty and seven thousand pounds
of hazardous waste in 1993 and hazardous substance users
who were required to report for the first time in 1993, by September 1, 1994;
(d) Hazardous waste generators who have not been
required to complete a plan on or prior to September 1, 1994,
must complete a plan by September 1 of the year following
the first year that they generate more than two thousand six
hundred forty pounds of hazardous waste; and
(e) Hazardous substance users who have not been
required to complete a plan on or prior to September 1, 1994,
must complete a plan by September 1 of the year following
the first year that they are required to report under section 313
of Title III of the Superfund Amendments and Reauthorization Act.
(6) Annual progress reports, including a description of
the progress made toward achieving the specific performance
goals established in the plan, shall be prepared and submitted
to the department in accordance with rules developed under
this section. Upon the request of two or more users or generators belonging to similar industrial classifications, the
department may aggregate data contained in their annual
progress reports for the purpose of developing a public
record.
(7) Every five years, each plan shall be updated, and a
new executive summary shall be submitted to the department.
[1991 c 319 § 314; 1990 c 114 § 6.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
Severability—1990 c 114: See RCW 70.95E.900.
70.95C.210
70.95C.210 Voluntary reduction plan—Exemption.
A person required to prepare a plan under RCW 70.95C.200
because of the quantity of hazardous waste generated may
petition the director to be excused from this requirement. The
person must demonstrate to the satisfaction of the director
that the quantity of hazardous waste generated was due to
unique circumstances not likely to be repeated and that the
person is unlikely to generate sufficient hazardous waste to
require a plan in the next five years. [1990 c 114 § 7.]
Severability—1990 c 114: See RCW 70.95E.900.
70.95C.220
70.95C.220 Voluntary reduction plan, executive
summary, or progress report—Department review. (1)
The department may review a plan, executive summary, or an
annual progress report to determine whether the plan, executive summary, or annual progress report is adequate pursuant
to the rules developed under this section and with the provisions of RCW 70.95C.200. In determining the adequacy of
any plan, executive summary, or annual progress report, the
department shall base its determination solely on whether the
plan, executive summary, or annual progress report is com[Title 70 RCW—page 241]
70.95C.230
Title 70 RCW: Public Health and Safety
plete and prepared in accordance with the provisions of RCW
70.95C.200.
(2) Plans developed under RCW 70.95C.200 shall be
retained at the facility of the hazardous substance user or hazardous waste generator preparing a plan. The plan is not a
public record under the public disclosure laws of the state of
Washington contained in chapter 42.17 RCW. A user or generator required to prepare a plan shall permit the director or a
representative of the director to review the plan to determine
its adequacy. No visit made by the director or a representative
of the director to a facility for the purposes of this subsection
may be regarded as an inspection or investigation, and no
notices or citations may be issued, nor any civil penalty
assessed, upon such a visit.
(3) If a hazardous substance user or hazardous waste
generator fails to complete an adequate plan, executive summary, or annual progress report, the department shall notify
the user or generator of the inadequacy, identifying specific
deficiencies. For the purposes of this section, a deficiency
may include failure to develop a plan, failure to submit an
executive summary pursuant to the schedule provided in
RCW 70.95C.200(5), and failure to submit an annual
progress report pursuant to the rules developed under RCW
70.95C.200(6). The department shall specify a reasonable
time frame, of not less than ninety days, within which the
user or generator shall complete a modified plan, executive
summary, or annual progress report addressing the specified
deficiencies.
(4) If the department determines that a modified plan,
executive summary, or annual progress report is inadequate,
the department may, within its discretion, either require further modification or enter an order pursuant to subsection
(5)(a) of this section.
(5)(a) If, after having received a list of specified deficiencies from the department, a hazardous substance user or
hazardous waste generator required to prepare a plan fails to
complete modification of a plan, executive summary, or
annual progress report within the time period specified by the
department, the department may enter an order pursuant to
chapter 34.05 RCW finding the user or generator not in compliance with the requirements of RCW 70.95C.200. When the
order is final, the department shall notify the department of
revenue to charge a penalty fee. The penalty fee shall be the
greater of one thousand dollars or three times the amount of
the user's or generator's previous year's fee, in addition to the
current year's fee. If no fee was assessed the previous year,
the penalty shall be the greater of one thousand dollars or
three times the amount of the current year's fee. The penalty
assessed under this subsection shall be collected each year
after the year for which the penalty was assessed until an adequate plan or executive summary is completed.
(b) If a hazardous substance user or hazardous waste
generator required to prepare a plan fails to complete an adequate plan, executive summary, or annual progress report
after the department has levied against the user or generator
the penalty provided in (a) of this subsection, the user or generator shall be required to pay a surcharge to the department
whenever the user or generator disposes of a hazardous waste
at any hazardous waste incinerator or hazardous waste landfill facility located in Washington state, until a plan, executive summary, or annual progress report is completed and
[Title 70 RCW—page 242]
determined to be adequate by the department. The surcharge
shall be equal to three times the fee charged for disposal. The
department shall furnish the incinerator and landfill facilities
in this state with a list of environmental protection
agency/state identification numbers of the hazardous waste
generators that are not in compliance with the requirements
of RCW 70.95C.200. [1990 c 114 § 8.]
Severability—1990 c 114: See RCW 70.95E.900.
70.95C.230
70.95C.230 Appeal of department order or surcharge. A user or generator may appeal from a department
order or a surcharge under RCW 70.95C.220 to the pollution
control hearings board pursuant to chapter 43.21B RCW.
[1990 c 114 § 9.]
Severability—1990 c 114: See RCW 70.95E.900.
70.95C.240
70.95C.240 Public inspection of plans, summaries,
progress reports. (1) The department shall make available
for public inspection any executive summary or annual
progress report submitted to the department. Any hazardous
substance user or hazardous waste generator required to prepare an executive summary or annual progress report who
believes that disclosure of any information contained in the
executive summary or annual progress report may adversely
affect the competitive position of the user or generator may
request the department pursuant to RCW 43.21A.160 to
delete from the public record those portions of the executive
summary or annual progress report that may affect the user's
or generator's competitive position. The department shall not
disclose any information contained in an executive summary
or annual progress report pending a determination of whether
the department will delete any information contained in the
report from the public record.
(2) Any ten persons residing within ten miles of a hazardous substance user or hazardous waste generator required
to prepare a plan may file with the department a petition
requesting the department to examine a plan to determine its
adequacy. The department shall report its determination of
adequacy to the petitioners and to the user or generator within
a reasonable time. The department may deny a petition if the
department has within the previous year determined the plan
of the user or generator named in the petition to be adequate.
(3) The department shall maintain a record of each plan,
executive summary, or annual progress report it reviews, and
a list of all plans, executive summaries, or annual progress
reports the department has determined to be inadequate,
including descriptions of corrective actions taken. This information shall be made available to the public. [1990 c 114 §
10.]
Severability—1990 c 114: See RCW 70.95E.900.
70.95C.250
70.95C.250 Multimedia permit pilot program—Air,
water, hazardous waste management. (1) Not later than
January 1, 1995, the department shall designate an industry
type and up to ten individual facilities within that industry
type to be the focus of a pilot multimedia program. The program shall be designed to coordinate department actions
related to environmental permits, plans, approvals, certificates, registrations, technical assistance, and inspections. The
program shall also investigate the feasibility of issuing facil(2004 Ed.)
Solid Waste Incinerator and Landfill Operators
ity-wide permits. The director shall determine the industry
type and facilities based on:
(a) A review of at least three industry types; and
(b) Criteria which shall include at least the following factors:
(i) The potential for the industry to serve as a statewide
model for multimedia environmental programs including
pollution prevention;
(ii) Whether the industry type is subject to regulatory
requirements relating to at least two of the following subject
areas: Air quality, water quality, or hazardous waste management;
(iii) The existence within the industry type of a range of
business sizes; and
(iv) Voluntary participation in the program.
(2) In developing the program, the department shall consult with and seek the cooperation of the environmental protection agency.
(3) For purposes of this section, "facility-wide permit"
means a single multimedia permit issued by the department
to the owner or operator of a facility incorporating the permits and any other relevant department approvals previously
issued to the owner or operator or currently required by the
department. [1998 c 245 § 134; 1994 c 248 § 1.]
Conflict with federal requirements—1994 c 248: "If any part of this
act is found to be in conflict with federal requirements, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned."
[1994 c 248 § 5.]
Chapter 70.95D
Chapter 70.95D RCW
SOLID WASTE INCINERATOR
AND LANDFILL OPERATORS
Sections
70.95D.010 Definitions.
70.95D.020 Incineration facilities—Owner and operator certification
requirements.
70.95D.030 Landfills—Owner and operator certification requirements.
70.95D.040 Certification process—Suspension of license or certificate for
noncompliance with support order.
70.95D.051 Ad hoc advisory committees.
70.95D.060 Revocation of certification.
70.95D.070 Certification of inspectors.
70.95D.080 Authority of director.
70.95D.090 Unlawful acts—Variance from requirements.
70.95D.100 Penalties.
70.95D.110 Deposit of receipts.
70.95D.900 Severability—1989 c 431.
70.95D.901 Section captions not law—1989 c 431.
70.95D.010
70.95D.010 Definitions. Unless the context clearly
requires otherwise the definitions in this section apply
throughout this chapter.
(1) "Certificate" means a certificate of competency
issued by the director stating that the operator has met the
requirements for the specified operator classification of the
certification program.
(2) "Department" means the department of ecology.
(3) "Director" means the director of ecology.
(4) "Incinerator" means a facility which has the primary
purpose of burning or which is designed with the primary
purpose of burning solid waste or solid waste derived fuel,
(2004 Ed.)
70.95D.030
but excludes facilities that have the primary purpose of burning hog fuel.
(5) "Landfill" means a landfill as defined under RCW
70.95.030.
(6) "Owner" means, in the case of a town or city, the city
or town acting through its chief executive officer or the lessee
if operated pursuant to a lease or contract; in the case of a
county, the chief elected official of the county legislative
authority or the chief elected official's designee; in the case of
a board of public utilities, association, municipality, or other
public body, the president or chief elected official of the body
or the president's or chief elected official's designee; in the
case of a privately owned landfill or incinerator, the legal
owner.
(7) "Solid waste" means solid waste as defined under
RCW 70.95.030. [1995 c 269 § 2801; 1989 c 431 § 65.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.95D.020
70.95D.020 Incineration facilities—Owner and operator certification requirements. (1) By January 1, 1992,
the owner or operator of a solid waste incineration facility
shall employ a certified operator. At a minimum, the individual on-site at a solid waste incineration facility who is designated by the owner as the operator in responsible charge of
the operation and maintenance of the facility on a routine
basis shall be certified by the department.
(2) If a solid waste incinerator is operated on more than
one daily shift, the operator in charge of each shift shall be
certified.
(3) Operators not required to be certified are encouraged
to become certified on a voluntary basis.
(4) The department shall adopt and enforce such rules as
may be necessary for the administration of this section.
[1989 c 431 § 66.]
70.95D.030
70.95D.030 Landfills—Owner and operator certification requirements. (1) By January 1, 1992, the owner or
operator of a landfill shall employ a certified landfill operator.
(2) For each of the following types of landfills defined in
existing regulations: Inert, demolition waste, problem waste,
and municipal solid waste, the department shall adopt rules
classifying all landfills in each class. The factors to be considered in the classification shall include, but not be limited
to, the type and amount of waste in place and projected to be
disposed of at the site, whether the landfill currently meets
state and federal operating criteria, the location of the landfill, and such other factors as may be determined to affect the
skill, knowledge, and experience required of an operator to
operate the landfill in a manner protective of human health
and the environment.
(3) The rules shall identify the landfills in each class in
which the owner or operator will be required to employ a certified landfill operator who is on-site at all times the landfill
is operating. At a minimum, the rule shall require that owners
and operators of landfills are required to employ a certified
landfill operator who is on call at all times the landfill is operating. [1989 c 431 § 67.]
[Title 70 RCW—page 243]
70.95D.040
Title 70 RCW: Public Health and Safety
70.95D.040 Certification process—Suspension of
license or certificate for noncompliance with support
order. (1) The department shall establish a process to certify
incinerator and landfill operators. To the greatest extent possible, the department shall rely on the certification standards
and procedures developed by national organizations and the
federal government.
(2) Operators shall be certified if they:
(a) Attend the required training sessions;
(b) Successfully complete required examinations; and
(c) Pay the prescribed fee.
(3) By January 1, 1991, the department shall adopt rules
to require incinerator and appropriate landfill operators to:
(a) Attend a training session concerning the operation of
the relevant type of landfill or incinerator;
(b) Demonstrate sufficient skill and competency for
proper operation of the incinerator or landfill by successfully
completing an examination prepared by the department; and
(c) Renew the certificate of competency at reasonable
intervals established by the department.
(4) The department shall provide for the collection of
fees for the issuance and renewal of certificates. These fees
shall be sufficient to recover the costs of the certification program.
(5) The department shall establish an appeals process for
the denial or revocation of a certificate.
(6) The department shall establish a process to automatically certify operators who have received comparable certification from another state, the federal government, a local
government, or a professional association.
(7) Upon July 23, 1989, and prior to January 1, 1992, the
owner or operator of an incinerator or landfill may apply to
the department for interim certification. Operators shall
receive interim certification if they:
(a) Have received training provided by a recognized
national organization, educational institution, or the federal
government that is acceptable to the department; or
(b) Have received individualized training in a manner
approved by the department; and
(c) Have successfully completed any required examinations.
(8) No interim certification shall be valid after January 1,
1992, and interim certification shall not automatically qualify
operators for certification pursuant to subsections (2) through
(4) of this section.
(9) The department shall immediately suspend the
license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a
support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or
certificate shall be automatic upon the department's receipt of
a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[1997 c 58 § 875; 1989 c 431 § 68.]
70.95D.040
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
[Title 70 RCW—page 244]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
70.95D.051
70.95D.051 Ad hoc advisory committees. The director
may establish ad hoc advisory committees, as necessary, to
obtain advice and technical assistance on the certification of
solid waste incinerator and landfill operators. [1995 c 269 §
2804.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.95D.060
70.95D.060 Revocation of certification. (1) The director may revoke a certificate:
(a) If it were found to have been obtained by fraud or
deceit;
(b) For gross negligence in the operation of a solid waste
incinerator or landfill;
(c) For violating the requirements of this chapter or any
lawful rule or order of the department; or
(d) If the facility operated by the certified employee is
operated in violation of state or federal environmental laws.
(2) A person whose certificate is revoked under this section shall not be eligible to apply for a certificate for one year
from the effective date of the final order of revocation. [1995
c 269 § 2802; 1989 c 431 § 70.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.95D.070
70.95D.070 Certification of inspectors. Any person
who is employed by a public agency to inspect the operation
of a landfill or a solid waste incinerator to determine the compliance of the facility with state or local laws or rules shall be
required to be certified in the same manner as an operator
under this chapter. [1989 c 431 § 71.]
70.95D.080
70.95D.080 Authority of director. To carry out the
provisions and purposes of this chapter, the director may:
(1) Enter into agreements, contracts, or cooperative
arrangements, under such terms and conditions as the director
deems appropriate, with other state, federal, or interstate
agencies, municipalities, educational institutions, or other
organizations or individuals.
(2) Receive financial and technical assistance from the
federal government, other public agencies, and private agencies.
(3) Participate in related programs of the federal government, other states, interstate agencies, other public agencies,
or private agencies or organizations.
(4) Upon request, furnish reports, information, and materials relating to the certification program authorized by this
chapter to federal, state, or interstate agencies, municipalities,
educational institutions, and other organizations and individuals.
(5) Establish adequate fiscal controls and accounting
procedures to assure proper disbursement of and accounting
(2004 Ed.)
Hazardous Waste Fees
70.95E.020
70.95E.010
70.95D.901 Section captions not law—1989 c 431.
See RCW 70.95.902.
70.95E.010 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Dangerous waste" shall have the same definition as
set forth in RCW 70.105.010(5) and shall include those
wastes designated as dangerous by rules adopted pursuant to
chapter 70.105 RCW.
(2) "Department" means the department of ecology.
(3) "EPA/ state identification number" means the number assigned by the EPA (environmental protection agency)
or by the department of ecology to each generator and/ or
transporter and treatment, storage, and/ or disposal facility.
(4) "Extremely hazardous waste" shall have the same
definition as set forth in RCW 70.105.010(6) and shall specifically include those wastes designated as extremely hazardous by rules adopted pursuant to chapter 70.105 RCW.
(5) "Fee" means the annual fees imposed under this
chapter.
(6) "Generate" means any act or process which produces
hazardous waste or first causes a hazardous waste to become
subject to regulation.
(7) "Hazardous waste" means and includes all dangerous
and extremely hazardous wastes but for the purposes of this
chapter excludes all radioactive wastes or substances composed of both radioactive and hazardous components.
(8) "Hazardous waste generator" means all persons
whose primary business activities are identified by the
department to generate any quantity of hazardous waste in
the calendar year for which the fee is imposed.
(9) "Person" means an individual, trust, firm, joint stock
company, partnership, association, state, public or private or
municipal corporation, commission, political subdivision of a
state, interstate body, the federal government including any
agency or officer thereof, and any Indian tribe or authorized
tribal organization.
(10) "Price deflator" means the United States department
of commerce bureau of economic analysis, "Implicit Price
Deflator for Gross National Product" for "Government Purchases of Goods and Services," for "State and Local Government."
(11) "Recycled for beneficial use" means the use of hazardous waste, either before or after reclamation, as a substitute for a commercial product or raw material, but does not
include: (a) Use constituting disposal; (b) incineration; or (c)
use as a fuel.
(12) "Waste generation site" means any geographical
area that has been assigned an EPA/ state identification number. [1995 c 207 § 1; 1994 c 136 § 1; 1990 c 114 § 11.]
Chapter 70.95E RCW
HAZARDOUS WASTE FEES
Effective date—1995 c 207: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 3, 1995]." [1995 c 207 § 5.]
for funds appropriated or otherwise provided for the purpose
of carrying out this chapter.
(6) Adopt rules under chapter 34.05 RCW. [1989 c 431
§ 72.]
70.95D.090
70.95D.090 Unlawful acts—Variance from requirements. After January 1, 1992, it is unlawful for any person,
firm, corporation, municipal corporation, or other governmental subdivision or agency to operate a solid waste incineration or landfill facility unless the operators are duly certified by the director under this chapter or any lawful rule or
order of the department. It is unlawful for any person to perform the duties of an operator without being duly certified
under this chapter. The department shall adopt rules that
allow the owner or operator of a landfill or solid waste incineration facility to request a variance from this requirement
under emergency conditions. The department may impose
such conditions as may be necessary to protect human health
and the environment during the term of the variance. [1989 c
431 § 73.]
70.95D.100
70.95D.100 Penalties. (1) Any person, including any
firm, corporation, municipal corporation, or other governmental subdivision or agency, with the exception of incinerator operators, violating any provision of this chapter or the
rules adopted under this chapter, is guilty of a misdemeanor.
(2) Any incinerator operator who violates any provision
of this chapter is guilty of a gross misdemeanor.
(3) Each day of operation in violation of this chapter or
any rules adopted under this chapter shall constitute a separate offense.
(4) The prosecuting attorney or the attorney general, as
appropriate, shall secure injunctions of continuing violations
of any provisions of this chapter or the rules adopted under
this chapter. [2003 c 53 § 356; 1989 c 431 § 74.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.95D.110
70.95D.110 Deposit of receipts. All receipts realized in
the administration of this chapter shall be paid into the general fund. [1989 c 431 § 75.]
70.95D.900
70.95D.900 Severability—1989 c 431.
70.95.901.
See RCW
70.95D.901
Chapter 70.95E
Sections
70.95E.010
70.95E.020
70.95E.030
70.95E.040
70.95E.050
70.95E.080
70.95E.090
70.95E.100
70.95E.900
(2004 Ed.)
70.95E.020
Definitions.
Hazardous waste generation—Fee.
Voluntary reduction plan—Fees.
Fees—Generally.
Administration of fees.
Hazardous waste assistance account.
Technical assistance and compliance education—Grants.
Exclusion from chapter.
Severability—1990 c 114.
70.95E.020 Hazardous waste generation—Fee. A fee
is imposed for the privilege of generating hazardous waste in
the state. The annual amount of the fee shall be thirty-five
dollars upon every hazardous waste generator doing business
in Washington in the current calendar year or any part
thereof. This fee shall be collected by the department or its
designee. A hazardous waste generator shall be exempt from
the fee imposed under this section if the value of products,
[Title 70 RCW—page 245]
70.95E.030
Title 70 RCW: Public Health and Safety
gross proceeds of sales, or gross income of the business, from
all business activities of the hazardous waste generator, is
less than twelve thousand dollars in the current calendar year.
The department shall, subject to appropriation, use the funds
collected from the fees assessed in this subsection to support
the activities of the office of waste reduction as specified in
RCW 70.95C.030. The fee imposed pursuant to this section is
due annually by July 1 of the year following the calendar year
for which the fee is imposed. [1995 c 207 § 2. Prior: 1994
sp.s. c 2 § 3; 1994 c 136 § 2; 1990 c 114 § 12.]
Effective date—1995 c 207: See note following RCW 70.95E.010.
Effective date—1994 sp.s. c 2: See note following RCW 82.04.4451.
70.95E.030
70.95E.030 Voluntary reduction plan—Fees. Hazardous waste generators and hazardous substance users
required to prepare plans under RCW 70.95C.200 shall pay
an annual fee to support implementation of RCW 70.95C.200
and 70.95C.040. These fees are to be used by the department,
subject to appropriation, for plan review, technical assistance
to facilities that are required to prepare plans, other activities
related to plan development and implementation, and associated indirect costs. The total fees collected under this subsection shall not exceed the department's costs of implementing
RCW 70.95C.200 and 70.95C.040 and shall not exceed one
million dollars per year. The annual fee for a facility shall not
exceed ten thousand dollars per year. Any facility that generates less than two thousand six hundred forty pounds of hazardous waste per waste generation site in the previous calendar year shall be exempt from the fee imposed by this section.
The annual fee for a facility generating at least two thousand
six hundred forty pounds but not more than four thousand
pounds of hazardous waste per waste generation site in the
previous calendar year shall not exceed fifty dollars. A person that develops a plan covering more than one interrelated
facility as provided for in RCW 70.95C.200 shall be assessed
fees only for the number of plans prepared. The department
shall adopt a fee schedule by rule after consultation with typical affected businesses and other interested parties. Hazardous waste generated and recycled for beneficial use, including initial amount of hazardous substances introduced into a
process and subsequently recycled for beneficial use, shall
not be used in the calculations of hazardous waste generated
for purposes of this section.
The annual fee imposed by this section shall be first due
on July 1 of the year prior to the year that the facility is
required to prepare a plan, and by July 1 of each year thereafter. [1994 c 136 § 3; 1990 c 114 § 13.]
70.95E.040
70.95E.040 Fees—Generally. On an annual basis, the
department shall adjust the fees provided for in RCW
70.95E.020 and 70.95E.030, including the maximum annual
fee, and maximum total fees, by conducting the calculation in
subsection (1) of this section and taking the actions set forth
in subsection (2) of this section:
(1) In November of each year, the fees, annual fee, and
maximum total fees imposed in RCW 70.95E.020 and
70.95E.030, or as subsequently adjusted by this section, shall
be multiplied by a factor equal to the most current quarterly
"price deflator" available, divided by the "price deflator"
used in the numerator the previous year. However, the "price
[Title 70 RCW—page 246]
deflator" used in the denominator for the first adjustment
shall be defined by the second quarter "price deflator" for
1990.
(2) Each year by March 1 the fee schedule, as adjusted in
subsection (1) of this section will be published. The department will round the published fees to the nearest dollar.
[1990 c 114 § 14.]
70.95E.050
70.95E.050 Administration of fees. In administration
of this chapter for the enforcement and collection of the fees
due and owing under RCW 70.95E.020 and 70.95E.030, the
department may apply RCW 43.17.240. [1995 c 207 § 3;
1994 c 136 § 4; 1990 c 114 § 15.]
Effective date—1995 c 207: See note following RCW 70.95E.010.
70.95E.080
70.95E.080 Hazardous waste assistance account. The
hazardous waste assistance account is hereby created in the
state treasury. The following moneys shall be deposited into
the hazardous waste assistance account:
(1) Those revenues which are raised by the fees imposed
under RCW 70.95E.020 and 70.95E.030;
(2) Penalties and surcharges collected under chapter
70.95C RCW and this chapter; and
(3) Any other moneys appropriated or transferred to the
account by the legislature. Moneys in the hazardous waste
assistance account may be spent only for the purposes of this
chapter following legislative appropriation. [1991 sp.s. c 13
§ 75; 1990 c 114 § 18.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
70.95E.090
70.95E.090 Technical assistance and compliance
education—Grants. The department may use funds in the
hazardous waste assistance account to provide technical
assistance and compliance education assistance to hazardous
substance users and waste generators, to provide grants to
local governments, and for administration of this chapter.
Technical assistance may include the activities authorized under chapter 70.95C RCW and RCW 70.105.170 to
encourage hazardous waste reduction and hazardous use
reduction and the assistance provided for by RCW
70.105.100(2).
Compliance education may include the activities authorized under RCW 70.105.100(2) to train local agency officials and to inform hazardous substance users and hazardous
waste generators and owners and operators of hazardous
waste management facilities of the requirements of chapter
70.105 RCW and related federal laws and regulations. To the
extent practicable, the department shall contract with private
businesses to provide compliance education.
Grants to local governments shall be used for small
quantity generator technical assistance and compliance education components of their moderate risk waste plans as
required by RCW 70.105.220. [1995 c 207 § 4; 1990 c 114 §
19.]
Effective date—1995 c 207: See note following RCW 70.95E.010.
70.95E.100
70.95E.100 Exclusion from chapter. Nothing in this
chapter relates to radioactive wastes or substances composed
of both radioactive and hazardous components, and the
(2004 Ed.)
Labeling of Plastics
department is precluded from using the funds of the hazardous waste assistance account for the regulation and control of
such wastes. [1990 c 114 § 20.]
70.95E.900
70.95E.900 Severability—1990 c 114. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1990 c 114 § 23.]
Chapter 70.95F
70.95F.010
70.95F.020
70.95F.030
70.95F.900
70.95F.901
70.95F.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Container," unless otherwise specified, refers to
"rigid plastic container" or "plastic bottle" as those terms are
defined in this section.
(2) "Distributors" means those persons engaged in the
distribution of packaged goods for sale in the state of Washington, including manufacturers, wholesalers, and retailers.
(3) "Label" means a molded, imprinted, or raised symbol
on or near the bottom of a plastic container or bottle.
(4) "Person" means an individual, sole proprietor, partnership, association, or other legal entity.
(5) "Plastic" means a material made of polymeric
organic compounds and additives that can be shaped by flow.
(6) "Plastic bottle" means a plastic container intended for
single use that has a neck that is smaller than the body of the
container, accepts a screw-type, snap cap, or other closure
and has a capacity of sixteen fluid ounces or more, but less
than five gallons.
(7) "Rigid plastic container" means a formed or molded
container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively
inflexible finite shape or form with a capacity of eight ounces
or more but less than five gallons. [1991 c 319 § 103.]
70.95F.020 Labeling requirements—Plastic industry
standards. (1) The provisions of this section and any rules
adopted under this section shall be interpreted to conform
with nation-wide plastics industry standards.
(2) Except as provided in RCW 70.95F.030(2), after January 1, 1992, no person may distribute, sell, or offer for sale
in this state a plastic bottle or rigid plastic container unless
the container is labeled with a code identifying the appropriate resin type used to produce the structure of the container.
The code shall consist of a number placed within three triangulated arrows and letters placed below the triangle of
arrows. The triangulated arrows shall be equilateral, formed
by three arrows with the apex of each point of the triangle at
the midpoint of each arrow, rounded with a short radius. The
pointer (arrowhead) of each arrow shall be at the midpoint of
(2004 Ed.)
(a) 1. = PETE (polyethylene terephthalate)
(b) 2. = HDPE (high density polyethylene)
(c) 3. = V (vinyl)
(d) 4. = LDPE (low density polyethylene)
(e) 5. = PP (polypropylene)
(f) 6. = PS (polystyrene)
(g) 7. = OTHER
[1991 c 319 § 104.]
Definitions.
Labeling requirements—Plastic industry standards.
Violations, penalty.
Severability—1991 c 319.
Part headings not law—1991 c 319.
70.95F.010
70.95F.020
each side of the triangle with a short gap separating the
pointer from the base of the adjacent arrow. The triangle,
formed by the three arrows curved at their midpoints shall
depict a clockwise path around the code number. The numbers and letters used shall be as follows:
Chapter 70.95F RCW
LABELING OF PLASTICS
Sections
70.95G.005
70.95F.030
70.95F.030 Violations, penalty. (1) A person who,
after written notice from the department, violates RCW
70.95F.020 is subject to a civil penalty of fifty dollars for
each violation up to a maximum of five hundred dollars and
may be enjoined from continuing violations. Each distribution constitutes a separate offense.
(2) Retailers and distributors shall have two years from
May 21, 1991, to clear current inventory, delivered or
received and held in their possession as of May 21, 1991.
[1991 c 319 § 105.]
70.95F.900
70.95F.900 Severability—1991 c 319. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 319 § 411.]
70.95F.901
70.95F.901 Part headings not law—1991 c 319. Part
headings as used in this act do not constitute any part of the
law. [1991 c 319 § 409.]
Chapter 70.95G
Chapter 70.95G RCW
PACKAGES CONTAINING METALS
Sections
70.95G.005
70.95G.010
70.95G.020
70.95G.030
70.95G.040
70.95G.050
70.95G.060
70.95G.900
Finding.
Definitions.
Concentration levels.
Exemptions.
Certificate of compliance.
Certificate of compliance—Public access.
Prohibition of sale of package.
Severability—Part headings not law—1991 c 319.
70.95G.005
70.95G.005 Finding. The legislature finds and declares
that:
(1) The management of solid waste can pose a wide
range of hazards to public health and safety and to the environment;
(2) Packaging comprises a significant percentage of the
overall solid waste stream;
(3) The presence of heavy metals in packaging is a part
of the total concern in light of their likely presence in emissions or ash when packaging is incinerated, or in leachate
when packaging is landfilled;
[Title 70 RCW—page 247]
70.95G.010
Title 70 RCW: Public Health and Safety
(4) Lead, mercury, cadmium, and hexavalent chromium,
on the basis of available scientific and medical evidence, are
of particular concern;
(5) The intent of this chapter is to achieve a reduction in
toxicity without impeding or discouraging the expanded use
of postconsumer materials in the production of packaging
and its components. [1991 c 319 § 106.]
Report to legislature—1991 c 319: "By July 1, 1993, the solid waste
advisory committee created under chapter 70.95 RCW shall report to the
appropriate standing committees of the legislature on the need to further
reduce toxic metals from packaging. The report shall contain recommendations to add other toxic substances contained in packaging to the list set forth
in this chapter, including but not limited to mutagens, carcinogens, and teratogens, in order to further reduce the toxicity of packaging waste, and shall
contain a recommendation regarding imposition of penalty for violation of
section 108 of this act." [1991 c 319 § 113.]
70.95G.010
70.95G.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Package" means a container providing a means of
marketing, protecting, or handling a product and shall include
a unit package, an intermediate package, and a shipping container. "Package" also means and includes unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and
other trays, wrappers and wrapping films, bags, and tubs.
(2) "Manufacturer" means a person, firm, or corporation
that applies a package to a product for distribution or sale.
(3) "Packaging component" means an individual assembled part of a package such as, but not limited to, any interior
or exterior blocking, bracing, cushioning, weatherproofing,
exterior strapping, coatings, closures, inks, and labels. [1991
c 319 § 107.]
70.95G.020
70.95G.020 Concentration levels. The sum of the concentration levels of lead, cadmium, mercury, and hexavalent
chromium present in any package or packaging component
shall not exceed the following:
(1) Six hundred parts per million by weight effective
July 1, 1993;
(2) Two hundred fifty parts per million by weight effective July 1, 1994; and
(3) One hundred parts per million by weight effective
July 1, 1995.
This section shall apply only to lead, cadmium, mercury,
and hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution.
[1992 c 131 § 1; 1991 c 319 § 108.]
70.95G.030
70.95G.030 Exemptions. All packages and packaging
components shall be subject to this chapter except the following:
(1) Those packages or package components with a code
indicating date of manufacture that were manufactured prior
to May 21, 1991;
(2) Those packages or packaging components that have
been purchased by, delivered to, or are possessed by a retailer
on or before twenty-four months following May 21, 1991, to
permit opportunity to clear existing inventory of the proscribed packaging material;
(3) Those packages or packaging components to which
lead, cadmium, mercury, or hexavalent chromium have been
[Title 70 RCW—page 248]
added in the manufacturing, forming, printing, or distribution
process in order to comply with health or safety requirements
of federal law or for which there is no feasible alternative; or
(4) Those packages and packaging components that
would not exceed the maximum contaminant levels set forth
in RCW 70.95G.020(1) but for the addition of postconsumer
materials; and provided that the exemption for this subsection
shall expire six years after May 21, 1991. [1991 c 319 § 109.]
70.95G.040
70.95G.040 Certificate of compliance. By July 1,
1993, a certificate of compliance stating that a package or
packaging component is in compliance with the requirements
of this chapter shall be developed by its manufacturer. If
compliance is achieved under the exemption or exemptions
provided in RCW 70.95G.030 (3) or (4), the certificate shall
state the specific basis upon which the exemption is claimed.
The certificate of compliance shall be signed by an authorized official of the manufacturing company. The certificate
of compliance shall be kept on file by the manufacturer for as
long as the package or packaging component is in use, and for
three years from the date of the last sale or distribution by the
manufacturer. Certificates of compliance, or copies thereof,
shall be furnished to the department of ecology upon request
within sixty days. If manufacturers are required under any
other state statute to provide a certificate of compliance, one
certificate may be developed containing all required information.
If the manufacturer or supplier of the package or packaging component reformulates or creates a new package or
packaging component, the manufacturer shall develop an
amended or new certificate of compliance for the reformulated or new package or packaging component. [1991 c 319
§ 110.]
70.95G.050 Certificate of compliance—Public
access. Requests from a member of the public for any certificate of compliance shall be:
(1) Made in writing to the department of ecology;
(2) Made specific as to package or packaging component
information requested; and
(3) Responded to by the department of ecology within
ninety days. [1991 c 319 § 111.]
70.95G.050
70.95G.060 Prohibition of sale of package. The
department of ecology may prohibit the sale of any package
for which a manufacturer has failed to respond to a request by
the department for a certificate of compliance within the
allotted period of time pursuant to RCW 70.95G.040. [1991
c 319 § 112.]
70.95G.060
70.95G.900 Severability—Part headings not law—
1991 c 319. See RCW 70.95F.900 and 70.95F.901.
70.95G.900
Chapter 70.95H
Chapter 70.95H RCW
CLEAN WASHINGTON CENTER
Sections
70.95H.005
70.95H.007
70.95H.010
70.95H.030
Finding.
Center created.
Purpose—Market development defined.
Duties and responsibilities.
(2004 Ed.)
Clean Washington Center
70.95H.040
70.95H.050
70.95H.900
70.95H.901
70.95H.902
Authority.
Funding.
Termination.
Captions not law.
Severability—Part headings not law—1991 c 319.
70.95H.005
70.95H.005 Finding. (1) The legislature finds that:
(a) Recycling conserves energy and landfill space, provides jobs and valuable feedstock materials to industry, and
promotes health and environmental protection;
(b) Seventy-eight percent of the citizens of the state
actively participate in recycling programs and Washington
currently has the highest recycling rate in the nation;
(c) The current supply of many recycled commodities far
exceeds the demand for such commodities;
(d) Many local governments and private entities cumulatively affect, and are affected by, the market for recycled
commodities but have limited jurisdiction and cannot adequately address the problems of market development that are
complex, wide-ranging, and regional in nature; and
(e) The private sector has the greatest capacity for creating and expanding markets for recycled commodities, and the
development of private markets for recycled commodities is
in the public interest.
(2) It is therefore the policy of the state to create a single
entity to be known as the clean Washington center to develop
new, and expand existing, markets for recycled commodities.
[1991 c 319 § 201.]
70.95H.007
70.95H.007 Center created. There is created the clean
Washington center within the department of community,
trade, and economic development. As used in this chapter,
"center" means the clean Washington center. [1995 c 399 §
192; 1991 c 319 § 202.]
70.95H.010
70.95H.010 Purpose—Market development defined.
The purpose of the center is to provide or facilitate business
assistance, basic and applied research and development, marketing, public education, and policy analysis in furthering the
development of markets for recycled products. As used in
this chapter, market development consists of public and private activities that are used to overcome impediments preventing full use of secondary materials diverted from the
waste stream, and that encourage and expand use of those
materials and subsequent products. In fulfilling this mission
the center shall primarily direct its services to businesses that
transform or remanufacture waste materials into usable or
marketable materials or products for use other than landfill
disposal or incineration. [1991 c 319 § 203.]
70.95H.030
70.95H.030 Duties and responsibilities. The center
shall:
(1) Provide targeted business assistance to recycling
businesses, including:
(a) Development of business plans;
(b) Market research and planning information;
(c) Access to financing programs;
(d) Referral and information on market conditions; and
(e) Information on new technology and product development;
(2004 Ed.)
70.95H.040
(2) Negotiate voluntary agreements with manufacturers
to increase the use of recycled materials in product development;
(3) Support and provide research and development to
stimulate and commercialize new and existing technologies
and products using recycled materials;
(4) Undertake an integrated, comprehensive education
effort directed to recycling businesses to promote processing,
manufacturing, and purchase of recycled products, including:
(a) Provide information to recycling businesses on the
availability and benefits of using recycled materials;
(b) Provide information and referral services on recycled
material markets;
(c) Provide information on new research and technologies that may be used by local businesses and governments;
and
(d) Participate in projects to demonstrate new market
uses or applications for recycled products;
(5) Assist the departments of ecology and general administration in the development of consistent definitions and
standards on recycled content, product performance, and
availability;
(6) Undertake studies on the unmet capital needs of
reprocessing and manufacturing firms using recycled materials;
(7) Undertake and participate in marketing promotions
for the purposes of achieving expanded market penetration
for recycled content products;
(8) Coordinate with the department of ecology to ensure
that the education programs of both are mutually reinforcing,
with the center acting as the lead entity with respect to recycling businesses, and the department as the lead entity with
respect to the general public and retailers;
(9) Develop an annual work plan. The plan shall describe
actions and recommendations for developing markets for
commodities comprising a significant percentage of the
waste stream and having potential for use as an industrial or
commercial feedstock. The initial plan shall address, but not
be limited to, mixed waste paper, waste tires, yard and food
waste, and plastics; and
(10) Represent the state in regional and national market
development issues. [1992 c 131 § 2; 1991 c 319 § 205.]
70.95H.040
70.95H.040 Authority. In order to carry out its responsibilities under this chapter, the center may:
(1) Receive such gifts, grants, funds, fees, and endowments, in trust or otherwise, for the use and benefit of the purposes of the center. The center may expend the same or any
income therefrom according to the terms of the gifts, grants,
or endowments;
(2) Initiate, conduct, or contract for studies and searches
relating to market development for recyclable materials,
including but not limited to applied research, technology
transfer, and pilot demonstration projects;
(3) Obtain and disseminate information relating to market development for recyclable materials from other state and
local agencies;
(4) Enter into, amend, and terminate contracts with individuals, corporations, trade associations, and research institutions for the purposes of this chapter;
[Title 70 RCW—page 249]
70.95H.050
Title 70 RCW: Public Health and Safety
(5) Provide grants to local governments or other public
institutions to further the development of recycling markets;
(6) Provide business and marketing assistance to public
and private sector entities within the state; and
(7) Evaluate, analyze, and make recommendations on
state policies that may affect markets for recyclable materials. [1991 c 319 § 206.]
70.95H.050
70.95H.050 Funding. The center shall solicit financial
contributions and support from manufacturing industries and
other private sector sources, foundations, and grants from
governmental sources to assist in conducting its activities. It
may also use separately appropriated funds of the department
of community, trade, and economic development for the center's activities. [1995 c 399 § 194; 1991 c 319 § 207.]
70.95H.900
70.95H.900 Termination. The center shall terminate
on June 30, 1997. [1991 c 319 § 209.]
70.95H.901
70.95H.901 Captions not law. Section headings as
used in this chapter do not constitute any part of the law.
[1991 c 319 § 211.]
70.95H.902
70.95H.902 Severability—Part headings not law—
1991 c 319. See RCW 70.95F.900 and 70.95F.901.
Chapter 70.95I
Chapter 70.95I RCW
USED OIL RECYCLING
Sections
70.95I.005
70.95I.010
70.95I.020
70.95I.030
70.95I.040
70.95I.050
70.95I.060
70.95I.070
70.95I.080
70.95I.900
70.95I.901
70.95I.902
Finding.
Definitions.
Used oil recycling element.
Used oil recycling element guidelines—Waiver—Statewide
goals.
Oil sellers—Education responsibility—Penalty.
Statewide education.
Disposal of used oil—Penalty.
Used oil transporter and processor requirements—Civil penalties.
Above-ground used oil collection tanks.
Captions not law.
Short title.
Severability—Part headings not law—1991 c 319.
70.95I.005
70.95I.005 Finding. (1) The legislature finds that:
(a) Millions of gallons of used oil are generated each
year in this state, and used oil is a valuable petroleum
resource that can be recycled;
(b) The improper collection, transportation, recycling,
use, or disposal of used oil contributes to the pollution of air,
water, and land, and endangers public health and welfare;
(c) The private sector is a vital resource in the collection
and recycling of used oil and should be involved in its collection and recycling whenever practicable.
(2) In light of the harmful consequences of improper disposal and use of used oil, and its value as a resource, the legislature declares that the collection, recycling, and reuse of
used oil is in the public interest.
(3) The department, when appropriate, should promote
the rerefining of used oil in its grants, public education, regulatory, and other programs. [1991 c 319 § 301.]
Hazardous waste: Chapter 70.95C RCW.
[Title 70 RCW—page 250]
70.95I.010
70.95I.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Rerefining used oil" means the reclaiming of base
lube stock from used oil for use again in the production of
lube stock. Rerefining used oil does not mean combustion or
landfilling.
(2) "Used oil" means (a) lubricating fluids that have been
removed from an engine crankcase, transmission, gearbox,
hydraulic device, or differential of an automobile, bus, truck,
vessel, plane, heavy equipment, or machinery powered by an
internal combustion engine; (b) any oil that has been refined
from crude oil, used, and as a result of use, has been contaminated with physical or chemical impurities; and (c) any oil
that has been refined from crude oil and, as a consequence of
extended storage, spillage, or contamination, is no longer
useful to the original purchaser. "Used oil" does not include
used oil to which hazardous wastes have been added.
(3) "Public used oil collection site" means a site where a
used oil collection tank has been placed for the purpose of
collecting household generated used oil. "Public used oil collection site" also means a vehicle designed or operated to collect used oil from the public.
(4) "Lubricating oil" means any oil designed for use in,
or maintenance of, a vehicle, including, but not limited to,
motor oil, gear oil, and hydraulic oil. "Lubricating oil" does
not mean petroleum hydrocarbons with a flash point below
one hundred degrees Centigrade.
(5) "Vehicle" includes every device physically capable
of being moved upon a public or private highway, road,
street, watercourse, or trail, and in, upon, or by which any
person or property is or may be transported or drawn upon a
public or private highway, road, street, watercourse, or trail,
except devices moved by human or animal power.
(6) "Department" means the department of ecology.
(7) "Local government" means a city or county developing a local hazardous waste plan under RCW 70.105.220.
[1991 c 319 § 302.]
70.95I.020
70.95I.020 Used oil recycling element. (1) Each local
government and its local hazardous waste plan under RCW
70.105.220 is required to include a used oil recycling element. This element shall include:
(a) A plan to reach the local goals for household used oil
recycling established by the local government and the department under RCW 70.95I.030. The plan shall, to the maximum extent possible, incorporate voluntary agreements with
the private sector and state agencies to provide sites for the
collection of used oil. Where provided, the plan shall also
incorporate residential collection of used oil;
(b) A plan for enforcing the sign and container ordinances required by RCW 70.95I.040;
(c) A plan for public education on used oil recycling; and
(d) An estimate of funding needed to implement the
requirements of this chapter. This estimate shall include a
budget reserve for disposal of contaminated oil detected at
any public used oil collection site administered by the local
government.
(2) By July 1, 1993, each local government or combination of contiguous local governments shall submit its used oil
recycling element to the department. The department shall
(2004 Ed.)
Used Oil Recycling
approve or disapprove the used oil recycling element by January 1, 1994, or within ninety days of submission, whichever
is later. The department shall approve or disapprove the used
oil recycling element if it determines that the element is consistent with this chapter and the guidelines developed by the
department under RCW 70.95I.030.
(3) Each local government, or combination of contiguous local governments, shall submit an annual statement to
the department describing the number of used oil collection
sites and the quantity of household used oil recycled for the
jurisdiction during the previous calendar year. The first statement shall be due April 1, 1994. Subsequent statements shall
be due April 1st of each year.
Nothing in this section shall be construed to require a
city or county to construct or operate a public used oil collection site. [1991 c 319 § 303.]
70.95I.030
70.95I.030 Used oil recycling element guidelines—
Waiver—Statewide goals. (1) By July 1, 1992, the department shall, in consultation with local governments, prepare
guidelines for the used oil recycling elements required by
RCW 70.95I.020. The guidelines shall:
(a) Require development of local collection and rerefining goals for household used oil for each entity preparing a
used oil recycling element under RCW 70.95I.020;
(b) Require local government to recommend the number
of used oil collection sites needed to meet the local goals. The
department shall establish criteria regarding minimum levels
of used oil collection sites;
(c) Require local government to identify locations suitable as public used oil collection sites as described under
RCW 70.95I.020(1)(a).
(2) The department may waive all or part of the specific
requirements of RCW 70.95I.020 if a local government demonstrates to the satisfaction of the department that the objectives of this chapter have been met.
(3) The department may prepare and implement a used
oil recycling plan for any local government failing to complete the used oil recycling element of the plan.
(4) The department shall develop statewide collection
and rerefining goals for household used oil for each calendar
year beginning with calendar year 1994. Goals shall be based
on the estimated statewide collection and rerefining rate for
calendar year 1993, and shall increase each year until calendar year 1996, when the rate shall be eighty percent.
(5) By July 1, 1993, the department shall prepare guidelines establishing statewide equipment and operating standards for public used oil collection sites. Standards shall:
(a) Allow the use of used oil collection igloos and other
types of portable used oil collection tanks;
(b) Prohibit the disposal of nonhousehold-generated
used oil;
(c) Limit the amount of used oil deposited to five gallons
per household per day;
(d) Ensure adequate protection against leaks and spills;
and
(e) Include other requirements deemed appropriate by
the department. [1991 c 319 § 304.]
(2004 Ed.)
70.95I.060
70.95I.040 Oil sellers—Education responsibility—
Penalty. (1) A person annually selling one thousand or more
gallons of lubricating oil to ultimate consumers for use or
installation off the premises, or five hundred or more vehicle
oil filters to ultimate consumers for use or installation off the
premises within a city or county having an approved used oil
recycling element, shall:
(a) Post and maintain at or near the point of sale, durable
and legible signs informing the public of the importance of
used oil recycling and how and where used oil may be properly recycled; and
(b) Provide for sale at or near the display location of the
lubricating oil or vehicle oil filters, household used oil recycling containers. The department shall design and print the
signs required by this section, and shall make them available
to local governments and retail outlets.
(2) A person, who, after notice, violates this section is
guilty of a misdemeanor and on conviction is subject to a fine
not to exceed one thousand dollars.
(3) The department is responsible for notifying retailers
subject to this section.
(4) A city or county may adopt household used oil recycling container standards in order to ensure compatibility
with local recycling programs.
(5) Each local government preparing a used oil recycling
element of a local hazardous waste plan pursuant to RCW
70.95I.020 shall adopt ordinances within its jurisdiction to
enforce subsections (1) and (4) of this section. [1991 c 319 §
305.]
70.95I.040
70.95I.050
70.95I.050 Statewide education. The department shall
conduct a public education program to inform the public of
the needs for and benefits of collecting and recycling used oil
in order to conserve resources and protect the environment.
As part of this program, the department shall:
(1) Establish and maintain a statewide list of public used
oil collection sites, and a list of all persons coordinating local
government used oil programs;
(2) Establish a statewide media campaign describing
used oil recycling;
(3) Assist local governments in providing public education and awareness programs concerning used oil by providing technical assistance and education materials; and
(4) Encourage the establishment of voluntary used oil
collection and recycling programs, including public-private
partnerships, and provide technical assistance to persons
organizing such programs. [1991 c 319 § 306.]
70.95I.060 Disposal of used oil—Penalty. (1) Effective January 1, 1992, the use of used oil for dust suppression
or weed abatement is prohibited.
(2) Effective July 1, 1992, no person may sell or distribute absorbent-based kits, intended for home use, as a means
for collecting, recycling, or disposing of used oil.
(3) Effective January 1, 1994, no person may knowingly
dispose of used oil except by delivery to a person collecting
used oil for recycling, treatment, or disposal, subject to the
provisions of this chapter and chapter 70.105 RCW.
(4) Effective January 1, 1994, no owner or operator of a
solid waste landfill may knowingly accept used oil for disposal in the landfill.
70.95I.060
[Title 70 RCW—page 251]
70.95I.070
Title 70 RCW: Public Health and Safety
(5) A person who violates this section is guilty of a misdemeanor. [1991 c 319 § 307.]
70.95I.070
70.95I.070 Used oil transporter and processor
requirements—Civil penalties. (1) By January 1, 1993, the
department shall adopt rules requiring any transporter of used
oil to comply with minimum notification, invoicing, recordkeeping, and reporting requirements. For the purpose of this
section, a transporter means a person engaged in the off-site
transportation of used oil in quantities greater than twentyfive gallons per day.
(2) By January 1, 1993, the department shall adopt minimum standards for used oil that is blended into fuels. Standards shall, at a minimum, establish testing and recordkeeping requirements. Unless otherwise exempted, a processor is
any person involved in the marketing, blending, mixing, or
processing of used oil to produce fuel to be burned for energy
recovery.
(3) Any person who knowingly transports used oil without meeting the requirements of this section shall be subject
to civil penalties under chapter 70.105 RCW.
(4) Rules developed under this section shall not require a
manifest from individual residences served by a waste oil
curbside collection program. [1991 c 319 § 308.]
70.95I.080
70.95I.080 Above-ground used oil collection tanks.
By January 1, 1987, the state fire protection board, in cooperation with the department of ecology, shall develop a statewide standard for the placement of above-ground tanks to
collect used oil from private individuals for recycling purposes. [1986 c 37 § 1. Formerly RCW 19.114.040.]
70.95I.900
70.95I.900 Captions not law. Section headings as used
in this chapter do not constitute any part of the law. [1991 c
319 § 309.]
70.95I.901
70.95I.901 Short title. This chapter shall be known and
may be cited as the used oil recycling act. [1991 c 319 §
310.]
70.95I.902
70.95I.902 Severability—Part headings not law—
1991 c 319. See RCW 70.95F.900 and 70.95F.901.
Chapter 70.95J
Chapter 70.95J RCW
MUNICIPAL SEWAGE SLUDGE—BIOSOLIDS
Sections
70.95J.005
70.95J.007
70.95J.010
70.95J.020
70.95J.025
70.95J.030
70.95J.040
70.95J.050
70.95J.060
70.95J.070
70.95J.080
70.95J.090
Findings—Municipal sewage sludge as a beneficial commodity.
Purpose—Federal requirements.
Definitions.
Biosolid management program—Transportation of biosolids
and sludge.
Biosolids permits—Fees—Biosolids permit account—Report.
Beneficial uses for biosolids and glassified sewage sludge.
Violations—Orders.
Enforcement of chapter.
Violations—Punishment.
Violations—Monetary penalty.
Delegation to local health department—Generally.
Delegation to local health department—Review.
[Title 70 RCW—page 252]
70.95J.005 Findings—Municipal sewage sludge as a
beneficial commodity. (1) The legislature finds that:
(a) Municipal sewage sludge is an unavoidable byproduct of the wastewater treatment process;
(b) Population increases and technological improvements in wastewater treatment processes will double the
amount of sludge generated within the next ten years;
(c) Sludge management is often a financial burden to
municipalities and to ratepayers;
(d) Properly managed municipal sewage sludge is a valuable commodity and can be beneficially used in agriculture,
silviculture, and in landscapes as a soil conditioner; and
(e) Municipal sewage sludge can contain metals and
microorganisms that, under certain circumstances, may pose
a risk to public health.
(2) The legislature declares that a program shall be established to manage municipal sewage sludge and that the program shall, to the maximum extent possible, ensure that
municipal sewage sludge is reused as a beneficial commodity
and is managed in a manner that minimizes risk to public
health and the environment. [1992 c 174 § 1.]
70.95J.005
70.95J.007 Purpose—Federal requirements. The
purpose of this chapter is to provide the department of ecology and local governments with the authority and direction to
meet federal regulatory requirements for municipal sewage
sludge. The department of ecology may seek delegation and
administer the sludge permit program required by the federal
clean water act as it existed February 4, 1987. [1992 c 174 §
2.]
70.95J.007
70.95J.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Biosolids" means municipal sewage sludge that is a
primarily organic, semisolid product resulting from the
wastewater treatment process, that can be beneficially recycled and meets all requirements under this chapter. For the
purposes of this chapter, "biosolids" includes septic tank
sludge, also known as septage, that can be beneficially recycled and meets all requirements under this chapter.
(2) "Department" means the department of ecology.
(3) "Local health department" has the same meaning as
"jurisdictional health department" in RCW 70.95.030.
(4) "Municipal sewage sludge" means a semisolid substance consisting of settled sewage solids combined with
varying amounts of water and dissolved materials generated
from a publicly owned wastewater treatment plant. [1992 c
174 § 3.]
70.95J.010
70.95J.020 Biosolid management program—Transportation of biosolids and sludge. (1) The department shall
adopt rules to implement a biosolid management program
within twelve months of the adoption of federal rules, 40
C.F.R. Sec. 503, relating to technical standards for the use
and disposal of sewage sludge. The biosolid management
program shall, at a minimum, conform with all applicable
federal rules adopted pursuant to the federal clean water act
as it existed on February 4, 1987.
(2) In addition to any federal requirements, the state biosolid management program may include, but not be limited
70.95J.020
(2004 Ed.)
Biomedical Waste
to, an education program to provide relevant legal and scientific information to local governments and citizen groups.
(3) Rules adopted by the department under this section
shall provide for public input and involvement for all state
and local permits.
(4) Materials that have received a permit as a biosolid
shall be regulated pursuant to this chapter.
(5) The transportation of biosolids and municipal sewage
sludge shall be governed by Title 81 RCW. Certificates
issued by the utilities and transportation commission before
June 11, 1992, that include or authorize transportation of
municipal sewage sludge shall continue in force and effect
and be interpreted to include biosolids. [1992 c 174 § 4.]
70.95J.025
70.95J.025 Biosolids permits—Fees—Biosolids permit account—Report. (1) The department shall establish
annual fees to collect expenses for issuing and administering
biosolids permits under this chapter. An initial fee schedule
shall be established by rule and shall be adjusted no more
often than once every two years. This fee schedule applies to
all permits, regardless of date of issuance, and fees shall be
assessed prospectively. Fees shall be established in amounts
to recover expenses incurred by the department in processing
permit applications and modifications, reviewing related
plans and documents, monitoring, evaluating, conducting
inspections, overseeing performance of delegated program
elements, providing technical assistance and supporting overhead expenses that are directly related to these activities.
(2) The annual fee paid by a permittee for any permit
issued under this chapter shall be determined by the number
of residences or residential equivalents contributing to the
permittee's biosolids management system. If residences or
residential equivalents cannot be determined or reasonably
estimated, fees shall be based on other appropriate criteria.
(3) The biosolids permit account is created in the state
treasury. All receipts from fees under this section must be
deposited into the account. Moneys in the account may be
spent only after appropriation. Expenditures from the account
may be used only for the purposes of administering permits
under this chapter.
(4) The department shall present a biennial progress
report on the use of moneys from the biosolids permit
account to the legislature. The first report is due on or before
December 31, 1998, and thereafter on or before December
31st of odd-numbered years. The report shall consist of information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years.
(5) The department shall work with the regulated community and local health departments to study the feasibility
of modifying the fee schedule to support delegated local
health departments and reduce local health department fees
paid by biosolids permittees. [1997 c 398 § 1.]
Chapter 70.95K
70.95J.040
70.95J.040 Violations—Orders. If a person violates
any provision of this chapter, or a permit issued or rule
adopted pursuant to this chapter, the department may issue an
appropriate order to assure compliance with the chapter, permit, or rule. [1992 c 174 § 6.]
70.95J.050
70.95J.050 Enforcement of chapter. The department,
with the assistance of the attorney general, may bring an
action at law or in equity, including an action for injunctive
relief, to enforce this chapter or a permit issued or rule
adopted by the department pursuant to this chapter. [1992 c
174 § 7.]
70.95J.060
70.95J.060 Violations—Punishment. A person who
willfully violates, without sufficient cause, any of the provisions of this chapter, or a permit or order issued pursuant to
this chapter, is guilty of a gross misdemeanor. Willful violation of this chapter, or a permit or order issued pursuant to
this chapter is a gross misdemeanor punishable by a fine of
up to ten thousand dollars and costs of prosecution, or by
imprisonment for up to one year, or by both. Each day of violation may be deemed a separate violation. [1992 c 174 § 8.]
70.95J.070
70.95J.070 Violations—Monetary penalty. In addition to any other penalty provided by law, a person who violates this chapter or rules or orders adopted or issued pursuant
to it shall be subject to a penalty in an amount of up to five
thousand dollars a day for each violation. Each violation shall
be a separate violation. In the case of a continuing violation,
each day of violation is a separate violation. An act of commission or omission that procures, aids, or abets in the violation shall be considered a violation under this section. [1992
c 174 § 9.]
70.95J.080
70.95J.080 Delegation to local health department—
Generally. The department may delegate to a local health
department the powers necessary to issue and enforce permits
to use or dispose of biosolids. A delegation may be withdrawn if the department finds that a local health department
is not effectively administering the permit program. [1992 c
174 § 10.]
70.95J.090
70.95J.090 Delegation to local health department—
Review. (1) Any permit issued by a local health department
under RCW 70.95J.080 may be reviewed by the department
to ensure that the proposed site or facility conforms with all
applicable laws, rules, and standards under this chapter.
(2) If the department does not approve or disapprove a
permit within sixty days, the permit shall be considered
approved.
(3) A local health department may appeal the department's decision to disapprove a permit to the pollution control hearings board, as provided in chapter 43.21B RCW.
[1992 c 174 § 11.]
70.95J.030
70.95J.030 Beneficial uses for biosolids and glassified
sewage sludge. The department may work with all appropriate state agencies, local governments, and private entities to
establish beneficial uses for biosolids and glassified sewage
sludge. [1992 c 174 § 5.]
(2004 Ed.)
Chapter 70.95K
Chapter 70.95K RCW
BIOMEDICAL WASTE
Sections
70.95K.005 Findings.
[Title 70 RCW—page 253]
70.95K.005
70.95K.010
70.95K.011
70.95K.020
70.95K.030
70.95K.040
70.95K.900
70.95K.910
70.95K.920
Title 70 RCW: Public Health and Safety
Definitions.
State definition preempts local definitions.
Waste treatment technologies.
Residential sharps—Disposal—Violation.
Residential sharps waste collection.
Section headings.
Severability—1992 c 14.
Effective dates—1992 c 14.
70.95K.005
70.95K.005 Findings. The legislature finds and
declares that:
(1) It is a matter of statewide concern that biomedical
waste be handled in a manner that protects the health, safety,
and welfare of the public, the environment, and the workers
who handle the waste.
(2) Infectious disease transmission has not been identified from improperly disposed biomedical waste, but the
potential for such transmission may be present.
(3) A uniform, statewide definition of biomedical waste
will simplify compliance with local regulations while preserving local control of biomedical waste management.
[1992 c 14 § 1.]
70.95K.010
70.95K.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Biomedical waste" means, and is limited to, the following types of waste:
(a) "Animal waste" is waste animal carcasses, body
parts, and bedding of animals that are known to be infected
with, or that have been inoculated with, human pathogenic
microorganisms infectious to humans.
(b) "Biosafety level 4 disease waste" is waste contaminated with blood, excretions, exudates, or secretions from
humans or animals who are isolated to protect others from
highly communicable infectious diseases that are identified
as pathogenic organisms assigned to biosafety level 4 by the
centers for disease control, national institute of health, biosafety in microbiological and biomedical laboratories, current edition.
(c) "Cultures and stocks" are wastes infectious to
humans and includes specimen cultures, cultures and stocks
of etiologic agents, wastes from production of biologicals and
serums, discarded live and attenuated vaccines, and laboratory waste that has come into contact with cultures and stocks
of etiologic agents or blood specimens. Such waste includes
but is not limited to culture dishes, blood specimen tubes, and
devices used to transfer, inoculate, and mix cultures.
(d) "Human blood and blood products" is discarded
waste human blood and blood components, and materials
containing free-flowing blood and blood products.
(e) "Pathological waste" is waste human source biopsy
materials, tissues, and anatomical parts that emanate from
surgery, obstetrical procedures, and autopsy. "Pathological
waste" does not include teeth, human corpses, remains, and
anatomical parts that are intended for interment or cremation.
(f) "Sharps waste" is all hypodermic needles, syringes
with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package.
(2) "Local government" means city, town, or county.
(3) "Local health department" means the city, county,
city-county, or district public health department.
[Title 70 RCW—page 254]
(4) "Person" means an individual, firm, corporation,
association, partnership, consortium, joint venture, commercial entity, state government agency, or local government.
(5) "Treatment" means incineration, sterilization, or
other method, technique, or process that changes the character or composition of a biomedical waste so as to minimize
the risk of transmitting an infectious disease.
(6) "Residential sharps waste" has the same meaning as
"sharps waste" in subsection (1) of this section except that the
sharps waste is generated and prepared for disposal at a residence, apartment, dwelling, or other noncommercial habitat.
(7) "Sharps waste container" means a leak-proof, rigid,
puncture-resistant red container that is taped closed or tightly
lidded to prevent the loss of the residential sharps waste.
(8) "Mail programs" means those programs that provide
sharps users with a multiple barrier protection kit for the
placement of a sharps container and subsequent mailing of
the wastes to an approved disposal facility.
(9) "Pharmacy return programs" means those programs
where sharps containers are returned by the user to designated return sites located at a pharmacy to be transported by
a biomedical or solid waste collection company approved by
the utilities and transportation commission.
(10) "Drop-off programs" means those program sites
designated by the solid waste planning jurisdiction where
sharps users may dispose of their sharps containers.
(11) "Source separation" has the same meaning as in
RCW 70.95.030.
(12) "Unprotected sharps" means residential sharps
waste that are not disposed of in a sharps waste container.
[1994 c 165 § 2; 1992 c 14 § 2.]
Findings—Purpose—Intent—1994 c 165: "The legislature finds that
the improper disposal and labeling of sharps waste from residences poses a
potential health risk and perceived threat to the waste generators, public, and
workers in the waste and recycling industry. The legislature further finds that
a uniform method for handling sharps waste generated at residences will
reduce confusion and injuries, and enhance public and waste worker confidence.
It is the purpose and intent of this act that residential generated sharps
waste be contained in easily identified containers and separated from the regular solid waste stream to ensure worker safety and promote proper disposal
of these wastes in a manner that is environmentally safe and economically
sound." [1994 c 165 § 1.]
70.95K.011 State definition preempts local definitions. The definition of biomedical waste set forth in RCW
70.95K.010 shall be the sole state definition for biomedical
waste within the state, and shall preempt biomedical waste
definitions established by a local health department or local
government. [1992 c 14 § 3.]
70.95K.011
70.95K.020 Waste treatment technologies. (1) At the
request of an applicant, the department of health, in consultation with the department of ecology and local health departments, may evaluate the environmental and public health
impacts of biomedical waste treatment technologies. The
department shall make available the results of any evaluation
to local health departments.
(2) All direct costs associated with the evaluation shall
be paid by the applicant to the department of health or to a
state or local entity designated by the department of health.
(3) For the purposes of this section, "applicant" means
any person representing a biomedical waste treatment tech70.95K.020
(2004 Ed.)
Detergent Phosphorus Content
nology that seeks an evaluation under subsection (1) of this
section.
(4) The department of health may adopt rules to implement this section. [1992 c 14 § 4.]
70.95L.020
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1992 c 14 § 6.]
70.95K.920
70.95K.030 Residential sharps—Disposal—Violation. (1) A person shall not intentionally place unprotected
sharps or a sharps waste container into: (a) Recycling containers provided by a city, county, or solid waste collection
company, or any other recycling collection site unless that
site is specifically designated by a local health department as
a drop-off site for sharps waste containers; or (b) cans, carts,
drop boxes, or other containers in which refuse, trash, or solid
waste has been placed for collection if a source separated collection service is provided for residential sharps waste.
(2) Local health departments shall enforce this section,
primarily through an educational approach regarding proper
disposal of residential sharps. On the first and second violation, the health department shall provide a warning to the person that includes information on proper disposal of residential sharps. A subsequent violation shall be a class 3 infraction under chapter 7.80 RCW.
(3) It is not a violation of this section to place a sharps
waste container into a household refuse receptacle if the utilities and transportation commission determines that such
placement is necessary to reduce the potential for theft of the
sharps waste container. [1994 c 165 § 3.]
70.95K.030
Effective date—1994 c 165 § 3: "Section 3 of this act shall take effect
July 1, 1995." [1994 c 165 § 6.]
Findings—Purpose—Intent—1994 c 165: See note following RCW
70.95K.010.
70.95K.040 Residential sharps waste collection. (1)
A public or private provider of solid waste collection service
may provide a program to collect source separated residential
sharps waste containers in conjunction with regular collection services.
(2) A company collecting source separated residential
sharps waste containers shall notify the public, in writing, on
the availability of this service. Notice shall occur at least
forty-five days prior to the provision of this service and shall
include the following information: (a) How to properly dispose of residential sharps waste; (b) how to obtain sharps
waste containers; (c) the cost of the program; (d) options to
home collection of sharps waste; and (e) the legal requirements of residential sharps waste disposal.
(3) A company under the jurisdiction of the utilities and
transportation commission may provide the service authorized under subsection (1) of this section only under tariff.
The commission may require companies collecting
sharps waste containers to implement practices that will protect the containers from theft. [1994 c 165 § 4.]
70.95K.040
Findings—Purpose—Intent—1994 c 165: See note following RCW
70.95K.010.
70.95K.900 Section headings. Section headings as
used in this chapter do not constitute any part of the law.
[1992 c 14 § 5.]
70.95K.900
70.95K.910 Severability—1992 c 14. If any provision
of this act or its application to any person or circumstance is
70.95K.910
(2004 Ed.)
70.95K.920 Effective dates—1992 c 14. (1) Sections 2
and 3 of this act are necessary for the immediate preservation
of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take
effect immediately [March 20, 1992].
(2) Section 4 of this act shall take effect October 1, 1992.
[1992 c 14 § 7.]
Chapter 70.95L RCW
DETERGENT PHOSPHORUS CONTENT
Chapter 70.95L
Sections
70.95L.005
70.95L.010
70.95L.020
70.95L.030
70.95L.040
Finding.
Definitions.
Phosphorus content regulated.
Notice to distributors and wholesalers.
Injunction.
70.95L.005
70.95L.005 Finding. The legislature hereby finds and
declares that:
(1) Phosphorus loading of surface waters can stimulate
the growth of weeds and algae, and that such growth can have
adverse environmental, health, and aesthetic effects;
(2) Household detergents contribute to phosphorus loading, and that a limit on detergents containing phosphorus can
significantly reduce the discharge of phosphorus into the
state's surface and ground waters;
(3) Household detergents containing no or very low
phosphorus are readily available and that over thirty percent
of the United States population lives in areas with a ban on
detergents containing phosphorus; and
(4) Phosphorus limits on household detergents can significantly reduce treatment costs at those sewage treatment
facilities that remove phosphorus from the waste stream.
It is therefore the intent of the legislature to impose a
statewide limit on the phosphorus content of household detergents. [1993 c 118 § 1.]
70.95L.010
70.95L.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 70.95L.005 through 70.95L.030.
(1) "Department" means the department of ecology.
(2) "Dishwashing detergent" means a cleaning agent
sold, used, or manufactured for the purpose of cleaning
dishes, whether by hand or by household machine.
(3) "Laundry detergent" means a cleaning agent sold,
used, or manufactured for the purpose of cleaning laundry,
whether by hand or by household machine.
(4) "Person" means an individual, firm, association,
copartnership, political subdivision, government agency,
municipality, industry, public or private corporation, or any
other entity whatsoever.
(5) "Phosphorus" means elemental phosphorus. [1993 c
118 § 2.]
70.95L.020
70.95L.020 Phosphorus content regulated. (1) After
July 1, 1994, a person may not sell or distribute for sale a
[Title 70 RCW—page 255]
70.95L.030
Title 70 RCW: Public Health and Safety
laundry detergent that contains 0.5 percent or more phosphorus by weight.
(2) After July 1, 1994, a person may not sell or distribute
for sale a dishwashing detergent that contains 8.7 percent or
more phosphorous by weight.
(3) This section does not apply to the sale or distribution
of detergents for commercial and industrial uses. [1993 c 118
§ 3.]
70.95L.030
70.95L.030 Notice to distributors and wholesalers.
The department is responsible for notifying major distributors and wholesalers of the statewide limit on phosphorus in
detergents. [1993 c 118 § 4.]
70.95L.040
70.95L.040 Injunction. The attorney general or appropriate city or county prosecuting attorney is authorized to
bring an appropriate action to enjoin any violation of the provisions of RCW 70.95L.020. [1993 c 118 § 5.]
Chapter 70.95M
Chapter 70.95M RCW
MERCURY
Sections
70.95M.010
70.95M.020
70.95M.030
70.95M.040
70.95M.050
70.95M.060
70.95M.070
70.95M.080
70.95M.090
70.95M.100
70.95M.110
70.95M.120
70.95M.130
Definitions.
Fluorescent lamps—Labeling requirements.
Mercury disposal education plan.
Schools—Purchase of mercury prohibited.
Prohibited sales—Novelties, manometers, thermometers,
thermostats, motor vehicles.
Rules—Product preference.
Clearinghouse—Department participation.
Penalties.
Crematories—Nonapplicability of chapter.
Prescription drugs, biological products, over-the-counter
items—Nonapplicability of chapter.
Medical equipment, research tests—Nonapplicability of
chapter.
Fiscal impact—Toxics control account.
National mercury repository site.
70.95M.010
70.95M.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Automotive mercury switch" includes a convenience switch, such as a switch for a trunk or hood light, and
a mercury switch in antilock brake systems.
(2) "Department" means the department of ecology.
(3) "Director" means the director of the department of
ecology.
(4) "Health care facility" includes a hospital, nursing
home, extended care facility, long-term care facility, clinical
or medical laboratory, state or private health or mental institution, clinic, physician's office, or health maintenance organization.
(5) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a mercury-added product
or an importer or domestic distributor of a mercury-added
product produced in a foreign country. In the case of a multicomponent product containing mercury, the manufacturer is
the last manufacturer to produce or assemble the product. If
the multicomponent product or mercury-added product is
produced in a foreign country, the manufacturer is the first
importer or domestic distributor.
[Title 70 RCW—page 256]
(6) "Mercury-added button-cell battery" means a buttoncell battery to which the manufacturer intentionally introduces mercury for the operation of the battery.
(7) "Mercury-added novelty" means a mercury-added
product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but
are not limited to, items intended for use as practical jokes,
figurines, adornments, toys, games, cards, ornaments, yard
statues and figures, candles, jewelry, holiday decorations,
items of apparel, and other similar products. Mercury-added
novelty does not include games, toys, or products that require
a button-cell or lithium battery, liquid crystal display screens,
or a lamp that contains mercury.
(8) "Mercury-added product" means a product, commodity, or chemical, or a product with a component that contains
mercury or a mercury compound intentionally added to the
product, commodity, or chemical in order to provide a specific characteristic, appearance, or quality, or to perform a
specific function, or for any other reason. Mercury-added
products include, but are not limited to, mercury thermometers, mercury thermostats, and mercury switches in motor
vehicles.
(9) "Mercury manometer" means a mercury-added product that is used for measuring blood pressure.
(10) "Mercury thermometer" means a mercury-added
product that is used for measuring temperature.
(11) "Retailer" means a retailer of a mercury-added
product. [2003 c 260 § 2.]
70.95M.020
70.95M.020 Fluorescent lamps—Labeling requirements. (1) Effective January 1, 2004, a manufacturer, wholesaler, or retailer may not knowingly sell at retail a fluorescent
lamp if the fluorescent lamp contains mercury and was manufactured after November 30, 2003, unless the fluorescent
lamp is labeled in accordance with the guidelines listed under
subsection (2) of this section. Primary responsibility for
affixing labels required under this section is on the manufacturer, and not on the wholesaler or retailer.
(2) Except as provided in subsection (3) of this section, a
lamp is considered labeled pursuant to subsection (1) of this
section if the lamp has all of the following:
(a) A label affixed to the lamp that displays the internationally recognized symbol for the element mercury; and
(b) A label on the lamp's packaging that: (i) Clearly
informs the purchaser that mercury is present in the item; (ii)
explains that the fluorescent lamp should be disposed of
according to applicable federal, state, and local laws; and (iii)
provides a toll-free telephone number, and a uniform
resource locator internet address to a web site, that contains
information on applicable disposal laws.
(3) The manufacturer of a mercury-added lamp is in
compliance with the requirements of this section if the manufacturer is in compliance with the labeling requirements of
another state.
(4) The provisions of this section do not apply to products containing mercury-added lamps. [2003 c 260 § 3.]
70.95M.030
70.95M.030 Mercury disposal education plan. The
department of health must develop an educational plan for
schools, local governments, businesses, and the public on the
(2004 Ed.)
Mercury
proper disposal methods for mercury and mercury-added
products. [2003 c 260 § 4.]
70.95M.040
70.95M.040 Schools—Purchase of mercury prohibited. A school may not purchase for use in a primary or secondary classroom bulk elemental mercury or chemical mercury compounds. By January 1, 2006, all primary and secondary schools in the state must remove and properly dispose
of all bulk elemental mercury, chemical mercury, and bulk
mercury compounds used as teaching aids in science classrooms, not including barometers. [2003 c 260 § 5.]
70.95M.100
of thermostats that contain mercury in accordance with 42
U.S.C. Sec. 6901, et seq., the federal resource conservation
and recovery act.
(4) No person may sell, offer for sale, or distribute for
sale or use in this state a motor vehicle manufactured after
January 1, 2006, if the motor vehicle contains an automotive
mercury switch.
(5) Nothing in this section restricts the ability of a manufacturer, importer, or domestic distributor from transporting
products through the state, or storing products in the state for
later distribution outside the state. [2003 c 260 § 6.]
70.95M.060
70.95M.050
70.95M.050 Prohibited sales—Novelties, manometers, thermometers, thermostats, motor vehicles. (1)
Effective January 1, 2006, no person may sell, offer for sale,
or distribute for sale or use in this state a mercury-added novelty. A manufacturer of mercury-added novelties must notify
all retailers that sell the product about the provisions of this
section and how to properly dispose of any remaining mercury-added novelty inventory.
(2)(a) Effective January 1, 2006, no person may sell,
offer for sale, or distribute for sale or use in this state a
manometer used to measure blood pressure or a thermometer
that contains mercury. This subsection (2)(a) does not apply
to:
(i) An electronic thermometer with a button-cell battery
containing mercury;
(ii) A thermometer that contains mercury and that is used
for food research and development or food processing,
including meat, dairy products, and pet food processing;
(iii) A thermometer that contains mercury and that is a
component of an animal agriculture climate control system or
industrial measurement system or for veterinary medicine
until such a time as the system is replaced or a nonmercury
component for the system or application is available;
(iv) A thermometer or manometer that contains mercury
that is used for calibration of other thermometers, manometers, apparatus, or equipment, unless a nonmercury calibration standard is approved for the application by the national
institute of standards and technology;
(v) A thermometer that is provided by prescription. A
manufacturer of a mercury thermometer shall supply clear
instructions on the careful handling of the thermometer to
avoid breakage and proper cleanup should a breakage occur;
or
(vi) A manometer or thermometer sold or distributed to a
hospital, or a health care facility controlled by a hospital, if
the hospital has adopted a plan for mercury reduction consistent with the goals of the mercury chemical action plan developed by the department under section 302, chapter 371, Laws
of 2002.
(b) A manufacturer of thermometers that contain mercury must notify all retailers that sell the product about the
provisions of this section and how to properly dispose of any
remaining thermometer inventory.
(3) Effective January 1, 2006, no person may sell, install,
or reinstall a commercial or residential thermostat that contains mercury unless the manufacturer of the thermostat conducts or participates in a thermostat recovery or recycling
program designed to assist contractors in the proper disposal
(2004 Ed.)
70.95M.060 Rules—Product preference. (1) The
department of general administration must, by January 1,
2005, revise its rules, policies, and guidelines to implement
the purpose of this chapter.
(2) The department of general administration must give
priority and preference to the purchase of equipment, supplies, and other products that contain no mercury-added compounds or components, unless: (a) There is no economically
feasible nonmercury-added alternative that performs a similar function; or (b) the product containing mercury is
designed to reduce electricity consumption by at least forty
percent and there is no nonmercury or lower mercury alternative available that saves the same or a greater amount of electricity as the exempted product. In circumstances where a
nonmercury-added product is not available, preference must
be given to the purchase of products that contain the least
amount of mercury added to the product necessary for the
required performance. [2003 c 260 § 7.]
70.95M.070
70.95M.070 Clearinghouse—Department participation. The department is authorized to participate in a
regional or multistate clearinghouse to assist in carrying out
any of the requirements of this chapter. A clearinghouse may
also be used for examining notification and label requirements, developing education and outreach activities, and
maintaining a list of all mercury-added products. [2003 c 260
§ 8.]
70.95M.080
70.95M.080 Penalties. A violation of this chapter is
punishable by a civil penalty not to exceed one thousand dollars for each violation in the case of a first violation. Repeat
violators are liable for a civil penalty not to exceed five thousand dollars for each repeat violation. Penalties collected
under this section must be deposited in the state toxics control
account created in RCW 70.105D.070. [2003 c 260 § 9.]
70.95M.090
70.95M.090 Crematories—Nonapplicability of chapter. Nothing in this chapter applies to crematories as that
term is defined in RCW 68.04.070. [2003 c 260 § 10.]
70.95M.100
70.95M.100 Prescription drugs, biological products,
over-the-counter items—Nonapplicability of chapter.
Nothing in this chapter applies to prescription drugs regulated by the food and drug administration under the federal
food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.), to
biological products regulated by the food and drug administration under the public health service act (42 U.S.C. Sec. 262
et seq.), or to any substance that may be lawfully sold over[Title 70 RCW—page 257]
70.95M.110
Title 70 RCW: Public Health and Safety
the-counter without a prescription under the federal food,
drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.). [2003 c
260 § 12.]
70.95M.110
70.95M.110 Medical equipment, research tests—
Nonapplicability of chapter. Nothing in RCW 70.95M.020,
70.95M.050 (1), (3), or (4), or 70.95M.060 applies to medical
equipment or reagents used in medical or research tests regulated by the food and drug administration under the federal
food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.).
[2003 c 260 § 13.]
Chapter 70.96A RCW
TREATMENT FOR ALCOHOLISM, INTOXICATION,
AND DRUG ADDICTION
Chapter 70.96A
(Formerly: Uniform alcoholism and intoxication treatment)
Sections
70.96A.010
70.96A.011
70.96A.020
70.96A.030
70.96A.040
70.96A.043
70.96A.045
70.96A.047
70.95M.120
70.95M.120 Fiscal impact—Toxics control account.
Any fiscal impact on the department or the department of
health that results from the implementation of this chapter
must be paid for out of funds that are appropriated by the legislature from the state toxics control account for the implementation of the department's persistent bioaccumulative
toxic chemical strategy. [2003 c 260 § 11.]
70.96A.050
70.96A.055
70.96A.060
70.96A.070
70.96A.080
70.96A.085
70.96A.087
70.96A.090
70.95M.130
70.95M.130 National mercury repository site. The
department of ecology shall petition the United States environmental protection agency requesting development of a
national mercury repository site. [2003 c 260 § 14.]
70.96A.095
Chapter 70.96 RCW
70.96A.100
70.96A.110
70.96A.120
Chapter 70.96
ALCOHOLISM
Sections
70.96.150
Inability to contribute to cost no bar to admission—Department may limit admissions.
Alcoholism and drug addiction and support act: Chapter 74.50 RCW.
Chemical dependency benefit provisions
group disability contracts: RCW 48.21.160 through 48.21.190.
health care services contracts: RCW 48.44.240.
70.96.150
70.96.150 Inability to contribute to cost no bar to admission.
[1959 c 85 § 15.] Repealed by 1989 c 270 § 35; and subsequently recodified
as RCW 70.96A.430 pursuant to 1993 c 131 § 1.
Reviser's note: This section was amended by 1989 c 271 § 308, without cognizance of the repeal thereof; and subsequently recodified without
cognizance of the repeal thereof.
70.96A.096
70.96A.097
70.96A.140
70.96A.142
70.96A.145
70.96A.148
70.96A.150
70.96A.155
70.96A.160
70.96A.170
70.96A.180
70.96A.190
70.96A.230
70.96A.235
70.96A.240
70.96A.245
70.96.150
70.96.150 Inability to contribute to cost no bar to admission—
Department may limit admissions. The department shall not refuse admission for diagnosis, evaluation, guidance or treatment to any applicant
because it is determined that the applicant is financially unable to contribute
fully or in part to the cost of any services or facilities available under the program on alcoholism.
The department may limit admissions of such applicants or modify its
programs in order to ensure that expenditures for services or programs do not
exceed amounts appropriated by the legislature and are allocated by the
department for such services or programs. The department may establish
admission priorities in the event that the number of eligible applicants
exceeds the limits set by the department. [1989 c 271 § 308; 1959 c 85 § 15.]
Reviser's note: This section was also repealed by 1989 c 270 § 35,
without cognizance of its amendment by 1989 c 271 § 308; and subsequently
recodified pursuant to 1993 c 131 § 1. For rule of construction concerning
sections amended and repealed in the same legislative session, see RCW
1.12.025.
Severability—1989 c 271: See note following RCW 9.94A.510.
[Title 70 RCW—page 258]
70.96A.250
70.96A.255
70.96A.260
70.96A.265
70.96A.300
70.96A.310
70.96A.320
70.96A.350
70.96A.400
70.96A.410
Declaration of policy.
Legislative finding and intent—Purpose of chapter.
Definitions.
Chemical dependency program.
Program authority.
Agreements authorized under the Interlocal Cooperation Act.
Funding prerequisites, facilities, plans, or programs receiving
financial assistance.
Local funding and donative funding requirements—Facilities,
plans, programs.
Duties of department.
Drug courts.
Interdepartmental coordinating committee.
Citizens advisory council—Qualifications—Duties—Rules
and policies.
Comprehensive program for treatment—Regional facilities.
City, town, or county without facility—Contribution of liquor
taxes prerequisite to use of another's facility.
Liquor taxes and profits—City and county eligibility conditioned.
Standards for treatment programs—Enforcement procedures—Penalties—Evaluation of treatment of children.
Age of consent—Outpatient treatment of minors for chemical
dependency.
Notice to parents, school contacts for referring students to
inpatient treatment.
Review of admission and inpatient treatment of minors—
Determination of medical necessity—Department review—
Minor declines necessary treatment—At-risk youth petition—Costs—Public funds.
Acceptance for approved treatment—Rules.
Voluntary treatment of alcoholics or other drug addicts.
Treatment programs and facilities—Admissions—Peace
officer duties—Protective custody.
Involuntary commitment.
Evaluation by designated chemical dependency specialist—
When required—Required notifications.
Involuntary commitment proceedings—Prosecuting attorney
may represent specialist or program.
Detention, commitment duties—Designation of county designated mental health professional.
Records of alcoholics and intoxicated persons.
Court-ordered treatment—Required notifications.
Visitation and communication with patients.
Emergency service patrol—Establishment—Rules.
Payment for treatment—Financial ability of patients.
Criminal laws limitations.
Minor—When outpatient treatment provider must give notice
to parents.
Minor—Parental consent for inpatient treatment—Exception.
Minor—Parent not liable for payment unless consented to
treatment—No right to public funds.
Minor—Parent may request determination whether minor has
chemical dependency requiring inpatient treatment—Minor
consent not required—Duties and obligations of professional
person and facility.
Minor—Parent may request determination whether minor has
chemical dependency requiring outpatient treatment—Consent of minor not required—Discharge of minor.
Minor—Petition to superior court for release from facility.
Minor—Not released by petition under RCW 70.96A.255—
Release within thirty days—Professional may initiate proceedings to stop release.
Minor—Eligibility for medical assistance under chapter 74.09
RCW—Payment by department.
Counties may create alcoholism and other drug addiction
board—Generally.
County alcoholism and other drug addiction program—Chief
executive officer of program to be program coordinator.
Alcoholism and other drug addiction program—Generally.
Criminal justice treatment account.
Opiate substitution treatment—Declaration of regulation by
state.
Opiate substitution treatment—Program certification by
department, department duties—Definition of opiate substitution treatment.
(2004 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
70.96A.420 Statewide treatment and operating standards for opiate substitution programs—Evaluation and report.
70.96A.430 Inability to contribute to cost no bar to admission—Department may limit admissions.
70.96A.500 Fetal alcohol screening and assessment services.
70.96A.510 Interagency agreement on fetal alcohol exposure programs.
70.96A.520 Chemical dependency treatment expenditures—Prioritization.
70.96A.905 Uniform application of chapter—Training for county-designated mental health professionals.
70.96A.910 Application—Construction—1972 ex.s. c 122.
70.96A.915 Department allocation of funds—Construction.
70.96A.920 Severability—1972 ex.s. c 122.
70.96A.930 Section, subsection headings not part of law.
Reviser's note: Throughout this chapter "this act" has been translated
to "this chapter." This act [1972 ex.s. c 122] consists of chapter 70.96A
RCW, the amendment of RCW 9.87.010, 71.24.030 and the repeal of RCW
9.68.040, 70.96.010-70.96.030, 70.96.040-70.96.080, 70.96.090, 70.96.10070.96.140, 70.96.900, and 71.08.010-71.08.090.
Alcoholism and drug addiction and support act: Chapter 74.50 RCW.
70.96A.010
70.96A.010 Declaration of policy. It is the policy of
this state that alcoholics and intoxicated persons may not be
subjected to criminal prosecution solely because of their consumption of alcoholic beverages but rather should, within
available funds, be afforded a continuum of treatment in
order that they may lead normal lives as productive members
of society. Within available funds, treatment should also be
provided for drug addicts. [1989 c 271 § 304; 1972 ex.s. c
122 § 1.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Effective date—1972 ex.s. c 122. "Chapter 122, Laws of 1972 extraordinary session shall be effective January 1, 1975." [1973 c 92 § 1; 1972 ex.s.
c 122 § 31.]
Chemical dependency benefit provisions
group disability contracts: RCW 48.21.160-48.21.190.
health care services contracts: RCW 48.44.240.
70.96A.011
70.96A.011 Legislative finding and intent—Purpose
of chapter. The legislature finds that the use of alcohol and
other drugs has become a serious threat to the health of the
citizens of the state of Washington. The use of psychoactive
chemicals has been found to be a prime factor in the current
AIDS epidemic. Therefore, a comprehensive statute to deal
with alcoholism and other drug addiction is necessary.
The legislature agrees with the 1987 resolution of the
American Medical Association that endorses the proposition
that all chemical dependencies, including alcoholism, are diseases. It is the intent of the legislature to end the sharp distinctions between alcoholism services and other drug addiction services, to recognize that chemical dependency is a disease, and to insure that prevention and treatment services are
available and are of high quality. It is the purpose of this
chapter to provide the financial assistance necessary to
enable the department of social and health services to provide
a discrete program of alcoholism and other drug addiction
services. [1989 c 270 § 1.]
70.96A.020
70.96A.020 Definitions. For the purposes of this chapter the following words and phrases shall have the following
meanings unless the context clearly requires otherwise:
(1) "Alcoholic" means a person who suffers from the disease of alcoholism.
(2) "Alcoholism" means a disease, characterized by a
dependency on alcoholic beverages, loss of control over the
amount and circumstances of use, symptoms of tolerance,
(2004 Ed.)
70.96A.020
physiological or psychological withdrawal, or both, if use is
reduced or discontinued, and impairment of health or disruption of social or economic functioning.
(3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health
services as meeting standards adopted under this chapter.
(4) "Chemical dependency" means:
(a) Alcoholism; (b) drug addiction; or (c) dependence on
alcohol and one or more other psychoactive chemicals, as the
context requires.
(5) "Chemical dependency program" means expenditures and activities of the department designed and conducted
to prevent or treat alcoholism and other drug addiction,
including reasonable administration and overhead.
(6) "Department" means the department of social and
health services.
(7) "Designated chemical dependency specialist" or
"specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated
under RCW 70.96A.310 to perform the commitment duties
described in RCW 70.96A.140 and qualified to do so by
meeting standards adopted by the department.
(8) "Director" means the person administering the chemical dependency program within the department.
(9) "Drug addict" means a person who suffers from the
disease of drug addiction.
(10) "Drug addiction" means a disease characterized by
a dependency on psychoactive chemicals, loss of control over
the amount and circumstances of use, symptoms of tolerance,
physiological or psychological withdrawal, or both, if use is
reduced or discontinued, and impairment of health or disruption of social or economic functioning.
(11) "Emergency service patrol" means a patrol established under RCW 70.96A.170.
(12) "Gravely disabled by alcohol or other psychoactive
chemicals" or "gravely disabled" means that a person, as a
result of the use of alcohol or other psychoactive chemicals:
(a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health
or safety; or (b) manifests severe deterioration in routine
functioning evidenced by a repeated and escalating loss of
cognition or volitional control over his or her actions and is
not receiving care as essential for his or her health or safety.
(13) "History of one or more violent acts" refers to the
period of time ten years prior to the filing of a petition under
this chapter, excluding any time spent, but not any violent
acts committed, in a mental health facility, or a long-term
alcoholism or drug treatment facility, or in confinement.
(14) "Incapacitated by alcohol or other psychoactive
chemicals" means that a person, as a result of the use of alcohol or other psychoactive chemicals, is gravely disabled or
presents a likelihood of serious harm to himself or herself, to
any other person, or to property.
(15) "Incompetent person" means a person who has been
adjudged incompetent by the superior court.
(16) "Intoxicated person" means a person whose mental
or physical functioning is substantially impaired as a result of
the use of alcohol or other psychoactive chemicals.
[Title 70 RCW—page 259]
70.96A.030
Title 70 RCW: Public Health and Safety
(17) "Licensed physician" means a person licensed to
practice medicine or osteopathic medicine and surgery in the
state of Washington.
(18) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be
inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict
physical harm on one's self; (ii) physical harm will be
inflicted by an individual upon another, as evidenced by
behavior that has caused the harm or that places another person or persons in reasonable fear of sustaining the harm; or
(iii) physical harm will be inflicted by an individual upon the
property of others, as evidenced by behavior that has caused
substantial loss or damage to the property of others; or
(b) The individual has threatened the physical safety of
another and has a history of one or more violent acts.
(19) "Medical necessity" for inpatient care of a minor
means a requested certified inpatient service that is reasonably calculated to: (a) Diagnose, arrest, or alleviate a chemical dependency; or (b) prevent the worsening of chemical
dependency conditions that endanger life or cause suffering
and pain, or result in illness or infirmity or threaten to cause
or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative
available.
(20) "Minor" means a person less than eighteen years of
age.
(21) "Parent" means the parent or parents who have the
legal right to custody of the child. Parent includes custodian
or guardian.
(22) "Peace officer" means a law enforcement official of
a public agency or governmental unit, and includes persons
specifically given peace officer powers by any state law,
local ordinance, or judicial order of appointment.
(23) "Person" means an individual, including a minor.
(24) "Professional person in charge" or "professional
person" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered
by a certified treatment program with authority to make
assessment, admission, continuing care, and discharge decisions on behalf of the certified program.
(25) "Secretary" means the secretary of the department
of social and health services.
(26) "Treatment" means the broad range of emergency,
detoxification, residential, and outpatient services and care,
including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological,
and social service care, vocational rehabilitation and career
counseling, which may be extended to alcoholics and other
drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.
(27) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care,
treatment, or rehabilitation of alcoholics or other drug
addicts.
(28) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property. [2001 c 13 § 1; 1998 c 296 § 22. Prior: 1996
c 178 § 23; 1996 c 133 § 33; 1994 c 231 § 1; 1991 c 364 § 8;
1990 c 151 § 2; prior: 1989 c 271 § 305; 1989 c 270 § 3; 1972
ex.s. c 122 § 2.]
[Title 70 RCW—page 260]
Severability—2001 c 13: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2001 c 13 § 5.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Effective date—1996 c 178: See note following RCW 18.35.110.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Effective date—1994 c 231: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 1, 1994]." [1994 c 231 § 3.]
Findings—1991 c 364: "The legislature finds that the use of alcohol
and illicit drugs continues to be a primary crippler of our youth. This translates into incredible costs to individuals, families, and society in terms of
traffic fatalities, suicides, criminal activity including homicides, sexual promiscuity, familial incorrigibility, and conduct disorders, and educational
fallout. Among children of all socioeconomic groups lower expectations for
the future, low motivation and self-esteem, alienation, and depression are
associated with alcohol and drug abuse.
Studies reveal that deaths from alcohol and other drug-related injuries
rise sharply through adolescence, peaking in the early twenties. But second
peak occurs in later life, where it accounts for three times as many deaths
from chronic diseases. A young victim's life expectancy is likely to be
reduced by an average of twenty-six years.
Yet the cost of treating alcohol and drug addicts can be recouped in the
first three years of abstinence in health care savings alone. Public money
spent on treatment saves not only the life of the chemical abuser, it makes us
safer as individuals, and in the long-run costs less.
The legislature further finds that many children who abuse alcohol and
other drugs may not require involuntary treatment, but still are not adequately served. These children remain at risk for future chemical dependency, and may become mentally ill or a juvenile offender or need out-ofhome placement. Children placed at risk because of chemical abuse may be
better served by the creation of a comprehensive integrated system for children in crisis.
The legislature declares that an emphasis on the treatment of youth will
pay the largest dividend in terms of preventable costs to individuals themselves, their families, and to society. The provision of augmented involuntary alcohol treatment services to youths, as well as involuntary treatment for
youths addicted by other drugs, is in the interest of the public health and
safety." [1991 c 364 § 7.]
Construction—1991 c 364 §§ 7-12: "The purpose of sections 7
through 12 of this act is solely to provide authority for the involuntary commitment of minors addicted by drugs within available funds and current programs and facilities. Nothing in sections 7 through 12 of this act shall be construed to require the addition of new facilities nor affect the department's
authority for the uses of existing programs and facilities authorized by law.
Nothing in sections 7 through 12 of this act shall prevent a parent or guardian
from requesting the involuntary commitment of a minor through a county
designated chemical dependency specialist on an ability to pay basis." [1991
c 364 § 13.]
Conflict with federal requirements—1991 c 364: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned. The
rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [1991 c 364 § 15.]
Severability—1989 c 271: See note following RCW 9.94A.510.
70.96A.030
70.96A.030 Chemical dependency program. A discrete program of chemical dependency is established within
the department of social and health services, to be administered by a qualified person who has training and experience
in handling alcoholism and other drug addiction problems or
the organization or administration of treatment services for
persons suffering from alcoholism or other drug addiction
problems. [1989 c 270 § 4; 1972 ex.s. c 122 § 3.]
(2004 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
70.96A.040 Program authority. The department, in
the operation of the chemical dependency program may:
(1) Plan, establish, and maintain prevention and treatment programs as necessary or desirable;
(2) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including
contracts with public and private agencies, organizations, and
individuals to pay them for services rendered or furnished to
alcoholics or other drug addicts, persons incapacitated by
alcohol or other psychoactive chemicals, or intoxicated persons;
(3) Enter into agreements for monitoring of verification
of qualifications of counselors employed by approved treatment programs;
(4) Adopt rules under chapter 34.05 RCW to carry out
the provisions and purposes of this chapter and contract,
cooperate, and coordinate with other public or private agencies or individuals for those purposes;
(5) Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, the state, or
any political subdivision thereof or any private source, and do
all things necessary to cooperate with the federal government
or any of its agencies in making an application for any grant;
(6) Administer or supervise the administration of the
provisions relating to alcoholics, other drug addicts, and
intoxicated persons of any state plan submitted for federal
funding pursuant to federal health, welfare, or treatment legislation;
(7) Coordinate its activities and cooperate with chemical
dependency programs in this and other states, and make contracts and other joint or cooperative arrangements with state,
local, or private agencies in this and other states for the treatment of alcoholics and other drug addicts and their families,
persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons and for the common advancement of chemical dependency programs;
(8) Keep records and engage in research and the gathering of relevant statistics;
(9) Do other acts and things necessary or convenient to
execute the authority expressly granted to it;
(10) Acquire, hold, or dispose of real property or any
interest therein, and construct, lease, or otherwise provide
treatment programs. [1989 c 270 § 5; 1988 c 193 § 2; 1972
ex.s. c 122 § 4.]
70.96A.040
70.96A.043 Agreements authorized under the Interlocal Cooperation Act. Pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW, the department may enter into
agreements to accomplish the purposes of this chapter. [1989
c 270 § 7.]
70.96A.043
70.96A.045 Funding prerequisites, facilities, plans,
or programs receiving financial assistance. All facilities,
plans, or programs receiving financial assistance under RCW
70.96A.040 must be approved by the department before any
state funds may be used to provide the financial assistance. If
the facilities, plans, or programs have not been approved as
required or do not receive the required approval, the funds set
aside for the facility, plan, or program shall be made available
for allocation to facilities, plans, or programs that have
70.96A.045
(2004 Ed.)
70.96A.050
received the required approval of the department. In addition,
whenever there is an excess of funds set aside for a particular
approved facility, plan, or program, the excess shall be made
available for allocation to other approved facilities, plans, or
programs. [1989 c 270 § 10.]
70.96A.047
70.96A.047 Local funding and donative funding
requirements—Facilities, plans, programs. Except as provided in this chapter, the secretary shall not approve any
facility, plan, or program for financial assistance under RCW
70.96A.040 unless at least ten percent of the amount spent for
the facility, plan, or program is provided from local public or
private sources. When deemed necessary to maintain public
standards of care in the facility, plan, or program, the secretary may require the facility, plan, or program to provide up
to fifty percent of the total spent for the program through fees,
gifts, contributions, or volunteer services. The secretary shall
determine the value of the gifts, contributions, and volunteer
services. [1989 c 270 § 11.]
70.96A.050
70.96A.050 Duties of department. The department
shall:
(1) Develop, encourage, and foster statewide, regional,
and local plans and programs for the prevention of alcoholism and other drug addiction, treatment of alcoholics and
other drug addicts and their families, persons incapacitated
by alcohol or other psychoactive chemicals, and intoxicated
persons in cooperation with public and private agencies,
organizations, and individuals and provide technical assistance and consultation services for these purposes;
(2) Coordinate the efforts and enlist the assistance of all
public and private agencies, organizations, and individuals
interested in prevention of alcoholism and drug addiction,
and treatment of alcoholics and other drug addicts and their
families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons;
(3) Cooperate with public and private agencies in establishing and conducting programs to provide treatment for
alcoholics and other drug addicts and their families, persons
incapacitated by alcohol or other psychoactive chemicals,
and intoxicated persons who are clients of the correctional
system;
(4) Cooperate with the superintendent of public instruction, state board of education, schools, police departments,
courts, and other public and private agencies, organizations
and individuals in establishing programs for the prevention of
alcoholism and other drug addiction, treatment of alcoholics
or other drug addicts and their families, persons incapacitated
by alcohol or other psychoactive chemicals, and intoxicated
persons, and preparing curriculum materials thereon for use
at all levels of school education;
(5) Prepare, publish, evaluate, and disseminate educational material dealing with the nature and effects of alcohol
and other psychoactive chemicals and the consequences of
their use;
(6) Develop and implement, as an integral part of treatment programs, an educational program for use in the treatment of alcoholics or other drug addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons, which program shall include the dissemination
[Title 70 RCW—page 261]
70.96A.055
Title 70 RCW: Public Health and Safety
of information concerning the nature and effects of alcohol
and other psychoactive chemicals, the consequences of their
use, the principles of recovery, and HIV and AIDS;
(7) Organize and foster training programs for persons
engaged in treatment of alcoholics or other drug addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons;
(8) Sponsor and encourage research into the causes and
nature of alcoholism and other drug addiction, treatment of
alcoholics and other drug addicts, persons incapacitated by
alcohol or other psychoactive chemicals, and intoxicated persons, and serve as a clearing house for information relating to
alcoholism or other drug addiction;
(9) Specify uniform methods for keeping statistical
information by public and private agencies, organizations,
and individuals, and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission, and frequency and
duration of treatment;
(10) Advise the governor in the preparation of a comprehensive plan for treatment of alcoholics and other drug
addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons for inclusion in the
state's comprehensive health plan;
(11) Review all state health, welfare, and treatment plans
to be submitted for federal funding under federal legislation,
and advise the governor on provisions to be included relating
to alcoholism and other drug addiction, persons incapacitated
by alcohol or other psychoactive chemicals, and intoxicated
persons;
(12) Assist in the development of, and cooperate with,
programs for alcohol and other psychoactive chemical education and treatment for employees of state and local governments and businesses and industries in the state;
(13) Use the support and assistance of interested persons
in the community to encourage alcoholics and other drug
addicts voluntarily to undergo treatment;
(14) Cooperate with public and private agencies in establishing and conducting programs designed to deal with the
problem of persons operating motor vehicles while intoxicated;
(15) Encourage general hospitals and other appropriate
health facilities to admit without discrimination alcoholics
and other drug addicts, persons incapacitated by alcohol or
other psychoactive chemicals, and intoxicated persons and to
provide them with adequate and appropriate treatment;
(16) Encourage all health and disability insurance programs to include alcoholism and other drug addiction as a
covered illness; and
(17) Organize and sponsor a statewide program to help
court personnel, including judges, better understand the disease of alcoholism and other drug addiction and the uses of
chemical dependency treatment programs. [2001 c 13 § 2;
1989 c 270 § 6; 1979 ex.s. c 176 § 7; 1972 ex.s. c 122 § 5.]
Severability—2001 c 13: See note following RCW 70.96A.020.
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
70.96A.055
70.96A.055 Drug courts. The department shall contract with counties operating drug courts and counties in the
[Title 70 RCW—page 262]
process of implementing new drug courts for the provision of
drug and alcohol treatment services. [1999 c 197 § 10.]
Legislative recognition—1999 c 197: See note following RCW
2.28.170.
Severability—1999 c 197: See note following RCW 9.94A.030.
70.96A.060 Interdepartmental coordinating committee. (1) An interdepartmental coordinating committee is
established, composed of the superintendent of public
instruction or his or her designee, the director of licensing or
his or her designee, the executive secretary of the Washington state law enforcement training commission or his or her
designee, and one or more designees (not to exceed three) of
the secretary, one of whom shall be the director of the chemical dependency program. The committee shall meet at least
twice annually at the call of the secretary, or his or her designee, who shall be its chair. The committee shall provide for
the coordination of, and exchange of information on, all programs relating to alcoholism and other drug addiction, and
shall act as a permanent liaison among the departments
engaged in activities affecting alcoholics and other drug
addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons. The committee shall
assist the secretary and director in formulating a comprehensive plan for prevention of alcoholism and other drug addiction, for treatment of alcoholics and other drug addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.
(2) In exercising its coordinating functions, the committee shall assure that:
(a) The appropriate state agencies provide or assure all
necessary medical, social, treatment, and educational services for alcoholics and other drug addicts and their families,
persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons and for the prevention of alcoholism and other chemical dependency, without unnecessary
duplication of services;
(b) The several state agencies cooperate in the use of
facilities and in the treatment of alcoholics and other drug
addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons; and
(c) All state agencies adopt approaches to the prevention
of alcoholism and other drug addiction, the treatment of alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and
intoxicated persons consistent with the policy of this chapter.
[1989 c 270 § 8; 1979 c 158 § 220; 1972 ex.s. c 122 § 6.]
70.96A.060
70.96A.070 Citizens advisory council—Qualifications—Duties—Rules and policies. Pursuant to the provisions of RCW 43.20A.360, there shall be a citizens advisory
council composed of not less than seven nor more than fifteen
members. It is the intent of the legislature that the citizens
advisory council broadly represent citizens who have been
recipients of voluntary or involuntary treatment for alcoholism or other drug addiction and who have been in recovery
from chemical dependency for a minimum of two years. To
meet this intent, at least two-thirds of the council's members
shall be former recipients of these services and not employed
in an occupation relating to alcoholism or drug addiction. The
remaining members shall be broadly representative of the
70.96A.070
(2004 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
community, shall include representation from business and
industry, organized labor, the judiciary, and minority groups,
chosen for their demonstrated concern with alcoholism and
other drug addiction problems. Members shall be appointed
by the secretary. In addition to advising the department in
carrying out the purposes of this chapter, the council shall
develop and propose to the secretary for his or her consideration the rules for the implementation of the chemical dependency program of the department. Rules and policies governing treatment programs shall be developed in collaboration
among the council, department staff, local government, and
administrators of voluntary and involuntary treatment programs. The secretary shall thereafter adopt such rules that, in
his or her judgment properly implement the chemical dependency program of the department consistent with the welfare
of those to be served, the legislative intent, and the public
good. [1994 c 231 § 2; 1989 c 270 § 9; 1973 1st ex.s. c 155 §
1; 1972 ex.s. c 122 § 7.]
Effective date—1994 c 231: See note following RCW 70.96A.020.
Effective date—1972 ex.s. c 122: See note following RCW
70.96A.010.
70.96A.080
70.96A.080 Comprehensive program for treatment—Regional facilities. (1) The department shall establish by all appropriate means, including contracting for services, a comprehensive and coordinated discrete program for
the treatment of alcoholics and other drug addicts and their
families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.
(2) The program shall include, but not necessarily be
limited to:
(a) Detoxification;
(b) Residential treatment; and
(c) Outpatient treatment.
(3) All appropriate public and private resources shall be
coordinated with and used in the program when possible.
(4) The department may contract for the use of an
approved treatment program or other individual or organization if the secretary considers this to be an effective and economical course to follow. [1989 c 270 § 18; 1972 ex.s. c 122
§ 8.]
70.96A.085
70.96A.085 City, town, or county without facility—
Contribution of liquor taxes prerequisite to use of
another's facility. A city, town, or county that does not have
its own facility or program for the treatment and rehabilitation of alcoholics and other drug addicts may share in the use
of a facility or program maintained by another city or county
so long as it contributes no less than two percent of its share
of liquor taxes and profits to the support of the facility or program. [1989 c 270 § 12.]
70.96A.087
70.96A.087 Liquor taxes and profits—City and
county eligibility conditioned. To be eligible to receive its
share of liquor taxes and profits, each city and county shall
devote no less than two percent of its share of liquor taxes and
profits to the support of a program of alcoholism and other
drug addiction approved by the alcoholism and other drug
addiction board authorized by RCW 70.96A.300 and the secretary. [1989 c 270 § 13.]
(2004 Ed.)
70.96A.090
70.96A.090
70.96A.090 Standards for treatment programs—
Enforcement procedures—Penalties—Evaluation of
treatment of children. (1) The department shall adopt rules
establishing standards for approved treatment programs, the
process for the review and inspection program applying to
the department for certification as an approved treatment program, and fixing the fees to be charged by the department for
the required inspections. The standards may concern the
health standards to be met and standards of services and treatment to be afforded patients.
(2) The department may suspend, revoke, limit, restrict,
or modify an approval, or refuse to grant approval, for failure
to meet the provisions of this chapter, or the standards
adopted under this chapter. RCW 43.20A.205 governs notice
of a license denial, revocation, suspension, or modification
and provides the right to an adjudicative proceeding.
(3) No treatment program may advertise or represent
itself as an approved treatment program if approval has not
been granted, has been denied, suspended, revoked, or canceled.
(4) Certification as an approved treatment program is
effective for one calendar year from the date of issuance of
the certificate. The certification shall specify the types of services provided by the approved treatment program that meet
the standards adopted under this chapter. Renewal of certification shall be made in accordance with this section for initial
approval and in accordance with the standards set forth in
rules adopted by the secretary.
(5) Approved treatment programs shall not provide alcoholism or other drug addiction treatment services for which
the approved treatment program has not been certified.
Approved treatment programs may provide services for
which approval has been sought and is pending, if approval
for the services has not been previously revoked or denied.
(6) The department periodically shall inspect approved
public and private treatment programs at reasonable times
and in a reasonable manner.
(7) The department shall maintain and periodically publish a current list of approved treatment programs.
(8) Each approved treatment program shall file with the
department on request, data, statistics, schedules, and information the department reasonably requires. An approved
treatment program that without good cause fails to furnish
any data, statistics, schedules, or information as requested, or
files fraudulent returns thereof, may be removed from the list
of approved treatment programs, and its certification revoked
or suspended.
(9) The department shall use the data provided in subsection (8) of this section to evaluate each program that admits
children to inpatient treatment upon application of their parents. The evaluation shall be done at least once every twelve
months. In addition, the department shall randomly select and
review the information on individual children who are admitted on application of the child's parent for the purpose of
determining whether the child was appropriately placed into
treatment based on an objective evaluation of the child's condition and the outcome of the child's treatment.
(10) Upon petition of the department and after a hearing
held upon reasonable notice to the facility, the superior court
may issue a warrant to an officer or employee of the department authorizing him or her to enter and inspect at reasonable
[Title 70 RCW—page 263]
70.96A.095
Title 70 RCW: Public Health and Safety
times, and examine the books and accounts of, any approved
public or private treatment program refusing to consent to
inspection or examination by the department or which the
department has reasonable cause to believe is operating in
violation of this chapter. [1995 c 312 § 46; 1990 c 151 § 5.
Prior: 1989 c 270 § 19; 1989 c 175 § 131; 1972 ex.s. c 122 §
9.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
70.96A.095
70.96A.095 Age of consent—Outpatient treatment of
minors for chemical dependency. Any person thirteen
years of age or older may give consent for himself or herself
to the furnishing of outpatient treatment by a chemical dependency treatment program certified by the department. Parental authorization is required for any treatment of a minor
under the age of thirteen. [1998 c 296 § 23; 1996 c 133 § 34;
1995 c 312 § 47; 1991 c 364 § 9; 1989 c 270 § 24.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Findings—Construction—Conflict with federal requirements—
1991 c 364: See notes following RCW 70.96A.020.
70.96A.096
70.96A.096 Notice to parents, school contacts for
referring students to inpatient treatment. School district
personnel who contact a chemical dependency inpatient treatment program or provider for the purpose of referring a student to inpatient treatment shall provide the parents with
notice of the contact within forty-eight hours. [1996 c 133 §
5.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
70.96A.097
70.96A.097 Review of admission and inpatient treatment of minors—Determination of medical necessity—
Department review—Minor declines necessary treatment—At-risk youth petition—Costs—Public funds. (1)
The department shall ensure that, for any minor admitted to
inpatient treatment under RCW 70.96A.245, a review is conducted by a physician or chemical dependency counselor, as
defined in rule by the department, who is employed by the
department or an agency under contract with the department
and who neither has a financial interest in continued inpatient
treatment of the minor nor is affiliated with the program providing the treatment. The physician or chemical dependency
counselor shall conduct the review not less than seven nor
more than fourteen days following the date the minor was
brought to the facility under RCW 70.96A.245(1) to determine whether it is a medical necessity to continue the minor's
treatment on an inpatient basis.
(2) In making a determination under subsection (1) of
this section whether it is a medical necessity to release the
minor from inpatient treatment, the department shall consider
the opinion of the treatment provider, the safety of the minor,
the likelihood the minor's chemical dependency recovery will
deteriorate if released from inpatient treatment, and the
wishes of the parent.
[Title 70 RCW—page 264]
(3) If, after any review conducted by the department
under this section, the department determines it is no longer a
medical necessity for a minor to receive inpatient treatment,
the department shall immediately notify the parents and the
professional person in charge. The professional person in
charge shall release the minor to the parents within twentyfour hours of receiving notice. If the professional person in
charge and the parent believe that it is a medical necessity for
the minor to remain in inpatient treatment, the minor shall be
released to the parent on the second judicial day following the
department's determination in order to allow the parent time
to file an at-risk youth petition under chapter 13.32A RCW.
If the department determines it is a medical necessity for the
minor to receive outpatient treatment and the minor declines
to obtain such treatment, such refusal shall be grounds for the
parent to file an at-risk youth petition.
(4) The department may, subject to available funds, contract with other governmental agencies for the conduct of the
reviews conducted under this section and may seek reimbursement from the parents, their insurance, or medicaid for
the expense of any review conducted by an agency under
contract.
(5) In addition to the review required under this section,
the department may periodically determine and redetermine
the medical necessity of treatment for purposes of payment
with public funds. [1998 c 296 § 28; 1995 c 312 § 48.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Short title—1995 c 312: See note following RCW 13.32A.010.
70.96A.100
70.96A.100 Acceptance for approved treatment—
Rules. The secretary shall adopt and may amend and repeal
rules for acceptance of persons into the approved treatment
program, considering available treatment resources and facilities, for the purpose of early and effective treatment of alcoholics and other drug addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.
In establishing the rules, the secretary shall be guided by the
following standards:
(1) If possible a patient shall be treated on a voluntary
rather than an involuntary basis.
(2) A patient shall be initially assigned or transferred to
outpatient treatment, unless he or she is found to require residential treatment.
(3) A person shall not be denied treatment solely because
he or she has withdrawn from treatment against medical
advice on a prior occasion or because he or she has relapsed
after earlier treatment.
(4) An individualized treatment plan shall be prepared
and maintained on a current basis for each patient.
(5) Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves a facility or a form of treatment will have available and use other
appropriate treatment. [1989 c 270 § 23; 1972 ex.s. c 122 §
10.]
70.96A.110
70.96A.110 Voluntary treatment of alcoholics or
other drug addicts. (1) An alcoholic or other drug addict
may apply for voluntary treatment directly to an approved
treatment program. If the proposed patient is a minor or an
(2004 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
incompetent person, he or she, a parent, a legal guardian, or
other legal representative may make the application.
(2) Subject to rules adopted by the secretary, the administrator in charge of an approved treatment program may
determine who shall be admitted for treatment. If a person is
refused admission to an approved treatment program, the
administrator, subject to rules adopted by the secretary, shall
refer the person to another approved treatment program for
treatment if possible and appropriate.
(3) If a patient receiving inpatient care leaves an
approved treatment program, he or she shall be encouraged to
consent to appropriate outpatient treatment. If it appears to
the administrator in charge of the treatment program that the
patient is an alcoholic or other drug addict who requires help,
the department may arrange for assistance in obtaining supportive services and residential programs.
(4) If a patient leaves an approved public treatment program, with or against the advice of the administrator in
charge of the program, the department may make reasonable
provisions for his or her transportation to another program or
to his or her home. If the patient has no home he or she should
be assisted in obtaining shelter. If the patient is less than fourteen years of age or an incompetent person the request for
discharge from an inpatient program shall be made by a parent, legal guardian, or other legal representative or by the
minor or incompetent if he or she was the original applicant.
[1990 c 151 § 7; 1989 c 270 § 25; 1972 ex.s. c 122 § 11.]
70.96A.120 Treatment programs and facilities—
Admissions—Peace officer duties—Protective custody.
(1) An intoxicated person may come voluntarily to an
approved treatment program for treatment. A person who
appears to be intoxicated in a public place and to be in need
of help, if he or she consents to the proffered help, may be
assisted to his or her home, an approved treatment program or
other health facility.
(2) Except for a person who may be apprehended for
possible violation of laws not relating to alcoholism, drug
addiction, or intoxication and except for a person who may be
apprehended for possible violation of laws relating to driving
or being in physical control of a vehicle while under the influence of intoxicating liquor or any drug and except for a person who may wish to avail himself or herself of the provisions of RCW 46.20.308, a person who appears to be incapacitated or gravely disabled by alcohol or other drugs and
who is in a public place or who has threatened, attempted, or
inflicted physical harm on himself, herself, or another, shall
be taken into protective custody by a peace officer or staff
designated by the county and as soon as practicable, but in no
event beyond eight hours brought to an approved treatment
program for treatment. If no approved treatment program is
readily available he or she shall be taken to an emergency
medical service customarily used for incapacitated persons.
The peace officer or staff designated by the county, in detaining the person and in taking him or her to an approved treatment program, is taking him or her into protective custody
and shall make every reasonable effort to protect his or her
health and safety. In taking the person into protective custody, the detaining peace officer or staff designated by the
county may take reasonable steps including reasonable force
if necessary to protect himself or herself or effect the custody.
70.96A.120
(2004 Ed.)
70.96A.140
A taking into protective custody under this section is not an
arrest. No entry or other record shall be made to indicate that
the person has been arrested or charged with a crime.
(3) A person who comes voluntarily or is brought to an
approved treatment program shall be examined by a qualified
person. He or she may then be admitted as a patient or
referred to another health facility, which provides emergency
medical treatment, where it appears that such treatment may
be necessary. The referring approved treatment program shall
arrange for his or her transportation.
(4) A person who is found to be incapacitated or gravely
disabled by alcohol or other drugs at the time of his or her
admission or to have become incapacitated or gravely disabled at any time after his or her admission, may not be
detained at the program for more than seventy-two hours
after admission as a patient, unless a petition is filed under
RCW 70.96A.140, as now or hereafter amended: PROVIDED, That the treatment personnel at an approved treatment program are authorized to use such reasonable physical
restraint as may be necessary to retain an incapacitated or
gravely disabled person for up to seventy-two hours from the
time of admission. The seventy-two hour periods specified in
this section shall be computed by excluding Saturdays, Sundays, and holidays. A person may consent to remain in the
program as long as the physician in charge believes appropriate.
(5) A person who is not admitted to an approved treatment program, is not referred to another health facility, and
has no funds, may be taken to his or her home, if any. If he or
she has no home, the approved treatment program shall provide him or her with information and assistance to access
available community shelter resources.
(6) If a patient is admitted to an approved treatment program, his or her family or next of kin shall be notified as
promptly as possible by the treatment program. If an adult
patient who is not incapacitated requests that there be no notification, his or her request shall be respected.
(7) The peace officer, staff designated by the county, or
treatment facility personnel, who act in compliance with this
chapter and are performing in the course of their official duty
are not criminally or civilly liable therefor.
(8) If the person in charge of the approved treatment program determines that appropriate treatment is available, the
patient shall be encouraged to agree to further diagnosis and
appropriate voluntary treatment. [1991 c 290 § 6; 1990 c 151
§ 8; 1989 c 271 § 306; 1987 c 439 § 13; 1977 ex.s. c 62 § 1;
1974 ex.s. c 175 § 1; 1972 ex.s. c 122 § 12.]
Severability—1989 c 271: See note following RCW 9.94A.510.
70.96A.140
70.96A.140 Involuntary commitment. (1) When a
designated chemical dependency specialist receives information alleging that a person presents a likelihood of serious
harm or is gravely disabled as a result of chemical dependency, the designated chemical dependency specialist, after
investigation and evaluation of the specific facts alleged and
of the reliability and credibility of the information, may file a
petition for commitment of such person with the superior
court, district court, or in another court permitted by court
rule.
[Title 70 RCW—page 265]
70.96A.140
Title 70 RCW: Public Health and Safety
If a petition for commitment is not filed in the case of a
minor, the parent, guardian, or custodian who has custody of
the minor may seek review of that decision made by the designated chemical dependency specialist in superior or district
court. The parent, guardian, or custodian shall file notice with
the court and provide a copy of the designated chemical
dependency specialist's report.
If the designated chemical dependency specialist finds
that the initial needs of such person would be better served by
placement within the mental health system, the person shall
be referred to either a county designated mental health professional or an evaluation and treatment facility as defined in
RCW 71.05.020 or 71.34.020. If placement in a chemical
dependency program is available and deemed appropriate,
the petition shall allege that: The person is chemically dependent and presents a likelihood of serious harm or is gravely
disabled by alcohol or drug addiction, or that the person has
twice before in the preceding twelve months been admitted
for detoxification, sobering services, or chemical dependency
treatment pursuant to RCW 70.96A.110 or 70.96A.120, and
is in need of a more sustained treatment program, or that the
person is chemically dependent and has threatened,
attempted, or inflicted physical harm on another and is likely
to inflict physical harm on another unless committed. A
refusal to undergo treatment, by itself, does not constitute
evidence of lack of judgment as to the need for treatment. The
petition shall be accompanied by a certificate of a licensed
physician who has examined the person within five days
before submission of the petition, unless the person whose
commitment is sought has refused to submit to a medical
examination, in which case the fact of refusal shall be alleged
in the petition. The certificate shall set forth the licensed physician's findings in support of the allegations of the petition.
A physician employed by the petitioning program or the
department is eligible to be the certifying physician.
(2) Upon filing the petition, the court shall fix a date for
a hearing no less than two and no more than seven days after
the date the petition was filed unless the person petitioned
against is presently being detained in a program, pursuant to
RCW 70.96A.120, 71.05.210, or 71.34.050, in which case the
hearing shall be held within seventy-two hours of the filing of
the petition: PROVIDED, HOWEVER, That the above specified seventy-two hours shall be computed by excluding Saturdays, Sundays, and holidays: PROVIDED FURTHER,
That, the court may, upon motion of the person whose commitment is sought, or upon motion of petitioner with written
permission of the person whose commitment is sought, or his
or her counsel and, upon good cause shown, extend the date
for the hearing. A copy of the petition and of the notice of the
hearing, including the date fixed by the court, shall be served
by the designated chemical dependency specialist on the person whose commitment is sought, his or her next of kin, a
parent or his or her legal guardian if he or she is a minor, and
any other person the court believes advisable. A copy of the
petition and certificate shall be delivered to each person notified.
(3) At the hearing the court shall hear all relevant testimony, including, if possible, the testimony, which may be
telephonic, of at least one licensed physician who has examined the person whose commitment is sought. Communications otherwise deemed privileged under the laws of this state
[Title 70 RCW—page 266]
are deemed to be waived in proceedings under this chapter
when a court of competent jurisdiction in its discretion determines that the waiver is necessary to protect either the
detained person or the public. The waiver of a privilege under
this section is limited to records or testimony relevant to evaluation of the detained person for purposes of a proceeding
under this chapter. Upon motion by the detained person, or on
its own motion, the court shall examine a record or testimony
sought by a petitioner to determine whether it is within the
scope of the waiver.
The record maker shall not be required to testify in order
to introduce medical, nursing, or psychological records of
detained persons so long as the requirements of RCW
5.45.020 are met, except that portions of the record that contain opinions as to whether the detained person is chemically
dependent shall be deleted from the records unless the person
offering the opinions is available for cross-examination. The
person shall be present unless the court believes that his or
her presence is likely to be injurious to him or her; in this
event the court may deem it appropriate to appoint a guardian
ad litem to represent him or her throughout the proceeding. If
deemed advisable, the court may examine the person out of
courtroom. If the person has refused to be examined by a
licensed physician, he or she shall be given an opportunity to
be examined by a court appointed licensed physician. If he or
she refuses and there is sufficient evidence to believe that the
allegations of the petition are true, or if the court believes that
more medical evidence is necessary, the court may make a
temporary order committing him or her to the department for
a period of not more than five days for purposes of a diagnostic examination.
(4) If after hearing all relevant evidence, including the
results of any diagnostic examination, the court finds that
grounds for involuntary commitment have been established
by clear, cogent, and convincing proof, it shall make an order
of commitment to an approved treatment program. It shall not
order commitment of a person unless it determines that an
approved treatment program is available and able to provide
adequate and appropriate treatment for him or her.
(5) A person committed under this section shall remain
in the program for treatment for a period of sixty days unless
sooner discharged. At the end of the sixty-day period, he or
she shall be discharged automatically unless the program,
before expiration of the period, files a petition for his or her
recommitment upon the grounds set forth in subsection (1) of
this section for a further period of ninety days unless sooner
discharged.
If a petition for recommitment is not filed in the case of
a minor, the parent, guardian, or custodian who has custody
of the minor may seek review of that decision made by the
designated chemical dependency specialist in superior or district court. The parent, guardian, or custodian shall file notice
with the court and provide a copy of the treatment progress
report.
If a person has been committed because he or she is
chemically dependent and likely to inflict physical harm on
another, the program shall apply for recommitment if after
examination it is determined that the likelihood still exists.
(6) Upon the filing of a petition for recommitment under
subsection (5) of this section, the court shall fix a date for
hearing no less than two and no more than seven days after
(2004 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
the date the petition was filed: PROVIDED, That, the court
may, upon motion of the person whose commitment is sought
and upon good cause shown, extend the date for the hearing.
A copy of the petition and of the notice of hearing, including
the date fixed by the court, shall be served by the treatment
program on the person whose commitment is sought, his or
her next of kin, the original petitioner under subsection (1) of
this section if different from the petitioner for recommitment,
one of his or her parents or his or her legal guardian if he or
she is a minor, and his or her attorney and any other person
the court believes advisable. At the hearing the court shall
proceed as provided in subsection (3) of this section.
(7) The approved treatment program shall provide for
adequate and appropriate treatment of a person committed to
its custody. A person committed under this section may be
transferred from one approved public treatment program to
another if transfer is medically advisable.
(8) A person committed to the custody of a program for
treatment shall be discharged at any time before the end of
the period for which he or she has been committed and he or
she shall be discharged by order of the court if either of the
following conditions are met:
(a) In case of a chemically dependent person committed
on the grounds of likelihood of infliction of physical harm
upon himself, herself, or another, the likelihood no longer
exists; or further treatment will not be likely to bring about
significant improvement in the person's condition, or treatment is no longer adequate or appropriate.
(b) In case of a chemically dependent person committed
on the grounds of the need of treatment and incapacity, that
the incapacity no longer exists.
(9) The court shall inform the person whose commitment
or recommitment is sought of his or her right to contest the
application, be represented by counsel at every stage of any
proceedings relating to his or her commitment and recommitment, and have counsel appointed by the court or provided by
the court, if he or she wants the assistance of counsel and is
unable to obtain counsel. If the court believes that the person
needs the assistance of counsel, the court shall require, by
appointment if necessary, counsel for him or her regardless of
his or her wishes. The person shall, if he or she is financially
able, bear the costs of such legal service; otherwise such legal
service shall be at public expense. The person whose commitment or recommitment is sought shall be informed of his or
her right to be examined by a licensed physician of his or her
choice. If the person is unable to obtain a licensed physician
and requests examination by a physician, the court shall
employ a licensed physician.
(10) A person committed under this chapter may at any
time seek to be discharged from commitment by writ of
habeas corpus in a court of competent jurisdiction.
(11) The venue for proceedings under this section is the
county in which person to be committed resides or is present.
(12) When in the opinion of the professional person in
charge of the program providing involuntary treatment under
this chapter, the committed patient can be appropriately
served by less restrictive treatment before expiration of the
period of commitment, then the less restrictive care may be
required as a condition for early release for a period which,
when added to the initial treatment period, does not exceed
the period of commitment. If the program designated to pro(2004 Ed.)
70.96A.142
vide the less restrictive treatment is other than the program
providing the initial involuntary treatment, the program so
designated must agree in writing to assume such responsibility. A copy of the conditions for early release shall be given
to the patient, the designated chemical dependency specialist
of original commitment, and the court of original commitment. The program designated to provide less restrictive care
may modify the conditions for continued release when the
modifications are in the best interests of the patient. If the
program providing less restrictive care and the designated
chemical dependency specialist determine that a conditionally released patient is failing to adhere to the terms and conditions of his or her release, or that substantial deterioration
in the patient's functioning has occurred, then the designated
chemical dependency specialist shall notify the court of original commitment and request a hearing to be held no less than
two and no more than seven days after the date of the request
to determine whether or not the person should be returned to
more restrictive care. The designated chemical dependency
specialist shall file a petition with the court stating the facts
substantiating the need for the hearing along with the treatment recommendations. The patient shall have the same
rights with respect to notice, hearing, and counsel as for the
original involuntary treatment proceedings. The issues to be
determined at the hearing are whether the conditionally
released patient did or did not adhere to the terms and conditions of his or her release to less restrictive care or that substantial deterioration of the patient's functioning has occurred
and whether the conditions of release should be modified or
the person should be returned to a more restrictive program.
The hearing may be waived by the patient and his or her
counsel and his or her guardian or conservator, if any, but
may not be waived unless all such persons agree to the
waiver. Upon waiver, the person may be returned for involuntary treatment or continued on conditional release on the
same or modified conditions. [2001 c 13 § 3; 1995 c 312 §
49; 1993 c 362 § 1; 1991 c 364 § 10; 1990 c 151 § 3; 1989 c
271 § 307; 1987 c 439 § 14; 1977 ex.s. c 129 § 1; 1974 ex.s.
c 175 § 2; 1972 ex.s. c 122 § 14.]
Severability—2001 c 13: See note following RCW 70.96A.020.
Short title—1995 c 312: See note following RCW 13.32A.010.
Purpose—Construction—1993 c 362: "The purpose of this act is
solely to provide authority for the involuntary commitment of persons suffering from chemical dependency within available funds and current programs and facilities. Nothing in this act shall be construed to require the
addition of new facilities nor affect the department of social and health services' authority for the uses of existing programs and facilities authorized by
law." [1993 c 362 § 2.]
Findings—Construction—Conflict with federal requirements—
1991 c 364: See notes following RCW 70.96A.020.
Severability—1989 c 271: See note following RCW 9.94A.510.
70.96A.142
70.96A.142 Evaluation by designated chemical
dependency specialist—When required—Required notifications. (1) When a designated chemical dependency specialist is notified by a jail that a defendant or offender who
was subject to a discharge review under RCW 71.05.232 is to
be released to the community, the designated chemical
dependency specialist shall evaluate the person within seventy-two hours of release, if the person's treatment information indicates that he or she may need chemical dependency
treatment.
[Title 70 RCW—page 267]
70.96A.145
Title 70 RCW: Public Health and Safety
(2) When an offender is under court-ordered treatment in
the community and the supervision of the department of corrections, and the treatment provider becomes aware that the
person is in violation of the terms of the court order, the treatment provider shall notify the designated chemical dependency specialist of the violation and request an evaluation for
purposes of revocation of the conditional release.
(3) When a designated chemical dependency specialist
becomes aware that an offender who is under court-ordered
treatment in the community and the supervision of the department of corrections is in violation of a treatment order or a
condition of supervision that relates to public safety, or the
designated chemical dependency specialist detains a person
under this chapter, the designated chemical dependency specialist shall notify the person's treatment provider and the
department of corrections.
(4) When an offender who is confined in a state correctional facility or is under supervision of the department of
corrections in the community is subject to a petition for involuntary treatment under this chapter, the petitioner shall notify
the department of corrections and the department of corrections shall provide documentation of its risk assessment or
other concerns to the petitioner and the court if the department of corrections classified the offender as a high risk or
high needs offender.
(5) Nothing in this section creates a duty on any treatment provider or designated chemical dependency specialist
to provide offender supervision. [2004 c 166 § 15.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
70.96A.145
70.96A.145 Involuntary commitment proceedings—
Prosecuting attorney may represent specialist or program. The prosecuting attorney of the county in which such
action is taken may, at the discretion of the prosecuting attorney, represent the designated chemical dependency specialist
or treatment program in judicial proceedings under RCW
70.96A.140 for the involuntary commitment or recommitment of an individual, including any judicial proceeding
where the individual sought to be committed or recommitted
challenges the action. [1993 c 137 § 1.]
70.96A.148
70.96A.148 Detention, commitment duties—Designation of county designated mental health professional.
The county alcoholism and other drug addiction program
coordinator may designate the county designated mental
health professional to perform the detention and commitment
duties described in RCW 70.96A.120 and 70.96A.140. [2001
c 13 § 4.]
a crime on program premises or against program personnel,
or threatens to do so.
(2) Notwithstanding subsection (1) of this section, the
secretary may receive information from patients' records for
purposes of research into the causes and treatment of alcoholism and other drug addiction, verification of eligibility and
appropriateness of reimbursement, and the evaluation of
alcoholism and other drug treatment programs. Information
under this subsection shall not be published in a way that discloses patients' names or otherwise discloses their identities.
(3) Nothing contained in this chapter relieves a person or
firm from the requirements under federal regulations for the
confidentiality of alcohol and drug abuse patient records.
Obligations imposed on drug and alcohol treatment programs
and protections afforded alcohol and drug abuse patients
under federal regulations apply to all programs approved by
the department under RCW 70.96A.090. [1990 c 151 § 1;
1989 c 162 § 1; 1972 ex.s. c 122 § 15.]
70.96A.155
70.96A.155 Court-ordered treatment—Required
notifications. When any court orders a person to receive
treatment under this chapter, the order shall include a statement that if the person is, or becomes, subject to supervision
by the department of corrections, the person must notify the
treatment provider and the person's chemical dependency
treatment information must be shared with the department of
corrections for the duration of the offender's incarceration
and supervision. Upon a petition by a person who does not
have a history of one or more violent acts, as defined in RCW
71.05.020, the court may, for good cause, find that public
safety would not be enhanced by the sharing of this person's
information. [2004 c 166 § 13.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
70.96A.160
70.96A.160 Visitation and communication with
patients. (1) Subject to reasonable rules regarding hours of
visitation which the secretary may adopt, patients in any
approved treatment program shall be granted opportunities
for adequate consultation with counsel, and for continuing
contact with family and friends consistent with an effective
treatment program.
(2) Neither mail nor other communication to or from a
patient in any approved treatment program may be intercepted, read, or censored. The secretary may adopt reasonable rules regarding the use of telephone by patients in
approved treatment programs. [1989 c 270 § 29; 1972 ex.s. c
122 § 16.]
Severability—2001 c 13: See note following RCW 70.96A.020.
70.96A.170
70.96A.150
70.96A.150 Records of alcoholics and intoxicated
persons. (1) The registration and other records of treatment
programs shall remain confidential. Records may be disclosed (a) in accordance with the prior written consent of the
patient with respect to whom such record is maintained, (b) if
authorized by an appropriate order of a court of competent
jurisdiction granted after application showing good cause, (c)
to comply with state laws mandating the reporting of suspected child abuse or neglect, or (d) when a patient commits
[Title 70 RCW—page 268]
70.96A.170 Emergency service patrol—Establishment—Rules. (1) The state and counties, cities, and other
municipalities may establish or contract for emergency service patrols which are to be under the administration of the
appropriate jurisdiction. A patrol consists of persons trained
to give assistance in the streets and in other public places to
persons who are intoxicated. Members of an emergency service patrol shall be capable of providing first aid in emergency situations and may transport intoxicated persons to
their homes and to and from treatment programs.
(2004 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
(2) The secretary shall adopt rules pursuant to chapter
34.05 RCW for the establishment, training, and conduct of
emergency service patrols. [1989 c 270 § 30; 1972 ex.s. c
122 § 17.]
70.96A.245
name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's
need for treatment with the parent. [1998 c 296 § 24.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
70.96A.180
70.96A.180 Payment for treatment—Financial ability of patients. (1) If treatment is provided by an approved
treatment program and the patient has not paid or is unable to
pay the charge therefor, the program is entitled to any payment (a) received by the patient or to which he may be entitled because of the services rendered, and (b) from any public
or private source available to the program because of the
treatment provided to the patient.
(2) A patient in a program, or the estate of the patient, or
a person obligated to provide for the cost of treatment and
having sufficient financial ability, is liable to the program for
cost of maintenance and treatment of the patient therein in
accordance with rates established.
(3) The secretary shall adopt rules governing financial
ability that take into consideration the income, savings, and
other personal and real property of the person required to pay,
and any support being furnished by him to any person he is
required by law to support. [1990 c 151 § 6; 1989 c 270 § 31;
1972 ex.s. c 122 § 18.]
70.96A.190
70.96A.190 Criminal laws limitations. (1) No county,
municipality, or other political subdivision may adopt or
enforce a local law, ordinance, resolution, or rule having the
force of law that includes drinking, being an alcoholic or drug
addict, or being found in an intoxicated condition as one of
the elements of the offense giving rise to a criminal or civil
penalty or sanction.
(2) No county, municipality, or other political subdivision may interpret or apply any law of general application to
circumvent the provision of subsection (1) of this section.
(3) Nothing in this chapter affects any law, ordinance,
resolution, or rule against drunken driving, driving under the
influence of alcohol or other psychoactive chemicals, or other
similar offense involving the operation of a vehicle, aircraft,
boat, machinery, or other equipment, or regarding the sale,
purchase, dispensing, possessing, or use of alcoholic beverages or other psychoactive chemicals at stated times and
places or by a particular class of persons; nor shall evidence
of intoxication affect, other than as a defense, the application
of any law, ordinance, resolution, or rule to conduct otherwise establishing the elements of an offense. [1989 c 270 §
32; 1972 ex.s. c 122 § 19.]
70.96A.230
70.96A.230 Minor—When outpatient treatment provider must give notice to parents. Any provider of outpatient treatment who provides outpatient treatment to a minor
thirteen years of age or older shall provide notice of the
minor's request for treatment to the minor's parents if: (1)
The minor signs a written consent authorizing the disclosure;
or (2) the treatment program director determines that the
minor lacks capacity to make a rational choice regarding consenting to disclosure. The notice shall be made within seven
days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and
telephone number of the facility providing treatment, and the
(2004 Ed.)
70.96A.235
70.96A.235 Minor—Parental consent for inpatient
treatment—Exception. Parental consent is required for
inpatient chemical dependency treatment of a minor, unless
the child meets the definition of a child in need of services in
*RCW 13.32A.030(4)(c) as determined by the department:
PROVIDED, That parental consent is required for any treatment of a minor under the age of thirteen.
This section does not apply to petitions filed under this
chapter. [1998 c 296 § 25.]
*Reviser's note: RCW 13.32A.030 was amended by 2000 c 123 § 2,
changing subsection (4)(c) to subsection (5)(c).
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
70.96A.240
70.96A.240 Minor—Parent not liable for payment
unless consented to treatment—No right to public funds.
(1) The parent of a minor is not liable for payment of inpatient or outpatient chemical dependency treatment unless the
parent has joined in the consent to the treatment.
(2) The ability of a parent to apply to a certified treatment program for the admission of his or her minor child
does not create a right to obtain or benefit from any funds or
resources of the state. However, the state may provide services for indigent minors to the extent that funds are available
therefor. [1998 c 296 § 26.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
70.96A.245
70.96A.245 Minor—Parent may request determination whether minor has chemical dependency requiring
inpatient treatment—Minor consent not required—
Duties and obligations of professional person and facility.
(1) A parent may bring, or authorize the bringing of, his or
her minor child to a certified treatment program and request
that a chemical dependency assessment be conducted by a
professional person to determine whether the minor is chemically dependent and in need of inpatient treatment.
(2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor
to the program.
(3) An appropriately trained professional person may
evaluate whether the minor is chemically dependent. The
evaluation shall be completed within twenty-four hours of the
time the minor was brought to the program, unless the professional person determines that the condition of the minor
necessitates additional time for evaluation. In no event shall a
minor be held longer than seventy-two hours for evaluation.
If, in the judgment of the professional person, it is determined
it is a medical necessity for the minor to receive inpatient
treatment, the minor may be held for treatment. The facility
shall limit treatment to that which the professional person
determines is medically necessary to stabilize the minor's
condition until the evaluation has been completed. Within
twenty-four hours of completion of the evaluation, the pro[Title 70 RCW—page 269]
70.96A.250
Title 70 RCW: Public Health and Safety
fessional person shall notify the department if the child is
held for treatment and of the date of admission.
(4) No provider is obligated to provide treatment to a
minor under the provisions of this section. No provider may
admit a minor to treatment under this section unless it is medically necessary.
(5) No minor receiving inpatient treatment under this
section may be discharged from the program based solely on
his or her request. [1998 c 296 § 27.]
Purpose—1998 c 296 §§ 27 and 29: "It is the purpose of sections 27
and 29 of this act to assure the ability of parents to exercise reasonable, compassionate care and control of their minor children when there is a medical
necessity for treatment and without the requirement of filing a petition under
chapter 70.96A RCW." [1998 c 296 § 33.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
70.96A.250
70.96A.250 Minor—Parent may request determination whether minor has chemical dependency requiring
outpatient treatment—Consent of minor not required—
Discharge of minor. (1) A parent may bring, or authorize
the bringing of, his or her minor child to a provider of outpatient chemical dependency treatment and request that an
appropriately trained professional person examine the minor
to determine whether the minor has a chemical dependency
and is in need of outpatient treatment.
(2) The consent of the minor is not required for evaluation if the parent brings the minor to the provider.
(3) The professional person in charge of the program
may evaluate whether the minor has a chemical dependency
and is in need of outpatient treatment.
(4) Any minor admitted to inpatient treatment under
RCW 70.96A.245 shall be discharged immediately from
inpatient treatment upon written request of the parent. [1998
c 296 § 29.]
Purpose—1998 c 296 §§ 27 and 29: See note following RCW
70.96A.245.
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
70.96A.255 Minor—Petition to superior court for
release from facility. Following the review conducted under
RCW 70.96A.097, a minor child may petition the superior
court for his or her release from the facility. The petition may
be filed not sooner than five days following the review. The
court shall release the minor unless it finds, upon a preponderance of the evidence, that it is a medical necessity for the
minor to remain at the facility. [1998 c 296 § 30.]
70.96A.255
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
70.96A.260 Minor—Not released by petition under
RCW 70.96A.255—Release within thirty days—Professional may initiate proceedings to stop release. If the
minor is not released as a result of the petition filed under
RCW 70.96A.255, he or she shall be released not later than
thirty days following the later of: (1) The date of the department's determination under RCW 70.96A.097(2); or (2) the
filing of a petition for judicial review under RCW
70.96A.255, unless a professional person or the designated
chemical dependency specialist initiates proceedings under
this chapter. [1998 c 296 § 31.]
70.96A.260
[Title 70 RCW—page 270]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
70.96A.265
70.96A.265 Minor—Eligibility for medical assistance
under chapter 74.09 RCW—Payment by department.
For purposes of eligibility for medical assistance under chapter 74.09 RCW, minors in inpatient chemical dependency
treatment shall be considered to be part of their parent's or
legal guardian's household, unless the minor has been
assessed by the department or its designee as likely to require
such treatment for at least ninety consecutive days, or is in
out-of-home care in accordance with chapter 13.34 RCW, or
the parents are found to not be exercising responsibility for
care and control of the minor. Payment for such care by the
department shall be made only in accordance with rules,
guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department. [1998 c 296 §
32.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
70.96A.300
70.96A.300 Counties may create alcoholism and
other drug addiction board—Generally. (1) A county or
combination of counties acting jointly by agreement, referred
to as "county" in this chapter, may create an alcoholism and
other drug addiction board. This board may also be designated as a board for other related purposes.
(2) The board shall be composed of not less than seven
nor more than fifteen members, who shall be chosen for their
demonstrated concern for alcoholism and other drug addiction problems. Members of the board shall be representative
of the community, shall include at least one-quarter recovered alcoholics or other recovered drug addicts, and shall
include minority group representation. No member may be a
provider of alcoholism and other drug addiction treatment
services. No more than four elected or appointed city or
county officials may serve on the board at the same time.
Members of the board shall serve three-year terms and hold
office until their successors are appointed and qualified. They
shall not be compensated for the performance of their duties
as members of the board, but may be reimbursed for travel
expenses.
(3) The alcoholism and other drug addiction board shall:
(a) Conduct public hearings and other investigations to
determine the needs and priorities of county citizens;
(b) Prepare and recommend to the county legislative
authority for approval, all plans, budgets, and applications by
the county to the department and other state agencies on
behalf of the county alcoholism and other drug addiction program;
(c) Monitor the implementation of the alcoholism and
other drug addiction plan and evaluate the performance of the
alcoholism and drug addiction program at least annually;
(d) Advise the county legislative authority and county
alcoholism and other drug addiction program coordinator on
matters relating to the alcoholism and other drug addiction
program, including prevention and education;
(e) Nominate individuals to the county legislative
authority for the position of county alcoholism and other drug
addiction program coordinator. The nominees should have
training and experience in the administration of alcoholism
(2004 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
and other drug addiction services and shall meet the minimum qualifications established by rule of the department;
(f) Carry out other duties that the department may prescribe by rule. [1989 c 270 § 15.]
70.96A.310
70.96A.310 County alcoholism and other drug addiction program—Chief executive officer of program to be
program coordinator. (1) The chief executive officer of the
county alcoholism and other drug addiction program shall be
the county alcoholism and other drug addiction program
coordinator. The coordinator shall:
(a) In consultation with the county alcoholism and other
drug addiction board, provide general supervision over the
county alcoholism and other drug addiction program;
(b) Prepare plans and applications for funds to support
the alcoholism and other drug addiction program in consultation with the county alcoholism and other drug addiction
board;
(c) Monitor the delivery of services to assure conformance with plans and contracts and, at the discretion of the
board, but at least annually, report to the alcoholism and other
drug addiction board the results of the monitoring;
(d) Provide staff support to the county alcoholism and
other drug addiction board.
(2) The county alcoholism and other drug addiction program coordinator shall be appointed by the county legislative
authority from nominations by the alcoholism and other drug
addiction program board. The coordinator may serve on
either a full-time or part-time basis. Only with the prior
approval of the secretary may the coordinator be an employee
of a government or private agency under contract with the
department to provide alcoholism or other drug addiction services. [1989 c 270 § 16.]
70.96A.320
70.96A.320 Alcoholism and other drug addiction
program—Generally. (1) A county legislative authority, or
two or more counties acting jointly, may establish an alcoholism and other drug addiction program. If two or more counties jointly establish the program, they shall designate one
county to provide administrative and financial services.
(2) To be eligible for funds from the department for the
support of the county alcoholism and other drug addiction
program, the county legislative authority shall establish a
county alcoholism and other drug addiction board under
RCW 70.96A.300 and appoint a county alcoholism and other
drug addiction program coordinator under RCW 70.96A.310.
(3) The county legislative authority may apply to the
department for financial support for the county program of
alcoholism and other drug addiction. To receive financial
support, the county legislative authority shall submit a plan
that meets the following conditions:
(a) It shall describe the services and activities to be provided;
(b) It shall include anticipated expenditures and revenues;
(c) It shall be prepared by the county alcoholism and
other drug addiction program board and be adopted by the
county legislative authority;
(d) It shall reflect maximum effective use of existing services and programs; and
(2004 Ed.)
70.96A.350
(e) It shall meet other conditions that the secretary may
require.
(4) The county may accept and spend gifts, grants, and
fees, from public and private sources, to implement its program of alcoholism and other drug addiction.
(5) The county may subcontract for detoxification, residential treatment, or outpatient treatment with treatment programs that are approved treatment programs. The county may
subcontract for other services with individuals or organizations approved by the department.
(6) To continue to be eligible for financial support from
the department for the county alcoholism and other drug
addiction program, an increase in state financial support shall
not be used to supplant local funds from a source that was
used to support the county alcoholism and other drug addiction program before the effective date of the increase. [1990
c 151 § 9; 1989 c 270 § 17.]
70.96A.350 Criminal justice treatment account. (1)
The criminal justice treatment account is created in the state
treasury. Moneys in the account may be expended solely for:
(a) Substance abuse treatment and treatment support services
for offenders with an addiction or a substance abuse problem
that, if not treated, would result in addiction, against whom
charges are filed by a prosecuting attorney in Washington
state; and (b) the provision of drug and alcohol treatment services and treatment support services for nonviolent offenders
within a drug court program. Moneys in the account may be
spent only after appropriation.
(2) For purposes of this section:
(a) "Treatment" means services that are critical to a participant's successful completion of his or her substance abuse
treatment program, but does not include the following services: Housing other than that provided as part of an inpatient substance abuse treatment program, vocational training,
and mental health counseling; and
(b) "Treatment support" means transportation to or from
inpatient or outpatient treatment services when no viable
alternative exists, and child care services that are necessary to
ensure a participant's ability to attend outpatient treatment
sessions.
(3) Revenues to the criminal justice treatment account
consist of: (a) Funds transferred to the account pursuant to
this section; and (b) any other revenues appropriated to or
deposited in the account.
(4)(a) For the fiscal biennium beginning July 1, 2003, the
state treasurer shall transfer eight million nine hundred fifty
thousand dollars from the general fund into the criminal justice treatment account, divided into eight equal quarterly payments. For the fiscal year beginning July 1, 2005, and each
subsequent fiscal year, the state treasurer shall transfer eight
million two hundred fifty thousand dollars from the general
fund to the criminal justice treatment account, divided into
four equal quarterly payments. For the fiscal year beginning
July 1, 2006, and each subsequent fiscal year, the amount
transferred shall be increased on an annual basis by the
implicit price deflator as published by the federal bureau of
labor statistics.
(b) For the fiscal biennium beginning July 1, 2003, and
each biennium thereafter, the state treasurer shall transfer two
million nine hundred eighty-four thousand dollars from the
70.96A.350
[Title 70 RCW—page 271]
70.96A.400
Title 70 RCW: Public Health and Safety
general fund into the violence reduction and drug enforcement account, divided into eight quarterly payments. The
amounts transferred pursuant to this subsection (4)(b) shall
be used solely for providing drug and alcohol treatment services to offenders confined in a state correctional facility who
are assessed with an addiction or a substance abuse problem
that if not treated would result in addiction.
(c) In each odd-numbered year, the legislature shall
appropriate the amount transferred to the criminal justice
treatment account in (a) of this subsection to the division of
alcohol and substance abuse for the purposes of subsection
(5) of this section.
(5) Moneys appropriated to the division of alcohol and
substance abuse from the criminal justice treatment account
shall be distributed as specified in this subsection. The
department shall serve as the fiscal agent for purposes of distribution. Until July 1, 2004, the department may not use
moneys appropriated from the criminal justice treatment
account for administrative expenses and shall distribute all
amounts appropriated under subsection (4)(c) of this section
in accordance with this subsection. Beginning in July 1,
2004, the department may retain up to three percent of the
amount appropriated under subsection (4)(c) of this section
for its administrative costs.
(a) Seventy percent of amounts appropriated to the division from the account shall be distributed to counties pursuant to the distribution formula adopted under this section.
The division of alcohol and substance abuse, in consultation
with the department of corrections, the sentencing guidelines
commission, the Washington state association of counties,
the Washington state association of drug court professionals,
the superior court judges' association, the Washington association of prosecuting attorneys, representatives of the criminal
defense bar, representatives of substance abuse treatment
providers, and any other person deemed by the division to be
necessary, shall establish a fair and reasonable methodology
for distribution to counties of moneys in the criminal justice
treatment account. County or regional plans submitted for
the expenditure of formula funds must be approved by the
panel established in (b) of this subsection.
(b) Thirty percent of the amounts appropriated to the
division from the account shall be distributed as grants for
purposes of treating offenders against whom charges are filed
by a county prosecuting attorney. The division shall appoint
a panel of representatives from the Washington association of
prosecuting attorneys, the Washington association of sheriffs
and police chiefs, the superior court judges' association, the
Washington state association of counties, the Washington
defender's association or the Washington association of criminal defense lawyers, the department of corrections, the
Washington state association of drug court professionals,
substance abuse treatment providers, and the division. The
panel shall review county or regional plans for funding under
(a) of this subsection and grants approved under this subsection. The panel shall attempt to ensure that treatment as
funded by the grants is available to offenders statewide.
(6) The county alcohol and drug coordinator, county
prosecutor, county sheriff, county superior court, a substance
abuse treatment provider appointed by the county legislative
authority, a member of the criminal defense bar appointed by
the county legislative authority, and, in counties with a drug
[Title 70 RCW—page 272]
court, a representative of the drug court shall jointly submit a
plan, approved by the county legislative authority or authorities, to the panel established in subsection (5)(b) of this section, for disposition of all the funds provided from the criminal justice treatment account within that county. The funds
shall be used solely to provide approved alcohol and substance abuse treatment pursuant to RCW 70.96A.090 and
treatment support services. No more than ten percent of the
total moneys received under subsections (4) and (5) of this
section by a county or group of counties participating in a
regional agreement shall be spent for treatment support services.
(7) Counties are encouraged to consider regional agreements and submit regional plans for the efficient delivery of
treatment under this section.
(8) Moneys allocated under this section shall be used to
supplement, not supplant, other federal, state, and local funds
used for substance abuse treatment.
(9) Counties must meet the criteria established in RCW
2.28.170(3)(b). [2003 c 379 § 11; 2002 c 290 § 4.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Effective date—2002 c 290 §§ 1, 4-6, 12, 13, 26, and 27: "Sections 1,
4 through 6, 12, 13, 26, and 27 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately
[April 1, 2002]." [2002 c 290 § 32.]
Intent—2002 c 290: See note following RCW 9.94A.517.
Severability—2002 c 290: See RCW 9.94A.924.
70.96A.400
70.96A.400 Opiate substitution treatment—Declaration of regulation by state. The state of Washington
declares that there is no fundamental right to opiate substitution treatment. The state of Washington further declares that
while opiate substitution drugs used in the treatment of opiate
dependency are addictive substances, that they nevertheless
have several legal, important, and justified uses and that one
of their appropriate and legal uses is, in conjunction with
other required therapeutic procedures, in the treatment of persons addicted to or habituated to opioids. Opiate substitution
treatment should only be used for participants who are
deemed appropriate to need this level of intervention and
should not be the first treatment intervention for all opiate
addicts.
Because opiate substitution drugs, used in the treatment
of opiate dependency are addictive and are listed as a schedule II controlled substance in chapter 69.50 RCW, the state of
Washington has the legal obligation and right to regulate the
use of opiate substitution treatment. The state of Washington
declares its authority to control and regulate carefully, in consultation with counties and cities, all clinical uses of opiate
substitution drugs used in the treatment of opiate addiction.
Further, the state declares that the primary goal of opiate
substitution treatment is total abstinence from chemical
dependency for the individuals who participate in the treatment program. The state recognizes that a small percentage
of persons who participate in opiate substitution treatment
programs require treatment for an extended period of time.
Opiate substitution treatment programs shall provide a comprehensive transition program to eliminate chemical dependency, including opiate and opiate substitute addiction of
(2004 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
program participants. [2001 c 242 § 1; 1995 c 321 § 1; 1989
c 270 § 20.]
70.96A.410 Opiate substitution treatment—Program
certification by department, department duties—Definition of opiate substitution treatment. (1) For purposes of
this section, "area" means the county in which an applicant
proposes to locate a certified program and counties adjacent,
or near to, the county in which the program is proposed to be
located.
When making a decision on an application for certification of a program, the department shall:
(a) Consult with the county legislative authorities in the
area in which an applicant proposes to locate a program and
the city legislative authority in any city in which an applicant
proposes to locate a program;
(b) Certify only programs that will be sited in accordance
with the appropriate county or city land use ordinances.
Counties and cities may require conditional or special use
permits with reasonable conditions for the siting of programs.
Pursuant to RCW 36.70A.200, no local comprehensive plan
or development regulation may preclude the siting of essential public facilities;
(c) Not discriminate in its certification decision on the
basis of the corporate structure of the applicant;
(d) Consider the size of the population in need of treatment in the area in which the program would be located and
certify only applicants whose programs meet the necessary
treatment needs of that population;
(e) Demonstrate a need in the community for opiate substitution treatment and not certify more program slots than
justified by the need in that community. No program shall
exceed three hundred fifty participants unless specifically
authorized by the county in which the program is certified;
(f) Consider the availability of other certified programs
near the area in which the applicant proposes to locate the
program;
(g) Consider the transportation systems that would provide service to the program and whether the systems will provide reasonable opportunities to access the program for persons in need of treatment;
(h) Consider whether the applicant has, or has demonstrated in the past, the capability to provide the appropriate
services to assist the persons who utilize the program in meeting goals established by the legislature, including abstinence
from opiates and opiate substitutes, obtaining mental health
treatment, improving economic independence, and reducing
adverse consequences associated with illegal use of controlled substances. The department shall prioritize certification to applicants who have demonstrated such capability;
(i) Hold at least one public hearing in the county in
which the facility is proposed to be located and one hearing in
the area in which the facility is proposed to be located. The
hearing shall be held at a time and location that are most
likely to permit the largest number of interested persons to
attend and present testimony. The department shall notify all
appropriate media outlets of the time, date, and location of
the hearing at least three weeks in advance of the hearing.
(2) A program applying for certification from the department and a program applying for a contract from a state
agency that has been denied the certification or contract shall
70.96A.410
(2004 Ed.)
70.96A.430
be provided with a written notice specifying the rationale and
reasons for the denial.
(3) For the purpose of this chapter, opiate substitution
treatment means:
(a) Dispensing an opiate substitution drug approved by
the federal drug administration for the treatment of opiate
addiction; and
(b) Providing a comprehensive range of medical and
rehabilitative services. [2001 c 242 § 2; 1995 c 321 § 2; 1989
c 270 § 21.]
70.96A.420
70.96A.420 Statewide treatment and operating standards for opiate substitution programs—Evaluation and
report. (1) The department, in consultation with opiate substitution treatment service providers and counties and cities,
shall establish statewide treatment standards for certified opiate substitution treatment programs. The department shall
enforce these treatment standards. The treatment standards
shall include, but not be limited to, reasonable provisions for
all appropriate and necessary medical procedures, counseling
requirements, urinalysis, and other suitable tests as needed to
ensure compliance with this chapter.
(2) The department, in consultation with opiate substitution treatment programs and counties, shall establish statewide operating standards for certified opiate substitution
treatment programs. The department shall enforce these
operating standards. The operating standards shall include,
but not be limited to, reasonable provisions necessary to
enable the department and counties to monitor certified and
licensed opiate substitution treatment programs for compliance with this chapter and the treatment standards authorized
by this chapter and to minimize the impact of the opiate substitution treatment programs upon the business and residential neighborhoods in which the program is located.
(3) The department shall establish criteria for evaluating
the compliance of opiate substitution treatment programs
with the goals and standards established under this chapter.
As a condition of certification, opiate substitution programs
shall submit an annual report to the department and county
legislative authority, including data as specified by the
department necessary for outcome analysis. The department
shall analyze and evaluate the data submitted by each treatment program and take corrective action where necessary to
ensure compliance with the goals and standards enumerated
under this chapter. [2003 c 207 § 6; 2001 c 242 § 3; 1998 c
245 § 135; 1995 c 321 § 3; 1989 c 270 § 22.]
70.96A.430
70.96A.430 Inability to contribute to cost no bar to
admission—Department may limit admissions. The
department shall not refuse admission for diagnosis, evaluation, guidance or treatment to any applicant because it is
determined that the applicant is financially unable to contribute fully or in part to the cost of any services or facilities
available under the program on alcoholism.
The department may limit admissions of such applicants
or modify its programs in order to ensure that expenditures
for services or programs do not exceed amounts appropriated
by the legislature and are allocated by the department for
such services or programs. The department may establish
admission priorities in the event that the number of eligible
[Title 70 RCW—page 273]
70.96A.500
Title 70 RCW: Public Health and Safety
applicants exceeds the limits set by the department. [1989 c
271 § 308; 1959 c 85 § 15. Formerly RCW 70.96.150.]
Reviser's note: This section was also repealed by 1989 c 270 § 35,
without cognizance of its amendment by 1989 c 271 § 308; and subsequently
recodified pursuant to 1993 c 131 § 1. For rule of construction concerning
sections amended and repealed in the same legislative session, see RCW
1.12.025.
Severability—1989 c 271: See note following RCW 9.94A.510.
70.96A.500 Fetal alcohol screening and assessment
services. The department shall contract with the University
of Washington fetal alcohol syndrome clinic to provide fetal
alcohol exposure screening and assessment services. The
University indirect charges shall not exceed ten percent of the
total contract amount. The contract shall require the University of Washington fetal alcohol syndrome clinic to provide
the following services:
(1) Training for health care staff in community-based
fetal alcohol exposure clinics to ensure the accurate diagnosis
of individuals with fetal alcohol exposure and the development and implementation of appropriate service referral
plans;
(2) Development of written or visual educational materials for the individuals diagnosed with fetal alcohol exposure
and their families or caregivers;
(3) Systematic information retrieval from each community clinic to (a) maintain diagnostic accuracy and reliability
across all community clinics, (b) facilitate the development
of effective and efficient screening tools for population-based
identification of individuals with fetal alcohol exposure, (c)
facilitate identification of the most clinically efficacious and
cost-effective educational, social, vocational, and health service interventions for individuals with fetal alcohol exposure;
(4) Based on available funds, establishment of a network
of community-based fetal alcohol exposure clinics across the
state to meet the demand for fetal alcohol exposure diagnostic and referral services; and
(5) Preparation of an annual report for submission to the
department of health, the department of social and health services, the department of corrections, and the office of the
superintendent of public instruction which includes the information retrieved under subsection (3) of this section. [1998 c
245 § 136; 1995 c 54 § 2.]
70.96A.500
Findings—Purpose—1995 c 54: "The legislature finds that fetal alcohol exposure is among the leading known causes of mental retardation in the
children of our state. The legislature further finds that individuals with undiagnosed fetal alcohol exposure suffer substantially from secondary disabilities such as child abuse and neglect, separation from families, multiple foster
placements, depression, aggression, school failure, juvenile detention, and
job instability. These secondary disabilities come at a high cost to the individuals, their family, and society. The legislature finds that these problems
can be reduced substantially by early diagnosis and receipt of appropriate,
effective intervention.
The purpose of this act is to support current public and private efforts
directed at the early identification of and intervention into the problems associated with fetal alcohol exposure through the creation of a fetal alcohol
exposure clinical network." [1995 c 54 § 1.]
70.96A.510
70.96A.510 Interagency agreement on fetal alcohol
exposure programs. The department of social and health
services, the department of health, the department of corrections, and the office of the superintendent of public instruction shall execute an interagency agreement to ensure the
coordination of identification, prevention, and intervention
[Title 70 RCW—page 274]
programs for children who have fetal alcohol exposure, and
for women who are at high risk of having children with fetal
alcohol exposure.
The interagency agreement shall provide a process for
community advocacy groups to participate in the review and
development of identification, prevention, and intervention
programs administered or contracted for by the agencies executing this agreement. [1995 c 54 § 3.]
Findings—Purpose— 1995 c 54: See note followi ng RCW
70.96A.500.
70.96A.520 Chemical dependency treatment expenditures—Prioritization. The department shall prioritize
expenditures for treatment provided under RCW 13.40.165.
The department shall provide funds for inpatient and outpatient treatment providers that are the most successful, using
the standards developed by the University of Washington
under section 27, chapter 338, Laws of 1997. The department may consider variations between the nature of the programs provided and clients served but must provide funds
first for those programs that demonstrate the greatest success
in treatment within categories of treatment and the nature of
the persons receiving treatment. [2003 c 207 § 7; 1997 c 338
§ 28.]
70.96A.520
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
70.96A.905 Uniform application of chapter—Training for county-designated mental health professionals.
The department shall ensure that the provisions of this chapter are applied by the counties in a consistent and uniform
manner. The department shall also ensure that, to the extent
possible within available funds, the county-designated chemical dependency specialists are specifically trained in adolescent chemical dependency issues, the chemical dependency
commitment laws, and the criteria for commitment. [1992 c
205 § 306.]
70.96A.905
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
70.96A.910 Application—Construction—1972 ex.s. c
122. This act shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect
to the subject of this act among those states which enact it.
[1972 ex.s. c 122 § 22.]
70.96A.910
70.96A.915 Department allocation of funds—Construction. The department is authorized to allocate appropriated funds in the manner that it determines best meets the
purposes of this chapter. Nothing in this chapter shall be construed to entitle any individual to services authorized in this
chapter, or to require the department or its contractors to reallocate funds in order to ensure that services are available to
any eligible person upon demand. [1989 c 271 § 309.]
70.96A.915
Severability—1989 c 271: See note following RCW 9.94A.510.
70.96A.920 Severability—1972 ex.s. c 122. If any provision of this act or the application thereof to any person or
circumstance is held invalid, the invalidity does not affect
70.96A.920
(2004 Ed.)
Nuclear Energy and Radiation
other provisions or applications of the act which can be given
effect without the invalid provision or application, and to this
end the provisions of this act are severable. [1972 ex.s. c 122
§ 20.]
70.96A.930
70.96A.930 Section, subsection headings not part of
law. Section or subsection headings as used in this chapter
do not constitute any part of the law. [1972 ex.s. c 122 § 27.]
Chapter 70.98
Chapter 70.98 RCW
NUCLEAR ENERGY AND RADIATION
Sections
70.98.010
70.98.020
70.98.030
70.98.050
70.98.080
70.98.085
70.98.090
70.98.095
70.98.098
70.98.100
70.98.110
70.98.120
70.98.122
70.98.125
70.98.130
70.98.140
70.98.150
70.98.160
70.98.170
70.98.180
70.98.190
70.98.200
70.98.900
70.98.910
70.98.920
Declaration of policy.
Purpose.
Definitions.
State radiation control agency.
Rules and regulations—Licensing requirements and procedure—Notice of license application—Objections—Notice
upon granting of license—Registration of sources of ionizing radiation—Exemptions from registration or licensing.
Suspension and reinstatement of site use permits—Surveillance fee.
Inspection.
Financial assurance—Noncompliance.
Financial assurance—Generally.
Records.
Federal-state agreements—Authorized—Effect as to federal
licenses.
Inspection agreements and training programs.
Department of ecology to seek federal funding for environmental radiation monitoring.
Federal assistance to be sought for high-level radioactive
waste program.
Administrative procedure.
Injunction proceedings.
Prohibited uses.
Impounding of materials.
Prohibition—Fluoroscopic x-ray shoefitting devices.
Exemptions.
Professional uses.
Penalties.
Severability—1961 c 207.
Effective date—1961 c 207.
Section headings not part of law.
Reviser's note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
Nuclear, thermal power facilities, joint city, public utility district, electrical
companies development: Chapter 54.44 RCW.
Radioactive and hazardous waste emergency response programs, state coordinator: RCW 38.52.030.
Radioactive waste act: Chapter 43.200 RCW.
70.98.010
70.98.010 Declaration of policy. It is the policy of the
state of Washington in furtherance of its responsibility to protect the public health and safety and to encourage, insofar as
consistent with this responsibility, the industrial and economic growth of the state and to institute and maintain a regulatory and inspection program for sources and uses of ionizing radiation so as to provide for (1) compatibility with the
standards and regulatory programs of the federal government, (2) a single, effective system of regulation within the
state, and (3) a system consonant insofar as possible with
those of other states. [1975-'76 2nd ex.s. c 108 § 12; 1961 c
207 § 1.]
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
(2004 Ed.)
70.98.030
70.98.020
70.98.020 Purpose. It is the purpose of this chapter to
effectuate the policies set forth in RCW 70.98.010 as now or
hereafter amended by providing for:
(1) A program of effective regulation of sources of ionizing radiation for the protection of the occupational and public health and safety;
(2) A program to promote an orderly regulatory pattern
within the state, among the states and between the federal
government and the state and facilitate intergovernmental
cooperation with respect to use and regulation of sources of
ionizing radiation to the end that duplication of regulation
may be minimized;
(3) A program to establish procedures for assumption
and performance of certain regulatory responsibilities with
respect to byproduct, source, and special nuclear materials.
[1975-'76 2nd ex.s. c 108 § 13; 1965 c 88 § 1; 1961 c 207 §
2.]
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
70.98.030
70.98.030 Definitions. (1) "Byproduct material" means
any radioactive material (except special nuclear material)
yielded in or made radioactive by exposure to the radiation
incident to the process of producing or utilizing special
nuclear material.
(2) "Ionizing radiation" means gamma rays and x-rays,
alpha and beta particles, high-speed electrons, neutrons, protons, and other atomic or subatomic particles; but not sound
or radio waves, or visible, infrared, or ultraviolet light.
(3)(a) "General license" means a license effective pursuant to rules promulgated by the state radiation control agency,
without the filing of an application, to transfer, acquire, own,
possess, or use quantities of, or devices or equipment utilizing, byproduct, source, special nuclear materials, or other
radioactive material occurring naturally or produced artificially.
(b) "Specific license" means a license, issued after application to use, manufacture, produce, transfer, receive,
acquire, own, or possess quantities of, or devices or equipment utilizing byproduct, source, special nuclear materials,
or other radioactive materials occurring naturally or produced
artificially.
(4) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any
other state or political subdivision or agency thereof, and any
legal successor, representative, agent, or agency of the foregoing, other than the United States Atomic Energy Commission, or any successor thereto, and other than federal government agencies licensed by the United States Atomic Energy
Commission, or any successor thereto.
(5) "Source material" means (a) uranium, thorium, or
any other material which is determined by the United States
Nuclear Regulatory Commission or its successor pursuant to
the provisions of section 61 of the United States Atomic
Energy Act of 1954, as amended (42 U.S.C. Sec. 209) to be
source material; or (b) ores containing one or more of the
foregoing materials, in such concentration as the commission
may by regulation determine from time to time.
(6) "Special nuclear material" means (a) plutonium, uranium enriched in the isotope 233 or in the isotope 235, and
[Title 70 RCW—page 275]
70.98.050
Title 70 RCW: Public Health and Safety
any other material which the United States Nuclear Regulatory Commission or its successor, pursuant to the provisions
of section 51 of the United States Atomic Energy Act of
1954, as amended (42 U.S.C. Sec. 2071), determines to be
special nuclear material, but does not include source material;
or (b) any material artificially enriched by any of the foregoing, but does not include source material.
(7) "Registration" means registration with the state
department of health by any person possessing a source of
ionizing radiation in accordance with rules adopted by the
department of health.
(8) "Radiation source" means any type of device or substance which is capable of producing or emitting ionizing
radiation. [1991 c 3 § 355; 1983 1st ex.s. c 19 § 9; 1979 c 141
§ 125; 1965 c 88 § 2; 1961 c 207 § 3.]
Construction—Conflict with federal requirements—Severability—
1983 1st ex.s. c 19: See RCW 43.200.900 through 43.200.902.
70.98.050
70.98.050 State radiation control agency. (1) The
department of health is designated as the state radiation control agency, hereinafter referred to as the agency, and shall be
the state agency having sole responsibility for administration
of the regulatory, licensing, and radiation control provisions
of this chapter.
(2) The secretary of health shall be director of the
agency, hereinafter referred to as the secretary, who shall perform the functions vested in the agency pursuant to the provisions of this chapter.
(3) The agency shall appoint a state radiological control
officer, and in accordance with the laws of the state, fix his
compensation and prescribe his powers and duties.
(4) The agency shall for the protection of the occupational and public health and safety:
(a) Develop programs for evaluation of hazards associated with use of ionizing radiation;
(b) Develop a statewide radiological baseline beginning
with the establishment of a baseline for the Hanford reservation;
(c) Implement an independent statewide program to
monitor ionizing radiation emissions from radiation sources
within the state;
(d) Develop programs with due regard for compatibility
with federal programs for regulation of byproduct, source,
and special nuclear materials;
(e) Conduct environmental radiation monitoring programs which will determine the presence and significance of
radiation in the environment and which will verify the adequacy and accuracy of environmental radiation monitoring
programs conducted by the federal government at its installations in Washington and by radioactive materials licensees at
their installations;
(f) Formulate, adopt, promulgate, and repeal codes, rules
and regulations relating to control of sources of ionizing radiation;
(g) Advise, consult, and cooperate with other agencies of
the state, the federal government, other states and interstate
agencies, political subdivisions, and with groups concerned
with control of sources of ionizing radiation;
(h) Have the authority to accept and administer loans,
grants, or other funds or gifts, conditional or otherwise, in
[Title 70 RCW—page 276]
furtherance of its functions, from the federal government and
from other sources, public or private;
(i) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to
control of sources of ionizing radiation, including the collection of statistical data and epidemiological research, where
available, on diseases that result from exposure to sources of
ionizing radiation;
(j) Collect and disseminate information relating to control of sources of ionizing radiation; including:
(i) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;
(ii) Maintenance of a file of registrants possessing
sources of ionizing radiation requiring registration under the
provisions of this chapter and any administrative or judicial
action pertaining thereto; and
(iii) Maintenance of a file of all rules and regulations
relating to regulation of sources of ionizing radiation, pending or promulgated, and proceedings thereon;
(k) Collect and disseminate information relating to nonionizing radiation, including:
(i) Maintaining a state clearinghouse of information pertaining to sources and effects of nonionizing radiation with
an emphasis on electric and magnetic fields;
(ii) Maintaining current information on the status and
results of studies pertaining to health effects resulting from
exposure to nonionizing radiation with an emphasis on studies pertaining to electric and magnetic fields;
(iii) Serving as the lead state agency on matters pertaining to electric and magnetic fields and periodically informing
state agencies of relevant information pertaining to nonionizing radiation;
(l) In connection with any adjudicative proceeding as
defined by RCW 34.05.010 or any other administrative proceedings as provided for in this chapter, have the power to
issue subpoenas in order to compel the attendance of necessary witnesses and/or the production of records or documents.
(5) In order to avoid duplication of efforts, the agency
may acquire the data requested under this section from public
and private entities that possess this information. [1990 c 173
§ 2; 1989 c 175 § 132; 1985 c 383 § 1; 1985 c 372 § 1; 1971
ex.s. c 189 § 10; 1970 ex.s. c 18 § 16; 1965 c 88 § 3; 1961 c
207 § 5.]
Finding—1990 c 173: "The legislature finds that concern has been
raised over possible health effects resulting from exposure to nonionizing
radiation, and specifically exposure to electric and magnetic fields. The legislature further finds that there is no clear responsibility in state government
for following this issue and that this responsibility is best suited for the
department of health." [1990 c 173 § 1.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1985 c 372: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 372 § 5.]
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
70.98.080
70.98.080 Rules and regulations—Licensing requirements and procedure—Notice of license application—
Objections—Notice upon granting of license—Registra(2004 Ed.)
Nuclear Energy and Radiation
tion of sources of ionizing radiation—Exemptions from
registration or licensing. (1) The agency shall provide by
rule or regulation for general or specific licensing of byproduct, source, special nuclear materials, or devices or equipment utilizing such materials, or other radioactive material
occurring naturally or produced artificially. Such rule or regulation shall provide for amendment, suspension, or revocation of licenses. Such rule or regulation shall provide that:
(a) Each application for a specific license shall be in
writing and shall state such information as the agency, by rule
or regulation, may determine to be necessary to decide the
technical, insurance, and financial qualifications, or any other
qualification of the applicant as the agency may deem reasonable and necessary to protect the occupational and public
health and safety. The agency may at any time after the filing
of the application, and before the expiration of the license,
require further written statements and shall make such
inspections as the agency deems necessary in order to determine whether the license should be granted or denied or
whether the license should be modified, suspended, or
revoked. In no event shall the agency grant a specific license
to any applicant who has never possessed a specific license
issued by a recognized state or federal authority until the
agency has conducted an inspection which insures that the
applicant can meet the rules, regulations and standards
adopted pursuant to this chapter. All applications and statements shall be signed by the applicant or licensee. The
agency may require any applications or statements to be
made under oath or affirmation;
(b) Each license shall be in such form and contain such
terms and conditions as the agency may by rule or regulation
prescribe;
(c) No license issued under the authority of this chapter
and no right to possess or utilize sources of ionizing radiation
granted by any license shall be assigned or in any manner disposed of; and
(d) The terms and conditions of all licenses shall be subject to amendment, revision, or modification by rules, regulations or orders issued in accordance with the provisions of
this chapter.
(2) Before the agency issues a license to an applicant
under this section, it shall give notice of such application to
the chief executive officer of the incorporated city or town, if
the application is for a license within an incorporated city or
town, or to the county legislative authority, if the application
is for a license outside the boundaries of incorporated cities
or towns. The incorporated city or town, through the official
or employee selected by it, or the county legislative authority
or the official or employee selected by it, shall have the right
to file with the agency within twenty days after date of transmittal of such notice, written objections against the applicant
or against the activity for which the license is sought, and
shall include with such objections a statement of all facts
upon which such objections are based, and in case written
objections are filed, may request and the agency may in its
discretion hold a formal hearing under chapter 34.05 RCW.
Upon the granting of a license under this section the agency
shall send a duplicate of the license or written notification to
the chief executive officer of the incorporated city or town in
which the license is granted, or to the county legislative
(2004 Ed.)
70.98.090
authority if the license is granted outside the boundaries of
incorporated cities or towns.
This subsection shall not apply to activities conducted
within the boundaries of the Hanford reservation.
(3) The agency may require registration of all sources of
ionizing radiation.
(4) The agency may exempt certain sources of ionizing
radiation or kinds of uses or users from the registration or
licensing requirements set forth in this section when the
agency makes a finding after approval of the technical advisory board that the exemption of such sources of ionizing
radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public.
(5) In promulgating rules and regulations pursuant to this
chapter the agency shall, insofar as practical, strive to avoid
requiring dual licensing, and shall provide for such recognition of other state or federal licenses as the agency shall deem
desirable, subject to such registration requirements as the
agency may prescribe. [1984 c 96 § 1; 1965 c 88 § 5; 1961 c
207 § 8.]
70.98.085
70.98.085 Suspension and reinstatement of site use
permits—Surveillance fee. (1) The agency is empowered to
suspend and reinstate site use permits consistent with current
regulatory practices and in coordination with the department
of ecology, for generators, packagers, or brokers using the
Hanford low-level radioactive waste disposal facility.
(2) The agency shall collect a surveillance fee as an
added charge on each cubic foot of low level radioactive
waste disposed of at the disposal site in this state which shall
be set at a level that is sufficient to fund completely the radiation control activities of the agency directly related to the
disposal site, including but not limited to the management,
licensing, monitoring, and regulation of the site. The surveillance fee shall not exceed five percent in 1990, six percent in
1991, and seven percent in 1992 of the basic minimum fee
charged by an operator of a low-level radioactive waste disposal site in this state. The basic minimum fee consists of the
disposal fee for the site operator, the fee for the perpetual care
and maintenance fund administered by the state, the fee for
the state closure fund, and the tax collected pursuant to chapter 82.04 RCW. Site use permit fees and surcharges collected
under chapter 43.200 RCW are not part of the basic minimum
fee. The fee shall also provide funds to the Washington state
patrol for costs incurred from inspection of low-level radioactive waste shipments entering this state. Disbursements for
this purpose shall be by authorization of the secretary of the
department of health or the secretary's designee.
The agency may adopt such rules as are necessary to
carry out its responsibilities under this section. [1990 c 21 §
7; 1989 c 106 § 1; 1986 c 2 § 2; 1985 c 383 § 3.]
Issuance of site use permits: RCW 43.200.080.
70.98.090
70.98.090 Inspection. The agency or its duly authorized representative shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with
or violation of the provisions of this chapter and rules and
regulations issued thereunder. [1985 c 372 § 2; 1961 c 207 §
9.]
[Title 70 RCW—page 277]
70.98.095
Title 70 RCW: Public Health and Safety
Severability—1985 c 372: See note following RCW 70.98.050.
70.98.095
70.98.095 Financial assurance—Noncompliance. (1)
The radiation control agency may require any person who
applies for, or holds, a license under this chapter to demonstrate that the person has financial assurance sufficient to
assure that liability incurred as a result of licensed operations
and activities can be fully satisfied. Financial assurance may
be in the form of insurance, cash deposits, surety bonds, corporate guarantees, letters of credit, or other financial instruments or guarantees determined by the agency to be acceptable financial assurance. The agency may require financial
assurance in an amount determined by the secretary pursuant
to RCW 70.98.098.
(2) The radiation control agency shall refuse to issue a
license or permit or suspend the license or permit of any person required by this section to demonstrate financial assurance who fails to demonstrate compliance with this section.
The license or permit shall not be issued or reinstated until
the person demonstrates compliance with this section.
(3) The radiation control agency shall require (a) that any
person required to demonstrate financial assurance, maintain
with the agency current copies of any insurance policies, certificates of insurance, letters of credit, surety bonds, or any
other documents used to comply with this section, (b) that the
agency be notified of any changes in the financial assurance
or financial condition of the person, and (c) that the state be
named as an insured party on any insurance policy used to
comply with this section. [1992 c 61 § 3; 1990 c 82 § 4; 1986
c 191 § 3.]
Construction—Severability—1986 c 191: See RCW 43.200.905 and
43.200.906.
70.98.100
70.98.100 Records. (1) The agency shall require each
person who possesses or uses a source of ionizing radiation to
maintain necessary records relating to its receipt, use, storage, transfer, or disposal and such other records as the agency
may require which will permit the determination of the extent
of occupational and public exposure from the radiation
source. Copies of these records shall be submitted to the
agency on request. These requirements are subject to such
exemptions as may be provided by rules.
(2) The agency may by rule and regulation establish
standards requiring that personnel monitoring be provided for
any employee potentially exposed to ionizing radiation and
may provide for the reporting to any employee of his radiation exposure record. [1961 c 207 § 10.]
70.98.110
70.98.110 Federal-state agreements—Authorized—
Effect as to federal licenses. (1) The governor, on behalf of
this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of
the federal government's responsibilities with respect to
sources of ionizing radiation and the assumption thereof by
this state pursuant to this chapter.
(2) Any person who, on the effective date of an agreement under subsection (1) above, possesses a license issued
by the federal government shall be deemed to possess the
same pursuant to a license issued under this chapter which
shall expire either ninety days after the receipt from the state
radiation control agency of a notice of expiration of such
license or on the date of expiration specified in the federal
license, whichever is earlier. [1965 c 88 § 6; 1961 c 207 §
11.]
70.98.120
70.98.098
70.98.098 Financial assurance—Generally. (1) In
making the determination of the appropriate level of financial
assurance, the secretary shall consider: (a) The report prepared by the department of ecology pursuant to RCW
43.200.200; (b) the potential cost of decontamination, treatment, disposal, decommissioning, and cleanup of facilities or
equipment; (c) federal cleanup and decommissioning
requirements; and (d) the legal defense cost, if any, that might
be paid from the required financial assurance.
(2) The secretary may establish different levels of
required financial assurance for various classes of permit or
license holders.
(3) The secretary shall establish by rule the instruments
or mechanisms by which a person may demonstrate financial
assurance as required by RCW 70.98.095.
(4) To the extent that money in the site closure account
together with the amount of money identified for repayment
to the site closure account pursuant to RCW 43.200.080
equals or exceeds the cost estimate approved by the department of health for closure and decommissioning of the Hanford low-level radioactive waste disposal facility, the money
in the site closure account together with the amount of money
identified for repayment to the site closure account shall constitute adequate financial assurance for purposes of the
department of health financial assurance requirements under
RCW 70.98.095. [2003 1st sp.s. c 21 § 2; 1992 c 61 § 4; 1990
c 82 § 3.]
[Title 70 RCW—page 278]
70.98.120 Inspection agreements and training programs. (1) The agency is authorized to enter into an agreement or agreements with the federal government, other states,
or interstate agencies, whereby this state will perform on a
cooperative basis with the federal government, other states,
or interstate agencies, inspections or other functions relating
to control of sources of ionizing radiation.
(2) The agency may institute training programs for the
purpose of qualifying personnel to carry out the provisions of
this chapter and may make said personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the
purposes of this chapter. [1961 c 207 § 12.]
70.98.122
70.98.122 Department of ecology to seek federal
funding for environmental radiation monitoring. The
department of ecology shall seek federal funding, such as is
available under the clean air act (42 U.S.C. Sec. 1857 et seq.)
and the nuclear waste policy act (42 U.S.C. Sec. 10101 et
seq.) to carry out the purposes of *RCW 70.98.050(4)(c).
[1985 c 372 § 3.]
*Reviser's note: The subparagraph "(c)" in this reference has been
redesignated "(c)[(e)]" in the published version of RCW 70.98.050.
Severability—1985 c 372: See note following RCW 70.98.050.
70.98.125
70.98.125 Federal assistance to be sought for highlevel radioactive waste program. (1) The agency shall seek
federal financial assistance as authorized by the nuclear
(2004 Ed.)
Nuclear Energy and Radiation
waste policy act of 1982, P.L. 97-425 section 116(c), for
activities related to the high-level radioactive waste program
in the state of Washington. The activities for which federal
funding is sought shall include, but are not limited to, the
development of a radiological baseline for the Hanford reservation; the implementation of a program to monitor ionizing
radiation emissions on the Hanford reservation; the collection
of statistical data and epidemiological research, where available, on diseases that result from exposure to sources of ionizing radiation on the Hanford reservation.
(2) In the event the federal government refuses to grant
financial assistance for the activities under subsection (1) of
this section, the agency is directed to investigate potential
legal action. [1985 c 383 § 2.]
70.98.130
70.98.130 Administrative procedure. In any proceeding under this chapter for the issuance or modification or
repeal of rules relating to control of sources of ionizing radiation, the agency shall comply with the requirements of chapter 34.05 RCW, the Administrative Procedure Act.
Notwithstanding any other provision of this chapter,
whenever the agency finds that an emergency exists requiring
immediate action to protect the public health, safety, or general welfare, the agency may, in accordance with RCW
34.05.350 without notice or hearing, adopt a rule reciting the
existence of such emergency and require that such action be
taken as is necessary to meet the emergency. As specified in
RCW 34.05.350, such rules are effective immediately. [1989
c 175 § 133; 1961 c 207 § 13.]
Effective date—1989 c 175: See note following RCW 34.05.010.
70.98.140
70.98.140 Injunction proceedings. Notwithstanding
the existence or use of any other remedy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any
provision of this chapter, or any rule, regulation, or order
issued thereunder, the attorney general upon the request of
the agency, after notice to such person and opportunity to
comply, may make application to the appropriate court for an
order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the agency that such
person has engaged in, or is about to engage in, any such acts
or practices, a permanent or temporary injunction, restraining
order, or other order may be granted. [1961 c 207 § 14.]
70.98.150
70.98.150 Prohibited uses. It shall be unlawful for any
person to use, manufacture, produce, transport, transfer,
receive, acquire, own, or possess any source of ionizing radiation unless licensed by or registered with, or exempted by
the agency in accordance with the provisions of this chapter.
[1965 c 88 § 7; 1961 c 207 § 15.]
70.98.160
70.98.160 Impounding of materials. The agency shall
have the authority in the event of an emergency to impound
or order the impounding of sources of ionizing radiation in
the possession of any person who is not equipped to observe
or fails to observe the provisions of this chapter or any rules
or regulations issued thereunder. [1961 c 207 § 16.]
(2004 Ed.)
70.98.920
70.98.170
70.98.170 Prohibition—Fluoroscopic x-ray shoefitting devices. The operation or maintenance of any x-ray, fluoroscopic, or other equipment or apparatus employing roentgen rays, in the fitting of shoes or other footwear or in the
viewing of bones in the feet is prohibited. This prohibition
does not apply to any licensed physician, surgeon, *podiatrist, or any person practicing a licensed healing art, or any
technician working under the direct and immediate supervision of such persons. [1973 c 77 § 27; 1961 c 207 § 17.]
*Reviser's note: The term "podiatrist" was changed to "podiatric physician and surgeon" by 1990 c 147.
70.98.180
70.98.180 Exemptions. This chapter shall not apply to
the following sources or conditions:
(1) Radiation machines during process of manufacture,
or in storage or transit: PROVIDED, That this exclusion
shall not apply to functional testing of such machines.
(2) Any radioactive material while being transported in
conformity with regulations adopted by any federal agency
having jurisdiction therein, and specifically applicable to the
transportation of such radioactive materials.
(3) No exemptions under this section are granted for
those quantities or types of activities which do not comply
with the established rules and regulations promulgated by the
Atomic Energy Commission, or any successor thereto. [1965
c 88 § 8; 1961 c 207 § 18.]
70.98.190
70.98.190 Professional uses. Nothing in this chapter
shall be construed to limit the kind or amount of radiation that
may be intentionally applied to a person for diagnostic or
therapeutic purposes by or under the immediate direction of a
licensed practitioner of the healing arts acting within the
scope of his professional license. [1961 c 207 § 19.]
70.98.200
70.98.200 Penalties. Any person who violates any of
the provisions of this chapter or rules, regulations, or orders
in effect pursuant thereto shall be guilty of a gross misdemeanor. [1961 c 207 § 20.]
70.98.900
70.98.900 Severability—1961 c 207. If any part, or
parts, of this act shall be held unconstitutional, the remaining
provisions shall be given full force and effect, as completely
as if the part held unconstitutional had not been included
herein, if any such remaining part or parts can then be administered for the declared purposes of this act. [1961 c 207 §
21.]
70.98.910
70.98.910 Effective date—1961 c 207. The provisions
of this act relating to the control of byproduct, source and
special nuclear materials shall become effective on the effective date of the agreement between the federal government
and this state as authorized in RCW 70.98.110. All other provisions of this act shall become effective on the 30th day of
June, 1961. [1961 c 207 § 23.]
70.98.920
70.98.920 Section headings not part of law. Section
headings as used in this chapter do not constitute any part of
the law. [1961 c 207 § 25.]
[Title 70 RCW—page 279]
Chapter 70.99
Title 70 RCW: Public Health and Safety
Chapter 70.99 RCW
RADIOACTIVE WASTE STORAGE AND
TRANSPORTATION ACT OF 1980
Chapter 70.99
Sections
70.99.010
70.99.020
70.99.030
70.99.040
70.99.050
70.99.060
70.99.900
70.99.905
70.99.910
Finding.
Definitions.
Storage of radioactive waste from outside the state prohibited—Exceptions.
Transportation of radioactive waste from outside the state for
storage within the state prohibited—Exception.
Violations—Penalties—Injunctions—Jurisdiction and
venue—Fees and costs.
Interstate compact for regional storage.
Construction—1981 c 1.
Severability—1981 c 1.
Short title.
Nuclear energy and radiation: Chapter 70.98 RCW.
Radioactive and hazardous waste emergency response programs, state coordinator: RCW 38.52.030.
Uranium and thorium mill tailings—Licensing and perpetual care: Chapter
70.121 RCW.
70.99.010
70.99.010 Finding. The people of the state of Washington find that:
(1) Radioactive wastes are highly dangerous, in that
releases of radioactive materials and emissions to the environment are inimical to the health and welfare of the people
of the state of Washington, and contribute to the occurrences
of harmful diseases, including excessive cancer and leukemia. The dangers posed by the transportation and presence of
radioactive wastes are increased further by the long time periods that the wastes remain radioactive and highly dangerous;
(2) Transporting, handling, storing, or otherwise caring
for radioactive waste presents a hazard to the health, safety,
and welfare of the individual citizens of the state of Washington because of the ever-present risk that an accident or incident will occur while the wastes are being cared for;
(3) The likelihood that an accident will occur in this state
involving the release of radioactive wastes to the environment becomes greater as the volume of wastes transported,
handled, stored, or otherwise cared for in this state increases;
(4) The effects of unplanned releases of radioactive
wastes into the environment, especially into the air and water
of the state, are potentially both widespread and harmful to
the health, safety, and welfare of the citizens of this state.
The burdens and hazards posed by increasing the volume
of radioactive wastes transported, handled, stored, or otherwise cared for in this state by the importation of such wastes
from outside this state is not a hazard the state government
may reasonably ask its citizens to bear. The people of the
state of Washington believe that the principles of federalism
do not require the sacrifice of the health, safety, and welfare
of the people of one state for the convenience of other states
or nations. [1981 c 1 § 1 (Initiative Measure No. 383,
approved November 4, 1980).]
70.99.020
70.99.020 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Radioactive waste" means unwanted radioactive
material, including radioactive residues produced as a result
of electric power generation or other reactor operation.
(2) "Medical waste" means radioactive waste from all
therapy, diagnosis, or research in medical fields and radioac[Title 70 RCW—page 280]
tive waste which results from the production and manufacture of radioactive material used for therapy, diagnosis, or
research in medical fields, except that "medical waste" does
not include spent fuel or waste from the fuel of an isotope
production reactor.
(3) "Radioactive waste generated or otherwise produced
outside the geographic boundaries of the state of Washington" means radioactive waste which was located outside the
state of Washington at the time of removal from a reactor
vessel. [1981 c 1 § 2 (Initiative Measure No. 383, approved
November 4, 1980).]
70.99.030
70.99.030 Storage of radioactive waste from outside
the state prohibited—Exceptions. Notwithstanding any
law, order, or regulation to the contrary, after July 1, 1981, no
area within the geographic boundaries of the state of Washington may be used by any person or entity as a temporary,
interim, or permanent storage site for radioactive waste,
except medical waste, generated or otherwise produced outside the geographic boundaries of the state of Washington.
This section does not apply to radioactive waste stored within
the state of Washington prior to July 1, 1981. [1981 c 1 § 3
(Initiative Measure No. 383, approved November 4, 1980).]
70.99.040
70.99.040 Transportation of radioactive waste from
outside the state for storage within the state prohibited—
Exception. Notwithstanding any law, order, or regulation to
the contrary, after July 1, 1981, no person or entity may transport radioactive waste, except medical waste, generated or
otherwise produced outside the geographic boundaries of the
state of Washington to any site within the geographic boundaries of the state of Washington for temporary, interim, or
permanent storage. [1981 c 1 § 4 (Initiative Measure No.
383, approved November 4, 1980).]
70.99.050
70.99.050 Violations—Penalties—Injunctions—
Jurisdiction and venue—Fees and costs. (1) A violation of
or failure to comply with the provisions of RCW 70.99.030 or
70.99.040 is a gross misdemeanor.
(2) Any person or entity that violates or fails to comply
with the provisions of RCW 70.99.030 or 70.99.040 is subject to a civil penalty of one thousand dollars for each violation or failure to comply.
(3) Each day upon which a violation occurs constitutes a
separate violation for the purposes of subsections (1) and (2)
of this section.
(4) Any person or entity violating this chapter may be
enjoined from continuing the violation. The attorney general
or any person residing in the state of Washington may bring
an action to enjoin violations of this chapter, on his or her
own behalf and on the behalf of all persons similarly situated.
Such action may be maintained in the person's own name or
in the name of the state of Washington. No bond may be
required as a condition to obtaining any injunctive relief. The
superior courts have jurisdiction over actions brought under
this section, and venue shall lie in the county of the plaintiff's
residence, in the county in which the violation is alleged to
occur, or in Thurston county. In addition to other relief, the
court in its discretion may award attorney's and expert witness fees and costs of the suit to a party who demonstrates
(2004 Ed.)
Eye Protection—Public and Private Educational Institutions
that a violation of this chapter has occurred. [1981 c 1 § 5
(Initiative Measure No. 383, approved November 4, 1980).]
70.99.060
70.99.060 Interstate compact for regional storage.
Notwithstanding the other provisions of this chapter, the state
of Washington may enter into an interstate compact, which
will become effective upon ratification by a majority of both
houses of the United States Congress, to provide for the
regional storage of radioactive wastes. [1981 c 1 § 6 (Initiative Measure No. 383, approved November 4, 1980).]
Northwest Interstate Compact on Low-Level Radioactive Waste Management: Chapter 43.145 RCW.
70.99.900
70.99.900 Construction—1981 c 1. This chapter shall
be liberally construed to protect the health, safety, and welfare of the individual citizens of the state of Washington.
[1981 c 1 § 7 (Initiative Measure No. 383, approved November 4, 1980).]
70.99.905
70.99.905 Severability—1981 c 1. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 1 § 8 (Initiative Measure No. 383, approved November 4, 1980).]
70.99.910
70.99.910 Short title. This act may be known as the
Radioactive Waste Storage and Transportation Act of 1980.
[1981 c 1 § 9 (Initiative Measure No. 383, approved November 4, 1980).]
Chapter 70.100 RCW
EYE PROTECTION—PUBLIC AND PRIVATE
EDUCATIONAL INSTITUTIONS
Chapter 70.100
Sections
70.100.010
70.100.020
70.100.030
70.100.040
70.100.010
"Eye protection areas" defined.
Wearing of eye protection devices required—Furnishing of—
Costs.
Standard requirement for eye protection devices.
Superintendent of public instruction to circulate instruction
manual to public and private educational institutions.
70.100.010 "Eye protection areas" defined. As used
in this chapter:
"Eye protection areas" means areas within vocational or
industrial arts shops, science or other school laboratories, or
schools within state institutional facilities as designated by
the state superintendent of public instruction in which activities take place involving:
(1) Hot molten metals or other molten materials;
(2) Milling, sawing, turning, shaping, cutting, grinding,
or stamping of any solid materials;
(3) Heat treatment, tempering or kiln firing of any metal
or other materials;
(4) Gas or electric arc welding, or other forms of welding
processes;
(5) Corrosive, caustic, or explosive materials;
(6) Custodial or other service activity potentially hazardous to the eye: PROVIDED, That nothing in this chapter
shall supersede regulations heretofore or hereafter estab(2004 Ed.)
70.102.010
lished by the department of labor and industries respecting
such activity; or
(7) Any other activity or operation involving mechanical
or manual work in any area that is potentially hazardous to
the eye. [1969 ex.s. c 179 § 1.]
70.100.020
70.100.020 Wearing of eye protection devices
required—Furnishing of—Costs. Every person shall wear
eye protection devices when participating in, observing, or
performing any function in connection with any courses or
activities taking place in eye protection areas of any private
or public school, college, university, or other public or private educational institution in this state, as designated by the
superintendent of public instruction. The governing board or
authority of any public school shall furnish the eye protection
devices prescribed in RCW 70.100.030 without cost to all
teachers and students in grades K-12 engaged in activities
potentially dangerous to the human eye, and the governing
body of each institution of higher education and vocational
technical institute shall furnish such eye protection devices
free or at cost to all teachers and students similarly engaged
at the institutions of higher education and vocational technical institutes. Eye protection devices shall be furnished on a
loan basis to all visitors observing activities hazardous to the
eye. [1969 ex.s. c 179 § 2.]
70.100.030
70.100.030 Standard requirement for eye protection
devices. Eye protection devices, which shall include plano
safety spectacles, plastic face shields or goggles, shall comply with the U.S.A. Standard Practice for Occupational and
Educational Eye and Face Protection, Z87.1-1968 or later
revisions thereof. [1969 ex.s. c 179 § 3.]
70.100.040
70.100.040 Superintendent of public instruction to
circulate instruction manual to public and private educational institutions. The superintendent of public instruction,
after consulting with the department of labor and industries,
and the division of vocational education shall prepare and circulate to each public and private educational institution in
this state within six months of the date of passage of this
chapter, a manual containing instructions and recommendations for the guidance of such institutions in implementing
the eye safety provisions of this chapter. [1969 ex.s. c 179 §
4.]
Chapter 70.102 RCW
HAZARDOUS SUBSTANCE INFORMATION
Chapter 70.102
Sections
70.102.010
70.102.020
Definitions.
Hazardous substance information and education office—
Duties.
Radioactive and hazardous waste emergency response programs, state coordinator: RCW 38.52.030.
70.102.010
70.102.010 Definitions. Unless the context clearly indicates otherwise, the definitions in this section shall apply
throughout this chapter.
(1) "Agency" means any state agency or local government entity.
[Title 70 RCW—page 281]
70.102.020
Title 70 RCW: Public Health and Safety
(2) "Hazardous household substances" means those substances identified by the department as hazardous household
substances in the guidelines developed by the department.
(3) "Department" means the department of ecology.
(4) "Director" means the director of the department.
(5) "Hazardous substances" or "hazardous materials"
means those substances or materials identified as such under
regulations adopted pursuant to the federal hazardous materials transportation act, the toxic substances control act, the
resource recovery and conservation act, the comprehensive
environmental response compensation and liability act, the
federal insecticide, fungicide, and rodenticide act, the occupational safety and health act hazardous communications
standards, and the state hazardous waste act.
(6) "Moderate risk waste" means any waste that exhibits
any of the properties of dangerous waste but is exempt from
regulation under this chapter solely because the waste is generated in quantities below the threshold for regulation and
any household wastes that are generated from the disposal of
substances identified by the department as hazardous household substances. [1985 c 410 § 2.]
70.102.020 Hazardous substance information and
education office—Duties. There is hereby created the hazardous substance information and education office. Through
this office the department shall:
(1) Facilitate access to existing information on hazardous substances within a community;
(2) Request and obtain information about hazardous substances at specified locations and facilities from agencies that
regulate those locations and facilities. The department shall
review, approve, and provide confidentiality as provided by
statute. Upon request of the department, each agency shall
provide the information within forty-five days;
(3) At the request of citizens or public health or public
safety organizations, compile existing information about hazardous substance use at specified locations and facilities. This
information shall include but not be limited to:
(a) Point and nonpoint air and water emissions;
(b) Extremely hazardous, moderate risk wastes and dangerous wastes as defined in chapter 70.105 RCW produced,
used, stored, transported from, or disposed of by any facility;
(c) A list of the hazardous substances present at a given
site and data on their acute and chronic health and environmental effects;
(d) Data on governmental pesticide use at a given site;
(e) Data on commercial pesticide use at a given site if
such data is only given to individuals who are chemically
sensitive; and
(f) Compliance history of any facility.
(4) Provide education to the public on the proper production, use, storage, and disposal of hazardous substances,
including but not limited to:
(a) A technical resource center on hazardous substance
management for industry and the public;
(b) Programs, in cooperation with local government, to
educate generators of moderate risk waste, and provide information regarding the potential hazards to human health and
the environment resulting from improper use and disposal of
the waste and proper methods of handling, reducing, recycling, and disposing of the waste;
70.102.020
[Title 70 RCW—page 282]
(c) Public information and education relating to the safe
handling and disposal of hazardous household substances;
and
(d) Guidelines to aid counties in developing and implementing a hazardous household substances program.
Requests for information from the hazardous substance
information and education office may be made by letter or by
a toll-free telephone line, if one is established by the department. Requests shall be responded to in accordance with
chapter 42.17 RCW.
This section shall not require any agency to compile
information that is not required by existing laws or regulations. [1985 c 410 § 1.]
Worker and community right to know fund, use to provide hazardous substance information under chapter 70.102 RCW: RCW 49.70.175.
Chapter 70.103
Chapter 70.103 RCW
LEAD-BASED PAINT
Sections
70.103.010
70.103.020
70.103.030
70.103.040
70.103.050
70.103.060
70.103.070
70.103.080
70.103.090
Finding.
Definitions.
Certification and training—Local governments—Rules.
Certification and accreditation—Rules.
Rules—Report.
Lead paint account.
Inspections.
Certification required to perform lead-based paint activities—
Certificate revocation—Penalties.
Chapter contingent on federal action.
70.103.010 Finding. (Contingent expiration date.) (1)
The legislature finds that lead hazards associated with leadbased paint represent a significant and preventable environmental health problem. Lead-based paint is the most widespread of the various sources of lead exposure to the public.
Census data show that one million five hundred sixty thousand homes in Washington state were built prior to 1978
when the sale of residential lead-based paint was banned.
These are homes that are believed to contain some lead-based
paint.
Lead negatively affects every system of the body. It is
harmful to individuals of all ages and is especially harmful to
children, fetuses, and adults of childbearing age. The effects
of lead on a child's cognitive, behavioral, and developmental
abilities may necessitate large expenditures of public funds
for health care and special education. The irreversible damage to children and subsequent expenditures could be
avoided if exposure to lead is reduced.
(2) The federal government regulates lead poisoning and
lead hazard reduction through:
(a)(i) The lead-based paint poisoning prevention act;
(ii) The lead contamination control act;
(iii) The safe drinking water act;
(iv) The resource conservation and recovery act of 1976;
and
(v) The residential lead-based paint hazard reduction act
of 1992; and
(b) Implementing regulations of:
(i) The environmental protection agency;
(ii) The department of housing and urban development;
(iii) The occupational safety and health administration;
and
70.103.010
(2004 Ed.)
Lead-Based Paint
(iv) The centers for disease control and prevention.
(3) In 1992, congress passed the federal residential leadbased paint hazard reduction act, which allows states to provide for the accreditation of lead-based paint activities programs, the certification of persons completing such training
programs, and the licensing of lead-based paint activities
contractors under standards developed by the United States
environmental protection agency.
(4) The legislature recognizes the state's need to protect
the public from exposure to lead hazards. A qualified and
properly trained work force is needed to assist in the prevention, detection, reduction, and elimination of hazards associated with lead-based paint. The purpose of training workers,
supervisors, inspectors, risk assessors, and project designers
engaged in lead-based paint activities is to protect building
occupants, particularly children ages six years and younger
from potential lead-based paint hazards and exposures both
during and after lead-based paint activities. Qualified and
properly trained individuals and firms will help to ensure
lead-based paint activities are conducted in a way that protects the health of the citizens of Washington state and safeguards the environment. The state lead-based paint activities
program requires that all lead-based paint activities be performed by certified personnel trained by an accredited program, and that all lead-based paint activities meet minimum
work practice standards established by the department of
community, trade, and economic development. Therefore,
the lead-based paint activities accreditation, training, and certification program shall be established in accordance with
this chapter. The lead-based paint activities accreditation,
training, and certification program shall be administered by
the department of community, trade, and economic development and shall be used as a means to assure the protection of
the general public from exposure to lead hazards.
(5) For the welfare of the people of the state of Washington, this chapter establishes a lead-based paint activities program within the department of community, trade, and economic development to protect the general public from exposure to lead hazards and to ensure the availability of a trained
and qualified work force to identify and address lead-based
paint hazards. The legislature recognizes the department of
community, trade, and economic development is not a regulatory agency and may delegate enforcement responsibilities
under chapter 322, Laws of 2003 to local governments or private entities. [2003 c 322 § 1.]
70.103.020
70.103.020 Definitions. (Contingent expiration date.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Abatement" means any measure or set of measures
designed to permanently eliminate lead-based paint hazards.
(a) Abatement includes, but is not limited to:
(i) The removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of
painted surfaces or fixtures, or the removal or permanent covering of soil, when lead-based paint hazards are present in
such paint, dust, or soil; and
(ii) All preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures.
(2004 Ed.)
70.103.020
(b) Specifically, abatement includes, but is not limited
to:
(i) Projects for which there is a written contract or other
documentation, which provides that an individual or firm will
be conducting activities in or to a residential dwelling or
child-occupied facility that:
(A) Shall result in the permanent elimination of leadbased paint hazards; or
(B) Are designed to permanently eliminate lead-based
paint hazards and are described in (a)(i) and (ii) of this subsection;
(ii) Projects resulting in the permanent elimination of
lead-based paint hazards, conducted by certified firms or
individuals, unless such projects are covered by (c) of this
subsection;
(iii) Projects resulting in the permanent elimination of
lead-based paint hazards, conducted by firms or individuals
who, through their company name or promotional literature,
represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified
and defined by this section, unless such projects are covered
by (c) of this subsection; or
(iv) Projects resulting in the permanent elimination of
lead-based paint hazards, that are conducted in response to
state or local abatement orders.
(c) Abatement does not include renovation, remodeling,
landscaping, or other activities, when such activities are not
designed to permanently eliminate lead-based paint hazards,
but, instead, are designed to repair, restore, or remodel a
given structure or dwelling, even though these activities may
incidentally result in a reduction or elimination of lead-based
paint hazards. Furthermore, abatement does not include
interim controls, operations and maintenance activities, or
other measures and activities designed to temporarily, but not
permanently, reduce lead-based paint hazards.
(2) "Accredited training program" means a training program that has been accredited by the department to provide
training for individuals engaged in lead-based paint activities.
(3) "Certified inspector" means an individual who has
been trained by an accredited training program, meets all the
qualifications established by the department, and is certified
by the department to conduct inspections.
(4) "Certified abatement worker" means an individual
who has been trained by an accredited training program,
meets all the qualifications established by the department,
and is certified by the department to perform abatements.
(5) "Certified firm" includes a company, partnership,
corporation, sole proprietorship, association, agency, or other
business entity that meets all the qualifications established by
the department and performs lead-based paint activities to
which the department has issued a certificate.
(6) "Certified project designer" means an individual who
has been trained by an accredited training program, meets all
the qualifications established by the department, and is certified by the department to prepare abatement project designs,
occupant protection plans, and abatement reports.
(7) "Certified risk assessor" means an individual who has
been trained by an accredited training program, meets all the
qualifications established by the department, and is certified
by the department to conduct risk assessments and sample for
[Title 70 RCW—page 283]
70.103.030
Title 70 RCW: Public Health and Safety
the presence of lead in dust and soil for the purposes of abatement clearance testing.
(8) "Certified supervisor" means an individual who has
been trained by an accredited training program, meets all the
qualifications established by the department, and is certified
by the department to supervise and conduct abatements, and
to prepare occupant protection plans and abatement reports.
(9) "Department" means the Washington state department of community, trade, and economic development.
(10) "Director" means the director of the Washington
state department of community, trade, and economic development.
(11) "Federal laws and rules" means:
(a) Title IV, toxic substances control act (15 U.S.C. Sec.
2681 et seq.) and the rules adopted by the United States environmental protection agency under that law for authorization
of state programs;
(b) Any regulations or requirements adopted by the
United States department of housing and urban development
regarding eligibility for grants to states and local governments; and
(c) Any other requirements adopted by a federal agency
with jurisdiction over lead-based paint hazards.
(12) "Lead-based paint" means paint or other surface
coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by
weight.
(13) "Lead-based paint activity" includes inspection,
testing, risk assessment, lead-based paint hazard reduction
project design or planning, or abatement of lead-based paint
hazards.
(14) "Lead-based paint hazard" means any condition that
causes exposure to lead from lead-contaminated dust, leadcontaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or
impact surfaces that would result in adverse human health
effects as identified by the administrator of the United States
environmental protection agency under the toxic substances
control act, section 403.
(15) "State program" means a state administered leadbased paint activities certification and training program that
meets the federal environmental protection agency requirements.
(16) "Person" includes an individual, corporation, firm,
partnership, or association, an Indian tribe, state, or political
subdivision of a state, and a state department or agency.
(17) "Risk assessment" means:
(a) An on-site investigation to determine the existence,
nature, severity, and location of lead-based paint hazards; and
(b) The provision of a report by the individual or the firm
conducting the risk assessment, explaining the results of the
investigation and options for reducing lead-based paint hazards. [2003 c 322 § 2.]
70.103.030 Certification and training—Local governments—Rules. (Contingent expiration date.) (1) The
department shall administer and enforce a state program for
worker training and certification, and training program
accreditation, which shall include those program elements
necessary to assume responsibility for federal requirements
for a program as set forth in Title IV of the toxic substances
70.103.030
[Title 70 RCW—page 284]
control act (15 U.S.C. Sec. 2601 et seq.), the residential leadbased paint hazard reduction act of 1992 (42 U.S.C. Sec.
4851 et seq.), 40 C.F.R. Part 745, Subparts L and Q (1996),
and Title X of the housing and community development act
of 1992 (P.L. 102-550). The department may delegate or
enter into a memorandum of understanding with local governments or private entities for implementation of components of the state program.
(2) The department is authorized to adopt rules that are
consistent with federal requirements to implement a state
program. Rules adopted under this section shall:
(a) Establish minimum accreditation requirements for
lead-based paint activities for training providers;
(b) Establish work practice standards for conduct of
lead-based paint activities;
(c) Establish certification requirements for individuals
and firms engaged in lead-based paint activities including
provisions for recognizing certifications accomplished under
existing certification programs;
(d) Require the use of certified personnel in all leadbased paint activities;
(e) Be revised as necessary to comply with federal law
and rules and to maintain eligibility for federal funding;
(f) Facilitate reciprocity and communication with other
states having a lead-based paint certification program;
(g) Provide for decertification, deaccreditation, and
financial assurance for a person certified by or a training provider accredited by the department; and
(h) Be issued in accordance with the administrative procedure act, chapter 34.05 RCW.
(3) The department may accept federal funds for the
administration of the program.
(4) This program shall equal, but not exceed, legislative
authority under federal requirements as set forth in Title IV of
the toxic substances control act (15 U.S.C. Sec. 2601 et seq.),
the residential lead-based paint hazard reduction act of 1992
(42 U.S.C. Sec. 4851 et seq.), and Title X of the housing and
community development act of 1992 (P.L. 102-550).
(5) Any rules adopted by the department shall be consistent with federal laws, regulations, and requirements relating
to lead-based paint activities specified by the residential leadbased paint hazard reduction act of 1992 (42 U.S.C. Sec.
4851 et seq.) and Title X of the housing and community
development act of 1992 (P.L. 102-550), and rules adopted
pursuant to chapter 70.105D RCW, to ensure consistency in
regulatory action. The rules may not be more restrictive than
corresponding federal and state regulations unless such stringency is specifically authorized by this chapter.
(6) The department shall collect a fee in the amount of
twenty-five dollars for certification and recertification of lead
paint firms, inspectors, project developers, risk assessors,
supervisors, and abatement workers.
(7) The department shall collect a fee in the amount of
two hundred dollars for the accreditation of lead paint training programs. [2003 c 322 § 3.]
70.103.040 Certification and accreditation—Rules.
(Contingent expiration date.) (1) The department shall
establish a program for certification of persons involved in
lead-based paint activities and for accreditation of training
providers in compliance with federal laws and rules.
70.103.040
(2004 Ed.)
Lead-Based Paint
(2) Rules adopted under this section shall:
(a) Establish minimum accreditation requirements for
lead-based paint activities for training providers;
(b) Establish work practice standards for conduct of
lead-based paint activities;
(c) Establish certification requirements for individuals
and firms engaged in lead-based paint activities including
provisions for recognizing certifications accomplished under
existing certification programs;
(d) Require the use of certified personnel in any leadbased paint hazard reduction activity;
(e) Be revised as necessary to comply with federal law
and rules and to maintain eligibility for federal funding;
(f) Facilitate reciprocity and communication with other
states having a lead-based paint certification program;
(g) Provide for decertification, deaccreditation, and
financial assurance for a person certified or accredited by the
department; and
(h) Be issued in accordance with the administrative procedure act, chapter 34.05 RCW.
(3) This program shall equal, but not exceed, legislative
authority under federal requirements as set forth in Title IV of
the toxic substances control act (15 U.S.C. Sec. 2601 et seq.),
the residential lead-based paint hazard reduction act of 1992
(42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745 (1996),
Subparts L and Q, and Title X of the housing and community
development act of 1992 (P.L. 102-550).
(4) Any rules adopted by the department shall be consistent with federal laws, regulations, and requirements relating
to lead-based paint activities specified by the residential leadbased paint hazard reduction act of 1992 (42 U.S.C. Sec.
4851 et seq.) and Title X of the housing and community
development act of 1992 (P.L. 102-550), and rules adopted
pursuant to chapter 70.105D RCW, to ensure consistency in
regulatory action. The rules may not be more restrictive than
corresponding federal and state regulations unless such stringency is specifically authorized by this chapter.
(5) The department may accept federal funds for the
administration of the program. [2003 c 322 § 4.]
70.103.050 Rules—Report. (Contingent expiration
date.) The department shall adopt rules to:
(1) Establish procedures and requirements for the
accreditation of lead-based paint activities training programs
including, but not limited to, the following:
(a) Training curriculum;
(b) Training hours;
(c) Hands-on training;
(d) Trainee competency and proficiency;
(e) Training program quality control;
(f) Procedures for the reaccreditation of training programs;
(g) Procedures for the oversight of training programs;
and
(h) Procedures for the suspension, revocation, or modification of training program accreditations, or acceptance of
training offered by an accredited training provider in another
state or Indian tribe authorized by the environmental protection agency;
(2) Establish procedures for the purposes of certification,
for the acceptance of training offered by an accredited train70.103.050
(2004 Ed.)
70.103.070
ing provider in a state or Indian tribe authorized by the environmental protection agency;
(3) Certify individuals involved in lead-based paint
activities to ensure that certified individuals are trained by an
accredited training program and possess appropriate educational or experience qualifications for certification;
(4) Establish procedures for recertification;
(5) Require the conduct of lead-based paint activities in
accordance with work practice standards;
(6) Establish procedures for the suspension, revocation,
or modification of certifications;
(7) Establish requirements for the administration of
third-party certification exams;
(8) Use laboratories accredited under the environmental
protection agency's national lead laboratory accreditation
program;
(9) Establish work practice standards for the conduct of
lead-based paint activities for:
(a) Inspection for presence of lead-based paint;
(b) Risk assessment; and
(c) Abatement;
(10) Establish an enforcement response policy that shall
include:
(a) Warning letters, notices of noncompliance, notices of
violation, or the equivalent;
(b) Administrative or civil actions, including penalty
authority, including accreditation or certification suspension,
revocation, or modification; and
(c) Authority to apply criminal sanctions or other criminal authority using existing state laws as applicable.
The department shall prepare and submit a biennial
report to the legislature regarding the program's status, its
costs, and the number of persons certified by the program.
[2003 c 322 § 5.]
70.103.060
70.103.060 Lead paint account. (Contingent expiration date.) The lead paint account is created in the state treasury. All receipts from RCW 70.103.030 shall be deposited
into the account. Moneys in the account may be spent only
after appropriation. Expenditures from the account may be
used only for the purposes of this chapter. [2003 c 322 § 6.]
70.103.070
70.103.070 Inspections. (Contingent expiration date.)
(1)(a) The director or the director's designee is authorized to
inspect at reasonable times and, when feasible, with at least
twenty-four hours prior notification:
(i) Premises or facilities where those engaged in training
for lead-based paint activities conduct business; and
(ii) The business records of, and take samples at, the
businesses accredited or certified under this chapter to conduct lead-based paint training or activities.
(b) Any accredited training program or any firm or individual certified under this chapter that denies access to the
department for the purposes of (a) of this subsection is subject to deaccreditation or decertification under RCW
70.103.040.
(2) The director or the director's designee is authorized to
inspect premises or facilities, with the consent of the owner
or owner's agent, where violations may occur concerning
lead-based paint activities, as defined under RCW
[Title 70 RCW—page 285]
70.103.080
Title 70 RCW: Public Health and Safety
70.103.020, at reasonable times and, when feasible, with at
least forty-eight hours prior notification of the inspection.
(3) Prior to receipt of federal lead-based paint abatement
funding, all premise or facility owners shall be notified by
any entity that receives and disburses the federal funds that an
inspection may be conducted. If a premise or facility owner
does not wish to have an inspection conducted, that owner is
not eligible to receive lead-based paint abatement funding.
[2003 c 322 § 7.]
70.103.080
70.103.080 Certification required to perform leadbased paint activities—Certificate revocation—Penalties.
(Contingent expiration date.) (1) The department is designated as the official agency of this state for purposes of cooperating with, and implementing the state lead-based paint
activities program under the jurisdiction of the United States
environmental protection agency.
(2) No individual or firm can perform, offer, or claim to
perform lead-based paint activities without certification from
the department to conduct these activities.
(3) The department may deny, suspend, or revoke a certificate for failure to comply with the requirements of this
chapter or any rule adopted under this chapter. No person
whose certificate is revoked under this chapter shall be eligible to apply for a certificate for one year from the effective
date of the final order of revocation. A certificate may be
denied, suspended, or revoked on any of the following
grounds:
(a) A risk assessor, inspector, contractor, project
designer, or worker violates work practice standards established by the United States environmental protection agency
or the United States department of housing and urban development governing work practices and procedures; or
(b) The certificate was obtained by error, misrepresentation, or fraud.
(4) Any person convicted of violating any of the provisions of this chapter is guilty of a misdemeanor. A conviction
is an unvacated forfeiture of bail or collateral deposited to
secure the defendant's appearance in court, the payment of a
fine, a plea of guilty, or a finding of guilt on a violation of this
chapter, regardless of whether imposition of sentence is
deferred or the penalty is suspended, and shall be treated as a
violation conviction for purposes of certification forfeiture
under this chapter. Violations of this chapter include:
(a) Failure to comply with any requirement of this chapter;
(b) Failure or refusal to establish, maintain, provide,
copy, or permit access to records or reports as required;
(c) Obtaining certification through fraud or misrepresentation;
(d) Failure to obtain certification from the department
and performing work requiring certification at a job site; or
(e) Fraudulently obtaining certification and engaging in
any lead-based paint activities requiring certification. [2003
c 322 § 8.]
70.103.090
70.103.090 Chapter contingent on federal action.
(Contingent expiration date.) (1) The department's duties
under chapter 322, Laws of 2003 are subject to authorization
of the state program from the federal government within two
[Title 70 RCW—page 286]
years of July 27, 2003. Chapter 322, Laws of 2003 expires if
the federal environmental protection agency does not authorize a state program within two years of July 27, 2003.
(2) The department's duties under chapter 322, Laws of
2003 are subject to the availability of sufficient funding from
the federal government for this purpose. The director or his
or her designee shall seek funding of the department's efforts
under this chapter from the federal government. By October
15th of each year, the director shall determine if sufficient
federal funding has been provided or guaranteed by the federal government. If the director determines sufficient funding has not been provided, the department shall cease efforts
under this chapter due to the lack of federal funding. [2003 c
322 § 9.]
Chapter 70.104
Chapter 70.104 RCW
PESTICIDES—HEALTH HAZARDS
Sections
70.104.010
70.104.020
70.104.030
70.104.040
70.104.050
70.104.055
70.104.057
70.104.060
70.104.070
70.104.080
70.104.090
70.104.100
Declaration.
"Pesticide" defined.
Powers and duties of department of health.
Pesticide emergencies—Authority of department of agriculture not infringed upon.
Investigation of human exposure to pesticides.
Pesticide poisonings—Reports.
Pesticide poisonings—Medical education program.
Technical assistance, consultations and services to physicians
and agencies authorized.
Pesticide incident reporting and tracking review panel—
Intent.
Pesticide panel—Generally.
Pesticide panel—Responsibilities.
Industrial insurance statutes not affected.
Reviser's note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
70.104.010
70.104.010 Declaration. The department of health has
responsibility to protect and enhance the public health and
welfare. As a consequence, it must be concerned with both
natural and artificial environmental factors which may
adversely affect the public health and welfare. Dangers to the
public health and welfare related to the use of pesticides
require specific legislative recognition of departmental
authority and responsibility in this area. [1991 c 3 § 356;
1971 ex.s. c 41 § 1.]
70.104.020
70.104.020 "Pesticide" defined. For the purposes of
this chapter pesticide means, but is not limited to:
(1) Any substance or mixture of substances intended to
prevent, destroy, control, repel, or mitigate any insect, rodent,
nematode, snail, slug, fungus, weed and any other form of
plant or animal life or virus, except virus on or in living man
or other animal, which is normally considered to be a pest or
which the director of agriculture may declare to be a pest; or
(2) Any substance or mixture of substances intended to
be used as a plant regulator, defoliant or desiccant; or
(3) Any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent,
deflocculating agent, water modifier, or similar agent with or
without toxic properties of its own intended to be used with
any other pesticide as an aid to the application or effect
(2004 Ed.)
Pesticides—Health Hazards
thereof, and sold in a package or container separate from that
of the pesticide with which it is to be used; or
(4) Any fungicide, rodenticide, herbicide, insecticide,
and nematocide. [1971 ex.s. c 41 § 2.]
70.104.030 Powers and duties of department of
health. (1) The department of health shall investigate all suspected human cases of pesticide poisoning and such cases of
suspected pesticide poisoning of animals that may relate to
human illness. The department shall establish time periods by
rule to determine investigation response time. Time periods
shall range from immediate to forty-eight hours to initiate an
investigation, depending on the severity of the case or suspected case of pesticide poisoning.
In order to adequately investigate such cases, the department shall have the power to:
(a) Take all necessary samples and human or animal tissue specimens for diagnostic purposes: PROVIDED, That
tissue, if taken from a living human, shall be taken from a living human only with the consent of a person legally qualified
to give such consent;
(b) Secure any and all such information as may be necessary to adequately determine the nature and causes of any
case of pesticide poisoning.
(2) The department shall, by rule adopted pursuant to the
Administrative Procedure Act, chapter 34.05 RCW, with due
notice and a hearing for the adoption of permanent rules,
establish procedures for the prevention of any recurrence of
poisoning and the department shall immediately notify the
department of agriculture, the department of labor and industries, and other appropriate agencies of the results of its
investigation for such action as the other departments or
agencies deem appropriate. The notification of such investigations and their results may include recommendations for
further action by the appropriate department or agency.
[1991 c 3 § 357; 1989 c 380 § 71; 1971 ex.s. c 41 § 3.]
70.104.030
70.104.055
result of intentional failure of any individual to obey its lawful orders shall be charged as a debt against such individual.
(3) In any case where the department of health has
assumed control of property pursuant to this chapter, such
property shall not be reoccupied or used until such time as
written notification of its release for use is received from the
secretary of the department or his or her designee. Such
action shall take into consideration the economic hardship, if
any, caused by having the department assume control of
property, and release shall be accomplished as expeditiously
as possible. Nothing in this chapter shall prevent a farmer
from continuing to process his or her crops and/or animals
provided that the processing does not endanger the public
health.
(4) The department shall recognize the pesticide industry's responsibility and active role in minimizing the effect of
pesticide emergencies and shall provide for maximum utilization of these services.
(5) Nothing in this chapter shall be construed in any way
to infringe upon or negate the authority and responsibility of
the department of agriculture in its application and enforcement of the Washington Pesticide Control Act, chapter 15.58
RCW and the Washington Pesticide Application Act, chapter
17.21 RCW. The department of health shall work closely
with the department of agriculture in the enforcement of this
chapter and shall keep it appropriately advised. [1991 c 3 §
358; 1983 c 3 § 178; 1971 ex.s. c 41 § 4.]
70.104.050
70.104.050 Investigation of human exposure to pesticides. The department of health shall investigate human
exposure to pesticides, and in order to carry out such investigations shall have authority to secure and analyze appropriate
specimens of human tissue and samples representing sources
of possible exposure. [1991 c 3 § 359; 1971 ex.s. c 41 § 5.]
70.104.055
Effective date—1989 c 380 §§ 69, 71-73: See note following RCW
70.104.090.
Severability—1989 c 380: See RCW 15.58.942.
70.104.040 Pesticide emergencies—Authority of
department of agriculture not infringed upon. (1) In any
case where an emergency relating to pesticides occurs that
represents a hazard to the public due to toxicity of the material, the quantities involved or the environment in which the
incident takes place, such emergencies including but not limited to fires, spillage, and accidental contamination, the person or agent of such person having actual or constructive control of the pesticides involved shall immediately notify the
department of health by telephone or the fastest available
method.
(2) Upon notification or discovery of any pesticide emergency the department of health shall:
(a) Make such orders and take such actions as are appropriate to assume control of the property and to dispose of hazardous substances, prevent further contamination, and restore
any property involved to a nonhazardous condition. In the
event of failure of any individual to obey and carry out orders
pursuant to this section, the department shall have all power
and authority to accomplish those things necessary to carry
out such order. Any expenses incurred by the department as a
70.104.040
(2004 Ed.)
70.104.055 Pesticide poisonings—Reports. (1) Any
attending physician or other health care provider recognized
as primarily responsible for the diagnosis and treatment of a
patient or, in the absence of a primary health care provider,
the health care provider initiating diagnostic testing or therapy for a patient shall report a case or suspected case of pesticide poisoning to the department of health in the manner
prescribed by, and within the reasonable time periods established by, rules of the state board of health. Time periods
established by the board shall range from immediate reporting to reporting within seven days depending on the severity
of the case or suspected case of pesticide poisoning. The
reporting requirements shall be patterned after other board
rules establishing requirements for reporting of diseases or
conditions. Confidentiality requirements shall be the same as
the confidentiality requirements established for other reportable diseases or conditions. The information to be reported
may include information from relevant pesticide application
records and shall include information required under board
rules. Reports shall be made on forms provided to health care
providers by the department of health. For purposes of any
oral reporting, the department of health shall make available
a toll-free telephone number.
(2) Within a reasonable time period as established by
board rules, the department of health shall investigate the
[Title 70 RCW—page 287]
70.104.057
Title 70 RCW: Public Health and Safety
report of a case or suspected case of pesticide poisoning to
document the incident. The department shall report the
results of the investigation to the health care provider submitting the original report.
(3) Cases or suspected cases of pesticide poisoning shall
be reported by the department of health to the pesticide
reporting and tracking review panel within the time periods
established by state board of health rules.
(4) Upon request of the primary health care provider,
pesticide applicators or employers shall provide a copy of
records of pesticide applications which may have affected the
health of the provider's patient. This information is to be used
only for the purposes of providing health care services to the
patient.
(5) Any failure of the primary health care provider to
make the reports required under this section may be cause for
the department of health to submit information about such
nonreporting to the applicable disciplining authority for the
provider under RCW 18.130.040.
(6) No cause of action shall arise as the result of: (a) The
failure to report under this section; or (b) any report submitted to the department of health under this section.
(7) For the purposes of this section, a suspected case of
pesticide poisoning is a case in which the diagnosis is thought
more likely than not to be pesticide poisoning. [1992 c 173 §
4; 1991 c 3 § 360; 1989 c 380 § 72.]
Effective dates—1992 c 173: See note following RCW 17.21.100.
Effective date—1989 c 380 §§ 69, 71-73: See note following RCW
70.104.090.
Severability—1989 c 380: See RCW 15.58.942.
70.104.057
70.104.057 Pesticide poisonings—Medical education
program. The department of health, after seeking advice
from the state board of health, local health officers, and state
and local medical associations, shall develop a program of
medical education to alert physicians and other health care
providers to the symptoms, diagnosis, treatment, and reporting of pesticide poisonings. [1991 c 3 § 361; 1989 c 380 §
73.]
Effective date—1989 c 380 §§ 69, 71-73: See note following RCW
70.104.090.
Severability—1989 c 380: See RCW 15.58.942.
70.104.060
70.104.060 Technical assistance, consultations and
services to physicians and agencies authorized. In order
effectively to prevent human illness due to pesticides and to
carry out the requirements of this chapter, the department of
health is authorized to provide technical assistance and consultation regarding health effects of pesticides to physicians
and other agencies, and is authorized to operate an analytical
chemical laboratory and may provide analytical and laboratory services to physicians and other agencies to determine
pesticide levels in human and other tissues, and appropriate
environmental samples. [1991 c 3 § 362; 1971 ex.s. c 41 § 6.]
70.104.070
70.104.070 Pesticide incident reporting and tracking
review panel—Intent. The legislature finds that heightened
concern regarding health and environmental impacts from
pesticide use and misuse has resulted in an increased demand
for full-scale health investigations, assessment of resource
[Title 70 RCW—page 288]
damages, and health effects information. Increased reporting,
comprehensive unbiased investigation capability, and
enhanced community education efforts are required to maintain this state's responsibilities to provide for public health
and safety.
It is the intent of the legislature that the various state
agencies responsible for pesticide regulation coordinate their
activities in a timely manner to ensure adequate monitoring
of pesticide use and protection of workers and the public
from the effects of pesticide misuse. [1989 c 380 § 67.]
Severability—1989 c 380: See RCW 15.58.942.
70.104.080
70.104.080 Pesticide panel—Generally. (1) There is
hereby created a pesticide incident reporting and tracking
review panel consisting of the following members:
(a) The directors, secretaries, or designees of the departments of labor and industries, agriculture, natural resources,
fish and wildlife, and ecology;
(b) The secretary of the department of health or his or her
designee, who shall serve as the coordinating agency for the
review panel;
(c) The chair of the department of environmental health
of the University of Washington, or his or her designee;
(d) The pesticide coordinator and specialist of the cooperative extension at Washington State University or his or her
designee;
(e) A representative of the Washington poison control
center network;
(f) A practicing toxicologist and a member of the general
public, who shall each be appointed by the governor for terms
of two years and may be appointed for a maximum of four
terms at the discretion of the governor. The governor may
remove either member prior to the expiration of his or her
term of appointment for cause. Upon the death, resignation,
or removal for cause of a member of the review panel, the
governor shall fill such vacancy, within thirty days of its creation, for the remainder of the term in the manner herein prescribed for appointment to the review panel.
(2) The review panel shall be chaired by the secretary of
the department of health, or the secretary's designee. The
members of the review panel shall meet at least monthly at a
time and place specified by the chair, or at the call of a majority of the review panel. [1994 c 264 § 41; 1991 c 3 § 363;
1989 c 380 § 68.]
Severability—1989 c 380: See RCW 15.58.942.
70.104.090
70.104.090 Pesticide panel—Responsibilities. The
responsibilities of the review panel shall include, but not be
limited to:
(1) Establishing guidelines for centralizing the receipt of
information relating to actual or alleged health and environmental incidents involving pesticides;
(2) Reviewing and making recommendations for procedures for investigation of pesticide incidents, which shall be
implemented by the appropriate agency unless a written
statement providing the reasons for not adopting the recommendations is provided to the review panel;
(3) Monitoring the time periods required for response to
reports of pesticide incidents by the departments of agriculture, health, and labor and industries;
(2004 Ed.)
Hazardous Waste Management
(4) At the request of the chair or any panel member,
reviewing pesticide incidents of unusual complexity or those
that cannot be resolved;
(5) Identifying inadequacies in state and/or federal law
that result in insufficient protection of public health and
safety, with specific attention to advising the appropriate
agencies on the adequacy of pesticide reentry intervals established by the federal environmental protection agency and
registered pesticide labels to protect the health and safety of
farmworkers. The panel shall establish a priority list for
reviewing reentry intervals, which considers the following
criteria:
(a) Whether the pesticide is being widely used in laborintensive agriculture in Washington;
(b) Whether another state has established a reentry interval for the pesticide that is longer than the existing federal
reentry interval;
(c) The toxicity category of the pesticide under federal
law;
(d) Whether the pesticide has been identified by a federal
or state agency or through a scientific review as presenting a
risk of cancer, birth defects, genetic damage, neurological
effects, blood disorders, sterility, menstrual dysfunction,
organ damage, or other chronic or subchronic effects; and
(e) Whether reports or complaints of ill effects from the
pesticide have been filed following worker entry into fields to
which the pesticide has been applied; and
(6) Reviewing and approving an annual report prepared
by the department of health to the governor, agency heads,
and members of the legislature, with the same available to the
public. The report shall include, at a minimum:
(a) A summary of the year's activities;
(b) A synopsis of the cases reviewed;
(c) A separate descriptive listing of each case in which
adverse health or environmental effects due to pesticides
were found to occur;
(d) A tabulation of the data from each case;
(e) An assessment of the effects of pesticide exposure in
the workplace;
(f) The identification of trends, issues, and needs; and
(g) Any recommendations for improved pesticide use
practices. [1991 c 3 § 364; 1989 c 380 § 69.]
70.105.020
70.105.025
70.105.030
70.105.035
70.105.040
70.105.050
70.105.060
70.105.070
70.105.080
70.105.085
70.105.090
70.105.095
70.105.097
70.105.100
70.105.105
70.105.109
70.105.110
70.105.111
70.105.112
70.105.116
70.105.120
70.105.130
70.105.135
70.105.140
70.105.145
70.105.150
70.105.160
70.105.165
70.105.170
70.105.180
70.105.200
70.105.210
70.105.215
70.105.217
70.105.220
70.105.221
70.105.225
70.105.230
Effective date—1989 c 380 §§ 69, 71-73: "Sections 69 and 71 through
73 of this act shall take effect on January 1, 1990." [1989 c 380 § 90.]
Severability—1989 c 380: See RCW 15.58.942.
70.104.100
70.104.100 Industrial insurance statutes not affected.
Nothing in RCW 70.104.070 through 70.104.090 shall be
construed to affect in any manner the administration of Title
51 RCW by the department of labor and industries. [1989 c
380 § 70.]
Severability—1989 c 380: See RCW 15.58.942.
Chapter 70.105
Chapter 70.105 RCW
HAZARDOUS WASTE MANAGEMENT
Sections
70.105.005
70.105.007
70.105.010
(2004 Ed.)
Legislative declaration.
Purpose.
Definitions.
70.105.235
70.105.240
70.105.245
70.105.250
70.105.255
70.105.260
70.105.270
70.105.280
70.105.300
70.105.900
Chapter 70.105
Standards and regulations—Adoption—Notice and hearing—
Consultation with other agencies.
Environmental excellence program agreements—Effect on
chapter.
List and information to be furnished by depositor of hazardous
waste—Rules and regulations.
Solid wastes—Conditionally exempt from chapter.
Disposal site or facility—Acquisition—Disposal fee schedule.
Disposal at other than approved site prohibited—Disposal of
radioactive wastes.
Review of rules, regulations, criteria and fee schedules.
Criteria for receiving waste at disposal site.
Violations—Civil penalties.
Violations—Criminal penalties.
Violations—Gross misdemeanor.
Violations—Orders—Penalty for noncompliance—Appeal.
Action for damages resulting from violation—Attorneys' fees.
Powers and duties of department.
Duty of department to regulate PCB waste.
Regulation of wastes with radioactive and hazardous components.
Regulation of dangerous wastes associated with energy facilities.
Radioactive wastes—Authority of department of social and
health services.
Application of chapter to special incinerator ash.
Hazardous substance remedial actions—Procedural requirements not applicable.
Authority of attorney general.
Department's powers as designated agency under federal act.
Copies of notification forms or annual reports to officials
responsible for fire protection.
Rules implemented under RCW 70.105.130—Review.
Department's authority to participate in and administer federal
act.
Declaration—Management of hazardous waste—Priorities—
Definitions.
Waste management study—Public hearings—Adoption or
modification of rules.
Disposal of dangerous wastes at commercial off-site land disposal facilities—Limitations.
Waste management—Consultative services—Technical assistance—Confidentiality.
Disposition of fines and penalties—Earnings.
Hazardous waste management plan.
Hazardous waste management facilities—Department to
develop criteria for siting.
Department to adopt rules for permits for hazardous substances treatment facilities.
Local government regulatory authority to prohibit or condition.
Local governments to prepare local hazardous waste plans—
Basis—Elements required.
Local governments to prepare local hazardous waste plans—
Used oil recycling element.
Local governments to designate zones—Departmental guidelines—Approval of local government zone designations or
amendments—Exemption.
Local governments to submit letter of intent to identify or designate zones and submit management plans—Department to
prepare plan in event of failure to act.
Grants to local governments for plan preparation, implementation, and designation of zones—Matching funds—Qualifications.
State preemption—Department sole authority—Local requirements superseded—State authority over designated zone
facilities.
Department may require notice of intent for management facility permit.
Appeals to pollution control hearings board.
Department to provide technical assistance with local plans.
Department to assist conflict resolution activities related to siting facilities—Agreements may constitute conditions for
permit.
Requirements of RCW 70.105.200 through 70.105.230 and
70.105.240(4) not mandatory without legislative appropriation.
Service charges.
Metals mining and milling operations permits—Inspections by
department of ecology.
Short title—1985 c 448.
Environmental certification programs—Fees—Rules—Liability: RCW
43.21A.175.
[Title 70 RCW—page 289]
70.105.005
Title 70 RCW: Public Health and Safety
Hazardous materials incidents, handling and liability: RCW 70.136.010
through 70.136.070.
Radioactive and hazardous waste emergency response programs, state coordinator: RCW 38.52.030.
Transport of hazardous materials, state patrol authority over: Chapter
46.48 RCW.
70.105.005
70.105.005 Legislative declaration. The legislature
hereby finds and declares:
(1) The health and welfare of the people of the state
depend on clean and pure environmental resources unaffected by hazardous waste contamination. At the same time,
the quality of life of the people of the state is in part based
upon a large variety of goods produced by the economy of the
state. The complex industrial processes that produce these
goods also generate waste byproducts, some of which are
hazardous to the public health and the environment if
improperly managed.
(2) Safe and responsible management of hazardous
waste is necessary to prevent adverse effects on the environment and to protect public health and safety.
(3) The availability of safe, effective, economical, and
environmentally sound facilities for the management of hazardous waste is essential to protect public health and the environment and to preserve the economic strength of the state.
(4) Strong and effective enforcement of federal and state
hazardous waste laws and regulations is essential to protect
the public health and the environment and to meet the public's
concerns regarding the acceptance of needed new hazardous
waste management facilities.
(5) Negotiation, mediation, and similar conflict resolution techniques are useful in resolving concerns over the local
impacts of siting hazardous waste management facilities.
(6) Safe and responsible management of hazardous
waste requires an effective planning process that involves
local and state governments, the public, and industry.
(7) Public acceptance and successful siting of needed
new hazardous waste management facilities depends on several factors, including:
(a) Public confidence in the safety of the facilities;
(b) Assurance that the hazardous waste management priorities established in this chapter are being carried out to the
maximum degree practical;
(c) Recognition that all state citizens benefit from certain
products whose manufacture results in the generation of hazardous byproducts, and that all state citizens must, therefore,
share in the responsibility for finding safe and effective
means to manage this hazardous waste; and
(d) Provision of adequate opportunities for citizens to
meet with facility operators and resolve concerns about local
hazardous waste management facilities.
(8) Due to the controversial and regional nature of facilities for the disposal and incineration of hazardous waste, the
facilities have had difficulty in obtaining necessary local
approvals. The legislature finds that there is a statewide interest in assuring that such facilities can be sited.
It is therefore the intent of the legislature to preempt
local government's authority to approve, deny, or otherwise
regulate disposal and incineration facilities, and to vest in the
department of ecology the sole authority among state,
[Title 70 RCW—page 290]
regional, and local agencies to approve, deny, and regulate
preempted facilities, as defined in this chapter.
In addition, it is the intent of the legislature that such
complete preemptive authority also be vested in the department for treatment and storage facilities, in addition to disposal and incineration facilities, if a local government fails to
carry out its responsibilities established in RCW 70.105.225.
It is further the intent of the legislature that no local ordinance, permit requirement, other requirement, or decision
shall prohibit on the basis of land use considerations the construction of a hazardous waste management facility within
any zone designated and approved in accordance with this
chapter, provided that the proposed site for the facility is consistent with applicable state siting criteria.
(9) With the exception of the disposal site authorized for
acquisition under this chapter, the private sector has had the
primary role in providing hazardous waste management facilities and services in the state. It is the intent of the legislature
that this role be encouraged and continue into the future to the
extent feasible. Whether privately or publicly owned and
operated, hazardous waste management facilities and services should be subject to strict governmental regulation as
provided under this chapter.
(10) Wastes that are exempt or excluded from full regulation under this chapter due to their small quantity or household origin have the potential to pose significant risk to public health and the environment if not properly managed. It is
the intent of the legislature that the specific risks posed by
such waste be investigated and assessed and that programs be
carried out as necessary to manage the waste appropriately.
In addition, the legislature finds that, because local conditions vary substantially in regard to the quantities, risks, and
management opportunities available for such wastes, local
government is the appropriate level of government to plan for
and carry out programs to manage moderate-risk waste, with
assistance and coordination provided by the department.
[1985 c 448 § 2.]
Severability—1985 c 448: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 448 § 19.]
70.105.007
70.105.007 Purpose. The purpose of this chapter is to
establish a comprehensive statewide framework for the planning, regulation, control, and management of hazardous
waste which will prevent land, air, and water pollution and
conserve the natural, economic, and energy resources of the
state. To this end it is the purpose of this chapter:
(1) To provide broad powers of regulation to the department of ecology relating to management of hazardous wastes
and releases of hazardous substances;
(2) To promote waste reduction and to encourage other
improvements in waste management practices;
(3) To promote cooperation between state and local governments by assigning responsibilities for planning for hazardous wastes to the state and planning for moderate-risk
waste to local government;
(4) To provide for prevention of problems related to
improper management of hazardous substances before such
problems occur; and
(2004 Ed.)
Hazardous Waste Management
(5) To assure that needed hazardous waste management
facilities may be sited in the state, and to ensure the safe operation of the facilities. [1985 c 448 § 3.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.010
70.105.010 Definitions. The words and phrases defined
in this section shall have the meanings indicated when used in
this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of
ecology or the director's designee.
(3) "Disposal site" means a geographical site in or upon
which hazardous wastes are disposed of in accordance with
the provisions of this chapter.
(4) "Dispose or disposal" means the discarding or abandoning of hazardous wastes or the treatment, decontamination, or recycling of such wastes once they have been discarded or abandoned.
(5) "Dangerous wastes" means any discarded, useless,
unwanted, or abandoned substances, including but not limited to certain pesticides, or any residues or containers of
such substances which are disposed of in such quantity or
concentration as to pose a substantial present or potential
hazard to human health, wildlife, or the environment because
such wastes or constituents or combinations of such wastes:
(a) Have short-lived, toxic properties that may cause
death, injury, or illness or have mutagenic, teratogenic, or
carcinogenic properties; or
(b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.
(6) "Extremely hazardous waste" means any dangerous
waste which
(a) will persist in a hazardous form for several years or
more at a disposal site and which in its persistent form
(i) presents a significant environmental hazard and may
be concentrated by living organisms through a food chain or
may affect the genetic make-up of man or wildlife, and
(ii) is highly toxic to man or wildlife
(b) if disposed of at a disposal site in such quantities as
would present an extreme hazard to man or the environment.
(7) "Person" means any person, firm, association,
county, public or municipal or private corporation, agency, or
other entity whatsoever.
(8) "Pesticide" shall have the meaning of the term as
defined in RCW 15.58.030 as now or hereafter amended.
(9) "Solid waste advisory committee" means the same
advisory committee as per RCW 70.95.040 through
70.95.070.
(10) "Designated zone facility" means any facility that
requires an interim or final status permit under rules adopted
under this chapter and that is not a preempted facility as
defined in this section.
(11) "Facility" means all contiguous land and structures,
other appurtenances, and improvements on the land used for
recycling, storing, treating, incinerating, or disposing of hazardous waste.
(12) "Preempted facility" means any facility that
includes as a significant part of its activities any of the following operations: (a) Landfill, (b) incineration, (c) land
(2004 Ed.)
70.105.020
treatment, (d) surface impoundment to be closed as a landfill,
or (e) waste pile to be closed as a landfill.
(13) "Hazardous household substances" means those
substances identified by the department as hazardous household substances in the guidelines developed under RCW
70.105.220.
(14) "Hazardous substances" means any liquid, solid,
gas, or sludge, including any material, substance, product,
commodity, or waste, regardless of quantity, that exhibits any
of the characteristics or criteria of hazardous waste as
described in rules adopted under this chapter.
(15) "Hazardous waste" means and includes all dangerous and extremely hazardous waste, including substances
composed of both radioactive and hazardous components.
(16) "Local government" means a city, town, or county.
(17) "Moderate-risk waste" means (a) any waste that
exhibits any of the properties of hazardous waste but is
exempt from regulation under this chapter solely because the
waste is generated in quantities below the threshold for regulation, and (b) any household wastes which are generated
from the disposal of substances identified by the department
as hazardous household substances.
(18) "Service charge" means an assessment imposed
under RCW 70.105.280 against those facilities that store,
treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous
component and a radioactive component. Service charges
shall also apply to facilities undergoing closure under this
chapter in those instances where closure entails the physical
characterization of remaining wastes which contain both a
nonradioactive hazardous component and a radioactive component or the management of such wastes through treatment
or removal, except any commercial low-level radioactive
waste facility. [1989 c 376 § 1; 1987 c 488 § 1; 1985 c 448 §
1; 1975-'76 2nd ex.s. c 101 § 1.]
Severability—1989 c 376: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1989 c 376 § 4.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.020
70.105.020 Standards and regulations—Adoption—
Notice and hearing—Consultation with other agencies.
The department after notice and public hearing shall:
(1) Adopt regulations designating as extremely hazardous wastes subject to the provisions of this chapter those substances which exhibit characteristics consistent with the definition provided in RCW 70.105.010(6);
(2) Adopt and may revise when appropriate, minimum
standards and regulations for disposal of extremely hazardous wastes to protect against hazards to the public, and to the
environment. Before adoption of such standards and regulations, the department shall consult with appropriate agencies
of interested local governments and secure technical assistance from the department of agriculture, the department of
social and health services, the department of fish and wildlife, the department of natural resources, the department of
labor and industries, and the department of community, trade,
and economic development, through the director of fire protection. [1994 c 264 § 42; 1988 c 36 § 28; 1986 c 266 § 119;
1975-'76 2nd ex.s. c 101 § 2.]
[Title 70 RCW—page 291]
70.105.025
Title 70 RCW: Public Health and Safety
Severability—1986 c 266: See note following RCW 38.52.005.
70.105.025
70.105.025 Environmental excellence program
agreements—Effect on chapter. Notwithstanding any
other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement,
entered into under chapter 43.21K RCW. [1997 c 381 § 23.]
Purpose—1997 c 381: See RCW 43.21K.005.
70.105.030
70.105.030 List and information to be furnished by
depositor of hazardous waste—Rules and regulations. (1)
After the effective date of the regulations adopted by the
department designating extremely hazardous wastes, any person planning to dispose of extremely hazardous waste as designated by the department shall provide the operator of the
disposal site with a list setting forth the extremely hazardous
wastes for disposal, the amount of such wastes, the general
chemical and mineral composition of such waste listed by
approximate maximum and minimum percentages, and the
origin of any such waste. Such list, when appropriate, shall
include information on antidotes, first aid, or safety measures
to be taken in case of accidental contact with the particular
extremely hazardous waste being disposed.
(2) The department shall adopt and enforce all rules and
regulations including the form and content of the list, necessary and appropriate to accomplish the purposes of subsection (1) of this section. [1975-'76 2nd ex.s. c 101 § 3.]
70.105.035
70.105.035 Solid wastes—Conditionally exempt from
chapter. Solid wastes that designate as dangerous waste or
extremely hazardous waste but do not designate as hazardous
waste under federal law are conditionally exempt from the
requirements of this chapter, if:
(1) The waste is generated pursuant to a consent decree
issued under chapter 70.105D RCW;
(2) The consent decree characterizes the solid waste and
specifies management practices and a department-approved
treatment or disposal location;
(3) The management practices are consistent with RCW
70.105.150 and are protective of human health and the environment as determined by the department of ecology; and
(4) Waste treated or disposed of on-site will be managed
in a manner determined by the department to be as protective
of human health and the environment as clean-up standards
pursuant to chapter 70.105D RCW.
This section shall not be interpreted to limit the ability of
the department to apply any requirement of this chapter
through a consent decree issued under chapter 70.105D
RCW, if the department determines these requirements to be
appropriate. Neither shall this section be interpreted to limit
the application of this chapter to a cleanup conducted under
the federal comprehensive environmental response, compensation, and liability act (42 U.S.C. Sec. 9601 et seq., as
amended). [1994 c 254 § 5.]
70.105.040
70.105.040 Disposal site or facility—Acquisition—
Disposal fee schedule. (1) The department through the
department of general administration, is authorized to acquire
[Title 70 RCW—page 292]
interests in real property from the federal government on the
Hanford Reservation by gift, purchase, lease, or other means,
to be used for the purpose of developing, operating, and
maintaining an extremely hazardous waste disposal site or
facility by the department, either directly or by agreement
with public or private persons or entities: PROVIDED, That
lands acquired under this section shall not be inconsistent
with a local comprehensive plan approved prior to January 1,
1976: AND PROVIDED FURTHER, That no lands acquired
under this section shall be subject to land use regulation by a
local government.
(2) The department may establish an appropriate fee
schedule for use of such disposal facilities to offset the cost of
administration of this chapter and the cost of development,
operation, maintenance, and perpetual management of the
disposal site. If operated by a private entity, the disposal fee
may be such as to provide a reasonable profit. [1975-'76 2nd
ex.s. c 101 § 4.]
70.105.050
70.105.050 Disposal at other than approved site prohibited—Disposal of radioactive wastes. (1) No person
shall dispose of designated extremely hazardous wastes at
any disposal site in the state other than the disposal site established and approved for such purpose under provisions of this
chapter, except:
(a) When such wastes are going to a processing facility
which will result in the waste being reclaimed, treated, detoxified, neutralized, or otherwise processed to remove its harmful properties or characteristics; or
(b) When such wastes are managed on-site as part of a
remedial action conducted by the department or by potentially liable persons under a consent decree issued by the
department pursuant to chapter 70.105D RCW.
(2) Extremely hazardous wastes that contain radioactive
components may be disposed at a radioactive waste disposal
site that is (a) owned by the United States department of
energy or a licensee of the nuclear regulatory commission
and (b) permitted by the department and operated in compliance with the provisions of this chapter. However, prior to
disposal, or as a part of disposal, all reasonable methods of
treatment, detoxification, neutralization, or other waste management methodologies designed to mitigate hazards associated with these wastes shall be employed, as required by
applicable federal and state laws and regulations. [1994 c
254 § 6; 1987 c 488 § 4; 1975-'76 2nd ex.s. c 101 § 5.]
70.105.060
70.105.060 Review of rules, regulations, criteria and
fee schedules. All rules, regulations, criteria, and fee schedules adopted by the department to implement the provisions
of this chapter shall be reviewed by the solid waste advisory
committee for the purpose of recommending revisions, additions, or modifications thereto as provided for the review of
solid waste regulations and standards pursuant to chapter
70.95 RCW. [1975-'76 2nd ex.s. c 101 § 6.]
70.105.070
70.105.070 Criteria for receiving waste at disposal
site. The department may elect to receive dangerous waste at
the site provided under this chapter, provided
(1) it is upon request of the owner, producer, or person
having custody of the waste, and
(2004 Ed.)
Hazardous Waste Management
(2) upon the payment of a fee to cover disposal
(3) it can be reasonably demonstrated that there is no
other disposal sites in the state that will handle such dangerous waste, and
(4) the site is designed to handle such a request or can be
modified to the extent necessary to adequately dispose of the
waste, or
(5) if a demonstrable emergency and potential threat to
the public health and safety exists. [1975-'76 2nd ex.s. c 101
§ 7.]
70.105.080
70.105.080 Violations—Civil penalties. (1) Except as
provided in RCW 43.05.060 through 43.05.080 and
43.05.150, every person who fails to comply with any provision of this chapter or of the rules adopted thereunder shall be
subjected to a penalty in an amount of not more than ten thousand dollars per day for every such violation. Each and every
such violation shall be a separate and distinct offense. In case
of continuing violation, every day's continuance shall be a
separate and distinct violation. Every person who, through an
act of commission or omission, procures, aids, or abets in the
violation shall be considered to have violated the provisions
of this section and shall be subject to the penalty herein provided.
(2) The penalty provided for in this section shall be
imposed pursuant to the procedures in RCW 43.21B.300.
[1995 c 403 § 631; 1987 c 109 § 12; 1983 c 172 § 2; 1975-'76
2nd ex.s. c 101 § 8.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1983 c 172: See note following RCW 70.105.097.
70.105.100
70.105.090
70.105.090 Violations—Gross misdemeanor. In addition to the penalties imposed pursuant to RCW 70.105.080,
any person who violates any provisions of this chapter, or of
the rules implementing this chapter, and any person who
knowingly aids or abets another in conducting any violation
of any provisions of this chapter, or of the rules implementing
this chapter, shall be guilty of a gross misdemeanor and upon
conviction thereof shall be punished by a fine of not less than
one hundred dollars nor more than ten thousand dollars,
and/or by imprisonment in the county jail for not more than
one year, for each separate violation. Each and every such
violation shall be a separate and distinct offense. In case of
continuing violation, every day's continuance shall be a separate and distinct offense. [1984 c 237 § 1; 1983 c 172 § 3;
1975-'76 2nd ex.s. c 101 § 9.]
Severability—1983 c 172: See note following RCW 70.105.097.
70.105.095
70.105.095 Violations—Orders—Penalty for noncompliance—Appeal. (1) Whenever on the basis on any
information the department determines that a person has violated or is about to violate any provision of this chapter, the
department may issue an order requiring compliance either
immediately or within a specified period of time. The order
shall be delivered by registered mail or personally to the person against whom the order is directed.
(2) Any person who fails to take corrective action as
specified in a compliance order shall be liable for a civil penalty of not more than ten thousand dollars for each day of
continued noncompliance. In addition, the department may
suspend or revoke any permits and/or certificates issued
under the provisions of this chapter to a person who fails to
comply with an order directed against him.
(3) Any order may be appealed pursuant to RCW
43.21B.310. [1987 c 109 § 16; 1983 c 172 § 4.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1983 c 172: See note following RCW 70.105.097.
70.105.085
70.105.085 Violations—Criminal penalties. (1) Any
person who knowingly transports, treats, stores, handles, disposes of, or exports a hazardous substance in violation of this
chapter is guilty of: (a) A class B felony punishable according to chapter 9A.20 RCW if the person knows at the time
that the conduct constituting the violation places another person in imminent danger of death or serious bodily injury; or
(b) a class C felony punishable according to chapter 9A.20
RCW if the person knows that the conduct constituting the
violation places any property of another person or any natural
resources owned by the state of Washington or any of its
local governments in imminent danger of harm.
(2) As used in this section: (a) "Imminent danger" means
that there is a substantial likelihood that harm will be experienced within a reasonable period of time should the danger
not be eliminated; and (b) "knowingly" refers to an awareness
of facts, not awareness of law. [2003 c 53 § 357; 1989 c 2 §
15 (Initiative Measure No. 97, approved November 8, 1988).]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Short title—Captions—Construction—Existing agreements—
Effective date—Severability—1989 c 2: See RCW 70.105D.900 through
70.105D.921, respectively.
(2004 Ed.)
70.105.097
70.105.097 Action for damages resulting from violation—Attorneys' fees. A person injured as a result of a violation of this chapter or the rules adopted thereunder may
bring an action in superior court for the recovery of the damages. A conviction or imposition of a penalty under this chapter is not a prerequisite to an action under this section.
The court may award reasonable attorneys' fees to a prevailing injured party in an action under this section. [1983 c
172 § 1.]
Severability—1983 c 172: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 172 § 5.]
70.105.100
70.105.100 Powers and duties of department. The
department in performing its duties under this chapter may:
(1) Conduct studies and coordinate research programs
pertaining to extremely hazardous waste management;
(2) Render technical assistance to generators of dangerous and extremely hazardous wastes and to state and local
agencies in the planning and operation of hazardous waste
programs;
[Title 70 RCW—page 293]
70.105.105
Title 70 RCW: Public Health and Safety
(3) Encourage and provide technical assistance to waste
generators to form and operate a "waste exchange" for the
purpose of finding users for dangerous and extremely hazardous wastes that would otherwise be disposed of: PROVIDED, That such technical assistance shall not violate the
confidentiality of manufacturing processes; and
(4) Provide for appropriate surveillance and monitoring
of extremely hazardous waste disposal practices in the state.
[1975-'76 2nd ex.s. c 101 § 10.]
70.105.105
70.105.105 Duty of department to regulate PCB
waste. The department of ecology shall regulate under chapter 70.105 RCW, wastes generated from the salvaging,
rebuilding, or discarding of transformers or capacitors that
have been sold or otherwise transferred for salvage or disposal after the completion or termination of their useful lives
and which contain polychlorinated biphenyls (PCB's) and
whose disposal is not regulated under 40 CFR part 761. Nothing in this section shall prohibit such wastes from being
incinerated or disposed of at facilities permitted to manage
PCB wastes under 40 CFR part 761. [1985 c 65 § 1.]
70.105.109
70.105.109 Regulation of wastes with radioactive and
hazardous components. The department of ecology may
regulate all hazardous wastes, including those composed of
both radioactive and hazardous components, to the extent it is
not preempted by federal law. [1987 c 488 § 2.]
70.105.110
70.105.110 Regulation of dangerous wastes associated with energy facilities. (1) Nothing in this chapter shall
alter, amend, or supersede the provisions of chapter 80.50
RCW, except that, notwithstanding any provision of chapter
80.50 RCW, regulation of dangerous wastes associated with
energy facilities from generation to disposal shall be solely
by the department pursuant to chapter 70.105 RCW. In the
implementation of said section, the department shall consult
and cooperate with the energy facility site evaluation council
and, in order to reduce duplication of effort and to provide
necessary coordination of monitoring and on-site inspection
programs at energy facility sites, any on-site inspection by
the department that may be required for the purposes of this
chapter shall be performed pursuant to an interagency coordination agreement with the council.
(2) To facilitate the implementation of this chapter, the
energy facility site evaluation council may require certificate
holders to remove from their energy facility sites any dangerous wastes, controlled by this chapter, within ninety days of
their generation. [1987 c 488 § 3; 1984 c 237 § 3; 1975-'76
2nd ex.s. c 101 § 11.]
poses of RCW 4.22.070(3)(a), special incinerator ash shall be
considered hazardous waste. [1987 c 528 § 9.]
Severability—1987 c 528: See RCW 70.138.902.
70.105.116
70.105.116 Hazardous substance remedial actions—
Procedural requirements not applicable. The procedural
requirements of this chapter shall not apply to any person
conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The
department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent
decree, order, or agreed order issued pursuant to chapter
70.105D RCW, or during the department-conducted remedial
action, through the procedures developed by the department
pursuant to RCW 70.105D.090. [1994 c 257 § 17.]
Severability—1994 c 257: See note following RCW 36.70A.270.
70.105.120
70.105.120 Authority of attorney general. At the
request of the department, the attorney general is authorized
to bring such injunctive, declaratory, or other actions to
enforce any requirement of this chapter. [1980 c 144 § 2.]
70.105.130
70.105.130 Department's powers as designated
agency under federal act. (1) The department is designated
as the state agency for implementing the federal resource
conservation and recovery act (42 U.S.C. Sec. 6901 et seq.).
(2) The power granted to the department by this section
is the authority to:
(a) Establish a permit system for owners or operators of
facilities which treat, store, or dispose of dangerous wastes:
PROVIDED, That spent containers of pesticides or herbicides which have been used in normal farm operations and
which are not extremely hazardous wastes, shall not be subject to the permit system;
(b) Establish standards for the safe transport, treatment,
storage, and disposal of dangerous wastes as may be necessary to protect human health and the environment;
(c) Establish, to implement this section:
(i) A manifest system to track dangerous wastes;
(ii) Reporting, monitoring, recordkeeping, labeling,
sampling requirements; and
(iii) Owner, operator, and transporter responsibility;
(d) Enter at reasonable times establishments regulated
under this section for the purposes of inspection, monitoring,
and sampling; and
(e) Adopt rules necessary to implement this section.
[1980 c 144 § 1.]
70.105.111
70.105.111 Radioactive wastes—Authority of
department of social and health services. Nothing in this
chapter diminishes the authority of the department of social
and health services to regulate the radioactive portion of
mixed wastes pursuant to chapter 70.98 RCW. [1987 c 488 §
5.]
70.105.112
70.105.112 Application of chapter to special incinerator ash. This chapter does not apply to special incinerator
ash regulated under chapter 70.138 RCW except that, for pur[Title 70 RCW—page 294]
70.105.135
70.105.135 Copies of notification forms or annual
reports to officials responsible for fire protection. Any
person who generates, treats, stores, disposes, or otherwise
handles dangerous or extremely hazardous wastes shall provide copies of any notification forms, or annual reports that
are required pursuant to RCW 70.105.130 to the fire departments or fire districts that service the areas in which the
wastes are handled upon the request of the fire departments or
fire districts. In areas that are not serviced by a fire department or fire district, the forms or reports shall be provided to
(2004 Ed.)
Hazardous Waste Management
the sheriff or other county official designated pursuant to
RCW 48.48.060 upon the request of the sheriff or other
county official. This section shall not apply to the transportation of hazardous wastes. [1986 c 82 § 1.]
70.105.140
70 .10 5.14 0 Ru les implemen ted un der R CW
7 0 . 1 0 5 . 1 3 0 — R ev i e w. R u le s i m p l em en t in g R C W
70.105.130 shall be submitted to the house and senate committees on ecology for review prior to being adopted in accordance with chapter 34.05 RCW. [1980 c 144 § 3.]
70.105.145
70.105.145 Department's authority to participate in
and administer federal act. Notwithstanding any other provision of chapter 70.105 RCW, the department of ecology is
empowered to participate fully in and is empowered to
administer all aspects of the programs of the federal Resource
Conservation and Recovery Act, as it exists on June 7, 1984,
(42 U.S.C. Sec. 6901 et seq.), contemplated for participation
and administration by a state under that act. [1984 c 237 § 2;
1983 c 270 § 2.]
Severability—1983 c 270: See note following RCW 90.48.260.
70.105.150
70.105.150 Declaration—Management of hazardous
waste—Priorities—Definitions. The legislature hereby
declares that:
(1) The health and welfare of the people of the state
depend on clean and pure environmental resources unaffected by hazardous waste contamination. Management and
regulation of hazardous waste disposal should encourage
practices which result in the least amount of waste being produced. Towards that end, the legislature finds that the following priorities in the management of hazardous waste are necessary and should be followed in order of descending priority
as applicable:
(a) Waste reduction;
(b) Waste recycling;
(c) Physical, chemical, and biological treatment;
(d) Incineration;
(e) Solidification/stabilization treatment;
(f) Landfill.
(2) As used in this section:
(a) "Waste reduction" means reducing waste so that hazardous byproducts are not produced;
(b) "Waste recycling" means reusing waste materials and
extracting valuable materials from a waste stream;
(c) "Physical, chemical, and biological treatment" means
processing the waste to render it completely innocuous, produce a recyclable byproduct, reduce toxicity, or substantially
reduce the volume of material requiring disposal;
(d) "Incineration" means reducing the volume or toxicity
of wastes by use of an enclosed device using controlled flame
combustion;
(e) "Solidification/stabilization treatment" means the use
of encapsulation techniques to solidify wastes and make them
less permeable or leachable; and
(f) "Landfill" means a disposal facility, or part of a facility, at which waste is placed in or on land and which is not a
land treatment facility, surface impoundment, or injection
well. [1983 1st ex.s. c 70 § 1.]
(2004 Ed.)
70.105.165
70.105.160
70.105.160 Waste management study—Public hearings—Adoption or modification of rules. The department
shall conduct a study to determine the best management practices for categories of waste for the priority waste management methods established in RCW 70.105.150, with due consideration in the course of the study to sound environmental
management and available technology. As an element of the
study, the department shall review methods that will help
achieve the priority of RCW 70.105.150(1)(a), waste reduction. Before issuing any proposed rules, the department shall
conduct public hearings regarding the best management practices for the various waste categories studied by the department. After conducting the study, the department shall prepare new rules or modify existing rules as appropriate to promote implementation of the priorities established in RCW
70.105.150 for management practices which assure use of
sound environmental management techniques and available
technology. The preliminary study shall be completed by July
1, 1986, and the rules shall be adopted by July 1, 1987. The
solid waste advisory committee shall review the studies and
the new or modified rules.
The studies shall be updated at least once every five
years. The funding for these studies shall be from the hazardous waste control and elimination account, subject to legislative appropriation. [1998 c 245 § 110; 1984 c 254 § 2; 1983
1st ex.s. c 70 § 2.]
Severability—1984 c 254: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 254 § 3.]
70.105.165
70.105.165 Disposal of dangerous wastes at commercial off-site land disposal facilities—Limitations. (1) Independent of the processing or issuance of any or all federal,
state, and local permits for disposal of dangerous wastes, no
disposal of dangerous wastes at a commercial off-site land
disposal facility may be undertaken prior to July 1, 1986,
unless:
(a) The disposal results from actions taken under *RCW
70.105A.060 (2) and (3), or results from other emergency situations; or
(b) Studies undertaken by the department under RCW
70.105.160 to determine the best management practices for
various waste categories under the priority waste management methods established in RCW 70.105.150 are completed
for the particular wastes or waste categories to be disposed of
and any regulatory revisions deemed necessary by the department are proposed and do not prohibit land disposal of such
wastes; or
(c) Final regulations have been adopted by the department that allow for such disposal.
(2) Construction of facilities used solely for the purpose
of disposal of wastes that have not met the requirements of
subsection (1) of this section shall not be undertaken by any
developer of a dangerous waste disposal facility.
(3) The department shall prioritize the studies of waste
categories undertaken under RCW 70.105.160 to provide initial consideration of those categories most likely to be suitable for land disposal. Any regulatory changes deemed necessary by the department shall be proposed and subjected to
the rule-making process by category as the study of each
[Title 70 RCW—page 295]
70.105.170
Title 70 RCW: Public Health and Safety
waste category is completed. All of the study shall be completed, and implementing regulations proposed, by July 1,
1986.
(4) Any final permit issued by the department before the
adoption of rules promulgated as a result of the study conducted under RCW 70.105.160 shall be modified as necessary to be consistent with such rules. [1984 c 254 § 1.]
*Reviser's note: RCW 70.105A.060 was repealed by 1990 c 114 § 21.
Severability—1984 c 254: See note following RCW 70.105.160.
70.105.170
70.105.170 Waste management—Consultative services—Technical assistance—Confidentiality. Consistent
with the purposes of RCW 70.105.150 and 70.105.160, the
department is authorized to promote the priority waste management methods listed in RCW 70.105.150 by establishing
or assisting in the establishment of: (1) Consultative services
which, in conjunction with any business or industry requesting such service, study and recommend alternative waste
management practices; and (2) technical assistance, such as a
toll-free telephone service, to persons interested in waste
management alternatives. Any person receiving such service
or assistance may, in accordance with state law, request confidential treatment of information about their manufacturing
or business practices. [1983 1st ex.s. c 70 § 3.]
70.105.180
70.105.180 Disposition of fines and penalties—Earnings. All fines and penalties collected under this chapter
shall be deposited in the hazardous waste control and elimination account, which is hereby created in the state treasury.
Moneys in the account collected from fines and penalties
shall be expended exclusively by the department of ecology
for the purposes of chapter 70, Laws of 1983 1st ex. sess.,
subject to legislative appropriation. Other sources of funds
deposited in this account may also be used for the purposes of
chapter 70, Laws of 1983 1st ex. sess. All earnings of investments of balances in the hazardous waste control and elimination account shall be credited to the general fund. [1985 c
57 § 70; 1983 1st ex.s. c 70 § 4.]
Effective date—1985 c 57: See note following RCW 18.04.105.
70.105.200
70.105.200 Hazardous waste management plan. (1)
The department shall develop, and shall update at least once
every five years, a state hazardous waste management plan.
The plan shall include, but shall not be limited to, the following elements:
(a) A state inventory and assessment of the capacity of
existing facilities to treat, store, dispose, or otherwise manage
hazardous waste;
(b) A forecast of future hazardous waste generation;
(c) A description of the plan or program required by
RCW 70.105.160 to promote the waste management priorities established in RCW 70.105.150;
(d) Siting criteria as appropriate for hazardous waste
management facilities, including such criteria as may be
appropriate for the designation of eligible zones for designated zone facilities. However, these criteria shall not prevent
the continued operation, at or below the present level of
waste management activity, of existing facilities on the basis
of their location in areas other than those designated as eligible zones pursuant to RCW 70.105.225;
[Title 70 RCW—page 296]
(e) Siting policies as deemed appropriate by the department; and
(f) A plan or program to provide appropriate public
information and education relating to hazardous waste management. The department shall ensure to the maximum
degree practical that these plans or programs are coordinated
with public education programs carried out by local government under RCW 70.105.220.
(2) The department shall seek, encourage, and assist participation in the development, revision, and implementation
of the state hazardous waste management plan by interested
citizens, local government, business and industry, environmental groups, and other entities as appropriate.
(3) Siting criteria shall be completed by December 31,
1986. Other plan components listed in subsection (1) of this
section shall be completed by June 30, 1987.
(4) The department shall incorporate into the state hazardous waste management plan those elements of the local
hazardous waste management plans that it deems necessary
to assure effective and coordinated programs throughout the
state. [1985 c 448 § 4.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.210
70.105.210 Hazardous waste management facilities—Department to develop criteria for siting. By May
31, 1990, the department shall develop and adopt criteria for
the siting of hazardous waste management facilities. These
criteria will be part of the state hazardous waste management
plan as described in RCW 70.105.200. To the extent practical, these criteria shall be designed to minimize the shortterm and long-term risks and costs that may result from hazardous waste management facilities. These criteria may vary
by type of facilities and may consider natural site characteristics and engineered protection. Criteria may be established
for:
(1) Geology;
(2) Surface and groundwater hydrology;
(3) Soils;
(4) Flooding;
(5) Climatic factors;
(6) Unique or endangered flora and fauna;
(7) Transportation routes;
(8) Site access;
(9) Buffer zones;
(10) Availability of utilities and public services;
(11) Compatibility with existing uses of land;
(12) Shorelines and wetlands;
(13) Sole-source aquifers;
(14) Natural hazards; and
(15) Other factors as determined by the department.
[1989 1st ex.s. c 13 § 2; 1985 c 448 § 5.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.215
70.105.215 Department to adopt rules for permits for
hazardous substances treatment facilities. The legislature
recognizes the need for new, modified, or expanded facilities
to treat, incinerate, or otherwise process or dispose of hazardous substances safely. In order to encourage the development
of such facilities, the department shall adopt rules as necessary regarding the permitting of such facilities to ensure the
(2004 Ed.)
Hazardous Waste Management
most expeditious permit processing possible consistent with
the substantive requirements of applicable law. If owners and
operators are not the same entity, the operator shall be the
permit applicant and responsible for the development of the
permit application and all accompanying materials, as long as
the owner also signs the application and certifies its ownership of the real property described in the application, and
acknowledges its awareness of the contents of the application
and receipt of a copy thereof. [1986 c 210 § 3.]
70.105.217
70.105.217 Local government regulatory authority to
prohibit or condition. Nothing in this chapter shall alter or
affect the regulatory authority of a county, city, or jurisdictional health district to condition or prohibit the acceptance of
hazardous waste in a county or city landfill. [1994 c 254 § 7.]
70.105.220
70.105.220 Local governments to prepare local hazardous waste plans—Basis—Elements required. (1) Each
local government, or combination of contiguous local governments, is directed to prepare a local hazardous waste plan
which shall be based on state guidelines and include the following elements:
(a) A plan or program to manage moderate-risk wastes
that are generated or otherwise present within the jurisdiction. This element shall include an assessment of the quantities, types, generators, and fate of moderate-risk wastes in the
jurisdiction. The purpose of this element is to develop a system of managing moderate-risk waste, appropriate to each
local area, to ensure protection of the environment and public
health;
(b) A plan or program to provide for ongoing public
involvement and public education in regard to the management of moderate-risk waste. This element shall provide
information regarding:
(i) The potential hazards to human health and the environment resulting from improper use and disposal of the
waste; and
(ii) Proper methods of handling, reducing, recycling, and
disposing of the waste;
(c) An inventory of all existing generators of hazardous
waste and facilities managing hazardous waste within the
jurisdiction. This inventory shall be based on data provided
by the department;
(d) A description of the public involvement process used
in developing the plan;
(e) A description of the eligible zones designated in
accordance with RCW 70.105.225. However, the requirement to designate eligible zones shall not be considered part
of the local hazardous waste planning requirements; and
(f) Other elements as deemed appropriate by local government.
(2) To the maximum extent practicable, the local hazardous waste plan shall be coordinated with other hazardous
materials-related plans and policies in the jurisdiction.
(3) Local governments shall coordinate with those persons involved in providing privately owned hazardous and
moderate-risk waste facilities and services as follows: If a
local government determines that a moderate-risk waste will
be or is adequately managed by one or more privately owned
facilities or services at a reasonable price, the local govern(2004 Ed.)
70.105.221
ment shall take actions to encourage the use of that private
facility or service. Actions taken by a local government under
this subsection may include, but are not limited to, restricting
or prohibiting the land disposal of a moderate-risk waste at
any transfer station or land disposal facility within its jurisdiction.
(4)(a) The department shall prepare guidelines for the
development of local hazardous waste plans. The guidelines
shall be prepared in consultation with local governments and
shall be completed by December 31, 1986. The guidelines
shall include a list of substances identified as hazardous
household substances.
(b) In preparing the guidelines under (a) of this subsection, the department shall review and assess information on
pilot projects that have been conducted for moderate-risk
waste management. The department shall encourage additional pilot projects as needed to provide information to
improve and update the guidelines.
(5) The department shall consult with retailers, trade
associations, public interest groups, and appropriate units of
local government to encourage the development of voluntary
public education programs on the proper handling of hazardous household substances.
(6) Local hazardous waste plans shall be completed and
submitted to the department no later than June 30, 1990.
Local governments may from time to time amend the local
plan.
(7) Each local government, or combination of contiguous local governments, shall submit its local hazardous waste
plan or amendments thereto to the department. The department shall approve or disapprove local hazardous waste plans
or amendments by December 31, 1990, or within ninety days
of submission, whichever is later. The department shall
approve a local hazardous waste plan if it determines that the
plan is consistent with this chapter and the guidelines under
subsection (4) of this section. If approval is denied, the
department shall submit its objections to the local government within ninety days of submission. However, for plans
submitted between January 1, 1990, and June 30, 1990, the
department shall have one hundred eighty days to submit its
objections. No local government is eligible for grants under
RCW 70.105.235 for implementing a local hazardous waste
plan unless the plan for that jurisdiction has been approved by
the department.
(8) Each local government, or combination of contiguous local governments, shall implement the local hazardous
waste plan for its jurisdiction by December 31, 1991.
(9) The department may waive the specific requirements
of this section for any local government if such local government demonstrates to the satisfaction of the department that
the objectives of the planning requirements have been met.
[1992 c 17 § 1; 1986 c 210 § 1; 1985 c 448 § 6.]
Severability—1985 c 448: See note following RCW 70.105.005.
Used oil recycling element: RCW 70.95I.020.
70.105.221
70.105.221 Local governments to prepare local hazardous waste plans—Used oil recycling element. Local
governments and combinations of local governments shall
amend their local hazardous waste plans required under
[Title 70 RCW—page 297]
70.105.225
Title 70 RCW: Public Health and Safety
RCW 70.105.220 to comply with RCW 70.95I.020. [1991 c
319 § 312.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
70.105.225
70.105.225 Local governments to designate zones—
Departmental guidelines—Approval of local government
zone designations or amendments—Exemption. (1) Each
local government, or combination of contiguous local governments, is directed to: (a) Demonstrate to the satisfaction
of the department that existing zoning allows designated zone
facilities as permitted uses; or (b) designate land use zones
within its jurisdiction in which designated zone facilities are
permitted uses. The zone designations shall be consistent
with the state siting criteria adopted in accordance with RCW
70.105.210, except as may be approved by the department in
accordance with subsection (6) of this section.
(2) Local governments shall not prohibit the processing
or handling of hazardous waste in zones in which the processing or handling of hazardous substances is not prohibited.
This subsection does not apply in residential zones.
(3) The department shall prepare guidelines, as appropriate, for the designation of zones under this section. The
guidelines shall be prepared in consultation with local governments and shall be completed by December 31, 1986.
(4) The initial designation of zones shall be completed or
revised, and submitted to the department within eighteen
months after the enactment of siting criteria in accordance
with RCW 70.105.210. Local governments that do not comply with this submittal deadline shall be subject to the preemptive provisions of RCW 70.105.240(4) until such time as
zone designations are completed and approved by the department. Local governments may from time to time amend their
designated zones.
(5) Local governments without land use zoning provisions shall designate eligible geographic areas within their
jurisdiction, based on siting criteria adopted in accordance
with RCW 70.105.210. The area designation shall be subject
to the same requirements as if they were zone designations.
(6) Each local government, or combination of contiguous local governments, shall submit its designation of zones
or amendments thereto to the department. The department
shall approve or disapprove zone designations or amendments within ninety days of submission. The department
shall approve eligible zone designations if it determines that
the proposed zone designations are consistent with this chapter, the applicable siting criteria, and guidelines for developing designated zones: PROVIDED, That the department
shall consider local zoning in place as of January 1, 1985, or
other special situations or conditions which may exist in the
jurisdiction. If approval is denied, the department shall state
within ninety days from the date of submission the facts upon
which that decision is based and shall submit the statement to
the local government together with any other comments or
recommendations it deems appropriate. The local government shall have ninety days after it receives the statement
from the department to make modifications designed to eliminate the inconsistencies and resubmit the designation to the
department for approval. Any designations shall take effect
when approved by the department.
[Title 70 RCW—page 298]
(7) The department may exempt a local government
from the requirements of this section if:
(a) Regulated quantities of hazardous waste have not
been generated within the jurisdiction during the two calendar years immediately preceding the calendar year during
which the exemption is requested; and
(b) The local government can demonstrate to the satisfaction of the department that no significant portion of land
within the jurisdiction can meet the siting criteria adopted in
accordance with RCW 70.105.210. [1989 1st ex.s. c 13 § 1;
1985 c 448 § 7.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.230
70.105.230 Local governments to submit letter of
intent to identify or designate zones and submit management plans—Department to prepare plan in event of failure to act. (1) Each local government is directed to submit to
the director of the department by October 31, 1987, a letter of
intent stating that it intends to (a) identify, or designate if necessary, eligible zones for designated zone facilities no later
than June 30, 1988, and (b) submit a complete local hazardous waste management plan to the department no later than
June 30, 1990. The letters shall also indicate whether these
requirements will be completed in conjunction with other
local governments.
(2) If any local government fails to submit a letter as provided in subsection (1)(b) of this section, or fails to adopt a
local hazardous waste plan for its jurisdiction in accordance
with the time schedule provided in this chapter, or fails to
secure approval from the department for its local hazardous
waste plan in accordance with the time schedule provided in
this chapter, the department shall prepare a hazardous waste
plan for the local jurisdiction. [1985 c 448 § 8.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.235
70.105.235 Grants to local governments for plan
preparation, implementation, and designation of zones—
Matching funds—Qualifications. (1) Subject to legislative
appropriations, the department may make and administer
grants to local governments for (a) preparing and updating
local hazardous waste plans, (b) implementing approved
local hazardous waste plans, and (c) designating eligible
zones for designated zone facilities as required under this
chapter.
(2) Local governments shall match the funds provided by
the department for planning or designating zones with an
amount not less than twenty-five percent of the estimated
cost of the work to be performed. Local governments may
meet their share of costs with cash or contributed services.
Local governments, or combination of contiguous local governments, conducting pilot projects pursuant to RCW
70.105.220(4) may subtract the cost of those pilot projects
conducted for hazardous household substances from their
share of the cost. If a pilot project has been conducted for all
moderate-risk wastes, only the portion of the cost that applies
to hazardous household substances shall be subtracted. The
matching funds requirement under this subsection shall be
waived for local governments, or combination of contiguous
local governments, that complete and submit their local haz(2004 Ed.)
Hazardous Waste Management
ardous waste plans under RCW 70.105.220(6) prior to June
30, 1988.
(3) Recipients of grants shall meet such qualifications
and follow such procedures in applying for and using grants
as may be established by the department. [1986 c 210 § 2;
1985 c 448 § 9.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.240
70.105.240 State preemption—Department sole
authority—Local requirements superseded—State
authority over designated zone facilities. (1) As of July 28,
1985, the state preempts the field of state, regional, or local
permitting and regulating of all preempted facilities as
defined in this chapter. The department of ecology is designated the sole decision-making authority with respect to permitting and regulating such facilities and no other state
agency, department, division, bureau, commission, or board,
or any local or regional political subdivision of the state, shall
have any permitting or regulatory authority with respect to
such facilities including, but not limited to, the location, construction, and operation of such facilities. Permits issued by
the department shall be in lieu of any and all permits, approvals, certifications, or conditions of any other state, regional,
or local governmental authority which would otherwise
apply.
(2) The department shall ensure that any permits issued
under this chapter invoking the preemption authority of this
section meet the substantive requirements of existing state
laws and regulations to the extent such laws and regulations
are not inconsistent or in conflict with any of the provisions
of this chapter. In the event that any of the provisions of this
chapter, or any of the regulations promulgated hereunder, are
in conflict with any other state law or regulations, such other
law or regulations shall be deemed superseded for purposes
of this chapter.
(3) As of July 28, 1985, any ordinances, regulations,
requirements, or restrictions of regional or local governmental authorities regarding the location, construction, or operation of preempted facilities shall be deemed superseded.
However, in issuing permits under this section, the department shall consider local fire and building codes and condition such permits as appropriate in compliance therewith.
(4) Effective July 1, 1988, the department shall have the
same preemptive authority as defined in subsections (1)
through (3) of this section in regard to any designated zone
facility that may be proposed in any jurisdiction where the
designation of eligible zones pursuant to RCW 70.105.225
has not been completed and approved by the department.
Unless otherwise preempted by this subsection, designated
zone facilities shall be subject to all applicable state and local
laws, regulations, plans, and other requirements. [1985 c 448
§ 10.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.245
70.105.245 Department may require notice of intent
for management facility permit. The department may
adopt rules to require any person who intends to file an application for a permit for a hazardous waste management facility
to file a notice of intent with the department prior to submitting the application. [1985 c 448 § 11.]
(2004 Ed.)
70.105.280
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.250
70.105.250 Appeals to pollution control hearings
board. Any disputes between the department and the governing bodies of local governments in regard to the local
planning requirements under RCW 70.105.220 and the designation of zones under RCW 70.105.225 may be appealed by
the department or the governing body of the local government to the pollution control hearings board established
under chapter 43.21B RCW. [1985 c 448 § 12.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.255
70.105.255 Department to provide technical assistance with local plans. The department shall provide technical assistance to local governments in the preparation,
review, revision, and implementation of local hazardous
waste plans. [1985 c 448 § 13.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.260
70.105.260 Department to assist conflict resolution
activities related to siting facilities—Agreements may
constitute conditions for permit. (1) In order to promote
identification, discussion, negotiation, and resolution of
issues related to siting of hazardous waste management facilities, the department:
(a) Shall compile and maintain information on the use
and availability of conflict resolution techniques and make
this information available to industries, state and local government officials, and other citizens;
(b) Shall encourage and assist in facilitating conflict resolution activities, as appropriate, between facility proponents, host communities, and other interested persons;
(c) May adopt rules specifying procedures for facility
proponents, host communities, and citizens to follow in providing opportunities for conflict resolution activities, including the use of dispute resolution centers established pursuant
to chapter 7.75 RCW; and
(d) May expend funds to support such conflict resolution
activities, and may adopt rules as appropriate to govern the
support.
(2) Any agreements reached under the processes
described in subsection (1) of this section and deemed valid
by the department may be written as conditions binding on a
permit issued under this chapter. [1985 c 448 § 14.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.270
70.105.270 Requirements of RCW 70.105.200
through 70.105.230 and 70.105.240(4) not mandatory
without legislative appropriation. The requirements of
RCW 70.105.200 through 70.105.230 and 70.105.240(4)
shall not become mandatory until funding is appropriated by
the legislature. [1985 c 448 § 15.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.280
70.105.280 Service charges. (1) The department may
assess reasonable service charges against those facilities that
store, treat, incinerate, or dispose of dangerous or extremely
hazardous waste that contains both a nonradioactive hazardous component and a radioactive component or which are
undergoing closure under this chapter in those instances
[Title 70 RCW—page 299]
70.105.300
Title 70 RCW: Public Health and Safety
where closure entails the physical characterization of remaining wastes which contain both a nonradioactive hazardous
component and a radioactive component or the management
of such wastes through treatment or removal, except any
commercial low-level radioactive waste facility. Service
charges may not exceed the costs to the department in carrying out the duties of this section.
(2) Program elements or activities for which service
charges may be assessed include:
(a) Office, staff, and staff support for the purposes of
facility or unit permit development, review, and issuance;
and
(b) Actions taken to determine and ensure compliance
with the state's hazardous waste management act.
(3) Moneys collected through the imposition of such service charges shall be deposited in the state toxics control
account.
(4) The department shall adopt rules necessary to implement this section. Facilities that store, treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous component and a
radioactive component shall not be subject to service charges
prior to such rule making. Facilities undergoing closure under
this chapter in those instances where closure entails the physical characterization of remaining wastes which contain both
a nonradioactive hazardous component and a radioactive
component or the management of such wastes through treatment or removal shall not be subject to service charges prior
to such rule making. [1989 c 376 § 2.]
Severability—1989 c 376: See note following RCW 70.105.010.
encouraged to revise the hazardous waste fees prescribed in
*RCW 70.105A.030 in a manner which provides an incentive
for waste reduction and recycling. If prior to March 1, 1989,
*RCW 70.105A.030 as it existed on August 1, 1987, has not
been amended in a manner which specifically provides an
incentive for hazardous waste reduction and recycling, then
(1) the requirement to pay the fees prescribed in that section
is eliminated solely for fees due and payable on June 30,
1989; and (2) the department of ecology shall prepare, and
submit to the legislature by January 1, 1990, a proposed revision designed to provide an incentive for hazardous waste
reduction and recycling. [1989 c 2 § 16 (Initiative Measure
No. 97, approved November 8, 1988).]
*Reviser's note: RCW 70.105A.030 was repealed by 1990 c 114 § 21.
Short title—Captions—Construction—Existing agreements—
Effective date—Severability—1989 c 2: See RCW 70.105D.900 through
70.105D.921, respectively.
Chapter 70.105D
Chapter 70.105D RCW
HAZARDOUS WASTE CLEANUP—
MODEL TOXICS CONTROL ACT
Sections
70.105D.010
70.105D.020
70.105D.030
70.105D.040
70.105D.050
70.105D.060
70.105D.070
70.105D.080
70.105D.090
70.105D.100
70.105.300
70.105.300 Metals mining and milling operations
permits—Inspections by department of ecology. If a metals mining and milling operation is issued a permit pursuant
to this chapter, then it will be subject to special inspection
requirements. The department of ecology shall inspect these
mining operations at least quarterly in order to ensure that the
operation is in compliance with the conditions of any permit
issued to it pursuant to this chapter. The department shall
conduct additional inspections during the construction phase
of the mining operation in order to ensure compliance with
this chapter. [1994 c 232 § 19.]
Severability—1994 c 232: See RCW 78.56.900.
Effective date—1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902.
70.105.900
70.105.900 Short title—1985 c 448. This chapter shall
be known and may be cited as the hazardous waste management act. [1985 c 448 § 16.]
Severability—1985 c 448: See note following RCW 70.105.005.
Chapter 70.105A
Chapter 70.105A RCW
HAZARDOUS WASTE FEES
Sections
70.105A.035
Revision of fees to provide a waste reduction and recycling
incentive.
Hazardous waste management: Chapter 70.105 RCW.
70.105A.035
70.105A.035 Revision of fees to provide a waste
reduction and recycling incentive. The legislature is
[Title 70 RCW—page 300]
70.105D.110
70.105D.900
70.105D.905
70.105D.910
70.105D.915
70.105D.920
70.105D.921
Declaration of policy.
Definitions.
Department's powers and duties.
Standard of liability—Settlement.
Enforcement.
Timing of review.
Toxics control accounts.
Private right of action—Remedial action costs.
Remedial actions—Exemption from procedural requirements.
Grants to local governments—Statement of environmental
benefits—Development of outcome-focused performance
measures.
Releases of hazardous substances—Notice—Exemptions.
Short title—1989 c 2.
Captions—1989 c 2.
Construction—1989 c 2.
Existing agreements—1989 c 2.
Effective date—1989 c 2.
Severability—1989 c 2.
Environmental certification programs—Fees—Rules—Liability: RCW
43.21A.175.
70.105D.010
70.105D.010 Declaration of policy. (1) Each person
has a fundamental and inalienable right to a healthful environment, and each person has a responsibility to preserve and
enhance that right. The beneficial stewardship of the land, air,
and waters of the state is a solemn obligation of the present
generation for the benefit of future generations.
(2) A healthful environment is now threatened by the
irresponsible use and disposal of hazardous substances.
There are hundreds of hazardous waste sites in this state, and
more will be created if current waste practices continue. Hazardous waste sites threaten the state's water resources, including those used for public drinking water. Many of our municipal landfills are current or potential hazardous waste sites
and present serious threats to human health and environment.
The costs of eliminating these threats in many cases are
beyond the financial means of our local governments and
ratepayers. The main purpose of chapter 2, Laws of 1989 is to
raise sufficient funds to clean up all hazardous waste sites and
to prevent the creation of future hazards due to improper disposal of toxic wastes into the state's land and waters.
(2004 Ed.)
Hazardous Waste Cleanup—Model Toxics Control Act
(3) Many farmers and small business owners who have
followed the law with respect to their uses of pesticides and
other chemicals nonetheless may face devastating economic
consequences because their uses have contaminated the environment or the water supplies of their neighbors. With a
source of funds, the state may assist these farmers and business owners, as well as those persons who sustain damages,
such as the loss of their drinking water supplies, as a result of
the contamination.
(4) It is in the public's interest to efficiently use our finite
land base, to integrate our land use planning policies with our
clean-up policies, and to clean up and reuse contaminated
industrial properties in order to minimize industrial development pressures on undeveloped land and to make clean land
available for future social use.
(5) Because it is often difficult or impossible to allocate
responsibility among persons liable for hazardous waste sites
and because it is essential that sites be cleaned up well and
expeditiously, each responsible person should be liable
jointly and severally.
(6) Because releases of hazardous substances can
adversely affect the health and welfare of the public, the environment, and property values, it is in the public interest that
affected communities be notified of where releases of hazardous substances have occurred and what is being done to clean
them up. [2002 c 288 § 1; 1994 c 254 § 1; 1989 c 2 § 1 (Initiative Measure No. 97, approved November 8, 1988).]
Severability—2002 c 288: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 288 § 5.]
70.105D.020
70.105D.020 Definitions. (1) "Agreed order" means an
order issued by the department under this chapter with which
the potentially liable person receiving the order agrees to
comply. An agreed order may be used to require or approve
any cleanup or other remedial actions but it is not a settlement
under RCW 70.105D.040(4) and shall not contain a covenant
not to sue, or provide protection from claims for contribution,
or provide eligibility for public funding of remedial actions
under RCW 70.105D.070(2)(d)(xi).
(2) "Department" means the department of ecology.
(3) "Director" means the director of ecology or the director's designee.
(4) "Facility" means (a) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a
sewer or publicly owned treatment works), well, pit, pond,
lagoon, impoundment, ditch, landfill, storage container,
motor vehicle, rolling stock, vessel, or aircraft, or (b) any site
or area where a hazardous substance, other than a consumer
product in consumer use, has been deposited, stored, disposed of, or placed, or otherwise come to be located.
(5) "Federal cleanup law" means the federal comprehensive environmental response, compensation, and liability act
of 1980, 42 U.S.C. Sec. 9601 et seq., as amended by Public
Law 99-499.
(6) "Foreclosure and its equivalents" means purchase at
a foreclosure sale, acquisition, or assignment of title in lieu of
foreclosure, termination of a lease, or other repossession,
acquisition of a right to title or possession, an agreement in
satisfaction of the obligation, or any other comparable formal
(2004 Ed.)
70.105D.020
or informal manner, whether pursuant to law or under warranties, covenants, conditions, representations, or promises
from the borrower, by which the holder acquires title to or
possession of a facility securing a loan or other obligation.
(7) "Hazardous substance" means:
(a) Any dangerous or extremely hazardous waste as
defined in RCW 70.105.010 (5) and (6), or any dangerous or
extremely dangerous waste designated by rule pursuant to
chapter 70.105 RCW;
(b) Any hazardous substance as defined in RCW
70.105.010(14) or any hazardous substance as defined by
rule pursuant to chapter 70.105 RCW;
(c) Any substance that, on March 1, 1989, is a hazardous
substance under section 101(14) of the federal cleanup law,
42 U.S.C. Sec. 9601(14);
(d) Petroleum or petroleum products; and
(e) Any substance or category of substances, including
solid waste decomposition products, determined by the director by rule to present a threat to human health or the environment if released into the environment.
The term hazardous substance does not include any of
the following when contained in an underground storage tank
from which there is not a release: Crude oil or any fraction
thereof or petroleum, if the tank is in compliance with all
applicable federal, state, and local law.
(8) "Independent remedial actions" means remedial
actions conducted without department oversight or approval,
and not under an order, agreed order, or consent decree.
(9) "Holder" means a person who holds indicia of ownership primarily to protect a security interest. A holder
includes the initial holder such as the loan originator, any
subsequent holder such as a successor-in-interest or subsequent purchaser of the security interest on the secondary market, a guarantor of an obligation, surety, or any other person
who holds indicia of ownership primarily to protect a security
interest, or a receiver, court-appointed trustee, or other person
who acts on behalf or for the benefit of a holder. A holder can
be a public or privately owned financial institution, receiver,
conservator, loan guarantor, or other similar persons that loan
money or guarantee repayment of a loan. Holders typically
are banks or savings and loan institutions but may also
include others such as insurance companies, pension funds,
or private individuals that engage in loaning of money or
credit.
(10) "Indicia of ownership" means evidence of a security
interest, evidence of an interest in a security interest, or evidence of an interest in a facility securing a loan or other obligation, including any legal or equitable title to a facility
acquired incident to foreclosure and its equivalents. Evidence
of such interests includes, mortgages, deeds of trust, sellers
interest in a real estate contract, liens, surety bonds, and guarantees of obligations, title held pursuant to a lease financing
transaction in which the lessor does not select initially the
leased facility, or legal or equitable title obtained pursuant to
foreclosure and their equivalents. Evidence of such interests
also includes assignments, pledges, or other rights to or other
forms of encumbrance against the facility that are held primarily to protect a security interest.
(11) "Operating a facility primarily to protect a security
interest" occurs when all of the following are met: (a) Operating the facility where the borrower has defaulted on the
[Title 70 RCW—page 301]
70.105D.020
Title 70 RCW: Public Health and Safety
loan or otherwise breached the security agreement; (b) operating the facility to preserve the value of the facility as an
ongoing business; (c) the operation is being done in anticipation of a sale, transfer, or assignment of the facility; and (d)
the operation is being done primarily to protect a security
interest. Operating a facility for longer than one year prior to
foreclosure or its equivalents shall be presumed to be operating the facility for other than to protect a security interest.
(12) "Owner or operator" means:
(a) Any person with any ownership interest in the facility
or who exercises any control over the facility; or
(b) In the case of an abandoned facility, any person who
had owned, or operated, or exercised control over the facility
any time before its abandonment;
The term does not include:
(i) An agency of the state or unit of local government
which acquired ownership or control involuntarily through
bankruptcy, tax delinquency, abandonment, or circumstances
in which the government involuntarily acquires title. This
exclusion does not apply to an agency of the state or unit of
local government which has caused or contributed to the
release or threatened release of a hazardous substance from
the facility;
(ii) A person who, without participating in the management of a facility, holds indicia of ownership primarily to
protect the person's security interest in the facility. Holders
after foreclosure and its equivalent and holders who engage
in any of the activities identified in subsection (13)(e)
through (g) of this section shall not lose this exemption provided the holder complies with all of the following:
(A) The holder properly maintains the environmental
compliance measures already in place at the facility;
(B) The holder complies with the reporting requirements
in the rules adopted under this chapter;
(C) The holder complies with any order issued to the
holder by the department to abate an imminent or substantial
endangerment;
(D) The holder allows the department or potentially liable persons under an order, agreed order, or settlement agreement under this chapter access to the facility to conduct remedial actions and does not impede the conduct of such remedial actions;
(E) Any remedial actions conducted by the holder are in
compliance with any preexisting requirements identified by
the department, or, if the department has not identified such
requirements for the facility, the remedial actions are conducted consistent with the rules adopted under this chapter;
and
(F) The holder does not exacerbate an existing release.
The exemption in this subsection (12)(b)(ii) does not apply to
holders who cause or contribute to a new release or threatened release or who are otherwise liable under RCW
70.105D.040(1) (b), (c), (d), and (e); provided, however, that
a holder shall not lose this exemption if it establishes that any
such new release has been remediated according to the
requirements of this chapter and that any hazardous substances remaining at the facility after remediation of the new
release are divisible from such new release;
(iii) A fiduciary in his, her, or its personal or individual
capacity. This exemption does not preclude a claim against
the assets of the estate or trust administered by the fiduciary
[Title 70 RCW—page 302]
or against a nonemployee agent or independent contractor
retained by a fiduciary. This exemption also does not apply to
the extent that a person is liable under this chapter independently of the person's ownership as a fiduciary or for actions
taken in a fiduciary capacity which cause or contribute to a
new release or exacerbate an existing release of hazardous
substances. This exemption applies provided that, to the
extent of the fiduciary's powers granted by law or by the
applicable governing instrument granting fiduciary powers,
the fiduciary complies with all of the following:
(A) The fiduciary properly maintains the environmental
compliance measures already in place at the facility;
(B) The fiduciary complies with the reporting requirements in the rules adopted under this chapter;
(C) The fiduciary complies with any order issued to the
fiduciary by the department to abate an imminent or substantial endangerment;
(D) The fiduciary allows the department or potentially
liable persons under an order, agreed order, or settlement
agreement under this chapter access to the facility to conduct
remedial actions and does not impede the conduct of such
remedial actions;
(E) Any remedial actions conducted by the fiduciary are
in compliance with any preexisting requirements identified
by the department, or, if the department has not identified
such requirements for the facility, the remedial actions are
conducted consistent with the rules adopted under this chapter; and
(F) The fiduciary does not exacerbate an existing release.
The exemption in this subsection (12)(b)(iii) does not
apply to fiduciaries who cause or contribute to a new release
or threatened release or who are otherwise liable under RCW
70.105D.040(1) (b), (c), (d), and (e); provided however, that
a fiduciary shall not lose this exemption if it establishes that
any such new release has been remediated according to the
requirements of this chapter and that any hazardous substances remaining at the facility after remediation of the new
release are divisible from such new release. The exemption in
this subsection (12)(b)(iii) also does not apply where the
fiduciary's powers to comply with this subsection (12)(b)(iii)
are limited by a governing instrument created with the objective purpose of avoiding liability under this chapter or of
avoiding compliance with this chapter; or
(iv) Any person who has any ownership interest in, operates, or exercises control over real property where a hazardous substance has come to be located solely as a result of
migration of the hazardous substance to the real property
through the ground water from a source off the property, if:
(A) The person can demonstrate that the hazardous substance has not been used, placed, managed, or otherwise handled on the property in a manner likely to cause or contribute
to a release of the hazardous substance that has migrated onto
the property;
(B) The person has not caused or contributed to the
release of the hazardous substance;
(C) The person does not engage in activities that damage
or interfere with the operation of remedial actions installed
on the person's property or engage in activities that result in
exposure of humans or the environment to the contaminated
ground water that has migrated onto the property;
(2004 Ed.)
Hazardous Waste Cleanup—Model Toxics Control Act
(D) If requested, the person allows the department,
potentially liable persons who are subject to an order, agreed
order, or consent decree, and the authorized employees,
agents, or contractors of each, access to the property to conduct remedial actions required by the department. The person
may attempt to negotiate an access agreement before allowing access; and
(E) Legal withdrawal of ground water does not disqualify a person from the exemption in this subsection
(12)(b)(iv).
(13) "Participation in management" means exercising
decision-making control over the borrower's operation of the
facility, environmental compliance, or assuming or manifesting responsibility for the overall management of the enterprise encompassing the day-to-day decision making of the
enterprise.
The term does not include any of the following: (a) A
holder with the mere capacity or ability to influence, or the
unexercised right to control facility operations; (b) a holder
who conducts or requires a borrower to conduct an environmental audit or an environmental site assessment at the facility for which indicia of ownership is held; (c) a holder who
requires a borrower to come into compliance with any applicable laws or regulations at the facility for which indicia of
ownership is held; (d) a holder who requires a borrower to
conduct remedial actions including setting minimum requirements, but does not otherwise control or manage the borrower's remedial actions or the scope of the borrower's remedial actions except to prepare a facility for sale, transfer, or
assignment; (e) a holder who engages in workout or policing
activities primarily to protect the holder's security interest in
the facility; (f) a holder who prepares a facility for sale, transfer, or assignment or requires a borrower to prepare a facility
for sale, transfer, or assignment; (g) a holder who operates a
facility primarily to protect a security interest, or requires a
borrower to continue to operate, a facility primarily to protect
a security interest; and (h) a prospective holder who, as a condition of becoming a holder, requires an owner or operator to
conduct an environmental audit, conduct an environmental
site assessment, come into compliance with any applicable
laws or regulations, or conduct remedial actions prior to holding a security interest is not participating in the management
of the facility.
(14) "Person" means an individual, firm, corporation,
association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, federal government agency, or Indian tribe.
(15) "Policing activities" means actions the holder takes
to insure that the borrower complies with the terms of the
loan or security interest or actions the holder takes or requires
the borrower to take to maintain the value of the security.
Policing activities include: Requiring the borrower to conduct remedial actions at the facility during the term of the
security interest; requiring the borrower to comply or come
into compliance with applicable federal, state, and local environmental and other laws, regulations, and permits during the
term of the security interest; securing or exercising authority
to monitor or inspect the facility including on-site inspections, or to monitor or inspect the borrower's business or
financial condition during the term of the security interest; or
taking other actions necessary to adequately police the loan
(2004 Ed.)
70.105D.020
or security interest such as requiring a borrower to comply
with any warranties, covenants, conditions, representations,
or promises from the borrower.
(16) "Potentially liable person" means any person whom
the department finds, based on credible evidence, to be liable
under RCW 70.105D.040. The department shall give notice
to any such person and allow an opportunity for comment
before making the finding, unless an emergency requires otherwise.
(17) "Prepare a facility for sale, transfer, or assignment"
means to secure access to the facility; perform routine maintenance on the facility; remove inventory, equipment, or
structures; properly maintain environmental compliance
measures already in place at the facility; conduct remedial
actions to clean up releases at the facility; or to perform other
similar activities intended to preserve the value of the facility
where the borrower has defaulted on the loan or otherwise
breached the security agreement or after foreclosure and its
equivalents and in anticipation of a pending sale, transfer, or
assignment, primarily to protect the holder's security interest
in the facility. A holder can prepare a facility for sale, transfer, or assignment for up to one year prior to foreclosure and
its equivalents and still stay within the security interest
exemption in subsection (12)(b)(ii) of this section.
(18) "Primarily to protect a security interest" means the
indicia of ownership is held primarily for the purpose of
securing payment or performance of an obligation. The term
does not include indicia of ownership held primarily for
investment purposes nor indicia of ownership held primarily
for purposes other than as protection for a security interest. A
holder may have other, secondary reasons, for maintaining
indicia of ownership, but the primary reason must be for protection of a security interest. Holding indicia of ownership
after foreclosure or its equivalents for longer than five years
shall be considered to be holding the indicia of ownership for
purposes other than primarily to protect a security interest.
For facilities that have been acquired through foreclosure or
its equivalents prior to July 23, 1995, this five-year period
shall begin as of July 23, 1995.
(19) "Public notice" means, at a minimum, adequate
notice mailed to all persons who have made timely request of
the department and to persons residing in the potentially
affected vicinity of the proposed action; mailed to appropriate news media; published in the newspaper of largest circulation in the city or county of the proposed action; and opportunity for interested persons to comment.
(20) "Release" means any intentional or unintentional
entry of any hazardous substance into the environment,
including but not limited to the abandonment or disposal of
containers of hazardous substances.
(21) "Remedy" or "remedial action" means any action or
expenditure consistent with the purposes of this chapter to
identify, eliminate, or minimize any threat or potential threat
posed by hazardous substances to human health or the environment including any investigative and monitoring activities with respect to any release or threatened release of a hazardous substance and any health assessments or health effects
studies conducted in order to determine the risk or potential
risk to human health.
(22) "Security interest" means an interest in a facility
created or established for the purpose of securing a loan or
[Title 70 RCW—page 303]
70.105D.030
Title 70 RCW: Public Health and Safety
other obligation. Security interests include deeds of trusts,
sellers interest in a real estate contract, liens, legal, or equitable title to a facility acquired incident to foreclosure and its
equivalents, and title pursuant to lease financing transactions.
Security interests may also arise from transactions such as
sale and leasebacks, conditional sales, installment sales, trust
receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, easements, and consignments, if the transaction creates or establishes an interest in a facility for the purpose of securing a
loan or other obligation.
(23) "Industrial properties" means properties that are or
have been characterized by, or are to be committed to, traditional industrial uses such as processing or manufacturing of
materials, marine terminal and transportation areas and facilities, fabrication, assembly, treatment, or distribution of manufactured products, or storage of bulk materials, that are
either:
(a) Zoned for industrial use by a city or county conducting land use planning under chapter 36.70A RCW; or
(b) For counties not planning under chapter 36.70A
RCW and the cities within them, zoned for industrial use and
adjacent to properties currently used or designated for industrial purposes.
(24) "Workout activities" means those actions by which
a holder, at any time prior to foreclosure and its equivalents,
seeks to prevent, cure, or mitigate a default by the borrower
or obligor; or to preserve, or prevent the diminution of, the
value of the security. Workout activities include: Restructuring or renegotiating the terms of the security interest; requiring payment of additional rent or interest; exercising forbearance; requiring or exercising rights pursuant to an assignment
of accounts or other amounts owed to an obligor; requiring or
exercising rights pursuant to an escrow agreement pertaining
to amounts owed to an obligor; providing specific or general
financial or other advice, suggestions, counseling, or guidance; and exercising any right or remedy the holder is entitled
to by law or under any warranties, covenants, conditions, representations, or promises from the borrower.
(25)(a) "Fiduciary" means a person acting for the benefit
of another party as a bona fide trustee; executor; administrator; custodian; guardian of estates or guardian ad litem;
receiver; conservator; committee of estates of incapacitated
persons; trustee in bankruptcy; trustee, under an indenture
agreement, trust agreement, lease, or similar financing agreement, for debt securities, certificates of interest or certificates
of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee,
the lender. Except as provided in subsection (12)(b)(iii) of
this section, the liability of a fiduciary under this chapter shall
not exceed the assets held in the fiduciary capacity.
(b) "Fiduciary" does not mean:
(i) A person acting as a fiduciary with respect to a trust
or other fiduciary estate that was organized for the primary
purpose of, or is engaged in, actively carrying on a trade or
business for profit, unless the trust or other fiduciary estate
was created as part of, or to facilitate, one or more estate
plans or because of the incapacity of a natural person;
(ii) A person who acquires ownership or control of a
facility with the objective purpose of avoiding liability of the
person or any other person. It is prima facie evidence that the
[Title 70 RCW—page 304]
fiduciary acquired ownership or control of the facility to
avoid liability if the facility is the only substantial asset in the
fiduciary estate at the time the facility became subject to the
fiduciary estate;
(iii) A person who acts in a capacity other than that of a
fiduciary or in a beneficiary capacity and in that capacity
directly or indirectly benefits from a trust or fiduciary relationship;
(iv) A person who is a beneficiary and fiduciary with
respect to the same fiduciary estate, and who while acting as
a fiduciary receives benefits that exceed customary or reasonable compensation, and incidental benefits permitted under
applicable law;
(v) A person who is a fiduciary and receives benefits that
substantially exceed customary or reasonable compensation,
and incidental benefits permitted under applicable law; or
(vi) A person who acts in the capacity of trustee of state
or federal lands or resources.
(26) "Fiduciary capacity" means the capacity of a person
holding title to a facility, or otherwise having control of an
interest in the facility pursuant to the exercise of the responsibilities of the person as a fiduciary. [1998 c 6 § 1; 1997 c
406 § 2; 1995 c 70 § 1; 1994 c 254 § 2; 1989 c 2 § 2 (Initiative
Measure No. 97, approved November 8, 1988).]
Findings—Intent—1997 c 406: "The legislature finds that:
(1) Engrossed Substitute House Bill No. 1810 enacted during the 1995
legislative session [1995 c 359] authorized establishment of the model toxics
control act policy advisory committee, a twenty-two member committee representing a broad range of interests including the legislature, agriculture,
large and small business, environmental organizations, and local and state
government. The committee was charged with the task of providing advice
to the legislature and the department of ecology to more effectively implement the model toxics control act, chapter 70.105D RCW.
(2) The committee members committed considerable time and effort to
their charge, meeting twenty-six times during 1995 and 1996 to discuss and
decide issues. In addition, the committee created four subcommittees that
met over sixty times during this same period. There were also numerous
working subgroups and drafting committees formed on an ad hoc basis to
support the committee's work. Many members of the public also attended
these meetings and were provided opportunities to contribute to the committee deliberations.
(3) The policy advisory committee completed its work and submitted a
final report to the department of ecology and the legislature on December 15,
1996. That report contains numerous recommendations for statutory changes
that were agreed to by consensus of the committee members or obtained
broad support of most of the committee members. Chapter 406, Laws of
1997 is intended to implement those recommended statutory changes."
[1997 c 406 § 1.]
70.105D.030
70.105D.030 Department's powers and duties. (1)
The department may exercise the following powers in addition to any other powers granted by law:
(a) Investigate, provide for investigating, or require
potentially liable persons to investigate any releases or threatened releases of hazardous substances, including but not limited to inspecting, sampling, or testing to determine the
nature or extent of any release or threatened release. If there
is a reasonable basis to believe that a release or threatened
release of a hazardous substance may exist, the department's
authorized employees, agents, or contractors may enter upon
any property and conduct investigations. The department
shall give reasonable notice before entering property unless
an emergency prevents such notice. The department may by
subpoena require the attendance or testimony of witnesses
(2004 Ed.)
Hazardous Waste Cleanup—Model Toxics Control Act
and the production of documents or other information that the
department deems necessary;
(b) Conduct, provide for conducting, or require potentially liable persons to conduct remedial actions (including
investigations under (a) of this subsection) to remedy releases
or threatened releases of hazardous substances. In carrying
out such powers, the department's authorized employees,
agents, or contractors may enter upon property. The department shall give reasonable notice before entering property
unless an emergency prevents such notice. In conducting,
providing for, or requiring remedial action, the department
shall give preference to permanent solutions to the maximum
extent practicable and shall provide for or require adequate
monitoring to ensure the effectiveness of the remedial action;
(c) Indemnify contractors retained by the department for
carrying out investigations and remedial actions, but not for
any contractor's reckless or wilful misconduct;
(d) Carry out all state programs authorized under the federal cleanup law and the federal resource, conservation, and
recovery act, 42 U.S.C. Sec. 6901 et seq., as amended;
(e) Classify substances as hazardous substances for purposes of RCW 70.105D.020(7) and classify substances and
products as hazardous substances for purposes of RCW
82.21.020(1);
(f) Issue orders or enter into consent decrees or agreed
orders that include, or issue written opinions under (i) of this
subsection that may be conditioned upon, deed restrictions
where necessary to protect human health and the environment from a release or threatened release of a hazardous substance from a facility. Prior to establishing a deed restriction
under this subsection, the department shall notify and seek
comment from a city or county department with land use
planning authority for real property subject to a deed restriction;
(g) Enforce the application of permanent and effective
institutional controls that are necessary for a remedial action
to be protective of human health and the environment and the
notification requirements established in RCW 70.105D.110,
and impose penalties for violations of that section consistent
with RCW 70.105D.050;
(h) Require holders to conduct remedial actions necessary to abate an imminent or substantial endangerment pursuant to RCW 70.105D.020(12)(b)(ii)(C);
(i) Provide informal advice and assistance to persons
regarding the administrative and technical requirements of
this chapter. This may include site-specific advice to persons
who are conducting or otherwise interested in independent
remedial actions. Any such advice or assistance shall be advisory only, and shall not be binding on the department. As a
part of providing this advice and assistance for independent
remedial actions, the department may prepare written opinions regarding whether the independent remedial actions or
proposals for those actions meet the substantive requirements
of this chapter or whether the department believes further
remedial action is necessary at the facility. The department
may collect, from persons requesting advice and assistance,
the costs incurred by the department in providing such advice
and assistance; however, the department shall, where appropriate, waive collection of costs in order to provide an appropriate level of technical assistance in support of public participation. The state, the department, and officers and employ(2004 Ed.)
70.105D.030
ees of the state are immune from all liability, and no cause of
action of any nature may arise from any act or omission in
providing, or failing to provide, informal advice and assistance; and
(j) Take any other actions necessary to carry out the provisions of this chapter, including the power to adopt rules
under chapter 34.05 RCW.
(2) The department shall immediately implement all provisions of this chapter to the maximum extent practicable,
including investigative and remedial actions where appropriate. The department shall adopt, and thereafter enforce, rules
under chapter 34.05 RCW to:
(a) Provide for public participation, including at least (i)
public notice of the development of investigative plans or
remedial plans for releases or threatened releases and (ii) concurrent public notice of all compliance orders, agreed orders,
enforcement orders, or notices of violation;
(b) Establish a hazard ranking system for hazardous
waste sites;
(c) Provide for requiring the reporting by an owner or
operator of releases of hazardous substances to the environment that may be a threat to human health or the environment
within ninety days of discovery, including such exemptions
from reporting as the department deems appropriate, however this requirement shall not modify any existing requirements provided for under other laws;
(d) Establish reasonable deadlines not to exceed ninety
days for initiating an investigation of a hazardous waste site
after the department receives notice or otherwise receives
information that the site may pose a threat to human health or
the environment and other reasonable deadlines for remedying releases or threatened releases at the site;
(e) Publish and periodically update minimum cleanup
standards for remedial actions at least as stringent as the
cleanup standards under section 121 of the federal cleanup
law, 42 U.S.C. Sec. 9621, and at least as stringent as all applicable state and federal laws, including health-based standards
under state and federal law; and
(f) Apply industrial clean-up standards at industrial
properties. Rules adopted under this subsection shall ensure
that industrial properties cleaned up to industrial standards
cannot be converted to nonindustrial uses without approval
from the department. The department may require that a
property cleaned up to industrial standards is cleaned up to a
more stringent applicable standard as a condition of conversion to a nonindustrial use. Industrial clean-up standards may
not be applied to industrial properties where hazardous substances remaining at the property after remedial action pose a
threat to human health or the environment in adjacent nonindustrial areas.
(3) Before November 1st of each even-numbered year,
the department shall develop, with public notice and hearing,
and submit to the ways and means and appropriate standing
environmental committees of the senate and house of representatives a ranked list of projects and expenditures recommended for appropriation from both the state and local toxics
control accounts. The department shall also provide the legislature and the public each year with an accounting of the
department's activities supported by appropriations from the
state toxics control account, including a list of known hazardous waste sites and their hazard rankings, actions taken and
[Title 70 RCW—page 305]
70.105D.040
Title 70 RCW: Public Health and Safety
planned at each site, how the department is meeting its top
two management priorities under RCW 70.105.150, and all
funds expended under this chapter.
(4) The department shall establish a scientific advisory
board to render advice to the department with respect to the
hazard ranking system, cleanup standards, remedial actions,
deadlines for remedial actions, monitoring, the classification
of substances as hazardous substances for purposes of RCW
70.105D.020(7) and the classification of substances or products as hazardous substances for purposes of RCW
82.21.020(1). The board shall consist of five independent
members to serve staggered three-year terms. No members
may be employees of the department. Members shall be reimbursed for travel expenses as provided in RCW 43.03.050
and 43.03.060.
(5) The department shall establish a program to identify
potential hazardous waste sites and to encourage persons to
provide information about hazardous waste sites. [2002 c
288 § 3; 2001 c 291 § 401; 1997 c 406 § 3; 1995 c 70 § 2.
Prior: 1994 c 257 § 11; 1994 c 254 § 3; 1989 c 2 § 3 (Initiative Measure No. 97, approved November 8, 1988).]
Effective date—2002 c 288 §§ 2-4: See note following RCW
70.105D.110.
Severability—2002 c 288: See note following RCW 70.105D.010.
Part headings not law—Effective date—2001 c 291: See notes following RCW 43.20A.360.
F ind ing s— Inte nt— 19 97 c 40 6: See n ot e fol l ow i ng RC W
70.105D.020.
Severability—1994 c 257: See note following RCW 36.70A.270.
70.105D.040
70.105D.040 Standard of liability—Settlement. (1)
Except as provided in subsection (3) of this section, the following persons are liable with respect to a facility:
(a) The owner or operator of the facility;
(b) Any person who owned or operated the facility at the
time of disposal or release of the hazardous substances;
(c) Any person who owned or possessed a hazardous
substance and who by contract, agreement, or otherwise
arranged for disposal or treatment of the hazardous substance
at the facility, or arranged with a transporter for transport for
disposal or treatment of the hazardous substances at the facility, or otherwise generated hazardous wastes disposed of or
treated at the facility;
(d) Any person (i) who accepts or accepted any hazardous substance for transport to a disposal, treatment, or other
facility selected by such person from which there is a release
or a threatened release for which remedial action is required,
unless such facility, at the time of disposal or treatment, could
legally receive such substance; or (ii) who accepts a hazardous substance for transport to such a facility and has reasonable grounds to believe that such facility is not operated in
accordance with chapter 70.105 RCW; and
(e) Any person who both sells a hazardous substance and
is responsible for written instructions for its use if (i) the substance is used according to the instructions and (ii) the use
constitutes a release for which remedial action is required at
the facility.
(2) Each person who is liable under this section is strictly
liable, jointly and severally, for all remedial action costs and
for all natural resource damages resulting from the releases or
threatened releases of hazardous substances. The attorney
[Title 70 RCW—page 306]
general, at the request of the department, is empowered to
recover all costs and damages from persons liable therefor.
(3) The following persons are not liable under this section:
(a) Any person who can establish that the release or
threatened release of a hazardous substance for which the
person would be otherwise responsible was caused solely by:
(i) An act of God;
(ii) An act of war; or
(iii) An act or omission of a third party (including but not
limited to a trespasser) other than (A) an employee or agent
of the person asserting the defense, or (B) any person whose
act or omission occurs in connection with a contractual relationship existing, directly or indirectly, with the person
asserting this defense to liability. This defense only applies
where the person asserting the defense has exercised the
utmost care with respect to the hazardous substance, the foreseeable acts or omissions of the third party, and the foreseeable consequences of those acts or omissions;
(b) Any person who is an owner, past owner, or purchaser of a facility and who can establish by a preponderance
of the evidence that at the time the facility was acquired by
the person, the person had no knowledge or reason to know
that any hazardous substance, the release or threatened
release of which has resulted in or contributed to the need for
the remedial action, was released or disposed of on, in, or at
the facility. This subsection (b) is limited as follows:
(i) To establish that a person had no reason to know, the
person must have undertaken, at the time of acquisition, all
appropriate inquiry into the previous ownership and uses of
the property, consistent with good commercial or customary
practice in an effort to minimize liability. Any court interpreting this subsection (b) shall take into account any specialized
knowledge or experience on the part of the person, the relationship of the purchase price to the value of the property if
uncontaminated, commonly known or reasonably ascertainable information about the property, the obviousness of the
presence or likely presence of contamination at the property,
and the ability to detect such contamination by appropriate
inspection;
(ii) The defense contained in this subsection (b) is not
available to any person who had actual knowledge of the
release or threatened release of a hazardous substance when
the person owned the real property and who subsequently
transferred ownership of the property without first disclosing
such knowledge to the transferee;
(iii) The defense contained in this subsection (b) is not
available to any person who, by any act or omission, caused
or contributed to the release or threatened release of a hazardous substance at the facility;
(c) Any natural person who uses a hazardous substance
lawfully and without negligence for any personal or domestic
purpose in or near a dwelling or accessory structure when that
person is: (i) A resident of the dwelling; (ii) a person who,
without compensation, assists the resident in the use of the
substance; or (iii) a person who is employed by the resident,
but who is not an independent contractor;
(d) Any person who, for the purpose of growing food
crops, applies pesticides or fertilizers without negligence and
in accordance with all applicable laws and regulations.
(2004 Ed.)
Hazardous Waste Cleanup—Model Toxics Control Act
(4) There may be no settlement by the state with any person potentially liable under this chapter except in accordance
with this section.
(a) The attorney general may agree to a settlement with
any potentially liable person only if the department finds,
after public notice and any required hearing, that the proposed settlement would lead to a more expeditious cleanup of
hazardous substances in compliance with cleanup standards
under RCW 70.105D.030(2)(e) and with any remedial orders
issued by the department. Whenever practicable and in the
public interest, the attorney general may expedite such a settlement with persons whose contribution is insignificant in
amount and toxicity. A hearing shall be required only if at
least ten persons request one or if the department determines
a hearing is necessary.
(b) A settlement agreement under this section shall be
entered as a consent decree issued by a court of competent
jurisdiction.
(c) A settlement agreement may contain a covenant not
to sue only of a scope commensurate with the settlement
agreement in favor of any person with whom the attorney
general has settled under this section. Any covenant not to
sue shall contain a reopener clause which requires the court to
amend the covenant not to sue if factors not known at the time
of entry of the settlement agreement are discovered and
present a previously unknown threat to human health or the
environment.
(d) A party who has resolved its liability to the state
under this section shall not be liable for claims for contribution regarding matters addressed in the settlement. The settlement does not discharge any of the other liable parties but it
reduces the total potential liability of the others to the state by
the amount of the settlement.
(e) If the state has entered into a consent decree with an
owner or operator under this section, the state shall not
enforce this chapter against any owner or operator who is a
successor in interest to the settling party unless under the
terms of the consent decree the state could enforce against the
settling party, if:
(i) The successor owner or operator is liable with respect
to the facility solely due to that person's ownership interest or
operator status acquired as a successor in interest to the
owner or operator with whom the state has entered into a consent decree; and
(ii) The stay of enforcement under this subsection does
not apply if the consent decree was based on circumstances
unique to the settling party that do not exist with regard to the
successor in interest, such as financial hardship. For consent
decrees entered into before July 27, 1997, at the request of a
settling party or a potential successor owner or operator, the
attorney general shall issue a written opinion on whether a
consent decree contains such unique circumstances. For all
other consent decrees, such unique circumstances shall be
specified in the consent decree.
(f) Any person who is not subject to enforcement by the
state under (e) of this subsection is not liable for claims for
contribution regarding matters addressed in the settlement.
(5)(a) In addition to the settlement authority provided
under subsection (4) of this section, the attorney general may
agree to a settlement with a person not currently liable for
(2004 Ed.)
70.105D.050
remedial action at a facility who proposes to purchase, redevelop, or reuse the facility, provided that:
(i) The settlement will yield substantial new resources to
facilitate cleanup;
(ii) The settlement will expedite remedial action consistent with the rules adopted under this chapter; and
(iii) Based on available information, the department
determines that the redevelopment or reuse of the facility is
not likely to contribute to the existing release or threatened
release, interfere with remedial actions that may be needed at
the site, or increase health risks to persons at or in the vicinity
of the site.
(b) The legislature recognizes that the state does not have
adequate resources to participate in all property transactions
involving contaminated property. The primary purpose of
this subsection (5) is to promote the cleanup and reuse of
vacant or abandoned commercial or industrial contaminated
property. The attorney general and the department may give
priority to settlements that will provide a substantial public
benefit, including, but not limited to the reuse of a vacant or
abandoned manufacturing or industrial facility, or the development of a facility by a governmental entity to address an
important public purpose.
(6) Nothing in this chapter affects or modifies in any way
any person's right to seek or obtain relief under other statutes
or under common law, including but not limited to damages
for injury or loss resulting from a release or threatened
release of a hazardous substance. No settlement by the
department or remedial action ordered by a court or the
department affects any person's right to obtain a remedy
under common law or other statutes. [1997 c 406 § 4; 1994 c
254 § 4; 1989 c 2 § 4 (Initiative Measure No. 97, approved
November 8, 1988).]
F ind ing s— Inte nt— 1 997 c 40 6: See n ot e fol l ow i ng RC W
70.105D.020.
70.105D.050
70.105D.050 Enforcement. (1) With respect to any
release, or threatened release, for which the department does
not conduct or contract for conducting remedial action and
for which the department believes remedial action is in the
public interest, the director shall issue orders or agreed orders
requiring potentially liable persons to provide the remedial
action. Any liable person who refuses, without sufficient
cause, to comply with an order or agreed order of the director
is liable in an action brought by the attorney general for:
(a) Up to three times the amount of any costs incurred by
the state as a result of the party's refusal to comply; and
(b) A civil penalty of up to twenty-five thousand dollars
for each day the party refuses to comply.
The treble damages and civil penalty under this subsection
apply to all recovery actions filed on or after March 1, 1989.
(2) Any person who incurs costs complying with an
order issued under subsection (1) of this section may petition
the department for reimbursement of those costs. If the
department refuses to grant reimbursement, the person may
within thirty days thereafter file suit and recover costs by
proving that he or she was not a liable person under RCW
70.105D.040 and that the costs incurred were reasonable.
(3) The attorney general shall seek, by filing an action if
necessary, to recover the amounts spent by the department for
[Title 70 RCW—page 307]
70.105D.060
Title 70 RCW: Public Health and Safety
investigative and remedial actions and orders, and agreed
orders, including amounts spent prior to March 1, 1989.
(4) The attorney general may bring an action to secure
such relief as is necessary to protect human health and the
environment under this chapter.
(5)(a) Any person may commence a civil action to compel the department to perform any nondiscretionary duty
under this chapter. At least thirty days before commencing
the action, the person must give notice of intent to sue, unless
a substantial endangerment exists. The court may award
attorneys' fees and other costs to the prevailing party in the
action.
(b) Civil actions under this section and RCW
70.105D.060 may be brought in the superior court of Thurston county or of the county in which the release or threatened release exists.
(6) Any person who fails to provide notification of
releases consistent with RCW 70.105D.110 or who submits
false information is liable in an action brought by the attorney
general for a civil penalty of up to five thousand dollars per
day for each day the party refuses to comply. [2002 c 288 §
4; 1994 c 257 § 12; 1989 c 2 § 5 (Initiative Measure No. 97,
approved November 8, 1988).]
Effective date—2002 c 288 §§ 2-4: See note following RCW
70.105D.110.
Severability—2002 c 288: See note following RCW 70.105D.010.
Severability—1994 c 257: See note following RCW 36.70A.270.
70.105D.060
70.105D.060 Timing of review. The department's
in v e st ig a ti v e a n d r e m e d i a l d e c is io n s u n d e r R C W
70.105D.030 and 70.105D.050 and its decisions regarding
liable persons under RCW *70.105D.020(8) and
70.105D.040 shall be reviewable exclusively in superior
court and only at the following times: (1) In a cost recovery
suit under RCW 70.105D.050(3); (2) in a suit by the department to enforce an order or an agreed order, or seek a civil
penalty under this chapter; (3) in a suit for reimbursement
under RCW 70.105D.050(2); (4) in a suit by the department
to compel investigative or remedial action; and (5) in a citizen's suit under RCW 70.105D.050(5). The court shall
uphold the department's actions unless they were arbitrary
and capricious. [1994 c 257 § 13; 1989 c 2 § 6 (Initiative
Measure No. 97, approved November 8, 1988).]
*Reviser's note: RCW 70.105D.020 was amended by 1994 c 254 § 2,
changing subsection (8) to subsection (9); and was subsequently amended by
1995 c 70 § 1, changing subsection (9) to subsection (15); and was subsequently amended by 1997 c 406 § 2, changing subsection (15) to subsection
(16).
Severability—1994 c 257: See note following RCW 36.70A.270.
70.105D.070
70.105D.070 Toxics control accounts. (1) The state
toxics control account and the local toxics control account are
hereby created in the state treasury.
(2) The following moneys shall be deposited into the
state toxics control account: (a) Those revenues which are
raised by the tax imposed under RCW 82.21.030 and which
are attributable to that portion of the rate equal to thirty-three
one-hundredths of one percent; (b) the costs of remedial
actions recovered under this chapter or chapter 70.105A
RCW; (c) penalties collected or recovered under this chapter;
and (d) any other money appropriated or transferred to the
[Title 70 RCW—page 308]
account by the legislature. Moneys in the account may be
used only to carry out the purposes of this chapter, including
but not limited to the following activities:
(i) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.105
RCW;
(ii) The state's responsibility for solid waste planning,
management, regulation, enforcement, technical assistance,
and public education required under chapter 70.95 RCW;
(iii) The hazardous waste cleanup program required
under this chapter;
(iv) State matching funds required under the federal
cleanup law;
(v) Financial assistance for local programs in accordance
with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(vi) State government programs for the safe reduction,
recycling, or disposal of hazardous wastes from households,
small businesses, and agriculture;
(vii) Hazardous materials emergency response training;
(viii) Water and environmental health protection and
monitoring programs;
(ix) Programs authorized under chapter 70.146 RCW;
(x) A public participation program, including regional
citizen advisory committees;
(xi) Public funding to assist potentially liable persons to
pay for the costs of remedial action in compliance with
cleanup standards under RCW 70.105D.030(2)(e) but only
when the amount and terms of such funding are established
under a settlement agreement under RCW 70.105D.040(4)
and when the director has found that the funding will achieve
both (A) a substantially more expeditious or enhanced
cleanup than would otherwise occur, and (B) the prevention
or mitigation of unfair economic hardship; and
(xii) Development and demonstration of alternative
management technologies designed to carry out the top two
hazardous waste management priorities of RCW 70.105.150.
(3) The following moneys shall be deposited into the
local toxics control account: Those revenues which are
raised by the tax imposed under RCW 82.21.030 and which
are attributable to that portion of the rate equal to thirty-seven
one-hundredths of one percent.
(a) Moneys deposited in the local toxics control account
shall be used by the department for grants or loans to local
governments for the following purposes in descending order
of priority: (i) Remedial actions; (ii) hazardous waste plans
and programs under chapter 70.105 RCW; (iii) solid waste
plans and programs under chapters 70.95, 70.95C, 70.95I,
and 70.105 RCW; (iv) funds for a program to assist in the
assessment and cleanup of sites of methamphetamine production, but not to be used for the initial containment of such
sites, consistent with the responsibilities and intent of RCW
69.50.511; and (v) cleanup and disposal of hazardous substances from abandoned or derelict vessels that pose a threat
to human health or the environment. For purposes of this
subsection (3)(a)(v), "abandoned or derelict vessels" means
vessels that have little or no value and either have no identified owner or have an identified owner lacking financial
resources to clean up and dispose of the vessel. Funds for
plans and programs shall be allocated consistent with the priorities and matching requirements established in chapters
(2004 Ed.)
Hazardous Waste Cleanup—Model Toxics Control Act
70.105, 70.95C, 70.95I, and 70.95 RCW. During the 19992001 fiscal biennium, moneys in the account may also be
used for the following activities: Conducting a study of
whether dioxins occur in fertilizers, soil amendments, and
soils; reviewing applications for registration of fertilizers;
and conducting a study of plant uptake of metals. During the
2003-05 fiscal biennium, the legislature may transfer from
the local toxics control account to the state toxics control
account such amounts as specified in the omnibus operating
budget bill for methamphetamine lab cleanup.
(b) Funds may also be appropriated to the department of
health to implement programs to reduce testing requirements
under the federal safe drinking water act for public water systems. The department of health shall reimburse the account
from fees assessed under RCW 70.119A.115 by June 30,
1995.
(4) Except for unanticipated receipts under RCW
43.79.260 through 43.79.282, moneys in the state and local
toxics control accounts may be spent only after appropriation
by statute.
(5) One percent of the moneys deposited into the state
and local toxics control accounts shall be allocated only for
public participation grants to persons who may be adversely
affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The
primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and
remedying of releases or threatened releases of hazardous
substances and to implement the state's solid and hazardous
waste management priorities. However, during the 19992001 fiscal biennium, funding may not be granted to entities
engaged in lobbying activities, and applicants may not be
awarded grants if their cumulative grant awards under this
section exceed two hundred thousand dollars. No grant may
exceed sixty thousand dollars. Grants may be renewed annually. Moneys appropriated for public participation from
either account which are not expended at the close of any
biennium shall revert to the state toxics control account.
(6) No moneys deposited into either the state or local
toxics control account may be used for solid waste incinerator feasibility studies, construction, maintenance, or operation.
(7) The department shall adopt rules for grant or loan
issuance and performance. [2003 1st sp.s. c 25 § 933; 2001 c
27 § 2; 2000 2nd sp.s. c 1 § 912; 1999 c 309 § 923. Prior:
1998 c 346 § 905; 1998 c 81 § 2; 1997 c 406 § 5; 1994 c 252
§ 5; 1991 sp.s. c 13 § 69; 1989 c 2 § 7 (Initiative Measure No.
97, approved November 8, 1988).]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Finding—2001 c 27: "The legislature finds that there is an increasing
number of derelict vessels that have been abandoned in the waters along the
shorelines of the state. These vessels pose hazards to navigation and threaten
the environment with the potential release of hazardous materials. There is
no current federal program that comprehensively addresses this problem, and
the legislature recognizes that the state must assist in providing a solution to
this increasing hazard." [2001 c 27 § 1.]
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
(2004 Ed.)
70.105D.090
Construction—Severability—Effective date—1998 c 346: See notes
following RCW 50.24.014.
Local governments—Increased service—1998 c 81: "If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for
reimbursement by the legislature. The claims shall be subject to verification
by the office of financial management." [1998 c 81 § 3.]
F ind ing s— Inte nt— 1 997 c 40 6: See n ot e fol l ow i ng RC W
70.105D.020.
Finding—Effective date—1994 c 252: See notes following RCW
70.119A.020.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
70.105D.080
70.105D.080 Private right of action—Remedial
action costs. Except as provided in RCW 70.105D.040(4)
(d) and (f), a person may bring a private right of action,
including a claim for contribution or for declaratory relief,
against any other person liable under RCW 70.105D.040 for
the recovery of remedial action costs. In the action, natural
resource damages paid to the state under this chapter may
also be recovered. Recovery shall be based on such equitable
factors as the court determines are appropriate. Remedial
action costs shall include reasonable attorneys' fees and
expenses. Recovery of remedial action costs shall be limited
to those remedial actions that, when evaluated as a whole, are
the substantial equivalent of a department-conducted or
department-supervised remedial action. Substantial equivalence shall be determined by the court with reference to the
rules adopted by the department under this chapter. An action
under this section may be brought after remedial action costs
are incurred but must be brought within three years from the
date remedial action confirms cleanup standards are met or
within one year of May 12, 1993, whichever is later. The prevailing party in such an action shall recover its reasonable
attorneys' fees and costs. This section applies to all causes of
action regardless of when the cause of action may have
arisen. To the extent a cause of action has arisen prior to May
12, 1993, this section applies retroactively, but in all other
respects it applies prospectively. [1997 c 406 § 6; 1993 c 326
§ 1.]
F ind ing s— Inte nt— 1 997 c 40 6: See n ot e fol l ow i ng RC W
70.105D.020.
Effective date—1993 c 326: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 12, 1993]." [1993 c 326 § 2.]
Severability—1993 c 326: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 326 § 3.]
70.105D.090
70.105D.090 Remedial actions—Exemption from
procedural requirements. (1) A person conducting a remedial action at a facility under a consent decree, order, or
agreed order, and the department when it conducts a remedial
action, are exempt from the procedural requirements of chapters 70.94, 70.95, 70.105, 77.55, 90.48, and 90.58 RCW, and
the procedural requirements of any laws requiring or authorizing local government permits or approvals for the remedial
action. The department shall ensure compliance with the
substantive provisions of chapters 70.94, 70.95, 70.105,
77.55, 90.48, and 90.58 RCW, and the substantive provisions
[Title 70 RCW—page 309]
70.105D.100
Title 70 RCW: Public Health and Safety
of any laws requiring or authorizing local government permits of approvals. The department shall establish procedures
for ensuring that such remedial actions comply with the substantive requirements adopted pursuant to such laws, and
shall consult with the state agencies and local governments
charged with implementing these laws. The procedures shall
provide an opportunity for comment by the public and by the
state agencies and local governments that would otherwise
implement the laws referenced in this section. Nothing in
this section is intended to prohibit implementing agencies
from charging a fee to the person conducting the remedial
action to defray the costs of services rendered relating to the
substantive requirements for the remedial action.
(2) An exemption in this section or in RCW 70.94.335,
70.95.270, 70.105.116, 77.55.030, 90.48.039, and 90.58.355
shall not apply if the department determines that the exemption would result in loss of approval from a federal agency
necessary for the state to administer any federal law, including the federal resource conservation and recovery act, the
federal clean water act, the federal clean air act, and the federal coastal zone management act. Such a determination by
the department shall not affect the applicability of the exemptions to other statutes specified in this section. [2003 c 39 §
30; 1994 c 257 § 14.]
Severability—1994 c 257: See note following RCW 36.70A.270.
70.105D.100
70.105D.100 Grants to local governments—Statement of environmental benefits—Development of outcome-focused performance measures. In providing grants
to local governments, the department shall require grant
recipients to incorporate the environmental benefits of the
project into their grant applications, and the department shall
utilize the statement of environmental benefit[s] in its prioritization and selection process. The department shall also
develop appropriate outcome-focused performance measures
to be used both for management and performance assessment
of the grant program. To the extent possible, the department
should coordinate its performance measure system with other
natural resource-related agencies as defined in RCW
43.41.270. The department shall consult with affected interest groups in implementing this section. [2001 c 227 § 5.]
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
70.105D.110
70.105D.110 Releases of hazardous substances—
Notice—Exemptions. (1) Except as provided in subsection
(5) of this section, any owner or operator of a facility that is
actively transitioning from operating under a federal permit
for treatment, storage, or disposal of hazardous waste issued
under 42 U.S.C. Sec. 6925 to operating under the provisions
of this chapter, who has information that a hazardous substance has been released to the environment at the owner or
operator's facility that may be a threat to human health or the
environment, shall issue a notice to the department within
ninety days. The notice shall include a description of any
remedial actions planned, completed, or underway.
(2) The notice must be posted in a visible, publicly
accessible location on the facility, to remain in place until all
remedial actions except confirmational monitoring are complete.
[Title 70 RCW—page 310]
(3) After receiving the notice from the facility, the
department must review the notice and mail a summary of its
contents, along with any additional information deemed
appropriate by the department, to:
(a) Each residence and landowner of a residence whose
property boundary is within three hundred feet of the boundary of the property where the release occurred or if the release
occurred from a pipeline or other facility that does not have a
property boundary, within three hundred feet of the actual
release;
(b) Each business and landowner of a business whose
property boundary is within three hundred feet of the boundary of the property where the release occurred;
(c) Each residence, landowner of a residence, and business with a property boundary within the area where hazardous substances have come to be located as a result of the
release;
(d) Neighborhood associations and community organizations representing an area within one mile of the facility
and recognized by the city or county with jurisdiction within
this area;
(e) The city, county, and local health district with jurisdiction within the areas described in (a), (b), and (c) of this
subsection; and
(f) The department of health.
(4) A notice produced by a facility shall provide the following information:
(a) The common name of any hazardous substances
released and, if available, the chemical abstract service registry number of these substances;
(b) The address of the facility where the release
occurred;
(c) The date the release was discovered;
(d) The cause and date of the release, if known;
(e) The remedial actions being taken or planned to
address the release;
(f) The potential health and environmental effects of the
hazardous substances released; and
(g) The name, address, and telephone number of a contact person at the facility where the release occurred.
(5) The following releases are exempt from the notification requirements in this section:
(a) Application of pesticides and fertilizers for their
intended purposes and according to label instructions;
(b) The lawful and nonnegligent use of hazardous household substances by a natural person for personal or domestic
purposes;
(c) The discharge of hazardous substances in compliance
with permits issued under chapter 70.94, 90.48, or 90.56
RCW;
(d) De minimis amounts of any hazardous substance
leaked or discharged onto the ground;
(e) The discharge of hazardous substances to a permitted
waste water treatment facility or from a permitted waste
water collection system or treatment facility as allowed by a
facility's discharge permit;
(f) Any releases originating from a single-family or multifamily residence, including but not limited to the discharge
of oil from a residential home heating oil tank with the capacity of five hundred gallons or less;
(2004 Ed.)
Poison Prevention—Labeling and Packaging
(g) Any spill on a public road, street, or highway or to
surface waters of the state that has previously been reported
to the United States coast guard and the state division of
emergency management under chapter 90.56 RCW;
(h) Any release of hazardous substances to the air;
(i) Any release that occurs on agricultural land, including
land used to grow trees for the commercial production of
wood or wood fiber, that is at least five acres in size, when the
effects of the release do not come within three hundred feet of
any property boundary. For the purposes of this subsection,
agricultural land includes incidental uses that are compatible
with agricultural or silvicultural purposes, including, but not
limited to, land used for the housing of the owner, operator,
or employees, structures used for the storage or repair of
equipment, machinery, and chemicals, and any paths or roads
on the land; and
(j) Releases that, before January 1, 2003, have been previously reported to the department, or remediated in compliance with a settlement agreement under RCW
70.105D.040(4) or enforcement order or agreed order issued
under this chapter or have been the subject of an opinion from
the department under RCW 70.105D.030(1)(i) that no further
remedial action is required.
An exemption from the notification requirements of this
section does not exempt the owner or operator of a facility
from any other notification or reporting requirements, or
imply a release from liability under this chapter.
(6) If a significant segment of the community to be notified speaks a language other than English, an appropriate
translation of the notice must also be posted and mailed to the
department in accordance with the requirements of this section.
(7) The facility where the release occurred is responsible
for reimbursing the department within thirty days for the
actual costs associated with the production and mailing of the
notices under this section. [2002 c 288 § 2.]
Effective date—2002 c 288 §§ 2-4: "Sections 2 through 4 of this act
take effect January 1, 2003." [2002 c 288 § 6.]
Severability—2002 c 288: See note following RCW 70.105D.010.
70.105D.900
70.105D.900 Short title—1989 c 2. This act shall be
known as "the model toxics control act." [1989 c 2 § 22 (Initiative Measure No. 97, approved November 8, 1988).]
70.106.030
70.105D.920
70.105D.920 Effective date—1989 c 2. (1) Sections 1
through 24 of this act shall take effect March 1, 1989, except
that the director of ecology and the director of revenue may
take whatever actions may be necessary to ensure that sections 1 through 24 of this act are implemented on their effective date.
*(2) This section does not apply and shall have no force
or effect if (a) this act is passed by the legislature in the 1988
regular session or (b) no bill is enacted by the legislature
involving hazardous substance cleanup (along with any other
subject matter) between August 15, 1987, and January 1,
1988. [1989 c 2 § 26 (Initiative Measure No. 97, approved
November 8, 1988).]
*Reviser's note: Neither condition contained in subsection (2) was
met.
70.105D.921
70.105D.921 Severability—1989 c 2. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 2 § 18 (Initiative Measure No. 97, approved November 8, 1988).]
Chapter 70.106
Chapter 70.106 RCW
POISON PREVENTION—LABELING
AND PACKAGING
Sections
70.106.010
70.106.020
70.106.030
70.106.040
70.106.050
70.106.060
70.106.070
70.106.080
70.106.090
70.106.100
70.106.110
70.106.120
70.106.140
70.106.150
70.106.900
70.106.905
70.106.910
Purpose.
Short title.
Definitions—Construction.
"Director" defined.
"Sale" defined.
"Household substance" defined.
"Package" defined.
"Special packaging" defined.
"Labeling" defined.
Standards for packaging.
Exceptions from packaging standards.
Adoption of rules and regulations under federal poison prevention packaging act.
Penalties.
Authority to adopt regulations—Delegation of authority to
board of pharmacy.
Severability—1974 ex.s. c 49.
Saving—1974 ex.s. c 49.
Chapter cumulative and nonexclusive.
Radioactive and hazardous waste emergency response programs, state coordinator: RCW 38.52.030.
70.105D.905
70.105D.905 Captions—1989 c 2. As used in this act,
captions constitute no part of the law. [1989 c 2 § 21 (Initiative Measure No. 97, approved November 8, 1988).]
70.105D.910
70.105D.910 Construction—1989 c 2. The provisions
of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of conflict between
the provisions of this act and any other act, the provisions of
this act shall govern. [1989 c 2 § 19 (Initiative Measure No.
97, approved November 8, 1988).]
70.105D.915
70.105D.915 Existing agreements—1989 c 2. The
consent orders and decrees in effect on March 1, 1989, shall
remain valid and binding. [1989 c 2 § 20 (Initiative Measure
No. 97, approved November 8, 1988).]
(2004 Ed.)
70.106.010
70.106.010 Purpose. The purpose of this chapter is to
provide for special packaging to protect children from personal injury, serious illness or death resulting from handling,
using or ingesting household substances, and to provide penalties. [1974 ex.s. c 49 § 1.]
70.106.020
70.106.020 Short title. This chapter shall be cited as
the Washington Poison Prevention Act of 1974. [1974 ex.s.
c 49 § 2.]
70.106.030
70.106.030 Definitions—Construction. The definitions in RCW 70.106.040 through 70.106.090 unless the context otherwise requires shall govern the construction of this
chapter. [1974 ex.s. c 49 § 3.]
[Title 70 RCW—page 311]
70.106.040
Title 70 RCW: Public Health and Safety
70.106.040
70.106.040 "Director" defined. "Director" means the
director of the department of agriculture of the state of Washington, or his duly authorized representative. [1974 ex.s. c 49
§ 4.]
(2) Any shipping container or outer wrapping used by
retailers to ship or deliver any household substance to consumers unless it is the only such container or wrapping.
[1974 ex.s. c 49 § 7.]
70.106.050
70.106.050 "Sale" defined. "Sale" means to sell, offer
for sale, hold for sale, handle or use as an inducement in the
promotion of a household substance or the sale of another
article or product. [1974 ex.s. c 49 § 5.]
70.106.060
70.106.060 "Household substance" defined. "Household substance" means any substance which is customarily
produced or distributed for sale for consumption or use, or
customarily stored, by individuals in or about the household
and which is:
(1) A "hazardous substance", which means (a) any substance or mixture of substances or product which (i) is toxic,
(ii) is corrosive, (iii) is an irritant, (iv) is a strong sensitizer,
(v) is flammable or combustible, or (vi) generates pressure
through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate
result of any customary or reasonably foreseeable handling or
use, including reasonably foreseeable ingestion by children;
(b) any substances which the director by regulation finds to
meet the requirements of subsection (1)(a) of this section; (c)
any radioactive substance, if, with respect to such substance
as used in a particular class of article or as packaged, the
director determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this
chapter in order to protect the public health, safety or welfare;
and (d) any toy or other article intended for use by children
which the director by regulation determines presents an electrical, mechanical or thermal hazard.
(2) A pesticide as defined in the Washington Pesticide
Control Act, chapter 15.58 RCW as now or hereafter
amended;
(3) A food, drug, or cosmetic as those terms are defined
in the Uniform Washington Food, Drug and Cosmetic Act,
chapter 69.04 RCW as now or hereafter amended; or
(4) A substance intended for use as fuel when stored in
portable containers and used in the heating, cooking, or
refrigeration system of a house; or
(5) Any other substance which the director may declare
to be a household substance subsequent to a hearing as provided for under the provisions of chapter 34.05 RCW,
Administrative Procedure Act, for the adoption of rules.
[1974 ex.s. c 49 § 6.]
70.106.070
70.106.070 "Package" defined. "Package" means the
immediate container or wrapping in which any household
substance is contained for consumption, use, or storage by
individuals in or about the household, and, for purposes of
RCW 70.106.110(1)(b), also means any outer container or
wrapping used in the retail display of any such substance to
consumers. Such term does not include:
(1) Any shipping container or wrapping used solely for
the transportation of any household substance in bulk or in
quantity to manufacturers, packers, or processors, or to
wholesale or retail distributors thereof; or
[Title 70 RCW—page 312]
70.106.080
70.106.080 "Special packaging" defined. "Special
packaging" means packaging that is designed or constructed
to be significantly difficult for children under five years of
age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean
packaging which all such children cannot open or obtain a
toxic or harmful amount within a reasonable time. [1974
ex.s. c 49 § 8.]
70.106.090
70.106.090 "Labeling" defined. "Labeling" means all
labels and other written, printed, or graphic matter upon any
household substance or its package, or accompanying such
substance. [1974 ex.s. c 49 § 9.]
70.106.100
70.106.100 Standards for packaging. (1) The director
may establish in accordance with the provisions of this chapter, by regulation, standards for the special packaging of any
household substance if he finds that:
(a) The degree or nature of the hazard to children in the
availability of such substance, by reason of its packaging is
such that special packaging is required to protect children
from serious personal injury or serious illness resulting from
handling, using or ingesting such substance; and
(b) The special packaging to be required by such standard is technically feasible, practicable, and appropriate for
such substance.
(2) In establishing a standard under this section, the
director shall consider:
(a) The reasonableness of such standard;
(b) Available scientific, medical, and engineering data
concerning special packaging and concerning childhood
accidental ingestions, illness, and injury caused by household
substances;
(c) The manufacturing practices of industries affected by
this chapter; and
(d) The nature and use of the household substance.
(3) In carrying out the provisions of this chapter, the
director shall publish his findings, his reasons therefor, and
citation of the sections of statutes which authorize his action.
(4) Nothing in this chapter authorizes the director to prescribe specific packaging designs, product content, package
quantity, or, with the exception of authority granted in RCW
70.106.110(1)(b), labeling. In the case of a household substance for which special packaging is required pursuant to a
regulation under this section, the director may in such regulation prohibit the packaging of such substance in packages
which he determines are unnecessarily attractive to children.
(5) The director shall cause the regulations promulgated
under this chapter to conform with the requirements or
exemptions of the Federal Hazardous Substances Act and
with the regulations or interpretations promulgated pursuant
thereto. [1974 ex.s. c 49 § 10.]
(2004 Ed.)
Noise Control
70.106.110
70.106.110 Exceptions from packaging standards.
(1) For the purpose of making any household substance
which is subject to a standard established under RCW
70.106.100 readily available to elderly or handicapped persons unable to use such substance when packaged in compliance with such standard, the manufacturer or packer, as the
case may be, may package any household substance, subject
to such a standard, in packaging of a single size which does
not comply with such standard if:
(a) The manufacturer or packer also supplies such substance in packages which comply with such standard; and
(b) The packages of such substance which do not meet
such standard bear conspicuous labeling stating: "This package for households without young children"; except that the
director may by regulation prescribe a substitute statement to
the same effect for packaging too small to accommodate such
labeling.
(2) In the case of a household substance which is subject
to such a standard and which is dispensed pursuant to an
order of a physician, dentist, or other licensed medical practitioner authorized to prescribe, such substance may be dispensed in noncomplying packages only when directed in
such order or when requested by the purchaser.
(3) In the case of a household substance subject to such a
standard which is packaged under subsection (1) of this section in a noncomplying package, if the director determines
that such substance is not also being supplied by a manufacturer or packer in popular size packages which comply with
such standard, he may, after giving the manufacturer or
packer an opportunity to comply with the purposes of this
chapter, by order require such substance to be packaged by
such manufacturer or packer exclusively in special packaging
complying with such standard if he finds, after opportunity
for hearing, that such exclusive use of special packaging is
necessary to accomplish the purposes of this chapter. [1974
ex.s. c 49 § 11.]
70.106.120
70.106.120 Adoption of rules and regulations under
federal poison prevention packaging act. One of the purposes of this chapter is to promote uniformity with the Poison
Prevention Packaging Act of 1970 and rules and regulations
adopted thereunder. In accordance with such declared purpose, all of the special packaging rules and regulations
adopted under the Poison Prevention Packaging Act of 1970
(84 Stat. 1670; 7 U.S.C. Sec. 135; 15 U.S.C. Sec. 1261, 14711476; 21 U.S.C. Sec. 343, 352, 353, 362) on July 24, 1974,
are hereby adopted as rules and regulations applicable to this
chapter. In addition, any rule or regulation adopted hereafter
under said Federal Poison Prevention Act of 1970 concerning
special packaging and published in the federal register shall
be deemed to have been adopted under the provisions of this
chapter. The director may, however, within thirty days of the
publication of the adoption of any such rule or regulation
under the Federal Poison Prevention Packaging Act of 1970,
give public notice that a hearing will be held to determine if
such regulations shall not be applicable under the provisions
of this chapter. Such hearing shall be conducted in accord
with the provisions of chapter 34.05 RCW, Administrative
Procedure Act, as now enacted or hereafter amended. [1974
ex.s. c 49 § 12.]
(2004 Ed.)
70.107.010
70.106.140 Penalties. (1) Except as provided in subsection (2) of this section, any person violating the provisions of
this chapter or rules adopted under this chapter is guilty of a
misdemeanor.
(2) A second or subsequent violation of the provisions of
this chapter or rules adopted under this chapter is a gross misdemeanor. Any offense committed more than five years after
a previous conviction shall be considered a first offense.
[2003 c 53 § 358; 1974 ex.s. c 49 § 16.]
70.106.140
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.106.150 Authority to adopt regulations—Delegation of authority to board of pharmacy. The authority to
promulgate regulations for the efficient enforcement of this
chapter is hereby vested in the director. However, the director
shall designate the Washington state board of pharmacy to
carry out all the provisions of this chapter pertaining to drugs
and cosmetics, with authority to promulgate regulations for
the efficient enforcement thereof. [1987 c 236 § 1.]
70.106.150
70.106.900 Severability—1974 ex.s. c 49. If any provision of this 1974 act is declared unconstitutional, or the
applicability thereof to any person or circumstance is held
invalid, the constitutionality of the remainder of the act and
the applicability thereof to other persons and circumstances
shall not be affected thereby. [1974 ex.s. c 49 § 14.]
70.106.900
70.106.905
70.106.905 Saving—1974 ex.s. c 49. The enactment of
this 1974 act shall not have the effect of terminating, or in any
way modifying any liability, civil or criminal, which shall
already be in existence on July 24, 1974. [1974 ex.s. c 49 §
15.]
70.106.910
70.106.910 Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy. [1974 ex.s. c
49 § 17.]
Chapter 70.107
Chapter 70.107 RCW
NOISE CONTROL
Sections
70.107.010
70.107.020
70.107.030
70.107.040
70.107.050
70.107.060
70.107.070
70.107.080
70.107.900
70.107.910
Purpose.
Definitions.
Powers and duties of department.
Technical advisory committee.
Civil penalties.
Other rights, remedies, powers, duties and functions—Local
regulation—Approval—Procedure.
Rules relating to motor vehicles—Violations—Penalty.
Exemptions.
Construction—Severability—1974 ex.s. c 183.
Short title.
70.107.010
70.107.010 Purpose. The legislature finds that inadequately controlled noise adversely affects the health, safety
and welfare of the people, the value of property, and the quality of the environment. Antinoise measures of the past have
not adequately protected against the invasion of these interests by noise. There is a need, therefore, for an expansion of
efforts statewide directed toward the abatement and control
of noise, considering the social and economic impact upon
[Title 70 RCW—page 313]
70.107.020
Title 70 RCW: Public Health and Safety
the community and the state. The purpose of this chapter is to
provide authority for such an expansion of efforts, supplementing existing programs in the field. [1974 ex.s. c 183 §
1.]
70.107.020
70.107.020 Definitions. As used in this chapter, unless
the context clearly indicates otherwise:
(1) "Department" means the department of ecology.
(2) "Director" means director of the department of ecology.
(3) "Local government" means county or city government or any combination of the two.
(4) "Noise" means the intensity, duration and character
of sounds from any and all sources.
(5) "Person" means any individual, corporation, partnership, association, governmental body, state, or other entity
whatsoever. [1974 ex.s. c 183 § 2.]
70.107.030
70.107.030 Powers and duties of department. The
department is empowered as follows:
(1) The department, after consultation with state agencies expressing an interest therein, shall adopt, by rule, maximum noise levels permissible in identified environments in
order to protect against adverse affects of noise on the health,
safety and welfare of the people, the value of property, and
the quality of environment: PROVIDED, That in so doing
the department shall take also into account the economic and
practical benefits to be derived from the use of various products in each such environment, whether the source of the
noise or the use of such products in each environment is permanent or temporary in nature, and the state of technology
relative to the control of noise generated by all such sources
of the noise or the products.
(2) At any time after the adoption of maximum noise levels under subsection (1) of this section the department shall,
in consultation with state agencies and local governments
expressing an interest therein, adopt rules, consistent with the
Federal Noise Control Act of 1972 (86 Stat. 1234; 42 U.S.C.
Sec. 4901-4918 and 49 U.S.C. Sec. 1431), for noise abatement and control in the state designed to achieve compliance
with the noise level adopted in subsection (1) of this section,
including reasonable implementation schedules where appropriate, to insure that the maximum noise levels are not
exceeded and that application of the best practicable noise
control technology and practice is provided. These rules may
include, but shall not be limited to:
(a) Performance standards setting allowable noise limits
for the operation of products which produce noise;
(b) Use standards regulating, as to time and place, the
operation of individual products which produce noise above
specified levels considering frequency spectrum and duration: PROVIDED, The rules shall provide for temporarily
exceeding those standards for stated purposes; and
(c) Public information requirements dealing with disclosure of levels and characteristics of noise produced by products.
(3) The department may, as desirable in the performance
of its duties under this chapter, conduct surveys, studies and
public education programs, and enter into contracts.
[Title 70 RCW—page 314]
(4) The department is authorized to apply for and accept
moneys from the federal government and other sources to
assist in the implementation of this chapter.
(5) The legislature recognizes that the operation of motor
vehicles on public highways as defined in RCW 46.09.020
contributes significantly to environmental noise levels and
directs the department, in exercising the rule-making authority under the provisions of this section, to give first priority to
the adoption of motor vehicle noise performance standards.
(6) Noise levels and rules adopted by the department
pursuant to this chapter shall not be effective prior to March
31, 1975. [1974 ex.s. c 183 § 3.]
70.107.040
70.107.040 Technical advisory committee. The director shall name a technical advisory committee to assist the
department in the implementation of this chapter. Committee
members shall be entitled to reimbursement for travel
expenses as provided in RCW 43.03.050 and 43.03.060, as
now existing or hereafter amended. [1975-'76 2nd ex.s. c 34
§ 164; 1974 ex.s. c 183 § 4.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
70.107.050
70.107.050 Civil penalties. (1) Any person who violates any rule adopted by the department under this chapter
shall be subject to a civil penalty not to exceed one hundred
dollars imposed by local government pursuant to this section.
An action under this section shall not preclude enforcement
of any provisions of the local government noise ordinance.
Penalties shall become due and payable thirty days from
the date of receipt of a notice of penalty unless within such
time said notice is appealed in accordance with the administrative procedures of the local government, or if it has no such
administrative appeal, to the pollution control hearings board
pursuant to the provisions of chapter 43.21B RCW and procedural rules adopted thereunder. In cases in which appeals
are timely filed, penalties sustained by the local administrative agency or the pollution control hearings board shall
become due and payable on the issuance of said agency or
board's final order in the appeal.
(2) Whenever penalties incurred pursuant to this section
have become due and payable but remain unpaid, the attorney
for the local government may bring an action in the superior
court of the county in which the violation occurred for recovery of penalties incurred. In all such actions the procedures
and rules of evidence shall be the same as in any other civil
action. [1987 c 103 § 2; 1974 ex.s. c 183 § 5.]
70.107.060
70.107.060 Other rights, remedies, powers, duties
and functions—Local regulation—Approval—Procedure. (1) Nothing in this chapter shall be construed to deny,
abridge or alter alternative rights of action or remedies in
equity or under common law or statutory law, criminal or
civil.
(2) Nothing in this chapter shall deny, abridge or alter
any powers, duties and functions relating to noise abatement
and control now or hereafter vested in any state agency, nor
shall this chapter be construed as granting jurisdiction over
the industrial safety and health of employees in work places
(2004 Ed.)
Outdoor Music Festivals
of the state, as now or hereafter vested in the department of
labor and industries.
(3) Standards and other control measures adopted by the
department under this chapter shall be exclusive except as
hereinafter provided. A local government may impose limits
or control sources differing from those adopted or controlled
by the department upon a finding that such requirements are
necessitated by special conditions. Noise limiting requirements of local government which differ from those adopted
or controlled by the department shall be invalid unless first
approved by the department. If the department of ecology
fails to approve or disapprove standards submitted by local
governmental jurisdictions within ninety days of submittal,
such standards shall be deemed approved. If disapproved, the
local government may appeal the decision to the pollution
control hearings board which shall decide the appeal on the
basis of the provisions of this chapter, and the applicable regulations, together with such briefs, testimony, and oral argument as the hearings board in its discretion may require. The
department determination of whether to grant approval shall
depend on the reasonableness and practicability of compliance. Particular attention shall be given to stationary sources
located near jurisdictional boundaries, and temporary noise
producing operations which may operate across one or more
jurisdictional boundaries.
(4) In carrying out the rule-making authority provided in
this chapter, the department shall follow the procedures of the
administrative procedure act, chapter 34.05 RCW, and shall
take care that no rules adopted purport to exercise any powers
preempted by the United States under federal law. [1987 c
103 § 1; 1974 ex.s. c 183 § 6.]
70.107.070
70.107.070 Rules relating to motor vehicles—Violations—Penalty. Any rule adopted under this chapter relating
to the operation of motor vehicles on public highways shall
be administered according to testing and inspection procedures adopted by rule by the state patrol. Violation of any
motor vehicle performance standard adopted pursuant to this
chapter shall be a misdemeanor, enforced by such authorities
and in such manner as violations of chapter 46.37 RCW. Violations subject to the provisions of this section shall be
exempt from the provisions of RCW 70.107.050. [1987 c
330 § 749; 1974 ex.s. c 183 § 7.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
70.108.020
(2) If any provision of this chapter, or its application to
any person or circumstance is held invalid, the remainder of
the chapter, or the application of the provision to other persons or circumstances is not affected. [1974 ex.s. c 183 § 11.]
70.107.910
70.107.910 Short title. This chapter shall be known and
may be cited as the "Noise Control Act of 1974". [1974 ex.s.
c 183 § 12.]
Chapter 70.108
Chapter 70.108 RCW
OUTDOOR MUSIC FESTIVALS
Sections
70.108.010
70.108.020
70.108.030
70.108.040
70.108.050
70.108.060
70.108.070
70.108.080
70.108.090
70.108.100
70.108.110
70.108.120
70.108.130
70.108.140
70.108.150
70.108.160
70.108.170
Legislative declaration.
Definitions.
Permits—Required—Compliance with rules and regulations.
Application for permit—Contents—Filing.
Approval or denial of permit—Corrections—Procedure—
Judicial review.
Reimbursement of expenses incurred in reviewing request.
Cash deposit—Surety bond—Insurance.
Revocation of permits.
Drugs prohibited.
Proximity to schools, churches, homes.
Age of patrons.
Permits—Posting—Transferability.
Penalty.
Inspection of books and records.
Firearms—Penalty.
Preparations—Completion requirements.
Local regulations and ordinances not precluded.
Reviser's note: Throughout chapter 70.108 RCW the references to
"this act" have been changed to "this chapter." "This act" [1971 ex.s. c 302]
consists of this chapter, the 1971 amendments to RCW 9.40.110-9.40.130,
9.41.010, 9.41.070, 26.44.050, 70.74.135, 70.74.270, 70.74.280, and the
enactment of RCW 9.27.015 and 9.91.110.
70.108.010
70.108.010 Legislative declaration. The legislature
hereby declares it to be the public interest, and for the protection of the health, welfare and property of the residents of the
state of Washington to provide for the orderly and lawful
conduct of outdoor music festivals by assuring that proper
sanitary, health, fire, safety, and police measures are provided and maintained. This invocation of the police power is
prompted by and based upon prior experience with outdoor
music festivals where the enforcement of the existing laws
and regulations on dangerous and narcotic drugs, indecent
exposure, intoxicating liquor, and sanitation has been rendered most difficult by the flagrant violations thereof by a
large number of festival patrons. [1971 ex.s. c 302 § 19.]
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
70.107.080
70.107.080 Exemptions. The department shall, in the
exercise of rule-making power under this chapter, provide
exemptions or specially limited regulations relating to recreational shooting and emergency or law enforcement equipment where appropriate in the interests of public safety.
The department in the development of rules under this
chapter, shall consult and take into consideration the land use
policies and programs of local government. [1974 ex.s. c 183
§ 8.]
70.107.900
70.107.900 Construction—Severability—1974 ex.s. c
183. (1) This chapter shall be liberally construed to carry out
its broad purposes.
(2004 Ed.)
70.108.020
70.108.020 Definitions. For the purposes of this chapter the following words and phrases shall have the indicated
meanings:
(1) "Outdoor music festival" or "music festival" or "festival" means an assembly of persons gathered primarily for
outdoor, live or recorded musical entertainment, where the
predicted attendance is two thousand persons or more and
where the duration of the program is five hours or longer:
PROVIDED, That this definition shall not be applied to any
regularly established permanent place of worship, stadium,
athletic field, arena, auditorium, coliseum, or other similar
permanently established places of assembly for assemblies
which do not exceed by more than two hundred fifty people
[Title 70 RCW—page 315]
70.108.030
Title 70 RCW: Public Health and Safety
the maximum seating capacity of the structure where the
assembly is held: PROVIDED, FURTHER, That this definition shall not apply to government sponsored fairs held on
regularly established fairgrounds nor to assemblies required
to be licensed under other laws or regulations of the state.
(2) "Promoter" means any person or other legal entity
issued a permit to conduct an outdoor music festival.
(3) "Applicant" means the promoter who has the right of
control of the conduct of an outdoor music festival who
applies to the appropriate legislative authority for a license to
hold an outdoor music festival.
(4) "Issuing authority" means the legislative body of the
local governmental unit where the site for an outdoor music
festival is located.
(5) "Participate" means to knowingly provide or deliver
to the festival site supplies, materials, food, lumber, beverages, sound equipment, generators, or musical entertainment
and/or to attend a music festival. A person shall be presumed
to have knowingly provided as that phrase is used herein after
he has been served with a court order. [1971 ex.s. c 302 §
21.]
70.108.030
70.108.030 Permits—Required—Compliance with
rules and regulations. No person or other legal entity shall
knowingly allow, conduct, hold, maintain, cause to be advertised or permit an outdoor music festival unless a valid permit
has been obtained from the issuing authority for the operation
of such music festival as provided for by this chapter. One
such permit shall be required for each outdoor music festival.
A permit may be granted for a period not to exceed sixteen
consecutive days and a festival may be operated during any
or all of the days within such period. Any person, persons,
partnership, corporation, association, society, fraternal or
social organization, failing to comply with the rules, regulations or conditions contained in this chapter shall be subject
to the appropriate penalties as prescribed by this chapter.
[1971 ex.s. c 302 § 22.]
70.108.040
70.108.040 Application for permit—Contents—Filing. Application for an outdoor music festival permit shall be
in writing and filed with the clerk of the issuing authority
wherein the festival is to be held. Said application shall be
filed not less than ninety days prior to the first scheduled day
of the festival and shall be accompanied with a permit fee in
the amount of two thousand five hundred dollars. Said application shall include:
(1) The name of the person or other legal entity on behalf
of whom said application is made: PROVIDED, That a natural person applying for such permit shall be eighteen years
of age or older;
(2) A financial statement of the applicant;
(3) The nature of the business organization of the applicant;
(4) Names and addresses of all individuals or other entities having a ten percent or more proprietary interest in the
festival;
(5) The principal place of business of applicant;
(6) A legal description of the land to be occupied, the
name and address of the owner thereof, together with a document showing the consent of said owner to the issuance of a
[Title 70 RCW—page 316]
permit, if the land be owned by a person other than the applicant;
(7) The scheduled performances and program;
(8) Written confirmation from the local health officer
that he or she has reviewed and approved plans for site and
development in accordance with rules, regulations and standards adopted by the state board of health. Such rules and
regulations shall include criteria as to the following and such
other matters as the state board of health deems necessary to
protect the public's health:
(a) Submission of plans
(b) Site
(c) Water supply
(d) Sewage disposal
(e) Food preparation facilities
(f) Toilet facilities
(g) Solid waste
(h) Insect and rodent control
(i) Shelter
(j) Dust control
(k) Lighting
(l) Emergency medical facilities
(m) Emergency air evacuation
(n) Attendant physicians
(o) Communication systems
(9) A written confirmation from the appropriate law
enforcement agency from the area where the outdoor music
festival is to take place, showing that traffic control and
crowd protection policing have been contracted for or otherwise provided by the applicant meeting the following conditions:
(a) One person for each two hundred persons reasonably
expected to be in attendance at any time during the event for
purposes of traffic and crowd control.
(b) The names and addresses of all traffic and crowd control personnel shall be provided to the appropriate law
enforcement authority: PROVIDED, That not less than
twenty percent of the traffic and crowd control personnel
shall be commissioned police officers or deputy sheriffs:
PROVIDED FURTHER, That on and after February 25,
1972 any commissioned police officer or deputy sheriff who
is employed and compensated by the promoter of an outdoor
music festival shall not be eligible and shall not receive any
benefits whatsoever from any public pension or disability
plan of which he or she is a member for the time he is so
employed or for any injuries received during the course of
such employment.
(c) During the hours that the festival site shall be open to
the public there shall be at least one regularly commissioned
police officer employed by the jurisdiction wherein the festival site is located for every one thousand persons in attendance and said officer shall be on duty within the confines of
the actual outdoor music festival site.
(d) All law enforcement personnel shall be charged with
enforcing the provisions of this chapter and all existing statutes, ordinances and regulations.
(10) A written confirmation from the appropriate law
enforcement authority that sufficient access roads are available for ingress and egress to the parking areas of the outdoor
music festival site and that parking areas are available on the
actual site of the festival or immediately adjacent thereto
(2004 Ed.)
Outdoor Music Festivals
which are capable of accommodating one auto for every four
persons in estimated attendance at the outdoor music festival
site.
(11) A written confirmation from the department of natural resources, where applicable, and the chief of the Washington state patrol, through the director of fire protection, that
all fire prevention requirements have been complied with.
(12) A written statement of the applicant that all state
and local law enforcement officers, fire control officers and
other necessary governmental personnel shall have free
access to the site of the outdoor music festival.
(13) A statement that the applicant will abide by the provisions of this chapter.
(14) The verification of the applicant warranting the
truth of the matters set forth in the application to the best of
the applicant's knowledge, under the penalty of perjury.
[1995 c 369 § 59; 1986 c 266 § 120; 1972 ex.s. c 123 § 1;
1971 ex.s. c 302 § 23.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.108.050
70.108.050 Approval or denial of permit—Corrections—Procedure—Judicial review. Within fifteen days
after the filing of the application the issuing authority shall
either approve or deny the permit to the applicant. Any denial
shall set forth in detail the specific grounds therefor. The
applicant shall have fifteen days after the receipt of such
denial or such additional time as the issuing authority shall
grant to correct the deficiencies set forth and the issuing
authority shall within fifteen days after receipt of such corrections either approve or deny the permit. Any denial shall set
forth in detail the specific grounds therefor.
After the applicant has filed corrections and the issuing
authority has thereafter again denied the permit, the applicant
may within five days after receipt of such second denial seek
judicial review of such denial by filing a petition in the superior court for the county of the issuing authority. The review
shall take precedence over all other civil actions and shall be
conducted by the court without a jury. The court shall, upon
request, hear oral argument and receive written briefs and
shall either affirm the denial or order that the permit be
issued. An applicant may not use any other procedure to
obtain judicial review of a denial. [1972 ex.s. c 123 § 2; 1971
ex.s. c 302 § 24.]
70.108.060
70.108.060 Reimbursement of expenses incurred in
reviewing request. Any local agency requested by an applicant to give written approval as required by RCW 70.108.040
may within fifteen days after the applicant has filed his application apply to the issuing authority for reimbursment of
expenses reasonably incurred in reviewing such request.
Upon a finding that such expenses were reasonably incurred
the issuing authority shall reimburse the local agency therefor
from the funds of the permit fee. The issuing authority shall
prior to the first scheduled date of the festival return to the
applicant that portion of the permit fee remaining after all
such reimbursements have been made. [1971 ex.s. c 302 §
25.]
(2004 Ed.)
70.108.090
70.108.070 Cash deposit—Surety bond—Insurance.
After the application has been approved the promoter shall
deposit with the issuing authority, a cash deposit or surety
bond. The bond or deposit shall be used to pay any costs or
charges incurred to regulate health or to clean up afterwards
outside the festival grounds or any extraordinary costs or
charges incurred to regulate traffic or parking. The bond or
other deposit shall be returned to the promoter when the issuing authority is satisfied that no claims for damage or loss
will be made against said bond or deposit, or that the loss or
damage claimed is less than the amount of the deposit, in
which case the uncommitted balance thereof shall be
returned: PROVIDED, That the bond or cash deposit or the
uncommitted portion thereof shall be returned not later than
thirty days after the last day of the festival.
In addition, the promoter shall be required to furnish evidence that he has in full force and effect a liability insurance
policy in an amount of not less than one hundred thousand
dollars bodily injury coverage per person covering any bodily
injury negligently caused by any officer or employee of the
festival while acting in the performance of his or her duties.
The policy shall name the issuing authority of the permit as
an additional named insured.
In addition, the promoter shall be required to furnish evidence that he has in full force and effect a one hundred thousand dollar liability property damage insurance policy covering any property damaged due to negligent failure by any
officer or employee of the festival to carry out duties imposed
by this chapter. The policy shall have the issuing authority of
the permit as an additional named insured. [1972 ex.s. c 123
§ 3; 1971 ex.s. c 302 § 26.]
70.108.070
70.108.080
70.108.080 Revocation of permits. Revocation of any
permit granted pursuant to this chapter shall not preclude the
imposition of penalties as provided for in this chapter and the
laws of the state of Washington. Any permit granted pursuant
to the provisions of this chapter to conduct a music festival
shall be summarily revoked by the issuing authority when it
finds that by reason of emergency the public peace, health,
safety, morals or welfare can only be preserved and protected
by such revocation.
Any permit granted pursuant to the provisions of this
chapter to conduct a music festival may otherwise be revoked
for any material violation of this chapter or the laws of the
state of Washington after a hearing held upon not less than
three days notice served upon the promoter personally or by
certified mail.
Every permit issued under the provisions of this chapter
shall state that such permit is issued as a measure to protect
and preserve the public peace, health, safety, morals and welfare, and that the right of the appropriate authority to revoke
such permit is a consideration of its issuance. [1971 ex.s. c
302 § 27.]
70.108.090
70.108.090 Drugs prohibited. No person, persons,
partnership, corporation, association, society, fraternal or
social organization to whom a music festival permit has been
granted shall, during the time an outdoor music festival is in
operation, knowingly permit or allow any person to bring
upon the premises of said music festival, any narcotic or dangerous drug as defined by chapters *69.33 or 69.40 RCW, or
[Title 70 RCW—page 317]
70.108.100
Title 70 RCW: Public Health and Safety
knowingly permit or allow narcotic or dangerous drug to be
consumed on the premises, and no person shall take or carry
onto said premises any narcotic or dangerous drug. [1971
ex.s. c 302 § 28.]
*Reviser's note: Chapter 69.33 RCW was repealed by 1971 ex.s. c 308
§ 69.50.606.
70.108.100
70.108.100 Proximity to schools, churches, homes.
No music festival shall be operated in a location which is
closer than one thousand yards from any schoolhouse or
church, or five hundred yards from any house, residence or
other human habitation unless waived by occupants. [1971
ex.s. c 302 § 29.]
70.108.110
70.108.110 Age of patrons. No person under the age of
sixteen years shall be admitted to any outdoor music festival
without the escort of his or her parents or legal guardian and
proof of age shall be provided upon request. [1971 ex.s. c
302 § 30.]
not more than two hundred dollars or by imprisonment in the
county jail for not less than ten days and not more than ninety
days or by both such fine and imprisonment. [1972 ex.s. c
123 § 5.]
70.108.160
70.108.160 Preparations—Completion requirements. All preparations required to be made by the provisions of this chapter on the music festival site shall be completed thirty days prior to the first day scheduled for the festival. Upon such date or such earlier date when all
preparations have been completed, the promoter shall notify
the issuing authority thereof, and the issuing authority shall
make an inspection of the festival site to determine if such
preparations are in reasonably full compliance with plans
submitted pursuant to RCW 70.108.040. If a material violation exists the issuing authority shall move to revoke the
music festival permit in the manner provided by RCW
70.108.080. [1972 ex.s. c 123 § 6.]
70.108.170
70.108.120
70.108.120 Permits—Posting—Transferability. Any
permit granted pursuant to this chapter shall be posted in a
conspicuous place on the site of the outdoor music festival
and such permit shall be not transferable or assignable without the consent of the issuing authority. [1971 ex.s. c 302 §
31.]
70.108.170 Local regulations and ordinances not precluded. Nothing in this chapter shall be construed as precluding counties, cities and other political subdivisions of the
state of Washington from enacting ordinances or regulations
for the control and regulation of outdoor music festivals nor
shall this chapter repeal any existing ordinances or regulations. [1972 ex.s. c 123 § 7.]
70.108.130
70.108.130 Penalty. (1) Except as otherwise provided
in this section, any person who willfully fails to comply with
the rules, regulations, and conditions set forth in this chapter
or who aids or abets such a violation or failure to comply is
guilty of a gross misdemeanor.
(2)(a) Except as provided in (b) of this subsection, violation of such a rule, regulation, or condition relating to traffic
including parking, standing, stopping, and pedestrian
offenses is a traffic infraction.
(b) Violation of such a rule, regulation, or condition
equivalent to those provisions of Title 46 RCW set forth in
RCW 46.63.020 is a misdemeanor. [2003 c 53 § 359; 1979
ex.s. c 136 § 104; 1971 ex.s. c 302 § 32.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
70.108.140
70.108.140 Inspection of books and records. The
department of revenue shall be allowed to inspect the books
and records of any outdoor music festival during the period of
operation of the festival and after the festival has concluded
for the purpose of determining whether or not the tax laws of
this state are complied with. [1972 ex.s. c 123 § 4.]
70.108.150
70.108.150 Firearms—Penalty. It shall be unlawful
for any person, except law enforcement officers, to carry,
transport or convey, or to have in his possession or under his
control any firearm while on the site of an outdoor music festival.
Any person violating the provisions of this section shall
be guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine of not less than one hundred dollars and
[Title 70 RCW—page 318]
Chapter 70.110
Chapter 70.110 RCW
FLAMMABLE FABRICS—
CHILDREN'S SLEEPWEAR
Sections
70.110.010
70.110.020
70.110.030
70.110.040
70.110.050
70.110.070
70.110.080
70.110.900
70.110.910
Short title.
Legislative finding.
Definitions.
Compliance required.
Attorney general or prosecuting attorneys authorized to bring
actions to restrain or prevent violations.
Strict liability.
Personal service of process—Jurisdiction of courts.
Provisions additional.
Severability—1973 1st ex.s. c 211.
70.110.010
70.110.010 Short title. This chapter may be known and
cited as the "Flammable Fabrics Act". [1973 1st ex.s. c 211
§ 1.]
70.110.020
70.110.020 Legislative finding. The legislature hereby
finds and declares that fabric related burns from children's
sleepwear present an immediate and serious danger to the
infants and children of this state. The legislature therefore
declares it to be in the public interest, and for the protection
of the health, property, and welfare of the residents of this
state to herein provide for flammability standards for children's sleepwear. [1973 1st ex.s. c 211 § 2.]
70.110.030
70.110.030 Definitions. As used in this chapter the following words and phrases shall have the following meanings
unless the context clearly requires otherwise:
(1) "Person" means an individual, partnership, corporation, association, or any other form of business enterprise,
and every officer thereof.
(2004 Ed.)
Infant Crib Safety Act
(2) "Children's sleepwear" means any product of wearing apparel from infant size up to and including size fourteen
which is sold or intended for sale for the primary use of sleeping or activities related to sleeping, such as nightgowns, pajamas, and similar or related items such as robes, but excluding
diapers and underwear.
(3) "Fabric" means any material (except fiber, filament,
or yarn for other than retail sale) woven, knitted, felted, or
otherwise produced from or in combination with any material
or synthetic fiber, film, or substitute therefor which is
intended for use, or which may reasonably be expected to be
used, in children's sleepwear.
(4) The term "infant size up to and including size six-x"
means the sizes defined as infant through and including six-x
in Department of Commerce Voluntary Standards, Commercial Standard 151-50, "Body Measurements for the Sizing of
Apparel for Infants, Babies, Toddlers, and Children", Commercial Standard 153, "Body Measurements for the Sizing of
Apparel for Girls", and Commercial Standard 155, "Body
Measurements for the Sizing of Boys' Apparel".
(5) "Fabric related burns" means burns that would not
have been incurred but for the fact that sleepwear worn at the
time of the burns did not comply with commercial standards
promulgated by the secretary of commerce of the United
States in March, 1971, identified as Standard for the Flammability of Children's Sleepwear (DOC FF 3-71) 36 F.R. 14062
and by the Flammable Fabrics Act 15 U.S.C. 1193. [1973 1st
ex.s. c 211 § 3.]
70.110.040
70.110.040 Compliance required. (1) It shall be
unlawful to manufacture for sale, sell, or offer for sale any
new and unused article of children's sleepwear which does
not comply with the standards established in the Standard for
the Flammability of Children's Sleepwear (DOC FF 3-71), 36
F.R. 14062 and the Flammable Fabrics Act, 15 U.S.C. 11911204.
(2) A violation of this section is a gross misdemeanor.
[2003 c 53 § 360; 1973 1st ex.s. c 211 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.110.050
70.110.050 Attorney general or prosecuting attorneys authorized to bring actions to restrain or prevent
violations. The attorney general or the prosecuting attorney
of any county within the state may bring an action in the
name of the state against any person to restrain and prevent
any violation of this chapter. [1973 1st ex.s. c 211 § 5.]
70.110.070
70.110.070 Strict liability. Any person who violates
RCW 70.110.040 shall be strictly liable for fabric-related
burns. [1973 1st ex.s. c 211 § 7.]
70.110.080
70.110.080 Personal service of process—Jurisdiction
of courts. Personal service of any process in an action under
this chapter may be made upon any person outside the state if
such person has violated any provision of this chapter. Such
person shall be deemed to have thereby submitted himself to
the jurisdiction of the courts of this state within the meaning
of RCW 4.28.180 and 4.28.185, as now or hereafter
amended. [1973 1st ex.s. c 211 § 8.]
(2004 Ed.)
70.111.010
70.110.900
70.110.900 Provisions additional. The provisions of
this chapter shall be in addition to and not a substitution for or
limitation of any other law. [1973 1st ex.s. c 211 § 9.]
70.110.910
70.110.910 Severability—1973 1st ex.s. c 211. If any
provision of this chapter, or its application to any person or
circumstance is held invalid the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected. [1973 1st ex.s. c 211 § 10.]
Chapter 70.111
Chapter 70.111 RCW
INFANT CRIB SAFETY ACT
Sections
70.111.010
70.111.020
70.111.030
70.111.040
70.111.060
70.111.070
70.111.900
70.111.901
Findings—Purpose—Intent.
Definitions.
Unsafe cribs—Prohibition—Definition—Penalty.
Exemption.
Civil actions.
Remedies.
Short title.
Severability—1996 c 158.
70.111.010
70.111.010 Findings—Purpose—Intent. (1) The legislature finds all of the following:
(a) The disability and death of infants resulting from
injuries sustained in crib accidents are a serious threat to the
public health, welfare, and safety of the people of this state.
(b) Infants are an especially vulnerable class of people.
(c) The design and construction of a baby crib must
ensure that it is safe to leave an infant unattended for
extended periods of time. A parent or caregiver has a right to
believe that the crib in use is a safe place to leave an infant.
(d) Over thirteen thousand infants are injured in unsafe
cribs every year.
(e) In the past decade, six hundred twenty-two infants
died (a rate of sixty-two infants each year) from injuries sustained in unsafe cribs.
(f) The United States consumer product safety commission estimates that the cost to society resulting from injuries
and death due to unsafe cribs is two hundred thirty-five million dollars per year.
(g) Secondhand, hand-me-down, and heirloom cribs
pose a special problem. There were four million infants born
in this country last year, but only one million new cribs sold.
As many as three out of four infants are placed in secondhand, hand-me-down, or heirloom cribs.
(h) Most injuries and deaths occur in secondhand, handme-down, or heirloom cribs.
(i) Existing state and federal legislation is inadequate to
deal with this hazard.
(j) Prohibiting the remanufacture, retrofit, sale, contracting to sell or resell, leasing, or subletting of unsafe cribs, particularly unsafe secondhand, hand-me-down, or heirloom
cribs, will prevent injuries and deaths caused by cribs.
(2) The purpose of this chapter is to prevent the occurrence of injuries and deaths to infants as a result of unsafe
cribs by making it illegal to remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the
stream of commerce, after June 6, 1996, any full-size or nonfull-size crib that is unsafe for any infant using the crib.
[Title 70 RCW—page 319]
70.111.020
Title 70 RCW: Public Health and Safety
(3) It is the intent of the legislature to encourage public
and private collaboration in disseminating materials relative
to the safety of baby cribs to parents, child care providers,
and those who would be likely to place unsafe cribs in the
stream of commerce. The legislature also intends that informational materials regarding baby crib safety be available to
consumers through the department of health. [1996 c 158 §
1.]
70.111.020
70.111.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Infant" means any person less than thirty-five inches
tall and less than three years of age.
(2) "Crib" means a bed or containment designed to
accommodate an infant.
(3) "Full-size crib" means a full-size crib as defined in
Section 1508.3 of Title 16 of the Code of Federal Regulations
regarding the requirements for full-size cribs.
(4) "Nonfull-size crib" means a nonfull-size crib as
defined in Section 1509.2(b) of Title 16 of the Code of the
Federal Regulations regarding the requirements for nonfullsize cribs.
(5) "Person" means any natural person, firm, corporation, association, or agent or employee thereof.
(6) "Commercial user" means any person who deals in
full-size or nonfull-size cribs of the kind governed by this
chapter or who otherwise by one's occupation holds oneself
out as having knowledge or skill peculiar to the full-size or
nonfull-size cribs governed by this chapter, including child
care facilities and family child care homes licensed by the
department of social and health services under chapter 74.15
RCW, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise
placing in the stream of commerce full-size or nonfull-size
cribs. [1996 c 158 § 3.]
70.111.030
70.111.030 Unsafe cribs—Prohibition—Definition—
Penalty. (1) No commercial user may remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise
place in the stream of commerce, on or after June 6, 1996, a
full-size or nonfull-size crib that is unsafe for any infant using
the crib.
(2) A crib is presumed to be unsafe pursuant to this chapter if it does not conform to all of the following:
(a) Part 1508 (commencing with Section 1508.1) of Title
16 of the Code of Federal Regulations;
(b) Part 1509 (commencing with Section 1509.1) of Title
16 of the Code of Federal Regulations;
(c) Part 1303 (commencing with Section 1303.1) of Title
16 of the Code of Federal Regulations;
(d) American Society for Testing Materials Voluntary
Standards F966-90;
(e) American Society for Testing Materials Voluntary
Standards F1169.88;
(f) Any regulations that are adopted in order to amend or
supplement the regulations described in (a) through (e) of this
subsection.
(3) Cribs that are unsafe or fail to perform as expected
pursuant to subsection (2) of this section include, but are not
[Title 70 RCW—page 320]
limited to, cribs that have any of the following dangerous features or characteristics:
(a) Corner posts that extend more than one-sixteenth of
an inch;
(b) Spaces between side slats more than two and threeeighths inches;
(c) Mattress support than can be easily dislodged from
any point of the crib. A mattress segment can be easily dislodged if it cannot withstand at least a twenty-five pound
upward force from underneath the crib;
(d) Cutout designs on the end panels;
(e) Rail height dimensions that do not conform to the following:
(i) The height of the rail and end panel as measured from
the top of the rail or panel in its lowest position to the top of
the mattress support in its highest position is at least nine
inches;
(ii) The height of the rail and end panel as measured from
the top of the rail or panel in its highest position to the top of
the mattress support in its lowest position is at least twentysix inches;
(f) Any screws, bolts, or hardware that are loose and not
secured;
(g) Sharp edges, points, or rough surfaces, or any wood
surfaces that are not smooth and free from splinters, splits, or
cracks;
(h) Nonfull-size cribs with tears in mesh or fabric sides.
(4) On or after January 1, 1997, any commercial user
who willfully and knowingly violates this section is guilty of
a misdemeanor, punishable by a fine not exceeding one thousand dollars. Hotels, motels, and similar transient lodging,
child care facilities, and family child care homes are not subject to this section until January 1, 1999. [2003 c 53 § 361;
1996 c 158 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.111.040
70.111.040 Exemption. Any crib that is clearly not
intended for use by an infant is exempt from the provisions of
this chapter, provided that it is accompanied at the time of
remanufacturing, retrofitting, selling, leasing, subletting, or
otherwise placing in the stream of commerce, by a notice to
be furnished by the commercial user declaring that it is not
intended to be used for an infant and is dangerous to use for
an infant. The commercial user is further exempt from claims
for liability resulting from use of a crib contrary to the notice
required in this section. [1996 c 158 § 5.]
70.111.060
70.111.060 Civil actions. Any person may maintain an
action against any commercial user who violates RCW
70.111.030 to enjoin the remanufacture, retrofit, sale, contract to sell, contract to resell, lease, or subletting of a fullsize or nonfull-size crib that is unsafe for any infant using the
crib, and for reasonable attorneys' fees and costs. This section
does not apply to hotels, motels, and similar transient lodging, child care facilities, and family child care homes until
January 1, 1999. [1996 c 158 § 7.]
70.111.070
70.111.070 Remedies. Remedies available under this
chapter are in addition to any other remedies or procedures
(2004 Ed.)
Family Medicine—Education and Residency Programs
under any other provision of law that may be available to an
aggrieved party. [1996 c 158 § 8.]
70.111.900
70.111.900 Short title. This chapter may be known and
cited as the infant crib safety act. [1996 c 158 § 2.]
70.111.901
70.111.901 Severability—1996 c 158. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1996 c 158 § 9.]
Chapter 70.112 RCW
FAMILY MEDICINE—EDUCATION AND
RESIDENCY PROGRAMS
Chapter 70.112
Sections
70.112.010
70.112.020
70.112.030
70.112.040
70.112.050
70.112.060
Definitions.
Education in family medical practice—Department in school
of medicine—Residency programs—Financial support.
Family practice education advisory board—Chairman—Membership.
Advisory board—Terms of members—Filling vacancies.
Advisory board—Duties.
Funding of residency programs.
70.112.060
determined by the board and be in keeping with the needs of
the state. [1975 1st ex.s. c 108 § 2.]
70.112.030
70.112.030 Family practice education advisory
board—Chairman—Membership. There is created a family practice education advisory board which shall consist of
eight members with the dean of the school of medicine serving as chairman. Other members of the board will be:
(1) Chairman, department of family medicine, school of
medicine;
(2) Two public members to be appointed by the governor;
(3) A member appointed by the Washington state medical association;
(4) A member appointed by the Washington state academy of family physicians;
(5) A hospital administrator representing those Washington hospitals with family practice residency programs,
appointed by the governor; and
(6) A director representing the directors of community
based family practice residency programs, appointed by the
governor. [1975 1st ex.s. c 108 § 3.]
70.112.040
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
70.112.010
70.112.010 Definitions. (1) "School of medicine"
means the University of Washington school of medicine
located in Seattle, Washington;
(2) "Residency programs" mean community based family practice residency educational programs either in existence or established under this chapter;
(3) "Affiliated" means established or developed in cooperation with the school of medicine;
(4) "Family practice unit" means the community facility
or classroom used for training of ambulatory health skills
within a residency training program; and
(5) "Advisory board" means the family practice education advisory board created by this chapter. [1975 1st ex.s. c
108 § 1.]
70.112.020
70.112.020 Education in family medical practice—
Department in school of medicine—Residency programs—Financial support. There is established a statewide
medical education system for the purpose of training resident
physicians in family practice. The dean of the school of medicine shall be responsible for implementing the development
and expansion of residency programs in cooperation with the
medical profession, hospitals, and clinics located throughout
the state. The chairman of the department of family medicine
in the school of medicine, with the consent of the advisory
board, shall determine where affiliated residency programs
shall exist; giving consideration to communities in the state
where the population, hospital facilities, number of physicians, and interest in medical education indicate the potential
success of the residency program. The medical education system shall provide financial support for residents in training
for those programs which are affiliated with the school of
medicine and shall establish positions for appropriate faculty
to staff these programs. The number of programs shall be
(2004 Ed.)
70.112.040 Advisory board—Terms of members—
Filling vacancies. The dean and chairman of the department
of family medicine at the University of Washington school of
medicine shall be permanent members of the advisory board.
Other members will be initially appointed as follows: Terms
of the two public members shall be two years; the member
from the medical association and the hospital administrator,
three years; and the remaining two members, four years.
Thereafter, terms for the nonpermanent members shall be
four years; members may serve two consecutive terms; and
new appointments shall be filled in the same manner as for
original appointments. Vacancies shall be filled for an unexpired term in the manner of the original appointment. [1975
1st ex.s. c 108 § 4.]
70.112.050
70.112.050 Advisory board—Duties. The advisory
board shall advise the dean and the chairman of the department of family medicine in the implementation of the educational programs provided for in this chapter; including, but
not limited to, the selection of the areas within the state where
affiliate residency programs shall exist, the allocation of
funds appropriated under this chapter, and the procedures for
review and evaluation of the residency programs. [1998 c
245 § 111; 1975 1st ex.s. c 108 § 5.]
70.112.060
70.112.060 Funding of residency programs. (1) The
moneys appropriated for these statewide family medicine residency programs shall be in addition to all the income of the
University of Washington and its school of medicine and
shall not be used to supplant funds for other programs under
the administration of the school of medicine.
(2) The allocation of state funds for the residency programs shall not exceed fifty percent of the total cost of the
program.
(3) No more than twenty-five percent of the appropriation for each fiscal year for the affiliated programs shall be
authorized for expenditures made in support of the faculty
[Title 70 RCW—page 321]
Chapter 70.114
Title 70 RCW: Public Health and Safety
and staff of the school of medicine who are associated with
the affiliated residency programs and are located at the school
of medicine.
(4) No funds for the purposes of this chapter shall be
used to subsidize the cost of care incurred by patients. [1975
1st ex.s. c 108 § 6.]
Chapter 70.114
Chapter 70.114 RCW
MIGRANT LABOR HOUSING
Sections
70.114.010
70.114.020
Legislative declaration—Fees for use of housing.
Migrant labor housing facility—Employment security department authorized to contract for continued operation.
worker housing inhibit the development of this much needed
housing. The legislature further finds that as a result, many
workers are forced to obtain housing that is unsafe and unsanitary.
Therefore, it is the intent of the legislature to encourage
the development of temporary and permanent housing for
workers that is safe and sanitary by: Establishing a clear and
concise set of regulations for temporary housing; establishing
a streamlined permitting and administrative process that will
be locally administered and encourage the development of
such housing; and by providing technical assistance to organizations or individuals interested in the development of
worker housing. [1995 c 220 § 1.]
70.114A.020
70.114.010
70.114.010 Legislative declaration—Fees for use of
housing. The legislature finds that the migrant labor housing
project constructed on property purchased by the state in
Yakima county should be continued until June 30, 1981. The
employment security department is authorized to set day use
or extended period use fees, consistent with those established
by the department of parks and recreation. [1979 ex.s. c 79 §
1; 1977 ex.s. c 287 § 1; 1975 1st ex.s. c 50 § 1; 1974 ex.s. c
125 § 1.]
70.114.020
70.114.020 Migrant labor housing facility—Employment security department authorized to contract for continued operation. The employment security department is
authorized to enter into such agreements and contracts as
may be necessary to provide for the continued operation of
the facility by a state agency, an appropriate local governmental body, or by such other entity as the commissioner
may deem appropriate and in the state's best interest. [1979
ex.s. c 79 § 2; 1977 ex.s. c 287 § 2; 1975 1st ex.s. c 50 § 3;
1974 ex.s. c 125 § 4.]
Chapter 70.114A RCW
TEMPORARY WORKER HOUSING—HEALTH AND
SAFETY REGULATION
Chapter 70.114A
Sections
70.114A.010
70.114A.020
70.114A.030
70.114A.040
70.114A.045
70.114A.050
70.114A.060
70.114A.065
70.114A.070
70.114A.081
70.114A.085
70.114A.100
70.114A.110
70.114A.900
70.114A.901
Findings—Intent.
Definitions.
Application of chapter.
Responsibilities of department.
Housing operation standards—Departments' agreement—
Enforcement.
Housing on rural worksites.
Inspection of housing.
Licensing, operation, and inspection—Rules.
Technical assistance.
Temporary worker building code—Rules—Guidelines—
Exceptions—Enforcement—Variations.
Temporary worker building code—Report.
Rules—Compliance with federal act.
Cherry harvest temporary labor camps—Rule making—
Definition—Conditions for occupation—Application.
Severability—1995 c 220.
Effective date—1995 c 220.
70.114A.010
70.114A.010 Findings—Intent. The legislature finds
that there is an inadequate supply of temporary and permanent housing for migrant and seasonal workers in this state.
The legislature also finds that unclear, complex regulations
related to the development, construction, and permitting of
[Title 70 RCW—page 322]
70.114A.020 Definitions. The definitions in this section apply throughout this chapter.
(1) "Agricultural employee" means any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural
activity.
(2) "Agricultural employer" means any person engaged
in agricultural activity, including the growing, producing, or
harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes but is not
limited to the planting, transplanting, tubing, precommercial
thinning, and thinning of trees and seedlings, the clearing,
piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities.
(3) "Department" means the department of health.
(4) "Dwelling unit" means a shelter, building, or portion
of a building, that may include cooking and eating facilities,
that is:
(a) Provided and designated by the operator as either a
sleeping area, living area, or both, for occupants; and
(b) Physically separated from other sleeping and common-use areas.
(5) "Enforcement" and "enforcement actions" include
the authority to levy and collect fines.
(6) "Facility" means a sleeping place, drinking water,
toilet, sewage disposal, food handling installation, or other
installations required for compliance with this chapter.
(7) "Occupant" means a temporary worker or a person
who resides with a temporary worker at the housing site.
(8) "Operator" means a person holding legal title to the
land on which temporary worker housing is located. However, if the legal title and the right to possession are in different persons, "operator" means a person having the lawful
control or supervision over the temporary worker housing
under a lease or other arrangement.
(9) "Temporary worker" means an agricultural employee
employed intermittently and not residing year-round at the
same site.
(10) "Temporary worker housing" means a place, area,
or piece of land where sleeping places or housing sites are
provided by an agricultural employer for his or her agricultural employees or by another person, including a temporary
worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy.
[1999 c 374 § 6; 1995 c 220 § 2.]
(2004 Ed.)
Temporary Worker Housing—Health and Safety Regulation
70.114A.030
70.114A.030 Application of chapter. Chapter 220,
Laws of 1995, applies to temporary worker housing that consists of five or more dwelling units, or any combination of
dwelling units, dormitories, or spaces that house ten or more
occupants. [1995 c 220 § 3.]
70.114A.040
70.114A.040 Responsibilities of department. The
department is designated the single state agency responsible
for encouraging the development of additional temporary
worker housing, and shall be responsible for coordinating the
activities of the various state and local agencies to assure a
seamless, nonduplicative system for the development and
operation of temporary worker housing. [1995 c 220 § 4.]
70.114A.081
70.114A.070
70.114A.070 Technical assistance. The department of
community, trade, and economic development shall contract
with private, nonprofit corporations to provide technical
assistance to any private individual or nonprofit organization
wishing to construct temporary or permanent worker housing. The assistance may include information on state and
local application and approval procedures, information or
assistance in applying for federal, state, or local financial
assistance, including tax incentives, information on costeffective housing designs, or any other assistance the department of community, trade, and economic development may
deem helpful in obtaining the active participation of private
individuals or groups in constructing or operating temporary
or permanent worker housing. [1995 c 220 § 7.]
70.114A.045
70.114A.045 Housing operation standards—Departments' agreement—Enforcement. By December 1, 1999,
the department and the department of labor and industries
shall jointly establish a formal agreement that identifies the
roles of each of the two agencies with respect to the enforcement of temporary worker housing operation standards.
The agreement shall, to the extent feasible, provide for
inspection and enforcement actions by a single agency, and
shall include measures to avoid multiple citations for the
same violation. [1999 c 374 § 3.]
70.114A.050
70.114A.050 Housing on rural worksites. Temporary
worker housing located on a rural worksite, and used for
workers employed on the worksite, shall be considered a permitted use at the rural worksite for the purposes of zoning or
other land use review processes, subject only to height, setback, and road access requirements of the underlying zone.
[1995 c 220 § 5.]
70.114A.060
70.114A.060 Inspection of housing. The secretary of
the department or authorized representative may inspect
housing covered by chapter 220, Laws of 1995, to enforce
temporary worker housing rules adopted by the state board of
health prior to July 25, 1999, or the department, or when the
secretary or representative has reasonable cause to believe
that a violation of temporary worker housing rules adopted
by the state board of health prior to July 25, 1999, or the
department is occurring or is being maintained. If the buildings or premises are occupied as a residence, a reasonable
effort shall be made to obtain permission from the resident. If
the premises or building is unoccupied, a reasonable effort
shall be made to locate the owner or other person having
charge or control of the building or premises and request
entry. If consent for entry is not obtained, for whatever reason, the secretary or representative shall have recourse to
every remedy provided by law to secure entry. [1999 c 374 §
7; 1995 c 220 § 6.]
70.114A.065
70.114A.065 Licensing, operation, and inspection—
Rules. The department and the department of labor and
industries shall adopt joint rules for the licensing, operation,
and inspection of temporary worker housing, and the enforcement thereof. These rules shall establish standards that are as
effective as the standards developed under the Washington
industrial safety and health act, chapter 49.17 RCW. [1999 c
374 § 1.]
(2004 Ed.)
70.114A.081
70.114A.081 Temporary worker building code—
Rules—Guidelines—Exceptions—Enforcement—Variations. (1) The department shall adopt by rule a temporary
worker building code in conformance with the temporary
worker housing standards developed under the Washington
industrial safety and health act, chapter 49.17 RCW, and the
following guidelines:
(a) The temporary worker building code shall provide
construction standards for shelter and associated facilities
that are safe, secure, and capable of withstanding the stresses
and loads associated with their designated use, and to which
they are likely to be subjected by the elements;
(b) The temporary worker building code shall permit and
facilitate designs and formats that allow for maximum affordability, consistent with the provision of decent, safe, and sanitary housing;
(c) In developing the temporary worker building code
the department of health shall consider:
(i) The need for dormitory type housing for groups of
unrelated individuals; and
(ii) The need for housing to accommodate families;
(d) The temporary worker building code shall incorporate the opportunity for the use of construction alternatives
and the use of new technologies that meet the performance
standards required by law;
(e) The temporary worker building code shall include
standards for heating and insulation appropriate to the type of
structure and length and season of occupancy;
(f) The temporary worker building code shall include
standards for temporary worker housing that are to be used
only during periods when no auxiliary heat is required; and
(g) The temporary worker building code shall provide
that persons operating temporary worker housing consisting
of four or fewer dwelling units or combinations of dwelling
units, dormitories, or spaces that house nine or fewer occupants may elect to comply with the provisions of the temporary worker building code, and that unless the election is
made, such housing is subject to the codes adopted under
RCW 19.27.031.
(2) In adopting the temporary worker building code, the
department shall make exceptions to the codes listed in RCW
19.27.031 and chapter 19.27A RCW, in keeping with the
guidelines set forth in this section. The initial temporary
worker building code adopted by the department shall be substantially equivalent with the temporary worker building
[Title 70 RCW—page 323]
70.114A.085
Title 70 RCW: Public Health and Safety
code developed by the state building code council as directed
by section 8, chapter 220, Laws of 1995.
(3) The temporary worker building code authorized and
required by this section shall be enforced by the department.
The department shall have the authority to allow minor
variations from the temporary worker building code that do
not compromise the health or safety of workers. Procedures
for requesting variations and guidelines for granting such
requests shall be included in the rules adopted under this section. [1999 c 374 § 8; 1998 c 37 § 2.]
70.114A.085
70.114A.085 Temporary worker building code—
Report. The department shall prepare a report to the legislature on utilization of the temporary worker building code
authorized by RCW 70.114A.081. The report shall include
the number of housing units, number of families or individuals housed, number of growers obtaining permits, the geographic distribution of the permits, and recommendations of
changes in the temporary worker building code necessary to
avoid health and safety problems for the occupants. The
report shall be transmitted to the senate committee on commerce, trade, housing and financial institutions and the house
of representatives committee on economic development,
housing and trade by December 15, 2000, and an update shall
be transmitted every two years thereafter. [1999 c 374 § 11.]
70.114A.100
70.114A.100 Rules—Compliance with federal act.
Any rules adopted under chapter 220, Laws of 1995, pertaining to an employer who is subject to the migrant and seasonal
agricultural worker protection act (96 Stat. 2583; 29 U.S.C.
Sec. 1801 et seq.), must comply with the housing provisions
of that federal act. [1995 c 220 § 10.]
RCW 19.27.031 or 70.114A.081. [2002 c 23 § 1; 1999 c 374
§ 5.]
70.114A.900
70.114A.900 Severability—1995 c 220. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1995 c 220 § 13.]
70.114A.901
70.114A.901 Effective date—1995 c 220. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 3, 1995]. [1995 c 220 § 14.]
Chapter 70.115
Chapter 70.115 RCW
DRUG INJECTION DEVICES
Sections
70.115.050
70.115.060
Retail sale of hypodermic syringes, needles—Duty of retailer.
Retailers not required to sell hypodermic syringes.
70.115.050
70.115.050 Retail sale of hypodermic syringes, needles—Duty of retailer. On the sale at retail of any hypodermic syringe, hypodermic needle, or any device adapted for
the use of drugs by injection, the retailer shall satisfy himself
or herself that the device will be used for the legal use
intended. [1981 c 147 § 5.]
70.115.060
70.115.060 Retailers not required to sell hypodermic
syringes. Nothing contained in chapter 213, Laws of 2002
shall be construed to require a retailer to sell hypodermic needles or syringes to any person. [2002 c 213 § 3.]
70.114A.110
70.114A.110 Cherry harvest temporary labor
camps—Rule making—Definition—Conditions for occupation—Application. (1) The department and the department of labor and industries are directed to engage in joint
rule making to establish standards for cherry harvest temporary labor camps. These standards may include some variation from standards that are necessary for longer occupancies,
provided they are as effective as the standards adopted under
the Washington industrial safety and health act, chapter 49.17
RCW. As used in this section "cherry harvest temporary labor
camp" means a place where housing and related facilities are
provided to agricultural employees by agricultural employers
for their use while employed for the harvest of cherries. The
housing and facilities may be occupied by agricultural
employees for a period not to exceed one week before the
commencement through one week following the conclusion
of the cherry crop harvest within the state.
(2) Facilities licensed under rules adopted under this section may not be used to provide housing for agricultural
employees who are nonimmigrant aliens admitted to the
United States for agricultural labor or services of a temporary
or seasonal nature under section 1101(a)(15)(H)(ii)(a) of the
immigration and nationality act (8 U.S.C. Sec.
1101(a)(15)(H)(ii)(a)).
(3) This section has no application to temporary worker
housing constructed in conformance with codes listed in
[Title 70 RCW—page 324]
Chapter 70.116 RCW
PUBLIC WATER SYSTEM COORDINATION ACT
OF 1977
Chapter 70.116
Sections
70.116.010
70.116.020
70.116.030
70.116.040
70.116.050
70.116.060
70.116.070
70.116.080
70.116.090
70.116.100
70.116.110
70.116.120
70.116.134
70.116.140
70.116.900
Legislative declaration.
Declaration of purpose.
Definitions.
Critical water supply service area—Designation—Establishment or amendment of external boundaries—Procedures.
Development of water system plans for critical water supply
service areas.
Approval of coordinated water system plan—Limitations following approval—Dispute resolution mechanism—Update
or revision of plan.
Service area boundaries within critical water supply area.
Performance standards relating to fire protection.
Assumption of jurisdiction or control of public water system
by city, town, or code city.
Bottled water exempt.
Rate making authority preserved.
Short title.
Satellite system management agencies.
Review of water or sewer system plan—Time limitations—
Notice of rejection of plan or extension of timeline.
Severability—1977 ex.s. c 142.
Drinking water quality consumer complaints: RCW 80.04.110.
70.116.010
70.116.010 Legislative declaration. The legislature
hereby finds that an adequate supply of potable water for
domestic, commercial, and industrial use is vital to the health
(2004 Ed.)
Public Water System Coordination Act of 1977
and well-being of the people of the state. Readily available
water for use in public water systems is limited and should be
developed and used efficiently with a minimum of loss or
waste.
In order to maximize efficient and effective development
of the state's public water supply systems, the department of
health shall assist water purveyors by providing a procedure
to coordinate the planning of the public water supply systems. [1991 c 3 § 365; 1977 ex.s. c 142 § 1.]
70.116.020
70.116.020 Declaration of purpose. The purposes of
this chapter are:
(1) To provide for the establishment of critical water
supply service areas related to water utility planning and
development;
(2) To provide for the development of minimum planning and design standards for critical water supply service
areas to insure that water systems developed in these areas
are consistent with regional needs;
(3) To assist in the orderly and efficient administration of
state financial assistance programs for public water systems;
and
(4) To assist public water systems to meet reasonable
standards of quality, quantity and pressure. [1977 ex.s. c 142
§ 2.]
70.116.030
70.116.030 Definitions. Unless the context clearly
requires otherwise, the following terms when used in this
chapter shall be defined as follows:
(1) "Coordinated water system plan" means a plan for
public water systems within a critical water supply service
area which identifies the present and future needs of the systems and sets forth means for meeting those needs in the most
efficient manner possible. Such a plan shall include provisions for subsequently updating the plan. In areas where more
than one water system exists, a coordinated plan may consist
of either: (a) A new plan developed for the area following its
designation as a critical water supply service area; or (b) a
compilation of compatible water system plans existing at the
time of such designation and containing such supplementary
provisions as are necessary to satisfy the requirements of this
chapter. Any such coordinated plan must include provisions
regarding: Future service area designations; assessment of
the feasibility of shared source, transmission, and storage
facilities; emergency inter-ties; design standards; and other
concerns related to the construction and operation of the
water system facilities.
(2) "Critical water supply service area" means a geographical area which is characterized by a proliferation of
small, inadequate water systems, or by water supply problems which threaten the present or future water quality or
reliability of service in such a manner that efficient and
orderly development may best be achieved through coordinated planning by the water utilities in the area.
(3) "Public water system" means any system providing
water intended for, or used for, human consumption or other
domestic uses. It includes, but is not limited to, the source,
treatment for purifying purposes only, storage, transmission,
pumping, and distribution facilities where water is furnished
to any community, or number of individuals, or is made
(2004 Ed.)
70.116.040
available to the public for human consumption or domestic
use, but excluding water systems serving one single family
residence. However, systems existing on September 21, 1977
which are owner operated and serve less than ten single family residences or which serve only one industrial plant shall
be excluded from this definition and the provisions of this
chapter.
(4) "Purveyor" means any agency or subdivision of the
state or any municipal corporation, firm, company, mutual or
cooperative association, institution, partnership, or person or
any other entity, that owns or operates for wholesale or retail
service a public water system. It also means the authorized
agents of any such entities.
(5) "Secretary" means the secretary of the department of
health or the secretary's authorized representative.
(6) "Service area" means a specific geographical area
serviced or for which service is planned by a purveyor. [1991
c 3 § 366; 1977 ex.s. c 142 § 3.]
70.116.040 Critical water supply service area—Designation—Establishment or amendment of external
boundaries—Procedures. (1) The secretary and the appropriate local planning agencies and purveyors, shall study geographical areas where water supply problems related to uncoordinated planning, inadequate water quality or unreliable
service appear to exist. If the results of the study indicate that
such water supply problems do exist, the secretary or the
county legislative authority shall designate the area involved
as being a critical water supply service area, consult with the
appropriate local planning agencies and purveyors, and
appoint a committee of not less than three representatives
therefrom solely for the purpose of establishing the proposed
external boundaries of the critical water supply service area.
The committee shall include a representative from each purveyor serving more than fifty customers, the county legislative authority, county planning agency, and health agencies.
Such proposed boundaries shall be established within six
months of the appointment of the committee.
During the six month period following the establishment
of the proposed external boundaries of the critical water supply services areas, the county legislative authority shall conduct public hearings on the proposed boundaries and shall
modify or ratify the proposed boundaries in accordance with
the findings of the public hearings. The boundaries shall
reflect the existing land usage, and permitted densities in
county plans, ordinances, and/or growth policies. If the proposed boundaries are not modified during the six month
period, the proposed boundaries shall be automatically ratified and be the critical water supply service area.
After establishment of the external boundaries of the
critical water supply service area, no new public water systems may be approved within the boundary area unless an
existing water purveyor is unable to provide water service.
(2) At the time a critical water supply service area is
established, the external boundaries for such area shall not
include any fractional part of a purveyor's existing contiguous service area.
(3) The external boundaries of the critical water supply
service area may be amended in accordance with procedures
prescribed in subsection (1) of this section for the establishment of the critical water supply service areas when such
70.116.040
[Title 70 RCW—page 325]
70.116.050
Title 70 RCW: Public Health and Safety
amendment is necessary to accomplish the purposes of this
chapter. [1977 ex.s. c 142 § 4.]
70.116.050
70.116.050 Development of water system plans for
critical water supply service areas. (1) Each purveyor
within the boundaries of a critical water supply service area
shall develop a water system plan for the purveyor's future
service area if such a plan has not already been developed:
PROVIDED, That nonmunicipally owned public water systems are exempt from the planning requirements of this chapter, except for the establishment of service area boundaries if
they have no plans for water service beyond their existing
service area: PROVIDED FURTHER, That if the county
legislative authority permits a change in development that
will increase the demand for water service of such a system
beyond the existing system's ability to provide minimum
water service, the purveyor shall develop a water system plan
in accordance with this section. The establishment of future
service area boundaries shall be in accordance with RCW
70.116.070.
(2) After the boundaries of a critical water supply service
area have been established pursuant to RCW 70.116.040, the
committee established in RCW 70.116.040 shall participate
in the development of a coordinated water system plan for the
designated area. Such a plan shall incorporate all water system plans developed pursuant to subsection (1) of this section. The plan shall provide for maximum integration and
coordination of public water system facilities consistent with
the protection and enhancement of the public health and wellbeing. Decisions of the committee shall be by majority vote
of those present at meetings of the committee.
(3) Those portions of a critical water supply service area
not yet served by a public water system shall have a coordinated water system plan developed by existing purveyors
based upon permitted densities in county plans, ordinances,
and/or growth policies for a minimum of five years beyond
the date of establishment of the boundaries of the critical
water supply service area.
(4) To insure that the plan incorporates the proper
designs to protect public health, the secretary shall adopt regulations pursuant to chapter 34.05 RCW concerning the
scope and content of coordinated water system plans, and
shall ensure, as minimum requirements, that such plans:
(a) Are reviewed by the appropriate local governmental
agency to insure that the plan is not inconsistent with the land
use plans, shoreline master programs, and/or developmental
policies of the general purpose local government or governments whose jurisdiction the water system plan affects.
(b) Recognize all water resource plans, water quality
plans, and water pollution control plans which have been
adopted by units of local, regional, and state government.
(c) Incorporate the fire protection standards developed
pursuant to RCW 70.116.080.
(d) Identify the future service area boundaries of the public water system or systems included in the plan within the
critical water supply service area.
(e) Identify feasible emergency inter-ties between adjacent purveyors.
(f) Include satellite system management requirements
consistent with RCW 70.116.134.
[Title 70 RCW—page 326]
(g) Include policies and procedures that generally
address failing water systems for which counties may
become responsible under RCW 43.70.195.
(5) If a "water general plan" for a critical water supply
service area or portion thereof has been prepared pursuant to
chapter 36.94 RCW and such a plan meets the requirements
of subsections (1) and (4) of this section, such a plan shall
constitute the coordinated water system plan for the applicable geographical area.
(6) The committee established in RCW 70.116.040 may
develop and utilize a mechanism for addressing disputes that
arise in the development of the coordinated water system
plan.
(7) Prior to the submission of a coordinated water system
plan to the secretary for approval pursuant to RCW
70.116.060, the legislative authorities of the counties in
which the critical water supply service area is located shall
hold a public hearing thereon and shall determine the plan's
consistency with subsection (4) of this section. If within sixty
days of receipt of the plan, the legislative authorities find any
segment of a proposed service area of a purveyor's plan or
any segment of the coordinated water system plan to be
inconsistent with any current land use plans, shoreline master
programs, and/or developmental policies of the general purpose local government or governments whose jurisdiction the
water system plan affects, the secretary shall not approve that
portion of the plan until the inconsistency is resolved
between the local government and the purveyor. If no comments have been received from the legislative authorities
within sixty days of receipt of the plan, the secretary may
consider the plan for approval.
(8) Any county legislative authority may adopt an abbreviated plan for the provision of water supplies within its
boundaries that includes provisions for service area boundaries, minimum design criteria, and review process. The elements of the abbreviated plan shall conform to the criteria
established by the department under subsection (4) of this
section and shall otherwise be consistent with other adopted
land use and resource plans. The county legislative authority
may, in lieu of the committee required under RCW
70.116.040, and the procedures authorized in this section, utilize an advisory committee that is representative of the water
utilities and local governments within its jurisdiction to assist
in the preparation of the abbreviated plan, which may be
adopted by resolution and submitted to the secretary for
approval. Purveyors within the boundaries covered by the
abbreviated plan need not develop a water system plan,
except to the extent required by the secretary or state board of
health under other authority. Any abbreviated plan adopted
by a county legislative authority pursuant to this subsection
shall be subject to the same provisions contained in RCW
70.116.060 for coordinated water system plans that are
approved by the secretary. [1995 c 376 § 7; 1977 ex.s. c 142
§ 5.]
Findings—1995 c 376: See note following RCW 70.116.060.
70.116.060
70.116.060 Approval of coordinated water system
plan—Limitations following approval—Dispute resolution mechanism—Update or revision of plan. (1) A coordinated water system plan shall be submitted to the secretary
(2004 Ed.)
Public Water System Coordination Act of 1977
for design approval within two years of the establishment of
the boundaries of a critical water supply service area.
(2) The secretary shall review the coordinated water system plan and, to the extent the plan is consistent with the
requirements of this chapter and regulations adopted hereunder, shall approve the plan, provided that the secretary shall
not approve those portions of a coordinated water system
plan that fail to meet the requirements for future service area
boundaries until any boundary dispute is resolved as set forth
in RCW 70.116.070.
(3) Following the approval of a coordinated water system plan by the secretary:
(a) All purveyors constructing or proposing to construct
public water system facilities within the area covered by the
plan shall comply with the plan.
(b) No other purveyor shall establish a public water system within the area covered by the plan, unless the local legislative authority determines that existing purveyors are
unable to provide the service in a timely and reasonable manner, pursuant to guidelines developed by the secretary. An
existing purveyor is unable to provide the service in a timely
manner if the water cannot be provided to an applicant for
water within one hundred twenty days unless specified otherwise by the local legislative authority. If such a determination
is made, the local legislative authority shall require the new
public water system to be constructed in accordance with the
construction standards and specifications embodied in the
coordinated water system plan approved for the area. The service area boundaries in the coordinated plan for the affected
utilities shall be revised to reflect the decision of the local
legislative authority.
(4) The secretary may deny proposals to establish or to
expand any public water system within a critical water supply
service area for which there is not an approved coordinated
water system plan at any time after two years of the establishment of the critical water supply service area: PROVIDED,
That service connections shall not be considered expansions.
(5) The affected legislative authorities may develop and
utilize a mechanism for addressing disputes that arise in the
implementation of the coordinated water system plan after
the plan has been approved by the secretary.
(6) After adoption of the initial coordinated water system
plan, the local legislative authority or the secretary may
determine that the plan should be updated or revised. The legislative authority may initiate an update at any time, but the
secretary may initiate an update no more frequently than once
every five years. The update may encompass all or a portion
of the plan, with the scope of the update to be determined by
the secretary and the legislative authority. The process for the
update shall be the one prescribed in RCW 70.116.050.
(7) The provisions of subsection (3) of this section shall
not apply in any county for which a coordinated water system
plan has not been approved under subsection (2) of this section.
(8) If the secretary initiates an update or revision of a
coordinated water system plan, the state shall pay for the cost
of updating or revising the plan. [1995 c 376 § 2; 1977 ex.s.
c 142 § 6.]
Findings—1995 c 376: "The legislature finds that:
(1) Protection of the state's water resources, and utilization of such
resources for provision of public water supplies, requires more efficient and
(2004 Ed.)
70.116.070
effective management than is currently provided under state law;
(2) The provision of public water supplies to the people of the state
should be undertaken in a manner that is consistent with the planning principles of the growth management act and the comprehensive plans adopted by
local governments under the growth management act;
(3) Small water systems have inherent difficulties with proper planning, operation, financing, management and maintenance. The ability of
such systems to provide safe and reliable supplies to their customers on a
long-term basis needs to be assured through proper management and training
of operators;
(4) New water quality standards and operational requirements for public water systems will soon generate higher rates for the customers of those
systems, which may be difficult for customers to afford to pay. It is in the
best interest of the people of this state that small systems maintain themselves in a financially viable condition;
(5) The drinking water 2000 task force has recommended maintaining
a strong and properly funded statewide drinking water program, retaining
primary responsibility for administering the federal safe drinking water act
in Washington. The task force has further recommended delegation of as
many water system regulatory functions as possible to local governments,
with provision of adequate resources and elimination of barriers to such delegation. In order to achieve these objectives, the state shall provide adequate
funding from both general state funds and funding directly from the regulated water system;
(6) The public health services improvement plan recommends that the
principal public health functions in Washington, including regulation of public water systems, should be fully funded by state revenues and undertaken
by local jurisdictions with the capacity to perform them; and
(7) State government, local governments, water suppliers, and other
interested parties should work for continuing economic growth of the state
by maximizing the use of existing water supply management alternatives,
including regional water systems, satellite management, and coordinated
water system development." [1995 c 376 § 1.]
70.116.070
70.116.070 Service area boundaries within critical
water supply area. (1) The proposed service area boundaries of public water systems within the critical water supply
service area that are required to submit water system plans
under this chapter shall be identified in the system's plan. The
local legislative authority, or its planning department or other
designee, shall review the proposed boundaries to determine
whether the proposed boundaries of one or more systems
overlap. The boundaries determined by the local legislative
authority not to overlap shall be incorporated into the coordinated water system plan. Where any overlap exists, the local
legislative authority may attempt to resolve the conflict
through procedures established under RCW 70.116.060(5).
(2) Any final decision by a local legislative authority
regarding overlapping service areas, or any unresolved disputes regarding service area boundaries, may be appealed or
referred to the secretary in writing for resolution. After
receipt of an appeal or referral, the secretary shall hold a public hearing thereon. The secretary shall provide notice of the
hearing by certified mail to each purveyor involved in the dispute, to each county legislative authority having jurisdiction
in the area and to the public. The secretary shall provide public notice pursuant to the provisions of chapter 65.16 RCW.
Such notice shall be given at least twenty days prior to the
hearing. The hearing may be continued from time to time
and, at the termination thereof, the secretary may restrict the
expansion of service of any purveyor within the area if the
secretary finds such restriction is necessary to provide the
greatest protection of the public health and well-being. [1995
c 376 § 13; 1977 ex.s. c 142 § 7.]
Findings—1995 c 376: See note following RCW 70.116.060.
[Title 70 RCW—page 327]
70.116.080
Title 70 RCW: Public Health and Safety
70.116.080
70.116.080 Performance standards relating to fire
protection. The secretary shall adopt performance standards
relating to fire protection to be incorporated into the design
and construction of public water systems. The standards shall
be consistent with recognized national standards. The secretary shall adopt regulations pertaining to the application and
enforcement of the standards: PROVIDED, That the regulations shall require the application of the standards for new
and expanding systems only. The standards shall apply in
critical water supply service areas unless the approved coordinated plan provides for nonfire flow systems. [1977 ex.s. c
142 § 8.]
70.116.090
70.116.090 Assumption of jurisdiction or control of
public water system by city, town, or code city. The
assumption of jurisdiction or control of any public water system or systems by a city, town, or code city, shall be subject
to the provisions of chapter 35.13A RCW, and the provisions
of this chapter shall be superseded by the provisions of chapter 35.13A RCW regarding such an assumption of jurisdiction. [1977 ex.s. c 142 § 9.]
70.116.100
70.116.100 Bottled water exempt. Nothing in this
chapter shall apply to water which is bottled or otherwise
packaged in a container for human consumption or domestic
use, or to the treatment, storage and transportation facilities
used in the processing of the bottled water or the distribution
of the bottles or containers of water. [1977 ex.s. c 142 § 10.]
70.116.110
70.116.110 Rate making authority preserved. Nothing in this chapter shall be construed to alter in any way the
existing authority of purveyors and municipal corporations to
establish, administer and apply water rates and rate provisions. [1977 ex.s. c 142 § 11.]
70.116.120
70.116.120 Short title. This chapter shall be known and
may be cited as the "Public Water System Coordination Act
of 1977". [1977 ex.s. c 142 § 12.]
70.116.134
70.116.134 Satellite system management agencies.
(1) The secretary shall adopt rules pursuant to chapter 34.05
RCW establishing criteria for designating individuals or
water purveyors as qualified satellite system management
agencies. The criteria shall set forth minimum standards for
designation as a satellite system management agency qualified to assume ownership, operation, or both, of an existing
or proposed public water system. The criteria shall include
demonstration of financial integrity and operational capability, and may require demonstration of previous experience in
successful operation and management of a public water system.
(2) Each county shall identify potential satellite system
management agencies to the secretary for areas where: (a)
No purveyor has been designated a future service area pursuant to this chapter, or (b) an existing purveyor is unable or
unwilling to provide service. Preference shall be given to
public utilities or utility districts or to investor-owned utilities
under the jurisdiction of the utilities and transportation commission.
[Title 70 RCW—page 328]
(3) The secretary shall approve satellite system management agencies meeting the established criteria and shall
maintain and make available to counties a list of approved
agencies. Prior to the construction of a new public water system, the individual(s) proposing the new system or requesting
service shall first be directed by the local agency responsible
for issuing the construction or building permit to one or more
qualified satellite system management agencies designated
for the service area where the new system is proposed for the
purpose of exploring the possibility of a satellite agency
either owning or operating the proposed new water system.
(4) Approved satellite system management agencies
shall be reviewed periodically by the secretary for continued
compliance with established criteria. The secretary may
require status reports and other information necessary for
such review. Satellite system management agencies shall be
subject to reapproval at the discretion of the secretary but not
less than once every five years.
(5) The secretary may assess reasonable fees to process
applications for initial approval and for periodic review of
satellite system management agencies. A satellite system
management account is hereby created in the custody of the
state treasurer. All receipts from satellite system management
agencies or applicants under subsection (4) of this section
shall be deposited into the account. Funds in this account may
be used only for administration of the satellite system management program. Expenditures from the account shall be
authorized by the secretary or the secretary's designee. The
account is subject to allotment procedures under chapter
43.88 RCW, but no appropriation is required for expenditures.
(6) For purposes of this section, "satellite system management agency" and "satellite agency" shall mean a person
or entity that is certified by the secretary to own or operate
more than one public water system on a regional or countywide basis, without the necessity for a physical connection
between such systems. [1991 c 18 § 1.]
70.116.140
70.116.140 Review of water or sewer system plan—
Time limitations—Notice of rejection of plan or extension
of timeline. For any new or revised water or sewer system
plan submitted for review under this chapter, the department
of health shall review and either approve, conditionally
approve, reject, or request amendments within ninety days of
the receipt of the submission of the plan. The department of
health may extend this ninety-day time limitation for new
submittals by up to an additional ninety days if insufficient
time exists to adequately review the general comprehensive
plan. For rejections of plans or extensions of the timeline, the
department shall provide in writing, to the person or entity
submitting the plan, the reason for such action. In addition,
the person or entity submitting the plan and the department of
health may mutually agree to an extension of the deadlines
contained in this section. [2002 c 161 § 3.]
70.116.900
70.116.900 Severability—1977 ex.s. c 142. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1977 ex.s. c 142 § 13.]
(2004 Ed.)
On-Site Sewage Disposal Systems
Chapter 70.118 RCW
ON-SITE SEWAGE DISPOSAL SYSTEMS
Chapter 70.118
Sections
70.118.010
70.118.020
70.118.030
70.118.040
70.118.050
70.118.060
70.118.070
70.118.080
70.118.090
70.118.100
70.118.110
70.118.120
Legislative declaration.
Definitions.
Local boards of health—Administrative search warrant—
Administrative plan—Corrections.
Local boards of health—Authority to waive sections of local
plumbing and/or building codes.
Adoption of more restrictive standards.
Additive regulation.
Additives—Confidentiality.
Additives—Unfair practices.
Funding.
Alternative systems—Technical review committee.
Alternative systems—State guidelines and standards.
Inspectors—Certificate of competency.
Reviser's note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
Local health officer authority to grant waiver from on-site sewage system
requirements: RCW 70.05.072.
70.118.030
tem does not include indoor plumbing and associated fixtures.
(7) "Chemical additive" means those additives containing acids, bases, or other chemicals deemed unsafe by the
department for use in an on-site sewage disposal system.
(8) "Additive manufacturer" means any person who
manufactures, formulates, blends, packages, or repackages
an additive product for sale, use, or distribution within the
state. [1994 c 281 § 2; 1993 c 321 § 2; 1991 c 3 § 367; 1977
ex.s. c 133 § 2.]
Finding—Purpose—1994 c 281: "The legislature finds that chemical
additives do, and that other types of additives may, contribute to septic system failure and ground water contamination. In order to determine which
ingredients of nonchemically based additive products have adverse effects
on public health or the environment, it is necessary to submit such products
to a review procedure.
The purpose of this act is: (1) To establish a timely and orderly procedure for review and approval of on-site sewage disposal system additives; (2)
to prohibit the use, sale, or distribution of additives having an adverse effect
on public health or the water quality of the state; (3) to require the disclosure
of the contents of additives that are advertised, sold, or distributed in the
state; and (4) to provide for consumer protection." [1994 c 281 § 1.]
70.118.010
70.118.010 Legislative declaration. The legislature
finds that over one million, two hundred thousand persons in
the state are not served by sanitary sewers and that they must
rely on septic tank systems. The failure of large numbers of
such systems has resulted in significant health hazards, loss
of property values, and water quality degradation. The legislature further finds that failure of such systems could be
reduced by utilization of nonwater-carried sewage disposal
systems, or other alternative methods of effluent disposal, as
a correctional measure. Waste water volume diminution and
disposal of most of the high bacterial waste through composting or other alternative methods of effluent disposal would
result in restorative improvement or correction of existing
substandard systems. [1977 ex.s. c 133 § 1.]
70.118.020
70.118.020 Definitions. As used in this chapter, the
terms defined in this section shall have the meanings indicated unless the context clearly indicates otherwise.
(1) "Nonwater-carried sewage disposal devices" means
any device that stores and treats nonwater-carried human
urine and feces.
(2) "Alternative methods of effluent disposal" means
systems approved by the department of health, including at
least, mound systems, alternating drain fields, anaerobic filters, evapotranspiration systems, and aerobic systems.
(3) "Failure" means: (a) Effluent has been discharged on
the surface of the ground prior to approved treatment; or (b)
effluent has percolated to the surface of the ground; or (c)
effluent has contaminated or threatens to contaminate a
ground water supply.
(4) "Additive" means any commercial product intended
to affect the performance or aesthetics of an on-site sewage
disposal system.
(5) "Department" means the department of health.
(6) "On-site sewage disposal system" means any system
of piping, treatment devices, or other facilities that convey,
store, treat, or dispose of sewage on the property where it
originates or on nearby property under the control of the user
where the system is not connected to a public sewer system.
For purposes of this chapter, an on-site sewage disposal sys(2004 Ed.)
Effective date—1994 c 281: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 1, 1994]." [1994 c 281 § 7.]
Intent—1993 c 321: See note following RCW 70.118.060.
70.118.030
70.118.030 Local boards of health—Administrative
search warrant—Administrative plan—Corrections. (1)
Local boards of health shall identify failing septic tank drainfield systems in the normal manner and will use reasonable
effort to determine new failures. The local health officer,
environmental health director, or equivalent officer may
apply for an administrative search warrant to a court official
authorized to issue a criminal search warrant. The warrant
may only be applied for after the local health officer or the
health officer's designee has requested inspection of the person's property under the specific administrative plan required
in this section, and the person has refused the health officer or
the health officer's designee access to the person's property.
Timely notice must be given to any affected person that a
warrant is being requested and that the person may be present
at any court proceeding to consider the requested search warrant. The court official may issue the warrant upon probable
cause. A request for a search warrant must show [that] the
inspection, examination, test, or sampling is in response to
pollution in commercial or recreational shellfish harvesting
areas or pollution in fresh water. A specific administrative
plan must be developed expressly in response to the pollution. The local health officer, environmental health director,
or equivalent officer shall submit the plan to the court as part
of the justification for the warrant, along with specific evidence showing that it is reasonable to believe pollution is
coming from the septic system on the property to be accessed
for inspection. The plan must include each of the following
elements:
(a) The overall goal of the inspection;
(b) The location and identification by address of the
properties being authorized for inspection;
(c) Requirements for giving the person owning the property and the person occupying the property if it is someone
[Title 70 RCW—page 329]
70.118.040
Title 70 RCW: Public Health and Safety
other than the owner, notice of the plan, its provisions, and
times of any inspections;
(d) The survey procedures to be used in the inspection;
(e) The criteria that would be used to define an on-site
sewage system failure; and
(f) The follow-up actions that would be pursued once an
on-site sewage system failure has been identified and confirmed.
(2) Discretionary judgment will be made in implementing corrections by specifying nonwater-carried sewage disposal devices or other alternative methods of treatment and
effluent disposal as a measure of ameliorating existing substandard conditions. Local regulations shall be consistent
with the intent and purposes stated in this section. [1998 c
152 § 1; 1977 ex.s. c 133 § 3.]
70.118.040 Local boards of health—Authority to
waive sections of local plumbing and/or building codes.
With the advice of the secretary of the department of health,
local boards of health are hereby authorized to waive applicable sections of local plumbing and/or building codes that
might prohibit the use of an alternative method for correcting
a failure. [1991 c 3 § 368; 1977 ex.s. c 133 § 4.]
70.118.040
70.118.050 Adoption of more restrictive standards.
If the legislative authority of a county or city finds that more
restrictive standards than those contained in *section 2 of this
act or those adopted by the state board of health for systems
allowed under *section 2 of this act or limitations on expansion of a residence are necessary to ensure protection of the
public health, attainment of state water quality standards, and
the protection of shellfish and other public resources, the legislative authority may adopt ordinances or resolutions setting
standards as they may find necessary for implementing their
findings. The legislative authority may identify the geographic areas where it is necessary to implement the more
restrictive standards. In addition, the legislative authority
may adopt standards for the design, construction, maintenance, and monitoring of sewage disposal systems. [1989 c
349 § 3.]
70.118.050
*Reviser's note: "Section 2 of this act" did not become law. See effective date note following.
Effective date—1989 c 349: "(1) Except as provided in subsection (2)
of this section, this act shall take effect November 1, 1989.
(2) *Section 2 of this act shall not take effect if the state board of health
adopts standards for the replacement and repair of existing on-site sewage
disposal systems located on property adjacent to marine waters by October
31, 1989." [1989 c 349 § 4.]
*Reviser's note: Section 2 of this act did not take effect. See chapter
248-96 WAC.
70.118.060 Additive regulation. (1) After July 1,
1994, a person may not use, sell, or distribute a chemical
additive to on-site sewage disposal systems.
(2) After January 1, 1996, no person shall use, sell, or
distribute any on-site sewage disposal additive whose ingredients have not been approved by the department.
(3) Each manufacturer of an on-site sewage disposal system additive that is sold, advertised, or distributed in the state
shall submit the following information to the department: (a)
The name and address of the company; (b) the name of the
product; (c) the complete product formulation; (d) the loca70.118.060
[Title 70 RCW—page 330]
tion where the product is manufactured; (e) the intended
method of product application; and (f) a request that the product be reviewed.
(4) The department shall adopt rules providing the criteria, review, and decision-making procedures to be used in
reviewing on-site sewage disposal additives for use, sale, or
distribution in the state. The criteria shall be designed to
determine whether the additive has an adverse effect on public health or water quality. The department may charge a fee
sufficient to cover the costs of evaluating the additive, including the development of criteria and review procedures. The
fee schedule shall be established by rule.
(5) The department shall issue a decision as to whether a
product registered pursuant to subsection (3) of this section is
approved or denied within forty-five days of receiving a complete evaluation as required pursuant to subsection (4) of this
section.
(6) Manufacturers shall reregister their product as provided in subsection (3) of this section each time their product
formulation changes. The department may require a new
approval for products registered under this subsection prior to
allowing the use, sale, or distribution within the state.
(7) The department may contract with private laboratories for the performance of any duties necessary to carry out
the purpose of this section.
(8) The attorney general or appropriate city or county
prosecuting attorney is authorized to bring an appropriate
action to enjoin any violation of the prohibition on the sale or
distribution of additives, or to enjoin any violation of the conditions in RCW 70.118.080.
(9) The department is responsible for providing written
notification to additives manufacturers of the provisions of
this section and RCW 70.118.070 and 70.118.080. The notification shall be provided no later than thirty days after April
1, 1994. Within thirty days of notification from the department, manufacturers shall provide the same notification to
their distributors, wholesalers, and retail customers. [1994 c
281 § 3; 1993 c 321 § 3.]
Finding—Purpose—Effective date—1994 c 281: See notes following
RCW 70.118.020.
Intent—1993 c 321: "The legislature finds that most additives do not
have a positive effect on the operation of on-site systems and can contaminate ground water aquifers, render septic drainfields dysfunctional, and
result in costly repairs to homeowners. It is therefore the intent of the legislature to ban the use, sale, and distribution of additives within the state unless
an additive has been specifically approved by the department of health."
[1993 c 321 § 1.]
70.118.070
70.118.070 Additives—Confidentiality. The department shall hold confidential any information obtained pursuant to RCW 70.118.060 when shown by any manufacturer
that such information, if made public, would divulge confidential business information, methods, or processes entitled
to protection as trade secrets of the manufacturer. [1994 c
281 § 4.]
Finding—Purpose—Effective date—1994 c 281: See notes following
RCW 70.118.020.
70.118.080
70.118.080 Additives—Unfair practices. (1) Each
manufacturer of a certified and approved additive product
advertised, sold, or distributed in the state shall:
(2004 Ed.)
Public Water Supply Systems—Operators
(a) Make no claims relating to the elimination of the
need for septic tank pumping or proper septic tank maintenance;
(b) List the components of additive products on the product label, along with information regarding instructions for
use and precautions;
(c) Make no false statements, design, or graphic representation relative to an additive product that is inconsistent
with RCW 70.118.060, 70.118.070, or this section; and
(d) Make no claims, either direct or implied, about the
performance of the product based on state approval of its
ingredients.
(2) A violation of this section is an unfair act or practice
in violation of the consumer protection act, chapter 19.86
RCW. [1994 c 281 § 5.]
Finding—Purpose—Effective date—1994 c 281: See notes following
RCW 70.118.020.
70.118.090
70.118.090 Funding. The department may not use
funds appropriated to implement an element of the *Puget
Sound water quality authority plan to conduct any activity
required under chapter 281, Laws of 1994. [1994 c 281 § 6.]
*Reviser's note: The Puget Sound water quality authority and its powers and duties, pursuant to the Sunset Act, chapter 43.131 RCW, were terminated June 30, 1995, and repealed June 30, 1996. See 1990 c 115 §§ 11 and
12. Powers, duties, and functions of the Puget Sound water quality authority
pertaining to cleanup and protection of Puget Sound transferred to the Puget
Sound action team by 1996 c 138 § 11. See RCW 90.71.903.
Finding—Purpose—Effective date—1994 c 281: See notes following
RCW 70.118.020.
70.118.100
70.118.100 Alternative systems—Technical review
committee. The department of health must include one person who is familiar with the operation and maintenance of
certified proprietary devices on the technical review committee responsible for evaluating and making recommendations
to the department of health regarding the general use of alternative on-site sewage systems in the state. [1997 c 447 § 3.]
Finding—Purpose—Construction—1997 c 447: See notes following
RCW 70.05.074.
70.118.110
70.118.110 Alternative systems—State guidelines
and standards. In order to assure that technical guidelines
and standards keep pace with advancing technologies, the
department of health in collaboration with the technical
review committee, local health departments, and other interested parties, must review and update as appropriate, the state
guidelines and standards for alternative on-site sewage disposal every three years. The first review and update must be
completed by January 1, 1999. [1997 c 447 § 5.]
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
70.118.120
70.118.120 Inspectors—Certificate of competency.
(1) The local board of health shall ensure that individuals
who conduct inspections of on-site wastewater treatment systems or who otherwise conduct reviews of such systems are
qualified in the technology and application of on-site sewage
treatment principles. A certificate of competency issued by
the department of licensing is adequate demonstration that an
individual is competent in the engineering aspects of on-site
wastewater treatment system technology.
(2004 Ed.)
70.119.020
(2) A local board of health may allow noncertified individuals to review designs of, and conduct inspections of, onsite wastewater treatment systems for a maximum of two
years after the date of hire, if a certified individual reviews or
supervises the work during that time. [1999 c 263 § 22.]
Chapter 70.119 RCW
PUBLIC WATER SUPPLY SYSTEMS—OPERATORS
Chapter 70.119
Sections
70.119.010
70.119.020
70.119.030
70.119.040
70.119.050
70.119.060
70.119.070
70.119.081
70.119.090
70.119.100
70.119.110
70.119.120
70.119.130
70.119.140
70.119.150
70.119.160
70.119.900
Legislative declaration.
Definitions.
Certified operators required for certain public water systems.
Exclusions from chapter.
Rules and regulations—Secretary to adopt.
Public water systems—Secretary to categorize.
Secretary—Consideration of guidelines.
Ad hoc advisory committees.
Certificates without examination—Conditions.
Certificates—Issuance and renewal—Conditions.
Certificates—Grounds for revocation.
Secretary—Authority.
Violations—Penalties.
Certificates—Reciprocity with other states.
Waterworks operator certification account.
Fee schedules—Certified operators—Public water systems.
Effective date—1977 ex.s. c 99.
70.119.010 Legislative declaration. The legislature
declares that competent operation of a public water system is
necessary for the protection of the consumers' health, and
therefore it is of vital interest to the public. In order to protect
the public health and conserve and protect the water
resources of the state, it is necessary to provide for the classifying of all public water systems; to require the examination
and certification of the persons responsible for the technical
operation of such systems; and to provide for the promulgation of rules and regulations to carry out this chapter. [1991
c 305 § 1; 1983 c 292 § 1; 1977 ex.s. c 99 § 1.]
70.119.010
70.119.020 Definitions. As used in this chapter unless
context requires another meaning:
(1) "Certificate" means a certificate of competency
issued by the secretary stating that the operator has met the
requirements for the specified operator classification of the
certification program.
(2) "Certified operator" means an individual holding a
valid certificate and employed or appointed by any county,
water-sewer district, municipality, public or private corporation, company, institution, person, or the state of Washington
and who is designated by the employing or appointing officials as the person responsible for active daily technical operation.
(3) "Department" means the department of health.
(4) "Distribution system" means that portion of a public
water system which stores, transmits, pumps and distributes
water to consumers.
(5) "Ground water under the direct influence of surface
water" means any water beneath the surface of the ground
with:
(a) Significant occurrence of insects or other macroorganisms, algae, or large diameter pathogens such as giardia
lamblia; or
(b) Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH
70.119.020
[Title 70 RCW—page 331]
70.119.030
Title 70 RCW: Public Health and Safety
which closely correlate to climatological or surface water
conditions.
(6) "Group A water system" means a system with fifteen
or more service connections, regardless of the number of people; or a system serving an average of twenty-five or more
people per day for sixty or more days within a calendar year,
regardless of the number of service connections. Group A
water system does not include a system serving fewer than
fifteen single-family residences, regardless of the number of
people.
(7) "Nationally recognized association of certification
authorities" shall mean an organization which serves as an
information center for certification activities, recommends
minimum standards and guidelines for classification of potable water treatment plants, water distribution systems and
waste water facilities and certification of operators, facilitates
reciprocity between state programs and assists authorities in
establishing new certification programs and updating existing ones.
(8) "Public water system" means any system, excluding
a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing piped water for human
consumption, including any collection, treatment, storage, or
distribution facilities under control of the purveyor and used
primarily in connection with the system; and collection or
pretreatment storage facilities not under control of the purveyor but primarily used in connection with the system.
(9) "Purification plant" means that portion of a public
water system which treats or improves the physical, chemical
or bacteriological quality of the system's water to bring the
water into compliance with state board of health standards.
(10) "Secretary" means the secretary of the department
of health.
(11) "Service" means a connection to a public water system designed to serve a single-family residence, dwelling
unit, or equivalent use. If the facility has group home or barracks-type accommodations, three persons will be considered
equivalent to one service.
(12) "Surface water" means all water open to the atmosphere and subject to surface runoff. [1999 c 153 § 67; 1995
c 269 § 2904; 1991 c 305 § 2; 1991 c 3 § 369; 1983 c 292 §
2; 1977 ex.s. c 99 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
Public water supply systems to comply with water quality standards: RCW
70.142.050.
70.119.030
70.119.030 Certified operators required for certain
public water systems. (1) A public water system shall have
a certified operator if:
(a) It is a group A water system; or
(b) It is a public water system using a surface water
source or a ground water source under the direct influence of
surface water.
(2) The certified operators shall be in charge of the technical direction of a water system's operation, or an operating
shift of such a system, or a major segment of a system neces[Title 70 RCW—page 332]
sary for monitoring or improving the quality of water. The
operator shall be certified as provided in RCW 70.119.050.
(3) A certified operator may provide required services to
more than one system or to a group of systems. The amount
of time that a certified operator shall be required to be present
at any given system shall be based upon the time required to
properly operate and maintain the public water system as
designed and constructed in accordance with RCW
43.20.050. The employing or appointing officials shall designate the position or positions requiring mandatory certification within their individual systems and shall assure that such
certified operators are responsible for the system's technical
operation.
(4) The department shall, in establishing by rule or otherwise the requirements for public water systems with fewer
than one hundred connections, phase in such requirements in
order to assure that (a) an adequate number of certified operators are available to serve the additional systems, (b) the systems have adequate notice and time to plan for securing the
services of a certified operator, (c) the department has the
additional data and other administrative capacity, (d) adequate training is available to certify additional operators as
necessary, and (e) any additional requirements under federal
law are satisfied. The department shall require certified operators for all group A systems as necessary to conform to federal law or implementing rules or guidelines. Unless necessary to conform to federal law, rules, or guidelines, the
department shall not require a certified operator for a system
with fewer than one hundred connections unless that system
is determined by the department to be in significant noncompliance with operational, monitoring, or water quality standards that would put the public health at risk, as defined by
the department by rule, or has, or is required to have, water
treatment facilities other than simple disinfection.
(5) Any examination required by the department as a
prerequisite for the issuance of a certificate under this chapter
shall be offered in each region where the department has a
regional office.
(6) Operators not required to be certified by this chapter
are encouraged to become certified on a voluntary basis.
[1997 c 218 § 2; 1995 c 376 § 6; 1991 c 305 § 3; 1983 c 292
§ 3; 1977 ex.s. c 99 § 3.]
Findings—1997 c 218: "The legislature finds and declares that:
(1) The provision of safe and reliable water supplies to the people of
the state of Washington is fundamental to ensuring public health and continuing economic vitality of this state.
(2) The department of health, pursuant to legislative directive in 1995,
has provided a report that incorporates the findings and recommendations of
the water supply advisory committee as to progress in meeting the objectives
of the public health improvement plan, changes warranted by the recent congressional action reauthorizing the federal safe drinking water act, and new
approaches to providing services under the general principles of regulatory
reform.
(3) The environmental protection agency has recently completed a
national assessment of public water system capital needs, which has identified over four billion dollars in such needs in the state of Washington.
(4) The changes to the safe drinking water act offer the opportunity for
the increased ability of the state to tailor federal requirements and programs
to meet the conditions and objectives within this state.
(5) The department of health and local governments should be provided with adequate authority, flexibility, and resources to be able to implement the principles and recommendations adopted by the water supply advisory committee.
(6) Statutory changes are necessary to eliminate ambiguity or conflicting authorities, provide additional information and tools to consumers and
(2004 Ed.)
Public Water Supply Systems—Operators
the public, and make necessary changes to be consistent with federal law.
(7) A basic element to the protection of the public's health from waterborne disease outbreaks is systematic and comprehensive monitoring of
water supplies for all contaminants, including hazardous substances with
long-term health effects, and routine field visits to water systems for technical assistance and evaluation.
(8) The water systems of this state should have prompt and full access
to the newly created federal state revolving fund program to help meet their
financial needs and to achieve and maintain the technical, managerial, and
financial capacity necessary for long-term compliance with state and federal
regulations. This requires authority for streamlined program administration
and the provision of the necessary state funds required to match the available
federal funds.
(9) Stable, predictable, and adequate funding is essential to a statewide
drinking water program that meets state public health objectives and provides the necessary state resources to utilize the new flexibility, opportunities, and programs under the safe drinking water act." [1997 c 218 § 1.]
Effective date—1997 c 218: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 25, 1997]." [1997 c 218 § 6.]
Findings—1995 c 376: See note following RCW 70.116.060.
70.119.100
sideration economic impacts as well as the degree and nature
of any public health risk. [1991 c 305 § 4; 1977 ex.s. c 99 §
6.]
70.119.070
70.119.070 Secretary—Consideration of guidelines.
The secretary is authorized, when taking action pursuant to
RCW 70.119.050 and 70.119.060, to consider generally
applicable criteria and guidelines developed by a nationally
recognized association of certification authorities and commonly accepted national guidelines and standards. [1983 c
292 § 5; 1977 ex.s. c 99 § 7.]
70.119.081
70.119.081 Ad hoc advisory committees. The secretary, in cooperation with the director of ecology, may establish ad hoc advisory committees, as necessary, to obtain
advice and technical assistance regarding the development of
rules implementing this chapter and on the examination and
certification of operators of water systems. [1995 c 269 §
2909.]
70.119.040
70.119.040 Exclusions from chapter. Nothing in this
chapter shall apply to:
(1) Industrial water supply systems which do not supply
water to residences for domestic use and are under the jurisdictional requirements of the Washington Industrial Safety
and Health Act of 1973, chapter 49.17 RCW, as now or hereafter amended; or
(2) The preparation, distribution, or sale of bottled water
or water similarly packaged. [1977 ex.s. c 99 § 4.]
70.119.050
70.119.050 Rules and regulations—Secretary to
adopt. The secretary shall adopt such rules and regulations
as may be necessary for the administration of this chapter and
shall enforce such rules and regulations. The rules and regulations shall include provisions establishing minimum qualifications and procedures for the certification of operators, criteria for determining the kind and nature of continuing educational requirements for renewal of certification under RCW
70.119.100(2), and provisions for classifying water purification plants and distribution systems.
Rules and regulations adopted under the provisions of
this section shall be adopted in accordance with the provisions of chapter 34.05 RCW. [1995 c 269 § 2905; 1983 c 292
§ 4; 1977 ex.s. c 99 § 5.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.119.060
70.119.060 Public water systems—Secretary to categorize. The secretary shall further categorize all public water
systems with regard to the size, type, source of water, and
other relevant physical conditions affecting purification
plants and distribution systems to assist in identifying the
skills, knowledge and experience required for the certification of operators for each category of such systems, to assure
the protection of the public health and conservation and protection of the state's water resources as required under RCW
70.119.010, and to implement the provisions of the state safe
drinking water act in chapter 70.119A RCW. In categorizing
all public water systems for the purpose of implementing
these provisions of state law, the secretary shall take into con(2004 Ed.)
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.119.090
70.119.090 Certificates without examination—Conditions. Certificates shall be issued without examination
under the following conditions:
(1) Certificates shall be issued without application fee to
operators who, on January 1, 1978, hold certificates of competency attained under the voluntary certification program
sponsored jointly by the state department of social and health
services, health services division, and the Pacific Northwest
section of the American water works association.
(2) Certification shall be issued to persons certified by a
governing body or owner of a public water system to have
been the operators of a purification plant or distribution system on January 1, 1978, but only to those who are required to
be certified under RCW 70.119.030(1). A certificate so
issued shall be valid for operating any plant or system of the
same classification and same type of water source.
(3) A nonrenewable certificate, temporary in nature, may
be issued to an operator for a period not to exceed twelve
months to fill a vacated position required to have a certified
operator. Only one such certificate may be issued subsequent
to each instance of vacation of any such position. [1991 c
305 § 5; 1983 c 292 § 7; 1977 ex.s. c 99 § 9.]
Effective date—1977 ex.s. c 99: See RCW 70.119.900.
70.119.100
70.119.100 Certificates—Issuance and renewal—
Conditions. The issuance and renewal of a certificate shall
be subject to the following conditions:
(1) Except as provided in RCW 70.119.090, a certificate
shall be issued if the operator has satisfactorily passed a written examination, has paid the department an application fee
as established by the department under RCW 70.119.160, and
has met the requirements specified in the rules and regulations as authorized by this chapter.
(2) Every certificate shall be renewed annually upon the
payment of a fee as established by the department under
RCW 70.119.160 and satisfactory evidence is presented to
the secretary that the operator has fulfilled the continuing
[Title 70 RCW—page 333]
70.119.110
Title 70 RCW: Public Health and Safety
education requirements as prescribed by rule of the department.
(3) The secretary shall notify operators who fail to renew
their certificates before the end of the year that their certificates are temporarily valid for two months following the end
of the certificate year. Certificates not renewed during the
two month period shall be invalid and the secretary shall so
notify the holders of such certificates.
(4) An operator who has failed to renew a certificate pursuant to the provisions of this section, may reapply for certification and the secretary may require the operator to meet
the requirements established for new applicants. [1993 c 306
§ 1; 1991 c 305 § 6; 1987 c 75 § 11; 1983 c 292 § 8; 1982 c
201 § 13; 1977 ex.s. c 99 § 10.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
70.119.110 Certificates—Grounds for revocation.
The secretary may after conducting a hearing revoke a certificate found to have been obtained by fraud or deceit; or for
gross negligence in the operation of a purification plant or
distribution system; or for an intentional violation of the
requirements of this chapter or any lawful rules, order, or regulation of the department. No person whose certificate is
revoked under this section shall be eligible to apply for a certificate for one year from the effective date of the final order
of revocation. [1995 c 269 § 2906; 1991 c 305 § 7; 1983 c
292 § 9; 1977 ex.s. c 99 § 11.]
70.119.110
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
received and a reasonable opportunity for correction has been
given. [1991 c 305 § 8; 1983 c 292 § 10; 1977 ex.s. c 99 §
13.]
Effective date—1977 ex.s. c 99: See RCW 70.119.900.
70.119.140
70.119.140 Certificates—Reciprocity with other
states. Operators certified by any state under provisions that,
in the judgment of the secretary, are substantially equivalent
to the requirements of this chapter and any rules and regulations promulgated hereunder, may be issued, upon application, a certificate without examination.
In making determinations pursuant to this section, the
secretary shall consult with the *board and may consider any
generally applicable criteria and guidelines developed by a
nationally recognized association of certification authorities.
[1977 ex.s. c 99 § 14.]
*Reviser's note: RCW 70.95B.070, which created the water and wastewater operator certification board of examiners, was repealed by 1995 c 269
§ 2907, effective July 1, 1995.
70.119.150
70.119.150 Waterworks operator certification
account. The waterworks operator certification account is
created in the general fund of the state treasury. All fees paid
pursuant to RCW 70.119.100, 70.119.120(3), and any other
receipts realized in the administration of this chapter shall be
deposited in the waterworks operator certification account.
Moneys in the account shall be spent only after appropriation.
Moneys from the account shall be used by the department of
health to carry out the purposes of the waterworks operator
certification program. [1993 c 306 § 3; 1977 ex.s. c 99 § 15.]
70.119.160
70.119.120 Secretary—Authority. To carry out the
provisions and purposes of this chapter, the secretary is
authorized and empowered to:
(1) Receive financial and technical assistance from the
federal government and other public or private agencies.
(2) Participate in related programs of the federal government, other state, interstate agencies, or other public or private agencies or organizations.
(3) Assess fees determined pursuant to RCW 70.119.160
on public water systems to support the waterworks operator
certification program. [1993 c 306 § 2; 1977 ex.s. c 99 § 12.]
70.119.120
70.119.130 Violations—Penalties. Any person,
including any operator or any firm, association, corporation,
municipal corporation, or other governmental subdivision or
agency who, after thirty days' written notice, operates a public water system which is not in compliance with RCW
70.119.030(1), shall be guilty of a misdemeanor. Each month
of such operation out of compliance with RCW
70.119.030(1) shall constitute a separate offense. Upon conviction, violators shall be fined an amount not exceeding one
hundred dollars for each offense. It shall be the duty of the
prosecuting attorney or the attorney general, as appropriate to
secure injunctions of continuing violations of any provisions
of this chapter or the rules and regulations adopted hereunder: PROVIDED, That, except in the case of fraud, deceit, or
gross negligence under RCW 70.119.110, no revocation,
citation or charge shall be made under RCW 70.119.110 and
70.119.130 until a proper written notice of violation is
70.119.130
[Title 70 RCW—page 334]
70.119.160 Fee schedules—Certified operators—
Public water systems. The department of health certifies
individuals responsible for the active daily technical operation of public water supply systems and monitors public
water supply systems to ensure that such systems comply
with the requirements of this chapter and regulations implementing this chapter. The secretary shall establish a schedule
of fees for certified operator applicants and renewal licenses
and a separate schedule of fees for public water systems to
support the waterworks operator certification program. The
fees shall be set at a level sufficient for the department to
recover the costs of the waterworks operator certification
program and in accordance with the procedures established
under RCW 43.70.250. [1993 c 306 § 4.]
70.119.900
70.119.900 Effective date—1977 ex.s. c 99. This act
shall take effect on January 1, 1978. [1977 ex.s. c 99 § 17.]
Chapter 70.119A
Chapter 70.119A RCW
PUBLIC WATER SYSTEMS—
PENALTIES AND COMPLIANCE
Sections
70.119A.020 Definitions.
70.119A.025 Environmental excellence program agreements—Effect on
chapter.
70.119A.030 Public health emergencies—Violations—Penalty.
70.119A.040 Additional or alternative penalty—Informal resolution unless
a public health emergency.
70.119A.050 Enforcement of regulations by local boards of health—Civil
penalties.
(2004 Ed.)
Public Water Systems—Penalties and Compliance
70.119A.060 Public water systems—Mandate—Conditions for approval
or creation of new public water system—Department and
local health jurisdiction duties.
70.119A.070 Department contracting authority.
70.119A.080 Drinking water program.
70.119A.100 Operating permits—Findings.
70.119A.110 Operating permits—Application process—Phase-in of
implementation—Satellite systems.
70.119A.115 Organic and inorganic chemicals—Area-wide waiver program.
70.119A.120 Safe drinking water account.
70.119A.130 Local government authority.
70.119A.140 Report by bottled water plant operator or water dealer of contaminant in water source.
70.119A.150 Authority to enter premises—Search warrants—Investigations.
70.119A.160 Water supply advisory committee.
70.119A.170 Drinking water assistance account—Drinking water assistance administrative account—Drinking water assistance
repayment account—Program to provide financial assistance to public water systems—Responsibilities.
70.119A.180 Water use efficiency requirements—Rules.
70.119A.900 Short title—1989 c 422.
Drinking water quality consumer complaints: RCW 80.04.110.
70.119A.020
70.119A.020 Definitions. Unless the context clearly
requires otherwise, the following definitions apply throughout this chapter:
(1) "Department" means the department of health.
(2) "Local board of health" means the city, town, county,
or district board of health.
(3) "Local health jurisdiction" means an entity created
under chapter 70.05, 70.08, or 70.46 RCW which provides
public health services to persons within the area.
(4) "Public water system" means any system, excluding
a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing water for human consumption through pipes or other constructed conveyances,
including any collection, treatment, storage, or distribution
facilities under control of the purveyor and used primarily in
connection with the system; and collection or pretreatment
storage facilities not under control of the purveyor but primarily used in connection with the system, including:
(a) Any collection, treatment, storage, and distribution
facilities under control of the purveyor and used primarily in
connection with such system; and
(b) Any collection or pretreatment storage facilities not
under control of the purveyor which are primarily used in
connection with such system.
(5) "Order" means a written direction to comply with a
p r o v i s io n o f t h e r e g u l a t i o n s a d o p te d u n d e r R C W
43.20.050(2)(a) or 70.119.050 or to take an action or a series
of actions to comply with the regulations.
(6) "Purveyor" means any agency or subdivision of the
state or any municipal corporation, firm, company, mutual or
cooperative association, institution, partnership, or person or
any other entity, that owns or operates a public water system.
It also means the authorized agents of any such entities.
(7) "Regulations" means rules adopted to carry out the
purposes of this chapter.
(8) "Federal safe drinking water act" means the federal
safe drinking water act, 42 U.S.C. Sec. 300f et seq., as now in
effect or hereafter amended.
(9) "Area-wide waivers" means a waiver granted by the
department as a result of a geographically based testing pro(2004 Ed.)
70.119A.030
gram meeting required provisions of the federal safe drinking
water act.
(10) "Local health officer" means the legally qualified
physician who has been appointed as the health officer for the
city, town, county, or district public health department.
(11) "Person" includes, but is not limited to, natural persons, municipal corporations, governmental agencies, firms,
companies, mutual or cooperative associations, institutions,
and partnerships. It also means the authorized agents of any
such entities.
(12) "Public health emergency" means a declaration by
an authorized health official of a situation in which either illness, or exposure known to cause illness, is occurring or is
imminent.
(13) "Secretary" means the secretary of the department
of health.
(14) "State board of health" is the board created by RCW
43.20.030. [1999 c 118 § 2; 1994 c 252 § 2; 1991 c 304 § 2;
1991 c 3 § 370; 1989 c 422 § 2; 1986 c 271 § 2.]
Finding—Intent—1999 c 118: "The legislature finds and declares that
the provision of safe and reliable water supplies is essential to public health
and the continued economic vitality of the state of Washington. Maintaining
the authority necessary to ensure safe and reliable water supplies requires
that state laws conform with the provisions of the federal safe drinking water
act. It is the intent of the legislature that the definition of public water system
be amended to reflect recent amendments to the federal safe drinking water
act." [1999 c 118 § 1.]
Finding—1994 c 252: "The legislature finds that:
(1) The federal safe drinking water act has imposed significant new
costs on public water systems and that the state should seek maximum regulatory flexibility allowed under federal law;
(2) There is a need to comprehensively assess and characterize the
ground waters of the state to evaluate public health risks from organic and
inorganic chemicals regulated under federal law;
(3) That federal law provides a mechanism to significantly reduce testing and monitoring costs to public water systems through the use of areawide waivers.
The legislature therefore directs the department of health to conduct a
voluntary program to selectively test the ground waters of the state for
organic and inorganic chemicals regulated under federal law for the purpose
of granting area-wide waivers." [1994 c 252 § 1.]
Effective date—1994 c 252: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 1, 1994]." [1994 c 252 § 6.]
Requirements effective upon adoption of rules—1991 c 304: See
note following RCW 70.119A.100.
70.119A.025
70.119A.025 Environmental excellence program
agreements—Effect on chapter. Notwithstanding any
other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement,
entered into under chapter 43.21K RCW. [1997 c 381 § 24.]
Purpose—1997 c 381: See RCW 43.21K.005.
70.119A.030
70.119A.030 Public health emergencies—Violations—Penalty. (1) The secretary or his or her designee or
the local health officer may declare a public health emergency. As limited by RCW 70.119A.040, the department
may impose penalties for violations of laws or regulations
that are determined to be a public health emergency.
(2) As limited by RCW 70.119A.040, the department
may impose penalties for violation of laws or rules regulating
[Title 70 RCW—page 335]
70.119A.040
Title 70 RCW: Public Health and Safety
public water systems and administered by the department of
health. [1993 c 305 § 1; 1991 c 304 § 3; 1989 c 422 § 6; 1986
c 271 § 3.]
Requirements effective upon adoption of rules—1991 c 304: See
note following RCW 70.119A.100.
70.119A.040
70.119A.040 Additional or alternative penalty—
Informal resolution unless a public health emergency.
(1)(a) In addition to or as an alternative to any other penalty
or action allowed by law, a person who violates a law or rule
regulating public water systems and administered by the
department of health is subject to a penalty of not more than
five thousand dollars per day for every such violation, or, in
the case of a violation that has been determined to be a public
health emergency, a penalty of not more than ten thousand
dollars per day for every such violation. Every such violation
shall be a separate and distinct offense. The amount of fine
shall reflect the health significance of the violation and the
previous record of compliance on the part of the public water
supplier. In case of continuing violation, every day's continuance shall be a separate and distinct violation.
(b) In addition, a person who constructs, modifies, or
expands a public water system or who commences the construction, modification, or expansion of a public water system without first obtaining the required departmental
approval is subject to penalties of not more than five thousand dollars per service connection, or, in the case of a system serving a transient population, a penalty of not more than
four hundred dollars per person based on the highest average
daily population the system serves or is anticipated to serve
may be imposed. The total penalty that may be imposed pursuant to this subsection (1)(b) is five hundred thousand dollars. For the purpose of computing the penalty under this subsection, a service connection shall include any new service
connection actually constructed, any anticipated service connection the system has been designed to serve, and, in the
case of a system modification not involving expansions, each
existing service connection that benefits or would benefit
from the modification.
(c) Every person who, through an act of commission or
omission, procures, aids, or abets a violation is considered to
have violated the provisions of this section and is subject to
the penalty provided in this section.
(2) The penalty provided for in this section shall be
imposed by a notice in writing to the person against whom
the civil penalty is assessed and shall describe the violation.
The notice shall be personally served in the manner of service
of a summons in a civil action or in a manner that shows
proof of receipt. A penalty imposed by this section is due
twenty-eight days after receipt of notice unless application
for an adjudicative proceeding is filed as provided in subsection (3) of this section.
(3) Within twenty-eight days after notice is received, the
person incurring the penalty may file an application for an
adjudicative proceeding and may pursue subsequent review
as provided in chapter 34.05 RCW and applicable rules of the
department or board of health.
(4) A penalty imposed by a final administrative order is
due upon service of the final administrative order. A person
who fails to pay a penalty assessed by a final administrative
order within thirty days of service of the final administrative
[Title 70 RCW—page 336]
order shall pay, in addition to the amount of the penalty,
interest at the rate of one percent of the unpaid balance of the
assessed penalty for each month or part of a month that the
penalty remains unpaid, commencing with the month in
which the notice of penalty was served and such reasonable
attorney's fees as are incurred in securing the final administrative order.
(5) A person who institutes proceedings for judicial
review of a final administrative order assessing a civil penalty under this chapter shall place the full amount of the penalty in an interest bearing account in the registry of the
reviewing court. At the conclusion of the proceeding the
court shall, as appropriate, enter a judgment on behalf of the
department and order that the judgment be satisfied to the
extent possible from moneys paid into the registry of the
court or shall enter a judgment in favor of the person appealing the penalty assessment and order return of the moneys
paid into the registry of the court together with accrued interest to the person appealing. The judgment may award reasonable attorney's fees for the cost of the attorney general's office
in representing the department.
(6) If no appeal is taken from a final administrative order
assessing a civil penalty under this chapter, the department
may file a certified copy of the final administrative order with
the clerk of the superior court in which the public water system is located or in Thurston county, and the clerk shall enter
judgment in the name of the department and in the amount of
the penalty assessed in the final administrative order.
(7) A judgment entered under subsection (5) or (6) of
this section shall have the same force and effect as, and is
subject to all of the provisions of law relating to, a judgment
in a civil action, and may be enforced in the same manner as
any other judgment of the court in which it is entered.
(8) All penalties imposed under this section shall be payable to the state treasury and credited to the safe drinking
water account, and shall be used by the department to provide
training and technical assistance to system owners and operators.
(9) Except in cases of public health emergencies, the
department may not impose monetary penalties under this
section unless a prior effort has been made to resolve the violation informally. [1995 c 376 § 8; 1993 c 305 § 2; 1990 c
133 § 8; 1989 c 175 § 135; 1986 c 271 § 4.]
Findings—1995 c 376: See note following RCW 70.116.060.
Findings—Severability—1990 c 133: See notes following RCW
36.94.140.
Effective date—1989 c 175: See note following RCW 34.05.010.
70.119A.050
70.119A.050 Enforcement of regulations by local
boards of health—Civil penalties. Each local board of
health that is enforcing the regulations under an agreement
with the department allocating state and local responsibility
is authorized to impose and collect civil penalties for violations within the area of its responsibility under the same limitations and requirements imposed upon the department by
RCW 70.119A.030 and 70.119A.040, except that judgment
shall be entered in the name of the local board [and] penalties
shall be placed into the general fund of the county, city, or
town operating the local board of health. [1993 c 305 § 3;
1989 c 422 § 8; 1986 c 271 § 5.]
(2004 Ed.)
Public Water Systems—Penalties and Compliance
70.119A.060
70.119A.060 Public water systems—Mandate—Conditions for approval or creation of new public water system—Department and local health jurisdiction duties.
(1) In order to assure safe and reliable public drinking water
and to protect the public health, public water systems shall:
(a) Protect the water sources used for drinking water;
(b) Provide treatment adequate to assure that the public
health is protected;
(c) Provide and effectively operate and maintain public
water system facilities;
(d) Plan for future growth and assure the availability of
safe and reliable drinking water;
(e) Provide the department with the current names,
addresses, and telephone numbers of the owners, operators,
and emergency contact persons for the system, including any
changes to this information, and provide to users the name
and twenty-four hour telephone number of an emergency
contact person; and
(f) Take whatever investigative or corrective action is
necessary to assure that a safe and reliable drinking water
supply is continuously available to users.
(2) No new public water system may be approved or created unless: (a) It is owned or operated by a satellite system
management agency established under RCW 70.116.134 and
the satellite system management system complies with financial viability requirements of the department; or (b) a satellite
management system is not available and it is determined that
the new system has sufficient management and financial
resources to provide safe and reliable service. The approval
of any new system that is not owned by a satellite system
management agency shall be conditioned upon future management or ownership by a satellite system management
agency, if such management or ownership can be made with
reasonable economy and efficiency, or upon periodic review
of the system's operational history to determine its ability to
meet the department's financial viability and other operating
requirements. The department and local health jurisdictions
shall enforce this requirement under authority provided under
this chapter, chapter 70.116, or 70.05 RCW, or other authority governing the approval of new water systems by the
department or a local jurisdiction.
(3) The department and local health jurisdictions shall
carry out the rules and regulations of the state board of health
adopted pursuant to RCW 43.20.050(2)(a) and other rules
adopted by the department relating to public water systems.
[1995 c 376 § 3; 1991 c 304 § 4; 1990 c 132 § 4; 1989 c 422
§ 3.]
Findings—1995 c 376: See note following RCW 70.116.060.
Requirements effective upon adoption of rules—1991 c 304: See
note following RCW 70.119A.100.
Legislative findings—Severability—1990 c 132: See notes following
RCW 43.20.240.
70.119A.070
70.119A.070 Department contracting authority. The
department may enter into contracts to carry out the purposes
of this chapter. [1989 c 422 § 4.]
70.119A.110
and section 1428 of part C of the federal safe drinking water
act. No rule promulgated or implemented by the department
of health or the state board of health for the purpose of compliance with the requirements of the federal safe drinking
water act, 42 U.S.C. Sec. 300f et seq., shall be applicable to
public water systems to which that federal law is not applicable, unless the department or the state board determines that
such rule is necessary for the protection of public health.
(2) The department shall enter into an agreement of
administration with the department of ecology and any other
appropriate agencies, to administer the federal safe drinking
water act.
(3) The department is authorized to accept federal grants
for the administration of a primary program. [1991 c 3 § 371;
1989 c 422 § 5.]
70.119A.100
70.119A.100 Operating permits—Findings. The legislature finds that:
(1) The responsibility for ensuring that the citizens of
this state have a safe and reliable drinking water supply is
shared between local government and state government, and
is the obligation of every public water system;
(2) A rapid increase in the number of public water systems supplying drinking water to the citizens of this state has
significantly increased the burden on both local and state
government to monitor and enforce compliance by these systems with state laws that govern planning, design, construction, operation, maintenance, financing, management, and
emergency response;
(3) The federal safe drinking water act imposes on state
and local governments and the public water systems of this
state significant new responsibilities for monitoring, testing,
and treating drinking water supplies; and
(4) Existing drinking water programs at both the state
and local government level need additional authorities to
enable them to more comprehensively and systematically
address the needs of the public water systems of this state and
assure that the public health and safety of its citizens are protected.
Therefore, annual operating permit requirements shall be
established in accordance with this chapter. The operating
permit requirements shall be administered by the department
and shall be used as a means to assure that public water systems provide safe and reliable drinking water to the public.
The department and local government shall conduct comprehensive and systematic evaluations to assess the adequacy
and financial viability of public water systems. The department may impose permit conditions, requirements for system
improvements, and compliance schedules in order to carry
out the purpose of chapter 304, Laws of 1991. [1991 c 304 §
1.]
Requirements effective upon adoption of rules—1991 c 304: "The
department shall adopt rules necessary to implement sections 5 through 7 of
this act. The requirements of this act shall take effect upon adoption of rules
pursuant to this act." [1991 c 304 § 8.]
70.119A.110
70.119A.080
70.119A.080 Drinking water program. (1) The
department shall administer a drinking water program which
includes, but is not limited to, those program elements necessary to assume primary enforcement responsibility for part B,
(2004 Ed.)
70.119A.110 Operating permits—Application process—Phase-in of implementation—Satellite systems. (1)
No person may operate a group A public water system unless
the person first submits an application to the department and
receives an operating permit as provided in this section. A
[Title 70 RCW—page 337]
70.119A.115
Title 70 RCW: Public Health and Safety
new application must be submitted upon any change in ownership of the system. Any person operating a public water
system on July 28, 1991, may continue to operate the system
until the department takes final action, including any time
necessary for a hearing under subsection (3) of this section,
on a permit application submitted by the person operating the
system under the rules adopted by the department to implement this section.
(2) The department may require that each application
include the information that is reasonable and necessary to
determine that the system complies with applicable standards
and requirements of the federal safe drinking water act, state
law, and rules adopted by the department or by the state board
of health.
(3) Following its review of the application, its supporting
material, and any information received by the department in
its investigation of the application, the department shall issue
or deny the operating permit. The department shall act on initial permit applications as expeditiously as possible, and shall
in all cases either grant or deny the application within one
hundred twenty days of receipt of the application or of any
supplemental information required to complete the application. The applicant for a permit shall be entitled to file an
appeal in accordance with chapter 34.05 RCW if the department denies the initial or subsequent applications or imposes
conditions or requirements upon the operator. Any operator
of a public water system that requests a hearing may continue
to operate the system until a decision is issued after the hearing.
(4) At the time of initial permit application or at the time
of permit renewal the department may impose such permit
conditions, requirements for system improvements, and compliance schedules as it determines are reasonable and necessary to ensure that the system will provide a safe and reliable
water supply to its users.
(5) Operating permits shall be issued for a term of one
year, and shall be renewed annually, unless the operator fails
to apply for a new permit or the department finds good cause
to deny the application for renewal.
(6) Each application shall be accompanied by an annual
fee as follows:
(a) The annual fee for public water supply systems serving fifteen to forty-nine service connections shall be twentyfive dollars.
(b) The annual fee for public water supply systems serving fifty to three thousand three hundred thirty-three service
connections shall be based on a uniform per service connection fee of one dollar and fifty cents per service connection.
(c) The annual fee for public water supply systems serving three thousand three hundred thirty-four to fifty-three
thousand three hundred thirty-three service connections shall
be based on a uniform per service connection fee of one dollar and fifty cents per service connection plus ten cents for
each service connection in excess of three thousand three
hundred thirty-three service connections.
(d) The annual fee for public water supply systems serving fifty-three thousand three hundred thirty-four or more
service connections shall be ten thousand dollars.
(e) In addition to the fees under (a) through (d) of this
subsection, the department may charge an additional one[Title 70 RCW—page 338]
time fee of five dollars for each service connection in a new
water system.
(f) Until June 30, 2007, in addition to the fees under (a)
through (e) of this subsection, the department may charge
municipal water suppliers, as defined in RCW 90.03.015, an
additional annual fee equivalent to twenty-five cents for each
residential service connection for the purpose of funding the
water conservation activities in RCW 70.119A.180.
(7) The department may phase-in the implementation for
any group of systems provided the schedule for implementation is established by rule. Prior to implementing the operating permit requirement on water systems having less than
five hundred service connections, the department shall form a
committee composed of persons operating these systems.
The committee shall be composed of the department of
health, two operators of water systems having under one hundred connections, two operators of water systems having
between one hundred and two hundred service connections,
two operators of water systems having between two hundred
and three hundred service connections, two operators of
water systems having between three hundred and four hundred service connections, two operators of water systems
having between four hundred and five hundred service connections, and two county public health officials. The members shall be chosen from different geographic regions of the
state. This committee shall develop draft rules to implement
this section. The draft rules will then be subject to the rulemaking procedures in accordance with chapter 34.05 RCW.
(8) The department shall notify existing public water
systems of the requirements of RCW 70.119A.030,
70.119A.060, and this section at least one hundred twenty
days prior to the date that an application for a permit is
required pursuant to RCW 70.119A.030, 70.119A.060, and
this section.
(9) The department shall issue one operating permit to
any approved satellite system management agency. Operating permit fees for approved satellite system management
agencies shall be one dollar per connection per year for the
total number of connections under the management of the
approved satellite agency. The department shall define by
rule the meaning of the term "satellite system management
agency." If a statutory definition of this term exists, then the
department shall adopt by rule a definition consistent with the
statutory definition.
(10) For purposes of this section, "group A public water
system" and "system" mean those water systems with fifteen
or more service connections, regardless of the number of people; or a system serving an average of twenty-five or more
people per day for sixty or more days within a calendar year,
regardless of the number of service connections. [2003 1st
sp.s. c 5 § 18; 1991 c 304 § 5.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
Requirements effective upon adoption of rules—1991 c 304: See
note following RCW 70.119A.100.
70.119A.115
70.119A.115 Organic and inorganic chemicals—
Area-wide waiver program. The department shall develop
and implement a voluntary consolidated source monitoring
program sufficient to accurately characterize the source water
quality of the state's drinking water supplies and to maximize
the flexibility allowed in the federal safe drinking water act to
(2004 Ed.)
Public Water Systems—Penalties and Compliance
allow public water systems to be waived from full testing
requirements for organic and inorganic chemicals under the
federal safe drinking water act. The department shall arrange
for the initial sampling and provide for testing and programmatic costs to the extent that the legislature provides funding
for this purpose in water system operating permit fees or
through specific appropriation of funds from other sources.
The department shall assess a fee using its authority under
RCW 43.20B.020, sufficient to cover all testing and directly
related costs to public water systems that otherwise are not
funded. The department shall adjust the amount of the fee
based on the size of the public drinking water system. Fees
charged by the department for this purpose may not vary by
more than a factor of ten. The department shall, to the extent
feasible and cost-effective, use the services of local governments, local health departments, and private laboratories to
implement the testing program. The department shall consult
with the departments of agriculture and ecology for the purpose of exchanging water quality and other information.
[1997 c 218 § 3; 1994 c 252 § 3.]
Findings—Effective date—1997 c 218: See notes following RCW
70.119.030.
Finding—Effective date—1994 c 252: See notes following RCW
70.119A.020.
70.119A.120
70.119A.120 Safe drinking water account. The safe
drinking water account is created in the general fund of the
state treasury. All receipts from the operating permit fees
required to be paid under RCW 70.119A.110 shall be deposited into the account. Moneys in the account may be spent
only after appropriation. Expenditures from the account may
be used by the department of health to carry out the purposes
of chapter 304, Laws of 1991 and to carry out contracts with
local governments in accordance with this chapter. [1991 c
304 § 6.]
Requirements effective upon adoption of rules—1991 c 304: See
note following RCW 70.119A.100.
70.119A.130
70.119A.130 Local government authority. Local governments may establish separate operating permit requirements for public water systems provided the operating permit
requirements have been approved by the department. The
department shall not approve local operating permit requirements unless the local system will result in an increased level
of service to the public water system. There shall not be
duplicate operating permit requirements imposed by local
governments and the department. [1995 c 376 § 9; 1991 c
304 § 7.]
Effective date—1995 c 376 § 9: "Section 9 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect July 1, 1995." [1995 c 376 § 17.]
Findings—1995 c 376: See note following RCW 70.116.060.
Requirements effective upon adoption of rules—1991 c 304: See
note following RCW 70.119A.100.
70.119A.140
70.119A.140 Report by bottled water plant operator
or water dealer of contaminant in water source. In such
cases where a bottled water plant operator or water dealer
knows or has reason to believe that a contaminant is present
in the source water because of spill, release of a hazardous
(2004 Ed.)
70.119A.160
substance, or otherwise, and the contaminant's presence
would create a potential health hazard to consumers, the plant
operator or water dealer must report such an occurrence to the
state's department of health. [1992 c 34 § 5.]
Severability—1992 c 34: See note following RCW 69.07.170.
70.119A.150
70.119A.150 Authority to enter premises—Search
warrants—Investigations. (1)(a) Except as otherwise provided in (b) of this subsection, the secretary or his or her designee shall have the right to enter a premises under the control of a public water system at reasonable times with prior
notification in order to determine compliance with laws and
rules administered by the department of health to test,
inspect, or sample features of a public water system and
inspect, copy, or photograph monitoring equipment or other
features of a public water system, or records required to be
kept under laws or rules regulating public water systems. For
the purposes of this section, "premises under the control of a
public water system" does not include the premises or private
property of a customer of a public water system past the point
on the system where the service connection is made.
(b) The secretary or his or her designee need not give
prior notification to enter a premises under (a) of this subsection if the purpose of the entry is to ensure compliance by the
public water system with a prior order of the department or if
the secretary or the secretary's designee has reasonable cause
to believe the public water system is violating the law and
poses a serious threat to public health and safety.
(2) The secretary or his or her designee may apply for an
administrative search warrant to a court official authorized to
issue a criminal search warrant. An administrative search
warrant may be issued for the purposes of inspecting or
examining property, buildings, premises, place, books,
records, or other physical evidence, or conducting tests or
taking samples. The warrant shall be issued upon probable
cause. It is sufficient probable cause to show any of the following:
(a) The inspection, examination, test, or sampling is pursuant to a general administrative plan to determine compliance with laws or rules administered by the department; or
(b) The secretary or his or her designee has reason to
believe that a violation of a law or rule administered by the
department has occurred, is occurring, or may occur.
(3) The local health officer or the designee of a local
health officer of a local board of health that is enforcing rules
regulating public water systems under an agreement with the
department allocating state and local responsibility is authorized to conduct investigations and to apply for, obtain, and
execute administrative search warrants necessary to perform
the local board's agreed-to responsibilities under the same
limitations and requirements imposed on the department
under this section. [1993 c 305 § 4.]
70.119A.160
70.119A.160 Water supply advisory committee. The
department shall create a water supply advisory committee.
Membership on the committee shall reflect a broad range of
interests in the regulation of public water supplies, including
water utilities of all sizes, local governments, business
groups, special purpose districts, local health jurisdictions,
other state and federal agencies, financial institutions, envi[Title 70 RCW—page 339]
70.119A.170
Title 70 RCW: Public Health and Safety
ronmental organizations, the legislature, and other groups
substantially affected by the department's role in implementing state and federal requirements for public water systems.
Members shall be appointed for fixed terms of no less than
two years, and may be reappointed. Any members of an existing advisory committee to the drinking water program may
remain as members of the water supply advisory committee.
The committee shall provide advice to the department on the
organization, functions, service delivery methods, and funding of the drinking water program. The committee shall also
review the adequacy and necessity of the current and prospective funding for the drinking water program, and the
results of the committees' review shall be forwarded to the
department. The report shall include a discussion of the
extent to which the drinking water program has progressed
toward achieving the objectives of the public health improvement plan, and an assessment of any changes to the program
necessitated by modifications to the federal safe drinking
water act. [1998 c 245 § 112; 1995 c 376 § 4.]
Findings—1995 c 376: See note following RCW 70.116.060.
70.119A.170
70.119A.170 Drinking water assistance account—
Drinking water assistance administrative account—
Drinking water assistance repayment account—Program
to provide financial assistance to public water systems—
Responsibilities. (1) A drinking water assistance account is
created in the state treasury. Such subaccounts as are necessary to carry out the purposes of this chapter are permitted to
be established within the account. Therefore, the drinking
water assistance administrative account and the drinking
water assistance repayment account are created in the state
treasury. The purpose of the account is to allow the state to
use any federal funds that become available to states from
congress to fund a state revolving loan fund program as part
of the reauthorization of the federal safe drinking water act.
Expenditures from the account may only be made by the secretary, the public works board, or the department of community, trade, and economic development, after appropriation.
Moneys in the account may only be used, consistent with federal law, to assist water systems to provide safe drinking
water through a program administered through the department of health, the public works board, and the department of
community, trade, and economic development and for other
activities authorized under federal law. Money may be placed
in the account from the proceeds of bonds when authorized
by the legislature, transfers from other state funds or
accounts, federal capitalization grants or other financial
assistance, all repayments of moneys borrowed from the
account, all interest payments made by borrowers from the
account or otherwise earned on the account, or any other lawful source. All interest earned on moneys deposited in the
account, including repayments, shall remain in the account
and may be used for any eligible purpose. Moneys in the
account may only be used to assist local governments and
water systems to provide safe and reliable drinking water, for
other services and assistance authorized by federal law to be
funded from these federal funds, and to administer the program.
(2) The department and the public works board shall
establish and maintain a program to use the moneys in the
[Title 70 RCW—page 340]
drinking water assistance account as provided by the federal
government under the safe drinking water act. The department and the public works board, in consultation with purveyors, local governments, local health jurisdictions, financial institutions, commercial construction interests, other
state agencies, and other affected and interested parties, shall
by January 1, 1999, adopt final joint rules and requirements
for the provision of financial assistance to public water systems as authorized under federal law. Prior to the effective
date of the final rules, the department and the public works
board may establish and utilize guidelines for the sole purpose of ensuring the timely procurement of financial assistance from the federal government under the safe drinking
water act, but such guidelines shall be converted to rules by
January 1, 1999. The department and the public works board
shall make every reasonable effort to ensure the state's receipt
and disbursement of federal funds to eligible public water
systems as quickly as possible after the federal government
has made them available. By December 15, 1997, the department and the public works board shall provide a report to the
appropriate committees of the legislature reflecting the input
from the affected interests and parties on the status of the program. The report shall include significant issues and concerns, the status of rule making and guidelines, and a plan for
the adoption of final rules.
(3) If the department, public works board, or any other
department, agency, board, or commission of state government participates in providing service under this section, the
administering entity shall endeavor to provide cost-effective
and timely services. Mechanisms to provide cost-effective
and timely services include: (a) Adopting federal guidelines
by reference into administrative rules; (b) using existing
management mechanisms rather than creating new administrative structures; (c) investigating the use of service contracts, either with other governmental entities or with nongovernmental service providers; (d) the use of joint or combined financial assistance applications; and (e) any other
method or practice designed to streamline and expedite the
delivery of services and financial assistance.
(4) The department shall have the authority to establish
assistance priorities and carry out oversight and related activities, other than financial administration, with respect to
assistance provided with federal funds. The department, the
public works board, and the department of community, trade,
and economic development shall jointly develop, with the
assistance of water purveyors and other affected and interested parties, a memorandum of understanding setting forth
responsibilities and duties for each of the parties. The memorandum of understanding at a minimum, shall include:
(a) Responsibility for developing guidelines for providing assistance to public water systems and related oversight
prioritization and oversight responsibilities including
requirements for prioritization of loans or other financial
assistance to public water systems;
(b) Department submittal of preapplication information
to the public works board for review and comment;
(c) Department submittal of a prioritized list of projects
to the public works board for determination of:
(i) Financial capability of the applicant; and
(ii) Readiness to proceed, or the ability of the applicant
to promptly commence the project;
(2004 Ed.)
Public Water Systems—Penalties and Compliance
(d) A process for determining consistency with existing
water resource planning and management, including coordinated water supply plans, regional water resource plans, and
comprehensive plans under the growth management act,
chapter 36.70A RCW;
(e) A determination of:
(i) Least-cost solutions, including consolidation and
restructuring of small systems, where appropriate, into more
economical units;
(ii) The provision of regional facilities;
(iii) Projects and activities that facilitate compliance
with the federal safe drinking water act; and
(iv) Projects and activities that are intended to achieve
the public health objectives of federal and state drinking
water laws;
(f) Implementation of water conservation and other
demand management measures consistent with state guidelines for water utilities;
(g) Assistance for the necessary planning and engineering to assure that consistency, coordination, and proper professional review are incorporated into projects or activities
proposed for funding;
(h) Minimum standards for water system capacity, financial viability, and water system planning;
(i) Testing and evaluation of the water quality of the
state's public water system to assure that priority for financial
assistance is provided to systems and areas with threats to
public health from contaminated supplies and reduce in
appropriate cases the substantial increases in costs and rates
that customers of small systems would otherwise incur under
the monitoring and testing requirements of the federal safe
drinking water act;
(j) Coordination, to the maximum extent possible, with
other state programs that provide financial assistance to public water systems and state programs that address existing or
potential water quality or drinking contamination problems;
(k) Definitions of "affordability" and "disadvantaged
community" that are consistent with these and similar terms
in use by other state or federal assistance programs;
(l) Criteria for the financial assistance program for public
water systems, which shall include, but are not limited to:
(i) Determining projects addressing the most serious risk
to human health;
(ii) Determining the capacity of the system to effectively
manage its resources, including meeting state financial viability criteria; and
(iii) Determining the relative benefit to the community
served; and
(m) Ensure that each agency fulfills the audit, accounting, and reporting requirements under federal law for its portion of the administration of this program.
(5) The department and the public works board shall
begin the process to disburse funds no later than October 1,
1997, and shall adopt such rules as are necessary under chapter 34.05 RCW to administer the program by January 1, 1999.
[2001 c 141 § 4; 1997 c 218 § 4; 1995 c 376 § 10.]
Purpose—2001 c 141: See note following RCW 43.84.092.
Findings—Effective date—1997 c 218: See notes following RCW
70.119.030.
Findings—1995 c 376: See note following RCW 70.116.060.
(2004 Ed.)
70.119A.180
70.119A.180
70.119A.180 Water use efficiency requirements—
Rules. (1) It is the intent of the legislature that the department establish water use efficiency requirements designed to
ensure efficient use of water while maintaining water system
financial viability, improving affordability of supplies, and
enhancing system reliability.
(2) The requirements of this section shall apply to all
municipal water suppliers and shall be tailored to be appropriate to system size, forecasted system demand, and system
supply characteristics.
(3) For the purposes of this section:
(a) Water use efficiency includes conservation planning
requirements, water distribution system leakage standards,
and water conservation performance reporting requirements;
and
(b) "Municipal water supplier" and "municipal water
supply purposes" have the meanings provided by RCW
90.03.015.
(4) To accomplish the purposes of this section, the
department shall adopt rules necessary to implement this section by December 31, 2005. The department shall:
(a) Develop conservation planning requirements that
ensure municipal water suppliers are: (i) Implementing programs to integrate conservation with water system operation
and management; and (ii) identifying how to appropriately
fund and implement conservation activities. Requirements
shall apply to the conservation element of water system plans
and small water system management programs developed
pursuant to chapter 43.20 RCW. In establishing the conservation planning requirements the department shall review the
current department conservation planning guidelines and
include those elements that are appropriate for rule. Conservation planning requirements shall include but not be limited
to:
(A) Selection of cost-effective measures to achieve a
system's water conservation objectives. Requirements shall
allow the municipal water supplier to select and schedule
implementation of the best methods for achieving its conservation objectives;
(B) Evaluation of the feasibility of adopting and implementing water delivery rate structures that encourage water
conservation;
(C) Evaluation of each system's water distribution system leakage and, if necessary, identification of steps necessary for achieving water distribution system leakage standards developed under (b) of this subsection;
(D) Collection and reporting of water consumption and
source production and/or water purchase data. Data collection and reporting requirements shall be sufficient to identify
water use patterns among utility customer classes, where
applicable, and evaluate the effectiveness of each system's
conservation program. Requirements, including reporting
frequency, shall be appropriate to system size and complexity. Reports shall be available to the public; and
(E) Establishment of minimum requirements for water
demand forecast methodologies such that demand forecasts
prepared by municipal water suppliers are sufficient for use
in determining reasonably anticipated future water needs;
(b) Develop water distribution system leakage standards
to ensure that municipal water suppliers are taking appropriate steps to reduce water system leakage rates or are main[Title 70 RCW—page 341]
70.119A.900
Title 70 RCW: Public Health and Safety
taining their water distribution systems in a condition that
results in leakage rates in compliance with the standards.
Limits shall be developed in terms of percentage of total
water produced and/or purchased and shall not be lower than
ten percent. The department may consider alternatives to the
percentage of total water supplied where alternatives provide
a better evaluation of the water system's leakage performance. The department shall institute a graduated system of
requirements based on levels of water system leakage. A
municipal water supplier shall select one or more control
methods appropriate for addressing leakage in its water system;
(c) Establish minimum requirements for water conservation performance reporting to assure that municipal water
suppliers are regularly evaluating and reporting their water
conservation performance. The objective of setting conservation goals is to enhance the efficient use of water by the
water system customers. Performance reporting shall
include:
(i) Requirements that municipal water suppliers adopt
and achieve water conservation goals. The elected governing
board or governing body of the water system shall set water
conservation goals for the system. In setting water conservation goals the water supplier may consider historic conservation performance and conservation investment, customer
base demographics, regional climate variations, forecasted
demand and system supply characteristics, system financial
viability, system reliability, and affordability of water rates.
Conservation goals shall be established by the municipal
water supplier in an open public forum;
(ii) Requirements that the municipal water supplier
adopt schedules for implementing conservation program elements and achieving conservation goals to ensure that
progress is being made toward adopted conservation goals;
(iii) A reporting system for regular reviews of conservation performance against adopted goals. Performance reports
shall be available to customers and the public. Requirements,
including reporting frequency, shall be appropriate to system
size and complexity;
(iv) Requirements that any system not meeting its water
conservation goals shall develop a plan for modifying its conservation program to achieve its goals along with procedures
for reporting performance to the department;
(v) If a municipal water supplier determines that further
reductions in consumption are not reasonably achievable, it
shall identify how current consumption levels will be maintained;
(d) Adopt rules that, to the maximum extent practical,
utilize existing mechanisms and simplified procedures in
order to minimize the cost and complexity of implementation
and to avoid placing unreasonable financial burden on
smaller municipal systems.
(5) The department shall establish an advisory committee to assist the department in developing rules for water use
efficiency. The advisory committee shall include representatives from public water system customers, environmental
interest groups, business interest groups, a representative
cross-section of municipal water suppliers, a water utility
conservation professional, tribal governments, the department of ecology, and any other members determined necessary by the department. The department may use the water
[Title 70 RCW—page 342]
supply advisory committee created pursuant to RCW
70.119A.160 augmented with additional participants as necessary to comply with this subsection to assist the department
in developing rules.
(6) The department shall provide technical assistance
upon request to municipal water suppliers and local governments regarding water conservation, which may include
development of best management practices for water conservation programs, conservation landscape ordinances, conservation rate structures for public water systems, and general
public education programs on water conservation.
(7) To ensure compliance with this section, the department shall establish a compliance process that incorporates a
graduated approach employing the full range of compliance
mechanisms available to the department.
(8) Prior to completion of rule making required in subsection (4) of this section, municipal water suppliers shall
continue to meet the existing conservation requirements of
the department and shall continue to implement their current
water conservation programs. [2003 1st sp.s. c 5 § 7.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
70.119A.900
70.119A.900 Short title—1989 c 422. This act shall be
known and cited as the "Washington state safe drinking water
act." [1989 c 422 § 1.]
Chapter 70.120 RCW
MOTOR VEHICLE EMISSION CONTROL
Chapter 70.120
Sections
70.120.010
70.120.020
70.120.070
70.120.080
70.120.100
70.120.120
70.120.130
70.120.150
70.120.160
70.120.170
70.120.190
70.120.200
70.120.210
70.120.230
70.120.901
70.120.902
Definitions.
Programs.
Vehicle inspections—Failed—Certificate of acceptance.
Vehicle inspections—Fleets.
Vehicle inspections—Complaints.
Rules.
Authority.
Vehicle emission and equipment standards—Designation of
noncompliance areas and emission contributing areas.
Noncompliance areas—Annual review.
Motor vehicle emission inspections—Fees—Certificate of
compliance—State and local agency vehicles.
Used vehicles.
Engine conformance.
Clean-fuel performance and clean-fuel vehicle emissions
specifications.
Scientific advisory board—Composition of board—Duties.
Captions not law—1989 c 240.
Effective date—1989 c 240.
Environmental certification programs—Fees—Rules—Liability: RCW
43.21A.175.
70.120.010
70.120.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of
ecology.
(3) "Fleet" means a group of fifteen or more motor vehicles registered in the same name and whose owner has been
assigned a fleet identifier code by the department of licensing.
(4) "Motor vehicle" means any self-propelled vehicle
required to be licensed pursuant to chapter 46.16 RCW.
(2004 Ed.)
Motor Vehicle Emission Control
(5) "Motor vehicle dealer" means a motor vehicle dealer,
as defined in RCW 46.70.011, that is licensed pursuant to
chapter 46.70 RCW.
(6) "Person" means an individual, firm, public or private
corporation, association, partnership, political subdivision of
the state, municipality, or governmental agency.
(7) The terms "air contaminant," "air pollution," "air
quality standard," "ambient air," "emission," and "emission
standard" have the meanings given them in RCW 70.94.030.
[1991 c 199 § 201; 1979 ex.s. c 163 § 1.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Severability—1979 ex.s. c 163: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 163 § 19.]
70.120.020
70.120.020 Programs. (1) The department shall conduct a public educational program regarding the health
effects of air pollution emitted by motor vehicles; the purpose, operation, and effect of emission control devices and
systems; and the effect that proper maintenance of motor
vehicle engines has on fuel economy and air pollution emission and a public notification program identifying the geographic areas of the state that are designated as being noncompliance areas and emission contributing areas and
describing the requirements imposed under this chapter for
those areas.
(2)(a) The department shall grant certificates of instruction to persons who successfully complete a course of study,
under general requirements established by the director, in the
maintenance of motor vehicle engines, the use of engine and
exhaust analysis equipment, and the repair and maintenance
of emission control devices. The director may establish and
implement procedures for granting certification to persons
who successfully complete other training programs or who
have received certification from public and private organizations which meet the requirements established in this subsection, including programs on clean fuel technology and maintenance.
(b) The department shall make available to the public a
list of those persons who have received certificates of instruction under subsection (2)(a) of this section. [1991 c 199 §
202; 1989 c 240 § 5; 1979 ex.s. c 163 § 2.]
Intent—1991 c 199: "(1) It is the intent of the legislature that the state
take advantage of the best emission control systems available on new motor
vehicles. The department shall conduct a study to determine if requiring new
vehicles sold in the state to meet California vehicle emission standards will
provide a significant benefit to attainment of ambient air quality standards in
this state. The department shall report the findings of its study and its recommendations to the appropriate standing committees of the legislature. The
department shall not adopt the California vehicle emission standards unless
authorized by the legislature.
(2) In the event that California vehicle emission standards are adopted,
the department shall not include a program for in-use testing and recall of
vehicles required to meet California emission standards." [1991 c 199 §
229.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Severability—1979 ex.s. c 163: See note following RCW 70.120.010.
(2004 Ed.)
70.120.080
70.120.070 Vehicle inspections—Failed—Certificate
of acceptance. (1) Any person:
(a) Whose motor vehicle is tested pursuant to this chapter and fails to comply with the emission standards established for the vehicle; and
(b) Who, following such a test, expends more than one
hundred dollars on a 1980 or earlier model year motor vehicle
or expends more than one hundred fifty dollars on a 1981 or
later model year motor vehicle for repairs solely devoted to
meeting the emission standards and that are performed by a
ce r t i f i ed e m i s s i o n s p ec i al i s t a u t h o r i z ed b y R C W
70.120.020(2)(a); and
(c) Whose vehicle fails a retest, may be issued a certificate of acceptance if (i) the vehicle has been in use for more
than five years or fifty thousand miles, and (ii) any component of the vehicle installed by the manufacturer for the purpose of reducing emissions, or its appropriate replacement, is
installed and operative.
To receive the certificate, the person must document
compliance with (b) and (c) of this subsection to the satisfaction of the department.
Should any provision of (b) of this subsection be disapproved by the administrator of the United States environmental protection agency, all vehicles shall be required to expend
at least four hundred fifty dollars to qualify for a certificate of
acceptance.
(2) Persons who fail the initial tests shall be provided
with:
(a) Information regarding the availability of federal warranties and certified emission specialists;
(b) Information on the availability and procedure for
acquiring license trip-permits;
(c) Information on the availability and procedure for
receiving a certificate of acceptance; and
(d) The local phone number of the department's local
vehicle specialist. [1998 c 342 § 2; 1991 c 199 § 203; 1989 c
240 § 6; 1980 c 176 § 4; 1979 ex.s. c 163 § 7.]
70.120.070
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Severability—1979 ex.s. c 163: See note following RCW 70.120.010.
70.120.080 Vehicle inspections—Fleets. The director
may authorize an owner or lessee of a fleet of motor vehicles,
or the owner's or lessee's agent, to inspect the vehicles in the
fleet and issue certificates of compliance for the vehicles in
the fleet if the director determines that: (1) The director's
inspection procedures will be complied with; and (2) certificates will be issued only to vehicles in the fleet that meet
emission and equipment standards adopted under RCW
70.120.150 and only when appropriate.
In addition, the director may authorize an owner or lessee of one or more diesel motor vehicles with a gross vehicle
weight rating in excess of eight thousand five hundred
pounds, or the owner's or lessee's agent, to inspect the vehicles and issue certificates of compliance for the vehicles. The
inspections shall be conducted in compliance with inspection
procedures adopted by the department and certificates of
compliance shall only be issued to vehicles that meet emission and equipment standards adopted under RCW
70.120.150.
70.120.080
[Title 70 RCW—page 343]
70.120.100
Title 70 RCW: Public Health and Safety
The director shall establish by rule the fee for fleet or
diesel inspections provided for in this section. The fee shall
be set at an amount necessary to offset the department's cost
to administer the fleet and diesel inspection program authorized by this section.
Owners, leaseholders, or their agents conducting inspections under this section shall pay only the fee established in
this section and not be subject to fees under RCW
70.120.170(4). [1991 c 199 § 205; 1979 ex.s. c 163 § 8.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Severability—1979 ex.s. c 163: See note following RCW 70.120.010.
70.120.100
70.120.100 Vehicle inspections—Complaints. The
department shall investigate complaints received regarding
the operation of emission testing stations and shall require
corrections or modifications in those operations when
deemed necessary.
The department shall also review complaints received
regarding the maintenance or repairs secured by owners of
motor vehicles for the purpose of complying with the requirements of this chapter. When possible, the department shall
assist such owners in determining the merits of the complaints.
The department shall keep a copy of all complaints
received, and on request, make copies available to the public.
This is not intended to require disclosure of any information
that is exempt from public disclosure under chapter 42.17
RCW. [1998 c 342 § 3; 1979 ex.s. c 163 § 10.]
Severability—1979 ex.s. c 163: See note following RCW 70.120.010.
70.120.120
70.120.120 Rules. The director shall adopt rules implementing and enforcing this chapter in accordance with chapter 34.05 RCW. The department shall take into account when
considering proposed modifications of emission contributing
boundaries, as provided for in RCW 70.120.150(6), alternative transportation control and motor vehicle emission reduction measures that are required by local municipal corporations for the purpose of satisfying federal emission guidelines. [1991 c 199 § 206; 1989 c 240 § 8; 1979 ex.s. c 163 §
13.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Severability—1979 ex.s. c 163: See note following RCW 70.120.010.
70.120.130
70.120.130 Authority. The authority granted by this
chapter to the director and the department for controlling
vehicle emissions is supplementary to the department's
authority to control air pollution pursuant to chapter 70.94
RCW. [1979 ex.s. c 163 § 14.]
Severability—1979 ex.s. c 163: See note following RCW 70.120.010.
70.120.150
70.120.150 Vehicle emission and equipment standards—Designation of noncompliance areas and emission
contributing areas. The director:
(1) Shall adopt motor vehicle emission and equipment
standards to: Ensure that no less than seventy percent of the
vehicles tested comply with the standards on the first inspec[Title 70 RCW—page 344]
tion conducted, meet federal clean air act requirements, and
protect human health and the environment.
(2) Shall adopt rules implementing the smoke opacity
testing requirement for diesel vehicles that ensure that such
test is objective and repeatable and that properly maintained
engines that otherwise would meet the applicable federal
emission standards, as measured by the new engine certification test, would not fail the smoke opacity test.
(3) Shall designate a geographic area as being a "noncompliance area" for motor vehicle emissions if (a) the
department's analysis of emission and ambient air quality
data, covering a period of no less than one year, indicates that
the standard has or will probably be exceeded, and (b) the
department determines that the primary source of the air contaminant is motor vehicle emissions.
(4) Shall reevaluate noncompliance areas if the United
States environmental protection agency modifies the relevant
air quality standards, and shall discontinue the program if
compliance is indicated and if the department determines that
the area would continue to be in compliance after the program is discontinued. The director shall notify persons residing in noncompliance areas of the reevaluation.
(5) Shall analyze information regarding the motor vehicle traffic in a noncompliance area to determine the smallest
land area within whose boundaries are present registered
motor vehicles that contribute significantly to the violation of
motor vehicle-related air quality standards in the noncompliance area. The director shall declare the area to be an "emission contributing area." An emission contributing area established for a carbon monoxide or oxides of nitrogen noncompliance area must contain the noncompliance area within its
boundaries. An emission contributing area established for an
ozone noncompliance area located in this state need not contain the ozone noncompliance area within its boundaries if it
can be proven that vehicles registered in the area contribute
significantly to violations of the ozone air quality standard in
the noncompliance area. An emission contributing area may
be established in this state for violations of federal air quality
standards for ozone in an adjacent state if (a) the United
States environmental protection agency designates an area to
be a "nonattainment area for ozone" under the provisions of
the federal Clean Air Act (42 U.S.C. 7401 et seq.), and (b) it
can be proven that vehicles registered in this state contribute
significantly to the violation of the federal air quality standards for ozone in the adjacent state's nonattainment area.
(6) Shall, after consultation with the appropriate local
government entities, designate areas as being noncompliance
areas or emission contributing areas, and shall establish the
boundaries of such areas by rule. The director may also modify boundaries. In establishing the external boundaries of an
emission contributing area, the director shall use the boundaries established for ZIP code service areas by the United
States postal service.
(7) May make grants to units of government in support
of planning efforts to reduce motor vehicle emissions. [1991
c 199 § 207; 1989 c 240 § 2.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
(2004 Ed.)
Motor Vehicle Emission Control
70.120.160 Noncompliance areas—Annual review.
(1) The director shall review annually the air quality and forecasted air quality of each area in the state designated as a noncompliance area for motor vehicle emissions.
(2) An area shall no longer be designated as a noncompliance area if the director determines that:
(a) Air quality standards for contaminants derived from
motor vehicle emissions are no longer being violated in the
noncompliance area; and
(b) The standards would not be violated if the emission
inspection system in the emission contributing area was discontinued and the requirements of RCW 46.16.015 no longer
applied. [1989 c 240 § 3.]
70.120.160
70.120.170 Motor vehicle emission inspections—
Fees—Certificate of compliance—State and local agency
vehicles. (1) The department shall administer a system for
emission inspections of all motor vehicles, except those
described in RCW 46.16.015(2), that are registered within the
boundaries of each emission contributing area. Under such
system a motor vehicle shall be inspected biennially except
where an annual program would be required to meet federal
law and prevent federal sanctions. In addition, motor vehicles
shall be inspected at each change of registered owner of a
licensed vehicle as provided under RCW 46.16.015.
(2) The director shall:
(a) Adopt procedures for conducting emission inspections of motor vehicles. The inspections may include idle and
high revolution per minute emission tests. The emission test
for diesel vehicles shall consist solely of a smoke opacity test.
(b) Adopt criteria for calibrating emission testing equipment. Electronic equipment used to test for emissions standards provided for in this chapter shall be properly calibrated.
The department shall examine frequently the calibration of
the emission testing equipment used at the stations.
(c) Authorize, through contracts, the establishment and
operation of inspection stations for conducting vehicle emission inspections authorized in this chapter. No person contracted to inspect motor vehicles may perform for compensation repairs on any vehicles. No public body may establish or
operate contracted inspection stations. Any contracts must be
let in accordance with the procedures established for competitive bids in chapter 43.19 RCW.
(3) Subsection (2)(c) of this section does not apply to
v o l u n t e e r m o t o r v eh i c l e i n s p e c t i o n s u n d er R C W
70.120.020(1) if the inspections are conducted for the following purposes:
(a) Auditing;
(b) Contractor evaluation;
(c) Collection of data for establishing calibration and
performance standards; or
(d) Public information and education.
(4)(a) The director shall establish by rule the fee to be
charged for emission inspections. The inspection fee shall be
a standard fee applicable statewide or throughout an emission
contributing area and shall be no greater than fifteen dollars.
Surplus moneys collected from fees over the amount due the
contractor shall be paid to the state and deposited in the general fund. Fees shall be set at the minimum whole dollar
amount required to (i) compensate the contractor or inspection facility owner, and (ii) offset the general fund appropria70.120.170
(2004 Ed.)
70.120.210
tion to the department to cover the administrative costs of the
motor vehicle emission inspection program.
(b) Before each inspection, a person whose motor vehicle is to be inspected shall pay to the inspection station the fee
established under this section. The person whose motor vehicle is inspected shall receive the results of the inspection. If
the inspected vehicle complies with the standards established
by the director, the person shall receive a dated certificate of
compliance. If the inspected vehicle does not comply with
those standards, one reinspection of the vehicle shall be
afforded without charge.
(5) All units of local government and agencies of the
state with motor vehicles garaged or regularly operated in an
emissions contributing area shall test the emissions of those
vehicles annually to ensure that the vehicle's emissions comply with the emission standards established by the director.
All state agencies outside of emission contributing areas with
more than twenty motor vehicles housed at a single facility or
contiguous facilities shall test the emissions of those vehicles
annually to ensure that the vehicles' emissions comply with
standards established by the director. A report of the results
of the tests shall be submitted to the department. [1998 c 342
§ 4; 1991 c 199 § 208; 1989 c 240 § 4.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
70.120.190 Used vehicles. (1) Motor vehicle dealers
selling a used vehicle not under a new vehicle warranty shall
include a notice in each vehicle purchase order form that
reads as follows: "The owner of a vehicle may be required to
spend up to (a dollar amount established under RCW
70.120.070) for repairs if the vehicle does not meet the vehicle emission standards under this chapter. Unless expressly
warranted by the motor vehicle dealer, the dealer is not warranting that this vehicle will pass any emission tests required
by federal or state law."
(2) The signature of the purchaser on the notice required
under subsection (1) of this section shall constitute a valid
disclaimer of any implied warranty by the dealer as to a vehicle's compliance with any emission standards.
(3) The disclosure requirement of subsection (1) of this
section applies to all motor vehicle dealers located in counties where state emission inspections are required. [1991 c
199 § 210.]
70.120.190
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
70.120.200 Engine conformance. Engine manufacturers shall certify that new engines conform with current
exhaust emission standards of the federal environmental protection agency. [1991 c 199 § 211.]
70.120.200
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
70.120.210 Clean-fuel performance and clean-fuel
vehicle emissions specifications. By July 1, 1992, the
department shall develop, in cooperation with the departments of general administration and transportation, and
70.120.210
[Title 70 RCW—page 345]
70.120.230
Title 70 RCW: Public Health and Safety
Washington State University, aggressive clean-fuel performance and clean-fuel vehicle emissions specifications
including clean-fuel vehicle conversion equipment. To the
extent possible, such specifications shall be equivalent for all
fuel types. In developing such specifications the department
shall consider the requirements of the clean air act and the
findings of the environmental protection agency, other states,
the American petroleum institute, the gas research institute,
and the motor vehicles manufacturers association. [1996 c
186 § 518; 1991 c 199 § 212.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Clean-fuel grants: RCW 70.94.960.
70.120.230
70.120.230 Scientific advisory board—Composition
of board—Duties. The department shall establish a scientific advisory board to review plans to establish or expand the
geographic area where an inspection and maintenance system
for motor vehicle emissions is required. The board shall consist of three to five members. All members shall have at least
a master's degree in physics, chemistry, or engineering, or a
closely related field. No member may be a current employee
of a local air pollution control authority, the department, the
United States environmental protection agency, or a company that may benefit from a review by the board.
The board shall review an inspection and maintenance
plan at the request of a local air pollution control authority,
the department, or by a petition of at least fifty people living
within the proposed boundaries of a vehicle emission inspection and maintenance system. The entity or entities requesting a scientific review may include specific issues for the
board to consider in its review. The board shall limit its
review to matters of science and shall not provide advice on
penalties or issues that are strictly legal in nature.
The board shall provide a complete written review to the
department. If the board members are not in agreement as to
the scientific merit of any issue under review, the board may
include a dissenting opinion in its report to the department.
The department shall immediately make copies available to
the local air pollution control authority and to the public.
The department shall conduct a public hearing, within
the area affected by the proposed rule, if any significant
aspect of the rule is in conflict with a majority opinion of the
board. The department shall include in its responsiveness
summary the rationale for including a rule that is not consistent with the review of the board, including a response to the
issues raised at the public hearing.
Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. [1998 c 342 § 5.]
70.120.901
70.120.901 Captions not law—1989 c 240. Section
headings as used in this act do not constitute any part of law.
[1989 c 240 § 11.]
70.120.902
70.120.902 Effective date—1989 c 240. This act shall
take effect January 1, 1990. [1989 c 240 § 14.]
[Title 70 RCW—page 346]
Chapter 70.121
Chapter 70.121 RCW
MILL TAILINGS—LICENSING
AND PERPETUAL CARE
Sections
70.121.010
70.121.020
70.121.030
70.121.040
70.121.050
70.121.060
70.121.070
70.121.080
70.121.090
70.121.100
70.121.110
70.121.120
70.121.130
70.121.140
70.121.150
70.121.900
70.121.905
70.121.910
Legislative findings.
Definitions.
Licenses—Renewal—Hearings.
Facility operations and decommissioning—Monitoring.
Radiation perpetual maintenance fund—Licensee contributions—Disposition.
State authority to acquire property for surveillance sites.
Status of acquired state property for surveillance sites.
Payment for transferred sites for surveillance.
Authority for on-site inspections and monitoring.
Licensees' bond requirements.
Acceptable bonds.
Forfeited bonds—Use of fund.
Exemptions from bonding requirements.
Amounts owed to state—Lien created.
Amounts owed to the state—Collection by attorney general.
Construction.
Short title.
Severability—1979 ex.s. c 110.
Nuclear energy and radiation: Chapter 70.98 RCW.
Radioactive waste storage and transportation act of 1980: Chapter 70.99
RCW.
70.121.010
70.121.010 Legislative findings. The legislature finds
that:
(1) The milling of uranium and thorium creates potential
hazards to the health of the citizens of the state of Washington in that potentially hazardous radioactive isotopes, decay
products of uranium and thorium, naturally occurring in relatively dispersed geologic formations, are brought to one location on the surface and pulverized in the process of mining
and milling uranium and thorium.
(2) These radioactive isotopes, in addition to creating a
field of gamma radiation in the vicinity of the tailings area,
also exude potentially hazardous radioactive gas and particulates into the atmosphere from the tailings areas, and contaminate the milling facilities, thereby creating hazards which
will be present for many generations.
(3) The public health and welfare of the citizens
demands that the state assure that the public health be protected by requiring that: (a) Prior to the termination of any
radioactive materials license, all milling facilities and associated tailings piles will be decommissioned in such a manner
as to bring the potential public health hazard to a minimum;
and (b) such environmental radiation monitoring as is necessary to verify the status of decommissioned facilities will be
conducted. [1979 ex.s. c 110 § 1.]
Effective date—1979 ex.s. c 110: "This act shall take effect on January
1, 1980." [1979 ex.s. c 110 § 18.]
70.121.020
70.121.020 Definitions. Unless the context clearly
requires a different meaning, the definitions in this section
apply throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health.
(3) "Site" means the restricted area as defined by the
United States nuclear regulatory commission.
(4) "Tailings" means the residue remaining after extraction of uranium or thorium from the ore whether or not the
residue is left in piles, but shall not include ore bodies nor ore
stock piles.
(2004 Ed.)
Mill Tailings—Licensing and Perpetual Care
(5) "License" means a radioactive materials license
issued under chapter 70.98 RCW and the rules adopted under
chapter 70.98 RCW.
(6) "Termination of license" means the cancellation of
the license after permanent cessation of operations. Temporary interruptions or suspensions of production due to economic or other conditions are not a permanent cessation of
operations.
(7) "Milling" means grinding, cutting, working, or concentrating ore which has been extracted from the earth by
mechanical (conventional) or chemical (in situ) processes.
(8) "Obligor-licensee" means any person who obtains a
license to operate a uranium or thorium mill in the state of
Washington or any person who owns the property on which
the mill operates and who owes money to the state for the
licensing fee, for reclamation of the site, for perpetual surveillance and maintenance of the site, or for any other obligation owed the state under this chapter.
(9) "Statement of claim" means the document recorded
or filed pursuant to this chapter, which names an obligor-licensee, names the state as obligee, describes the obligation
owed to the state, and describes property owned by the obligor-licensee on which a lien will attach for the benefit of the
state, and which creates the lien when filed. [1991 c 3 § 372;
1987 c 184 § 1; 1982 c 78 § 1; 1979 ex.s. c 110 § 2.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.030
70.121.030 Licenses—Renewal—Hearings. (1) Any
person who proposes to operate a uranium or thorium mill
within the state of Washington after January 1, 1980, shall
obtain a license from the department to mill thorium and uranium. The period of the license shall be determined by the
secretary and shall be initially valid for not more than two
years and renewable thereafter for periods of not more than
five years. No license may be granted unless:
(a) The owner or operator of the mill submits to the
department a plan for reclamation and disposal of tailings and
for decommissioning the site that conforms to the criteria and
standards then in effect for the protection of the public safety
and health; and
(b) The owner of the mill agrees to transfer or revert to
the appropriate state or federal agency upon termination of
the license all lands, buildings, and grounds, and any interests
therein, necessary to fulfill the purposes of this chapter
except where the lands are held in trust for or are owned by
any Indian tribe.
(2) Any person operating a uranium or thorium mill on
January 1, 1980, shall, at the time of application for renewal
of his license to mill thorium or uranium, comply with the
following conditions for continued operation of the mill:
(a) The owner or operator of the mill shall submit to the
department a plan for reclamation and disposal of tailings and
for decommissioning the site that conforms to the criteria and
standards then in effect for the protection of the public safety
and health; and
(b) The owner of the mill shall agree to transfer or revert
to the appropriate state or federal agency upon termination of
the license all lands, buildings, and grounds, and any interests
therein, necessary to fulfill the purposes of this chapter
(2004 Ed.)
70.121.050
except where the lands are held in trust for or are owned by
any Indian tribe.
(3) The department shall, after public notice and opportunity for written comment, hold a public hearing to consider
the adequacy of the proposed plan to protect the safety and
health of the public required by subsections (1) and (2) of this
section. The proceedings shall be recorded and transcribed.
The public hearing shall provide the opportunity for crossexamination by both the department and the person proposing the plan required under this section. The department shall
make a written determination as to the licensing of the mill
which is based upon the findings included in the determination and upon the evidence presented during the public comment period. The determination is subject to judicial review.
If a declaration of nonsignificance is issued for a license
renewal application under rules adopted under chapter
43.21C RCW, the public hearing is not required.
(4) The department shall set a schedule of license and
amendment fees predicated on the cost of reviewing the
license application and of monitoring for compliance with the
conditions of the license. A permit for construction of a uranium or thorium mill may be granted by the secretary prior to
licensing. [1979 ex.s. c 110 § 3.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.040
70.121.040 Facility operations and decommissioning—Monitoring. The secretary or his representative shall
monitor the operations of the mill for compliance with the
conditions of the license by the owner or operator. The mill
owner or operator shall be responsible for compliance, both
during the lifetime of the facility and at shutdown, including
but not limited to such requirements as fencing and posting
the site; contouring, covering, and stabilizing the pile; and for
decommissioning the facility. [1979 ex.s. c 110 § 4.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.050
70.121.050 Radiation perpetual maintenance fund—
Licensee contributions—Disposition. On a quarterly basis
on and after January 1, 1980, there shall be levied and the
department shall collect a charge of five cents per pound on
each pound of uranium or thorium compound milled out of
the raw ore. All moneys paid to the department from these
charges shall be deposited in a special security fund in the
treasury of the state of Washington to be known as the "radiation perpetual maintenance fund". This security fund shall
be used by the department when a licensee has ceased to
operate and the site may still contain, or have associated with
the site at which the licensed activity was conducted in spite
of full compliance with RCW 70.121.030, radioactive material which will require further maintenance, surveillance, or
other care. If, with respect to a licensee, the department determines that the estimated total of these charges will be less
than or greater than that required to defray the estimated cost
of administration of this responsibility, the department may
prescribe such an increased or decreased charge as is considered necessary for this purpose. If, at termination of the
license, the department determines that by the applicable
standards and practices then in effect, the charges which have
been collected from the licensee and earnings generated
[Title 70 RCW—page 347]
70.121.060
Title 70 RCW: Public Health and Safety
therefrom are in excess of the amount required to defray the
cost of this responsibility, the department may refund the
excess portion to the licensee. If, at termination of the license
or cessation of operation, the department determines, by the
applicable standards and practices then in effect, that the
charges which have been collected from the licensee and
earnings generated therefrom are together insufficient to
defray the cost of this responsibility, the department may collect the excess portion from the licensee.
Moneys in the radiation perpetual maintenance fund
shall be invested by the state investment board in the manner
as other state moneys. [1987 c 184 § 2; 1979 ex.s. c 110 § 5.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.060
70.121.060 State authority to acquire property for
surveillance sites. In order to provide for the proper care and
surveillance of sites under RCW 70.121.050, the state may
acquire by gift or transfer from any government agency, corporation, partnership, or person, all lands, buildings, and
grounds necessary to fulfill the purposes of this chapter. Any
such gift or transfer shall be subject to approval by the department. In exercising the authority of this section, the department shall take into consideration the status of the ownership
of the land and interests therein and the ability of the licensee
to transfer title and custody thereof to the state. [1979 ex.s. c
110 § 6.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.070
70.121.070 Status of acquired state property for surveillance sites. Recognizing the uncertainty of the existence
of a person or corporation in perpetuity, and recognizing that
ultimate responsibility to protect the public health and safety
must be reposed in a solvent government, without regard to
the existence of any particular agency or department thereof,
all lands, buildings, and grounds acquired by the state under
RCW 70.121.060 shall be owned in fee simple by the state
and dedicated in perpetuity to the purposes stated in RCW
70.121.060. All radioactive material received at a site and
located therein at the time of acquisition of ownership by the
state shall become the property of the state. [1979 ex.s. c 110
§ 7.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
inspections and on-site monitoring as required in order for
the department to carry out its responsibilities and duties
under this chapter. Such on-site inspections and monitoring
shall be conducted without the necessity of any further
approval or any permit or warrant therefor. [1979 ex.s. c 110
§ 9.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.100
70.121.100 Licensees' bond requirements. The secretary or the secretary's duly authorized representative shall
require the posting of a bond by licensees to be used exclusively to provide funds in the event of abandonment, default,
or other inability of the licensee to meet the requirements of
the department. The secretary may establish bonding requirements by classes of licensees and by range of monetary
amounts. In establishing these requirements, the secretary
shall consider the potential for contamination, injury, cost of
disposal, and reclamation of the property. The amount of the
bond shall be sufficient to pay the costs of reclamation and
perpetual maintenance. [1987 c 184 § 5; 1979 ex.s. c 110 §
10.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.110
70.121.110 Acceptable bonds. A bond shall be
accepted by the department if it is a bond issued by a fidelity
or surety company admitted to do business in the state of
Washington and the fidelity or surety company is found by
the state finance commission to be financially secure at
licensing and licensing renewals, if it is a personal bond
secured by such collateral as the secretary deems satisfactory
and in accordance with RCW 70.121.100, or if it is a cash
bond. [1987 c 184 § 6; 1979 ex.s. c 110 § 11.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.120
70.121.120 Forfeited bonds—Use of fund. All bonds
forfeited shall be paid to the department for deposit in the
radiation perpetual maintenance fund. All moneys in this
fund may only be expended by the department as necessary
for the protection of the public health and safety and shall not
be used for normal operating expenses of the department.
[1979 ex.s. c 110 § 12.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.080
70.121.080 Payment for transferred sites for surveillance. If a person licensed by any governmental agency
other than the state or if any other governmental agency
desires to transfer a site to the state for the purpose of administering or providing perpetual care, a lump sum payment
shall be made to the radiation perpetual maintenance fund.
The amount of the deposit shall be determined by the department taking into consideration the factors stated in RCW
70.121.050. [1979 ex.s. c 110 § 8.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.090
70.121.090 Authority for on-site inspections and
monitoring. Each licensee under this chapter, as a condition
of his license, shall submit to whatever reasonable on-site
[Title 70 RCW—page 348]
70.121.130
70.121.130 Exemptions from bonding requirements.
All state, local, or other governmental agencies, or subdivisions thereof, are exempt from the bonding requirements of
this chapter. [1987 c 184 § 7; 1979 ex.s. c 110 § 13.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.140
70.121.140 Amounts owed to state—Lien created. If
a licensee fails to pay the department within a reasonable
time money owed to the state under this chapter, the obligation owed to the state shall constitute a lien on all property,
both real and personal, owned by the obligor-licensee when
the department records or files, pursuant to this section, a
statement of claim against the obligor-licensee. The state(2004 Ed.)
Natural Death Act
ment of claim against the obligor-licensee shall name the
obligor-licensee, name the state as obligee, describe the obligation, and describe the property to be held in security for the
obligation.
Statements of claim creating a lien on real property, fixtures, timber, agricultural products, oil, gas, or minerals shall
be recorded with the county auditor in each county where the
property is located. Statements of claim creating a lien in personal property, whether tangible or intangible, shall be filed
with the department of licensing.
A lien recorded or filed pursuant to this section has priority over any lien, interest, or other encumbrance previously
or thereafter recorded or filed concerning any property
described in the statement of claim, to the extent allowed by
federal law.
A lien created pursuant to this section shall continue in
force until extinguished by foreclosure or bankruptcy proceedings or until a release of the lien signed by the secretary
is recorded or filed in the place where the statement of claim
was recorded or filed. The secretary shall sign and record or
file a release only after the obligation owed to the state under
this chapter, together with accrued interest and costs of collection has been paid. [1987 c 184 § 3.]
70.121.150
70.121.150 Amounts owed to the state—Collection
by attorney general. The attorney general shall use all
available methods of obtaining funds owed to the state under
this chapter. The attorney general shall foreclose on liens
made pursuant to this section, obtain judgments against obligor-licensees and pursue assets of the obligor-licensees found
outside the state, consider pursuing the assets of parent corporations and shareholders where an obligor-licensee corporation is an underfinanced corporation, and pursue any other
legal remedy available. [1987 c 184 § 4.]
70.121.900
70.121.900 Construction. This chapter is cumulative
and not exclusive, and no part of this chapter shall be construed to repeal any existing law specifically enacted for the
protection of the public health and safety. [1979 ex.s. c 110
§ 14.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.905
70.121.905 Short title. This chapter may be known as
the "Mill Tailings Licensing and Perpetual Care Act of
1979". [1979 ex.s. c 110 § 15.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.910
70.121.910 Severability—1979 ex.s. c 110. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 110 § 16.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
(2004 Ed.)
Chapter 70.122
70.122.020
Chapter 70.122 RCW
NATURAL DEATH ACT
Sections
70.122.010
70.122.020
70.122.030
70.122.040
70.122.051
70.122.060
70.122.070
70.122.080
70.122.090
70.122.100
70.122.110
70.122.120
70.122.900
70.122.905
70.122.910
70.122.915
70.122.920
Legislative findings.
Definitions.
Directive to withhold or withdraw life-sustaining treatment.
Revocation of directive.
Liability of health care provider or facility.
Procedures by physician—Health care facility or personnel
may refuse to participate.
Effects of carrying out directive—Insurance.
Effects of carrying out directive on cause of death.
Criminal conduct—Penalties.
Mercy killing or physician-assisted suicide not authorized.
Discharge so that patient may die at home.
Directive's validity assumed.
Short title—1979 c 112.
Severability—1979 c 112.
Construction.
Application—1992 c 98.
Severability—1992 c 98.
Futile treatment and emergency medical personnel: RCW 43.70.480.
70.122.010
70.122.010 Legislative findings. The legislature finds
that adult persons have the fundamental right to control the
decisions relating to the rendering of their own health care,
including the decision to have life-sustaining treatment withheld or withdrawn in instances of a terminal condition or permanent unconscious condition.
The legislature further finds that modern medical technology has made possible the artificial prolongation of
human life beyond natural limits.
The legislature further finds that, in the interest of protecting individual autonomy, such prolongation of the process of dying for persons with a terminal condition or permanent unconscious condition may cause loss of patient dignity,
and unnecessary pain and suffering, while providing nothing
medically necessary or beneficial to the patient. The legislature further believes that physicians and nurses should not
withhold or unreasonably diminish pain medication for
patients in a terminal condition where the primary intent of
providing such medication is to alleviate pain and maintain or
increase the patient's comfort.
The legislature further finds that there exists considerable uncertainty in the medical and legal professions as to the
legality of terminating the use or application of life-sustaining treatment where the patient having the capacity to make
health care decisions has voluntarily evidenced a desire that
such treatment be withheld or withdrawn.
In recognition of the dignity and privacy which patients
have a right to expect, the legislature hereby declares that the
laws of the state of Washington shall recognize the right of an
adult person to make a written directive instructing such person's physician to withhold or withdraw life-sustaining treatment in the event of a terminal condition or permanent
unconscious condition. The legislature also recognizes that a
person's right to control his or her health care may be exercised by an authorized representative who validly holds the
person's durable power of attorney for health care. [1992 c 98
§ 1; 1979 c 112 § 2.]
70.122.020
70.122.020 Definitions. Unless the context clearly
requires otherwise, the definitions contained in this section
shall apply throughout this chapter.
[Title 70 RCW—page 349]
70.122.030
Title 70 RCW: Public Health and Safety
(1) "Adult person" means a person who has attained the
age of majority as defined in RCW 26.28.010 and 26.28.015,
and who has the capacity to make health care decisions.
(2) "Attending physician" means the physician selected
by, or assigned to, the patient who has primary responsibility
for the treatment and care of the patient.
(3) "Directive" means a written document voluntarily
executed by the declarer generally consistent with the guidelines of RCW 70.122.030.
(4) "Health facility" means a hospital as defined in
*RCW 70.41.020(2) or a nursing home as defined in RCW
18.51.010, a home health agency or hospice agency as
defined in RCW 70.126.010, or a boarding home as defined
in RCW 18.20.020.
(5) "Life-sustaining treatment" means any medical or
surgical intervention that uses mechanical or other artificial
means, including artificially provided nutrition and hydration, to sustain, restore, or replace a vital function, which,
when applied to a qualified patient, would serve only to prolong the process of dying. "Life-sustaining treatment" shall
not include the administration of medication or the performance of any medical or surgical intervention deemed necessary solely to alleviate pain.
(6) "Permanent unconscious condition" means an incurable and irreversible condition in which the patient is medically assessed within reasonable medical judgment as having
no reasonable probability of recovery from an irreversible
coma or a persistent vegetative state.
(7) "Physician" means a person licensed under chapters
18.71 or 18.57 RCW.
(8) "Qualified patient" means an adult person who is a
patient diagnosed in writing to have a terminal condition by
the patient's attending physician, who has personally examined the patient, or a patient who is diagnosed in writing to be
in a permanent unconscious condition in accordance with
accepted medical standards by two physicians, one of whom
is the patient's attending physician, and both of whom have
personally examined the patient.
(9) "Terminal condition" means an incurable and irreversible condition caused by injury, disease, or illness, that,
within reasonable medical judgment, will cause death within
a reasonable period of time in accordance with accepted medical standards, and where the application of life-sustaining
treatment serves only to prolong the process of dying. [1992
c 98 § 2; 1979 c 112 § 3.]
*Reviser's note: RCW 70.41.020 was amended by 2002 c 116 § 2,
changing subsection (2) to subsection (4).
70.122.030
70.122.030 Directive to withhold or withdraw lifesustaining treatment. (1) Any adult person may execute a
directive directing the withholding or withdrawal of life-sustaining treatment in a terminal condition or permanent unconscious condition. The directive shall be signed by the declarer
in the presence of two witnesses not related to the declarer by
blood or marriage and who would not be entitled to any portion of the estate of the declarer upon declarer's decease under
any will of the declarer or codicil thereto then existing or, at
the time of the directive, by operation of law then existing. In
addition, a witness to a directive shall not be the attending
physician, an employee of the attending physician or a health
facility in which the declarer is a patient, or any person who
[Title 70 RCW—page 350]
has a claim against any portion of the estate of the declarer
upon declarer's decease at the time of the execution of the
directive. The directive, or a copy thereof, shall be made part
of the patient's medical records retained by the attending physician, a copy of which shall be forwarded by the custodian of
the records to the health facility when the withholding or
withdrawal of life-support treatment is contemplated. The
directive may be in the following form, but in addition may
include other specific directions:
Health Care Directive
Directive made this . . . . day of . . . . . . (month, year).
I . . . . . ., having the capacity to make health care decisions, willfully, and voluntarily make known my desire that
my dying shall not be artificially prolonged under the circumstances set forth below, and do hereby declare that:
(a) If at any time I should be diagnosed in writing to be
in a terminal condition by the attending physician, or in a permanent unconscious condition by two physicians, and where
the application of life-sustaining treatment would serve only
to artificially prolong the process of my dying, I direct that
such treatment be withheld or withdrawn, and that I be permitted to die naturally. I understand by using this form that a
terminal condition means an incurable and irreversible condition caused by injury, disease, or illness, that would within
reasonable medical judgment cause death within a reasonable
period of time in accordance with accepted medical standards, and where the application of life-sustaining treatment
would serve only to prolong the process of dying. I further
understand in using this form that a permanent unconscious
condition means an incurable and irreversible condition in
which I am medically assessed within reasonable medical
judgment as having no reasonable probability of recovery
from an irreversible coma or a persistent vegetative state.
(b) In the absence of my ability to give directions regarding the use of such life-sustaining treatment, it is my intention
that this directive shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and I accept the consequences of
such refusal. If another person is appointed to make these
decisions for me, whether through a durable power of attorney or otherwise, I request that the person be guided by this
directive and any other clear expressions of my desires.
(c) If I am diagnosed to be in a terminal condition or in a
permanent unconscious condition (check one):
I DO want to have artificially provided nutrition and
hydration.
I DO NOT want to have artificially provided nutrition
and hydration.
(d) If I have been diagnosed as pregnant and that diagnosis is known to my physician, this directive shall have no
force or effect during the course of my pregnancy.
(e) I understand the full import of this directive and I am
emotionally and mentally capable to make the health care
decisions contained in this directive.
(f) I understand that before I sign this directive, I can add
to or delete from or otherwise change the wording of this
directive and that I may add to or delete from this directive at
any time and that any changes shall be consistent with Washington state law or federal constitutional law to be legally
valid.
(2004 Ed.)
Natural Death Act
(g) It is my wish that every part of this directive be fully
implemented. If for any reason any part is held invalid it is
my wish that the remainder of my directive be implemented.
70.122.070
fessional conduct sanctions, unless otherwise negligent.
[1992 c 98 § 5.]
70.122.060
Signed . . . . . . . . . . . . . . .
City, County, and State of Residence
The declarer has been personally known to me and I believe
him or her to be capable of making health care decisions.
Witness . . . . . . . . . . . . . .
Witness . . . . . . . . . . . . . .
(2) Prior to withholding or withdrawing life-sustaining
treatment, the diagnosis of a terminal condition by the attending physician or the diagnosis of a permanent unconscious
state by two physicians shall be entered in writing and made
a permanent part of the patient's medical records.
(3) A directive executed in another political jurisdiction
is valid to the extent permitted by Washington state law and
federal constitutional law. [1992 c 98 § 3; 1979 c 112 § 4.]
70.122.040 Revocation of directive. (1) A directive
may be revoked at any time by the declarer, without regard to
declarer's mental state or competency, by any of the following methods:
(a) By being canceled, defaced, obliterated, burned, torn,
or otherwise destroyed by the declarer or by some person in
declarer's presence and by declarer's direction.
(b) By a written revocation of the declarer expressing
declarer's intent to revoke, signed, and dated by the declarer.
Such revocation shall become effective only upon communication to the attending physician by the declarer or by a person acting on behalf of the declarer. The attending physician
shall record in the patient's medical record the time and date
when said physician received notification of the written revocation.
(c) By a verbal expression by the declarer of declarer's
intent to revoke the directive. Such revocation shall become
effective only upon communication to the attending physician by the declarer or by a person acting on behalf of the
declarer. The attending physician shall record in the patient's
medical record the time, date, and place of the revocation and
the time, date, and place, if different, of when said physician
received notification of the revocation.
(2) There shall be no criminal or civil liability on the part
of any person for failure to act upon a revocation made pursuant to this section unless that person has actual or constructive knowledge of the revocation.
(3) If the declarer becomes comatose or is rendered incapable of communicating with the attending physician, the
directive shall remain in effect for the duration of the comatose condition or until such time as the declarer's condition
renders declarer able to communicate with the attending physician. [1979 c 112 § 5.]
70.122.040
70.122.051 Liability of health care provider or facility. Any physician, health care provider acting under the
direction of a physician, or health facility and its personnel
who participate in good faith in the withholding or withdrawal of life-sustaining treatment from a qualified patient in
accordance with the requirements of this chapter, shall be
immune from legal liability, including civil, criminal, or pro70.122.051
(2004 Ed.)
70.122.060 Procedures by physician—Health care
facility or personnel may refuse to participate. (1) Prior to
the withholding or withdrawal of life-sustaining treatment
from a qualified patient pursuant to the directive, the attending physician shall make a reasonable effort to determine that
the directive complies with RCW 70.122.030 and, if the
patient is capable of making health care decisions, that the
directive and all steps proposed by the attending physician to
be undertaken are currently in accord with the desires of the
qualified patient.
(2) The attending physician or health facility shall
inform a patient or patient's authorized representative of the
existence of any policy or practice that would preclude the
honoring of the patient's directive at the time the physician or
facility becomes aware of the existence of such a directive. If
the patient, after being informed of such policy or directive,
chooses to retain the physician or facility, the physician or
facility with the patient or the patient's representative shall
prepare a written plan to be filed with the patient's directive
that sets forth the physician's or facilities' intended actions
should the patient's medical status change so that the directive would become operative. The physician or facility under
this subsection has no obligation to honor the patient's directive if they have complied with the requirements of this subsection, including compliance with the written plan required
under this subsection.
(3) The directive shall be conclusively presumed, unless
revoked, to be the directions of the patient regarding the withholding or withdrawal of life-sustaining treatment. No physician, health facility, or health personnel acting in good faith
with the directive or in accordance with the written plan in
subsection (2) of this section shall be criminally or civilly liable for failing to effectuate the directive of the qualified
patient pursuant to this subsection.
(4) No nurse, physician, or other health care practitioner
may be required by law or contract in any circumstances to
participate in the withholding or withdrawal of life-sustaining
treatment if such person objects to so doing. No person may
be discriminated against in employment or professional privileges because of the person's participation or refusal to participate in the withholding or withdrawal of life-sustaining
treatment. [1992 c 98 § 6; 1979 c 112 § 7.]
70.122.070
70.122.070 Effects of carrying out directive—Insurance. (1) The withholding or withdrawal of life-sustaining
treatment from a qualified patient pursuant to the patient's
directive in accordance with the provisions of this chapter
shall not, for any purpose, constitute a suicide or a homicide.
(2) The making of a directive pursuant to RCW
70.122.030 shall not restrict, inhibit, or impair in any manner
the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall
be legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining treatment from an
insured qualified patient, notwithstanding any term of the
policy to the contrary.
[Title 70 RCW—page 351]
70.122.080
Title 70 RCW: Public Health and Safety
(3) No physician, health facility, or other health provider, and no health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or
nonprofit hospital service plan, shall require any person to
execute a directive as a condition for being insured for, or
receiving, health care services. [1992 c 98 § 7; 1979 c 112 §
8.]
70.122.080
70.122.080 Effects of carrying out directive on cause
of death. The act of withholding or withdrawing life-sustaining treatment, when done pursuant to a directive described in
RCW 70.122.030 and which results in the death of the
declarer, shall not be construed to be an intervening force or
to affect the chain of proximate cause between the conduct of
anyone that placed the declarer in a terminal condition or a
permanent unconscious condition and the death of the
declarer. [1992 c 98 § 8; 1979 c 112 § 10.]
70.122.900 Short title—1979 c 112. This act shall be
known and may be cited as the "Natural Death Act". [1979 c
112 § 1.]
70.122.900
70.122.905 Severability—1979 c 112. If any provision
of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the act which can be given effect
without the invalid provisions or application, and to this end
the provisions of this act are severable. [1979 c 112 § 13.]
70.122.905
70.122.910 Construction. This chapter shall not be
construed as providing the exclusive means by which individuals may make decisions regarding their health treatment,
including but not limited to, the withholding or withdrawal of
life-sustaining treatment, nor limiting the means provided by
case law more expansive than chapter 98, Laws of 1992.
[1992 c 98 § 11.]
70.122.910
70.122.090 Criminal conduct—Penalties. (1) Any
person who willfully conceals, cancels, defaces, obliterates,
or damages the directive of another without such declarer's
consent is guilty of a gross misdemeanor.
(2) Any person who falsifies or forges the directive of
another, or willfully conceals or withholds personal knowledge of a revocation as provided in RCW 70.122.040 with the
intent to cause a withholding or withdrawal of life-sustaining
treatment contrary to the wishes of the declarer, and thereby,
because of any such act, directly causes life-sustaining treatment to be withheld or withdrawn and death to thereby be
hastened, shall be subject to prosecution for murder in the
first degree as defined in RCW 9A.32.030. [2003 c 53 § 362;
1992 c 98 § 9; 1979 c 112 § 9.]
70.122.915 Application—1992 c 98. A directive executed anytime before June 11, 1992, which generally complies with chapter 98, Laws of 1992 is effective under chapter
98, Laws of 1992. [1992 c 98 § 13.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Sections
70.122.090
70.122.100
70.122.100 Mercy killing or physician-assisted suicide not authorized. Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or
physician-assisted suicide, or to permit any affirmative or
deliberate act or omission to end life other than to permit the
natural process of dying. [1992 c 98 § 10; 1979 c 112 § 11.]
70.122.110
70.122.110 Discharge so that patient may die at
home. If a qualified patient capable of making health care
decisions indicates that he or she wishes to die at home, the
patient shall be discharged as soon as reasonably possible.
The health care provider or facility has an obligation to
explain the medical risks of an immediate discharge to the
qualified patient. If the provider or facility complies with the
obligation to explain the medical risks of an immediate discharge to a qualified patient, there shall be no civil or criminal liability for claims arising from such discharge. [1992 c
98 § 4.]
70.122.120
70.122.120 Directive's validity assumed. Any person
or health facility may assume that a directive complies with
this chapter and is valid. [1992 c 98 § 12.]
[Title 70 RCW—page 352]
70.122.915
70.122.920 Severability—1992 c 98. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1992 c 98 § 17.]
70.122.920
Chapter 70.123
70.123.010
70.123.020
70.123.030
70.123.040
70.123.050
70.123.070
70.123.075
70.123.080
70.123.090
70.123.100
70.123.110
70.123.120
70.123.130
70.123.140
70.123.900
Chapter 70.123 RCW
SHELTERS FOR VICTIMS
OF DOMESTIC VIOLENCE
Legislative findings.
Definitions.
Departmental duties and responsibilities.
Minimum standards to provide basic survival needs.
Contracts with nonprofit organizations—Purposes.
Duties and responsibilities of shelters.
Client records.
Department to consult.
Contracts for shelter services.
Funding for shelters.
Assistance to families in shelters.
Liability for withholding services.
Technical assistance grant program—Local communities.
Technical assistance grant for county plans.
Severability—1979 ex.s. c 245.
Domestic violence—Official response: Chapter 10.99 RCW.
Domestic violence prevention: Chapter 26.50 RCW.
Donations of surplus state property: RCW 43.19.1920.
Public disclosure: RCW 42.17.310.
70.123.010 Legislative findings. The legislature finds
that domestic violence is an issue of growing concern at all
levels of government and that there is a present and growing
need to develop innovative strategies and services which will
ameliorate and reduce the trauma of domestic violence.
Research findings show that domestic violence constitutes a
significant percentage of homicides, aggravated assaults, and
assaults and batteries in the United States. Domestic violence
is a disruptive influence on personal and community life and
70.123.010
(2004 Ed.)
Shelters for Victims of Domestic Violence
is often interrelated with a number of other family problems
and stresses. Shelters for victims of domestic violence are
essential to provide protection to victims from further abuse
and physical harm and to help the victim find long-range
alternative living situations, if requested. Shelters provide
safety, refuge, advocacy, and helping resources to victims
who may not have access to such things if they remain in abusive situations.
The legislature therefore recognizes the need for the
statewide development and expansion of shelters for victims
of domestic violence. [1979 ex.s. c 245 § 1.]
70.123.070
tions may be made dependent upon size, geographic location,
and population needs;
(2) Receive grant applications for the development and
establishment of shelters for victims of domestic violence;
(3) Distribute funds, within forty-five days after
approval, to those shelters meeting departmental standards;
(4) Evaluate biennially each shelter receiving departmental funds for compliance with the established minimum
standards; and
(5) Review the minimum standards each biennium to
ensure applicability to community and client needs. [1989
1st ex.s. c 9 § 235; 1979 ex.s. c 245 § 3.]
70.123.020
70.123.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Shelter" means a place of temporary refuge, offered
on a twenty-four hour, seven day per week basis to victims of
domestic violence and their children.
(2) "Domestic violence" is a categorization of offenses,
as defined in RCW 10.99.020, committed by one cohabitant
against another.
(3) "Department" means the department of social and
health services.
(4) "Victim" means a cohabitant who has been subjected
to domestic violence.
(5) "Cohabitant" means a person who is married or who
is cohabiting with a person of the opposite sex like husband
and wife at the present or at sometime in the past. Any person
who has one or more children in common with another person, regardless of whether they have been married or lived
together at any time, shall be treated as a cohabitant.
(6) "Community advocate" means a person employed by
a local domestic violence program to provide ongoing assistance to victims of domestic violence in assessing safety
needs, documenting the incidents and the extent of violence
for possible use in the legal system, making appropriate
social service referrals, and developing protocols and maintaining ongoing contacts necessary for local systems coordination.
(7) "Domestic violence program" means an agency that
provides shelter, advocacy, and counseling for domestic violence victims in a supportive environment.
(8) "Legal advocate" means a person employed by a
domestic violence program or court system to advocate for
victims of domestic violence, within the criminal and civil
justice systems, by attending court proceedings, assisting in
document and case preparation, and ensuring linkage with the
community advocate.
(9) "Secretary" means the secretary of the department of
social and health services or the secretary's designee. [1991
c 301 § 9; 1979 ex.s. c 245 § 2.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.123.040
70.123.040 Minimum standards to provide basic survival needs. Minimum standards established by the department under RCW 70.123.030 shall ensure that shelters
receiving grants under this chapter provide services meeting
basic survival needs, where not provided by other means,
such as, but not limited to, food, clothing, housing, safety,
security, client advocacy, and counseling. These services
shall be problem-oriented and designed to provide necessary
assistance to the victims of domestic violence and their children. [1979 ex.s. c 245 § 4.]
70.123.050
70.123.050 Contracts with nonprofit organizations—
Purposes. The department shall contract, where appropriate,
with public or private nonprofit groups or organizations with
experience and expertise in the field of domestic violence to:
(1) Develop and implement an educational program
designed to promote public and professional awareness of the
problems of domestic violence and of the availability of services for victims of domestic violence. Particular emphasis
should be given to the education needs of law enforcement
agencies, the legal system, the medical profession, and other
relevant professions that are engaged in the prevention, identification, and treatment of domestic violence;
(2) Maintain a directory of temporary shelters and other
direct service facilities for the victims of domestic violence
which is current, complete, detailed, and available, as necessary, to provide useful referral services to persons seeking
help on an emergency basis;
(3) Create a statewide toll-free telephone number that
would provide information and referral to victims of domestic violence;
(4) Provide opportunities to persons working in the area
of domestic violence to exchange information; and
(5) Provide training opportunities for both volunteer
workers and staff personnel. [1979 ex.s. c 245 § 5.]
Finding—1991 c 301: See note following RCW 10.99.020.
70.123.070
70.123.030
70.123.030 Departmental duties and responsibilities.
The department of social and health services, in consultation
with the state department of health, and individuals or groups
having experience and knowledge of the problems of victims
of domestic violence, shall:
(1) Establish minimum standards for shelters applying
for grants from the department under this chapter. Classifica(2004 Ed.)
70.123.070 Duties and responsibilities of shelters.
Shelters receiving state funds under this chapter shall:
(1) Make available shelter services to any person who is
a victim of domestic violence and to that person's children;
(2) Encourage victims, with the financial means to do so,
to reimburse the shelter for the services provided;
(3) Recruit, to the extent feasible, persons who are
former victims of domestic violence to work as volunteers or
[Title 70 RCW—page 353]
70.123.075
Title 70 RCW: Public Health and Safety
staff personnel. An effort shall also be made to provide bilingual services;
(4) Provide prevention and treatment programs to victims of domestic violence, their children and, where possible,
the abuser;
(5) Provide a day program or drop-in center to assist victims of domestic violence who have found other shelter but
who have a need for support services. [1979 ex.s. c 245 § 7.]
70.123.075
70.123.075 Client records. (1) Client records maintained by domestic violence programs shall not be subject to
discovery in any judicial proceeding unless:
(a) A written pretrial motion is made to a court stating
that discovery is requested of the client's domestic violence
records;
(b) The written motion is accompanied by an affidavit or
affidavits setting forth specifically the reasons why discovery
is requested of the domestic violence program's records;
(c) The court reviews the domestic violence program's
records in camera to determine whether the domestic violence program's records are relevant and whether the probative value of the records is outweighed by the victim's privacy
interest in the confidentiality of such records, taking into
account the further trauma that may be inflicted upon the victim by the disclosure of the records; and
(d) The court enters an order stating whether the records
or any part of the records are discoverable and setting forth
the basis for the court's findings.
(2) For purposes of this section "domestic violence program" means a program that provides shelter, advocacy, or
counseling services for domestic violence victims. [1994 c
233 § 1; 1991 c 301 § 10.]
Effective date—1994 c 233: "This act shall take effect July 1, 1994."
[1994 c 233 § 3.]
Finding—1991 c 301: See note following RCW 10.99.020.
70.123.080
70.123.080 Department to consult. The department
shall consult in all phases with persons and organizations
having experience and expertise in the field of domestic violence. [1979 ex.s. c 245 § 8.]
70.123.090
70.123.090 Contracts for shelter services. The department is authorized, under this chapter and the rules adopted
to effectuate its purposes, to make available grants awarded
on a contract basis to public or private nonprofit agencies,
organizations, or individuals providing shelter services meeting minimum standards established by the department. Consideration as to need, geographic location, population ratios,
and the extent of existing services shall be made in the award
of grants. The department shall provide technical assistance
to any nonprofit organization desiring to apply for the contracts if the organization does not possess the resources and
expertise necessary to develop and transmit an application
without assistance. [1979 ex.s. c 245 § 9.]
70.123.100
70.123.100 Funding for shelters. The department shall
seek, receive, and make use of any funds which may be available from federal or other sources in order to augment state
funds appropriated for the purpose of this chapter, and shall
[Title 70 RCW—page 354]
make every effort to qualify for federal funding. [1997 c 160
§ 1; 1979 ex.s. c 245 § 10.]
70.123.110
70.123.110 Assistance to families in shelters. General
assistance or temporary assistance for needy families payments shall be made to otherwise eligible individuals who are
residing in a secure shelter, a housing network or other shelter facility which provides shelter services to persons who are
victims of domestic violence. Provisions shall be made by the
department for the confidentiality of the shelter addresses
where victims are residing. [1997 c 59 § 9; 1979 ex.s. c 245
§ 11.]
70.123.120
70.123.120 Liability for withholding services. A shelter shall not be held liable in any civil action for denial or
withdrawal of services provided pursuant to the provisions of
this chapter. [1979 ex.s. c 245 § 12.]
70.123.130
70.123.130 Technical assistance grant program—
Local communities. The department of social and health
services shall establish a technical assistance grant program
to assist local communities in determining how to respond to
domestic violence. The goals of the program shall be to coordinate and expand existing services to:
(1) Serve any individual affected by domestic violence
with the primary focus being the safety of the victim;
(2) Assure an integrated, comprehensive, accountable
community response that is adequately funded and sensitive
to the diverse needs of the community;
(3) Create a continuum of services that range from prevention, crisis intervention, and counseling through shelter,
advocacy, legal intervention, and representation to longer
term support, counseling, and training; and
(4) Coordinate the efforts of government, the legal system, the private sector, and a range of service providers, such
as doctors, nurses, social workers, teachers, and child care
workers. [1991 c 301 § 11.]
Finding—1991 c 301: See note following RCW 10.99.020.
70.123.140
70.123.140 Technical assistance grant for county
plans. (1) A county or group of counties may apply to the
department for a technical assistance grant to develop a comprehensive county plan for dealing with domestic violence.
The county authority may contract with a local nonprofit
entity to develop the plan.
(2) County comprehensive plans shall be developed in
consultation with the department, domestic violence programs, schools, law enforcement, and health care, legal, and
social service providers that provide services to persons
affected by domestic violence.
(3) County comprehensive plans shall be based on the
following principles:
(a) The safety of the victim is primary;
(b) The community needs to be well-educated about
domestic violence;
(c) Those who want to and who should intervene need to
know how to do so effectively;
(d) Adequate services, both crisis and long-term support,
should exist throughout all parts of the county;
(2004 Ed.)
Abuse of Patients—Nursing Homes, State Hospitals
(e) Police and courts should hold the batterer accountable for his or her crimes;
(f) Treatment for batterers should be provided by qualified counselors; and
(g) Coordination teams are needed to ensure that the system continues to work over the coming decades.
(4) County comprehensive plans shall provide for the
following:
(a) Public education about domestic violence;
(b) Training for professionals on how to recognize
domestic violence and assist those affected by it;
(c) Development of protocols among agencies so that
professionals respond to domestic violence in an effective,
consistent manner;
(d) Development of services to victims of domestic violence and their families, including shelters, safe homes, transitional housing, community and legal advocates, and children's services; and
(e) Local and regional teams to oversee implementation
of the system, ensure that efforts continue over the years, and
assist with day-to-day and system-wide coordination. [1991
c 301 § 12.]
Finding—1991 c 301: See note following RCW 10.99.020.
70.123.900 Severability—1979 ex.s. c 245. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 245 § 15.]
70.123.900
Chapter 70.124 RCW
ABUSE OF PATIENTS—NURSING HOMES,
STATE HOSPITALS
Chapter 70.124
Sections
70.124.010
70.124.020
70.124.030
70.124.040
70.124.050
70.124.060
70.124.070
70.124.080
70.124.090
70.124.100
70.124.900
Legislative findings.
Definitions.
Reports of abuse or neglect.
Reports to department or law enforcement agency—Action
required.
Investigations required—Seeking restraining orders authorized.
Liability of persons making reports.
Failure to report is gross misdemeanor.
Department reports of abused or neglected patients.
Publicizing objectives.
Retaliation against whistleblowers and residents—Remedies—Rules.
Severability—1979 ex.s. c 228.
Persons over sixty, abuse: Chapter 74.34 RCW.
70.124.010 Legislative findings. (1) The Washington
state legislature finds and declares that a reporting system is
needed to protect state hospital patients from abuse. Instances
of nonaccidental injury, neglect, death, sexual abuse, and cruelty to such patients have occurred, and in the instance where
such a patient is deprived of his or her right to conditions of
minimal health and safety, the state is justified in emergency
intervention based upon verified information. Therefore the
Washington state legislature hereby provides for the reporting of such cases to the appropriate public authorities.
(2) It is the intent of the legislature that: (a) As a result
of such reports, protective services shall be made available in
an effort to prevent further abuses, and to safeguard the gen70.124.010
(2004 Ed.)
70.124.030
eral welfare of the patients; and (b) such reports shall be
maintained and disseminated with strictest regard for the privacy of the subjects of such reports and so as to safeguard
against arbitrary, malicious, or erroneous information or
actions. [1999 c 176 § 20; 1981 c 174 § 1; 1979 ex.s. c 228 §
1.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
70.124.020
70.124.020 Definitions. Unless the context requires
otherwise, the definitions in this section apply throughout
this chapter.
(1) "Court" means the superior court of the state of
Washington.
(2) "Law enforcement agency" means the police department, the director of public safety, or the office of the sheriff.
(3) "Practitioner of the healing arts" or "practitioner"
means a person licensed by this state to practice podiatric
medicine and surgery, optometry, pharmacy, physical therapy, chiropractic, nursing, dentistry, osteopathic medicine
and surgery, or medicine and surgery. The term "practitioner"
includes a nurse's aide and a duly accredited Christian Science practitioner.
(4) "Department" means the state department of social
and health services.
(5) "Social worker" means anyone engaged in a professional capacity during the regular course of employment in
encouraging or promoting the health, welfare, support, or
education of patients, or providing social services to patients,
whether in an individual capacity or as an employee or agent
of any public or private organization or institution.
(6) "Psychologist" means any person licensed to practice
psychology under chapter 18.83 RCW, whether acting in an
individual capacity or as an employee or agent of any public
or private organization or institution.
(7) "Pharmacist" means any registered pharmacist under
chapter 18.64 RCW, whether acting in an individual capacity
or as an employee or agent of any public or private organization or institution.
(8) "Abuse or neglect" or "patient abuse or neglect"
means the nonaccidental physical injury or condition, sexual
abuse, or negligent treatment of a state hospital patient under
circumstances which indicate that the patient's health, welfare, or safety is harmed thereby.
(9) "Negligent treatment" means an act or omission
which evinces a serious disregard of consequences of such
magnitude as to constitute a clear and present danger to the
patient's health, welfare, or safety.
(10) "State hospital" means any hospital operated and
maintained by the state for the care of the mentally ill under
chapter 72.23 RCW. [1999 c 176 § 21; 1997 c 392 § 519;
1996 c 178 § 24; 1981 c 174 § 2; 1979 ex.s. c 228 § 2.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Effective date—1996 c 178: See note following RCW 18.35.110.
70.124.030
70.124.030 Reports of abuse or neglect. (1) When any
practitioner, social worker, psychologist, pharmacist,
[Title 70 RCW—page 355]
70.124.040
Title 70 RCW: Public Health and Safety
employee of a state hospital, or employee of the department
has reasonable cause to believe that a state hospital patient
has suffered abuse or neglect, the person shall report such
incident, or cause a report to be made, to either a law enforcement agency or to the department as provided in RCW
70.124.040.
(2) Any other person who has reasonable cause to
believe that a state hospital patient has suffered abuse or
neglect may report such incident to either a law enforcement
agency or to the department as provided in RCW 70.124.040.
(3) The department or any law enforcement agency
receiving a report of an incident of abuse or neglect involving
a state hospital patient who has died or has had physical
injury or injuries inflicted other than by accidental means or
who has been subjected to sexual abuse shall report the incident to the proper county prosecutor for appropriate action.
[1999 c 176 § 22; 1981 c 174 § 3; 1979 ex.s. c 228 § 3.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
70.124.040
70.124.040 Reports to department or law enforcement agency—Action required. (1) Where a report is
required under RCW 70.124.030, an immediate oral report
must be made by telephone or otherwise to either a law
enforcement agency or to the department and, upon request,
must be followed by a report in writing. The reports must
contain the following information, if known:
(a) The name and address of the person making the
report;
(b) The name and address of the state hospital patient;
(c) The name and address of the patient's relatives having
responsibility for the patient;
(d) The nature and extent of the alleged injury or injuries;
(e) The nature and extent of the alleged neglect;
(f) The nature and extent of the alleged sexual abuse;
(g) Any evidence of previous injuries, including their
nature and extent; and
(h) Any other information that may be helpful in establishing the cause of the patient's death, injury, or injuries, and
the identity of the perpetrator or perpetrators.
(2) Each law enforcement agency receiving such a report
shall, in addition to taking the action required by RCW
70.124.050, immediately relay the report to the department,
and to other law enforcement agencies, including the medicaid fraud control unit of the office of the attorney general, as
appropriate. For any report it receives, the department shall
likewise take the required action and in addition relay the
report to the appropriate law enforcement agency or agencies.
The appropriate law enforcement agency or agencies must
receive immediate notification when the department, upon
receipt of such report, has reasonable cause to believe that a
criminal act has been committed. [1999 c 176 § 23. Prior:
1997 c 392 § 520; 1997 c 386 § 30; 1981 c 174 § 4; 1979 ex.s.
c 228 § 4.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
[Title 70 RCW—page 356]
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
70.124.050
70.124.050 Investigations required—Seeking
restraining orders authorized. Upon the receipt of a report
concerning the possible occurrence of abuse or neglect, it is
the duty of the law enforcement agency and the department to
commence an investigation within twenty-four hours of such
receipt and, where appropriate, submit a report to the appropriate prosecuting attorney. The local prosecutor may seek a
restraining order to prohibit continued patient abuse. In all
cases investigated by the department a report to the complainant shall be made by the department. [1983 1st ex.s. c
41 § 24; 1979 ex.s. c 228 § 5.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
70.124.060
70.124.060 Liability of persons making reports. (1)
A person other than a person alleged to have committed the
abuse or neglect participating in good faith in the making of a
report pursuant to this chapter, or testifying as to alleged
patient abuse or neglect in a judicial proceeding, is, in so
doing, immune from any liability, civil or criminal, arising
out of such reporting or testifying under any law of this state
or its political subdivisions, and if such person is an
employee of a state hospital it is an unfair practice under
chapter 49.60 RCW for the employer to discharge, expel, or
otherwise discriminate against the employee for such reporting activity.
(2) Conduct conforming with the reporting requirements
of this chapter is not a violation of the confidential communication privilege of RCW 5.60.060 (3) or (4) or 18.83.110.
Nothing in this chapter supersedes or abridges remedies provided in chapter 4.92 RCW. [1999 c 176 § 24; 1993 c 510 §
25; 1981 c 174 § 5; 1979 ex.s. c 228 § 6.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Severability—1993 c 510: See note following RCW 49.60.010.
70.124.070
70.124.070 Failure to report is gross misdemeanor.
A person who is required to make or to cause to be made a
report pursuant to RCW 70.124.030 or 70.124.040 and who
knowingly fails to make such report or fails to cause such
report to be made is guilty of a gross misdemeanor. [1997 c
392 § 521; 1979 ex.s. c 228 § 7.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
70.124.080
70.124.080 Department reports of abused or
neglected patients. The department shall forward to the
appropriate state licensing authority a copy of any report
received pursuant to this chapter which alleges that a person
who is professionally licensed by this state has abused or
neglected a patient. [1979 ex.s. c 228 § 8.]
70.124.090
70.124.090 Publicizing objectives. In the adoption of
rules under the authority of this chapter, the department shall
provide for the publication and dissemination to state hospitals and state hospital employees and the posting where
appropriate by state hospitals of informational, educational,
or training materials calculated to aid and assist in achieving
(2004 Ed.)
Victims of Sexual Assault Act
the objectives of this chapter. [1999 c 176 § 25; 1981 c 174
§ 6; 1979 ex.s. c 228 § 9.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
70.124.100
70.124.100 Retaliation against whistleblowers and
residents—Remedies—Rules. (1) An employee who is a
whistleblower and who as a result of being a whistleblower
has been subjected to workplace reprisal or retaliatory action,
has the remedies provided under chapter 49.60 RCW. RCW
4.24.500 through 4.24.520, providing certain protection to
persons who communicate to government agencies, apply to
complaints made under this section. The identity of a whistleblower who complains, in good faith, to the department about
suspected abuse, neglect, financial exploitation, or abandonment by any person in a state hospital may remain confidential if requested. The identity of the whistleblower shall subsequently remain confidential unless the department determines that the complaint was not made in good faith.
(2)(a) An attempt to discharge a resident from a state
hospital or any type of discriminatory treatment of a resident
by whom, or upon whose behalf, a complaint substantiated
by the department has been submitted to the department or
any proceeding instituted under or related to this chapter
within one year of the filing of the complaint or the institution
of the action, raises a rebuttable presumption that the action
was in retaliation for the filing of the complaint.
(b) The presumption is rebutted by credible evidence
establishing the alleged retaliatory action was initiated prior
to the complaint.
(c) The presumption is rebutted by a functional assessment conducted by the department that shows that the resident's needs cannot be met by the reasonable accommodations of the facility due to the increased needs of the resident.
(3) For the purposes of this section:
(a) "Whistleblower" means a resident or employee of a
state hospital or any person licensed under Title 18 RCW,
who in good faith reports alleged abuse, neglect, financial
exploitation, or abandonment to the department or to a law
enforcement agency;
(b) "Workplace reprisal or retaliatory action" means, but
is not limited to: Denial of adequate staff to perform duties;
frequent staff changes; frequent and undesirable office
changes; refusal to assign meaningful work; unwarranted and
unsubstantiated report of misconduct under Title 18 RCW;
letters of reprimand or unsatisfactory performance evaluations; demotion; denial of employment; or a supervisor or
superior encouraging coworkers to behave in a hostile manner toward the whistleblower; and
(c) "Reasonable accommodation" by a facility to the
needs of a prospective or current resident has the meaning
given to this term under the federal Americans with disabilities act of 1990, 42 U.S.C. Sec. 12101 et seq. and other applicable federal or state antidiscrimination laws and regulations.
(4) This section does not prohibit a state hospital from
exercising its authority to terminate, suspend, or discipline an
employee who engages in workplace reprisal or retaliatory
action against a whistleblower. The protections provided to
whistleblowers under this chapter shall not prevent a state
hospital from: (a) Terminating, suspending, or disciplining a
whistleblower for other lawful purposes; or (b) for facilities
(2004 Ed.)
70.125.020
with six or fewer residents, reducing the hours of employment or terminating employment as a result of the demonstrated inability to meet payroll requirements. The department shall determine if the facility cannot meet payroll in
cases where a whistleblower has been terminated or had
hours of employment reduced due to the inability of a facility
to meet payroll.
(5) The department shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under this chapter.
(6) No resident who relies upon and is being provided
spiritual treatment in lieu of medical treatment in accordance
with the tenets and practices of a well-recognized religious
denomination shall for that reason alone be considered abandoned, abused, or neglected, nor shall anything in this chapter
be construed to authorize, permit, or require medical treatment contrary to the stated or clearly implied objection of
such a person.
(7) The department shall adopt rules designed to discourage whistleblower complaints made in bad faith or for retaliatory purposes. [1999 c 176 § 26; 1997 c 392 § 201.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
70.124.900
70.124.900 Severability—1979 ex.s. c 228. If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1979 ex.s. c 228 § 12.]
Chapter 70.125
Chapter 70.125 RCW
VICTIMS OF SEXUAL ASSAULT ACT
Sections
70.125.010
70.125.020
70.125.030
70.125.040
70.125.050
70.125.055
70.125.060
70.125.065
70.125.080
Short title.
Legislative findings—Program objectives.
Definitions.
Coordinating office—Biennial statewide plan.
Statewide program services.
Financial assistance to rape crisis centers.
Personal representative may accompany victim during treatment or proceedings.
Records of rape crisis centers not available as part of discovery—Exceptions.
Community sexual assault programs—Victim advocates.
Public disclosure: RCW 42.17.310.
Victims of crimes
compensation, assistance: Chapter 7.68 RCW.
survivors, witnesses: Chapter 7.69 RCW.
70.125.010
70.125.010 Short title. This chapter may be known and
cited as the Victims of Sexual Assault Act. [1979 ex.s. c 219
§ 1.]
Severability—1979 ex.s. c 219: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 219 § 22.]
70.125.020
70.125.020 Legislative findings—Program objectives. (1) The legislature hereby finds and declares that:
[Title 70 RCW—page 357]
70.125.030
Title 70 RCW: Public Health and Safety
(a) Sexual assault has become one of the most rapidly
increasing violent crimes over the last decade;
(b) There is a lack of essential information and data concerning sexual assault;
(c) There is a lack of adequate training for law enforcement officers concerning sexual assault, the victim, the
offender, and the investigation;
(d) There is a lack of community awareness and knowledge concerning sexual assault and the physical and psychological impact upon the victim;
(e) There is a lack of public information concerning sexual assault prevention and personal self-protection;
(f) Because of the lack of information, training, and services, the victims of sexual assault are not receiving the assistance they require in dealing with the physical and psychological trauma of a sexual assault;
(g) The criminal justice system and health care system
should maintain close contact and cooperation with each
other and with community rape crisis centers to expedite the
disposition of sexual assault cases; and
(h) Persons who are victims of sexual assault will benefit
directly from increased public awareness and education,
increased prosecutions, and a criminal justice system which
treats them in a humane manner.
(2) Therefore, a statewide sexual assault education,
training, and consultation program should be developed.
Such a statewide program should seek to improve treatment
of victims through information-gathering, education, training, community awareness programs, and by increasing the
efficiency of the criminal justice and health care systems as
they relate to sexual assault. Such a program should serve a
consultative and facilitative function for organizations which
provide services to victims and potential victims of sexual
assault. [1979 ex.s. c 219 § 2.]
(d) Child molestation;
(e) Sexual misconduct with a minor;
(f) Custodial sexual misconduct;
(g) Crimes with a sexual motivation; or
(h) An attempt to commit any of the aforementioned
offenses.
(8) "Specialized services" means treatment services for
victims of sexual assault including support groups, therapy,
and specialized sexual assault medical examination.
(9) "Victim" means any person who suffers physical
and/or mental anguish as a proximate result of a sexual
assault. [2000 c 54 § 1; 1999 c 45 § 6; 1996 c 123 § 6; 1988
c 145 § 19; 1979 ex.s. c 219 § 3.]
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
Effective date—1985 c 34: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1985." [1985 c 34 § 4.]
70.125.030
70.125.030 Definitions. As used in this chapter and
unless the context indicates otherwise:
(1) "Core services" means treatment services for victims
of sexual assault including information and referral, crisis
intervention, medical advocacy, legal advocacy, support, system coordination, and prevention for potential victims of sexual assault.
(2) "Department" means the department of community,
trade, and economic development.
(3) "Law enforcement agencies" means police and sheriff's departments of this state.
(4) "Personal representative" means a friend, relative,
attorney, or employee or volunteer from a community sexual
assault program or specialized treatment service provider.
(5) "Rape crisis center" means a community-based social
service agency which provides services to victims of sexual
assault.
(6) "Community sexual assault program" means a community-based social service agency that is qualified to provide and provides core services to victims of sexual assault.
(7) "Sexual assault" means one or more of the following:
(a) Rape or rape of a child;
(b) Assault with intent to commit rape or rape of a child;
(c) Incest or indecent liberties;
[Title 70 RCW—page 358]
Transfer of powers and duties—1996 c 123: "The powers and duties
of the department of social and health services under this chapter shall be
transferred to the department of community, trade, and economic development on July 1, 1996. The department of social and health services shall
transfer all unspent appropriated funds, records, and documents necessary to
facilitate a successful transfer." [1996 c 123 § 9.]
Effective date—1996 c 123: See note following RCW 43.280.010.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
70.125.040
70.125.040 Coordinating office—Biennial statewide
plan. The department shall establish a centralized office
within the department to coordinate activities of programs
relating to sexual assault and to facilitate coordination and
dissemination of information to personnel in fields relating to
sexual assault.
The department shall develop, with the cooperation of
the criminal justice training commission, the medical profession, and existing rape crisis centers, a biennial statewide
plan to aid organizations which provide services to victims of
sexual assault. [1985 c 34 § 1; 1979 ex.s. c 219 § 4.]
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
70.125.050
70.125.050 Statewide program services. The statewide program established under RCW 70.125.040 shall
include but not be limited to provision of the following services: PROVIDED, That the department shall utilize existing
rape crisis centers and contract, where appropriate, with these
centers to provide the services identified in this section:
(1) Assistance to the criminal justice training commission in developing and offering training and education programs for criminal justice personnel on the scope and nature
of the sexual assault problem;
(2) Assistance to health care personnel in training for the
sensitive handling and correct legal procedures of sexual
assault cases;
(3) Development of public education programs to
increase public awareness concerning sexual assault in coordination with the activities of the attorney general's crime
prevention efforts; and
(4) Technical assistance and advice to rape crisis centers,
including the organization of existing community resources,
volunteer training, identification of potential funding
sources, evaluation, and education. Assistance shall be given
(2004 Ed.)
Home Health Care and Hospice Care
for the development of additional programs in areas of the
state where such services do not exist. [1979 ex.s. c 219 § 5.]
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
70.125.055
70.125.055 Financial assistance to rape crisis centers.
The department may distribute financial assistance to rape
crisis centers to supplement crisis, advocacy, and counseling
services provided directly to victims. [1985 c 34 § 2.]
Effective date—1985 c 34: See note following RCW 70.125.040.
70.126.010
Chapter 70.126 RCW
HOME HEALTH CARE AND HOSPICE CARE
Chapter 70.126
Sections
70.126.001
70.126.010
70.126.020
70.126.030
70.126.060
Legislative finding.
Definitions.
Home health care—Services and supplies included, not
included.
Hospice care—Provider, plan, services included.
Application of chapter.
Optional coverage required by certain insurers: RCW 48.21.220,
48.21A.090, 48.44.320.
70.125.060
70.125.060 Personal representative may accompany
victim during treatment or proceedings. If the victim of a
sexual assault so desires, a personal representative of the victim's choice may accompany the victim to the hospital or
other health care facility, and to proceedings concerning the
alleged assault, including police and prosecution interviews
and court proceedings. [1979 ex.s. c 219 § 6.]
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
70.125.065
70.125.065 Records of rape crisis centers not available as part of discovery—Exceptions. Records maintained by rape crisis centers shall not be made available to
any defense attorney as part of discovery in a sexual assault
case unless:
(1) A written pretrial motion is made by the defendant to
the court stating that the defendant is requesting discovery of
the rape crisis center's records;
(2) The written motion is accompanied by an affidavit or
affidavits setting forth specifically the reasons why the defendant is requesting discovery of the rape crisis center's
records;
(3) The court reviews the rape crisis center's records in
camera to determine whether the rape crisis center's records
are relevant and whether the probative value of the records is
outweighed by the victim's privacy interest in the confidentiality of such records taking into account the further trauma
that may be inflicted upon the victim by the disclosure of the
records to the defendant; and
(4) The court enters an order stating whether the records
or any part of the records are discoverable and setting forth
the basis for the court's findings. [1981 c 145 § 9.]
70.125.080
70.125.080 Community sexual assault programs—
Victim advocates. (1) Community sexual assault programs
that are eligible for funding from the department under this
chapter may apply for grants for the purpose of hiring, training, and supervising victim advocates to provide core services to assist victims and their families through the investigation, prosecution, and treatment process that resulted from
a sexual assault. The department shall seek, receive, and
make use of any funds which may be available from federal
or other sources to augment state funds appropriated for the
purpose of this section, and shall make every effort to qualify
for federal funding. [1996 c 123 § 7; 1991 c 267 § 3.]
Transfer of powers and duties—1996 c 123: See note following
RCW 70.125.030.
Effective date—1996 c 123: See note following RCW 43.280.010.
Findings—Effective date—1991 c 267: See notes following RCW
43.101.270.
Victims of crimes: Chapter 7.69 RCW.
(2004 Ed.)
70.126.001
70.126.001 Legislative finding. The legislature finds
that the cost of medical care in general and hospital care in
particular has risen dramatically in recent years, and that in
1981, such costs rose faster than in any year since World War
II. The purpose of RCW 70.126.001 through *70.126.050 is
to support the provision of less expensive and more appropriate levels of care, home health care and hospice care, in order
to avoid hospitalization or shorten hospital stays. [1983 c
249 § 4.]
*Reviser's note: RCW 70.126.040 and 70.126.050 were repealed by
1988 c 245 § 34, effective July 1, 1989.
Effective date—Implementation—1983 c 249: "This act shall take
effect on July 1, 1984. The department of social and health services shall
immediately take such steps as are necessary to insure that this act is implemented on its effective date." [1983 c 249 § 11.]
70.126.010
70.126.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Hospice" means a private or public agency or organization that administers and provides hospice care and is
licensed by the department of social and health services as a
hospice care agency.
(2) "Hospice care" means care prescribed and supervised
by the attending physician and provided by the hospice to the
terminally ill in accordance with the standards of RCW
70.126.030.
(3) "Home health agency" means a private or public
agency or organization that administers and provides home
health care and is licensed by the department of social and
health services as a home health care agency.
(4) "Home health care" means services, supplies, and
medical equipment that meet the standards of RCW
70.126.020, prescribed and supervised by the attending physician, and provided through a home health agency and rendered to members in their residences when hospitalization
would otherwise be required.
(5) "Home health aide" means a person employed by a
home health agency or a hospice who is providing part-time
or intermittent care under the supervision of a registered
nurse, a physical therapist, occupational therapist, or speech
therapist. Such care includes ambulation and exercise, assistance with self-administered medications, reporting changes
in patients' conditions and needs, completing appropriate
records, and personal care or household services that are
needed to achieve the medically desired results.
(6) "Home health care plan of treatment" means a written
plan of care established and periodically reviewed by a physician that describes medically necessary home health care to
be provided to a patient for treatment of illness or injury.
[Title 70 RCW—page 359]
70.126.020
Title 70 RCW: Public Health and Safety
(7) "Hospice plan of care" means a written plan of care
established and periodically reviewed by a physician that
describes hospice care to be provided to a terminally ill
patient for palliation or medically necessary treatment of an
illness or injury.
(8) "Physician" means a physician licensed under chapter 18.57 or 18.71 RCW. [1988 c 245 § 29; 1984 c 22 § 4;
1983 c 249 § 5.]
Effective date—Implementation—Severability—1988 c 245: See
RCW 70.127.900 and 70.127.902.
Effective date—1984 c 22: See note following RCW 48.21.220.
Effective date—1983 c 249: See note following RCW 70.126.001.
70.126.020
70.126.020 Home health care—Services and supplies
included, not included. (1) Home health care shall be provided by a home health agency and shall:
(a) Be delivered by a registered nurse, physical therapist,
occupational therapist, speech therapist, or home health aide
on a part-time or intermittent basis;
(b) Include, as applicable under the written plan, supplies
and equipment such as:
(i) Drugs and medicines that are legally obtainable only
upon a physician's written prescription, and insulin;
(ii) Rental of durable medical apparatus and medical
equipment such as wheelchairs, hospital beds, respirators,
splints, trusses, braces, or crutches needed for treatment;
(iii) Supplies normally used for hospital inpatients and
dispensed by the home health agency such as oxygen, catheters, needles, syringes, dressings, materials used in aseptic
techniques, irrigation solutions, and intravenous fluids.
(2) The following services may be included when medically necessary, ordered by the attending physician, and
included in the approved plan of treatment:
(a) Licensed practical nurses;
(b) Respiratory therapists;
(c) Social workers holding a master's degree;
(d) Ambulance service that is certified by the physician
as necessary in the approved plan of treatment because of the
patient's physical condition or for unexpected emergency situations.
(3) Services not included in home health care include:
(a) Nonmedical, custodial, or housekeeping services
except by home health aides as ordered in the approved plan
of treatment;
(b) "Meals on Wheels" or similar food services;
(c) Nutritional guidance;
(d) Services performed by family members;
(e) Services not included in an approved plan of treatment;
(f) Supportive environmental materials such as handrails, ramps, telephones, air conditioners, and similar appliances and devices. [1984 c 22 § 5; 1983 c 249 § 6.]
Effective date—1984 c 22: See note following RCW 48.21.220.
(2) A written hospice care plan shall be approved by a
physician and shall be reviewed at designated intervals.
(3) The following services for necessary medical or palliative care shall be included when ordered by the attending
physician and included in the approved plan of treatment:
(a) Short-term care as an inpatient;
(b) Care of the terminally ill in an individual's home on
an outpatient basis as included in the approved plan of treatment;
(c) Respite care that is continuous care in the most
appropriate setting for a maximum of five days per threemonth period of hospice care. [1984 c 22 § 6; 1983 c 249 §
7.]
Effective date—1984 c 22: See note following RCW 48.21.220.
Effective date—1983 c 249: See note following RCW 70.126.001.
70.126.060 Application of chapter. The provisions of
this chapter apply only for the purposes of determining benefits to be included in the offering of optional coverage for
home health and hospice care services, as provided in RCW
48.21.220, 48.21A.090, and 48.44.320 and do not apply for
the purposes of licensure. [1988 c 245 § 30.]
70.126.060
Effective date—Implementation—Severability—1988 c 245: See
RCW 70.127.900 and 70.127.902.
Chapter 70.127
Chapter 70.127 RCW
IN-HOME SERVICES AGENCIES
(Formerly: Home health, hospice, and home care agencies—Licensure)
Sections
70.127.005
70.127.010
70.127.020
70.127.030
70.127.040
70.127.041
70.127.050
70.127.080
70.127.085
70.127.090
70.127.100
70.127.120
70.127.125
70.127.130
70.127.140
70.127.150
70.127.170
70.127.180
70.127.190
70.127.200
70.127.213
70.127.216
70.127.280
70.127.902
Legislative intent.
Definitions.
Licenses required after July 1, 1990—Penalties.
Use of certain terms limited to licensees.
Persons, activities, or entities not subject to regulation under
chapter.
Home care quality authority not subject to regulation.
Volunteer organizations—Use of phrase "volunteer hospice."
Licenses—Application procedure and requirements.
State licensure survey.
License or renewal—Fees—Sliding scale.
Licenses—Issuance—Prerequisites—Transfer or assignment—Surveys.
Rules for recordkeeping, services, staff and volunteer policies,
complaints.
Interpretive guidelines for services.
Legend drugs and controlled substances—Rules.
Bill of rights—Billing statements.
Durable power of attorney—Prohibition for licensees, contractees, or employees.
Licenses—Denial, restriction, conditions, modification, suspension, revocation—Civil penalties.
Surveys and in-home visits—Notice of violations—Enforcement action.
Disclosure of compliance information.
Unlicensed agencies—Department may seek injunctive or
other relief—Injunctive relief does not prohibit criminal or
civil penalties—Fines.
Unlicensed operation of an in-home services agency—Cease
and desist orders—Adjudicative proceedings—Fines.
Unlicensed operation of an in-home services agency—Consumer protection act.
Hospice care centers—Applicants—Rules.
Severability—1988 c 245.
Effective date—1983 c 249: See note following RCW 70.126.001.
70.127.005 Legislative intent. The legislature finds
that the availability of home health, hospice, and home care
services has improved the quality of life for Washington's citizens. However, the delivery of these services bring risks
because the in-home location of services makes their actual
70.127.005
70.126.030
70.126.030 Hospice care—Provider, plan, services
included. (1) Hospice care shall be provided by a hospice
and shall meet the standards of RCW 70.126.020(1) (a) and
(b)(ii) and (iii).
[Title 70 RCW—page 360]
(2004 Ed.)
In-Home Services Agencies
delivery virtually invisible. Also, the complexity of products,
services, and delivery systems in today's health care delivery
system challenges even informed and healthy individuals.
The fact that these services are delivered to the state's most
vulnerable population, the ill or disabled who are frequently
also elderly, adds to these risks.
It is the intent of the legislature to protect the citizens of
Washington state by licensing home health, hospice, and
home care agencies. This legislation is not intended to unreasonably restrict entry into the in-home service marketplace.
Standards established are intended to be the minimum necessary to ensure safe and competent care, and should be demonstrably related to patient safety and welfare. [1988 c 245 § 1.]
70.127.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Administrator" means an individual responsible for
managing the operation of an agency.
(2) "Department" means the department of health.
(3) "Director of clinical services" means an individual
responsible for nursing, therapy, nutritional, social, and
related services that support the plan of care provided by inhome health and hospice agencies.
(4) "Family" means individuals who are important to,
and designated by, the patient or client and who need not be
relatives.
(5) "Home care agency" means a person administering or
providing home care services directly or through a contract
arrangement to individuals in places of temporary or permanent residence. A home care agency that provides delegated
tasks of nursing under RCW 18.79.260(3)(e) is not considered a home health agency for the purposes of this chapter.
(6) "Home care services" means nonmedical services
and assistance provided to ill, disabled, or vulnerable individuals that enable them to remain in their residences. Home
care services include, but are not limited to: Personal care
such as assistance with dressing, feeding, and personal
hygiene to facilitate self-care; homemaker assistance with
household tasks, such as housekeeping, shopping, meal planning and preparation, and transportation; respite care assistance and support provided to the family; or other nonmedical services or delegated tasks of nursing under RCW
18.79.260(3)(e).
(7) "Home health agency" means a person administering
or providing two or more home health services directly or
through a contract arrangement to individuals in places of
temporary or permanent residence. A person administering
or providing nursing services only may elect to be designated
a home health agency for purposes of licensure.
(8) "Home health services" means services provided to
ill, disabled, or vulnerable individuals. These services
include but are not limited to nursing services, home health
aide services, physical therapy services, occupational therapy
services, speech therapy services, respiratory therapy services, nutritional services, medical social services, and home
medical supplies or equipment services.
(9) "Home health aide services" means services provided
by a home health agency or a hospice agency under the supervision of a registered nurse, physical therapist, occupational
therapist, or speech therapist who is employed by or under
70.127.010
(2004 Ed.)
70.127.010
contract to a home health or hospice agency. Such care
includes ambulation and exercise, assistance with selfadministered medications, reporting changes in patients' conditions and needs, completing appropriate records, and personal care or homemaker services.
(10) "Home medical supplies" or "equipment services"
means diagnostic, treatment, and monitoring equipment and
supplies provided for the direct care of individuals within a
plan of care.
(11) "Hospice agency" means a person administering or
providing hospice services directly or through a contract
arrangement to individuals in places of temporary or permanent residence under the direction of an interdisciplinary
team composed of at least a nurse, social worker, physician,
spiritual counselor, and a volunteer.
(12) "Hospice care center" means a homelike, noninstitutional facility where hospice services are provided, and that
meets the requ irements fo r op eration under R CW
70.127.280.
(13) "Hospice services" means symptom and pain management provided to a terminally ill individual, and emotional, spiritual, and bereavement support for the individual
and family in a place of temporary or permanent residence,
and may include the provision of home health and home care
services for the terminally ill individual.
(14) "In-home services agency" means a person licensed
to administer or provide home health, home care, hospice services, or hospice care center services directly or through a
contract arrangement to individuals in a place of temporary
or permanent residence.
(15) "Person" means any individual, business, firm, partnership, corporation, company, association, joint stock association, public or private agency or organization, or the legal
successor thereof that employs or contracts with two or more
individuals.
(16) "Plan of care" means a written document based on
assessment of individual needs that identifies services to
meet these needs.
(17) "Quality improvement" means reviewing and evaluating appropriateness and effectiveness of services provided
under this chapter.
(18) "Service area" means the geographic area in which
the department has given prior approval to a licensee to provide home health, hospice, or home care services.
(19) "Survey" means an inspection conducted by the
department to evaluate and monitor an agency's compliance
with this chapter. [2003 c 140 § 7; 2000 c 175 § 1; 1999 c 190
§ 1; 1993 c 42 § 1; 1991 c 3 § 373; 1988 c 245 § 2.]
Effective date—2003 c 140: See note following RCW 18.79.040.
Effective date—2000 c 175: "This act takes effect January 1, 2002."
[2000 c 175 § 24.]
Severability—1993 c 42: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1993 c 42 § 14.]
Effective dates—1993 c 42: "(1) Sections 1 through 10 and 12 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public institutions, and shall take effect June 30, 1993.
(2) Section 11 of this act shall take effect January 1, 1994." [1993 c 42
§ 15.]
[Title 70 RCW—page 361]
70.127.020
Title 70 RCW: Public Health and Safety
70.127.020 Licenses required after July 1, 1990—
Penalties. (1) After July 1, 1990, a license is required for a
person to advertise, operate, manage, conduct, open, or maintain an in-home services agency.
(2) An in-home services agency license is required for a
nursing home, hospital, or other person that functions as a
home health, hospice, hospice care center, or home care
agency.
(3) Any person violating this section is guilty of a misdemeanor. Each day of a continuing violation is a separate violation.
(4) If any corporation conducts any activity for which a
license is required by this chapter without the required
license, it may be punished by forfeiture of its corporate charter.
(5) All fines, forfeitures, and penalties collected or
assessed by a court because of a violation of this section shall
be deposited in the department's local fee account. [2003 c 53
§ 363; 2000 c 175 § 2; 1988 c 245 § 3.]
70.127.020
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.030 Use of certain terms limited to licensees.
It is unlawful for any person to use the words:
(1) "Home health agency," "home health care services,"
"visiting nurse services," "home health," or "home health services" in its corporate or business name, or advertise using
such words unless licensed to provide those services under
this chapter;
(2) "Hospice agency," "hospice," "hospice services,"
"hospice care," or "hospice care center" in its corporate or
business name, or advertise using such words unless licensed
to provide those services under this chapter;
(3) "Home care agency," "home care services," or "home
care" in its corporate or business name, or advertise using
such words unless licensed to provide those services under
this chapter; or
(4) "In-home services agency," "in-home services," or
any similar term to indicate that a person is a home health,
home care, hospice care center, or hospice agency in its corporate or business name, or advertise using such words unless
licensed to provide those services under this chapter. [2000 c
175 § 3; 1988 c 245 § 4.]
70.127.030
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.040 Persons, activities, or entities not subject
to regulation under chapter. The following are not subject
to regulation for the purposes of this chapter:
(1) A family member providing home health, hospice, or
home care services;
(2) A person who provides only meal services in an individual's permanent or temporary residence;
(3) An individual providing home care through a direct
agreement with a recipient of care in an individual's permanent or temporary residence;
(4) A person furnishing or delivering home medical supplies or equipment that does not involve the provision of services beyond those necessary to deliver, set up, and monitor
the proper functioning of the equipment and educate the user
on its proper use;
70.127.040
[Title 70 RCW—page 362]
(5) A person who provides services through a contract
with a licensed agency;
(6) An employee or volunteer of a licensed agency who
provides services only as an employee or volunteer;
(7) Facilities and institutions, including but not limited to
nursing homes under chapter 18.51 RCW, hospitals under
chapter 70.41 RCW, adult family homes under chapter
70.128 RCW, boarding homes under chapter 18.20 RCW,
developmental disability residential programs under chapter
71A.12 RCW, other entities licensed under chapter 71.12
RCW, or other licensed facilities and institutions, only when
providing services to persons residing within the facility or
institution;
(8) Local and combined city-county health departments
providing services under chapters 70.05 and 70.08 RCW;
(9) An individual providing care to ill, disabled, or vulnerable individuals through a contract with the department of
social and health services;
(10) Nursing homes, hospitals, or other institutions,
agencies, organizations, or persons that contract with
licensed home health, hospice, or home care agencies for the
delivery of services;
(11) In-home assessments of an ill, disabled, or vulnerable individual that does not result in regular ongoing care at
home;
(12) Services conducted by and for the adherents of a
church or religious denomination that rely upon spiritual
means alone through prayer for healing in accordance with
the tenets and practices of such church or religious denomination and the bona fide religious beliefs genuinely held by
such adherents;
(13) A medicare-approved dialysis center operating a
medicare-approved home dialysis program;
(14) A person providing case management services. For
the purposes of this subsection, "case management" means
the assessment, coordination, authorization, planning, training, and monitoring of home health, hospice, and home care,
and does not include the direct provision of care to an individual;
(15) Pharmacies licensed under RCW 18.64.043 that
deliver prescription drugs and durable medical equipment
that does not involve the use of professional services beyond
those authorized to be performed by licensed pharmacists
pursuant to chapter 18.64 RCW and those necessary to set up
and monitor the proper functioning of the equipment and
educate the person on its proper use;
(16) A volunteer hospice complying with the requirements of RCW 70.127.050; and
(17) A person who provides home care services without
compensation. [2003 c 275 § 3; 2003 c 140 § 8; 2000 c 175
§ 4; 1993 c 42 § 2; 1988 c 245 § 5.]
Reviser's note: This section was amended by 2003 c 140 § 8 and by
2003 c 275 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 140: See note following RCW 18.79.040.
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
(2004 Ed.)
In-Home Services Agencies
70.127.041
70.127.041 Home care quality authority not subject
to regulation. The authority established by chapter 3, Laws
of 2002 is not subject to regulation for purposes of this chapter. [2002 c 3 § 13 (Initiative Measure No. 775, approved
November 6, 2001).]
Findings—Captions not law—Severability—2002 c 3 (Initiative
Measure No. 775): See RCW 74.39A.220 and notes following.
70.127.050
70.127.050 Volunteer organizations—Use of phrase
"volunteer hospice." (1) An entity that provides hospice
care without receiving compensation for delivery of any of its
services is exempt from licensure pursuant to RCW
70.127.020(1) if it notifies the department, on forms provided
by the department, of its name, address, name of owner, and
a statement affirming that it provides hospice care without
receiving compensation for delivery of any of its services.
This form must be filed with the department within sixty days
after being informed in writing by the department of this
requirement for obtaining exemption from licensure under
this chapter.
(2) For the purposes of this section, it is not relevant if
the entity compensates its staff. For the purposes of this section, the word "compensation" does not include donations.
(3) Notwithstanding the provisions of RCW
70.127.030(2), an entity that provides hospice care without
receiving compensation for delivery of any of its services is
allowed to use the phrase "volunteer hospice."
(4) Nothing in this chapter precludes an entity providing
hospice care without receiving compensation for delivery of
any of its services from obtaining a hospice license if it so
chooses, but that entity would be exempt from the requirements set forth in RCW 70.127.080(1)(d). [2000 c 175 § 5;
1993 c 42 § 3; 1988 c 245 § 6.]
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.080
70.127.080 Licenses—Application procedure and
requirements. (1) An applicant for an in-home services
agency license shall:
(a) File a written application on a form provided by the
department;
(b) Demonstrate ability to comply with this chapter and
the rules adopted under this chapter;
(c) Cooperate with on-site survey conducted by the
department except as provided in RCW 70.127.085;
(d) Provide evidence of and maintain professional liability, public liability, and property damage insurance in an
amount established by the department, based on industry
standards. This subsection shall not apply to hospice agency
applicants that provide hospice care without receiving compensation for delivery of services;
(e) Provide documentation of an organizational structure, and the identity of the applicant, officers, administrator,
directors of clinical services, partners, managing employees,
or owners of ten percent or more of the applicant's assets;
(f) File with the department for approval a description of
the service area in which the applicant will operate and a
description of how the applicant intends to provide management and supervision of services throughout the service area.
The department shall adopt rules necessary to establish crite(2004 Ed.)
70.127.085
ria for approval that are related to appropriate management
and supervision of services throughout the service area. In
developing the rules, the department may not establish criteria that:
(i) Limit the number or type of agencies in any service
area; or
(ii) Limit the number of persons any agency may serve
within its service area unless the criteria are related to the
need for trained and available staff to provide services within
the service area;
(g) File with the department a list of the home health,
hospice, and home care services provided directly and under
contract;
(h) Pay to the department a license fee as provided in
RCW 70.127.090;
(i) Comply with RCW 43.43.830 through 43.43.842 for
criminal background checks; and
(j) Provide any other information that the department
may reasonably require.
(2) A certificate of need under chapter 70.38 RCW is not
required for licensure except for the operation of a hospice
care center. [2000 c 175 § 6; 1999 c 190 § 2; 1993 c 42 § 4;
1988 c 245 § 9.]
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.085
70.127.085 State licensure survey. (1) Notwithstanding the provisions of RCW 70.127.080(1)(c), an in-home services agency that is certified by the federal medicare program, or accredited by the community health accreditation
program, or the joint commission on accreditation of health
care organizations as a home health or hospice agency is not
subject to a state licensure survey if:
(a) The department determines that the applicable survey
standards of the certification or accreditation program are
substantially equivalent to those required by this chapter;
(b) An on-site survey has been conducted for the purposes of certification or accreditation during the previous
twenty-four months; and
(c) The department receives directly from the certifying
or accrediting entity or from the licensee applicant copies of
the initial and subsequent survey reports and other relevant
reports or findings that indicate compliance with licensure
requirements.
(2) Notwithstanding the provisions of RCW
70.127.080(1)(c), an in-home services agency providing services under contract with the department of social and health
services or area agency on aging to provide home care services and that is monitored by the department of social and
health services or area agency on aging is not subject to a
state licensure survey by the department of health if:
(a) The department determines that the department of
social and health services or an area agency on aging monitoring standards are substantially equivalent to those required
by this chapter;
(b) An on-site monitoring has been conducted by the
department of social and health services or an area agency on
aging during the previous twenty-four months;
[Title 70 RCW—page 363]
70.127.090
Title 70 RCW: Public Health and Safety
(c) The department of social and health services or an
area agency on aging includes in its monitoring a sample of
private pay clients, if applicable; and
(d) The department receives directly from the department of social and health services copies of monitoring
reports and other relevant reports or findings that indicate
compliance with licensure requirements.
(3) The department retains authority to survey those services areas not addressed by the national accrediting body,
department of social and health services, or an area agency on
aging.
(4) In reviewing the federal, the joint commission on
accreditation of health care organizations, the community
health accreditation program, or the department of social and
health services survey standards for substantial equivalency
to those set forth in this chapter, the department is directed to
provide the most liberal interpretation consistent with the
intent of this chapter. In the event the department determines
at any time that the survey standards are not substantially
equivalent to those required by this chapter, the department is
directed to notify the affected licensees. The notification shall
contain a detailed description of the deficiencies in the alternative survey process, as well as an explanation concerning
the risk to the consumer. The determination of substantial
equivalency for alternative survey process and lack of substantial equivalency are agency actions and subject to RCW
34.05.210 through 34.05.395 and 34.05.510 through
34.05.675.
(5) The department is authorized to perform a validation
survey on in-home services agencies who previously
received a survey through accreditation or contracts with the
department of social and health services or an area agency on
aging under subsection (2) of this section. The department is
authorized to perform a validation survey on no greater than
ten percent of each type of certification or accreditation survey.
(6) This section does not affect the department's enforcement authority for licensed agencies. [2000 c 175 § 7; 1993
c 42 § 11.]
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.090
70.127.090 License or renewal—Fees—Sliding scale.
(1) Application and renewal fee: An application for a license
or any renewal shall be accompanied by a fee as established
by the department under RCW 43.70.250. The department
shall adopt by rule licensure fees based on a sliding scale
using such factors as the number of agency full-time equivalents, geographic area served, number of locations, or type
and volume of services provided. For agencies receiving a
licensure survey that requires more than two on-site surveys
by the department per licensure period, an additional fee as
determined by the department by rule shall be charged for
each additional on-site survey. The department may set different licensure fees for each licensure category. Agencies
receiving a license without necessity of an on-site survey by
the department under this chapter shall pay the same licensure or transfer fee as other agencies in their licensure category.
[Title 70 RCW—page 364]
(2) Change of ownership fee: The department shall
charge a reasonable fee for processing changes in ownership.
The fee for transfer of ownership may not exceed fifty percent of the base licensure fee.
(3) Late fee: The department may establish a late fee for
failure to apply for licensure or renewal as required by this
chapter. [2000 c 175 § 8; 1999 c 190 § 3; 1993 c 42 § 5; 1988
c 245 § 10.]
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.100 Licenses—Issuance—Prerequisites—
Transfer or assignment—Surveys. Upon receipt of an
application under RCW 70.127.080 for a license and the
license fee, the department shall issue a license if the applicant meets the requirements established under this chapter. A
license issued under this chapter shall not be transferred or
assigned without thirty days prior notice to the department
and the department's approval. A license, unless suspended or
revoked, is effective for a period of two years, however an
initial license is only effective for twelve months. The department shall conduct a survey within each licensure period and
may conduct a licensure survey after ownership transfer.
[2000 c 175 § 9; 1993 c 42 § 6; 1988 c 245 § 11.]
70.127.100
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.120 Rules for recordkeeping, services, staff
and volunteer policies, complaints. The department shall
adopt rules consistent with RCW 70.127.005 necessary to
implement this chapter under chapter 34.05 RCW. In order
to ensure safe and adequate care, the rules shall address at a
minimum the following:
(1) Maintenance and preservation of all records relating
directly to the care and treatment of individuals by licensees;
(2) Establishment and implementation of a procedure for
the receipt, investigation, and disposition of complaints
regarding services provided;
(3) Establishment and implementation of a plan for
ongoing care of individuals and preservation of records if the
licensee ceases operations;
(4) Supervision of services;
(5) Establishment and implementation of written policies
regarding response to referrals and access to services;
(6) Establishment and implementation of written personnel policies, procedures and personnel records for paid staff
that provide for prehire screening, minimum qualifications,
regular performance evaluations, including observation in the
home, participation in orientation and in-service training, and
involvement in quality improvement activities. The department may not establish experience or other qualifications for
agency personnel or contractors beyond that required by state
law;
(7) Establishment and implementation of written policies
and procedures for volunteers who have direct patient/client
contact and that provide for background and health screening,
orientation, and supervision;
(8) Establishment and implementation of written policies
for obtaining regular reports on patient satisfaction;
70.127.120
(2004 Ed.)
In-Home Services Agencies
(9) Establishment and implementation of a quality
improvement process;
(10) Establishment and implementation of policies
related to the delivery of care including:
(a) Plan of care for each individual served;
(b) Periodic review of the plan of care;
(c) Supervision of care and clinical consultation as necessary;
(d) Care consistent with the plan;
(e) Admission, transfer, and discharge from care; and
(f) For hospice services:
(i) Availability of twenty-four hour seven days a week
hospice registered nurse consultation and in-home services as
appropriate;
(ii) Interdisciplinary team communication as appropriate
and necessary; and
(iii) The use and availability of volunteers to provide
family support and respite care; and
(11) Establishment and implementation of policies
related to agency implementation and oversight of nurse delegation as defined in RCW 18.79.260(3)(e). [2003 c 140 § 9;
2000 c 175 § 10; 1993 c 42 § 8; 1988 c 245 § 13.]
Effective date—2003 c 140: See note following RCW 18.79.040.
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.170
(g) A statement providing that the individual or representative is entitled to information regarding access to the
department's listing of providers and to select any licensee to
provide care, subject to the individual's reimbursement mechanism or other relevant contractual obligations;
(h) Be treated with courtesy, respect, privacy, and freedom from abuse and discrimination;
(i) Refuse treatment or services;
(j) Have property treated with respect;
(k) Privacy of personal information and confidentiality
of health care records;
(l) Be cared for by properly trained staff with coordination of services;
(m) A fully itemized billing statement upon request,
including the date of each service and the charge. Licensees
providing services through a managed care plan shall not be
required to provide itemized billing statements; and
(n) Be informed about advanced directives and the
agency's responsibility to implement them.
(2) An in-home services agency shall ensure rights under
this section are implemented and updated as appropriate.
[2000 c 175 § 12; 1988 c 245 § 15.]
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.150
70.127.125 Interpretive guidelines for services. The
department is directed to continue to develop, with opportunity for comment from licensees, interpretive guidelines that
are specific to each type of service and consistent with legislative intent. [2000 c 175 § 11; 1993 c 42 § 7.]
70.127.125
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.130 Legend drugs and controlled substances—Rules. Licensees shall conform to the standards of
RCW 69.41.030 and 69.50.308. Rules adopted by the department concerning the use of legend drugs or controlled substances shall reference and be consistent with board of pharmacy rules. [1993 c 42 § 9; 1988 c 245 § 14.]
70.127.130
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.140 Bill of rights—Billing statements. (1) An
in-home services agency shall provide each individual or designated representative with a written bill of rights affirming
each individual's right to:
(a) A listing of the in-home services offered by the inhome services agency and those being provided;
(b) The name of the individual supervising the care and
the manner in which that individual may be contacted;
(c) A description of the process for submitting and
addressing complaints;
(d) Submit complaints without retaliation and to have the
complaint addressed by the agency;
(e) Be informed of the state complaint hotline number;
(f) A statement advising the individual or representative
of the right to ongoing participation in the development of the
plan of care;
70.127.140
(2004 Ed.)
70.127.150 Durable power of attorney—Prohibition
for licensees, contractees, or employees. No licensee, contractee, or employee may hold a durable power of attorney on
behalf of any individual who is receiving care from the licensee. [2000 c 175 § 13; 1988 c 245 § 16.]
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.170
70.127.170 Licenses—Denial, restriction, conditions,
modification, suspension, revocation—Civil penalties.
Pursuant to chapter 34.05 RCW and RCW 70.127.180(3), the
department may deny, restrict, condition, modify, suspend, or
revoke a license under this chapter or, in lieu thereof or in
addition thereto, assess monetary penalties of a civil nature
not to exceed one thousand dollars per violation, or require a
refund of any amounts billed to, and collected from, the consumer or third-party payor in any case in which it finds that
the licensee, or any applicant, officer, director, partner, managing employee, or owner of ten percent or more of the applicant's or licensee's assets:
(1) Failed or refused to comply with the requirements of
this chapter or the standards or rules adopted under this chapter;
(2) Was the holder of a license issued pursuant to this
chapter that was revoked for cause and never reissued by the
department, or that was suspended for cause and the terms of
the suspension have not been fulfilled and the licensee has
continued to operate;
(3) Has knowingly or with reason to know made a misrepresentation of, false statement of, or failed to disclose, a
material fact to the department in an application for the
license or any data attached thereto or in any record required
by this chapter or matter under investigation by the department, or during a survey, or concerning information
requested by the department;
[Title 70 RCW—page 365]
70.127.180
Title 70 RCW: Public Health and Safety
(4) Refused to allow representatives of the department to
inspect any book, record, or file required by this chapter to be
maintained or any portion of the licensee's premises;
(5) Willfully prevented, interfered with, or attempted to
impede in any way the work of any representative of the
department and the lawful enforcement of any provision of
this chapter. This includes but is not limited to: Willful misrepresentation of facts during a survey, investigation, or
administrative proceeding or any other legal action; or use of
threats or harassment against any patient, client, or witness,
or use of financial inducements to any patient, client, or witness to prevent or attempt to prevent him or her from providing evidence during a survey or investigation, in an administrative proceeding, or any other legal action involving the
department;
(6) Willfully prevented or interfered with any representative of the department in the preservation of evidence of
any violation of this chapter or the rules adopted under this
chapter;
(7) Failed to pay any civil monetary penalty assessed by
the department pursuant to this chapter within ten days after
the assessment becomes final;
(8) Used advertising that is false, fraudulent, or misleading;
(9) Has repeated incidents of personnel performing services beyond their authorized scope of practice;
(10) Misrepresented or was fraudulent in any aspect of
the conduct of the licensee's business;
(11) Within the last five years, has been found in a civil
or criminal proceeding to have committed any act that reasonably relates to the person's fitness to establish, maintain,
or administer an agency or to provide care in the home of
another;
(12) Was the holder of a license to provide care or treatment to ill, disabled, or vulnerable individuals that was
denied, restricted, not renewed, surrendered, suspended, or
revoked by a competent authority in any state, federal, or foreign jurisdiction. A certified copy of the order, stipulation, or
agreement is conclusive evidence of the denial, restriction,
nonrenewal, surrender, suspension, or revocation;
(13) Violated any state or federal statute, or administrative rule regulating the operation of the agency;
(14) Failed to comply with an order issued by the secretary or designee;
(15) Aided or abetted the unlicensed operation of an inhome services agency;
(16) Operated beyond the scope of the in-home services
agency license;
(17) Failed to adequately supervise staff to the extent
that the health or safety of a patient or client was at risk;
(18) Compromised the health or safety of a patient or client, including, but not limited to, the individual performing
services beyond their authorized scope of practice;
(19) Continued to operate after license revocation, suspension, or expiration, or operating outside the parameters of
a modified, conditioned, or restricted license;
(20) Failed or refused to comply with chapter 70.02
RCW;
(21) Abused, neglected, abandoned, or financially
exploited a patient or client as these terms are defined in
RCW 74.34.020;
[Title 70 RCW—page 366]
(22) Misappropriated the property of an individual;
(23) Is unqualified or unable to operate or direct the
operation of the agency according to this chapter and the
rules adopted under this chapter;
(24) Obtained or attempted to obtain a license by fraudulent means or misrepresentation; or
(25) Failed to report abuse or neglect of a patient or client in violation of chapter 74.34 RCW. [2003 c 140 § 10;
2000 c 175 § 14; 1988 c 245 § 18.]
Effective date—2003 c 140: See note following RCW 18.79.040.
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.180
70.127.180 Surveys and in-home visits—Notice of
violations—Enforcement action. (1) The department may
at any time conduct a survey of all records and operations of
a licensee in order to determine compliance with this chapter.
The department may conduct in-home visits to observe
patient/client care and services. The right to conduct a survey
shall extend to any premises and records of persons whom the
department has reason to believe are providing home health,
hospice, or home care services without a license.
(2) Following a survey, the department shall give written
notice of any violation of this chapter or the rules adopted
under this chapter. The notice shall describe the reasons for
noncompliance.
(3) The licensee may be subject to formal enforcement
action under RCW 70.127.170 if the department determines:
(a) The licensee has previously been subject to a formal
enforcement action for the same or similar type of violation
of the same statute or rule, or has been given previous notice
of the same or similar type of violation of the same statute or
rule; (b) the licensee failed to achieve compliance with a statute, rule, or order by the date established in a previously
issued notice or order; (c) the violation resulted in actual serious physical or emotional harm or immediate threat to the
health, safety, welfare, or rights of one or more individuals;
or (d) the violation has a potential for serious physical or
emotional harm or immediate threat to the health, safety, welfare, or rights of one or more individuals. [2000 c 175 § 15;
1988 c 245 § 19.]
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.190
70.127.190 Disclosure of compliance information.
All information received by the department through filed
reports, surveys, and in-home visits conducted under this
chapter shall not be disclosed publicly in any manner that
would identify individuals receiving care under this chapter.
[2000 c 175 § 16; 1988 c 245 § 20.]
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.200
70.127.200 Unlicensed agencies—Department may
seek injunctive or other relief—Injunctive relief does not
prohibit criminal or civil penalties—Fines. (1) Notwithstanding the existence or use of any other remedy, the department may, in the manner provided by law and upon the
advice of the attorney general, who shall represent the department in the proceedings, maintain an action in the name of
the state for an injunction or other process against any person
to restrain or prevent the advertising, operating, maintaining,
managing, or opening of a home health, hospice, hospice care
(2004 Ed.)
In-Home Services Agencies
70.127.280
method of enforcement of the cease and desist order or civil
fine may be used in addition to, or as an alternative to, any
provisions for enforcement of agency orders set out in chapter 34.05 RCW. [2000 c 175 § 19.]
center, or home care agency without an in-home services
agency license under this chapter.
(2) The injunction shall not relieve the person operating
an in-home services agency without a license from criminal
prosecution, or the imposition of a civil fine under RCW
70.127.213(2), but the remedy by injunction shall be in addition to any criminal liability or civil fine. A person that violates an injunction issued under this chapter shall pay a civil
penalty, as determined by the court, of not more than twentyfive thousand dollars, which shall be deposited in the department's local fee account. For the purpose of this section, the
superior court issuing any injunction shall retain jurisdiction
and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for
the recovery of civil penalties. All fines, forfeitures, and penalties collected or assessed by a court because of a violation
of RCW 70.127.020 shall be deposited in the department's
local fee account. [2000 c 175 § 17; 1988 c 245 § 21.]
70.127.216 Unlicensed operation of an in-home services agency—Consumer protection act. The legislature
finds that the operation of an in-home services agency without a license in violation of this chapter is a matter vitally
affecting the public interest for the purpose of applying the
consumer protection act, chapter 19.86 RCW. Operation of
an in-home services agency without a license in violation of
this chapter is not reasonable in relation to the development
and preservation of business. Such a violation is an unfair or
deceptive act in trade or commerce and an unfair method of
competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. [2000 c 175 § 20.]
Effective date—2000 c 175: See note following RCW 70.127.010.
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.213
70.127.213 Unlicensed operation of an in-home services agency—Cease and desist orders—Adjudicative
proceedings—Fines. (1) The department may issue a notice
of intention to issue a cease and desist order to any person
whom the department has reason to believe is engaged in the
unlicensed operation of an in-home services agency. The person to whom the notice of intent is issued may request an
adjudicative proceeding to contest the charges. The request
for hearing must be filed within twenty days after service of
the notice of intent to issue a cease and desist order. The failure to request a hearing constitutes a default, whereupon the
department may enter a permanent cease and desist order,
which may include a civil fine. All proceedings shall be conducted in accordance with chapter 34.05 RCW.
(2) If the department makes a final determination that a
person has engaged or is engaging in unlicensed operation of
an in-home services agency, the department may issue a
cease and desist order. In addition, the department may
impose a civil fine in an amount not exceeding one thousand
dollars for each day upon which the person engaged in unlicensed operation of an in-home services agency. The proceeds of such fines shall be deposited in the department's
local fee account.
(3) If the department makes a written finding of fact that
the public interest will be irreparably harmed by delay in
issuing an order, the department may issue a temporary cease
and desist order. The person receiving a temporary cease and
desist order shall be provided an opportunity for a prompt
hearing. The temporary cease and desist order shall remain in
effect until further order of the department. The failure to
request a prompt or regularly scheduled hearing constitutes a
default, whereupon the department may enter a permanent
cease and desist order, which may include a civil fine.
(4) Neither the issuance of a cease and desist order nor
payment of a civil fine shall relieve the person so operating
an in-home services agency without a license from criminal
prosecution, but the remedy of a cease and desist order or
civil fine shall be in addition to any criminal liability. The
cease and desist order is conclusive proof of unlicensed operation and may be enforced under RCW 7.21.060. This
(2004 Ed.)
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.216
70.127.280
70.127.280 Hospice care centers—Applicants—
Rules. (1) Applicants desiring to operate a hospice care center are subject to the following:
(a) The application may only be made by a licensed hospice agency. The agency shall list which of the following service categories will be provided:
(i) General inpatient care;
(ii) Continuous home care;
(iii) Routine home care; or
(iv) Inpatient respite care;
(b) A certificate of need is required under chapter 70.38
RCW;
(c) A hospice agency may operate more than one hospice
care center in its service area;
(d) For hospice agencies that operate a hospice care center, no more than forty-nine percent of patient care days, in
the aggregate on a biennial basis, may be provided in the hospice care center;
(e) The maximum number of beds in a hospice care center is twenty;
(f) The maximum number of individuals per room is one,
unless the individual requests a roommate;
(g) A hospice care center may either be owned or leased
by a hospice agency. If the agency leases space, all delivery
of interdisciplinary services, to include staffing and management, shall be done by the hospice agency; and
(h) A hospice care center may either be freestanding or a
separate portion of another building.
(2) The department is authorized to develop rules to
implement this section. The rules shall be specific to each
hospice care center service category provided. The rules shall
at least specifically address the following:
(a) Adequate space for family members to visit, meet,
cook, share meals, and stay overnight with patients or clients;
(b) A separate external entrance, clearly identifiable to
the public when part of an existing structure;
(c) Construction, maintenance, and operation of a hospice care center;
(d) Means to inform the public which hospice care center
service categories are provided; and
[Title 70 RCW—page 367]
70.127.902
Title 70 RCW: Public Health and Safety
(e) A registered nurse present twenty-four hours a day,
seven days a week for hospice care centers delivering general
inpatient services.
(3) Hospice agencies which as of January 1, 2000, operate the functional equivalent of a hospice care center through
licensure as a hospital, under chapter 70.41 RCW, shall be
exempt from the certificate of need requirement for hospice
care centers if they apply for and receive a license as an inhome services agency to operate a hospice home care center
by July 1, 2002. [2000 c 175 § 21.]
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.902
70.127.902 Severability—1988 c 245. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1988 c 245 § 39.]
Chapter 70.128
Chapter 70.128 RCW
ADULT FAMILY HOMES
Sections
70.128.005
70.128.007
70.128.010
70.128.030
70.128.040
70.128.050
70.128.055
70.128.057
70.128.058
70.128.060
70.128.064
70.128.065
70.128.070
70.128.080
70.128.090
70.128.100
70.128.105
70.128.110
70.128.120
70.128.122
70.128.125
70.128.130
70.128.135
70.128.140
70.128.150
70.128.160
70.128.163
70.128.167
70.128.170
70.128.175
70.128.200
70.128.210
70.128.220
70.128.225
70.128.230
70.128.240
70.128.900
Findings—Intent.
Purpose.
Definitions.
Exemptions.
Adoption of rules and standards.
License—Required as of July 1, 1990.
Operating without a license—Misdemeanor.
Operating without a license—Injunction or civil penalty.
Operating without a license—Application of consumer protection act.
License—Generally.
Priority processing for license applications—Provisional
license.
Multiple facility operators—Requirements.
License—Inspections—Correction of violations.
License and inspection report—Availability for review.
Inspections—Generally.
Immediate suspension of license when conditions warrant.
Injunction if conditions warrant.
Prohibition against recommending unlicensed home—Report
and investigation of unlicensed home.
Adult family home provider, resident manager—Minimum
qualifications.
Adult family homes licensed by Indian tribes.
Resident rights.
Adult family homes—Requirements.
Compliance with chapter 70.24 RCW.
Compliance with local codes and state and local fire safety
regulations.
Adult family homes to work with local quality assurance
projects—Interference with representative of ombudsman
program—Penalty.
Department authority to take actions in response to noncompliance or violations.
Temporary management program—Purposes—Voluntary participation—Temporary management duties, duration—
Rules.
Disputed violations, enforcement remedies—Informal dispute
resolution process.
Homes relying on prayer for healing—Application of chapter.
Definitions.
Toll-free telephone number for complaints—Discrimination
or retaliation prohibited.
Training standards review—Delivery system—Issues
reviewed—Report to the legislature.
Elder care—Professionalization of providers.
Advisory committee.
Long-term caregiver training.
Approval system—Department-approved training—Adoption
of rules.
Severability—1989 c 427.
[Title 70 RCW—page 368]
70.128.005
70.128.005 Findings—Intent. The legislature finds
that adult family homes are an important part of the state's
long-term care system. Adult family homes provide an alternative to institutional care and promote a high degree of independent living for residents. Persons with functional limitations have broadly varying service needs. Adult family
homes that can meet those needs are an essential component
of a long-term system. The legislature further finds that different populations living in adult family homes, such as the
developmentally disabled and the elderly, often have significantly different needs and capacities from one another.
It is the legislature's intent that department rules and policies relating to the licensing and operation of adult family
homes recognize and accommodate the different needs and
capacities of the various populations served by the homes.
Furthermore, the development and operation of adult family
homes that can provide quality personal care and special care
services should be encouraged.
The legislature finds that many residents of communitybased long-term care facilities are vulnerable and their health
and well-being are dependent on their caregivers. The quality, skills, and knowledge of their caregivers are the key to
good care. The legislature finds that the need for well-trained
caregivers is growing as the state's population ages and residents' needs increase. The legislature intends that current
training standards be enhanced.
The legislature finds that the state of Washington has a
compelling interest in protecting and promoting the health,
welfare, and safety of vulnerable adults residing in adult family homes. The health, safety, and well-being of vulnerable
adults must be the paramount concern in determining
whether to issue a license to an applicant, whether to suspend
or revoke a license, or whether to take other licensing actions.
[2001 c 319 § 1; 2000 c 121 § 4; 1995 c 260 § 1; 1989 c 427
§ 14.]
70.128.007
70.128.007 Purpose. The purposes of this chapter are
to:
(1) Encourage the establishment and maintenance of
adult family homes that provide a humane, safe, and residential home environment for persons with functional limitations
who need personal and special care;
(2) Establish standards for regulating adult family homes
that adequately protect residents;
(3) Encourage consumers, families, providers, and the
public to become active in assuring their full participation in
development of adult family homes that provide high quality
and cost-effective care;
(4) Provide for appropriate care of residents in adult family homes by requiring that each resident have a care plan that
promotes the most appropriate level of physical, mental, and
psychosocial well-being consistent with client choice; and
(5) Accord each resident the right to participate in the
development of the care plan and in other major decisions
involving the resident and their care. [2001 c 319 § 5; 1995
1st sp.s. c 18 § 19; 1989 c 427 § 15.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
(2004 Ed.)
Adult Family Homes
70.128.010
70.128.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Adult family home" means a residential home in
which a person or persons provide personal care, special care,
room, and board to more than one but not more than six
adults who are not related by blood or marriage to the person
or persons providing the services.
(2) "Provider" means any person who is licensed under
this chapter to operate an adult family home. For the purposes
of this section, "person" means any individual, partnership,
corporation, association, or limited liability company.
(3) "Department" means the department of social and
health services.
(4) "Resident" means an adult in need of personal or special care in an adult family home who is not related to the provider.
(5) "Adults" means persons who have attained the age of
eighteen years.
(6) "Home" means an adult family home.
(7) "Imminent danger" means serious physical harm to
or death of a resident has occurred, or there is a serious threat
to resident life, health, or safety.
(8) "Special care" means care beyond personal care as
defined by the department, in rule.
(9) "Capacity" means the maximum number of persons
in need of personal or special care permitted in an adult family home at a given time. This number shall include related
children or adults in the home and who received special care.
(10) "Resident manager" means a person employed or
designated by the provider to manage the adult family home.
[2001 c 319 § 6; 2001 c 319 § 2; 1995 c 260 § 2; 1989 c 427
§ 16.]
Reviser's note: This section was amended by 2001 c 319 § 2 and by
2001 c 319 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
70.128.058
disabled and the elderly. In developing rules and standards
the department shall recognize the residential family-like
nature of adult family homes and not develop rules and standards which by their complexity serve as an overly restrictive
barrier to the development of the adult family homes in the
state. Procedures and forms established by the department
shall be developed so they are easy to understand and comply
with. Paper work requirements shall be minimal. Easy to
understand materials shall be developed for applicants and
providers explaining licensure requirements and procedures.
(2) In developing the rules and standards, the department
shall consult with all divisions and administrations within the
department serving the various populations living in adult
family homes, including the division of developmental disabilities and the aging and adult services administration.
Involvement by the divisions and administration shall be for
the purposes of assisting the department to develop rules and
standards appropriate to the different needs and capacities of
the various populations served by adult family homes. During
the initial stages of development of proposed rules, the
department shall provide notice of development of the rules
to organizations representing adult family homes and their
residents, and other groups that the department finds appropriate. The notice shall state the subject of the rules under
consideration and solicit written recommendations regarding
their form and content.
(3) Except where provided otherwise, chapter 34.05
RCW shall govern all department rule-making and adjudicative activities under this chapter. [1995 c 260 § 3; 1989 c 427
§ 18.]
70.128.050
70.128.050 License—Required as of July 1, 1990.
After July 1, 1990, no person shall operate or maintain an
adult family home in this state without a license under this
chapter. [1989 c 427 § 19.]
70.128.055
70.128.030
70.128.030 Exemptions. The following residential
facilities shall be exempt from the operation of this chapter:
(1) Nursing homes licensed under chapter 18.51 RCW;
(2) Boarding homes licensed under chapter 18.20 RCW;
(3) Facilities approved and certified under chapter
71A.22 RCW;
(4) Residential treatment centers for the mentally ill
licensed under chapter 71.24 RCW;
(5) Hospitals licensed under chapter 70.41 RCW;
(6) Homes for the developmentally disabled licensed
under chapter 74.15 RCW. [1989 c 427 § 17.]
70.128.040
70.128.040 Adoption of rules and standards. (1) The
department shall adopt rules and standards with respect to
adult family homes and the operators thereof to be licensed
under this chapter to carry out the purposes and requirements
of this chapter. The rules and standards relating to applicants
and operators shall address the differences between individual providers and providers that are partnerships, corporations, associations, or companies. The rules and standards
shall also recognize and be appropriate to the different needs
and capacities of the various populations served by adult
family homes such as but not limited to the developmentally
(2004 Ed.)
70.128.055 Operating without a license—Misdemeanor. A person operating or maintaining an adult family
home without a license under this chapter is guilty of a misdemeanor. Each day of a continuing violation after conviction is considered a separate offense. [1991 c 40 § 1.]
70.128.057
70.128.057 Operating without a license—Injunction
or civil penalty. Notwithstanding the existence or use of any
other remedy, the department may, in the manner provided
by law, upon the advice of the attorney general who shall represent the department in the proceedings, maintain an action
in the name of the state for an injunction, civil penalty, or
other process against a person to restrain or prevent the operation or maintenance of an adult family home without a
license under this chapter. [1995 1st sp.s. c 18 § 20; 1991 c
40 § 2.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.058
70.128.058 Operating without a license—Application
of consumer protection act. The legislature finds that the
operation of an adult family home without a license in violation of this chapter is a matter vitally affecting the public
interest for the purpose of applying the consumer protection
[Title 70 RCW—page 369]
70.128.060
Title 70 RCW: Public Health and Safety
act, chapter 19.86 RCW. Operation of an adult family home
without a license in violation of this chapter is not reasonable
in relation to the development and preservation of business.
Such a violation is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of
applying the consumer protection act, chapter 19.86 RCW.
[1995 1st sp.s. c 18 § 21.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.060
70.128.060 License—Generally. (1) An application
for license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires.
(2) Subject to the provisions of this section, the department shall issue a license to an adult family home if the
department finds that the applicant and the home are in compliance with this chapter and the rules adopted under this
chapter, unless (a) the applicant or a person affiliated with the
applicant has prior violations of this chapter relating to the
adult family home subject to the application or any other
adult family home, or of any other law regulating residential
care facilities within the past five years that resulted in revocation, suspension, or nonrenewal of a license or contract
with the department; or (b) the applicant or a person affiliated
with the applicant has a history of significant noncompliance
with federal, state, or local laws, rules, or regulations relating
to the provision of care or services to vulnerable adults or to
children. A person is considered affiliated with an applicant
if the person is listed on the license application as a partner,
officer, director, resident manager, or majority owner of the
applying entity, or is the spouse of the applicant.
(3) The license fee shall be submitted with the application.
(4) The department shall serve upon the applicant a copy
of the decision granting or denying an application for a
license. An applicant shall have the right to contest denial of
his or her application for a license as provided in chapter
34.05 RCW by requesting a hearing in writing within twentyeight days after receipt of the notice of denial.
(5) The department shall not issue a license to a provider
if the department finds that the provider or spouse of the provider or any partner, officer, director, managerial employee,
or majority owner has a history of significant noncompliance
with federal or state regulations, rules, or laws in providing
care or services to vulnerable adults or to children.
(6) The department shall license an adult family home
for the maximum level of care that the adult family home
may provide. The department shall define, in rule, license
levels based upon the education, training, and caregiving
experience of the licensed provider or staff.
(7) The department shall establish, by rule, standards
used to license nonresident providers and multiple facility
operators.
(8) The department shall establish, by rule, for multiple
facility operators educational standards substantially equivalent to recognized national certification standards for residential care administrators.
(9) The license fee shall be set at fifty dollars per year for
each home. A fifty dollar processing fee shall also be
charged each home when the home is initially licensed.
[Title 70 RCW—page 370]
(10) A provider who receives notification of the department's initiation of a denial, suspension, nonrenewal, or revocation of an adult family home license may, in lieu of appealing the department's action, surrender or relinquish the
license. The department shall not issue a new license to or
contract with the provider, for the purposes of providing care
to vulnerable adults or children, for a period of twenty years
following the surrendering or relinquishment of the former
license. The licensing record shall indicate that the provider
relinquished or surrendered the license, without admitting the
violations, after receiving notice of the department's initiation
of a denial, suspension, nonrenewal, or revocation of a
license.
(11) The department shall establish, by rule, the circumstances requiring a change in the licensed provider, which
include, but are not limited to, a change in ownership or control of the adult family home or provider, a change in the provider's form of legal organization, such as from sole proprietorship to partnership or corporation, and a dissolution or
merger of the licensed entity with another legal organization.
The new provider is subject to the provisions of this chapter,
the rules adopted under this chapter, and other applicable
law. In order to ensure that the safety of residents is not compromised by a change in provider, the new provider is
responsible for correction of all violations that may exist at
the time of the new license. [2004 c 140 § 3; 2001 c 193 § 9;
1995 c 260 § 4; 1989 c 427 § 20.]
70.128.064
70.128.064 Priority processing for license applications—Provisional license. In order to prevent disruption to
current residents, at the request of the current licensed provider, the department shall give processing priority to the
application of a person seeking to be licensed as the new provider for the adult family home. The department may issue a
provisional license when a currently licensed adult family
home provider has applied to be licensed as the new provider
for a currently licensed adult family home, the application
has been initially processed, and all that remains to complete
the application process is an on-site inspection. [2001 c 319
§ 10.]
70.128.065
70.128.065 Multiple facility operators—Requirements. A multiple facility operator must successfully demonstrate to the department financial solvency and management experience for the homes under its ownership and the
ability to meet other relevant safety, health, and operating
standards pertaining to the operation of multiple homes,
including ways to mitigate the potential impact of vehicular
traffic related to the operation of the homes. [1996 c 81 § 6.]
Reviser's note: 1996 c 81 directed that this section be added to chapter
18.48 RCW. However, it appears that placement is erroneous and the appropriate placement is in chapter 70.128 RCW.
Effective date—1996 c 81: See note following RCW 70.128.120.
70.128.070
70.128.070 License—Inspections—Correction of violations. (1) A license shall remain valid unless voluntarily
surrendered, suspended, or revoked in accordance with this
chapter.
(2)(a) Homes applying for a license shall be inspected at
the time of licensure.
(2004 Ed.)
Adult Family Homes
(b) Homes licensed by the department shall be inspected
at least every eighteen months, subject to available funds.
However, an adult family home may be allowed to continue
without inspection for two years if the adult family home had
no inspection citations for the past three consecutive inspections and has received no written notice of violations resulting from complaint investigations during that same time
period.
(c) The department may make an unannounced inspection of a licensed home at any time to assure that the home
and provider are in compliance with this chapter and the rules
adopted under this chapter.
(3) If the department finds that the home is not in compliance with this chapter, it shall require the home to correct
any violations as provided in this chapter. [2004 c 143 § 1;
1998 c 272 § 4; 1995 1st sp.s. c 18 § 22; 1989 c 427 § 22.]
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.120
department shall upon request provide consultation and technical assistance to assist the provider in developing effective
corrective measures. The department shall include a statement of the provider's corrective measures in the department's inspection report. [2001 c 319 § 7; 1995 1st sp.s. c 18
§ 24; 1989 c 427 § 30.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.100
70.128.100 Immediate suspension of license when
conditions warrant. The department has the authority to
immediately suspend a license if it finds that conditions there
constitute an imminent danger to residents. [1989 c 427 §
32.]
70.128.105
70.128.105 Injunction if conditions warrant. The
department may commence an action in superior court to
enjoin the operation of an adult family home if it finds that
conditions there constitute an imminent danger to residents.
[1991 c 40 § 3.]
70.128.080
70.128.080 License and inspection report—Availability for review. An adult family home shall have readily
available for review by the department, residents, and the
public:
(1) Its license to operate; and
(2) A copy of each inspection report received by the
home from the department for the past three years. [1995 1st
sp.s. c 18 § 23; 1989 c 427 § 21.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.110
70.128.110 Prohibition against recommending unlicensed home—Report and investigation of unlicensed
home. (1) No public agency contractor or employee shall
place, refer, or recommend placement of a person into an
adult family home that is operating without a license.
(2) Any public agency contractor or employee who
knows that an adult family home is operating without a
license shall report the name and address of the home to the
department. The department shall investigate any report filed
under this section. [1989 c 427 § 23.]
70.128.090
70.128.090 Inspections—Generally. (1) During
inspections of an adult family home, the department shall
have access and authority to examine areas and articles in the
home used to provide care or support to residents, including
residents' records, accounts, and the physical premises,
including the buildings, grounds, and equipment. The personal records of the provider are not subject to department
inspection nor is the separate bedroom of the provider, not
used in direct care of a client, subject to review. The department may inspect all rooms during the initial licensing of the
home. However, during a complaint investigation, the department shall have access to the entire premises and all pertinent
records when necessary to conduct official business. The
department also shall have the authority to interview the provider and residents of an adult family home.
(2) Whenever an inspection is conducted, the department
shall prepare a written report that summarizes all information
obtained during the inspection, and if the home is in violation
of this chapter, serve a copy of the inspection report upon the
provider at the same time as a notice of violation. This notice
shall be mailed to the provider within ten working days of the
completion of the inspection process. If the home is not in
violation of this chapter, a copy of the inspection report shall
be mailed to the provider within ten calendar days of the
inspection of the home. All inspection reports shall be made
available to the public at the department during business
hours.
(3) The provider shall develop corrective measures for
any violations found by the department's inspection. The
(2004 Ed.)
70.128.120
70.128.120 Adult family home provider, resident
manager—Minimum qualifications. Each adult family
home provider and each resident manager shall have the following minimum qualifications:
(1) Twenty-one years of age or older;
(2) For those applying after September 1, 2001, to be
licensed as providers, and for resident managers whose
employment begins after September 1, 2001, a United States
high school diploma or general educational development
(GED) certificate or any English or translated government
documentation of the following:
(a) Successful completion of government-approved public or private school education in a foreign country that
includes an annual average of one thousand hours of instruction over twelve years or no less than twelve thousand hours
of instruction;
(b) A foreign college, foreign university, or United
States community college two-year diploma;
(c) Admission to, or completion of coursework at, a foreign university or college for which credit was granted;
(d) Admission to, or completion of coursework at, a
United States college or university for which credits were
awarded;
(e) Admission to, or completion of postgraduate coursework at, a United States college or university for which credits were awarded; or
(f) Successful passage of the United States board examination for registered nursing, or any professional medical
[Title 70 RCW—page 371]
70.128.122
Title 70 RCW: Public Health and Safety
occupation for which college or university education preparation was required;
(3) Good moral and responsible character and reputation;
(4) Literacy in the English language, however, a person
not literate in the English language may meet the requirements of this subsection by assuring that there is a person on
staff and available who is able to communicate or make provisions for communicating with the resident in his or her primary language and capable of understanding and speaking
English well enough to be able to respond appropriately to
emergency situations and be able to read and understand resident care plans;
(5) Management and administrative ability to carry out
the requirements of this chapter;
(6) Satisfactory completion of department-approved
basic training and continuing education training as specified
by the department in rule, based on recommendations of the
community long-term care training and education steering
committee and working in collaboration with providers, consumers, caregivers, advocates, family members, educators,
and other interested parties in the rule-making process;
(7) Satisfactory completion of department-approved, or
equivalent, special care training before a provider may provide special care services to a resident;
(8) Not been convicted of any crime listed in RCW
43.43.830 and 43.43.842; and
(9) For those applying after September 1, 2001, to be
licensed as providers, and for resident managers whose
employment begins after September 1, 2001, at least three
hundred twenty hours of successful, direct caregiving experience obtained after age eighteen to vulnerable adults in a
licensed or contracted setting prior to operating or managing
an adult family home. [2002 c 223 § 1; 2001 c 319 § 8; 2000
c 121 § 5; 1996 c 81 § 1; 1995 1st sp.s. c 18 § 117; 1995 c 260
§ 5; 1989 c 427 § 24.]
Effective date—2002 c 223 § 1: "Section 1 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [March 28, 2002]." [2002 c 223 § 7.]
Effective date—1996 c 81: "This act shall take effect July 1, 1996."
[1996 c 81 § 7.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.122
70.128.122 Adult family homes licensed by Indian
tribes. The legislature recognizes that adult family homes
located within the boundaries of a federally recognized
Indian reservation may be licensed by the Indian tribe. The
department may pay for care for persons residing in such
homes, if there has been a tribal or state criminal background
check of the provider and any staff, and the client is otherwise
eligible for services administered by the department. [1995
1st sp.s. c 18 § 25.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.125
70.128.125 Resident rights. RCW 70.129.005 through
70.129.030, 70.129.040(1), and 70.129.050 through
70.129.170 apply to this chapter and persons regulated under
this chapter. [1994 c 214 § 24.]
[Title 70 RCW—page 372]
Severability—Conflict with federal requirements—Captions not
law—1994 c 214: See RCW 70.129.900 through 70.129.902.
70.128.130
70.128.130 Adult family homes—Requirements. (1)
Adult family homes shall be maintained internally and externally in good repair and condition. Such homes shall have
safe and functioning systems for heating, cooling, hot and
cold water, electricity, plumbing, garbage disposal, sewage,
cooking, laundry, artificial and natural light, ventilation, and
any other feature of the home.
(2) Adult family homes shall be maintained in a clean
and sanitary manner, including proper sewage disposal, food
handling, and hygiene practices.
(3) Adult family homes shall develop a fire drill plan for
emergency evacuation of residents, shall have smoke detectors in each bedroom where a resident is located, shall have
fire extinguishers on each floor of the home, and shall not
keep nonambulatory patients above the first floor of the
home.
(4) Adult family homes shall have clean, functioning,
and safe household items and furnishings.
(5) Adult family homes shall provide a nutritious and
balanced diet and shall recognize residents' needs for special
diets.
(6) Adult family homes shall establish health care procedures for the care of residents including medication administration and emergency medical care.
(a) Adult family home residents shall be permitted to
self- administer medications.
(b) Adult family home providers may administer medications and deliver special care only to the extent authorized
by law.
(7) Adult family home providers shall either: (a) Reside
at the adult family home; or (b) employ or otherwise contract
with a qualified resident manager to reside at the adult family
home. The department may exempt, for good cause, a provider from the requirements of this subsection by rule.
(8) A provider will ensure that any volunteer, student,
employee, or person residing within the adult family home
who will have unsupervised access to any resident shall not
have been convicted of a crime listed under RCW 43.43.830
or 43.43.842. Except that a person may be conditionally
employed pending the completion of a criminal conviction
background inquiry.
(9) A provider shall offer activities to residents under
care as defined by the department in rule.
(10) An adult family home provider must ensure that
staff are competent and receive necessary training to perform
assigned tasks. Staff must satisfactorily complete department-approved staff orientation, basic training, and continuing education as specified by the department by rule. [2000 c
121 § 6; 1995 c 260 § 6; 1989 c 427 § 26.]
70.128.135
70.128.135 Compliance with chapter 70.24 RCW.
Adult family homes shall comply with the provisions of
chapter 70.24 RCW. [2001 c 319 § 9.]
70.128.140 Compliance with local codes and state
and local fire safety regulations. Each adult family home
shall meet applicable local licensing, zoning, building, and
housing codes, and state and local fire safety regulations as
70.128.140
(2004 Ed.)
Adult Family Homes
they pertain to a single-family residence. It is the responsibility of the home to check with local authorities to ensure all
local codes are met. [1995 1st sp.s. c 18 § 26; 1989 c 427 §
27.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.150
70.128.150 Adult family homes to work with local
quality assurance projects—Interference with representative of ombudsman program—Penalty. Whenever possible adult family homes are encouraged to contact and work
with local quality assurance projects such as the volunteer
ombudsman with the goal of assuring high quality care is provided in the home.
An adult family home may not willfully interfere with a
representative of the long-term care ombudsman program in
the performance of official duties. The department shall
impose a penalty of not more than one thousand dollars for
any such willful interference. [1995 1st sp.s. c 18 § 27; 1989
c 427 § 28.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.160
70.128.160 Department authority to take actions in
response to noncompliance or violations. (1) The department is authorized to take one or more of the actions listed in
subsection (2) of this section in any case in which the department finds that an adult family home provider has:
(a) Failed or refused to comply with the requirements of
this chapter or the rules adopted under this chapter;
(b) Operated an adult family home without a license or
under a revoked license;
(c) Knowingly or with reason to know made a false statement of material fact on his or her application for license or
any data attached thereto, or in any matter under investigation
by the department; or
(d) Willfully prevented or interfered with any inspection
or investigation by the department.
(2) When authorized by subsection (1) of this section, the
department may take one or more of the following actions:
(a) Refuse to issue a license;
(b) Impose reasonable conditions on a license, such as
correction within a specified time, training, and limits on the
type of clients the provider may admit or serve;
(c) Impose civil penalties of not more than one hundred
dollars per day per violation;
(d) Suspend, revoke, or refuse to renew a license; or
(e) Suspend admissions to the adult family home by
imposing stop placement.
(3) When the department orders stop placement, the
facility shall not admit any person until the stop placement
order is terminated. The department may approve readmission of a resident to the facility from a hospital or nursing
home during the stop placement. The department shall terminate the stop placement when: (a) The violations necessitating the stop placement have been corrected; and (b) the provider exhibits the capacity to maintain correction of the violations previously found deficient. However, if upon the
revisit the department finds new violations that the department reasonably believes will result in a new stop placement,
(2004 Ed.)
70.128.163
the previous stop placement shall remain in effect until the
new stop placement is imposed.
(4) After a department finding of a violation for which a
stop placement has been imposed, the department shall make
an on-site revisit of the provider within fifteen working days
from the request for revisit, to ensure correction of the violation. For violations that are serious or recurring or uncorrected following a previous citation, and create actual or
threatened harm to one or more residents' well-being, including violations of residents' rights, the department shall make
an on-site revisit as soon as appropriate to ensure correction
of the violation. Verification of correction of all other violations may be made by either a department on-site revisit or by
written or photographic documentation found by the department to be credible. This subsection does not prevent the
department from enforcing license suspensions or revocations. Nothing in this subsection shall interfere with or diminish the department's authority and duty to ensure that the provider adequately cares for residents, including to make
departmental on-site revisits as needed to ensure that the provider protects residents, and to enforce compliance with this
chapter.
(5) Chapter 34.05 RCW applies to department actions
under this section, except that orders of the department
imposing license suspension, stop placement, or conditions
for continuation of a license are effective immediately upon
notice and shall continue in effect pending any hearing.
[2001 c 193 § 5; 1995 1st sp.s. c 18 § 28; 1989 c 427 § 31.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.163
70.128.163 Temporary management program—Purposes—Voluntary participation—Temporary management duties, duration—Rules. (1) When the department
has summarily suspended a license, the licensee may, subject
to the department's approval, elect to participate in a temporary management program. All provisions of this section
shall apply.
The purposes of a temporary management program are
as follows:
(a) To mitigate dislocation and transfer trauma of residents while the department and licensee may pursue dispute
resolution or appeal of a summary suspension of license;
(b) To facilitate the continuity of safe and appropriate
resident care and services;
(c) To preserve a residential option that meets a specialized service need and/or is in a geographical area that has a
lack of available providers; and
(d) To provide residents with the opportunity for orderly
discharge.
(2) Licensee participation in the temporary management
program is voluntary. The department shall have the discretion to approve any temporary manager and the temporary
management arrangements. The temporary management
shall assume the total responsibility for the daily operations
of the home.
(3) The temporary management shall contract with the
licensee as an independent contractor and is responsible for
ensuring that all minimum licensing requirements are met.
The temporary management shall protect the health, safety,
and well-being of the residents for the duration of the tempo[Title 70 RCW—page 373]
70.128.167
Title 70 RCW: Public Health and Safety
rary management and shall perform all acts reasonably necessary to ensure that residents' needs are met. The licensee is
responsible for all costs related to administering the temporary management program and contracting with the temporary management. The temporary management agreement
shall at a minimum address the following:
(a) Provision of liability insurance to protect residents
and their property;
(b) Preservation of resident trust funds;
(c) The timely payment of past due or current accounts,
operating expenses, including but not limited to staff compensation, and all debt that comes due during the period of
the temporary management;
(d) The responsibilities for addressing all other financial
obligations that would interfere with the ability of the temporary manager to provide adequate care and services to residents; and
(e) The authority of the temporary manager to manage
the home, including the hiring, managing, and firing of
employees for good cause, and to provide adequate care and
services to residents.
(4) The licensee and department shall provide written
notification immediately to all residents, legal representatives, interested family members, and the state long-term care
ombudsman program, of the temporary management and the
reasons for it. This notification shall include notice that residents may move from the home without notifying the licensee in advance, and without incurring any charges, fees, or
costs otherwise available for insufficient advance notice, during the temporary management period.
(5) The temporary management period under this section
concludes twenty-eight days after issuance of the formal notification of enforcement action or conclusion of administrative proceedings, whichever date is later. Nothing in this section precludes the department from revoking its approval of
the temporary management and/or exercising its licensing
enforcement authority under this chapter. The department's
decision whether to approve or to revoke a temporary management arrangement is not subject to the administrative procedure act, chapter 34.05 RCW.
(6) The department is authorized to adopt rules implementing this section. In implementing this section, the
department shall consult with consumers, advocates, the
adult family home advisory committee established under
*chapter 18.48 RCW, and organizations representing adult
family homes. The department may recruit and approve qualified, licensed providers interested in serving as temporary
managers. [2001 c 193 § 6.]
*Reviser's note: Chapter 18.48 RCW was repealed in its entirety by
2002 c 223 § 2.
70.128.167
70.128.167 Disputed violations, enforcement remedies—Informal dispute resolution process. (1) The licensee or its designee has the right to an informal dispute resolution process to dispute any violation found or enforcement
remedy imposed by the department during a licensing inspection or complaint investigation. The purpose of the informal
dispute resolution process is to provide an opportunity for an
exchange of information that may lead to the modification,
deletion, or removal of a violation, or parts of a violation, or
enforcement remedy imposed by the department.
[Title 70 RCW—page 374]
(2) The informal dispute resolution process provided by
the department shall include, but is not necessarily limited to,
an opportunity for review by a department employee who did
not participate in, or oversee, the determination of the violation or enforcement remedy under dispute. The department
shall develop, or further develop, an informal dispute resolution process consistent with this section.
(3) A request for an informal dispute resolution shall be
made to the department within ten working days from the
receipt of a written finding of a violation or enforcement remedy. The request shall identify the violation or violations and
enforcement remedy or remedies being disputed. The department shall convene a meeting, when possible, within ten
working days of receipt of the request for informal dispute
resolution, unless by mutual agreement a later date is agreed
upon.
(4) If the department determines that a violation or
enforcement remedy should not be cited or imposed, the
department shall delete the violation or immediately rescind
or modify the enforcement remedy. Upon request, the department shall issue a clean copy of the revised report, statement
of deficiencies, or notice of enforcement action.
(5) The request for informal dispute resolution does not
delay the effective date of any enforcement remedy imposed
by the department, except that civil monetary fines are not
payable until the exhaustion of any formal hearing and appeal
rights provided under this chapter. The licensee shall submit
to the department, within the time period prescribed by the
department, a plan of correction to address any undisputed
violations, and including any violations that still remain following the informal dispute resolution. [2001 c 193 § 8.]
70.128.170
70.128.170 Homes relying on prayer for healing—
Application of chapter. Nothing in this chapter or the rules
adopted under it may be construed as authorizing the supervision, regulation, or control of the remedial care or treatment
of residents in any adult family home conducted by and for
the adherents of a church or religious denomination who rely
upon spiritual means alone through prayer for healing in
accordance with the tenets and practices of such church or
religious denomination and the bona fide religious beliefs
genuinely held by such adherents. [1989 c 427 § 33.]
70.128.175
70.128.175 Definitions. (1) Unless the context clearly
requires otherwise, these definitions shall apply throughout
this section and RCW 35.63.140, 35A.63.149, 36.70.755,
35.22.680, and 36.32.560:
(a) "Adult family home" means a regular family abode in
which a person or persons provides personal care, special
care, room, and board to more than one but not more than six
adults who are not related by blood or marriage to the person
or persons providing the services.
(b) "Residential care facility" means a facility that cares
for at least five, but not more than fifteen functionally disabled persons, that is not licensed pursuant to chapter 70.128
RCW.
(c) "Department" means the department of social and
health services.
(2) An adult family home shall be considered a residential use of property for zoning and public and private utility
(2004 Ed.)
Adult Family Homes
rate purposes. Adult family homes shall be a permitted use in
all areas zoned for residential or commercial purposes,
including areas zoned for single family dwellings. [1997 c
392 § 401; 1995 1st sp.s. c 18 § 29; 1989 1st ex.s. c 9 § 815.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s c 18: See notes following RCW 74.39A.030.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.128.200
70.128.200 Toll-free telephone number for complaints—Discrimination or retaliation prohibited. (1) The
department shall maintain a toll-free telephone number for
receiving complaints regarding adult family homes.
(2) An adult family home shall post in a place and manner clearly visible to residents and visitors the department's
toll-free complaint telephone number.
(3) No adult family home shall discriminate or retaliate
in any manner against a resident on the basis or for the reason
that such resident or any other person made a complaint to the
department or the long-term care ombudsman or cooperated
with the investigation of such a complaint. [1995 1st sp.s. c
18 § 30.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.210
70.128.210 Training standards review—Delivery
system—Issues reviewed—Report to the legislature. (1)
The department of social and health services shall review, in
coordination with the department of health, the nursing care
quality assurance commission, adult family home providers,
boarding home providers, in-home personal care providers,
and long-term care consumers and advocates, training standards for providers, resident managers, and resident caregiving staff. The departments and the commission shall submit
to the appropriate committees of the house of representatives
and the senate by December 1, 1998, specific recommendations on training standards and the delivery system, including
necessary statutory changes and funding requirements. Any
proposed enhancements shall be consistent with this section,
shall take into account and not duplicate other training
requirements applicable to adult family homes and staff, and
shall be developed with the input of adult family home and
resident representatives, health care professionals, and other
vested interest groups. Training standards and the delivery
system shall be relevant to the needs of residents served by
the adult family home and recipients of long-term in-home
personal care services and shall be sufficient to ensure that
providers, resident managers, and caregiving staff have the
skills and knowledge necessary to provide high quality,
appropriate care.
(2) The recommendations on training standards and the
delivery system developed under subsection (1) of this section shall be based on a review and consideration of the following: Quality of care; availability of training; affordability, including the training costs incurred by the department of
social and health services and private providers; portability of
existing training requirements; competency testing; practical
and clinical course work; methods of delivery of training;
(2004 Ed.)
70.128.225
standards for management; uniform caregiving staff training;
necessary enhancements for special needs populations; and
resident rights training. Residents with special needs include,
but are not limited to, residents with a diagnosis of mental illness, dementia, or developmental disability. Development of
training recommendations for developmental disabilities services shall be coordinated with the study requirements in section 6, chapter 272, Laws of 1998.
(3) The department of social and health services shall
report to the appropriate committees of the house of representatives and the senate by December 1, 1998, on the cost of
implementing the proposed training standards for statefunded residents, and on the extent to which that cost is covered by existing state payment rates. [1998 c 272 § 3.]
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
70.128.220
70.128.220 Elder care—Professionalization of providers. Adult family homes have developed rapidly in
response to the health and social needs of the aging population in community settings, especially as the aging population has increased in proportion to the general population.
The growing demand for elder care with a new focus on
issues affecting senior citizens, including persons with developmental disabilities, mental illness, or dementia, has
prompted a growing professionalization of adult family home
providers to address quality care and quality of life issues
consistent with standards of accountability and regulatory
safeguards for the health and safety of the residents. The
establishment of an advisory committee to the department of
social and health services under RCW 70.128.225 formalizes
a stable process for discussing and considering these issues
among residents and their advocates, regulatory officials, and
adult family home providers. The dialogue among all stakeholders interested in maintaining a healthy option for the
aging population in community settings assures the highest
regard for the well-being of these residents within a benign
and functional regulatory environment. The secretary shall be
advised by an advisory committee on adult family homes
established under RCW 70.128.225. [2002 c 223 § 3; 1998 c
272 § 9.]
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
70.128.225
70.128.225 Advisory committee. (1) In an effort to
ensure a cooperative process among the department, adult
family home provider representatives, and resident and family representatives on matters pertaining to the adult family
home program, the secretary, or his or her designee, shall
designate an advisory committee. The advisory committee
must include: Representatives from the industry including
four adult family home providers, at least two of whom are
affiliated with recognized adult family home associations;
one representative from the state long-term care ombudsman
program; one representative from the statewide resident
council program; and two representatives of families and
other consumers. The secretary shall appoint a chairperson
for the committee from the committee membership for a term
of one year. In appointing the chairperson, the secretary shall
consult with members of the committee. Depending on the
topic to be discussed, the department may invite other repre[Title 70 RCW—page 375]
70.128.230
Title 70 RCW: Public Health and Safety
sentatives in addition to the named members of the advisory
committee. The secretary, or his or her designee, shall periodically, but not less than quarterly, convene a meeting of the
advisory committee to encourage open dialogue on matters
affecting the adult family home program. It is, minimally,
expected that the department will discuss with the advisory
committee the department's inspection, enforcement, and
quality improvement activities, in addition to seeking their
comments and recommendations on matters described under
subsection (2) of this section.
(2) The secretary, or his or her designee, shall seek comments and recommendations from the advisory committee
prior to the adoption of rules and standards, implementation
of adult family home provider programs, or development of
methods and rates of payment.
(3) Establishment of the advisory committee shall not
prohibit the department of social and health services from utilizing other advisory activities that the department of social
and health services deems necessary for program development.
(4) Members of the advisory committee shall be reimbursed for travel expenses as provided in RCW 43.03.050
and 43.03.060 from license fees collected under chapter
70.128 RCW. [2002 c 223 § 4.]
70.128.230
70.128.230 Long-term caregiver training. (1) The
definitions in this subsection apply throughout this section
unless the context clearly requires otherwise.
(a) "Caregiver" includes all adult family home resident
managers and any person who provides residents with handson personal care on behalf of an adult family home, except
volunteers who are directly supervised.
(b) "Indirect supervision" means oversight by a person
who has demonstrated competency in the core areas or has
been fully exempted from the training requirements pursuant
to this section and is quickly and easily available to the caregiver, but not necessarily on-site.
(2) Training must have three components: Orientation,
basic training, and continuing education. All adult family
home providers, resident managers, and employees, or volunteers who routinely interact with residents shall complete orientation. Caregivers shall complete orientation, basic training, and continuing education.
(3) Orientation consists of introductory information on
residents' rights, communication skills, fire and life safety,
and universal precautions. Orientation must be provided at
the facility by appropriate adult family home staff to all adult
family home employees before the employees have routine
interaction with residents.
(4) Basic training consists of modules on the core knowledge and skills that caregivers need to learn and understand to
effectively and safely provide care to residents. Basic training
must be outcome-based, and the effectiveness of the basic
training must be measured by demonstrated competency in
the core areas through the use of a competency test. Basic
training must be completed by caregivers within one hundred
twenty days of the date on which they begin to provide
hands-on care or within one hundred twenty days of September 1, 2002, whichever is later. Until competency in the core
areas has been demonstrated, caregivers shall not provide
[Title 70 RCW—page 376]
hands-on personal care to residents without indirect supervision.
(5) For adult family homes that serve residents with special needs such as dementia, developmental disabilities, or
mental illness, specialty training is required of providers and
resident managers. Specialty training consists of modules on
the core knowledge and skills that providers and resident
managers need to effectively and safely provide care to residents with special needs. Specialty training should be integrated into basic training wherever appropriate. Specialty
training must be outcome-based, and the effectiveness of the
specialty training measured by demonstrated competency in
the core specialty areas through the use of a competency test.
Specialty training must be completed by providers and resident managers before admitting and serving residents who
have been determined to have special needs related to mental
illness, dementia, or a developmental disability. Should a resident develop special needs while living in a home without
specialty designation, the provider and resident manager
have one hundred twenty days to complete specialty training.
(6) Continuing education consists of ongoing delivery of
information to caregivers on various topics relevant to the
care setting and care needs of residents. Competency testing
is not required for continuing education. Continuing education is not required in the same calendar year in which basic
or modified basic training is successfully completed. Continuing education is required in each calendar year thereafter.
If specialty training is completed, the specialty training
applies toward any continuing education requirement for up
to two years following the completion of the specialty training.
(7) Persons who successfully challenge the competency
test for basic training are fully exempt from the basic training
requirements of this section. Persons who successfully challenge the specialty training competency test are fully exempt
from the specialty training requirements of this section.
(8) Licensed persons who perform the tasks for which
they are licensed are fully or partially exempt from the training requirements of this section, as specified by the department in rule.
(9) In an effort to improve access to training and education and reduce costs, especially for rural communities, the
coordinated system of long-term care training and education
must include the use of innovative types of learning strategies
such as internet resources, videotapes, and distance learning
using satellite technology coordinated through community
colleges, private associations, or other entities, as defined by
the department.
(10) Adult family homes that desire to deliver facilitybased training with facility designated trainers, or adult family homes that desire to pool their resources to create shared
training systems, must be encouraged by the department in
their efforts. The department shall develop criteria for
reviewing and approving trainers and training materials. The
department may approve a curriculum based upon attestation
by an adult family home administrator that the adult family
home's training curriculum addresses basic and specialty
training competencies identified by the department, and shall
review a curriculum to verify that it meets these requirements. The department may conduct the review as part of the
next regularly scheduled inspection authorized under RCW
(2004 Ed.)
Long-Term Care Resident Rights
70.128.070. The department shall rescind approval of any
curriculum if it determines that the curriculum does not meet
these requirements.
(11) The department shall adopt rules by September 1,
2002, for the implementation of this section.
(12) The orientation, basic training, specialty training,
and continuing education requirements of this section commence September 1, 2002, and shall be applied to (a) employees hired subsequent to September 1, 2002; or (b) existing
employees that on September 1, 2002, have not successfully
completed the training requirements under RCW 70.128.120
or 70.128.130 and this section. Existing employees who have
not successfully completed the training requirements under
RCW 70.128.120 or 70.128.130 shall be subject to all applicable requirements of this section. However, until September
1, 2002, nothing in this section affects the current training
requirements under RCW 70.128.120 and 70.128.130. [2002
c 233 § 3; 2000 c 121 § 3.]
Effective date—2002 c 233: See note following RCW 18.20.270.
7 0. 1 2 8 . 24 0 Ap pro v a l sy s t e m— De pa r t m e nt approved training—Adoption of rules. By March 1, 2002,
the department must, by rule, create an approval system for
those seeking to conduct department-approved training under
RCW 70.128.230, *70.128.120 (5) and (6), and
70.128.130(10). The department shall adopt rules based on
recommendations of the community long-term care training
and education steering committee established in RCW
74.39A.190. [2000 c 121 § 7.]
70.128.240
*Reviser's note: RCW 70.128.120 was amended by 2001 c 319 § 8,
changing subsections (5) and (6) to subsections (6) and (7).
70.128.900 Severability—1989 c 427.
74.39.900.
70.128.900
See RCW
70.129.010
state's long-term care services system. It is the intent of the
legislature that individuals who reside in long-term care facilities receive appropriate services, be treated with courtesy,
and continue to enjoy their basic civil and legal rights.
It is also the intent of the legislature that long-term care
facility residents have the opportunity to exercise reasonable
control over life decisions. The legislature finds that choice,
participation, privacy, and the opportunity to engage in religious, political, civic, recreational, and other social activities
foster a sense of self-worth and enhance the quality of life for
long-term care residents.
The legislature finds that the public interest would be
best served by providing the same basic resident rights in all
long-term care settings. Residents in nursing facilities are
guaranteed certain rights by federal law and regulation, 42
U.S.C. 1396r and 42 C.F.R. part 483. It is the intent of the
legislature to extend those basic rights to residents in veterans' homes, boarding homes, and adult family homes.
The legislature intends that a facility should care for its
residents in a manner and in an environment that promotes
maintenance or enhancement of each resident's quality of
life. A resident should have a safe, clean, comfortable, and
homelike environment, allowing the resident to use his or her
personal belongings to the extent possible. [1994 c 214 § 1.]
Zoning—1994 c 214: "Nothing in this act shall affect the classifying of
an adult family home for the purposes of zoning." [1994 c 214 § 30.]
70.129.007 Rights are minimal—Other rights not
diminished. The rights set forth in this chapter are the minimal rights guaranteed to all residents of long-term care facilities, and are not intended to diminish rights set forth in other
state or federal laws that may contain additional rights. [1994
c 214 § 20.]
70.129.007
70.129.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of state government responsible for licensing the provider in question.
(2) "Facility" means a long-term care facility.
(3) "Long-term care facility" means a facility that is
licensed or required to be licensed under chapter 18.20,
72.36, or 70.128 RCW.
(4) "Resident" means the individual receiving services in
a long-term care facility, that resident's attorney in fact,
guardian, or other legal representative acting within the scope
of their authority.
(5) "Physical restraint" means a manual method, obstacle, or physical or mechanical device, material, or equipment
attached or adjacent to the resident's body that restricts freedom of movement or access to his or her body, is used for discipline or convenience, and not required to treat the resident's
medical symptoms.
(6) "Chemical restraint" means a psychopharmacologic
drug that is used for discipline or convenience and not
required to treat the resident's medical symptoms.
(7) "Representative" means a person appointed under
RCW 7.70.065.
(8) "Reasonable accommodation" by a facility to the
needs of a prospective or current resident has the meaning
given to this term under the federal Americans with disabili70.129.010
Chapter 70.129 RCW
LONG-TERM CARE RESIDENT RIGHTS
Chapter 70.129
Sections
70.129.005
70.129.007
70.129.010
70.129.020
70.129.030
70.129.040
70.129.050
70.129.060
70.129.070
70.129.080
70.129.090
70.129.100
70.129.105
70.129.110
70.129.120
70.129.130
70.129.140
70.129.150
70.129.160
70.129.170
70.129.900
70.129.901
70.129.902
Intent—Basic rights.
Rights are minimal—Other rights not diminished.
Definitions.
Exercise of rights.
Notice of rights and services—Admission of individuals.
Protection of resident's funds—Financial affairs rights.
Privacy and confidentiality of personal and medical records.
Grievances.
Examination of survey or inspection results—Contact with client advocates.
Mail and telephone—Privacy in communications.
Advocacy, access, and visitation rights.
Personal property—Storage space.
Waiver of liability and resident rights limited.
Disclosure, transfer, and discharge requirements.
Restraints—Physical or chemical.
Abuse, punishment, seclusion—Background checks.
Quality of life—Rights.
Disclosure of fees and notice requirements—Deposits.
Ombudsman implementation duties.
Nonjudicial remedies through regulatory authorities encouraged—Remedies cumulative.
Severability—1994 c 214.
Conflict with federal requirements—1994 c 214.
Captions not law.
70.129.005 Intent—Basic rights. The legislature recognizes that long-term care facilities are a critical part of the
70.129.005
(2004 Ed.)
[Title 70 RCW—page 377]
70.129.020
Title 70 RCW: Public Health and Safety
ties act of 1990, 42 U.S.C. Sec. 12101 et seq. and other applicable federal or state antidiscrimination laws and regulations.
[1997 c 392 § 203; 1994 c 214 § 2.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
70.129.020
70.129.020 Exercise of rights. The resident has a right
to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the
rights of each resident and assist the resident which include:
(1) The resident has the right to exercise his or her rights
as a resident of the facility and as a citizen or resident of the
United States and the state of Washington.
(2) The resident has the right to be free of interference,
coercion, discrimination, and reprisal from the facility in
exercising his or her rights.
(3) In the case of a resident adjudged incompetent by a
court of competent jurisdiction, the rights of the resident are
exercised by the person appointed to act on the resident's
behalf.
(4) In the case of a resident who has not been adjudged
incompetent by a court of competent jurisdiction, a representative may exercise the resident's rights to the extent provided
by law. [1994 c 214 § 3.]
70.129.030
70.129.030 Notice of rights and services—Admission
of individuals. (1) The facility must inform the resident both
orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in
the facility. The notification must be made prior to or upon
admission. Receipt of the information must be acknowledged
in writing.
(2) The resident or his or her legal representative has the
right:
(a) Upon an oral or written request, to access all records
pertaining to himself or herself including clinical records
within twenty-four hours; and
(b) After receipt of his or her records for inspection, to
purchase at a cost not to exceed the community standard photocopies of the records or portions of them upon request and
two working days' advance notice to the facility.
(3) The facility shall only admit or retain individuals
whose needs it can safely and appropriately serve in the facility with appropriate available staff and through the provision
of reasonable accommodations required by state or federal
law. Except in cases of genuine emergency, the facility shall
not admit an individual before obtaining a thorough assessment of the resident's needs and preferences. The assessment
shall contain, unless unavailable despite the best efforts of the
facility, the resident applicant, and other interested parties,
the following minimum information: Recent medical history; necessary and contraindicated medications; a licensed
medical or other health professional's diagnosis, unless the
individual objects for religious reasons; significant known
behaviors or symptoms that may cause concern or require
special care; mental illness, except where protected by confidentiality laws; level of personal care needs; activities and
service preferences; and preferences regarding other issues
[Title 70 RCW—page 378]
important to the resident applicant, such as food and daily
routine.
(4) The facility must inform each resident in writing in a
language the resident or his or her representative understands
before admission, and at least once every twenty-four months
thereafter of: (a) Services, items, and activities customarily
available in the facility or arranged for by the facility as permitted by the facility's license; (b) charges for those services,
items, and activities including charges for services, items,
and activities not covered by the facility's per diem rate or
applicable public benefit programs; and (c) the rules of facility operations required under RCW 70.129.140(2). Each resident and his or her representative must be informed in writing in advance of changes in the availability or the charges
for services, items, or activities, or of changes in the facility's
rules. Except in emergencies, thirty days' advance notice
must be given prior to the change. However, for facilities
licensed for six or fewer residents, if there has been a substantial and continuing change in the resident's condition necessitating substantially greater or lesser services, items, or activities, then the charges for those services, items, or activities
may be changed upon fourteen days' advance written notice.
(5) The facility must furnish a written description of residents rights that includes:
(a) A description of the manner of protecting personal
funds, under RCW 70.129.040;
(b) A posting of names, addresses, and telephone numbers of the state survey and certification agency, the state
licensure office, the state ombudsmen program, and the protection and advocacy systems; and
(c) A statement that the resident may file a complaint
with the appropriate state licensing agency concerning
alleged resident abuse, neglect, and misappropriation of resident property in the facility.
(6) Notification of changes.
(a) A facility must immediately consult with the resident's physician, and if known, make reasonable efforts to
notify the resident's legal representative or an interested family member when there is:
(i) An accident involving the resident which requires or
has the potential for requiring physician intervention;
(ii) A significant change in the resident's physical, mental, or psychosocial status (i.e., a deterioration in health, mental, or psychosocial status in either life-threatening conditions
or clinical complications).
(b) The facility must promptly notify the resident or the
resident's representative shall make reasonable efforts to
notify an interested family member, if known, when there is:
(i) A change in room or roommate assignment; or
(ii) A decision to transfer or discharge the resident from
the facility.
(c) The facility must record and update the address and
phone number of the resident's representative or interested
family member, upon receipt of notice from them. [1998 c
272 § 5; 1997 c 386 § 31; 1994 c 214 § 4.]
Effective date—1998 c 272 § 5: "Section 5 of this act takes effect July
1, 1998." [1998 c 272 § 23.]
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
(2004 Ed.)
Long-Term Care Resident Rights
70.129.040
70.129.040 Protection of resident's funds—Financial
affairs rights. (1) The resident has the right to manage his or
her financial affairs, and the facility may not require residents
to deposit their personal funds with the facility.
(2) Upon written authorization of a resident, if the facility agrees to manage the resident's personal funds, the facility
must hold, safeguard, manage, and account for the personal
funds of the resident deposited with the facility as specified in
this section.
(a) The facility must deposit a resident's personal funds
in excess of one hundred dollars in an interest-bearing
account or accounts that is separate from any of the facility's
operating accounts, and that credits all interest earned on residents' funds to that account. In pooled accounts, there must
be a separate accounting for each resident's share.
(b) The facility must maintain a resident's personal funds
that do not exceed one hundred dollars in a noninterest-bearing account, interest-bearing account, or petty cash fund.
(3) The facility must establish and maintain a system that
assures a full and complete and separate accounting of each
resident's personal funds entrusted to the facility on the resident's behalf.
(a) The system must preclude any commingling of resident funds with facility funds or with the funds of any person
other than another resident.
(b) The individual financial record must be available on
request to the resident or his or her legal representative.
(4) Upon the death of a resident with a personal fund
deposited with the facility the facility must convey within
forty-five days the resident's funds, and a final accounting of
those funds, to the individual or probate jurisdiction administering the resident's estate; but in the case of a resident who
received long-term care services paid for by the state, the
funds and accounting shall be sent to the state of Washington,
department of social and health services, office of financial
recovery. The department shall establish a release procedure
for use for burial expenses. [1995 1st sp.s. c 18 § 66; 1994 c
214 § 5.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.129.050
70.129.050 Privacy and confidentiality of personal
and medical records. The resident has the right to personal
privacy and confidentiality of his or her personal and clinical
records.
(1) Personal privacy includes accommodations, medical
treatment, written and telephone communications, personal
care, visits, and meetings of family and resident groups. This
does not require the facility to provide a private room for
each resident however, a resident cannot be prohibited by the
facility from meeting with guests in his or her bedroom if no
roommates object.
(2) The resident may approve or refuse the release of personal and clinical records to an individual outside the facility
unless otherwise provided by law. [1994 c 214 § 6.]
70.129.060
70.129.060 Grievances. A resident has the right to:
(1) Voice grievances. Such grievances include those
with respect to treatment that has been furnished as well as
that which has not been furnished; and
(2004 Ed.)
70.129.090
(2) Prompt efforts by the facility to resolve grievances
the resident may have, including those with respect to the
behavior of other residents. [1994 c 214 § 7.]
70.129.070
70.129.070 Examination of survey or inspection
results—Contact with client advocates. A resident has the
right to:
(1) Examine the results of the most recent survey or
inspection of the facility conducted by federal or state surveyors or inspectors and plans of correction in effect with
respect to the facility. A notice that the results are available
must be publicly posted with the facility's state license, and
the results must be made available for examination by the
facility in a place readily accessible to residents; and
(2) Receive information from agencies acting as client
advocates, and be afforded the opportunity to contact these
agencies. [1994 c 214 § 8.]
70.129.080
70.129.080 Mail and telephone—Privacy in communications. The resident has the right to privacy in communications, including the right to:
(1) Send and promptly receive mail that is unopened;
(2) Have access to stationery, postage, and writing
implements at the resident's own expense; and
(3) Have reasonable access to the use of a telephone
where calls can be made without being overheard. [1994 c
214 § 9.]
70.129.090
70.129.090 Advocacy, access, and visitation rights.
(1) The resident has the right and the facility must not interfere with access to any resident by the following:
(a) Any representative of the state;
(b) The resident's individual physician;
(c) The state long-term care ombudsman as established
under chapter 43.190 RCW;
(d) The agency responsible for the protection and advocacy system for developmentally disabled individuals as
established under part C of the developmental disabilities
assistance and bill of rights act;
(e) The agency responsible for the protection and advocacy system for mentally ill individuals as established under
the protection and advocacy for mentally ill individuals act;
(f) Subject to reasonable restrictions to protect the rights
of others and to the resident's right to deny or withdraw consent at any time, immediate family or other relatives of the
resident and others who are visiting with the consent of the
resident;
(g) The agency responsible for the protection and advocacy system for individuals with disabilities as established
under section 509 of the rehabilitation act of 1973, as
amended, who are not served under the mandates of existing
protection and advocacy systems created under federal law.
(2) The facility must provide reasonable access to a resident by his or her representative or an entity or individual that
provides health, social, legal, or other services to the resident,
subject to the resident's right to deny or withdraw consent at
any time.
(3) The facility must allow representatives of the state
ombudsman to examine a resident's clinical records with the
permission of the resident or the resident's legal representa[Title 70 RCW—page 379]
70.129.100
Title 70 RCW: Public Health and Safety
tive, and consistent with state and federal law. [1994 c 214 §
10.]
70.129.100 Personal property—Storage space. (1)
The resident has the right to retain and use personal possessions, including some furnishings, and appropriate clothing,
as space permits, unless to do so would infringe upon the
rights or health and safety of other residents.
(2) The facility shall, upon request, provide the resident
with a lockable container or other lockable storage space for
small items of personal property, unless the resident's individual room is lockable with a key issued to the resident.
[1994 c 214 § 11.]
70.129.100
70.129.105 Waiver of liability and resident rights
limited. No long-term care facility or nursing facility
licensed under chapter 18.51 RCW shall require or request
residents to sign waivers of potential liability for losses of
personal property or injury, or to sign waivers of residents'
rights set forth in this chapter or in the applicable licensing or
certification laws. [1997 c 392 § 211; 1994 c 214 § 17.]
70.129.105
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
70.129.110 Disclosure, transfer, and discharge
requirements. (1) The facility must permit each resident to
remain in the facility, and not transfer or discharge the resident from the facility unless:
(a) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the
facility;
(b) The safety of individuals in the facility is endangered;
(c) The health of individuals in the facility would otherwise be endangered;
(d) The resident has failed to make the required payment
for his or her stay; or
(e) The facility ceases to operate.
(2) All long-term care facilities shall fully disclose to
potential residents or their legal representative the service
capabilities of the facility prior to admission to the facility. If
the care needs of the applicant who is medicaid eligible are in
excess of the facility's service capabilities, the department
shall identify other care settings or residential care options
consistent with federal law.
(3) Before a long-term care facility transfers or discharges a resident, the facility must:
(a) First attempt through reasonable accommodations to
avoid the transfer or discharge, unless agreed to by the resident;
(b) Notify the resident and representative and make a
reasonable effort to notify, if known, an interested family
member of the transfer or discharge and the reasons for the
move in writing and in a language and manner they understand;
(c) Record the reasons in the resident's record; and
(d) Include in the notice the items described in subsection (5) of this section.
(4)(a) Except when specified in this subsection, the
notice of transfer or discharge required under subsection (3)
70.129.110
[Title 70 RCW—page 380]
of this section must be made by the facility at least thirty days
before the resident is transferred or discharged.
(b) Notice may be made as soon as practicable before
transfer or discharge when:
(i) The safety of individuals in the facility would be
endangered;
(ii) The health of individuals in the facility would be
endangered;
(iii) An immediate transfer or discharge is required by
the resident's urgent medical needs; or
(iv) A resident has not resided in the facility for thirty
days.
(5) The written notice specified in subsection (3) of this
section must include the following:
(a) The reason for transfer or discharge;
(b) The effective date of transfer or discharge;
(c) The location to which the resident is transferred or
discharged;
(d) The name, address, and telephone number of the state
long-term care ombudsman;
(e) For residents with developmental disabilities, the
mailing address and telephone number of the agency responsible for the protection and advocacy of developmentally disabled individuals established under part C of the developmental disabilities assistance and bill of rights act; and
(f) For residents who are mentally ill, the mailing address
and telephone number of the agency responsible for the protection and advocacy of mentally ill individuals established
under the protection and advocacy for mentally ill individuals
act.
(6) A facility must provide sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility.
(7) A resident discharged in violation of this section has
the right to be readmitted immediately upon the first availability of a gender-appropriate bed in the facility. [1997 c
392 § 205; 1994 c 214 § 12.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
70.129.120
70.129.120 Restraints—Physical or chemical. The
resident has the right to be free from physical restraint or
chemical restraint. This section does not require or prohibit
facility staff from reviewing the judgment of the resident's
physician in prescribing psychopharmacologic medications.
[1994 c 214 § 13.]
70.129.130
70.129.130 Abuse, punishment, seclusion—Background checks. The resident has the right to be free from
verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion.
(1) The facility must not use verbal, mental, sexual, or
physical abuse, including corporal punishment or involuntary
seclusion.
(2) Subject to available resources, the department of
social and health services shall provide background checks
required by RCW 43.43.842 for employees of facilities
licensed under chapter 18.20 RCW without charge to the
facility. [1994 c 214 § 14.]
(2004 Ed.)
Long-Term Care Resident Rights
70.129.140 Quality of life—Rights. (1) The facility
must promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity
and respect in full recognition of his or her individuality.
(2) Within reasonable facility rules designed to protect
the rights and quality of life of residents, the resident has the
right to:
(a) Choose activities, schedules, and health care consistent with his or her interests, assessments, and plans of care;
(b) Interact with members of the community both inside
and outside the facility;
(c) Make choices about aspects of his or her life in the
facility that are significant to the resident;
(d) Wear his or her own clothing and determine his or her
own dress, hair style, or other personal effects according to
individual preference;
(e) Unless adjudged incompetent or otherwise found to
be legally incapacitated, participate in planning care and
treatment or changes in care and treatment;
(f) Unless adjudged incompetent or otherwise found to
be legally incapacitated, to direct his or her own service plan
and changes in the service plan, and to refuse any particular
service so long as such refusal is documented in the record of
the resident.
(3)(a) A resident has the right to organize and participate
in resident groups in the facility.
(b) A resident's family has the right to meet in the facility
with the families of other residents in the facility.
(c) The facility must provide a resident or family group,
if one exists, with meeting space.
(d) Staff or visitors may attend meetings at the group's
invitation.
(e) When a resident or family group exists, the facility
must listen to the views and act upon the grievances and recommendations of residents and families concerning proposed
policy and operational decisions affecting resident care and
life in the facility.
(f) The resident has the right to refuse to perform services for the facility except as voluntarily agreed by the resident and the facility in the resident's service plan.
(4) A resident has the right to participate in social, religious, and community activities that do not interfere with the
rights of other residents in the facility.
(5) A resident has the right to:
(a) Reside and receive services in the facility with reasonable accommodation of individual needs and preferences,
except when the health or safety of the individual or other
residents would be endangered; and
(b) Receive notice before the resident's room or roommate in the facility is changed.
(6) A resident has the right to share a double room with
his or her spouse when married residents live in the same
facility and both spouses consent to the arrangement. [1994
c 214 § 15.]
70.129.140
70.129.150 Disclosure of fees and notice requirements—Deposits. (1) Prior to admission, all long-term care
facilities or nursing facilities licensed under chapter 18.51
RCW that require payment of an admissions fee, deposit, or a
minimum stay fee, by or on behalf of a person seeking admission to the long-term care facility or nursing facility, shall
70.129.150
(2004 Ed.)
70.129.170
provide the resident, or his or her representative, full disclosure in writing in a language the resident or his or her representative understands, a statement of the amount of any
admissions fees, deposits, prepaid charges, or minimum stay
fees. The facility shall also disclose to the person, or his or
her representative, the facility's advance notice or transfer
requirements, prior to admission. In addition, the long-term
care facility or nursing facility shall also fully disclose in
writing prior to admission what portion of the deposits,
admissions fees, prepaid charges, or minimum stay fees will
be refunded to the resident or his or her representative if the
resident leaves the long-term care facility or nursing facility.
Receipt of the disclosures required under this subsection
must be acknowledged in writing. If the facility does not provide these disclosures, the deposits, admissions fees, prepaid
charges, or minimum stay fees may not be kept by the facility. If a resident dies or is hospitalized or is transferred to
another facility for more appropriate care and does not return
to the original facility, the facility shall refund any deposit or
charges already paid less the facility's per diem rate for the
days the resident actually resided or reserved or retained a
bed in the facility notwithstanding any minimum stay policy
or discharge notice requirements, except that the facility may
retain an additional amount to cover its reasonable, actual
expenses incurred as a result of a private-pay resident's move,
not to exceed five days' per diem charges, unless the resident
has given advance notice in compliance with the admission
agreement. All long-term care facilities or nursing facilities
covered under this section are required to refund any and all
refunds due the resident or his or her representative within
thirty days from the resident's date of discharge from the
facility. Nothing in this section applies to provisions in contracts negotiated between a nursing facility or long-term care
facility and a certified health plan, health or disability insurer,
health maintenance organization, managed care organization,
or similar entities.
(2) Where a long-term care facility or nursing facility
requires the execution of an admission contract by or on
behalf of an individual seeking admission to the facility, the
terms of the contract shall be consistent with the requirements of this section, and the terms of an admission contract
by a long-term care facility shall be consistent with the
requirements of this chapter. [1997 c 392 § 206; 1994 c 214
§ 16.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
70.129.160
70.129.160 Ombudsman implementation duties. The
long-term care ombudsman shall monitor implementation of
this chapter and determine the degree to which veterans'
homes, nursing facilities, adult family homes, and boarding
homes ensure that residents are able to exercise their rights.
The long-term care ombudsman shall consult with the departments of health and social and health services, long-term care
facility organizations, resident groups, and senior and disabled citizen organizations. [1998 c 245 § 113; 1994 c 214 §
18.]
70.129.170
70.129.170 Nonjudicial remedies through regulatory
authorities encouraged—Remedies cumulative. The leg[Title 70 RCW—page 381]
70.129.900
Title 70 RCW: Public Health and Safety
islature intends that long-term care facility or nursing home
residents, their family members or guardians, the long-term
care ombudsman, protection and advocacy personnel identified in *RCW 70.129.110(4) (e) and (f), and others who may
seek to assist long-term care facility or nursing home residents, use the least formal means available to satisfactorily
resolve disputes that may arise regarding the rights conferred
by the provisions of chapter 70.129 RCW and RCW
18.20.180, 18.51.009, 72.36.037, and 70.128.125. Wherever
feasible, direct discussion with facility personnel or administrators should be employed. Failing that, and where feasible,
recourse may be sought through state or federal long-term
care or nursing home licensing or other regulatory authorities. However, the procedures suggested in this section are
cumulative and shall not restrict an agency or person from
seeking a remedy provided by law or from obtaining additional relief based on the same facts, including any remedy
available to an individual at common law. Chapter 214, Laws
of 1994 is not intended to, and shall not be construed to, create any right of action on the part of any individual beyond
those in existence under any common law or statutory doctrine. Chapter 214, Laws of 1994 is not intended to, and shall
not be construed to, operate in derogation of any right of
action on the part of any individual in existence on June 9,
1994. [1994 c 214 § 19.]
*Reviser's note: RCW 70.129.110 was amended by 1997 c 392 § 205,
changing subsection (4) to subsection (5).
70.129.900
70.129.900 Severability—1994 c 214. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1994 c 214 § 26.]
70.132.010
70.132.010 Legislative findings. The legislature finds
that beverage containers designed to be opened through the
use of detachable metal rings or tabs are hazardous to the
health and welfare of the citizens of this state and detrimental
to certain wildlife. The detachable parts are susceptible to
ingestion by human beings and wildlife. The legislature
intends to eliminate the danger posed by these unnecessary
containers by prohibiting their retail sale in this state. [1982
c 113 § 1.]
70.132.020
70.132.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Beverage" means beer or other malt beverage or
mineral water, soda water, or other drink in liquid form and
intended for human consumption. The term does not include
milk-based, soy-based, or similar products requiring heat and
pressure in the canning process.
(2) "Beverage container" means a separate and sealed
can containing a beverage.
(3) "Department" means the department of ecology created under chapter 43.21A RCW. [1983 c 257 § 1; 1982 c
113 § 2.]
70.132.030
70.132.030 Sale of containers with detachable metal
rings or tabs prohibited. No person may sell or offer to sell
at retail in this state any beverage container so designed and
constructed that a metal part of the container is detachable in
opening the container through use of a metal ring or tab.
Nothing in this section prohibits the sale of a beverage container which container's only detachable part is a piece of
pressure sensitive or metallic tape. [1982 c 113 § 3.]
70.129.901
70.129.901 Conflict with federal requirements—
1994 c 214. If any part of this act is found to be in conflict
with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part
of this act is inoperative solely to the extent of the conflict
and with respect to the agencies directly affected, and this
finding does not affect the operation of the remainder of this
act in its application to the agencies concerned. The rules
under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
[1994 c 214 § 27.]
70.129.902
70.129.902 Captions not law. Captions as used in this
act constitute no part of the law. [1994 c 214 § 28.]
Chapter 70.132
Chapter 70.132 RCW
BEVERAGE CONTAINERS
Sections
70.132.010
70.132.020
70.132.030
70.132.040
70.132.050
70.132.900
Legislative findings.
Definitions.
Sale of containers with detachable metal rings or tabs prohibited.
Enforcement—Rules.
Penalty.
Effective date—Implementation—1982 c 113.
[Title 70 RCW—page 382]
70.132.040
70.132.040 Enforcement—Rules. The department
shall administer and enforce this chapter. The department
shall adopt rules interpreting and implementing this chapter.
Any rule adopted under this section shall be adopted under
the administrative procedure act, chapter 34.05 RCW. [1982
c 113 § 4.]
70.132.050
70.132.050 Penalty. Except as provided in RCW
43.05.060 through 43.05.080 and 43.05.150, any person who
violates any provision of this chapter or any rule adopted
under this chapter is subject to a civil penalty not exceeding
five hundred dollars for each violation. Each day of a continuing violation is a separate violation. [1995 c 403 § 632;
1982 c 113 § 5.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
70.132.900
70.132.900 Effective date—Implementation—1982 c
113. This act shall take effect on July 1, 1983. The director
of the department of ecology is authorized to take such steps
prior to such date as are necessary to ensure that this act is
implemented on its effective date. [1982 c 113 § 7.]
(2004 Ed.)
Hazardous Materials Incidents
Chapter 70.136 RCW
HAZARDOUS MATERIALS INCIDENTS
Chapter 70.136
Sections
70.136.010
70.136.020
70.136.030
70.136.035
70.136.040
70.136.050
70.136.055
70.136.060
70.136.070
Legislative intent.
Definitions.
Incident command agencies—Designation by political subdivisions.
Incident command agencies—Assistance from state patrol.
Incident command agencies—Emergency assistance agreements.
Persons and agencies rendering emergency aid in hazardous
materials incidents—Immunity from liability—Limitations.
Person causing hazardous materials incident—Responsibility
for incident clean-up—Liability.
Written emergency assistance agreements—Terms and conditions—Records.
Verbal emergency assistance agreements—Good Samaritan
law—Notification—Form.
Emergency management: Chapter 38.52 RCW.
Hazardous waste disposal: Chapter 70.105 RCW.
Radioactive and hazardous waste emergency response programs, state coordinator: RCW 38.52.030.
Transport of hazardous materials, state patrol authority over: Chapter
46.48 RCW.
70.136.040
United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another
state.
(5) "Hazardous materials incident" means an incident
creating a danger to persons, property, or the environment as
a result of spillage, seepage, fire, explosion, or release of hazardous materials, or the possibility thereof.
(6) "Governing body" means the elected legislative
council, board, or commission or the chief executive of the
applicable political subdivision of the state with public safety
responsibility.
(7) "Incident command agency" means the predesignated or appointed agency charged with coordinating all
activities and resources at the incident scene.
(8) "Representative" means an agent from the designated
hazardous materials incident command agency with the
authority to secure the services of persons with hazardous
materials expertise or equipment.
(9) "Profit" means compensation for rendering care,
assistance, or advice in excess of expenses actually incurred.
[1987 c 238 § 1; 1982 c 172 § 2.]
70.136.010
70.136.010 Legislative intent. It is the intent of the legislature to promote and encourage advance planning, cooperation, and mutual assistance between applicable political subdivisions of the state and persons with equipment, personnel,
and expertise in the handling of hazardous materials incidents, by establishing limitations on liability for those persons responding in accordance with the provisions of RCW
70.136.020 through 70.136.070. [1982 c 172 § 1.]
Reviser's note: Although 1982 c 172 directed that sections 1 through 7
of that enactment be added to chapter 4.24 RCW, codification of these sections as a new chapter in Title 70 RCW appears more appropriate.
70.136.020
70.136.020 Definitions. The definitions set forth in this
section apply throughout RCW 70.136.010 through
70.136.070.
(1) "Hazardous materials" means:
(a) Materials which, if not contained may cause unacceptable risks to human life within a specified area adjacent
to the spill, seepage, fire, explosion, or other release, and will,
consequently, require evacuation;
(b) Materials that, if spilled, could cause unusual risks to
the general public and to emergency response personnel
responding at the scene;
(c) Materials that, if involved in a fire will pose unusual
risks to emergency response personnel;
(d) Materials requiring unusual storage or transportation
conditions to assure safe containment; or
(e) Materials requiring unusual treatment, packaging, or
vehicles during transportation to assure safe containment.
(2) "Applicable political subdivisions of the state" means
cities, towns, counties, fire districts, and those port authorities with emergency response capabilities.
(3) "Person" means an individual, partnership, corporation, or association.
(4) "Public agency" means any agency, political subdivision, or unit of local government of this state including, but
not limited to, municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the
(2004 Ed.)
70.136.030
70.136.030 Incident command agencies—Designation by political subdivisions. The governing body of each
applicable political subdivision of this state shall designate a
hazardous materials incident command agency within its
respective boundaries, and file this designation with the
director of community, trade, and economic development. In
designating an incident command agency, the political subdivision shall consider the training, manpower, expertise, and
equipment of various available agencies as well as the Uniform Fire Code and other existing codes and regulations.
Along state and interstate highway corridors, the Washington
state patrol shall be the designated incident command agency
unless by mutual agreement that role has been assumed by
another designated incident command agency. If a political
subdivision has not designated an incident command agency
within six months after July 26, 1987, the Washington state
patrol shall then assume the role of incident command agency
by action of the chief until a designation has been made.
[1995 c 399 § 197; 1987 c 238 § 2; 1986 c 266 § 50; 1985 c 7
§ 132; 1984 c 165 § 1; 1982 c 172 § 4.]
Severability—1986 c 266: See note following RCW 38.52.005.
70.136.035
70.136.035 Incident command agencies—Assistance
from state patrol. In political subdivisions where an incident command agency has been designated, the Washington
state patrol shall continue to respond with a supervisor to provide assistance to the incident command agency. [1987 c 238
§ 3.]
70.136.040
70.136.040 Incident command agencies—Emergency
assistance agreements. Hazardous materials incident command agencies, so designated by all applicable political subdivisions of the state, are authorized and encouraged, prior to
a hazardous materials incident, to enter individually or jointly
into written hazardous materials emergency assistance agreements with any person whose knowledge or expertise is
deemed potentially useful. [1982 c 172 § 3.]
[Title 70 RCW—page 383]
70.136.050
Title 70 RCW: Public Health and Safety
70.136.050 Persons and agencies rendering emergency aid in hazardous materials incidents—Immunity
from liability—Limitations. An incident command agency
in the good faith performance of its duties, is not liable for
civil damages resulting from any act or omission in the performance of its duties, other than acts or omissions constituting gross negligence or wilful or wanton misconduct.
Any person or public agency whose assistance has been
requested by an incident command agency, who has entered
into a written hazardous materials assistance agreement
before or at the scene of the incident pursuant to RCW
70.136.060 and 70.136.070, and who, in good faith, renders
emergency care, assistance, or advice with respect to a hazardous materials incident, is not liable for civil damages
resulting from any act or omission in the rendering of such
care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct.
[1987 c 238 § 4; 1984 c 165 § 2; 1982 c 172 § 5.]
70.136.050
70.136.055 Person causing hazardous materials incident—Responsibility for incident clean-up—Liability.
See RCW 4.24.314.
70.136.055
70.136.060 Written emergency assistance agreements—Terms and conditions—Records. Hazardous
materials emergency assistance agreements which are executed prior to a hazardous materials incident shall include the
following terms and conditions:
(1) The person or public agency requested to assist shall
not be obligated to assist;
(2) The person or public agency requested to assist may
act only under the direction of the incident command agency
or its representative;
(3) The person or public agency requested to assist may
withdraw its assistance if it deems the actions or directions of
the incident command agency to be contrary to accepted hazardous materials response practices;
(4) The person or public agency requested to assist shall
not profit from rendering the assistance;
(5) Any person responsible for causing the hazardous
materials incident shall not be covered by the liability standard defined in RCW 70.136.050.
It is the responsibility of both parties to ensure that mutually agreeable procedures are established for identifying the
incident command agency when assistance is requested, for
recording the name of the person or public agency whose
assistance is requested, and the time and date of the request,
which records shall be retained for three years by the incident
command agency. A copy of the official incident command
agency designation shall be a part of the assistance agreement
specified in this section. [1987 c 238 § 5; 1982 c 172 § 6.]
70.136.060
70.136.070 Verbal emergency assistance agreements—Good Samaritan law—Notification—Form. (1)
Verbal hazardous materials emergency assistance agreements may be entered into at the scene of an incident where
execution of a written agreement prior to the incident is not
possible. A notification of the terms of this section shall be
presented at the scene by the incident command agency or its
representative to the person or public agency whose assistance is requested. The incident command agency and the
person or public agency whose assistance is requested shall
both sign the notification which appears in subsection (2) of
this section, indicating the date and time of signature. If a
requesting incident command agency deliberately misrepresents individual or agency status, that agency shall assume
full liability for any damages resulting from the actions of the
person or public agency whose assistance is requested, other
than those damages resulting from gross negligence or wilful
or wanton misconduct.
(2) The notification required by subsection (1) of this
section shall be in substantially the following form:
NOTIFICATION OF "GOOD SAMARITAN" LAW
You have been requested to provide emergency assistance by
a representative of a hazardous materials incident command
agency. To encourage your assistance, the Washington state
legislature has passed "Good Samaritan" legislation (RCW
70.136.050) to protect you from potential liability. The law
reads, in part:
"Any person or public agency whose assistance has
been requested by an incident command agency,
who has entered into a written hazardous materials
assistance agreement . . . at the scene of the incident
pursuant to . . . RCW 70.136.070, and who, in good
faith, renders emergency care, assistance, or advice
with respect to a hazardous materials incident, is not
liable for civil damages resulting from any act or
omission in the rendering of such care, assistance, or
advice, other than acts or omissions constituting
gross negligence or wilful or wanton misconduct."
The law requires that you be advised of certain conditions to
ensure your protection:
1. You are not obligated to assist and you may withdraw your assistance at any time.
2. You cannot profit from assisting.
3. You must agree to act under the direction of the
incident command agency.
4. You are not covered by this law if you caused the
initial accident.
I have read and understand the above.
(Name) . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date . . . . . . Time . . . . . . . . . . .
I am a representative of a designated hazardous materials incident command agency and
I am authorized to make this request for
assistance.
(Name) . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Agency) . . . . . . . . . . . . . . . . . . . . . . . . . .
Date . . . . . . Time . . . . . . . . . . .
[1987 c 238 § 6; 1982 c 172 § 7.]
70.136.070
[Title 70 RCW—page 384]
Chapter 70.138
Chapter 70.138 RCW
INCINERATOR ASH RESIDUE
Sections
70.138.010
70.138.020
70.138.030
70.138.040
70.138.050
Legislative findings.
Definitions.
Review and approval of management plans—Disposal permits.
Civil penalties.
Violations—Orders.
(2004 Ed.)
Incinerator Ash Residue
70.138.060
70.138.070
70.138.900
70.138.901
70.138.902
Enforcement—Injunctive relief.
Criminal penalties.
Application of chapter to certain incinerators.
Short title.
Severability—1987 c 528.
Environmental certification programs—Fees—Rules—Liability: RCW
43.21A.175.
70.138.010
70.138.010 Legislative findings. The legislature finds:
(1) Solid wastes generated in the state are to be managed
in the following order of descending priority: (a) Waste
reduction; (b) recycling; (c) treatment; (d) energy recovery or
incineration; (e) solidification/stabilization; and (f) landfill.
(2) Special incinerator ash residues from the incineration
of municipal solid waste that would otherwise be regulated as
hazardous wastes need a separate regulatory scheme in order
to (a) ease the permitting and reporting requirements of chapter 70.105 RCW, the state hazardous waste management act,
and (b) supplement the environmental protection provisions
of chapter 70.95 RCW, the state solid waste management act.
(3) Raw garbage poses significant environmental and
public health risks. Municipal solid waste incineration constitutes a higher waste management priority than the land disposal of untreated municipal solid waste due to its reduction
of waste volumes and environmental health risks.
It is therefore the purpose of this chapter to establish
management requirements for special incinerator ash that
otherwise would be regulated as hazardous waste under chapter 70.105 RCW, the hazardous waste management act.
[1987 c 528 § 1.]
70.138.020
70.138.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of
ecology or the director's designee.
(3) "Dispose" or "disposal" means the treatment, utilization, processing, or final deposit of special incineration ash.
(4) "Generate" means any act or process which produces
special incinerator ash or which first causes special incinerator ash to become subject to regulation.
(5) "Management" means the handling, storage, collection, transportation, and disposal of special incinerator ash.
(6) "Person" means any person, firm, association,
county, public or municipal or private corporation, agency, or
other entity whatsoever.
(7) "Facility" means all structures, other appurtenances,
improvements, and land used for recycling, storing, treating,
or disposing of special incinerator ash.
(8) "Special incinerator ash" means ash residues resulting from the operation of incinerator or energy recovery facilities managing municipal solid waste, including solid waste
from residential, commercial, and industrial establishments,
if the ash residues (a) would otherwise be regulated as hazardous wastes under chapter 70.105 RCW; and (b) are not
regulated as a hazardous waste under the federal resource
conservation and recovery act, 42 U.S.C. Sec. 6901 et seq.
[1987 c 528 § 2.]
70.138.030
70.138.030 Review and approval of management
plans—Disposal permits. (1) Prior to managing special
(2004 Ed.)
70.138.030
incinerator ash, persons who generate special incinerator ash
shall develop plans for managing the special incinerator ash.
These plans shall:
(a) Identify procedures for all aspects relating to the
management of the special incinerator ash that are necessary
to protect employees, human health, and the environment;
(b) Identify alternatives for managing solid waste prior
to incineration for the purpose of (i) reducing the toxicity of
the special incinerator ash; and (ii) reducing the quantity of
the special incinerator ash;
(c) Establish a process for submittal of an annual report
to the department disclosing the results of a testing program
to identify the toxic properties of the special incinerator ash
as necessary to ensure that the procedures established in the
plans submitted pursuant to this chapter are adequate to protect employees, human health, and the environment; and
(d) Comply with the rules established by the department
in accordance with this section.
(2) Prior to managing any special incinerator ash, any
person required to develop a plan pursuant to subsection (1)
of this section shall submit the plan to the department for
review and approval. Prior to approving a plan, the department shall find that the plan complies with the provisions of
this chapter, including any rules adopted under this chapter.
Approval may be conditioned upon additional requirements
necessary to protect employees, human health, and the environment, including special management requirements, waste
segregation, or treatment techniques such as neutralization,
detoxification, and solidification/stabilization.
(3) The department shall give notice of receipt of a proposed plan to interested persons and the public and shall
accept public comment for a minimum of thirty days. The
department shall approve, approve with conditions, or reject
the plan submitted pursuant to this section within ninety days
of submittal.
(4) Prior to accepting any special incinerator ash for disposal, persons owning or operating facilities for the disposal
of the incinerator ash shall apply to the department for a permit. The department shall issue a permit if the disposal will
provide adequate protection of human health and the environment. Prior to issuance of any permit, the department shall
find that the facility meets the requirements of chapter 70.95
RCW and any rules adopted under this chapter. The department may place conditions on the permit to include additional requirements necessary to protect employees, human
health, and the environment, including special management
requirements, waste segregation, or treatment techniques
such as neutralization, detoxification, and solidification/stabilization.
(5) The department shall give notice of its receipt of a
permit application to interested persons and the public and
shall accept public comment for a minimum of thirty days.
The department shall issue, issue with conditions, or deny the
permit within ninety days of submittal.
(6) The department shall adopt rules to implement the
provisions of this chapter. The rules shall (a) establish minimum requirements for the management of special incinerator
ash as necessary to protect employees, human health, and the
environment, (b) clearly define the elements of the plans
required by this chapter, and (c) require special incinerator
[Title 70 RCW—page 385]
70.138.040
Title 70 RCW: Public Health and Safety
ash to be disposed at facilities that are operating in compliance with this chapter. [1987 c 528 § 3.]
70.138.040
70.138.040 Civil penalties. (1) Except as provided in
RCW 43.05.060 through 43.05.080 and 43.05.150, any person who violates any provision of a department regulation or
regulatory order relating to the management of special incinerator ash shall incur in addition to any other penalty provided by law, a penalty in an amount up to ten thousand dollars a day for every such violation. Each and every such violation shall be a separate and distinct offense. In case of
continuing violation, every day's continuance shall be a separate and distinct violation. Every person who, through an act
of commission or omission, procures, aids, or abets in the
violation shall be considered to have violated the provisions
of this section and shall be subject to the penalty herein provided.
(2) The penalty provided for in this section shall be
imposed by a notice in writing, either by certified mail with
return receipt requested or by personal service, to the person
incurring the same from the department, describing the violation with reasonable particularity. Within fifteen days after
the notice is received, the person incurring the penalty may
apply in writing to the department for the remission or mitigation of such penalty. Upon receipt of the application, the
department may remit or mitigate the penalty upon whatever
terms the department in its discretion deems proper, giving
consideration to the degree of hazard associated with the violation, provided the department deems such remission or mitigation to be in the best interests of carrying out the purposes
of this chapter. The department shall have authority to ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper.
(3) Any penalty imposed by this section shall become
due and payable thirty days after receipt of a notice imposing
the same unless application for remission or mitigation is
made or petition for review by the hearings board is filed.
When such an application for remission or mitigation is
made, any penalty incurred pursuant to this section shall
become due and payable thirty days after receipt of notice
setting forth the disposition of such application.
(4) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the
attorney general, upon the request of the director, shall bring
an action in the name of the state of Washington in the superior court of Thurston county, or any county in which such
violator may do business, to recover such penalty. In all such
actions, the procedure and rules of evidence shall be the same
as an ordinary civil action except as otherwise provided in
this chapter. [1995 c 403 § 633; 1987 c 528 § 4.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
70.138.050
70.138.050 Violations—Orders. Whenever a person
violates any provision of this chapter or any permit or regulation the department may issue an order appropriate under the
circumstances to assure compliance with the chapter, permit,
or regulation. Such an order must be served personally or by
[Title 70 RCW—page 386]
registered mail upon any person to whom it is directed. [1987
c 528 § 5.]
70.138.060
70.138.060 Enforcement—Injunctive relief. The
department, with the assistance of the attorney general, may
bring any appropriate action at law or in equity, including
action for injunctive relief as may be necessary to enforce the
provisions of this chapter or any permit or regulation issued
thereunder. [1987 c 528 § 6.]
70.138.070
70.138.070 Criminal penalties. Any person found
guilty of wilfully violating, without sufficient cause, any of
the provisions of this chapter, or permit or order issued pursuant to this chapter is guilty of a gross misdemeanor and
upon conviction shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment for
up to one year, or by both. Each day of violation may be
deemed a separate violation. [1987 c 528 § 7.]
70.138.900
70.138.900 Application of chapter to certain incinerators. This chapter shall not apply to municipal solid waste
incinerators that are in operation on May 19, 1987, until a
special incinerator waste disposal permit is issued in the
county where the municipal solid waste incinerator is located,
or July 1, 1989, whichever is sooner. [1987 c 528 § 12.]
70.138.901
70.138.901 Short title. This chapter shall be known as
the special incinerator ash disposal act. [1987 c 528 § 11.]
70.138.902
70.138.902 Severability—1987 c 528. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 528 § 14.]
Chapter 70.142
Chapter 70.142 RCW
CHEMICAL CONTAMINANTS AND
WATER QUALITY
Sections
70.142.010
70.142.020
70.142.030
70.142.040
70.142.050
Establishment of standards for chemical contaminants in
drinking water by state board of health.
Establishment of monitoring requirements for chemical contaminants in public water supplies by state board of health.
Monitoring requirements—Considerations.
Establishment of water quality standards by local health
department in large counties.
Noncomplying public water supply systems—Submission of
corrective plan—Notification to system's customers.
Reviser's note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
70.142.010
70.142.010 Establishment of standards for chemical
contaminants in drinking water by state board of health.
(1) In order to protect public health from chemical contaminants in drinking water, the state board of health shall conduct public hearings and, where technical data allow, establish by rule standards for allowable concentrations. For purposes of this chapter, the words "chemical contaminants" are
limited to synthetic organic chemical contaminants and to
any other contaminants which in the opinion of the board
(2004 Ed.)
Water Pollution Control Facilities Financing
constitute a threat to public health. If adequate data to support
setting of a standard is available, the state board of health
shall adopt by rule a maximum contaminant level for water
provided to consumers' taps. Standards set for contaminants
known to be toxic shall consider both short-term and chronic
toxicity. Standards set for contaminants known to be carcinogenic shall be consistent with risk levels established by the
state board of health.
(2) The board shall consider the best available scientific
information in establishing the standards. The board may
review and revise the standards. State and local standards for
chemical contaminants may be more strict than the federal
standards. [1984 c 187 § 1.]
70.146.020
public health. Each such system shall include a notice identifying the water quality standards exceeded, and the amount
by which the water tested exceeded the standards, in all customer bills mailed after such determination. The notification
shall continue until water quality tests conducted in accordance with this chapter establish that the system meets or
exceeds the minimum standards. [1991 c 3 § 375; 1984 c 187
§ 4.]
Chapter 70.146
Chapter 70.146 RCW
WATER POLLUTION CONTROL
FACILITIES FINANCING
Sections
70.142.020
70.142.020 Establishment of monitoring requirements for chemical contaminants in public water supplies
by state board of health. The state board of health shall
conduct public hearings and establish by rule monitoring
requirements for chemical contaminants in public water supplies. Results of tests conducted pursuant to such requirements shall be submitted to the department of health and to
the local health department. The state board of health may
review and revise monitoring requirements for chemical contaminants. [1991 c 3 § 374; 1984 c 187 § 2.]
70.142.030
70.142.030 Monitoring requirements—Considerations. The state board of health in determining monitoring
requirements for public water supply systems shall take into
consideration economic impacts as well as public health
risks. [1984 c 187 § 5.]
70.142.040
70.142.040 Establishment of water quality standards
by local health department in large counties. Each local
health department serving a county with a population of one
hundred twenty-five thousand or more may establish water
quality standards for its jurisdiction more stringent than standards established by the state board of health. Each local
health department establishing such standards shall base the
standards on the best available scientific information. [1991
c 363 § 145; 1984 c 187 § 3.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
70.142.050
70.142.050 Noncomplying public water supply systems—Submission of corrective plan—Notification to
system's customers. Public water supply systems as defined
by RCW 70.119.020 that the state board of health or local
health department determines do not comply with the water
quality standards applicable to the system shall immediately
initiate preparation of a corrective plan designed to meet or
exceed the minimum standards for submission to the department of health. The owner of such system shall within one
year take any action required to bring the water into full compliance with the standards. The department of health may
require compliance as promptly as necessary to abate an
immediate public health threat or may extend the period of
compliance if substantial new construction is required: PROVIDED FURTHER, That the extension shall be granted only
upon a determination by the department, after a public hearing, that the extension will not pose an imminent threat to
(2004 Ed.)
70.146.010
70.146.020
70.146.030
70.146.040
70.146.050
70.146.060
70.146.070
70.146.075
70.146.080
70.146.090
70.146.900
Purpose—Legislative intent.
Definitions.
Water quality account—Progress report.
Level of grant or loan not precedent.
Compliance schedule for secondary treatment.
Water quality account distributions—Limitations.
Grants or loans for water pollution control facilities—Considerations.
Extended grant payments.
Determination of tax receipts in water quality account—Transfer of sufficient moneys from general revenues.
Grants and loans to local governments—Statement of environmental benefits—Development of outcome-focused performance measures.
Severability—1986 c 3.
70.146.010
70.146.010 Purpose—Legislative intent. The longrange health and environmental goals for the state of Washington require the protection of the state's surface and underground waters for the health, safety, use, enjoyment, and economic benefit of its people. It is the purpose of this chapter to
provide financial assistance to the state and to local governments for the planning, design, acquisition, construction, and
improvement of water pollution control facilities and related
activities in the achievement of state and federal water pollution control requirements for the protection of the state's
waters.
It is the intent of the legislature that distribution of moneys for water pollution control facilities under this chapter be
made on an equitable basis taking into consideration legal
mandates, local effort, ratepayer impacts, and past distributions of state and federal moneys for water pollution control
facilities.
It is the intent of this chapter that the cost of any water
pollution control facility attributable to increased or additional capacity that exceeds one hundred ten percent of existing needs at the time of application for assistance under this
chapter shall be entirely a local or private responsibility. It is
the intent of this chapter that industrial pretreatment be paid
by industries and that the water quality account shall not be
used for such purposes. [1986 c 3 § 1.]
Effective dates—1986 c 3: See note following RCW 82.24.027.
70.146.020
70.146.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Account" means the water quality account in the
state treasury.
(2) "Department" means the department of ecology.
[Title 70 RCW—page 387]
70.146.030
Title 70 RCW: Public Health and Safety
(3) "Eligible cost" means the cost of that portion of a
water pollution control facility that can be financed under this
chapter excluding any portion of a facility's cost attributable
to capacity that is in excess of that reasonably required to
address one hundred ten percent of the applicant's needs for
water pollution control existing at the time application is submitted for assistance under this chapter.
(4) "Water pollution control facility" or "facilities"
means any facilities or systems for the control, collection,
storage, treatment, disposal, or recycling of wastewater,
including but not limited to sanitary sewage, storm water,
residential, commercial, industrial, and agricultural wastes,
which are causing water quality degradation due to concentrations of conventional, nonconventional, or toxic pollutants. Water pollution control facilities include all equipment,
utilities, structures, real property, and interests in and
improvements on real property necessary for or incidental to
such purpose. Water pollution control facilities also include
such facilities, equipment, and collection systems as are necessary to protect federally designated sole source aquifers.
(5) "Water pollution control activities" means actions
taken by a public body for the following purposes: (a) To
prevent or mitigate pollution of underground water; (b) to
control nonpoint sources of water pollution; (c) to restore the
water quality of fresh water lakes; and (d) to maintain or
improve water quality through the use of water pollution control facilities or other means. During the 1995-1997 fiscal
biennium, "water pollution control activities" includes activities by state agencies to protect public drinking water supplies and sources.
(6) "Public body" means the state of Washington or any
agency, county, city or town, conservation district, other
political subdivision, municipal corporation, quasi-municipal
corporation, and those Indian tribes now or hereafter recognized as such by the federal government.
(7) "Water pollution" means such contamination, or
other alteration of the physical, chemical, or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create
a nuisance or render such waters harmful, detrimental, or
injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other
legitimate beneficial uses, or to livestock, wild animals,
birds, fish, or other aquatic life.
(8) "Nonpoint source water pollution" means pollution
that enters any waters of the state from any dispersed waterbased or land-use activities, including, but not limited to,
atmospheric deposition, surface water runoff from agricultural lands, urban areas, and forest lands, subsurface or
underground sources, and discharges from boats or other
marine vessels.
(9) "Sole source aquifer" means the sole or principal
source of public drinking water for an area designated by the
administrator of the environmental protection agency pursuant to Public Law 93-523, Sec. 1424(b). [1995 2nd sp.s. c 18
§ 920; 1993 sp.s. c 24 § 923; 1987 c 436 § 5; 1986 c 3 § 2.]
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
[Title 70 RCW—page 388]
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
Effective dates—1986 c 3: See note following RCW 82.24.027.
70.146.030
70.146.030 Water quality account—Progress report.
(1) The water quality account is hereby created in the state
treasury. Moneys in the account may be used only in a manner consistent with this chapter. Moneys deposited in the
account shall be administered by the department of ecology
and shall be subject to legislative appropriation. Moneys
placed in the account shall include tax receipts as provided in
RCW 82.24.027, 82.26.025, and 82.32.390, principal and
interest from the repayment of any loans granted pursuant to
this chapter, and any other moneys appropriated to the
account by the legislature.
(2) The department may use or permit the use of any
moneys in the account to make grants or loans to public bodies, including grants to public bodies as cost-sharing moneys
in any case where federal, local, or other funds are made
available on a cost-sharing basis, for water pollution control
facilities and activities, or for purposes of assisting a public
body to obtain an ownership interest in water pollution control facilities and/or to defray a part of the payments made by
a public body to a service provider under a service agreement
entered into pursuant to RCW 70.150.060, within the purposes of this chapter and for related administrative expenses.
For the period July 1, 2003, to June 30, 2005, moneys in the
account may be used to process applications received by the
department that seek to make changes to or transfer existing
water rights, for water conveyance projects, and for grants
and technical assistance to public bodies for watershed planning under chapter 90.82 RCW. No more than three percent
of the moneys deposited in the account may be used by the
department to pay for the administration of the grant and loan
program authorized by this chapter.
(3) Beginning with the biennium ending June 30, 1997,
the department shall present a biennial progress report on the
use of moneys from the account to the chairs of the senate
committee on ways and means and the house of representatives committee on appropriations. The first report is due
June 30, 1996, and the report for each succeeding biennium is
due December 31 of the odd-numbered year. The report shall
consist of a list of each recipient, project description, and
amount of the grant, loan, or both. [2004 c 277 § 909; 2003
1st sp.s. c 25 § 934; 2002 c 371 § 921; 2001 2nd sp.s. c 7 §
922; 1996 c 37 § 2; 1995 2nd sp.s. c 18 § 921; 1991 sp.s. c 13
§ 61. Prior: 1987 c 505 § 64; 1987 c 436 § 6; 1986 c 3 § 3.]
Severability—Effective dates—2004 c 277: See notes following
RCW 89.08.550.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective dates—1986 c 3: See note following RCW 82.24.027.
(2004 Ed.)
Water Pollution Control Facilities Financing
70.146.040
70.146.040 Level of grant or loan not precedent. No
grant or loan made in this chapter for fiscal year 1987 shall be
construed to establish a precedent for levels of grants or loans
made from the water quality account thereafter. [1986 c 3 §
6.]
Effective dates—1986 c 3: See note following RCW 82.24.027.
70.146.050
70.146.050 Compliance schedule for secondary treatment. The department of ecology may provide for a phased
in compliance schedule for secondary treatment which
addresses local factors that may impede compliance with secondary treatment requirements of the federal clean water act.
In determining the length of time to be granted for compliance, the department shall consider the criteria specified in
the federal clean water act. [1986 c 3 § 8.]
Effective dates—1986 c 3: See note following RCW 82.24.027.
70.146.060
70.146.060 Water quality account distributions—
Limitations. During the period from July 1, 1987, until June
30, 1995, the following limitations shall apply to the department's total distribution of funds appropriated from the water
quality account:
(1) Not more than fifty percent for water pollution control facilities which discharge directly into marine waters;
(2) Not more than twenty percent for water pollution
control activities that prevent or mitigate pollution of underground waters and facilities that protect federally designated
sole source aquifers with at least two-thirds for the SpokaneRathdrum Prairie Aquifer;
(3) Not more than ten percent for water pollution control
activities that protect freshwater lakes and rivers including
but not limited to Lake Chelan and the Yakima and Columbia
rivers;
(4) Not more than ten percent for activities which control
nonpoint source water pollution;
(5) Ten percent and such sums as may be remaining from
the categories specified in subsections (1) through (4) of this
section for water pollution control activities or facilities as
determined by the department; and
(6) Two and one-half percent of the total amounts of
moneys under subsections (1) through (5) of this section from
February 21, 1986, until December 31, 1995, shall be appropriated biennially to the state conservation commission for
the purposes of this chapter. Not less than ten percent of the
moneys received by the state conservation commission under
the provisions of this section shall be expended on research
activities.
The distribution under this section shall not be required
to be met in any single fiscal year.
Funds provided for facilities and activities under this
chapter may be used for payments to a service provider under
a service agreement pursuant to RCW 70.150.060. If funds
are to be used for such payments, the department may make
periodic disbursements to a public body or may make a single
lump sum disbursement. Disbursements of funds with respect
to a facility owned or operated by a service provider shall be
equivalent in value to disbursements that would otherwise be
made if that facility were owned or operated by a public
body. Payments under this chapter for waste disposal and
management facilities made to public bodies entering into
(2004 Ed.)
70.146.070
service agreements pursuant to RCW 70.150.060 shall not
exceed amounts paid to public bodies not entering into service agreements. [1987 c 527 § 1; 1987 c 436 § 7; 1986 c 3 §
9.]
Reviser's note: This section was amended by 1987 c 436 § 7 and by
1987 c 527 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective dates—1986 c 3: See note following RCW 82.24.027.
70.146.070
70.146.070 Grants or loans for water pollution control facilities—Considerations. (1) When making grants or
loans for water pollution control facilities, the department
shall consider the following:
(a) The protection of water quality and public health;
(b) The cost to residential ratepayers if they had to
finance water pollution control facilities without state assistance;
(c) Actions required under federal and state permits and
compliance orders;
(d) The level of local fiscal effort by residential ratepayers since 1972 in financing water pollution control facilities;
(e) The extent to which the applicant county or city, or if
the applicant is another public body, the extent to which the
county or city in which the applicant public body is located,
has established programs to mitigate nonpoint pollution of
the surface or subterranean water sought to be protected by
the water pollution control facility named in the application
for state assistance; and
(f) The recommendations of the Puget Sound action team
and any other board, council, commission, or group established by the legislature or a state agency to study water pollution control issues in the state.
(2) Except where necessary to address a public health
need or substantial environmental degradation, a county, city,
or town planning under RCW 36.70A.040 may not receive a
grant or loan for water pollution control facilities unless it has
adopted a comprehensive plan, including a capital facilities
plan element, and development regulations as required by
RCW 36.70A.040. This subsection does not require any
county, city, or town planning under RCW 36.70A.040 to
adopt a comprehensive plan or development regulations
before requesting or receiving a grant or loan under this chapter if such request is made before the expiration of the time
periods specified in RCW 36.70A.040. A county, city, or
town planning under RCW 36.70A.040 which has not
adopted a comprehensive plan and development regulations
within the time periods specified in RCW 36.70A.040 is not
prohibited from receiving a grant or loan under this chapter if
the comprehensive plan and development regulations are
adopted as required by RCW 36.70A.040 before submitting a
request for a grant or loan.
(3) Whenever the department is considering awarding
grants or loans for public facilities to special districts requesting funding for a proposed facility located in a county, city,
or town planning under RCW 36.70A.040, it shall consider
whether the county, city, or town planning under RCW
36.70A.040 in whose planning jurisdiction the proposed
facility is located has adopted a comprehensive plan and
development regulations as required by RCW 36.70A.040.
[Title 70 RCW—page 389]
70.146.075
Title 70 RCW: Public Health and Safety
[1999 c 164 § 603; 1997 c 429 § 30; 1991 sp.s. c 32 § 24;
1986 c 3 § 10.]
935; 1994 sp.s. c 6 § 902; 1993 sp.s. c 24 § 924; 1991 sp.s. c
16 § 923; 1986 c 3 § 11.]
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—1994 sp.s. c 6: See notes following
RCW 28A.310.020.
Savings—1999 c 164 §§ 301-303, 305, 306, and 601-603: See note following RCW 82.60.020.
Effective date—1997 c 429 §§ 29 and 30: See note following RCW
43.155.070.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Effective dates—1986 c 3: See note following RCW 82.24.027.
70.146.075
70.146.075 Extended grant payments. (1) The department of ecology may enter into contracts with local jurisdictions which provide for extended grant payments under
which eligible costs may be paid on an advanced or deferred
basis.
(2) Extended grant payments shall be in equal annual
payments, the total of which does not exceed, on a net present
value basis, fifty percent of the total eligible cost of the
project incurred at the time of design and construction. The
duration of such extended grant payments shall be for a
period not to exceed twenty years. The total of federal and
state grant moneys received for the eligible costs of the
project shall not exceed fifty percent of the eligible costs.
(3) Any moneys appropriated by the legislature from the
water quality account shall be first used by the department of
ecology to satisfy the conditions of the extended grant payment contracts. [1987 c 516 § 1.]
70.146.080
70.146.080 Determination of tax receipts in water
quality account—Transfer of sufficient moneys from general revenues. Within thirty days after June 30, 1987, and
within thirty days after each succeeding fiscal year thereafter,
the state treasurer shall determine the tax receipts deposited
into the water quality account for the preceding fiscal year. If
the tax receipts deposited into the account in each of the fiscal
years 1988 and 1989 are less than forty million dollars, the
state treasurer shall transfer sufficient moneys from general
state revenues into the water quality account to bring the total
receipts in each fiscal year up to forty million dollars.
For the biennium ending June 30, 1991, if the tax
receipts deposited into the water quality account and the
earnings on investment of balances credited to the account
are less than ninety million dollars, the treasurer shall transfer
sufficient moneys from general state revenues into the water
quality account to bring the total revenue up to ninety million
dollars. The determination and transfer shall be made by July
31, 1991.
For fiscal year 1992 and for fiscal years 1995 and 1996
and thereafter, if the tax receipts deposited into the water
quality account for each fiscal year are less than forty-five
million dollars, the treasurer shall transfer sufficient moneys
from general state revenues into the water quality account to
bring the total revenue up to forty-five million dollars. However, during the 2003-05 fiscal biennium, the legislature may
specify the transfer of a different amount in the operating
budget bill. Determinations and transfers shall be made by
July 31 for the preceding fiscal year. [2003 1st sp.s. c 25 §
[Title 70 RCW—page 390]
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
Severability—Effective date—1991 sp.s. c 16: See notes following
RCW 9.46.100.
Effective dates—1986 c 3: See note following RCW 82.24.027.
70.146.090
70.146.090 Grants and loans to local governments—
Statement of environmental benefits—Development of
outcome-focused performance measures. In providing
grants and loans to local governments, the department shall
require recipients to incorporate the environmental benefits
of the project into their applications, and the department shall
utilize the statement of environmental benefits in its grant
and loan prioritization and selection process. The department
shall also develop appropriate outcome-focused performance
measures to be used both for management and performance
assessment of the grant and loan program. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as
defined in RCW 43.41.270. The department shall consult
with affected interest groups in implementing this section.
[2001 c 227 § 6.]
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
70.146.900 Severability—1986 c 3. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 3 § 16.]
70.146.900
Chapter 70.148 RCW
UNDERGROUND PETROLEUM STORAGE TANKS
Chapter 70.148
Sections
70.148.005
70.148.010
70.148.020
70.148.025
70.148.030
70.148.035
70.148.040
70.148.050
70.148.060
70.148.070
70.148.080
70.148.090
70.148.110
70.148.120
70.148.130
70.148.140
70.148.150
70.148.160
70.148.170
70.148.900
70.148.901
Finding—Intent.
Definitions.
Pollution liability insurance program trust account.
Reinsurance for heating oil pollution liability protection program.
Pollution liability insurance program—Generally—Ad hoc
committees.
Program design—Cost coverage.
Rules.
Powers and duties of director.
Disclosure of reports and information—Penalty.
Insurer selection process and criteria.
Cancellation or refusal by insurer—Appeal.
Exemptions from Title 48 RCW—Exceptions.
Reservation of legislative power.
Financial assistance for corrective actions in small communities—Intent.
Financial assistance—Criteria.
Financial assistance—Private owner or operator.
Financial assistance—Public owner or operator.
Financial assistance—Rural hospitals.
Certification.
Expiration of chapter.
Severability—1989 c 383.
70.148.005 Finding—Intent. (Expires June 1, 2007.)
(1) The legislature finds that:
70.148.005
(2004 Ed.)
Underground Petroleum Storage Tanks
(a) Final regulations adopted by the United States environmental protection agency (EPA) require owners and operators of underground petroleum storage tanks to demonstrate
financial responsibility for accidental releases of petroleum
as a precondition to continued ownership and operation of
such tanks;
(b) Financial responsibility is demonstrated through the
purchase of pollution liability insurance or an acceptable
alternative such as coverage under a state financial responsibility program, in the amount of at least five hundred thousand dollars per occurrence and one million dollars annual
aggregate depending upon the nature, use, and number of
tanks owned or operated;
(c) Many owners and operators of underground petroleum storage tanks cannot purchase pollution liability insurance either because private insurance is unavailable at any
price or because owners and operators cannot meet the rigid
underwriting standards of existing insurers, nor can many
owners and operators meet the strict regulatory standards
imposed for alternatives to the purchase of insurance; and
(d) Without a state financial responsibility program for
owners and operators of underground petroleum storage
tanks, many tank owners and operators will be forced to discontinue the ownership and operation of these tanks.
(2) The purpose of this chapter is to create a state financial responsibility program meeting EPA standards for owners and operators of underground petroleum storage tanks in
a manner that:
(a) Minimizes state involvement in pollution liability
claims management and insurance administration;
(b) Protects the state of Washington from unwanted and
unanticipated liability for accidental release claims;
(c) Creates incentives for private insurers to provide
needed liability insurance; and
(d) Parallels generally accepted principles of insurance
and risk management.
To that end, this chapter establishes a temporary program to provide pollution liability reinsurance at a price that
will encourage a private insurance company or risk retention
group to sell pollution liability insurance in accordance with
the requirements of this chapter to owners and operators of
underground petroleum storage tanks, thereby allowing the
owners and operators to comply with the financial responsibility regulations of the EPA.
(3) It is not the intent of this chapter to permit owners
and operators of underground petroleum storage tanks to
obtain pollution liability insurance without regard to the quality or condition of their storage tanks or without regard to the
risk management practices of tank owners and operators, nor
is it the intent of this chapter to provide coverage or funding
for past or existing petroleum releases. Further, it is the intent
of the legislature that the program follow generally accepted
insurance underwriting and actuarial principles and to deviate
from those principles only to the extent necessary and within
the tax revenue limits provided, to make pollution liability
insurance reasonably affordable and available to owners and
operators who meet the requirements of this chapter, particularly to those owners and operators whose underground storage tanks meet a vital economic need within the affected
community. [1990 c 64 § 1; 1989 c 383 § 1.]
(2004 Ed.)
70.148.010
70.148.010
70.148.010 Definitions. (Expires June 1, 2007.)
Unless the context requires otherwise, the definitions in this
section apply throughout this chapter.
(1) "Accidental release" means any sudden or nonsudden
release of petroleum arising from operating an underground
storage tank that results in a need for corrective action, bodily
injury, or property damage neither expected nor intended by
the owner or operator.
(2) "Director" means the Washington pollution liability
insurance program director.
(3) "Bodily injury" means bodily injury, sickness, or disease sustained by any person, including death at any time
resulting from the injury, sickness, or disease.
(4) "Corrective action" means those actions reasonably
required to be undertaken by the insured to remove, treat,
neutralize, contain, or clean up an accidental release in order
to comply with any statute, ordinance, rule, regulation, directive, order, or similar legal requirement of the United States,
the state of Washington, or any political subdivision of the
United States or the state of Washington in effect at the time
of an accidental release. "Corrective action" includes, when
agreed to in writing, in advance by the insurer, action to
remove, treat, neutralize, contain, or clean up an accidental
release to avert, reduce, or eliminate the liability of the
insured for corrective action, bodily injury, or property damage. "Corrective action" also includes actions reasonably necessary to monitor, assess, and evaluate an accidental release.
"Corrective action" does not include:
(a) Replacement or repair of storage tanks or other receptacles;
(b) Replacement or repair of piping, connections, and
valves of storage tanks or other receptacles;
(c) Excavation or backfilling done in conjunction with
(a) or (b) of this subsection; or
(d) Testing for a suspected accidental release if the
results of the testing indicate that there has been no accidental
release.
(5) "Defense costs" include the costs of legal representation, expert fees, and related costs and expenses incurred in
defending against claims or actions brought by or on behalf
of:
(a) The United States, the state of Washington, or any
political subdivision of the United States or state of Washington to require corrective action or to recover costs of corrective action; or
(b) A third party for bodily injury or property damage
caused by an accidental release.
(6) "Washington pollution liability insurance program"
or "program" means the reinsurance program created by this
chapter.
(7) "Insured" means the owner or operator who is provided insurance coverage in accordance with this chapter.
(8) "Insurer" means the insurance company or risk retention group licensed or qualified to do business in Washington
and authorized by the director to provide insurance coverage
in accordance with this chapter.
(9) "Loss reserve" means the amount traditionally set
aside by commercial liability insurers for costs and expenses
related to claims that have been made. "Loss reserve" does
not include losses that have been incurred but not reported to
the insurer.
[Title 70 RCW—page 391]
70.148.020
Title 70 RCW: Public Health and Safety
(10) "Occurrence" means an accident, including continuous or repeated exposure to conditions, that results in a
release from an underground storage tank.
(11) "Operator" means a person in control of, or having
responsibility for, the daily operation of an underground storage tank.
(12) "Owner" means a person who owns an underground
storage tank.
(13) "Person" means an individual, trust, firm, joint
stock company, corporation (including government corporation), partnership, association, consortium, joint venture,
commercial entity, state, municipality, commission, political
subdivision of a state, interstate body, the federal government, or any department or agency of the federal government.
(14) "Petroleum" means crude oil or any fraction of
crude oil that is liquid at standard conditions of temperature
and pressure, which means at sixty degrees Fahrenheit and
14.7 pounds per square inch absolute and includes gasoline,
kerosene, heating oils, and diesel fuels.
(15) "Property damage" means:
(a) Physical injury to, destruction of, or contamination of
tangible property, including the loss of use of the property
resulting from the injury, destruction, or contamination; or
(b) Loss of use of tangible property that has not been
physically injured, destroyed, or contaminated but has been
evacuated, withdrawn from use, or rendered inaccessible
because of an accidental release.
(16) "Release" means the emission, discharge, disposal,
dispersal, seepage, or escape of petroleum from an underground storage tank into or upon land, ground water, surface
water, subsurface soils, or the atmosphere.
(17) "Surplus reserve" means the amount traditionally
set aside by commercial property and casualty insurance
companies to provide financial protection from unexpected
losses and to serve, in part, as a measure of an insurance company's net worth.
(18) "Tank" means a stationary device, designed to contain an accumulation of petroleum, that is constructed primarily of nonearthen materials such as wood, concrete, steel, or
plastic that provides structural support.
(19) "Underground storage tank" means any one or a
combination of tanks including underground pipes connected
to the tank, that is used to contain an accumulation of petroleum and the volume of which (including the volume of the
underground pipes connected to the tank) is ten percent or
more beneath the surface of the ground. [1990 c 64 § 2; 1989
c 383 § 2.]
70.148.020
70.148.020 Pollution liability insurance program
trust account. (Expires June 1, 2007.) (1) The pollution liability insurance program trust account is established in the
custody of the state treasurer. All funds appropriated for this
chapter and all premiums collected for reinsurance shall be
deposited in the account. Expenditures from the account shall
be used exclusively for the purposes of this chapter including
payment of costs of administering the pollution liability
insurance and underground storage tank community assistance programs. Expenditures for payment of administrative
and operating costs of the agency are subject to the allotment
procedures under chapter 43.88 RCW and may be made only
[Title 70 RCW—page 392]
after appropriation by statute. No appropriation is required
for other expenditures from the account.
(2) Each calendar quarter, the director shall report to the
insurance commissioner the loss and surplus reserves
required for the calendar quarter. The director shall notify the
department of revenue of this amount by the fifteenth day of
each calendar quarter.
(3) Each calendar quarter the director shall determine the
amount of reserves necessary to fund commitments made to
provide financial assistance under RCW 70.148.130 to the
extent that the financial assistance reserves do not jeopardize
the operations and liabilities of the pollution liability insurance program. The director shall notify the department of
revenue of this amount by the fifteenth day of each calendar
quarter. The director may immediately establish an initial
financial assistance reserve of five million dollars from available revenues. The director may not expend more than fifteen
million dollars for the financial assistance program.
(4) This section expires June 1, 2001 [2007]. [1999 c 73
§ 1; 1998 c 245 § 114; 1991 sp.s. c 13 § 90; 1991 c 4 § 7; 1990
c 64 § 3; 1989 c 383 § 3.]
Expiration date—1998 c 245 §§ 114 and 115: "Sections 114 and 115
of this act expire June 1, 2007." [2000 c 16 § 4; 1998 c 245 § 178.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1991 c 4: See note following RCW 70.148.120.
70.148.025 Reinsurance for heating oil pollution liability protection program. (Expires June 1, 2007.) The
director shall provide reinsurance through the pollution liability insurance program trust account to the heating oil pollution liability protection program under chapter 70.149
RCW. [1995 c 20 § 12.]
70.148.025
Severability—1995 c 20: See RCW 70.149.901.
70.148.030 Pollution liability insurance program—
Generally—Ad hoc committees. (Expires June 1, 2007.)
(1) The Washington pollution liability insurance program is
created as an independent agency of the state. The administrative head and appointing authority of the program shall be
the director who shall be appointed by the governor, with the
consent of the senate, and shall serve at the pleasure of the
governor. The salary for this office shall be set by the governor pursuant to RCW 43.03.040. The director shall appoint a
deputy director. The director, deputy director, and up to three
other employees are exempt from the civil service law, chapter 41.06 RCW.
(2) The director shall employ such other staff as are necessary to fulfill the responsibilities and duties of the director.
The staff is subject to the civil service law, chapter 41.06
RCW. In addition, the director may contract with third parties
for services necessary to carry out its activities where this
will promote economy, avoid duplication of effort, and make
best use of available expertise. To the extent necessary to
protect the state from unintended liability and ensure quality
program and contract design, the director shall contract with
an organization or organizations with demonstrated experience and ability in managing and designing pollution liability
insurance and with an organization or organizations with
demonstrated experience and ability in managing and designing pollution liability reinsurance. The director shall enter
70.148.030
(2004 Ed.)
Underground Petroleum Storage Tanks
into such contracts after competitive bid but need not select
the lowest bid. Any such contractor or consultant is prohibited from releasing, publishing, or otherwise using any information made available to it under its contractual responsibility without specific permission of the program director. The
director may call upon other agencies of the state to provide
technical support and available information as necessary to
assist the director in meeting the director's responsibilities
under this chapter. Agencies shall supply this support and
information as promptly as circumstances permit.
(3) The director may appoint ad hoc technical advisory
committees to obtain expertise necessary to fulfill the purposes of this chapter. [1994 sp.s. c 9 § 805; 1990 c 64 § 4;
1989 c 383 § 4.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
70.148.035
70.148.035 Program design—Cost coverage. (Expires
June 1, 2007.) The director may design the program to cover
the costs incurred in determining whether a proposed applicant for pollution insurance under the program meets the
underwriting standards of the insurer. In covering such costs
the director shall consider the financial resources of the applicant, shall take into consideration the economic impact of the
discontinued use of the applicant's storage tank upon the
affected community, shall provide coverage within the revenue limits provided under this chapter, and shall limit coverage of such costs to the extent that coverage would be detrimental to providing affordable insurance under the program.
[1990 c 64 § 11.]
70.148.040
70.148.040 Rules. (Expires June 1, 2007.) The director
may adopt rules consistent with this chapter to carry out the
purposes of this chapter. All rules shall be adopted in accordance with chapter 34.05 RCW. [1990 c 64 § 5; 1989 c 383
§ 5.]
70.148.050
70.148.050 Powers and duties of director. (Expires
June 1, 2007.) The director has the following powers and
duties:
(1) To design and from time to time revise a reinsurance
contract providing coverage to an insurer meeting the
requirements of this chapter. Before initially entering into a
reinsurance contract, the director shall prepare an actuarial
report describing the various reinsurance methods considered
by the director and describing each method's costs. In designing the reinsurance contract the director shall consider common insurance industry reinsurance contract provisions and
shall design the contract in accordance with the following
guidelines:
(a) The contract shall provide coverage to the insurer for
the liability risks of owners and operators of underground
storage tanks for third party bodily injury and property damage and corrective action that are underwritten by the insurer.
(b) In the event of an insolvency of the insurer, the reinsurance contract shall provide reinsurance payable directly to
the insurer or to its liquidator, receiver, or successor on the
basis of the liability of the insurer in accordance with the
reinsurance contract. In no event may the program be liable
for or provide coverage for that portion of any covered loss
(2004 Ed.)
70.148.060
that is the responsibility of the insurer whether or not the
insurer is able to fulfill the responsibility.
(c) The total limit of liability for reinsurance coverage
shall not exceed one million dollars per occurrence and two
million dollars annual aggregate for each policy underwritten
by the insurer less the ultimate net loss retained by the insurer
as defined and provided for in the reinsurance contract.
(d) Disputes between the insurer and the insurance program shall be settled through arbitration.
(2) To design and implement a structure of periodic premiums due the director from the insurer that takes full advantage of revenue collections and projected revenue collections
to ensure affordable premiums to the insured consistent with
sound actuarial principles.
(3) To periodically review premium rates for reinsurance
to determine whether revenue appropriations supporting the
program can be reduced without substantially increasing the
insured's premium costs.
(4) To solicit bids from insurers and select an insurer to
provide pollution liability insurance to owners and operators
of underground storage tanks for third party bodily injury and
property damage and corrective action.
(5) To monitor the activities of the insurer to ensure
compliance with this chapter and protect the program from
excessive loss exposure resulting from claims mismanagement by the insurer.
(6) To monitor the success of the program and periodically make such reports and recommendations to the legislature as the director deems appropriate, and to annually publish a financial report on the pollution liability insurance prog r a m tr u st a c c o u nt sh o win g , a m o n g ot h e r th in g s,
administrative and other expenses paid from the fund.
(7) To annually report the financial and loss experience
of the insurer as to policies issued under the program and the
financial and loss experience of the program to the legislature.
(8) To evaluate the effects of the program upon the private market for liability insurance for owners and operators
of underground storage tanks and make recommendations to
the legislature on the necessity for continuing the program to
ensure availability of such coverage.
(9) To enter into contracts with public and private agencies to assist the director in his or her duties to design, revise,
monitor, and evaluate the program and to provide technical or
professional assistance to the director.
(10) To examine the affairs, transactions, accounts,
records, documents, and assets of insurers as the director
deems advisable. [1998 c 245 § 115; 1995 c 12 § 1; 1990 c
64 § 6; 1989 c 383 § 6.]
Expiration date—1998 c 245 §§ 114 and 115: See note following
RCW 70.148.020.
Effective date—1995 c 12: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 12, 1995]." [1995 c 12 § 3.]
70.148.060
70.148.060 Disclosure of reports and information—
Penalty. (Expires June 1, 2007.) (1) All examination and
proprietary reports and information obtained by the director
and the director's staff in soliciting bids from insurers and in
monitoring the insurer selected by the director shall not be
[Title 70 RCW—page 393]
70.148.070
Title 70 RCW: Public Health and Safety
made public or otherwise disclosed to any person, firm, corporation, agency, association, governmental body, or other
entity.
(2) Subsection (1) of this section notwithstanding, the
director may furnish all or part of examination reports prepared by the director or by any person, firm, corporation,
association, or other entity preparing the reports on behalf of
the director to:
(a) The Washington state insurance commissioner;
(b) A person or organization officially connected with
the insurer as officer, director, attorney, auditor, or independent attorney or independent auditor; and
(c) The attorney general in his or her role as legal advisor
to the director.
(3) Subsection (1) of this section notwithstanding, the
director may furnish all or part of the examination or proprietary reports or information obtained by the director to:
(a) The Washington state insurance commissioner; and
(b) A person, firm, corporation, association, governmental body, or other entity with whom the director has contracted for services necessary to perform his or her official
duties.
(4) Examination reports and proprietary information
obtained by the director and the director's staff are not subject
to public disclosure under chapter 42.17 RCW.
(5) A person who violates any provision of this section is
guilty of a gross misdemeanor. [1990 c 64 § 7; 1989 c 383 §
7.]
70.148.070
70.148.070 Insurer selection process and criteria.
(Expires June 1, 2007.) (1) In selecting an insurer to provide
pollution liability insurance coverage to owners and operators of underground storage tanks, the director shall evaluate
bids based upon criteria established by the director that shall
include:
(a) The insurer's ability to underwrite pollution liability
insurance;
(b) The insurer's ability to settle pollution liability claims
quickly and efficiently;
(c) The insurer's estimate of underwriting and claims
adjustment expenses;
(d) The insurer's estimate of premium rates for providing
coverage;
(e) The insurer's ability to manage and invest premiums;
and
(f) The insurer's ability to provide risk management
guidance to insureds.
The director shall select the bidder most qualified to provide insurance consistent with this chapter and need not
select the bidder submitting the least expensive bid. The
director may consider bids by groups of insurers and management companies who propose to act in concert in providing
coverage and who otherwise meet the requirements of this
chapter.
(2) The successful bidder shall agree to provide liability
insurance coverage to owners and operators of underground
storage tanks for third party bodily injury and property damage and corrective action consistent with the following minimum standards:
(a) The insurer shall provide coverage for defense costs.
[Title 70 RCW—page 394]
(b) The insurer shall collect a deductible from the
insured for corrective action in an amount approved by the
director.
(c) The insurer shall provide coverage for accidental
releases in the amount of five hundred thousand dollars per
occurrence and one million dollars annual aggregate but no
more than one million dollars per occurrence and two million
dollars annual aggregate exclusive of defense costs.
(d) The insurer shall require insurance applicants to meet
at least the following underwriting standards before issuing
coverage to the applicant:
(i) The applicant must be in compliance with statutes,
ordinances, rules, regulations, and orders governing the ownership and operation of underground storage tanks as identified by the director by rule; and
(ii) The applicant must exercise adequate underground
storage tank risk management as specified by the director by
rule.
(e) The insurer may exclude coverage for losses arising
before the effective date of coverage, and the director may
adopt rules establishing standards for determining whether a
loss was incurred before the effective date of coverage.
(f) The insurer may exclude coverage for bodily injury,
property damage, and corrective action as permitted by the
director by rule.
(g) The insurer shall use a variable rate schedule
approved by the director taking into account tank type, tank
age, and other factors specified by the director.
(3) The director shall adopt all rules necessary to implement this section. In developing and adopting rules governing
rates, deductibles, underwriting standards, and coverage conditions, limitations, and exclusions, the director shall balance
the owner and operator's need for coverage with the need to
maintain the actuarial integrity of the program, shall take into
consideration the economic impact of the discontinued use of
a storage tank upon the affected community, and shall consult
with the *standing technical advisory committee established
under RCW 70.148.030(3). In developing and adopting rules
governing coverage exclusions affecting corrective action,
the director shall consult with the Washington state department of ecology.
(4) Notwithstanding the definitions contained in RCW
70.148.010, the director may permit an insurer to use different words or phrases describing the coverage provided under
the program. In permitting such deviations from the definitions contained in RCW 70.148.010, the director shall consider the regulations adopted by the United States environmental protection agency requiring financial responsibility
by owners and operators of underground petroleum storage
tanks.
(5) Owners and operators of underground storage tanks
or sites containing underground storage tanks where a preexisting release has been identified or where the owner or operator knows of a preexisting release are eligible for coverage
under the program subject to the following conditions:
(a) The owner or operator must have a plan for proceeding with corrective action; and
(b) If the owner or operator files a claim with the insurer,
the owner or operator has the burden of proving that the claim
is not related to a preexisting release until the owner or oper(2004 Ed.)
Underground Petroleum Storage Tanks
ator demonstrates to the satisfaction of the director that corrective action has been completed.
(6) When a reinsurance contract has been entered into by
the agency and insurance companies, the director shall notify
the department of ecology of the letting of the contract.
Within thirty days of that notification, the department of ecology shall notify all known owners and operators of petroleum
underground storage tanks that appropriate levels of financial
responsibility must be established by October 26, 1990, in
accordance with federal environmental protection agency
requirements, and that insurance under the program is available. All owners and operators of petroleum underground
storage tanks must also be notified that declaration of method
of financial responsibility or intent to seek to be insured
under the program must be made to the state by November 1,
1990. If the declaration of method of financial responsibility
is not made by November 1, 1990, the department of ecology
shall, pursuant to chapter 90.76 RCW, prohibit the owner or
operator of an underground storage tank from obtaining a
tank tag or receiving petroleum products until such time as
financial responsibility has been established. [1990 c 64 § 8;
1989 c 383 § 8.]
*Reviser's note: The "standing technical advisory committee" was
abolished by 1994 sp.s. c 9 § 805 and in its place the director was given
authority to appoint ad hoc technical advisory committees.
70.148.080
70.148.080 Cancellation or refusal by insurer—
Appeal. (Expires June 1, 2007.) If the insurer cancels or
refuses to issue or renew a policy, the affected owner or operator may appeal the insurer's decision to the director. The
director shall conduct a brief adjudicative proceeding under
chapter 34.05 RCW. [1990 c 64 § 9; 1989 c 383 § 9.]
70.148.090
70.148.090 Exemptions from Title 48 RCW—Exceptions. (Expires June 1, 2007.) (1) The activities and operations of the program are exempt from the provisions and
requirements of Title 48 RCW and to the extent of their participation in the program, the activities and operations of the
insurer selected by the director to provide liability insurance
coverage to owners and operators of underground storage
tanks are exempt from the requirements of Title 48 RCW
except for:
(a) Chapter 48.03 RCW pertaining to examinations;
(b) RCW 48.05.250 pertaining to annual reports;
(c) Chapter 48.12 RCW pertaining to assets and liabilities;
(d) Chapter 48.13 RCW pertaining to investments;
(e) Chapter 48.30 RCW pertaining to deceptive, false, or
fraudulent acts or practices; and
(f) Chapter 48.92 RCW pertaining to liability risk retention.
(2) To the extent of their participation in the program, the
insurer selected by the director to provide liability insurance
coverage to owners and operators of underground storage
tanks shall not participate in the Washington insurance guaranty association nor shall the association be liable for coverage provided to owners and operators of underground storage
tanks issued in connection with the program. [1990 c 64 §
10; 1989 c 383 § 10.]
(2004 Ed.)
70.148.130
70.148.110
70.148.110 Reservation of legislative power. (Expires
June 1, 2007.) The legislature reserves the right to amend or
repeal all or any part of this chapter at any time, and there is
no vested right of any kind against such amendment or
repeal. All the rights, privileges, or immunities conferred by
this chapter or any acts done under it exist subject to the
power of the legislature to amend or repeal this chapter at any
time. [1989 c 383 § 12.]
70.148.120
70.148.120 Financial assistance for corrective actions
in small communities—Intent. (Expires June 1, 2007.)
The legislature recognizes as a fundamental government purpose the need to protect the environment and human health
and safety. To that end the state has enacted laws designed to
limit and prevent environmental damage and risk to public
health and safety caused by underground petroleum storage
tank leaks. Because of the costs associated with compliance
with such laws and the high costs associated with correcting
past environmental damage, many owners and operators of
underground petroleum storage tanks have discontinued the
use of or have planned to discontinue the use of such tanks.
As a consequence, isolated communities face the loss of their
source of motor vehicle fuel and face the risk that the owner
or operator will have insufficient funds to take corrective
action for pollution caused by past leaks from the tanks. In
particular, rural communities face the risk that essential
emergency, medical, fire and police services may be disrupted through the diminution or elimination of local sellers
of petroleum products and by the closure of underground
storage tanks owned by local government entities serving
these communities.
The legislature also recognizes as a fundamental government purpose the need to preserve a minimum level of economic viability in rural communities so that public revenues
generated from economic activity are sufficient to sustain
necessary governmental functions. The closing of local service stations adversely affects local economies by reducing
or eliminating reasonable access to fuel for agricultural, commercial, and transportation needs.
The legislature intends to assist small communities
within this state by authorizing:
(1) Cities, towns, and counties to certify that a local private owner or operator of an underground petroleum storage
tank meets a vital local government, public health or safety
need thereby qualifying the owner or operator for state financial assistance in complying with environmental regulations
and assistance in taking needed corrective action for existing
tank leaks; and
(2) Local government entities to obtain state financial
assistance to bring local government underground petroleum
storage tanks into compliance with environmental regulations and to take needed corrective action for existing tank
leaks. [1991 c 4 § 1.]
Severability—1991 c 4: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1991 c 4 § 10.]
70.148.130
70.148.130 Financial assistance—Criteria. (Expires
June 1, 2007.) (1) Subject to the conditions and limitations
of RCW 70.148.120 through 70.148.170, the director shall
[Title 70 RCW—page 395]
70.148.140
Title 70 RCW: Public Health and Safety
establish and manage a program for providing financial assistance to public and private owners and operators of underground storage tanks who have been certified by the governing body of the county, city, or town in which the tanks are
located as meeting a vital local government, public health or
safety need. In providing such financial assistance the director shall:
(a) Require owners and operators, including local government owners and operators, to demonstrate serious financial hardship;
(b) Limit assistance to only that amount necessary to
supplement applicant financial resources;
(c) Limit assistance to no more than one hundred fifty
thousand dollars in value for any one underground storage
tank site of which amount no more than seventy-five thousand dollars in value may be provided for corrective action;
and
(d) Whenever practicable, provide assistance through the
direct payment of contractors and other professionals for
labor, materials, and other services.
(2) Except as otherwise provided in RCW 70.148.120
through 70.148.170, no grant of financial assistance may be
used for any purpose other than for corrective action and
repair, replacement, reconstruction, and improvement of
underground storage tanks and tank sites. If at any time prior
to providing financial assistance or in the course of providing
such assistance, it appears to the director that corrective
action costs may exceed seventy-five thousand dollars, the
director may not provide further financial assistance until the
owner or operator has developed and implemented a corrective action plan with the department of ecology.
(3) When requests for financial assistance exceed available funds, the director shall give preference to providing
assistance first to those underground storage tank sites which
constitute the sole source of petroleum products in remote
rural communities.
(4) The director shall consult with the department of
ecology in approving financial assistance for corrective
action to ensure compliance with regulations governing
underground petroleum storage tanks and corrective action.
(5) The director shall approve or disapprove applications
for financial assistance within sixty days of receipt of a completed application meeting the requirements of RCW
70.148.120 through 70.148.170. The certification by local
government of an owner or operator shall not preclude the
director from disapproving an application for financial assistance if the director finds that such assistance would not meet
the purposes of RCW 70.148.120 through 70.148.170.
(6) The director may adopt all rules necessary to implement the financial assistance program and shall consult with
the technical advisory committee established under RCW
70.148.030 in developing such rules and in reviewing applications for financial assistance. [1991 c 4 § 2.]
Severability—1991 c 4: See note following RCW 70.148.120.
70.148.140
70.148.140 Financial assistance—Private owner or
operator. (Expires June 1, 2007.) (1) To qualify for financial assistance, a private owner or operator retailing petroleum products to the public must:
[Title 70 RCW—page 396]
(a) First apply for insurance from the pollution liability
insurance program and request financial assistance in a form
and manner required by the director;
(b) If the director makes a preliminary determination of
possible eligibility for financial assistance, apply to the
appropriate governing body of the city or town in which the
tanks are located or in the case where the tanks are located
outside of the jurisdiction of a city or town, then to the appropriate governing body of the county in which the tanks are
located, for a determination by the governing body of the
city, town, or county that the continued operation of the tanks
meets a vital local government, or public health or safety
need; and
(c) Qualify for insurance coverage from the pollution liability insurance program if such financial assistance were to
be provided.
(2) In consideration for financial assistance and prior to
receiving such assistance the owner and operator must enter
into an agreement with the state whereby the owner and operator agree:
(a) To sell petroleum products to the public;
(b) To maintain the tank site for use in the retail sale of
petroleum products for a period of not less than fifteen years
from the date of agreement;
(c) To sell petroleum products to local government entities within the affected community on a cost-plus basis periodically negotiated between the owner and operator and the
city, town, or county in which the tanks are located; and
(d) To maintain compliance with state underground storage tank financial responsibility and environmental regulations.
(3) The agreement shall be filed as a real property lien
against the tank site with the county auditor [of the county] in
which the tanks are located. If the owner or operator transfers
his or her interest in such property, the new owner or operator
must agree to abide by the agreement or any financial assistance provided under RCW 70.148.120 through 70.148.170
shall be immediately repaid to the state by the owner or operator who received such assistance.
(4) As determined by the director, if an owner or operator materially breaches the agreement, any financial assistance provided shall be immediately repaid by such owner or
operator.
(5) The agreement between an owner and operator and
the state required under this section shall expire fifteen years
from the date of entering into the agreement. [1991 c 4 § 3.]
Severability—1991 c 4: See note following RCW 70.148.120.
70.148.150
70.148.150 Financial assistance—Public owner or
operator. (Expires June 1, 2007.) (1) To qualify for financial assistance, a public owner or operator must:
(a) First apply for insurance from the pollution liability
insurance program and request financial assistance in a form
and manner required by the director;
(b) Provide to the director a copy of the resolution by the
governing body of the city, town, or county having jurisdiction, finding that the continued operation of the tanks is necessary to maintain vital local public health, education, or
safety needs;
(2004 Ed.)
Heating Oil Pollution Liability Protection Act
(c) Qualify for insurance coverage from the pollution liability insurance program if such financial assistance were to
be provided.
(2) The director shall give priority to and shall encourage
local government entities to consolidate multiple operational
underground storage tank sites into as few sites as possible.
For this purpose, the director may provide financial assistance for the establishment of a new local government underground storage tank site contingent upon the closure of other
operational sites in accordance with environmental regulations. Within the per site financial limits imposed under
RCW 70.148.120 through 70.148.170, the director may
authorize financial assistance for the closure of operational
sites when closure is for the purpose of consolidation. [1991
c 4 § 4.]
Severability—1991 c 4: See note following RCW 70.148.120.
70.149.010
be sold on a cost-plus basis to the local government entities in
the affected communities and the entities eligible to receive
petroleum products at such price; and
(d) State the vital need or needs that the owner or operator meets.
(3) In certifying a hospital as meeting local public health
and safety needs the local government shall:
(a) Consider and find that the continued use of the underground storage tank by the hospital is necessary; and
(b) Consider and find that the hospital provides health
care services to the poor and otherwise provides charity care.
(4) The director shall notify the governing body of the
city, town, or county providing certification when financial
assistance for a private owner or operator has been approved.
[1991 c 4 § 6.]
Severability—1991 c 4: See note following RCW 70.148.120.
70.148.160
70.148.160 Financial assistance—Rural hospitals.
(Expires June 1, 2007.) To qualify for financial assistance, a
rural hospital as defined in *RCW 18.89.020, owning or
operating an underground storage tank must:
(1) First apply for insurance from the pollution liability
insurance program and request financial assistance in a form
and manner required by the director;
(2) Apply to the governing body of the city, town, or
county in which the hospital is located for certification that
the continued operation of the tank or tanks is necessary to
maintain vital local public health or safety needs;
(3) Qualify for insurance coverage from the pollution liability insurance program if such financial assistance were to
be provided; and
(4) Agree to provide charity care as defined in **RCW
70.39.020 in an amount of equivalent value to the financial
assistance provided under RCW 70.148.120 through
70.148.170. The director shall consult with the department of
health to monitor and determine the time period over which
such care should be expected to be provided in the local community. [1991 c 4 § 5.]
Reviser's note: *(1) RCW 18.89.020 was amended by 1997 c 334 § 3,
deleting the definition of "rural hospital."
**(2) RCW 70.39.020 was repealed by 1982 c 223 § 10, effective June
30, 1990.
Severability—1991 c 4: See note following RCW 70.148.120.
70.148.170
70.148.170 Certification. (Expires June 1, 2007.) (1)
The director shall develop and distribute to appropriate cities,
towns, and counties a form for use by the local government in
making the certification required for all private owner and
operator financial assistance along with instructions on the
use of such form.
(2) In certifying a private owner or operator retailing
petroleum products to the public as meeting vital local government, public health or safety needs, the local government
shall:
(a) Consider and find that other retail suppliers of petroleum products are located remote from the local community;
(b) Consider and find that the owner or operator requesting certification is capable of faithfully fulfilling the agreement required for financial assistance;
(c) Designate the local government official who will be
responsible for negotiating the price of petroleum products to
(2004 Ed.)
70.148.900
70.148.900 Expiration of chapter. This chapter shall
expire June 1, 2007. [2000 c 16 § 1; 1995 c 12 § 2; 1989 c
383 § 13.]
Effective date—1995 c 12: See note following RCW 70.148.050.
70.148.901
70.148.901 Severability—1989 c 383. (Expires June 1,
2007.) If any provision of this act or its application to any
person or circumstance is held invalid, the remainder of the
act or the application of the provision to other persons or circumstances is not affected. [1989 c 383 § 20.]
Chapter 70.149
Chapter 70.149 RCW
HEATING OIL POLLUTION LIABILITY
PROTECTION ACT
Sections
70.149.010
70.149.020
70.149.030
70.149.040
70.149.050
70.149.060
70.149.070
70.149.080
70.149.090
70.149.100
70.149.900
70.149.901
Intent—Findings.
Short title.
Definitions.
Duties of director.
Selection of insurer to provide pollution liability insurance—
Eligibility for coverage.
Exemptions from Title 48 RCW—Exceptions.
Heating oil pollution liability trust account.
Pollution liability insurance fee.
Certain information confidential and exempt from chapter
42.17 RCW—Exceptions.
Application of RCW 19.86.020 through 19.86.060.
Expiration of chapter.
Severability—1995 c 20.
70.149.010
70.149.010 Intent—Findings. (Expires June 1, 2007.)
It is the intent of the legislature to establish a temporary regulatory program to assist owners and operators of heating oil
tanks. The legislature finds that it is in the best interests of all
citizens for heating oil tanks to be operated safely and for
tank leaks or spills to be dealt with expeditiously. The legislature further finds that it is necessary to protect tank owners
from the financial hardship related to damaged heating oil
tanks. The problem is especially acute because owners and
operators of heating oil tanks used for space heating have
been unable to obtain pollution liability insurance or insurance has been unaffordable. [1995 c 20 § 1.]
[Title 70 RCW—page 397]
70.149.020
Title 70 RCW: Public Health and Safety
70.149.020
70.149.020 Short title. (Expires June 1, 2007.) This
chapter may be known and cited as the Washington state
heating oil pollution liability protection act. [1995 c 20 § 2.]
70.149.030
70.149.030 Definitions. (Expires June 1, 2007.)
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this chapter.
(1) "Accidental release" means a sudden or nonsudden
release of heating oil, occurring after July 23, 1995, from
operating a heating oil tank that results in bodily injury, property damage, or a need for corrective action, neither expected
nor intended by the owner or operator.
(2) "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death at any time,
resulting from the injury, sickness, or disease.
(3)(a) "Corrective action" means those actions reasonably required to be undertaken by the insured to remove,
treat, neutralize, contain, or clean up an accidental release in
order to comply with a statute, ordinance, rule, regulation,
directive, order, or similar legal requirement, in effect at the
time of an accidental release, of the United States, the state of
Washington, or a political subdivision of the United States or
the state of Washington. "Corrective action" includes, where
agreed to in writing, in advance by the insurer, action to
remove, treat, neutralize, contain, or clean up an accidental
release to avert, reduce, or eliminate the liability of the
insured for corrective action, bodily injury, or property damage. "Corrective action" also includes actions reasonably necessary to monitor, assess, and evaluate an accidental release.
(b) "Corrective action" does not include:
(i) Replacement or repair of heating oil tanks or other
receptacles; or
(ii) Replacement or repair of piping, connections, and
valves of tanks or other receptacles.
(4) "Defense costs" include the costs of legal representation, expert fees, and related costs and expenses incurred in
defending against claims or actions brought by or on behalf
of:
(a) The United States, the state of Washington, or a political subdivision of the United States or state of Washington to
require corrective action or to recover costs of corrective
action; or
(b) A third party for bodily injury or property damage
caused by an accidental release.
(5) "Director" means the director of the Washington state
pollution liability insurance agency or the director's
appointed representative.
(6) "Heating oil" means any petroleum product used for
space heating in oil-fired furnaces, heaters, and boilers,
including stove oil, diesel fuel, or kerosene. "Heating oil"
does not include petroleum products used as fuels in motor
vehicles, marine vessels, trains, buses, aircraft, or any offhighway equipment not used for space heating, or for industrial processing or the generation of electrical energy.
(7) "Heating oil tank" means a tank and its connecting
pipes, whether above or below ground, or in a basement, with
pipes connected to the tank for space heating of human living
or working space on the premises where the tank is located.
"Heating oil tank" does not include a decommissioned or
abandoned heating oil tank, or a tank used solely for indus[Title 70 RCW—page 398]
trial process heating purposes or generation of electrical
energy.
(8) "Occurrence" means an accident, including continuous or repeated exposure to conditions, that results in a
release from a heating oil tank.
(9) "Owner or operator" means a person in control of, or
having responsibility for, the daily operation of a heating oil
tank.
(10) "Pollution liability insurance agency" means the
Washington state pollution liability insurance agency.
(11) "Property damage" means:
(a) Physical injury to, destruction of, or contamination of
tangible property, including the loss of use of the property
resulting from the injury, destruction, or contamination; or
(b) Loss of use of tangible property that has not been
physically injured, destroyed, or contaminated but has been
evacuated, withdrawn from use, or rendered inaccessible
because of an accidental release.
(12) "Release" means a spill, leak, emission, escape, or
leaching into the environment.
(13) "Remedial action costs" means reasonable costs that
are attributable to or associated with a remedial action.
(14) "Tank" means a stationary device, designed to contain an accumulation of heating oil, that is constructed primarily of nonearthen materials such as concrete, steel, fiberglass, or plastic that provides structural support.
(15) "Third-party liability" means the liability of a heating oil tank owner to another person due to property damage
or personal injury that results from a leak or spill. [1995 c 20
§ 3.]
70.149.040
70.149.040 Duties of director. (Expires June 1, 2007.)
The director shall:
(1) Design a program for providing pollution liability
insurance for heating oil tanks that provides up to sixty thousand dollars per occurrence coverage and aggregate limits,
and protects the state of Washington from unwanted or unanticipated liability for accidental release claims;
(2) Administer, implement, and enforce the provisions of
this chapter. To assist in administration of the program, the
director is authorized to appoint up to two employees who are
exempt from the civil service law, chapter 41.06 RCW, and
who shall serve at the pleasure of the director;
(3) Administer the heating oil pollution liability trust
account, as established under RCW 70.149.070;
(4) Employ and discharge, at his or her discretion,
agents, attorneys, consultants, companies, organizations, and
employees as deemed necessary, and to prescribe their duties
and powers, and fix their compensation;
(5) Adopt rules under chapter 34.05 RCW as necessary
to carry out the provisions of this chapter;
(6) Design and from time to time revise a reinsurance
contract providing coverage to an insurer or insurers meeting
the requirements of this chapter. The director is authorized to
provide reinsurance through the pollution liability insurance
program trust account;
(7) Solicit bids from insurers and select an insurer to provide pollution liability insurance for third-party bodily injury
and property damage, and corrective action to owners and
operators of heating oil tanks;
(2004 Ed.)
Heating Oil Pollution Liability Protection Act
(8) Register, and design a means of accounting for, operating heating oil tanks;
(9) Implement a program to provide advice and technical
assistance to owners and operators of active and abandoned
heating oil tanks if contamination from an active or abandoned heating oil tank is suspected. Advice and assistance
regarding administrative and technical requirements may
include observation of testing or site assessment and review
of the results of reports. If the director finds that contamination is not present or that the contamination is apparently
minor and not a threat to human health or the environment,
the director may provide written opinions and conclusions on
the results of the investigation to owners and operators of
active and abandoned heating oil tanks. The agency is authorized to collect, from persons requesting advice and assistance, the costs incurred by the agency in providing such
advice and assistance. The costs may include travel costs and
expenses associated with review of reports and preparation of
written opinions and conclusions. Funds from cost reimbursement must be deposited in the heating oil pollution liability trust account. The state of Washington, the pollution
liability insurance agency, and its officers and employees are
immune from all liability, and no cause of action arises from
any act or omission in providing, or failing to provide, such
advice, opinion, conclusion, or assistance;
(10) Establish a public information program to provide
information regarding liability, technical, and environmental
requirements associated with active and abandoned heating
oil tanks;
(11) Monitor agency expenditures and seek to minimize
costs and maximize benefits to ensure responsible financial
stewardship;
(12) Create an advisory committee of stakeholders to
advise the director on all aspects of program operations and
fees authorized by this chapter, including pollution prevention programs. The advisory committee must have one member each from the Pacific Northwest oil heat council, the
Washington oil marketers association, the western states
petroleum association, and the department of ecology and
three members from among the owners of home heating oil
tanks registered with the pollution liability insurance agency
who are generally representative of the geographical distribution and types of registered owners. The committee should
meet at least quarterly, or more frequently at the discretion of
the director; and
(13) Study if appropriate user fees to supplement program funding are necessary and develop recommendations
for legislation to authorize such fees. [2004 c 203 § 1; 1997
c 8 § 1; 1995 c 20 § 4.]
Expiration date—1997 c 8: "This act expires June 1, 2007." [2000 c
16 § 5; 1997 c 8 § 3.]
70.149.050
70.149.050 Selection of insurer to provide pollution
liability insurance—Eligibility for coverage. (Expires
June 1, 2007.) (1) In selecting an insurer to provide pollution
liability insurance coverage to owners and operators of heating oil tanks used for space heating, the director shall evaluate bids based upon criteria established by the director that
shall include:
(a) The insurer's ability to underwrite pollution liability
insurance;
(2004 Ed.)
70.149.070
(b) The insurer's ability to settle pollution liability claims
quickly and efficiently;
(c) The insurer's estimate of underwriting and claims
adjustment expenses;
(d) The insurer's estimate of premium rates for providing
coverage;
(e) The insurer's ability to manage and invest premiums;
and
(f) The insurer's ability to provide risk management
guidance to insureds.
(2) The director shall select the bidder most qualified to
provide insurance consistent with this chapter and need not
select the bidder submitting the least expensive bid. The
director may consider bids by groups of insurers and management companies who propose to act in concert in providing
coverage and who otherwise meet the requirements of this
chapter.
(3) Owners and operators of heating oil tanks, or sites
containing heating oil tanks where a preexisting release has
been identified or where the owner or operator knows of a
preexisting release are eligible for coverage under the program subject to the following conditions:
(a) The owner or operator must have a plan for proceeding with corrective action; and
(b) If the owner or operator files a claim with the insurer,
the owner or operator has the burden of proving that the claim
is not related to a preexisting release until the owner or operator demonstrates to the satisfaction of the director that corrective action has been completed. [1995 c 20 § 5.]
70.149.060
70.149.060 Exemptions from Title 48 RCW—Exceptions. (Expires June 1, 2007.) (1) The activities and operations of the program are exempt from the provisions and
requirements of Title 48 RCW and to the extent of their participation in the program, the activities and operations of the
insurer selected by the director to provide liability insurance
coverage to owners and operators of heating oil tanks are
exempt from the requirements of Title 48 RCW except for:
(a) Chapter 48.03 RCW pertaining to examinations;
(b) RCW 48.05.250 pertaining to annual reports;
(c) Chapter 48.12 RCW pertaining to assets and liabilities;
(d) Chapter 48.13 RCW pertaining to investments;
(e) Chapter 48.30 RCW pertaining to deceptive, false, or
fraudulent acts or practices; and
(f) Chapter 48.92 RCW pertaining to liability risk retention.
(2) To the extent of their participation in the program, the
insurer selected by the director to provide liability insurance
coverage to owners and operators of heating oil tanks shall
not participate in the Washington insurance guaranty association nor shall the association be liable for coverage provided
to owners and operators of heating oil tanks issued in connection with the program. [1995 c 20 § 6.]
70.149.070
70.149.070 Heating oil pollution liability trust
account. (Expires June 1, 2007.) (1) The heating oil pollution liability trust account is created in the custody of the state
treasurer. All receipts from the pollution liability insurance
fee collected under RCW 70.149.080 and reinsurance premi[Title 70 RCW—page 399]
70.149.080
Title 70 RCW: Public Health and Safety
ums shall be deposited into the account. Expenditures from
the account may be used only for the purposes set out under
this chapter. Only the director or the director's designee may
authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but
no appropriation is required for expenditures. Any residue in
the account in excess of funds needed to meet administrative
costs for January of the following year shall be transferred at
the end of the calendar year to the pollution liability insurance program trust account.
(2) Money in the account may be used by the director for
the following purposes:
(a) Corrective action costs;
(b) Third-party liability claims;
(c) Costs associated with claims administration;
(d) Purchase of an insurance policy to cover all registered heating oil tanks, and reinsurance of the policy; and
(e) Administrative expenses of the program, including
personnel, equipment, supplies, and providing advice and
technical assistance. [2004 c 203 § 2; 1997 c 8 § 2; 1995 c 20
§ 7.]
Expiration date—1997 c 8: See note following RCW 70.149.040.
(b) A person or organization officially connected with
the insurer as officer, director, attorney, auditor, or independent attorney or independent auditor; and
(c) The attorney general in his or her role as legal advisor
to the director. [1995 c 20 § 9.]
70.149.100
70.149.100 Application of RCW 19.86.020 through
19.86.060. (Expires June 1, 2007.) Nothing contained in this
chapter shall authorize any commercial conduct which is prohibited by RCW 19.86.020 through 19.86.060, and no section
of this chapter shall be deemed to be an implied repeal of any
of those sections of the Revised Code of Washington. [1995
c 20 § 10.]
70.149.900
70.149.900 Expiration of chapter. Sections 1 through
11 of this act shall expire June 1, 2007. [2000 c 16 § 2; 1995
c 20 § 14.]
70.149.901
70.149.901 Severability—1995 c 20. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1995 c 20 § 16.]
70.149.080
70.149.080 Pollution liability insurance fee. (Expires
June 1, 2007.) (1) A pollution liability insurance fee of one
and two-tenths cents per gallon of heating oil purchased
within the state shall be imposed on every special fuel dealer,
as the term is defined in chapter 82.38 RCW, making sales of
heating oil to a user or consumer.
(2) The pollution liability insurance fee shall be remitted
by the special fuel dealer to the department of licensing.
(3) The fee proceeds shall be used for the specific regulatory purposes of this chapter.
(4) The fee imposed by this section shall not apply to
heating oil exported or sold for export from the state. [2004
c 203 § 3; 1995 c 20 § 8.]
Effective date—2004 c 203 § 3: "Section 3 of this act takes effect July
1, 2004." [2004 c 203 § 5.]
70.149.090
70.149.090 Certain information confidential and
exempt from chapter 42.17 RCW—Exceptions. (Expires
June 1, 2007.) The following shall be confidential and
exempt under chapter 42.17 RCW, subject to the conditions
set forth in this section:
(1) All examination and proprietary reports and information obtained by the director and the director's staff in soliciting bids from insurers and in monitoring the insurer selected
by the director may not be made public or otherwise disclosed to any person, firm, corporation, agency, association,
governmental body, or other entity.
(2) All information obtained by the director or the director's staff related to registration of heating oil tanks to be
insured may not be made public or otherwise disclosed to any
person, firm, corporation, agency, association, governmental
body, or other entity.
(3) The director may furnish all or part of examination
reports prepared by the director or by any person, firm, corporation, association, or other entity preparing the reports on
behalf of the director to:
(a) The Washington state insurance commissioner;
[Title 70 RCW—page 400]
Chapter 70.150 RCW
WATER QUALITY JOINT DEVELOPMENT ACT
Chapter 70.150
Sections
70.150.010
70.150.020
70.150.030
70.150.040
70.150.050
70.150.060
70.150.070
70.150.080
70.150.900
70.150.905
Purpose—Legislative intent.
Definitions.
Agreements with service providers—Contents—Sources of
funds for periodic payments under agreements.
Service agreements and related agreements—Procedural
requirements.
Sale, lease, or assignment of public property to service provider—Use for services to public body.
Public body eligible for grants or loans—Use of grants or
loans.
RCW 70.150.030 through 70.150.060 to be additional method
of providing services.
Application of other chapters to service agreements under this
chapter—Prevailing wages.
Short title.
Severability—1986 c 244.
70.150.010
70.150.010 Purpose—Legislative intent. The longrange health and economic and environmental goals for the
state of Washington require the protection of the state's surface and underground waters for the health, safety, use, and
enjoyment of its people. It is the purpose of this chapter to
provide public bodies an additional means by which to provide for financing, development, and operation of water pollution control facilities needed for achievement of state and
federal water pollution control requirements for the protection of the state's waters.
It is the intent of the legislature that public bodies be
authorized to provide service from water pollution control
facilities by means of service agreements with public or private parties as provided in this chapter. [1986 c 244 § 1.]
70.150.020
70.150.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(2004 Ed.)
Water Quality Joint Development Act
(1) "Water pollution control facilities" or "facilities"
means any facilities, systems, or subsystems owned or operated by a public body, or owned or operated by any person or
entity for the purpose of providing service to a public body,
for the control, collection, storage, treatment, disposal, or
recycling of wastewater, including but not limited to sanitary
sewage, storm water, residential wastes, commercial wastes,
industrial wastes, and agricultural wastes, that are causing or
threatening the degradation of subterranean or surface bodies
of water due to concentrations of conventional, nonconventional, or toxic pollutants. Water pollution control facilities
do not include dams or water supply systems.
(2) "Public body" means the state of Washington or any
agency, county, city or town, political subdivision, municipal
corporation, or quasi-municipal corporation.
(3) "Water pollution" means such contamination, or
other alteration of the physical, chemical, or biological properties of any surface or subterranean waters of the state,
including change in temperature, taste, color, turbidity, or
odor of the waters, or such discharge of any liquid, gaseous,
solid, radioactive, or other substance into any waters of the
state as will or is likely to create a nuisance or render such
waters harmful, detrimental, or injurious to the public health,
safety, or welfare, or to domestic, commercial, industrial,
agricultural, recreational, or other legitimate beneficial uses,
or to livestock, wild animals, birds, fish, or other aquatic life.
(4) "Agreement" means any agreement to which a public
body and a service provider are parties by which the service
provider agrees to deliver service to such public body in connection with its design, financing, construction, ownership,
operation, or maintenance of water pollution control facilities
in accordance with this chapter.
(5) "Service provider" means any privately owned or
publicly owned profit or nonprofit corporation, partnership,
joint venture, association, or other person or entity that is
legally capable of contracting for and providing service with
respect to the design, financing, ownership, construction,
operation, or maintenance of water pollution control facilities
in accordance with this chapter. [1986 c 244 § 2.]
70.150.030
70.150.030 Agreements with service providers—
Contents—Sources of funds for periodic payments under
agreements. (1) Public bodies may enter into agreements
with service providers for the furnishing of service in connection with water pollution control facilities pursuant to the
process set forth in RCW 70.150.040. The agreements may
provide that a public body pay a minimum periodic fee in
consideration of the service actually available without regard
to the amount of service actually used during all or any part
of the contractual period. Agreements may be for a term not
to exceed forty years or the life of the facility, whichever is
longer, and may be renewable.
(2) The source of funds to meet periodic payment obligations assumed by a public body pursuant to an agreement permitted under this section may be paid from taxes, or solely
from user fees, charges, or other revenues pledged to the payment of the periodic obligations, or any of these sources.
[1986 c 244 § 3.]
(2004 Ed.)
70.150.040
70.150.040
70.150.040 Service agreements and related agreements—Procedural requirements. The legislative authority of a public body may secure services by means of an
agreement with a service provider. Such an agreement may
obligate a service provider to design, finance, construct, own,
operate, or maintain water pollution control facilities by
which services are provided to the public body. Service
agreements and related agreements under this chapter shall
be entered into in accordance with the following procedure:
(1) The legislative authority of the public body shall publish notice that it is seeking to secure certain specified services by means of entering into an agreement with a service
provider. The notice shall be published in the official newspaper of the public body, or if there is no official newspaper
then in a newspaper in general circulation within the boundaries of the public body, at least once each week for two consecutive weeks. The final notice shall appear not less than
sixty days before the date for submission of proposals. The
notice shall state (a) the nature of the services needed, (b) the
location in the public body's offices where the requirements
and standards for construction, operation, or maintenance of
projects needed as part of the services are available for
inspection, and (c) the final date for the submission of proposals. The legislative authority may undertake a prequalification process by the same procedure set forth in this subsection.
(2) The request for proposals shall (a) indicate the time
and place responses are due, (b) include evaluation criteria to
be considered in selecting a service provider, (c) specify minimum requirements or other limitations applying to selection,
(d) insofar as practicable, set forth terms and provisions to be
included in the service agreement, and (e) require the service
provider to demonstrate in its proposal that a public body's
annual costs will be lower under its proposal than they would
be if the public body financed, constructed, owned, operated,
and maintained facilities required for service.
(3) The criteria set forth in the request for proposals shall
be those determined to be relevant by the legislative authority
of the public body, which may include but shall not be limited
to: The respondent's prior experience, including design, construction, or operation of other similar facilities; respondent's
management capability, schedule availability, and financial
resources; cost of the service; nature of facility design proposed by respondents; system reliability; performance standards required for the facilities; compatibility with existing
service facilities operated by the public body or other providers of service to the public body; project performance warranties; penalty and other enforcement provisions; environmental protection measures to be used; and allocation of project
risks. The legislative authority shall designate persons or
entities (a) to assist it in issuing the request for proposals to
ensure that proposals will be responsive to its needs, and (b)
to assist it in evaluating the proposals received. The designee
shall not be a member of the legislative authority.
(4) After proposals under subsections (1) through (3) of
this section have been received, the legislative authority's
designee shall determine, on the basis of its review of the proposals, whether one or more proposals have been received
from respondents which are (a) determined to be qualified to
provide the requested services, and (b) responsive to the
notice and evaluation criteria, which shall include, but not be
[Title 70 RCW—page 401]
70.150.050
Title 70 RCW: Public Health and Safety
limited to, cost of services. These chosen respondents shall
be referred to as the selected respondents in this section. The
designee shall conduct a bidder's conference to include all
these selected respondents to assure a full understanding of
the proposals. The bidder's conference shall also allow the
designee to make these selected respondents aware of any
changes in the request for proposal. Any information related
to revisions in the request for proposal shall be made available to all these selected respondents. Any selected respondent shall be accorded a reasonable opportunity for revision
of its proposal prior to commencement of the negotiation provided in subsection (5) of this section, for the purpose of
obtaining best and final proposals.
(5) After such conference is held, the designee may
negotiate with the selected respondent whose proposal it
determines to be the most advantageous to the public body,
considering the criteria set forth in the request for proposals.
If the negotiation is unsuccessful, the legislative authority
may authorize the designee to commence negotiations with
any other selected respondent. On completion of this process,
the designee shall report to the legislative authority on his or
her recommendations and the reasons for them.
(6) Any person aggrieved by the legislative authority's
approval of a contract may appeal the determination to an
appeals board selected by the public body, which shall consist of not less than three persons determined by the legislative authority to be qualified for such purposes. Such board
shall promptly hear and determine whether the public body
entered into the agreement in accordance with this chapter
and other applicable law. The hearing shall be conducted in
the same manner as an adjudicative proceeding under chapter
34.05 RCW. The board shall have the power only to affirm or
void the agreement.
(7) Notwithstanding the foregoing, where contracting for
design services by the public body is done separately from
contracting for other services permitted under this chapter,
the contracting for design of water pollution control facilities
shall be done in accordance with chapter 39.80 RCW.
(8) A service agreement shall include provision for an
option by which a public body may acquire at fair market
value facilities dedicated to such service.
(9) Before any service agreement is entered into by the
public body, it shall be reviewed and approved by the department of ecology to ensure that the purposes of chapter 90.48
RCW are implemented.
(10) Prior to entering into any service agreement under
this chapter, the public body must have made written findings, after holding a public hearing on the proposal, that it is
in the public interest to enter into the service agreement and
that the service agreement is financially sound and advantageous compared to other methods.
(11) Each service agreement shall include project performance bonds or other security by the service provider which
in the judgment of the public body is sufficient to secure adequate performance by the service provider. [1989 c 175 §
136; 1986 c 244 § 4.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Competitive bids—Inapplicability to certain agreements: RCW 35.22.625
and 36.32.265.
[Title 70 RCW—page 402]
70.150.050
70.150.050 Sale, lease, or assignment of public property to service provider—Use for services to public body.
A public body may sell, lease, or assign public property for
fair market value to any service provider as part of a service
agreement entered into under the authority of this chapter.
The property sold or leased shall be used by the provider,
directly or indirectly, in providing services to the public
body. Such use may include demolition, modification, or
other use of the property as may be necessary to execute the
purposes of the service agreement. [1986 c 244 § 5.]
70.150.060
70.150.060 Public body eligible for grants or loans—
Use of grants or loans. A public body that enters into a service agreement pursuant to this chapter, under which a facility is owned wholly or partly by a service provider, shall be
eligible for grants or loans to the extent permitted by law or
regulation as if the entire portion of the facility dedicated to
service to such public body were publicly owned. The grants
or loans shall be made to and shall inure to the benefit of the
public body and not the service provider. Such grants or loans
shall be used by the public body for all or part of its ownership interest in the facility, and/or to defray a part of the payments it makes to the service provider under a service agreement if such uses are permitted under the grant or loan program. [1986 c 244 § 6.]
70.150.070
70.150.070 RCW 70.150.030 through 70.150.060 to
be additional method of providing services. RCW
70.150.030 through 70.150.060 shall be deemed to provide
an additional method for the provision of services from and in
connection with facilities and shall be regarded as supplemental and additional to powers conferred by other state laws
and by federal laws. [1986 c 244 § 7.]
70.150.080
70.150.080 Application of other chapters to service
agreements under this chapter—Prevailing wages. (1)
The provisions of chapters 39.12, 39.19, and *39.25 RCW
shall apply to a service agreement entered into under this
chapter to the same extent as if the facilities dedicated to such
service were owned by a public body.
(2) Subsection (1) of this section shall not be construed
to apply to agreements or actions by persons or entities which
are not undertaken pursuant to this chapter.
(3) Except for RCW 39.04.175, this chapter shall not be
construed as a limitation or restriction on the application of
Title 39 RCW to public bodies.
(4) Prevailing wages shall be established as the prevailing wage in the largest city of the county in which facilities
are built. [1986 c 244 § 8.]
*Reviser's note: Chapter 39.25 RCW was repealed by 1994 c 138 § 2.
70.150.900
70.150.900 Short title. This chapter may be cited as the
water quality joint development act. [1986 c 244 § 9.]
70.150.905
70.150.905 Severability—1986 c 244. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 244 § 18.]
(2004 Ed.)
Tobacco—Access to Minors
Chapter 70.155
Chapter 70.155 RCW
TOBACCO—ACCESS TO MINORS
Sections
70.155.005
70.155.010
70.155.020
70.155.030
70.155.040
70.155.050
70.155.060
70.155.070
70.155.080
70.155.090
70.155.100
70.155.105
70.155.110
70.155.120
70.155.130
70.155.900
Finding.
Definitions.
Cigarette wholesaler or retailer licensee duties—Prohibition
sign to be posted.
Cigarette machine location.
Cigarettes must be sold in original package—Exception.
Sampling—License required.
Sampling in public places.
Coupons.
Purchasing, possessing by persons under eighteen—Civil
infraction—Jurisdiction.
Age identification requirement.
Penalties, sanctions, and actions against licensees.
Delivery sale of cigarettes—Requirements, unlawful practices—Penalties—Enforcement.
Liquor control board authority.
Youth tobacco prevention account—Source and use of funds.
Preemption of political subdivisions.
Severability—1993 c 507.
70.155.040
(6) "Sample" means a tobacco product distributed to
members of the general public at no cost or at nominal cost
for product promotion purposes.
(7) "Sampler" means a person engaged in the business of
sampling other than a retailer.
(8) "Sampling" means the distribution of samples to
members of the general public in a public place.
(9) "Shipping container" means a container in which cigarettes are shipped in connection with a delivery sale.
(10) "Shipping documents" means bills of lading, airbills, or any other documents used to evidence the undertaking by a delivery service to deliver letters, packages, or other
containers.
(11) "Tobacco product" means a product that contains
tobacco and is intended for human consumption. [2003 c 113
§ 1; 1993 c 507 § 2.]
70.155.020
70.155.005 Finding. The legislature finds that while
present state law prohibits the sale and distribution of tobacco
to minors, youth obtain tobacco products with ease. Availability and lack of enforcement put tobacco products in the
hands of youth.
Federal law requires states to enforce laws prohibiting
sale and distribution of tobacco products to minors in a manner that can reasonably be expected to reduce the extent to
which the products are available to minors. It is imperative to
effectively reduce the sale, distribution, and availability of
tobacco products to minors. [1993 c 507 § 1.]
70.155.005
Minors and tobacco: RCW 26.28.080.
Taxation: Chapters 82.24 and 82.26 RCW.
Tobacco on school grounds: RCW 28A.210.310.
70.155.010 Definitions. The definitions set forth in
RCW 82.24.010 shall apply to RCW 70.155.020 through
70.155.130. In addition, for the purposes of this chapter,
unless otherwise required by the context:
(1) "Board" means the Washington state liquor control
board.
(2) "Delivery sale" means any sale of cigarettes to a consumer in the state where either: (a) The purchaser submits an
order for a sale by means of a telephonic or other method of
voice transmission, mail delivery, any other delivery service,
or the internet or other on-line service; or (b) the cigarettes
are delivered by use of mail delivery or any other delivery
service. A sale of cigarettes shall be a delivery sale regardless of whether the seller is located within or without the
state. A sale of cigarettes not for personal consumption to a
person who is a wholesaler licensed pursuant to chapter 82.24
RCW or a retailer pursuant to chapter 82.24 RCW is not a
delivery sale.
(3) "Delivery service" means any private carrier engaged
in the commercial delivery of letters, packages, or other containers that requires the recipient of that letter, package, or
container to sign to accept delivery.
(4) "Minor" refers to an individual who is less than eighteen years old.
(5) "Public place" means a public street, sidewalk, or
park, or any area open to the public in a publicly owned and
operated building.
70.155.010
(2004 Ed.)
70.155.020 Cigarette wholesaler or retailer licensee
duties—Prohibition sign to be posted. A person who holds
a license issued under RCW 82.24.520 or 82.24.530 shall:
(1) Display the license or a copy in a prominent location
at the outlet for which the license is issued; and
(2) Display a sign concerning the prohibition of tobacco
sales to minors.
Such sign shall:
(a) Be posted so that it is clearly visible to anyone purchasing tobacco products from the licensee;
(b) Be designed and produced by the department of
health to read: "THE SALE OF TOBACCO PRODUCTS
TO PERSONS UNDER AGE 18 IS STRICTLY PROHIBITED BY STATE LAW. IF YOU ARE UNDER 18, YOU
C O U L D B E P E NA L I Z E D F O R P U R C H A S I N G A
TOBACCO PRODUCT; PHOTO ID REQUIRED"; and
(c) Be provided free of charge by the liquor control
board. [1993 c 507 § 3.]
70.155.030
70.155.030 Cigarette machine location. No person
shall sell or permit to be sold any tobacco product through
any device that mechanically dispenses tobacco products
unless the device is located fully within premises from which
minors are prohibited or in industrial worksites where minors
are not employed and not less than ten feet from all entrance
or exit ways to and from each premise. The board shall adopt
rules that allow an exception to the requirement that a device
be located not less than ten feet from all entrance or exit ways
to and from a premise if it is architecturally impractical for
the device to be located not less than ten feet from all
entrance and exit ways. [1994 c 202 § 1; 1993 c 507 § 4.]
70.155.040
70.155.040 Cigarettes must be sold in original package—Exception. No person shall sell or permit to be sold
cigarettes not in the original unopened package or container
to which the stamps required by RCW 82.24.060 have been
affixed.
This section does not apply to the sale of loose leaf
tobacco by a retail business that generates a minimum of
sixty percent of annual gross sales from the sale of tobacco
products. [1993 c 507 § 5.]
[Title 70 RCW—page 403]
70.155.050
Title 70 RCW: Public Health and Safety
70.155.050
70.155.050 Sampling—License required. (1) No person may engage in the business of sampling within the state
unless licensed to do so by the board. If a firm contracts with
a manufacturer to distribute samples of the manufacturer's
products, that firm is deemed to be the person engaged in the
business of sampling.
(2) The board shall issue a license to a sampler not otherwise disqualified by RCW 70.155.100 upon application and
payment of the fee.
(3) A sampler's license expires on the thirtieth day of
June of each year and must be renewed annually upon payment of the appropriate fee.
(4) The board shall annually determine the fee for a sampler's license and each renewal. However, the fee for a manufacturer whose employees distribute samples within the
state is five hundred dollars per annum, and the fee for all
other samplers must be not less than fifty dollars per annum.
(5) A sampler's license entitles the licensee, and employees or agents of the licensee, to distribute samples at any lawful location in the state during the term of the license. A person engaged in sampling under the license shall carry the
license or a copy at all times. [1993 c 507 § 6.]
70.155.060
70.155.060 Sampling in public places. (1) No person
may distribute or offer to distribute samples in a public place.
This prohibition does not apply to sampling (a) in an area to
which persons under the age of eighteen are denied admission, (b) in or at a store or concession to which a retailer's
license has been issued, or (c) at or adjacent to a production,
repair, or outdoor construction site or facility.
(2) Notwithstanding subsection (1) of this section, no
person may distribute or offer to distribute samples in or on a
public street, sidewalk, or park that is within five hundred
feet of a playground, school, or other facility when that facility is being used primarily by persons under the age of eighteen for recreational, educational, or other purposes. [1993 c
507 § 7.]
70.155.070
70.155.070 Coupons. No person shall give or distribute
cigarettes or other tobacco products to a person by a coupon
if such coupon is redeemed in any manner that does not
require an in-person transaction in a retail store. [1993 c 507
§ 8.]
70.155.080
70.155.080 Purchasing, possessing by persons under
eighteen—Civil infraction—Jurisdiction. (1) A person
under the age of eighteen who purchases or attempts to purchase, possesses, or obtains or attempts to obtain cigarettes or
tobacco products commits a class 3 civil infraction under
chapter 7.80 RCW and is subject to a fine as set out in chapter
7.80 RCW or participation in up to four hours of community
restitution, or both. The court may also require participation
in a smoking cessation program. This provision does not
apply if a person under the age of eighteen, with parental
authorization, is participating in a controlled purchase as part
of a liquor control board, law enforcement, or local health
department activity.
(2) Municipal and district courts within the state have
jurisdiction for enforcement of this section. [2002 c 175 § 47;
1998 c 133 § 2; 1993 c 507 § 9.]
[Title 70 RCW—page 404]
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Intent—1998 c 133: "The legislature finds that the protection of adolescents' health requires a strong set of comprehensive health and
law enforcement interventions. We know that youth are deterred from using
alcohol in public because of existing laws making possession illegal. However, while the purchase of tobacco by youth is clearly prohibited, the possession of tobacco is not. It is the legislature's intent that youth hear consistent messages from public entities, including law enforcement, about public
opposition to their illegal use of tobacco products." [1998 c 133 § 1.]
70.155.090
70.155.090 Age identification requirement. (1)
Where there may be a question of a person's right to purchase
or obtain tobacco products by reason of age, the retailer, sampler, or agent thereof, shall require the purchaser to present
any one of the following officially issued identification that
shows the purchaser's age and bears his or her signature and
photograph: Liquor control authority card of identification of
a state or province of Canada; driver's license, instruction
permit, or identification card of a state or province of Canada;
"identicard" issued by the Washington state department of
licensing under chapter 46.20 RCW; United States military
identification; passport; or merchant marine identification
card issued by the United States coast guard.
(2) It is a defense to a prosecution under *RCW
26.28.080(4) that the person making a sale reasonably relied
on any of the officially issued identification as defined in subsection (1) of this section. The liquor control board shall
waive the suspension or revocation of a license if the licensee
clearly establishes that he or she acted in good faith to prevent violations and a violation occurred despite the licensee's
exercise of due diligence. [1993 c 507 § 10.]
*Reviser's note: RCW 26.28.080 was amended by 1994 sp.s. c 7 § 437,
and no longer has numbered subsections.
70.155.100
70.155.100 Penalties, sanctions, and actions against
licensees. (1) The liquor control board may suspend or
revoke a retailer's license held by a business at any location,
or may impose a monetary penalty as set forth in subsection
(2) of this section, if the liquor control board finds that the licensee has violated RCW 26.28.080, 70.155.020, 70.155.030,
70.155.040, 70.155.050, 70.155.060, 70.155.070, or
70.155.090.
(2) The sanctions that the liquor control board may
impose against a person licensed under RCW 82.24.530 and
70.155.050 and 70.155.060 based upon one or more findings
under subsection (1) of this section may not exceed the following:
(a) For violation of RCW 26.28.080 or 70.155.020:
(i) A monetary penalty of one hundred dollars for the
first violation within any two-year period;
(ii) A monetary penalty of three hundred dollars for the
second violation within any two-year period;
(iii) A monetary penalty of one thousand dollars and suspension of the license for a period of six months for the third
violation within any two-year period;
(iv) A monetary penalty of one thousand five hundred
dollars and suspension of the license for a period of twelve
months for the fourth violation within any two-year period;
(v) Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any two-year period;
(2004 Ed.)
Tobacco—Access to Minors
(b) For violations of RCW 70.155.030, a monetary penalty in the amount of one hundred dollars for each day upon
which such violation occurred;
(c) For violations of RCW 70.155.040 occurring on the
licensed premises:
(i) A monetary penalty of one hundred dollars for the
first violation within any two-year period;
(ii) A monetary penalty of three hundred dollars for the
second violation within any two-year period;
(iii) A monetary penalty of one thousand dollars and suspension of the license for a period of six months for the third
violation within any two-year period;
(iv) A monetary penalty of one thousand five hundred
dollars and suspension of the license for a period of twelve
months for the fourth violation within any two-year period;
(v) Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any two-year period;
(d) For violations of RCW 70.155.050 and 70.155.060, a
monetary penalty in the amount of three hundred dollars for
each violation;
(e) For violations of RCW 70.155.070, a monetary penalty in the amount of one thousand dollars for each violation.
(3) The liquor control board may impose a monetary
penalty upon any person other than a licensed cigarette
retailer or licensed sampler if the liquor control board finds
that the person has violated RCW 26.28.080, 70.155.020,
70 . 1 55 . 0 30 , 7 0. 1 5 5. 0 4 0, 7 0 . 15 5 . 05 0 , 70 . 1 55 . 0 60 ,
70.155.070, or 70.155.090.
(4) The monetary penalty that the liquor control board
may impose based upon one or more findings under subsection (3) of this section may not exceed the following:
(a) For violation of RCW 26.28.080 or 70.155.020, fifty
dollars for the first violation and one hundred dollars for each
subsequent violation;
(b) For violations of RCW 70.155.030, one hundred dollars for each day upon which such violation occurred;
(c) For violations of RCW 70.155.040, one hundred dollars for each violation;
(d) For violations of RCW 70.155.050 and 70.155.060,
three hundred dollars for each violation;
(e) For violations of RCW 70.155.070, one thousand
dollars for each violation.
(5) The liquor control board may develop and offer a
class for retail clerks and use this class in lieu of a monetary
penalty for the clerk's first violation.
(6) The liquor control board may issue a cease and desist
order to any person who is found by the liquor control board
to have violated or intending to violate the provisions of this
chapter, RCW 26.28.080 or 82.24.500, requiring such person
to cease specified conduct that is in violation. The issuance of
a cease and desist order shall not preclude the imposition of
other sanctions authorized by this statute or any other provision of law.
(7) The liquor control board may seek injunctive relief to
enforce the provisions of RCW 26.28.080 or 82.24.500 or
this chapter. The liquor control board may initiate legal
action to collect civil penalties imposed under this chapter if
the same have not been paid within thirty days after imposition of such penalties. In any action filed by the liquor control
board under this chapter, the court may, in addition to any
(2004 Ed.)
70.155.105
other relief, award the liquor control board reasonable attorneys' fees and costs.
(8) All proceedings under subsections (1) through (6) of
this section shall be conducted in accordance with chapter
34.05 RCW.
(9) The liquor control board may reduce or waive either
the penalties or the suspension or revocation of a license, or
both, as set forth in this chapter where the elements of proof
are inadequate or where there are mitigating circumstances.
Mitigating circumstances may include, but are not limited to,
an exercise of due diligence by a retailer. Further, the board
may exceed penalties set forth in this chapter based on aggravating circumstances. [1998 c 133 § 3; 1993 c 507 § 11.]
Finding—Intent—1998 c 133: See note following RCW 70.155.080.
70.155.105
70.155.105 Delivery sale of cigarettes—Requirements, unlawful practices—Penalties—Enforcement. (1)
It is unlawful for a person who mails, ships, or otherwise
delivers cigarettes to fail to:
(a) Verify the age of the receiver of the cigarettes upon
delivery; and
(b) Obtain in writing, before the first delivery sale of cigarettes, verification of the receiver's address and that the
receiver of the cigarettes is not a minor. The statement must
also confirm that the purchaser understands: (i) That signing
another person's name to the certification is a violation of
RCW 9A.60.040(1)(a); (ii) that the sale of cigarettes to a
minor is a violation of RCW 26.28.080; (iii) that the purchase
of cigarettes by minors is a violation of RCW 70.155.080;
and (iv) that he or she has the option to receive mailings from
a tobacco company about tobacco products.
(2) It is unlawful for a person to mail, ship, or otherwise
deliver cigarettes in connection with a delivery sale unless
before the first delivery sale to the consumer that person:
(a) Either verifies the information contained in the certification provided by the prospective consumer in subsection
(1) of this section against a commercially available data base,
or obtains a photocopy of an officially issued identification
containing the bearer's age, signature, and photograph. The
only forms of identification that are acceptable as proof of
age for the purchase for tobacco products are: (i) A liquor
control authority card of identification issued by a state of the
United States or a province of Canada, (ii) a driver's license,
instruction permit, or identification card issued by a state of
the United States or a province of Canada, (iii) a United
States military identification card, (iv) a passport, or (v) a
merchant marine identification card issued by the United
States coast guard;
(b) Provides to the prospective consumer through electronic mail or other means a notice that meets the requirements of subsection (3) of this section; and
(c) In the case of an order for cigarettes pursuant to an
advertisement on the internet, receives payment for the delivery sale from the prospective consumer by a credit card or
debit card, or by check that has been issued in the prospective
consumer's name.
(3) The notice required under subsection (2)(b) of this
section must include:
(a) A prominent and clearly legible statement that cigarette sales to minors are illegal;
[Title 70 RCW—page 405]
70.155.110
Title 70 RCW: Public Health and Safety
(b) A prominent and clearly legible statement that consists of one of the warnings set forth in section 4(a)(1) of the
federal cigarette labeling and advertising act (15 U.S.C. Sec.
1333(a)(1)) rotated on a quarterly basis;
(c) A prominent and clearly legible statement that sales
of cigarettes are restricted to those consumers who provide
verifiable proof of age in accordance with subsection (1) of
this section; and
(d) A prominent and clearly legible statement that cigarette sales are subject to tax pursuant to chapters 82.24 and
82.12 RCW, with an explanation of how the tax has been or
is to be paid with respect to a delivery sale.
(4) It is unlawful for a person who mails, ships, or otherwise delivers cigarettes in connection with a delivery sale to
fail to:
(a) Include as part of the bill of lading, or other shipping
documents, a clear and conspicuous statement that states:
"Cigarettes: Washington Law Prohibits Shipping to Individuals Under 18, and Requires the Payment of all Applicable
Taxes";
(b) Contract only with private carriers who employ
delivery agents who will verify the receiver of the cigarettes
is not a minor upon delivery. The only forms of identification
that are acceptable as proof of age for the purchase for
tobacco products are: (i) A liquor control authority card of
identification issued by a state of the United States or a province of Canada, (ii) a driver's license, instruction permit, or
identification card issued by a state of the United States or a
province of Canada, (iii) a United States military identification card, (iv) a passport, or (v) a merchant marine identification card issued by the United States coast guard;
(c) Provide to the delivery service retained for the delivery sale evidence of full compliance with this section.
(5)(a) Before making delivery sales or mailings, shipping, or otherwise delivering cigarettes to a Washington
address in connection with any sales, any person who mails,
ships, or otherwise delivers cigarettes shall file with the board
a statement setting forth the person's name, trade name, and
the address of the person's principal place of business and any
other place of business.
(b) Any person who mails, ships, or otherwise delivers
cigarettes in connection with a delivery sale shall within fifteen days after the first of each month file with the board a
report of all delivery sales made by the person within this
state for the preceding month. The report shall show the
name and address of the consumer to whom the cigarettes
were sold, the kind and quality, and the date of delivery
thereof.
(6)(a) Any person other than a delivery service who violates any of the provisions of this section is guilty of a class C
felony punishable by up to five years in prison and a fine of
ten thousand dollars, and payment of the cost of investigation
and prosecution, including attorneys' fees.
(b) Any person other than a delivery service who commits a second or subsequent violation of this section is [guilty
of] a class B felony punishable by up to ten years in prison
and a fine of twenty thousand dollars, and payment of the cost
of investigation and prosecution, including attorneys' fees.
(c) Any delivery service that violates any provision of
this section shall be guilty of a gross misdemeanor punish[Title 70 RCW—page 406]
able by up to one year in jail and a fine of five thousand dollars.
(7) Any person that fails to collect or remit to the department of revenue any tax required under chapter 82.24 RCW
in connection with a delivery sale shall be assessed, in addition to any other penalty, a penalty of five times the retail
value of the cigarettes involved.
(8) For the purpose of obtaining information concerning
any matter relating to the administration or enforcement of
this title, the board or any of its agents may inspect the books,
documents, and records of any person who makes delivery
sales or mailings, or ships or otherwise delivers cigarettes or
retains another person to make delivery sales or mailings, or
to ship or otherwise deliver cigarettes insofar as such books,
documents, and/or records pertain to the financial transaction
involved. If such a person neglects or refuses to produce and
submit for inspection any book, record, or document as
required by this section when requested to do so by the board
or its agent, then the board or the attorney general may seek
an order in superior court compelling such production of
books, records, or documents. [2003 c 113 § 2.]
70.155.110
70.155.110 Liquor control board authority. (1) The
liquor control board shall, in addition to the board's other
powers and authorities, have the authority to enforce the provisions of this chapter and *RCW 26.28.080(4) and
82.24.500. The liquor control board shall have full power to
revoke or suspend the license of any retailer or wholesaler in
accordance with the provisions of RCW 70.155.100.
(2) The liquor control board and the board's authorized
agents or employees shall have full power and authority to
enter any place of business where tobacco products are sold
for the purpose of enforcing the provisions of this chapter.
(3) For the purpose of enforcing the provisions of this
chapter and *RCW 26.28.080(4) and 82.24.500, a peace
officer or enforcement officer of the liquor control board who
has reasonable grounds to believe a person observed by the
officer purchasing, attempting to purchase, or in possession
of tobacco products is under the age of eighteen years of age,
may detain such person for a reasonable period of time and in
such a reasonable manner as is necessary to determine the
person's true identity and date of birth. Further, tobacco products possessed by persons under the age of eighteen years of
age are considered contraband and may be seized by a peace
officer or enforcement officer of the liquor control board.
(4) The liquor control board may work with local county
health departments or districts and local law enforcement
agencies to conduct random, unannounced, inspections to
assure compliance. [1993 c 507 § 12.]
*Reviser's note: RCW 26.28.080 was amended by 1994 sp.s. c 7 § 437,
and no longer has numbered subsections.
70.155.120
70.155.120 Youth tobacco prevention account—
Source and use of funds. (1) The youth tobacco prevention
account is created in the state treasury. All fees collected pursuant to RCW 82.24.520 and 82.24.530 and funds collected
by the liquor control board from the imposition of monetary
penalties and samplers' fees shall be deposited into this
account, except that ten percent of all such fees and penalties
shall be deposited in the state general fund.
(2004 Ed.)
National Uniform Tobacco Settlement—Nonparticipating Tobacco Product Manufacturers
(2) Moneys appropriated from the youth tobacco prevention account to the department of health shall be used by the
department of health for implementation of this chapter,
including collection and reporting of data regarding enforcement and the extent to which access to tobacco products by
youth has been reduced.
(3) The department of health shall enter into interagency
agreements with the liquor control board to pay the costs
incurred, up to thirty percent of available funds, in carrying
out its enforcement responsibilities under this chapter. Such
agreements shall set forth standards of enforcement, consistent with the funding available, so as to reduce the extent to
which tobacco products are available to individuals under the
age of eighteen. The agreements shall also set forth requirements for data reporting by the liquor control board regarding
its enforcement activities.
(4) The department of health and the department of revenue shall enter into an interagency agreement for payment of
the cost of administering the tobacco retailer licensing system
and for the provision of quarterly documentation of tobacco
wholesaler, retailer, and vending machine names and locations.
(5) The department of health shall, within up to seventy
percent of available funds, provide grants to local health
departments or other local community agencies to develop
and implement coordinated tobacco intervention strategies to
prevent and reduce tobacco use by youth. [1993 c 507 § 13.]
70.155.130
70.155.130 Preemption of political subdivisions. This
chapter preempts political subdivisions from adopting or
enforcing requirements for the licensure and regulation of
tobacco product promotions and sales within retail stores,
except that political subdivisions that have adopted ordinances prohibiting sampling by January 1, 1993, may continue to enforce these ordinances. No political subdivision
may: (1) Impose fees or license requirements on retail businesses for possessing or selling cigarettes or tobacco products, other than general business taxes or license fees not primarily levied on tobacco products; or (2) regulate or prohibit
activities covered by RCW 70.155.020 through 70.155.080.
This chapter does not otherwise preempt political subdivisions from adopting ordinances regulating the sale, purchase,
use, or promotion of tobacco products not inconsistent with
chapter 507, Laws of 1993. [1993 c 507 § 14.]
70.157.010
70.157.005
70.157.005 Findings and purpose. (a) Cigarette smoking presents serious public health concerns to the State and to
the citizens of the State. The Surgeon General has determined
that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of
tobacco-related deaths in the United States each year. These
diseases most often do not appear until many years after the
person in question begins smoking.
(b) Cigarette smoking also presents serious financial
concerns for the State. Under certain health-care programs,
the State may have a legal obligation to provide medical
assistance to eligible persons for health conditions associated
with cigarette smoking, and those persons may have a legal
entitlement to receive such medical assistance.
(c) Under these programs, the State pays millions of dollars each year to provide medical assistance for these persons
for health conditions associated with cigarette smoking.
(d) It is the policy of the State that financial burdens
imposed on the State by cigarette smoking be borne by
tobacco product manufacturers rather than by the State to the
extent that such manufacturers either determine to enter into
a settlement with the State or are found culpable by the
courts.
(e) On November 23, 1998, leading United States
tobacco product manufacturers entered into a settlement
agreement, entitled the "Master Settlement Agreement," with
the State. The Master Settlement Agreement obligates these
manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay
substantial sums to the State (tied in part to their volume of
sales); to fund a national foundation devoted to the interests
of public health; and to make substantial changes in their
advertising and marketing practices and corporate culture,
with the intention of reducing underage smoking.
(f) It would be contrary to the policy of the State if
tobacco product manufacturers who determine not to enter
into such a settlement could use a resulting cost advantage to
derive large, short-term profits in the years before liability
may arise without ensuring that the State will have an eventual source of recovery from them if they are proven to have
acted culpably. It is thus in the interest of the State to require
that such manufacturers establish a reserve fund to guarantee
a source of compensation and to prevent such manufacturers
from deriving large, short-term profits and then becoming
judgment-proof before liability may arise. [1999 c 393 § 1.]
70.155.900
70.155.900 Severability—1993 c 507. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 507 § 20.]
Chapter 70.157 RCW
NATIONAL UNIFORM TOBACCO SETTLEMENT—
NONPARTICIPATING TOBACCO
PRODUCT MANUFACTURERS
Chapter 70.157
Sections
70.157.005
70.157.010
70.157.020
70.157.030
(2004 Ed.)
Findings and purpose.
Definitions.
Requirements.
Contingent expiration date—Court action.
Captions not law—1999 c 393: "Captions used in this act are not part
of the law." [1999 c 393 § 5.]
Effective date—1999 c 393: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 18, 1999]." [1999 c 393 § 6.]
70.157.010
70.157.010 Definitions. (a) "Adjusted for inflation"
means increased in accordance with the formula for inflation
adjustment set forth in Exhibit C to the Master Settlement
Agreement.
(b) "Affiliate" means a person who directly or indirectly
owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for
purposes of this definition, the terms "owns," "is owned" and
"ownership" mean ownership of an equity interest, or the
[Title 70 RCW—page 407]
70.157.020
Title 70 RCW: Public Health and Safety
equivalent thereof, of ten percent or more, and the term "person" means an individual, partnership, committee, association, corporation or any other organization or group of persons.
(c) "Allocable share" means Allocable Share as that term
is defined in the Master Settlement Agreement.
(d) "Cigarette" means any product that contains nicotine,
is intended to be burned or heated under ordinary conditions
of use, and consists of or contains (1) any roll of tobacco
wrapped in paper or in any substance not containing tobacco;
or (2) tobacco, in any form, that is functional in the product,
which, because of its appearance, the type of tobacco used in
the filler, or its packaging and labeling, is likely to be offered
to, or purchased by, consumers as a cigarette; or (3) any roll
of tobacco wrapped in any substance containing tobacco
which, because of its appearance, the type of tobacco used in
the filler, or its packaging and labeling, is likely to be offered
to, or purchased by, consumers as a cigarette described in
clause (1) of this definition. The term "cigarette" includes
"roll-your-own" (i.e., any tobacco which, because of its
appearance, type, packaging, or labeling is suitable for use
and likely to be offered to, or purchased by, consumers as
tobacco for making cigarettes). For purposes of this definition of "cigarette," 0.09 ounces of "roll-your-own" tobacco
shall constitute one individual "cigarette".
(e) "Master Settlement Agreement" means the settlement
agreement (and related documents) entered into on November 23, 1998 by the State and leading United States tobacco
product manufacturers.
(f) "Qualified escrow fund" means an escrow arrangement with a federally or State chartered financial institution
having no affiliation with any tobacco product manufacturer
and having assets of at least $1,000,000,000 where such
arrangement requires that such financial institution hold the
escrowed funds' principal for the benefit of releasing parties
and prohibits the tobacco product manufacturer placing the
funds into escrow from using, accessing or directing the use
of the funds' principal except as consistent with RCW
70.157.020(b).
(g) "Released claims" means Released Claims as that
term is defined in the Master Settlement Agreement.
(h) "Releasing parties" means Releasing Parties as that
term is defined in the Master Settlement Agreement.
(i) "Tobacco Product Manufacturer" means an entity that
after the date of enactment of this Act directly (and not exclusively through any affiliate):
(1) manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an
importer (except where such importer is an original participating manufacturer (as that term is defined in the Master
Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect
to such cigarettes as a result of the provisions of subsections
II(mm) of the Master Settlement Agreement and that pays the
taxes specified in subsection II(z) of the Master Settlement
Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the
United States);
(2) is the first purchaser anywhere for resale in the
United States of cigarettes manufactured anywhere that the
[Title 70 RCW—page 408]
manufacturer does not intend to be sold in the United States;
or
(3) becomes a successor of an entity described in paragraph (1) or (2).
The term "Tobacco Product Manufacturer" shall not
include an affiliate of a tobacco product manufacturer unless
such affiliate itself falls within any of (1)-(3) above.
(j) "Units sold" means the number of individual cigarettes sold in the State by the applicable tobacco product
manufacturer (whether directly or through a distributor,
retailer or similar intermediary or intermediaries) during the
year in question, as measured by excise taxes collected by the
State on packs bearing the excise tax stamp of the State or
"roll-your-own" tobacco containers. The department of revenue shall promulgate such regulations as are necessary to
ascertain the amount of State excise tax paid on the cigarettes
of such tobacco product manufacturer for each year. [1999 c
393 § 2.]
Captions not law—Effective date—1999 c 393: See notes following
RCW 70.157.005.
70.157.020
70.157.020 Requirements. (Contingent expiration
date.) Any tobacco product manufacturer selling cigarettes
to consumers within the State (whether directly or through a
distributor, retailer or similar intermediary or intermediaries)
after May 18, 1999, shall do one of the following:
(a) become a participating manufacturer (as that term is
defined in section II(jj) of the Master Settlement Agreement)
and generally perform its financial obligations under the
Master Settlement Agreement; or
(b)(1) place into a qualified escrow fund by April 15 of
the year following the year in question the following amounts
(as such amounts are adjusted for inflation)—
1999: $.0094241 per unit sold after May 18, 1999;
2000: $.0104712 per unit sold;
for each of 2001 and 2002: $.0136125 per unit sold;
for each of 2003 through 2006: $.0167539 per unit sold;
for each of 2007 and each year thereafter: $.0188482 per
unit sold.
(2) A tobacco product manufacturer that places funds
into escrow pursuant to paragraph (1) shall receive the interest or other appreciation on such funds as earned. Such funds
themselves shall be released from escrow only under the following circumstances—
(A) to pay a judgment or settlement on any released
claim brought against such tobacco product manufacturer by
the State or any releasing party located or residing in the
State. Funds shall be released from escrow under this subparagraph (i) in the order in which they were placed into
escrow and (ii) only to the extent and at the time necessary to
make payments required under such judgment or settlement;
(B) to the extent that a tobacco product manufacturer
establishes that the amount it was required to place into
escrow on account of units sold in the state in a particular
year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement including after final determination of all adjustments,
that such manufacturer would have been required to make on
account of such units sold, had it been a Participating Manufacturer, the excess shall be released from escrow and revert
back to such tobacco product manufacturer; or
(2004 Ed.)
National Uniform Tobacco Settlement—Nonparticipating Tobacco Product Manufacturers
(C) to the extent not released from escrow under subparagraphs (A) or (B), funds shall be released from escrow
and revert back to such tobacco product manufacturer
twenty-five years after the date on which they were placed
into escrow.
(3) Each tobacco product manufacturer that elects to
place funds into escrow pursuant to this subsection shall
annually certify to the Attorney General that it is in compliance with this subsection. The Attorney General may bring a
civil action on behalf of the State against any tobacco product
manufacturer that fails to place into escrow the funds
required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds
required under this section shall—
(A) be required within 15 days to place such funds into
escrow as shall bring it into compliance with this section.
The court, upon a finding of a violation of this subsection,
may impose a civil penalty to be paid to the general fund of
the state in an amount not to exceed 5 percent of the amount
improperly withheld from escrow per day of the violation and
in a total amount not to exceed 100 percent of the original
amount improperly withheld from escrow;
(B) in the case of a knowing violation, be required within
15 days to place such funds into escrow as shall bring it into
compliance with this section. The court, upon a finding of a
knowing violation of this subsection, may impose a civil penalty to be paid to the general fund of the state in an amount
not to exceed 15 percent of the amount improperly withheld
from escrow per day of the violation and in a total amount not
to exceed 300 percent of the original amount improperly
withheld from escrow; and
(C) in the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the State
(whether directly or through a distributor, retailer or similar
intermediary) for a period not to exceed 2 years.
Each failure to make an annual deposit required under
this section shall constitute a separate violation. The violator
shall also pay the State's costs and attorney's fees incurred
during a successful prosecution under this paragraph (3).
[2003 c 342 § 1; 1999 c 393 § 3.]
Captions not law—Effective date—1999 c 393: See notes following
RCW 70.157.005.
70.157.020
70.157.020 Requirements. (Contingent effective
date.) Any tobacco product manufacturer selling cigarettes
to consumers within the State (whether directly or through a
distributor, retailer or similar intermediary or intermediaries)
after May 18, 1999, shall do one of the following:
(a) become a participating manufacturer (as that term is
defined in section II(jj) of the Master Settlement Agreement)
and generally perform its financial obligations under the
Master Settlement Agreement; or
(b)(1) place into a qualified escrow fund by April 15 of
the year following the year in question the following amounts
(as such amounts are adjusted for inflation)—
1999: $.0094241 per unit sold after May 18, 1999;
2000: $.0104712 per unit sold;
for each of 2001 and 2002: $.0136125 per unit sold;
for each of 2003 through 2006: $.0167539 per unit sold;
for each of 2007 and each year thereafter: $.0188482 per
unit sold.
(2004 Ed.)
70.157.020
(2) A tobacco product manufacturer that places funds
into escrow pursuant to paragraph (1) shall receive the interest or other appreciation on such funds as earned. Such funds
themselves shall be released from escrow only under the following circumstances—
(A) to pay a judgment or settlement on any released
claim brought against such tobacco product manufacturer by
the State or any releasing party located or residing in the
State. Funds shall be released from escrow under this subparagraph (i) in the order in which they were placed into
escrow and (ii) only to the extent and at the time necessary to
make payments required under such judgment or settlement;
(B) to the extent that a tobacco product manufacturer
establishes that the amount it was required to place into
escrow in a particular year was greater than the State's allocable share of the total payments that such manufacturer would
have been required to make in that year under the Master Settlement Agreement (as determined pursuant to section
IX(i)(2) of the Master Settlement Agreement, and before any
of the adjustments or offsets described in section IX(i)(3) of
that Agreement other than the Inflation Adjustment) had it
been a participating manufacturer, the excess shall be
released from escrow and revert back to such tobacco product
manufacturer; or
(C) to the extent not released from escrow under subparagraphs (A) or (B), funds shall be released from escrow
and revert back to such tobacco product manufacturer
twenty-five years after the date on which they were placed
into escrow.
(3) Each tobacco product manufacturer that elects to
place funds into escrow pursuant to this subsection shall
annually certify to the Attorney General that it is in compliance with this subsection. The Attorney General may bring a
civil action on behalf of the State against any tobacco product
manufacturer that fails to place into escrow the funds
required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds
required under this section shall—
(A) be required within 15 days to place such funds into
escrow as shall bring it into compliance with this section. The
court, upon a finding of a violation of this subsection, may
impose a civil penalty to be paid to the general fund of the
state in an amount not to exceed 5 percent of the amount
improperly withheld from escrow per day of the violation and
in a total amount not to exceed 100 percent of the original
amount improperly withheld from escrow;
(B) in the case of a knowing violation, be required within
15 days to place such funds into escrow as shall bring it into
compliance with this section. The court, upon a finding of a
knowing violation of this subsection, may impose a civil penalty to be paid to the general fund of the state in an amount
not to exceed 15 percent of the amount improperly withheld
from escrow per day of the violation and in a total amount not
to exceed 300 percent of the original amount improperly
withheld from escrow; and
(C) in the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the State
(whether directly or through a distributor, retailer or similar
intermediary) for a period not to exceed 2 years.
Each failure to make an annual deposit required under
this section shall constitute a separate violation. The violator
[Title 70 RCW—page 409]
70.157.030
Title 70 RCW: Public Health and Safety
shall also pay the State's costs and attorney's fees incurred
during a successful prosecution under this paragraph (3).
[1999 c 393 § 3.]
Captions not law—Effective date—1999 c 393: See notes following
RCW 70.157.005.
70.157.030 Contingent expiration date—Court
action. If chapter 342, Laws of 2003 is held by a court of
competent jurisdiction to be unconstitutional, then RCW
70.157.020(b)(2)(B) shall be repealed in its entirety. If RCW
70.157.020(b)(2) shall thereafter be held by a court of competent jurisdiction to be unconstitutional, then chapter 342,
Laws of 2003 shall be repealed, and RCW
70.157.020(b)(2)(B) be restored as if no amendments had
been made. Neither any holding of unconstitutionality nor
the repeal of RCW 70.157.020(b)(2)(B) shall affect, impair,
or invalidate any other portion of RCW 70.157.020 or the
application of that section to any other person or circumstance, and the remaining portions of RCW 70.157.020 shall
at all times continue in full force and effect. [2003 c 342 § 2.]
70.157.030
Chapter 70.158 RCW
TOBACCO PRODUCT MANUFACTURERS
Chapter 70.158
Sections
70.158.010
70.158.020
70.158.030
70.158.040
70.158.050
70.158.060
70.158.070
70.158.900
70.158.901
Findings.
Definitions.
Tobacco product manufacturers—Certification—Attorney
general to publish directory—Violations.
Nonresident, nonparticipating manufacturers—Agent for
service of process.
Reports, records—Confidentiality, disclosures, voluntary
waivers—Escrow payments.
Penalties—Application of consumer protection act.
Attorney general's directory decision to be final agency
action—Due dates for reports, certifications, directory—
Rules—Costs—Penalties.
Conflict of law—Severability—2003 c 25.
Effective date—2003 c 25.
70.158.010
70.158.010 Findings. The legislature finds that violations of RCW 70.157.020 threaten the integrity of the
tobacco master settlement agreement, the fiscal soundness of
the state, and the public health. The legislature finds the
enacting procedural enhancements will help prevent violations and aid the enforcement of RCW 70.157.020 and
thereby safeguard the master settlement agreement, the fiscal
soundness of the state, and the public health. The provisions
of chapter 25, Laws of 2003 are not intended to and shall not
be interpreted to amend chapter 70.157 RCW. [2003 c 25 §
1.]
70.158.020
70.158.020 Definitions. The following definitions
apply to this chapter unless the context clearly requires otherwise.
(1) "Brand family" means all styles of cigarettes sold
under the same trademark and differentiated from one
another by means of additional modifiers or descriptors,
including, but not limited to, "menthol," "lights," "kings,"
and "100s," and includes any brand name alone or in conjunction with any other word, trademark, logo, symbol, motto,
selling message, recognizable pattern of colors, or any other
indicia of product identification identical or similar to, or
identifiable with, a previously known brand of cigarettes.
[Title 70 RCW—page 410]
(2) "Board" means the liquor control board.
(3) "Cigarette" has the same meaning as in RCW
70.157.010(d).
(4) "Director" means the director of the department of
revenue except as otherwise noted.
(5) "Directory" means the directory to be created and
published on a web site by the attorney general pursuant to
RCW 70.158.030(2).
(6) "Distributor" has the same meaning as in RCW
82.26.010(3), except that for purposes of this chapter, no person is a distributor if that person does not deal with cigarettes
as defined in this section.
(7) "Master settlement agreement" has the same meaning
as in RCW 70.157.010(e).
(8) "Nonparticipating manufacturer" means any tobacco
product manufacturer that is not a participating manufacturer.
(9) "Participating manufacturer" has the meaning given
that term in section II(jj) of the master settlement agreement.
(10) "Qualified escrow fund" has the same meaning as in
RCW 70.157.010(f).
(11) "Stamp" means "stamp" as defined in RCW
82.24.010(7) or as referred to in RCW 43.06.455(4).
(12) "Tobacco product manufacturer" has the same
meaning as in RCW 70.157.010(i).
(13) "Units sold" has the same meaning as in RCW
70.157.010(j).
(14) "Wholesaler" has the same meaning as in RCW
82.24.010. [2003 c 25 § 2.]
70.158.030 Tobacco product manufacturers—Certification—Attorney general to publish directory—Violations. (1) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a
wholesaler, distributor, retailer, or similar intermediary or
intermediaries, shall execute and deliver on a form prescribed
by the attorney general a certification to the attorney general,
no later than the thirtieth day of April each year, certifying
under penalty of perjury that, as of the date of such certification, the tobacco product manufacturer is either a participating manufacturer; or is in full compliance with RCW
70.157.020(b)(1), including all payments required by that
section or chapter 25, Laws of 2003.
(a) A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update the list thirty calendar days prior to any
addition to or modification of its brand families by executing
and delivering a supplemental certification to the attorney
general.
(b) A nonparticipating manufacturer shall include in its
certification: (i) A list of all of its brand families and the
number of units sold for each brand family that were sold in
the state during the preceding calendar year; (ii) a list of all of
its brand families that have been sold in the state at anytime
during the current calendar year; (iii) indicating, by an asterisk, any brand family sold in the state during the preceding
calendar year that is no longer being sold in the state as of the
date of such certification; and (iv) identifying by name and
address any other manufacturer of brand families in the preceding or current calendar year. The nonparticipating manufacturer shall update the list thirty calendar days prior to any
addition to or modification of its brand families by executing
70.158.030
(2004 Ed.)
Tobacco Product Manufacturers
and delivering a supplemental certification to the attorney
general.
(c) In the case of a nonparticipating manufacturer, the
certification shall further certify:
(i) That the nonparticipating manufacturer is registered
to do business in the state or has appointed a resident agent
for service of process and provided notice as required by
RCW 70.158.040;
(ii) That the nonparticipating manufacturer: (A) Has
established and continues to maintain a qualified escrow
fund; and (B) has executed a qualified escrow agreement that
has been reviewed and approved by the attorney general and
that governs the qualified escrow fund;
(iii) That the nonparticipating manufacturer is in full
compliance with RCW 70.157.020(b)(1) and this chapter,
and any rules adopted pursuant thereto; and
(iv)(A) The name, address, and telephone number of the
financial institution where the nonparticipating manufacturer
has established a qualified escrow fund required pursuant to
RCW 70.157.020(b)(1) and all rules adopted thereunder; (B)
the account number of the qualified escrow fund and any subaccount number for the state of Washington; (C) the amount
the nonparticipating manufacturer placed in the fund for cigarettes sold in the state during the preceding calendar year,
the date and amount of each deposit, and evidence or verification as may be deemed necessary by the attorney general to
confirm the foregoing; and (D) the amount and date of any
withdrawal or transfer of funds the nonparticipating manufacturer made at any time from the fund or from any other
qualified escrow fund into which it ever made escrow payments pursuant to RCW 70.157.020(b)(1) and all rules
adopted thereunder.
(d) A tobacco product manufacturer may not include a
brand family in its certification unless: (i) In the case of a
participating manufacturer, the participating manufacturer
affirms that the brand family is to be deemed to be its cigarettes for purposes of calculating its payments under the master settlement agreement for the relevant year, in the volume
and shares determined pursuant to the master settlement
agreement; and (ii) in the case of a nonparticipating manufacturer, the nonparticipating manufacturer affirms that the
brand family is to be deemed to be its cigarettes for purposes
of RCW 70.157.020(b)(1). Nothing in this section limits or
otherwise affects the state's right to maintain that a brand
family constitutes cigarettes of a different tobacco product
manufacturer for purposes of calculating payments under the
master settlement agreement or for purposes of RCW
70.157.020.
(e) A tobacco product manufacturer shall maintain all
invoices and documentation of sales and other information
relied upon for such certification for a period of five years,
unless otherwise required by law to maintain them for a
greater period of time.
(2) Not later than November 1, 2003, the attorney general shall develop and publish on its web site a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of this section and all brand families that are listed in
these certifications, except as noted below:
(a) The attorney general shall not include or retain in the
directory the name or brand families of any nonparticipating
(2004 Ed.)
70.158.030
manufacturer that has failed to provide the required certification or whose certification the attorney general determines is
not in compliance with subsection (1)(b) and (c) of this section, unless the attorney general has determined that the violation has been cured to the satisfaction of the attorney general.
(b) Neither a tobacco product manufacturer nor brand
family shall be included or retained in the directory if the
attorney general concludes, in the case of a nonparticipating
manufacturer, that: (i) Any escrow payment required pursuant to RCW 70.157.020(b)(1) for any period for any brand
family, whether or not listed by the nonparticipating manufacturer, has not been fully paid into a qualified escrow fund
governed by a qualified escrow agreement that has been
approved by the attorney general; or (ii) any outstanding final
judgment, including interest, for a violation of RCW
70.157.020(b)(1) that has not been fully satisfied for the
brand family or manufacturer.
(c) The attorney general shall update the directory as
necessary in order to correct mistakes and to add or remove a
tobacco product manufacturer or brand family to keep the
directory in conformity with the requirements of this chapter.
The attorney general shall transmit, by e-mail or other practicable means to each wholesaler or distributor, notice of any
addition to or removal from the directory of any tobacco
product manufacturer or brand family. Unless otherwise provided by agreement between the wholesaler or distributor and
a tobacco product manufacturer, the wholesaler or distributor
shall be entitled to a refund from a tobacco product manufacturer for any money paid by the wholesaler or distributor to
the tobacco product manufacturer for any cigarettes of the
tobacco product manufacturer still held by the wholesaler or
distributor on the date of notice by the attorney general of the
removal from the directory of that tobacco product manufacturer or the brand family of the cigarettes. The attorney general shall not restore to the directory the tobacco product
manufacturer or the brand family until the tobacco product
manufacturer has paid the wholesaler or distributor any
refund due.
(d) Every wholesaler and distributor shall provide and
update as necessary an electronic mail address to the attorney
general for the purpose of receiving any notifications as may
be required by this chapter.
(e) A tobacco product manufacturer included in the
directory may request that a new brand family be certified
and added to the directory. Within forty-five business days
of receiving the request, the attorney general will respond by
either: (i) Certifying the new brand family; or (ii) denying
the request. However, in cases where the attorney general
determines that it needs clarification as to whether the
requestor is actually the tobacco product manufacturer, the
attorney general may take more time as needed to clarify the
request, to locate and assemble information or documents
needed to process the request, and to notify persons or agencies affected by the request.
(f) The web site will state that chapter 25, Laws of 2003
applies only to cigarettes including, pursuant to the definition
of "cigarettes" in chapter 25, Laws of 2003, roll-your-own
tobacco.
(3) It is unlawful for any person (a) to affix a stamp to a
package or other container of cigarettes of a tobacco product
[Title 70 RCW—page 411]
70.158.040
Title 70 RCW: Public Health and Safety
manufacturer or brand family not included in the directory, or
to pay or cause to be paid the tobacco products tax on any
package or container; or (b) to sell, offer, or possess for sale
in this state or import for sale in this state, any cigarettes of a
tobacco product manufacturer or brand family not included in
the directory. [2003 c 25 § 3.]
70.158.040
70.158.040 Nonresident, nonparticipating manufacturers—Agent for service of process. (1) Any nonresident
or foreign nonparticipating manufacturer that has not registered to do business in the state as a foreign corporation or
business entity shall, as a condition precedent to having its
brand families included or retained in the directory, appoint
and continually engage without interruption the services of
an agent in this state to act as agent for the service of process
on whom all process, and any action or proceeding against it
concerning or arising out of the enforcement of this chapter
and RCW 70.157.020(b)(1), may be served in any manner
authorized by law. The service shall constitute legal and
valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the
name, address, phone number, and proof of the appointment
and availability of the agent to the satisfaction of the attorney
general.
(2) The nonparticipating manufacturer shall provide
notice to the attorney general thirty calendar days prior to termination of the authority of an agent and shall further provide
proof to the satisfaction of the attorney general of the
appointment of a new agent no less than five calendar days
prior to the termination of an existing agent appointment. In
the event an agent terminates an agency appointment, the
nonparticipating manufacturer shall notify the attorney general of the termination within five calendar days and include
proof to the satisfaction of the attorney general of the
appointment of a new agent.
(3) Any nonparticipating manufacturer whose cigarettes
are sold in this state, who has not appointed and engaged an
agent as required in this section, shall be deemed to have
appointed the secretary of state as the agent and may be proceeded against in courts of this state by service of process
upon the secretary of state. However, the appointment of the
secretary of state as agent shall not satisfy the condition precedent for having the brand families of the nonparticipating
manufacturer included or retained in the directory. [2003 c
25 § 4.]
70.158.050
70.158.050 Reports, records—Confidentiality, disclosures, voluntary waivers—Escrow payments. (1) In
addition to the reporting requirements under *RCW
70.157.010(j) and the rules adopted thereunder, not later than
twenty-five calendar days after the end of each calendar
month, and more frequently if directed by the director, each
wholesaler and distributor shall submit information the director requires to facilitate compliance with this chapter, including, but not limited to, a list by brand family of the total number of cigarettes, or, in the case of roll-your-own, the equivalent stick count for which the wholesaler or distributor
affixed stamps during the previous calendar month or otherwise paid the tax due for the cigarettes. Each wholesaler and
distributor shall maintain and make available to the director,
[Title 70 RCW—page 412]
all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied
upon in reporting to the attorney general or the director for a
period of five years.
(2) Information or records required to be furnished to the
department, the board, or the attorney general are confidential and shall not be disclosed. However, the director and the
board are authorized to disclose to the attorney general any
information received under this chapter and requested by the
attorney general for purposes of determining compliance
with and enforcing the provisions of this chapter. The director, the board, and the attorney general may share with each
other the information received under this chapter, and may
share information with other federal, state, or local agencies,
including without limitation the board, only for purposes of
enforcement of this chapter, RCW 70.157.020, or corresponding laws of other states. If a tobacco product manufacturer that is required to establish a qualified escrow fund
under RCW 70.157.020 disputes the attorney general's determination of what that manufacturer needs to place into
escrow, and the attorney general determines that the dispute
can likely be resolved by disclosing reports from the relevant
distributors and wholesalers indicating the sales or purchases
of the tobacco manufacturer's products, then the attorney
general shall request voluntary waivers of confidentiality so
that the reports may be disclosed to the tobacco product manufacturer to help resolve the dispute. If the waivers are provided, then the director and the attorney general are authorized to disclose the waived confidential information collected on the sales or purchases of cigarettes to the tobacco
product manufacturer. However, before the attorney general
or the director discloses the waived confidential information,
the tobacco product manufacturer must provide to the attorney general all records relating to its sales or purchases of
cigarettes in dispute. The information provided to a tobacco
product manufacturer pursuant to this subsection (2) shall be
limited to brands or products of that manufacturer only, may
be used only for the limited purpose of determining the
appropriate escrow deposit, and may not be disclosed by the
tobacco product manufacturer.
(3) The attorney general may require at any time from
the nonparticipating manufacturer proof, from the financial
institution in which the manufacturer has established a qualified escrow fund for the purpose of compliance with RCW
70.157.020(b)(1), of the amount of money in the fund, exclusive of interest, the amount and date of each deposit to the
fund, and the amount and date of each withdrawal from the
fund.
(4) In addition to the information required to be submitted pursuant to RCW 70.158.030, this section, and chapters
82.24 and 82.26 RCW, the director, the board, or the attorney
general may require a wholesaler, distributor, or tobacco
product manufacturer to submit any additional information
including, but not limited to, samples of the packaging or
labeling of each brand family, as is necessary to enable the
attorney general to determine whether a tobacco product
manufacturer is in compliance with this chapter. If the director, the board, or the attorney general makes a request for
information pursuant to this subsection (4), the tobacco product manufacturer, distributor, or wholesaler shall comply
promptly.
(2004 Ed.)
Washington Clean Indoor Air Act
(5) A nonparticipating manufacturer that either: (a) Has
not previously made escrow payments to the state of Washington pursuant to RCW 70.157.020; or (b) has not actually
made any escrow payments for more than one year, shall
make the required escrow deposits in quarterly installments
during the first year in which the sales covered by the deposits are made or in the first year in which the payments are
made. The director or the attorney general may require production of information sufficient to enable the attorney general to determine the adequacy of the amount of the installment deposit. [2003 c 25 § 5.]
*Reviser's note: For rules and reporting requirements adopted pursuant
to RCW 70.157.010, see WAC 458-20-264.
70.158.060
70.158.060 Penalties—Application of consumer protection act. (1) In addition to or in lieu of any other civil or
criminal remedy provided by law, upon a determination that
a wholesaler has violated RCW 70.158.030(3) or any rule
adopted pursuant to this chapter, the director or the board
may revoke or suspend the license of the wholesaler in the
manner provided by chapter 82.24 or 82.32 RCW. Each
stamp affixed and each sale or offer to sell cigarettes in violation of RCW 70.158.030(3) shall constitute a separate violation. For each violation of this chapter, the director or the
board may also impose a civil penalty in an amount not to
exceed the greater of five hundred percent of the retail value
of the cigarettes or five thousand dollars upon a determination of violation of RCW 70.158.030(3) or any rules adopted
pursuant thereto. The penalty shall be imposed in the manner
provided by chapter 82.24 RCW.
(2) The attorney general may seek an injunction in superior court to restrain a threatened or actual violation of RCW
70.158.030(3) or 70.158.050 (1) or (4) by a person and to
compel the person to comply with these sections. In any
action brought pursuant to this section, the state shall be entitled to recover the costs of investigation, costs of the action,
and reasonable attorney fees.
(3) It is unlawful for a person to: (a) Sell or distribute
cigarettes or (b) acquire, hold, own, possess, transport,
import, or cause to be imported cigarettes, that the person
knows or should know are intended for distribution or sale in
the state in violation of RCW 70.158.030(3). A violation of
this subsection (3) is a gross misdemeanor.
(4) Any violation of this chapter is not reasonable in relation to the development and preservation of business and is
an unfair and deceptive act or practice and an unfair method
of competition in the conduct of trade or commerce in violation of RCW 19.86.020. Standing to bring an action to
enforce RCW 19.86.020 for violation of this chapter shall lie
solely with the attorney general. Remedies provided by
chapter 19.86 RCW are cumulative and not exclusive. [2003
c 25 § 6.]
70.158.070
70.158.070 Attorney general's directory decision to
be final agency action—Due dates for reports, certifications, directory—Rules—Costs—Penalties. (1) A determination of the attorney general not to include or to remove
from the directory a brand family or tobacco product manufacturer shall be final agency action for purposes of review
under RCW 34.05.570(4).
(2004 Ed.)
Chapter 70.160
(2) No person shall be issued a license or granted a
renewal of a license to act as a wholesaler unless the person
has certified in writing under penalty of perjury, that the person will comply fully with this section.
(3) The first reports of wholesalers and distributors are
due August 25, 2003. The certifications by a tobacco product
manufacturer described in RCW 70.158.030(1) are due September 15, 2003. The directory described in RCW
70.158.030(2) shall be published or made available by
November 1, 2003.
(4) The attorney general, the board, and the director may
adopt rules as necessary to effect the administration of this
chapter.
(5) In any action brought by the state to enforce this
chapter, the state is entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable
attorney fees.
(6) If a court determines that a person has violated this
chapter, the court shall order any profits, gain, gross receipts,
or other benefit from the violation to be disgorged and paid to
the general fund. Unless otherwise expressly provided, the
remedies or penalties provided by this chapter are cumulative
to each other and to the remedies or penalties available under
all other laws of this state. [2003 c 25 § 7.]
70.158.900
70.158.900 Conflict of law—Severability—2003 c 25.
If a court of competent jurisdiction finds that the provisions
of chapter 25, Laws of 2003 and chapter 70.157 RCW conflict and cannot be harmonized, then the provisions of chapter
70.157 RCW shall control. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of chapter 25,
Laws of 2003 causes chapter 70.157 RCW no longer to constitute a qualifying or model statute, as those terms are
defined in the master settlement agreement, then that portion
of chapter 25, Laws of 2003 shall not be valid. If any section,
subsection, subdivision, paragraph, sentence, clause, or
phrase of chapter 25, Laws of 2003 is for any reason held to
be invalid, unlawful, or unconstitutional, the decision shall
not affect the validity of the remaining portions of chapter 25,
Laws of 2003 or any part thereof. [2003 c 25 § 8.]
70.158.901
70.158.901 Effective date—2003 c 25. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 2003.
[2003 c 25 § 13.]
Chapter 70.160 RCW
WASHINGTON CLEAN INDOOR AIR ACT
Chapter 70.160
Sections
70.160.010
70.160.020
70.160.030
70.160.040
70.160.050
70.160.060
70.160.070
Legislative intent.
Definitions.
Smoking in public places except designated smoking areas
prohibited.
Designation of smoking areas in public places—Exceptions—Restaurant smoking areas—Entire facility or area
may be designated as nonsmoking.
Owners, lessees to post signs prohibiting or permitting smoking—Boundaries to be clearly designated.
Intent of chapter as applied to certain private workplaces.
Intentional violation of chapter—Removing, defacing, or
destroying required sign—Fine—Notice of infraction—
[Title 70 RCW—page 413]
70.160.010
70.160.080
70.160.100
70.160.900
Title 70 RCW: Public Health and Safety
Exceptions—Violations of RCW 70.160.040 or
70.160.050—Subsequent violations—Fine—Enforcement
by fire officials.
Local regulations authorized.
Penalty assessed under this chapter paid to jurisdiction bringing action.
Short title—1985 c 236.
Smoking in municipal transit vehicle, unlawful bus conduct: RCW 9.91.025.
70.160.010
70.160.010 Legislative intent. The legislature recognizes the increasing evidence that tobacco smoke in closely
confined places may create a danger to the health of some citizens of this state. In order to protect the health and welfare of
those citizens, it is necessary to prohibit smoking in public
places except in areas designated as smoking areas. [1985 c
236 § 1.]
70.160.020
70.160.020 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly indicates otherwise.
(1) "Smoke" or "smoking" means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other
lighted smoking equipment.
(2) "Public place" means that portion of any building or
vehicle used by and open to the public, regardless of whether
the building or vehicle is owned in whole or in part by private
persons or entities, the state of Washington, or other public
entity, and regardless of whether a fee is charged for admission.
Public places include, but are not limited to: Elevators,
public conveyances or transportation facilities, museums,
concert halls, theaters, auditoriums, exhibition halls, indoor
sports arenas, hospitals, nursing homes, health care facilities
or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative
chambers and immediately adjacent hallways, public
restrooms, libraries, restaurants, waiting areas, lobbies, and
reception areas. A public place does not include a private residence. This chapter is not intended to restrict smoking in private facilities which are occasionally open to the public
except upon the occasions when the facility is open to the
public.
(3) "Restaurant" means any building, structure, or area
used, maintained, or advertised as, or held out to the public to
be, an enclosure where meals are made available to be consumed on the premises, for consideration of payment. [1985
c 236 § 2.]
70.160.030
70.160.030 Smoking in public places except designated smoking areas prohibited. No person may smoke in
a public place except in designated smoking areas. [1985 c
236 § 3.]
owner to permit smoking; public areas of retail stores and
lobbies of financial institutions; office reception areas and
waiting rooms of any building owned or leased by the state of
Washington or by any city, county, or other municipality in
the state of Washington; museums; public meetings or hearings; classrooms and lecture halls of schools, colleges, and
universities; and the seating areas and aisle ways which are
contiguous to seating areas of concert halls, theaters, auditoriums, exhibition halls, and indoor sports arenas; and
(b) Hallways of health care facilities, with the exception
of nursing homes, and lobbies of concert halls, theaters, auditoriums, exhibition halls, and indoor sports arenas, if the area
is not physically separated. Owners or other persons in
charge are not required to incur any expense to make structural or other physical modifications in providing these areas.
Except as provided in other provisions of this chapter, no
public place, other than a bar, tavern, bowling alley, tobacco
shop, or restaurant, may be designated as a smoking area in
its entirety. If a bar, tobacco shop, or restaurant is designated
as a smoking area in its entirety, this designation shall be
posted conspicuously on all entrances normally used by the
public.
(2) Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize
the toxic effect of smoke in adjacent nonsmoking areas.
(3) Managers of restaurants who choose to provide
smoking areas shall designate an adequate amount of seating
to meet the demands of restaurant patrons who wish to
smoke. Owners of restaurants are not required to incur any
expense to make structural or other physical modifications in
providing these areas. Restaurant patrons shall be informed
that separate smoking and nonsmoking sections are available.
(4) Except as otherwise provided in this chapter, a facility or area may be designated in its entirety as a nonsmoking
area by the owner or other person in charge. [1985 c 236 § 4.]
70.160.050
70.160.050 Owners, lessees to post signs prohibiting
or permitting smoking—Boundaries to be clearly designated. Owners, or in the case of a leased or rented space the
lessee or other person in charge, of a place regulated under
this chapter shall make every reasonable effort to prohibit
smoking in public places by posting signs prohibiting or permitting smoking as appropriate under this chapter. Signs shall
be posted conspicuously at each building entrance. In the
case of retail stores and retail service establishments, signs
shall be posted conspicuously at each entrance and in prominent locations throughout the place. The boundary between a
nonsmoking area and a smoking permitted area shall be
clearly designated so that persons may differentiate between
the two areas. [1985 c 236 § 5.]
70.160.060
70.160.040
70.160.040 Designation of smoking areas in public
places—Exceptions—Restaurant smoking areas—Entire
facility or area may be designated as nonsmoking. (1) A
smoking area may be designated in a public place by the
owner or, in the case of a leased or rented space, by the lessee
or other person in charge except in:
(a) Elevators; buses, except for private hire; streetcars;
taxis, except those clearly and visibly designated by the
[Title 70 RCW—page 414]
70.160.060 Intent of chapter as applied to certain private workplaces. This chapter is not intended to regulate
smoking in a private enclosed workplace, within a public
place, even though such workplace may be visited by nonsmokers, excepting places in which smoking is prohibited by
the chief of the Washington state patrol, through the director
of fire protection, or by other law, ordinance, or regulation.
[1995 c 369 § 60; 1986 c 266 § 121; 1985 c 236 § 6.]
Effective date—1995 c 369: See note following RCW 43.43.930.
(2004 Ed.)
Indoor Air Quality in Public Buildings
Severability—1986 c 266: See note following RCW 38.52.005.
70.160.070
70.160.070 Intentional violation of chapter—Removing, defacing, or destroying required sign—Fine—Notice
o f i nf ra c t i o n —E x c e pt io n s— V io l a t io n s o f RC W
70.160.040 or 70.160.050—Subsequent violations—
Fine—Enforcement by fire officials. (1) Any person intentionally violating this chapter by smoking in a public place
not designated as a smoking area or any person removing,
defacing, or destroying a sign required by this chapter is subject to a civil fine of up to one hundred dollars. Local law
enforcement agencies shall enforce this section by issuing a
notice of infraction to be assessed in the same manner as traffic infractions. The provisions contained in chapter 46.63
RCW for the disposition of traffic infractions apply to the disposition of infractions for violation of this subsection except
as follows:
(a) The provisions in chapter 46.63 RCW relating to the
provision of records to the department of licensing in accordance with RCW 46.20.270 are not applicable to this chapter; and
(b) The provisions in chapter 46.63 RCW relating to the
imposition of sanctions against a person's driver's license or
vehicle license are not applicable to this chapter.
The form for the notice of infraction for a violation of
this subsection shall be prescribed by rule of the supreme
court.
(2) When violations of RCW 70.160.040 or 70.160.050
occur, a warning shall first be given to the owner or other person in charge. Any subsequent violation is subject to a civil
fine of up to one hundred dollars. Each day upon which a violation occurs or is permitted to continue constitutes a separate
violation.
(3) Local fire departments or fire districts shall enforce
RCW 70.160.040 or 70.160.050 regarding the duties of owners or persons in control of public places, and local health
departments shall enforce RCW 70.160.040 or 70.160.050
regarding the duties of owners of restaurants by either of the
following actions:
(a) Serving notice requiring the correction of any violation; or
(b) Calling upon the city or town attorney or county
prosecutor to maintain an action for an injunction to enforce
RCW 70.160.040 and 70.160.050, to correct a violation, and
to assess and recover a civil penalty for the violation. [1985
c 236 § 7.]
70.160.080
70.160.080 Local regulations authorized. Local fire
departments or fire districts and local health departments may
adopt regulations as required to implement this chapter.
[1985 c 236 § 9.]
70.160.100
70.160.100 Penalty assessed under this chapter paid
to jurisdiction bringing action. Any penalty assessed and
recovered in an action brought under this chapter shall be
paid to the city or county bringing the action. [1985 c 236 §
8.]
(2004 Ed.)
70.162.020
70.160.900
70.160.900 Short title—1985 c 236. This chapter shall
be known as the Washington clean indoor air act. [1985 c
236 § 10.]
Chapter 70.162 RCW
INDOOR AIR QUALITY IN PUBLIC BUILDINGS
Chapter 70.162
Sections
70.162.005
70.162.010
70.162.020
70.162.030
70.162.040
70.162.050
70.162.900
Finding—Intent.
Definitions.
Department duties.
State building code council duties.
Public agencies—Directive.
Superintendent of public instruction—Model program.
Severability—1989 c 315.
70.162.005
70.162.005 Finding—Intent. The legislature finds that
many Washington residents spend a significant amount of
their time working indoors and that exposure to indoor air
pollutants may occur in public buildings, schools, work
places, and other indoor environments. Scientific studies
indicate that pollutants common in the indoor air may include
radon, asbestos, volatile organic chemicals including formaldehyde and benzene, combustion byproducts including carbon monoxide, nitrogen oxides, and carbon dioxide, metals
and gases including lead, chlorine, and ozone, respirable particles, tobacco smoke, biological contaminants, micro-organisms, and other contaminants. In some circumstances, exposure to these substances may cause adverse health effects,
including respiratory illnesses, multiple chemical sensitivities, skin and eye irritations, headaches, and other related
symptoms. There is inadequate information about indoor air
quality within the state of Washington, including the sources
and nature of indoor air pollution.
The intent of the legislature is to develop a control strategy that will improve indoor air quality, provide for the evaluation of indoor air quality in public buildings, and encourage voluntary measures to improve indoor air quality. [1989
c 315 § 1.]
70.162.010
70.162.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of labor and
industries.
(2) "Public agency" means a state office, commission,
committee, bureau, or department.
(3) "Industry standard" means the 62-1981R standard
established by the American society of heating, refrigerating,
and air conditioning engineers as codified in M-1602 of the
building officials and code administrators international manual as of January 1, 1990. [1989 c 315 § 2.]
70.162.020
70.162.020 Department duties. The department shall,
in coordination with other appropriate state agencies:
(1) Recommend a policy for evaluation and prioritization of state-owned or leased buildings with respect to indoor
air quality;
(2) Recommend stronger workplace regulation of indoor
air quality under the Washington industrial safety and health
act;
[Title 70 RCW—page 415]
70.162.030
Title 70 RCW: Public Health and Safety
(3) Review indoor air quality programs in public schools
administered by the superintendent of public instruction and
the department of social and health services;
(4) Provide educational and informational pamphlets or
brochures to state agencies on indoor air quality standards;
and
(5) Recommend to the legislature measures to implement the recommendations, if any, for the improvement of
indoor air quality in public buildings within a reasonable
period of time. [1989 c 315 § 3.]
70.162.030
70.162.030 State building code council duties. The
state building code council is directed to:
(1) Review the state building code to determine the adequacy of current mechanical ventilation and filtration standards prescribed by the state compared to the industry standard; and
(2) Make appropriate changes in the building code to
bring the state prescribed standards into conformity with the
industry standard. [1989 c 315 § 4.]
70.162.040
70.162.040 Public agencies—Directive. Public agencies are encouraged to:
(1) Evaluate the adequacy of mechanical ventilation and
filtration systems in light of the recommendations of the
American society of heating, refrigerating, and air conditioning engineers and the building officials and code administrators international; and
(2) Maintain and operate any mechanical ventilation and
filtration systems in a manner that allows for maximum operating efficiency consistent with the recommendations of the
American society of heating, refrigerating, and air conditioning engineers and the building officials and code administrators international. [1989 c 315 § 5.]
70.162.050
70.162.050 Superintendent of public instruction—
Model program. (1) The superintendent of public instruction may implement a model indoor air quality program in a
school district selected by the superintendent.
(2) The superintendent shall ensure that the model program includes:
(a) An initial evaluation by an indoor air quality expert
of the current indoor air quality in the school district. The
evaluation shall be completed within ninety days after the
beginning of the school year;
(b) Establishment of procedures to ensure the maintenance and operation of any ventilation and filtration system
used. These procedures shall be implemented within thirty
days of the initial evaluation;
(c) A reevaluation by an indoor air quality expert, to be
conducted approximately two hundred seventy days after the
initial evaluation; and
(d) The implementation of other procedures or plans that
the superintendent deems necessary to implement the model
program. [1998 c 245 § 116; 1989 c 315 § 6.]
70.162.900
70.162.900 Severability—1989 c 315. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
[Title 70 RCW—page 416]
provision to other persons or circumstances is not affected.
[1989 c 315 § 7.]
Chapter 70.164
Chapter 70.164 RCW
LOW-INCOME RESIDENTIAL
WEATHERIZATION PROGRAM
Sections
70.164.010
70.164.020
70.164.030
70.164.040
70.164.050
70.164.060
70.164.070
70.164.900
Legislative findings.
Definitions.
Low-income weatherization assistance account.
Proposals for low-income weatherization programs—Matching funds.
Program compliance with laws and rules—Energy assessment
required.
Weatherization of leased or rented residences—Limitations.
Payments to low-income weatherization assistance account.
Severability—1987 c 36.
70.164.010
70.164.010 Legislative findings. The legislature finds
and declares that weatherization of the residences of lowincome households will help conserve energy resources in
this state and can reduce the need to obtain energy from more
costly conventional energy resources. The legislature also
finds that rising energy costs have made it difficult for lowincome citizens of the state to afford adequate fuel for residential space heat. Weatherization of residences will lower
energy consumption, making space heat more affordable for
persons in low-income households. It will also reduce the
uncollectible accounts of fuel suppliers resulting from lowincome customers not being able to pay fuel bills.
The program implementing the policy of this chapter is
necessary to support the poor and infirm and also to benefit
the health, safety, and general welfare of all citizens of the
state. [1987 c 36 § 1.]
70.164.020
70.164.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of community,
trade, and economic development.
(2) "Energy assessment" means an analysis of a dwelling
unit to determine the need for cost-effective energy conservation measures as determined by the department.
(3) "Household" means an individual or group of individuals living in a dwelling unit as defined by the department.
(4) "Low income" means household income that is at or
below one hundred twenty-five percent of the federally established poverty level.
(5) "Nonutility sponsor" means any sponsor other than a
public service company, municipality, public utility district,
mutual or cooperative, furnishing gas or electricity used to
heat low-income residences.
(6) "Residence" means a dwelling unit as defined by the
department.
(7) "Sponsor" means any entity that submits a proposal
under RCW 70.164.040, including but not limited to any
local community action agency, community service agency,
or any other participating agency or any public service company, municipality, public utility district, mutual or cooperative, or any combination of such entities that jointly submits
a proposal.
(2004 Ed.)
Low-Income Residential Weatherization Program
(8) "Sponsor match" means the share, if any, of the cost
of weatherization to be paid by the sponsor.
(9) "Weatherization" means materials or measures, and
their installation, that are used to improve the thermal efficiency of a residence.
(10) "Weatherizing agency" means any approved department grantee or any public service company, municipality,
public utility district, mutual or cooperative, or other entity
that bears the responsibility for ensuring the performance of
weatherization of residences under this chapter and has been
approved by the department. [1995 c 399 § 199; 1987 c 36 §
2.]
70.164.030
70.164.030 Low-income weatherization assistance
account. The low-income weatherization assistance account
is created in the state treasury. All moneys from the money
distributed to the state pursuant to Exxon v. United States,
561 F.Supp. 816 (1983), affirmed 773 F.2d 1240 (1985), or
any other oil overcharge settlements or judgments distributed
by the federal government, that are allocated to the lowincome weatherization assistance account shall be deposited
in the account. The department may accept such gifts, grants,
and endowments from public or private sources as may be
made from time to time, in trust or otherwise, and shall
deposit such funds in the account. Any moneys received from
sponsor match payments shall be deposited in the account.
The legislature may also appropriate moneys to the account.
Moneys in the account shall be spent pursuant to appropriation and only for the purposes and in the manner provided in
RCW 70.164.040. Any moneys appropriated that are not
spent by the department shall return to the account. [1991
sp.s. c 13 § 62; 1987 c 36 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
70.164.040
70.164.040 Proposals for low-income weatherization
programs—Matching funds. (1) The department shall
solicit proposals for low-income weatherization programs
from potential sponsors. A proposal shall state the amount of
the sponsor match, the amount requested from the lowincome weatherization assistance account, the name of the
weatherizing agency, and any other information required by
the department.
(2)(a) A sponsor may use its own moneys, including corporate or ratepayer moneys, or moneys provided by landlords, charitable groups, government programs, the Bonneville Power Administration, or other sources to pay the sponsor match.
(b) Moneys provided by a sponsor pursuant to requirements in this section shall be in addition to and shall not supplant any funding for low-income weatherization that would
otherwise have been provided by the sponsor or any other
entity enumerated in (a) of this subsection.
(c) No proposal may require any contribution as a condition of weatherization from any household whose residence
is weatherized under the proposal.
(d) Proposals shall provide that full levels of all costeffective structurally feasible measures, as determined by the
department, shall be installed when a low-income residence
is weatherized.
(2004 Ed.)
70.164.070
(3) The department may in its discretion accept, accept in
part, or reject proposals submitted. The department shall allocate funds appropriated from the low-income weatherization
assistance account among proposals accepted or accepted in
part so as to achieve the greatest possible expected monetary
and energy savings by low-income households and other
energy consumers and shall, to the extent feasible, ensure a
balance of participation in proportion to population among
low-income households for: (a) Geographic regions in the
state; (b) types of fuel used for heating; (c) owner-occupied
and rental residences; and (d) single-family and multifamily
dwellings. The department may allocate funds to a nonutility
sponsor without requiring a sponsor match if the department
determines that such an allocation is necessary to provide the
greatest benefits to low-income residents of the state.
(4)(a) A sponsor may elect to: (i) Pay a sponsor match as
a lump sum at the time of weatherization, or (ii) make yearly
payments to the low-income weatherization assistance
account over a period not to exceed ten years. If a sponsor
elects to make yearly payments, the value of the payments
shall not be less than the value of the lump sum payment that
would have been made under (i) of this subsection.
(b) The department may permit a sponsor to meet its
match requirement in whole or in part through providing
labor, materials, or other in-kind expenditures.
(5) The department shall adopt rules to carry out this section. [1987 c 36 § 4.]
70.164.050
70.164.050 Program compliance with laws and
rules—Energy assessment required. (1) The department is
responsible for ensuring that sponsors and weatherizing
agencies comply with the state laws, the department's rules,
and the sponsor's proposal in carrying out proposals.
(2) Before a residence is weatherized, the department
shall require that an energy assessment be conducted. [1987
c 36 § 5.]
70.164.060
70.164.060 Weatherization of leased or rented residences—Limitations. Before a leased or rented residence is
weatherized, written permission shall be obtained from the
owner of the residence for the weatherization. The department shall adopt rules to ensure that: (1) The benefits of
weatherization assistance in connection with a leased or
rented residence accrue primarily to low-income tenants; (2)
as a result of weatherization provided under this chapter, the
rent on the residence is not increased and the tenant is not
evicted; and (3) as a result of weatherization provided under
this chapter, no undue or excessive enhancement occurs in
the value of the residence. This section is in the public interest and any violation by a landlord of the rules adopted under
this section shall be an act in trade or commerce violating
chapter 19.86 RCW, the consumer protection act. [1987 c 36
§ 6.]
70.164.070
70.164.070 Payments to low-income weatherization
assistance account. Payments to the low-income weatherization assistance account shall be treated, for purposes of
state law, as payments for energy conservation and shall be
eligible for any tax credits or deductions, equity returns, or
[Title 70 RCW—page 417]
70.164.900
Title 70 RCW: Public Health and Safety
other benefits for which conservation investments are eligible. [1987 c 36 § 7.]
70.164.900
70.164.900 Severability—1987 c 36. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 36 § 9.]
Chapter 70.168
Chapter 70.168 RCW
STATEWIDE TRAUMA CARE SYSTEM
Sections
70.168.010
70.168.015
70.168.020
70.168.030
70.168.040
70.168.050
70.168.060
70.168.070
70.168.080
70.168.090
70.168.100
70.168.110
70.168.120
70.168.130
70.168.135
70.168.140
70.168.900
70.168.901
Legislative finding.
Definitions.
Steering committee—Composition—Appointment.
Analysis of state's trauma system—Plan.
Emergency medical services and trauma care system trust
account.
Emergency medical services and trauma care system—
Department to establish—Rule making—Gifts.
Department duties—Timelines.
Provision of trauma care service—Designation.
Prehospital trauma care service—Verification—Compliance—Variance.
Statewide data registry—Quality assurance program—Confidentiality.
Regional emergency medical services and trauma care councils.
Planning and service regions.
Local and regional emergency medical services and trauma
care councils—Power and duties.
Disbursement of funds to regional emergency medical services
and trauma care councils—Grants to nonprofit agencies—
Purposes.
Grant program for designated trauma care services—Rules.
Prehospital provider liability.
Short title.
Severability—1990 c 269.
70.168.010
70.168.010 Legislative finding. The legislature finds
and declares that:
(1) Trauma is a severe health problem in the state of
Washington and a major cause of death;
(2) Presently, trauma care is very limited in many parts
of the state, and health care in rural areas is in transition with
the danger that some communities will be without emergency
medical care;
(3) It is in the best interest of the citizens of Washington
state to establish an efficient and well-coordinated statewide
emergency medical services and trauma care system to
reduce costs and incidence of inappropriate and inadequate
trauma care and emergency medical service and minimize the
human suffering and costs associated with preventable mortality and morbidity;
(4) The goals and objectives of an emergency medical
services and trauma care system are to: (a) Pursue trauma
prevention activities to decrease the incidence of trauma; (b)
provide optimal care for the trauma victim; (c) prevent
unnecessary death and disability from trauma and emergency
illness; and (d) contain costs of trauma care and trauma system implementation; and
(5) In other parts of the United States where trauma care
systems have failed and trauma care centers have closed,
there is a direct relationship between such failures and closures and a lack of commitment to fair and equitable reim[Title 70 RCW—page 418]
bursement for trauma care participating providers and system
overhead costs. [1990 c 269 § 1; 1988 c 183 § 1.]
70.168.015 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Communications system" means a radio and landline network which provides rapid public access, coordinated
central dispatching of services, and coordination of personnel, equipment, and facilities in an emergency medical services and trauma care system.
(2) "Emergency medical service" means medical treatment and care that may be rendered at the scene of any medical emergency or while transporting any patient in an ambulance to an appropriate medical facility, including ambulance
transportation between medical facilities.
(3) "Emergency medical services medical program
director" means a person who is an approved program director as defined by RCW 18.71.205(4).
(4) "Department" means the department of health.
(5) "Designation" means a formal determination by the
department that hospitals or health care facilities are capable
of providing designated trauma care services as authorized in
RCW 70.168.070.
(6) "Designated trauma care service" means a level I, II,
III, IV, or V trauma care service or level I, II, or III pediatric
trauma care service or level I, I-pediatric, II, or III traumarelated rehabilitative service.
(7) "Emergency medical services and trauma care system plan" means a statewide plan that identifies statewide
emergency medical services and trauma care objectives and
priorities and identifies equipment, facility, personnel, training, and other needs required to create and maintain a statewide emergency medical services and trauma care system.
The plan also includes a plan of implementation that identifies the state, regional, and local activities that will create,
operate, maintain, and enhance the system. The plan is formulated by incorporating the regional emergency medical
services and trauma care plans required under this chapter.
The plan shall be updated every two years and shall be made
available to the state board of health in sufficient time to be
considered in preparation of the biennial state health report
required in RCW 43.20.050.
(8) "Emergency medical services and trauma care planning and service regions" means geographic areas established
by the department under this chapter.
(9) "Facility patient care protocols" means the written
procedures adopted by the medical staff that direct the care of
the patient. These procedures shall be based upon the assessment of the patients' medical needs. The procedures shall follow minimum statewide standards for trauma care services.
(10) "Hospital" means a facility licensed under chapter
70.41 RCW, or comparable health care facility operated by
the federal government or located and licensed in another
state.
(11) "Level I pediatric trauma care services" means pediatric trauma care services as established in RCW 70.168.060.
Hospitals providing level I services shall provide definitive,
comprehensive, specialized care for pediatric trauma patients
and shall also provide ongoing research and health care professional education in pediatric trauma care.
70.168.015
(2004 Ed.)
Statewide Trauma Care System
(12) "Level II pediatric trauma care services" means
pediatric trauma care services as established in RCW
70.168.060. Hospitals providing level II services shall provide initial stabilization and evaluation of pediatric trauma
patients and provide comprehensive general medicine and
surgical care to pediatric patients who can be maintained in a
stable or improving condition without the specialized care
available in the level I hospital. Complex surgeries and
research and health care professional education in pediatric
trauma care activities are not required.
(13) "Level III pediatric trauma care services" means
pediatric trauma care services as established in RCW
70.168.060. Hospitals providing level III services shall provide initial evaluation and stabilization of patients. The range
of pediatric trauma care services provided in level III hospitals are not as comprehensive as level I and II hospitals.
(14) "Level I rehabilitative services" means rehabilitative services as established in RCW 70.168.060. Facilities
providing level I rehabilitative services provide rehabilitative
treatment to patients with traumatic brain injuries, spinal cord
injuries, complicated amputations, and other diagnoses
resulting in functional impairment, with moderate to severe
impairment or complexity. These facilities serve as referral
facilities for facilities authorized to provide level II and III
rehabilitative services.
(15) "Level I-pediatric rehabilitative services" means
rehabilitative services as established in RCW 70.168.060.
Facilities providing level I-pediatric rehabilitative services
provide the same services as facilities authorized to provide
level I rehabilitative services except these services are exclusively for children under the age of fifteen years.
(16) "Level II rehabilitative services" means rehabilitative services as established in RCW 70.168.060. Facilities
providing level II rehabilitative services treat individuals
with musculoskeletal trauma, peripheral nerve lesions, lower
extremity amputations, and other diagnoses resulting in functional impairment in more than one functional area, with
moderate to severe impairment or complexity.
(17) "Level III rehabilitative services" means rehabilitative services as established in RCW 70.168.060. Facilities
providing level III rehabilitative services provide treatment to
individuals with musculoskeletal injuries, peripheral nerve
injuries, uncomplicated lower extremity amputations, and
other diagnoses resulting in functional impairment in more
than one functional area but with minimal to moderate
impairment or complexity.
(18) "Level I trauma care services" means trauma care
services as established in RCW 70.168.060. Hospitals providing level I services shall have specialized trauma care
teams and provide ongoing research and health care professional education in trauma care.
(19) "Level II trauma care services" means trauma care
services as established in RCW 70.168.060. Hospitals providing level II services shall be similar to those provided by
level I hospitals, although complex surgeries and research
and health care professional education activities are not
required to be provided.
(20) "Level III trauma care services" means trauma care
services as established in RCW 70.168.060. The range of
trauma care services provided by level III hospitals are not as
comprehensive as level I and II hospitals.
(2004 Ed.)
70.168.015
(21) "Level IV trauma care services" means trauma care
services as established in RCW 70.168.060.
(22) "Level V trauma care services" means trauma care
services as established in RCW 70.168.060. Facilities providing level V services shall provide stabilization and transfer of
all patients with potentially life-threatening injuries.
(23) "Patient care procedures" means written operating
guidelines adopted by the regional emergency medical services and trauma care council, in consultation with local
emergency medical services and trauma care councils, emergency communication centers, and the emergency medical
services medical program director, in accordance with minimum statewide standards. The patient care procedures shall
identify the level of medical care personnel to be dispatched
to an emergency scene, procedures for triage of patients, the
level of trauma care facility to first receive the patient, and
the name and location of other trauma care facilities to
receive the patient should an interfacility transfer be necessary. Procedures on interfacility transfer of patients shall be
consistent with the transfer procedures required in chapter
70.170 RCW.
(24) "Pediatric trauma patient" means trauma patients
known or estimated to be less than fifteen years of age.
(25) "Prehospital" means emergency medical care or
transportation rendered to patients prior to hospital admission
or during interfacility transfer by licensed ambulance or aid
service under chapter 18.73 RCW, by personnel certified to
provide emergency medical care under chapters 18.71 and
18.73 RCW, or by facilities providing level V trauma care
services as provided for in this chapter.
(26) "Prehospital patient care protocols" means the written procedures adopted by the emergency medical services
medical program director that direct the out-of-hospital emergency care of the emergency patient which includes the
trauma patient. These procedures shall be based upon the
assessment of the patients' medical needs and the treatment to
be provided for serious conditions. The procedures shall meet
or exceed statewide minimum standards for trauma and other
prehospital care services.
(27) "Rehabilitative services" means a formal program
of multidisciplinary, coordinated, and integrated services for
evaluation, treatment, education, and training to help individuals with disabling impairments achieve and maintain optimal functional independence in physical, psychosocial,
social, vocational, and avocational realms. Rehabilitation is
indicated for the trauma patient who has sustained neurologic
or musculoskeletal injury and who needs physical or cognitive intervention to return to home, work, or society.
(28) "Secretary" means the secretary of the department
of health.
(29) "Trauma" means a major single or multisystem
injury requiring immediate medical or surgical intervention
or treatment to prevent death or permanent disability.
(30) "Trauma care system" means an organized approach
to providing care to trauma patients that provides personnel,
facilities, and equipment for effective and coordinated
trauma care. The trauma care system shall: Identify facilities
with specific capabilities to provide care, triage trauma victims at the scene, and require that all trauma victims be sent
to an appropriate trauma facility. The trauma care system
[Title 70 RCW—page 419]
70.168.020
Title 70 RCW: Public Health and Safety
includes prevention, prehospital care, hospital care, and rehabilitation.
(31) "Triage" means the sorting of patients in terms of
disposition, destination, or priority. Triage of prehospital
trauma victims requires identifying injury severity so that the
appropriate care level can be readily assessed according to
patient care guidelines.
(32) "Verification" means the identification of prehospital providers who are capable of providing verified trauma
care services and shall be a part of the licensure process
required in chapter 18.73 RCW.
(33) "Verified trauma care service" means prehospital
service as provided for in RCW 70.168.080, and identified in
the regional emergency medical services and trauma care
plan as required by RCW 70.168.100. [1990 c 269 § 4.]
70.168.020
70.168.020 Steering committee—Composition—
Appointment. (1) There is hereby created an emergency
medical services and trauma care steering committee composed of representatives of individuals knowledgeable in
emergency medical services and trauma care, including
emergency medical providers such as physicians, nurses,
hospital personnel, emergency medical technicians, paramedics, ambulance services, a member of the emergency
medical services licensing and certification advisory committee, local government officials, state officials, consumers,
and persons affiliated professionally with health science
schools. The governor shall appoint members of the steering
committee. Members shall be appointed for a period of three
years. The department shall provide administrative support to
the committee. All appointive members of the committee, in
the performance of their duties, may be entitled to receive
travel expenses as provided in RCW 43.03.050 and
43.03.060. The governor may remove members from the
committee who have three unexcused absences from committee meetings. The governor shall fill any vacancies of the
committee in a timely manner. The terms of those members
representing the same field shall not expire at the same time.
The committee shall elect a chair and a vice-chair whose
terms of office shall be for one year each. The chair shall be
ineligible for reelection after serving four consecutive terms.
The committee shall meet on call by the governor, the
secretary, or the chair.
(2) The emergency medical services and trauma care
steering committee shall:
(a) Advise the department regarding emergency medical
services and trauma care needs throughout the state.
(b) Review the regional emergency medical services and
trauma care plans and recommend changes to the department
before the department adopts the plans.
(c) Review proposed departmental rules for emergency
medical services and trauma care.
(d) Recommend modifications in rules regarding emergency medical services and trauma care. [2000 c 93 § 20;
1990 c 269 § 5; 1988 c 183 § 2.]
70.168.030
70.168.030 Analysis of state's trauma system—Plan.
(1) Upon the recommendation of the steering committee, the
director of the office of financial management shall contract
[Title 70 RCW—page 420]
with an independent party for an analysis of the state's trauma
system.
(2) The analysis shall contain at a minimum, the following:
(a) The identification of components of a functional
statewide trauma care system, including standards; and
(b) An assessment of the current trauma care program
compared with the functional statewide model identified in
subsection (a) of this section, including an analysis of deficiencies and reasons for the deficiencies.
(3) The analysis shall provide a design for a statewide
trauma care system based on the findings of the committee
under subsection (2) of this section, with a plan for phased-in
implementation. The plan shall include, at a minimum, the
following:
(a) Responsibility for implementation;
(b) Administrative authority at the state, regional, and
local levels;
(c) Facility, equipment, and personnel standards;
(d) Triage and care criteria;
(e) Data collection and use;
(f) Cost containment strategies;
(g) System evaluation; and
(h) Projected costs. [1998 c 245 § 117; 1988 c 183 § 3.]
70.168.040 Emergency medical services and trauma
care system trust account. The emergency medical services
and trauma care system trust account is hereby created in the
state treasury. Moneys shall be transferred to the emergency
medical services and trauma care system trust account from
the public safety education account or other sources as appropriated, and as collected under RCW *46.63.110(6) and
46.12.042. Disbursements shall be made by the department
subject to legislative appropriation. Expenditures may be
made only for the purposes of the state trauma care system
under this chapter, including emergency medical services,
trauma care services, rehabilitative services, and the planning
and development of related services under this chapter and
for reimbursement by the department of social and health services for trauma care services provided by designated trauma
centers. During the 2001-2003 fiscal biennium, the legislature may transfer from the emergency medical services and
trauma care system trust account to the state general fund
such amounts as reflect the excess fund balance of the
account. [2002 c 371 § 922; 1997 c 331 § 2; 1990 c 269 § 17;
1988 c 183 § 4.]
70.168.040
*Reviser's note: RCW 46.63.110 was amended by 2002 c 279 § 15,
changing subsection (6) to subsection (7).
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Effective date—1997 c 331: See note following RCW 70.168.135.
70.168.050 Emergency medical services and trauma
care system—Department to establish—Rule making—
Gifts. (1) The department, in consultation with, and having
solicited the advice of, the emergency medical services and
trauma care steering committee, shall establish the Washington state emergency medical services and trauma care system.
(2) The department shall adopt rules consistent with this
chapter to carry out the purpose of this chapter. All rules shall
70.168.050
(2004 Ed.)
Statewide Trauma Care System
be adopted in accordance with chapter 34.05 RCW. All rules
and procedures adopted by the department shall minimize
paperwork and compliance requirements for facilities and
other participants. The department shall assure an opportunity for consultation, review, and comment by the public and
providers of emergency medical services and trauma care
before adoption of rules. When developing rules to implement this chapter the department shall consider the report of
the Washington state trauma project established under chapter 183, Laws of 1988. Nothing in this chapter requires the
department to follow any specific recommendation in that
report except as it may also be included in this chapter.
(3) The department may apply for, receive, and accept
gifts and other payments, including property and service,
from any governmental or other public or private entity or
person, and may make arrangements as to the use of these
receipts, including any activities related to the design, maintenance, or enhancements of the emergency medical services
and trauma care system in the state. The department shall
make available upon request to the appropriate legislative
committees information concerning the source, amount, and
use of such gifts or payments. [1990 c 269 § 3.]
70.168.060 Department duties—Timelines. The
department, in consultation with and having solicited the
advice of the emergency medical services and trauma care
steering committee, shall:
(1) Establish the following on a statewide basis:
(a) By September 1990, minimum standards for facility,
equipment, and personnel for level I, II, III, IV, and V trauma
care services;
(b) By September 1990, minimum standards for facility,
equipment, and personnel for level I, I-pediatric, II, and III
trauma-related rehabilitative services;
(c) By September 1990, minimum standards for facility,
equipment, and personnel for level I, II, and III pediatric
trauma care services;
(d) By September 1990, minimum standards required for
verified prehospital trauma care services, including equipment and personnel;
(e) Personnel training requirements and programs for
providers of trauma care. The department shall design programs which are accessible to rural providers including onsite training;
(f) Statewide emergency medical services and trauma
care system objectives and priorities;
(g) Minimum standards for the development of facility
patient care protocols and prehospital patient care protocols
and patient care procedures;
(h) By July 1991, minimum standards for an effective
emergency medical communication system;
(i) Minimum standards for an effective emergency medical services transportation system; and
(j) By July 1991, establish a program for emergency
medical services and trauma care research and development;
(2) Establish statewide standards, personnel training
requirements and programs, system objectives and priorities,
protocols and guidelines as required in subsection (1) of this
section, by utilizing those standards adopted in the report of
the Washington trauma advisory committee as authorized by
chapter 183, Laws of 1988. In establishing standards for level
70.168.060
(2004 Ed.)
70.168.060
IV or V trauma care services the department may adopt similar standards adopted for services provided in rural health
care facilities authorized in chapter 70.175 RCW. The department may modify standards, personnel training requirements
and programs, system objectives and priorities, and guidelines in rule if the department determines that such modifications are necessary to meet federal and other state requirements or are essential to allow the department and others to
establish the system or should it determine that public health
considerations or efficiencies in the delivery of emergency
medical services and trauma care warrant such modifications;
(3) Designate emergency medical services and trauma
care planning and service regions as provided for in this
chapter;
(4) By July 1, 1992, establish the minimum and maximum number of hospitals and health care facilities in the state
and within each emergency medical services and trauma care
planning and service region that may provide designated
trauma care services based upon approved regional emergency medical services and trauma care plans;
(5) By July 1, 1991, establish the minimum and maximum number of prehospital providers in the state and within
each emergency medical services and trauma care planning
and service region that may provide verified trauma care services based upon approved regional emergency medical services and trauma care plans;
(6) By July 1993, begin the designation of hospitals and
health care facilities to provide designated trauma care services in accordance with needs identified in the statewide
emergency medical services and trauma care plan;
(7) By July 1990, adopt a format for submission of the
regional plans to the department;
(8) By July 1991, begin the review and approval of
regional emergency medical services and trauma care plans;
(9) By July 1992, prepare regional plans for those
regions that do not submit a regional plan to the department
that meets the requirements of this chapter;
(10) By October 1992, prepare and implement the statewide emergency medical services and trauma care system
plan incorporating the regional plans;
(11) Coordinate the statewide emergency medical services and trauma care system to assure integration and
smooth operation between the regions;
(12) Facilitate coordination between the emergency
medical services and trauma care steering committee and the
emergency medical services licensing and certification advisory committee;
(13) Monitor the statewide emergency medical services
and trauma care system;
(14) Conduct a study of all costs, charges, expenses, and
levels of reimbursement associated with providers of trauma
care services, and provide its findings and any recommendations regarding adequate and equitable reimbursement to
trauma care providers to the legislature by July 1, 1991;
(15) Monitor the level of public and private payments
made on behalf of trauma care patients to determine whether
health care providers have been adequately reimbursed for
the costs of care rendered such persons;
(16) By July 1991, design and establish the statewide
trauma care registry as authorized in RCW 70.168.090 to (a)
assess the effectiveness of emergency medical services and
[Title 70 RCW—page 421]
70.168.070
Title 70 RCW: Public Health and Safety
trauma care delivery, and (b) modify standards and other system requirements to improve the provision of emergency
medical services and trauma care;
(17) By July 1991, develop patient outcome measures to
assess the effectiveness of emergency medical services and
trauma care in the system;
(18) By July 1993, develop standards for regional emergency medical services and trauma care quality assurance
programs required in RCW 70.168.090;
(19) Administer funding allocated to the department for
the purpose of creating, maintaining, or enhancing the statewide emergency medical services and trauma care system;
and
(20) By October 1990, begin coordination and development of trauma prevention and education programs. [1990 c
269 § 8.]
70.168.070
70.168.070 Provision of trauma care service—Designation. Any hospital or health care facility that desires to be
authorized to provide a designated trauma care service shall
request designation from the department. Designation
involves a contractual relationship between the state and a
hospital or health care facility whereby each agrees to maintain a level of commitment and resources sufficient to meet
responsibilities and standards required by the statewide emergency medical services and trauma care system plan. By January 1992, the department shall determine by rule the manner
and form of such requests. Upon receiving a request, the
department shall review the request to determine whether the
hospital or health care facility is in compliance with standards for the trauma care service or services for which designation is desired. If requests are received from more than one
hospital or health care facility within the same emergency
medical planning and trauma care planning and service
region, the department shall select the most qualified applicant or applicants to be selected through a competitive process. Any applicant not designated may request a hearing to
review the decision.
Designations are valid for a period of three years and are
renewable upon receipt of a request for renewal prior to expiration from the hospital or health care facility. When an
authorization for designation is due for renewal other hospitals and health care facilities in the area may also apply and
compete for designation. Regional emergency medical and
trauma care councils shall be notified promptly of designated
hospitals and health care facilities in their region so they may
incorporate them into the regional plan as required by this
chapter. The department may revoke or suspend the designation should it determine that the hospital or health care facility is substantially out of compliance with the standards and
has refused or been unable to comply after a reasonable
period of time has elapsed. The department shall promptly
notify the regional emergency medical and trauma care planning and service region of suspensions or revocations. Any
facility whose designation has been revoked or suspended
may request a hearing to review the action by the department
as provided for in chapter 34.05 RCW.
As a part of the process to designate and renew the designation of hospitals authorized to provide level I, II, or III
trauma care services or level I, II, and III pediatric trauma
care services, the department shall contract for on-site
[Title 70 RCW—page 422]
reviews of such hospitals to determine compliance with
required standards. The department may contract for on-site
reviews of hospitals and health care facilities authorized to
provide level IV or V trauma care services or level I, I-pediatric, II, or III trauma-related rehabilitative services to determine compliance with required standards. Members of onsite review teams and staff included in site visits are exempt
from RCW 42.17.250 through 42.17.450. They may not
divulge and cannot be subpoenaed to divulge information
obtained or reports written pursuant to this section in any
civil action, except, after in camera review, pursuant to a
court order which provides for the protection of sensitive
information of interested parties including the department:
(1) In actions arising out of the department's designation of a
hospital or health care facility pursuant to this section; (2) in
actions arising out of the department's revocation or suspension of designation status of a hospital or health care facility
under this section; or (3) in actions arising out of the restriction or revocation of the clinical or staff privileges of a health
care provider as defined in *RCW 70.70.020 (1) and (2), subject to any further restrictions on disclosure in RCW 4.24.250
that may apply. Information that identifies individual patients
shall not be publicly disclosed without the patient's consent.
When a facility requests designation for more than one service, the department may coordinate the joint consideration
of such requests.
The department may establish fees to help defray the
costs of this section, though such fees shall not be assessed to
health care facilities authorized to provide level IV and V
trauma care services.
This section shall not restrict the authority of a hospital
or a health care provider licensed under Title 18 RCW to provide services which it has been authorized to provide by state
law. [1990 c 269 § 9.]
*Reviser's note: The reference to RCW 70.70.020 appears to be erroneous. RCW 7.70.020 was apparently intended.
70.168.080
70.168.080 Prehospital trauma care service—Verification—Compliance—Variance. (1) Any provider desiring to provide a verified prehospital trauma care service shall
indicate on the licensing application how they meet the standards required for verification as a provider of this service.
The department shall notify the regional emergency medical
services and trauma care councils of the providers of verified
trauma care services in their regions. The department may
conduct on-site reviews of prehospital providers to assess
compliance with the applicable standards.
(2) Should the department determine that a prehospital
provider is substantially out of compliance with the standards, the department shall notify the regional emergency
medical services and trauma care council. If the failure of a
prehospital provider to comply with the applicable standards
results in the region being out of compliance with its regional
plan, the council shall take such steps necessary to assure the
region is brought into compliance within a reasonable period
of time. The council may seek assistance and funding from
the department and others to provide training or grants necessary to bring a prehospital provider into compliance. The
council may appeal to the department for modification of the
regional plan if it is unable to assure continued compliance
with the regional plan. The department may authorize modi(2004 Ed.)
Statewide Trauma Care System
fication of the plan if such modifications meet the requirements of this chapter. The department may suspend or revoke
the authorization of a prehospital provider to provide a verified prehospital service if the provider has refused or been
unable to comply after a reasonable period of time has
elapsed. The council shall be notified promptly of any revocations or suspensions. Any prehospital provider whose verification has been suspended or revoked may request a hearing
to review the action by the department as provided for in
chapter 34.05 RCW.
(3) The department may grant a variance from provisions
of this section if the department determines: (a) That no detriment to public health and safety will result from the variance, and (b) compliance with provisions of this section will
cause a reduction or loss of existing prehospital services.
Variances may be granted for a period not to exceed one year.
A variance may be renewed by the department. If a renewal
is granted, a plan of compliance shall be prepared specifying
steps necessary to bring a provider or region into compliance
and expected date of compliance.
(4) This section shall not restrict the authority of a provider licensed under Title 18 RCW to provide services which
it has been authorized to provide by state law. [1990 c 269 §
10.]
70.168.090
70.168.090 Statewide data registry—Quality assurance program—Confidentiality. (1) By July 1991, the
department shall establish a statewide data registry to collect
and analyze data on the incidence, severity, and causes of
trauma, including traumatic brain injury. The department
shall collect additional data on traumatic brain injury should
additional data requirements be enacted by the legislature.
The registry shall be used to improve the availability and
delivery of prehospital and hospital trauma care services.
Specific data elements of the registry shall be defined by rule
by the department. To the extent possible, the department
shall coordinate data collection from hospitals for the trauma
registry with the *statewide hospital data system authorized
in chapter 70.170 RCW. Every hospital, facility, or health
care provider authorized to provide level I, II, III, IV, or V
trauma care services, level I, II, or III pediatric trauma care
services, level I, level I-pediatric, II, or III trauma-related
rehabilitative services, and prehospital trauma-related services in the state shall furnish data to the registry. All other
hospitals and prehospital providers shall furnish trauma data
as required by the department by rule.
The department may respond to requests for data and
other information from the registry for special studies and
analysis consistent with requirements for confidentiality of
patient and quality assurance records. The department may
require requestors to pay any or all of the reasonable costs
associated with such requests that might be approved.
(2) By January 1994, in each emergency medical services and trauma care planning and service region, a regional
emergency medical services and trauma care systems quality
assurance program shall be established by those facilities
authorized to provide levels I, II, and III trauma care services.
The systems quality assurance program shall evaluate trauma
care delivery, patient care outcomes, and compliance with the
requirements of this chapter. The emergency medical services medical program director and all other health care pro(2004 Ed.)
70.168.100
viders and facilities who provide trauma care services within
the region shall be invited to participate in the regional emergency medical services and trauma care quality assurance
program.
(3) Data elements related to the identification of individual patient's, provider's and facility's care outcomes shall be
confidential, shall be exempt from RCW 42.17.250 through
42.17.450, and shall not be subject to discovery by subpoena
or admissible as evidence.
(4) Patient care quality assurance proceedings, records,
and reports developed pursuant to this section are confidential, exempt from RCW 42.17.250 through 42.17.450, and are
not subject to discovery by subpoena or admissible as evidence. In any civil action, except, after in camera review, pursuant to a court order which provides for the protection of
sensitive information of interested parties including the
department: (a) In actions arising out of the department's designation of a hospital or health care facility pursuant to RCW
70.168.070; (b) in actions arising out of the department's
revocation or suspension of designation status of a hospital or
health care facility under RCW 70.168.070; or (c) in actions
arising out of the restriction or revocation of the clinical or
staff privileges of a health care provider as defined in RCW
7.70.020 (1) and (2), subject to any further restrictions on disclosure in RCW 4.24.250 that may apply. Information that
identifies individual patients shall not be publicly disclosed
without the patient's consent. [1990 c 269 § 11.]
*Reviser's note: The "statewide hospital data system" was redesignated as the "health care data system" by 1993 c 492 § 259.
70.168.100
70.168.100 Regional emergency medical services and
trauma care councils. Regional emergency medical services and trauma care councils are established. The councils
shall:
(1) By June 1990, begin the development of regional
emergency medical services and trauma care plans to:
(a) Assess and analyze regional emergency medical services and trauma care needs;
(b) Identify personnel, agencies, facilities, equipment,
training, and education to meet regional and local needs;
(c) Identify specific activities necessary to meet statewide standards and patient care outcomes and develop a plan
of implementation for regional compliance;
(d) Establish and review agreements with regional providers necessary to meet state standards;
(e) Establish agreements with providers outside the
region to facilitate patient transfer;
(f) Include a regional budget;
(g) Establish the number and level of facilities to be designated which are consistent with state standards and based
upon availability of resources and the distribution of trauma
within the region;
(h) Identify the need for and recommend distribution and
level of care of prehospital services to assure adequate availability and avoid inefficient duplication and lack of coordination of prehospital services within the region; and
(i) Include other specific elements defined by the department;
(2) By June 1991, begin the submission of the regional
emergency services and trauma care plan to the department;
[Title 70 RCW—page 423]
70.168.110
Title 70 RCW: Public Health and Safety
(3) Advise the department on matters relating to the
delivery of emergency medical services and trauma care
within the region;
(4) Provide data required by the department to assess the
effectiveness of the emergency medical services and trauma
care system;
(5) May apply for, receive, and accept gifts and other
payments, including property and service, from any governmental or other public or private entity or person, and may
make arrangements as to the use of these receipts, including
any activities related to the design, maintenance, or enhancements of the emergency medical services and trauma care
system in the region. The councils shall report in the regional
budget the amount, source, and purpose of all gifts and payments. [1990 c 269 § 13.]
70.168.110
70.168.110 Planning and service regions. The department shall designate at least eight emergency medical services and trauma care planning and service regions so that all
parts of the state are within such an area. These regional designations are to be made on the basis of efficiency of delivery
of needed emergency medical services and trauma care.
[1990 c 269 § 14; 1987 c 214 § 4; 1973 1st ex.s. c 208 § 6.
Formerly RCW 18.73.060.]
70.168.120
70.168.120 Local and regional emergency medical
services and trauma care councils—Power and duties. (1)
A county or group of counties may create a local emergency
medical services and trauma care council composed of representatives of hospital and prehospital trauma care and emergency medical services providers, local elected officials, consumers, local law enforcement officials, and local government agencies involved in the delivery of emergency medical
services and trauma care.
(2) The department shall establish regional emergency
medical services and trauma care councils and shall appoint
members to be comprised of a balance of hospital and prehospital trauma care and emergency medical services providers,
local elected officials, consumers, local law enforcement representatives, and local government agencies involved in the
delivery of trauma care and emergency medical services recommended by the local emergency medical services and
trauma care councils within the region.
(3) Local emergency medical services and trauma care
councils shall review, evaluate, and provide recommendations to the regional emergency medical services and trauma
care council regarding the provision of emergency medical
services and trauma care in the region, and provide recommendations to the regional emergency medical services and
trauma care councils on the plan for emergency medical services and trauma care. [1990 c 269 § 15; 1987 c 214 § 6;
1983 c 112 § 8. Formerly RCW 18.73.073.]
70.168.130
70.168.130 Disbursement of funds to regional emergency medical services and trauma care councils—
Grants to nonprofit agencies—Purposes. (1) The department, with the assistance of the emergency medical services
and trauma care steering committee, shall adopt a program
for the disbursement of funds for the development, implementation, and enhancement of the emergency medical ser[Title 70 RCW—page 424]
vices and trauma care system. Under the program, the department shall disburse funds to each emergency medical services and trauma care regional council, or their chosen fiscal
agent or agents, which shall be city or county governments,
stipulating the purpose for which the funds shall be
expended. The regional emergency medical services and
trauma care council shall use such funds to make available
matching grants in an amount not to exceed fifty percent of
the cost of the proposal for which the grant is made; provided,
the department may waive or modify the matching requirement if it determines insufficient local funding exists and the
public health and safety would be jeopardized if the proposal
were not funded. Grants shall be made to any public or private nonprofit agency which, in the judgment of the regional
emergency medical services and trauma care council, will
best fulfill the purpose of the grant.
(2) Grants may be awarded for any of the following purposes:
(a) Establishment and initial development of an emergency medical services and trauma care system;
(b) Expansion and improvement of an emergency medical services and trauma care system;
(c) Purchase of equipment for the operation of an emergency medical services and trauma care system;
(d) Training and continuing education of emergency
medical and trauma care personnel; and
(e) Department approved research and development
activities pertaining to emergency medical services and
trauma care.
(3) Any emergency medical services agency or trauma
care provider which receives a grant shall stipulate that it
will:
(a) Operate in accordance with applicable provisions and
standards required under this chapter;
(b) Provide, without prior inquiry as to ability to pay,
emergency medical and trauma care to all patients requiring
such care; and
(c) Be consistent with applicable provisions of the
regional emergency medical services and trauma care plan
and the statewide emergency medical services and trauma
care system plan. [1990 c 269 § 16; 1987 c 214 § 8; 1979
ex.s. c 261 § 8. Formerly RCW 18.73.085.]
70.168.135
70.168.135 Grant program for designated trauma
care services—Rules. The department shall establish by
rule a grant program for designated trauma care services. The
grants shall be made from the emergency medical services
and trauma care system trust account and shall require
regional matching funds. The trust account funds and
regional match shall be in a seventy-five to twenty-five percent ratio. [1997 c 331 § 1.]
Effective date—1997 c 331: "Sections 1 through 8 of this act take
effect January 1, 1998." [1997 c 331 § 11.]
70.168.140
70.168.140 Prehospital provider liability. (1) No act
or omission of any prehospital provider done or omitted in
good faith while rendering emergency medical services in
accordance with the approved regional plan shall impose any
liability upon that provider.
(2004 Ed.)
Health Data and Charity Care
(2) This section does not apply to the commission or
omission of an act which is not within the field of the medical
expertise of the provider.
(3) This section does not relieve a provider of any duty
otherwise imposed by law.
(4) This section does not apply to any act or omission
which constitutes gross negligence or willful or wanton misconduct.
(5) This section applies in addition to provisions already
established in RCW 18.71.210. [1990 c 269 § 26.]
70.168.900 Short title. This chapter shall be known and
cited as the "statewide emergency medical services and
trauma care system act." [1990 c 269 § 2.]
70.168.900
70.168.901 Severability—1990 c 269. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1990 c 269 § 30.]
70.168.901
Chapter 70.170
Chapter 70.170 RCW
HEALTH DATA AND CHARITY CARE
Sections
70.170.010
70.170.020
70.170.050
70.170.060
70.170.070
70.170.080
70.170.090
70.170.900
70.170.905
Intent.
Definitions.
Requested studies—Costs.
Charity care—Prohibited and required hospital practices and
policies—Rules—Department to monitor and report.
Penalties.
Assessments—Costs.
Confidentiality.
Effective date—1989 1st ex.s. c 9.
Severability—1989 1st ex.s. c 9.
Hospital discharge data—Financial reports—Data retrieval—American
Indian health data: RCW 43.70.052.
70.170.010 Intent. (1) The legislature finds and
declares that there is a need for health care information that
helps the general public understand health care issues and
how they can be better consumers and that is useful to purchasers, payers, and providers in making health care choices
and negotiating payments. It is the purpose and intent of this
chapter to establish a hospital data collection, storage, and
retrieval system which supports these data needs and which
also provides public officials and others engaged in the
development of state health policy the information necessary
for the analysis of health care issues.
(2) The legislature finds that rising health care costs and
access to health care services are of vital concern to the people of this state. It is, therefore, essential that strategies be
explored that moderate health care costs and promote access
to health care services.
(3) The legislature further finds that access to health care
is among the state's goals and the provision of such care
should be among the purposes of health care providers and
facilities. Therefore, the legislature intends that charity care
requirements and related enforcement provisions for hospitals be explicitly established.
(4) The lack of reliable statistical information about the
delivery of charity care is a particular concern that should be
addressed. It is the purpose and intent of this chapter to
70.170.010
(2004 Ed.)
70.170.060
require hospitals to provide, and report to the state, charity
care to persons with acute care needs, and to have a state
agency both monitor and report on the relative commitment
of hospitals to the delivery of charity care services, as well as
the relative commitment of public and private purchasers or
payers to charity care funding. [1989 1st ex.s. c 9 § 501.]
70.170.020 Definitions. As used in this chapter:
(1) "Department" means department of health.
(2) "Hospital" means any health care institution which is
required to qualify for a license under *RCW 70.41.020(2);
or as a psychiatric hospital under chapter 71.12 RCW.
(3) "Secretary" means secretary of health.
(4) "Charity care" means necessary hospital health care
rendered to indigent persons, to the extent that the persons are
unable to pay for the care or to pay deductibles or co-insurance amounts required by a third-party payer, as determined
by the department.
(5) "Sliding fee schedule" means a hospital-determined,
publicly available schedule of discounts to charges for persons deemed eligible for charity care; such schedules shall be
established after consideration of guidelines developed by the
department.
(6) "Special studies" means studies which have not been
funded through the department's biennial or other legislative
appropriations. [1995 c 269 § 2203; 1989 1st ex.s. c 9 § 502.]
70.170.020
*Reviser's note: RCW 70.41.020 was amended by 2002 c 116 § 2,
changing subsection (2) to subsection (4).
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.170.050 Requested studies—Costs. The department shall have the authority to respond to requests of others
for special studies or analysis. The department may require
such sponsors to pay any or all of the reasonable costs associated with such requests that might be approved, but in no
event may costs directly associated with any such special
study be charged against the funds generated by the assessment authorized under RCW 70.170.080. [1989 1st ex.s. c 9
§ 505.]
70.170.050
70.170.060 Charity care—Prohibited and required
hospital practices and policies—Rules—Department to
monitor and report. (1) No hospital or its medical staff
shall adopt or maintain admission practices or policies which
result in:
(a) A significant reduction in the proportion of patients
who have no third-party coverage and who are unable to pay
for hospital services;
(b) A significant reduction in the proportion of individuals admitted for inpatient hospital services for which payment
is, or is likely to be, less than the anticipated charges for or
costs of such services; or
(c) The refusal to admit patients who would be expected
to require unusually costly or prolonged treatment for reasons
other than those related to the appropriateness of the care
available at the hospital.
(2) No hospital shall adopt or maintain practices or policies which would deny access to emergency care based on
ability to pay. No hospital which maintains an emergency
70.170.060
[Title 70 RCW—page 425]
70.170.070
Title 70 RCW: Public Health and Safety
department shall transfer a patient with an emergency medical condition or who is in active labor unless the transfer is
performed at the request of the patient or is due to the limited
medical resources of the transferring hospital. Hospitals must
follow reasonable procedures in making transfers to other
hospitals including confirmation of acceptance of the transfer
by the receiving hospital.
(3) The department shall develop definitions by rule, as
appropriate, for subsection (1) of this section and, with reference to federal requirements, subsection (2) of this section.
The department shall monitor hospital compliance with subsections (1) and (2) of this section. The department shall
report individual instances of possible noncompliance to the
state attorney general or the appropriate federal agency.
(4) The department shall establish and maintain by rule,
consistent with the definition of charity care in RCW
70.170.020, the following:
(a) Uniform procedures, data requirements, and criteria
for identifying patients receiving charity care;
(b) A definition of residual bad debt including reasonable and uniform standards for collection procedures to be
used in efforts to collect the unpaid portions of hospital
charges that are the patient's responsibility.
(5) For the purpose of providing charity care, each hospital shall develop, implement, and maintain a charity care
policy which, consistent with subsection (1) of this section,
shall enable people below the federal poverty level access to
appropriate hospital-based medical services, and a sliding fee
schedule for determination of discounts from charges for persons who qualify for such discounts by January 1, 1990. The
department shall develop specific guidelines to assist hospitals in setting sliding fee schedules required by this section.
All persons with family income below one hundred percent
of the federal poverty standard shall be deemed charity care
patients for the full amount of hospital charges, provided that
such persons are not eligible for other private or public health
coverage sponsorship. Persons who may be eligible for charity care shall be notified by the hospital.
(6) Each hospital shall make every reasonable effort to
determine the existence or nonexistence of private or public
sponsorship which might cover in full or part the charges for
care rendered by the hospital to a patient; the family income
of the patient as classified under federal poverty income
guidelines; and the eligibility of the patient for charity care as
defined in this chapter and in accordance with hospital policy. An initial determination of sponsorship status shall precede collection efforts directed at the patient.
(7) The department shall monitor the distribution of
charity care among hospitals, with reference to factors such
as relative need for charity care in hospital service areas and
trends in private and public health coverage. The department
shall prepare reports that identify any problems in distribution which are in contradiction of the intent of this chapter.
The report shall include an assessment of the effects of the
provisions of this chapter on access to hospital and health
care services, as well as an evaluation of the contribution of
all purchasers of care to hospital charity care.
(8) The department shall issue a report on the subjects
addressed in this section at least annually, with the first report
due on July 1, 1990. [1998 c 245 § 118; 1989 1st ex.s. c 9 §
506.]
[Title 70 RCW—page 426]
70.170.070
70.170.070 Penalties. (1) Every person who shall violate or knowingly aid and abet the violation of RCW
70.170.060 (5) or (6), 70.170.080, or *70.170.100, or any
valid orders or rules adopted pursuant to these sections, or
who fails to perform any act which it is herein made his or her
duty to perform, shall be guilty of a misdemeanor. Following
official notice to the accused by the department of the existence of an alleged violation, each day of noncompliance upon
which a violation occurs shall constitute a separate violation.
Any person violating the provisions of this chapter may be
enjoined from continuing such violation. The department has
authority to levy civil penalties not exceeding one thousand
dollars for violations of this chapter and determined pursuant
to this section.
(2) Every person who shall violate or knowingly aid and
abet the violation of RCW 70.170.060 (1) or (2), or any valid
orders or rules adopted pursuant to such section, or who fails
to perform any act which it is herein made his or her duty to
perform, shall be subject to the following criminal and civil
penalties:
(a) For any initial violations: The violating person shall
be guilty of a misdemeanor, and the department may impose
a civil penalty not to exceed one thousand dollars as determined pursuant to this section.
(b) For a subsequent violation of RCW 70.170.060 (1) or
(2) within five years following a conviction: The violating
person shall be guilty of a misdemeanor, and the department
may impose a penalty not to exceed three thousand dollars as
determined pursuant to this section.
(c) For a subsequent violation with intent to violate
RCW 70.170.060 (1) or (2) within five years following a conviction: The criminal and civil penalties enumerated in (a) of
this subsection; plus up to a three-year prohibition against the
issuance of tax exempt bonds under the authority of the
Washington health care facilities authority; and up to a threeyear prohibition from applying for and receiving a certificate
of need.
(d) For a violation of RCW 70.170.060 (1) or (2) within
five years of a conviction under (c) of this subsection: The
criminal and civil penalties and prohibition enumerated in (a)
and (b) of this subsection; plus up to a one-year prohibition
from participation in the state medical assistance or medical
care services authorized under chapter 74.09 RCW.
(3) The provisions of chapter 34.05 RCW shall apply to
all noncriminal actions undertaken by the department of
health, the department of social and health services, and the
Washington health care facilities authority pursuant to chapter 9, Laws of 1989 1st ex. sess. [1989 1st ex.s. c 9 § 507.]
*Reviser's note: RCW 70.170.100 was repealed by 1995 c 265 § 27
and by 1995 c 267 § 12, effective July 1, 1995.
70.170.080
70.170.080 Assessments—Costs. The basic expenses
for the hospital data collection and reporting activities of this
chapter shall be financed by an assessment against hospitals
of no more than four one-hundredths of one percent of each
hospital's gross operating costs, to be levied and collected
from and after that date, upon which the similar assessment
levied under *chapter 70.39 RCW is terminated, for the provision of hospital services for its last fiscal year ending on or
before June 30th of the preceding calendar year. Budgetary
requirements in excess of that limit must be financed by a
(2004 Ed.)
Rural Health System Project
general fund appropriation by the legislature. All moneys collected under this section shall be deposited by the state treasurer in the hospital data collection account which is hereby
created in the state treasury. The department may also charge,
receive, and dispense funds or authorize any contractor or
outside sponsor to charge for and reimburse the costs associated with special studies as specified in RCW 70.170.050.
During the 1993-1995 fiscal biennium, moneys in the
hospital data collection account may be expended, pursuant
to appropriation, for hospital data analysis and the administration of the health information program.
Any amounts raised by the collection of assessments
from hospitals provided for in this section which are not
required to meet appropriations in the budget act for the current fiscal year shall be available to the department in succeeding years. [1993 sp.s. c 24 § 925; 1991 sp.s. c 13 § 71;
1989 1st ex.s. c 9 § 508.]
*Reviser's note: Chapter 70.39 RCW was repealed by 1982 c 223 § 10,
effective June 30, 1990.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
70.170.090 Confidentiality. The department and any
of its contractors or agents shall maintain the confidentiality
of any information which may, in any manner, identify individual patients. [1989 1st ex.s. c 9 § 509.]
70.170.090
70.170.900 Effective date—1989 1st ex.s. c 9.
RCW 43.70.910.
See
70.170.905 Severability—1989 1st ex.s. c 9.
RCW 43.70.920.
See
70.170.900
70.170.905
Chapter 70.175
Chapter 70.175 RCW
RURAL HEALTH SYSTEM PROJECT
Sections
70.175.010
70.175.020
70.175.030
70.175.040
70.175.050
70.175.060
70.175.070
70.175.080
70.175.090
70.175.100
70.175.110
70.175.120
70.175.130
70.175.140
70.175.900
70.175.910
Legislative findings.
Definitions.
Project established—Implementation.
Rules.
Secretary's powers and duties.
Duties and responsibilities of participating communities.
Cooperation of state agencies.
Powers and duties of secretary—Contracting.
Participants authorized to contract—Penalty—Secretary and
state exempt from liability.
Licensure—Rules.
Licensure—Rules—Duties of department.
Rural health care facility not a hospital.
Rural health care plan.
Consultative advice for licensees or applicants.
Effective date—1989 1st ex.s. c 9.
Severability—1989 1st ex.s. c 9.
Rural health access account: RCW 43.70.325.
Rural hospitals: RCW 70.38.105, 70.38.111, 70.41.090.
Rural public hospital districts: RCW 70.44.450.
70.175.010 Legislative findings. (1) The legislature
declares that availability of health services to rural citizens is
an issue on which a state policy is needed.
The legislature finds that changes in the demand for
health care, in reimbursement polices of public and private
70.175.010
(2004 Ed.)
70.175.020
purchasers, [and] in the economic and demographic conditions in rural areas threaten the availability of care services.
In addition, many factors inhibit needed changes in the
delivery of health care services to rural areas which include
inappropriate and outdated regulatory laws, aging and inefficient health care facilities, the absence of local planning and
coordination of rural health care services, the lack of community understanding of the real costs and benefits of supporting
rural hospitals, the lack of regional systems to assure access
to care that cannot be provided in every community, and the
absence of state health care policy objectives.
The legislature further finds that the creation of effective
health care delivery systems that assure access to health care
services provided in an affordable manner will depend on
active local community involvement. It further finds that it is
the duty of the state to create a regulatory environment and
health care payment policy that promotes innovation at the
local level to provide such care.
It further declares that it is the responsibility of the state
to develop policy that provides direction to local communities with regard to such factors as a definition of health care
services, identification of statewide health status outcomes,
clarification of state, regional, [and] community responsibilities and interrelationships for assuring access to affordable
health care and continued assurances that quality health care
services are provided.
(2) The legislature further finds that many rural communities do not operate hospitals in a cost-efficient manner. The
cost of operating the rural hospital often exceeds the revenues
generated. Some of these hospitals face closure, which may
result in the loss of health care services for the community.
Many communities are struggling to retain health care services by operating a cost-efficient facility located in the community. Current regulatory laws do not provide for the facilities licensure option that is appropriate for rural areas. A
major barrier to the development of an appropriate rural
licensure model is federal medicare approval to guarantee
reimbursement for the costs of providing care and operating
the facility. Medicare certification typically elaborates upon
state licensure requirements. Medicare approval of reimbursement is more likely if the state has developed legal criteria for a rural-appropriate health facility. Medicare has
begun negotiations with other states facing similar problems
to develop exceptions with the goal of allowing reimbursement of rural alternative health care facilities. It is in the best
interests of rural citizens for Washington state to begin negotiations with the federal government with the objective of
designing a medicare eligible rural health care facility structured to meet the health care needs of rural Washington and
be eligible for federal and state financial support for its development and operation. [1989 1st ex.s. c 9 § 701.]
70.175.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Administrative structure" means a system of contracts or formal agreements between organizations and persons providing health services in an area that establishes the
roles and responsibilities each will assume in providing the
services of the rural health care facility.
(2) "Department" means the department of health.
70.175.020
[Title 70 RCW—page 427]
70.175.030
Title 70 RCW: Public Health and Safety
(3) "Health care delivery system" means services and
personnel involved in providing health care to a population in
a geographic area.
(4) "Health care facility" means any land, structure, system, machinery, equipment, or other real or personal property
or appurtenances useful for or associated with delivery of
inpatient or outpatient health care service or support for such
care or any combination thereof which is operated or undertaken in connection with a hospital, clinic, health maintenance organization, diagnostic or treatment center, extended
care facility, or any facility providing or designed to provide
therapeutic, convalescent or preventive health care services.
(5) "Health care system strategic plan" means a plan
developed by the participant and includes identification of
health care service needs of the participant, services and personnel necessary to meet health care service needs, identification of health status outcomes and outcome measures, identification of funding sources, and strategies to meet health
care needs including measures of effectiveness.
(6) "Institutions of higher education" means educational
institutions as defined in RCW 28B.10.016.
(7) "Local administrator" means an individual or organization representing the participant who may enter into legal
agreements on behalf of the participant.
(8) "Participant" means communities, counties, and
regions that serve as a health care catchment area where the
project site is located.
(9) "Project" means the Washington rural health system
project.
(10) "Project site" means a site selected to participate in
the project.
(11) "Rural health care facility" means a facility, group,
or other formal organization or arrangement of facilities,
equipment, and personnel capable of providing or assuring
availability of health services in a rural area. The services to
be provided by the rural health care facility may be delivered
in a single location or may be geographically dispersed in the
community health service catchment area so long as they are
organized under a common administrative structure or
through a mechanism that provides appropriate referral, treatment, and follow-up.
(12) "Secretary" means the secretary of health. [1989 1st
ex.s. c 9 § 702.]
70.175.030 Project established—Implementation.
(1) The department shall establish the Washington rural
health system project to provide financial and technical assistance to participants. The goal of the project is to help assure
access to affordable health care services to citizens in the
rural areas of Washington state.
(2) Administrative costs necessary to implement this
project shall be kept at a minimum to insure the maximum
availability of funds for participants.
(3) The secretary may contract with third parties for services necessary to carry out activities to implement this chapter where this will promote economy, avoid duplication of
effort, and make the best use of available expertise.
(4) The secretary may apply for, receive, and accept gifts
and other payments, including property and service, from any
governmental or other public or private entity or person, and
may make arrangements as to the use of these receipts,
70.175.030
[Title 70 RCW—page 428]
including the undertaking of special studies and other
projects related to the delivery of health care in rural areas.
(5) In designing and implementing the project the secretary shall consider the report of the Washington rural health
care commission established under chapter 207, Laws of
1988. Nothing in this chapter requires the secretary to follow
any specific recommendation contained in that report except
as it may also be included in this chapter. [1994 sp.s. c 9 §
806; 1989 1st ex.s. c 9 § 703.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
70.175.040 Rules. The department shall adopt rules
consistent with this chapter to carry out the purpose of this
chapter. All rules shall be adopted in accordance with chapter
34.05 RCW. All rules and procedures adopted by the department shall minimize paperwork and compliance requirements for participants and should not be complex in nature so
as to serve as a barrier or disincentive for prospective participants applying for the project. [1989 1st ex.s. c 9 § 704.]
70.175.040
70.175.050 Secretary's powers and duties. The secretary shall have the following powers and duties:
(1) To design the project application and selection process, including a program to advertise the project to rural
communities and encourage prospective applicants to apply.
Project sites that receive seed grant funding may hire consultants and shall perform other activities necessary to meet participant requirements defined in this chapter. In considering
selection of participants eligible for seed grant funding, the
secretary should consider project sites where (a) existing
access to health care is severely inadequate, (b) where a
financially vulnerable health care facility is present, (c)
where a financially vulnerable health care facility is present
and an adjoining community in the same catchment area has
a competing facility, or (d) where improvements in the delivery of primary care services, including preventive care services, is needed.
The department may obtain technical assistance support for
project sites that are not selected to be funded sites. The secretary shall select these assisted project sites based upon
merit and to the extent possible, based upon the desire to
address specific health status outcomes;
(2) To design acceptable outcome measures which are
based upon health status outcomes and are to be part of the
community plan, to work with communities to set acceptable
local outcome targets in the health care delivery system strategic plan, and to serve as a general resource to participants in
the planning, administration, and evaluation of project sites;
(3) To assess and approve community strategic plans
developed by participants, including an assessment of the
technical and financial feasibility of implementing the plan
and whether adequate local support for the plan is demonstrated;
(4) To define health care catchment areas, identify financially vulnerable health care facilities, and to identify rural
populations which are not receiving adequate health care services;
(5) To identify existing private and public resources
which may serve as eligible consultants, identify technical
assistance resources for communities in the project, create a
70.175.050
(2004 Ed.)
Rural Health System Project
register of public and private technical resource services
available and provide the register to participants. The secretary shall screen consultants to determine their qualifications
prior to including them on the register;
(6) To work with other state agencies, institutions of
higher education, and other public and private organizations
to coordinate technical assistance services for participants;
(7) To administer available funds for community use
while participating in the project and establish procedures to
assure accountability in the use of seed grant funds by participants;
(8) To define data and other minimum requirements for
adequate evaluation of projects and to develop and implement an overall monitoring and evaluation mechanism for the
projects;
(9) To act as facilitator for multiple applicants and
entrants to the project;
(10) To report to the appropriate legislative committees
and others from time to time on the progress of the projects
including the identification of statutory and regulatory barriers to successful completion of rural health care delivery
goals and an ongoing evaluation of the project. [1991 c 224
§ 1; 1989 1st ex.s. c 9 § 705.]
70.175.060 Duties and responsibilities of participating communities. The duties and responsibilities of participating communities shall include:
(1) To involve major health care providers, businesses,
public officials, and other community leaders in project
design, administration, and oversight;
(2) To identify an individual or organization to serve as
the local administrator of the project. The secretary may
require the local administrator to maintain acceptable
accountability of seed grant funding;
(3) To coordinate and avoid duplication of public health
and other health care services;
(4) To assess and analyze community health care needs;
(5) To identify services and providers necessary to meet
needs;
(6) To develop outcome measures to assess the longterm effectiveness of modifications initiated through the
project;
(7) To write a health care delivery system strategic plan
including to the extent possible, identification of outcome
measures needed to achieve health status outcomes identified
in the plan. New organizational structures created should
integrate existing programs and activities of local health providers so as to maximize the efficient planning and delivery
of health care by local providers and promote more accessible
and affordable health care services to rural citizens. Participants should create health care delivery system strategic
plans which promote health care services which the participant can financially sustain;
(8) To screen and contract with consultants for technical
assistance if the project site was selected to receive funding
and assistance is needed;
(9) To monitor and evaluate the project in an ongoing
manner;
(10) To implement necessary changes as defined in the
plans such as converting existing facilities, developing or
modifying services, recruiting providers, or obtaining agree70.175.060
(2004 Ed.)
70.175.100
ments with other communities to provide some or all health
care services; and
(11) To provide data and comply with other requirements of the administrator that are intended to evaluate the
effectiveness of the projects. [1989 1st ex.s. c 9 § 706.]
70.175.070
70.175.070 Cooperation of state agencies. (1) The
secretary may call upon other agencies of the state to provide
available information to assist the secretary in meeting the
responsibilities under this chapter. This information shall be
supplied as promptly as circumstances permit.
(2) The secretary may call upon other state agencies
including institutions of higher education as authorized under
Title 28B RCW to identify and coordinate the delivery of
technical assistance services to participants in meeting the
responsibilities of this chapter. The state agencies and institutions of higher education shall cooperate and provide technical assistance to the secretary to the extent that current funding for these agencies and institutions of higher education
permits. [1989 1st ex.s. c 9 § 707.]
70.175.080
70.175.080 Powers and duties of secretary—Contracting. In addition to the powers and duties specified in
RCW 70.175.050 the secretary has the power to enter into
contracts for the following functions and services:
(1) With public or private agencies, to assist the secretary
in the secretary's duties to design or revise the health status
outcomes, or to monitor or evaluate the performance of participants.
(2) With public or private agencies, to provide technical
or professional assistance to project participants. [1989 1st
ex.s. c 9 § 708.]
70.175.090
70.175.090 Participants authorized to contract—
Penalty—Secretary and state exempt from liability. (1)
Participants are authorized to use funding granted to them by
the secretary for the purpose of contracting for technical
assistance services. Participants shall use only consultants
identified by the secretary for consulting services unless the
participant can show that an alternative consultant is qualified to provide technical assistance and is approved by the
secretary. Adequate records shall be kept by the participant
showing project site expenditures from grant moneys. Inappropriate use of grant funding shall be a gross misdemeanor.
(2) In providing a list of qualified consultants the secretary and the state shall not be held responsible for assuring
qualifications of consultants and shall be held harmless for
the actions of consultants. Furthermore, the secretary and the
state shall not be held liable for the failure of participants to
meet contractual obligations established in connection with
project participation. [1989 1st ex.s. c 9 § 709.]
70.175.100
70.175.100 Licensure—Rules. (1) The department
shall establish and adopt such standards and rules pertaining
to the construction, maintenance, and operation of a rural
health care facility and the scope of health care services, and
rescind, amend, or modify the rules from time to time as necessary in the public interest. In developing the rules, the
department shall consult with representatives of rural hospitals, community mental health centers, public health depart[Title 70 RCW—page 429]
70.175.110
Title 70 RCW: Public Health and Safety
ments, community and migrant health clinics, and other providers of health care in rural communities. The department
shall also consult with third-party payers, consumers, local
officials, and others to ensure broad participation in defining
regulatory standards and requirements that are appropriate
for a rural health care facility.
(2) When developing the rural health care facility licensure rules, the department shall consider the report of the
Washington rural health care commission established under
chapter 207, Laws of 1988. Nothing in this chapter requires
the department to follow any specific recommendation contained in that report except as it may also be included in this
chapter.
(3) Upon developing rules, the department shall enter
into negotiations with appropriate federal officials to seek
medicare approval of the facility and financial participation
of medicare and other federal programs in developing and
operating the rural health care facility. [1998 c 245 § 119;
1989 1st ex.s. c 9 § 710.]
contact the department for consultative advice before commencing such alteration, addition, or new construction.
[1992 c 27 § 5.]
70.175.900
70.175.900 Effective date—1989 1st ex.s. c 9.
RCW 43.70.910.
70.175.910
70.175.910 Severability—1989 1st ex.s. c 9.
RCW 43.70.920.
Chapter 70.180
70.175.120
70.175.120 Rural health care facility not a hospital.
The rural health care facility is not considered a hospital for
building occupancy purposes. [1989 1st ex.s. c 9 § 712.]
See
Chapter 70.180 RCW
RURAL HEALTH CARE
Sections
70.180.005
70.180.009
70.180.011
70.180.020
70.180.030
70.175.110
70.175.110 Licensure—Rules—Duties of department. In developing the rural health care facility licensure
regulations, the department shall:
(1) Minimize regulatory requirements to permit local
flexibility and innovation in providing services;
(2) Promote the cost-efficient delivery of health care and
other social services as is appropriate for the particular local
community;
(3) Promote the delivery of services in a coordinated and
nonduplicative manner;
(4) Maximize the use of existing health care facilities in
the community;
(5) Permit regionalization of health care services when
appropriate;
(6) Provide for linkages with hospitals, tertiary care centers, and other health care facilities to provide services not
available in the facility; and
(7) Achieve health care outcomes defined by the community through a community planning process. [1989 1st
ex.s. c 9 § 711.]
See
70.180.040
70.180.110
70.180.120
70.180.130
Finding—Health care professionals.
Finding—Rural training opportunities.
Definitions.
Health professional temporary substitute resource pool.
Registry of health care professionals available to rural communities—Conditions of participation.
Request procedure—Acceptance of gifts.
Rural training opportunities—Plan development.
Midwifery—Statewide plan.
Expenditures, funding.
Rural health access account: RCW 43.70.325.
Rural public hospital districts: RCW 70.44.450.
70.180.005
70.180.005 Finding—Health care professionals. The
legislature finds that a health care access problem exists in
rural areas of the state because rural health care providers are
unable to leave the community for short-term periods of time
to attend required continuing education training or for personal matters because their absence would leave the community without adequate medical care coverage. The lack of
adequate medical coverage in geographically remote rural
communities constitutes a threat to the health and safety of
the people in those communities.
The legislature declares that it is in the public interest to
recruit and maintain a pool of physicians, physician assistants, pharmacists, and advanced registered nurse practitioners willing and able on short notice to practice in rural communities on a short-term basis to meet the medical needs of
the community. [1991 c 332 § 27; 1990 c 271 § 1.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
70.175.130
70.175.130 Rural health care plan. The department
may develop and implement a rural health care plan and may
approve hospital and rural health care facility requests to be
designated as essential access community hospitals or rural
primary care hospitals so that such facilities may form rural
health networks to preserve health care services in rural areas
and thereby be eligible for federal program funding and
enhanced medicare reimbursement. The department may
monitor any rural health care plan and designated facilities to
assure continued compliance with the rural health care plan.
[1992 c 27 § 4; 1990 c 271 § 18.]
70.175.140
70.175.140 Consultative advice for licensees or applicants. Any licensee or applicant desiring to make alterations
or additions to its facilities or to construct new facilities may
[Title 70 RCW—page 430]
70.180.009
70.180.009 Finding—Rural training opportunities.
The legislature finds that a shortage of physicians, nurses,
pharmacists, and physician assistants exists in rural areas of
the state. In addition, many education programs to train these
health care providers do not include options for practical
training experience in rural settings. As a result, many health
care providers find their current training does not prepare
them for the unique demands of rural practice.
The legislature declares that the availability of rural
training opportunities as a part of professional medical, nursing, pharmacist, and physician assistant education would provide needed practical experience, serve to attract providers to
rural areas, and help address the current shortage of these
providers in rural Washington. [1990 c 271 § 14.]
(2004 Ed.)
Rural Health Care
70.180.011 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of health.
(2) "Rural areas" means a rural area in the state of Washington as identified by the department. [1991 c 332 § 29.]
70.180.011
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
70.180.020
70.180.020 Health professional temporary substitute
resource pool. The department shall establish or contract for
a health professional temporary substitute resource pool. The
purpose of the pool is to provide short-term physician, physician assistant, pharmacist, and advanced registered nurse
practitioner personnel to rural communities where these
health care providers:
(1) Are unavailable due to provider shortages;
(2) Need time off from practice to attend continuing education and other training programs; and
(3) Need time off from practice to attend to personal
matters or recover from illness.
The health professional temporary substitute resource
pool is intended to provide short-term assistance and should
complement active health provider recruitment efforts by
rural communities where shortages exist. [1994 c 103 § 1;
1990 c 271 § 2.]
70.180.030 Registry of health care professionals
available to rural communities—Conditions of participation. (1) The department, in cooperation with the University
of Washington school of medicine, the state's registered nursing programs, the state's pharmacy programs, and other
appropriate public and private agencies and associations,
shall develop and keep current a register of physicians, physician assistants, pharmacists, and advanced registered nurse
practitioners who are available to practice on a short-term
basis in rural communities of the state. The department shall
list only individuals who have a valid license to practice. The
register shall be compiled and made available to all rural hospitals, public health departments and districts, rural pharmacies, and other appropriate public and private agencies and
associations.
(2) Eligible health care professionals are those licensed
under chapters 18.57, 18.57A, 18.64, 18.71, and 18.71A
RCW and advanced registered nurse practitioners licensed
under chapter 18.79 RCW.
(3) Participating sites may:
(a) Receive reimbursement for substitute provider travel
to and from the rural community and for lodging at a rate
determined under RCW 43.03.050 and 43.03.060; and
(b) Receive reimbursement for the cost of malpractice
insurance if the services provided are not covered by the substitute provider's or local provider's existing medical malpractice insurance. Reimbursement for malpractice insurance
shall only be made available to sites that incur additional
costs for substitute provider coverage.
(4) The department may require rural communities to
participate in health professional recruitment programs as a
condition for providing a temporary substitute health care
professional if the community does not have adequate permanent health care personnel. To the extent deemed appropriate
70.180.030
(2004 Ed.)
70.180.110
and subject to funding, the department may also require communities to participate in other programs or projects, such as
the rural health system project authorized in chapter 70.175
RCW, that are designed to assist communities to reorganize
the delivery of rural health care services.
(5) A participating site may receive reimbursement for
substitute provider assistance as provided for in subsection
(3) of this section for up to ninety days during any twelvemonth period. The department may modify or waive this limitation should it determine that the health and safety of the
community warrants a waiver or modification.
(6) Participating sites shall:
(a) Be responsible for all salary expenses for the temporary substitute provider.
(b) Provide the temporary substitute provider with referral and back-up coverage information. [1994 sp.s. c 9 § 746;
1994 c 103 § 2; 1990 c 271 § 3.]
Reviser's note: This section was amended by 1994 c 103 § 2 and by
1994 sp.s. c 9 § 746, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
70.180.040
70.180.040 Request procedure—Acceptance of gifts.
(1) Requests for a temporary substitute health care professional may be made to the department by the certified health
plan, local rural hospital, public health department or district,
community health clinic, local practicing physician, physician assistant, pharmacist, or advanced registered nurse practitioner, or local city or county government.
(2) The department may provide directly or contract for
services to:
(a) Establish a manner and form for receiving requests;
(b) Minimize paperwork and compliance requirements
for participant health care professionals and entities requesting assistance; and
(c) Respond promptly to all requests for assistance.
(3) The department may apply for, receive, and accept
gifts and other payments, including property and services,
from any governmental or other public or private entity or
person, and may make arrangements as to the use of these
receipts to operate the pool. The department shall make available upon request to the appropriate legislative committees
information concerning the source, amount, and use of such
gifts or payments. [1994 c 103 § 3; 1990 c 271 § 4.]
70.180.110
70.180.110 Rural training opportunities—Plan
development. (1) The department, in consultation with at
least the higher education coordinating board, the state board
for community and technical colleges, the superintendent of
public instruction, and state-supported education programs in
medicine, pharmacy, and nursing, shall develop a plan for
increasing rural training opportunities for students in medicine, pharmacy, and nursing. The plan shall provide for direct
exposure to rural health professional practice conditions for
students planning careers in medicine, pharmacy, and nursing.
(2) The department and the medical, pharmacy, and
nurse education programs shall:
[Title 70 RCW—page 431]
70.180.120
Title 70 RCW: Public Health and Safety
(a) Inventory existing rural-based clinical experience
programs, including internships, clerkships, residencies, and
other training opportunities available to students pursuing
degrees in nursing, pharmacy, and medicine;
(b) Identify where training opportunities do not currently
exist and are needed;
(c) Develop recommendations for improving the availability of rural training opportunities;
(d) Develop recommendations on establishing agreements between education programs to assure that all students
in medical, pharmacist, and nurse education programs in the
state have access to rural training opportunities; and
(e) Review private and public funding sources to finance
rural-based training opportunities. [1998 c 245 § 120; 1990 c
271 § 15.]
70.180.120
70.180.120 Midwifery—Statewide plan. The department, in consultation with training programs that lead to
licensure in midwifery and certification as a certified nurse
midwife, and other appropriate private and public groups,
shall develop a statewide plan to address access to midwifery
services.
The plan shall include at least the following: (1) Identification of maternity service shortage areas in the state where
midwives could reduce the shortage of services; (2) an inventory of current training programs and preceptorship activities
available to train licensed and certified nurse midwives; (3)
identification of gaps in the availability of training due to
such factors as geographic or economic conditions that prevent individuals from seeking training; (4) identification of
other barriers to utilizing midwives; (5) identification of
strategies to train future midwives such as developing training programs at community colleges and universities, using
innovative telecommunications for training in rural areas,
and establishing preceptorship programs accessible to prospective midwives in shortage areas; (6) development of
recruitment strategies; and (7) estimates of expected costs
associated in recruitment and training.
The plan shall identify the most expeditious and costefficient manner to recruit and train midwives to meet the
current shortages. Plan development and implementation
shall be coordinated with other state policy efforts directed
toward, but not limited to, maternity care access, rural health
care system organization, and provider recruitment for shortage and medically underserved areas of the state. [1998 c 245
§ 121; 1990 c 271 § 16.]
70.180.130
70.180.130 Expenditures, funding. Any additional
expenditures incurred by the University of Washington from
provisions of chapter 271, Laws of 1990 shall be funded from
existing financial resources. [1990 c 271 § 28.]
Chapter 70.185 RCW
RURAL AND UNDERSERVED AREAS—
HEALTH CARE PROFESSIONAL
RECRUITMENT AND RETENTION
Chapter 70.185
Sections
70.185.010
70.185.020
Definitions.
Statewide recruitment and retention clearinghouse.
[Title 70 RCW—page 432]
70.185.030
70.185.040
70.185.050
70.185.060
70.185.070
70.185.080
70.185.090
70.185.100
70.185.900
Community-based recruitment and retention projects—Duties
of department.
Rules.
Secretary's powers and duties.
Duties and responsibilities of participating communities.
Cooperation of state agencies.
Participants authorized to contract—Penalty—Secretary and
state exempt from liability.
Community contracted student educational positions.
Contracts with area health education centers.
Application to scope of practice—Captions not law—1991 c
332.
Rural public hospital districts: RCW 70.44.450.
70.185.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of health.
(2) "Health care professional recruitment and retention
strategic plan" means a plan developed by the participant and
includes identification of health care personnel needs of the
community, how these professionals will be recruited and
retained in the community following recruitment.
(3) "Institutions of higher education" means educational
institutions as defined in RCW 28B.10.016.
(4) "Local administrator" means an individual or organization representing the participant who may enter into legal
agreements on behalf of the participant.
(5) "Participant" means communities, counties, and
regions that serve as a health care catchment area where the
project site is located.
(6) "Project" means the community-based retention and
recruitment project.
(7) "Project site" means a site selected to participate in
the project.
(8) "Secretary" means the secretary of health. [1991 c
332 § 7.]
70.185.010
70.185.020 Statewide recruitment and retention
clearinghouse. The department, in consultation with appropriate private and public entities, shall establish a health professional recruitment and retention clearinghouse. The clearinghouse shall:
(1) Inventory and classify the current public and private
health professional recruitment and retention efforts;
(2) Identify recruitment and retention program models
having the greatest success rates;
(3) Identify recruitment and retention program gaps;
(4) Work with existing recruitment and retention programs to better coordinate statewide activities and to make
such services more widely known and broadly available;
(5) Provide general information to communities, health
care facilities, and others about existing available programs;
(6) Work in cooperation with private and public entities
to develop new recruitment and retention programs;
(7) Identify needed recruitment and retention programming for state institutions, county public health departments
and districts, county human service agencies, and other entities serving substantial numbers of public pay and charity
care patients, and may provide to these entities when they
have been selected as participants necessary recruitment and
retention assistance including:
(a) Assistance in establishing or enhancing recruitment
of health care professionals;
70.185.020
(2004 Ed.)
Rural and Underserved Areas—Health Care Professional Recruitment and Retention
(b) Recruitment on behalf of sites unable to establish
their own recruitment program; and
(c) Assistance with retention activities when practitioners of the health professional loan repayment and scholarship program authorized by *chapter 18.150 RCW are
present in the practice setting. [1991 c 332 § 8.]
*Reviser's note: Chapter 18.150 RCW was recodified as chapter
28B.115 RCW by 1991 c 332 § 36.
70.185.030
70.185.030 Community-based recruitment and
retention projects—Duties of department. (1) The department may, subject to funding, establish community-based
recruitment and retention project sites to provide financial
and technical assistance to participating communities. The
goal of the project is to help assure the availability of health
care providers in rural and underserved urban areas of Washington state.
(2) Administrative costs necessary to implement this
project shall be kept at a minimum to insure the maximum
availability of funds for participants.
(3) The secretary may contract with third parties for services necessary to carry out activities to implement this chapter where this will promote economy, avoid duplication of
effort, and make the best use of available expertise.
(4) The secretary may apply for, receive, and accept gifts
and other payments, including property and service, from any
governmental or other public or private entity or person, and
may make arrangements as to the use of these receipts,
including the undertaking of special studies and other
projects related to the delivery of health care in rural areas.
(5) In designing and implementing the project the secretary shall coordinate and avoid duplication with similar federal programs and with the Washington rural health system
project as authorized under chapter 70.175 RCW to consolidate administrative duties and reduce costs. [1993 c 492 §
273; 1991 c 332 § 9.]
University of Washington primary care physician shortage plan
development—1993 c 492: "(1) The University of Washington shall prepare a primary care shortage plan that accomplishes the following:
(a) Identifies specific activities that the school of medicine shall pursue
to increase the number of Washington residents serving as primary care physicians in rural and medically underserved areas of the state, including establishing a goal that assures that no less than fifty percent of medical school
graduates who are Washington state residents at the time of matriculation
will enter into primary care residencies, to the extent possible, in Washington
state by the year 2000;
(b) Assures that the school of medicine shall establish among its highest training priorities the distribution of its primary care physician graduates
from the school and associated postgraduate residency programs into rural
and medically underserved areas;
(c) Establishes the goal of assuring that the annual number of graduates
from the family practice residency network entering rural or medically
underserved practice shall be increased by forty percent over a baseline
period from 1988 through 1990 by 1995;
(d) Establishes a further goal to make operational at least two additional family practice residency programs within Washington state in geographic areas identified by the plan as underserved in family practice by
1997. The geographic areas identified by the plan as being underserved by
family practice physicians shall be consistent with any such similar designations as may be made in the health personnel research plan as authorized
under chapter 28B.125 RCW;
(e) Establishes, with the cooperation of existing community and
migrant health clinics in rural or medically underserved areas of the state,
three family practice residency training tracks. Furthermore, the primary
care shortage plan shall provide that one of these training tracks shall be a
joint American osteopathic association and American medical association
approved training site coordinated with an accredited college of osteopathic
(2004 Ed.)
70.185.050
medicine with extensive experience in training primary care physicians for
the western United States. Such a proposed joint accredited training track
will have at least fifty percent of its residency positions in osteopathic medicine; and
(f) Implements the plan, with the exception of the expansion of the
family practice residency network, within current biennial appropriations for
the University of Washington school of medicine.
(2) The plan shall be submitted to the appropriate committees of the
legislature no later than December 1, 1993." [1993 c 492 § 279.]
Finding—1993 c 492: See note following RCW 28B.115.080.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.185.040
70.185.040 Rules. The department shall adopt rules
consistent with this chapter to carry out the purpose of this
chapter. All rules shall be adopted in accordance with chapter
34.05 RCW. All rules and procedures adopted by the department shall minimize paperwork and compliance requirements for participants and should not be complex in nature so
as to serve as a barrier or disincentive for prospective participants applying for the project. [1991 c 332 § 10.]
70.185.050
70.185.050 Secretary's powers and duties. The secretary shall have the following powers and duties:
(1) To design the project application and selection process, including a program to advertise the project to rural
communities and encourage prospective applicants to apply.
Subject to funding, project sites shall be selected that are eligible to receive funding. Funding shall be used to hire consultants and perform other activities necessary to meet participant requirements under this chapter. The secretary shall
require at least fifty percent matching funds or in-kind contributions from participants. In considering selection of participants eligible for seed grant funding, the secretary should
consider project sites where (a) existing access to health care
is severely inadequate, (b) recruitment and retention problems have been chronic, (c) the community is in need of primary care practitioners, or (d) the community has unmet
health care needs for specific target populations;
(2) To design acceptable health care professional recruitment and retention strategic plans, and to serve as a general
resource to participants in the planning, administration, and
evaluation of project sites;
(3) To assess and approve strategic plans developed by
participants, including an assessment of the technical and
financial feasibility of implementing the plan and whether
adequate local support for the plan is demonstrated;
(4) To identify existing private and public resources that
may serve as eligible consultants, identify technical assistance resources for communities in the project, create a register of public and private technical resource services available,
and provide the register to participants. The secretary shall
screen consultants to determine their qualifications prior to
including them on the register;
(5) To work with other state agencies, institutions of
higher education, and other public and private organizations
to coordinate technical assistance services for participants;
(6) To administer available funds for community use
while participating in the project and establish procedures to
[Title 70 RCW—page 433]
70.185.060
Title 70 RCW: Public Health and Safety
assure accountability in the use of seed grant funds by participants;
(7) To define data and other minimum requirements for
adequate evaluation of projects and to develop and implement an overall monitoring and evaluation mechanism for the
projects;
(8) To act as facilitator for multiple applicants and
entrants to the project;
(9) To report to the appropriate legislative committees
and others from time to time on the progress of the projects
including the identification of statutory and regulatory barriers to successful completion of rural health care delivery
goals and an ongoing evaluation of the project. [1991 c 332
§ 11.]
70.185.060
70.185.060 Duties and responsibilities of participating communities. The duties and responsibilities of participating communities shall include:
(1) To involve major health care providers, businesses,
public officials, and other community leaders in project
design, administration, and oversight;
(2) To identify an individual or organization to serve as
the local administrator of the project. The secretary may
require the local administrator to maintain acceptable
accountability of seed grant funding;
(3) To coordinate and avoid duplication of public health
and other health care services;
(4) To assess and analyze community health care professional needs;
(5) To write a health care professional recruitment and
retention strategic plan;
(6) To screen and contract with consultants for technical
assistance if the project site was selected to receive funding
and assistance is needed;
(7) To monitor and evaluate the project in an ongoing
manner;
(8) To provide data and comply with other requirements
of the administrator that are intended to evaluate the effectiveness of the projects;
(9) To assure that specific populations with unmet health
care needs have access to services. [1991 c 332 § 12.]
70.185.070
70.185.070 Cooperation of state agencies. (1) The
secretary may call upon other agencies of the state to provide
available information to assist the secretary in meeting the
responsibilities under this chapter. This information shall be
supplied as promptly as circumstances permit.
(2) The secretary may call upon other state agencies
including institutions of higher education as authorized under
Titles 28A and 28B RCW to identify and coordinate the
delivery of technical assistance services to participants in
meeting the responsibilities of this chapter. The state agencies, vocational-technical institutions, and institutions of
higher education shall cooperate and provide technical assistance to the secretary to the extent that current funding for
these entities permits. [1991 c 332 § 13.]
70.185.080
70.185.080 Participants authorized to contract—
Penalty—Secretary and state exempt from liability. (1)
Participants are authorized to use funding granted to them by
[Title 70 RCW—page 434]
the secretary for the purpose of contracting for technical
assistance services. Participants shall use only consultants
identified by the secretary for consulting services unless the
participant can show that an alternative consultant is qualified to provide technical assistance and is approved by the
secretary. Adequate records shall be kept by the participant
showing project site expenditures from grant moneys. Inappropriate use of grant funding is a gross misdemeanor and
shall incur the penalties under chapter 9A.20 RCW.
(2) In providing a list of qualified consultants the secretary and the state shall not be held responsible for assuring
qualifications of consultants and shall be held harmless for
the actions of consultants. Furthermore, the secretary and the
state shall not be held liable for the failure of participants to
meet contractual obligations established in connection with
project participation. [1991 c 332 § 14.]
70.185.090
70.185.090 Community contracted student educational positions. (1) The department may develop a mechanism for underserved rural or urban communities to contract
with education and training programs for student positions
above the full time equivalent lids. The goal of this program
is to provide additional capacity, educating students who will
practice in underserved communities.
(2) Eligible education and training programs are those
programs approved by the department that lead to eligibility
for a credential as a credentialed health care professional. Eligible professions are those licensed under chapters 18.36A,
18.57, 18.57A, 18.71, and 18.71A RCW and advanced registered nurse practitioners and certified nurse midwives
licensed under *chapter 18.88 RCW, and may include other
providers identified as needed in the health personnel
resource plan.
(3) Students participating in the community contracted
educational positions shall meet all applicable educational
program requirements and provide assurances, acceptable to
the community, that they will practice in the sponsoring community following completion of education and necessary
licensure.
(4) Participants in the program incur an obligation to
repay any contracted funds with interest set by state law,
unless they serve at least three years in the sponsoring community.
(5) The department may provide funds to communities
for use in contracting. [1993 c 492 § 274.]
*Reviser's note: Chapter 18.88 RCW was repealed by 1994 sp.s. c 9 §
433, effective July 1, 1994.
Finding—1993 c 492: See note following RCW 28B.115.080.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.185.100
70.185.100 Contracts with area health education centers. The secretary may establish and contract with area
health education centers in the eastern and western parts of
the state. Consistent with the recruitment and retention objectives of this chapter, the centers shall provide or facilitate the
provision of health professional educational and continuing
education programs that strengthen the delivery of primary
health care services in rural and medically underserved urban
(2004 Ed.)
Family Policy Council
areas of the state. The center shall assist in the development
and operation of health personnel recruitment and retention
programs that are consistent with activities authorized under
this chapter. The centers shall further provide technical
expertise in the development of well managed health care
delivery systems in rural Washington consistent with the
goals and objectives of chapter 492, Laws of 1993. [1993 c
492 § 275.]
Finding—1993 c 492: See note following RCW 28B.115.080.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.185.900
70.185.900 Application to scope of practice—Captions not law—1991 c 332. See notes following RCW
18.130.010.
Chapter 70.190
Chapter 70.190 RCW
FAMILY POLICY COUNCIL
Sections
70.190.005
70.190.010
70.190.020
70.190.030
70.190.040
70.190.050
70.190.060
70.190.065
70.190.070
70.190.075
70.190.080
70.190.085
70.190.090
70.190.100
70.190.110
70.190.120
70.190.130
70.190.150
70.190.160
70.190.170
70.190.180
70.190.190
70.190.910
70.190.920
70.190.005
Purpose.
Definitions.
Consolidate efforts of existing entities.
Proposals to facilitate services at the community level.
Finding—Grants to improve readiness to learn.
Community networks—Outcome evaluation.
Community networks—Legislative intent—Membership—
Open meetings.
Member's authorization of expenditures—Limitation.
Community networks—Duties.
Lead fiscal agent.
Community networks—Programs and plans.
Community networks—Sexual abstinence and activity campaign.
Community networks—Planning grants and contracts—Distribution of funds—Reports.
Duties of council.
Program review.
Interagency agreement.
Comprehensive plan—Approval process—Network expenditures—Penalty for noncompliance with chapter.
Federal restrictions on funds transfers, waivers.
Community networks—Implementation in federal and state
plans.
Transfer of funds and programs to state agency.
Community network—Grants for use of school facilities.
Network members immune from civil liability—Network
assets not subject to attachment or execution.
Severability—1992 c 198.
Effective date—1992 c 198.
70.190.005 Purpose. The legislature finds that a primary goal of public involvement in the lives of children has
been to strengthen the family unit.
However, the legislature recognizes that traditional twoparent families with one parent routinely at home are now in
the minority. In addition, extended family and natural community supports have eroded drastically. The legislature recognizes that public policy assumptions must be altered to
account for this new social reality. Public effort must be redirected to expand, support, strengthen, and help reconstruct
family and community networks to assist in meeting the
needs of children.
The legislature finds that a broad variety of services for
children and families has been independently designed over
the years and that the coordination and cost-effectiveness of
(2004 Ed.)
70.190.010
these services will be enhanced through the adoption of an
approach that allows communities to prioritize and coordinate services to meet their local needs. The legislature further
finds that the most successful programs for reaching and
working with at-risk families and children treat individuals'
problems in the context of the family, offer a broad spectrum
of services, are flexible in the use of program resources, and
use staff who are trained in crossing traditional program categories in order to broker services necessary to fully meet a
family's needs.
The legislature further finds that eligibility criteria,
expenditure restrictions, and reporting requirements of state
and federal categorical programs often create barriers toward
the effective use of resources for addressing the multiple
problems of at-risk families and children.
The purposes of this chapter are (1) to modify public policy and programs to empower communities to support and
respond to the needs of individual families and children and
(2) to improve the responsiveness of services for children and
families at risk by facilitating greater coordination and flexibility in the use of funds by state and local service agencies.
[1994 sp.s. c 7 § 301; 1992 c 198 § 1.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.010
70.190.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Administrative costs" means the costs associated
with procurement; payroll processing; personnel functions;
management; maintenance and operation of space and property; data processing and computer services; accounting;
budgeting; auditing; indirect costs; and organizational planning, consultation, coordination, and training.
(2) "Assessment" has the same meaning as provided in
RCW 43.70.010.
(3) "At-risk" children are children who engage in or are
victims of at-risk behaviors.
(4) "At-risk behaviors" means violent delinquent acts,
teen substance abuse, teen pregnancy and male parentage,
teen suicide attempts, dropping out of school, child abuse or
neglect, and domestic violence.
(5) "Community public health and safety networks" or
"networks" means the organizations authorized under RCW
70.190.060.
(6) "Comprehensive plan" means a two-year plan that
examines available resources and unmet needs for a county or
multicounty area, barriers that limit the effective use of
resources, and a plan to address these issues that is broadly
supported by local residents.
(7) "Participating state agencies" means the office of the
superintendent of public instruction, the department of social
and health services, the department of health, the employment security department, the department of community,
trade, and economic development, and such other departments as may be specifically designated by the governor.
(8) "Family policy council" or "council" means the
superintendent of public instruction, the secretary of social
and health services, the secretary of health, the commissioner
of the employment security department, and the director of
the department of community, trade, and economic develop[Title 70 RCW—page 435]
70.190.020
Title 70 RCW: Public Health and Safety
ment or their designees, one legislator from each caucus of
the senate and house of representatives, and one representative of the governor.
(9) "Fiduciary interest" means (a) the right to compensation from a health, educational, social service, or justice system organization that receives public funds, or (b) budgetary
or policy-making authority for an organization listed in (a) of
this subsection. A person who acts solely in an advisory
capacity and receives no compensation from a health, educational, social service, or justice system organization, and who
has no budgetary or policy-making authority is deemed to
have no fiduciary interest in the organization.
(10) "Outcome" or "outcome based" means defined and
measurable outcomes used to evaluate progress in reducing
the rate of at-risk children and youth through reducing risk
factors and increasing protective factors.
(11) "Matching funds" means an amount no less than
twenty-five percent of the amount budgeted for a network.
The network's matching funds may be in-kind goods and services. Funding sources allowable for match include appropriate federal or local levy funds, private charitable funding, and
other charitable giving. Basic education funds shall not be
used as a match. State general funds shall not be used as a
match for violence reduction and drug enforcement account
funds created under RCW 69.50.520.
(12) "Policy development" has the same meaning as provided in RCW 43.70.010.
(13) "Protective factors" means those factors determined
by the department of health to be empirically associated with
behaviors that contribute to socially acceptable and healthy
nonviolent behaviors. Protective factors include promulgation, identification, and acceptance of community norms
regarding appropriate behaviors in the area of delinquency,
early sexual activity, alcohol and substance abuse, educational opportunities, employment opportunities, and absence
of crime.
(14) "Risk factors" means those factors determined by
the department of health to be empirically associated with atrisk behaviors that contribute to violence. [1996 c 132 § 2;
1995 c 399 § 200; 1992 c 198 § 3.]
Intent—Construction—1996 c 132: "It is the intent of this act only to
make minimal clarifying, technical, and administrative revisions to the laws
concerning community public health and safety networks and to the related
agencies responsible for implementation of the networks. This act is not
intended to change the scope of the duties or responsibilities, nor to undermine the underlying policies, set forth in chapter 7, Laws of 1994 sp. sess."
[1996 c 132 § 1.]
Severability—1996 c 132: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1996 c 132 § 10.]
70.190.020
70.190.020 Consolidate efforts of existing entities. To
the extent that any power or duty of the council may duplicate
efforts of existing councils, commissions, advisory committees, or other entities, the governor is authorized to take necessary actions to eliminate such duplication. This shall
include authority to consolidate similar councils or activities
in a manner consistent with the goals of this chapter. [1994
sp.s. c 7 § 315; 1992 c 198 § 4.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
[Title 70 RCW—page 436]
70.190.030
70.190.030 Proposals to facilitate services at the community level. The council shall annually solicit from community networks proposals to facilitate greater flexibility,
coordination, and responsiveness of services at the community level. The council shall consider such proposals only if:
(1) A comprehensive plan has been prepared by the community networks;
(2) The community network has identified and agreed to
contribute matching funds as specified in RCW 70.190.010;
(3) An interagency agreement has been prepared by the
council and the participating local service and support agencies that governs the use of funds, specifies the relationship
of the project to the principles listed in RCW 74.14A.025,
and identifies specific outcomes and indicators; and
(4) The community network has designed into its comprehensive plan standards for accountability. Accountability
standards include, but are not limited to, the public hearing
process eliciting public comment about the appropriateness
of the proposed comprehensive plan. The community network must submit reports to the council outlining the public
response regarding the appropriateness and effectiveness of
the comprehensive plan. [1994 sp.s. c 7 § 316; 1992 c 198 §
5.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.040
70.190.040 Finding—Grants to improve readiness to
learn. (1) The legislature finds that helping children to arrive
at school ready to learn is an important part of improving student learning.
(2) To the extent funds are appropriated, the family policy council shall award grants to community-based consortiums that submit comprehensive plans that include strategies
to improve readiness to learn. [1993 c 336 § 901.]
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
70.190.050
70.190.050 Community networks—Outcome evaluation. (1) The Washington state institute for public policy
shall conduct or contract for monitoring and tracking of the
implementation of chapter 7, Laws of 1994 sp. sess. to determine whether these efforts result in a measurable reduction of
violence. The institute shall also conduct or contract for an
evaluation of the effectiveness of the community public
health and safety networks in reducing the rate of at-risk
youth through reducing risk factors and increasing protective
factors. The evaluation plan shall result in statistically valid
evaluation at both statewide and community levels.
(2) Starting five years after the initial grant to a community network, if the community network fails to meet the outcome standards and goals in any two consecutive years, the
institute shall make recommendations to the legislature concerning whether the funds received by that community network should revert back to the originating agency. In making
this determination, the institute shall consider the adequacy
of the level of intervention relative to the risk factors in the
community and any external events having a significant
impact on risk factors or outcomes.
(3) The outcomes required under this chapter and social
development standards and measures established by the
(2004 Ed.)
Family Policy Council
department of health under RCW 43.70.555 shall be used in
conducting the outcome evaluation of the community networks. [1998 c 245 § 122; 1994 sp.s. c 7 § 207.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.060
70.190.060 Community networks—Legislative
intent—Membership—Open meetings. (1) The legislature
authorizes community public health and safety networks to
reconnect parents and other citizens with children, youth,
families, and community institutions which support health
and safety. The networks have only those powers and duties
expressly authorized under this chapter. The networks should
empower parents and other citizens by being a means of
expressing their attitudes, spirit, and perspectives regarding
safe and healthy family and community life. The legislature
intends that parent and other citizen perspectives exercise a
controlling influence over policy and program operations of
professional organizations concerned with children and family issues within networks in a manner consistent with the
Constitution and state law. It is not the intent of the legislature that health, social service, or educational professionals
dominate community public health and safety network processes or programs, but rather that these professionals use
their skills to lend support to parents and other citizens in
expressing their values as parents and other citizens identify
community needs and establish community priorities. To this
end, the legislature intends full participation of parents and
other citizens in community public health and safety networks. The intent is that local community values are reflected
in the operations of the network.
(2) A group of persons described in subsection (3) of this
section may apply to be a community public health and safety
network.
(3) Each community public health and safety network
shall be composed of twenty-three people, thirteen of whom
shall be citizens who live within the network boundary with
no fiduciary interest. In selecting these members, first priority shall be given to members of community mobilization
advisory boards, city or county children's services commissions, human services advisory boards, or other such organizations. The thirteen persons shall be selected as follows:
Three by chambers of commerce, three by school board
members, three by county legislative authorities, three by city
legislative authorities, and one high school student, selected
by student organizations. The remaining ten members shall
live or work within the network boundary and shall include
local representation selected by the following groups and
entities: Cities; counties; federally recognized Indian tribes;
parks and recreation programs; law enforcement agencies;
state children's service workers; employment assistance
workers; private social service providers, broad-based nonsecular organizations, or health service providers; and public
education.
(4) Each of the twenty-three people who are members of
each community public health and safety network must sign
an annual declaration under penalty of perjury or a notarized
statement that clearly, in plain and understandable language,
states whether or not he or she has a fiduciary interest. If a
member has a fiduciary interest, the nature of that interest
(2004 Ed.)
70.190.070
must be made clear, in plain understandable language, on the
signed statement.
(5) Members of the network shall serve terms of three
years.
The terms of the initial members of each network shall
be as follows: (a) One-third shall serve for one year; (b) onethird shall serve for two years; and (c) one-third shall serve
for three years. Initial members may agree which shall serve
fewer than three years or the decision may be made by lot.
Any vacancy occurring during the term may be filled by the
chair for the balance of the unexpired term.
(6) Not less than sixty days before the expiration of a network member's term, the chair shall submit the name of a
nominee to the network for its approval. The network shall
comply with subsection (3) of this section.
(7) Networks are subject to the open public meetings act
under chapter 42.30 RCW and the public records provisions
of RCW 42.17.270 through 42.17.310. [1998 c 314 § 12;
1996 c 132 § 3; 1994 sp.s. c 7 § 303.]
Application—1996 c 132 § 3: "The amendments to RCW 70.190.060
in 1996 c 132 § 3 shall apply prospectively only and are not intended to
affect the composition of any community public health and safety network's
membership that has been approved by the family policy council prior to
June 6, 1996." [1996 c 132 § 11.]
Intent—Construction—Severability—1996 c 132: See notes following RCW 70.190.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.065 Member's authorization of expenditures—Limitation. No network member may vote to authorize, or attempt to influence the authorization of, any expenditure in which the member's immediate family has a fiduciary interest. For the purpose of this section "immediate
family" means a spouse, parent, grandparent, adult child,
brother, or sister. [1996 c 132 § 5.]
70.190.065
Intent—Construction—Severability—1996 c 132: See notes following RCW 70.190.010.
70.190.070 Community networks—Duties. The community public health and safety networks shall:
(1) Review state and local public health data and analysis
relating to risk factors, protective factors, and at-risk children
and youth;
(2) Prioritize the risk factors and protective factors to
reduce the likelihood of their children and youth being at risk.
The priorities shall be based upon public health data and
assessment and policy development standards provided by
the department of health under RCW 43.70.555;
(3) Develop long-term comprehensive plans to reduce
the rate of at-risk children and youth; set definitive, measurable goals, based upon the department of health standards;
and project their desired outcomes;
(4) Distribute funds to local programs that reflect the
locally established priorities and as provided in *RCW
70.190.140;
(5) Comply with outcome-based standards;
(6) Cooperate with the department of health and local
boards of health to provide data and determine outcomes; and
(7) Coordinate its efforts with anti-drug use efforts and
organizations and maintain a high priority for combatting
drug use by at-risk youth. [1994 sp.s. c 7 § 304.]
70.190.070
[Title 70 RCW—page 437]
70.190.075
Title 70 RCW: Public Health and Safety
*Reviser's note: RCW 70.190.140 expired June 30, 1995.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.075
70.190.075 Lead fiscal agent. (1) Each network shall
contract with a public entity as its lead fiscal agent. The contract shall grant the agent authority to perform fiscal,
accounting, contract administration, legal, and other administrative duties, including the provision of liability insurance.
Any contract under this subsection shall be submitted to the
council by the network for approval prior to its execution.
The council shall review the contract to determine whether
the administrative costs will be held to no more than ten percent.
(2) The lead agent shall maintain a system of accounting
for network funds consistent with the budgeting, accounting,
and reporting systems and standards adopted or approved by
the state auditor.
(3) The lead agent may contract with another public or
private entity to perform duties other than fiscal or accounting duties. [1996 c 132 § 4.]
Intent—Construction—Severability—1996 c 132: See notes following RCW 70.190.010.
70.190.080
70.190.080 Community networks—Programs and
plans. (1) The community network's plan may include a program to provide postsecondary scholarships to at-risk students who: (a) Are community role models under criteria
established by the community network; (b) successfully complete high school; and (c) maintain at least a 2.5 grade point
average throughout high school. Funding for the scholarships
may include public and private sources.
(2) The community network's plan may also include
funding of community-based home visitor programs which
are designed to reduce the incidence of child abuse and
neglect within the network. Parents shall sign a voluntary
authorization for services, which may be withdrawn at any
time. The program may provide parents with education and
support either in parents' homes or in other locations comfortable for parents, beginning with the birth of their first baby.
The program may make the following services available to
the families:
(a) Visits for all expectant or new parents, either at the
parent's home or another location with which the parent is
comfortable;
(b) Screening before or soon after the birth of a child to
assess the family's strengths and goals and define areas of
concern in consultation with the family;
(c) Parenting education and skills development;
(d) Parenting and family support information and referral;
(e) Parent support groups; and
(f) Service coordination for individual families, and
assistance with accessing services, provided in a manner that
ensures that individual families have only one individual or
agency to which they look for service coordination. Where
appropriate for a family, service coordination may be conducted through interdisciplinary or interagency teams.
These programs are intended to be voluntary for the parents involved.
[Title 70 RCW—page 438]
(3) In developing long-term comprehensive plans to
reduce the rate of at-risk children and youth, the community
networks shall consider increasing employment and job training opportunities in recognition that they constitute an effective network strategy and strong protective factor. The networks shall consider and may include funding of:
(a) At-risk youth job placement and training programs.
The programs shall:
(i) Identify and recruit at-risk youth for local job opportunities;
(ii) Provide skills and needs assessments for each youth
recruited;
(iii) Provide career and occupational counseling to each
youth recruited;
(iv) Identify businesses willing to provide employment
and training opportunities for at-risk youth;
(v) Match each youth recruited with a business that
meets his or her skills and training needs;
(vi) Provide employment and training opportunities that
prepare the individual for demand occupations; and
(vii) Include, to the extent possible, collaboration of
business, labor, education and training, community organizations, and local government;
(b) Employment assistance, including job development,
school-to-work placement, employment readiness training,
basic skills, apprenticeships, job mentoring, and private sector and community service employment;
(c) Education assistance, including tutoring, mentoring,
interactions with role models, entrepreneurial education and
projects, violence prevention training, safe school strategies,
and employment reentry assistance services.
(4) The community network may include funding of:
(a) Peer-to-peer, group, and individual counseling,
including crisis intervention, for at-risk youth and their parents;
(b) Youth coalitions that provide opportunities to
develop leadership skills and gain appropriate respect, recognition, and rewards for their positive contribution to their
community;
(c) Technical assistance to applicants to increase their
organizational capacity and to improve the likelihood of a
successful application; and
(d) Technical assistance and training resources to successful applicants. [1996 c 132 § 6; 1994 sp.s. c 7 § 305.]
Intent—Construction—Severability—1996 c 132: See notes following RCW 70.190.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.085
70.190.085 Community networks—Sexual abstinence and activity campaign. The community network's
plan may include funding for a student designed media and
community campaign promoting sexual abstinence and
addressing the importance of delaying sexual activity and
pregnancy or male parenting until individuals are ready to
nurture and support their children. Under the campaign,
which shall be substantially designed and produced by students, the same messages shall be distributed in schools,
through the media, and in the community where the campaign is targeted. The campaign shall require local private
sector matching funds equal to state funds. Local private sec(2004 Ed.)
Family Policy Council
tor funds may include in-kind contributions of technical or
other assistance from consultants or firms involved in public
relations, advertising, broadcasting, and graphics or video
production or other related fields. The campaign shall be
evaluated using the outcomes required of community networks under this chapter, in particular reductions in the number or rate of teen pregnancies and teen male parentage over
a three to five year period. [1994 c 299 § 5.]
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
70.190.100
Effective dates—1996 c 132 §§ 7, 8: "(1) Section 7 of this act shall take
effect July 1, 1996.
(2) Section 8 of this act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately [March 22,
1996]." [1996 c 132 § 12.]
Intent—Construction—Severability—1996 c 132: See notes following RCW 70.190.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.100
70.190.090
70.190.090 Community networks—Planning grants
and contracts—Distribution of funds—Reports. (1) A
network shall, upon application to the council, be eligible to
receive planning grants and technical assistance from the
council. However, during the 1999-01 fiscal biennium, a network that has not finalized its membership shall be eligible to
receive such grants and assistance. Planning grants may be
funded through available federal funds for family preservation services. After receiving the planning grant the network
has up to one year to submit the long-term comprehensive
plan.
(2) The council shall enter into biennial contracts with
networks as part of the grant process. The contracts shall be
consistent with available resources, and shall be distributed in
accordance with the distribution formula developed pursuant
to RCW 43.41.195, subject to the applicable matching fund
requirement.
(3) No later than February 1 of each odd-numbered year
following the initial contract between the council and a network, the council shall request from the network its plan for
the upcoming biennial contract period.
(4) The council shall notify the networks of their allocation of available resources at least sixty days prior to the start
of a new biennial contract period.
(5) The networks shall, by contract, distribute funds (a)
appropriated for plan implementation by the legislature, and
(b) obtained from nonstate or federal sources. In distributing
funds, the networks shall ensure that administrative costs are
held to a maximum of ten percent. However, during the 199901 fiscal biennium, administrative costs shall be held to a
maximum of ten percent or twenty thousand dollars, whichever is greater, exclusive of costs associated with procurement, payroll processing, personnel functions, management,
maintenance and operation of space and property, data processing and computer services, indirect costs, and organizational planning, consultation, coordination, and training.
(6) A network shall not provide services or operate programs.
(7) A network shall file a report with the council by May
1 of each year that includes but is not limited to the following
information: Detailed expenditures, programs under way,
progress on contracted services and programs, and successes
and problems in achieving the outcomes required by RCW
70.190.130(1)(h) related to reducing the rate of state-funded
out-of-home placements and the other three at-risk behaviors
covered by the comprehensive plan and approved by the
council. [1999 c 309 § 918; 1996 c 132 § 7; 1994 sp.s. c 7 §
306.]
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
(2004 Ed.)
70.190.100 Duties of council. The family policy council shall:
(1) Establish network boundaries no later than July 1,
1994. There is a presumption that no county may be divided
between two or more community networks and no network
shall have fewer than forty thousand population. When
approving multicounty networks, considering dividing a
county between networks, or creating a network with a population of less than forty thousand, the council must consider:
(a) Common economic, geographic, and social interests; (b)
historical and existing shared governance; and (c) the size
and location of population centers. Individuals and groups
within any area shall be given ample opportunity to propose
network boundaries in a manner designed to assure full consideration of their expressed wishes;
(2) Develop a technical assistance and training program
to assist communities in creating and developing community
networks and comprehensive plans;
(3) Approve the structure, purpose, goals, plan, and performance measurements of each community network;
(4) Identify all prevention and early intervention programs and funds, including all programs funded under RCW
69.50.520, in addition to the programs set forth in RCW
70.190.110, which could be transferred, in all or part, to the
community networks, and report their findings and recommendations to the governor and the legislature regarding any
appropriate program transfers by January 1 of each year;
(5) Reward community networks that show exceptional
success as provided in RCW 43.41.195;
(6) Seek every opportunity to maximize federal and
other funding that is consistent with the plans approved by
the council for the purpose and goals of this chapter;
(7) Review the state-funded out-of-home placement rate
before the end of each contract to determine whether the
region has sufficiently reduced the rate. If the council determines that there has not been a sufficient reduction in the rate,
it may reduce the immediately succeeding grant to the network;
(8)(a) The council shall monitor the implementation of
programs contracted by participating state agencies by
reviewing periodic reports on the extent to which services
were delivered to intended populations, the quality of services, and the extent to which service outcomes were
achieved at the conclusion of service interventions. This
monitoring shall include provision for periodic feedback to
community networks;
(b) The legislature intends that this monitoring be used
by the Washington state institute for public policy, together
with public health data on at-risk behaviors and risk and protective factors, to produce an external evaluation of the effectiveness of the networks and their programs. For this reason,
[Title 70 RCW—page 439]
70.190.110
Title 70 RCW: Public Health and Safety
and to conserve public funds, the council shall not conduct or
contract for the conduct of control group studies, quasiexperimental design studies, or other analysis efforts to
attempt to determine the impact of network programs on atrisk behaviors or risk and protective factors; and
(9) Review the implementation of chapter 7, Laws of
1994 sp. sess. The report shall use measurable performance
standards to evaluate the implementation. [1998 c 245 § 123;
1994 sp.s. c 7 § 307.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.110 Program review. (1) The council, and each
network, shall biennially review all state and federal funded
programs serving individuals, families, or communities to
determine whether a network may be better able to integrate
and coordinate these services within the community.
(2) The council, and each network, shall specifically
review the feasibility and desirability of decategorizing and
granting, all or part of, the following program funds to the
networks:
(a) Consolidated juvenile services;
(b) Family preservation and support services;
(c) Readiness to learn;
(d) Community mobilization;
(e) Violence prevention;
(f) Community-police partnership;
(g) Child care;
(h) Early intervention and educational services, including but not limited to, birth to three, birth to six, early childhood education and assistance, and headstart;
(i) Crisis residential care;
(j) Victims' assistance;
(k) Foster care;
(l) Adoption support;
(m) Continuum of care; and
(n) Drug and alcohol abuse prevention and early intervention in schools.
(3) In determining the desirability of decategorizing
these programs the report shall analyze whether:
(a) The program is an integral part of the comprehensive
plan without decategorization;
(b) The program is already adequately integrated and
coordinated with other programs that are, or will be, funded
by the network;
(c) The network could develop the capacity to provide
the program's services;
(d) The program goals might receive greater community
support and reinforcement through the network;
(e) The program presently ensures that adequate followup efforts are utilized, and whether the network could
improve on those efforts through decategorization of the
funds;
(f) The decategorization would benefit the community;
and
(g) The decategorization would assist the network in
achieving its goals.
(4) If the council or a network determines that a program
should not be decategorized, the council or network shall
make recommendations regarding programmatic changes
that are necessary to improve the coordination and integra70.190.110
[Title 70 RCW—page 440]
tion of services and programs, regardless of the funding
source for those programs. [1998 c 245 § 124; 1994 sp.s. c 7
§ 308.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Office of financial management, recommended legislation: RCW 43.41.190.
70.190.120 Interagency agreement. (1) The participating state agencies shall execute an interagency agreement
to ensure the coordination of their local program efforts
regarding children. This agreement shall recognize and give
specific planning, coordination, and program administration
responsibilities to community networks, after the approval
under RCW 70.190.130 of their comprehensive plans. The
community networks shall encourage the development of
integrated, regionally based children, youth, and family
activities and services with adequate local flexibility to
accomplish the purposes stated in section 101, chapter 7,
Laws of 1994 sp. sess. and RCW 74.14A.020.
(2) The community networks shall exercise the planning,
coordinating, and program administration functions specified
by the state interagency agreement in addition to other activities required by law, and shall participate in the planning
process required by chapter 71.36 RCW.
(3) Any state or federal funds identified for contracts
with community networks shall be transferred with no reductions. [1994 sp.s. c 7 § 309.]
70.190.120
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.130 Comprehensive plan—Approval process—Network expenditures—Penalty for noncompliance with chapter. (1) The council shall only disburse funds
to a network after a comprehensive plan has been prepared by
the network and approved by the council. In approving the
plan the council shall consider whether the network:
(a) Promoted input from the widest practical range of
agencies and affected parties, including public hearings;
(b) Reviewed the indicators of violence data compiled by
the local public health departments and incorporated a
response to those indicators in the plan;
(c) Obtained a declaration by the largest health department within the network boundary, indicating whether the
plan meets minimum standards for assessment and policy
development relating to social development according to
RCW 43.70.555;
(d) Included a specific mechanism of data collection and
transmission based on the rules established under RCW
43.70.555;
(e) Considered all relevant causes of violence in its community and did not isolate only one or a few of the elements
to the exclusion of others and demonstrated evidence of
building community capacity through effective neighborhood and community development;
(f) Considered youth employment and job training programs outlined in this chapter as a strategy to reduce the rate
of at-risk children and youth;
(g) Integrated local programs that met the network's priorities and were deemed successful by the network;
(h) Committed to make measurable reductions in the rate
of at-risk children and youth by reducing the rate of state70.190.130
(2004 Ed.)
Early Intervention Services—Birth to Six
funded out-of-home placements and make reductions in at
least three of the following rates of youth: Violent criminal
acts, substance abuse, pregnancy and male parentage, suicide
attempts, dropping out of school, child abuse or neglect, and
domestic violence; and
(i) Held a public hearing on its proposed comprehensive
plan and submitted to the council all of the written comments
received at the hearing and a copy of the minutes taken at the
hearing.
(2) The council may establish a maximum amount to be
expended by a network for purposes of planning and administrative duties, that shall not, in total, exceed ten percent of
funds available to a network. The council shall make recommendations to the legislature regarding the specific maximum amounts that can be spent by a network or group of networks on planning and administrative duties. The recommendation may provide differing percentages, considering the
size of the budgets of each network and giving consideration
to whether there should be a higher percentage for administrative and planning purposes in budgets for smaller networks
and a smaller percentage of the budgets for administration
and planning purposes in larger networks.
(3) The council may determine that a network is not in
compliance with this chapter if it fails to comply with statutory requirements. Upon a determination of noncompliance,
the council may suspend or revoke a network's status or contract and specify a process and deadline for the network's
compliance. [1998 c 314 § 13; 1996 c 132 § 8; 1994 sp.s. c 7
§ 310.]
Effective dates—1996 c 132 §§ 7, 8: See note following RCW
70.190.090.
Intent—Construction—Severability—1996 c 132: See notes following RCW 70.190.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Office of financial management, fund distribution formula: RCW 43.41.195.
70.190.150
70.190.150 Federal restrictions on funds transfers,
waivers. If there exist any federal restrictions against the
transfer of funds, for the programs enumerated in RCW
70.190.110, to the community networks, the council shall
assist the governor in immediately applying to the federal
government for waivers of the federal restrictions. The council shall also assist the governor in coordinating efforts to
make any changes in federal law necessary to meet the purpose and intent of chapter 7, Laws of 1994 sp. sess. [1994
sp.s. c 7 § 312.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Chapter 70.195
assume powers and duties authorized under this chapter by
June 30, 1998, or the Washington state institute for public
policy makes a recommendation under RCW 70.190.050, the
governor may transfer all funds and programs available to a
community network to a single state agency whose statutory
purpose, mission, goals, and operating philosophy most
closely supports the principles and purposes of section 101,
chapter 7, Laws of 1994 sp. sess. and RCW 74.14A.020, for
the purpose of integrating the programs and services. [1994
sp.s. c 7 § 320.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.180
70.190.180 Community network—Grants for use of
school facilities. A community public health and safety network, based on rules adopted by the department of health,
may include in its comprehensive community plans procedures for providing matching grants to school districts to support expanded use of school facilities for after-hours recreational opportunities and day care as authorized under chapter 28A.215 RCW and RCW 28A.620.010. [1994 sp.s. c 7 §
604.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.190
70.190.190 Network members immune from civil liability—Network assets not subject to attachment or execution. (1) The network members are immune from all civil
liability arising from their actions done in their decision-making capacity as a network member, except for their intentional tortious acts or acts of official misconduct.
(2) The assets of a network are not subject to attachment
or execution in satisfaction of a judgment for the tortious acts
or official misconduct of any network member or for the acts
of any agency or program to which it provides funds. [1996
c 132 § 9.]
Intent—Construction—Severability—1996 c 132: See notes following RCW 70.190.010.
70.190.910
70.190.910 Severability—1992 c 198. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1992 c 198 § 20.]
70.190.920
70.190.920 Effective date—1992 c 198. Sections 1
through 13 of this act shall take effect July 1, 1992. [1992 c
198 § 21.]
70.190.160
70.190.160 Community networks—Implementation
in federal and state plans. The implementation of community networks shall be included in all federal and state plans
affecting the state's children, youth, and families. The plans
shall be consistent with the intent and requirements of this
chapter. [1994 sp.s. c 7 § 314.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Chapter 70.195 RCW
EARLY INTERVENTION SERVICES—BIRTH TO
SIX
Chapter 70.195
Sections
70.195.005
70.195.010
70.195.020
70.190.170
70.190.170 Transfer of funds and programs to state
agency. If a community network is unable or unwilling to
(2004 Ed.)
70.195.030
70.195.900
Findings.
Birth-to-six interagency coordinating council—Early intervention services—Conditions and limitations.
Birth-to-six interagency coordinating council—Coordination
with counties and communities.
Early intervention services—Interagency agreements.
Severability—1992 c 198.
[Title 70 RCW—page 441]
70.195.005
Title 70 RCW: Public Health and Safety
70.195.005 Findings. The legislature finds that there is
an urgent and substantial need to:
(1) Enhance the development of infants and toddlers
with disabilities in the state of Washington in order to minimize developmental delay and maximize individual potential
and enhance the capability of families to meet the needs of
their infants and toddlers with disabilities and maintain family integrity;
(2) Coordinate and enhance the state's existing early
intervention services to ensure a statewide, communitybased, coordinated, interagency program of early intervention services for infants and toddlers with disabilities and
their families; and
(3) Facilitate the coordination of payment for early intervention services from federal, state, local, and private sources
including public and private insurance coverage. [1992 c 198
§ 14.]
70.195.005
70.195.010 Birth-to-six interagency coordinating
council—Early intervention services—Conditions and
limitations. For the purposes of implementing this chapter,
the governor shall appoint a state birth-to-six interagency
coordinating council and ensure that state agencies involved
in the provision of, or payment for, early intervention services to infants and toddlers with disabilities and their families shall coordinate and collaborate in the planning and
delivery of such services.
No state or local agency currently providing early intervention services to infants and toddlers with disabilities may
use funds appropriated for early intervention services for
infants and toddlers with disabilities to supplant funds from
other sources.
All state and local agencies shall ensure that the implementation of this chapter will not cause any interruption in
existing early intervention services for infants and toddlers
with disabilities.
Nothing in this chapter shall be construed to permit the
restriction or reduction of eligibility under Title V of the
Social Security Act, P.L. 90-248, relating to maternal and
child health or Title XIX of the Social Security Act, P.L. 8997, relating to medicaid for infants and toddlers with disabilities. [1998 c 245 § 125; 1992 c 198 § 15.]
mal interagency agreements with each other that define their
relationships and financial responsibilities to provide services within each county. In establishing priorities, school
districts, counties, and other service providers shall give due
regard to the needs of children birth to three years of age and
shall ensure that they continue to participate in providing services and collaborate with each other. The interagency
agreements shall include procedures for resolving disputes,
provisions for establishing maintenance requirements, and all
additional components necessary to ensure collaboration and
coordination. [1992 c 198 § 16.]
70.195.900
70.195.900 Severability—1992 c 198.
70.190.910.
Chapter 70.198
70.195.010
70.195.020 Birth-to-six interagency coordinating
council—Coordination with counties and communities.
The state birth-to-six interagency coordinating council shall
identify and work with county early childhood interagency
coordinating councils to coordinate and enhance existing
early intervention services and assist each community to
meet the needs of infants and toddlers with disabilities and
their families. [1992 c 198 § 17.]
See RCW
Chapter 70.198 RCW
EARLY INTERVENTION SERVICES—
HEARING LOSS
Sections
70.198.010
70.198.020
70.198.030
70.198.040
Findings.
Advisory council—Membership.
Development of early intervention service standards.
Hearing loss pamphlet.
70.198.010
70.198.010 Findings. (1) The legislature finds that children who are deaf or hard of hearing and their families have
unique needs specific to the hearing loss. These unique needs
reflect the challenges children with hearing loss and their
families encounter related to their lack of full access to auditory communication.
(2) The legislature further finds that early detection of
hearing loss in a child and early intervention and treatment
have been demonstrated to be highly effective in facilitating
a child's healthy development in a manner consistent with the
child's age and cognitive ability.
(3) These combined factors support the need for early
intervention services providers with specialized training and
expertise, spanning the spectrum of available approaches and
educational options, who can address the unique characteristics and needs of each child who is deaf or hard of hearing
and that child's family. [2004 c 47 § 1.]
70.195.020
70.195.030 Early intervention services—Interagency
agreements. State agencies providing or paying for early
intervention services shall enter into formal interagency
agreements with each other and where appropriate, with
school districts, counties, and other providers, to define their
relationships and financial and service responsibilities. Local
agencies or entities, including local school districts, counties,
and service providers receiving public money for providing
or paying for early intervention services shall enter into for70.195.030
[Title 70 RCW—page 442]
70.198.020
70.198.020 Advisory council—Membership. (1)
There is established an advisory council in the department of
social and health services for the purpose of advancing the
development of a comprehensive and effective statewide system to provide prompt and effective early interventions for
children in the state who are deaf or hard of hearing and their
families.
(2) Members of the advisory council shall have training,
experience, or interest in hearing loss in children. Membership shall include, but not be limited to, the following: Pediatricians; audiologists; teachers of the deaf and hard of hearing; parents of children who are deaf or hard of hearing; a
representative from the Washington state school for the deaf;
and representatives of the infant toddler early intervention
program in the department of social and health services, the
department of health, and the office of the superintendent of
public instruction. [2004 c 47 § 2.]
(2004 Ed.)
Donations for Children
70.198.030
70.198.030 Development of early intervention service
standards. (1) The advisory council shall develop statewide
standards for early intervention services and early intervention services providers specifically related to children who
are deaf or hard of hearing.
(2) The advisory council shall develop these standards
by January 1, 2005. [2004 c 47 § 3.]
70.210.040
distributing organization acts with gross negligence or intentional misconduct. [1994 c 25 § 2.]
70.200.030
70.200.030 Construction—Liability, penalty. Nothing in this chapter may be construed to create any liability of,
or penalty against a donor or distributing organization except
as provided in RCW 70.200.020. [1994 c 25 § 3.]
70.198.040
70.198.040 Hearing loss pamphlet. (1) The advisory
council shall create a pamphlet to be provided to the parents
of a child in the state who is diagnosed with hearing loss by
their child's pediatrician or audiologist, as appropriate, upon
diagnosis of hearing loss. The pamphlet shall contain, at
minimum, information on the following: The variety of
interventions and treatments available for children who are
deaf or hard of hearing; and resources for parent support,
counseling, financing, and education related to hearing loss
in children.
(2) The pamphlet shall be available for distribution by
July 1, 2005. [2004 c 47 § 4.]
Chapter 70.200
Chapter 70.200 RCW
DONATIONS FOR CHILDREN
Definitions.
Immunity from liability.
Construction—Liability, penalty.
Severability—1994 c 25.
70.200.010
70.200.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Distributing organization" means a charitable nonprofit organization under 26 U.S.C. Sec. 501(c) of the federal
internal revenue code, or a public health agency acting on
behalf of or in conjunction with a charitable nonprofit organization, which distributes children's items to needy persons
free of charge and includes any nonprofit organization that
distributes children's items free of charge to other nonprofit
organizations or the public. A public health agency shall not
otherwise be considered a distributing organization for purposes of this chapter when it is carrying out other functions
and responsibilities under Title 70 RCW.
(2) "Donor" means a person, corporation, association, or
other organization that donates children's items to a distributing organization or a person, corporation, association, or
other organization that repairs or updates such donated items
to current standards. Donor also includes any person, corporation, association, or other organization which donates any
space in which storage or distribution of children's items
takes place.
(3) "Children's items" include, but are not limited to,
clothes, diapers, food, baby formula, cribs, playpens, car seat
restraints, toys, high chairs, and books. [1997 c 40 § 1; 1994
c 25 § 1.]
70.200.020
70.200.020 Immunity from liability. Donors and distributing organizations are not liable for civil damages or
criminal penalties resulting from the nature, age, condition,
or packaging of the donated children's items unless a donor or
(2004 Ed.)
70.200.900 Severability—1994 c 25. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1994 c 25 § 4.]
Chapter 70.210 RCW
INVESTING IN INNOVATION GRANTS PROGRAM
Chapter 70.210
Sections
70.210.010
70.210.020
70.210.030
70.210.040
70.210.050
70.210.060
70.210.070
Sections
70.200.010
70.200.020
70.200.030
70.200.900
70.200.900
Intent.
Definitions.
Assessments.
Grant award criteria.
Peer review committee—Support of research commercialization opportunities—Grant awards, priority, eligibility.
Performance benchmarks, review, report.
Administration.
70.210.010
70.210.010 Intent. It is the intent of the legislature to
promote growth in the technology sectors of our state's economy and to particularly focus support on the creation and
commercialization of intellectual property in the technology,
energy, and telecommunications industries. [2003 c 403 § 1.]
70.210.020
70.210.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Center" means the Washington technology center
established under RCW 28B.20.283 through 28B.20.295.
(2) "Board" means the board of directors for the center.
[2003 c 403 § 2.]
70.210.030
70.210.030 Assessments. (1) The investing in innovation grants program is established.
(2) The center shall periodically make strategic assessments of the types of state investments in research and technology in this state that would likely create jobs and business
opportunities and produce the most beneficial long-term
improvements to the lives and health of the citizens of the
state. The assessments shall be available to the public and
shall be used to guide decisions on awarding grants under this
chapter. [2003 c 403 § 4.]
70.210.040
70.210.040 Grant award criteria. The board shall:
(1) Develop criteria for the awarding of grants to qualifying universities, institutions, businesses, or individuals;
(2) Make decisions regarding distribution of grant funds
and make grant awards; and
(3) In making grant awards, seek to provide a balance
between research grant awards and commercialization grant
awards. [2003 c 403 § 5.]
[Title 70 RCW—page 443]
70.210.050
Title 70 RCW: Public Health and Safety
70.210.050 Peer review committee—Support of
research commercialization opportunities—Grant
awards, priority, eligibility. (1) The board may accept grant
proposals and establish a competitive process for the awarding of grants.
(2) The board shall establish a peer review committee to
include board members, scientists, engineers, and individuals
with specific recognized expertise. The peer review committee shall provide to the board an independent peer review of
all proposals determined to be competitive for a grant award
that are submitted to the board.
(3) In the awarding of grants, priority shall be given to
proposals that leverage additional private and public funding
resources.
(4) Up to fifty percent of available funds from the
*investing in innovation account may be used to support
commercialization opportunities for research in Washington
state through an organization with commercialization expertise such as the Spokane intercollegiate research and technology institute.
(5) The center may not be a direct recipient of grant
awards under chapter 403, Laws of 2003. [2003 c 403 § 6.]
70.210.050
*Reviser's note: The section creating the investing in innovation
account, 2003 c 403 § 3, was vetoed by the governor.
70.210.060 Performance benchmarks, review,
report. The board shall establish performance benchmarks
against which the program will be evaluated. The grants program shall be reviewed periodically by the board. The board
shall report annually to the appropriate standing committees
of the legislature on grants awarded and as appropriate on
program reviews conducted by the board. [2003 c 403 § 7.]
70.210.060
70.210.070 Administration. (1) The center shall
administer the investing in innovation grants program.
(2) Not more than one percent of the available funds
from the *investing in innovation account may be used for
administrative costs of the program. [2003 c 403 § 8.]
70.210.070
*Reviser's note: The section creating the investing in innovation
account, 2003 c 403 § 3, was vetoed by the governor.
[Title 70 RCW—page 444]
(2004 Ed.)
Chapter 70.01
70.136
70.138
70.142
70.146
70.148
70.149
70.150
70.155
70.157
70.158
70.160
70.162
70.164
70.168
70.170
70.175
70.180
70.185
70.190
70.195
70.198
70.200
70.210
Title 70 RCW: Public Health and Safety
Hazardous materials incidents.
Incinerator ash residue.
Chemical contaminants and water quality.
Water pollution control facilities financing.
Underground petroleum storage tanks.
Heating oil pollution liability protection act.
Water quality joint development act.
Tobacco—Access to minors.
National uniform tobacco settlement—Nonparticipating tobacco product manufacturers.
Tobacco product manufacturers.
Washington clean indoor air act.
Indoor air quality in public buildings.
Low-income residential weatherization program.
Statewide trauma care system.
Health data and charity care.
Rural health system project.
Rural health care.
Rural and underserved areas—Health care
professional recruitment and retention.
Family policy council.
Early intervention services—Birth to six.
Early intervention services—Hearing loss.
Donations for children.
Investing in innovation grants program.
Asbestos, regulation of use: Chapter 49.26 RCW.
Autopsies, post mortems: Chapter 68.50 RCW.
Board of health and bureau of vital statistics authorized: State Constitution
Art. 20 § 1.
Child labor: Chapter 49.12 RCW.
Civil defense: Chapter 38.52 RCW.
Control of pet animals infected with diseases communicable to humans:
Chapter 16.70 RCW.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Dangerous caustic and corrosive substances: Chapter 69.36 RCW.
State patrol: Chapter 43.43 RCW.
Water pollution control: Chapter 90.48 RCW.
Chapter 70.01
Chapter 70.01 RCW
GENERAL PROVISIONS
Sections
70.01.010
70.01.020
Cooperation with federal government—Construction.
Donation of blood by person eighteen or over without parental
consent authorized.
70.01.010
70.01.010 Cooperation with federal government—
Construction. In furtherance of the policy of this state to
cooperate with the federal government in the public health
programs, the department of social and health services shall
adopt such rules and regulations as may become necessary to
entitle this state to participate in federal funds unless the same
be expressly prohibited by law. Any section or provision of
the public health laws of this state which may be susceptible
to more than one construction shall be interpreted in favor of
the construction most likely to satisfy federal laws entitling
this state to receive federal funds for the various programs of
public health. [1985 c 213 § 14; 1969 ex.s. c 25 § 1; 1967
ex.s. c 102 § 12.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
70.01.020
70.01.020 Donation of blood by person eighteen or
over without parental consent authorized. Any person of
the age of eighteen years or over shall be eligible to donate
blood in any voluntary and noncompensatory blood program
without the necessity of obtaining parental permission or
authorization. [1969 c 51 § 1.]
Chapter 70.02 RCW
MEDICAL RECORDS—HEALTH CARE
INFORMATION ACCESS AND DISCLOSURE
Chapter 70.02
Department of social and health services: Chapter 43.20A RCW.
Electricians and electrical installations: Chapter 19.28 RCW.
Fire protection board, state: Chapter 48.48 RCW.
Food processing act: Chapter 69.07 RCW.
Sections
Health care service contractors: Chapter 48.44 RCW.
70.02.005
70.02.010
70.02.020
70.02.030
70.02.040
70.02.045
70.02.050
70.02.060
70.02.070
70.02.080
70.02.090
70.02.100
70.02.110
Health measures in public schools: Chapter 28A.210 RCW, RCW
28A.210.300.
Immunization program, local health department participation: RCW
28A.210.060 through 28A.210.170.
Industrial safety and health: Chapter 49.17 RCW.
Inhaling toxic fumes: Chapter 9.47A RCW.
Milk and milk products for animal food: Chapter 15.37 RCW.
Natural gas, regulations: RCW 80.28.210.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Findings.
Definitions.
Disclosure by health care provider.
Patient authorization of disclosure.
Patient's revocation of authorization for disclosure.
Third-party payor release of information.
Disclosure without patient's authorization.
Discovery request or compulsory process.
Certification of record.
Patient's examination and copying—Requirements.
Patient's request—Denial of examination and copying.
Correction or amendment of record.
Correction or amendment or statement of disagreement—Procedure.
Notice of information practices—Display conspicuously.
Consent by others—Health care representatives.
Representative of deceased patient.
Security safeguards.
Retention of record.
Civil remedies.
Licensees under chapter 18.225 RCW—Subject to chapter.
Conflicting laws.
Application and construction—1991 c 335.
Short title.
Severability—1991 c 335.
Captions not law—1991 c 335.
State board of health: Chapter 43.20 RCW.
70.02.120
70.02.130
70.02.140
70.02.150
70.02.160
70.02.170
70.02.180
70.02.900
70.02.901
70.02.902
70.02.903
70.02.904
State coordinator of search and rescue operations: RCW 38.52.030.
Record retention by hospitals: RCW 70.41.190.
Regulation of passenger watercraft for hire: Chapter 88.04 RCW.
Rural public hospital districts: RCW 70.44.450.
Safety in coal mines: Title 78 RCW.
Safety with respect to electrical construction: Chapter 19.29 RCW.
Sale or gift of tobacco to minor is gross misdemeanor: RCW 26.28.080.
Sanitary control of shellfish: Chapter 69.30 RCW.
Social and health services, department of: Chapter 43.20A RCW.
[Title 70 RCW—page 2]
(2004 Ed.)
Title 71
Title 71
MENTAL ILLNESS
Chapters
71.02 Mental illness—Reimbursement of costs for
treatment.
71.05 Mental illness.
71.06 Sexual psychopaths.
71.09 Sexually violent predators.
71.12 Private establishments.
71.20 Local funds for community services.
71.24 Community mental health services act.
71.28 Mental health and developmental disabilities services—Interstate contracts.
71.32 Mental health advance directives.
71.34 Mental health services for minors.
71.36 Coordination of children's mental health services.
71.98 Construction.
Commitment to veterans' administration or other federal agency: RCW
73.36.165.
71.02.900 Construction and purpose—1959 c 25. The
provisions of this chapter shall be liberally construed so that
persons who are in need of care and treatment for mental illness shall receive humane care and treatment and be restored
to normal mental condition as rapidly as possible with an
avoidance of loss of civil rights where not necessary, and
with as little formality as possible, still preserving all rights
and all privileges of the person as guaranteed by the Constitution. [1959 c 25 § 71.02.900. Prior: 1951 c 139 § 1; 1949
c 198 § 1; Rem. Supp. 1949 § 6953-1.]
71.02.900
Chapter 71.05
Alcoholism, intoxication, and drug addiction treatment: Chapters 70.96 and
70.96A RCW.
Children's center for research and training in mental retardation: RCW
28B.20.410 through 28B.20.414.
County hospitals: Chapter 36.62 RCW.
Harrison Memorial Hospital: RCW 72.29.010.
Sections
71.05.010
71.05.012
71.05.020
71.05.025
Interstate compact on mental health: Chapter 72.27 RCW.
Mental health: Chapter 72.06 RCW.
71.05.030
71.05.035
71.05.040
Nonresident mentally ill, sexual psychopaths, and psychopathic delinquents:
Chapter 72.25 RCW.
71.05.050
Jurisdiction over Indians concerning mental illness: Chapter 37.12 RCW.
State hospitals for mentally ill: Chapter 72.23 RCW.
Chapter 71.02 RCW
MENTAL ILLNESS—REIMBURSEMENT OF
COSTS FOR TREATMENT
Chapter 71.02
Sections
71.02.490
71.02.900
Authority over patient—Federal agencies, private establishments.
Construction and purpose—1959 c 25.
Commitment to veterans' administration or other federal agency: RCW
73.36.165.
71.05.060
71.05.070
71.05.090
71.05.100
71.05.110
71.05.120
71.05.130
71.05.132
71.05.135
71.05.137
71.05.140
71.05.145
71.05.150
Criminally insane—Procedures, rights, and responsibilities: Chapter 10.77
RCW.
71.05.155
Guardianship of estate or person: Chapters 11.88 and 11.92 RCW.
71.05.157
Mental illness: Chapter 71.05 RCW.
71.05.160
71.05.170
71.05.180
71.05.190
State hospitals for mentally ill: Chapter 72.23 RCW.
Voluntary patients: RCW 72.23.080 through 72.23.120.
71.02.490
71.02.490 Authority over patient—Federal agencies,
private establishments. The United States veterans' administration, or other United States government agency, or the
chief officer of a private facility shall have the same powers
as are conferred upon the superintendent of a state hospital
with reference to retention, transfer, parole, or discharge of
mentally ill persons ordered hospitalized in their facilities.
[1959 c 25 § 71.02.490. Prior: 1951 c 139 § 26.]
(2004 Ed.)
Chapter 71.05 RCW
MENTAL ILLNESS
71.05.200
71.05.210
71.05.212
71.05.214
71.05.215
71.05.220
71.05.230
71.05.232
71.05.235
Legislative intent.
Legislative intent and finding.
Definitions.
Integration with chapter 71.24 RCW—Regional support networks.
Commitment laws applicable.
Findings—Developmentally disabled.
Detention or judicial commitment of persons who are developmentally disabled, impaired by chronic alcoholism or drug
abuse, or suffering from dementia.
Voluntary application for mental health services—Rights—
Review of condition and status—Detention—Person refusing voluntary admission, temporary detention.
Rights of persons complained against.
Prayer treatment.
Choice of physicians.
Financial responsibility.
Compensation of appointed counsel.
Exemptions from liability.
Duties of prosecuting attorney and attorney general.
Court-ordered treatment—Required notifications.
Mental health commissioners—Appointment.
Mental health commissioners—Authority.
Records maintained.
Dangerous mentally ill offenders—Less restrictive alternative.
Detention of mentally disordered persons for evaluation and
treatment—Procedure.
Request to mental health professional by law enforcement
agency for investigation under RCW 71.05.150—Advisory
report of results.
Evaluation by county designated mental health professional—
When required—Required notifications.
Petition for initial detention.
Acceptance of petition—Notice—Duty of state hospital.
Detention period for evaluation and treatment.
Persons not admitted—Transportation—Detention of arrested
person pending return to custody.
Notice and statement of rights—Probable cause hearing.
Evaluation—Treatment and care—Release or other disposition.
Evaluation—Consideration of information and records.
Protocols—Development—Submission to governor and legislature.
Right to refuse antipsychotic medicine—Rules.
Property of committed person.
Procedures for additional treatment.
Discharge reviews—Consultations, notifications required.
Examination, evaluation of criminal defendant—Hearing.
[Title 71 RCW—page 1]
71.05.010
71.05.237
71.05.240
71.05.245
71.05.250
71.05.260
71.05.270
71.05.280
71.05.285
71.05.290
71.05.300
71.05.310
71.05.320
71.05.325
71.05.330
71.05.335
71.05.340
71.05.350
71.05.360
71.05.370
71.05.380
71.05.390
71.05.395
71.05.400
71.05.410
71.05.420
71.05.425
71.05.427
71.05.430
71.05.440
71.05.445
71.05.450
71.05.460
71.05.470
71.05.480
71.05.490
71.05.500
71.05.510
71.05.520
71.05.525
71.05.530
71.05.550
71.05.560
71.05.5601
71.05.5602
71.05.570
71.05.575
71.05.610
71.05.620
71.05.630
71.05.640
71.05.650
71.05.660
71.05.670
71.05.680
71.05.690
71.05.900
71.05.910
71.05.920
71.05.930
71.05.940
Title 71 RCW: Mental Illness
Judicial proceedings—Court to enter findings when recommendations of professional person not followed.
Petition for involuntary treatment or alternative treatment—
Probable cause hearing.
Determination of likelihood of serious harm—Use of recent
history evidence.
Probable cause hearing—Detained person's rights—Waiver of
privilege—Limitation—Records as evidence.
Release from involuntary intensive treatment—Exception.
Temporary release.
Additional confinement—Grounds.
Additional confinement—Prior history evidence.
Petition for additional confinement—Affidavit.
Filing of petition—Appearance—Notice—Advice as to
rights—Appointment of representative.
Time for hearing—Due process—Jury trial—Continuation of
treatment.
Remand for additional treatment—Duration—Developmentally disabled—Grounds—Hearing.
Release—Authorized leave—Notice to prosecuting attorney.
Early release—Notice to court and prosecuting attorney—
Petition for hearing.
Modification of order for inpatient treatment—Intervention by
prosecuting attorney.
Outpatient treatment or care—Conditional release—Procedures for revocation.
Assistance to released persons.
Rights of involuntarily detained persons.
Rights—Posting of list.
Rights of voluntarily committed persons.
Confidential information and records—Disclosure.
Application of uniform health care information act, chapter
70.02 RCW.
Release of information to patient's next of kin, attorney, guardian, conservator—Notification of patient's death.
Notice of disappearance of patient.
Records of disclosure.
Persons committed following dismissal of sex, violent, or felony harassment offense—Notification of conditional
release, final release, leave, transfer, or escape—To whom
given—Definitions.
Persons committed following dismissal of sex offense—
Release of information authorized.
Statistical data.
Action for unauthorized release of confidential information—
Liquidated damages—Treble damages—Injunction.
Mental health services information—Release to department of
corrections—Initial assessment inquiry—Required notifications—Rules.
Competency—Effect—Statement of Washington law.
Right to counsel.
Right to examination.
Petitioning for release—Writ of habeas corpus.
Rights of persons committed before January 1, 1974.
Liability of applicant.
Damages for excessive detention.
Protection of rights—Staff.
Transfer of person committed to juvenile correction institution
to institution or facility for mentally ill juveniles.
Facilities part of comprehensive mental health program.
Recognition of county financial necessities.
Adoption of rules.
Rule making—Medicaid—Secretary of corrections—Secretary of social and health services.
Rule making—Chapter 214, Laws of 1999—Secretary of corrections—Secretary of social and health services.
Rules of court.
Less restrictive alternative treatment—Consideration by court.
Treatment records—Definitions.
Treatment records—Informed consent for disclosure of information—Court files and records.
Treatment records—Confidential—Release.
Treatment records—Access procedures.
Treatment records—Notation of and access to released data.
Treatment records—Privileged communications unaffected.
Treatment records—Violations—Civil action.
Treatment records—Access under false pretenses, penalty.
Treatment records—Rules.
Severability—1973 1st ex.s. c 142.
Construction—1973 1st ex.s. c 142.
Section headings not part of the law.
Effective date—1973 1st ex.s. c 142.
Equal application of 1989 c 420—Evaluation for developmental disability.
[Title 71 RCW—page 2]
Rules of court: Cf. Superior Court Mental Proceedings Rules (MPR).
Reviser's note: The department of social and health services filed an
emergency order, WSR 89-20-030, effective October 1, 1989, establishing
rules for the recognition and certification of regional support networks. A
final order was filed on January 24, 1990, effective January 25, 1990.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Minors—Mental health services, commitment: Chapter 71.34 RCW.
Regional support networks: RCW 71.24.310.
71.05.010 Legislative intent. The provisions of this
chapter are intended by the legislature:
(1) To prevent inappropriate, indefinite commitment of
mentally disordered persons and to eliminate legal disabilities that arise from such commitment;
(2) To provide prompt evaluation and timely and appropriate treatment of persons with serious mental disorders;
(3) To safeguard individual rights;
(4) To provide continuity of care for persons with serious
mental disorders;
(5) To encourage the full use of all existing agencies,
professional personnel, and public funds to prevent duplication of services and unnecessary expenditures;
(6) To encourage, whenever appropriate, that services be
provided within the community;
(7) To protect the public safety. [1998 c 297 § 2; 1997 c
112 § 2; 1989 c 120 § 1; 1973 1st ex.s. c 142 § 6.]
71.05.010
Effective dates—1998 c 297: "This act takes effect July 1, 1998, except
for sections 18, 35, 38, and 39 of this act, which take effect March 1, 1999."
[1998 c 297 § 53.]
Severability—1998 c 297: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1998 c 297 § 58.]
Intent—1998 c 297: "It is the intent of the legislature to: (1) Clarify
that it is the nature of a person's current conduct, current mental condition,
history, and likelihood of committing future acts that pose a threat to public
safety or himself or herself, rather than simple categorization of offenses,
that should determine treatment procedures and level; (2) improve and clarify the sharing of information between the mental health and criminal justice
systems; and (3) provide additional opportunities for mental health treatment
for persons whose conduct threatens himself or herself or threatens public
safety and has led to contact with the criminal justice system.
The legislature recognizes that a person can be incompetent to stand
trial, but may not be gravely disabled or may not present a likelihood of serious harm. The legislature does not intend to create a presumption that a person who is found incompetent to stand trial is gravely disabled or presents a
likelihood of serious harm requiring civil commitment." [1998 c 297 § 1.]
71.05.012 Legislative intent and finding. It is the
intent of the legislature to enhance continuity of care for persons with serious mental disorders that can be controlled or
stabilized in a less restrictive alternative commitment. Within
the guidelines stated in In Re LaBelle 107 Wn. 2d 196 (1986),
the legislature intends to encourage appropriate interventions
at a point when there is the best opportunity to restore the person to or maintain satisfactory functioning.
For persons with a prior history or pattern of repeated
hospitalizations or law enforcement interventions due to decompensation, the consideration of prior mental history is particularly relevant in determining whether the person would
receive, if released, such care as is essential for his or her
health or safety.
Therefore, the legislature finds that for persons who are
currently under a commitment order, a prior history of dec71.05.012
(2004 Ed.)
Mental Illness
ompensation leading to repeated hospitalizations or law
enforcement interventions should be given great weight in
determining whether a new less restrictive alternative commitment should be ordered. [1997 c 112 § 1.]
71.05.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Admission" or "admit" means a decision by a physician that a person should be examined or treated as a patient
in a hospital;
(2) "Antipsychotic medications" means that class of
drugs primarily used to treat serious manifestations of mental
illness associated with thought disorders, which includes, but
is not limited to atypical antipsychotic medications;
(3) "Attending staff" means any person on the staff of a
public or private agency having responsibility for the care
and treatment of a patient;
(4) "Commitment" means the determination by a court
that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive
setting;
(5) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation
of any of its terms;
(6) "County designated mental health professional"
means a mental health professional appointed by the county
to perform the duties specified in this chapter;
(7) "Custody" means involuntary detention under the
provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;
(8) "Department" means the department of social and
health services;
(9) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;
(10) "Developmental disabilities professional" means a
person who has specialized training and three years of experience in directly treating or working with persons with
developmental disabilities and is a psychiatrist, psychologist,
or social worker, and such other developmental disabilities
professionals as may be defined by rules adopted by the secretary;
(11) "Developmental disability" means that condition
defined in RCW 71A.10.020(3);
(12) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;
(13) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with
other public or private agencies, emergency evaluation and
treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and
which is certified as such by the department. A physically
separate and separately operated portion of a state hospital
may be designated as an evaluation and treatment facility. A
facility which is part of, or operated by, the department or any
federal agency will not require certification. No correctional
institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;
71.05.020
(2004 Ed.)
71.05.020
(14) "Gravely disabled" means a condition in which a
person, as a result of a mental disorder: (a) Is in danger of
serious physical harm resulting from a failure to provide for
his or her essential human needs of health or safety; or (b)
manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such
care as is essential for his or her health or safety;
(15) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and
maintaining life skills and in raising their levels of physical,
mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the individual being assisted as manifested by prior charged criminal
conduct;
(16) "History of one or more violent acts" refers to the
period of time ten years prior to the filing of a petition under
this chapter, excluding any time spent, but not any violent
acts committed, in a mental health facility or in confinement
as a result of a criminal conviction;
(17) "Individualized service plan" means a plan prepared
by a developmental disabilities professional with other professionals as a team, for an individual with developmental
disabilities, which shall state:
(a) The nature of the person's specific problems, prior
charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve
the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to
achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and
due consideration for public safety, the criteria for proposed
movement to less-restrictive settings, criteria for proposed
eventual discharge or release, and a projected possible date
for discharge or release; and
(g) The type of residence immediately anticipated for the
person and possible future types of residences;
(18) "Judicial commitment" means a commitment by a
court pursuant to the provisions of this chapter;
(19) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be
inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict
physical harm on oneself; (ii) physical harm will be inflicted
by an individual upon another, as evidenced by behavior
which has caused such harm or which places another person
or persons in reasonable fear of sustaining such harm; or (iii)
physical harm will be inflicted by an individual upon the
property of others, as evidenced by behavior which has
caused substantial loss or damage to the property of others; or
(b) The individual has threatened the physical safety of
another and has a history of one or more violent acts;
(20) "Mental disorder" means any organic, mental, or
emotional impairment which has substantial adverse effects
on an individual's cognitive or volitional functions;
[Title 71 RCW—page 3]
71.05.025
Title 71 RCW: Mental Illness
(21) "Mental health professional" means a psychiatrist,
psychologist, psychiatric nurse, or social worker, and such
other mental health professionals as may be defined by rules
adopted by the secretary pursuant to the provisions of this
chapter;
(22) "Peace officer" means a law enforcement official of
a public agency or governmental unit, and includes persons
specifically given peace officer powers by any state law,
local ordinance, or judicial order of appointment;
(23) "Private agency" means any person, partnership,
corporation, or association that is not a public agency,
whether or not financed in whole or in part by public funds,
which constitutes an evaluation and treatment facility or private institution, hospital, or sanitarium, which is conducted
for, or includes a department or ward conducted for, the care
and treatment of persons who are mentally ill;
(24) "Professional person" means a mental health professional and shall also mean a physician, registered nurse, and
such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(25) "Psychiatrist" means a person having a license as a
physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the
American osteopathic association and is certified or eligible
to be certified by the American board of psychiatry and neurology;
(26) "Psychologist" means a person who has been
licensed as a psychologist pursuant to chapter 18.83 RCW;
(27) "Public agency" means any evaluation and treatment facility or institution, hospital, or sanitarium which is
conducted for, or includes a department or ward conducted
for, the care and treatment of persons who are mentally ill;[,]
if the agency is operated directly by, federal, state, county, or
municipal government, or a combination of such governments;
(28) "Release" means legal termination of the commitment under the provisions of this chapter;
(29) "Resource management services" has the meaning
given in chapter 71.24 RCW;
(30) "Secretary" means the secretary of the department
of social and health services, or his or her designee;
(31) "Social worker" means a person with a master's or
further advanced degree from an accredited school of social
work or a degree deemed equivalent under rules adopted by
the secretary;
(32) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property. [2000 c 94 § 1; 1999 c 13 § 5; 1998 c 297 §
3; 1997 c 112 § 3. Prior: 1989 c 420 § 13; 1989 c 205 § 8;
1989 c 120 § 2; 1979 ex.s. c 215 § 5; 1973 1st ex.s. c 142 § 7.]
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.025
71.05.025 Integration with chapter 71.24 RCW—
Regional support networks. The legislature intends that the
procedures and services authorized in this chapter be integrated with those in chapter 71.24 RCW to the maximum
extent necessary to assure a continuum of care to persons
[Title 71 RCW—page 4]
who are mentally ill or who have mental disorders, as defined
in either or both this chapter and chapter 71.24 RCW. To this
end, regional support networks established in accordance
with chapter 71.24 RCW shall institute procedures which
require timely consultation with resource management services by county-designated mental health professionals and
evaluation and treatment facilities to assure that determinations to admit, detain, commit, treat, discharge, or release
persons with mental disorders under this chapter are made
only after appropriate information regarding such person's
treatment history and current treatment plan has been sought
from resource management services. [2000 c 94 § 2; 1989 c
205 § 9.]
Evaluation of transition to regional systems—1989 c 205: See note
following RCW 71.24.015.
71.05.030
71.05.030 Commitment laws applicable. Persons suffering from a mental disorder may not be involuntarily committed for treatment of such disorder except pursuant to provisions of this chapter, chapter 10.77 RCW, chapter 71.06
RCW, chapter 71.34 RCW, transfer pursuant to RCW
72.68.031 through 72.68.037, or pursuant to court ordered
evaluation and treatment not to exceed ninety days pending a
criminal trial or sentencing. [1998 c 297 § 4; 1985 c 354 §
31; 1983 c 3 § 179; 1974 ex.s. c 145 § 4; 1973 2nd ex.s. c 24
§ 2; 1973 1st ex.s. c 142 § 8.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Severability—Effective date—1985 c 354: See RCW 71.34.900 and
71.34.901.
71.05.035
71.05.035 Findings—Developmentally disabled. The
legislature finds that among those persons who endanger the
safety of others by committing crimes are a small number of
persons with developmental disabilities. While their conduct
is not typical of the vast majority of persons with developmental disabilities who are responsible citizens, for their own
welfare and for the safety of others the state may need to
exercise control over those few dangerous individuals who
are developmentally disabled, have been charged with crimes
that involve a threat to public safety or security, and have
been found either incompetent to stand trial or not guilty by
reason of insanity.
The legislature finds, however, that the use of civil commitment procedures under chapter 71.05 RCW to effect state
control over dangerous developmentally disabled persons has
resulted in their commitment to institutions for the mentally
ill. The legislature finds that existing programs in mental
institutions may be inappropriate for persons who are developmentally disabled because the services provided in mental
institutions are oriented to persons with mental illness, a condition not necessarily associated with developmental disabilities.
Therefore, the legislature believes that, where appropriate, and subject to available funds, persons with developmental disabilities who have been charged with crimes that
involve a threat to public safety or security and have been
found incompetent to stand trial or not guilty by reason of
insanity should receive state services addressing their needs,
that such services must be provided in conformance with an
individual habilitation plan, and that their initial treatment
(2004 Ed.)
Mental Illness
should be separate and discrete from treatment for persons
involved in any other treatment or habilitation program in a
manner consistent with the needs of public safety. [1998 c
297 § 5; 1989 c 420 § 2.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.040
71.05.040 Detention or judicial commitment of persons who are developmentally disabled, impaired by
chronic alcoholism or drug abuse, or suffering from
dementia. Persons who are developmentally disabled,
impaired by chronic alcoholism or drug abuse, or suffering
from dementia shall not be detained for evaluation and treatment or judicially committed solely by reason of that condition unless such condition causes a person to be gravely disabled or as a result of a mental disorder such condition exists
that constitutes a likelihood of serious harm: Provided however, That persons who are developmentally disabled,
impaired by chronic alcoholism or drug abuse, or suffering
from dementia and who otherwise meet the criteria for detention or judicial commitment are not ineligible for detention or
commitment based on this condition alone. [2004 c 166 § 2;
1997 c 112 § 4; 1987 c 439 § 1; 1977 ex.s. c 80 § 41; 1975 1st
ex.s. c 199 § 1; 1974 ex.s. c 145 § 5; 1973 1st ex.s. c 142 § 9.]
Severability—2004 c 166: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2004 c 166 § 23.]
Effective dates—2004 c 166: "This act takes effect July 1, 2004, except
for sections 6, 20, and 22 of this act, which are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately
[March 26, 2004]." [2004 c 166 § 24.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
71.05.050
71.05.050 Voluntary application for mental health
services—Rights—Review of condition and status—
Detention—Person refusing voluntary admission, temporary detention. Nothing in this chapter shall be construed to
limit the right of any person to apply voluntarily to any public
or private agency or practitioner for treatment of a mental disorder, either by direct application or by referral. Any person
voluntarily admitted for inpatient treatment to any public or
private agency shall be released immediately upon his or her
request. Any person voluntarily admitted for inpatient treatment to any public or private agency shall orally be advised
of the right to immediate discharge, and further advised of
such rights in writing as are secured to them pursuant to this
chapter and their rights of access to attorneys, courts, and
other legal redress. Their condition and status shall be
reviewed at least once each one hundred eighty days for evaluation as to the need for further treatment or possible discharge, at which time they shall again be advised of their
right to discharge upon request: PROVIDED HOWEVER,
That if the professional staff of any public or private agency
or hospital regards a person voluntarily admitted who
requests discharge as presenting, as a result of a mental disorder, an imminent likelihood of serious harm, or is gravely disabled, they may detain such person for sufficient time to
notify the county designated mental health professional of
such person's condition to enable the county designated men(2004 Ed.)
71.05.100
tal health professional to authorize such person being further
held in custody or transported to an evaluation and treatment
center pursuant to the provisions of this chapter, which shall
in ordinary circumstances be no later than the next judicial
day: PROVIDED FURTHER, That if a person is brought to
the emergency room of a public or private agency or hospital
for observation or treatment, the person refuses voluntary
admission, and the professional staff of the public or private
agency or hospital regard such person as presenting as a
result of a mental disorder an imminent likelihood of serious
harm, or as presenting an imminent danger because of grave
disability, they may detain such person for sufficient time to
notify the county designated mental health professional of
such person's condition to enable the county designated mental health professional to authorize such person being further
held in custody or transported to an evaluation treatment center pursuant to the conditions in this chapter, but which time
shall be no more than six hours from the time the professional
staff determine that an evaluation by the county designated
mental health professional is necessary. [2000 c 94 § 3; 1998
c 297 § 6; 1997 c 112 § 5; 1979 ex.s. c 215 § 6; 1975 1st ex.s.
c 199 § 2; 1974 ex.s. c 145 § 6; 1973 1st ex.s. c 142 § 10.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.060
71.05.060 Rights of persons complained against. A
person subject to confinement resulting from any petition or
proceeding pursuant to the provisions of this chapter shall not
forfeit any legal right or suffer any legal disability as a consequence of any actions taken or orders made, other than as specifically provided in this chapter. [1973 1st ex.s. c 142 § 11.]
71.05.070
71.05.070 Prayer treatment. The provisions of this
chapter shall not be construed to deny to any person treatment
by spiritual means through prayer in accordance with the
tenets and practices of a church or religious denomination.
[1973 1st ex.s. c 142 § 12.]
71.05.090
71.05.090 Choice of physicians. Persons receiving
evaluation or treatment under this chapter shall be given a
reasonable choice of an available physician or other professional person qualified to provide such services. [1973 2nd
ex.s. c 24 § 3; 1973 1st ex.s. c 142 § 14.]
71.05.100
71.05.100 Financial responsibility. In addition to the
responsibility provided for by RCW 43.20B.330, any person,
or his or her estate, or his or her spouse, or the parents of a
minor person who is involuntarily detained pursuant to this
chapter for the purpose of treatment and evaluation outside of
a facility maintained and operated by the department shall be
responsible for the cost of such care and treatment. In the
event that an individual is unable to pay for such treatment or
in the event payment would result in a substantial hardship
upon the individual or his or her family, then the county of
residence of such person shall be responsible for such costs.
If it is not possible to determine the county of residence of the
person, the cost shall be borne by the county where the person
was originally detained. The department shall, pursuant to
chapter 34.05 RCW, adopt standards as to (1) inability to pay
in whole or in part, (2) a definition of substantial hardship,
[Title 71 RCW—page 5]
71.05.110
Title 71 RCW: Mental Illness
and (3) appropriate payment schedules. Such standards shall
be applicable to all county mental health administrative
boards. Financial responsibility with respect to department
services and facilities shall continue to be as provided in
RCW 43.20B.320 through 43.20B.360 and 43.20B.370.
[1997 c 112 § 6; 1987 c 75 § 18; 1973 2nd ex.s. c 24 § 4; 1973
1st ex.s. c 142 § 15.]
or detention: PROVIDED, That the attorney general shall
represent and provide legal services and advice to state hospitals or institutions with regard to all provisions of and proceedings under this chapter except in proceedings initiated by
such hospitals and institutions seeking fourteen day detention. [1998 c 297 § 7; 1991 c 105 § 3; 1989 c 120 § 4; 1979
ex.s. c 215 § 8; 1973 1st ex.s. c 142 § 18.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Severability—1991 c 105: See note following RCW 71.05.215.
71.05.110
71.05.110 Compensation of appointed counsel. Attorneys appointed for persons pursuant to this chapter shall be
compensated for their services as follows: (1) The person for
whom an attorney is appointed shall, if he or she is financially
able pursuant to standards as to financial capability and indigency set by the superior court of the county in which the proceeding is held, bear the costs of such legal services; (2) if
such person is indigent pursuant to such standards, the costs
of such services shall be borne by the county in which the
proceeding is held, subject however to the responsibility for
costs provided in RCW 71.05.320(2). [1997 c 112 § 7; 1973
1st ex.s. c 142 § 16.]
71.05.120
71.05.120 Exemptions from liability. (1) No officer of
a public or private agency, nor the superintendent, professional person in charge, his or her professional designee, or
attending staff of any such agency, nor any public official
performing functions necessary to the administration of this
chapter, nor peace officer responsible for detaining a person
pursuant to this chapter, nor any county designated mental
health professional, nor the state, a unit of local government,
or an evaluation and treatment facility shall be civilly or
criminally liable for performing duties pursuant to this chapter with regard to the decision of whether to admit, discharge,
release, administer antipsychotic medications, or detain a
person for evaluation and treatment: PROVIDED, That such
duties were performed in good faith and without gross negligence.
(2) This section does not relieve a person from giving the
required notices under RCW 71.05.330(2) or
71.05.340(1)(b), or the duty to warn or to take reasonable
precautions to provide protection from violent behavior
where the patient has communicated an actual threat of physical violence against a reasonably identifiable victim or victims. The duty to warn or to take reasonable precautions to
provide protection from violent behavior is discharged if reasonable efforts are made to communicate the threat to the victim or victims and to law enforcement personnel. [2000 c 94
§ 4; 1991 c 105 § 2; 1989 c 120 § 3; 1987 c 212 § 301; 1979
ex.s. c 215 § 7; 1974 ex.s. c 145 § 7; 1973 2nd ex.s. c 24 § 5;
1973 1st ex.s. c 142 § 17.]
Severability—1991 c 105: See note following RCW 71.05.215.
71.05.130
71.05.130 Duties of prosecuting attorney and attorney general. In any judicial proceeding for involuntary commitment or detention, or in any proceeding challenging such
commitment or detention, the prosecuting attorney for the
county in which the proceeding was initiated shall represent
the individuals or agencies petitioning for commitment or
detention and shall defend all challenges to such commitment
[Title 71 RCW—page 6]
71.05.132
71.05.132 Court-ordered treatment—Required notifications. When any court orders a person to receive treatment under this chapter, the order shall include a statement
that if the person is, or becomes, subject to supervision by the
department of corrections, the person must notify the treatment provider and the person's mental health treatment information must be shared with the department of corrections for
the duration of the offender's incarceration and supervision,
under RCW 71.05.445. Upon a petition by a person who
does not have a history of one or more violent acts, the court
may, for good cause, find that public safety would not be
enhanced by the sharing of this person's information. [2004
c 166 § 12.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
71.05.135
71.05.135 Mental health commissioners—Appointment. In each county the superior court may appoint the following persons to assist the superior court in disposing of its
business: PROVIDED, That such positions may not be created without prior consent of the county legislative authority:
(1) One or more attorneys to act as mental health commissioners; and
(2) Such investigators, stenographers, and clerks as the
court shall find necessary to carry on the work of the mental
health commissioners.
The appointments provided for in this section shall be
made by a majority vote of the judges of the superior court of
the county and may be in addition to all other appointments
of commissioners and other judicial attaches otherwise
authorized by law. Mental health commissioners and investigators shall serve at the pleasure of the judges appointing
them and shall receive such compensation as the county legislative authority shall determine. The appointments may be
full or part-time positions. A person appointed as a mental
health commissioner may also be appointed to any other
commissioner position authorized by law. [1993 c 15 § 2;
1991 c 363 § 146; 1989 c 174 § 1.]
Effective date—1993 c 15: See note following RCW 26.12.050.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1989 c 174: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1989 c 174 § 4.]
71.05.137
71.05.137 Mental health commissioners—Authority.
The judges of the superior court of the county by majority
vote may authorize mental health commissioners, appointed
(2004 Ed.)
Mental Illness
pursuant to RCW 71.05.135, to perform any or all of the following duties:
(1) Receive all applications, petitions, and proceedings
filed in the superior court for the purpose of disposing of
them pursuant to this chapter;
(2) Investigate the facts upon which to base warrants,
subpoenas, orders to directions in actions, or proceedings
filed pursuant to this chapter;
(3) For the purpose of this chapter, exercise all powers
and perform all the duties of a court commissioner appointed
pursuant to RCW 2.24.010;
(4) Hold hearings in proceedings under this chapter and
make written reports of all proceedings under this chapter
which shall become a part of the record of superior court;
(5) Provide such supervision in connection with the exercise of its jurisdiction as may be ordered by the presiding
judge; and
(6) Cause the orders and findings to be entered in the
same manner as orders and findings are entered in cases in
the superior court. [1989 c 174 § 2.]
Severability—1989 c 174: See note following RCW 71.05.135.
71.05.140
71.05.140 Records maintained. A record of all applications, petitions, and proceedings under this chapter shall be
maintained by the county clerk in which the application, petition, or proceeding was initiated. [1973 1st ex.s. c 142 § 19.]
71.05.145
71.05.145 Dangerous mentally ill offenders—Less
restrictive alternative. The legislature intends that, when
ev aluating a p er son wh o is iden tif ied under RCW
72.09.370(7), the professional person at the evaluation and
treatment facility shall, when appropriate after consideration
of the person's mental condition and relevant public safety
concerns, file a petition for a ninety-day less restrictive alternative in lieu of a petition for a fourteen-day commitment.
[1999 c 214 § 4.]
Intent—Effective date—1999 c 214: See notes following RCW
72.09.370.
71.05.150
71.05.150 Detention of mentally disordered persons
for evaluation and treatment—Procedure. (1)(a) When a
county designated mental health professional receives information alleging that a person, as a result of a mental disorder:
(i) Presents a likelihood of serious harm; or (ii) is gravely disabled; the county designated mental health professional may,
after investigation and evaluation of the specific facts alleged
and of the reliability and credibility of any person providing
information to initiate detention, if satisfied that the allegations are true and that the person will not voluntarily seek
appropriate treatment, file a petition for initial detention.
Before filing the petition, the county designated mental
health professional must personally interview the person,
unless the person refuses an interview, and determine
whether the person will voluntarily receive appropriate evaluation and treatment at an evaluation and treatment facility.
(b) Whenever it appears, by petition for initial detention,
to the satisfaction of a judge of the superior court that a person presents, as a result of a mental disorder, a likelihood of
serious harm, or is gravely disabled, and that the person has
refused or failed to accept appropriate evaluation and treat(2004 Ed.)
71.05.150
ment voluntarily, the judge may issue an order requiring the
person to appear within twenty-four hours after service of the
order at a designated evaluation and treatment facility for not
more than a seventy-two hour evaluation and treatment
period. The order shall state the address of the evaluation and
treatment facility to which the person is to report and whether
the required seventy-two hour evaluation and treatment services may be delivered on an outpatient or inpatient basis and
that if the person named in the order fails to appear at the
evaluation and treatment facility at or before the date and
time stated in the order, such person may be involuntarily
taken into custody for evaluation and treatment. The order
shall also designate retained counsel or, if counsel is
appointed from a list provided by the court, the name, business address, and telephone number of the attorney appointed
to represent the person.
(c) The county designated mental health professional
shall then serve or cause to be served on such person, his or
her guardian, and conservator, if any, a copy of the order to
appear together with a notice of rights and a petition for initial detention. After service on such person the county designated mental health professional shall file the return of service in court and provide copies of all papers in the court file
to the evaluation and treatment facility and the designated
attorney. The county designated mental health professional
shall notify the court and the prosecuting attorney that a probable cause hearing will be held within seventy-two hours of
the date and time of outpatient evaluation or admission to the
evaluation and treatment facility. The person shall be permitted to remain in his or her home or other place of his or her
choosing prior to the time of evaluation and shall be permitted to be accompanied by one or more of his or her relatives,
friends, an attorney, a personal physician, or other professional or religious advisor to the place of evaluation. An
attorney accompanying the person to the place of evaluation
shall be permitted to be present during the admission evaluation. Any other individual accompanying the person may be
present during the admission evaluation. The facility may
exclude the individual if his or her presence would present a
safety risk, delay the proceedings, or otherwise interfere with
the evaluation.
(d) If the person ordered to appear does appear on or
before the date and time specified, the evaluation and treatment facility may admit such person as required by RCW
71.05.170 or may provide treatment on an outpatient basis. If
the person ordered to appear fails to appear on or before the
date and time specified, the evaluation and treatment facility
shall immediately notify the county designated mental health
professional who may notify a peace officer to take such person or cause such person to be taken into custody and placed
in an evaluation and treatment facility. Should the county
designated mental health professional notify a peace officer
authorizing him or her to take a person into custody under the
provisions of this subsection, he or she shall file with the
court a copy of such authorization and a notice of detention.
At the time such person is taken into custody there shall commence to be served on such person, his or her guardian, and
conservator, if any, a copy of the original order together with
a notice of detention, a notice of rights, and a petition for initial detention.
[Title 71 RCW—page 7]
71.05.155
Title 71 RCW: Mental Illness
(2) When a county designated mental health professional
receives information alleging that a person, as the result of a
mental disorder, presents an imminent likelihood of serious
harm, or is in imminent danger because of being gravely disabled, after investigation and evaluation of the specific facts
alleged and of the reliability and credibility of the person or
persons providing the information if any, the county designated mental health professional may take such person, or
cause by oral or written order such person to be taken into
emergency custody in an evaluation and treatment facility for
not more than seventy-two hours as described in RCW
71.05.180.
(3) A peace officer may take such person or cause such
person to be taken into custody and placed in an evaluation
and treatment facility pursuant to subsection (1)(d) of this
section.
(4) A peace officer may, without prior notice of the proceedings provided for in subsection (1) of this section, take or
cause such person to be taken into custody and immediately
delivered to an evaluation and treatment facility or the emergency department of a local hospital:
(a) Only pursuant to subsections (1)(d) and (2) of this
section; or
(b) When he or she has reasonable cause to believe that
such person is suffering from a mental disorder and presents
an imminent likelihood of serious harm or is in imminent
danger because of being gravely disabled.
(5) Persons delivered to evaluation and treatment facilities by peace officers pursuant to subsection (4)(b) of this
section may be held by the facility for a period of up to twelve
hours: PROVIDED, That they are examined by a mental
health professional within three hours of their arrival. Within
twelve hours of their arrival, the county designated mental
health professional must file a supplemental petition for
detention, and commence service on the designated attorney
for the detained person. [1998 c 297 § 8; 1997 c 112 § 8;
1984 c 233 § 1; 1979 ex.s. c 215 § 9; 1975 1st ex.s. c 199 § 3;
1974 ex.s. c 145 § 8; 1973 1st ex.s. c 142 § 20.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.155 Request to mental health professional by
law enforcement agency for investigation under RCW
71.05.150—Advisory report of results. When a mental
health professional is requested by a representative of a law
enforcement agency, including a police officer, sheriff, a
municipal attorney, or prosecuting attorney to undertake an
investigation under RCW 71.05.150, the mental health professional shall, if requested to do so, advise the representative
in writing of the results of the investigation including a statement of reasons for the decision to detain or release the person investigated. Such written report shall be submitted
within seventy-two hours of the completion of the investigation or the request from the law enforcement representative,
whichever occurs later. [1997 c 112 § 9; 1979 ex.s. c 215 §
10.]
71.05.155
71.05.157 Evaluation by county designated mental
health professional—When required—Required notifications. (1) When a county designated mental health professional is notified by a jail that a defendant or offender who
71.05.157
[Title 71 RCW—page 8]
was subject to a discharge review under RCW 71.05.232 is to
be released to the community, the county designated mental
health professional shall evaluate the person within seventytwo hours of release.
(2) When an offender is under court-ordered treatment in
the community and the supervision of the department of corrections, and the treatment provider becomes aware that the
person is in violation of the terms of the court order, the treatment provider shall notify the county designated mental
health professional of the violation and request an evaluation
for purposes of revocation of the less restrictive alternative.
(3) When a county designated mental health professional
becomes aware that an offender who is under court-ordered
treatment in the community and the supervision of the department of corrections is in violation of a treatment order or a
condition of supervision, or the county designated mental
health professional detains a person under this chapter, the
county designated mental health professional shall notify the
person's treatment provider and the department of corrections.
(4) When an offender who is confined in a state correctional facility or is under supervision of the department of
corrections in the community is subject to a petition for involuntary treatment under this chapter, the petitioner shall notify
the department of corrections and the department of corrections shall provide documentation of its risk assessment or
other concerns to the petitioner and the court if the department of corrections classified the offender as a high risk or
high needs offender.
(5) Nothing in this section creates a duty on any treatment provider or county designated mental health professional to provide offender supervision. [2004 c 166 § 16.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
71.05.160
71.05.160 Petition for initial detention. Any facility
receiving a person pursuant to RCW 71.05.150 shall require
a petition for initial detention stating the circumstances under
which the person's condition was made known and stating
that such officer or person has evidence, as a result of his or
her personal observation or investigation, that the actions of
the person for which application is made constitute a likelihood of serious harm, or that he or she is gravely disabled,
and stating the specific facts known to him or her as a result
of his or her personal observation or investigation, upon
which he or she bases the belief that such person should be
detained for the purposes and under the authority of this
chapter.
If a person is involuntarily placed in an evaluation and
treatment facility pursuant to RCW 71.05.150, on the next
judicial day following the initial detention, the county designated mental health professional shall file with the court and
serve the designated attorney of the detained person the petition or supplemental petition for initial detention, proof of
service of notice, and a copy of a notice of emergency detention. [1998 c 297 § 9; 1997 c 112 § 10; 1974 ex.s. c 145 § 9;
1973 1st ex.s. c 142 § 21.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
(2004 Ed.)
Mental Illness
71.05.170 Acceptance of petition—Notice—Duty of
state hospital. Whenever the county designated mental
health professional petitions for detention of a person whose
actions constitute a likelihood of serious harm, or who is
gravely disabled, the facility providing seventy-two hour
evaluation and treatment must immediately accept on a provisional basis the petition and the person. The facility shall
then evaluate the person's condition and admit, detain, transfer, or discharge such person in accordance with RCW
71.05.210. The facility shall notify in writing the court and
the county designated mental health professional of the date
and time of the initial detention of each person involuntarily
detained in order that a probable cause hearing shall be held
no later than seventy-two hours after detention.
The duty of a state hospital to accept persons for evaluation and treatment under this section shall be limited by chapter 71.24 RCW. [2000 c 94 § 5; 1998 c 297 § 10; 1997 c 112
§ 11; 1989 c 205 § 10; 1974 ex.s. c 145 § 10; 1973 1st ex.s. c
142 § 22.]
71.05.170
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.180
71.05.180 Detention period for evaluation and treatment. If the evaluation and treatment facility admits the person, it may detain him or her for evaluation and treatment for
a period not to exceed seventy-two hours from the time of
acceptance as set forth in RCW 71.05.170. The computation
of such seventy-two hour period shall exclude Saturdays,
Sundays and holidays. [1997 c 112 § 12; 1979 ex.s. c 215 §
11; 1974 ex.s. c 145 § 11; 1973 1st ex.s. c 142 § 23.]
71.05.190 Persons not admitted—Transportation—
Detention of arrested person pending return to custody.
If the person is not approved for admission by a facility providing seventy-two hour evaluation and treatment, and the
individual has not been arrested, the facility shall furnish
transportation, if not otherwise available, for the person to his
or her place of residence or other appropriate place. If the
individual has been arrested, the evaluation and treatment
facility shall detain the individual for not more than eight
hours at the request of the peace officer in order to enable a
peace officer to return to the facility and take the individual
back into custody. [1997 c 112 § 13; 1979 ex.s. c 215 § 12;
1974 ex.s. c 145 § 12; 1973 1st ex.s. c 142 § 24.]
71.05.190
71.05.200
71.05.200 Notice and statement of rights—Probable
cause hearing. (1) Whenever any person is detained for
evaluation and treatment pursuant to this chapter, both the
person and, if possible, a responsible member of his or her
immediate family, guardian, or conservator, if any, shall be
advised as soon as possible in writing or orally, by the officer
or person taking him or her into custody or by personnel of
the evaluation and treatment facility where the person is
detained that unless the person is released or voluntarily
admits himself or herself for treatment within seventy-two
hours of the initial detention:
(a) That a judicial hearing in a superior court, either by a
judge or court commissioner thereof, shall be held not more
than seventy-two hours after the initial detention to determine
whether there is probable cause to detain the person after the
seventy-two hours have expired for up to an additional four(2004 Ed.)
71.05.210
teen days without further automatic hearing for the reason
that the person is a mentally ill person whose mental disorder
presents a likelihood of serious harm or that the person is
gravely disabled;
(b) That the person has a right to communicate immediately with an attorney; has a right to have an attorney
appointed to represent him or her before and at the probable
cause hearing if he or she is indigent; and has the right to be
told the name and address of the attorney the mental health
professional has designated pursuant to this chapter;
(c) That the person has the right to remain silent and that
any statement he or she makes may be used against him or
her;
(d) That the person has the right to present evidence and
to cross-examine witnesses who testify against him or her at
the probable cause hearing; and
(e) That the person has the right to refuse psychiatric
medications, including antipsychotic medication beginning
twenty-four hours prior to the probable cause hearing.
(2) When proceedings are initiated under RCW
71.05.150 (2), (3), or (4)(b), no later than twelve hours after
such person is admitted to the evaluation and treatment facility the personnel of the evaluation and treatment facility or
the county designated mental health professional shall serve
on such person a copy of the petition for initial detention and
the name, business address, and phone number of the designated attorney and shall forthwith commence service of a
copy of the petition for initial detention on the designated
attorney.
(3) The judicial hearing described in subsection (1) of
this section is hereby authorized, and shall be held according
to the provisions of subsection (1) of this section and rules
promulgated by the supreme court. [1998 c 297 § 11; 1997 c
112 § 14; 1989 c 120 § 5; 1974 ex.s. c 145 § 13; 1973 1st ex.s.
c 142 § 25.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.210
71.05.210 Evaluation—Treatment and care—
Release or other disposition. Each person involuntarily
detained and accepted or admitted at an evaluation and treatment facility shall, within twenty-four hours of his or her
admission or acceptance at the facility, be examined and
evaluated by a licensed physician who may be assisted by a
physician assistant according to chapter 18.71A RCW or an
advanced registered nurse practitioner according to chapter
18.79 RCW and a mental health professional, and shall
receive such treatment and care as his or her condition
requires including treatment on an outpatient basis for the
period that he or she is detained, except that, beginning
twenty-four hours prior to a trial or hearing pursuant to RCW
71.05.215, 71.05.240, 71.05.310, 71.05.320, 71.05.340, or
71.05.370, the individual may refuse psychiatric medications, but may not refuse: (1) Any other medication previously prescribed by a person licensed under Title 18 RCW; or
(2) emergency lifesaving treatment, and the individual shall
be informed at an appropriate time of his or her right of such
refusal. The person shall be detained up to seventy-two
hours, if, in the opinion of the professional person in charge
of the facility, or his or her professional designee, the person
presents a likelihood of serious harm, or is gravely disabled.
[Title 71 RCW—page 9]
71.05.212
Title 71 RCW: Mental Illness
A person who has been detained for seventy-two hours shall
no later than the end of such period be released, unless
referred for further care on a voluntary basis, or detained pursuant to court order for further treatment as provided in this
chapter.
If, after examination and evaluation, the licensed physician and mental health professional determine that the initial
needs of the person would be better served by placement in a
chemical dependency treatment facility, then the person shall
be referred to an approved treatment program defined under
RCW 70.96A.020.
An evaluation and treatment center admitting or accepting any person pursuant to this chapter whose physical condition reveals the need for hospitalization shall assure that such
person is transferred to an appropriate hospital for evaluation
or admission for treatment. Notice of such fact shall be given
to the court, the designated attorney, and the county designated mental health professional and the court shall order
such continuance in proceedings under this chapter as may be
necessary, but in no event may this continuance be more than
fourteen days. [2000 c 94 § 6; 1998 c 297 § 12; 1997 c 112 §
15; 1994 sp.s. c 9 § 747. Prior: 1991 c 364 § 11; 1991 c 105
§ 4; 1989 c 120 § 6; 1987 c 439 § 2; 1975 1st ex.s. c 199 § 4;
1974 ex.s. c 145 § 14; 1973 1st ex.s. c 142 § 26.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Findings—Construction—Conflict with federal requirements—
1991 c 364: See notes following RCW 70.96A.020.
Severability—1991 c 105: See note following RCW 71.05.215.
71.05.212
71.05.212 Evaluation—Consideration of information
and records. Whenever a county designated mental health
professional or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information and records regarding: (1) Prior
recommendations for evaluation of the need for civil commitments when the recommendation is made pursuant to an evaluation conducted under chapter 10.77 RCW; (2) history of
one or more violent acts; (3) prior determinations of incompetency or insanity under chapter 10.77 RCW; and (4) prior
commitments under this chapter.
In addition, when conducting an evaluation for offenders
identified under RCW 72.09.370, the county designated mental health professional or professional person shall consider
an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement. [1999 c 214 § 5; 1998 c 297 § 19.]
Intent—Effective date—1999 c 214: See notes following RCW
72.09.370.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
evaluation and commitment recommendations, of persons
who have, or are alleged to have, mental disorders and are
subject to this chapter.
The initial protocols shall be developed not later than
September 1, 1999. The department shall develop and update
the protocols in consultation with representatives of county
designated mental health professionals, local government,
law enforcement, county and city prosecutors, public defenders, and groups concerned with mental illness. The protocols
shall be submitted to the governor and legislature upon adoption by the department. [1998 c 297 § 26.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.215
71.05.215 Right to refuse antipsychotic medicine—
Rules. (1) A person found to be gravely disabled or presents
a likelihood of serious harm as a result of a mental disorder
has a right to refuse antipsychotic medication unless it is
determined that the failure to medicate may result in a likelihood of serious harm or substantial deterioration or substantially prolong the length of involuntary commitment and
there is no less intrusive course of treatment than medication
in the best interest of that person.
(2) The department shall adopt rules to carry out the purposes of this chapter. These rules shall include:
(a) An attempt to obtain the informed consent of the person prior to administration of antipsychotic medication.
(b) For short-term treatment up to thirty days, the right to
refuse antipsychotic medications unless there is an additional
concurring medical opinion approving medication.
(c) For continued treatment beyond thirty days through
the hearing on any petition filed under RCW 71.05.370(7),
the right to periodic review of the decision to medicate by the
medical director or designee.
(d) Administration of antipsychotic medication in an
emergency and review of this decision within twenty-four
hours. An emergency exists if the person presents an imminent likelihood of serious harm, and medically acceptable
alternatives to administration of antipsychotic medications
are not available or are unlikely to be successful; and in the
opinion of the physician, the person's condition constitutes an
emergency requiring the treatment be instituted prior to
obtaining a second medical opinion.
(e) Documentation in the medical record of the physician's attempt to obtain informed consent and the reasons
why antipsychotic medication is being administered over the
person's objection or lack of consent. [1997 c 112 § 16; 1991
c 105 § 1.]
Severability—1991 c 105: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1991 c 105 § 6.]
71.05.220
71.05.214
71.05.214 Protocols—Development—Submission to
governor and legislature. The department shall develop
statewide protocols to be utilized by professional persons and
county designated mental health professionals in administration of this chapter and chapter 10.77 RCW. The protocols
shall be updated at least every three years. The protocols shall
provide uniform development and application of criteria in
[Title 71 RCW—page 10]
71.05.220 Property of committed person. At the time
a person is involuntarily admitted to an evaluation and treatment facility, the professional person in charge or his or her
designee shall take reasonable precautions to inventory and
safeguard the personal property of the person detained. A
copy of the inventory, signed by the staff member making it,
shall be given to the person detained and shall, in addition, be
open to inspection to any responsible relative, subject to lim(2004 Ed.)
Mental Illness
itations, if any, specifically imposed by the detained person.
For purposes of this section, "responsible relative" includes
the guardian, conservator, attorney, spouse, parent, adult
child, or adult brother or sister of the person. The facility
shall not disclose the contents of the inventory to any other
person without the consent of the patient or order of the court.
[1997 c 112 § 17; 1973 1st ex.s. c 142 § 27.]
71.05.235
(9) If the hospital or facility designated to provide outpatient treatment is other than the facility providing involuntary
treatment, the outpatient facility so designated has agreed to
assume such responsibility. [1998 c 297 § 13; 1997 c 112 §
18; 1987 c 439 § 3; 1975 1st ex.s. c 199 § 5; 1974 ex.s. c 145
§ 15; 1973 1st ex.s. c 142 § 28.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.230
71.05.230 Procedures for additional treatment. A
person detained for seventy-two hour evaluation and treatment may be detained for not more than fourteen additional
days of involuntary intensive treatment or ninety additional
days of a less restrictive alternative to involuntary intensive
treatment if the following conditions are met:
(1) The professional staff of the agency or facility providing evaluation services has analyzed the person's condition and finds that the condition is caused by mental disorder
and either results in a likelihood of serious harm, or results in
the detained person being gravely disabled and are prepared
to testify those conditions are met; and
(2) The person has been advised of the need for voluntary treatment and the professional staff of the facility has
evidence that he or she has not in good faith volunteered; and
(3) The facility providing intensive treatment is certified
to provide such treatment by the department; and
(4) The professional staff of the agency or facility or the
county designated mental health professional has filed a petition for fourteen day involuntary detention or a ninety day
less restrictive alternative with the court. The petition must be
signed either by two physicians or by one physician and a
mental health professional who have examined the person. If
involuntary detention is sought the petition shall state facts
that support the finding that such person, as a result of mental
disorder, presents a likelihood of serious harm, or is gravely
disabled and that there are no less restrictive alternatives to
detention in the best interest of such person or others. The
petition shall state specifically that less restrictive alternative
treatment was considered and specify why treatment less
restrictive than detention is not appropriate. If an involuntary
less restrictive alternative is sought, the petition shall state
facts that support the finding that such person, as a result of
mental disorder, presents a likelihood of serious harm, or is
gravely disabled and shall set forth the less restrictive alternative proposed by the facility; and
(5) A copy of the petition has been served on the
detained person, his or her attorney and his or her guardian or
conservator, if any, prior to the probable cause hearing; and
(6) The court at the time the petition was filed and before
the probable cause hearing has appointed counsel to represent
such person if no other counsel has appeared; and
(7) The court has ordered a fourteen day involuntary
intensive treatment or a ninety day less restrictive alternative
treatment after a probable cause hearing has been held pursuant to RCW 71.05.240; and
(8) At the conclusion of the initial commitment period,
the professional staff of the agency or facility or the county
designated mental health professional may petition for an
additional period of either ninety days of less restrictive alternative treatment or ninety days of involuntary intensive treatment as provided in RCW 71.05.290; and
(2004 Ed.)
71.05.232
71.05.232 Discharge reviews—Consultations, notifications required. (1) When a state hospital admits a person
for evaluation or treatment under this chapter who has a history of one or more violent acts and:
(a) Has been transferred from a correctional facility; or
(b) Is or has been under the authority of the department
of corrections or the indeterminate sentence review board,
the state hospital shall consult with the appropriate corrections and chemical dependency personnel and the appropriate
forensic staff at the state hospital to conduct a discharge
review to determine whether the person presents a likelihood
of serious harm and whether the person is appropriate for
release to a less restrictive alternative.
(2) When a state hospital returns a person who was
reviewed under subsection (1) of this section to a correctional
facility, the hospital shall notify the correctional facility that
the person was subject to a discharge review pursuant to this
section. [2004 c 166 § 18.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
71.05.235
71.05.235 Examination, evaluation of criminal defendant—Hearing. (1) If an individual is referred to a county
designated mental health professional under RCW
10.77.090(1)(d)(iii)(A), the county designated mental health
professional shall examine the individual within forty-eight
hours. If the county designated mental health professional
determines it is not appropriate to detain the individual or
petition for a ninety-day less restrictive alternative under
RCW 71.05.230(4), that decision shall be immediately presented to the superior court for hearing. The court shall hold
a hearing to consider the decision of the county designated
mental health professional not later than the next judicial day.
At the hearing the superior court shall review the determination of the county designated mental health professional and
determine whether an order should be entered requiring the
person to be evaluated at an evaluation and treatment facility.
No person referred to an evaluation and treatment facility
may be held at the facility longer than seventy-two hours.
(2) If an individual is placed in an evaluation and treatment facility under RCW 10.77.090(1)(d)(iii)(B), a professional person shall evaluate the individual for purposes of
determining whether to file a ninety-day inpatient or outpatient petition under chapter 71.05 RCW. Before expiration of
the seventy-two hour evaluation period authorized under
RCW 10.77.090(1)(d)(iii)(B), the professional person shall
file a petition or, if the recommendation of the professional
person is to release the individual, present his or her recommendation to the superior court of the county in which the
criminal charge was dismissed. The superior court shall
review the recommendation not later than forty-eight hours,
excluding Saturdays, Sundays, and holidays, after the recom[Title 71 RCW—page 11]
71.05.237
Title 71 RCW: Mental Illness
mendation is presented. If the court rejects the recommendation to unconditionally release the individual, the court may
order the individual detained at a designated evaluation and
treatment facility for not more than a seventy-two hour evaluation and treatment period and direct the individual to
appear at a surety hearing before that court within seventytwo hours, or the court may release the individual but direct
the individual to appear at a surety hearing set before that
court within eleven days, at which time the prosecutor may
file a petition under this chapter for ninety-day inpatient or
outpatient treatment. If a petition is filed by the prosecutor,
the court may order that the person named in the petition be
detained at the evaluation and treatment facility that performed the evaluation under this subsection or order the
respondent to be in outpatient treatment. If a petition is filed
but the individual fails to appear in court for the surety hearing, the court shall order that a mental health professional or
peace officer shall take such person or cause such person to
be taken into custody and placed in an evaluation and treatment facility to be brought before the court the next judicial
day after detention. Upon the individual's first appearance in
court after a petition has been filed, proceedings under RCW
71.05.310 and 71.05.320 shall commence. For an individual
subject to this subsection, the prosecutor or professional person may directly file a petition for ninety-day inpatient or
outpatient treatment and no petition for initial detention or
fourteen-day detention is required before such a petition may
be filed.
The court shall conduct the hearing on the petition filed
under this subsection within five judicial days of the date the
petition is filed. The court may continue the hearing upon the
written request of the person named in the petition or the person's attorney, for good cause shown, which continuance
shall not exceed five additional judicial days. If the person
named in the petition requests a jury trial, the trial shall commence within ten judicial days of the date of the filing of the
petition. The burden of proof shall be by clear, cogent, and
convincing evidence and shall be upon the petitioner. The
person shall be present at such proceeding, which shall in all
respects accord with the constitutional guarantees of due process of law and the rules of evidence pursuant to RCW
71.05.250.
During the proceeding the person named in the petition
shall continue to be detained and treated until released by
order of the court. If no order has been made within thirty
days after the filing of the petition, not including any extensions of time requested by the detained person or his or her
attorney, the detained person shall be released.
(3) If a county designated mental health professional or
the professional person and prosecuting attorney for the
county in which the criminal charge was dismissed or attorney general, as appropriate, stipulate that the individual does
not present a likelihood of serious harm or is not gravely disabled, the hearing under this section is not required and the
individual, if in custody, shall be released.
(4) The individual shall have the rights specified in RCW
71.05.250. [2000 c 74 § 6; 1999 c 11 § 1; 1998 c 297 § 18.]
Severability—2000 c 74: See note following RCW 10.77.060.
Effective date—1999 c 11: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect March 1, 1999,
[Title 71 RCW—page 12]
or upon approval by the governor, whichever occurs later [April 15, 1999]."
[1999 c 11 § 2.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.237
71.05.237 Judicial proceedings—Court to enter findings when recommendations of professional person not
followed. In any judicial proceeding in which a professional
person has made a recommendation regarding whether an
individual should be committed for treatment under this
chapter, and the court does not follow the recommendation,
the court shall enter findings that state with particularity its
reasoning, including a finding whether the state met its burden of proof in showing whether the person presents a likelihood of serious harm. [1998 c 297 § 25.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.240
71.05.240 Petition for involuntary treatment or alternative treatment—Probable cause hearing. If a petition is
filed for fourteen day involuntary treatment or ninety days of
less restrictive alternative treatment, the court shall hold a
probable cause hearing within seventy-two hours of the initial detention of such person as determined in RCW
71.05.180. If requested by the detained person or his or her
attorney, the hearing may be postponed for a period not to
exceed forty-eight hours. The hearing may also be continued
subject to the conditions set forth in RCW 71.05.210 or subject to the petitioner's showing of good cause for a period not
to exceed twenty-four hours.
At the conclusion of the probable cause hearing, if the
court finds by a preponderance of the evidence that such person, as the result of mental disorder, presents a likelihood of
serious harm, or is gravely disabled, and, after considering
less restrictive alternatives to involuntary detention and treatment, finds that no such alternatives are in the best interests
of such person or others, the court shall order that such person
be detained for involuntary treatment not to exceed fourteen
days in a facility certified to provide treatment by the department. If the court finds that such person, as the result of a
mental disorder, presents a likelihood of serious harm, or is
gravely disabled, but that treatment in a less restrictive setting
than detention is in the best interest of such person or others,
the court shall order an appropriate less restrictive course of
treatment for not to exceed ninety days.
The court shall specifically state to such person and give
such person notice in writing that if involuntary treatment
beyond the fourteen day period or beyond the ninety days of
less restrictive treatment is to be sought, such person will
have the right to a full hearing or jury trial as required by
RCW 71.05.310. The court shall also provide written notice
that the person is barred from the possession of firearms.
[1997 c 112 § 19; 1992 c 168 § 3; 1987 c 439 § 5; 1979 ex.s.
c 215 § 13; 1974 ex.s. c 145 § 16; 1973 1st ex.s. c 142 § 29.]
Severability—1992 c 168: See note following RCW 9.41.070.
71.05.245
71.05.245 Determination of likelihood of serious
harm—Use of recent history evidence. In making a determination of whether there is a likelihood of serious harm in a
hearing conducted under RCW 71.05.240 or 71.05.320, the
court shall give great weight to any evidence before the court
(2004 Ed.)
Mental Illness
regarding whether the person has: (1) A recent history of one
or more violent acts; or (2) a recent history of one or more
commitments under this chapter or its equivalent provisions
under the laws of another state which were based on a likelihood of serious harm. The existence of prior violent acts or
commitments under this chapter or its equivalent shall not be
the sole basis for determining whether a person presents a
likelihood of serious harm.
For the purposes of this section "recent" refers to the
period of time not exceeding three years prior to the current
hearing. [1999 c 13 § 6; 1998 c 297 § 14.]
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.285
(2) A person who has been detained for fourteen days of
intensive treatment shall be released at the end of the fourteen
days unless one of the following applies: (a) Such person
agrees to receive further treatment on a voluntary basis; or (b)
such person is a patient to whom RCW 71.05.280 is applicable. [1997 c 112 § 20; 1987 c 439 § 7; 1974 ex.s. c 145 § 18;
1973 1st ex.s. c 142 § 31.]
71.05.270
71.05.270 Temporary release. Nothing in this chapter
shall prohibit the professional person in charge of a treatment
facility, or his or her professional designee, from permitting a
person detained for intensive treatment to leave the facility
for prescribed periods during the term of the person's detention, under such conditions as may be appropriate. [1997 c
112 § 21; 1973 1st ex.s. c 142 § 32.]
71.05.250
71.05.250 Probable cause hearing—Detained person's rights—Waiver of privilege—Limitation—Records
as evidence. At the probable cause hearing the detained person shall have the following rights in addition to the rights
previously specified:
(1) To present evidence on his or her behalf;
(2) To cross-examine witnesses who testify against him
or her;
(3) To be proceeded against by the rules of evidence;
(4) To remain silent;
(5) To view and copy all petitions and reports in the court
file.
The physician-patient privilege or the psychologist-client privilege shall be deemed waived in proceedings under
this chapter relating to the administration of antipsychotic
medications. As to other proceedings under this chapter, the
privileges shall be waived when a court of competent jurisdiction in its discretion determines that such waiver is necessary to protect either the detained person or the public.
The waiver of a privilege under this section is limited to
records or testimony relevant to evaluation of the detained
person for purposes of a proceeding under this chapter. Upon
motion by the detained person or on its own motion, the court
shall examine a record or testimony sought by a petitioner to
determine whether it is within the scope of the waiver.
The record maker shall not be required to testify in order
to introduce medical or psychological records of the detained
person so long as the requirements of RCW 5.45.020 are met
except that portions of the record which contains opinions as
to the detained person's mental state must be deleted from
such records unless the person making such conclusions is
available for cross-examination. [1989 c 120 § 7; 1987 c 439
§ 6; 1974 ex.s. c 145 § 17; 1973 1st ex.s. c 142 § 30.]
71.05.260
71.05.260 Release from involuntary intensive treatment—Exception. (1) Involuntary intensive treatment
ordered at the time of the probable cause hearing shall be for
no more than fourteen days, and shall terminate sooner when,
in the opinion of the professional person in charge of the
facility or his or her professional designee, (a) the person no
longer constitutes a likelihood of serious harm, or (b) no
longer is gravely disabled, or (c) is prepared to accept voluntary treatment upon referral, or (d) is to remain in the facility
providing intensive treatment on a voluntary basis.
(2004 Ed.)
71.05.280
71.05.280 Additional confinement—Grounds. At the
expiration of the fourteen-day period of intensive treatment, a
person may be confined for further treatment pursuant to
RCW 71.05.320 if:
(1) Such person after having been taken into custody for
evaluation and treatment has threatened, attempted, or
inflicted: (a) Physical harm upon the person of another or
himself or herself, or substantial damage upon the property of
another, and (b) as a result of mental disorder presents a likelihood of serious harm; or
(2) Such person was taken into custody as a result of conduct in which he or she attempted or inflicted physical harm
upon the person of another or himself or herself, or substantial damage upon the property of others, and continues to
present, as a result of mental disorder, a likelihood of serious
harm; or
(3) Such person has been determined to be incompetent
and criminal charges have been dismissed pursuant to RCW
10.77.090 (4), and has committed acts constituting a felony,
and as a result of a mental disorder, presents a substantial
likelihood of repeating similar acts. In any proceeding pursuant to this subsection it shall not be necessary to show intent,
willfulness, or state of mind as an element of the crime; or
(4) Such person is gravely disabled. [1998 c 297 § 15;
1997 c 112 § 22; 1986 c 67 § 3; 1979 ex.s. c 215 § 14; 1974
ex.s. c 145 § 19; 1973 1st ex.s. c 142 § 33.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.285
71.05.285 Additional confinement—Prior history
evidence. In determining whether an inpatient or less restrictive alternative commitment under the process provided in
RCW 71.05.280 and 71.05.320(2) is appropriate, great
weight shall be given to evidence of a prior history or pattern
of decompensation and discontinuation of treatment resulting
in: (1) Repeated hospitalizations; or (2) repeated peace
officer interventions resulting in juvenile offenses, criminal
charges, diversion programs, or jail admissions. Such evidence may be used to provide a factual basis for concluding
that the individual would not receive, if released, such care as
is essential for his or her health or safety. [2001 c 12 § 1;
1997 c 112 § 23.]
[Title 71 RCW—page 13]
71.05.290
Title 71 RCW: Mental Illness
71.05.290
71.05.290 Petition for additional confinement—Affidavit. (1) At any time during a person's fourteen day intensive treatment period, the professional person in charge of a
treatment facility or his or her professional designee or the
county designated mental health professional may petition
the superior court for an order requiring such person to
undergo an additional period of treatment. Such petition must
be based on one or more of the grounds set forth in RCW
71.05.280.
(2) The petition shall summarize the facts which support
the need for further confinement and shall be supported by
affidavits signed by two examining physicians, or by one
examining physician and examining mental health professional. The affidavits shall describe in detail the behavior of
the detained person which supports the petition and shall
explain what, if any, less restrictive treatments which are
alternatives to detention are available to such person, and
shall state the willingness of the affiant to testify to such facts
in subsequent judicial proceedings under this chapter.
(3) If a person has been determined to be incompetent
pursuant to RCW 10.77.090(4), then the professional person
in charge of the treatment facility or his or her professional
designee or the county designated mental health professional
may directly file a petition for one hundred eighty day treatment under RCW 71.05.280(3). No petition for initial detention or fourteen day detention is required before such a petition may be filed. [1998 c 297 § 16; 1997 c 112 § 24; 1986 c
67 § 4; 1975 1st ex.s. c 199 § 6; 1974 ex.s. c 145 § 20; 1973
1st ex.s. c 142 § 34.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.300
71.05.300 Filing of petition—Appearance—Notice—
Advice as to rights—Appointment of representative. The
petition for ninety day treatment shall be filed with the clerk
of the superior court at least three days before expiration of
the fourteen-day period of intensive treatment. At the time of
filing such petition, the clerk shall set a time for the person to
come before the court on the next judicial day after the day of
filing unless such appearance is waived by the person's attorney, and the clerk shall notify the county designated mental
health professional. The county designated mental health
professional shall immediately notify the person detained, his
or her attorney, if any, and his or her guardian or conservator,
if any, and the prosecuting attorney, and provide a copy of the
petition to such persons as soon as possible.
At the time set for appearance the detained person shall
be brought before the court, unless such appearance has been
waived and the court shall advise him or her of his or her right
to be represented by an attorney and of his or her right to a
jury trial. If the detained person is not represented by an attorney, or is indigent or is unwilling to retain an attorney, the
court shall immediately appoint an attorney to represent him
or her. The court shall, if requested, appoint a reasonably
available licensed physician, psychologist, or psychiatrist,
designated by the detained person to examine and testify on
behalf of the detained person.
The court may, if requested, also appoint a professional
person as defined in RCW 71.05.020 to seek less restrictive
alternative courses of treatment and to testify on behalf of the
detained person. In the case of a developmentally disabled
[Title 71 RCW—page 14]
person who has been determined to be incompetent pursuant
to RCW 10.77.090(4), then the appointed professional person
under this section shall be a developmental disabilities professional.
The court shall also set a date for a full hearing on the
petition as provided in RCW 71.05.310. [1998 c 297 § 17;
1997 c 112 § 25; 1989 c 420 § 14; 1987 c 439 § 8; 1975 1st
ex.s. c 199 § 7; 1974 ex.s. c 145 § 21; 1973 1st ex.s. c 142 §
35.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.310
71.05.310 Time for hearing—Due process—Jury
trial—Continuation of treatment. The court shall conduct
a hearing on the petition for ninety day treatment within five
judicial days of the first court appearance after the probable
cause hearing. The court may continue the hearing upon the
written request of the person named in the petition or the person's attorney, for good cause shown, which continuance
shall not exceed five additional judicial days. If the person
named in the petition requests a jury trial, the trial shall commence within ten judicial days of the first court appearance
after the probable cause hearing. The burden of proof shall be
by clear, cogent, and convincing evidence and shall be upon
the petitioner. The person shall be present at such proceeding,
which shall in all respects accord with the constitutional
guarantees of due process of law and the rules of evidence
pursuant to RCW 71.05.250.
During the proceeding, the person named in the petition
shall continue to be treated until released by order of the
superior court. If no order has been made within thirty days
after the filing of the petition, not including extensions of
time requested by the detained person or his or her attorney,
the detained person shall be released. [1987 c 439 § 9; 1975
1st ex.s. c 199 § 8; 1974 ex.s. c 145 § 22; 1973 1st ex.s. c 142
§ 36.]
71.05.320 Remand for additional treatment—Duration—Developmentally disabled—Grounds—Hearing.
(1) If the court or jury finds that grounds set forth in RCW
71.05.280 have been proven and that the best interests of the
person or others will not be served by a less restrictive treatment which is an alternative to detention, the court shall
remand him or her to the custody of the department or to a
facility certified for ninety day treatment by the department
for a further period of intensive treatment not to exceed
ninety days from the date of judgment: PROVIDED, That if
the grounds set forth in RCW 71.05.280(3) are the basis of
commitment, then the period of treatment may be up to but
not exceed one hundred eighty days from the date of judgment in a facility certified for one hundred eighty day treatment by the department. If the committed person is developmentally disabled and has been determined incompetent pursuant to RCW 10.77.090(4), and the best interests of the
person or others will not be served by a less-restrictive treatment which is an alternative to detention, the court shall
remand him or her to the custody of the department or to a
facility certified for one hundred eighty-day treatment by the
department. When appropriate and subject to available funds,
treatment and training of such persons must be provided in a
program specifically reserved for the treatment and training
71.05.320
(2004 Ed.)
Mental Illness
of developmentally disabled persons. A person so committed
shall receive habilitation services pursuant to an individualized service plan specifically developed to treat the behavior
which was the subject of the criminal proceedings. The treatment program shall be administered by developmental disabilities professionals and others trained specifically in the
needs of developmentally disabled persons. The department
may limit admissions to this specialized program in order to
ensure that expenditures for services do not exceed amounts
appropriated by the legislature and allocated by the department for such services. The department may establish admission priorities in the event that the number of eligible persons
exceeds the limits set by the department. An order for treatment less restrictive than involuntary detention may include
conditions, and if such conditions are not adhered to, the designated mental health professional or developmental disabilities professional may order the person apprehended under
the terms and conditions of RCW 71.05.340.
If the court or jury finds that grounds set forth in RCW
71.05.280 have been proven, but finds that treatment less
restrictive than detention will be in the best interest of the
person or others, then the court shall remand him or her to the
custody of the department or to a facility certified for ninety
day treatment by the department or to a less restrictive alternative for a further period of less restrictive treatment not to
exceed ninety days from the date of judgment: PROVIDED,
That if the grounds set forth in RCW 71.05.280(3) are the
basis of commitment, then the period of treatment may be up
to but not exceed one hundred eighty days from the date of
judgment.
(2) The person shall be released from involuntary treatment at the expiration of the period of commitment imposed
under subsection (1) of this section unless the superintendent
or professional person in charge of the facility in which he or
she is confined, or in the event of a less restrictive alternative,
the designated mental health professional or developmental
disabilities professional, files a new petition for involuntary
treatment on the grounds that the committed person;
(a) During the current period of court ordered treatment:
(i) Has threatened, attempted, or inflicted physical harm upon
the person of another, or substantial damage upon the property of another, and (ii) as a result of mental disorder or
developmental disability presents a likelihood of serious
harm; or
(b) Was taken into custody as a result of conduct in
which he or she attempted or inflicted serious physical harm
upon the person of another, and continues to present, as a
result of mental disorder or developmental disability a likelihood of serious harm; or
(c) Is in custody pursuant to RCW 71.05.280(3) and as a
result of mental disorder or developmental disability presents
a substantial likelihood of repeating similar acts considering
the charged criminal behavior, life history, progress in treatment, and the public safety; or
(d) Continues to be gravely disabled.
If the conduct required to be proven in (b) and (c) of this
subsection was found by a judge or jury in a prior trial under
this chapter, it shall not be necessary to reprove that element.
Such new petition for involuntary treatment shall be filed and
heard in the superior court of the county of the facility which
is filing the new petition for involuntary treatment unless
(2004 Ed.)
71.05.325
good cause is shown for a change of venue. The cost of the
proceedings shall be borne by the state.
The hearing shall be held as provided in RCW
71.05.310, and if the court or jury finds that the grounds for
additional confinement as set forth in this subsection are
present, the court may order the committed person returned
for an additional period of treatment not to exceed one hundred eighty days from the date of judgment. At the end of the
one hundred eighty day period of commitment, the committed person shall be released unless a petition for another one
hundred eighty day period of continued treatment is filed and
heard in the same manner as provided in this subsection. Successive one hundred eighty day commitments are permissible
on the same grounds and pursuant to the same procedures as
the original one hundred eighty day commitment.
(3) No person committed as provided in this section may
be detained unless a valid order of commitment is in effect.
No order of commitment can exceed one hundred eighty days
in length. [1999 c 13 § 7; 1997 c 112 § 26; 1989 c 420 § 15;
1986 c 67 § 5; 1979 ex.s. c 215 § 15; 1975 1st ex.s. c 199 § 9;
1974 ex.s. c 145 § 23; 1973 1st ex.s. c 142 § 37.]
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
71.05.325
71.05.325 Release—Authorized leave—Notice to
prosecuting attorney. (1) Before a person committed under
grounds set forth in RCW 71.05.280(3) is released because a
new petition for involuntary treatment has not been filed
under RCW 71.05.320(2), the superintendent, professional
person, or designated mental health professional responsible
for the decision whether to file a new petition shall in writing
notify the prosecuting attorney of the county in which the
criminal charges against the committed person were dismissed, of the decision not to file a new petition for involuntary treatment. Notice shall be provided at least forty-five
days before the period of commitment expires.
(2)(a) Before a person committed under grounds set forth
in RCW 71.05.280(3) is permitted temporarily to leave a
treatment facility pursuant to RCW 71.05.270 for any period
of time without constant accompaniment by facility staff, the
superintendent, professional person in charge of a treatment
facility, or his or her professional designee shall in writing
notify the prosecuting attorney of any county of the person's
destination and the prosecuting attorney of the county in
which the criminal charges against the committed person
were dismissed. The notice shall be provided at least fortyfive days before the anticipated leave and shall describe the
conditions under which the leave is to occur.
(b) The provisions of RCW 71.05.330(2) apply to proposed leaves, and either or both prosecuting attorneys receiving notice under this subsection may petition the court under
RCW 71.05.330(2).
(3) Nothing in this section shall be construed to authorize
detention of a person unless a valid order of commitment is in
effect.
(4) The existence of the notice requirements in this section will not require any extension of the leave date in the
event the leave plan changes after notification.
(5) The notice requirements contained in this section
shall not apply to emergency medical transfers.
[Title 71 RCW—page 15]
71.05.330
Title 71 RCW: Mental Illness
(6) The notice provisions of this section are in addition to
those provided in RCW 71.05.425. [2000 c 94 § 7; 1994 c
129 § 8; 1990 c 3 § 111; 1989 c 401 § 1; 1986 c 67 § 2.]
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
71.05.330
71.05.330 Early release—Notice to court and prosecuting attorney—Petition for hearing. (1) Nothing in this
chapter shall prohibit the superintendent or professional person in charge of the hospital or facility in which the person is
being involuntarily treated from releasing him or her prior to
the expiration of the commitment period when, in the opinion
of the superintendent or professional person in charge, the
person being involuntarily treated no longer presents a likelihood of serious harm.
Whenever the superintendent or professional person in
charge of a hospital or facility providing involuntary treatment pursuant to this chapter releases a person prior to the
expiration of the period of commitment, the superintendent or
professional person in charge shall in writing notify the court
which committed the person for treatment.
(2) Before a person committed under grounds set forth in
RCW 71.05.280(3) or 71.05.320(2)(c) is released under this
section, the superintendent or professional person in charge
shall in writing notify the prosecuting attorney of the county
in which the criminal charges against the committed person
were dismissed, of the release date. Notice shall be provided
at least thirty days before the release date. Within twenty
days after receiving notice, the prosecuting attorney may
petition the court in the county in which the person is being
involuntarily treated for a hearing to determine whether the
person is to be released. The prosecuting attorney shall provide a copy of the petition to the superintendent or professional person in charge of the hospital or facility providing
involuntary treatment, the attorney, if any, and the guardian
or conservator of the committed person. The court shall conduct a hearing on the petition within ten days of filing the
petition. The committed person shall have the same rights
with respect to notice, hearing, and counsel as for an involuntary treatment proceeding, except as set forth in this subsection and except that there shall be no right to jury trial. The
issue to be determined at the hearing is whether or not the
person may be released without substantial danger to other
persons, or substantial likelihood of committing criminal acts
jeopardizing public safety or security. If the court disapproves of the release, it may do so only on the basis of substantial evidence. Pursuant to the determination of the court
upon the hearing, the committed person shall be released or
shall be returned for involuntary treatment subject to release
at the end of the period for which he or she was committed, or
otherwise in accordance with the provisions of this chapter.
[1998 c 297 § 20; 1997 c 112 § 27; 1986 c 67 § 1; 1973 1st
ex.s. c 142 § 38.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.335
71.05.335 Modification of order for inpatient treatment—Intervention by prosecuting attorney. In any proceeding under this chapter to modify a commitment order of
a person committed to inpatient treatment under grounds set
[Title 71 RCW—page 16]
forth in RCW 71.05.280(3) or 71.05.320(2)(c) in which the
requested relief includes treatment less restrictive than detention, the prosecuting attorney shall be entitled to intervene.
The party initiating the motion to modify the commitment
order shall serve the prosecuting attorney of the county in
which the criminal charges against the committed person
were dismissed with written notice and copies of the initiating papers. [1986 c 67 § 7.]
71.05.340
71.05.340 Outpatient treatment or care—Conditional release—Procedures for revocation. (1)(a) When, in
the opinion of the superintendent or the professional person
in charge of the hospital or facility providing involuntary
treatment, the committed person can be appropriately served
by outpatient treatment prior to or at the expiration of the
period of commitment, then such outpatient care may be
required as a term of conditional release for a period which,
when added to the inpatient treatment period, shall not
exceed the period of commitment. If the hospital or facility
designated to provide outpatient treatment is other than the
facility providing involuntary treatment, the outpatient facility so designated must agree in writing to assume such
responsibility. A copy of the terms of conditional release
shall be given to the patient, the county designated mental
health professional in the county in which the patient is to
receive outpatient treatment, and to the court of original commitment.
(b) Before a person committed under grounds set forth in
RCW 71.05.280(3) or 71.05.320(2)(c) is conditionally
released under (a) of this subsection, the superintendent or
professional person in charge of the hospital or facility providing involuntary treatment shall in writing notify the prosecuting attorney of the county in which the criminal charges
against the committed person were dismissed, of the decision
to conditionally release the person. Notice and a copy of the
terms of conditional release shall be provided at least thirty
days before the person is released from inpatient care. Within
twenty days after receiving notice, the prosecuting attorney
may petition the court in the county that issued the commitment order to hold a hearing to determine whether the person
may be conditionally released and the terms of the conditional release. The prosecuting attorney shall provide a copy
of the petition to the superintendent or professional person in
charge of the hospital or facility providing involuntary treatment, the attorney, if any, and guardian or conservator of the
committed person, and the court of original commitment. If
the county in which the committed person is to receive outpatient treatment is the same county in which the criminal
charges against the committed person were dismissed, then
the court shall, upon the motion of the prosecuting attorney,
transfer the proceeding to the court in that county. The court
shall conduct a hearing on the petition within ten days of the
filing of the petition. The committed person shall have the
same rights with respect to notice, hearing, and counsel as for
an involuntary treatment proceeding, except as set forth in
this subsection and except that there shall be no right to jury
trial. The issue to be determined at the hearing is whether or
not the person may be conditionally released without substantial danger to other persons, or substantial likelihood of
committing criminal acts jeopardizing public safety or security. If the court disapproves of the conditional release, it may
(2004 Ed.)
Mental Illness
do so only on the basis of substantial evidence. Pursuant to
the determination of the court upon the hearing, the conditional release of the person shall be approved by the court on
the same or modified conditions or the person shall be
returned for involuntary treatment on an inpatient basis subject to release at the end of the period for which he or she was
committed, or otherwise in accordance with the provisions of
this chapter.
(2) The hospital or facility designated to provide outpatient care or the secretary may modify the conditions for continued release when such modification is in the best interest
of the person. Notification of such changes shall be sent to all
persons receiving a copy of the original conditions.
(3)(a) If the hospital or facility designated to provide outpatient care, the county designated mental health professional, or the secretary determines that:
(i) A conditionally released person is failing to adhere to
the terms and conditions of his or her release;
(ii) Substantial deterioration in a conditionally released
person's functioning has occurred;
(iii) There is evidence of substantial decompensation
with a reasonable probability that the decompensation can be
reversed by further inpatient treatment; or
(iv) The person poses a likelihood of serious harm.
Upon notification by the hospital or facility designated to
provide outpatient care, or on his or her own motion, the
county designated mental health professional or the secretary
may order that the conditionally released person be apprehended and taken into custody and temporarily detained in an
evaluation and treatment facility in or near the county in
which he or she is receiving outpatient treatment.
(b) The hospital or facility designated to provide outpatient treatment shall notify the secretary or county designated
mental health professional when a conditionally released person fails to adhere to terms and conditions of his or her conditional release or experiences substantial deterioration in his
or her condition and, as a result, presents an increased likelihood of serious harm. The county designated mental health
professional or secretary shall order the person apprehended
and temporarily detained in an evaluation and treatment facility in or near the county in which he or she is receiving outpatient treatment.
(c) A person detained under this subsection (3) shall be
held until such time, not exceeding five days, as a hearing can
be scheduled to determine whether or not the person should
be returned to the hospital or facility from which he or she
had been conditionally released. The county designated mental health professional or the secretary may modify or rescind
such order at any time prior to commencement of the court
hearing.
(d) The court that originally ordered commitment shall
be notified within two judicial days of a person's detention
under the provisions of this section, and the county designated mental health professional or the secretary shall file his
or her petition and order of apprehension and detention with
the court and serve them upon the person detained. His or her
attorney, if any, and his or her guardian or conservator, if any,
shall receive a copy of such papers as soon as possible. Such
person shall have the same rights with respect to notice, hearing, and counsel as for an involuntary treatment proceeding,
except as specifically set forth in this section and except that
(2004 Ed.)
71.05.350
there shall be no right to jury trial. The issues to be determined shall be: (i) Whether the conditionally released person
did or did not adhere to the terms and conditions of his or her
conditional release; (ii) that substantial deterioration in the
person's functioning has occurred; (iii) there is evidence of
substantial decompensation with a reasonable probability
that the decompensation can be reversed by further inpatient
treatment; or (iv) there is a likelihood of serious harm; and, if
any of the conditions listed in this subsection (3)(d) have
occurred, whether the terms of conditional release should be
modified or the person should be returned to the facility.
(e) Pursuant to the determination of the court upon such
hearing, the conditionally released person shall either continue to be conditionally released on the same or modified
conditions or shall be returned for involuntary treatment on
an inpatient basis subject to release at the end of the period
for which he or she was committed for involuntary treatment,
or otherwise in accordance with the provisions of this chapter. Such hearing may be waived by the person and his or her
counsel and his or her guardian or conservator, if any, but
shall not be waivable unless all such persons agree to waive,
and upon such waiver the person may be returned for involuntary treatment or continued on conditional release on the
same or modified conditions.
(4) The proceedings set forth in subsection (3) of this
section may be initiated by the county designated mental
health professional or the secretary on the same basis set forth
therein without requiring or ordering the apprehension and
detention of the conditionally released person, in which case
the court hearing shall take place in not less than five days
from the date of service of the petition upon the conditionally
released person.
Upon expiration of the period of commitment, or when
the person is released from outpatient care, notice in writing
to the court which committed the person for treatment shall
be provided.
(5) The grounds and procedures for revocation of less
restrictive alternative treatment shall be the same as those set
forth in this section for conditional releases.
(6) In the event of a revocation of a conditional release,
the subsequent treatment period may be for no longer than the
actual period authorized in the original court order. [2000 c
94 § 8; 1998 c 297 § 21; 1997 c 112 § 28; 1987 c 439 § 10;
1986 c 67 § 6; 1979 ex.s. c 215 § 16; 1974 ex.s. c 145 § 24;
1973 1st ex.s. c 142 § 39.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.350
71.05.350 Assistance to released persons. No indigent
patient shall be conditionally released or discharged from
involuntary treatment without suitable clothing, and the
superintendent of a state hospital shall furnish the same,
together with such sum of money as he or she deems necessary for the immediate welfare of the patient. Such sum of
money shall be the same as the amount required by RCW
72.02.100 to be provided to persons in need being released
from correctional institutions. As funds are available, the secretary may provide payment to indigent persons conditionally
released pursuant to this chapter consistent with the optional
provisions of RCW 72.02.100 and 72.02.110, and may adopt
[Title 71 RCW—page 17]
71.05.360
Title 71 RCW: Mental Illness
rules and regulations to do so. [1997 c 112 § 29; 1973 1st
ex.s. c 142 § 40.]
71.05.360
71.05.360 Rights of involuntarily detained persons.
(1) Every person involuntarily detained or committed under
the provisions of this chapter shall be entitled to all the rights
set forth in this chapter and shall retain all rights not denied
him or her under this chapter.
(2) Each person involuntarily detained or committed
pursuant to this chapter shall have the right to adequate care
and individualized treatment. [1997 c 112 § 30; 1974 ex.s. c
145 § 25; 1973 1st ex.s. c 142 § 41.]
71.05.370
71.05.370 Rights—Posting of list. Insofar as danger to
the individual or others is not created, each person involuntarily detained, treated in a less restrictive alternative course
of treatment, or committed for treatment and evaluation pursuant to this chapter shall have, in addition to other rights not
specifically withheld by law, the following rights, a list of
which shall be prominently posted in all facilities, institutions, and hospitals providing such services:
(1) To wear his or her own clothes and to keep and use
his or her own personal possessions, except when deprivation
of same is essential to protect the safety of the resident or
other persons;
(2) To keep and be allowed to spend a reasonable sum of
his or her own money for canteen expenses and small purchases;
(3) To have access to individual storage space for his or
her private use;
(4) To have visitors at reasonable times;
(5) To have reasonable access to a telephone, both to
make and receive confidential calls;
(6) To have ready access to letter writing materials,
including stamps, and to send and receive uncensored correspondence through the mails;
(7) Not to consent to the administration of antipsychotic
medications beyond the hearing conducted pursuant to RCW
71.05.320(2) or the performance of electroconvulsant therapy or surgery, except emergency life-saving surgery, unless
ordered by a court of competent jurisdiction pursuant to the
following standards and procedures:
(a) The administration of antipsychotic medication or
electroconvulsant therapy shall not be ordered unless the
petitioning party proves by clear, cogent, and convincing evidence that there exists a compelling state interest that justifies
overriding the patient's lack of consent to the administration
of antipsychotic medications or electroconvulsant therapy,
that the proposed treatment is necessary and effective, and
that medically acceptable alternative forms of treatment are
not available, have not been successful, or are not likely to be
effective.
(b) The court shall make specific findings of fact concerning: (i) The existence of one or more compelling state
interests; (ii) the necessity and effectiveness of the treatment;
and (iii) the person's desires regarding the proposed treatment. If the patient is unable to make a rational and informed
decision about consenting to or refusing the proposed treatment, the court shall make a substituted judgment for the
[Title 71 RCW—page 18]
patient as if he or she were competent to make such a determination.
(c) The person shall be present at any hearing on a
request to administer antipsychotic medication or electroconvulsant therapy filed pursuant to this subsection. The person
has the right: (i) To be represented by an attorney; (ii) to
present evidence; (iii) to cross-examine witnesses; (iv) to
have the rules of evidence enforced; (v) to remain silent; (vi)
to view and copy all petitions and reports in the court file; and
(vii) to be given reasonable notice and an opportunity to prepare for the hearing. The court may appoint a psychiatrist,
psychologist within their scope of practice, or physician to
examine and testify on behalf of such person. The court shall
appoint a psychiatrist, psychologist within their scope of
practice, or physician designated by such person or the person's counsel to testify on behalf of the person in cases where
an order for electroconvulsant therapy is sought.
(d) An order for the administration of antipsychotic medications entered following a hearing conducted pursuant to
this section shall be effective for the period of the current
involuntary treatment order, and any interim period during
which the person is awaiting trial or hearing on a new petition
for involuntary treatment or involuntary medication.
(e) Any person detained pursuant to RCW 71.05.320(2),
who subsequently refuses antipsychotic medication, shall be
entitled to the procedures set forth in RCW 71.05.370(7).
(f) Antipsychotic medication may be administered to a
nonconsenting person detained or committed pursuant to this
chapter without a court order pursuant to RCW 71.05.215(2)
or under the following circumstances:
(i) A person presents an imminent likelihood of serious
harm;
(ii) Medically acceptable alternatives to administration
of antipsychotic medications are not available, have not been
successful, or are not likely to be effective; and
(iii) In the opinion of the physician with responsibility
for treatment of the person, or his or her designee, the person's condition constitutes an emergency requiring the treatment be instituted before a judicial hearing as authorized pursuant to this section can be held.
If antipsychotic medications are administered over a person's lack of consent pursuant to this subsection, a petition for
an order authorizing the administration of antipsychotic medications shall be filed on the next judicial day. The hearing
shall be held within two judicial days. If deemed necessary
by the physician with responsibility for the treatment of the
person, administration of antipsychotic medications may
continue until the hearing is held;
(8) To dispose of property and sign contracts unless such
person has been adjudicated an incompetent in a court proceeding directed to that particular issue;
(9) Not to have psychosurgery performed on him or her
under any circumstances. [1997 c 112 § 31; 1991 c 105 § 5;
1989 c 120 § 8; 1974 ex.s. c 145 § 26; 1973 1st ex.s. c 142 §
42.]
Severability—1991 c 105: See note following RCW 71.05.215.
71.05.380
71.05.380 Rights of voluntarily committed persons.
All persons voluntarily entering or remaining in any facility,
institution, or hospital providing evaluation and treatment for
(2004 Ed.)
Mental Illness
mental disorder shall have no less than all rights secured to
involuntarily detained persons by RCW 71.05.360 and
71.05.370. [1973 1st ex.s. c 142 § 43.]
71.05.390
71.05.390 Confidential information and records—
Disclosure. Except as provided in this section, the fact of
admission and all information and records compiled,
obtained, or maintained in the course of providing services to
either voluntary or involuntary recipients of services at public
or private agencies shall be confidential.
Information and records may be disclosed only:
(1) In communications between qualified professional
persons to meet the requirements of this chapter, in the provision of services or appropriate referrals, or in the course of
guardianship proceedings. The consent of the patient, or his
or her guardian, shall be obtained before information or
records may be disclosed by a professional person employed
by a facility unless provided to a professional person:
(a) Employed by the facility;
(b) Who has medical responsibility for the patient's care;
(c) Who is a county designated mental health professional;
(d) Who is providing services under chapter 71.24 RCW;
(e) Who is employed by a state or local correctional
facility where the person is confined or supervised; or
(f) Who is providing evaluation, treatment, or follow-up
services under chapter 10.77 RCW.
(2) When the communications regard the special needs
of a patient and the necessary circumstances giving rise to
such needs and the disclosure is made by a facility providing
outpatient services to the operator of a care facility in which
the patient resides.
(3) When the person receiving services, or his or her
guardian, designates persons to whom information or records
may be released, or if the person is a minor, when his or her
parents make such designation.
(4) To the extent necessary for a recipient to make a
claim, or for a claim to be made on behalf of a recipient for
aid, insurance, or medical assistance to which he or she may
be entitled.
(5) For either program evaluation or research, or both:
PROVIDED, That the secretary adopts rules for the conduct
of the evaluation or research, or both. Such rules shall
include, but need not be limited to, the requirement that all
evaluators and researchers must sign an oath of confidentiality substantially as follows:
"As a condition of conducting evaluation or research
concerning persons who have received services from (fill in
the facility, agency, or person) I, . . . . . . . . ., agree not to
divulge, publish, or otherwise make known to unauthorized
persons or the public any information obtained in the course
of such evaluation or research regarding persons who have
received services such that the person who received such services is identifiable.
I recognize that unauthorized release of confidential
information may subject me to civil liability under the provisions of state law.
/s/ . . . . . . . . . . . . . . . . . . . . "
(2004 Ed.)
71.05.390
(6)(a) To the courts as necessary to the administration of
this chapter or to a court ordering an evaluation or treatment
under chapter 10.77 RCW solely for the purpose of preventing the entry of any evaluation or treatment order that is
inconsistent with any order entered under this chapter.
(b) To a court or its designee in which a motion under
chapter 10.77 RCW has been made for involuntary medication of a defendant for the purpose of competency restoration.
(c) Disclosure under this subsection is mandatory for the
purpose of the health insurance portability and accountability
act.
(7) To law enforcement officers, public health officers,
or personnel of the department of corrections or the indeterminate sentence review board for persons who are the subject
of the records and who are committed to the custody or supervision of the department of corrections or indeterminate sentence review board which information or records are necessary to carry out the responsibilities of their office. Except
for dissemination of information released pursuant to RCW
71.05.425 and 4.24.550, regarding persons committed under
this chapter under RCW 71.05.280(3) and 71.05.320(2)(c)
after dismissal of a sex offense as defined in RCW
9.94A.030, the extent of information that may be released is
limited as follows:
(a) Only the fact, place, and date of involuntary commitment, the fact and date of discharge or release, and the last
known address shall be disclosed upon request;
(b) The law enforcement and public health officers or
personnel of the department of corrections or indeterminate
sentence review board shall be obligated to keep such information confidential in accordance with this chapter;
(c) Additional information shall be disclosed only after
giving notice to said person and his or her counsel and upon
a showing of clear, cogent, and convincing evidence that
such information is necessary and that appropriate safeguards
for strict confidentiality are and will be maintained. However, in the event the said person has escaped from custody,
said notice prior to disclosure is not necessary and that the
facility from which the person escaped shall include an evaluation as to whether the person is of danger to persons or
property and has a propensity toward violence;
(d) Information and records shall be disclosed to the
department of corrections pursuant to and in compliance with
the provisions of RCW 71.05.445 for the purposes of completing presentence investigations or risk assessment reports,
supervision of an incarcerated offender or offender under
supervision in the community, planning for and provision of
supervision of an offender, or assessment of an offender's risk
to the community; and
(e) Disclosure under this subsection is mandatory for the
purposes of the health insurance portability and accountability act.
(8) To the attorney of the detained person.
(9) To the prosecuting attorney as necessary to carry out
the responsibilities of the office under RCW 71.05.330(2)
and 71.05.340(1)(b) and 71.05.335. The prosecutor shall be
provided access to records regarding the committed person's
treatment and prognosis, medication, behavior problems, and
other records relevant to the issue of whether treatment less
restrictive than inpatient treatment is in the best interest of the
committed person or others. Information shall be disclosed
[Title 71 RCW—page 19]
71.05.395
Title 71 RCW: Mental Illness
only after giving notice to the committed person and the person's counsel.
(10) To appropriate law enforcement agencies and to a
person, when the identity of the person is known to the public
or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by
the patient. The person may designate a representative to
receive the disclosure. The disclosure shall be made by the
professional person in charge of the public or private agency
or his or her designee and shall include the dates of commitment, admission, discharge, or release, authorized or unauthorized absence from the agency's facility, and only such
other information that is pertinent to the threat or harassment.
The decision to disclose or not shall not result in civil liability
for the agency or its employees so long as the decision was
reached in good faith and without gross negligence.
(11) To appropriate corrections and law enforcement
agencies all necessary and relevant information in the event
of a crisis or emergent situation that poses a significant and
imminent risk to the public. The decision to disclose or not
shall not result in civil liability for the mental health service
provider or its employees so long as the decision was reached
in good faith and without gross negligence.
(12) To the persons designated in RCW 71.05.425 for
the purposes described in that section.
(13) Civil liability and immunity for the release of information about a particular person who is committed to the
department under RCW 71.05.280(3) and 71.05.320(2)(c)
after dismissal of a sex offense as defined in RCW
9.94A.030, is governed by RCW 4.24.550.
(14) To a patient's next of kin, guardian, or conservator,
if any, in the event of death, as provided in RCW 71.05.400.
(15) To the department of health for the purposes of
determining compliance with state or federal licensure, certification, or registration rules or laws. However, the information and records obtained under this subsection are exempt
from public inspection and copying pursuant to chapter 42.17
RCW.
(16) To mark headstones or otherwise memorialize
patients interred at state hospital cemeteries. The department
of social and health services shall make available the name,
date of birth, and date of death of patients buried in state hospital cemeteries fifty years after the death of a patient.
The fact of admission, as well as all records, files, evidence, findings, or orders made, prepared, collected, or maintained pursuant to this chapter shall not be admissible as evidence in any legal proceeding outside this chapter without the
written consent of the person who was the subject of the proceeding except in a subsequent criminal prosecution of a perso n c o m m i tte d p u r s ua n t t o R C W 7 1 . 0 5 . 2 8 0 ( 3 ) o r
71.05.320(2)(c) on charges that were dismissed pursuant to
chapter 10.77 RCW due to incompetency to stand trial or in a
civil commitment proceeding pursuant to chapter 71.09
RCW. The records and files maintained in any court proceeding pursuant to this chapter shall be confidential and
available subsequent to such proceedings only to the person
who was the subject of the proceeding or his or her attorney.
In addition, the court may order the subsequent release or use
of such records or files only upon good cause shown if the
court finds that appropriate safeguards for strict confidentiality are and will be maintained. [2004 c 166 § 6; 2004 c 157 §
[Title 71 RCW—page 20]
5; 2004 c 33 § 2. Prior: 2000 c 94 § 9; 2000 c 75 § 6; 2000 c
74 § 7; 1999 c 12 § 1; 1998 c 297 § 22; 1993 c 448 § 6; 1990
c 3 § 112; 1986 c 67 § 8; 1985 c 207 § 1; 1983 c 196 § 4; 1979
ex.s. c 215 § 17; 1975 1st ex.s. c 199 § 10; 1974 ex.s. c 145 §
27; 1973 1st ex.s. c 142 § 44.]
Reviser's note: This section was amended by 2004 c 33 § 2, 2004 c 157
§ 5, and by 2004 c 166 § 6, each without reference to the other. All amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
Findings—Intent—Severability—Effective date—2004 c 157: See
notes following RCW 10.77.010.
Finding—Intent—2004 c 33: "The legislature finds that social stigmas
surrounding mental illness have prevented patients buried in the state hospital cemeteries from being properly memorialized. From 1887 to 1953, the
state buried many of the patients who died while in residence at the three
state hospitals on hospital grounds. In order to honor these patients, the legislature intends that the state be allowed to release records necessary to
appropriately mark their resting place." [2004 c 33 § 1.]
Intent—2000 c 75: See note following RCW 71.05.445.
Severability—2000 c 74: See note following RCW 10.77.060.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Effective date—1993 c 448: See note following RCW 70.02.010.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
71.05.395
71.05.395 Application of uniform health care information act, chapter 70.02 RCW. Except as otherwise provided in this chapter, the uniform health care information act,
chapter 70.02 RCW, applies to all records and information
compiled, obtained, or maintained in the course of providing
services. [1993 c 448 § 8.]
Effective date—1993 c 448: See note following RCW 70.02.010.
71.05.400
71.05.400 Release of information to patient's next of
kin, attorney, guardian, conservator—Notification of
patient's death. (1) A public or private agency shall release
to a patient's next of kin, attorney, guardian, or conservator, if
any,
(a) The information that the person is presently a patient
in the facility or that the person is seriously physically ill;
(b) A statement evaluating the mental and physical condition of the patient, and a statement of the probable duration
of the patient's confinement, if such information is requested
by the next of kin, attorney, guardian, or conservator; and
such other information requested by the next of kin or attorney as may be necessary to decide whether or not proceedings should be instituted to appoint a guardian or conservator.
(2) Upon the death of a patient, his or her next of kin,
guardian, or conservator, if any, shall be notified.
Next of kin who are of legal age and competent shall be
notified under this section in the following order: Spouse,
parents, children, brothers and sisters, and other relatives
according to the degree of relation. Access to all records and
information compiled, obtained, or maintained in the course
of providing services to a deceased patient shall be governed
by RCW 70.02.140. [1993 c 448 § 7; 1974 ex.s. c 115 § 1;
1973 2nd ex.s. c 24 § 6; 1973 1st ex.s. c 142 § 45.]
Effective date—1993 c 448: See note following RCW 70.02.010.
(2004 Ed.)
Mental Illness
71.05.410
71.05.410 Notice of disappearance of patient. When a
patient would otherwise be subject to the provisions of RCW
71.05.390 and disclosure is necessary for the protection of
the patient or others due to his or her unauthorized disappearance from the facility, and his or her whereabouts is
unknown, notice of such disappearance, along with relevant
information, may be made to relatives and governmental law
enforcement agencies designated by the physician in charge
of the patient or the professional person in charge of the facility, or his or her professional designee. [1997 c 112 § 32;
1973 2nd ex.s. c 24 § 7; 1973 1st ex.s. c 142 § 46.]
71.05.420
71.05.420 Records of disclosure. Except as provided
in RCW 71.05.425, when any disclosure of information or
records is made as authorized by RCW 71.05.390 through
71.05.410, the physician in charge of the patient or the professional person in charge of the facility shall promptly cause
to be entered into the patient's medical record the date and
circumstances under which said disclosure was made, the
names and relationships to the patient, if any, of the persons
or agencies to whom such disclosure was made, and the
information disclosed. [1990 c 3 § 113; 1973 1st ex.s. c 142
§ 47.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
71.05.425
71.05.425 Persons committed following dismissal of
sex, violent, or felony harassment offense—Notification of
conditional release, final release, leave, transfer, or
escape—To whom given—Definitions. (1)(a) Except as
provided in subsection (2) of this section, at the earliest possible date, and in no event later than thirty days before conditional release, final release, authorized leave under RCW
71.05.325(2), or transfer to a facility other than a state mental
hospital, the superintendent shall send written notice of conditional release, release, authorized leave, or transfer of a person committed under RCW 71.05.280(3) or 71.05.320(2)(c)
following dismissal of a sex, violent, or felony harassment
offense pursuant to RCW 10.77.090(4) to the following:
(i) The chief of police of the city, if any, in which the person will reside; and
(ii) The sheriff of the county in which the person will
reside.
(b) The same notice as required by (a) of this subsection
shall be sent to the following, if such notice has been
requested in writing about a specific person committed under
RCW 71.05.280(3) or 71.05.320(2)(c) following dismissal of
a sex, violent, or felony harassment offense pursuant to RCW
10.77.090(4):
(i) The victim of the sex, violent, or felony harassment
offense that was dismissed pursuant to RCW 10.77.090(4)
preceding commitment under RCW 71.05.280(3) or
71.05.320(2)(c) or the victim's next of kin if the crime was a
homicide;
(ii) Any witnesses who testified against the person in any
court proceedings; and
(iii) Any person specified in writing by the prosecuting
attorney.
Information regarding victims, next of kin, or witnesses
requesting the notice, information regarding any other person
specified in writing by the prosecuting attorney to receive the
(2004 Ed.)
71.05.427
notice, and the notice are confidential and shall not be available to the person committed under this chapter.
(c) The thirty-day notice requirements contained in this
subsection shall not apply to emergency medical transfers.
(d) The existence of the notice requirements in this subsection will not require any extension of the release date in
the event the release plan changes after notification.
(2) If a person committed under RCW 71.05.280(3) or
71.05.320(2)(c) following dismissal of a sex, violent, or felony harassment offense pursuant to RCW 10.77.090(4)
escapes, the superintendent shall immediately notify, by the
most reasonable and expedient means available, the chief of
police of the city and the sheriff of the county in which the
person resided immediately before the person's arrest. If previously requested, the superintendent shall also notify the
witnesses and the victim of the sex, violent, or felony harassment offense that was dismissed pursuant to RCW
1 0 .7 7 . 0 9 0 ( 4 ) p r e c e d i n g co m m i t m e n t u n d er R C W
71.05.280(3) or 71.05.320(2) or the victim's next of kin if the
crime was a homicide. In addition, the secretary shall also
notify appropriate parties pursuant to RCW 71.05.410. If the
person is recaptured, the superintendent shall send notice to
the persons designated in this subsection as soon as possible
but in no event later than two working days after the department learns of such recapture.
(3) If the victim, the victim's next of kin, or any witness
is under the age of sixteen, the notice required by this section
shall be sent to the parent or legal guardian of the child.
(4) The superintendent shall send the notices required by
this chapter to the last address provided to the department by
the requesting party. The requesting party shall furnish the
department with a current address.
(5) For purposes of this section the following terms have
the following meanings:
(a) "Violent offense" means a violent offense under
RCW 9.94A.030;
(b) "Sex offense" means a sex offense under RCW
9.94A.030;
(c) "Next of kin" means a person's spouse, parents, siblings, and children;
(d) "Felony harassment offense" means a crime of
harassment as defined in RCW 9A.46.060 that is a felony.
[2000 c 94 § 10; 1999 c 13 § 8; 1994 c 129 § 9; 1992 c 186 §
9; 1990 c 3 § 109.]
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
Severability—1992 c 186: See note following RCW 9A.46.110.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
71.05.427
71.05.427 Persons committed following dismissal of
sex offense—Release of information authorized. In addition to any other information required to be released under
this chapter, the department is authorized, pursuant to RCW
4.24.550, to release relevant information that is necessary to
protect the public, concerning a specific person committed
under RCW 71.05.280(3) or 71.05.320(2)(c) following dismissal of a sex offense as defined in RCW 9.94A.030. [1990
c 3 § 110.]
[Title 71 RCW—page 21]
71.05.430
Title 71 RCW: Mental Illness
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
71.05.430
71.05.430 Statistical data. Nothing in this chapter shall
be construed to prohibit the compilation and publication of
statistical data for use by government or researchers under
standards, including standards to assure maintenance of confidentiality, set forth by the secretary of the department of
social and health services. [1973 1st ex.s. c 142 § 48.]
71.05.440
71.05.440 Action for unauthorized release of confidential information—Liquidated damages—Treble damages—Injunction. Except as provided in RCW 4.24.550,
any person may bring an action against an individual who has
willfully released confidential information or records concerning him or her in violation of the provisions of this chapter, for the greater of the following amounts:
(1) One thousand dollars; or
(2) Three times the amount of actual damages sustained,
if any. It shall not be a prerequisite to recovery under this section that the plaintiff shall have suffered or be threatened with
special, as contrasted with general, damages.
Any person may bring an action to enjoin the release of
confidential information or records concerning him or her or
his or her ward, in violation of the provisions of this chapter,
and may in the same action seek damages as provided in this
section.
The court may award to the plaintiff, should he or she
prevail in an action authorized by this section, reasonable
attorney fees in addition to those otherwise provided by law.
[1990 c 3 § 114; 1974 ex.s. c 145 § 28; 1973 1st ex.s. c 142 §
49.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
71.05.445
71.05.445 Mental health services information—
Release to department of corrections—Initial assessment
inquiry—Required notifications—Rules. (1) The definitions in this subsection apply throughout this section unless
the context clearly requires otherwise.
(a) "Information related to mental health services" means
all information and records compiled, obtained, or maintained in the course of providing services to either voluntary
or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.34 or 10.77 RCW, or
somatic health care information.
(b) "Mental health service provider" means a public or
private agency that provides services to persons with mental
disorders as defined under RCW 71.05.020 and receives
funding from public sources. This includes evaluation and
treatment facilities as defined in RCW 71.05.020, community
mental health service delivery systems, or community mental
health programs as defined in RCW 71.24.025, and facilities
conducting competency evaluations and restoration under
chapter 10.77 RCW.
(2)(a) Information related to mental health services
delivered to a person subject to chapter 9.94A or 9.95 RCW
shall be released, upon request, by a mental health service
provider to department of corrections personnel for whom the
information is necessary to carry out the responsibilities of
[Title 71 RCW—page 22]
their office. The information must be provided only for the
purposes of completing presentence investigations or risk
assessment reports, supervision of an incarcerated offender
or offender under supervision in the community, planning for
and provision of supervision of an offender, or assessment of
an offender's risk to the community. The request shall be in
writing and shall not require the consent of the subject of the
records.
(b) If an offender subject to chapter 9.94A or 9.95 RCW
has failed to report for department of corrections supervision
or in the event of an emergent situation that poses a significant risk to the public or the offender, information related to
mental health services delivered to the offender and, if
known, information regarding where the offender is likely to
be found shall be released by the mental health services provider to the department of corrections upon request. The initial request may be written or oral. All oral requests must be
subsequently confirmed in writing. Information released in
response to an oral request is limited to a statement as to
whether the offender is or is not being treated by the mental
health services provider and the address or information about
the location or whereabouts of the offender. Information
released in response to a written request may include information identified by rule as provided in subsections (4) and
(5) of this section. For purposes of this subsection a written
request includes requests made by e-mail or facsimile so long
as the requesting person at the department of corrections is
clearly identified. The request must specify the information
being requested. Disclosure of the information requested
does not require the consent of the subject of the records
unless the offender has received relief from disclosure under
RCW 9.94A.562, 70.96A.155, or 71.05.132.
(3)(a) When a mental health service provider conducts
its initial assessment for a person receiving court-ordered
treatment, the service provider shall inquire and shall be told
by the offender whether he or she is subject to supervision by
the department of corrections.
(b) When a person receiving court-ordered treatment or
treatment ordered by the department of corrections discloses
to his or her mental health service provider that he or she is
subject to supervision by the department of corrections, the
mental health services provider shall notify the department of
corrections that he or she is treating the offender and shall
notify the offender that his or her community corrections
officer will be notified of the treatment, provided that if the
offender has received relief from disclosure pursuant to RCW
9.94A.562, 70.96A.155, or 71.05.132 and the offender has
provided the mental health services provider with a copy of
the order granting relief from disclosure pursuant to RCW
9.94A.562, 70.96A.155, or 71.05.132, the mental health services provider is not required to notify the department of corrections that the mental health services provider is treating
the offender. The notification may be written or oral and
shall not require the consent of the offender. If an oral notification is made, it must be confirmed by a written notification.
For purposes of this section, a written notification includes
notification by e-mail or facsimile, so long as the notifying
mental health service provider is clearly identified.
(4) The information to be released to the department of
corrections shall include all relevant records and reports, as
defined by rule, necessary for the department of corrections
(2004 Ed.)
Mental Illness
to carry out its duties, including those records and reports
identified in subsection (2) of this section.
(5) The department and the department of corrections, in
consultation with regional support networks, mental health
service providers as defined in subsection (1) of this section,
mental health consumers, and advocates for persons with
mental illness, shall adopt rules to implement the provisions
of this section related to the type and scope of information to
be released. These rules shall:
(a) Enhance and facilitate the ability of the department of
corrections to carry out its responsibility of planning and
ensuring community protection with respect to persons subject to sentencing under chapter 9.94A or 9.95 RCW, including accessing and releasing or disclosing information of persons who received mental health services as a minor; and
(b) Establish requirements for the notification of persons
under the supervision of the department of corrections
regarding the provisions of this section.
(6) The information received by the department of corrections under this section shall remain confidential and subject to the limitations on disclosure outlined in chapter 71.05
RCW, except as provided in RCW 72.09.585.
(7) No mental health service provider or individual
employed by a mental health service provider shall be held
responsible for information released to or used by the department of corrections under the provisions of this section or
rules adopted under this section except under RCW
71.05.670 and 71.05.440.
(8) Whenever federal law or federal regulations restrict
the release of information contained in the treatment records
of any patient who receives treatment for alcoholism or drug
dependency, the release of the information may be restricted
as necessary to comply with federal law and regulations.
(9) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under chapter 70.24 RCW.
(10) The department shall, subject to available resources,
electronically, or by the most cost-effective means available,
provide the department of corrections with the names, last
dates of services, and addresses of specific regional support
networks and mental health service providers that delivered
mental health services to a person subject to chapter 9.94A or
9.95 RCW pursuant to an agreement between the departments. [2004 c 166 § 4; 2002 c 39 § 2; 2000 c 75 § 3.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
Intent—2000 c 75: "It is the intent of the legislature to enhance and
facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A RCW by authorizing access
to, and release or disclosure of, necessary information related to mental
health services. This includes accessing and releasing or disclosing information of persons who received mental health services as a minor. The legislature does not intend this act to readdress access to information and records
regarding continuity of care.
The legislature recognizes that persons with mental illness have a right
to the confidentiality of information related to mental health services, including the fact of their receiving such services, unless there is a state interest that
supersedes this right. It is the intent of the legislature to balance that right of
the individual with the state interest to enhance public safety." [2000 c 75 §
1.]
(2004 Ed.)
71.05.510
71.05.450
71.05.450 Competency—Effect—Statement of
Washington law. Competency shall not be determined or
withdrawn by operation of, or under the provisions of this
chapter. Except as chapter 9.41 RCW may limit the right of a
person to purchase or possess a firearm or to qualify for a
concealed pistol license, no person shall be presumed incompetent or lose any civil rights as a consequence of receiving
evaluation or treatment for mental disorder, either voluntarily
or involuntarily, or certification or commitment pursuant to
this chapter or any prior laws of this state dealing with mental
illness. Any person who leaves a public or private agency following evaluation or treatment for mental disorder shall be
given a written statement setting forth the substance of this
section. [1994 sp.s. c 7 § 440; 1973 1st ex.s. c 142 § 50.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
71.05.460
71.05.460 Right to counsel. Every person involuntarily
detained shall immediately be informed of his or her right to
a hearing to review the legality of his or her detention and of
his or her right to counsel, by the professional person in
charge of the facility providing evaluation and treatment, or
his or her designee, and, when appropriate, by the court. If the
person so elects, the court shall immediately appoint an attorney to assist him or her. [1997 c 112 § 33; 1973 1st ex.s. c
142 § 51.]
71.05.470
71.05.470 Right to examination. A person challenging
his or her detention or his or her attorney, shall have the right
to designate and have the court appoint a reasonably available independent physician or licensed mental health professional to examine the person detained, the results of which
examination may be used in the proceeding. The person shall,
if he or she is financially able, bear the cost of such expert
information, otherwise such expert examination shall be at
public expense. [1997 c 112 § 34; 1973 1st ex.s. c 142 § 52.]
71.05.480
71.05.480 Petitioning for release—Writ of habeas
corpus. Nothing contained in this chapter shall prohibit the
patient from petitioning by writ of habeas corpus for release.
[1974 ex.s. c 145 § 29; 1973 1st ex.s. c 142 § 53.]
71.05.490
71.05.490 Rights of persons committed before January 1, 1974. Nothing in this chapter shall prohibit a person
committed on or prior to January 1, 1974, from exercising a
right available to him or her at or prior to January 1, 1974, for
obtaining release from confinement. [1997 c 112 § 35; 1973
1st ex.s. c 142 § 54.]
71.05.500
71.05.500 Liability of applicant. Any person making
or filing an application alleging that a person should be involuntarily detained, certified, committed, treated, or evaluated
pursuant to this chapter shall not be rendered civilly or criminally liable where the making and filing of such application
was in good faith. [1973 1st ex.s. c 142 § 55.]
71.05.510
71.05.510 Damages for excessive detention. Any individual who knowingly, wilfully or through gross negligence
[Title 71 RCW—page 23]
71.05.520
Title 71 RCW: Mental Illness
violates the provisions of this chapter by detaining a person
for more than the allowable number of days shall be liable to
the person detained in civil damages. It shall not be a prerequisite to an action under this section that the plaintiff shall
have suffered or be threatened with special, as contrasted
with general damages. [1974 ex.s. c 145 § 30; 1973 1st ex.s.
c 142 § 56.]
vices and facilities and reduction in commitments to state
hospitals for the mentally ill accomplished by individual
counties, in planning and providing such funding. The state
shall provide financial assistance to the counties to enable the
counties to meet all increased costs, if any, to the counties
resulting from their administration of the provisions of chapter 142, Laws of 1973 1st ex. sess. [1973 1st ex.s. c 142 §
60.]
71.05.520
71.05.520 Protection of rights—Staff. The department
of social and health services shall have the responsibility to
determine whether all rights of individuals recognized and
guaranteed by the provisions of this chapter and the Constitutions of the state of Washington and the United States are in
fact protected and effectively secured. To this end, the department shall assign appropriate staff who shall from time to
time as may be necessary have authority to examine records,
inspect facilities, attend proceedings, and do whatever is necessary to monitor, evaluate, and assure adherence to such
rights. Such persons shall also recommend such additional
safeguards or procedures as may be appropriate to secure
individual rights set forth in this chapter and as guaranteed by
the state and federal Constitutions. [1973 1st ex.s. c 142 §
57.]
71.05.560
71.05.560 Adoption of rules. The department shall
adopt such rules as may be necessary to effectuate the intent
and purposes of this chapter, which shall include but not be
limited to evaluation of the quality of the program and facilities operating pursuant to this chapter, evaluation of the
effectiveness and cost effectiveness of such programs and
facilities, and procedures and standards for certification and
other action relevant to evaluation and treatment facilities.
[1998 c 297 § 24; 1973 1st ex.s. c 142 § 61.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.5601
71.05.5601 Rule making—Medicaid—Secretary of
corrections—Secretary of social and health services. See
RCW 72.09.380.
71.05.525
71.05.525 Transfer of person committed to juvenile
correction institution to institution or facility for mentally
ill juveniles. When, in the judgment of the department, the
welfare of any person committed to or confined in any state
juvenile correctional institution or facility necessitates that
such a person be transferred or moved for observation, diagnosis or treatment to any state institution or facility for the
care of mentally ill juveniles the secretary, or his or her designee, is authorized to order and effect such move or transfer:
PROVIDED, HOWEVER, That the secretary shall adopt and
implement procedures to assure that persons so transferred
shall, while detained or confined in such institution or facility
for the care of mentally ill juveniles, be provided with substantially similar opportunities for parole or early release
evaluation and determination as persons detained or confined
in state juvenile correctional institutions or facilities: PROVIDED, FURTHER, That the secretary shall notify the original committing court of such transfer. [1997 c 112 § 36;
1975 1st ex.s. c 199 § 12.]
71.05.530
71.05.530 Facilities part of comprehensive mental
health program. Evaluation and treatment facilities authorized pursuant to this chapter may be part of the comprehensive community mental health services program conducted in
counties pursuant to chapter 71.24 RCW, and may receive
funding pursuant to the provisions thereof. [1998 c 297 § 23;
1973 1st ex.s. c 142 § 58.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.550
71.05.550 Recognition of county financial necessities.
The department of social and health services, in planning and
providing funding to counties pursuant to chapter 71.24
RCW, shall recognize the financial necessities imposed upon
counties by implementation of this chapter and shall consider
needs, if any, for additional community mental health ser[Title 71 RCW—page 24]
71.05.5602
71.05.5602 Rule making—Chapter 214, Laws of
1999—Secretary of corrections—Secretary of social and
health services. See RCW 72.09.381.
71.05.570
71.05.570 Rules of court. The supreme court of the
state of Washington shall adopt such rules as it shall deem
necessary with respect to the court procedures and proceedings provided for by this chapter. [1973 1st ex.s. c 142 § 62.]
71.05.575
71.05.575 Less restrictive alternative treatment—
Consideration by court. (1) When making a decision under
this chapter whether to require a less restrictive alternative
treatment, the court shall consider whether it is appropriate to
include or exclude time spent in confinement when determining whether the person has committed a recent overt act.
(2) When determining whether an offender is a danger to
himself or herself or others under this chapter, a court shall
give great weight to any evidence submitted to the court
regarding an offender's recent history of judicially required or
administratively ordered involuntary antipsychotic medication while in confinement. [1999 c 214 § 6.]
Intent—Effective date—1999 c 214: See notes following RCW
72.09.370.
71.05.610
71.05.610 Treatment records—Definitions. As used
in this chapter or chapter 71.24 or 10.77 RCW, the following
words and phrases shall have the meanings indicated.
(1) "Registration records" include all the records of the
department, regional support networks, treatment facilities,
and other persons providing services to the department,
county departments, or facilities which identify individuals
who are receiving or who at any time have received services
for mental illness.
(2) "Treatment records" include registration and all other
records concerning individuals who are receiving or who at
(2004 Ed.)
Mental Illness
any time have received services for mental illness, which are
maintained by the department, by regional support networks
and their staffs, and by treatment facilities. Treatment records
do not include notes or records maintained for personal use
by an individual providing treatment services for the department, regional support networks, or a treatment facility if the
notes or records are not available to others. [1989 c 205 §
11.]
Contingent effective date—1989 c 205 §§ 11-19: *"Sections 10
through 19 of this act shall take effect on July 1, 1995, or when regional support networks are established." [1989 c 205 § 24.] See note following chapter digest.
*Reviser's note: The reference to "sections 10 through 19 of this act"
is incorrect. The reference should have been to "sections 11 through 19 of
this act," which are codified as RCW 71.05.610 through 71.05.690.
71.05.620
71.05.620 Treatment records—Informed consent for
disclosure of information—Court files and records. (1)
Informed consent for disclosure of information from court or
treatment records to an individual, agency, or organization
must be in writing and must contain the following information:
(a) The name of the individual, agency, or organization
to which the disclosure is to be made;
(b) The name of the individual whose treatment record is
being disclosed;
(c) The purpose or need for the disclosure;
(d) The specific type of information to be disclosed;
(e) The time period during which the consent is effective;
(f) The date on which the consent is signed; and
(g) The signature of the individual or person legally
authorized to give consent for the individual.
(2) The files and records of court proceedings under
chapter 71.05 RCW shall be closed but shall be accessible to
any individual who is the subject of a petition and to the individual's attorney, guardian ad litem, resource management
services, or service providers authorized to receive such
information by resource management services. [1989 c 205 §
12.]
Contingent effective date—1989 c 205 §§ 11-19: See note following
RCW 71.05.610.
71.05.630
71.05.630 Treatment records—Confidential—
Release. (1) Except as otherwise provided by law, all treatment records shall remain confidential. Treatment records
may be released only to the persons designated in this section, or to other persons designated in an informed written
consent of the patient.
(2) Treatment records of an individual may be released
without informed written consent in the following circumstances:
(a) To an individual, organization, or agency as necessary for management or financial audits, or program monitoring and evaluation. Information obtained under this subsection shall remain confidential and may not be used in a manner that discloses the name or other identifying information
about the individual whose records are being released.
(b) To the department, the director of regional support
networks, or a qualified staff member designated by the
(2004 Ed.)
71.05.630
director only when necessary to be used for billing or collection purposes. The information shall remain confidential.
(c) For purposes of research as permitted in chapter
42.48 RCW.
(d) Pursuant to lawful order of a court.
(e) To qualified staff members of the department, to the
director of regional support networks, to resource management services responsible for serving a patient, or to service
providers designated by resource management services as
necessary to determine the progress and adequacy of treatment and to determine whether the person should be transferred to a less restrictive or more appropriate treatment
modality or facility. The information shall remain confidential.
(f) Within the treatment facility where the patient is
receiving treatment, confidential information may be disclosed to individuals employed, serving in bona fide training
programs, or participating in supervised volunteer programs,
at the facility when it is necessary to perform their duties.
(g) Within the department as necessary to coordinate
treatment for mental illness, developmental disabilities, alcoholism, or drug abuse of individuals who are under the supervision of the department.
(h) To a licensed physician who has determined that the
life or health of the individual is in danger and that treatment
without the information contained in the treatment records
could be injurious to the patient's health. Disclosure shall be
limited to the portions of the records necessary to meet the
medical emergency.
(i) To a facility that is to receive an individual who is
involuntarily committed under chapter 71.05 RCW, or upon
transfer of the individual from one treatment facility to
another. The release of records under this subsection shall be
limited to the treatment records required by law, a record or
summary of all somatic treatments, and a discharge summary. The discharge summary may include a statement of the
patient's problem, the treatment goals, the type of treatment
which has been provided, and recommendation for future
treatment, but may not include the patient's complete treatment record.
(j) Notwithstanding the provisions of RCW
71.05.390(7), to a correctional facility or a corrections officer
who is responsible for the supervision of an individual who is
receiving inpatient or outpatient evaluation or treatment.
Except as provided in RCW 71.05.445 and 71.34.225, release
of records under this section is limited to:
(i) An evaluation report provided pursuant to a written
supervision plan.
(ii) The discharge summary, including a record or summary of all somatic treatments, at the termination of any
treatment provided as part of the supervision plan.
(iii) When an individual is returned from a treatment
facility to a correctional facility, the information provided
under (j)(iv) of this subsection.
(iv) Any information necessary to establish or implement changes in the individual's treatment plan or the level or
kind of supervision as determined by resource management
services. In cases involving a person transferred back to a
correctional facility, disclosure shall be made to clinical staff
only.
[Title 71 RCW—page 25]
71.05.640
Title 71 RCW: Mental Illness
(k) To the individual's counsel or guardian ad litem,
without modification, at any time in order to prepare for
involuntary commitment or recommitment proceedings,
reexaminations, appeals, or other actions relating to detention, admission, commitment, or patient's rights under chapter 71.05 RCW.
(l) To staff members of the protection and advocacy
agency or to staff members of a private, nonprofit corporation
for the purpose of protecting and advocating the rights of persons with mental illness or developmental disabilities.
Resource management services may limit the release of
information to the name, birthdate, and county of residence
of the patient, information regarding whether the patient was
voluntarily admitted, or involuntarily committed, the date
and place of admission, placement, or commitment, the name
and address of a guardian of the patient, and the date and
place of the guardian's appointment. Any staff member who
wishes to obtain additional information shall notify the
patient's resource management services in writing of the
request and of the resource management services' right to
object. The staff member shall send the notice by mail to the
guardian's address. If the guardian does not object in writing
within fifteen days after the notice is mailed, the staff member may obtain the additional information. If the guardian
objects in writing within fifteen days after the notice is
mailed, the staff member may not obtain the additional information.
(3) Whenever federal law or federal regulations restrict
the release of information contained in the treatment records
of any patient who receives treatment for alcoholism or drug
dependency, the department may restrict the release of the
information as necessary to comply with federal law and regulations. [2000 c 75 § 5; 1989 c 205 § 13.]
Contingent effective date—1989 c 205 §§ 11-19: See note following
RCW 71.05.610.
71.05.650 Treatment records—Notation of and
access to released data. Each time written information is
released from a treatment record, the record's custodian shall
make a notation in the record including the following: The
name of the person to whom the information was released;
the identification of the information released; the purpose of
the release; and the date of the release. The patient shall have
access to this release data. [1989 c 205 § 15.]
71.05.650
Contingent effective date—1989 c 205 §§ 11-19: See note following
RCW 71.05.610.
71.05.660 Treatment records—Privileged communications unaffected. Nothing in chapter 205, Laws of 1989
shall be construed to interfere with communications between
physicians or psychologists and patients and attorneys and
clients. [1989 c 205 § 16.]
71.05.660
Contingent effective date—1989 c 205 §§ 11-19: See note following
RCW 71.05.610.
71.05.670 Treatment records—Violations—Civil
action. Except as provided in RCW 4.24.550, any person,
including the state or any political subdivision of the state,
violating RCW 71.05.610 through 71.05.690 shall be subject
to the provisions of RCW 71.05.440. [1999 c 13 § 10. Prior:
1990 c 3 § 115; 1989 c 205 § 17.]
71.05.670
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Contingent effective date—1989 c 205 §§ 11-19: See note following
RCW 71.05.610.
Intent—2000 c 75: See note following RCW 71.05.445.
Contingent effective date—1989 c 205 §§ 11-19: See note following
RCW 71.05.610.
71.05.640
71.05.640 Treatment records—Access procedures.
(1) Procedures shall be established by resource management
services to provide reasonable and timely access to individual
treatment records. However, access may not be denied at any
time to records of all medications and somatic treatments
received by the individual.
(2) Following discharge, the individual shall have a right
to a complete record of all medications and somatic treatments prescribed during evaluation, admission, or commitment and to a copy of the discharge summary prepared at the
time of his or her discharge. A reasonable and uniform charge
for reproduction may be assessed.
(3) Treatment records may be modified prior to inspection to protect the confidentiality of other patients or the
names of any other persons referred to in the record who gave
information on the condition that his or her identity remain
confidential. Entire documents may not be withheld to protect such confidentiality.
(4) At the time of discharge all individuals shall be
informed by resource management services of their rights as
provided in RCW 71.05.610 through 71.05.690. [2000 c 94
§ 11; 1999 c 13 § 9. Prior: 1989 c 205 § 14.]
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
[Title 71 RCW—page 26]
71.05.680 Treatment records—Access under false
pretenses, penalty. Any person who requests or obtains
confidential information pursuant to RCW 71.05.610 through
71.05.690 under false pretenses shall be guilty of a gross misdemeanor. [1999 c 13 § 11. Prior: 1989 c 205 § 18.]
71.05.680
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
Contingent effective date—1989 c 205 §§ 11-19: See note following
RCW 71.05.610.
71.05.690 Treatment records—Rules. The department shall adopt rules to implement RCW 71.05.610 through
71.05.680. [1999 c 13 § 12. Prior: 1989 c 205 § 19.]
71.05.690
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
Contingent effective date—1989 c 205 §§ 11-19: See note following
RCW 71.05.610.
71.05.900 Severability—1973 1st ex.s. c 142. If any
provision of this 1973 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
this act, or the application of the provision to other persons or
circumstances is not affected. [1973 1st ex.s. c 142 § 63.]
71.05.900
71.05.910 Construction—1973 1st ex.s. c 142. Sections 6 through 63 of this 1973 amendatory act shall constitute a new chapter in Title 71 RCW, and shall be considered
71.05.910
(2004 Ed.)
Sexual Psychopaths
the successor to those sections of chapter 71.02 RCW
repealed by this 1973 amendatory act. [1973 1st ex.s. c 142
§ 64.]
71.05.920 Section headings not part of the law. Section headings as used in sections 6 through 63 of this 1973
amendatory act shall not constitute any part of law. [1973 1st
ex.s. c 142 § 65.]
71.05.920
71.05.930 Effective date—1973 1st ex.s. c 142. This
1973 amendatory act shall take effect on January 1, 1974.
[1973 1st ex.s. c 142 § 67.]
71.05.930
71.05.940
71.05.940 Equal application of 1989 c 420—Evaluation for developmental disability. The provisions of chapter 420, Laws of 1989 shall apply equally to persons in the
custody of the department on May 13, 1989, who were found
by a court to be not guilty by reason of insanity or incompetent to stand trial, or who have been found to have committed
acts constituting a felony pursuant to RCW 71.05.280(3) and
present a substantial likelihood of repeating similar acts, and
the secretary shall cause such persons to be evaluated to
ascertain if such persons are developmentally disabled for
placement in a program specifically reserved for the treatment and training of persons with developmental disabilities.
[1999 c 13 § 13; 1989 c 420 § 18.]
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
Chapter 71.06
Chapter 71.06 RCW
SEXUAL PSYCHOPATHS
Sections
71.06.005
71.06.010
71.06.020
71.06.030
71.06.040
71.06.050
71.06.060
71.06.070
71.06.080
71.06.091
71.06.100
71.06.120
71.06.130
71.06.135
71.06.140
71.06.260
71.06.270
Application of chapter.
Definitions.
Sexual psychopaths—Petition.
Procedure on petition—Effect of acquittal on criminal charge.
Preliminary hearing—Evidence—Detention in hospital for
observation.
Preliminary hearing—Report of findings.
Preliminary hearing—Commitment, or other disposition of
charge.
Preliminary hearing—Jury trial.
Preliminary hearing—Construction of chapter—Trial, evidence, law relating to criminally insane.
Postcommitment proceedings, releases, and further dispositions.
Postcommitment proceedings, releases, and further dispositions—Hospital record to be furnished court, board of prison
terms and paroles.
Credit for time served in hospital.
Discharge pursuant to conditional release.
Sexual psychopaths—Release of information authorized.
State hospitals for care of sexual psychopaths—Transfers to
correctional institutions—Examinations, reports.
Hospitalization costs—Sexual psychopaths—Financial
responsibility.
Availability of records.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Nonresident sexual psychopaths and psychopathic delinquents: Chapter
72.25 RCW.
Telephone calls soliciting immoral acts: RCW 9.61.230 through 9.61.250.
71.06.005
71.06.005 Application of chapter. With respect to sexual psychopaths, this chapter applies only to crimes or
offenses committed before July 1, 1984. [1984 c 209 § 27.]
(2004 Ed.)
71.06.030
Effective dates—1984 c 209: See note following RCW 9.94A.030.
71.06.010
71.06.010 Definitions. As used in this chapter, the following terms shall have the following meanings:
"Psychopathic personality" means the existence in any
person of such hereditary, congenital or acquired condition
affecting the emotional or volitional rather than the intellectual field and manifested by anomalies of such character as to
render satisfactory social adjustment of such person difficult
or impossible.
"Sexual psychopath" means any person who is affected
in a form of psychoneurosis or in a form of psychopathic personality, which form predisposes such person to the commission of sexual offenses in a degree constituting him a menace
to the health or safety of others.
"Sex offense" means one or more of the following:
Abduction, incest, rape, assault with intent to commit rape,
indecent assault, contributing to the delinquency of a minor
involving sexual misconduct, sodomy, indecent exposure,
indecent liberties with children, carnal knowledge of children, soliciting or enticing or otherwise communicating with
a child for immoral purposes, vagrancy involving immoral or
sexual misconduct, or an attempt to commit any of the said
offenses.
"Minor" means any person under eighteen years of age.
"Department" means department of social and health services.
"Court" means the superior court of the state of Washington.
"Superintendent" means the superintendent of a state
institution designated for the custody, care and treatment of
sexual psychopaths or psychopathic delinquents. [1985 c 354
§ 32; 1977 ex.s. c 80 § 42; 1971 ex.s. c 292 § 65; 1961 c 65 §
1; 1959 c 25 § 71.06.010. Prior: 1957 c 184 § 1; 1951 c 223
§ 2; 1949 c 198 §§ 25 and 40; Rem. Supp. 1949 §§ 6953-25
and 6953-40.]
Severability—Effective date—1985 c 354: See RCW 71.34.900 and
71.34.901.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
71.06.020
71.06.020 Sexual psychopaths—Petition. Where any
person is charged in the superior court in this state with a sex
offense and it appears that such person is a sexual psychopath, the prosecuting attorney may file a petition in the criminal proceeding, alleging that the defendant is a sexual psychopath and stating sufficient facts to support such allegation.
Such petition must be filed and served on the defendant or his
attorney at least ten days prior to hearing on the criminal
charge. [1959 c 25 § 71.06.020. Prior: 1951 c 223 § 3; 1949
c 198 § 26; Rem. Supp. 1949 § 6953-26.]
71.06.030
71.06.030 Procedure on petition—Effect of acquittal
on criminal charge. The court shall proceed to hear the
criminal charge. If the defendant is convicted or has previously pleaded guilty to such charge, judgment shall be pronounced, but the execution of the sentence may be deferred
or suspended, as in other criminal cases, and the court shall
then proceed to hear and determine the allegation of sexual
psychopathy. Acquittal on the criminal charge shall not oper[Title 71 RCW—page 27]
71.06.040
Title 71 RCW: Mental Illness
ate to suspend the hearing on the allegation of sexual psychopathy: PROVIDED, That the provisions of RCW 71.06.140
authorizing transfer of a committed sexual psychopath to a
correctional institution shall not apply to the committed sexual psychopath who has been acquitted on the criminal
charge. [1967 c 104 § 1; 1959 c 25 § 71.06.030. Prior: 1951
c 223 § 4.]
71.06.040
71.06.040 Preliminary hearing—Evidence—Detention in hospital for observation. At a preliminary hearing
upon the charge of sexual psychopathy, the court may require
the testimony of two duly licensed physicians who have
examined the defendant. If the court finds that there are reasonable grounds to believe the defendant is a sexual psychopath, the court shall order said defendant confined at the nearest state hospital for observation as to the existence of sexual
psychopathy. Such observation shall be for a period of not to
exceed ninety days. The defendant shall be detained in the
county jail or other county facilities pending execution of
such observation order by the department. [1959 c 25 §
71.06.040. Prior: 1951 c 223 § 5.]
71.06.050
71.06.050 Preliminary hearing—Report of findings.
Upon completion of said observation period the superintendent of the state hospital shall return the defendant to the
court, together with a written report of his findings as to
whether or not the defendant is a sexual psychopath and the
facts upon which his opinion is based. [1959 c 25 §
71.06.050. Prior: 1951 c 223 § 6.]
71.06.060
71.06.060 Preliminary hearing—Commitment, or
other disposition of charge. After the superintendent's
report has been filed, the court shall determine whether or not
the defendant is a sexual psychopath. If said defendant is
found to be a sexual psychopath, the court shall commit him
to the secretary of social and health services for designation
of the facility for detention, care, and treatment of the sexual
psychopath. If the defendant is found not to be a sexual psychopath, the court shall order the sentence to be executed, or
may discharge the defendant as the case may merit. [1979 c
141 § 129; 1967 c 104 § 2; 1959 c 25 § 71.06.060. Prior:
1951 c 223 § 7.]
71.06.070
71.06.070 Preliminary hearing—Jury trial. A jury
may be demanded to determine the question of sexual psychopathy upon hearing after return of the superintendent's
report. Such demand must be in writing and filed with the
court within ten days after filing of the petition alleging the
defendant to be a sexual psychopath. [1959 c 25 § 71.06.070.
Prior: 1951 c 223 § 14; 1949 c 198 § 38; Rem. Supp. 1949 §
6953-38.]
71.06.080
71.06.080 Preliminary hearing—Construction of
chapter—Trial, evidence, law relating to criminally
insane. Nothing in this chapter shall be construed as to affect
the procedure for the ordinary conduct of criminal trials as
otherwise set up by law. Nothing in this chapter shall be construed to prevent the defendant, his attorney or the court of its
own motion, from producing evidence and witnesses at the
hearing on the probable existence of sexual psychopathy or at
[Title 71 RCW—page 28]
the hearing after the return of the superintendent's report.
Nothing in this chapter shall be construed as affecting the
laws relating to the criminally insane or the insane criminal,
nor shall this chapter be construed as preventing the defendant from raising the defense of insanity as in other criminal
cases. [1959 c 25 § 71.06.080. Prior: 1951 c 223 § 15.]
Criminally insane: Chapter 10.77 RCW.
71.06.091
71.06.091 Postcommitment proceedings, releases,
and further dispositions. A sexual psychopath committed
pursuant to RCW 71.06.060 shall be retained by the superintendent of the institution involved until in the superintendent's opinion he is safe to be at large, or until he has received
the maximum benefit of treatment, or is not amenable to
treatment, but the superintendent is unable to render an opinion that he is safe to be at large. Thereupon, the superintendent of the institution involved shall so inform whatever
court committed the sexual psychopath. The court then may
order such further examination and investigation of such person as seems necessary, and may at its discretion, summon
such person before it for further hearing, together with any
witnesses whose testimony may be pertinent, and together
with any relevant documents and other evidence. On the basis
of such reports, investigation, and possible hearing, the court
shall determine whether the person before it shall be released
unconditionally from custody as a sexual psychopath,
released conditionally, returned to the custody of the institution as a sexual psychopath, or transferred to the department
of corrections to serve the original sentence imposed upon
him. The power of the court to grant conditional release for
any such person before it shall be the same as its power to
grant, amend and revoke probation as provided by chapter
9.95 RCW. When the sexual psychopath has entered upon the
conditional release, the state *board of prison terms and
paroles shall supervise such person pursuant to the terms and
conditions of the conditional release, as set by the court:
PROVIDED, That the superintendent of the institution
involved shall never release the sexual psychopath from custody without a court release as herein set forth. [1981 c 136
§ 64; 1979 c 141 § 130; 1967 c 104 § 3.]
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective
July 1, 1986.
Effective date—1981 c 136: See RCW 72.09.900.
71.06.100
71.06.100 Post commitment proceedings, releases,
and further dispositions—Hospital record to be furnished
court, board of prison terms and paroles. Where under
RCW 71.06.091 the superintendent renders his opinion to the
committing court, he shall provide the committing court, and,
in the event of conditional release, the Washington state
*board of prison terms and paroles, with a copy of the hospital medical record concerning the sexual psychopath. [1967
c 104 § 4; 1959 c 25 § 71.06.100. Prior: 1951 c 223 § 10.]
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective
July 1, 1986.
71.06.120
71.06.120 Credit for time served in hospital. Time
served by a sexual psychopath in a state hospital shall count
as part of his sentence whether such sentence is pronounced
(2004 Ed.)
Sexually Violent Predators
before or after adjudication of his sexual psychopathy. [1959
c 25 § 71.06.120. Prior: 1951 c 223 § 13.]
71.06.130
71.06.130 Discharge pursuant to conditional release.
Where a sexual psychopath has been conditionally released
by the committing court, as provided by RCW 71.06.091 for
a period of five years, the court shall review his record and
when the court is satisfied that the sexual psychopath is safe
to be at large, said sexual psychopath shall be discharged.
[1967 c 104 § 5; 1959 c 25 § 71.06.130. Prior: 1951 c 223 §
12; 1949 c 198 § 28, part; Rem. Supp. 1949 § 6953-28, part.]
Chapter 71.09
relative to the ability to pay such cost and a judgment entered
against the person or persons found to be financially responsible and directing the payment of said cost or such part
thereof as the court may direct. The person committed, or his
parents or relatives, may apply for modification of said judgment, or the order last entered by the court, if a proper showing of equitable grounds is made therefor. [1985 c 354 § 33;
1979 c 141 § 132; 1959 c 25 § 71.06.260. Prior: 1957 c 26 §
1; 1951 c 223 § 27.]
Severability—Effective date—1985 c 354: See RCW 71.34.900 and
71.34.901.
71.06.270 Availability of records. The records, files,
and other written information prepared by the department of
social and health services for individuals committed under
this chapter shall be made available upon request to the
department of corrections or the *board of prison terms and
paroles for persons who are the subject of the records who are
committed to the custody of the department of corrections or
the board of prison terms and paroles. [1983 c 196 § 5.]
71.06.270
71.06.135
71.06.135 Sexual psychopaths—Release of information authorized. In addition to any other information
required to be released under this chapter, the department is
authorized, pursuant to RCW 4.24.550, to release relevant
information that is necessary to protect the public, concerning
a specific sexual psychopath committed under this chapter.
[1990 c 3 § 120.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective
July 1, 1986.
71.06.140
71.06.140 State hospitals for care of sexual psychopaths—Transfers to correctional institutions—Examinations, reports. The department may designate one or more
state hospitals for the care and treatment of sexual psychopaths: PROVIDED, That a committed sexual psychopath
who has been determined by the superintendent of such mental hospital to be a custodial risk, or a hazard to other patients
may be transferred by the secretary of social and health services, with the consent of the secretary of corrections, to one
of the correctional institutions within the department of corrections which has psychiatric care facilities. A committed
sexual psychopath who has been transferred to a correctional
institution shall be observed and treated at the psychiatric
facilities provided by the correctional institution. A complete
psychiatric examination shall be given to each sexual psychopath so transferred at least twice annually. The examinations
may be conducted at the correctional institution or at one of
the mental hospitals. The examiners shall report in writing
the results of said examinations, including recommendations
as to future treatment and custody, to the superintendent of
the mental hospital from which the sexual psychopath was
transferred, and to the committing court, with copies of such
reports and recommendations to the superintendent of the
correctional institution. [1981 c 136 § 65; 1979 c 141 § 131;
1967 c 104 § 6; 1959 c 25 § 71.06.140. Prior: 1951 c 223 §
11; 1949 c 198 § 37; Rem. Supp. 1949 § 6953-37.]
Effective date—1981 c 136: See RCW 72.09.900.
71.06.260
71.06.260 Hospitalization costs—Sexual psychopaths—Financial responsibility. At any time any person is
committed as a sexual psychopath the court shall, after reasonable notice of the time, place and purpose of the hearing
has been given to persons subject to liability under this section, inquire into and determine the financial ability of said
person, or his parents if he is a minor, or other relatives to pay
the cost of care, meals and lodging during his period of hospitalization. Such cost shall be determined by the department
of social and health services. Findings of fact shall be made
(2004 Ed.)
Chapter 71.09
Chapter 71.09 RCW
SEXUALLY VIOLENT PREDATORS
Sections
71.09.010
71.09.015
71.09.020
71.09.025
71.09.030
71.09.040
71.09.050
71.09.060
71.09.070
71.09.080
71.09.085
71.09.090
71.09.092
71.09.094
71.09.096
71.09.098
71.09.110
71.09.112
71.09.115
71.09.120
71.09.130
71.09.135
71.09.140
71.09.200
71.09.210
71.09.220
71.09.230
71.09.250
71.09.2501
71.09.252
71.09.255
71.09.260
71.09.265
71.09.275
71.09.280
71.09.285
71.09.290
Findings.
Finding—Intent—Clarification.
Definitions.
Notice to prosecuting attorney prior to release.
Sexually violent predator petition—Filing.
Sexually violent predator petition—Probable cause hearing—
Judicial determination—Transfer for evaluation.
Trial—Rights of parties.
Trial—Determination—Commitment procedures.
Annual examinations of persons committed under chapter.
Rights of persons committed under this chapter.
Medical care—Contracts for services.
Petition for conditional release to less restrictive alternative or
unconditional discharge—Procedures.
Conditional release to less restrictive alternative—Findings.
Conditional release to less restrictive alternative—Verdict.
Conditional release to less restrictive alternative—Judgment—Conditions—Annual review.
Conditional release to less restrictive alternative—Hearing on
revocation or modification—Authority to apprehend conditionally released person.
Department of social and health services—Duties—Reimbursement.
Department of social and health services—Jurisdiction continues after criminal conviction—Exception.
Record check required for employees of secure facility.
Release of information authorized.
Notice of escape or disappearance.
McNeil Island—Escape planning, response.
Notice of conditional release or unconditional discharge—
Notice of escape and recapture.
Escorted leave—Definitions.
Escorted leave—Conditions.
Escorted leave—Notice.
Escorted leave—Rules.
Transition facility—Siting.
"All other laws" defined.
Transition facilities—Agreements for regional facilities.
Transition facilities—Incentive grants and payments.
Transition facilities not limited to residential neighborhoods.
Transition facilities—Distribution of impact.
Transition facility—Transportation of residents.
Transition facility—Release to less restrictive placement.
Transition facility—Siting policy guidelines.
Other transition facilities—Siting policy guidelines.
[Title 71 RCW—page 29]
71.09.010
71.09.295
71.09.300
71.09.305
71.09.310
71.09.315
71.09.320
71.09.325
71.09.330
71.09.335
71.09.340
71.09.341
71.09.342
71.09.343
71.09.344
71.09.345
71.09.350
71.09.800
71.09.900
71.09.901
71.09.902
Title 71 RCW: Mental Illness
Transition facilities—Security systems.
Transition facilities—Staffing.
Transition facility residents—Monitoring, escorting.
Transition facility residents—Mandatory escorts.
Transition facilities—Public notice, review, and comment.
Transition facilities—Operational advisory boards.
Transition facilities—Conditional release—Reports—Violations.
Transition facilities—Contracted operation—Enforcement
remedies.
Conditional release from total confinement—Community
notification.
Conditionally released persons—Employment, educational
notification.
Transition facilities—Authority of department—Effect of
local regulations.
Transition facilities—Siting—Local regulations preempted,
when—Consideration of public safety measures.
Transition facilities—Contract between state and local governments.
Transition facilities—Mitigation agreements.
Alternative placement—Authority of court.
Examination and treatment only by certified providers—
Exceptions.
Rules.
Index, part headings not law—1990 c 3.
Severability—1990 c 3.
Effective dates—Application—1990 c 3.
71.09.010
71.09.010 Findings. The legislature finds that a small
but extremely dangerous group of sexually violent predators
exist who do not have a mental disease or defect that renders
them appropriate for the existing involuntary treatment act,
chapter 71.05 RCW, which is intended to be a short-term
civil commitment system that is primarily designed to provide short-term treatment to individuals with serious mental
disorders and then return them to the community. In contrast
to persons appropriate for civil commitment under chapter
71.05 RCW, sexually violent predators generally have personality disorders and/or mental abnormalities which are
unamenable to existing mental illness treatment modalities
and those conditions render them likely to engage in sexually
violent behavior. The legislature further finds that sex offenders' likelihood of engaging in repeat acts of predatory sexual
violence is high. The existing involuntary commitment act,
chapter 71.05 RCW, is inadequate to address the risk to reoffend because during confinement these offenders do not have
access to potential victims and therefore they will not engage
in an overt act during confinement as required by the involuntary treatment act for continued confinement. The legislature
further finds that the prognosis for curing sexually violent
offenders is poor, the treatment needs of this population are
very long term, and the treatment modalities for this population are very different than the traditional treatment modalities for people appropriate for commitment under the involuntary treatment act. [2001 c 286 § 3; 1990 c 3 § 1001.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
71.09.015
71.09.015 Finding—Intent—Clarification. The legislature finds that presentation of evidence related to conditions
of a less restrictive alternative that are beyond the authority of
the court to order, and that would not exist in the absence of
a court order, reduces the public respect for the rule of law
and for the authority of the courts. Consequently, the legislature finds that the decision in In re the Detention of Casper
Ross, 102 Wn. App 108 (2000), is contrary to the legislature's
intent. The legislature hereby clarifies that it intends, and has
[Title 71 RCW—page 30]
always intended, in any proceeding under this chapter that the
court and jury be presented only with conditions that would
exist or that the court would have the authority to order in the
absence of a finding that the person is a sexually violent predator. [2001 c 286 § 1.]
Recommendations—2001 c 286: "The department of social and health
services shall, in consultation with interested stakeholders, develop recommendations for improving the procedures used to notify victims when a sexually violent predator is conditionally released to a less restrictive alternative
under chapter 71.09 RCW, while at the same time maintaining the confidentiality of victim information." [2001 c 286 § 10.]
Application—2001 c 286: "This act applies to all individuals currently
committed or awaiting commitment under chapter 71.09 RCW either on,
before, or after May 14, 2001, whether confined in a secure facility or on
conditional release." [2001 c 286 § 14.]
Effective date—2001 c 286: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 2001]." [2001 c 286 § 15.]
71.09.020
71.09.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of social and
health services.
(2) "Health care facility" means any hospital, hospice
care center, licensed or certified health care facility, health
maintenance organization regulated under chapter 48.46
RCW, federally qualified health maintenance organization,
federally approved renal dialysis center or facility, or federally approved blood bank.
(3) "Health care practitioner" means an individual or
firm licensed or certified to engage actively in a regulated
health profession.
(4) "Health care services" means those services provided
by health professionals licensed pursuant to RCW
18.120.020(4).
(5) "Health profession" means those licensed or regulated professions set forth in RCW 18.120.020(4).
(6) "Less restrictive alternative" means court-ordered
treatment in a setting less restrictive than total confinement
which satisfies the conditions set forth in RCW 71.09.092.
(7) "Likely to engage in predatory acts of sexual violence
if not confined in a secure facility" means that the person
more probably than not will engage in such acts if released
unconditionally from detention on the sexually violent predator petition. Such likelihood must be evidenced by a recent
overt act if the person is not totally confined at the time the
petition is filed under RCW 71.09.030.
(8) "Mental abnormality" means a congenital or acquired
condition affecting the emotional or volitional capacity
which predisposes the person to the commission of criminal
sexual acts in a degree constituting such person a menace to
the health and safety of others.
(9) "Predatory" means acts directed towards: (a) Strangers; (b) individuals with whom a relationship has been established or promoted for the primary purpose of victimization;
or (c) persons of casual acquaintance with whom no substantial personal relationship exists.
(10) "Recent overt act" means any act or threat that has
either caused harm of a sexually violent nature or creates a
reasonable apprehension of such harm in the mind of an
(2004 Ed.)
Sexually Violent Predators
objective person who knows of the history and mental condition of the person engaging in the act.
(11) "Risk potential activity" or "risk potential facility"
means an activity or facility that provides a higher incidence
of risk to the public from persons conditionally released from
the special commitment center. Risk potential activities and
facilities include: Public and private schools, school bus
stops, licensed day care and licensed preschool facilities,
public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, public and private youth camps, and others identified by the department
following the hearings on a potential site required in RCW
71.09.315. For purposes of this chapter, "school bus stops"
does not include bus stops established primarily for public
transit.
(12) "Secretary" means the secretary of social and health
services or the secretary's designee.
(13) "Secure facility" means a residential facility for persons civilly confined under the provisions of this chapter that
includes security measures sufficient to protect the community. Such facilities include total confinement facilities,
secure community transition facilities, and any residence
used as a court-ordered placement under RCW 71.09.096.
(14) "Secure community transition facility" means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has supervision
and security, and either provides or ensures the provision of
sex offender treatment services. Secure community transition facilities include but are not limited to the facility established pursuant to RCW 71.09.250(1)(a)(i) and any community-based facilities established under this chapter and operated by the secretary or under contract with the secretary.
(15) "Sexually violent offense" means an act committed
on, before, or after July 1, 1990, that is: (a) An act defined in
Title 9A RCW as rape in the first degree, rape in the second
degree by forcible compulsion, rape of a child in the first or
second degree, statutory rape in the first or second degree,
indecent liberties by forcible compulsion, indecent liberties
against a child under age fourteen, incest against a child
under age fourteen, or child molestation in the first or second
degree; (b) a felony offense in effect at any time prior to July
1, 1990, that is comparable to a sexually violent offense as
defined in (a) of this subsection, or any federal or out-of-state
conviction for a felony offense that under the laws of this
state would be a sexually violent offense as defined in this
subsection; (c) an act of murder in the first or second degree,
assault in the first or second degree, assault of a child in the
first or second degree, kidnapping in the first or second
degree, burglary in the first degree, residential burglary, or
unlawful imprisonment, which act, either at the time of sentencing for the offense or subsequently during civil commitment proceedings pursuant to this chapter, has been determined beyond a reasonable doubt to have been sexually motivated, as that term is defined in RCW 9.94A.030; or (d) an act
as described in chapter 9A.28 RCW, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the
felonies designated in (a), (b), or (c) of this subsection.
(16) "Sexually violent predator" means any person who
has been convicted of or charged with a crime of sexual vio(2004 Ed.)
71.09.025
lence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in
predatory acts of sexual violence if not confined in a secure
facility.
(17) "Total confinement facility" means a secure facility
that provides supervision and sex offender treatment services
in a total confinement setting. Total confinement facilities
include the special commitment center and any similar facility designated as a total confinement facility by the secretary.
[2003 c 216 § 2; 2003 c 50 § 1; 2002 c 68 § 4; 2002 c 58 § 2;
2001 2nd sp.s. c 12 § 102; 2001 c 286 § 4; 1995 c 216 § 1;
1992 c 145 § 17; 1990 1st ex.s. c 12 § 2; 1990 c 3 § 1002.]
Reviser's note: This section was amended by 2003 c 50 § 1 and by
2003 c 216 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
Application—2003 c 50: "This act applies prospectively only and not
retroactively and does not apply to development regulations adopted or
amended prior to April 17, 2003." [2003 c 50 § 3.]
Effective date—2003 c 50: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 17, 2003]." [2003 c 50 § 4.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Effective date—2002 c 58: See note following RCW 71.09.085.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
Effective date—1990 1st ex.s. c 12: See note following RCW
13.40.020.
71.09.025
71.09.025 Notice to prosecuting attorney prior to
release. (1)(a) When it appears that a person may meet the
criteria of a sexually violent predator as defined in *RCW
71.09.020(1), the agency with jurisdiction shall refer the person in writing to the prosecuting attorney of the county where
that person was charged, three months prior to:
(i) The anticipated release from total confinement of a
person who has been convicted of a sexually violent offense;
(ii) The anticipated release from total confinement of a
person found to have committed a sexually violent offense as
a juvenile;
(iii) Release of a person who has been charged with a
sexually violent offense and who has been determined to be
incompetent to stand trial pursuant to RCW 10.77.090(4); or
(iv) Release of a person who has been found not guilty
by reason of insanity of a sexually violent offense pursuant to
**RCW 10.77.020(3).
(b) The agency shall provide the prosecutor with all relevant information including but not limited to the following
information:
(i) A complete copy of the institutional records compiled
by the department of corrections relating to the person, and
any such out-of-state department of corrections' records, if
available;
(ii) A complete copy, if applicable, of any file compiled
by the indeterminate sentence review board relating to the
person;
[Title 71 RCW—page 31]
71.09.030
Title 71 RCW: Mental Illness
(iii) All records relating to the psychological or psychiatric evaluation and/or treatment of the person;
(iv) A current record of all prior arrests and convictions,
and full police case reports relating to those arrests and convictions; and
(v) A current mental health evaluation or mental health
records review.
(2) This section applies to acts committed before, on, or
after March 26, 1992.
(3) The agency, its employees, and officials shall be
immune from liability for any good-faith conduct under this
section.
(4) As used in this section, "agency with jurisdiction"
means that agency with the authority to direct the release of a
person serving a sentence or term of confinement and
includes the department of corrections, the indeterminate
sentence review board, and the department of social and
health services. [2001 c 286 § 5; 1995 c 216 § 2; 1992 c 45 §
3.]
Reviser's note: *(1) RCW 71.09.020 was amended by 2001 2nd sp.s. c
12 § 102, changing subsection (1) to subsection (12). RCW 71.09.020 was
subsequently amended by 2002 c 58 § 2, changing subsection (12) to subsection (16).
**(2) RCW 10.77.020 was amended by 1998 c 297 § 30, deleting subsection (3).
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
Severability—Application—1992 c 45: See notes following RCW
9.94A.840.
71.09.030 Sexually violent predator petition—Filing.
When it appears that: (1) A person who at any time previously has been convicted of a sexually violent offense is
about to be released from total confinement on, before, or
after July 1, 1990; (2) a person found to have committed a
sexually violent offense as a juvenile is about to be released
from total confinement on, before, or after July 1, 1990; (3) a
person who has been charged with a sexually violent offense
and who has been determined to be incompetent to stand trial
is about to be released, or has been released on, before, or
after July 1, 1990, pursuant to *RCW 10.77.090(3); (4) a person who has been found not guilty by reason of insanity of a
sexually violent offense is about to be released, or has been
released on, before, or after July 1, 1990, pursuant to RCW
**10.77.020(3), 10.77.110 (1) or (3), or 10.77.150; or (5) a
person who at any time previously has been convicted of a
sexually violent offense and has since been released from
total confinement and has committed a recent overt act; and it
appears that the person may be a sexually violent predator,
the prosecuting attorney of the county where the person was
convicted or charged or the attorney general if requested by
the prosecuting attorney may file a petition alleging that the
person is a "sexually violent predator" and stating sufficient
facts to support such allegation. [1995 c 216 § 3; 1992 c 45 §
4; 1990 1st ex.s. c 12 § 3; 1990 c 3 § 1003.]
71.09.030
Reviser's note: *(1) RCW 10.77.090 was amended by 1998 c 297 § 38,
changing subsection (3) to subsection (4).
**(2) RCW 10.77.020 was amended by 1998 c 297 § 30, deleting subsection (3).
Severability—Application—1992 c 45: See notes following RCW
9.94A.840.
Effective date—1990 1st ex.s. c 12: See note following RCW
13.40.020.
[Title 71 RCW—page 32]
71.09.040
71.09.040 Sexually violent predator petition—Probable cause hearing—Judicial determination—Transfer for
evaluation. (1) Upon the filing of a petition under RCW
71.09.030, the judge shall determine whether probable cause
exists to believe that the person named in the petition is a sexually violent predator. If such determination is made the
judge shall direct that the person be taken into custody.
(2) Within seventy-two hours after a person is taken into
custody pursuant to subsection (1) of this section, the court
shall provide the person with notice of, and an opportunity to
appear in person at, a hearing to contest probable cause as to
whether the person is a sexually violent predator. At this
hearing, the court shall (a) verify the person's identity, and (b)
determine whether probable cause exists to believe that the
person is a sexually violent predator. At the probable cause
hearing, the state may rely upon the petition and certification
for determination of probable cause filed pursuant to RCW
71.09.030. The state may supplement this with additional
documentary evidence or live testimony.
(3) At the probable cause hearing, the person shall have
the following rights in addition to the rights previously specified: (a) To be represented by counsel; (b) to present evidence on his or her behalf; (c) to cross-examine witnesses
who testify against him or her; (d) to view and copy all petitions and reports in the court file.
(4) If the probable cause determination is made, the
judge shall direct that the person be transferred to an appropriate facility for an evaluation as to whether the person is a
sexually violent predator. The evaluation shall be conducted
by a person deemed to be professionally qualified to conduct
such an examination pursuant to rules developed by the
department of social and health services. In adopting such
rules, the department of social and health services shall consult with the department of health and the department of corrections. In no event shall the person be released from confinement prior to trial. A witness called by either party shall
be permitted to testify by telephone. [2001 c 286 § 6; 1995 c
216 § 4; 1990 c 3 § 1004.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
71.09.050
71.09.050 Trial—Rights of parties. (1) Within fortyfive days after the completion of any hearing held pursuant to
RCW 71.09.040, the court shall conduct a trial to determine
whether the person is a sexually violent predator. The trial
may be continued upon the request of either party and a
showing of good cause, or by the court on its own motion in
the due administration of justice, and when the respondent
will not be substantially prejudiced. At all stages of the proceedings under this chapter, any person subject to this chapter
shall be entitled to the assistance of counsel, and if the person
is indigent, the court shall appoint counsel to assist him or
her. The person shall be confined in a secure facility for the
duration of the trial.
(2) Whenever any person is subjected to an examination
under this chapter, he or she may retain experts or professional persons to perform an examination on their behalf.
When the person wishes to be examined by a qualified expert
or professional person of his or her own choice, such examiner shall be permitted to have reasonable access to the person for the purpose of such examination, as well as to all rel(2004 Ed.)
Sexually Violent Predators
evant medical and psychological records and reports. In the
case of a person who is indigent, the court shall, upon the person's request, assist the person in obtaining an expert or professional person to perform an examination or participate in
the trial on the person's behalf.
(3) The person, the prosecuting attorney or attorney general, or the judge shall have the right to demand that the trial
be before a twelve-person jury. If no demand is made, the
trial shall be before the court. [1995 c 216 § 5; 1990 c 3 §
1005.]
71.09.060 Trial—Determination—Commitment procedures. (1) The court or jury shall determine whether,
beyond a reasonable doubt, the person is a sexually violent
predator. In determining whether or not the person would be
likely to engage in predatory acts of sexual violence if not
confined in a secure facility, the fact finder may consider
only placement conditions and voluntary treatment options
that would exist for the person if unconditionally released
from detention on the sexually violent predator petition.
When the determination is made by a jury, the verdict must
be unanimous.
If, on the date that the petition is filed, the person was
living in the community after release from custody, the state
must also prove beyond a reasonable doubt that the person
had committed a recent overt act. If the state alleges that the
prior sexually violent offense that forms the basis for the petition for commitment was an act that was sexually motivated
as provided in *RCW 71.09.020(6)(c), the state must prove
beyond a reasonable doubt that the alleged sexually violent
act was sexually motivated as defined in RCW 9.94A.030.
If the court or jury determines that the person is a sexually violent predator, the person shall be committed to the
custody of the department of social and health services for
placement in a secure facility operated by the department of
social and health services for control, care, and treatment
until such time as: (a) The person's condition has so changed
that the person no longer meets the definition of a sexually
violent predator; or (b) conditional release to a less restrictive
alternative as set forth in RCW 71.09.092 is in the best interest of the person and conditions can be imposed that would
adequately protect the community.
If the court or unanimous jury decides that the state has
not met its burden of proving that the person is a sexually violent predator, the court shall direct the person's release.
If the jury is unable to reach a unanimous verdict, the
court shall declare a mistrial and set a retrial within forty-five
days of the date of the mistrial unless the prosecuting agency
earlier moves to dismiss the petition. The retrial may be continued upon the request of either party accompanied by a
showing of good cause, or by the court on its own motion in
the due administration of justice provided that the respondent
will not be substantially prejudiced. In no event may the person be released from confinement prior to retrial or dismissal
of the case.
(2) If the person charged with a sexually violent offense
has been found incompetent to stand trial, and is about to or
has been released pursuant to RCW 10.77.090(4), and his or
her commitment is sought pursuant to subsection (1) of this
section, the court shall first hear evidence and determine
whether the person did commit the act or acts charged if the
71.09.060
(2004 Ed.)
71.09.070
court did not enter a finding prior to dismissal under RCW
10.77.090(4) that the person committed the act or acts
charged. The hearing on this issue must comply with all the
procedures specified in this section. In addition, the rules of
evidence applicable in criminal cases shall apply, and all constitutional rights available to defendants at criminal trials,
other than the right not to be tried while incompetent, shall
apply. After hearing evidence on this issue, the court shall
make specific findings on whether the person did commit the
act or acts charged, the extent to which the person's incompetence or developmental disability affected the outcome of the
hearing, including its effect on the person's ability to consult
with and assist counsel and to testify on his or her own behalf,
the extent to which the evidence could be reconstructed without the assistance of the person, and the strength of the prosecution's case. If, after the conclusion of the hearing on this
issue, the court finds, beyond a reasonable doubt, that the person did commit the act or acts charged, it shall enter a final
order, appealable by the person, on that issue, and may proceed to consider whether the person should be committed
pursuant to this section.
(3) The state shall comply with RCW 10.77.220 while
confining the person pursuant to this chapter, except that during all court proceedings the person shall be detained in a
secure facility. The department shall not place the person,
even temporarily, in a facility on the grounds of any state
mental facility or regional habilitation center because these
institutions are insufficiently secure for this population.
(4) A court has jurisdiction to order a less restrictive
alternative placement only after a hearing ordered pursuant to
RCW 71.09.090 following initial commitment under this section and in accord with the provisions of this chapter. [2001
c 286 § 7; 1998 c 146 § 1; 1995 c 216 § 6; 1990 1st ex.s. c 12
§ 4; 1990 c 3 § 1006.]
*Reviser's note: RCW 71.09.020 was amended by 2001 2nd sp.s. c 12
§ 102, changing subsection (6)(c) to subsection (11)(c). RCW 71.09.020 was
subsequently amended by 2002 c 58 § 2, changing subsection (11)(c) to subsection (15)(c).
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
Effective date—1998 c 146: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 25, 1998]." [1998 c 146 § 2.]
Effective date—1990 1st ex.s. c 12: See note following RCW
13.40.020.
71.09.070
71.09.070 Annual examinations of persons committed under chapter. Each person committed under this chapter shall have a current examination of his or her mental condition made by the department of social and health services at
least once every year. The annual report shall include consideration of whether the committed person currently meets the
definition of a sexually violent predator and whether conditional release to a less restrictive alternative is in the best
interest of the person and conditions can be imposed that
would adequately protect the community. The department of
social and health services shall file this periodic report with
the court that committed the person under this chapter. The
report shall be in the form of a declaration or certification in
compliance with the requirements of RCW 9A.72.085 and
shall be prepared by a professionally qualified person as
[Title 71 RCW—page 33]
71.09.080
Title 71 RCW: Mental Illness
defined by rules adopted by the secretary. A copy of the
report shall be served on the prosecuting agency involved in
the initial commitment and upon the committed person and
his or her counsel. The committed person may retain, or if he
or she is indigent and so requests, the court may appoint a
qualified expert or a professional person to examine him or
her, and such expert or professional person shall have access
to all records concerning the person. [2001 c 286 § 8; 1995 c
216 § 7; 1990 c 3 § 1007.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
71.09.080
71.09.080 Rights of persons committed under this
chapter. (1) Any person subjected to restricted liberty as a
sexually violent predator pursuant to this chapter shall not
forfeit any legal right or suffer any legal disability as a consequence of any actions taken or orders made, other than as specifically provided in this chapter.
(2) Any person committed pursuant to this chapter has
the right to adequate care and individualized treatment. The
department of social and health services shall keep records
detailing all medical, expert, and professional care and treatment received by a committed person, and shall keep copies
of all reports of periodic examinations made pursuant to this
chapter. All such records and reports shall be made available
upon request only to: The committed person, his or her attorney, the prosecuting attorney, the court, the protection and
advocacy agency, or another expert or professional person
who, upon proper showing, demonstrates a need for access to
such records.
(3) At the time a person is taken into custody or transferred into a facility pursuant to a petition under this chapter,
the professional person in charge of such facility or his or her
designee shall take reasonable precautions to inventory and
safeguard the personal property of the persons detained or
transferred. A copy of the inventory, signed by the staff member making it, shall be given to the person detained and shall,
in addition, be open to inspection to any responsible relative,
subject to limitations, if any, specifically imposed by the
detained person. For purposes of this subsection, "responsible relative" includes the guardian, conservator, attorney,
spouse, parent, adult child, or adult brother or sister of the
person. The facility shall not disclose the contents of the
inventory to any other person without consent of the patient
or order of the court.
(4) Nothing in this chapter prohibits a person presently
committed from exercising a right presently available to him
or her for the purpose of obtaining release from confinement,
including the right to petition for a writ of habeas corpus.
(5) No indigent person may be conditionally released or
unconditionally discharged under this chapter without suitable clothing, and the secretary shall furnish the person with
such sum of money as is required by RCW 72.02.100 for persons without ample funds who are released from correctional
institutions. As funds are available, the secretary may provide
payment to the indigent persons conditionally released pursuant to this chapter consistent with the optional provisions of
RCW 72.02.100 and 72.02.110, and may adopt rules to do so.
[1995 c 216 § 8; 1990 c 3 § 1008.]
[Title 71 RCW—page 34]
71.09.085
71.09.085 Medical care—Contracts for services. (1)
Notwithstanding any other provisions of law, the secretary
may enter into contracts with health care practitioners, health
care facilities, and other entities or agents as may be necessary to provide basic medical care to residents. The contracts
shall not cause the termination of classified employees of the
department rendering the services at the time the contract is
executed.
(2) In contracting for services, the secretary is authorized
to provide for indemnification of health care practitioners
who cannot obtain professional liability insurance through
reasonable effort, from liability on any action, claim, or proceeding instituted against them arising out of the good faith
performance or failure of performance of services on behalf
of the department. The contracts may provide that for the purposes of chapter 4.92 RCW only, those health care practitioners with whom the department has contracted shall be considered state employees. [2002 c 58 § 1.]
Effective date—2002 c 58: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 21, 2002]." [2002 c 58 § 3.]
71.09.090
71.09.090 Petition for conditional release to less
restrictive alternative or unconditional discharge—Procedures. (1) If the secretary determines that either: (a) The
person's condition has so changed that the person no longer
meets the definition of a sexually violent predator; or (b) conditional release to a less restrictive alternative is in the best
interest of the person and conditions can be imposed that adequately protect the community, the secretary shall authorize
the person to petition the court for conditional release to a
less restrictive alternative or unconditional discharge. The
petition shall be filed with the court and served upon the prosecuting agency responsible for the initial commitment. The
court, upon receipt of the petition for conditional release to a
less restrictive alternative or unconditional discharge, shall
within forty-five days order a hearing.
(2)(a) Nothing contained in this chapter shall prohibit the
person from otherwise petitioning the court for conditional
release to a less restrictive alternative or unconditional discharge without the secretary's approval. The secretary shall
provide the committed person with an annual written notice
of the person's right to petition the court for conditional
release to a less restrictive alternative or unconditional discharge over the secretary's objection. The notice shall contain
a waiver of rights. The secretary shall file the notice and
waiver form and the annual report with the court. If the person does not affirmatively waive the right to petition, the
court shall set a show cause hearing to determine whether
probable cause exists to warrant a hearing on whether: (i)
The person's condition has so changed that he or she no
longer meets the definition of a sexually violent predator; or
(ii) conditional release to a less restrictive alternative would
be in the best interest of the person and conditions can be
imposed that would adequately protect the community.
(b) The committed person shall have a right to have an
attorney represent him or her at the show cause hearing,
which may be conducted solely on the basis of affidavits or
declarations, but the person is not entitled to be present at the
show cause hearing. At the show cause hearing, the prosecut(2004 Ed.)
Sexually Violent Predators
ing attorney or attorney general shall present prima facie evidence establishing that the committed person continues to
meet the definition of a sexually violent predator and that a
less restrictive alternative is not in the best interest of the person and conditions cannot be imposed that adequately protect
the community. In making this showing, the state may rely
exclusively upon the annual report prepared pursuant to
RCW 71.09.070. The committed person may present responsive affidavits or declarations to which the state may reply.
(c) If the court at the show cause hearing determines that
either: (i) The state has failed to present prima facie evidence
that the committed person continues to meet the definition of
a sexually violent predator and that no proposed less restrictive alternative is in the best interest of the person and conditions cannot be imposed that would adequately protect the
community; or (ii) probable cause exists to believe that the
person's condition has so changed that: (A) The person no
longer meets the definition of a sexually violent predator; or
(B) release to a less restrictive alternative would be in the best
interest of the person and conditions can be imposed that
would adequately protect the community, then the court shall
set a hearing on either or both issues.
(d) If the court has not previously considered the issue of
release to a less restrictive alternative, either through a trial
on the merits or through the procedures set forth in RCW
71.09.094(1), the court shall consider whether release to a
less restrictive alternative would be in the best interests of the
person and conditions can be imposed that would adequately
protect the community, without considering whether the person's condition has changed.
(3)(a) At the hearing resulting from subsection (1) or (2)
of this section, the committed person shall be entitled to be
present and to the benefit of all constitutional protections that
were afforded to the person at the initial commitment proceeding. The prosecuting agency or the attorney general if
requested by the county shall represent the state and shall
have a right to a jury trial and to have the committed person
evaluated by experts chosen by the state. The committed person shall also have the right to a jury trial and the right to
have experts evaluate him or her on his or her behalf and the
court shall appoint an expert if the person is indigent and
requests an appointment.
(b) If the issue at the hearing is whether the person
should be unconditionally discharged, the burden of proof
shall be upon the state to prove beyond a reasonable doubt
that the committed person's condition remains such that the
person continues to meet the definition of a sexually violent
predator. Evidence of the prior commitment trial and disposition is admissible.
(c) If the issue at the hearing is whether the person
should be conditionally released to a less restrictive alternative, the burden of proof at the hearing shall be upon the state
to prove beyond a reasonable doubt that conditional release
to any proposed less restrictive alternative either: (i) Is not in
the best interest of the committed person; or (ii) does not
include conditions that would adequately protect the community. Evidence of the prior commitment trial and disposition
is admissible.
(4) The jurisdiction of the court over a person civilly
committed pursuant to this chapter continues until such time
(2004 Ed.)
71.09.096
as the person is unconditionally discharged. [2001 c 286 § 9;
1995 c 216 § 9; 1992 c 45 § 7; 1990 c 3 § 1009.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
Severability—Application—1992 c 45: See notes following RCW
9.94A.840.
71.09.092
71.09.092 Conditional release to less restrictive alternative—Findings. Before the court may enter an order
directing conditional release to a less restrictive alternative, it
must find the following: (1) The person will be treated by a
treatment provider who is qualified to provide such treatment
in the state of Washington under chapter 18.155 RCW; (2)
the treatment provider has presented a specific course of
treatment and has agreed to assume responsibility for such
treatment and will report progress to the court on a regular
basis, and will report violations immediately to the court, the
prosecutor, the supervising community corrections officer,
and the superintendent of the special commitment center; (3)
housing exists that is sufficiently secure to protect the community, and the person or agency providing housing to the
conditionally released person has agreed in writing to accept
the person, to provide the level of security required by the
court, and immediately to report to the court, the prosecutor,
the supervising community corrections officer, and the superintendent of the special commitment center if the person
leaves the housing to which he or she has been assigned without authorization; (4) the person is willing to comply with the
treatment provider and all requirements imposed by the treatment provider and by the court; and (5) the person is willing
to comply with supervision requirements imposed by the
department of corrections. [1995 c 216 § 10.]
71.09.094
71.09.094 Conditional release to less restrictive alternative—Verdict. (1) Upon the conclusion of the evidence in
a hearing held pursuant to RCW 71.09.090 or through summary judgment proceedings prior to such a hearing, if the
court finds that there is no legally sufficient evidentiary basis
for a reasonable jury to find that the conditions set forth in
RCW 71.09.092 have been met, the court shall grant a motion
by the state for a judgment as a matter of law on the issue of
conditional release to a less restrictive alternative.
(2) Whenever the issue of conditional release to a less
restrictive alternative is submitted to the jury, the court shall
instruct the jury to return a verdict in substantially the following form: Has the state proved beyond a reasonable doubt
that either: (a) The proposed less restrictive alternative is not
in the best interests of respondent; or (b) does not include
conditions that would adequately protect the community?
Answer: Yes or No. [2001 c 286 § 11; 1995 c 216 § 11.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
71.09.096
71.09.096 Conditional release to less restrictive alternative—Judgment—Conditions—Annual review. (1) If
the court or jury determines that conditional release to a less
restrictive alternative is in the best interest of the person and
includes conditions that would adequately protect the community, and the court determines that the minimum conditions set forth in RCW 71.09.092 and in this section are met,
[Title 71 RCW—page 35]
71.09.098
Title 71 RCW: Mental Illness
the court shall enter judgment and direct a conditional
release.
(2) The court shall impose any additional conditions necessary to ensure compliance with treatment and to protect the
community. If the court finds that conditions do not exist that
will both ensure the person's compliance with treatment and
protect the community, then the person shall be remanded to
the custody of the department of social and health services for
control, care, and treatment in a secure facility as designated
in RCW 71.09.060(1).
(3) If the service provider designated by the court to provide inpatient or outpatient treatment or to monitor or supervise any other terms and conditions of a person's placement in
a less restrictive alternative is other than the department of
social and health services or the department of corrections,
then the service provider so designated must agree in writing
to provide such treatment, monitoring, or supervision in
accord with this section. Any person providing or agreeing to
provide treatment, monitoring, or supervision services pursuant to this chapter may be compelled to testify and any privilege with regard to such person's testimony is deemed
waived.
(4) Prior to authorizing any release to a less restrictive
alternative, the court shall impose such conditions upon the
person as are necessary to ensure the safety of the community. The court shall order the department of corrections to
investigate the less restrictive alternative and recommend any
additional conditions to the court. These conditions shall
include, but are not limited to the following: Specification of
residence, prohibition of contact with potential or past victims, prohibition of alcohol and other drug use, participation
in a specific course of inpatient or outpatient treatment that
may include monitoring by the use of polygraph and plethysmograph, supervision by a department of corrections community corrections officer, a requirement that the person
remain within the state unless the person receives prior
authorization by the court, and any other conditions that the
court determines are in the best interest of the person or others. A copy of the conditions of release shall be given to the
person and to any designated service providers.
(5) Any service provider designated to provide inpatient
or outpatient treatment shall monthly, or as otherwise
directed by the court, submit to the court, to the department of
social and health services facility from which the person was
released, to the prosecutor of the county in which the person
was found to be a sexually violent predator, and to the supervising community corrections officer, a report stating
whether the person is complying with the terms and conditions of the conditional release to a less restrictive alternative.
(6) Each person released to a less restrictive alternative
shall have his or her case reviewed by the court that released
him or her no later than one year after such release and annually thereafter until the person is unconditionally discharged.
Review may occur in a shorter time or more frequently, if the
court, in its discretion on its own motion, or on motion of the
person, the secretary, or the prosecuting attorney so determines. The sole question to be determined by the court is
whether the person shall continue to be conditionally released
to a less restrictive alternative. The court in making its determination shall be aided by the periodic reports filed pursuant
to subsection (5) of this section and the opinions of the secre[Title 71 RCW—page 36]
tary and other experts or professional persons. [2001 c 286 §
12; 1995 c 216 § 12.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
71.09.098
71.09.098 Conditional release to less restrictive alternative—Hearing on revocation or modification—Authority to apprehend conditionally released person. (1) Any
service provider submitting reports pursuant to RCW
71.09.096(6), the supervising community corrections officer,
the prosecuting attorney, or the attorney general may petition
the court, or the court on its own motion may schedule an
immediate hearing, for the purpose of revoking or modifying
the terms of the person's conditional release to a less restrictive alternative if the petitioner or the court believes the
released person is not complying with the terms and conditions of his or her release or is in need of additional care,
monitoring, supervision, or treatment.
(2) If the prosecuting attorney, the supervising community corrections officer, or the court, based upon information
received by them, reasonably believes that a conditionally
released person is not complying with the terms and conditions of his or her conditional release to a less restrictive
alternative, the court or community corrections officer may
order that the conditionally released person be apprehended
and taken into custody until such time as a hearing can be
scheduled to determine the facts and whether or not the person's conditional release should be revoked or modified. The
court shall be notified before the close of the next judicial day
of the person's apprehension. Both the prosecuting attorney
and the conditionally released person shall have the right to
request an immediate mental examination of the conditionally released person. If the conditionally released person is
indigent, the court shall, upon request, assist him or her in
obtaining a qualified expert or professional person to conduct
the examination.
(3) The court, upon receiving notification of the person's
apprehension, shall promptly schedule a hearing. The issue to
be determined is whether the state has proven by a preponderance of the evidence that the conditionally released person
did not comply with the terms and conditions of his or her
release. Hearsay evidence is admissible if the court finds it
otherwise reliable. At the hearing, the court shall determine
whether the person shall continue to be conditionally released
on the same or modified conditions or whether his or her conditional release shall be revoked and he or she shall be committed to total confinement, subject to release only in accordance with provisions of this chapter. [2001 c 286 § 13; 1995
c 216 § 13.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
71.09.110
71.09.110 Department of social and health services—
Duties—Reimbursement. The department of social and
health services shall be responsible for all costs relating to the
evaluation and treatment of persons committed to their custody whether in a secure facility or under a less restrictive
alternative under any provision of this chapter. Reimbursement may be obtained by the department for the cost of care
and treatment of persons committed to its custody whether in
a secure facility or under a less restrictive alternative pursuant
(2004 Ed.)
Sexually Violent Predators
to RCW 43.20B.330 through 43.20B.370. [1995 c 216 § 14;
1990 c 3 § 1011.]
71.09.112
71.09.112 Department of social and health services—
Jurisdiction continues after criminal conviction—Exception. A person subject to court order under the provisions of
this chapter who is thereafter convicted of a criminal offense
remains under the jurisdiction of the department following:
(1) Completion of the criminal sentence; or (2) release from
confinement in a state or local correctional facility, and shall
be returned to the custody of the department.
This section does not apply to persons subject to a court
order under the provisions of this chapter who are thereafter
sentenced to life without the possibility of release. [2002 c 19
§ 1.]
71.09.115
71.09.115 Record check required for employees of
secure facility. (1) The safety and security needs of the
secure facility operated by the department of social and
health services pursuant to RCW 71.09.060(1) make it vital
that employees working in the facility meet necessary character, suitability, and competency qualifications. The secretary
shall require a record check through the Washington state
patrol criminal identification system under chapter 10.97
RCW and through the federal bureau of investigation. The
record check must include a fingerprint check using a complete Washington state criminal identification fingerprint
card. The criminal history record checks shall be at the
expense of the department. The secretary shall use the information only in making the initial employment or engagement
decision, except as provided in subsection (2) of this section.
Further dissemination or use of the record is prohibited.
(2) This section applies to all current employees hired
prior to June 6, 1996, who have not previously submitted to a
department of social and health services criminal history
records check. The secretary shall use the information only in
determining whether the current employee meets the necessary character, suitability, and competency requirements for
employment or engagement. [1996 c 27 § 1.]
71.09.120
71.09.120 Release of information authorized. In addition to any other information required to be released under
this chapter, the department is authorized, pursuant to RCW
4.24.550, to release relevant information that is necessary to
protect the public, concerning a specific sexually violent
predator committed under this chapter. [1990 c 3 § 1012.]
71.09.130
71.09.130 Notice of escape or disappearance. In the
event of an escape by a person committed under this chapter
from a state institution or the disappearance of such a person
while on conditional release, the superintendent or community corrections officer shall notify the following as appropriate: Local law enforcement officers, other governmental
agencies, the person's relatives, and any other appropriate
persons about information necessary for the public safety or
to assist in the apprehension of the person. [1995 c 216 § 16.]
71.09.135
71.09.135 McNeil Island—Escape planning,
response. The emergency response team for McNeil Island
shall plan, coordinate, and respond in the event of an escape
(2004 Ed.)
71.09.140
from the special commitment center or the secure community
transition facility. [2003 c 216 § 6.]
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
71.09.140
71.09.140 Notice of conditional release or unconditional discharge—Notice of escape and recapture. (1) At
the earliest possible date, and in no event later than thirty
days before conditional release or unconditional discharge,
except in the event of escape, the department of social and
health services shall send written notice of conditional
release, unconditional discharge, or escape, to the following:
(a) The chief of police of the city, if any, in which the
person will reside or in which placement will be made under
a less restrictive alternative;
(b) The sheriff of the county in which the person will
reside or in which placement will be made under a less
restrictive alternative; and
(c) The sheriff of the county where the person was last
convicted of a sexually violent offense, if the department
does not know where the person will reside.
The department shall notify the state patrol of the release
of all sexually violent predators and that information shall be
placed in the Washington crime information center for dissemination to all law enforcement.
(2) The same notice as required by subsection (1) of this
section shall be sent to the following if such notice has been
requested in writing about a specific person found to be a sexually violent predator under this chapter:
(a) The victim or victims of any sexually violent offenses
for which the person was convicted in the past or the victim's
next of kin if the crime was a homicide. "Next of kin" as used
in this section means a person's spouse, parents, siblings, and
children;
(b) Any witnesses who testified against the person in his
or her commitment trial under RCW 71.09.060; and
(c) Any person specified in writing by the prosecuting
attorney.
Information regarding victims, next of kin, or witnesses
requesting the notice, information regarding any other person
specified in writing by the prosecuting attorney to receive the
notice, and the notice are confidential and shall not be available to the committed person.
(3) If a person committed as a sexually violent predator
under this chapter escapes from a department of social and
health services facility, the department shall immediately
notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the
county in which the committed person resided immediately
before his or her commitment as a sexually violent predator,
or immediately before his or her incarceration for his or her
most recent offense. If previously requested, the department
shall also notify the witnesses and the victims of the sexually
violent offenses for which the person was convicted in the
past or the victim's next of kin if the crime was a homicide. If
the person is recaptured, the department shall send notice to
the persons designated in this subsection as soon as possible
but in no event later than two working days after the department learns of such recapture.
(4) If the victim or victims of any sexually violent
offenses for which the person was convicted in the past or the
[Title 71 RCW—page 37]
71.09.200
Title 71 RCW: Mental Illness
victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the
parents or legal guardian of the child.
(5) The department of social and health services shall
send the notices required by this chapter to the last address
provided to the department by the requesting party. The
requesting party shall furnish the department with a current
address.
(6) Nothing in this section shall impose any liability
upon a chief of police of a city or sheriff of a county for failing to request in writing a notice as provided in subsection (1)
of this section. [1995 c 216 § 17.]
71.09.200
71.09.200 Escorted leave—Definitions. For purposes
of RCW 71.09.210 through 71.09.230:
(1) "Escorted leave" means a leave of absence from a
facility housing persons detained or committed pursuant to
this chapter under the continuous supervision of an escort.
(2) "Escort" means a correctional officer or other person
approved by the superintendent or the superintendent's designee to accompany a resident on a leave of absence and be in
visual or auditory contact with the resident at all times.
(3) "Resident" means a person detained or committed
pursuant to this chapter. [1995 c 216 § 18.]
71.09.210
71.09.210 Escorted leave—Conditions. The superintendent of any facility housing persons detained or committed pursuant to this chapter may, subject to the approval of
the secretary, grant escorted leaves of absence to residents
confined in such institutions to:
(1) Go to the bedside of the resident's wife, husband,
child, mother or father, or other member of the resident's
immediate family who is seriously ill;
(2) Attend the funeral of a member of the resident's
immediate family listed in subsection (1) of this section; and
(3) Receive necessary medical or dental care which is
not available in the institution. [1995 c 216 § 19.]
71.09.220
71.09.220 Escorted leave—Notice. A resident shall
not be allowed to start a leave of absence under RCW
71.09.210 until the secretary, or the secretary's designee, has
notified any county and city law enforcement agency having
jurisdiction in the area of the resident's destination. [1995 c
216 § 20.]
71.09.230
71.09.230 Escorted leave—Rules. (1) The secretary is
authorized to adopt rules providing for the conditions under
which residents will be granted leaves of absence and providing for safeguards to prevent escapes while on leaves of
absence. Leaves of absence granted to residents under RCW
71.09.210, however, shall not allow or permit any resident to
go beyond the boundaries of this state.
(2) The secretary shall adopt rules requiring reimbursement of the state from the resident granted leave of absence,
or the resident's family, for the actual costs incurred arising
from any leave of absence granted under the authority of
RCW 71.09.210 (1) and (2). No state funds shall be expended
in connection with leaves of absence granted under RCW
71.09.210 (1) and (2) unless the resident and the resident's
immediate family are indigent and without resources suffi[Title 71 RCW—page 38]
cient to reimburse the state for the expenses of such leaves of
absence. [1995 c 216 § 21.]
71.09.250
71.09.250 Transition facility—Siting. (1)(a) The secretary is authorized to site, construct, occupy, and operate (i)
a secure community transition facility on McNeil Island for
persons authorized to petition for a less restrictive alternative
under RCW 71.09.090(1) and who are conditionally released;
and (ii) a special commitment center on McNeil Island with
up to four hundred four beds as a total confinement facility
under this chapter, subject to appropriated funding for those
purposes. The secure community transition facility shall be
authorized for the number of beds needed to ensure compliance with the orders of the superior courts under this chapter
and the federal district court for the western district of Washington. The total number of beds in the secure community
transition facility shall be limited to twenty-four, consisting
of up to fifteen transitional beds and up to nine pretransitional
beds. The residents occupying the transitional beds shall be
the only residents eligible for transitional services occurring
in Pierce county. In no event shall more than fifteen residents
of the secure community transition facility be participating in
off-island transitional, educational, or employment activity at
the same time in Pierce county. The department shall provide
the Pierce county sheriff, or his or her designee, with a list of
the fifteen residents so designated, along with their photographs and physical descriptions, and the list shall be immediately updated whenever a residential change occurs. The
Pierce county sheriff, or his or her designee, shall be provided
an opportunity to confirm the residential status of each resident leaving McNeil Island.
(b) For purposes of this subsection, "transitional beds"
means beds only for residents who are judged by a qualified
expert to be suitable to leave the island for treatment, education, and employment.
(2)(a) The secretary is authorized to site, either within
the secure community transition facility established pursuant
to subsection (1)(a)(i) of this section, or within the special
commitment center, up to nine pretransitional beds.
(b) Residents assigned to pretransitional beds shall not
be permitted to leave McNeil Island for education, employment, treatment, or community activities in Pierce county.
(c) For purposes of this subsection, "pretransitional
beds" means beds for residents whose progress toward a less
secure residential environment and transition into more complete community involvement is projected to take substantially longer than a typical resident of the special commitment center.
(3) Notwithstanding RCW 36.70A.103 or any other law,
this statute preempts and supersedes local plans, development regulations, permitting requirements, inspection
requirements, and all other laws as necessary to enable the
secretary to site, construct, occupy, and operate a secure community transition facility on McNeil Island and a total confinement facility on McNeil Island.
(4) To the greatest extent possible, until June 30, 2003,
persons who were not civilly committed from the county in
which the secure community transition facility established
pursuant to subsection (1) of this section is located may not
be conditionally released to a setting in that same county less
restrictive than that facility.
(2004 Ed.)
Sexually Violent Predators
(5) As of June 26, 2001, the state shall immediately
cease any efforts in effect on such date to site secure community transition facilities, other than the facility authorized by
subsection (1) of this section, and shall instead site such facilities in accordance with the provisions of this section.
(6) The department must:
(a) Identify the minimum and maximum number of
secure community transition facility beds in addition to the
facility established under subsection (1) of this section that
may be necessary for the period of May 2004 through May
2007 and provide notice of these numbers to all counties by
August 31, 2001; and
(b) Develop and publish policy guidelines for the siting
and operation of secure community transition facilities.
(7)(a) The total number of secure community transition
facility beds that may be required to be sited in a county
between June 26, 2001, and June 30, 2008, may be no greater
than the total number of persons civilly committed from that
county, or detained at the special commitment center under a
pending civil commitment petition from that county where a
finding of probable cause had been made on April 1, 2001.
The total number of secure community transition facility
beds required to be sited in each county between July 1, 2008,
and June 30, 2015, may be no greater than the total number of
persons civilly committed from that county or detained at the
special commitment center under a pending civil commitment petition from that county where a finding of probable
cause had been made as of July 1, 2008.
(b) Counties and cities that provide secure community
transition facility beds above the maximum number that they
could be required to site under this subsection are eligible for
a bonus grant under the incentive provisions in RCW
71.09.255. The county where the special commitment center
is located shall receive this bonus grant for the number of
beds in the facility established in subsection (1) of this section in excess of the maximum number established by this
subsection.
(c) No secure community transition facilities in addition
to the one established in subsection (1) of this section may be
required to be sited in the county where the special commitment center is located until after June 30, 2008, provided
however, that the county and its cities may elect to site additional secure community transition facilities and shall be eligible under the incentive provisions of RCW 71.09.255 for
any additional facilities meeting the requirements of that section.
(8) In identifying potential sites within a county for the
location of a secure community transition facility, the department shall work with and assist local governments to provide
for the equitable distribution of such facilities. In coordinating and deciding upon the siting of secure community transition facilities, great weight shall be given by the county and
cities within the county to:
(a) The number and location of existing residential facility beds operated by the department of corrections or the
mental health division of the department of social and health
services in each jurisdiction in the county; and
(b) The number of registered sex offenders classified as
level II or level III and the number of sex offenders registered
as homeless residing in each jurisdiction in the county.
(2004 Ed.)
71.09.252
(9)(a) "Equitable distribution" means siting or locating
secure community transition facilities in a manner that will
not cause a disproportionate grouping of similar facilities
either in any one county, or in any one jurisdiction or community within a county, as relevant; and
(b) "Jurisdiction" means a city, town, or geographic area
of a county in which distinct political or judicial authority
may be exercised. [2003 c 216 § 3; 2001 2nd sp.s. c 12 §
201.]
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
Intent—2001 2nd sp.s. c 12: "The legislature intends the following
omnibus bill to address the management of sex offenders in the civil commitment and criminal justice systems for purposes of public health, safety, and
welfare. Provisions address siting of and continued operation of facilities for
persons civilly committed under chapter 71.09 RCW and sentencing of persons who have committed sex offenses. Other provisions address the need
for sex offender treatment providers with specific credentials. Additional
provisions address the continued operation or authorized expansion of criminal justice facilities at McNeil Island, because these facilities are impacted
by the civil facilities on McNeil Island for persons committed under chapter
71.09 RCW." [2001 2nd sp.s. c 12 § 101.]
Severability—2001 2nd sp.s. c 12: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2001 2nd sp.s. c 12 § 504.]
Effective dates—2001 2nd sp.s. c 12: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 26, 2001], except for sections 301 through 363, 501, and
503 of this act which take effect September 1, 2001." [2001 2nd sp.s. c 12 §
505.]
71.09.2501
71.09.2501 "All other laws" defined. (Expires June
30, 2009.) An emergency has been caused by the need to
expeditiously site facilities to house sexually violent predators who have been committed under this chapter. To meet
this emergency, for purposes of RCW 71.09.250 and
71.09.342, "all other laws" means the state environmental
policy act, the shoreline management act, the hydraulics
code, and all other state laws regulating the protection and
use of the water, land, and air.
This section expires June 30, 2009. [2002 c 68 § 11.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
71.09.252
71.09.252 Transition facilities—Agreements for
regional facilities. (1) To encourage economies of scale in
the siting and operation of secure community transition facilities, the department may enter into an agreement with two or
more counties to create a regional secure community transition facility. The agreement must clearly identify the number
of beds from each county that will be contained in the
regional secure community transition facility. The agreement
must specify which county must contain the regional secure
community transition facility and the facility must be sited
accordingly. No county may withdraw from an agreement
under this section unless it has provided an alternative
acceptable secure community transition facility to house any
displaced residents that meets the criteria established for such
facilities in this chapter and the guidelines established by the
department.
(2) A regional secure community transition facility must
meet the criteria established for secure community transition
[Title 71 RCW—page 39]
71.09.255
Title 71 RCW: Mental Illness
facilities in this chapter and the guidelines established by the
department.
(3) The department shall count the beds identified for
each participating county in a regional secure community
transition facility against the maximum number of beds that
could be required for each county under RCW
71.09.250(7)(a).
(4) An agreement for a regional secure community transition facility does not alter the maximum number of beds for
purposes of the incentive grants under RCW 71.09.255 for
the county containing the regional facility. [2002 c 68 § 18.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
71.09.255
71.09.255 Transition facilities—Incentive grants and
payments. (1) Upon receiving the notification required by
RCW 71.09.250, counties must promptly notify the cities
within the county of the maximum number of secure community transition facility beds that may be required and the projected number of beds to be needed in that county.
(2) The incentive grants and payments provided under
this section are subject to the following provisions:
(a) Counties and the cities within the county must notify
each other of siting plans to promote the establishment and
equitable distribution of secure community transition facilities;
(b) Development regulations, ordinances, plans, laws,
and criteria established for siting must be consistent with statutory requirements and rules applicable to siting and operating secure community transition facilities;
(c) The minimum size for any facility is three beds; and
(d) The department must approve any sites selected.
(3) Any county or city that makes a commitment to initiate the process to site one or more secure community transition facilities by one hundred twenty days after March 21,
2002, shall receive a planning grant as proposed and
approved by the department of community, trade, and economic development.
(4) Any county or city that has issued all necessary permits by May 1, 2003, for one or more secure community transition facilities that comply with the requirements of this section shall receive an incentive grant in the amount of fifty
thousand dollars for each bed sited.
(5) To encourage the rapid permitting of sites, any
county or city that has issued all necessary permits by January 1, 2003, for one or more secure community transition
facilities that comply with the requirements of this section
shall receive a bonus in the amount of twenty percent of the
amount provided under subsection (4) of this section.
(6) Any county or city that establishes secure community
transition facility beds in excess of the maximum number that
could be required to be sited in that county shall receive a
bonus payment of one hundred thousand dollars for each bed
established in excess of the maximum requirement.
(7) No payment shall be made under subsection (4), (5),
or (6) of this section until all necessary permits have been
issued.
(8) The funds available to counties and cities under this
section are contingent upon funds being appropriated by the
legislature. [2002 c 68 § 8; 2001 2nd sp.s. c 12 § 204.]
[Title 71 RCW—page 40]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.260
71.09.260 Transition facilities not limited to residential neighborhoods. The provisions of chapter 12, Laws of
2001 2nd sp. sess. shall not be construed to limit siting of
secure community transition facilities to residential neighborhoods. [2001 2nd sp.s. c 12 § 206.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.265
71.09.265 Transition facilities—Distribution of
impact. (1) The department shall make reasonable efforts to
distribute the impact of the employment, education, and
social services needs of the residents of the secure community transition facility established pursuant to RCW
71.09.250(1) among the adjoining counties and not to concentrate the residents' use of resources in any one community.
(2) The department shall develop policies to ensure that,
to the extent possible, placement of persons eligible in the
future for conditional release to a setting less restrictive than
the facility established pursuant to RCW 71.09.250(1) will be
equitably distributed among the counties and within jurisdictions in the county. [2001 2nd sp.s. c 12 § 208.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.275
71.09.275 Transition facility—Transportation of residents. (1) If the department does not provide a separate vessel for transporting residents of the secure community transition facility established in RCW 71.09.250(1) between
McNeil Island and the mainland, the department shall:
(a) Separate residents from minors and vulnerable adults,
except vulnerable adults who have been found to be sexually
violent predators.
(b) Not transport residents during times when children
are normally coming to and from the mainland for school.
(2) The department shall designate a separate waiting
area at the points of debarkation, and residents shall be
required to remain in this area while awaiting transportation.
(3) The department shall provide law enforcement agencies in the counties and cities in which residents of the secure
community transition facility established pursuant to RCW
71.09.250(1)(a)(i) regularly participate in employment, education, or social services, or through which these persons are
regularly transported, with a copy of the court's order of conditional release with respect to these persons. [2003 c 216 §
4; 2001 2nd sp.s. c 12 § 211.]
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.280
71.09.280 Transition facility—Release to less restrictive placement. When considering whether a person civilly
committed under this chapter and conditionally released to a
secure community transition facility is appropriate for release
to a placement that is less restrictive than that facility, the
court shall comply with the procedures set forth in RCW
(2004 Ed.)
Sexually Violent Predators
71.09.090 through 71.09.096. In addition, the court shall consider whether the person has progressed in treatment to the
point that a significant change in the person's routine, including but not limited to a change of employment, education,
residence, or sex offender treatment provider will not cause
the person to regress to the point that the person presents a
greater risk to the community than can reasonably be
addressed in the proposed placement. [2001 2nd sp.s. c 12 §
212.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.285
71.09.285 Transition facility—Siting policy guidelines. (1) Except with respect to the secure community transition facility established pursuant to RCW 71.09.250, the
secretary shall develop policy guidelines that balance the
average response time of emergency services to the general
area of a proposed secure community transition facility
against the proximity of the proposed site to risk potential
activities and facilities in existence at the time the site is
listed for consideration.
(2) In no case shall the policy guidelines permit location
of a facility adjacent to, immediately across a street or parking lot from, or within the line of sight of a risk potential
activity or facility in existence at the time a site is listed for
consideration. "Within the line of sight" means that it is possible to reasonably visually distinguish and recognize individuals.
(3) The policy guidelines shall require that great weight
be given to sites that are the farthest removed from any risk
potential activity.
(4) The policy guidelines shall specify how distance
from the location is measured and any variations in the measurement based on the size of the property within which a
proposed facility is to be located.
(5) The policy guidelines shall establish a method to analyze and compare the criteria for each site in terms of public
safety and security, site characteristics, and program components. In making a decision regarding a site following the
analysis and comparison, the secretary shall give priority to
public safety and security considerations. The analysis and
comparison of the criteria are to be documented and made
available at the public hearings prescribed in RCW
71.09.315.
(6) Policy guidelines adopted by the secretary under this
section shall be considered by counties and cities when providing for the siting of secure community transition facilities
as required under RCW 36.70A.200. [2002 c 68 § 5; 2001
2nd sp.s. c 12 § 213.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.290
71.09.290 Other transition facilities—Siting policy
guidelines. The secretary shall establish policy guidelines
for the siting of secure community transition facilities, other
than the secure community transition facility established pursuant to RCW 71.09.250(1)(a)(i), which shall include at least
the following minimum requirements:
(2004 Ed.)
71.09.290
(1) The following criteria must be considered prior to
any real property being listed for consideration for the location of or use as a secure community transition facility:
(a) The proximity and response time criteria established
under RCW 71.09.285;
(b) The site or building is available for lease for the
anticipated use period or for purchase;
(c) Security monitoring services and appropriate back-up
systems are available and reliable;
(d) Appropriate mental health and sex offender treatment
providers must be available within a reasonable commute;
and
(e) Appropriate permitting for a secure community transition facility must be possible under the zoning code of the
local jurisdiction.
(2) For sites which meet the criteria of subsection (1) of
this section, the department shall analyze and compare the
criteria in subsections (3) through (5) of this section using the
method established in RCW 71.09.285.
(3) Public safety and security criteria shall include at
least the following:
(a) Whether limited visibility between the facility and
adjacent properties can be achieved prior to placement of any
person;
(b) The distance from, and number of, risk potential
activities and facilities, as measured using the policies
adopted under RCW 71.09.285;
(c) The existence of or ability to establish barriers
between the site and the risk potential facilities and activities;
(d) Suitability of the buildings to be used for the secure
community transition facility with regard to existing or feasibly modified features; and
(e) The availability of electronic monitoring that allows
a resident's location to be determined with specificity.
(4) Site characteristics criteria shall include at least the
following:
(a) Reasonableness of rental, lease, or sale terms including length and renewability of a lease or rental agreement;
(b) Traffic and access patterns associated with the real
property;
(c) Feasibility of complying with zoning requirements
within the necessary time frame; and
(d) A contractor or contractors are available to install,
monitor, and repair the necessary security and alarm systems.
(5) Program characteristics criteria shall include at least
the following:
(a) Reasonable proximity to available medical, mental
health, sex offender, and chemical dependency treatment providers and facilities;
(b) Suitability of the location for programming, staffing,
and support considerations;
(c) Proximity to employment, educational, vocational,
and other treatment plan components.
(6) For purposes of this section "available" or "availability" of qualified treatment providers includes provider qualifications and willingness to provide services, average commute time, and cost of services. [2003 c 216 § 5; 2001 2nd
sp.s. c 12 § 214.]
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
[Title 71 RCW—page 41]
71.09.295
Title 71 RCW: Mental Illness
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.295
71.09.295 Transition facilities—Security systems. (1)
Security systems for all secure community transition facilities shall meet the following minimum qualifications:
(a) The security panel must be a commercial grade panel
with tamper-proof switches and a key-lock to prevent unauthorized access.
(b) There must be an emergency electrical supply system
which shall include a battery back-up system and a generator.
(c) The system must include personal panic devices for
all staff.
(d) The security system must be capable of being monitored and signaled either by telephone through either a land
or cellular telephone system or by private radio network in
the event of a total dial-tone failure or through equivalent
technologies.
(e) The department shall issue photo-identification
badges to all staff which must be worn at all times.
(2) Security systems for the secure community transition
facility established pursuant to RCW 71.09.250(1) shall also
include a fence and provide the maximum protection appropriate in a civil facility for persons in less than total confinement. [2001 2nd sp.s. c 12 § 215.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.300
71.09.300 Transition facilities—Staffing. Secure
community transition facilities shall meet the following minimum staffing requirements:
(1)(a) At any time the census of a facility that accepts its
first resident before July 1, 2003, is six or fewer residents, the
facility shall maintain a minimum staffing ratio of one staff
per three residents during normal waking hours and one
awake staff per four residents during normal sleeping hours.
In no case shall the staffing ratio permit less than two staff per
housing unit.
(b) At any time the census of a facility that accepts its
first resident on or after July 1, 2003, is six or fewer residents,
the facility shall maintain a minimum staffing ratio of one
staff per resident during normal waking hours and two awake
staff per three residents during normal sleeping hours. In no
case shall the staffing ratio permit less than two staff per
housing unit.
(2) At any time the census of a facility is six or fewer residents, all staff shall be classified as residential rehabilitation
counselor II or have a classification that indicates an equivalent or higher level of skill, experience, and training.
(3) Before being assigned to a facility, all staff shall have
training in sex offender issues, self-defense, and crisis deescalation skills in addition to departmental orientation and,
as appropriate, management training. All staff with resident
treatment or care duties must participate in ongoing in-service training.
(4) All staff must pass a departmental background check
and the check is not subject to the limitations in chapter
9.96A RCW. A person who has been convicted of a felony,
or any sex offense, may not be employed at the secure community transition facility or be approved as an escort for a
[Title 71 RCW—page 42]
resident of the facility. [2003 c 216 § 1; 2001 2nd sp.s. c 12
§ 216.]
Severability—2003 c 216: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 216 § 8.]
Effective date—2003 c 216: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 216 § 9.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.305
71.09.305 Transition facility residents—Monitoring,
escorting. (1) Unless otherwise ordered by the court:
(a) Residents of a secure community transition facility
shall wear electronic monitoring devices at all times. To the
extent that electronic monitoring devices that employ global
positioning system technology are available and funds for
this purpose are appropriated by the legislature, the department shall use these devices.
(b) At least one staff member, or other court-authorized
and department-approved person must escort each resident
when the resident leaves the secure community transition
facility for appointments, employment, or other approved
activities. Escorting persons must supervise the resident
closely and maintain close proximity to the resident. The
escort must immediately notify the department of any serious
violation, as defined in RCW 71.09.325, by the resident and
must immediately notify law enforcement of any violation of
law by the resident. The escort may not be a relative of the
resident or a person with whom the resident has, or has had, a
dating relationship as defined in RCW 26.50.010.
(2) Staff members of the special commitment center and
any other total confinement facility and any secure community transition facility must be trained in self-defense and
appropriate crisis responses including incident de-escalation.
Prior to escorting a person outside of a facility, staff members
must also have training in the offense pattern of the offender
they are escorting.
(3) Any escort must carry a cellular telephone or a similar device at all times when escorting a resident of a secure
community transition facility.
(4) The department shall require training in offender pattern, self-defense, and incident response for all court-authorized escorts who are not employed by the department or the
department of corrections. [2002 c 68 § 6; 2001 2nd sp.s. c
12 § 217.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.310
71.09.310 Transition facility residents—Mandatory
escorts. Notwithstanding the provisions of RCW 71.09.305,
residents of the secure community transition facility established pursuant to RCW 71.09.250(1) must be escorted at any
time the resident leaves the facility. [2001 2nd sp.s. c 12 §
218.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
(2004 Ed.)
Sexually Violent Predators
71.09.315
71.09.315 Transition facilities—Public notice,
review, and comment. (1) Whenever the department operates, or the secretary enters into a contract to operate, a secure
community transition facility except the secure community
transition facility established pursuant to RCW 71.09.250(1),
the secure community transition facility may be operated
only after the public notification and opportunities for review
and comment as required by this section.
(2) The secretary shall establish a process for early and
continuous public participation in establishing or relocating
secure community transition facilities. The process shall
include, at a minimum, public meetings in the local communities affected, as well as opportunities for written and oral
comments, in the following manner:
(a) If there are more than three sites initially selected as
potential locations and the selection process by the secretary
or a service provider reduces the number of possible sites for
a secure community transition facility to no fewer than three,
the secretary or the chief operating officer of the service provider shall notify the public of the possible siting and hold at
least two public hearings in each community where a secure
community transition facility may be sited.
(b) When the secretary or service provider has determined the secure community transition facility's location, the
secretary or the chief operating officer of the service provider
shall hold at least one additional public hearing in the community where the secure community transition facility will be
sited.
(c) When the secretary has entered negotiations with a
service provider and only one site is under consideration,
then at least two public hearings shall be held.
(d) To provide adequate notice of, and opportunity for
interested persons to comment on, a proposed location, the
secretary or the chief operating officer of the service provider
shall provide at least fourteen days' advance notice of the
meeting to all newspapers of general circulation in the community, all radio and television stations generally available to
persons in the community, any school district in which the
secure community transition facility would be sited or whose
boundary is within two miles of a proposed secure community transition facility, any library district in which the secure
community transition facility would be sited, local business
or fraternal organizations that request notification from the
secretary or agency, and any person or property owner within
a one-half mile radius of the proposed secure community
transition facility. Before initiating this process, the department of social and health services shall contact local government planning agencies in the communities containing the
proposed secure community transition facility. The department of social and health services shall coordinate with local
government agencies to ensure that opportunities are provided for effective citizen input and to reduce the duplication
of notice and meetings.
(3) If local government land use regulations require that
a special use or conditional use permit be submitted and
approved before a secure community transition facility can
be sited, and the process for obtaining such a permit includes
public notice and hearing requirements similar to those
required under this section, the requirements of this section
shall not apply to the extent they would duplicate requirements under the local land use regulations.
(2004 Ed.)
71.09.325
(4) This section applies only to secure community transition facilities sited after June 26, 2001. [2001 2nd sp.s. c 12
§ 219.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.320
71.09.320 Transition facilities—Operational advisory boards. (1) The secretary shall develop a process with
local governments that allows each community in which a
secure community transition facility is located to establish
operational advisory boards of at least seven persons for the
secure community transition facilities. The department may
conduct community awareness activities to publicize this
opportunity. The operational advisory boards developed
under this section shall be implemented following the decision to locate a secure community transition facility in a particular community.
(2) The operational advisory boards may review and
make recommendations regarding the security and operations
of the secure community transition facility and conditions or
modifications necessary with relation to any person who the
secretary proposes to place in the secure community transition facility.
(3) The facility management must consider the recommendations of the community advisory boards. Where the
facility management does not implement an operational advisory board recommendation, the management must provide a
written response to the operational advisory board stating its
reasons for its decision not to implement the recommendation.
(4) The operational advisory boards, their members, and
any agency represented by a member shall not be liable in
any cause of action as a result of its recommendations unless
the advisory board acts with gross negligence or bad faith in
making a recommendation. [2001 2nd sp.s. c 12 § 220.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.325
71.09.325 Transition facilities—Conditional
release—Reports—Violations. (1) The secretary shall
adopt a violation reporting policy for persons conditionally
released to less restrictive alternative placements. The policy
shall require written documentation by the department and
service providers of all violations of conditions set by the
department, the department of corrections, or the court and
establish criteria for returning a violator to the special commitment center or a secure community transition facility with
a higher degree of security. Any conditionally released person who commits a serious violation of conditions shall be
returned to the special commitment center, unless arrested by
a law enforcement officer, and the court shall be notified
immediately and shall initiate proceedings under RCW
71.09.098 to revoke or modify the less restrictive alternative
placement. Nothing in this section limits the authority of the
department to return a person to the special commitment center based on a violation that is not a serious violation as
defined in this section. For the purposes of this section, "serious violation" includes but is not limited to:
(a) The commission of any criminal offense;
(b) Any unlawful use or possession of a controlled substance; and
[Title 71 RCW—page 43]
71.09.330
Title 71 RCW: Mental Illness
(c) Any violation of conditions targeted to address the
person's documented pattern of offense that increases the risk
to public safety.
(2) When a person is conditionally released to a less
restrictive alternative under this chapter and is under the
supervision of the department of corrections, notice of any
violation of the person's conditions of release must also be
made to the department of corrections.
(3) Whenever the secretary contracts with a service provider to operate a secure community transition facility, the
contract shall include a requirement that the service provider
must report to the department of social and health services
any known violation of conditions committed by any resident
of the secure community transition facility.
(4) The secretary shall document in writing all violations, penalties, actions by the department of social and
health services to remove persons from a secure community
transition facility, and contract terminations. The secretary
shall compile this information and submit it to the appropriate committees of the legislature on an annual basis. The secretary shall give great weight to a service provider's record of
violations, penalties, actions by the department of social and
health services or the department of corrections to remove
persons from a secure community transition facility, and contract terminations in determining whether to execute, renew,
or renegotiate a contract with a service provider. [2001 2nd
sp.s. c 12 § 221.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.330
71.09.330 Transition facilities—Contracted operation—Enforcement remedies. Whenever the secretary contracts with a provider to operate a secure community transition facility, the secretary shall include in the contract provisions establishing intermediate contract enforcement
remedies. [2001 2nd sp.s. c 12 § 222.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.335
71.09.335 Conditional release from total confinement—Community notification. A conditional release
from a total confinement facility to a less restrictive alternative is a release that subjects the conditionally released person to the registration requirements specified in RCW
9A.44.130 and to community notification under RCW
4.24.550.
When a person is conditionally released to the secure
community transition facility established pursuant to RCW
71.09.250(1), the sheriff must provide each household on
McNeil Island with the community notification information
provided for under RCW 4.24.550. [2001 2nd sp.s. c 12 §
223.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.340
71.09.340 Conditionally released persons—Employment, educational notification. An employer who hires a
person who has been conditionally released to a less restrictive alternative must notify all other employees of the conditionally released person's status. Notification for conditionally released persons who enroll in an institution of higher
[Title 71 RCW—page 44]
education shall be made pursuant to the provisions of RCW
9A.44.130 related to sex offenders enrolled in institutions of
higher education and RCW 4.24.550. This section applies
only to conditionally released persons whose court-approved
treatment plan includes permission or a requirement for the
person to obtain education or employment and to employment positions or educational programs that meet the requirements of the court-approved treatment plan. [2001 2nd sp.s.
c 12 § 224.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.341
71.09.341 Transition facilities—Authority of department—Effect of local regulations. The minimum requirements set out in RCW 71.09.285 through 71.09.340 are minimum requirements to be applied by the department. Nothing
in this section is intended to prevent a city or county from
adopting development regulations, as defined in RCW
36.70A.030, unless the proposed regulation imposes requirements more restrictive than those specifically addressed in
RCW 71.09.285 through 71.09.340. Regulations that impose
requirements more restrictive than those specifically
addressed in these sections are void. Nothing in these sections prevents the department from adding requirements to
enhance public safety. [2002 c 68 § 7.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
71.09.342
71.09.342 Transition facilities—Siting—Local regulations preempted, when—Consideration of public safety
measures. (1) After October 1, 2002, notwithstanding RCW
36.70A.103 or any other law, this section preempts and
supersedes local plans, development regulations, permitting
requirements, inspection requirements, and all other laws as
necessary to enable the department to site, construct, renovate, occupy, and operate secure community transition facilities within the borders of the following:
(a) Any county that had five or more persons civilly
committed from that county, or detained at the special commitment center under a pending civil commitment petition
from that county where a finding of probable cause has been
made, on April 1, 2001, if the department determines that the
county has not met the requirements of RCW 36.70A.200
with respect to secure community transition facilities. This
subsection does not apply to the county in which the secure
community transition facility authorized under RCW
71.09.250(1) is located; and
(b) Any city located within a county listed in (a) of this
subsection that the department determines has not met the
requirements of RCW 36.70A.200 with respect to secure
community transition facilities.
(2) The department's determination under subsection
(1)(a) or (b) of this section is final and is not subject to appeal
under chapter 34.05 or 36.70A RCW.
(3) When siting a facility in a county or city that has been
preempted under this section, the department shall consider
the policy guidelines established under RCW 71.09.285 and
71.09.290 and shall hold the hearings required in RCW
71.09.315.
(4) Nothing in this section prohibits the department
from:
(2004 Ed.)
Sexually Violent Predators
(a) Siting a secure community transition facility in a city
or county that has complied with the requirements of RCW
36.70A.200 with respect to secure community transition
facilities, including a city that is located within a county that
has been preempted. If the department sites a secure community transition facility in such a city or county, the department
shall use the process established by the city or county for siting such facilities; or
(b) Consulting with a city or county that has been preempted under this section regarding the siting of a secure
community transition facility.
(5)(a) A preempted city or county may propose public
safety measures specific to any finalist site to the department.
The measures must be consistent with the location of the
facility at that finalist site. The proposal must be made in
writing by the date of:
(i) The second hearing under RCW 71.09.315(2)(a)
when there are three finalist sites; or
(ii) The first hearing under RCW 71.09.315(2)(b) when
there is only one site under consideration.
(b) The department shall respond to the city or county in
writing within fifteen business days of receiving the proposed
measures. The response shall address all proposed measures.
(c) If the city or county finds that the department's
response is inadequate, the city or county may notify the
department in writing within fifteen business days of the specific items which it finds inadequate. If the city or county
does not notify the department of a finding that the response
is inadequate within fifteen business days, the department's
response shall be final.
(d) If the city or county notifies the department that it
finds the response inadequate and the department does not
revise its response to the satisfaction of the city or county
within seven business days, the city or county may petition
the governor to designate a person with law enforcement
expertise to review the response under RCW 34.05.479.
(e) The governor's designee shall hear a petition filed
under this subsection and shall make a determination within
thirty days of hearing the petition. The governor's designee
shall consider the department's response, and the effectiveness and cost of the proposed measures, in relation to the purposes of this chapter. The determination by the governor's
designee shall be final and may not be the basis for any cause
of action in civil court.
(f) The city or county shall bear the cost of the petition to
the governor's designee. If the city or county prevails on all
issues, the department shall reimburse the city or county costs
incurred, as provided under chapter 34.05 RCW.
(g) Neither the department's consideration and response
to public safety conditions proposed by a city or county nor
the decision of the governor's designee shall affect the preemption under this section or the department's authority to
site, construct, renovate, occupy, and operate the secure community transition facility at that finalist site or at any finalist
site.
(6) Until June 30, 2009, the secretary shall site, construct, occupy, and operate a secure community transition
facility sited under this section in an environmentally responsible manner that is consistent with the substantive objectives
of chapter 43.21C RCW, and shall consult with the department of ecology as appropriate in carrying out the planning,
(2004 Ed.)
71.09.344
construction, and operations of the facility. The secretary
shall make a threshold determination of whether a secure
community transition facility sited under this section would
have a probable significant, adverse environmental impact.
If the secretary determines that the secure community transition facility has such an impact, the secretary shall prepare an
environmental impact statement that meets the requirements
of RCW 43.21C.030 and 43.21C.031 and the rules promulgated by the department of ecology relating to such statements. Nothing in this subsection shall be the basis for any
civil cause of action or administrative appeal.
(7) In no case may a secure community transition facility
be sited adjacent to, immediately across a street or parking lot
from, or within the line of sight of a risk potential activity or
facility in existence at the time a site is listed for consideration unless the site that the department has chosen in a particular county or city was identified pursuant to a process for
siting secure community transition facilities adopted by that
county or city in compliance with RCW 36.70A.200.
"Within the line of sight" means that it is possible to reasonably visually distinguish and recognize individuals.
(8) This section does not apply to the secure community
transition facility established pursuant to RCW 71.09.250(1).
[2003 c 50 § 2; 2002 c 68 § 9.]
Application—Effective date—2003 c 50: See notes following RCW
71.09.020.
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
"All other laws" defined: RCW 71.09.2501.
71.09.343
71.09.343 Transition facilities—Contract between
state and local governments. (1) At the request of the local
government of the city or county in which a secure community transition facility is initially sited after January 1, 2002,
the department shall enter into a long-term contract memorializing the agreements between the state and the city or
county for the operation of the facility. This contract shall be
separate from any contract regarding mitigation due to the
facility. The contract shall include a clause that states:
(a) The contract does not obligate the state to continue
operating any aspect of the civil commitment program under
this chapter;
(b) The operation of any secure community transition
facility is contingent upon sufficient appropriation by the legislature. If sufficient funds are not appropriated, the department is not obligated to operate the secure community transition facility and may close it; and
(c) This contract does not obligate the city or county to
operate a secure community transition facility.
(2) Any city or county may, at their option, contract with
the department to operate a secure community transition
facility. [2002 c 68 § 16.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
71.09.344
71.09.344 Transition facilities—Mitigation agreements. (1) Subject to funds appropriated by the legislature,
the department may enter into negotiation for a mitigation
agreement with:
(a) The county and/or city in which a secure community
transition facility sited after January 1, 2002, is located;
[Title 71 RCW—page 45]
71.09.345
Title 71 RCW: Mental Illness
(b) Each community in which the persons from those
facilities will reside or regularly spend time, pursuant to court
orders, for regular work or education, or to receive social services, or through which the person or persons will regularly
be transported to reach other communities; and
(c) Educational institutions in the communities identified
in (a) and (b) of this subsection.
(2) Mitigation agreements are limited to the following:
(a) One-time training for local law enforcement and
administrative staff, upon the establishment of a secure community transition facility.
(i) Training between local government staff and the
department includes training in coordination, emergency procedures, program and facility information, legal requirements, and resident profiles.
(ii) Reimbursement for training under this subsection is
limited to:
(A) The salaries or hourly wages and benefits of those
persons who receive training directly from the department;
and
(B) Costs associated with preparation for, and delivery
of, training to the department or its contracted staff by local
government staff or contractors;
(b) Information coordination:
(i) Information coordination includes data base infrastructure establishment and programming for the dissemination of information among law enforcement and the department related to facility residents.
(ii) Reimbursement for information coordination is limited to start-up costs;
(c) One-time capital costs:
(i) One-time capital costs are off-site costs associated
with the need for increased security in specific locations.
(ii) Reimbursement for one-time capital costs is limited
to actual costs; and
(d) Incident response:
(i) Incident response costs are law enforcement and
criminal justice costs associated with violations of conditions
of release or crimes by residents of the secure community
transition facility.
(ii) Reimbursement for incident response does not
include private causes of action. [2002 c 68 § 17.]
released to a less restrictive alternative under this chapter
shall be conducted only by certified sex offender treatment
providers or certified affiliate sex offender treatment providers under chapter 18.155 RCW unless the court or the department of social and health services finds that: (a) The courtordered less restrictive alternative placement is located in
another state; (b) the treatment provider is employed by the
department; or (c)(i) all certified sex offender treatment providers or certified affiliate sex offender treatment providers
become unavailable to provide treatment within a reasonable
geographic distance of the person's home, as determined in
rules adopted by the department of social and health services;
and (ii) the evaluation and treatment plan comply with the
rules adopted by the department of social and health services.
A treatment provider approved by the department of
social and health services under (c) of this subsection, who is
not certified by the department of health, shall consult with a
certified sex offender treatment provider during the person's
period of treatment to ensure compliance with the rules
adopted by the department of health. The frequency and content of the consultation shall be based on the recommendation
of the certified sex offender treatment provider.
(2) A treatment provider, whether or not he or she is
employed or approved by the department of social and health
services under subsection (1) of this section or otherwise certified, may not perform or provide treatment of sexually violent predators under this section if the treatment provider has
been:
(a) Convicted of a sex offense, as defined in RCW
9.94A.030;
(b) Convicted in any other jurisdiction of an offense that
under the laws of this state would be classified as a sex
offense as defined in RCW 9.94A.030; or
(c) Suspended or otherwise restricted from practicing
any health care profession by competent authority in any
state, federal, or foreign jurisdiction.
(3) Nothing in this section prohibits a qualified expert
from examining or evaluating a sexually violent predator
who has been conditionally released for purposes of presenting an opinion in court proceedings. [2004 c 38 § 14; 2001
2nd sp.s. c 12 § 404.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Effective date—2004 c 38: See note following RCW 18.155.075.
71.09.345 Alternative placement—Authority of
court. Nothing in chapter 12, Laws of 2001 2nd sp. sess.
shall operate to restrict a court's authority to make less restrictive alternative placements to a committed person's individual residence or to a setting less restrictive than a secure community transition facility. A court-ordered less restrictive
alternative placement to a committed person's individual residence is not a less restrictive alternative placement to a
secure community transition facility. [2001 2nd sp.s. c 12 §
226.]
71.09.345
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.800
71.09.800 Rules. The secretary shall adopt rules under
the administrative procedure act, chapter 34.05 RCW, for the
oversight and operation of the program established pursuant
to this chapter. Such rules shall include provisions for an
annual inspection of the special commitment center and
requirements for treatment plans and the retention of records.
[2000 c 44 § 1.]
Effective date—2000 c 44: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 22, 2000]." [2000 c 44 § 2.]
71.09.350
71.09.350 Examination and treatment only by certified providers—Exceptions. (1) Examinations and treatment of sexually violent predators who are conditionally
[Title 71 RCW—page 46]
71.09.900
71.09.900 Index, part headings not law—1990 c 3.
See RCW 18.155.900.
(2004 Ed.)
Private Establishments
71.09.901 Severability—1990 c 3.
18.155.901.
71.09.901
See RCW
71.09.902 Effective dates—Application—1990 c 3.
See RCW 18.155.902.
71.09.902
Chapter 71.12
Chapter 71.12 RCW
PRIVATE ESTABLISHMENTS
71.12.485
managing and executive officers of any corporation violating
the provisions of this chapter shall be liable under the provisions of this chapter in the same manner and to the same
effect as a private individual violating the same. [2001 c 254
§ 2; 2000 c 93 § 22; 1989 1st ex.s. c 9 § 226; 1979 c 141 §
133; 1959 c 25 § 71.12.460. Prior: 1949 c 198 § 54; Rem.
Supp. 1949 § 6953-53.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Sections
71.12.470
71.12.455
71.12.460
71.12.470
71.12.480
71.12.485
71.12.490
71.12.500
71.12.510
71.12.520
71.12.530
71.12.540
71.12.550
71.12.560
71.12.570
71.12.590
71.12.595
71.12.640
71.12.670
Definitions.
License to be obtained—Penalty.
License application—Fees.
Examination of operation of establishment and premises
before granting license.
Fire protection—Duties of chief of the Washington state
patrol.
Expiration and renewal of license.
Examination of premises as to compliance with the chapter,
rules, and license—License changes.
Examination and visitation in general.
Scope of examination.
Conference with management—Improvement.
Recommendations to be kept on file—Records of inmates.
Local authorities may also prescribe standards.
Voluntary patients—Receipt authorized—Application—
Report.
Communications by patients—Rights.
Revocation of license for noncompliance—Exemption as to
Christian Science establishments.
Suspension of license—Noncompliance with support order—
Reissuance.
Prosecuting attorney shall prosecute violations.
Licensing, operation, inspection—Adoption of rules.
Alcoholism, intoxication, and drug addiction treatment: Chapter 70.96A
RCW.
Cost of services, disclosure: RCW 70.41.250.
Mentally ill, commitment procedures, rights, etc.: Chapter 71.05 RCW.
Minors—Mental health services, commitment: Chapter 71.34 RCW.
State hospitals for mentally ill: Chapter 72.23 RCW.
71.12.455 Definitions. As used in this chapter, "establishment" and "institution" mean and include every private or
county or municipal hospital, including public hospital districts, sanitarium, home, or other place receiving or caring for
any mentally ill, mentally incompetent person, or chemically
dependent person. [2001 c 254 § 1; 2000 c 93 § 21; 1977
ex.s. c 80 § 43; 1959 c 25 § 71.12.455. Prior: 1949 c 198 §
53; Rem. Supp. 1949 § 6953-52a. Formerly RCW 71.12.010,
part.]
71.12.455
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
71.12.460 License to be obtained—Penalty. No person, association, county, municipality, public hospital district, or corporation, shall establish or keep, for compensation
or hire, an establishment as defined in this chapter without
first having obtained a license therefor from the department
of health, complied with rules adopted under this chapter, and
paid the license fee provided in this chapter. Any person who
carries on, conducts, or attempts to carry on or conduct an
establishment as defined in this chapter without first having
obtained a license from the department of health, as in this
chapter provided, is guilty of a misdemeanor and on conviction thereof shall be punished by imprisonment in a county
jail not exceeding six months, or by a fine not exceeding one
thousand dollars, or by both such fine and imprisonment. The
71.12.460
(2004 Ed.)
71.12.470 License application—Fees. Every application for a license shall be accompanied by a plan of the premises proposed to be occupied, describing the capacities of
the buildings for the uses intended, the extent and location of
grounds appurtenant thereto, and the number of patients proposed to be received therein, with such other information,
and in such form, as the department of health requires. The
application shall be accompanied by the proper license fee.
The amount of the license fee shall be established by the
department of health under RCW 43.70.110. [2000 c 93 § 23;
1987 c 75 § 19; 1982 c 201 § 14; 1959 c 25 § 71.12.470.
Prior: 1949 c 198 § 56; Rem. Supp. 1949 § 6953-55.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
71.12.480
71.12.480 Examination of operation of establishment
and premises before granting license. The department of
health shall not grant any such license until it has made an
examination of all phases of the operation of the establishment necessary to determine compliance with rules adopted
under this chapter including the premises proposed to be
licensed and is satisfied that the premises are substantially as
described, and are otherwise fit and suitable for the purposes
for which they are designed to be used, and that such license
should be granted. [2000 c 93 § 24; 1989 1st ex.s. c 9 § 227;
1979 c 141 § 134; 1959 c 25 § 71.12.480. Prior: 1949 c 198
§ 57; Rem. Supp. 1949 § 6953-56.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
71.12.485
71.12.485 Fire protection—Duties of chief of the
Washington state patrol. Standards for fire protection and
the enforcement thereof, with respect to all establishments to
be licensed hereunder, shall be the responsibility of the chief
of the Washington state patrol, through the director of fire
protection, who shall adopt such recognized standards as may
be applicable to such establishments for the protection of life
against the cause and spread of fire and fire hazards. The
department of health, upon receipt of an application for a
license, or renewal of a license, shall submit to the chief of
the Washington state patrol, through the director of fire protection, in writing, a request for an inspection, giving the
applicant's name and the location of the premises to be
licensed. Upon receipt of such a request, the chief of the
Washington state patrol, through the director of fire protection, or his or her deputy shall make an inspection of the
establishment to be licensed, and if it is found that the premises do not comply with the required safety standards and
fire regulations as promulgated by the chief of the Washington state patrol, through the director of fire protection, he or
she shall promptly make a written report to the establishment
[Title 71 RCW—page 47]
71.12.490
Title 71 RCW: Mental Illness
and the department of health as to the manner and time
allowed in which the premises must qualify for a license and
set forth the conditions to be remedied with respect to fire
regulations. The department of health, applicant or licensee
shall notify the chief of the Washington state patrol, through
the director of fire protection, upon completion of any
requirements made by him or her, and the director of fire protection or his or her deputy shall make a reinspection of such
premises. Whenever the establishment to be licensed meets
with the approval of the chief of the Washington state patrol,
through the director of fire protection, he or she shall submit
to the department of health a written report approving same
with respect to fire protection before a full license can be
issued. The chief of the Washington state patrol, through the
director of fire protection, shall make or cause to be made
inspections of such establishments at least annually. The
department of health shall not license or continue the license
of any establishment unless and until it shall be approved by
the chief of the Washington state patrol, through the director
of fire protection, as herein provided.
In cities which have in force a comprehensive building
code, the provisions of which are determined by the chief of
the Washington state patrol, through the director of fire protection, to be equal to the minimum standards of the chief of
the Washington state patrol, through the director of fire protection, for such establishments, the chief of the fire department, provided the latter is a paid chief of a paid fire department, shall make the inspection with the chief of the Washington state patrol, through the director of fire protection, or
his or her deputy, and they shall jointly approve the premises
before a full license can be issued. [1995 c 369 § 61; 1989 1st
ex.s. c 9 § 228; 1986 c 266 § 122; 1979 c 141 § 135; 1959 c
224 § 1.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
and the requirements of the license therefor. If the interests of
the patients of the establishment so demand, the department
may, for just and reasonable cause, suspend, modify, or
revoke any such license. RCW 43.70.115 governs notice of a
license denial, revocation, suspension, or modification and
provides the right to an adjudicative proceeding. [2000 c 93
§ 25. Prior: 1989 1st ex.s. c 9 § 230; 1989 c 175 § 137; 1979
c 141 § 136; 1959 c 25 § 71.12.500; prior: 1949 c 198 § 58;
Rem. Supp. 1949 § 6953-57.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Effective date—1989 c 175: See note following RCW 34.05.010.
71.12.510
71.12.510 Examination and visitation in general. The
department of health may at any time cause any establishment as defined in this chapter to be visited and examined.
[2000 c 93 § 26; 1959 c 25 § 71.12.510. Prior: 1949 c 198 §
60; Rem. Supp. 1949 § 6953-59.]
71.12.520
71.12.520 Scope of examination. Each such visit may
include an inspection of every part of each establishment.
The representatives of the department of health may make an
examination of all records, methods of administration, the
general and special dietary, the stores and methods of supply,
and may cause an examination and diagnosis to be made of
any person confined therein. The representatives of the
department of health may examine to determine their fitness
for their duties the officers, attendants, and other employees,
and may talk with any of the patients apart from the officers
and attendants. [2000 c 93 § 27; 1989 1st ex.s. c 9 § 231;
1979 c 141 § 137; 1959 c 25 § 71.12.520. Prior: 1949 c 198
§ 61; Rem. Supp. 1949 § 6953-60.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
71.12.530
Severability—1986 c 266: See note following RCW 38.52.005.
71.12.490
71.12.490 Expiration and renewal of license. All
licenses issued under the provisions of this chapter shall
expire on a date to be set by the department of health. No
license issued pursuant to this chapter shall exceed thirty-six
months in duration. Application for renewal of the license,
accompanied by the necessary fee as established by the
department of health under RCW 43.70.110, shall be filed
with that department, not less than thirty days prior to its
expiration and if application is not so filed, the license shall
be automatically canceled. [1989 1st ex.s. c 9 § 229; 1987 c
75 § 20; 1982 c 201 § 15; 1971 ex.s. c 247 § 4; 1959 c 25 §
71.12.490. Prior: 1949 c 198 § 59; Rem. Supp. 1949 § 695358.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
71.12.500
71.12.500 Examination of premises as to compliance
with the chapter, rules, and license—License changes.
The department of health may at any time examine and ascertain how far a licensed establishment is conducted in compliance with this chapter, the rules adopted under this chapter,
[Title 71 RCW—page 48]
71.12.530 Conference with management—Improvement. The representatives of the department of health may,
from time to time, at times and places designated by the
department, meet the managers or responsible authorities of
such establishments in conference, and consider in detail all
questions of management and improvement of the establishments, and may send to them, from time to time, written recommendations in regard thereto. [1989 1st ex.s. c 9 § 232;
1979 c 141 § 138; 1959 c 25 § 71.12.530. Prior: 1949 c 198
§ 62; Rem. Supp. 1949 § 6953-61.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
71.12.540
71.12.540 Recommendations to be kept on file—
Records of inmates. The authorities of each establishment
as defined in this chapter shall place on file in the office of the
establishment the recommendations made by the department
of health as a result of such visits, for the purpose of consultation by such authorities, and for reference by the department representatives upon their visits. Every such establishment shall keep records of every person admitted thereto as
follows and shall furnish to the department, when required,
the following data: Name, age, sex, marital status, date of
admission, voluntary or other commitment, name of physician, diagnosis, and date of discharge. [1989 1st ex.s. c 9 §
(2004 Ed.)
Private Establishments
71.12.670
233; 1979 c 141 § 139; 1959 c 25 § 71.12.540. Prior: 1949 c
198 § 63; Rem. Supp. 1949 § 6953-62.]
1959 c 25 § 71.12.570. Prior: 1949 c 198 § 66; Rem. Supp.
1949 § 6953-65.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—Construction—Effective date—1973 1st ex.s. c 142:
See RCW 71.05.900 through 71.05.930.
71.12.550
71.12.550 Local authorities may also prescribe standards. This chapter shall not prevent local authorities of any
city, or city and county, within the reasonable exercise of the
police power, from adopting rules and regulations, by ordinance or resolution, prescribing standards of sanitation,
health and hygiene for establishments as defined in this chapter, which are not in conflict with the provisions of this chapter, and requiring a certificate by the local health officer, that
the local health, sanitation and hygiene laws have been complied with before maintaining or conducting any such institution within such city or city and county. [1959 c 25 §
71.12.550. Prior: 1949 c 198 § 64; Rem. Supp. 1949 § 695363.]
71.12.590
71.12.590 Revocation of license for noncompliance—
Exemption as to Christian Science establishments. Failure to comply with any of the provisions of RCW 71.12.550
through 71.12.570 shall constitute grounds for revocation of
license: PROVIDED, HOWEVER, That nothing in this
chapter or the rules and regulations adopted pursuant thereto
shall be construed as authorizing the supervision, regulation,
or control of the remedial care or treatment of residents or
patients in any establishment, as defined in this chapter conducted in accordance with the practice and principles of the
body known as Church of Christ, Scientist. [1983 c 3 § 180;
1959 c 25 § 71.12.590. Prior: 1949 c 198 § 68; Rem. Supp.
1949 § 6953-67.]
71.12.560
71.12.560 Voluntary patients—Receipt authorized—
Application—Report. The person in charge of any private
institution, hospital, or sanitarium which is conducted for, or
includes a department or ward conducted for, the care and
treatment of persons who are mentally ill or deranged may
receive therein as a voluntary patient any person suffering
from mental illness or derangement who is a suitable person
for care and treatment in the institution, hospital, or sanitarium, who voluntarily makes a written application to the person in charge for admission into the institution, hospital or
sanitarium. At the expiration of fourteen continuous days of
treatment of a patient voluntarily committed in a private institution, hospital, or sanitarium, if the period of voluntary commitment is to continue, the person in charge shall forward to
the office of the department of social and health services a
record of the voluntary patient showing the name, residence,
date of birth, sex, place of birth, occupation, social security
number, marital status, date of admission to the institution,
hospital, or sanitarium, and such other information as may be
required by rule of the department of social and health services. [1994 sp.s. c 7 § 441; 1974 ex.s. c 145 § 1; 1973 1st
ex.s. c 142 § 1; 1959 c 25 § 71.12.560. Prior: 1949 c 198 §
65; Rem. Supp. 1949 § 6953-64.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
Severability—Construction—Effective date—1973 1st ex.s. c 142:
See RCW 71.05.900 through 71.05.930.
71.12.570
71.12.570 Communications by patients—Rights. No
person in an establishment as defined in this chapter shall be
restrained from sending written communications of the fact
of his detention in such establishment to a friend, relative, or
other person. The physician in charge of such person and the
person in charge of such establishment shall send each such
communication to the person to whom it is addressed. All
persons in an establishment as defined by chapter 71.12
RCW shall have no less than all rights secured to involuntarily detained persons by RCW 71.05.360 and 71.05.370 and
to voluntarily admitted or committed persons pursuant to
RCW 71.05.050 and 71.05.380. [1973 1st ex.s. c 142 § 2;
(2004 Ed.)
71.12.595
71.12.595 Suspension of license—Noncompliance
with support order—Reissuance. The department of health
shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by
the department of social and health services as a person who
is not in compliance with a support order or a *residential or
visitation order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the
department of health's receipt of a release issued by the
department of social and health services stating that the licensee is in compliance with the order. [1997 c 58 § 860.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
71.12.640
71.12.640 Prosecuting attorney shall prosecute violations. The prosecuting attorney of every county shall, upon
application by the department of social and health services,
the department of health, or its authorized representatives,
institute and conduct the prosecution of any action brought
for the violation within his county of any of the provisions of
this chapter. [1989 1st ex.s. c 9 § 234; 1979 c 141 § 140;
1959 c 25 § 71.12.640. Prior: 1949 c 198 § 55; Rem. Supp.
1949 § 6953-54.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
71.12.670
71.12.670 Licensing, operation, inspection—Adoption of rules. The department of health shall adopt rules for
the licensing, operation, and inspections of establishments
and institutions and the enforcement thereof. [2000 c 93 §
28.]
[Title 71 RCW—page 49]
Chapter 71.20
Title 71 RCW: Mental Illness
Chapter 71.20 RCW
LOCAL FUNDS FOR COMMUNITY SERVICES
Chapter 71.20
(Formerly: State and local services for mentally retarded and developmentally disabled)
Sections
71.20.100
71.20.110
Expenditures of county funds subject to county fiscal laws.
Tax levy directed—Allocation of funds for federal matching
funds purposes.
71.20.100 Expenditures of county funds subject to
county fiscal laws. Expenditures of county funds under this
chapter shall be subject to the provisions of chapter 36.40
RCW and other statutes relating to expenditures by counties.
[1967 ex.s. c 110 § 10.]
71.20.100
71.20.110 Tax levy directed—Allocation of funds for
federal matching funds purposes. In order to provide additional funds for the coordination and provision of community
services for persons with developmental disabilities or mental health services, the county governing authority of each
county in the state shall budget and levy annually a tax in a
sum equal to the amount which would be raised by a levy of
two and one-half cents per thousand dollars of assessed value
against the taxable property in the county to be used for such
purposes: PROVIDED, That all or part of the funds collected
from the tax levied for the purposes of this section may be
transferred to the state of Washington, department of social
and health services, for the purpose of obtaining federal
matching funds to provide and coordinate community services for persons with developmental disabilities and mental
health services. In the event a county elects to transfer such
tax funds to the state for this purpose, the state shall grant
these moneys and the additional funds received as matching
funds to service-providing community agencies or community boards in the county which has made such transfer, pursuant to the plan approved by the county, as provided by
chapters 71.24 and 71.28 RCW and by chapter 71A.14 RCW,
all as now or hereafter amended.
The amount of a levy allocated to the purposes specified
in this section may be reduced in the same proportion as the
regular property tax levy of the county is reduced by chapter
84.55 RCW. [1988 c 176 § 910; 1983 c 3 § 183; 1980 c 155
§ 5; 1974 ex.s. c 71 § 8; 1973 1st ex.s. c 195 § 85; 1971 ex.s.
c 84 § 1; 1970 ex.s. c 47 § 8; 1967 ex.s. c 110 § 16.]
71.20.110
Severability—1988 c 176: See RCW 71A.10.900.
Effective date—Applicability—1980 c 155: See notes following
RCW 84.40.030.
Severability—1974 ex.s. c 71: "If any provision of this amendatory act,
or its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c 71 § 13.]
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Chapter 71.24 RCW
COMMUNITY MENTAL HEALTH SERVICES ACT
Chapter 71.24
Sections
71.24.011
71.24.015
71.24.016
71.24.025
71.24.030
Short title.
Legislative intent and policy.
Intent.
Definitions.
Grants to, purchase of services from counties for programs.
[Title 71 RCW—page 50]
71.24.035
71.24.037
71.24.045
71.24.049
71.24.100
71.24.110
71.24.155
71.24.160
71.24.200
71.24.215
71.24.220
71.24.240
71.24.250
71.24.260
71.24.300
71.24.310
71.24.400
71.24.405
71.24.415
71.24.420
71.24.430
71.24.450
71.24.455
71.24.460
71.24.470
71.24.480
71.24.805
71.24.810
71.24.840
71.24.900
71.24.901
71.24.902
Secretary's powers and duties as state mental health authority,
county authority.
Licensed service providers, residential services, community
support services—Minimum standards.
County authority powers and duties.
Identification by regional support network—Children's mental
health services.
Joint agreements of county authorities—Required provisions.
Joint agreements of county authorities—Permissive provisions.
Grants to regional support networks—Accounting.
Proof as to uses made of state funds.
Expenditures of county funds subject to county fiscal laws.
Clients to be charged for services.
Reimbursement may be withheld for noncompliance with
chapter or related rules.
County program plans to be approved by secretary prior to
submittal to federal agency.
Regional support network may accept and expend gifts and
grants.
Waiver of postgraduate educational requirements.
Regional support networks—Roles and responsibilities.
Implementation of chapters 71.05 and 71.24 RCW through
regional support networks.
Streamlining delivery system—Finding.
Streamlining delivery system.
Streamlining delivery system—Department duties to achieve
outcomes.
Expenditure of federal funds.
Collaborative service delivery.
Mentally ill offenders—Findings and intent.
Mentally ill offenders—Contracts for specialized access and
services.
Mentally ill offenders—Report to legislature—Contingent termination of program.
Dangerous mentally ill offenders—Contract for case management—Use of appropriated funds.
Dangerous mentally ill offenders—Limitation on liability due
to treatment—Reporting requirements.
Mental health system review—Performance audit recommendations affirmed.
Mental health system review—Implementation of performance audit recommendations.
Mental health system review—Study of long-term outcomes.
Effective date—1967 ex.s. c 111.
Severability—1982 c 204.
Construction.
Reviser's note: The department of social and health services filed an
emergency order, WSR 89-20-030, effective October 1, 1989, establishing
rules for the recognition and certification of regional support networks. A
final order was filed on January 24, 1990, effective January 25, 1990.
Comprehensive community health centers: Chapter 70.10 RCW.
Funding: RCW 43.79.201 and 79.02.410.
71.24.011 Short title. This chapter may be known and
cited as the community mental health services act. [1982 c
204 § 1.]
71.24.011
71.24.015 Legislative intent and policy. It is the intent
of the legislature to establish a community mental health program which shall help people experiencing mental illness to
retain a respected and productive position in the community.
This will be accomplished through programs which provide
for:
(1) Access to mental health services for adults of the
state who are acutely mentally ill, chronically mentally ill, or
seriously disturbed and children of the state who are acutely
mentally ill, severely emotionally disturbed, or seriously disturbed, which services recognize the special needs of underserved populations, including minorities, children, the elderly, disabled, and low-income persons. Access to mental
health services shall not be limited by a person's history of
confinement in a state, federal, or local correctional facility.
It is also the purpose of this chapter to promote the early iden71.24.015
(2004 Ed.)
Community Mental Health Services Act
tification of mentally ill children and to ensure that they
receive the mental health care and treatment which is appropriate to their developmental level. This care should improve
home, school, and community functioning, maintain children
in a safe and nurturing home environment, and should enable
treatment decisions to be made in response to clinical needs
in accordance with sound professional judgment while also
recognizing parents' rights to participate in treatment decisions for their children;
(2) Accountability of efficient and effective services
through state of the art outcome and performance measures
and statewide standards for monitoring client and system outcomes, performance, and reporting of client and system outcome information. These processes shall be designed so as to
maximize the use of available resources for direct care of
people with a mental illness;
(3) Minimum service delivery standards;
(4) Priorities for the use of available resources for the
care of the mentally ill consistent with the priorities defined
in the statute;
(5) Coordination of services within the department,
including those divisions within the department that provide
services to children, between the department and the office of
the superintendent of public instruction, and among state
mental hospitals, county authorities, community mental
health services, and other support services, which shall to the
maximum extent feasible also include the families of the
mentally ill, and other service providers; and
(6) Coordination of services aimed at reducing duplication in service delivery and promoting complementary services among all entities that provide mental health services to
adults and children.
It is the policy of the state to encourage the provision of
a full range of treatment and rehabilitation services in the
state for mental disorders. The legislature intends to encourage the development of county-based and county-managed
mental health services with adequate local flexibility to
assure eligible people in need of care access to the leastrestrictive treatment alternative appropriate to their needs,
and the availability of treatment components to assure continuity of care. To this end, counties are encouraged to enter
into joint operating agreements with other counties to form
regional systems of care which integrate planning, administration, and service delivery duties assigned to counties under
chapters 71.05 and 71.24 RCW to consolidate administration,
reduce administrative layering, and reduce administrative
costs.
It is further the intent of the legislature to integrate the
provision of services to provide continuity of care through all
phases of treatment. To this end the legislature intends to promote active engagement with mentally ill persons and collaboration between families and service providers. [2001 c 334
§ 6; 2001 c 323 § 1; 1999 c 214 § 7; 1991 c 306 § 1; 1989 c
205 § 1; 1986 c 274 § 1; 1982 c 204 § 2.]
Reviser's note: This section was amended by 2001 c 323 § 1 and by
2001 c 334 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2001 c 334: See note following RCW 71.24.805.
Intent—Effective date—1999 c 214: See notes following RCW
72.09.370.
(2004 Ed.)
71.24.025
Conflict with federal requirements—1991 c 306: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned. The
rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
However, if any part of this act conflicts with such federal requirements, the state appropriation for mental health services provided to children
whose mental disorders are discovered under screening through the federal
Title XIX early and periodic screening, diagnosis, and treatment program
shall be provided through the division of medical assistance and no state
funds appropriated to the division of mental health shall be expended or
transferred for this purpose." [1991 c 306 § 7.]
Effective date—1986 c 274 §§ 1, 2, 3, 5, and 9: "Sections 1, 2, 3, 5,
and 9 of this act shall take effect on July 1, 1987." [1986 c 274 § 11.]
71.24.016 Intent. It is the intent of the legislature that
the community mental health service delivery system focus
on maintaining mentally ill individuals in the community.
The program shall be evaluated and managed through a limited number of performance measures designed to hold each
regional support network accountable for program success.
[2001 c 323 § 4.]
71.24.016
71.24.025 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Acutely mentally ill" means a condition which is
limited to a short-term severe crisis episode of:
(a) A mental disorder as defined in RCW 71.05.020 or,
in the case of a child, as defined in RCW 71.34.020;
(b) Being gravely disabled as defined in RCW 71.05.020
or, in the case of a child, a gravely disabled minor as defined
in RCW 71.34.020; or
(c) Presenting a likelihood of serious harm as defined in
RCW 71.05.020 or, in the case of a child, as defined in RCW
71.34.020.
(2) "Available resources" means funds appropriated for
the purpose of providing community mental health programs
under RCW 71.24.045, federal funds, except those provided
according to Title XIX of the Social Security Act, and state
funds appropriated under this chapter or chapter 71.05 RCW
by the legislature during any biennium for the purpose of providing residential services, resource management services,
community support services, and other mental health services. This does not include funds appropriated for the purpose of operating and administering the state psychiatric hospitals, except as negotiated according to RCW
71.24.300(1)(e).
(3) "Child" means a person under the age of eighteen
years.
(4) "Chronically mentally ill adult" means an adult who
has a mental disorder and meets at least one of the following
criteria:
(a) Has undergone two or more episodes of hospital care
for a mental disorder within the preceding two years; or
(b) Has experienced a continuous psychiatric hospitalization or residential treatment exceeding six months' duration within the preceding year; or
(c) Has been unable to engage in any substantial gainful
activity by reason of any mental disorder which has lasted for
a continuous period of not less than twelve months. "Substan71.24.025
[Title 71 RCW—page 51]
71.24.025
Title 71 RCW: Mental Illness
tial gainful activity" shall be defined by the department by
rule consistent with Public Law 92-603, as amended.
(5) "Community mental health program" means all mental health services, activities, or programs using available
resources.
(6) "Community mental health service delivery system"
means public or private agencies that provide services specifically to persons with mental disorders as defined under
RCW 71.05.020 and receive funding from public sources.
(7) "Community support services" means services authorized, planned, and coordinated through resource management services including, at a minimum, assessment, diagnosis, emergency crisis intervention available twenty-four
hours, seven days a week, prescreening determinations for
mentally ill persons being considered for placement in nursing homes as required by federal law, screening for patients
being considered for admission to residential services, diagnosis and treatment for acutely mentally ill and severely emotionally disturbed children discovered under screening
through the federal Title XIX early and periodic screening,
diagnosis, and treatment program, investigation, legal, and
other nonresidential services under chapter 71.05 RCW, case
management services, psychiatric treatment including medication supervision, counseling, psychotherapy, assuring
transfer of relevant patient information between service providers, and other services determined by regional support networks.
(8) "County authority" means the board of county commissioners, county council, or county executive having
authority to establish a community mental health program, or
two or more of the county authorities specified in this subsection which have entered into an agreement to provide a community mental health program.
(9) "Department" means the department of social and
health services.
(10) "Licensed service provider" means an entity
licensed according to this chapter or chapter 71.05 RCW or
an entity deemed to meet state minimum standards as a result
of accreditation by a recognized behavioral health accrediting
body recognized and having a current agreement with the
department, that meets state minimum standards or individuals licensed under chapter 18.57, 18.71, 18.83, or 18.79
RCW, as it applies to registered nurses and advanced registered nurse practitioners.
(11) "Mental health services" means all services provided by regional support networks and other services provided by the state for the mentally ill.
(12) "Mentally ill persons" and "the mentally ill" mean
persons and conditions defined in subsections (1), (4), (17),
and (18) of this section.
(13) "Regional support network" means a county authority or group of county authorities recognized by the secretary
that enter into joint operating agreements to contract with the
secretary pursuant to this chapter.
(14) "Residential services" means a complete range of
residences and supports authorized by resource management
services and which may involve a facility, a distinct part
thereof, or services which support community living, for
acutely mentally ill persons, chronically mentally ill adults,
severely emotionally disturbed children, or seriously disturbed adults determined by the regional support network to
[Title 71 RCW—page 52]
be at risk of becoming acutely or chronically mentally ill. The
services shall include at least evaluation and treatment services as defined in chapter 71.05 RCW, acute crisis respite
care, long-term adaptive and rehabilitative care, and supervised and supported living services, and shall also include
any residential services developed to service mentally ill persons in nursing homes. Residential services for children in
out-of-home placements related to their mental disorder shall
not include the costs of food and shelter, except for children's
long-term residential facilities existing prior to January 1,
1991.
(15) "Resource management services" mean the planning, coordination, and authorization of residential services
and community support services administered pursuant to an
individual service plan for: (a) Acutely mentally ill adults
and children; (b) chronically mentally ill adults; (c) severely
emotionally disturbed children; or (d) seriously disturbed
adults determined solely by a regional support network to be
at risk of becoming acutely or chronically mentally ill. Such
planning, coordination, and authorization shall include mental health screening for children eligible under the federal
Title XIX early and periodic screening, diagnosis, and treatment program. Resource management services include seven
day a week, twenty-four hour a day availability of information regarding mentally ill adults' and children's enrollment in
services and their individual service plan to county-designated mental health professionals, evaluation and treatment
facilities, and others as determined by the regional support
network.
(16) "Secretary" means the secretary of social and health
services.
(17) "Seriously disturbed person" means a person who:
(a) Is gravely disabled or presents a likelihood of serious
harm to himself or herself or others, or to the property of others, as a result of a mental disorder as defined in chapter
71.05 RCW;
(b) Has been on conditional release status, or under a less
restrictive alternative order, at some time during the preceding two years from an evaluation and treatment facility or a
state mental health hospital;
(c) Has a mental disorder which causes major impairment in several areas of daily living;
(d) Exhibits suicidal preoccupation or attempts; or
(e) Is a child diagnosed by a mental health professional,
as defined in chapter 71.34 RCW, as experiencing a mental
disorder which is clearly interfering with the child's functioning in family or school or with peers or is clearly interfering
with the child's personality development and learning.
(18) "Severely emotionally disturbed child" means a
child who has been determined by the regional support network to be experiencing a mental disorder as defined in chapter 71.34 RCW, including those mental disorders that result
in a behavioral or conduct disorder, that is clearly interfering
with the child's functioning in family or school or with peers
and who meets at least one of the following criteria:
(a) Has undergone inpatient treatment or placement outside of the home related to a mental disorder within the last
two years;
(b) Has undergone involuntary treatment under chapter
71.34 RCW within the last two years;
(2004 Ed.)
Community Mental Health Services Act
(c) Is currently served by at least one of the following
child-serving systems: Juvenile justice, child-protection/welfare, special education, or developmental disabilities;
(d) Is at risk of escalating maladjustment due to:
(i) Chronic family dysfunction involving a mentally ill or
inadequate caretaker;
(ii) Changes in custodial adult;
(iii) Going to, residing in, or returning from any placement outside of the home, for example, psychiatric hospital,
short-term inpatient, residential treatment, group or foster
home, or a correctional facility;
(iv) Subject to repeated physical abuse or neglect;
(v) Drug or alcohol abuse; or
(vi) Homelessness.
(19) "State minimum standards" means minimum
requirements established by rules adopted by the secretary
and necessary to implement this chapter for: (a) Delivery of
mental health services; (b) licensed service providers for the
provision of mental health services; (c) residential services;
and (d) community support services and resource management services.
(20) "Tribal authority," for the purposes of this section
and RCW 71.24.300 only, means: The federally recognized
Indian tribes and the major Indian organizations recognized
by the secretary insofar as these organizations do not have a
financial relationship with any regional support network that
would present a conflict of interest. [2001 c 323 § 8; 1999 c
10 § 2; 1997 c 112 § 38; 1995 c 96 § 4. Prior: 1994 sp.s. c 9
§ 748; 1994 c 204 § 1; 1991 c 306 § 2; 1989 c 205 § 2; 1986
c 274 § 2; 1982 c 204 § 3.]
Purpose—Intent—1999 c 10: "The purpose of this act is to eliminate
dates and provisions in chapter 71.24 RCW which are no longer needed. The
legislature does not intend this act to make, and no provision of this act shall
be construed as, a substantive change in the service delivery system or funding of the community mental health services law." [1999 c 10 § 1.]
Alphabetization of section—1999 c 10 § 2: "The code reviser shall
alphabetize the definitions in RCW 71.24.025 and correct any cross-references." [1999 c 10 § 14.]
Effective date—1995 c 96: See note following RCW 71.24.400.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Conflict with federal requirements—1991 c 306: See note following
RCW 71.24.015.
Effective date—1986 c 274 §§ 1, 2, 3, 5, and 9: See note following
RCW 71.24.015.
71.24.030
71.24.030 Grants to, purchase of services from counties for programs. The secretary is authorized to make
grants to and/or purchase services from counties or combinations of counties in the establishment and operation of community mental health programs. [2001 c 323 § 9; 1999 c 10
§ 3; 1982 c 204 § 6; 1973 1st ex.s. c 155 § 5; 1972 ex.s. c 122
§ 30; 1971 ex.s. c 304 § 7; 1967 ex.s. c 111 § 3.]
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
Effective date—1972 ex.s. c 122: See note following RCW
70.96A.010.
71.24.035
71.24.035 Secretary's powers and duties as state
mental health authority, county authority. (1) The department is designated as the state mental health authority.
(2) The secretary shall provide for public, client, and
licensed service provider participation in developing the state
(2004 Ed.)
71.24.035
mental health program, developing contracts with regional
support networks, and any waiver request to the federal government under medicaid.
(3) The secretary shall provide for participation in developing the state mental health program for children and other
underserved populations, by including representatives on any
committee established to provide oversight to the state mental health program.
(4) The secretary shall be designated as the county
authority if a county fails to meet state minimum standards or
refuses to exercise responsibilities under RCW 71.24.045.
(5) The secretary shall:
(a) Develop a biennial state mental health program that
incorporates county biennial needs assessments and county
mental health service plans and state services for mentally ill
adults and children. The secretary may also develop a sixyear state mental health plan;
(b) Assure that any regional or county community mental health program provides access to treatment for the
county's residents in the following order of priority: (i) The
acutely mentally ill; (ii) chronically mentally ill adults and
severely emotionally disturbed children; and (iii) the seriously disturbed. Such programs shall provide:
(A) Outpatient services;
(B) Emergency care services for twenty-four hours per
day;
(C) Day treatment for mentally ill persons which
includes training in basic living and social skills, supported
work, vocational rehabilitation, and day activities. Such services may include therapeutic treatment. In the case of a
child, day treatment includes age-appropriate basic living and
social skills, educational and prevocational services, day
activities, and therapeutic treatment;
(D) Screening for patients being considered for admission to state mental health facilities to determine the appropriateness of admission;
(E) Employment services, which may include supported
employment, transitional work, placement in competitive
employment, and other work-related services, that result in
mentally ill persons becoming engaged in meaningful and
gainful full or part-time work. Other sources of funding such
as the division of vocational rehabilitation may be utilized by
the secretary to maximize federal funding and provide for
integration of services;
(F) Consultation and education services; and
(G) Community support services;
(c) Develop and adopt rules establishing state minimum
standards for the delivery of mental health services pursuant
to RCW 71.24.037 including, but not limited to:
(i) Licensed service providers. The secretary shall provide for deeming of compliance with state minimum standards for those entities accredited by recognized behavioral
health accrediting bodies recognized and having a current
agreement with the department;
(ii) Regional support networks; and
(iii) Inpatient services, evaluation and treatment services
and facilities under chapter 71.05 RCW, resource management services, and community support services;
(d) Assure that the special needs of minorities, the elderly, disabled, children, and low-income persons are met
within the priorities established in this section;
[Title 71 RCW—page 53]
71.24.035
Title 71 RCW: Mental Illness
(e) Establish a standard contract or contracts, consistent
with state minimum standards, which shall be used in contracting with regional support networks or counties. The standard contract shall include a maximum fund balance, which
shall not exceed ten percent;
(f) Establish, to the extent possible, a standardized auditing procedure which minimizes paperwork requirements of
county authorities and licensed service providers. The audit
procedure shall focus on the outcomes of service and not the
processes for accomplishing them;
(g) Develop and maintain an information system to be
used by the state, counties, and regional support networks
that includes a tracking method which allows the department
and regional support networks to identify mental health clients' participation in any mental health service or public program on an immediate basis. The information system shall
not include individual patient's case history files. Confidentiality of client information and records shall be maintained as
provided in this chapter and in RCW 71.05.390, 71.05.400,
71.05.410, 71.05.420, 71.05.430, and 71.05.440. The design
of the system and the data elements to be collected shall be
reviewed by the work group appointed by the secretary under
*section 5(1) of this act and representing the department,
regional support networks, service providers, consumers, and
advocates. The data elements shall be designed to provide
information that is needed to measure performance and
achieve the service outcomes identified in *section 5 of this
act;
(h) License service providers who meet state minimum
standards;
(i) Certify regional support networks that meet state minimum standards;
(j) Periodically monitor the compliance of certified
regional support networks and their network of licensed service providers for compliance with the contract between the
department, the regional support network, and federal and
state rules at reasonable times and in a reasonable manner;
(k) Fix fees to be paid by evaluation and treatment centers to the secretary for the required inspections;
(l) Monitor and audit counties, regional support networks, and licensed service providers as needed to assure
compliance with contractual agreements authorized by this
chapter; and
(m) Adopt such rules as are necessary to implement the
department's responsibilities under this chapter.
(6) The secretary shall use available resources only for
regional support networks.
(7) Each certified regional support network and licensed
service provider shall file with the secretary, on request, such
data, statistics, schedules, and information as the secretary
reasonably requires. A certified regional support network or
licensed service provider which, without good cause, fails to
furnish any data, statistics, schedules, or information as
requested, or files fraudulent reports thereof, may have its
certification or license revoked or suspended.
(8) The secretary may suspend, revoke, limit, or restrict
a certification or license, or refuse to grant a certification or
license for failure to conform to: (a) The law; (b) applicable
rules and regulations; (c) applicable standards; or (d) state
minimum standards.
[Title 71 RCW—page 54]
(9) The superior court may restrain any regional support
network or service provider from operating without certification or a license or any other violation of this section. The
court may also review, pursuant to procedures contained in
chapter 34.05 RCW, any denial, suspension, limitation,
restriction, or revocation of certification or license, and grant
other relief required to enforce the provisions of this chapter.
(10) Upon petition by the secretary, and after hearing
held upon reasonable notice to the facility, the superior court
may issue a warrant to an officer or employee of the secretary
authorizing him or her to enter at reasonable times, and
examine the records, books, and accounts of any regional
support network or service provider refusing to consent to
inspection or examination by the authority.
(11) Notwithstanding the existence or pursuit of any
other remedy, the secretary may file an action for an injunction or other process against any person or governmental unit
to restrain or prevent the establishment, conduct, or operation
of a regional support network or service provider without certification or a license under this chapter.
(12) The standards for certification of evaluation and
treatment facilities shall include standards relating to maintenance of good physical and mental health and other services
to be afforded persons pursuant to this chapter and chapters
71.05 and 71.34 RCW, and shall otherwise assure the effectuation of the purposes of these chapters.
(13)(a) The department, in consultation with affected
parties, shall establish a distribution formula that reflects
county needs assessments based on the number of persons
who are acutely mentally ill, chronically mentally ill,
severely emotionally disturbed children, and seriously disturbed. The formula shall take into consideration the impact
on counties of demographic factors in counties which result
in concentrations of priority populations as set forth in subsection (5)(b) of this section. These factors shall include the
population concentrations resulting from commitments under
chapters 71.05 and 71.34 RCW to state psychiatric hospitals,
as well as concentration in urban areas, at border crossings at
state boundaries, and other significant demographic and
workload factors.
(b) The formula shall also include a projection of the
funding allocations that will result for each county, which
specifies allocations according to priority populations,
including the allocation for services to children and other
underserved populations.
(c) After July 1, 2003, the department may allocate up to
two percent of total funds to be distributed to the regional
support networks for incentive payments to reward the
achievement of superior outcomes, or significantly improved
outcomes, as measured by a statewide performance measurement system consistent with the framework recommended in
the joint legislative audit and review committee's performance audit of the mental health system. The department
shall annually report to the legislature on its criteria and allocation of the incentives provided under this subsection.
(14) The secretary shall assume all duties assigned to the
nonparticipating counties under chapters 71.05, 71.34, and
71.24 RCW. Such responsibilities shall include those which
would have been assigned to the nonparticipating counties
under regional support networks.
(2004 Ed.)
Community Mental Health Services Act
The regional support networks, or the secretary's
assumption of all responsibilities under chapters 71.05,
71.34, and 71.24 RCW, shall be included in all state and federal plans affecting the state mental health program including
at least those required by this chapter, the medicaid program,
and P.L. 99-660. Nothing in these plans shall be inconsistent
with the intent and requirements of this chapter.
(15) The secretary shall:
(a) Disburse funds for the regional support networks
within sixty days of approval of the biennial contract. The
department must either approve or reject the biennial contract
within sixty days of receipt.
(b) Enter into biennial contracts with regional support
networks. The contracts shall be consistent with available
resources. No contract shall be approved that does not
include progress toward meeting the goals of this chapter by
taking responsibility for: (i) Short-term commitments; (ii)
residential care; and (iii) emergency response systems.
(c) Allocate one hundred percent of available resources
to the regional support networks in accordance with subsection (13) of this section. Incentive payments authorized under
subsection (13) of this section may be allocated separately
from other available resources.
(d) Notify regional support networks of their allocation
of available resources at least sixty days prior to the start of a
new biennial contract period.
(e) Deny funding allocations to regional support networks based solely upon formal findings of noncompliance
with the terms of the regional support network's contract with
the department. Written notice and at least thirty days for corrective action must precede any such action. In such cases,
regional support networks shall have full rights to appeal
under chapter 34.05 RCW.
(16) The department, in cooperation with the state congressional delegation, shall actively seek waivers of federal
requirements and such modifications of federal regulations as
are necessary to allow federal medicaid reimbursement for
services provided by free-standing evaluation and treatment
facilities certified under chapter 71.05 RCW. The department
shall periodically report its efforts to the appropriate committees of the senate and the house of representatives. [2001 c
334 § 7; 2001 c 323 § 10; 1999 c 10 § 4; 1998 c 245 § 137.
Prior: 1991 c 306 § 3; 1991 c 262 § 1; 1991 c 29 § 1; 1990
1st ex.s. c 8 § 1; 1989 c 205 § 3; 1987 c 105 § 1; 1986 c 274
§ 3; 1982 c 204 § 4.]
Reviser's note: *(1) Section 5 of this act was vetoed by the governor.
(2) This section was amended by 2001 c 323 § 10 and by 2001 c 334 §
7, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2001 c 334: See note following RCW 71.24.805.
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
Conflict with federal requirements—1991 c 306: See note following
RCW 71.24.015.
Effective date—1987 c 105: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 105 § 2.]
Effective date—1986 c 274 §§ 1, 2, 3, 5, and 9: See note following
RCW 71.24.015.
(2004 Ed.)
71.24.045
71.24.037 Licensed service providers, residential services, community support services—Minimum standards. (1) The secretary shall by rule establish state minimum standards for licensed service providers and services.
(2) Minimum standards for licensed service providers
shall, at a minimum, establish: Qualifications for staff providing services directly to mentally ill persons, the intended
result of each service, and the rights and responsibilities of
persons receiving mental health services pursuant to this
chapter. The secretary shall provide for deeming of licensed
service providers as meeting state minimum standards as a
result of accreditation by a recognized behavioral health
accrediting body recognized and having a current agreement
with the department.
(3) Minimum standards for community support services
and resource management services shall include at least qualifications for resource management services, client tracking
systems, and the transfer of patient information between service providers. [2001 c 323 § 11; 1999 c 10 § 5.]
71.24.037
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
71.24.045 County authority powers and duties. The
county authority shall:
(1) Contract as needed with licensed service providers.
The county authority may, in the absence of a licensed service provider entity, become a licensed service provider
entity pursuant to minimum standards required for licensing
by the department for the purpose of providing services not
available from licensed service providers;
(2) Operate as a licensed service provider if it deems that
doing so is more efficient and cost effective than contracting
for services. When doing so, the county authority shall comply with rules promulgated by the secretary that shall provide
measurements to determine when a county provided service
is more efficient and cost effective;
(3) Monitor and perform biennial fiscal audits of
licensed service providers who have contracted with the
county to provide services required by this chapter. The monitoring and audits shall be performed by means of a formal
process which insures that the licensed service providers and
professionals designated in this subsection meet the terms of
their contracts;
(4) Assure that the special needs of minorities, the elderly, disabled, children, and low-income persons are met
within the priorities established in this chapter;
(5) Maintain patient tracking information in a central
location as required for resource management services and
the department's information system;
(6) Use not more than two percent of state-appropriated
community mental health funds, which shall not include federal funds, to administer community mental health programs
under RCW 71.24.155: PROVIDED, That county authorities
serving a county or combination of counties whose population is one hundred twenty-five thousand or more may be
entitled to sufficient state-appropriated community mental
health funds to employ up to one full-time employee or the
equivalent thereof in addition to the two percent limit established in this subsection when such employee is providing
staff services to a county mental health advisory board;
(7) Coordinate services for individuals who have
received services through the community mental health sys71.24.045
[Title 71 RCW—page 55]
71.24.049
Title 71 RCW: Mental Illness
tem and who become patients at a state mental hospital.
[2001 c 323 § 12; 1992 c 230 § 5. Prior: 1991 c 363 § 147;
1991 c 306 § 5; 1991 c 29 § 2; 1989 c 205 § 4; 1986 c 274 §
5; 1982 c 204 § 5.]
Effective date—1992 c 230 § 5: "Section 5 of this act shall take effect
July 1, 1995." [1992 c 230 § 8.]
Intent—1992 c 230: See note following RCW 72.23.025.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Conflict with federal requirements—1991 c 306: See note following
RCW 71.24.015.
Effective date—1986 c 274 §§ 1, 2, 3, 5, and 9: See note following
RCW 71.24.015.
gency needs and technical assistance under this chapter.
[2001 c 323 § 14; 1987 c 505 § 65; 1986 c 274 § 9; 1982 c 204
§ 9.]
Effective date—1986 c 274 §§ 1, 2, 3, 5, and 9: See note following
RCW 71.24.015.
71.24.160
71.24.160 Proof as to uses made of state funds. The
regional support networks shall make satisfactory showing to
the secretary that state funds shall in no case be used to
replace local funds from any source being used to finance
mental health services prior to January 1, 1990. [2001 c 323
§ 15; 1989 c 205 § 7; 1982 c 204 § 10; 1967 ex.s. c 111 § 16.]
71.24.200
71.24.049 Identification by regional support network—Children's mental health services. By January 1st
of each odd-numbered year, the regional support network
shall identify: (1) The number of children in each priority
group, as defined by this chapter, who are receiving mental
health services funded in part or in whole under this chapter,
(2) the amount of funds under this chapter used for children's
mental health services, (3) an estimate of the number of
unserved children in each priority group, and (4) the estimated cost of serving these additional children and their families. [2001 c 323 § 13; 1999 c 10 § 6; 1986 c 274 § 6.]
71.24.049
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
71.24.100 Joint agreements of county authorities—
Required provisions. Any agreement between two or more
county authorities for the establishment of a community mental health program shall provide:
(1) That each county shall bear a share of the cost of
mental health services; and
(2) That the treasurer of one participating county shall be
the custodian of funds made available for the purposes of
such mental health services, and that the treasurer may make
payments from such funds upon audit by the appropriate
auditing officer of the county for which he is treasurer. [1982
c 204 § 7; 1967 ex.s. c 111 § 10.]
71.24.100
71.24.110 Joint agreements of county authorities—
Permissive provisions. An agreement for the establishment
of a community mental health program under RCW
71.24.100 may also provide:
(1) For the joint supervision or operation of services and
facilities, or for the supervision or operation of service and
facilities by one participating county under contract for the
other participating counties; and
(2) For such other matters as are necessary or proper to
effectuate the purposes of this chapter. [1999 c 10 § 7; 1982
c 204 § 8; 1967 ex.s. c 111 § 11.]
71.24.110
71.24.200 Expenditures of county funds subject to
county fiscal laws. Expenditures of county funds under this
chapter shall be subject to the provisions of chapter 36.40
RCW and other statutes relating to expenditures by counties.
[1967 ex.s. c 111 § 20.]
71.24.215
71.24.215 Clients to be charged for services. Clients
receiving mental health services funded by available
resources shall be charged a fee under sliding-scale fee
schedules, based on ability to pay, approved by the department. Fees shall not exceed the actual cost of care. [1982 c
204 § 11.]
71.24.220
71.24.220 Reimbursement may be withheld for noncompliance with chapter or related rules. The secretary
may withhold state grants in whole or in part for any community mental health program in the event of a failure to comply
with this chapter or the related rules adopted by the department. [1999 c 10 § 8; 1982 c 204 § 12; 1967 ex.s. c 111 § 22.]
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
71.24.240
71.24.240 County program plans to be approved by
secretary prior to submittal to federal agency. In order to
establish eligibility for funding under this chapter, any county
or counties seeking to obtain federal funds for the support of
any aspect of a community mental health program as defined
in this chapter shall submit program plans to the secretary for
prior review and approval before such plans are submitted to
any federal agency. [1982 c 204 § 13; 1967 ex.s. c 111 § 24.]
71.24.250
71.24.250 Regional support network may accept and
expend gifts and grants. The regional support network may
accept and expend gifts and grants received from private,
county, state, and federal sources. [2001 c 323 § 16; 1982 c
204 § 14; 1967 ex.s. c 111 § 25.]
71.24.260
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
71.24.155 Grants to regional support networks—
Accounting. Grants shall be made by the department to
regional support networks for community mental health programs totaling not less than ninety-five percent of available
resources. The department may use up to forty percent of the
remaining five percent to provide community demonstration
projects, including early intervention or primary prevention
programs for children, and the remainder shall be for emer71.24.155
[Title 71 RCW—page 56]
71.24.260 Waiver of postgraduate educational
requirements. The department shall waive postgraduate
educational requirements applicable to mental health professionals under this chapter for those persons who have a bachelor's degree and on June 11, 1986:
(1) Are employed by an agency subject to licensure
under this chapter, the community mental health services act,
in a capacity involving the treatment of mental illness; and
(2) Have at least ten years of full-time experience in the
treatment of mental illness. [1986 c 274 § 10.]
(2004 Ed.)
Community Mental Health Services Act
71.24.300
71.24.300 Regional support networks—Roles and
responsibilities. A county authority or a group of county
authorities whose combined population is no less than forty
thousand may enter into a joint operating agreement to form
a regional support network. Upon the request of a tribal
authority or authorities within a regional support network the
joint operating agreement or the county authority shall allow
for the inclusion of the tribal authority to be represented as a
party to the regional support network. The roles and responsibilities of the county and tribal authorities shall be determined by the terms of that agreement including a determination of membership on the governing board and advisory
committees, the number of tribal representatives to be party
to the agreement, and the provisions of law and shall assure
the provision of culturally competent services to the tribes
served. The state mental health authority may not determine
the roles and responsibilities of county authorities as to each
other under regional support networks by rule, except to
assure that all duties required of regional support networks
are assigned and that counties and the regional support network do not duplicate functions and that a single authority
has final responsibility for all available resources and performance under the regional support network's contract with the
secretary.
(1) Regional support networks shall submit an overall
six-year operating and capital plan, timeline, and budget and
submit progress reports and an updated two-year plan biennially thereafter, to assume within available resources all of the
following duties:
(a) Administer and provide for the availability of all
resource management services, residential services, and community support services.
(b) Assume the powers and duties of county authorities
within its area as described in RCW 71.24.045 (1) through
(7).
(c) Administer and provide for the availability of all
investigation, transportation, court-related, and other services
provided by the state or counties pursuant to chapter 71.05
RCW.
(d) Provide within the boundaries of each regional support network evaluation and treatment services for at least
eighty-five percent of persons detained or committed for
periods up to seventeen days according to chapter 71.05
RCW. Regional support networks with populations of less
than one hundred fifty thousand may contract to purchase
evaluation and treatment services from other networks. Insofar as the original intent of serving persons in the community
is maintained, the secretary is authorized to approve exceptions on a case-by-case basis to the requirement to provide
evaluation and treatment services within the boundaries of
each regional support network. Such exceptions are limited to
contracts with neighboring or contiguous regions.
(e) Administer a portion of funds appropriated by the
legislature to house mentally ill persons in state institutions
from counties within the boundaries of any regional support
network, with the exception of persons currently confined at,
or under the supervision of, a state mental hospital pursuant
to chapter 10.77 RCW, and provide for the care of all persons
needing evaluation and treatment services for periods up to
seventeen days according to chapter 71.05 RCW in appropriate residential services, which may include state institutions.
(2004 Ed.)
71.24.300
The regional support networks shall reimburse the state for
use of state institutions at a rate equal to that assumed by the
legislature when appropriating funds for such care at state
institutions during the biennium when reimbursement occurs.
The secretary shall submit a report to the appropriate committees of the senate and house of representatives on the
efforts to implement this section by October 1, 2002. The
duty of a state hospital to accept persons for evaluation and
treatment under chapter 71.05 RCW is limited by the responsibilities assigned to regional support networks under this
section.
(f) Administer and provide for the availability of all
other mental health services, which shall include patient
counseling, day treatment, consultation, education services,
employment services as defined in RCW 71.24.035, and
mental health services to children as provided in this chapter
designed to achieve the outcomes specified in *section 5 of
this act.
(g) Establish standards and procedures for reviewing
individual service plans and determining when that person
may be discharged from resource management services.
(2) Regional support networks shall assume all duties
assigned to county authorities by this chapter and chapter
71.05 RCW.
(3) A regional support network may request that any
state-owned land, building, facility, or other capital asset
which was ever purchased, deeded, given, or placed in trust
for the care of the mentally ill and which is within the boundaries of a regional support network be made available to support the operations of the regional support network. State
agencies managing such capital assets shall give first priority
to requests for their use pursuant to this chapter.
(4) Each regional support network shall appoint a mental
health advisory board which shall review and provide comments on plans and policies developed under this chapter.
The composition of the board shall be broadly representative
of the demographic character of the region and the mentally
ill persons served therein. Length of terms of board members
shall be determined by the regional support network.
(5) Regional support networks shall assume all duties
specified in their plans and joint operating agreements
through biennial contractual agreements with the secretary.
(6) Counties or groups of counties participating in a
reg ional su pp ort n etwo rk ar e n ot su bje c t to RCW
71.24.045(6).
(7) Regional support networks may receive technical
assistance from the housing trust fund and may identify and
submit projects for housing and housing support services to
the housing trust fund established under chapter 43.185
RCW. Projects identified or submitted under this subsection
must be fully integrated with the regional support network
six-year operating and capital plan, timeline, and budget
required by subsection (1) of this section. [2001 c 323 § 17.
Prior: 1999 c 214 § 8; 1999 c 10 § 9; 1994 c 204 § 2; 1992 c
230 § 6; prior: 1991 c 295 § 3; 1991 c 262 § 2; 1991 c 29 §
3; 1989 c 205 § 5.]
*Reviser's note: Section 5 of this act was vetoed by the governor.
Intent—Effective date—1999 c 214: See notes following RCW
72.09.370.
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
Intent—1992 c 230: See note following RCW 72.23.025.
[Title 71 RCW—page 57]
71.24.310
Title 71 RCW: Mental Illness
Evaluation of transition to regional systems—1989 c 205: See note
following RCW 71.24.015.
71.24.310
71.24.310 Implementation of chapters 71.05 and
71.24 RCW through regional support networks. The legislature finds that administration of chapter 71.05 RCW and
this chapter can be most efficiently and effectively implemented as part of the regional support network defined in
RCW 71.24.025. For this reason, the legislature intends that
any enhanced program funding for implementation of chapter
71.05 RCW or this chapter, except for funds allocated for
implementation of mandatory statewide programs as required
by federal statute, be made available primarily to those counties participating in regional support networks. [1989 c 205 §
6.]
Evaluation of transition to regional systems—1989 c 205: See note
following RCW 71.24.015.
71.24.400
71.24.400 Streamlining delivery system—Finding.
The legislature finds that the current complex set of federal,
state, and local rules and regulations, audited and administered at multiple levels, which affect the community mental
health service delivery system, focus primarily on the process
of providing mental health services and do not sufficiently
address consumer and system outcomes. The legislature finds
that the department and the community mental health service
delivery system must make ongoing efforts to achieve the
purposes set forth in RCW 71.24.015 related to reduced
administrative layering, duplication, elimination of process
measures not specifically required by the federal government
for the receipt of federal funds, and reduced administrative
costs. [2001 c 323 § 18; 1999 c 10 § 10; 1995 c 96 § 1; 1994
c 259 § 1.]
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
Effective date—1995 c 96: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 18, 1995]." [1995 c 96 § 5.]
71.24.405
71.24.405 Streamlining delivery system. The department shall establish a comprehensive and collaborative effort
within regional support networks and with local mental
health service providers aimed at creating innovative and
streamlined community mental health service delivery systems, in order to carry out the purposes set forth in RCW
71.24.400 and to capture the diversity of the community
mental health service delivery system.
The department must accomplish the following:
(1) Identification, review, and cataloging of all rules,
regulations, duplicative administrative and monitoring functions, and other requirements that currently lead to inefficiencies in the community mental health service delivery system
and, if possible, eliminate the requirements;
(2) The systematic and incremental development of a
single system of accountability for all federal, state, and local
funds provided to the community mental health service delivery system. Systematic efforts should be made to include federal and local funds into the single system of accountability;
(3) The elimination of process regulations and related
contract and reporting requirements. In place of the regulations and requirements, a set of outcomes for mental health
[Title 71 RCW—page 58]
adult and children clients according to chapter 71.24 RCW
must be used to measure the performance of mental health
service providers and regional support networks. Such outcomes shall focus on stabilizing out-of-home and hospital
care, increasing stable community living, increasing ageappropriate activities, achieving family and consumer satisfaction with services, and system efficiencies;
(4) Evaluation of the feasibility of contractual agreements between the department of social and health services
and regional support networks and mental health service providers that link financial incentives to the success or failure of
mental health service providers and regional support networks to meet outcomes established for mental health service
clients;
(5) The involvement of mental health consumers and
their representatives. Mental health consumers and their representatives will be involved in the development of outcome
standards for mental health clients under *section 5 of this
act; and
(6) An independent evaluation component to measure
the success of the department in fully implementing the provisions of RCW 71.24.400 and this section. [2001 c 323 §
19; 1999 c 10 § 11; 1995 c 96 § 2; 1994 c 259 § 2.]
*Reviser's note: Section 5 of this act was vetoed by the governor.
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
Effective date—1995 c 96: See note following RCW 71.24.400.
71.24.415
71.24.415 Streamlining delivery system—Department duties to achieve outcomes. To carry out the purposes
specified in RCW 71.24.400, the department is encouraged to
utilize its authority to eliminate any unnecessary rules, regulations, standards, or contracts, to immediately eliminate
duplication of audits or any other unnecessarily duplicated
functions, and to seek any waivers of federal or state rules or
regulations necessary to achieve the purpose of streamlining
the community mental health service delivery system and
infusing it with incentives that reward efficiency, positive
outcomes for clients, and quality services. [1999 c 10 § 12;
1995 c 96 § 3; 1994 c 259 § 4.]
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
Effective date—1995 c 96: See note following RCW 71.24.400.
71.24.420
71.24.420 Expenditure of federal funds. The department shall operate the community mental health service
delivery system authorized under this chapter within the following constraints:
(1) The full amount of federal funds for mental health
services, plus qualifying state expenditures as appropriated in
the biennial operating budget, shall be appropriated to the
department each year in the biennial appropriations act to
carry out the provisions of the community mental health service delivery system authorized in this chapter.
(2) The department may expend funds defined in subsection (1) of this section in any manner that will effectively
accomplish the outcome measures defined in *section 5 of
this act.
(3) The department shall implement strategies that
accomplish the outcome measures identified in *section 5 of
this act that are within the funding constraints in this section.
(2004 Ed.)
Community Mental Health Services Act
(4) The department shall monitor expenditures against
the appropriation levels provided for in subsection (1) of this
section. [2001 c 323 § 2.]
*Reviser's note: Section 5 of this act was vetoed by the governor.
71.24.430
71.24.430 Collaborative service delivery. (1) The
department shall ensure the coordination of allied services for
mental health clients. The department shall implement strategies for resolving organizational, regulatory, and funding
issues at all levels of the system, including the state, the
regional support networks, and local service providers.
(2) The department shall propose, in operating budget
requests, transfers of funding among programs to support collaborative service delivery to persons who require services
from multiple department programs. The department shall
report annually to the appropriate committees of the senate
and house of representatives on actions and projects it has
taken to promote collaborative service delivery. [2001 c 323
§ 3.]
71.24.450
71.24.450 Mentally ill offenders—Findings and
intent. (1) Many acute and chronically mentally ill offenders
are delayed in their release from Washington correctional
facilities due to their inability to access reasonable treatment
and living accommodations prior to the maximum expiration
of their sentences. Often the offender reaches the end of his or
her sentence and is released without any follow-up care,
funds, or housing. These delays are costly to the state, often
lead to psychiatric relapse, and result in unnecessary risk to
the public.
These offenders rarely possess the skills or emotional
stability to maintain employment or even complete applications to receive entitlement funding. Nation-wide only five
percent of diagnosed schizophrenics are able to maintain
part-time or full-time employment. Housing and appropriate
treatment are difficult to obtain.
This lack of resources, funding, treatment, and housing
creates additional stress for the mentally ill offender, impairing self-control and judgment. When the mental illness is
instrumental in the offender's patterns of crime, such stresses
may lead to a worsening of his or her illness, reoffending, and
a threat to public safety.
(2) It is the intent of the legislature to create a pilot program to provide for postrelease mental health care and housing for a select group of mentally ill offenders entering community living, in order to reduce incarceration costs, increase
public safety, and enhance the offender's quality of life.
[1997 c 342 § 1.]
Severability—1997 c 342: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 342 § 6.]
71.24.455
71.24.455 Mentally ill offenders—Contracts for specialized access and services. (1) The secretary shall select
and contract with a regional support network or private provider to provide specialized access and services to mentally
ill offenders upon release from total confinement within the
department of corrections who have been identified by the
department of corrections and selected by the regional support network or private provider as high-priority clients for
(2004 Ed.)
71.24.455
services and who meet service program entrance criteria. The
program shall enroll no more than twenty-five offenders at
any one time, or a number of offenders that can be accommodated within the appropriated funding level, and shall seek to
fill any vacancies that occur.
(2) Criteria shall include a determination by department
of corrections staff that:
(a) The offender suffers from a major mental illness and
needs continued mental health treatment;
(b) The offender's previous crime or crimes have been
determined by either the court or department of corrections
staff to have been substantially influenced by the offender's
mental illness;
(c) It is believed the offender will be less likely to commit further criminal acts if provided ongoing mental health
care;
(d) The offender is unable or unlikely to obtain housing
and/or treatment from other sources for any reason; and
(e) The offender has at least one year remaining before
his or her sentence expires but is within six months of release
to community housing and is currently housed within a work
release facility or any department of corrections' division of
prisons facility.
(3) The regional support network or private provider
shall provide specialized access and services to the selected
offenders. The services shall be aimed at lowering the risk of
recidivism. An oversight committee composed of a representative of the department, a representative of the selected
regional support network or private provider, and a representative of the department of corrections shall develop policies
to guide the pilot program, provide dispute resolution including making determinations as to when entrance criteria or
required services may be waived in individual cases, advise
the department of corrections and the regional support network or private provider on the selection of eligible offenders, and set minimum requirements for service contracts. The
selected regional support network or private provider shall
implement the policies and service contracts. The following
services shall be provided:
(a) Intensive case management to include a full range of
intensive community support and treatment in client-to-staff
ratios of not more than ten offenders per case manager
including: (i) A minimum of weekly group and weekly individual counseling; (ii) home visits by the program manager at
least two times per month; and (iii) counseling focusing on
relapse prevention and past, current, or future behavior of the
offender.
(b) The case manager shall attempt to locate and procure
housing appropriate to the living and clinical needs of the
offender and as needed to maintain the psychiatric stability of
the offender. The entire range of emergency, transitional, and
permanent housing and involuntary hospitalization must be
considered as available housing options. A housing subsidy
may be provided to offenders to defray housing costs up to a
maximum of six thousand six hundred dollars per offender
per year and be administered by the case manager. Additional
funding sources may be used to offset these costs when available.
(c) The case manager shall collaborate with the assigned
prison, work release, or community corrections staff during
release planning, prior to discharge, and in ongoing supervi[Title 71 RCW—page 59]
71.24.460
Title 71 RCW: Mental Illness
sion of the offender while under the authority of the department of corrections.
(d) Medications including the full range of psychotropic
medications including atypical antipsychotic medications
may be required as a condition of the program. Medication
prescription, medication monitoring, and counseling to support offender understanding, acceptance, and compliance
with prescribed medication regimens must be included.
(e) A systematic effort to engage offenders to continuously involve themselves in current and long-term treatment
and appropriate habilitative activities shall be made.
(f) Classes appropriate to the clinical and living needs of
the offender and appropriate to his or her level of understanding.
(g) The case manager shall assist the offender in the
application and qualification for entitlement funding, including medicaid, state assistance, and other available government and private assistance at any point that the offender is
qualified and resources are available.
(h) The offender shall be provided access to daily activities such as drop-in centers, prevocational and vocational
training and jobs, and volunteer activities.
(4) Once an offender has been selected into the pilot program, the offender shall remain in the program until the end
of his or her sentence or unless the offender is released from
the pilot program earlier by the department of corrections.
(5) Specialized training in the management and supervision of high-crime risk mentally ill offenders shall be provided to all participating mental health providers by the
department and the department of corrections prior to their
participation in the program and as requested thereafter.
(6) The pilot program provided for in this section must
be providing services by July 1, 1998. [1997 c 342 § 2.]
Severability—1997 c 342: See note following RCW 71.24.450.
71.24.460
71.24.460 Mentally ill offenders—Report to legislature—Contingent termination of program. The department, in collaboration with the department of corrections and
the oversight committee created in RCW 71.24.455, shall
track outcomes and submit to the legislature annual reports
regarding services and outcomes. The reports shall include
the following: (1) A statistical analysis regarding the reoffense and reinstitutionalization rate by the enrollees in the
program set forth in RCW 71.24.455; (2) a quantitative
description of the services provided in the program set forth
in RCW 71.24.455; and (3) recommendations for any needed
modifications in the services and funding levels to increase
the effectiveness of the program set forth in RCW 71.24.455.
By December 1, 2003, the department shall certify the reoffense rate for enrollees in the program authorized by RCW
71.24.455 to the office of financial management and the
appropriate legislative committees. If the reoffense rate
exceeds fifteen percent, the authorization for the department
to conduct the program under RCW 71.24.455 is terminated
on January 1, 2004. [1999 c 10 § 13; 1997 c 342 § 4.]
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
Severability—1997 c 342: See note following RCW 71.24.450.
71.24.470
71.24.470 Dangerous mentally ill offenders—Contract for case management—Use of appropriated funds.
[Title 71 RCW—page 60]
(1) The secretary shall contract, to the extent that funds are
appropriated for this purpose, for case management services
and such other services as the secretary deems necessary to
assist offenders identified under RCW 72.09.370. The contracts may be with regional support networks or any other
qualified and appropriate entities.
(2) The case manager has the authority to assist these
offenders in obtaining the services, as set forth in the plan
created under RCW 72.09.370(2), for up to five years. The
services may include coordination of mental health services,
assistance with unfunded medical expenses, obtaining chemical dependency treatment, housing, employment services,
educational or vocational training, independent living skills,
parenting education, anger management services, and such
other services as the case manager deems necessary.
(3) The legislature intends that funds appropriated for the
purposes of RCW 72.09.370, 71.05.145, and 71.05.212, and
this section and distributed to the regional support networks
are to supplement and not to supplant general funding. Funds
appropriated to implement RCW 72.09.370, 71.05.145, and
71.05.212, and this section are not to be considered available
resources as defined in RCW 71.24.025 and are not subject to
the statutory distribution formula established pursuant to
RCW 71.24.035. [1999 c 214 § 9.]
Intent—Effective date—1999 c 214: See notes following RCW
72.09.370.
71.24.480
71.24.480 Dangerous mentally ill offenders—Limitation on liability due to treatment—Reporting requirements. (1) A licensed service provider or regional support
network, acting in the course of the provider's or network's
duties under this chapter, is not liable for civil damages
resulting from the injury or death of another caused by a dangerous mentally ill offender who is a client of the provider or
network, unless the act or omission of the provider or network constitutes:
(a) Gross negligence;
(b) Willful or wanton misconduct; or
(c) A breach of the duty to warn of and protect from a client's threatened violent behavior if the client has communicated a serious threat of physical violence against a reasonably ascertainable victim or victims.
(2) In addition to any other requirements to report violations, the licensed service provider and regional support network shall report an offender's expressions of intent to harm
or other predatory behavior, regardless of whether there is an
ascertainable victim, in progress reports and other established
processes that enable courts and supervising entities to assess
and address the progress and appropriateness of treatment.
(3) A licensed service provider's or regional support network's mere act of treating a dangerous mentally ill offender
is not negligence. Nothing in this subsection alters the
licensed service provider's or regional support network's normal duty of care with regard to the client.
(4) The limited liability provided by this section applies
only to the conduct of licensed service providers and regional
support networks and does not apply to conduct of the state.
(5) For purposes of this section, "dangerous mentally ill
offender" means a person who has been identified under
RCW 72.09.370 as an offender who: (a) Is reasonably
(2004 Ed.)
Mental Health and Developmental Disabilities Services—Interstate Contracts
believed to be dangerous to himself or herself or others; and
(b) has a mental disorder. [2002 c 173 § 1.]
71.24.805
71.24.805 Mental health system review—Performance audit recommendations affirmed. The legislature
affirms its support for those recommendations of the performance audit of the public mental health system conducted by
the joint legislative audit and review committee relating to:
Improving the coordination of services for clients with multiple needs; improving the consistency of client, service, and
fiscal data collected by the mental health division; replacing
process-oriented accountability activities with a uniform
statewide outcome measurement system; and using outcome
information to identify and provide incentives for best practices in the provision of public mental health services. [2001
c 334 § 1.]
Effective date—2001 c 334: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 15, 2001]." [2001 c 334 § 10.]
71.32.010
Chapter 71.28 RCW
MENTAL HEALTH AND DEVELOPMENTAL
DISABILITIES SERVICES—
INTERSTATE CONTRACTS
Chapter 71.28
Sections
71.28.010
Contracts by boundary counties or cities therein.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
71.28.010
71.28.010 Contracts by boundary counties or cities
therein. Any county, or city within a county which is situated on the state boundaries is authorized to contract for mental health services with a county situated in either the states of
Oregon or Idaho, located on the boundaries of such states
with the state of Washington. [1988 c 176 § 911; 1977 ex.s.
c 80 § 44; 1967 c 84 § 1.]
Severability—1988 c 176: See RCW 71A.10.900.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Chapter 71.32 RCW
MENTAL HEALTH ADVANCE DIRECTIVES
Chapter 71.32
71.24.810
71.24.810 Mental health system review—Implementation of performance audit recommendations. The legislature supports recommendations 1 through 10 and 12
through 14 of the mental health system performance audit
conducted by the joint legislative audit and review committee. The legislature expects the department of social and
health services to work diligently within available funds to
implement these recommendations. [2001 c 334 § 2.]
Effective date—2001 c 334: See note following RCW 71.24.805.
71.24.840
71.24.840 Mental health system review—Study of
long-term outcomes. The Washington institute for public
policy shall conduct a longitudinal study of long-term client
outcomes to assess any changes in client status at two, five,
and ten years. The measures tracked shall include client
change as a result of services, employment and/or education,
housing stability, criminal justice involvement, and level of
services needed. The institute shall report these long-term
outcomes to the appropriate policy and fiscal committee of
the legislature annually beginning not later than December
31, 2005. [2001 c 334 § 5.]
Effective date—2001 c 334: See note following RCW 71.24.805.
71.24.900
71.24.900 Effective date—1967 ex.s. c 111. This act
shall take effect on July 1, 1967. [1967 ex.s. c 111 § 26.]
71.24.901
71.24.901 Severability—1982 c 204. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 204 § 28.]
71.24.902
71.24.902 Construction. Nothing in this chapter shall
be construed as prohibiting the secretary from consolidating
within the department children's mental health services with
other departmental services related to children. [1986 c 274
§ 7.]
(2004 Ed.)
Sections
71.32.010
71.32.020
71.32.030
71.32.040
71.32.050
71.32.060
71.32.070
71.32.080
71.32.090
71.32.100
71.32.110
71.32.120
71.32.130
71.32.140
71.32.150
71.32.160
71.32.170
71.32.180
71.32.190
71.32.200
71.32.210
71.32.220
71.32.230
71.32.240
71.32.250
71.32.260
71.32.900
71.32.901
Legislative declaration—Findings.
Definitions.
Construction of definitions.
Adult presumed to have capacity.
Execution of directive—Scope.
Execution of directive—Elements—Effective date—Expiration.
Prohibited elements.
Revocation—Waiver.
Witnesses.
Appointment of agent.
Determination of capacity.
Action to contest directive.
Determination of capacity—Reevaluations of capacity.
Refusal of admission to inpatient treatment—Effect of directive.
Compliance with directive—Conditions for noncompliance.
Electroconvulsive therapy.
Providers—Immunity from liability—Conditions.
Multiple directives, agents—Effect—Disclosure of court
orders.
Preexisting, foreign directives—Validity.
Fraud, duress, undue influence—Appointment of guardian.
Execution of directive not evidence of mental disorder or lack
of capacity.
Requiring directive prohibited.
Coercion, threats prohibited.
Other authority not limited.
Long-term care facility residents—Readmission after inpatient
mental health treatment—Evaluation, report to legislature.
Form.
Severability—2003 c 283.
Part headings not law—2003 c 283.
71.32.010
71.32.010 Legislative declaration—Findings. (1) The
legislature declares that an individual with capacity has the
ability to control decisions relating to his or her own mental
health care. The legislature finds that:
(a) Some mental illnesses cause individuals to fluctuate
between capacity and incapacity;
(b) During periods when an individual's capacity is
unclear, the individual may be unable to access needed treatment because the individual may be unable to give informed
consent;
[Title 71 RCW—page 61]
71.32.020
Title 71 RCW: Mental Illness
(c) Early treatment may prevent an individual from
becoming so ill that involuntary treatment is necessary; and
(d) Mentally ill individuals need some method of
expressing their instructions and preferences for treatment
and providing advance consent to or refusal of treatment.
The legislature recognizes that a mental health advance
directive can be an essential tool for an individual to express
his or her choices at a time when the effects of mental illness
have not deprived him or her of the power to express his or
her instructions or preferences.
(2) The legislature further finds that:
(a) A mental health advance directive must provide the
individual with a full range of choices;
(b) Mentally ill individuals have varying perspectives on
whether they want to be able to revoke a directive during
periods of incapacity;
(c) For a mental health advance directive to be an effective tool, individuals must be able to choose how they want
their directives treated during periods of incapacity; and
(d) There must be clear standards so that treatment providers can readily discern an individual's treatment choices.
Consequently, the legislature affirms that, pursuant to
other provisions of law, a validly executed mental health
advance directive is to be respected by agents, guardians, and
other surrogate decision makers, health care providers, professional persons, and health care facilities. [2003 c 283 § 1.]
71.32.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Adult" means any individual who has attained the
age of majority or is an emancipated minor.
(2) "Agent" has the same meaning as an attorney-in-fact
or agent as provided in chapter 11.94 RCW.
(3) "Capacity" means that an adult has not been found to
be incapacitated pur suan t to this chapter or RCW
11.88.010(1)(e).
(4) "Court" means a superior court under chapter 2.08
RCW.
(5) "Health care facility" means a hospital, as defined in
RCW 70.41.020; an institution, as defined in RCW
71.12.455; a state hospital, as defined in RCW 72.23.010; a
nursing home, as defined in RCW 18.51.010; or a clinic that
is part of a community mental health service delivery system,
as defined in RCW 71.24.025.
(6) "Health care provider" means an osteopathic physician or osteopathic physician's assistant licensed under chapter 18.57 or 18.57A RCW, a physician or physician's assistant
licensed under chapter 18.71 or 18.71A RCW, or an
advanced registered nurse practitioner licensed under RCW
18.79.050.
(7) "Incapacitated" means an adult who: (a) Is unable to
understand the nature, character, and anticipated results of
proposed treatment or alternatives; understand the recognized serious possible risks, complications, and anticipated
benefits in treatments and alternatives, including nontreatment; or communicate his or her understanding or treatment
decisions; or (b) has been found to be incompetent pursuant
to RCW 11.88.010(1)(e).
(8) "Informed consent" means consent that is given after
the person: (a) Is provided with a description of the nature,
71.32.020
[Title 71 RCW—page 62]
character, and anticipated results of proposed treatments and
alternatives, and the recognized serious possible risks, complications, and anticipated benefits in the treatments and
alternatives, including nontreatment, in language that the person can reasonably be expected to understand; or (b) elects
not to be given the information included in (a) of this subsection.
(9) "Long-term care facility" has the same meaning as
defined in RCW 43.190.020.
(10) "Mental disorder" means any organic, mental, or
emotional impairment which has substantial adverse effects
on an individual's cognitive or volitional functions.
(11) "Mental health advance directive" or "directive"
means a written document in which the principal makes a
declaration of instructions or preferences or appoints an agent
to make decisions on behalf of the principal regarding the
principal's mental health treatment, or both, and that is consistent with the provisions of this chapter.
(12) "Mental health professional" means a psychiatrist,
psychologist, psychiatric nurse, or social worker, and such
other mental health professionals as may be defined by rules
adopted by the secretary pursuant to the provisions of chapter
71.05 RCW.
(13) "Principal" means an adult who has executed a mental health advance directive.
(14) "Professional person" means a mental health professional and shall also mean a physician, registered nurse, and
such others as may be defined by rules adopted by the secretary pursuant to the provisions of chapter 71.05 RCW. [2003
c 283 § 2.]
71.32.030
71.32.030 Construction of definitions. (1) The definition of informed consent is to be construed to be consistent
with that term as it is used in chapter 7.70 RCW.
(2) The definitions of mental disorder, mental health professional, and professional person are to be construed to be
consistent with those terms as they are defined in RCW
71.05.020. [2003 c 283 § 3.]
71.32.040
71.32.040 Adult presumed to have capacity. For the
purposes of this chapter, an adult is presumed to have capacity. [2003 c 283 § 4.]
71.32.050
71.32.050 Execution of directive—Scope. (1) An
adult with capacity may execute a mental health advance
directive.
(2) A directive executed in accordance with this chapter
is presumed to be valid. The inability to honor one or more
provisions of a directive does not affect the validity of the
remaining provisions.
(3) A directive may include any provision relating to
mental health treatment or the care of the principal or the
principal's personal affairs. Without limitation, a directive
may include:
(a) The principal's preferences and instructions for mental health treatment;
(b) Consent to specific types of mental health treatment;
(c) Refusal to consent to specific types of mental health
treatment;
(2004 Ed.)
Mental Health Advance Directives
(d) Consent to admission to and retention in a facility for
mental health treatment for up to fourteen days;
(e) Descriptions of situations that may cause the principal to experience a mental health crisis;
(f) Suggested alternative responses that may supplement
or be in lieu of direct mental health treatment, such as treatment approaches from other providers;
(g) Appointment of an agent pursuant to chapter 11.94
RCW to make mental health treatment decisions on the principal's behalf, including authorizing the agent to provide consent on the principal's behalf to voluntary admission to inpatient mental health treatment; and
(h) The principal's nomination of a guardian or limited
guardian as provided in RCW 11.94.010 for consideration by
the court if guardianship proceedings are commenced.
(4) A directive may be combined with or be independent
of a nomination of a guardian or other durable power of attorney under chapter 11.94 RCW, so long as the processes for
each are executed in accordance with its own statutes. [2003
c 283 § 5.]
71.32.060
71.32.060 Execution of directive—Elements—Effective date—Expiration. (1) A directive shall:
(a) Be in writing;
(b) Contain language that clearly indicates that the principal intends to create a directive;
(c) Be dated and signed by the principal or at the principal's direction in the principal's presence if the principal is
unable to sign;
(d) Designate whether the principal wishes to be able to
revoke the directive during any period of incapacity or
wishes to be unable to revoke the directive during any period
of incapacity; and
(e) Be witnessed in writing by at least two adults, each of
whom shall declare that he or she personally knows the principal, was present when the principal dated and signed the
directive, and that the principal did not appear to be incapacitated or acting under fraud, undue influence, or duress.
(2) A directive that includes the appointment of an agent
under chapter 11.94 RCW shall contain the words "This
power of attorney shall not be affected by the incapacity of
the principal," or "This power of attorney shall become effective upon the incapacity of the principal," or similar words
showing the principal's intent that the authority conferred
shall be exercisable notwithstanding the principal's incapacity.
(3) A directive is valid upon execution, but all or part of
the directive may take effect at a later time as designated by
the principal in the directive.
(4) A directive may:
(a) Be revoked, in whole or in part, pursuant to the provisions of RCW 71.32.080; or
(b) Expire under its own terms. [2003 c 283 § 6.]
71.32.070
71.32.070 Prohibited elements. A directive may not:
(1) Create an entitlement to mental health or medical
treatment or supersede a determination of medical necessity;
(2) Obligate any health care provider, professional person, or health care facility to pay the costs associated with the
treatment requested;
(2004 Ed.)
71.32.080
(3) Obligate any health care provider, professional person, or health care facility to be responsible for the nontreatment personal care of the principal or the principal's personal
affairs outside the scope of services the facility normally provides;
(4) Replace or supersede the provisions of any will or
testamentary document or supersede the provisions of intestate succession;
(5) Be revoked by an incapacitated principal unless that
principal selected the option to permit revocation while incapacitated at the time his or her directive was executed; or
(6) Be used as the authority for inpatient admission for
more than fourteen days in any twenty-one day period. [2003
c 283 § 7.]
71.32.080 Revocation—Waiver. (1)(a) A principal
with capacity may, by written statement by the principal or at
the principal's direction in the principal's presence, revoke a
directive in whole or in part.
(b) An incapacitated principal may revoke a directive
only if he or she elected at the time of executing the directive
to be able to revoke when incapacitated.
(2) The revocation need not follow any specific form so
long as it is written and the intent of the principal can be discerned.
(3) The principal shall provide a copy of his or her written statement of revocation to his or her agent, if any, and to
each health care provider, professional person, or health care
facility that received a copy of the directive from the principal.
(4) The written statement of revocation is effective:
(a) As to a health care provider, professional person, or
health care facility, upon receipt. The professional person,
health care provider, or health care facility, or persons acting
under their direction shall make the statement of revocation
part of the principal's medical record; and
(b) As to the principal's agent, upon receipt. The principal's agent shall notify the principal's health care provider,
professional person, or health care facility of the revocation
and provide them with a copy of the written statement of
revocation.
(5) A directive also may:
(a) Be revoked, in whole or in part, expressly or to the
extent of any inconsistency, by a subsequent directive; or
(b) Be superseded or revoked by a court order, including
any order entered in a criminal matter. A directive may be
superseded by a court order regardless of whether the order
contains an explicit reference to the directive. To the extent
a directive is not in conflict with a court order, the directive
remains effective, subject to the provisions of RCW
71.32.150. A directive shall not be interpreted in a manner
that interferes with: (i) Incarceration or detention by the
department of corrections, in a city or county jail, or by the
department of social and health services; or (ii) treatment of a
principal who is subject to involuntary treatment pursuant to
chapter 10.77, 70.96A, 71.05, 71.09, or 71.34 RCW.
(6) A directive that would have otherwise expired but is
effective because the principal is incapacitated remains effective until the principal is no longer incapacitated unless the
principal has elected to be able to revoke while incapacitated
and has revoked the directive.
71.32.080
[Title 71 RCW—page 63]
71.32.090
Title 71 RCW: Mental Illness
(7) When a principal with capacity consents to treatment
that differs from, or refuses treatment consented to in, the
provisions of his or her directive, the consent or refusal constitutes a waiver of that provision and does not constitute a
revocation of the provision or directive unless the principal
also revokes the directive or provision. [2003 c 283 § 8.]
(8) If the directive gives the agent authority to act while
the principal has capacity, the decisions of the principal
supersede those of the agent at any time the principal has
capacity.
(9) Unless otherwise provided in the durable power of
attorney, the principal may revoke the agent's appointment as
provided under other state law. [2003 c 283 § 10.]
71.32.090
71.32.090 Witnesses. A witness may not be any of the
following:
(1) A person designated to make health care decisions on
the principal's behalf;
(2) A health care provider or professional person directly
involved with the provision of care to the principal at the time
the directive is executed;
(3) An owner, operator, employee, or relative of an
owner or operator of a health care facility or long-term care
facility in which the principal is a patient or resident;
(4) A person who is related by blood, marriage, or adoption to the person or with whom the principal has a dating
relationship, as defined in RCW 26.50.010;
(5) A person who is declared to be an incapacitated person; or
(6) A person who would benefit financially if the principal making the directive undergoes mental health treatment.
[2003 c 283 § 9.]
71.32.100
71.32.100 Appointment of agent. (1) If a directive
authorizes the appointment of an agent, the provisions of
chapter 11.94 RCW and RCW 7.70.065 shall apply unless
otherwise stated in this chapter.
(2) The principal who appoints an agent must notify the
agent in writing of the appointment.
(3) An agent must act in good faith.
(4) An agent may make decisions on behalf of the principal. Unless the principal has revoked the directive, the decisions must be consistent with the instructions and preferences
the principal has expressed in the directive, or if not
expressed, as otherwise known to the agent. If the principal's
instructions or preferences are not known, the agent shall
make a decision he or she determines is in the best interest of
the principal.
(5) Except to the extent the right is limited by the
appointment or any federal or state law, the agent has the
same right as the principal to receive, review, and authorize
the use and disclosure of the principal's health care information when the agent is acting on behalf of the principal and to
the extent required for the agent to carry out his or her duties.
This subsection shall be construed to be consistent with chapters 70.02, 70.24, 70.96A, 71.05, and 71.34 RCW, and with
federal law regarding health care information.
(6) Unless otherwise provided in the appointment and
agreed to in writing by the agent, the agent is not, as a result
of acting in the capacity of agent, personally liable for the
cost of treatment provided to the principal.
(7) An agent may resign or withdraw at any time by giving written notice to the principal. The agent must also give
written notice to any health care provider, professional person, or health care facility providing treatment to the principal. The resignation or withdrawal is effective upon receipt
unless otherwise specified in the resignation or withdrawal.
[Title 71 RCW—page 64]
71.32.110
71.32.110 Determination of capacity. (1) For the purposes of this chapter, a principal, agent, professional person,
or health care provider may seek a determination whether the
principal is incapacitated or has regained capacity.
(2)(a) For the purposes of this chapter, no adult may be
declared an incapacitated person except by:
(i) A court, if the request is made by the principal or the
principal's agent;
(ii) One mental health professional and one health care
provider; or
(iii) Two health care providers.
(b) One of the persons making the determination under
(a)(ii) or (iii) of this subsection must be a psychiatrist, psychologist, or a psychiatric advanced registered nurse practitioner.
(3) When a professional person or health care provider
requests a capacity determination, he or she shall promptly
inform the principal that:
(a) A request for capacity determination has been made;
and
(b) The principal may request that the determination be
made by a court.
(4) At least one mental health professional or health care
provider must personally examine the principal prior to making a capacity determination.
(5)(a) When a court makes a determination whether a
principal has capacity, the court shall, at a minimum, be
informed by the testimony of one mental health professional
familiar with the principal and shall, except for good cause,
give the principal an opportunity to appear in court prior to
the court making its determination.
(b) To the extent that local court rules permit, any party
or witness may testify telephonically.
(6) When a court has made a determination regarding a
principal's capacity and there is a subsequent change in the
principal's condition, subsequent determinations whether the
principal is incapacitated may be made in accordance with
any of the provisions of subsection (2) of this section. [2003
c 283 § 11.]
71.32.120
71.32.120 Action to contest directive. A principal may
bring an action to contest the validity of his or her directive.
If an action under this section is commenced while an action
to determine the principal's capacity is pending, the court
shall consolidate the actions and decide the issues simultaneously. [2003 c 283 § 12.]
71.32.130
71.32.130 Determination of capacity—Reevaluations
of capacity. (1) An initial determination of capacity must be
completed within forty-eight hours of a request made by a
person authorized in RCW 71.32.110. During the period
between the request for an initial determination of the princi(2004 Ed.)
Mental Health Advance Directives
pal's capacity and completion of that determination, the principal may not be treated unless he or she consents at the time
or treatment is otherwise authorized by state or federal law.
(2)(a)(i) When an incapacitated principal is admitted to
inpatient treatment pursuant to the provisions of his or her
directive, his or her capacity must be reevaluated within seventy-two hours or when there has been a change in the principal's condition that indicates that he or she appears to have
regained capacity, whichever occurs first.
(ii) When an incapacitated principal has been admitted to
and remains in inpatient treatment for more than seventy-two
hours pursuant to the provisions of his or her directive, the
principal's capacity must be reevaluated when there has been
a change in his or her condition that indicates that he or she
appears to have regained capacity.
(iii) When a principal who is being treated on an inpatient basis and has been determined to be incapacitated
requests, or his or her agent requests, a redetermination of the
principal's capacity the redetermination must be made within
seventy-two hours.
(b) When a principal who has been determined to be
incapacitated is being treated on an outpatient basis and there
is a request for a redetermination of his or her capacity, the
redetermination must be made within five days of the first
request following a determination.
(3)(a) When a principal who has appointed an agent for
mental health treatment decisions requests a determination or
redetermination of capacity, the agent must make reasonable
efforts to obtain the determination or redetermination.
(b) When a principal who does not have an agent for
mental health treatment decisions is being treated in an inpatient facility and requests a determination or redetermination
of capacity, the mental health professional or health care provider must complete the determination or, if the principal is
seeking a determination from a court, must make reasonable
efforts to notify the person authorized to make decisions for
the principal under RCW 7.70.065 of the principal's request.
(c) When a principal who does not have an agent for
mental health treatment decisions is being treated on an outpatient basis, the person requesting a capacity determination
must arrange for the determination.
(4) If no determination has been made within the time
frames established in subsection (1) or (2) of this section, the
principal shall be considered to have capacity.
(5) When an incapacitated principal is being treated pursuant to his or her directive, a request for a redetermination of
capacity does not prevent treatment. [2003 c 283 § 13.]
71.32.140 Refusal of admission to inpatient treatment—Effect of directive. (1) A principal who:
(a) Chose not to be able to revoke his or her directive
during any period of incapacity;
(b) Consented to voluntary admission to inpatient mental
health treatment, or authorized an agent to consent on the
principal's behalf; and
(c) At the time of admission to inpatient treatment,
refuses to be admitted,
may only be admitted into inpatient mental health treatment
under subsection (2) of this section.
(2) A principal may only be admitted to inpatient mental
health treatment under his or her directive if, prior to admis71.32.140
(2004 Ed.)
71.32.140
sion, a physician member of the treating facility's professional staff:
(a) Evaluates the principal's mental condition, including
a review of reasonably available psychiatric and psychological history, diagnosis, and treatment needs, and determines,
in conjunction with another health care provider or mental
health professional, that the principal is incapacitated;
(b) Obtains the informed consent of the agent, if any,
designated in the directive;
(c) Makes a written determination that the principal
needs an inpatient evaluation or is in need of inpatient treatment and that the evaluation or treatment cannot be accomplished in a less restrictive setting; and
(d) Documents in the principal's medical record a summary of the physician's findings and recommendations for
treatment or evaluation.
(3) In the event the admitting physician is not a psychiatrist, the principal shall receive a complete psychological
assessment by a mental health professional within twentyfour hours of admission to determine the continued need for
inpatient evaluation or treatment.
(4)(a) If it is determined that the principal has capacity,
then the principal may only be admitted to, or remain in,
inpatient treatment if he or she consents at the time or is
detained under the involuntary treatment provisions of chapter 70.96A, 71.05, or 71.34 RCW.
(b) If a principal who is determined by two health care
providers or one mental health professional and one health
care provider to be incapacitated continues to refuse inpatient
treatment, the principal may immediately seek injunctive
relief for release from the facility.
(5) If, at the end of the period of time that the principal or
the principal's agent, if any, has consented to voluntary inpatient treatment, but no more than fourteen days after admission, the principal has not regained capacity or has regained
capacity but refuses to consent to remain for additional treatment, the principal must be released during reasonable daylight hours, unless detained under chapter 70.96A, 71.05, or
71.34 RCW.
(6)(a) Except as provided in (b) of this subsection, any
principal who is voluntarily admitted to inpatient mental
health treatment under this chapter shall have all the rights
provided to individuals who are voluntarily admitted to inpatient treatment under chapter 71.05, 71.34, or 72.23 RCW.
(b) Notwithstanding RCW 71.05.050 regarding consent
to inpatient treatment for a specified length of time, the
choices an incapacitated principal expressed in his or her
directive shall control, provided, however, that a principal
who takes action demonstrating a desire to be discharged, in
addition to making statements requesting to be discharged,
shall be discharged, and no principal shall be restrained in
any way in order to prevent his or her discharge. Nothing in
this subsection shall be construed to prevent detention and
evaluation for civil commitment under chapter 71.05 RCW.
(7) Consent to inpatient admission in a directive is effective only while the professional person, health care provider,
and health care facility are in substantial compliance with the
material provisions of the directive related to inpatient treatment. [2004 c 39 § 2; 2003 c 283 § 14.]
Finding—Intent—2004 c 39: "Questions have been raised about the
intent of the legislature in cross-referencing RCW 71.05.050 without further
[Title 71 RCW—page 65]
71.32.150
Title 71 RCW: Mental Illness
clarification in RCW 71.32.140. The legislature finds that because RCW
71.05.050 pertains to a variety of rights as well as the procedures for detaining a voluntary patient for evaluation for civil commitment, and the legislature intended only to address the right of release upon request, there is ambiguity as to whether an incapacitated person admitted pursuant to his or her
mental health advance directive and seeking release can be held for evaluation for civil commitment under chapter 71.05 RCW. The legislature therefore intends to clarify the ambiguity without making any change to its
intended policy as laid out in chapter 71.32 RCW." [2004 c 39 § 1.]
71.32.150
71.32.150 Compliance with directive—Conditions
for noncompliance. (1) Upon receiving a directive, a health
care provider, professional person, or health care facility providing treatment to the principal, or persons acting under the
direction of the health care provider, professional person, or
health care facility, shall make the directive a part of the principal's medical record and shall be deemed to have actual
knowledge of the directive's contents.
(2) When acting under authority of a directive, a health
care provider, professional person, or health care facility
shall act in accordance with the provisions of the directive to
the fullest extent possible, unless in the determination of the
health care provider, professional person, or health care facility:
(a) Compliance with the provision would violate the
accepted standard of care established in RCW 7.70.040;
(b) The requested treatment is not available;
(c) Compliance with the provision would violate applicable law; or
(d) It is an emergency situation and compliance would
endanger any person's life or health.
(3)(a) In the case of a principal committed or detained
under the involuntary treatment provisions of chapter 10.77,
70.96A, 71.05, 71.09, or 71.34 RCW, those provisions of a
principal's directive that, in the determination of the health
care provider, professional person, or health care facility, are
inconsistent with the purpose of the commitment or with any
order of the court relating to the commitment are invalid during the commitment.
(b) Remaining provisions of a principal's directive are
advisory while the principal is committed or detained.
The treatment provider is encouraged to follow the
remaining provisions of the directive, except as provided in
(a) of this subsection or subsection (2) of this section.
(4) In the case of a principal who is incarcerated or committed in a state or local correctional facility, provisions of
the principal's directive that are inconsistent with reasonable
penological objectives or administrative hearings regarding
involuntary medication are invalid during the period of incarceration or commitment. In addition, treatment may be given
despite refusal of the principal or the provisions of the directive: (a) For any reason under subsection (2) of this section;
or (b) if, without the benefit of the specific treatment measure, there is a significant possibility that the person will
harm self or others before an improvement of the person's
condition occurs.
(5)(a) If the health care provider, professional person, or
health care facility is, at the time of receiving the directive,
unable or unwilling to comply with any part or parts of the
directive for any reason, the health care provider, professional person, or health care facility shall promptly notify the
[Title 71 RCW—page 66]
principal and, if applicable, his or her agent and shall document the reason in the principal's medical record.
(b) If the health care provider, professional person, or
health care facility is acting under authority of a directive and
is unable to comply with any part or parts of the directive for
the reasons listed in subsection (2) or (3) of this section, the
health care provider, professional person, or health care facility shall promptly notify the principal and if applicable, his or
her agent, and shall document the reason in the principal's
medical record.
(6) In the event that one or more parts of the directive are
not followed because of one or more of the reasons set forth
in subsection (2) or (4) of this section, all other parts of the
directive shall be followed.
(7) If no provider-patient relationship has previously
been established, nothing in this chapter requires the establishment of a provider-patient relationship. [2003 c 283 §
15.]
71.32.160
71.32.160 Electroconvulsive therapy. Where a principal consents in a directive to electroconvulsive therapy, the
health care provider, professional person, or health care facility, or persons acting under the direction of the health care
provider, professional person, or health care facility, shall
document the therapy and the reason it was used in the principal's medical record. [2003 c 283 § 16.]
71.32.170
71.32.170 Providers—Immunity from liability—
Conditions. (1) For the purposes of this section, "provider"
means a private or public agency, government entity, health
care provider, professional person, health care facility, or person acting under the direction of a health care provider or
professional person, health care facility, or long-term care
facility.
(2) A provider is not subject to civil liability or sanctions
for unprofessional conduct under the uniform disciplinary
act, chapter 18.130 RCW, when in good faith and without
negligence:
(a) The provider provides treatment to a principal in the
absence of actual knowledge of the existence of a directive,
or provides treatment pursuant to a directive in the absence of
actual knowledge of the revocation of the directive;
(b) A health care provider or mental health professional
determines that the principal is or is not incapacitated for the
purpose of deciding whether to proceed according to a directive, and acts upon that determination;
(c) The provider administers or does not administer mental health treatment according to the principal's directive in
good faith reliance upon the validity of the directive and the
directive is subsequently found to be invalid;
(d) The provider does not provide treatment according to
the directive for one of the reasons authorized under RCW
71.32.150; or
(e) The provider provides treatment according to the
principal's directive. [2003 c 283 § 17.]
71.32.180
71.32.180 Multiple directives, agents—Effect—Disclosure of court orders. (1) Where an incapacitated principal has executed more than one valid directive and has not
revoked any of the directives:
(2004 Ed.)
Mental Health Advance Directives
(a) The directive most recently created shall be treated as
the principal's mental health treatment preferences and
instructions as to any inconsistent or conflicting provisions,
unless provided otherwise in either document.
(b) Where a directive executed under this chapter is
inconsistent with a directive executed under any other chapter, the most recently created directive controls as to the
inconsistent provisions.
(2) Where an incapacitated principal has appointed more
than one agent under chapter ll.94 RCW with authority to
make mental health treatment decisions, RCW 11.94.010
controls.
(3) The treatment provider shall inquire of a principal
whether the principal is subject to any court orders that would
affect the implementation of his or her directive. [2003 c 283
§ 18.]
71.32.190 Preexisting, foreign directives—Validity.
(1) Directives validly executed before July 27, 2003, shall be
given full force and effect until revoked, superseded, or
expired.
(2) A directive validly executed in another political jurisdiction is valid to the extent permitted by Washington state
law. [2003 c 283 § 19.]
71.32.190
71.32.200 Fraud, duress, undue influence—Appointment of guardian. Any person with reasonable cause to
believe that a directive has been created or revoked under circumstances amounting to fraud, duress, or undue influence
may petition the court for appointment of a guardian for the
person or to review the actions of the agent or person alleged
to be involved in improper conduct under RCW 11.94.090 or
74.34.110. [2003 c 283 § 20.]
71.32.200
71.32.210 Execution of directive not evidence of mental disorder or lack of capacity. The fact that a person has
executed a directive does not constitute an indication of mental disorder or that the person is not capable of providing
informed consent. [2003 c 283 § 21.]
71.32.210
71.32.220 Requiring directive prohibited. A person
shall not be required to execute or to refrain from executing a
directive, nor shall the existence of a directive be used as a
criterion for insurance, as a condition for receiving mental or
physical health services, or as a condition of admission to or
discharge from a health care facility or long-term care facility. [2003 c 283 § 22.]
71.32.220
71.32.230 Coercion, threats prohibited. No person or
health care facility may use or threaten abuse, neglect, financial exploitation, or abandonment of the principal, as those
71.32.260
terms are defined in RCW 74.34.020, to carry out the directive. [2003 c 283 § 23.]
71.32.240
71.32.240 Other authority not limited. A directive
does not limit any authority otherwise provided in Title 10,
70, or 71 RCW, or any other applicable state or federal laws
to detain a person, take a person into custody, or to admit,
retain, or treat a person in a health care facility. [2003 c 283
§ 24.]
71.32.250
71.32.250 Long-term care facility residents—Readmission after inpatient mental health treatment—Evaluation, report to legislature. (1) If a principal who is a resident of a long-term care facility is admitted to inpatient mental health treatment pursuant to his or her directive, the
principal shall be allowed to be readmitted to the same longterm care facility as if his or her inpatient admission had been
for a physical condition on the same basis that the principal
would be readmitted under state or federal statute or rule
when:
(a) The treating facility's professional staff determine
that inpatient mental health treatment is no longer medically
necessary for the resident. The determination shall be made
in writing by a psychiatrist or by a mental health professional
and a physician; or
(b) The person's consent to admission in his or her directive has expired.
(2)(a) If the long-term care facility does not have a bed
available at the time of discharge, the treating facility may
discharge the resident, in consultation with the resident and
agent if any, and in accordance with a medically appropriate
discharge plan, to another long-term care facility.
(b) This section shall apply to inpatient mental health
treatment admission of long-term care facility residents,
regardless of whether the admission is directly from a facility, hospital emergency room, or other location.
(c) This section does not restrict the right of the resident
to an earlier release from the inpatient treatment facility.
This section does not restrict the right of a long-term care
facility to initiate transfer or discharge of a resident who is
readmitted pursuant to this section, provided that the facility
has complied with the laws governing the transfer or discharge of a resident.
(3) The joint legislative audit and review committee shall
conduct an evaluation of the operation and impact of this section. The committee shall report its findings to the appropriate committees of the legislature by December 1, 2004.
[2003 c 283 § 25.]
71.32.230
71.32.260
71.32.260 Form. The directive shall be in substantially
the following form:
Mental Health Advance Directive
NOTICE TO PERSONS
CREATING A MENTAL HEALTH ADVANCE DIRECTIVE
This is an important legal document. It creates an advance directive for mental health treatment. Before signing this document
you should know these important facts:
(1) This document is called an advance directive and allows you to make decisions in advance about your mental health treatment, including medications, short-term admission to inpatient treatment and electroconvulsive therapy.
(2004 Ed.)
[Title 71 RCW—page 67]
71.32.260
Title 71 RCW: Mental Illness
YOU DO NOT HAVE TO FILL OUT OR SIGN THIS FORM.
IF YOU DO NOT SIGN THIS FORM, IT WILL NOT TAKE EFFECT.
If you choose to complete and sign this document, you may still decide to leave some items blank.
(2) You have the right to appoint a person as your agent to make treatment decisions for you. You must notify your agent that
you have appointed him or her as an agent. The person you appoint has a duty to act consistently with your wishes made
known by you. If your agent does not know what your wishes are, he or she has a duty to act in your best interest. Your
agent has the right to withdraw from the appointment at any time.
(3) The instructions you include with this advance directive and the authority you give your agent to act will only become
effective under the conditions you select in this document. You may choose to limit this directive and your agent's authority to times when you are incapacitated or to times when you are exhibiting symptoms or behavior that you specify. You
may also make this directive effective immediately. No matter when you choose to make this directive effective, your
treatment providers must still seek your informed consent at all times that you have capacity to give informed consent.
(4) You have the right to revoke this document in writing at any time you have capacity.
YOU MAY NOT REVOKE THIS DIRECTIVE WHEN YOU HAVE BEEN FOUND TO BE
INCAPACITATED UNLESS YOU HAVE SPECIFICALLY STATED IN THIS DIRECTIVE THAT
YOU WANT IT TO BE REVOCABLE WHEN YOU ARE INCAPACITATED.
(5) This directive will stay in effect until you revoke it unless you specify an expiration date. If you specify an expiration date
and you are incapacitated at the time it expires, it will remain in effect until you have capacity to make treatment decisions
again unless you chose to be able to revoke it while you are incapacitated and you revoke the directive.
(6) You cannot use your advance directive to consent to civil commitment. The procedures that apply to your advance directive are different than those provided for in the Involuntary Treatment Act. Involuntary treatment is a different process.
(7) If there is anything in this directive that you do not understand, you should ask a lawyer to explain it to you.
(8) You should be aware that there are some circumstances where your provider may not have to follow your directive.
(9) You should discuss any treatment decisions in your directive with your provider.
(10) You may ask the court to rule on the validity of your directive.
PART I.
STATEMENT OF INTENT TO CREATE A
MENTAL HEALTH ADVANCE DIRECTIVE
I, . . . . . . . . . . being a person with capacity, willfully and voluntarily execute this mental health advance directive so that
my choices regarding my mental health care will be carried out in circumstances when I am unable to express my instructions
and preferences regarding my mental health care. If a guardian is appointed by a court to make mental health decisions for me,
I intend this document to take precedence over all other means of ascertaining my intent.
The fact that I may have left blanks in this directive does not affect its validity in any way. I intend that all completed sections be followed. If I have not expressed a choice, my agent should make the decision that he or she determines is in my best
interest. I intend this directive to take precedence over any other directives I have previously executed, to the extent that they
are inconsistent with this document, or unless I expressly state otherwise in either document.
I understand that I may revoke this directive in whole or in part if I am a person with capacity. I understand that I cannot
revoke this directive if a court, two health care providers, or one mental health professional and one health care provider find
that I am an incapacitated person, unless, when I executed this directive, I chose to be able to revoke this directive while incapacitated.
I understand that, except as otherwise provided in law, revocation must be in writing. I understand that nothing in this
directive, or in my refusal of treatment to which I consent in this directive, authorizes any health care provider, professional
person, health care facility, or agent appointed in this directive to use or threaten to use abuse, neglect, financial exploitation,
or abandonment to carry out my directive.
I understand that there are some circumstances where my provider may not have to follow my directive.
PART II.
WHEN THIS DIRECTIVE IS EFFECTIVE
YOU MUST COMPLETE THIS PART FOR YOUR DIRECTIVE TO BE VALID.
I intend that this directive become effective (YOU MUST CHOOSE ONLY ONE):
. . . . . . Immediately upon my signing of this directive.
. . . . . . If I become incapacitated.
. . . . . . When the following circumstances, symptoms, or behaviors occur: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
..........................................................................................
[Title 71 RCW—page 68]
(2004 Ed.)
Mental Health Advance Directives
71.32.260
PART III.
DURATION OF THIS DIRECTIVE
YOU MUST COMPLETE THIS PART FOR YOUR DIRECTIVE TO BE VALID.
I want this directive to (YOU MUST CHOOSE ONLY ONE):
. . . . . . Remain valid and in effect for an indefinite period of time.
. . . . . . Automatically expire . . . . . . years from the date it was created.
PART IV.
WHEN I MAY REVOKE THIS DIRECTIVE
YOU MUST COMPLETE THIS PART FOR THIS DIRECTIVE TO BE VALID.
I intend that I be able to revoke this directive (YOU MUST CHOOSE ONLY ONE):
. . . . . . Only when I have capacity.
I understand that choosing this option means I may only revoke this directive if I have capacity. I further understand that
if I choose this option and become incapacitated while this directive is in effect, I may receive treatment that I specify
in this directive, even if I object at the time.
. . . . . . Even if I am incapacitated.
I understand that choosing this option means that I may revoke this directive even if I am incapacitated. I further understand that if I choose this option and revoke this directive while I am incapacitated I may not receive treatment that I
specify in this directive, even if I want the treatment.
PART V.
PREFERENCES AND INSTRUCTIONS ABOUT TREATMENT, FACILITIES, AND PHYSICIANS
A. Preferences and Instructions About Physician(s) to be Involved in My Treatment
I would like the physician(s) named below to be involved in my treatment decisions:
Dr. . . . . . . . . . . . . . . . . Contact information:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dr. . . . . . . . . . . . . . . . . Contact information:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I do not wish to be treated by Dr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Preferences and Instructions About Other Providers
I am receiving other treatment or care from providers who I feel have an impact on my mental health care. I would like the
following treatment provider(s) to be contacted when this directive is effective:
Name . . . . . . . . . . . . . . . . . . . . Profession . . . . . . . . . . . . . . . . . . . . Contact information. . . . . . . . . . . . . . . . . . . .
Name . . . . . . . . . . . . . . . . . . . . Profession . . . . . . . . . . . . . . . . . . . . Contact information. . . . . . . . . . . . . . . . . . . .
C. Preferences and Instructions About Medications for Psychiatric Treatment (initial and complete all that apply)
. . . . . . I consent, and authorize my agent (if appointed) to consent, to the following
medications: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . I do not consent, and I do not authorize my agent (if appointed) to consent, to the administration of the following medications:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . I am willing to take the medications excluded above if my only reason for excluding them is the side effects which
include. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and these side effects can be eliminated by dosage adjustment or other means
. . . . . . I am willing to try any other medication the hospital doctor recommends
. . . . . . I am willing to try any other medications my outpatient doctor recommends
. . . . . . I do not want to try any other medications.
Medication Allergies
I have allergies to, or severe side effects from, the following: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
Other Medication Preferences or Instructions
. . . . . . I have the following other preferences or instructions about medications . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
D. Preferences and Instructions About Hospitalization and Alternatives
(initial all that apply and, if desired, rank "1" for first choice, "2" for second choice, and so on)
. . . . . . In the event my psychiatric condition is serious enough to require 24-hour care and I have no physical conditions that
require immediate access to emergency medical care, I prefer to receive this care in programs/facilities designed as alternatives
to psychiatric hospitalizations.
. . . . . . I would also like the interventions below to be tried before hospitalization is considered:
(2004 Ed.)
[Title 71 RCW—page 69]
71.32.260
Title 71 RCW: Mental Illness
. . . . . . Calling someone or having someone call me when needed.
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Staying overnight with someone
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Having a mental health service provider come to see me
. . . . . . Going to a crisis triage center or emergency room
. . . . . . Staying overnight at a crisis respite (temporary) bed
. . . . . . Seeing a service provider for help with psychiatric medications
. . . . . . Other, specify: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Authority to Consent to Inpatient Treatment
I consent, and authorize my agent (if appointed) to consent, to voluntary admission to inpatient mental health treatment for . .
. . . . days (not to exceed 14 days)
(Sign one):
. . . . . . If deemed appropriate by my agent (if appointed) and treating physician
..................................
(Signature)
or
. . . . . . Under the following circumstances (specify symptoms, behaviors, or circumstances that indicate the need for hospitalization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..................................
(Signature)
. . . . . . I do not consent, or authorize my agent (if appointed) to consent, to inpatient treatment
..................................
(Signature)
Hospital Preferences and Instructions
If hospitalization is required, I prefer the following hospitals: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I do not consent to be admitted to the following hospitals: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E. Preferences and Instructions About Preemergency
I would like the interventions below to be tried before use of seclusion or restraint is considered
(initial all that apply):
. . . . . . "Talk me down" one-on-one
. . . . . . More medication
. . . . . . Time out/privacy
. . . . . . Show of authority/force
. . . . . . Shift my attention to something else
. . . . . . Set firm limits on my behavior
. . . . . . Help me to discuss/vent feelings
. . . . . . Decrease stimulation
. . . . . . Offer to have neutral person settle dispute
. . . . . . Other, specify . . . . . . . . . . . . . . . . . . .
F. Preferences and Instructions About Seclusion, Restraint, and Emergency Medications
If it is determined that I am engaging in behavior that requires seclusion, physical restraint, and/or emergency use of medication, I prefer these interventions in the order I have chosen (choose "1" for first choice, "2" for second choice, and so on):
. . . . . . Seclusion
. . . . . . Seclusion and physical restraint (combined)
. . . . . . Medication by injection
. . . . . . Medication in pill or liquid form
[Title 71 RCW—page 70]
(2004 Ed.)
Mental Health Advance Directives
71.32.260
In the event that my attending physician decides to use medication in response to an emergency situation after due consideration of my preferences and instructions for emergency treatments stated above, I expect the choice of medication to reflect
any preferences and instructions I have expressed in Part III C of this form. The preferences and instructions I express in this
section regarding medication in emergency situations do not constitute consent to use of the medication for nonemergency
treatment.
G. Preferences and Instructions About Electroconvulsive Therapy
(ECT or Shock Therapy)
My wishes regarding electroconvulsive therapy are (sign one):
. . . . . . I do not consent, nor authorize my agent (if appointed) to consent, to the administration of electroconvulsive therapy
..................................
(Signature)
. . . . . . I consent, and authorize my agent (if appointed) to consent, to the administration of electroconvulsive therapy
..................................
(Signature)
. . . . . . I consent, and authorize my agent (if appointed) to consent, to the administration of electroconvulsive therapy, but only
under the following conditions: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
..................................
(Signature)
H. Preferences and Instructions About Who is Permitted to Visit
If I have been admitted to a mental health treatment facility, the following people are not permitted to visit me there:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I understand that persons not listed above may be permitted to visit me.
I. Additional Instructions About My Mental Health Care
Other instructions about my mental health care: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
In case of emergency, please contact:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Work telephone: . . . . . . . . . . . . . . . . . . . . . . .
Home telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Physician: . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following may help me to avoid a hospitalization: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
I generally react to being hospitalized as follows: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
Staff of the hospital or crisis unit can help me by doing the following: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
..........................................................................................
J. Refusal of Treatment
I do not consent to any mental health treatment.
..................................
(Signature)
(2004 Ed.)
[Title 71 RCW—page 71]
71.32.260
Title 71 RCW: Mental Illness
PART VI.
DURABLE POWER OF ATTORNEY (APPOINTMENT OF MY AGENT)
(Fill out this part only if you wish to appoint an agent or nominate a guardian.)
I authorize an agent to make mental health treatment decisions on my behalf. The authority granted to my agent includes
the right to consent, refuse consent, or withdraw consent to any mental health care, treatment, service, or procedure, consistent
with any instructions and/or limitations I have set forth in this directive. I intend that those decisions should be made in accordance with my expressed wishes as set forth in this document. If I have not expressed a choice in this document and my agent
does not otherwise know my wishes, I authorize my agent to make the decision that my agent determines is in my best interest. This agency shall not be affected by my incapacity. Unless I state otherwise in this durable power of attorney, I may
revoke it unless prohibited by other state law.
A. Designation of an Agent
I appoint the following person as my agent to make mental health treatment decisions for me as authorized in this document and request that this person be notified immediately when this directive becomes effective:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Work telephone: . . . . . . . . . . . . . . . . . . . . . . .
Home telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relationship: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Designation of Alternate Agent
If the person named above is unavailable, unable, or refuses to serve as my agent, or I revoke that person's authority to serve
as my agent, I hereby appoint the following person as my alternate agent and request that this person be notified immediately
when this directive becomes effective or when my original agent is no longer my agent:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Work telephone: . . . . . . . . . . . . . . . . . . . . . . .
Home telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relationship: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. When My Spouse is My Agent (initial if desired)
. . . . . . If my spouse is my agent, that person shall remain my agent even if we become legally separated or our marriage is
dissolved, unless there is a court order to the contrary or I have remarried.
D. Limitations on My Agent's Authority
I do not grant my agent the authority to consent on my behalf to the following:
..........................................................................................
..........................................................................................
E. Limitations on My Ability to Revoke this Durable Power of Attorney
I choose to limit my ability to revoke this durable power of attorney as follows:
..........................................................................................
..........................................................................................
F. Preference as to Court-Appointed Guardian
In the event a court appoints a guardian who will make decisions regarding my mental health treatment, I nominate the following person as my guardian:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Work telephone: . . . . . . . . . . . . . . . . . . . . . . .
Home telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relationship: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The appointment of a guardian of my estate or my person or any other decision maker shall not give the guardian or decision
maker the power to revoke, suspend, or terminate this directive or the powers of my agent, except as authorized by law.
..................................
(Signature required if nomination is made)
PART VII.
OTHER DOCUMENTS
(Initial all that apply)
I have executed the following documents that include the power to make decisions regarding health care services for myself:
. . . . . . Health care power of attorney (chapter 11.94 RCW)
. . . . . . "Living will" (Health care directive; chapter 70.122 RCW)
. . . . . . I have appointed more than one agent. I understand that the most recently appointed agent controls except as stated
below:
..........................................................................................
[Title 71 RCW—page 72]
(2004 Ed.)
Mental Health Advance Directives
71.32.260
PART VIII.
NOTIFICATION OF OTHERS AND CARE OF PERSONAL AFFAIRS
(Fill out this part only if you wish to provide nontreatment instructions.)
I understand the preferences and instructions in this part are NOT the responsibility of my treatment provider and that no treatment provider is required to act on them.
A. Who Should Be Notified
I desire my agent to notify the following individuals as soon as possible when this directive becomes effective:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Day telephone: . . . . . . . . . . . . . . . . . . . . . . . .
Evening telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Day telephone: . . . . . . . . . . . . . . . . . . . . . . . .
Evening telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Preferences or Instructions About Personal Affairs
I have the following preferences or instructions about my personal affairs (e.g., care of dependents, pets, household) if I am
admitted to a mental health treatment facility:
..........................................................................................
..........................................................................................
C. Additional Preferences and Instructions:
..........................................................................................
..........................................................................................
..........................................................................................
..........................................................................................
PART IX.
SIGNATURE
By signing here, I indicate that I understand the purpose and effect of this document and that I am giving my informed
consent to the treatments and/or admission to which I have consented or authorized my agent to consent in this directive. I
intend that my consent in this directive be construed as being consistent with the elements of informed consent under chapter
7.70 RCW.
Signature: . . . . . . . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Printed Name: . . . . . . . . . . . . . . . . . . . . .
This directive was signed and declared by the "Principal," to be his or her directive, in our presence who, at his or her request,
have signed our names below as witnesses. We declare that, at the time of the creation of this instrument, the Principal is personally known to us, and, according to our best knowledge and belief, has capacity at this time and does not appear to be acting
under duress, undue influence, or fraud. We further declare that none of us is:
(A) A person designated to make medical decisions on the principal's behalf;
(B) A health care provider or professional person directly involved with the provision of care to the principal at the time
the directive is executed;
(C) An owner, operator, employee, or relative of an owner or operator of a health care facility or long-term care facility in
which the principal is a patient or resident;
(D) A person who is related by blood, marriage, or adoption to the person, or with whom the principal has a dating relationship as defined in RCW 26.50.010;
(E) An incapacitated person;
(F) A person who would benefit financially if the principal undergoes mental health treatment; or
(G) A minor.
Witness 1: Signature: . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Printed Name: . . . . . . . . . . . . . . . . . . . . .
Telephone: . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Witness 2: Signature: . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Printed Name: . . . . . . . . . . . . . . . . . . . . .
Telephone: . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2004 Ed.)
[Title 71 RCW—page 73]
71.32.900
Title 71 RCW: Mental Illness
PART X.
RECORD OF DIRECTIVE
I have given a copy of this directive to the following persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
DO NOT FILL OUT PART XI UNLESS YOU INTEND TO REVOKE
THIS DIRECTIVE IN PART OR IN WHOLE
PART XI.
REVOCATION OF THIS DIRECTIVE
(Initial any that apply):
. . . . . . I am revoking the following part(s) of this directive (specify): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
. . . . . . I am revoking all of this directive.
By signing here, I indicate that I understand the purpose and effect of my revocation and that no person is bound by any
revoked provision(s). I intend this revocation to be interpreted as if I had never completed the revoked provision(s).
Signature: . . . . . . . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Printed Name: . . . . . . . . . . . . . . . . . . . . .
DO NOT SIGN THIS PART UNLESS YOU INTEND TO REVOKE THIS
DIRECTIVE IN PART OR IN WHOLE
[2003 c 283 § 26.]
71.34.054
71.32.900
71.32.900 Severability—2003 c 283. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2003 c 283 § 35.]
71.32.901
71.32.901 Part headings not law—2003 c 283. Part
headings used in this act are not any part of the law. [2003 c
283 § 38.]
71.34.056
71.34.060
71.34.070
71.34.080
71.34.090
71.34.100
Chapter 71.34 RCW
MENTAL HEALTH SERVICES FOR MINORS
Chapter 71.34
71.34.110
Sections
71.34.010
71.34.015
71.34.020
71.34.025
71.34.027
71.34.030
71.34.032
71.34.035
71.34.040
71.34.042
71.34.044
71.34.046
71.34.050
71.34.052
Purpose—Parental participation in treatment decisions—
Parental control of minor children during treatment.
Availability of treatment does not create right to obtain public
funds.
Definitions.
Review of admission and inpatient treatment of minors—
Determination of medical necessity—Department review—
Minor declines necessary treatment—At-risk youth petition—Costs—Public funds.
Eligibility for medical assistance under chapter 74.09 RCW—
Payment by department.
Age of consent—Outpatient treatment of minors.
Notice to parents, school contacts for referring students to
inpatient treatment.
Evaluation of treatment of minors.
Evaluation of minor thirteen or older brought for immediate
mental health services—Temporary detention.
Minor thirteen or older may be admitted for inpatient mental
treatment without parental consent—Professional person in
charge must concur—Written renewal of consent required.
Notice to parents when minor admitted to inpatient treatment
without parental consent.
Minor voluntarily admitted may give notice to leave at any
time.
Minor thirteen or older who presents likelihood of serious
harm or is gravely disabled—Transport to inpatient facility—Petition for initial detention—Notice of commitment
hearing—Facility to evaluate and admit or release minor.
Parent may request determination whether minor has mental
disorder requiring inpatient treatment—Minor consent not
[Title 71 RCW—page 74]
71.34.120
71.34.130
71.34.140
71.34.150
71.34.160
71.34.162
71.34.164
71.34.170
71.34.180
71.34.190
71.34.200
71.34.210
71.34.220
71.34.225
71.34.230
71.34.240
71.34.250
71.34.260
71.34.270
71.34.280
71.34.290
71.34.800
required—Duties and obligations of professional person and
facility.
Parent may request determination whether minor has mental
disorder requiring outpatient treatment—Consent of minor
not required—Discharge of minor.
Parent-initiated treatment—Notice to parents of available
treatment options.
Examination and evaluation of minor approved for inpatient
admission—Referral to chemical dependency treatment program—Right to communication, exception—Evaluation and
treatment period.
Petition for fourteen-day commitment—Requirements.
Commitment hearing—Requirements—Findings by court—
Commitment—Release.
Petition for one hundred eighty-day commitment—Hearing—
Requirements—Findings by court—Commitment order—
Release—Successive commitments.
Placement of minor in state evaluation and treatment facility—
Placement committee—Facility to report to committee.
Minor's failure to adhere to outpatient conditions—Deterioration of minor's functioning—Transport to inpatient facility—Order of apprehension and detention—Revocation of
alternative treatment or conditional release—Hearings.
Release of minor—Conditional release—Discharge.
Liability for costs of minor's treatment and care—Rules.
Responsibility of counties for evaluation and treatment services for minors.
Transportation for minors committed to state facility for one
hundred eighty-day treatment.
Rights of minors undergoing treatment—Posting.
Minor may petition court for release from facility.
Minor not released by petition under RCW 71.34.162—
Release within thirty days—Professional may initiate proceedings to stop release.
Release of minor—Requirements.
Transferring or moving persons from juvenile correctional
institutions or facilities to evaluation and treatment facilities.
No detention of minors after eighteenth birthday—Exceptions.
Information concerning treatment of minors confidential—
Disclosure—Admissible as evidence with written consent.
Court records and files confidential—Availability.
Disclosure of information or records—Required entries in
minor's clinical record.
Mental health services information—Release to department of
corrections—Rules.
Attorneys appointed for minors—Compensation.
Court proceedings under chapter subject to rules of state
supreme court.
Jurisdiction over proceedings under chapter—Venue.
Transfer of superior court proceedings to juvenile department.
Liability for performance of duties under this chapter limited.
Mental health commissioners—Authority.
Antipsychotic medication and shock treatment.
Department to adopt rules to effectuate chapter.
(2004 Ed.)
Mental Health Services for Minors
71.34.805
71.34.810
71.34.900
71.34.901
Uniform application of chapter—Training for county-designated mental health professionals.
Redirection of Title XIX funds to fund placements within the
state.
Severability—1985 c 354.
Effective date—1985 c 354.
71.34.010
71.34.010 Purpose—Parental participation in treatment decisions—Parental control of minor children during treatment. It is the purpose of this chapter to assure that
minors in need of mental health care and treatment receive an
appropriate continuum of culturally relevant care and treatment, including prevention and early intervention, selfdirected care, parent-directed care, and involuntary treatment. To facilitate the continuum of care and treatment to
minors in out-of-home placements, all divisions of the
department that provide mental health services to minors
shall jointly plan and deliver those services.
It is also the purpose of this chapter to protect the rights
of minors against needless hospitalization and deprivations of
liberty and to enable treatment decisions to be made in
response to clinical needs in accordance with sound professional judgment. The mental health care and treatment providers shall encourage the use of voluntary services and,
whenever clinically appropriate, the providers shall offer less
restrictive alternatives to inpatient treatment. Additionally,
all mental health care and treatment providers shall assure
that minors' parents are given an opportunity to participate in
the treatment decisions for their minor children. The mental
health care and treatment providers shall, to the extent possible, offer services that involve minors' parents or family.
It is also the purpose of this chapter to assure the ability
of parents to exercise reasonable, compassionate care and
control of their minor children when there is a medical necessity for treatment and without the requirement of filing a petition under this chapter. [1998 c 296 § 7; 1992 c 205 § 302;
1985 c 354 § 1.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
71.34.015
71.34.015 Availability of treatment does not create
right to obtain public funds. The ability of a parent to bring
his or her minor child to a certified evaluation and treatment
program for evaluation and treatment does not create a right
to obtain or benefit from any funds or resources of the state.
The state may provide services for indigent minors to the
extent that funds are available. [1998 c 296 § 21.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.020
71.34.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Child psychiatrist" means a person having a license
as a physician and surgeon in this state, who has had graduate
training in child psychiatry in a program approved by the
American Medical Association or the American Osteopathic
Association, and who is board eligible or board certified in
child psychiatry.
(2) "Children's mental health specialist" means:
(2004 Ed.)
71.34.020
(a) A mental health professional who has completed a
minimum of one hundred actual hours, not quarter or semester hours, of specialized training devoted to the study of child
development and the treatment of children; and
(b) A mental health professional who has the equivalent
of one year of full-time experience in the treatment of children under the supervision of a children's mental health specialist.
(3) "Commitment" means a determination by a judge or
court commissioner, made after a commitment hearing, that
the minor is in need of inpatient diagnosis, evaluation, or
treatment or that the minor is in need of less restrictive alternative treatment.
(4) "County-designated mental health professional"
means a mental health professional designated by one or
more counties to perform the functions of a county-designated mental health professional described in this chapter.
(5) "Department" means the department of social and
health services.
(6) "Evaluation and treatment facility" means a public or
private facility or unit that is certified by the department to
provide emergency, inpatient, residential, or outpatient mental health evaluation and treatment services for minors. A
physically separate and separately-operated portion of a state
hospital may be designated as an evaluation and treatment
facility for minors. A facility which is part of or operated by
the department or federal agency does not require certification. No correctional institution or facility, juvenile court
detention facility, or jail may be an evaluation and treatment
facility within the meaning of this chapter.
(7) "Evaluation and treatment program" means the total
system of services and facilities coordinated and approved by
a county or combination of counties for the evaluation and
treatment of minors under this chapter.
(8) "Gravely disabled minor" means a minor who, as a
result of a mental disorder, is in danger of serious physical
harm resulting from a failure to provide for his or her essential human needs of health or safety, or manifests severe deterioration in routine functioning evidenced by repeated and
escalating loss of cognitive or volitional control over his or
her actions and is not receiving such care as is essential for
his or her health or safety.
(9) "Inpatient treatment" means twenty-four-hour-perday mental health care provided within a general hospital,
psychiatric hospital, or residential treatment facility certified
by the department as an evaluation and treatment facility for
minors.
(10) "Less restrictive alternative" or "less restrictive setting" means outpatient treatment provided to a minor who is
not residing in a facility providing inpatient treatment as
defined in this chapter.
(11) "Likelihood of serious harm" means either: (a) A
substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or
attempts to commit suicide or inflict physical harm on oneself; (b) a substantial risk that physical harm will be inflicted
by an individual upon another, as evidenced by behavior
which has caused such harm or which places another person
or persons in reasonable fear of sustaining such harm; or (c) a
substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior
[Title 71 RCW—page 75]
71.34.025
Title 71 RCW: Mental Illness
which has caused substantial loss or damage to the property
of others.
(12) "Medical necessity" for inpatient care means a
requested service which is reasonably calculated to: (a)
Diagnose, correct, cure, or alleviate a mental disorder; or (b)
prevent the worsening of mental conditions that endanger life
or cause suffering and pain, or result in illness or infirmity or
threaten to cause or aggravate a handicap, or cause physical
deformity or malfunction, and there is no adequate less
restrictive alternative available.
(13) "Mental disorder" means any organic, mental, or
emotional impairment that has substantial adverse effects on
an individual's cognitive or volitional functions. The presence of alcohol abuse, drug abuse, juvenile criminal history,
antisocial behavior, or mental retardation alone is insufficient
to justify a finding of "mental disorder" within the meaning
of this section.
(14) "Mental health professional" means a psychiatrist,
psychologist, psychiatric nurse, or social worker, and such
other mental health professionals as may be defined by rules
adopted by the secretary under this chapter.
(15) "Minor" means any person under the age of eighteen years.
(16) "Outpatient treatment" means any of the nonresidential services mandated under chapter 71.24 RCW and provided by licensed services providers as identified by *RCW
71.24.025(3).
(17) "Parent" means:
(a) A biological or adoptive parent who has legal custody
of the child, including either parent if custody is shared under
a joint custody agreement; or
(b) A person or agency judicially appointed as legal
guardian or custodian of the child.
(18) "Professional person in charge" or "professional
person" means a physician or other mental health professional empowered by an evaluation and treatment facility
with authority to make admission and discharge decisions on
behalf of that facility.
(19) "Psychiatric nurse" means a registered nurse who
has a bachelor's degree from an accredited college or university, and who has had, in addition, at least two years' experience in the direct treatment of mentally ill or emotionally disturbed persons, such experience gained under the supervision
of a mental health professional. "Psychiatric nurse" shall also
mean any other registered nurse who has three years of such
experience.
(20) "Psychiatrist" means a person having a license as a
physician in this state who has completed residency training
in psychiatry in a program approved by the American Medical Association or the American Osteopathic Association,
and is board eligible or board certified in psychiatry.
(21) "Psychologist" means a person licensed as a psychologist under chapter 18.83 RCW.
(22) "Responsible other" means the minor, the minor's
parent or estate, or any other person legally responsible for
support of the minor.
(23) "Secretary" means the secretary of the department
or secretary's designee.
(24) "Start of initial detention" means the time of arrival
of the minor at the first evaluation and treatment facility
offering inpatient treatment if the minor is being involun[Title 71 RCW—page 76]
tarily detained at the time. With regard to voluntary patients,
"start of initial detention" means the time at which the minor
gives notice of intent to leave under the provisions of this
chapter. [1998 c 296 § 8; 1985 c 354 § 2.]
*Reviser's note: Due to an alphabetization directive by 1999 c 10 § 14,
subsection (3) is now subsection (10).
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.025
71.34.025 Review of admission and inpatient treatment of minors—Determination of medical necessity—
Department review—Minor declines necessary treatment—At-risk youth petition—Costs—Public funds. (1)
The department shall assure that, for any minor admitted to
inpatient treatment under RCW 71.34.052, a review is conducted by a physician or other mental health professional
who is employed by the department, or an agency under contract with the department, and who neither has a financial
interest in continued inpatient treatment of the minor nor is
affiliated with the facility providing the treatment. The physician or other mental health professional shall conduct the
review not less than seven nor more than fourteen days following the date the minor was brought to the facility under
RCW 71.34.052 to determine whether it is a medical necessity to continue the minor's treatment on an inpatient basis.
(2) In making a determination under subsection (1) of
this section, the department shall consider the opinion of the
treatment provider, the safety of the minor, and the likelihood
the minor's mental health will deteriorate if released from
inpatient treatment. The department shall consult with the
parent in advance of making its determination.
(3) If, after any review conducted by the department
under this section, the department determines it is no longer a
medical necessity for a minor to receive inpatient treatment,
the department shall immediately notify the parents and the
facility. The facility shall release the minor to the parents
within twenty-four hours of receiving notice. If the professional person in charge and the parent believe that it is a medical necessity for the minor to remain in inpatient treatment,
the minor shall be released to the parent on the second judicial day following the department's determination in order to
allow the parent time to file an at-risk youth petition under
chapter 13.32A RCW. If the department determines it is a
medical necessity for the minor to receive outpatient treatment and the minor declines to obtain such treatment, such
refusal shall be grounds for the parent to file an at-risk youth
petition.
(4) If the evaluation conducted under RCW 71.34.052 is
done by the department, the reviews required by subsection
(1) of this section shall be done by contract with an independent agency.
(5) The department may, subject to available funds, contract with other governmental agencies to conduct the
reviews under this section. The department may seek reimbursement from the parents, their insurance, or medicaid for
the expense of any review conducted by an agency under
contract.
(6) In addition to the review required under this section,
the department may periodically determine and redetermine
the medical necessity of treatment for purposes of payment
with public funds. [1998 c 296 § 9; 1995 c 312 § 56.]
(2004 Ed.)
Mental Health Services for Minors
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Short title—1995 c 312: See note following RCW 13.32A.010.
71.34.027
71.34.027 Eligibility for medical assistance under
chapter 74.09 RCW—Payment by department. For purposes of eligibility for medical assistance under chapter 74.09
RCW, minors in inpatient mental health treatment shall be
considered to be part of their parent's or legal guardian's
household, unless the minor has been assessed by the department or its designee as likely to require such treatment for at
least ninety consecutive days, or is in out-of-home care in
accordance with chapter 13.34 RCW, or the parents are found
to not be exercising responsibility for care and control of the
minor. Payment for such care by the department shall be
made only in accordance with rules, guidelines, and clinical
criteria applicable to inpatient treatment of minors established by the department. [1998 c 296 § 11.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.030
71.34.030 Age of consent—Outpatient treatment of
minors. Any minor thirteen years or older may request and
receive outpatient treatment without the consent of the
minor's parent. Parental authorization is required for outpatient treatment of a minor under the age of thirteen. [1998 c
296 § 12; 1995 c 312 § 52; 1985 c 354 § 3.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Short title—1995 c 312: See note following RCW 13.32A.010.
71.34.032
71.34.032 Notice to parents, school contacts for referring students to inpatient treatment. School district personnel who contact a mental health inpatient treatment program or provider for the purpose of referring a student to
inpatient treatment shall provide the parents with notice of
the contact within forty-eight hours. [1996 c 133 § 6.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
71.34.035
71.34.035 Evaluation of treatment of minors. The
department shall randomly select and review the information
on children who are admitted to inpatient treatment on application of the child's parent regardless of the source of payment, if any. The review shall determine whether the children
reviewed were appropriately admitted into treatment based
on an objective evaluation of the child's condition and the
outcome of the child's treatment. [1996 c 133 § 36; 1995 c
312 § 58.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
71.34.046
ate inpatient treatment. If it is determined that the minor suffers from a mental disorder, inpatient treatment is required,
the minor is unwilling to consent to voluntary admission, and
the professional person believes that the minor meets the criteria for initial detention set forth herein, the facility may
detain or arrange for the detention of the minor for up to
twelve hours in order to enable a county-designated mental
health professional to evaluate the minor and commence initial detention proceedings under the provisions of this chapter. [1985 c 354 § 4.]
71.34.042
71.34.042 Minor thirteen or older may be admitted
for inpatient mental treatment without parental consent—Professional person in charge must concur—Written renewal of consent required. (1) A minor thirteen years
or older may admit himself or herself to an evaluation and
treatment facility for inpatient mental treatment, without
parental consent. The admission shall occur only if the professional person in charge of the facility concurs with the
need for inpatient treatment.
(2) When, in the judgment of the professional person in
charge of an evaluation and treatment facility, there is reason
to believe that a minor is in need of inpatient treatment
because of a mental disorder, and the facility provides the
type of evaluation and treatment needed by the minor, and it
is not feasible to treat the minor in any less restrictive setting
or the minor's home, the minor may be admitted to an evaluation and treatment facility.
(3) Written renewal of voluntary consent must be
obtained from the applicant no less than once every twelve
months. The minor's need for continued inpatient treatments
shall be reviewed and documented no less than every one
hundred eighty days. [1998 c 296 § 14.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.044
71.34.044 Notice to parents when minor admitted to
inpatient treatment without parental consent. The administrator of the treatment facility shall provide notice to the
parents of a minor when the minor is voluntarily admitted to
inpatient treatment under RCW 71.34.042. The notice shall
be in the form most likely to reach the parent within twentyfour hours of the minor's voluntary admission and shall
advise the parent: (1) That the minor has been admitted to
inpatient treatment; (2) of the location and telephone number
of the facility providing such treatment; (3) of the name of a
professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for inpatient treatment with the parent; and (4) of the medical necessity for admission. [1998 c 296 § 15.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.040
71.34.040 Evaluation of minor thirteen or older
brought for immediate mental health services—Temporary detention. If a minor, thirteen years or older, is brought
to an evaluation and treatment facility or hospital emergency
room for immediate mental health services, the professional
person in charge of the facility shall evaluate the minor's
mental condition, determine whether the minor suffers from a
mental disorder, and whether the minor is in need of immedi(2004 Ed.)
71.34.046
71.34.046 Minor voluntarily admitted may give
notice to leave at any time. (1) Any minor thirteen years or
older voluntarily admitted to an evaluation and treatment
facility under RCW 71.34.042 may give notice of intent to
leave at any time. The notice need not follow any specific
form so long as it is written and the intent of the minor can be
discerned.
[Title 71 RCW—page 77]
71.34.050
Title 71 RCW: Mental Illness
(2) The staff member receiving the notice shall date it
immediately, record its existence in the minor's clinical
record, and send copies of it to the minor's attorney, if any,
the county-designated mental health professional, and the
parent.
(3) The professional person shall discharge the minor,
thirteen years or older, from the facility by the second judicial
day following receipt of the minor's notice of intent to leave.
[2003 c 106 § 1; 1998 c 296 § 16.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
provisional basis the petition and the person. Within twentyfour hours of the minor's arrival, the facility must evaluate the
minor's condition and either admit or release the minor in
accordance with this chapter.
(5) If a minor is not approved for admission by the inpatient evaluation and treatment facility, the facility shall make
such recommendations and referrals for further care and
treatment of the minor as necessary. [1995 c 312 § 53; 1985
c 354 § 5.]
Short title—1995 c 312: See note following RCW 13.32A.010.
71.34.052
71.34.050
71.34.050 Minor thirteen or older who presents likelihood of serious harm or is gravely disabled—Transport
to inpatient facility—Petition for initial detention—
Notice of commitment hearing—Facility to evaluate and
admit or release minor. (1) When a county-designated
mental health professional receives information that a minor,
thirteen years or older, as a result of a mental disorder presents a likelihood of serious harm or is gravely disabled, has
investigated the specific facts alleged and of the credibility of
the person or persons providing the information, and has
determined that voluntary admission for inpatient treatment
is not possible, the county-designated mental health professional may take the minor, or cause the minor to be taken,
into custody and transported to an evaluation and treatment
facility providing inpatient treatment.
If the minor is not taken into custody for evaluation and
treatment, the parent who has custody of the minor may seek
review of that decision made by the county designated mental
health professional in court. The parent shall file notice with
the court and provide a copy of the county designated mental
health professional's report or notes.
(2) Within twelve hours of the minor's arrival at the evaluation and treatment facility, the county-designated mental
health professional shall serve on the minor a copy of the
petition for initial detention, notice of initial detention, and
statement of rights. The county-designated mental health professional shall file with the court on the next judicial day following the initial detention the original petition for initial
detention, notice of initial detention, and statement of rights
along with an affidavit of service. The county-designated
mental health professional shall commence service of the
petition for initial detention and notice of the initial detention
on the minor's parent and the minor's attorney as soon as possible following the initial detention.
(3) At the time of initial detention, the county-designated
mental health professional shall advise the minor both orally
and in writing that if admitted to the evaluation and treatment
facility for inpatient treatment, a commitment hearing shall
be held within seventy-two hours of the minor's provisional
acceptance to determine whether probable cause exists to
commit the minor for further mental health treatment.
The minor shall be advised that he or she has a right to
communicate immediately with an attorney and that he or she
has a right to have an attorney appointed to represent him or
her before and at the hearing if the minor is indigent.
(4) Whenever the county designated mental health professional petitions for detention of a minor under this chapter,
an evaluation and treatment facility providing seventy-two
hour evaluation and treatment must immediately accept on a
[Title 71 RCW—page 78]
71.34.052 Parent may request determination
whether minor has mental disorder requiring inpatient
treatment—Minor consent not required—Duties and
obligations of professional person and facility. (1) A parent may bring, or authorize the bringing of, his or her minor
child to an evaluation and treatment facility and request that
the professional person examine the minor to determine
whether the minor has a mental disorder and is in need of
inpatient treatment.
(2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor
to the facility.
(3) An appropriately trained professional person may
evaluate whether the minor has a mental disorder. The evaluation shall be completed within twenty-four hours of the time
the minor was brought to the facility, unless the professional
person determines that the condition of the minor necessitates
additional time for evaluation. In no event shall a minor be
held longer than seventy-two hours for evaluation. If, in the
judgment of the professional person, it is determined it is a
medical necessity for the minor to receive inpatient treatment, the minor may be held for treatment. The facility shall
limit treatment to that which the professional person determines is medically necessary to stabilize the minor's condition until the evaluation has been completed. Within twentyfour hours of completion of the evaluation, the professional
person shall notify the department if the child is held for
treatment and of the date of admission.
(4) No provider is obligated to provide treatment to a
minor under the provisions of this section. No provider may
admit a minor to treatment under this section unless it is medically necessary.
(5) No minor receiving inpatient treatment under this
section may be discharged from the facility based solely on
his or her request.
(6) Prior to the review conducted under RCW 71.34.025,
the professional person shall notify the minor of his or her
right to petition superior court for release from the facility.
(7) For the purposes of this section "professional person"
does not include a social worker, unless the social worker is
certified under *RCW 18.19.110 and appropriately trained
and qualified by education and experience, as defined by the
department, in psychiatric social work. [1998 c 296 § 17.]
*Reviser's note: RCW 18.19.110 was repealed by 2001 c 251 § 37.
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.054
71.34.054 Parent may request determination
whether minor has mental disorder requiring outpatient
(2004 Ed.)
Mental Health Services for Minors
treatment—Consent of minor not required—Discharge
of minor. (1) A parent may bring, or authorize the bringing
of, his or her minor child to a provider of outpatient mental
health treatment and request that an appropriately trained
professional person examine the minor to determine whether
the minor has a mental disorder and is in need of outpatient
treatment.
(2) The consent of the minor is not required for evaluation if the parent brings the minor to the provider.
(3) The professional person may evaluate whether the
minor has a mental disorder and is in need of outpatient treatment.
(4) Any minor admitted to inpatient treatment under
RCW 71.34.042 or 71.34.052 shall be discharged immediately from inpatient treatment upon written request of the
parent. [1998 c 296 § 18.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.070
indicates in the minor's clinical record, and notifies the
minor's parents of this determination. In no event may the
minor be denied the opportunity to consult an attorney.
(5) If the evaluation and treatment facility admits the
minor, it may detain the minor for evaluation and treatment
for a period not to exceed seventy-two hours from the time of
provisional acceptance. The computation of such seventytwo hour period shall exclude Saturdays, Sundays, and holidays. This initial treatment period shall not exceed seventytwo hours except when an application for voluntary inpatient
treatment is received or a petition for fourteen-day commitment is filed.
(6) Within twelve hours of the admission, the facility
shall advise the minor of his or her rights as set forth in this
chapter. [1991 c 364 § 12; 1985 c 354 § 6.]
Findings—Construction—Conflict with federal requirements—
1991 c 364: See notes following RCW 70.96A.020.
71.34.070 Petition for fourteen-day commitment—
Requirements. (1) The professional person in charge of an
evaluation and treatment facility where a minor has been
admitted involuntarily for the initial seventy-two hour treatment period under this chapter may petition to have a minor
committed to an evaluation and treatment facility for fourteen-day diagnosis, evaluation, and treatment.
If the professional person in charge of the treatment and
evaluation facility does not petition to have the minor committed, the parent who has custody of the minor may seek
review of that decision in court. The parent shall file notice
with the court and provide a copy of the treatment and evaluation facility's report.
(2) A petition for commitment of a minor under this section shall be filed with the superior court in the county where
the minor is residing or being detained.
(a) A petition for a fourteen-day commitment shall be
signed either by two physicians or by one physician and a
mental health professional who have examined the minor and
shall contain the following:
(i) The name and address of the petitioner;
(ii) The name of the minor alleged to meet the criteria for
fourteen-day commitment;
(iii) The name, telephone number, and address if known
of every person believed by the petitioner to be legally
responsible for the minor;
(iv) A statement that the petitioner has examined the
minor and finds that the minor's condition meets required criteria for fourteen-day commitment and the supporting facts
therefor;
(v) A statement that the minor has been advised of the
need for voluntary treatment but has been unwilling or unable
to consent to necessary treatment;
(vi) A statement recommending the appropriate facility
or facilities to provide the necessary treatment; and
(vii) A statement concerning whether a less restrictive
alternative to inpatient treatment is in the best interests of the
minor.
(b) A copy of the petition shall be personally delivered to
the minor by the petitioner or petitioner's designee. A copy of
the petition shall be sent to the minor's attorney and the
minor's parent. [1995 c 312 § 54; 1985 c 354 § 7.]
71.34.070
71.34.056 Parent-initiated treatment—Notice to parents of available treatment options. (1) The evaluation and
treatment facility is required to promptly provide written and
verbal notice of all statutorily available treatment options
contained in this chapter to every parent or guardian of a
minor child when the parent or guardian seeks to have his or
her minor child treated at an evaluation and treatment facility.
(2) The notice must contain the following information:
(a) All current statutorily available treatment options
including but not limited to those provided in this chapter;
and
(b) The procedures to be followed to utilize the treatment
options described in this chapter.
(3) The department shall produce, and make available,
the written notification that must include, at a minimum, the
information contained in subsection (2) of this section. [2003
c 107 § 1.]
71.34.056
71.34.060 Examination and evaluation of minor
approved for inpatient admission—Referral to chemical
dependency treatment program—Right to communication, exception—Evaluation and treatment period. (1)
Each minor approved by the facility for inpatient admission
shall be examined and evaluated by a children's mental health
specialist as to the child's mental condition and by a physician
as to the child's physical condition within twenty-four hours
of admission. Reasonable measures shall be taken to ensure
medical treatment is provided for any condition requiring
immediate medical attention.
(2) If, after examination and evaluation, the children's
mental health specialist and the physician determine that the
initial needs of the minor would be better served by placement in a chemical dependency treatment facility, then the
minor shall be referred to an approved treatment program
defined under RCW 70.96A.020.
(3) The admitting facility shall take reasonable steps to
notify immediately the minor's parent of the admission.
(4) During the initial seventy-two hour treatment period,
the minor has a right to associate or receive communications
from parents or others unless the professional person in
charge determines that such communication would be seriously detrimental to the minor's condition or treatment and so
71.34.060
(2004 Ed.)
Short title—1995 c 312: See note following RCW 13.32A.010.
[Title 71 RCW—page 79]
71.34.080
71.34.080
Title 71 RCW: Mental Illness
71.34.080 Commitment hearing—Requirements—
Findings by court—Commitment—Release. (1) A commitment hearing shall be held within seventy-two hours of
the minor's admission, excluding Saturday, Sunday, and holidays, unless a continuance is requested by the minor or the
minor's attorney.
(2) The commitment hearing shall be conducted at the
superior court or an appropriate place at the facility in which
the minor is being detained.
(3) At the commitment hearing, the evidence in support
of the petition shall be presented by the county prosecutor.
(4) The minor shall be present at the commitment hearing unless the minor, with the assistance of the minor's attorney, waives the right to be present at the hearing.
(5) If the parents are opposed to the petition, they may be
represented at the hearing and shall be entitled to courtappointed counsel if they are indigent.
(6) At the commitment hearing, the minor shall have the
following rights:
(a) To be represented by an attorney;
(b) To present evidence on his or her own behalf;
(c) To question persons testifying in support of the petition.
(7) If the minor has received medication within twentyfour hours of the hearing, the court shall be informed of that
fact and of the probable effects of the medication.
(8) Rules of evidence shall not apply in fourteen-day
commitment hearings.
(9) For a fourteen-day commitment, the court must find
by a preponderance of the evidence that:
(a) The minor has a mental disorder and presents a "likelihood of serious harm" or is "gravely disabled";
(b) The minor is in need of evaluation and treatment of
the type provided by the inpatient evaluation and treatment
facility to which continued inpatient care is sought or is in
need of less restrictive alternative treatment found to be in the
best interests of the minor; and
(c) The minor is unwilling or unable in good faith to consent to voluntary treatment.
(10) If the court finds that the minor meets the criteria for
a fourteen-day commitment, the court shall either authorize
commitment of the minor for inpatient treatment or for less
restrictive alternative treatment upon such conditions as are
necessary. If the court determines that the minor does not
meet the criteria for a fourteen-day commitment, the minor
shall be released.
(11) Nothing in this section prohibits the professional
person in charge of the evaluation and treatment facility from
releasing the minor at any time, when, in the opinion of the
professional person in charge of the facility, further inpatient
treatment is no longer necessary. The release may be subject
to reasonable conditions if appropriate.
Whenever a minor is released under this section, the professional person in charge shall within three days, notify the
court in writing of the release.
(12) A minor who has been committed for fourteen days
shall be released at the end of that period unless a petition for
one hundred eighty-day commitment is pending before the
court. [1985 c 354 § 8.]
[Title 71 RCW—page 80]
71.34.090
71.34.090 Petition for one hundred eighty-day commitment—Hearing—Requirements—Findings by
court—Commitment order—Release—Successive commitments. (1) At any time during the minor's period of fourteen-day commitment, the professional person in charge may
petition the court for an order requiring the minor to undergo
an additional one hundred eighty-day period of treatment.
The evidence in support of the petition shall be presented by
the county prosecutor unless the petition is filed by the professional person in charge of a state-operated facility in
which case the evidence shall be presented by the attorney
general.
(2) The petition for one hundred eighty-day commitment
shall contain the following:
(a) The name and address of the petitioner or petitioners;
(b) The name of the minor alleged to meet the criteria for
one hundred eighty-day commitment;
(c) A statement that the petitioner is the professional person in charge of the evaluation and treatment facility responsible for the treatment of the minor;
(d) The date of the fourteen-day commitment order; and
(e) A summary of the facts supporting the petition.
(3) The petition shall be supported by accompanying
affidavits signed by two examining physicians, one of whom
shall be a child psychiatrist, or by one examining physician
and one children's mental health specialist. The affidavits
shall describe in detail the behavior of the detained minor
which supports the petition and shall state whether a less
restrictive alternative to inpatient treatment is in the best
interests of the minor.
(4) The petition for one hundred eighty-day commitment
shall be filed with the clerk of the court at least three days
before the expiration of the fourteen-day commitment period.
The petitioner or the petitioner's designee shall within
twenty-four hours of filing serve a copy of the petition on the
minor and notify the minor's attorney and the minor's parent.
A copy of the petition shall be provided to such persons at
least twenty-four hours prior to the hearing.
(5) At the time of filing, the court shall set a date within
seven days for the hearing on the petition. The court may continue the hearing upon the written request of the minor or the
minor's attorney for not more than ten days. The minor or the
parents shall be afforded the same rights as in a fourteen-day
commitment hearing. Treatment of the minor shall continue
pending the proceeding.
(6) For one hundred eighty-day commitment, the court
must find by clear, cogent, and convincing evidence that the
minor:
(a) Is suffering from a mental disorder;
(b) Presents a likelihood of serious harm or is gravely
disabled; and
(c) Is in need of further treatment that only can be provided in a one hundred eighty-day commitment.
(7) If the court finds that the criteria for commitment are
met and that less restrictive treatment in a community setting
is not appropriate or available, the court shall order the minor
committed for further inpatient treatment to the custody of
the secretary or to a private treatment and evaluation facility
if the minor's parents have assumed responsibility for payment for the treatment. If the court finds that a less restrictive
alternative is in the best interest of the minor, the court shall
(2004 Ed.)
Mental Health Services for Minors
order less restrictive alternative treatment upon such conditions as necessary.
If the court determines that the minor does not meet the
criteria for one hundred eighty-day commitment, the minor
shall be released.
(8) Successive one hundred eighty-day commitments are
permissible on the same grounds and under the same procedures as the original one hundred eighty-day commitment.
Such petitions shall be filed at least five days prior to the
expiration of the previous one hundred eighty-day commitment order. [1985 c 354 § 9.]
71.34.100
71.34.100 Placement of minor in state evaluation and
treatment facility—Placement committee—Facility to
report to committee. (1) If a minor is committed for one
hundred eighty-day inpatient treatment and is to be placed in
a state-supported program, the secretary shall accept immediately and place the minor in a state-funded long-term evaluation and treatment facility.
(2) The secretary's placement authority shall be exercised through a designated placement committee appointed
by the secretary and composed of children's mental health
specialists, including at least one child psychiatrist who represents the state-funded, long-term, evaluation and treatment
facility for minors. The responsibility of the placement committee will be to:
(a) Make the long-term placement of the minor in the
most appropriate, available state-funded evaluation and treatment facility, having carefully considered factors including
the treatment needs of the minor, the most appropriate facility
able to respond to the minor's identified treatment needs, the
geographic proximity of the facility to the minor's family, the
immediate availability of bed space, and the probable impact
of the placement on other residents of the facility;
(b) Approve or deny requests from treatment facilities
for transfer of a minor to another facility;
(c) Receive and monitor reports required under this section;
(d) Receive and monitor reports of all discharges.
(3) The secretary may authorize transfer of minors
among treatment facilities if the transfer is in the best interests of the minor or due to treatment priorities.
(4) The responsible state-funded evaluation and treatment facility shall submit a report to the department's designated placement committee within ninety days of admission
and no less than every one hundred eighty days thereafter,
setting forth such facts as the department requires, including
the minor's individual treatment plan and progress, recommendations for future treatment, and possible less restrictive
treatment. [1985 c 354 § 10.]
71.34.110
71.34.110 Minor's failure to adhere to outpatient
conditions—Deterioration of minor's functioning—
Transport to inpatient facility—Order of apprehension
and detention—Revocation of alternative treatment or
conditional release—Hearings. (1) If the professional person in charge of an outpatient treatment program, a countydesignated mental health professional, or the secretary determines that a minor is failing to adhere to the conditions of the
court order for less restrictive alternative treatment or the
(2004 Ed.)
71.34.130
conditions for the conditional release, or that substantial deterioration in the minor's functioning has occurred, the countydesignated mental health professional, or the secretary may
order that the minor be taken into custody and transported to
an inpatient evaluation and treatment facility.
(2) The county-designated mental health professional or
the secretary shall file the order of apprehension and detention and serve it upon the minor and notify the minor's parent
and the minor's attorney, if any, of the detention within two
days of return. At the time of service the minor shall be
informed of the right to a hearing and to representation by an
attorney. The county-designated mental health professional
or the secretary may modify or rescind the order of apprehension and detention at any time prior to the hearing.
(3) A petition for revocation of less restrictive alternative
treatment shall be filed by the county-designated mental
health professional or the secretary with the court in the
county ordering the less restrictive alternative treatment. The
court shall conduct the hearing in that county. A petition for
revocation of conditional release may be filed with the court
in the county ordering inpatient treatment or the county
where the minor on conditional release is residing. A petition
shall describe the behavior of the minor indicating violation
of the conditions or deterioration of routine functioning and a
dispositional recommendation. Upon motion for good cause,
the hearing may be transferred to the county of the minor's
residence or to the county in which the alleged violations
occurred. The hearing shall be held within seven days of the
minor's return. The issues to be determined are whether the
minor did or did not adhere to the conditions of the less
restrictive alternative treatment or conditional release, or
whether the minor's routine functioning has substantially
deteriorated, and, if so, whether the conditions of less restrictive alternative treatment or conditional release should be
modified or whether the minor should be returned to inpatient
treatment. Pursuant to the determination of the court, the
minor shall be returned to less restrictive alternative treatment or conditional release on the same or modified conditions or shall be returned to inpatient treatment. If the minor
is returned to inpatient treatment, RCW 71.34.100 regarding
the secretary's placement responsibility shall apply. The hearing may be waived by the minor and the minor returned to
inpatient treatment or to less restrictive alternative treatment
or conditional release on the same or modified conditions.
[1985 c 354 § 11.]
71.34.120
71.34.120 Release of minor—Conditional release—
Discharge. (1) The professional person in charge of the
inpatient treatment facility may authorize release for the
minor under such conditions as appropriate. Conditional
release may be revoked pursuant to RCW 71.34.110 if leave
conditions are not met or the minor's functioning substantially deteriorates.
(2) Minors may be discharged prior to expiration of the
commitment period if the treating physician or professional
person in charge concludes that the minor no longer meets
commitment criteria. [1985 c 354 § 12.]
71.34.130
71.34.130 Liability for costs of minor's treatment and
care—Rules. (1) A minor receiving treatment under the pro[Title 71 RCW—page 81]
71.34.140
Title 71 RCW: Mental Illness
visions of this chapter and responsible others shall be liable
for the costs of treatment, care, and transportation to the
extent of available resources and ability to pay.
(2) The secretary shall establish rules to implement this
section and to define income, resources, and exemptions to
determine the responsible person's or persons' ability to pay.
[1985 c 354 § 13.]
71.34.140
71.34.140 Responsibility of counties for evaluation
and treatment services for minors. (1) The county or combination of counties is responsible for development and coordination of the evaluation and treatment program for minors,
for incorporating the program into the county mental health
plan, and for coordination of evaluation and treatment services and resources with the community mental health program required under chapter 71.24 RCW.
(2) The county shall be responsible for maintaining its
support of involuntary treatment services for minors at its
1984 level, adjusted for inflation, with the department
responsible for additional costs to the county resulting from
this chapter. [1985 c 354 § 14.]
71.34.150
71.34.150 Transportation for minors committed to
state facility for one hundred eighty-day treatment. Necessary transportation for minors committed to the secretary
under this chapter for one hundred eighty-day treatment shall
be provided by the department in the most appropriate and
cost-effective means. [1985 c 354 § 15.]
71.34.160
71.34.160 Rights of minors undergoing treatment—
Posting. Absent a risk to self or others, minors treated under
this chapter have the following rights, which shall be prominently posted in the evaluation and treatment facility:
(1) To wear their own clothes and to keep and use personal possessions;
(2) To keep and be allowed to spend a reasonable sum of
their own money for canteen expenses and small purchases;
(3) To have individual storage space for private use;
(4) To have visitors at reasonable times;
(5) To have reasonable access to a telephone, both to
make and receive confidential calls;
(6) To have ready access to letter-writing materials,
including stamps, and to send and receive uncensored correspondence through the mails;
(7) To discuss treatment plans and decisions with mental
health professionals;
(8) To have the right to adequate care and individualized
treatment;
(9) Not to consent to the performance of electro-convulsive treatment or surgery, except emergency life-saving surgery, upon him or her, and not to have electro-convulsive
treatment or nonemergency surgery in such circumstance
unless ordered by a court pursuant to a judicial hearing in
which the minor is present and represented by counsel, and
the court shall appoint a psychiatrist, psychologist, or physician designated by the minor or the minor's counsel to testify
on behalf of the minor. The minor's parent may exercise this
right on the minor's behalf, and must be informed of any
impending treatment;
[Title 71 RCW—page 82]
(10) Not to have psychosurgery performed on him or her
under any circumstances. [1985 c 354 § 16.]
71.34.162 Minor may petition court for release from
facility. Following the review conducted under RCW
71.34.025, a minor child may petition the superior court for
his or her release from the facility. The petition may be filed
not sooner than five days following the review. The court
shall release the minor unless it finds, upon a preponderance
of the evidence, that it is a medical necessity for the minor to
remain at the facility. [1998 c 296 § 19.]
71.34.162
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.164 Minor not released by petition under RCW
71.34.162—Release within thirty days—Professional may
initiate proceedings to stop release. If the minor is not
released as a result of the petition filed under RCW
71.34.162, he or she shall be released not later than thirty
days following the later of: (1) The date of the department's
determination under RCW 71.34.025(2); or (2) the filing of a
petition for judicial review under RCW 71.34.162, unless a
professional person or the county designated mental health
professional initiates proceedings under this chapter. [1998 c
296 § 20.]
71.34.164
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.170 Release of minor—Requirements. (1) If a
minor is not accepted for admission or is released by an inpatient evaluation and treatment facility, the facility shall
release the minor to the custody of the minor's parent or other
responsible person. If not otherwise available, the facility
shall furnish transportation for the minor to the minor's residence or other appropriate place.
(2) If the minor is released to someone other than the
minor's parent, the facility shall make every effort to notify
the minor's parent of the release as soon as possible.
(3) No indigent minor may be released to less restrictive
alternative treatment or setting or discharged from inpatient
treatment without suitable clothing, and the department shall
furnish this clothing. As funds are available, the secretary
may provide necessary funds for the immediate welfare of
indigent minors upon discharge or release to less restrictive
alternative treatment. [1985 c 354 § 17.]
71.34.170
71.34.180 Transferring or moving persons from
juvenile correctional institutions or facilities to evaluation
and treatment facilities. When in the judgment of the
department the welfare of any person committed to or confined in any state juvenile correctional institution or facility
necessitates that the person be transferred or moved for
observation, diagnosis, or treatment to an evaluation and
treatment facility, the secretary or the secretary's designee is
authorized to order and effect such move or transfer for a
period of up to fourteen days, provided that the secretary
notifies the original committing court of the transfer and the
evaluation and treatment facility is in agreement with the
transfer. No person committed to or confined in any state
juvenile correctional institution or facility may be transferred
to an evaluation and treatment facility for more than fourteen
71.34.180
(2004 Ed.)
Mental Health Services for Minors
days unless that person has been admitted as a voluntary
patient or committed for one hundred eighty-day treatment
under this chapter or ninety-day treatment under chapter
71.05 RCW if eighteen years of age or older. Underlying
jurisdiction of minors transferred or committed under this
section remains with the state correctional institution. A voluntary admitted minor or minors committed under this section and no longer meeting the criteria for one hundred
eighty-day commitment shall be returned to the state correctional institution to serve the remaining time of the underlying dispositional order or sentence. The time spent by the
minor at the evaluation and treatment facility shall be credited towards the minor's juvenile court sentence. [1985 c 354
§ 19.]
71.34.190
71.34.190 No detention of minors after eighteenth
birthday—Exceptions. No minor received as a voluntary
patient or committed under this chapter may be detained after
his or her eighteenth birthday unless the person, upon reaching eighteen years of age, has applied for admission to an
appropriate evaluation and treatment facility or unless involuntary commitment proceedings under chapter 71.05 RCW
have been initiated: PROVIDED, That a minor may be
detained after his or her eighteenth birthday for purposes of
completing the fourteen-day diagnosis, evaluation, and treatment. [1985 c 354 § 20.]
71.34.200
71.34.200 Information concerning treatment of
minors confidential—Disclosure—Admissible as evidence with written consent. The fact of admission and all
information obtained through treatment under this chapter is
confidential. Confidential information may be disclosed
only:
(1) In communications between mental health professionals to meet the requirements of this chapter, in the provision of services to the minor, or in making appropriate referrals;
(2) In the course of guardianship or dependency proceedings;
(3) To persons with medical responsibility for the
minor's care;
(4) To the minor, the minor's parent, and the minor's
attorney, subject to RCW 13.50.100;
(5) When the minor or the minor's parent designates in
writing the persons to whom information or records may be
released;
(6) To the extent necessary to make a claim for financial
aid, insurance, or medical assistance to which the minor may
be entitled or for the collection of fees or costs due to providers for services rendered under this chapter;
(7) To the courts as necessary to the administration of
this chapter;
(8) To law enforcement officers or public health officers
as necessary to carry out the responsibilities of their office.
However, only the fact and date of admission, and the date of
discharge, the name and address of the treatment provider, if
any, and the last known address shall be disclosed upon
request;
(9) To law enforcement officers, public health officers,
relatives, and other governmental law enforcement agencies,
(2004 Ed.)
71.34.200
if a minor has escaped from custody, disappeared from an
evaluation and treatment facility, violated conditions of a less
restrictive treatment order, or failed to return from an authorized leave, and then only such information as may be necessary to provide for public safety or to assist in the apprehension of the minor. The officers are obligated to keep the information confidential in accordance with this chapter;
(10) To the secretary for assistance in data collection and
program evaluation or research, provided that the secretary
adopts rules for the conduct of such evaluation and research.
The rules shall include, but need not be limited to, the
requirement that all evaluators and researchers sign an oath of
confidentiality substantially as follows:
"As a condition of conducting evaluation or research
concerning persons who have received services from (fill in
the facility, agency, or person) I, . . . . . ., agree not to divulge,
publish, or otherwise make known to unauthorized persons or
the public any information obtained in the course of such
evaluation or research regarding minors who have received
services in a manner such that the minor is identifiable.
I recognize that unauthorized release of confidential
information may subject me to civil liability under state law.
/s/ . . . . . . . . . . . . . . . . . . . . "
(11) To appropriate law enforcement agencies, upon
request, all necessary and relevant information in the event of
a crisis or emergent situation that poses a significant and
imminent risk to the public. The decision to disclose or not
shall not result in civil liability for the mental health service
provider or its employees so long as the decision was reached
in good faith and without gross negligence;
(12) To appropriate law enforcement agencies and to a
person, when the identity of the person is known to the public
or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by
the patient. The person may designate a representative to
receive the disclosure. The disclosure shall be made by the
professional person in charge of the public or private agency
or his or her designee and shall include the dates of admission, discharge, authorized or unauthorized absence from the
agency's facility, and only such other information that is pertinent to the threat or harassment. The decision to disclose or
not shall not result in civil liability for the agency or its
employees so long as the decision was reached in good faith
and without gross negligence;
(13) To a minor's next of kin, attorney, guardian, or conservator, if any, the information that the minor is presently in
the facility or that the minor is seriously physically ill and a
statement evaluating the mental and physical condition of the
minor as well as a statement of the probable duration of the
minor's confinement;
(14) Upon the death of a minor, to the minor's next of
kin;
(15) To a facility in which the minor resides or will
reside.
This section shall not be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards, including standards to
assure maintenance of confidentiality, set forth by the secretary. The fact of admission and all information obtained pur[Title 71 RCW—page 83]
71.34.210
Title 71 RCW: Mental Illness
suant to this chapter are not admissible as evidence in any
legal proceeding outside this chapter, except guardianship or
dependency, without the written consent of the minor or the
minor's parent. [2000 c 75 § 7; 1985 c 354 § 18.]
Intent—2000 c 75: See note following RCW 71.05.445.
71.34.210
71.34.210 Court records and files confidential—
Availability. The records and files maintained in any court
proceeding under this chapter are confidential and available
only to the minor, the minor's parent, and the minor's attorney. In addition, the court may order the subsequent release
or use of these records or files only upon good cause shown if
the court finds that appropriate safeguards for strict confidentiality will be maintained. [1985 c 354 § 21.]
71.34.220
71.34.220 Disclosure of information or records—
Required entries in minor's clinical record. When disclosure of information or records is made, the date and circumstances under which the disclosure was made, the name or
names of the persons or agencies to whom such disclosure
was made and their relationship if any, to the minor, and the
information disclosed shall be entered promptly in the
minor's clinical record. [1985 c 354 § 22.]
71.34.225
71.34.225 Mental health services information—
Release to department of corrections—Rules. (1) The definitions in this subsection apply throughout this section
unless the context clearly requires otherwise.
(a) "Information related to mental health services" means
all information and records compiled, obtained, or maintained in the course of providing services to either voluntary
or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.05 or 10.77 RCW, or
somatic health care information.
(b) "Mental health service provider" means a public or
private agency that provides services to persons with mental
disorders as defined under RCW 71.34.020 and receives
funding from public sources. This includes evaluation and
treatment facilities as defined in RCW 71.34.020, community
mental health service delivery systems, or community mental
health programs, as defined in RCW 71.24.025, and facilities
conducting competency evaluations and restoration under
chapter 10.77 RCW.
(2) Information related to mental health services delivered to a person subject to chapter 9.94A or 9.95 RCW shall
be released, upon request, by a mental health service provider
to department of corrections personnel for whom the information is necessary to carry out the responsibilities of their
office. The information must be provided only for the purpose of completing presentence investigations, supervision of
an incarcerated person, planning for and provision of supervision of a person, or assessment of a person's risk to the
community. The request shall be in writing and shall not
require the consent of the subject of the records.
(3) The information to be released to the department of
corrections shall include all relevant records and reports, as
defined by rule, necessary for the department of corrections
to carry out its duties, including those records and reports
identified in subsection (2) of this section.
[Title 71 RCW—page 84]
(4) The department shall, subject to available resources,
electronically, or by the most cost-effective means available,
provide the department of corrections with the names, last
dates of services, and addresses of specific regional support
networks and mental health service providers that delivered
mental health services to a person subject to chapter 9.94A or
9.95 RCW pursuant to an agreement between the departments.
(5) The department and the department of corrections, in
consultation with regional support networks, mental health
service providers as defined in subsection (1) of this section,
mental health consumers, and advocates for persons with
mental illness, shall adopt rules to implement the provisions
of this section related to the type and scope of information to
be released. These rules shall:
(a) Enhance and facilitate the ability of the department of
corrections to carry out its responsibility of planning and
ensuring community protection with respect to persons subject to sentencing under chapter 9.94A or 9.95 RCW, including accessing and releasing or disclosing information of persons who received mental health services as a minor; and
(b) Establish requirements for the notification of persons
under the supervision of the department of corrections
regarding the provisions of this section.
(6) The information received by the department of corrections under this section shall remain confidential and subject to the limitations on disclosure outlined in RCW
71.34.200, except as provided in RCW 72.09.585.
(7) No mental health service provider or individual
employed by a mental health service provider shall be held
responsible for information released to or used by the department of corrections under the provisions of this section or
rules adopted under this section.
(8) Whenever federal law or federal regulations restrict
the release of information contained in the treatment records
of any patient who receives treatment for alcoholism or drug
dependency, the release of the information may be restricted
as necessary to comply with federal law and regulations.
(9) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under chapter 70.24 RCW. [2004 c 166 § 8;
2002 c 39 § 1; 2000 c 75 § 2.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
Intent—2000 c 75: See note following RCW 71.05.445.
71.34.230
71.34.230 Attorneys appointed for minors—Compensation. Attorneys appointed for minors under this chapter shall be compensated for their services as follows:
(1) Responsible others shall bear the costs of such legal
services if financially able according to standards set by the
court of the county in which the proceeding is held.
(2) If all responsible others are indigent as determined by
these standards, the costs of these legal services shall be
borne by the county in which the proceeding is held. [1985 c
354 § 23.]
71.34.240
71.34.240 Court proceedings under chapter subject
to rules of state supreme court. Court procedures and proceedings provided for in this chapter shall be in accordance
(2004 Ed.)
Coordination of Children’s Mental Health Services
with rules adopted by the supreme court of the state of Washington. [1985 c 354 § 24.]
71.34.250
71.34.250 Jurisdiction over proceedings under chapter—Venue. (1) The superior court has jurisdiction over
proceedings under this chapter.
(2) A record of all petitions and proceedings under this
chapter shall be maintained by the clerk of the superior court
in the county in which the petition or proceedings was initiated.
(3) Petitions for commitment shall be filed and venue for
hearings under this chapter shall be in the county in which the
minor is being detained. The court may, for good cause,
transfer the proceeding to the county of the minor's residence,
or to the county in which the alleged conduct evidencing need
for commitment occurred. If the county of detention is
changed, subsequent petitions may be filed in the county in
which the minor is detained without the necessity of a change
of venue. [1985 c 354 § 26.]
71.34.260
71.34.260 Transfer of superior court proceedings to
juvenile department. For purposes of this chapter, a superior court may transfer proceedings under this chapter to its
juvenile department. [1985 c 354 § 28.]
71.34.270
71.34.270 Liability for performance of duties under
this chapter limited. No public or private agency or governmental entity, nor officer of a public or private agency, nor
the superintendent, or professional person in charge, his or
her professional designee or attending staff of any such
agency, nor any public official performing functions necessary to the administration of this chapter, nor peace officer
responsible for detaining a person under this chapter, nor any
county designated mental health professional, shall be civilly
or criminally liable for performing his or her duties under this
chapter with regard to the decision of whether to admit,
release, or detain a person for evaluation and treatment:
PROVIDED, That such duties were performed in good faith
and without gross negligence. [1985 c 354 § 27.]
71.34.280
71.34.280 Mental health commissioners—Authority.
The judges of the superior court of the county by majority
vote may authorize mental health commissioners, appointed
pursuant to RCW 71.05.135, to perform any or all of the following duties:
(1) Receive all applications, petitions, and proceedings
filed in the superior court for the purpose of disposing of
them pursuant to this chapter;
(2) Investigate the facts upon which to base warrants,
subpoenas, orders to directions in actions, or proceedings
filed pursuant to this chapter;
(3) For the purpose of this chapter, exercise all powers
and perform all the duties of a court commissioner appointed
pursuant to RCW 2.24.010;
(4) Hold hearings in proceedings under this chapter and
make written reports of all proceedings under this chapter
which shall become a part of the record of superior court;
(5) Provide such supervision in connection with the exercise of its jurisdiction as may be ordered by the presiding
judge; and
(2004 Ed.)
Chapter 71.36
(6) Cause the orders and findings to be entered in the
same manner as orders and findings are entered in cases in
the superior court. [1989 c 174 § 3.]
Severability—1989 c 174: See note following RCW 71.05.135.
71.34.290
71.34.290 Antipsychotic medication and shock treatment. For the purposes of administration of antipsychotic
medication and shock treatment, the provisions of chapter
120, Laws of 1989 apply to minors pursuant to chapter 71.34
RCW. [1989 c 120 § 9.]
71.34.800
71.34.800 Department to adopt rules to effectuate
chapter. The department shall adopt such rules pursuant to
chapter 34.05 RCW as may be necessary to effectuate the
intent and purposes of this chapter, which shall include but
not be limited to evaluation of the quality, effectiveness, efficiency, and use of services and facilities operating under this
chapter, procedures and standards for commitment, and other
action relevant to evaluation and treatment facilities, and
establishment of criteria and procedures for placement and
transfer of committed minors. [1985 c 354 § 25.]
71.34.805
71.34.805 Uniform application of chapter—Training
for county-designated mental health professionals. The
department shall ensure that the provisions of this chapter are
applied by the counties in a consistent and uniform manner.
The department shall also ensure that, to the extent possible
within available funds, the county-designated mental health
professionals are specifically trained in adolescent mental
health issues, the mental health civil commitment laws, and
the criteria for civil commitment. [1992 c 205 § 304.]
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
71.34.810
71.34.810 Redirection of Title XIX funds to fund
placements within the state. For the purpose of encouraging the expansion of existing evaluation and treatment facilities and the creation of new facilities, the department shall
endeavor to redirect federal Title XIX funds which are
expended on out-of-state placements to fund placements
within the state. [1992 c 205 § 303.]
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
71.34.900
71.34.900 Severability—1985 c 354. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 354 § 37.]
71.34.901
71.34.901 Effective date—1985 c 354. This act shall
take effect January 1, 1986. [1985 c 354 § 38.]
Chapter 71.36 RCW
COORDINATION OF CHILDREN'S MENTAL
HEALTH SERVICES
Chapter 71.36
Sections
71.36.005
71.36.010
Intent.
Definitions.
[Title 71 RCW—page 85]
71.36.005
71.36.020
71.36.030
71.36.040
71.36.050
71.36.900
71.36.901
Title 71 RCW: Mental Illness
Plan for early periodic screening, diagnosis, and treatment services.
Children's mental health services delivery system—Local
planning efforts.
Issue identification, data collection, plan revision—Coordination with other state agencies.
Report on implementation status.
Part headings not law—1991 c 326.
Severability—1991 c 326.
71.36.005
71.36.005 Intent. The legislature intends to encourage
the development of community-based interagency collaborative efforts to plan for and provide mental health services to
children in a manner that coordinates existing categorical
children's mental health programs and funding, is sensitive to
the unique cultural circumstances of children of color, eliminates duplicative case management, and to the greatest extent
possible, blends categorical funding to offer more service
options to each child. [1991 c 326 § 11.]
71.36.010
71.36.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agency" means a state or local governmental entity
or a private not-for-profit organization.
(2) "Child" means a person under eighteen years of age,
except as expressly provided otherwise in federal law.
(3) "County authority" means the board of county commissioners or county executive.
(4) "Department" means the department of social and
health services.
(5) "Early periodic screening, diagnosis, and treatment"
means the component of the federal medicaid program established pursuant to 42 U.S.C. Sec. 1396d(r), as amended.
(6) "Regional support network" means a county authority or group of county authorities that have entered into contracts with the secretary pursuant to chapter 71.24 RCW.
(7) "Secretary" means the secretary of social and health
services. [1991 c 326 § 12.]
71.36.020 Plan for early periodic screening, diagnosis, and treatment services. The department, in consultation
with the office of financial management, shall develop a plan
and criteria for the use of early periodic screening, diagnosis,
and treatment services related to mental health that includes
at least the following components:
(1) Criteria for screening and assessment of mental illness and emotional disturbance;
(2) Criteria for determining the appropriate level of medically necessary services a child receives, including but not
limited to development of a multidisciplinary plan of care
when appropriate, and prior authorization for receipt of mental health services;
(3) Qualifications for children's mental health providers;
(4) Other cost control mechanisms, such as managed
care arrangements and prospective or capitated payments for
mental health services; and
(5) Mechanisms to ensure that federal medicaid matching funds are obtained for services, to the greatest extent
practicable.
In developing the plan, the department shall provide an
opportunity for comment by the major child-serving systems
and regional support networks. The plan shall be submitted
71.36.020
[Title 71 RCW—page 86]
to appropriate committees of the legislature on or before
December 1, 2003. [2003 c 281 § 4; 1991 c 326 § 13.]
Legislative support affirmed—2003 c 281: See note following RCW
71.36.040.
71.36.030 Children's mental health services delivery
system—Local planning efforts. (1) On or before January
1, 1992, each regional support network, or county authority
in counties that have not established a regional support network, shall initiate a local planning effort to develop a children's mental health services delivery system.
(2) Representatives of the following agencies or organizations and the following individuals shall participate in the
local planning effort:
(a) Representatives of the department of social and
health services in the following program areas: Children and
family services, medical care, mental health, juvenile rehabilitation, alcohol and substance abuse, and developmental disabilities;
(b) The juvenile courts;
(c) The public health department or health district;
(d) The school districts;
(e) The educational service district serving schools in the
county;
(f) Head start or early childhood education and assistance programs;
(g) Community action agencies; and
(h) Children's services providers, including minority
mental health providers.
(3) Parents of children in need of mental health services
and parents of children of color shall be invited to participate
in the local planning effort.
(4) The following information shall be developed
through the local planning effort and submitted to the secretary:
(a) A supplement to the county's January 1, 1991, children's mental health services report prepared pursuant to
RCW 71.24.049 to include the following data:
(i) The number of children in need of mental health services in the county or counties covered by the local planning
effort, including children in school and children receiving
services through the department of social and health services
division of children and family services, division of developmental disabilities, division of alcohol and substance abuse,
and division of juvenile rehabilitation, grouped by severity of
their mental illness;
(ii) The number of such children that are underserved or
unserved and the types of services needed by such children;
and
(iii) The supply of children's mental health specialists in
the county or counties covered by the local planning effort.
(b) A children's mental health services delivery plan that
includes a description of the following:
(i) Children that will be served, giving consideration to
children who are at significant risk of experiencing mental
illness, as well as those already experiencing mental illness;
(ii) How appropriate services needed by children served
through the plan will be identified and provided, including
prevention and identification services;
(iii) How a lead case manager for each child will be identified;
71.36.030
(2004 Ed.)
Construction
(iv) How funding for existing services will be coordinated to create more flexibility in meeting children's needs.
Such funding shall include the services and programs inventoried pursuant to *RCW 71.36.020(1);
(v) How the children's mental health delivery system
will incorporate the elements of the early periodic screening,
diagnosis, and treatment services plan developed pursuant to
*RCW 71.36.020(2); and
(vi) How the children's mental health delivery system
will coordinate with the regional support network information system developed pursuant to RCW 71.24.035(5)(g).
(5) In developing the children's mental health services
delivery plan, every effort shall be made to reduce duplication in service delivery and promote complementary services
among all entities that provide children's services related to
mental health.
(6) The children's mental health services delivery plan
shall address the needs of children of color through at least
the following mechanisms:
(a) Outreach initiatives, services, and modes of service
delivery that meet the unique needs of children of color; and
(b) Services to children of color that are culturally relevant and acceptable, as well as linguistically accessible.
[1991 c 326 § 14.]
*Reviser's note: RCW 71.36.020 was amended by 2003 c 281 § 4,
deleting subsection (1) and changing subsection (2)(a) through (e) to subsections (1) through (5).
71.98.040
health and education systems coordinate services and resources to provide
public mental health care for children." [2003 c 281 § 1.]
71.36.050
71.36.050 Report on implementation status. (Expires
June 30, 2006.) (1) In addition to any follow-up requirements recommended by the joint legislative audit and review
committee, the department of social and health services shall
submit a report to the governor and the legislature on the status of the implementation of the recommendations provided
in RCW 71.36.040(2) (a) through (c) and, in coordination
with the office of the superintendent of public instruction, on
RCW 71.36.040(3). An initial implementation status report
must be submitted to the governor and appropriate policy and
fiscal committees of the legislature by June 1, 2004. A final
report shall be provided no later than June 1, 2006.
(2) This section expires June 30, 2006. [2003 c 281 § 3.]
Legislative support affirmed—2003 c 281: See note following RCW
71.36.040.
71.36.900
71.36.900 Part headings not law—1991 c 326. Part
headings used in this act do not constitute any part of the law.
[1991 c 326 § 17.]
71.36.901
71.36.901 Severability—1991 c 326. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 326 § 19.]
71.36.040
71.36.040 Issue identification, data collection, plan
revision—Coordination with other state agencies. (1) The
legislature supports recommendations made in the August
2002 study of the public mental health system for children
conducted by the joint legislative audit and review committee.
(2) The department shall, within available funds:
(a) Identify internal business operation issues that limit
the agency's ability to meet legislative intent to coordinate
existing categorical children's mental health programs and
funding;
(b) Collect reliable mental health cost, service, and outcome data specific to children. This information must be
used to identify best practices and methods of improving fiscal management;
(c) Revise the early periodic screening diagnosis and
treatment plan to reflect the mental health system structure in
place on July 27, 2003, and thereafter revise the plan as necessary to conform to subsequent changes in the structure.
(3) The department and the office of the superintendent
of public instruction shall jointly identify school districts
where mental health and education systems coordinate services and resources to provide public mental health care for
children. The department and the office of the superintendent
of public instruction shall work together to share information
about these approaches with other school districts, regional
support networks, and state agencies. [2003 c 281 § 2.]
Legislative support affirmed—2003 c 281: "The legislature affirms
its support for: Improving field-level cross-program collaboration and efficiency; collecting reliable mental health cost, service, and outcome data specific to children; revising the early periodic screening diagnosis and treatment plan to reflect the current mental health system structure; and identifying and promulgating the approaches used in school districts where mental
(2004 Ed.)
Chapter 71.98
Chapter 71.98 RCW
CONSTRUCTION
Sections
71.98.010
71.98.020
71.98.030
71.98.040
71.98.050
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Repeals and saving.
Emergency—1959 c 25.
71.98.010
71.98.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. [1959 c 25 §
71.98.010.]
71.98.020
71.98.020 Title, chapter, section headings not part of
law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of
the law. [1959 c 25 § 71.98.020.]
71.98.030
71.98.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application to
any person or circumstance is held invalid, the remainder of
the title, or the application of the provision to other persons or
circumstances is not affected. [1959 c 25 § 71.98.030.]
71.98.040
71.98.040 Repeals and saving.
71.98.040.
See 1959 c 25 §
[Title 71 RCW—page 87]
71.98.050
Title 71 RCW: Mental Illness
71.98.050 Emergency—1959 c 25. This act is necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1959 c 25 § 71.98.050.]
71.98.050
[Title 71 RCW—page 88]
(2004 Ed.)
Title 71A
Chapters
71A.10
71A.12
71A.14
71A.16
71A.18
71A.20
71A.22
Chapter 71A.10
Title 71A
DEVELOPMENTAL DISABILITIES
General provisions.
State services.
Local services.
Eligibility for services.
Service delivery.
Residential habilitation centers.
Training centers and homes.
Chapter 71A.10 RCW
GENERAL PROVISIONS
Sections
71A.10.010
71A.10.011
71A.10.015
71A.10.020
71A.10.030
71A.10.040
71A.10.050
71A.10.060
71A.10.070
71A.10.080
71A.10.800
71A.10.805
71A.10.900
71A.10.901
71A.10.902
Legislative finding—Intent—1988 c 176.
Intent—1995 c 383.
Declaration of policy.
Definitions.
Civil and parental rights not affected.
Protection from discrimination.
Appeal of department actions—Right to.
Notice by secretary.
Secretary's duty to consult.
Governor to designate an agency to implement a program for
protection and advocacy of the rights of persons with developmental disabilities and mentally ill persons—Authority of
designated agency—Liaison with state agencies.
Application of Title 71A RCW to matters pending as of June
9, 1988.
Headings in Title 71A RCW not part of law.
Severability—1988 c 176.
Saving—1988 c 176.
Continuation of existing law—1988 c 176.
71A.10.010
71A.10.010 Legislative finding—Intent—1988 c 176.
The legislature finds that the statutory authority for the programs, policies, and services of the department of social and
health services for persons with developmental disabilities
often lack[s] clarity and contain[s] internal inconsistencies.
In addition, existing authority is in several chapters of the
code and frequently contains obsolete language not reflecting
current use. The legislature declares that it is in the public
interest to unify and update statutes for programs, policies,
and services provided to persons with developmental disabilities.
The legislature intends to recodify the authority for the
programs, policies, and services for persons with developmental disabilities. This recodification is not intended to
affect existing programs, policies, and services, nor to establish any new program, policies, or services not otherwise
authorized before June 9, 1988. The legislature intends to
provide only those services authorized under state law before
June 9, 1988, and only to the extent funds are provided by the
legislature. [1988 c 176 § 1.]
71A.10.011
71A.10.011 Intent—1995 c 383. The legislature recognizes that the emphasis of state developmental disability services is shifting from institutional-based care to community
services in an effort to increase the personal and social inde(2004 Ed.)
pendence and fulfillment of persons with developmental disabilities, consistent with state policy as expressed in RCW
71A.10.015. It is the intent of the legislature that financial
savings achieved from program reductions and efficiencies
within the developmental disabilities program shall be redirected within the program to provide public or private community-based services for eligible persons who would otherwise be unidentified or unserved. [1995 c 383 § 1.]
71A.10.015 Declaration of policy. The legislature recognizes the capacity of all persons, including those with
developmental disabilities, to be personally and socially productive. The legislature further recognizes the state's obligation to provide aid to persons with developmental disabilities
through a uniform, coordinated system of services to enable
them to achieve a greater measure of independence and fulfillment and to enjoy all rights and privileges under the Constitution and laws of the United States and the state of Washington. [1988 c 176 § 101.]
71A.10.015
71A.10.020 Definitions. As used in this title, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Community residential support services," or "community support services," and "in-home services" means one
or more of the services listed in RCW 71A.12.040.
(2) "Department" means the department of social and
health services.
(3) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism,
or another neurological or other condition of an individual
found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates
before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which
constitutes a substantial handicap to the individual. By January 1, 1989, the department shall promulgate rules which
define neurological or other conditions in a way that is not
limited to intelligence quotient scores as the sole determinant
of these conditions, and notify the legislature of this action.
(4) "Eligible person" means a person who has been
found by the secretary under RCW 71A.16.040 to be eligible
for services.
(5) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and
maintaining life skills and to raise their levels of physical,
mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy.
(6) "Legal representative" means a parent of a person
who is under eighteen years of age, a person's legal guardian,
a person's limited guardian when the subject matter is within
71A.10.020
[Title 71A RCW—page 1]
71A.10.030
Title 71A RCW: Developmental Disabilities
the scope of the limited guardianship, a person's attorney at
law, a person's attorney in fact, or any other person who is
authorized by law to act for another person.
(7) "Notice" or "notification" of an action of the secretary means notice in compliance with RCW 71A.10.060.
(8) "Residential habilitation center" means a state-operated facility for persons with developmental disabilities governed by chapter 71A.20 RCW.
(9) "Secretary" means the secretary of social and health
services or the secretary's designee.
(10) "Service" or "services" means services provided by
state or local government to carry out this title.
(11) "Vacancy" means an opening at a residential habilitation center, which when filled, would not require the center
to exceed its biannually [biennially] budgeted capacity.
[1998 c 216 § 2; 1988 c 176 § 102.]
Effective date—1998 c 216: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 30, 1998]." [1998 c 216 § 10.]
71A.10.030
71A.10.030 Civil and parental rights not affected. (1)
The existence of developmental disabilities does not affect
the civil rights of the person with the developmental disability except as otherwise provided by law.
(2) The secretary's determination under RCW
71A.16.040 that a person is eligible for services under this
title shall not deprive the person of any civil rights or privileges. The secretary's determination alone shall not constitute
cause to declare the person to be legally incompetent.
(3) This title shall not be construed to deprive the parent
or parents of any parental rights with relation to a child residing in a residential habilitation center, except as provided in
this title for the orderly operation of such residential habilitation centers. [1988 c 176 § 103.]
71A.10.040
71A.10.040 Protection from discrimination. Persons
are protected from discrimination because of a developmental disability as well as other mental or physical handicaps by
the law against discrimination, chapter 49.60 RCW, by other
state and federal statutes, rules, and regulations, and by local
ordinances, when the persons qualify as handicapped under
those statutes, rules, regulations, and ordinances. [1988 c
176 § 104.]
71A.10.050
71A.10.050 Appeal of department actions—Right to.
(1) An applicant or recipient or former recipient of a developmental disabilities service under this title from the department of social and health services has the right to appeal the
following department actions:
(a) A denial of an application for eligibility under RCW
71A.16.040;
(b) An unreasonable delay in acting on an application for
eligibility, for a service, or for an alternative service under
RCW 71A.18.040;
(c) A denial, reduction, or termination of a service;
(d) A claim that the person owes a debt to the state for an
overpayment;
(e) A disagreement with an action of the secretary under
RCW 71A.10.060 or 71A.10.070;
[Title 71A RCW—page 2]
(f) A decision to return a resident of an [a] habilitation
center to the community; and
(g) A decision to change a person's placement from one
category of residential services to a different category of residential services.
The adjudicative proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW.
(2) This subsection applies only to an adjudicative proceeding in which the department action appealed is a decision
to return a resident of a habilitation center to the community.
The resident or his or her representative may appeal on the
basis of whether the specific placement decision is in the best
interests of the resident. When the resident or his or her representative files an application for an adjudicative proceeding
under this section the department has the burden of proving
that the specific placement decision is in the best interests of
the resident.
(3) When the department takes any action described in
subsection (1) of this section it shall give notice as provided
by RCW 71A.10.060. The notice must include a statement
advising the recipient of the right to an adjudicative proceeding and the time limits for filing an application for an adjudicative proceeding. Notice of a decision to return a resident of
a habilitation center to the community under RCW
71A.20.080 must also include a statement advising the recipient of the right to file a petition for judicial review of an
adverse adjudicative order as provided in chapter 34.05
RCW. [1989 c 175 § 138; 1988 c 176 § 105.]
Effective date—1989 c 175: See note following RCW 34.05.010.
71A.10.060
71A.10.060 Notice by secretary. (1) Whenever this
title requires the secretary to give notice, the secretary shall
give notice to the person with a developmental disability and,
except as provided in subsection (3) of this section, to at least
one other person. The other person shall be the first person
known to the secretary in the following order of priority:
(a) A legal representative of the person with a developmental disability;
(b) A parent of a person with a developmental disability
who is eighteen years of age or older;
(c) Other kin of the person with a developmental disability, with preference to persons with the closest kinship;
(d) The Washington protection and advocacy system for
the rights of persons with developmental disabilities,
appointed in compliance with 42 U.S.C. Sec. 6042; or
(e) A person who is not an employee of the department
or of a person who contracts with the department under this
title who, in the opinion of the secretary, will be concerned
with the welfare of the person.
(2) Notice to a person with a developmental disability
shall be given in a way that the person is best able to understand. This can include reading or explaining the materials to
the person.
(3) A person with a developmental disability may in
writing request the secretary to give notice only to that person. The secretary shall comply with that direction unless the
secretary denies the request because the person may be at risk
of losing rights if the secretary complies with the request. The
secretary shall give notice as provided in subsections (1) and
(2) of this section. On filing an application with the secretary
(2004 Ed.)
General Provisions
within thirty days of receipt of the notice, the person who
made the request has the right to an adjudicative proceeding
under RCW 71A.10.050 on the secretary's decision.
(4) The giving of notice to a person under this title does
not empower the person who is given notice to take any
action or give any consent. [1989 c 175 § 139; 1988 c 176 §
106.]
Effective date—1989 c 175: See note following RCW 34.05.010.
71A.10.070
71A.10.070 Secretary's duty to consult. (1) Whenever
this title places on the secretary the duty to consult, the secretary shall carry out that duty by consulting with the person
with a developmental disability and, except as provided in
subsection (2) of this section, with at least one other person.
The other person shall be in order of priority:
(a) A legal representative of the person with a developmental disability;
(b) A parent of a person with a developmental disability
who is eighteen years of age or older;
(c) Other kin of the person with a developmental disability, with preference to persons with the closest kinship;
(d) The Washington protection and advocacy system for
the rights of persons with developmental disabilities,
appointed in compliance with 42 U.S.C. Sec. 6042; or
(e) Any other person who is not an employee of the
department or of a person who contracts with the department
under this title who, in the opinion of the secretary, will be
concerned with the welfare of the person.
(2) A person with a developmental disability may in
writing request the secretary to consult only with that person.
The secretary shall comply with that direction unless the secretary denies the request because the person may be at risk of
losing rights if the secretary complies with the request. The
secretary shall give notice as provided in RCW 71A.10.060
when a request is denied. On filing an application with the
secretary within thirty days of receipt of the notice, the person who made the request has the right to an adjudicative proceeding under RCW 71A.10.050 on the secretary's decision.
(3) Consultation with a person under this section does
not authorize the person who is consulted to take any action
or give any consent. [1989 c 175 § 140; 1988 c 176 § 107.]
71A.10.902
(2) The agency designated under subsection (1) of this
section shall implement a program for the protection and
advocacy of the rights of mentally ill persons pursuant to the
protection and advocacy for mentally ill individuals act of
1986, 100 Stat. 478; 42 U.S.C. Secs. 10801-10851 (1986), (as
amended). The designated agency shall have the authority to
pursue legal, administrative, and other appropriate remedies
to protect the rights of mentally ill persons and to investigate
allegations of abuse or neglect of mentally ill persons. The
designated agency shall be independent of any state agency
that provides treatment or services other than advocacy services to mentally ill persons.
(3) The governor shall designate an appropriate state
official to serve as liaison between the agency designated to
implement the protection and advocacy programs and the
state departments and agencies that provide services to persons with developmental disabilities and mentally ill persons.
[1991 c 333 § 1.]
71A.10.800
71A.10.800 Application of Title 71A RCW to matters
pending as of June 9, 1988. Except as provided in RCW
71A.10.901, this title shall govern:
(1) The continued provision of services to persons with
developmental disabilities who are receiving services on June
9, 1988.
(2) The disposition of hearings, lawsuits, or appeals that
are pending on June 9, 1988.
(3) All other questions or matters covered by this title,
from June 9, 1988. [1988 c 176 § 1008.]
71A.10.805
71A.10.805 Headings in Title 71A RCW not part of
law. Title headings, chapter headings, and section headings
used in this title do not constitute any part of the law. [1988
c 176 § 1002.]
71A.10.900
71A.10.900 Severability—1988 c 176. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1988 c 176 § 1003.]
Effective date—1989 c 175: See note following RCW 34.05.010.
71A.10.901
71A.10.080
71A.10.080 Governor to designate an agency to
implement a program for protection and advocacy of the
rights of persons with developmental disabilities and
mentally ill persons—Authority of designated agency—
Liaison with state agencies. (1) The governor shall designate an agency to implement a program for the protection and
advocacy of the rights of persons with developmental disabilities pursuant to the developmentally disabled assistance and
bill of rights act, 89 Stat. 486; 42 U.S.C. Secs. 6000-6083
(1975), (as amended). The designated agency shall have the
authority to pursue legal, administrative, and other appropriate remedies to protect the rights of the developmentally disabled and to investigate allegations of abuse and neglect. The
designated agency shall be independent of any state agency
that provides treatment or services other than advocacy services to persons with developmental disabilities.
(2004 Ed.)
71A.10.901 Saving—1988 c 176. The repeals made by
sections 1005 through 1007, chapter 176, Laws of 1988, shall
not be construed as affecting any existing right, status, or eligibility for services acquired under the provisions of the statutes repealed, nor as affecting the validity of any rule or order
promulgated under the prior statutes, nor as affecting the status of any person appointed or employed under the prior statutes. [1988 c 176 § 1004.]
71A.10.902
71A.10.902 Continuation of existing law—1988 c
176. Insofar as provisions of this title are substantially the
same as provisions of the statutes repealed by sections 1005,
1006, and 1007, chapter 176, Laws of 1988, the provisions of
this title shall be construed as restatements and continuations
of the prior law, and not as new enactments. [1988 c 176 §
1001.]
[Title 71A RCW—page 3]
Chapter 71A.12
Chapter 71A.12
Title 71A RCW: Developmental Disabilities
Chapter 71A.12 RCW
STATE SERVICES
34.05 RCW, as are appropriate to carry out this title. [1988 c
176 § 203.]
Sections
71A.12.040
71A.12.010
71A.12.020
71A.12.030
71A.12.040
71A.12.050
71A.12.060
71A.12.070
71A.12.080
71A.12.090
71A.12.100
71A.12.110
71A.12.120
71A.12.130
71A.12.140
71A.12.150
State and local program—Coordination—Continuum.
Objectives of program.
General authority of secretary—Rule adoption.
Authorized services.
Payments for nonresidential services.
Payment authorized for residents in community residential
programs.
Payments under RCW 71A.12.060 supplemental to payments
from other resources—Direct payments.
Rules.
Eligibility of parent for services.
Other services.
Authority to contract for services.
Authority to participate in federal programs.
Gifts—Acceptance, use, record.
Duties of state agencies generally.
Contracts with United States and other states for developmental disability services.
71A.12.010 State and local program—Coordination—Continuum. It is declared to be the policy of the state
to authorize the secretary to develop and coordinate state services for persons with developmental disabilities; to encourage research and staff training for state and local personnel
working with persons with developmental disabilities; and to
cooperate with communities to encourage the establishment
and development of services to persons with developmental
disabilities through locally administered and locally controlled programs.
The complexities of developmental disabilities require
the services of many state departments as well as those of the
community. Services should be planned and provided as a
part of a continuum. A pattern of facilities and services
should be established, within appropriations designated for
this purpose, which is sufficiently complete to meet the needs
of each person with a developmental disability regardless of
age or degree of handicap, and at each stage of the person's
development. [1988 c 176 § 201.]
71A.12.010
71A.12.020 Objectives of program. (1) To the extent
that state, federal, or other funds designated for services to
persons with developmental disabilities are available, the
secretary shall provide every eligible person with habilitative
services suited to the person's needs, regardless of age or
degree of developmental disability.
(2) The secretary shall provide persons who receive services with the opportunity for integration with nonhandicapped and less handicapped persons to the greatest extent
possible.
(3) The secretary shall establish minimum standards for
habilitative services. Consumers, advocates, service providers, appropriate professionals, and local government agencies
shall be involved in the development of the standards. [1988
c 176 § 202.]
71A.12.020
71A.12.030 General authority of secretary—Rule
adoption. The secretary is authorized to provide, or arrange
with others to provide, all services and facilities that are necessary or appropriate to accomplish the purposes of this title,
and to take all actions that are necessary or appropriate to
accomplish the purposes of this title. The secretary shall
adopt rules under the administrative procedure act, chapter
71A.12.040 Authorized services. Services that the secretary may provide or arrange with others to provide under
this title include, but are not limited to:
(1) Architectural services;
(2) Case management services;
(3) Early childhood intervention;
(4) Employment services;
(5) Family counseling;
(6) Family support;
(7) Information and referral;
(8) Health services and equipment;
(9) Legal services;
(10) Residential services and support;
(11) Respite care;
(12) Therapy services and equipment;
(13) Transportation services; and
(14) Vocational services. [1988 c 176 § 204.]
71A.12.050
71A.12.050 Payments for nonresidential services.
The secretary may make payments for nonresidential services
which exceed the cost of caring for an average individual at
home, and which are reasonably necessary for the care, treatment, maintenance, support, and training of persons with
developmental disabilities, upon application pursuant to
RCW 71A.18.050. The secretary shall adopt rules determining the extent and type of care and training for which the
department will pay all or a portion of the costs. [1988 c 176
§ 205.]
71A.12.060
71A.12.060 Payment authorized for residents in
community residential programs. The secretary is authorized to pay for all or a portion of the costs of care, support,
and training of residents of a residential habilitation center
who are placed in community residential programs under this
section and RCW 71A.12.070 and 71A.12.080. [1988 c 176
§ 206.]
71A.12.070
71A.12.070 Payments under RCW 71A.12.060 supplemental to payments from other resources—Direct
payments. All payments made by the secretary under RCW
71A.12.060 shall, insofar as reasonably possible, be supplementary to payments to be made for the costs of care, support, and training in a community residential program by the
estate of such resident of the residential habilitation center, or
from any resource which such resident may have, or become
entitled to, from any public, federal, or state agency. Payments by the secretary under this title may, in the secretary's
discretion, be paid directly to community residential programs, or to counties having created developmental disability
boards under chapter 71A.14 RCW. [1988 c 176 § 207.]
71A.12.030
[Title 71A RCW—page 4]
71A.12.080
71A.12.080 Rules. (1) The secretary shall adopt rules
concerning the eligibility of residents of residential habilitation centers for placement in community residential programs
under this title; determination of ability of such persons or
their estates to pay all or a portion of the cost of care, support,
and training; the manner and method of licensing or certifica(2004 Ed.)
State Services
tion and inspection and approval of such community residential programs for placement under this title; and procedures
for the payment of costs of care, maintenance, and training in
community residential programs. The rules shall include
standards for care, maintenance, and training to be met by
such community residential programs.
(2) The secretary shall coordinate state activities and
resources relating to placement in community residential programs to help efficiently expend state and local resources
and, to the extent designated funds are available, create an
effective community residential program. [1988 c 176 §
208.]
71A.12.090
71A.12.090 Eligibility of parent for services. If a person with developmental disabilities is the parent of a child
who is about to be placed for adoption or foster care by the
secretary, the parent shall be eligible to receive services in
order to promote the integrity of the family unit. [1988 c 176
§ 209.]
71A.12.150
state or by local government to provide more adequate services for and habilitation of persons with developmental disabilities. [1988 c 176 § 212.]
71A.12.130
71A.12.130 Gifts—Acceptance, use, record. The secretary may receive and accept from any person, organization,
or estate gifts of money or personal property on behalf of a
residential habilitation center, or the residents therein, or on
behalf of the entire program for persons with developmental
disabilities, or any part of the program, and to use the gifts for
the purposes specified by the donor where such use is consistent with law. In the absence of a specified purpose, the secretary shall use such money or personal property for the general benefit of persons with developmental disabilities. The
secretary shall keep an accurate record of the amount or kind
of gift, the date received, manner expended, and the name
and address of the donor. Any increase resulting from such
gift may be used for the same purpose as the original gift.
[1988 c 176 § 213.]
71A.12.100
71A.12.100 Other services. Consistent with the general powers of the secretary and whether or not a particular
person with a developmental disability is involved, the secretary may:
(1) Provide information to the public on developmental
disabilities and available services;
(2) Engage in research concerning developmental disabilities and the habilitation of persons with developmental
disabilities, and cooperate with others who do such research;
(3) Provide consultant services to public and private
agencies to promote and coordinate services to persons with
developmental disabilities;
(4) Provide training for persons in state or local governmental agencies or with private entities who come in contact
with persons with developmental disabilities or who have a
role in the care or habilitation of persons with developmental
disabilities. [1988 c 176 § 210.]
71A.12.110
71A.12.110 Authority to contract for services. (1)
The secretary may enter into agreements with any person,
corporation, or governmental entity to pay the contracting
party to perform services that the secretary is authorized to
provide under this title, except for operation of residential
habilitation centers under chapter 71A.20 RCW.
(2) The secretary by contract or by rule may impose standards for services contracted for by the secretary. [1988 c
176 § 211.]
71A.12.120
71A.12.120 Authority to participate in federal programs. (1) The governor may take whatever action is necessary to enable the state to participate in the manner set forth
in this title in any programs provided by any federal law and
to designate state agencies authorized to administer within
this state the several federal acts providing federal moneys to
assist in providing services and training at the state or local
level for persons with developmental disabilities and for persons who work with persons with developmental disabilities.
(2) Designated state agencies may apply for and accept
and disburse federal grants, matching funds, or other funds or
gifts or donations from any source available for use by the
(2004 Ed.)
71A.12.140
71A.12.140 Duties of state agencies generally. Each
state agency that administers federal or state funds for services to persons with developmental disabilities, or for
research or staff training in the field of developmental disabilities, shall:
(1) Investigate and determine the nature and extent of
services within its legal authority that are presently available
to persons with developmental disabilities in this state;
(2) Develop and prepare any state plan or application
which may be necessary to establish the eligibility of the state
or any community to participate in any program established
by the federal government relating to persons with developmental disabilities;
(3) Cooperate with other state agencies providing services to persons with developmental disabilities to determine
the availability of services and facilities within the state, and
to coordinate state and local services in order to maximize
services to persons with developmental disabilities and their
families;
(4) Review and approve any proposed plans that local
governments are required to submit for the expenditure of
funds by local governments for services to persons with
developmental disabilities; and
(5) Provide consultant and staff training for state and
local personnel working in the field of developmental disability. [1988 c 176 § 214.]
71A.12.150
71A.12.150 Contracts with United States and other
states for developmental disability services. The secretary
shall have the authority, in the name of the state, to enter into
contracts with any duly authorized representative of the
United States of America, or its territories, or other states for
the provision of services under this title at the expense of the
United States, its territories, or other states. The contracts
may provide for the separate or joint maintenance, care, treatment, training, or education of persons. The contracts shall
provide that all payments due to the state of Washington from
the United States, its territories, or other states for services
rendered under the contracts shall be paid to the department
[Title 71A RCW—page 5]
Chapter 71A.14
Title 71A RCW: Developmental Disabilities
and transmitted to the state treasurer for deposit in the general
fund. [1988 c 176 § 215.]
Chapter 71A.14
Chapter 71A.14 RCW
LOCAL SERVICES
for state funds to be used for the work of the board in coordinating and providing services to persons with developmental
disabilities and their families. An application for state funds
shall be made by the board with the approval of the county
governing authority, or by the county governing authority on
behalf of the board. [1988 c 176 § 303.]
Sections
71A.14.040
71A.14.010 Coordinated and comprehensive state and local program.
71A.14.020 County developmental disability boards—Composition—
Expenses.
71A.14.030 County authorities—State fund eligibility—Rules—Application.
71A.14.040 Applications for state funds—Review—Approval—Rules.
71A.14.050 Services to community may be required.
71A.14.060 Local authority to provide services.
71A.14.070 Confidentiality of information—Oath.
71A.14.080 Local authority to receive and spend funds.
71A.14.090 Local authority to participate in federal programs.
71A.14.100 Funds from tax levy under RCW 71.20.110.
71A.14.110 Contracts by boundary counties or cities in boundary counties.
71A.14.040 Applications for state funds—Review—
Approval—Rules. The secretary shall review the applications from the county governing authority made under RCW
71A.14.030. The secretary may approve an application if it
meets the requirements of this chapter and the rules promulgated by the secretary. The secretary shall promulgate rules
to assist in determining the amount of the grant. In promulgating the rules, the secretary shall consider the population of
the area served, the needs of the area, and the ability of the
community to provide funds for the developmental disability
program provided in this title. [1988 c 176 § 304.]
71A.14.010
71A.14.010 Coordinated and comprehensive state
and local program. The legislative policy to provide a coordinated and comprehensive state and local program of services for persons with developmental disability is expressed
in RCW 71A.12.010. [1988 c 176 § 301.]
71A.14.020
71A.14.020 County developmental disability
boards—Composition—Expenses. (1) The county governing authority of any county may appoint a developmental disability board to plan services for persons with developmental
disabilities, to provide directly or indirectly a continuum of
care and services to persons with developmental disabilities
within the county or counties served by the community
board. The governing authorities of more than one county by
joint action may appoint a single developmental disability
board. Nothing in this section shall prohibit a county or counties from combining the developmental disability board with
another county board, such as a mental health board.
(2) Members appointed to the board shall include but not
be limited to representatives of public, private, or voluntary
agencies, representatives of local governmental units, and citizens knowledgeable about developmental disabilities or
interested in services to persons with developmental disabilities in the community.
(3) The board shall consist of not less than nine nor more
than fifteen members.
(4) Members shall be appointed for terms of three years
and until their successors are appointed and qualified.
(5) The members of the developmental disability board
shall not be compensated for the performance of their duties
as members of the board, but may be paid subsistence rates
and mileage in the amounts prescribed by RCW 42.24.090.
[1988 c 176 § 302.]
71A.14.030
71A.14.030 County authorities—State fund eligibility—Rules—Application. Pursuant to RCW 71A.14.040
the secretary shall work with the county governing authorities and developmental disability boards who apply for state
funds to coordinate and provide local services for persons
with developmental disabilities and their families. The secretary is authorized to promulgate rules establishing the eligibility of each county and the developmental disability board
[Title 71A RCW—page 6]
71A.14.050
71A.14.050 Services to community may be required.
The department may require by rule that in order to be eligible for state funds, the county and the developmental disability board shall provide the following indirect services to the
community:
(1) Serve as an informational and referral agency within
the community for persons with developmental disabilities
and their families;
(2) Coordinate all local services for persons with developmental disabilities and their families to insure the maximum utilization of all available services;
(3) Prepare comprehensive plans for present and future
development of services and for reasonable progress toward
the coordination of all local services to persons with developmental disabilities. [1988 c 176 § 305.]
71A.14.060
71A.14.060 Local authority to provide services. The
secretary by rule may authorize the county and the developmental disability board to provide any service for persons
with developmental disabilities that the department is authorized to provide, except for operating residential habilitation
centers under chapter 71A.20 RCW. [1988 c 176 § 306.]
71A.14.070
71A.14.070 Confidentiality of information—Oath.
In order for the developmental disability board to plan, coordinate, and provide required services for persons with developmental disabilities, the county governing authority and the
board shall be eligible to obtain such confidential information
from public or private schools and the department as is necessary to accomplish the purposes of this chapter. Such information shall be kept in accordance with state law and rules
promulgated by the secretary under chapter 34.05 RCW to
permit the use of the information to coordinate and plan services. All persons permitted to have access to or to use such
information shall sign an oath of confidentiality, substantially
as follows:
"As a condition of obtaining information from (fill in
facility, agency, or person) I, . . . . . ., agree not to divulge,
publish, or otherwise make known to unauthorized persons or
the public any information obtained in the course of using
such confidential information, where release of such infor(2004 Ed.)
Eligibility for Services
mation may possibly make the person who received such services identifiable. I recognize that unauthorized release of
confidential information may subject me to civil liability
under state law."
[1988 c 176 § 307.]
71A.14.080
71A.14.080 Local authority to receive and spend
funds. The county governing authority and the developmental disability board created under RCW 71A.14.020 are
authorized to receive and spend funds received from the state
under this chapter, or any federal funds received through any
state agency, or any gifts or donations received by it for the
benefit of persons with developmental disabilities. [1988 c
176 § 308.]
71A.14.090
71A.14.090 Local authority to participate in federal
programs. RCW 71A.12.120 authorizes local governments
to participate in federal programs for persons with developmental disabilities. [1988 c 176 § 309.]
71A.14.100
71A.14.100 Funds from tax levy under RCW
71.20.110. Counties are authorized by RCW 71.20.110 to
fund county activities under this chapter. Expenditures of
county funds under this chapter shall be subject to the provisions of chapter 36.40 RCW and other statutes relating to
expenditures by counties. [1988 c 176 § 310.]
71A.14.110
71A.14.110 Contracts by boundary counties or cities
in boundary counties. Any county or city within a county
either of which is situated on the state boundaries is authorized to contract for developmental disability services with a
county situated in either the states of Oregon or Idaho, which
county is located on boundaries with the state of Washington.
[1988 c 176 § 311.]
Chapter 71A.16
Chapter 71A.16 RCW
ELIGIBILITY FOR SERVICES
Sections
71A.16.010
71A.16.020
71A.16.030
71A.16.040
71A.16.050
71A.16.010
Referral for services—Admittance to residential habilitation
centers—Expiration of subsections.
Eligibility for services—Rules.
Outreach program—Determination of eligibility for services—Application.
Determination of eligibility—Notice—Rules for redetermination.
Determination of eligibility—Effect—Determination of
appropriate services.
71A.16.010 Referral for services—Admittance to
residential habilitation centers—Expiration of subsections. (1) It is the intention of the legislature in this chapter
to establish a single point of referral for persons with developmental disabilities and their families so that they may have
a place of entry and continuing contact for services authorized under this title to persons with developmental disabilities. Eligible persons with developmental disabilities,
whether they live in the community or residential habilitation
centers, should have the opportunity to choose where they
live.
(2004 Ed.)
71A.16.030
(2) Until June 30, 2003, and subject to subsection (3) of
this section, if there is a vacancy in a residential habilitation
center, the department shall offer admittance to the center to
any eligible adult, or eligible adolescent on an exceptional
case-by-case basis, with developmental disabilities if his or
her assessed needs require the funded level of resources that
are provided by the center.
(3) The department shall not offer a person admittance to
a residential habilitation center under subsection (2) of this
section unless the department also offers the person appropriate community support services listed in RCW 71A.12.040.
(4) Community support services offered under subsection (3) of this section may only be offered using funds specifically designated for this purpose in the state operating
budget. When these funds are exhausted, the department may
not offer admittance to a residential habilitation center, or
community support services under this section.
(5) Nothing in this section shall be construed to create an
entitlement to state services for persons with developmental
disabilities.
(6) Subsections (2) through (6) of this section expire
June 30, 2003. [1998 c 216 § 3; 1988 c 176 § 401.]
Effective date—1998 c 216: See note following RCW 71A.10.020.
71A.16.020
71A.16.020 Eligibility for services—Rules. (1) A person is eligible for services under this title if the secretary
finds that the person has a developmental disability as
defined in *RCW 71A.10.020(2).
(2) The secretary may adopt rules further defining and
implementing the criteria in the definition of "developmental
disability" under *RCW 71A.10.020(2). [1988 c 176 § 402.]
*Reviser's note: RCW 71A.10.020 was amended by 1998 c 216 § 2,
changing subsection (2) to subsection (3).
71A.16.030
71A.16.030 Outreach program—Determination of
eligibility for services—Application. (1) The department
will develop an outreach program to ensure that any eligible
person with developmental disabilities services in homes, the
community, and residential habilitation centers will be made
aware of these services. This subsection (1) expires June 30,
2003.
(2) The secretary shall establish a single procedure for
persons to apply for a determination of eligibility for services
provided to persons with developmental disabilities.
(3) Until June 30, 2003, the procedure set out under subsection (1) of this section must require that all applicants and
all persons with developmental disabilities currently receiving services from the division of developmental disabilities
within the department be given notice of the existence and
availability of residential habilitation center and community
support services. For genuine choice to exist, people must
know what the options are. Available options must be clearly
explained, with services customized to fit the unique needs
and circumstances of developmentally disabled clients and
their families. Choice of providers and design of services and
supports will be determined by the individual in conjunction
with the department. When the person cannot make these
choices, the person's legal guardian may make them, consistent with chapter 11.88 or 11.92 RCW. This subsection
expires June 30, 2003.
[Title 71A RCW—page 7]
71A.16.040
Title 71A RCW: Developmental Disabilities
(4) An application may be submitted by a person with a
developmental disability, by the legal representative of a person with a developmental disability, or by any other person
who is authorized by rule of the secretary to submit an application. [1998 c 216 § 4; 1988 c 176 § 403.]
Effective date—1998 c 216: See note following RCW 71A.10.020.
71A.16.040
71A.16.040 Determination of eligibility—Notice—
Rules for redetermination. (1) On receipt of an application
for services submitted under RCW 71A.16.030, the secretary
in a timely manner shall make a written determination as to
whether the applicant is eligible for services provided under
this title for persons with developmental disabilities.
(2) The secretary shall give notice of the secretary's
determination on eligibility to the person who submitted the
application and to the applicant, if the applicant is a person
other than the person who submitted the application for services. The notice shall also include a statement advising the
recipient of the right to an adjudicative proceeding under
RCW 71A.10.050 and the right to judicial review of the secretary's final decision.
(3) The secretary may establish rules for redetermination
of eligibility for services under this title. [1989 c 175 § 141;
1988 c 176 § 404.]
Effective date—1989 c 175: See note following RCW 34.05.010.
71A.16.050
71A.16.050 Determination of eligibility—Effect—
Determination of appropriate services. The determination
made under this chapter is only as to whether a person is eligible for services. After the secretary has determined under
this chapter that a person is eligible for services, the secretary
shall make a determination as to what services are appropriate for the person. [1988 c 176 § 405.]
Chapter 71A.18
Chapter 71A.18 RCW
SERVICE DELIVERY
Sections
71A.18.010
71A.18.020
71A.18.030
71A.18.040
Individual service plans.
Services provided if funds available.
Rejection of service.
Alternative service—Application—Determination—Reauthorization—Notice.
71A.18.050 Discontinuance of a service.
71A.18.010
71A.18.010 Individual service plans. The secretary
may produce and maintain an individual service plan for each
eligible person. An individual service plan is a plan that identifies the needs of a person for services and determines what
services will be in the best interests of the person and will
meet the person's needs. [1988 c 176 § 501.]
71A.18.020
71A.18.020 Services provided if funds available. The
secretary may provide a service to a person eligible under this
title if funds are available. If there is an individual service
plan, the secretary shall consider the need for services as provided in that plan. [1988 c 176 § 601.]
71A.18.030
71A.18.030 Rejection of service. An eligible person or
the person's legal representative may reject an authorized service. Rejection of an authorized service shall not affect the
[Title 71A RCW—page 8]
person's eligibility for services and shall not eliminate the
person from consideration for other services or for the same
service at a different time or under different circumstances.
[1988 c 176 § 602.]
71A.18.040
71A.18.040 Alternative service—Application—
Determination—Reauthorization—Notice. (1) A person
who is receiving a service under this title or the person's legal
representative may request the secretary to authorize a service that is available under this title in place of a service that
the person is presently receiving.
(2) The secretary upon receiving a request for change of
service shall consult in the manner provided in RCW
71A.10.070 and within ninety days shall determine whether
the following criteria are met:
(a) The alternative plan proposes a less dependent program than the person is participating in under current service;
(b) The alternative service is appropriate under the goals
and objectives of the person's individual service plan;
(c) The alternative service is not in violation of applicable state and federal law; and
(d) The service can reasonably be made available.
(3) If the requested alternative service meets all of the
criteria of subsection (2) of this section, the service shall be
authorized as soon as reasonable, but not later than one hundred twenty days after completion of the determination process, unless the secretary determines that:
(a) The alternative plan is more costly than the current
plan;
(b) Current appropriations are not sufficient to implement the alternative service without reducing services to
existing clients; or
(c) Providing alternative service would take precedence
over other priorities for delivery of service.
(4) The secretary shall give notice as provided in RCW
71A.10.060 of the grant of a request for a change of service.
The secretary shall give notice as provided in RCW
71A.10.060 of denial of a request for change of service and of
the right to an adjudicative proceeding.
(5) When the secretary has changed service from a residential habilitation center to a setting other than a residential
habilitation center, the secretary shall reauthorize service at
the residential habilitation center if the secretary in reevaluating the needs of the person finds that the person needs service
in a residential habilitation center.
(6) If the secretary determines that current appropriations are sufficient to deliver additional services without
reducing services to persons who are presently receiving services, the secretary is authorized to give persons notice under
RCW 71A.10.060 that they may request the services as new
services or as changes of services under this section. [1989 c
175 § 142; 1988 c 176 § 603.]
Effective date—1989 c 175: See note following RCW 34.05.010.
71A.18.050
71A.18.050 Discontinuance of a service. (1) When
considering the discontinuance of a service that is being provided to a person, the secretary shall consult as required in
RCW 71A.10.070.
(2) The discontinuance of a service under this section
does not affect the person's eligibility for services. Other ser(2004 Ed.)
Residential Habilitation Centers
vices may be provided or the same service may be restored
when it is again available or when it is again needed.
(3) Except when the service is discontinued at the
request of the person receiving the service or that person's
legal representative, the secretary shall give notice as
required in RCW 71A.10.060. [1988 c 176 § 604.]
Chapter 71A.20 RCW
RESIDENTIAL HABILITATION CENTERS
71A.20.070
that are surplus to the needs of the department for mentally ill
persons and that are reasonably necessary and adequate for
services for persons with developmental disabilities. The secretary shall also designate those buildings, equipment, and
facilities which are to be used jointly and mutually by both
Eastern State Hospital and Interlake School. [1988 c 176 §
703.]
Chapter 71A.20
Sections
71A.20.010
71A.20.020
71A.20.030
71A.20.040
71A.20.050
71A.20.060
71A.20.070
71A.20.080
71A.20.090
71A.20.100
71A.20.110
71A.20.120
71A.20.130
71A.20.140
71A.20.150
71A.20.800
Scope of chapter.
Residential habilitation centers.
Facilities for Interlake School.
Use of Harrison Memorial Hospital property.
Superintendents—Secretary's custody of residents.
Work programs for residents.
Educational programs.
Return of resident to community—Notice—Adjudicative
proceeding—Judicial review—Effect of appeal.
Secretary to determine capacity of residential quarters.
Personal property of resident—Secretary as custodian—Limitations—Judicial proceedings to recover.
Clothing for residents—Cost.
Financial responsibility.
Death of resident, payment of funeral expenses—Limitation.
Resident desiring to leave center—Authority to hold resident
limited.
Admission to residential habilitation center for observation.
Chapter to be liberally construed.
71A.20.010 Scope of chapter. This chapter covers the
operation of residential habilitation centers. The selection of
persons to be served at the centers is governed by chapters
71A.16 and 71A.18 RCW. The purposes of this chapter are:
To provide for those children and adults who are exceptional
in their needs for care, treatment, and education by reason of
developmental disabilities, residential care designed to
develop their individual capacities to their optimum; to provide for admittance, withdrawal and discharge from state residential habilitation centers upon application; and to insure a
comprehensive program for the education, guidance, care,
treatment, and rehabilitation of all persons admitted to residential habilitation centers. [1988 c 176 § 701.]
71A.20.010
71A.20.040
71A.20.040 Use of Harrison Memorial Hospital
property. The secretary may under RCW 72.29.010 use the
Harrison Memorial Hospital property at Bremerton, Kitsap
county, for services to persons with developmental disabilities. [1988 c 176 § 704.]
71A.20.050
71A.20.050 Superintendents—Secretary's custody of
residents. (1) The secretary shall appoint a superintendent
for each residential habilitation center. The superintendent of
a residential habilitation center shall have a demonstrated history of knowledge, understanding, and compassion for the
needs, treatment, and training of persons with developmental
disabilities.
(2) The secretary shall have custody of all residents of
the residential habilitation centers and control of the medical,
educational, therapeutic, and dietetic treatment of all residents, except that the school district that conducts the program of education provided pursuant to RCW 28A.190.030
through 28A.190.050 shall have control of and joint custody
of residents while they are participating in the program. The
secretary shall cause surgery to be performed on any resident
only upon gaining the consent of a parent, guardian, or limited guardian as authorized, except, if after reasonable effort
to locate the parents, guardian, or limited guardian as authorized, and the health of the resident is certified by the attending physician to be jeopardized unless such surgery is performed, the required consent shall not be necessary. [1990 c
33 § 589; 1988 c 176 § 705.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
71A.20.060
71A.20.020 Residential habilitation centers. The following residential habilitation centers are permanently established to provide services to persons with developmental disabilities: Lakeland Village, located at Medical Lake, Spokane county; Rainier School, located at Buckley, Pierce
county; Yakima Valley School, located at Selah, Yakima
county; Fircrest School, located at Seattle, King county; and
Frances Haddon Morgan Children's Center, located at
Bremerton, Kitsap county. [1994 c 215 § 1; 1988 c 176 §
702.]
71A.20.020
Effective date—1994 c 215: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 1, 1994]." [1994 c 215 § 3.]
71A.20.030 Facilities for Interlake School. (1) The
secretary may use surplus physical facilities at Eastern State
Hospital as a residential habilitation center, which shall be
known as the "Interlake School."
(2) The secretary may designate and select such buildings and facilities and tracts of land at Eastern State Hospital
71A.20.030
(2004 Ed.)
71A.20.060 Work programs for residents. The secretary shall have authority to engage the residents of a residential habilitation center in beneficial work programs, but the
secretary shall not engage residents in excessive hours of
work or work for disciplinary purposes. [1988 c 176 § 706.]
71A.20.070
71A.20.070 Educational programs. (1) An educational program shall be created and maintained for each residential habilitation center pursuant to RCW 28A.190.030
through 28A.190.050. The educational program shall provide
a comprehensive program of academic, vocational, recreational, and other educational services best adapted to meet
the needs and capabilities of each resident.
(2) The superintendent of public instruction shall assist
the secretary in all feasible ways, including financial aid, so
that the educational programs maintained within the residential habilitation centers are comparable to the programs advocated by the superintendent of public instruction for children
with similar aptitudes in local school districts.
(3) Within available resources, the secretary shall, upon
request from a local school district, provide such clinical,
[Title 71A RCW—page 9]
71A.20.080
Title 71A RCW: Developmental Disabilities
counseling, and evaluating services as may assist the local
district lacking such professional resources in determining
the needs of its exceptional children. [1990 c 33 § 590; 1988
c 176 § 707.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
71A.20.080
71A.20.080 Return of resident to community—
Notice—Adjudicative proceeding—Judicial review—
Effect of appeal. Whenever in the judgment of the secretary,
the treatment and training of any resident of a residential
habilitation center has progressed to the point that it is
deemed advisable to return such resident to the community,
the secretary may grant placement on such terms and conditions as the secretary may deem advisable after consultation
in the manner provided in RCW 71A.10.070. The secretary
shall give written notice of the decision to return a resident to
the community as provided in RCW 71A.10.060. The notice
must include a statement advising the recipient of the right to
an adjudicative proceeding under RCW 71A.10.050 and the
time limits for filing an application for an adjudicative proceeding. The notice must also include a statement advising
the recipient of the right to judicial review of an adverse adjudicative order as provided in chapter 34.05 RCW.
A placement decision shall not be implemented at any
level during any period during which an appeal can be taken
or while an appeal is pending and undecided, unless authorized by court order so long as the appeal is being diligently
pursued.
The department of social and health services shall periodically evaluate at reasonable intervals the adjustment of the
resident to the specific placement to determine whether the
resident should be continued in the placement or returned to
the institution or given a different placement. [1989 c 175 §
143; 1988 c 176 § 708.]
Effective date—1989 c 175: See note following RCW 34.05.010.
71A.20.090
71A.20.090 Secretary to determine capacity of residential quarters. The secretary shall determine by the application of proper criteria the maximum number of persons to
reside in the residential quarters of each residential habilitation center. The secretary in authorizing service at a residential habilitation center shall not exceed the maximum population for the residential habilitation center unless the secretary
makes a written finding of reasons for exceeding the rated
capacity. [1988 c 176 § 709.]
71A.20.100
71A.20.100 Personal property of resident—Secretary as custodian—Limitations—Judicial proceedings to
recover. The secretary shall serve as custodian without compensation of personal property of a resident of a residential
habilitation center that is located at the residential habilitation
center, including moneys deposited with the secretary for the
benefit of the resident. As custodian, the secretary shall have
authority to disburse moneys from the resident's fund for the
following purposes and subject to the following limitations:
(1) Subject to specific instructions by a donor of money
to the secretary for the benefit of a resident, the secretary may
disburse any of the funds belonging to a resident for such per[Title 71A RCW—page 10]
sonal needs of the resident as the secretary may deem proper
and necessary.
(2) The secretary may pay to the department as reimbursement for the costs of care, support, maintenance, treatment, hospitalization, medical care, and habilitation of a resident from the resident's fund when such fund exceeds a sum
as established by rule of the department, to the extent of any
notice and finding of financial responsibility served upon the
secretary after such findings shall have become final. If the
resident does not have a guardian, parent, spouse, or other
person acting in a representative capacity, upon whom notice
and findings of financial responsibility have been served,
then the secretary shall not make payments to the department
as provided in this subsection, until a guardian has been
appointed by the court, and the time for the appeal of findings
of financial responsibility as provided in RCW 43.20B.430
shall not commence to run until the appointment of such
guardian and the service upon the guardian of notice and
findings of financial responsibility.
(3) When services to a person are changed from a residential center to another setting, the secretary shall deliver to
the person, or to the parent, guardian, or agency legally
responsible for the person, all or such portion of the funds of
which the secretary is custodian as defined in this section, or
other property belonging to the person, as the secretary may
deem necessary to the person's welfare, and the secretary may
deliver to the person such additional property or funds
belonging to the person as the secretary may from time to
time deem proper, so long as the person continues to receive
service under this title. When the resident no longer receives
any services under this title, the secretary shall deliver to the
person, or to the parent, person, or agency legally responsible
for the person, all funds or other property belonging to the
person remaining in the secretary's possession as custodian.
(4) All funds held by the secretary as custodian may be
deposited in a single fund, the receipts and expenditures from
the fund to be accurately accounted for by the secretary. All
interest accruing from, or as a result of the deposit of such
moneys in a single fund shall be credited to the personal
accounts of the residents. All expenditures under this section
shall be subject to the duty of accounting provided for in this
section.
(5) The appointment of a guardian for the estate of a resident shall terminate the secretary's authority as custodian of
any funds of the resident which may be subject to the control
of the guardianship, upon receipt by the secretary of a certified copy of letters of guardianship. Upon the guardian's
request, the secretary shall immediately forward to the guardian any funds subject to the control of the guardianship or
other property of the resident remaining in the secretary's
possession, together with a full and final accounting of all
receipts and expenditures made.
(6) Upon receipt of a written request from the secretary
stating that a designated individual is a resident of the residential habilitation center and that such resident has no
legally appointed guardian of his or her estate, any person,
bank, corporation, or agency having possession of any
money, bank accounts, or choses in action owned by such
resident, shall, if the amount does not exceed two hundred
dollars, deliver the same to the secretary as custodian and
mail written notice of the delivery to such resident at the res(2004 Ed.)
Training Centers and Homes
idential habilitation center. The receipt by the secretary shall
constitute full and complete acquittance for such payment
and the person, bank, corporation, or agency making such
payment shall not be liable to the resident or his or her legal
representative. All funds so received by the secretary shall be
duly deposited by the secretary as custodian in the resident's
fund to the personal account of the resident. If any proceeding is brought in any court to recover property so delivered,
the attorney general shall defend the lawsuit without cost to
the person, bank, corporation, or agency that delivered the
property to the secretary, and the state shall indemnify such
person, bank, corporation, or agency against any judgment
rendered as a result of such proceeding. [1988 c 176 § 710.]
71A.20.110
71A.20.110 Clothing for residents—Cost. When
clothing for a resident of a residential habilitation center is
not otherwise provided, the secretary shall provide a resident
with suitable clothing, the actual cost of which shall be a
charge against the parents, guardian, or estate of the resident.
If such parent or guardian is unable to provide or pay for the
clothing, or the estate of the resident is insufficient to provide
or pay for the clothing, the clothing shall be provided by the
state. [1988 c 176 § 711.]
71A.22.030
son eligible for services under this chapter to a residential
habilitation center for a period not to exceed thirty days for
observation prior to determination of needed services, where
such observation is necessary to determine the extent and
necessity of services to be provided. [1988 c 176 § 715.]
71A.20.800
71A.20.800 Chapter to be liberally construed. The
provisions of this chapter shall be liberally construed to
accomplish its purposes. [1988 c 176 § 716.]
Chapter 71A.22
Chapter 71A.22 RCW
TRAINING CENTERS AND HOMES
Sections
71A.22.010 Contracts for services authorized.
71A.22.020 Definitions.
71A.22.030 Payments by secretary under this chapter supplemental—Limitation.
71A.22.040 Certification of facility as day training center or group training
home.
71A.22.050 Services in day training center or group training home—
Application for payment.
71A.22.060 Facilities to be nonsectarian.
71A.22.010
71A.20.120
71A.20.120 Financial responsibility. The subject of
financial responsibility for the provision of services to persons in residential habilitation centers is covered by RCW
43.20B.410 through 43.20B.455. [1988 c 176 § 712.]
71A.20.130
71A.20.130 Death of resident, payment of funeral
expenses—Limitation. Upon the death of a resident of a
residential habilitation center, the secretary may supplement
such funds as were in the resident's account at the time of the
person's death to provide funeral and burial expense for the
deceased resident. These expenses shall not exceed funeral
and burial expenses allowed under *RCW 74.08.120. [1988
c 176 § 713.]
*Reviser's note: RCW 74.08.120 was repealed by 1997 c 58 § 1002.
71A.20.140
71A.20.140 Resident desiring to leave center—
Authority to hold resident limited. (1) If a resident of a residential habilitation center desires to leave the center and the
secretary believes that departures may be harmful to the resident, the secretary may hold the resident at the residential
habilitation center for a period not to exceed forty-eight hours
in order to consult with the person's legal representative as
provided in RCW 71A.10.070 as to the best interests of the
resident.
(2) The secretary shall adopt rules to provide for the
application of subsection (1) of this section in a manner that
protects the constitutional rights of the resident.
(3) Neither the secretary nor any person taking action
under this section shall be civilly or criminally liable for performing duties under this section if such duties were performed in good faith and without gross negligence. [1988 c
176 § 714.]
71A.20.150
71A.20.150 Admission to residential habilitation center for observation. Without committing the department to
continued provision of service, the secretary may admit a per(2004 Ed.)
71A.22.010 Contracts for services authorized. The
secretary may enter into agreements with any person or with
any person, corporation, or association operating a day training center or group training home or a combination day training center and group training home approved by the department, for the payment of all, or a portion, of the cost of the
care, treatment, maintenance, support, and training of persons
with developmental disabilities. [1988 c 176 § 801.]
71A.22.020
71A.22.020 Definitions. As used in this chapter:
(1) "Day training center" means a facility equipped,
supervised, managed, and operated at least three days per
week by any person, association, or corporation on a nonprofit basis for the day-care, treatment, training, and maintenance of persons with developmental disabilities, and
approved under this chapter and the standards under rules
adopted by the secretary.
(2) "Group training home" means a facility equipped,
supervised, managed, and operated on a full-time basis by
any person, association, or corporation on a nonprofit basis
for the full-time care, treatment, training, and maintenance of
persons with developmental disabilities, and approved under
this chapter and the standards under the rules adopted by the
secretary. [1988 c 176 § 802.]
71A.22.030
71A.22.030 Payments by secretary under this chapter supplemental—Limitation. All payments made by the
secretary under this chapter, shall be, insofar as possible, supplementary to payments to be made to a day training center or
group training home, or a combination of both, by the persons
with developmental disabilities resident in the home or center. Payments made by the secretary under this chapter shall
not exceed actual costs for the care, treatment, support, maintenance, and training of any person with a developmental disability whether at a day training center or group training
home or combination of both. [1988 c 176 § 803.]
[Title 71A RCW—page 11]
71A.22.040
Title 71A RCW: Developmental Disabilities
71A.22.040
71A.22.040 Certification of facility as day training
center or group training home. Any person, corporation, or
association may apply to the secretary for approval and certification of the applicant's facility as a day training center or a
group training home for persons with developmental disabilities, or a combination of both. The secretary may either grant
or deny certification or revoke certification previously
granted after investigation of the applicant's facilities, to
ascertain whether or not such facilities are adequate for the
care, treatment, maintenance, training, and support of persons
with developmental disabilities, under standards in rules
adopted by the secretary. Day training centers and group
training homes must meet local health and safety standards as
may be required by local health and fire-safety authorities.
[1989 c 329 § 2; 1988 c 176 § 804.]
71A.22.050
71A.22.050 Services in day training center or group
training home—Application for payment. (1) Except as
otherwise provided in this section, the provisions of this title
govern applications for payment by the state for services in a
day training center or group training home approved by the
secretary under this chapter.
(2) In determining eligibility and the amount of payment,
the secretary shall make special provision for group training
homes where parents are actively involved as a member of
the administrative board of the group training home and who
may provide for some of the services required by a resident
therein. The special provisions shall include establishing eligibility requirements for a person placed in such a group
training home to have a parent able and willing to attend
administrative board meetings and participate insofar as possible in carrying out special activities deemed by the board to
contribute to the well being of the residents.
(3) If the secretary determines that a person is eligible for
services in a day training center or group training home, the
secretary shall determine the extent and type of services to be
provided and the amount that the department will pay, based
upon the needs of the person and the ability of the parent or
the guardian to pay or contribute to the payment of the
monthly cost of the services.
(4) The secretary may, upon application of the person
who is receiving services or the person's legal representative,
after investigation of the ability or inability of such persons to
pay, or without application being made, modify the amount
of the monthly payments to be paid by the secretary for services at a day training center or group training home or combination of both. [1988 c 176 § 805.]
71A.22.060
71A.22.060 Facilities to be nonsectarian. A day training center and a group training home under this chapter shall
be a nonsectarian training center and a nonsectarian group
training home. [1988 c 176 § 806.]
[Title 71A RCW—page 12]
(2004 Ed.)
Title 72
Chapters
72.01
72.02
72.04A
72.05
72.06
72.09
72.10
72.11
72.16
72.19
72.20
72.23
72.25
72.27
72.29
72.36
72.40
72.41
72.42
72.49
72.60
72.62
72.63
72.64
72.65
72.66
72.68
72.70
72.72
72.74
72.76
72.98
72.99
Title 72
STATE INSTITUTIONS
Administration.
Adult corrections.
Probation and parole.
Children and youth services.
Mental health.
Department of corrections.
Health care services—Department of corrections.
Offenders' responsibility for legal financial
obligations.
Green Hill school.
Juvenile correctional institution in King
county.
Maple Lane school.
Public and private facilities for mentally ill.
Nonresident mentally ill, sexual psychopaths,
and psychopathic delinquents—Deportation, transportation.
Interstate compact on mental health.
Multi-use facilities for the mentally or physically handicapped or the mentally ill.
Soldiers' and veterans' homes.
State schools for blind, deaf, sensory handicapped.
Board of trustees—School for the blind.
Board of trustees—School for the deaf.
Narcotic or dangerous drugs—Treatment and
rehabilitation.
Correctional industries.
Vocational education programs.
Prison work programs—Fish and game.
Labor and employment of prisoners.
Work release program.
Furloughs for prisoners.
Transfer, removal, transportation—Detention
contracts.
Western interstate corrections compact.
Criminal behavior of residents of institutions.
Interstate Corrections Compact.
Intrastate Corrections Compact.
Construction.
State building construction act.
Veterans affairs, powers and duties concerning transferred to department of
veterans affairs: RCW 43.60A.020.
Youth development and conservation corps: Chapter 79A.05 RCW.
Chapter 72.01
Sections
72.01.010
72.01.042
72.01.043
72.01.045
72.01.050
72.01.060
72.01.090
72.01.110
72.01.120
72.01.130
72.01.140
72.01.142
72.01.150
72.01.180
72.01.190
72.01.200
72.01.210
72.01.220
72.01.230
72.01.240
72.01.260
72.01.270
72.01.280
72.01.282
72.01.290
72.01.300
72.01.310
72.01.320
72.01.365
72.01.370
72.01.375
72.01.380
72.01.410
Alcoholism, intoxication, and drug addiction treatment: Chapter 70.96A
RCW.
Central stores: RCW 43.19.1921, 43.19.1923.
72.01.415
County hospitals: Chapter 36.62 RCW.
Educational programs for residential school residents: RCW 28A.190.020
through 28A.190.060.
Jurisdiction over Indians concerning mental illness: Chapter 37.12 RCW.
72.01.450
Mental illness—Financial responsibility: Chapter 71.02 RCW.
72.01.458
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
72.01.460
Rehabilitation services for individuals with disabilities: Chapter 74.29
RCW.
State institutions: State Constitution Art. 13.
Uniform interstate compact on juveniles: Chapter 13.24 RCW.
(2004 Ed.)
Chapter 72.01 RCW
ADMINISTRATION
72.01.430
72.01.452
72.01.454
72.01.480
72.01.490
Powers and duties apply to department of social and health services and department of corrections—Joint exercise authorized.
Hours of labor for full time employees—Compensatory
time—Premium pay.
Hours of labor for full time employees—Certain personnel
excepted.
Assaults to employees—Reimbursement for costs.
Secretary's powers and duties—Management of public institutions and correctional facilities.
Chief executive officers—Appointment—Salaries—Assistants.
Rules and regulations.
Construction or repair of buildings—Contracts or inmate
labor.
Construction or repair of buildings—Award of contracts.
Destruction of buildings—Reconstruction.
Agricultural and farm activities.
Transfer of dairy operation from Rainier school.
Industrial activities.
Dietitian—Duties—Travel expenses.
Fire protection.
Employment of teachers—Exceptions.
Institutional chaplains—Appointment.
Institutional chaplains—Duties.
Institutional chaplains—Offices, chapels, supplies.
Supervisor of chaplains.
Outside ministers not excluded.
Gifts, acceptance of.
Quarters for personnel—Charges.
Quarters for personnel—Deposit of receipts.
Record of patients and inmates.
Accounting systems.
Political influence forbidden.
Examination of conditions and needs—Report.
Escorted leaves of absence for inmates—Definitions.
Escorted leaves of absence for inmates—Grounds.
Escorted leaves of absence for inmates—Notification of local
law enforcement agencies.
Leaves of absence for inmates—Rules—Restrictions—Costs.
Child under eighteen convicted of crime amounting to felony—Placement—Segregation from adult offenders.
Offender under eighteen confined to a jail—Segregation from
adult offenders.
Transfer of equipment, supplies, livestock between institutions—Notice—Conditions.
Use of facilities, equipment and personnel by school districts
and institutions of higher learning authorized.
Use of facilities, equipment and personnel by state agencies,
counties, cities or political subdivisions.
Use of facilities by counties, community service organizations,
nonprofit associations, etc.
Use of files and records for courses of education, instruction
and training at institutions.
Lease of lands with outdoor recreation potential—Restrictions—Unlawful to use posted lands.
Agreements with nonprofit organizations to provide services
for persons admitted or committed to institutions.
Authority of superintendents, business managers and officers
of correctional institutions to take acknowledgments and
administer oaths—Procedure.
[Title 72 RCW—page 1]
72.01.010
Title 72 RCW: State Institutions
Children's center for research and training in mental retardation, director
as member of advisory committee: RCW 28B.20.412.
Counties may engage in probation and parole services: RCW 36.01.070.
Disposition of property of deceased inmate of state institution: RCW
11.08.101, 11.08.111, and 11.08.120.
Employment of dental hygienist without supervision of dentist authorized:
RCW 18.29.056.
Out-of-state physicians, conditional license to practice in conjunction with
institutions: RCW 18.71.095.
Public purchase preferences: Chapter 39.24 RCW.
Social security benefits, payment to survivors or department of social and
health services: RCW 11.66.010.
State administrative departments and agencies: Chapter 43.17 RCW.
72.01.010
72.01.010 Powers and duties apply to department of
social and health services and department of corrections—Joint exercise authorized. As used in this chapter:
"Department" means the departments of social and
health services and corrections; and
"Secretary" means the secretaries of social and health
services and corrections.
The powers and duties granted and imposed in this chapter, when applicable, apply to both the departments of social
and health services and corrections and the secretaries of
social and health services and corrections for institutions
under their control. A power or duty may be exercised or fulfilled jointly if joint action is more efficient, as determined by
the secretaries. [1981 c 136 § 66; 1979 c 141 § 142; 1970
ex.s. c 18 § 56; 1959 c 28 § 72.01.010. Prior: 1907 c 166 §
10; RRS § 10919. Formerly RCW 72.04.010.]
Effective date—1981 c 136: See RCW 72.09.900.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
72.01.042
72.01.042 Hours of labor for full time employees—
Compensatory time—Premium pay. The hours of labor
for each full time employee shall be a maximum of eight
hours in any work day and forty hours in any work week.
Employees required to work in excess of the eight-hour
maximum per day or the forty-hour maximum per week shall
be compensated by not less than equal hours of compensatory
time off or, in lieu thereof, a premium rate of pay per hour
equal to not less than one-one hundred and seventy-sixth of
the employee's gross monthly salary: PROVIDED, That in
the event that an employee is granted compensatory time off,
such time off should be given within the calendar year and in
the event that such an arrangement is not possible the
employee shall be given a premium rate of pay: PROVIDED
FURTHER, That compensatory time and/or payment thereof
shall be allowed only for overtime as is duly authorized and
accounted for under rules and regulations established by the
secretary. [1981 c 136 § 67; 1979 c 141 § 143; 1970 ex.s. c
18 § 60; 1953 c 169 § 1. Formerly RCW 43.19.255.]
Effective date—1981 c 136: See RCW 72.09.900.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
72.01.043
72.01.043 Hours of labor for full time employees—
Certain personnel excepted. RCW 72.01.042 shall not be
applicable to the following designated personnel: Administrative officers of the department; institutional superinten[Title 72 RCW—page 2]
dents, medical staff other than nurses, and business managers; and such professional, administrative and supervisory
personnel as designated prior to July 1, 1970 by the department of social and health services with the concurrence of the
merit system board having jurisdiction. [1979 c 141 § 144;
1970 ex.s. c 18 § 61; 1953 c 169 § 2. Formerly RCW
43.19.256.]
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
72.01.045
72.01.045 Assaults to employees—Reimbursement
for costs. (1) For purposes of this section only, "assault"
means an unauthorized touching of an employee by a resident, patient, or juvenile offender resulting in physical injury
to the employee.
(2) In recognition of the hazardous nature of employment in state institutions, the legislature hereby provides a
supplementary program to reimburse employees of the
department of social and health services, the department of
natural resources, and the department of veterans affairs for
some of their costs attributable to their being the victims of
assault by residents, patients, or juvenile offenders. This program shall be limited to the reimbursement provided in this
section.
(3) An employee is only entitled to receive the reimbursement provided in this section if the secretary of social
and health services, the commissioner of public lands, or the
director of the department of veterans affairs, or the secretary's, commissioner's, or director's designee, finds that each
of the following has occurred:
(a) A resident or patient has assaulted the employee and
as a result thereof the employee has sustained demonstrated
physical injuries which have required the employee to miss
days of work;
(b) The assault cannot be attributable to any extent to the
employee's negligence, misconduct, or failure to comply with
any rules or conditions of employment; and
(c) The department of labor and industries has approved
the employee's workers' compensation application pursuant
to chapter 51.32 RCW.
(4) The reimbursement authorized under this section
shall be as follows:
(a) The employee's accumulated sick leave days shall not
be reduced for the workdays missed;
(b) For each workday missed for which the employee is
not eligible to receive compensation under chapter 51.32
RCW, the employee shall receive full pay; and
(c) In respect to workdays missed for which the
employee will receive or has received compensation under
chapter 51.32 RCW, the employee shall be reimbursed in an
amount which, when added to that compensation, will result
in the employee receiving full pay for the workdays missed.
(5) Reimbursement under this section may not last
longer than three hundred sixty-five consecutive days after
the date of the injury.
(6) The employee shall not be entitled to the reimbursement provided in subsection (4) of this section for any workday for which the secretary, commissioner, director, or applicable designee, finds that the employee has not diligently
pursued his or her compensation remedies under chapter
51.32 RCW.
(2004 Ed.)
Administration
(7) The reimbursement shall only be made for absences
which the secretary, commissioner, director, or applicable
designee believes are justified.
(8) While the employee is receiving reimbursement
under this section, he or she shall continue to be classified as
a state employee and the reimbursement amount shall be considered as salary or wages.
(9) All reimbursement payments required to be made to
employees under this section shall be made by the employing
department. The payments shall be considered as a salary or
wage expense and shall be paid by the department in the same
manner and from the same appropriations as other salary and
wage expenses of the department.
(10) Should the legislature revoke the reimbursement
authorized under this section or repeal this section, no
affected employee is entitled thereafter to receive the reimbursement as a matter of contractual right. [2002 c 77 § 1;
1990 c 153 § 1; 1987 c 102 § 1; 1986 c 269 § 4.]
72.01.050
72.01.050 Secretary's powers and duties—Management of public institutions and correctional facilities. (1)
The secretary of social and health services shall have full
power to manage and govern the following public institutions: The western state hospital, the eastern state hospital,
the northern state hospital, the state training school, the state
school for girls, Lakeland Village, the Rainier school, and
such other institutions as authorized by law, subject only to
the limitations contained in laws relating to the management
of such institutions.
(2) The secretary of corrections shall have full power to
manage, govern, and name all state correctional facilities,
subject only to the limitations contained in laws relating to
the management of such institutions.
(3) If any state correctional facility is fully or partially
destroyed by natural causes or otherwise, the secretary of corrections may, with the approval of the governor, provide for
the establishment and operation of additional residential correctional facilities to place those inmates displaced by such
destruction. However, such additional facilities may not be
established if there are existing residential correctional facilities to which all of the displaced inmates can be appropriately placed. The establishment and operation of any additional facility shall be on a temporary basis, and the facility
may not be operated beyond July 1 of the year following the
year in which it was partially or fully destroyed. [1992 c 7 §
51; 1988 c 143 § 1. Prior: 1985 c 378 § 8; 1985 c 350 § 1;
1981 c 136 § 68; 1979 c 141 § 145; 1977 c 31 § 1; 1959 c 28
§ 72.01.050; prior: 1955 c 195 § 4(1); 1915 c 107 § 1, part;
1907 c 166 § 2, part; 1901 c 119 § 3, part; RRS § 10899, part.
Formerly RCW 43.28.020, part.]
Severability—1985 c 378: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 378 § 36.]
Effective date—1985 c 378: "This act shall take effect July 1, 1986.
The secretary of social and health services and the governor may immediately take such steps as are necessary to ensure that this act is implemented
on its effective date." [1985 c 378 § 37.]
Effective date—1981 c 136: See RCW 72.09.900.
(2004 Ed.)
72.01.110
72.01.060
72.01.060 Chief executive officers—Appointment—
Salaries—Assistants. The secretary shall appoint the chief
executive officers necessary to manage one or more of the
public facilities operated by the department. This section,
however, shall not apply to RCW 72.40.020.
Except as otherwise provided in this title, the chief executive officer of each institution may appoint all assistants and
employees required for the management of the institution
placed in his charge, the number of such assistants and
employees to be determined and fixed by the secretary. The
chief executive officer of any institution may, at his pleasure,
discharge any person therein employed. The secretary shall
investigate all complaints made against the chief executive
officer of any institution and also any complaint against any
other officer or employee thereof, if it has not been investigated and reported upon by the chief executive officer.
The secretary may, after investigation, for good and sufficient reasons, order the discharge of any subordinate officer
or employee of an institution.
Each chief executive officer shall receive such salary as
is fixed by the secretary, who shall also fix the compensation
of other officers and the employees of each institution. Such
latter compensation shall be fixed on or before the first day of
April of each year and no change shall be made in the compensation, so fixed, during the twelve month period commencing April 1st. [1983 1st ex.s. c 41 § 26; 1979 c 141 §
146; 1959 c 28 § 72.01.060. Prior: 1907 c 166 § 5; 1901 c
119 § 6; RRS § 10902. Formerly RCW 72.04.020.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Authority to appoint a single executive officer for multiple institutions—
Exception: RCW 43.20A.607.
Juvenile correctional institution in King county, appointment of superintendent: RCW 72.19.030.
Maple Lane School, appointment of superintendent and subordinate officers
and employees: RCW 72.20.020.
State hospitals for mentally ill—Superintendents: RCW 72.23.030.
72.01.090
72.01.090 Rules and regulations. The department is
authorized to make its own rules for the proper execution of
its powers. It shall also have the power to adopt rules and regulations for the government of the public institutions placed
under its control, and shall therein prescribe, in a manner consistent with the provisions of this title, the duties of the persons connected with the management of such public institutions. [1959 c 28 § 72.01.090. Prior: 1907 c 166 § 7; 1901 c
119 § 9; RRS § 10905. Formerly RCW 72.04.060.]
72.01.110
72.01.110 Construction or repair of buildings—Contracts or inmate labor. The department may employ the
services of competent architects for the preparation of plans
and specifications for new buildings, or for repairs, changes,
or additions to buildings already constructed, employ competent persons to superintend the construction of new buildings
or repairs, changes, or additions to buildings already constructed and call for bids and award contracts for the erection
of new buildings, or for repairs, changes, or additions to
buildings already constructed: PROVIDED, That the department may proceed with the erecting of any new building, or
repairs, changes, or additions to any buildings already constructed, employing thereon the labor of the inmates of the
institution, when in its judgment the improvements can be
[Title 72 RCW—page 3]
72.01.120
Title 72 RCW: State Institutions
made in as satisfactory a manner and at a less cost to the state
by so doing. [1959 c 28 § 72.01.110. Prior: 1901 c 119 § 12;
RRS § 10909. Formerly RCW 72.04.100.]
Public works: Chapter 39.04 RCW.
72.01.120
72.01.120 Construction or repair of buildings—
Award of contracts. When improvements are to be made
under contract, notice of the call for the same shall be published in at least two newspapers of general circulation in the
state for two weeks prior to the award being made. The contract shall be awarded to the lowest responsible bidder. The
secretary is authorized to require such security as he may
deem proper to accompany the bids submitted, and shall also
fix the amount of the bond or other security that shall be furnished by the person or firm to whom the contract is awarded.
The secretary shall have the power to reject any or all bids
submitted, if for any reason it is deemed for the best interest
of the state to do so, and to readvertise in accordance with the
provisions hereof. The secretary shall also have the power to
reject the bid of any person or firm who has had a prior contract, and who did not, in the opinion of the secretary, faithfully comply with the same. [1979 c 141 § 148; 1959 c 28 §
72.01.120. Prior: 1901 c 119 § 10, part; RRS § 10906.]
72.01.130
72.01.130 Destruction of buildings—Reconstruction.
If any of the shops or buildings in which convicts are
employed are destroyed in any way, or injured by fire or otherwise, they may be rebuilt or repaired immediately under the
direction of the department, by and with the advice and consent of the governor, and the expenses thereof shall be paid
out of any unexpended funds appropriated to the department
for any purpose, not to exceed one hundred thousand dollars:
PROVIDED, That if a specific appropriation for a particular
project has been made by the legislature, only such funds
exceeding the cost of such project may be expended for the
purposes of this section. [1959 c 28 § 72.01.130. Prior: 1957
c 25 § 1; 1891 c 147 § 29; RRS § 10908. Formerly RCW
72.04.090.]
72.01.140
72.01.140 Agricultural and farm activities. The secretary shall:
(1) Make a survey, investigation, and classification of
the lands connected with the state institutions under his control, and determine which thereof are of such character as to
be most profitably used for agricultural, horticultural, dairying, and stock raising purposes, taking into consideration the
costs of making them ready for cultivation, the character of
the soil, its depth and fertility, the number of kinds of crops to
which it is adapted, the local climatic conditions, the local
annual rainfall, the water supply upon the land or available,
the needs of all state institutions for the food products that
can be grown or produced, and the amount and character of
the available labor of inmates at the several institutions;
(2) Establish and carry on suitable farming operations at
the several institutions under his control;
(3) Supply the several institutions with the necessary
food products produced thereat;
(4) Exchange with, or furnish to, other institutions, food
products at the cost of production;
(5) Sell and dispose of surplus food products produced.
[Title 72 RCW—page 4]
This section shall not apply to the Rainier school for
which cognizance of farming operations has been transferred
to Washington State University by RCW 72.01.142. [1981 c
238 § 1; 1979 c 141 § 149; 1959 c 28 § 72.01.140. Prior:
1955 c 195 § 4(7), (8), (9), (10), and (11); 1921 c 7 § 39; RRS
§ 10797. Formerly RCW 43.28.020, part.]
Effective date—1981 c 238: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on July
1, 1981." [1981 c 238 § 7.]
Savings—Liabilities—1981 c 238: "The enactment of this act shall not
have the effect of terminating, or in any way modifying, any liability, civil or
criminal, which is already in existence on the effective date of this act."
[1981 c 238 § 5.]
Savings—Rights, actions, contracts—1981 c 238: "Nothing in this
act shall be construed as affecting any existing rights except as to the agencies referred to, nor as affecting any pending actions, activities, proceedings,
or contracts, nor affect the validity of any act performed by such agency or
any employee thereof prior to the effective date of this act." [1981 c 238 § 6.]
72.01.142
72.01.142 Transfer of dairy operation from Rainier
school. The secretary of social and health services shall
transfer on July 1, 1981, cognizance and control of all real
property and improvements thereon owned by the state at the
Rainier school, used for agricultural purposes, other than the
school buildings and school grounds, to Washington State
University for use as a dairy/forage research facility established pursuant to RCW 28B.30.810.
All livestock and the supplies, equipment, implements,
documents, records, papers, vehicles, appropriations, tangible property, and other items used in the dairy operation or
production of forage shall also be transferred to the university. [1981 c 238 § 2.]
Effective date—Savings—Liabilities, rights, actions, contracts—
1981 c 238: See notes following RCW 72.01.140.
72.01.150
72.01.150 Industrial activities. The secretary shall:
(1) Establish, install and operate, at the several state
institutions under his control, such industries and industrial
plants as may be most suitable and beneficial to the inmates
thereof, and as can be operated at the least relative cost and
the greatest relative benefit to the state, taking into consideration the needs of the state institutions for industrial products,
and the amount and character of labor of inmates available at
the several institutions;
(2) Supply the several institutions with the necessary
industrial products produced thereat;
(3) Exchange with, or furnish to, other state institutions
industrial products at prices to be fixed by the department,
not to exceed in any case the price of such products in the
open market;
(4) Sell and dispose of surplus industrial products produced, to such persons and under such rules, regulations,
terms, and prices as may be in his judgment for the best interest of the state;
(5) Sell products of the plate mill to any department, to
any state, county, or other public institution and to any governmental agency, of this or any other state under such rules,
regulations, terms, and prices as may be in his judgment for
the best interests of the state. [1979 c 141 § 150; 1959 c 28 §
72.01.150. Prior: 1955 c 195 § 4(12), (13), (14), (15), and
(2004 Ed.)
Administration
(16); 1923 c 101 § 1; 1921 c 7 § 40; RRS § 10798. Formerly
RCW 43.28.020, part.]
72.01.280
Housing allowance for state-employed chaplains: RCW 41.04.360.
Washington personnel resources board: RCW 41.06.110.
Correctional industries: Chapter 72.60 RCW.
72.01.220
72.01.180 Dietitian—Duties—Travel expenses. The
secretary shall have the power to select a member of the faculty of the University of Washington, or the Washington
State University, skilled in scientific food analysis and dietetics, to be known as the state dietitian, who shall make and furnish to the department food analyses showing the relative
food value, in respect to cost, of food products, and advise the
department as to the quantity, comparative cost, and food values, of proper diets for the inmates of the state institutions
under the control of the department. The state dietitian shall
receive travel expenses while engaged in the performance of
his duties in accordance with RCW 43.03.050 and 43.03.060
as now existing or hereafter amended. [1979 c 141 § 152;
1975-'76 2nd ex.s. c 34 § 166; 1959 c 28 § 72.01.180. Prior:
1921 c 7 § 32; RRS § 10790. Formerly RCW 43.19.150.]
72.01.180
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
72.01.220 Institutional chaplains—Duties. It shall be
the duty of the chaplains at the respective institutions mentioned in RCW 72.01.210, under the direction of the department, to conduct religious services and to give religious and
moral instruction to the inmates of the institutions, and to
attend to their spiritual wants. They shall counsel with and
interview the inmates concerning their social and family
problems, and shall give assistance to the inmates and their
families in regard to such problems. [1959 c 28 § 72.01.220.
Prior: 1955 c 248 § 2. Formerly RCW 72.04.170.]
72.01.230
72.01.230 Institutional chaplains—Offices, chapels,
supplies. The chaplains at the respective institutions mentioned in RCW 72.01.210 shall be provided with the offices
and chapels at their institutions, and such supplies as may be
necessary for the carrying out of their duties. [1959 c 28 §
72.01.230. Prior: 1955 c 248 § 3. Formerly RCW 72.04.180.]
72.01.240
72.01.190 Fire protection. The secretary may enter
into an agreement with a city or town adjacent to any state
institution for fire protection for such institution. [1979 c 141
§ 153; 1959 c 28 § 72.01.190. Prior: 1947 c 188 § 1; Rem.
Supp. 1947 § 10898a. Formerly RCW 72.04.140.]
72.01.190
72.01.200 Employment of teachers—Exceptions.
State correctional facilities may employ certificated teachers
to carry on their educational work, except for the educational
programs provided pursuant to RCW 28A.190.030 through
28A.190.050 and all such teachers so employed shall be eligible to membership in the state teachers' retirement fund.
[1992 c 7 § 52; 1990 c 33 § 591; 1979 ex.s. c 217 § 6; 1959 c
28 § 72.01.200. Prior: 1947 c 211 § 1; Rem. Supp. 1947 §
10319-1. Formerly RCW 72.04.130.]
72.01.240 Supervisor of chaplains. Each secretary is
hereby empowered to appoint one of the chaplains, authorized by RCW 72.01.210, to act as supervisor of chaplains for
his department, in addition to his duties at one of the institutions designated in RCW 72.01.210. [1981 c 136 § 70; 1979
c 141 § 155; 1959 c 28 § 72.01.240. Prior: 1955 c 248 § 4.
Formerly RCW 72.04.190.]
72.01.200
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Effective date—Severability—1979 ex.s. c 217: See notes following
RCW 28A.190.020.
Teachers' qualifications at state schools for the deaf and blind: RCW
72.40.028.
Teachers' retirement: Chapter 41.32 RCW.
72.01.210 Institutional chaplains—Appointment.
The secretary of corrections shall appoint chaplains for the
state correctional institutions for convicted felons; and the
secretary of social and health services shall appoint chaplains
for the correctional institutions for juveniles found delinquent
by the juvenile courts; and the secretary of corrections and
the secretary of social and health services shall appoint one or
more chaplains for other custodial, correctional and mental
institutions under their control. The chaplains so appointed
shall have the qualifications and shall be compensated in an
amount, as shall hereafter be recommended by the department and approved by the Washington personnel resources
board. [1993 c 281 § 62; 1981 c 136 § 69; 1979 c 141 § 154;
1967 c 58 § 1; 1959 c 33 § 1; 1959 c 28 § 72.01.210. Prior:
1955 c 248 § 1. Formerly RCW 72.04.160.]
72.01.210
Effective date—1993 c 281: See note following RCW 41.06.022.
(2004 Ed.)
Effective date—1981 c 136: See RCW 72.09.900.
72.01.260
72.01.260 Outside ministers not excluded. Nothing
contained in RCW 72.01.210 through 72.01.240 shall be so
construed as to exclude ministers of any denomination from
giving gratuitous religious or moral instruction to prisoners
under such reasonable rules and regulations as the secretary
may prescribe. [1983 c 3 § 184; 1979 c 141 § 156; 1959 c 28
§ 72.01.260. Prior: 1929 c 59 § 2; Code 1881 § 3297; RRS §
10236-1. Formerly RCW 72.08.210.]
72.01.270
72.01.270 Gifts, acceptance of. The secretary shall
have the power to receive, hold and manage all real and personal property made over to the department by gift, devise or
bequest, and the proceeds and increase thereof shall be used
for the benefit of the institution for which it is received.
[1979 c 141 § 157; 1959 c 28 § 72.01.270. Prior: 1901 c 119
§ 8; RRS § 10904. Formerly RCW 72.04.050.]
72.01.280
72.01.280 Quarters for personnel—Charges. The
superintendent of each public institution and the assistant
physicians, steward, accountant and chief engineer of each
hospital for the mentally ill may be furnished with quarters,
household furniture, board, fuel, and lights for themselves
and their families, and the secretary may, when in his opinion
any public institution would be benefited by so doing, extend
this privilege to any officer at any of the public institutions
under his control. The words "family" or "families" used in
this section shall be construed to mean only the spouse and
dependent children of an officer. Employees may be furnished with quarters and board for themselves. The secretary
shall charge and collect from such officers and employees the
[Title 72 RCW—page 5]
72.01.282
Title 72 RCW: State Institutions
full cost of the items so furnished, including an appropriate
charge for depreciation of capital items. [1979 c 141 § 158;
1959 c 39 § 3; 1959 c 28 § 72.01.280. Prior: 1957 c 188 § 1;
1907 c 166 § 6; 1901 c 119 § 6; RRS § 10903. Formerly
RCW 72.04.040.]
72.01.282
72.01.282 Quarters for personnel—Deposit of
receipts. All moneys received by the secretary from charges
made pursuant to RCW 72.01.280 shall be deposited by him
in the state general fund. [1981 c 136 § 71; 1979 c 141 § 159;
1959 c 210 § 1.]
Effective date—1981 c 136: See RCW 72.09.900.
72.01.290
72.01.290 Record of patients and inmates. The
department shall keep at its office, accessible only to the secretary and to proper officers and employees, and to other persons authorized by the secretary, a record showing the residence, sex, age, nativity, occupation, civil condition and date
of entrance, or commitment of every person, patient, inmate
or convict, in the several public institutions governed by the
department, the date of discharge of every person from the
institution, and whether such discharge is final: PROVIDED,
That in addition to this information the superintendents for
the hospitals for the mentally ill shall also state the condition
of the person at the time of leaving the institution. The record
shall also state if the person is transferred from one institution
to another and to what institution; and if dead the date and
cause of death. This information shall be furnished to the
department by the several institutions, and also such other
obtainable facts as the department may from time to time
require, not later than the fifth day of each month for the
month preceding, by the chief executive officer of each public institution, upon blank forms which the department may
prescribe. [1979 c 141 § 160; 1959 c 28 § 72.01.290. Prior:
1907 c 166 § 9; 1901 c 119 § 13; RRS § 10910. Formerly
RCW 72.04.110.]
Record as to patients or inmates for purposes of vital statistics: RCW
70.58.270.
72.01.300
72.01.300 Accounting systems. The secretary shall
have the power, and it shall be his duty, to install and maintain in the department a proper cost accounting system of
accounts for each of the institutions under the control of the
department, for the purpose of detecting and avoiding unprofitable expenditures and operations. [1979 c 141 § 161; 1959
c 28 § 72.01.300. Prior: 1921 c 7 § 43; RRS § 10801. Formerly RCW 43.19.160.]
72.01.320
72.01.320 Examination of conditions and needs—
Report. The secretary shall examine into the conditions and
needs of the several state institutions under the secretary's
control and report in writing to the governor the condition of
each institution. [1987 c 505 § 66; 1979 c 141 § 163; 1977 c
75 § 84; 1959 c 28 § 72.01.320. Prior: 1955 c 195 § 5. (i)
1901 c 119 § 14; RRS § 10915. (ii) 1915 c 107 § 1, part; 1907
c 166 § 2, part; 1901 c 119 § 3, part; RRS § 10899, part. Formerly RCW 43.28.030.]
72.01.365
72.01.365 Escorted leaves of absence for inmates—
Definitions. As used in RCW 72.01.370 and 72.01.375:
"Escorted leave" means a leave of absence from a correctional facility under the continuous supervision of an
escort.
"Escort" means a correctional officer or other person
approved by the superintendent or the superintendent's designee to accompany an inmate on a leave of absence and be in
visual or auditory contact with the inmate at all times.
"Nonviolent offender" means an inmate under confinement for an offense other than a violent offense defined by
RCW 9.94A.030. [1983 c 255 § 2.]
Severability—1983 c 255: See RCW 72.74.900.
Prisoner furloughs: Chapter 72.66 RCW.
72.01.370
72.01.370 Escorted leaves of absence for inmates—
Grounds. The superintendent of any state correctional facility may, subject to the approval of the secretary and under
RCW 72.01.375, grant escorted leaves of absence to inmates
confined in such institutions to:
(1) Go to the bedside of the inmate's wife, husband,
child, mother or father, or other member of the inmate's
immediate family who is seriously ill;
(2) Attend the funeral of a member of the inmate's immediate family listed in subsection (1) of this section;
(3) Participate in athletic contests;
(4) Perform work in connection with the industrial, educational, or agricultural programs of the department;
(5) Receive necessary medical or dental care which is
not available in the institution; and
(6) Participate as a volunteer in community service work
projects which are approved by the superintendent, but only
inmates who are nonviolent offenders may participate in
these projects. Such community service work projects shall
only be instigated at the request of a local community. [1992
c 7 § 53; 1983 c 255 § 3; 1981 c 136 § 72; 1979 c 141 § 164;
1959 c 40 § 1.]
Severability—1983 c 255: See RCW 72.74.900.
72.01.310
72.01.310 Political influence forbidden. Any officer,
including the secretary, or employee of the department or of
the institutions under the control of the department, who, by
solicitation or otherwise, exercises his influence, directly or
indirectly, to influence other officers or employees of the
state to adopt his political views or to favor any particular
person or candidate for office, shall be removed from his
office or position by the proper authority. [1979 c 141 § 162;
1959 c 28 § 72.01.310. Prior: 1901 c 119 § 15; RRS § 10917.
Formerly RCW 72.04.150.]
[Title 72 RCW—page 6]
Effective date—1981 c 136: See RCW 72.09.900.
72.01.375
72.01.375 Escorted leaves of absence for inmates—
Notification of local law enforcement agencies. An inmate
shall not be allowed to start a leave of absence under RCW
72.01.370 until the secretary, or the secretary's designee, has
notified any county and city law enforcement agency having
jurisdiction in the area of the inmate's destination. [1983 c
255 § 4.]
Severability—1983 c 255: See RCW 72.74.900.
(2004 Ed.)
Administration
72.01.380
72.01.380 Leaves of absence for inmates—Rules—
Restrictions—Costs. The secretary is authorized to make
rules and regulations providing for the conditions under
which inmates will be granted leaves of absence, and providing for safeguards to prevent escapes while on leave of
absence: PROVIDED, That leaves of absence granted to
inmates under RCW 72.01.370 shall not allow or permit any
inmate to go beyond the boundaries of this state. The secretary shall also make rules and regulations requiring the reimbursement of the state from the inmate granted leave of
absence, or his family, for the actual costs incurred arising
from any leave of absence granted under the authority of
RCW 72.01.370, subsections (1) and (2): PROVIDED FURTHER, That no state funds shall be expended in connection
with leaves of absence granted under RCW 72.01.370, subsections (1) and (2), unless such inmate and his immediate
family are indigent and without resources sufficient to reimburse the state for the expenses of such leaves of absence.
[1981 c 136 § 73; 1979 c 141 § 165; 1959 c 40 § 2.]
Effective date—1981 c 136: See RCW 72.09.900.
72.01.410
72.01.410 Child under eighteen convicted of crime
amounting to felony—Placement—Segregation from
adult offenders. (1) Whenever any child under the age of
eighteen is convicted in the courts of this state of a crime
amounting to a felony, and is committed for a term of confinement in a correctional institution wherein adults are confined, the secretary of corrections, after making an independent assessment and evaluation of the child and determining
that the needs and correctional goals for the child could better
be met by the programs and housing environment provided
by the juvenile correctional institution, with the consent of
the secretary of social and health services, may transfer such
child to a juvenile correctional institution, or to such other
institution as is now, or may hereafter be authorized by law to
receive such child, until such time as the child arrives at the
age of twenty-one years, whereupon the child shall be
returned to the institution of original commitment. Retention
within a juvenile detention facility or return to an adult correctional facility shall regularly be reviewed by the secretary
of corrections and the secretary of social and health services
with a determination made based on the level of maturity and
sophistication of the individual, the behavior and progress
while within the juvenile detention facility, security needs,
and the program/treatment alternatives which would best prepare the individual for a successful return to the community.
Notice of such transfers shall be given to the clerk of the committing court and the parents, guardian, or next of kin of such
child, if known.
(2)(a) Except as provided in (b) and (c) of this subsection, an offender under the age of eighteen who is convicted
in adult criminal court and who is committed to a term of confinement at the department of corrections must be placed in a
housing unit, or a portion of a housing unit, that is separated
from offenders eighteen years of age or older, until the
offender reaches the age of eighteen.
(b) An offender who reaches eighteen years of age may
remain in a housing unit for offenders under the age of eighteen if the secretary of corrections determines that: (i) The
offender's needs and the correctional goals for the offender
could continue to be better met by the programs and housing
(2004 Ed.)
72.01.450
environment that is separate from offenders eighteen years of
age and older; and (ii) the programs or housing environment
for offenders under the age of eighteen will not be substantially affected by the continued placement of the offender in
that environment. The offender may remain placed in a housing unit for offenders under the age of eighteen until such
time as the secretary of corrections determines that the
offender's needs and correctional goals are no longer better
met in that environment but in no case past the offender's
twenty-first birthday.
(c) An offender under the age of eighteen may be housed
in an intensive management unit or administrative segregation unit containing offenders eighteen years of age or older
if it is necessary for the safety or security of the offender or
staff. In these cases, the offender shall be kept physically separate from other offenders at all times. [2002 c 171 § 1; 1997
c 338 § 41; 1994 c 220 § 1; 1981 c 136 § 74; 1979 c 141 §
166; 1959 c 140 § 1.]
Effective date—2002 c 171: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 27, 2002]." [2002 c 171 § 3.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Effective date—1981 c 136: See RCW 72.09.900.
Juvenile not to be confined with adult inmates: RCW 13.04.116.
72.01.415
72.01.415 Offender under eighteen confined to a
jail—Segregation from adult offenders. An offender under
the age of eighteen who is convicted in adult criminal court of
a crime and who is committed for a term of confinement in a
jail as defined in RCW 70.48.020, must be housed in a jail
cell that does not contain adult offenders, until the offender
reaches the age of eighteen. [1997 c 338 § 42.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
72.01.430
72.01.430 Transfer of equipment, supplies, livestock
between institutions—Notice—Conditions. The secretary,
notwithstanding any provision of law to the contrary, is
hereby authorized to transfer equipment, livestock and supplies between the several institutions within the department
without reimbursement to the transferring institution excepting, however, any such equipment donated by organizations
for the sole use of such transferring institutions. Whenever
transfers of capital items are made between institutions of the
department, notice thereof shall be given to the director of the
department of general administration accompanied by a full
description of such items with inventory numbers, if any.
[1981 c 136 § 75; 1979 c 141 § 167; 1967 c 23 § 1; 1961 c 193
§ 1.]
Effective date—1981 c 136: See RCW 72.09.900.
72.01.450
72.01.450 Use of facilities, equipment and personnel
by school districts and institutions of higher learning
authorized. The secretary is authorized to enter into agreements with any school district or any institution of higher
[Title 72 RCW—page 7]
72.01.452
Title 72 RCW: State Institutions
learning for the use of the facilities, equipment and personnel
of any state institution of the department, for the purpose of
conducting courses of education, instruction or training in the
professions and skills utilized by one or more of the institutions, at such times and under such circumstances and with
such terms and conditions as may be deemed appropriate.
[1981 c 136 § 76; 1979 c 141 § 168; 1970 ex.s. c 50 § 2; 1967
c 46 § 1.]
Effective date—1981 c 136: See RCW 72.09.900.
72.01.452
72.01.452 Use of facilities, equipment and personnel
by state agencies, counties, cities or political subdivisions.
The secretary is authorized to enter into an agreement with
any agency of the state, a county, city or political subdivision
of the state for the use of the facilities, equipment and personnel of any institution of the department for the purpose of
conducting courses of education, instruction or training in
any professional skill having a relationship to one or more of
the functions or programs of the department. [1979 c 141 §
169; 1970 ex.s. c 50 § 3.]
72.01.454
72.01.454 Use of facilities by counties, community
service organizations, nonprofit associations, etc. (1) The
secretary may permit the use of the facilities of any state
institution by any community service organization, nonprofit
corporation, group or association for the purpose of conducting a program of education, training, entertainment or other
purpose, for the residents of such institutions, if determined
by the secretary to be beneficial to such residents or a portion
thereof.
(2) The secretary may permit the nonresidential use of
the facilities of any state institution by any county, community service organization, nonprofit corporation, group or
association for the purpose of conducting programs under
RCW 72.06.070. [1982 c 204 § 15; 1979 c 141 § 170; 1970
ex.s. c 50 § 5.]
county auditor in which the land is located thirty days prior to
the public hearing. This notice shall state the parcel or parcels
involved and shall indicate the time and place of the public
hearing. Upon a determination by the department that posting
is not necessary, the lessee shall desist from posting. Upon a
determination by the department that posting is necessary, the
lessee shall post his leased premises so as to prohibit recreational uses thereon. In the event any such lands are so
posted, it shall be unlawful for any person to hunt or fish, or
for any person other than the lessee or his immediate family
to use any such posted land for recreational purposes.
(2) The department may insert the provisions of subsection (1) of this section in all leases hereafter issued. [1981 c
136 § 77; 1979 c 141 § 171; 1969 ex.s. c 46 § 2.]
Effective date—1981 c 136: See RCW 72.09.900.
72.01.480
72.01.480 Agreements with nonprofit organizations
to provide services for persons admitted or committed to
institutions. The secretary is authorized to enter into agreements with any nonprofit corporation or association for the
purpose of providing and coordinating voluntary and community based services for the treatment or rehabilitation of
persons admitted or committed to any institution under the
supervision of the department. [1981 c 136 § 78; 1979 c 141
§ 172; 1970 ex.s. c 50 § 1.]
Effective date—1981 c 136: See RCW 72.09.900.
Severability—1970 ex.s. c 50: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1970 ex.s. c 50 § 8.]
72.01.490
72.01.490 Authority of superintendents, business
managers and officers of correctional institutions to take
acknowledgments and administer oaths—Procedure.
See RCW 64.08.090.
Chapter 72.02
72.01.458
72.01.458 Use of files and records for courses of education, instruction and training at institutions. In any
course of education, instruction or training conducted in any
state institution of the department use may be made of
selected files and records of such institution, notwithstanding
the provisions of any statute to the contrary. [1970 ex.s. c 50
§ 4.]
72.01.460
72.01.460 Lease of lands with outdoor recreation
potential—Restrictions—Unlawful to use posted lands.
(1) Any lease of public lands with outdoor recreation potential authorized by the department shall be open and available
to the public for compatible recreational use unless the
department determines that the leased land should be closed
in order to prevent damage to crops or other land cover, to
improvements on the land, to the lessee, or to the general
public or is necessary to avoid undue interference with carrying forward a departmental program. Any lessee may file an
application with the department to close the leased land to
any public use. The department shall cause written notice of
the impending closure to be posted in a conspicuous place in
the department's Olympia office, at the principal office of the
institution administering the land, and in the office of the
[Title 72 RCW—page 8]
Chapter 72.02 RCW
ADULT CORRECTIONS
Sections
72.02.015
72.02.040
72.02.045
72.02.055
72.02.100
72.02.110
72.02.150
72.02.160
72.02.200
72.02.210
72.02.220
72.02.230
72.02.240
72.02.250
72.02.260
72.02.270
72.02.280
Powers of court or judge not impaired.
Secretary acting for department exercises powers and duties.
Superintendent's authority.
Appointment of associate superintendents.
Earnings, clothing, transportation and subsistence payments
upon release of certain prisoners.
Weekly payments to certain released prisoners.
Disturbances at state penal facilities—Development of contingency plans—Scope—Local participation.
Disturbances at state penal facilities—Utilization of outside
law enforcement personnel—Scope.
Reception and classification units.
Sentence—Commitment to reception units.
Cooperation with reception units by state agencies.
Persons to be received for classification and placement.
Secretary to determine placement—What laws govern confinement, parole and discharge.
Commitment of convicted female persons—Procedure as to
death sentences.
Letters of inmates may be withheld.
Abused victims—Murder of abuser—Notice of provisions for
reduction in sentence.
Motion pictures.
72.02.015
72.02.015 Powers of court or judge not impaired.
Nothing in this chapter shall be construed to restrict or impair
(2004 Ed.)
Adult Corrections
the power of any court or judge having jurisdiction to pronounce sentence upon a person to whom this chapter applies,
to fix the term of imprisonment and to order commitment,
according to law, nor to deny the right of any such court or
judge to sentence to imprisonment; nor to deny the right of
any such court or judge to suspend sentence or the execution
of judgment thereon or to make any other disposition of the
case pursuant to law. [1988 c 143 § 9; 1959 c 214 § 13. Formerly RCW 72.13.130.]
72.02.040
72.02.040 Secretary acting for department exercises
powers and duties. The secretary of corrections acting for
the department of corrections shall exercise all powers and
perform all duties prescribed by law with respect to the
administration of any adult correctional program by the
department of corrections. [1981 c 136 § 79; 1970 ex.s. c 18
§ 57; 1959 c 28 § 72.02.040. Prior: 1957 c 272 § 16. Formerly RCW 43.28.110.]
Effective date—1981 c 136: See RCW 72.09.900.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
72.02.045
72.02.045 Superintendent's authority. The superintendent of each institution has the powers, duties, and
responsibilities specified in this section.
(1) Subject to the rules of the department, the superintendent is responsible for the supervision and management of
the institution, the grounds and buildings, the subordinate
officers and employees, and the prisoners committed, admitted, or transferred to the institution.
(2) Subject to the rules of the department and the director
of the division of prisons or his or her designee and the Washington personnel resources board, the superintendent shall
appoint all subordinate officers and employees.
(3) The superintendent shall be the custodian of all funds
and valuable personal property of convicted persons as may
be in their possession upon admission to the institution, or
which may be sent or brought in to such persons, or earned by
them while in custody, or which shall be forwarded to the
superintendent on behalf of convicted persons. All such funds
shall be deposited in the personal account of the convicted
person and the superintendent shall have authority to disburse
moneys from such person's personal account for the personal
and incidental needs of the convicted person as may be
deemed reasonably necessary. When convicted persons are
released from the confines of the institution either on parole,
transfer, or discharge, all funds and valuable personal property in the possession of the superintendent belonging to such
convicted persons shall be delivered to them. In no case shall
the state of Washington, or any state officer, including state
elected officials, employees, or volunteers, be liable for the
loss of such personal property, except upon a showing that
the loss was occasioned by the intentional act, gross negligence, or negligence of the officer, official, employee, or volunteer, and that the actions or omissions occurred while the
person was performing, or in good faith purporting to perform, his or her official duties. Recovery of damages for loss
of personal property while in the custody of the superintendent under this subsection shall be limited to the lesser of the
market value of the item lost at the time of the loss, or the
(2004 Ed.)
72.02.100
original purchase price of the item or, in the case of handmade goods, the materials used in fabricating the item.
(4) The superintendent, subject to the approval of the
director of the division of prisons and the secretary, shall
make, amend, and repeal rules for the administration, supervision, discipline, and security of the institution.
(5) When in the superintendent's opinion an emergency
exists, the superintendent may promulgate temporary rules
for the governance of the institution, which shall remain in
effect until terminated by the director of the division of prisons or the secretary.
(6) The superintendent shall perform such other duties as
may be prescribed. [1993 c 281 § 63; 1988 c 143 § 2.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Health care: RCW 41.05.280.
72.02.055
72.02.055 Appointment of associate superintendents.
The superintendent, subject to the approval of the director of
the division of prisons and the secretary, shall appoint such
associate superintendents as shall be deemed necessary, who
shall have such qualifications as shall be determined by the
secretary. In the event the superintendent is absent from the
institution, or during periods of illness or other situations
incapacitating the superintendent from properly performing
his or her duties, one of the associate superintendents of such
institution as may be designated by the director of the division of prisons and the secretary shall act as superintendent.
[1988 c 143 § 3.]
72.02.100
72.02.100 Earnings, clothing, transportation and
subsistence payments upon release of certain prisoners.
Any person serving a sentence for a term of confinement in a
state correctional facility for convicted felons, pursuant to
court commitment, who is thereafter released upon an order
of parole of the *indeterminate sentencing review board, or
who is discharged from custody upon expiration of sentence,
or who is ordered discharged from custody by a court of
appropriate jurisdiction, shall be entitled to retain his earnings from labor or employment while in confinement and
shall be supplied by the superintendent of the state correctional facility with suitable and presentable clothing, the sum
of forty dollars for subsistence, and transportation by the least
expensive method of public transportation not to exceed the
cost of one hundred dollars to his place of residence or the
place designated in his parole plan, or to the place from which
committed if such person is being discharged on expiration of
sentence, or discharged from custody by a court of appropriate jurisdiction: PROVIDED, That up to sixty additional dollars may be made available to the parolee for necessary personal and living expenses upon application to and approval
by such person's community corrections officer. If in the
opinion of the superintendent suitable arrangements have
been made to provide the person to be released with suitable
clothing and/or the expenses of transportation, the superintendent may consent to such arrangement. If the superintendent has reasonable cause to believe that the person to be
released has ample funds, with the exception of earnings
from labor or employment while in confinement, to assume
the expenses of clothing, transportation, or the expenses for
which payments made pursuant to RCW 72.02.100 or
[Title 72 RCW—page 9]
72.02.110
Title 72 RCW: State Institutions
72.02.110 or any one or more of such expenses, the person
released shall be required to assume such expenses. [1988 c
143 § 5; 1971 ex.s. c 171 § 1.]
*Reviser's note: The "indeterminate sentencing review board" should
be referred to as the "indeterminate sentence review board." See RCW
9.95.001.
72.02.110
72.02.110 Weekly payments to certain released prisoners. As state, federal or other funds are available, the secretary of corrections or his designee is authorized, in his discretion, not to provide the forty dollars subsistence money or
the optional sixty dollars to a person or persons released as
described in RCW 72.02.100, and instead to utilize the authorization and procedure contained in this section relative to
such person or persons.
Any person designated by the secretary serving a sentence for a term of confinement in a state correctional facility
for convicted felons, pursuant to court commitment, who is
thereafter released upon an order of parole of the *indeterminate sentencing review board, or is discharged from custody
upon expiration of sentence, or is ordered discharged from
custody by a court of appropriate jurisdiction, shall receive
the sum of fifty-five dollars per week for a period of up to six
weeks. The initial weekly payment shall be made to such person upon his release or parole by the superintendent of the
institution. Subsequent weekly payments shall be made to
such person by the community corrections officer at the
office of such officer. In addition to the initial six weekly
payments provided for in this section, a community corrections officer and his supervisor may, at their discretion, continue such payments up to a maximum of twenty additional
weeks when they are satisfied that such person is actively
seeking employment and that such payments are necessary to
continue the efforts of such person to gain employment:
PROVIDED, That if, at the time of release or parole, in the
opinion of the superintendent funds are otherwise available to
such person, with the exception of earnings from labor or
employment while in confinement, such weekly sums of
money or part thereof shall not be provided to such person.
When a person receiving such payments provided for in
this section becomes employed, he may continue to receive
payments for two weeks after the date he becomes employed
but payments made after he becomes employed shall be discontinued as of the date he is first paid for such employment:
PROVIDED, That no person shall receive payments for a
period exceeding the twenty-six week maximum as established in this section.
The secretary of corrections may annually adjust the
amount of weekly payment provided for in this section to
reflect changes in the cost of living and the purchasing power
of the sum set for the previous year. [1988 c 143 § 6; 1981 c
136 § 80; 1971 ex.s. c 171 § 2.]
*Reviser's note: The "indeterminate sentencing review board" should
be referred to as the "indeterminate sentence review board." See RCW
9.95.001.
Effective date—1981 c 136: See RCW 72.09.900.
72.02.150
72.02.150 Disturbances at state penal facilities—
Development of contingency plans—Scope—Local participation. The secretary or the secretary's designee shall be
responsible for the preparation of contingency plans for deal[Title 72 RCW—page 10]
ing with disturbances at state penal facilities. The plans shall
be developed or revised in cooperation with representatives
of state and local agencies at least annually. Contingency
plans developed shall encompass contingencies of varying
levels of severity, specific contributions of personnel and
material from participating agencies, and a unified chain of
command. Agencies providing personnel under the plan shall
provide commanders for the personnel who will be included
in the unified chain of command. [1982 c 49 § 1.]
72.02.160
72.02.160 Disturbances at state penal facilities—Utilization of outside law enforcement personnel—Scope.
Whenever the secretary or the secretary's designee determines that due to a disturbance at a state penal facility within
the jurisdiction of the department that the assistance of law
enforcement officers in addition to department of corrections'
personnel is required, the secretary may notify the Washington state patrol, the chief law enforcement officer of any
nearby county and the county in which the facility is located,
and the chief law enforcement officer of any municipality
near the facility or in which the facility is located. These law
enforcement agencies may provide such assistance as
expressed in the contingency plan or plans, or as is deemed
necessary by the secretary, or the secretary's designee, to
restore order at the facility, consistent with the resources
available to the law enforcement agencies and the law
enforcement agencies' other statutory obligations. While on
the grounds of a penal facility and acting under this section,
all law enforcement officials shall be under the immediate
control of their respective supervisors who shall be responsive to the secretary, or the secretary's designee, which designee need not be an employee of the department of corrections. [1982 c 49 § 2.]
Reimbursement for local support at prison disturbances: RCW 72.72.050,
72.72.060.
72.02.200
72.02.200 Reception and classification units. There
shall be units known as reception and classification centers
which, subject to the rules and regulations of the department,
shall be charged with the function of receiving and classifying all persons committed or transferred to the institution,
taking into consideration age, type of crime for which committed, physical condition, behavior, attitude and prospects
for reformation for the purposes of confinement and treatment of offenders convicted of offenses punishable by
imprisonment, except offenders convicted of crime and sentenced to death. [1988 c 143 § 7; 1959 c 214 § 11. Formerly
RCW 72.13.110.]
72.02.210
72.02.210 Sentence—Commitment to reception
units. Any offender convicted of an offense punishable by
imprisonment, except an offender sentenced to death, shall,
notwithstanding any inconsistent provision of law, be sentenced to imprisonment in a penal institution under the jurisdiction of the department without designating the name of
such institution, and be committed to the reception units for
classification, confinement and placement in such correctional facility under the supervision of the department as the
secretary shall deem appropriate. [1988 c 143 § 8; 1981 c
(2004 Ed.)
Probation and Parole
136 § 95; 1979 c 141 § 206; 1959 c 214 § 12. Formerly RCW
72.13.120.]
Effective date—1981 c 136: See RCW 72.09.900.
72.02.220
72.02.220 Cooperation with reception units by state
agencies. The indeterminate sentence review board and
other state agencies shall cooperate with the department in
obtaining necessary investigative materials concerning
offenders committed to the reception unit and supply the
reception unit with necessary information regarding social
histories and community background. [1988 c 143 § 10;
1979 c 141 § 207; 1959 c 214 § 14. Formerly RCW
72.13.140.]
Indeterminate sentences: Chapter 9.95 RCW.
72.02.230
72.02.230 Persons to be received for classification
and placement. The division of prisons shall receive all persons convicted of a felony by the superior court and committed by the superior court to the reception units for classification and placement in such facility as the secretary shall designate. The superintendent of these institutions shall only
receive prisoners for classification and study in the institution
upon presentation of certified copies of a judgment, sentence,
and order of commitment of the superior court and the statement of the prosecuting attorney, along with other reports as
may have been made in reference to each individual prisoner.
[1988 c 143 § 11; 1984 c 114 § 4; 1979 c 141 § 208; 1959 c
214 § 15. Formerly RCW 72.13.150.]
72.02.240
72.02.240 Secretary to determine placement—What
laws govern confinement, parole and discharge. The secretary shall determine the state correctional institution in
which the offender shall be confined during the term of
imprisonment. The confinement of any offender shall be governed by the laws applicable to the institution to which the
offender is certified for confinement, but parole and discharge shall be governed by the laws applicable to the sentence imposed by the court. [1988 c 143 § 12; 1979 c 141 §
209; 1959 c 214 § 16. Formerly RCW 72.13.160.]
72.02.250
72.02.250 Commitment of convicted female persons—Procedure as to death sentences. All female persons
convicted in the superior courts of a felony and sentenced to
a term of confinement, shall be committed to the Washington
correctional institution for women. Female persons sentenced
to death shall be committed to the Washington correctional
institution for women, notwithstanding the provisions of
RCW 10.95.170, except that the death warrant shall provide
for the execution of such death sentence at the Washington
state penitentiary as provided by RCW 10.95.160, and the
secretary of corrections shall transfer to the Washington state
penitentiary any female offender sentenced to death not later
than seventy-two hours prior to the date fixed in the death
warrant for the execution of the death sentence. The provisions of this section shall not become effective until the secretary of corrections certifies to the chief justice of the
supreme court, the chief judge of each division of the court of
appeals, the superior courts and the prosecuting attorney of
each county that the facilities and personnel for the implementation of commitments are ready to receive persons com(2004 Ed.)
72.04A.050
mitted to the Washington correctional institution for women
under the provisions of this section. [1983 c 3 § 185; 1981 c
136 § 97; 1971 c 81 § 134; 1967 ex.s. c 122 § 8. Formerly
RCW 72.15.060.]
Effective date—1981 c 136: See RCW 72.09.900.
72.02.260 Letters of inmates may be withheld. Whenever the superintendent of an institution withholds from mailing letters written by inmates of such institution, the superintendent shall forward such letters to the secretary of corrections or the secretary's designee for study and the inmate shall
be forthwith notified that such letter has been withheld from
mailing and the reason for so doing. Letters forwarded to the
secretary for study shall either be mailed within seven days to
the addressee or, if deemed objectionable by the secretary,
retained in a separate file for two years and then destroyed.
[1988 c 143 § 13; 1981 c 136 § 87; 1979 c 141 § 192; 1959 c
28 § 72.08.380. Prior: 1957 c 61 § 1. Formerly RCW
72.08.380.]
72.02.260
Effective date—1981 c 136: See RCW 72.09.900.
72.02.270 Abused victims—Murder of abuser—
Notice of provisions for reduction in sentence. The department shall advise all inmates in the department's custody who
were convicted of a murder that the inmate committed prior
to July 23, 1989, about the provisions in RCW 9.95.045,
9.95.047, and 9.94A.890. The department shall advise the
inmates of the method and deadline for submitting petitions
to the indeterminate sentence review board for review of the
inmate's sentence. The department shall issue the notice to
the inmates no later than July 1, 1993. [1993 c 144 § 6.]
72.02.270
Effective date—1993 c 144: See note following RCW 9.95.045.
72.02.280 Motion pictures. Motion pictures unrated
after November 1968 or rated X or NC-17 by the motion picture association of America shall not be shown in adult correctional facilities. [1994 sp.s. c 7 § 808.]
72.02.280
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Chapter 72.04A
Chapter 72.04A RCW
PROBATION AND PAROLE
Sections
72.04A.050 Transfer of certain powers and duties of board of prison terms
and paroles to secretary of corrections.
72.04A.070 Plans and recommendations for conditions of supervision of
parolees.
72.04A.080 Parolees subject to supervision of department—Progress
reports.
72.04A.090 Violations of parole or probation—Revision of parole conditions—Detention.
72.04A.120 Parolee assessments.
72.04A.900 RCW 72.04A.050 through 72.04A.090 inapplicable to felonies committed after July 1, 1984.
Counties may provide probation and parole services: RCW 36.01.070.
Indeterminate sentence review board: Chapter 9.95 RCW.
Siting of community-based facilities: RCW 72.65.220.
Victims of crimes, reimbursement by convicted person as condition of work
release or parole: RCW 7.68.120.
72.04A.050 Transfer of certain powers and duties of
board of prison terms and paroles to secretary of correc72.04A.050
[Title 72 RCW—page 11]
72.04A.070
Title 72 RCW: State Institutions
tions. The powers and duties of the state *board of prison
terms and paroles, relating to (1) the supervision of parolees
of any of the state penal institutions, (2) the supervision of
persons placed on probation by the courts, and (3) duties with
respect to persons conditionally pardoned by the governor,
are transferred to the secretary of corrections.
This section shall not be construed as affecting any of the
remaining powers and duties of the *board of prison terms
and paroles including, but not limited to, the following:
(1) The fixing of minimum terms of confinement of convicted persons, or the reconsideration of its determination of
minimum terms of confinement;
(2) Determining when and under what conditions a convicted person may be released from custody on parole, and
the revocation or suspension of parole or the modification or
revision of the conditions of the parole, of any convicted person. [1981 c 136 § 81; 1979 c 141 § 173; 1967 c 134 § 7.]
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective
July 1, 1986.
Effective date—1981 c 136: See RCW 72.09.900.
72.04A.070
72.04A.070 Plans and recommendations for conditions of supervision of parolees. The secretary of corrections shall cause to be prepared plans and recommendations
for the conditions of supervision under which each inmate of
any state penal institutions who is eligible for parole may be
released from custody. Such plans and recommendations
shall be submitted to the *board of prison terms and paroles
which may, at its discretion, approve, reject, or revise or
amend such plans and recommendations for the conditions of
supervision of release of inmates on parole, and, in addition,
the board may stipulate any special conditions of supervision
to be carried out by a probation and parole officer. [1981 c
136 § 82; 1979 c 141 § 174; 1967 c 134 § 9.]
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective
July 1, 1986.
Effective date—1981 c 136: See RCW 72.09.900.
probation and parole officer may arrest, or cause the arrest
and suspension of parole of, such parolee without a warrant,
pending a determination by the board. The facts and circumstances of such conduct of the parolee shall be reported by the
probation and parole officer, with recommendations, to the
*board of prison terms and paroles, who may order the revocation or suspension of parole, revise or modify the conditions of parole or take such other action as may be deemed
appropriate in accordance with RCW 9.95.120. The *board
of prison terms and paroles, after consultation with the secretary of corrections, shall make all rules and regulations concerning procedural matters, which shall include the time
when state probation and parole officers shall file with the
board reports required by this section, procedures pertaining
thereto and the filing of such information as may be necessary to enable the *board of prison terms and paroles to perform its functions under this section.
The probation and parole officers shall have like authority and power regarding the arrest and detention of a probationer who has breached a condition or conditions under
which he was granted probation by the superior court, or violates any law of the state, pending a determination by the
superior court.
In the event a probation and parole officer shall arrest or
cause the arrest and suspension of parole of a parolee or probationer in accordance with the provisions of this section,
such parolee or probationer shall be confined and detained in
the county jail of the county in which the parolee or probationer was taken into custody, and the sheriff of such county
shall receive and keep in the county jail, where room is available, all prisoners delivered thereto by the probation and
parole officer, and such parolees shall not be released from
custody on bail or personal recognizance, except upon
approval of the *board of prison terms and paroles and the
issuance by the board of an order of reinstatement on parole
on the same or modified conditions of parole. [1981 c 136 §
84; 1979 c 141 § 176; 1969 c 98 § 1; 1967 c 134 § 11.]
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective
July 1, 1986.
72.04A.080
72.04A.080 Parolees subject to supervision of department—Progress reports. Each inmate hereafter released on
parole shall be subject to the supervision of the department of
corrections, and the probation and parole officers of the
department shall be charged with the preparation of progress
reports of parolees and to give guidance and supervision to
such parolees within the conditions of a parolee's release
from custody. Copies of all progress reports prepared by the
probation and parole officers shall be supplied to the *board
of prison terms and paroles for their files and records. [1981
c 136 § 83; 1979 c 141 § 175; 1967 c 134 § 10.]
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective
July 1, 1986.
Effective date—1981 c 136: See RCW 72.09.900.
72.04A.090
72.04A.090 Violations of parole or probation—Revision of parole conditions—Detention. Whenever a parolee
breaches a condition or conditions under which he was
granted parole, or violates any law of the state or rules and
regulations of the *board of prison terms and paroles, any
[Title 72 RCW—page 12]
Effective date—1981 c 136: See RCW 72.09.900.
Severability—Effective date—1969 c 98: See notes following RCW
9.95.120.
Suspension, revision of parole, retaking violators, community corrections
officers, etc.: RCW 9.95.120.
72.04A.120
72.04A.120 Parolee assessments. (1) Any person
placed on parole shall be required to pay the monthly assessment, prescribed under subsection (2) of this section, which
shall be for the duration of the parole and which shall be considered as payment or part payment of the cost of providing
parole supervision to the parolee. The department may
exempt a person from the payment of all or any part of the
assessment based upon any of the following factors:
(a) The offender has diligently attempted but has been
unable to obtain employment which provides the offender
sufficient income to make such payments.
(b) The offender is a student in a school, college, university, or a course of vocational or technical training designed
to fit the student for gainful employment.
(2004 Ed.)
Children and Youth Services
(c) The offender has an employment handicap, as determined by an examination acceptable to or ordered by the
department.
(d) The offender's age prevents him from obtaining
employment.
(e) The offender is responsible for the support of dependents and the payment of the assessment constitutes an undue
hardship on the offender.
(f) Other extenuating circumstances as determined by
the department.
(2) The department of corrections shall adopt a rule prescribing the amount of the assessment. The department may,
if it finds it appropriate, prescribe a schedule of assessments
which shall vary in accordance with the intensity or cost of
the supervision. The department may not prescribe any
assessment which is less than ten dollars nor more than fifty
dollars.
(3) Payment of the assessed amount shall constitute a
condition of parole for purposes of the application of RCW
72.04A.090.
(4) All amounts required to be paid under this section
shall be collected by the department of corrections and
deposited by the department in the dedicated fund established
pursuant to RCW 72.11.040.
(5) This section shall not apply to parole services provided under an interstate compact pursuant to chapter 9.95
RCW or to parole services provided for offenders paroled
before June 10, 1982. [1991 c 104 § 2; 1989 c 252 § 20; 1982
c 207 § 1.]
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
72.04A.900
72.04A.900 RCW 72.04A.050 through 72.04A.090
inapplicable to felonies committed after July 1, 1984. The
following sections of law do not apply to any felony offense
committed on or after July 1, 1984: RCW 72.04A.050,
72.04A.070, 72.04A.080, and 72.04A.090. [1981 c 137 §
34.]
Severability—1981 c 137: See RCW 9.94A.910.
Chapter 72.05
Chapter 72.05 RCW
CHILDREN AND YOUTH SERVICES
Sections
72.05.010
72.05.020
72.05.130
72.05.150
72.05.152
72.05.154
72.05.160
72.05.170
72.05.200
72.05.210
72.05.300
72.05.310
72.05.400
72.05.405
72.05.410
(2004 Ed.)
Declaration of purpose.
Definitions.
Powers and duties of department—"Close security" institutions designated.
"Minimum security" institutions.
Juvenile forest camps—Industrial insurance benefits prohibited—Exceptions.
Juvenile forest camps—Industrial insurance—Eligibility for
benefits—Exceptions.
Contracts with other divisions, agencies authorized.
Counseling and consultative services.
Parental right to provide treatment preserved.
Juvenile court law—Applicability—Synonymous terms.
Parental schools—Leases, purchases—Powers of school district.
Parental schools—Personnel.
Operation of community facility—Establishing or relocating—Public participation required—Secretary's duties.
Juveniles in community facility—Infraction policy—Return to
institution upon serious violation—Definitions by rule.
Violations by juveniles in community facility—Toll-free hotline for reporting.
72.05.415
72.05.420
72.05.425
72.05.430
72.05.435
72.05.440
72.05.020
Establishing community placement oversight committees—
Review and recommendations—Liability—Travel
expenses—Notice to law enforcement of placement decisions.
Placement in community facility—Necessary conditions and
actions—Department's duties.
Student records and information—Necessary for risk assessment, security classification, and proper placement—Rules.
Placement and supervision of juveniles in community facility—Monitoring requirements—Copies of agreements.
Common use of residential group homes for juvenile offenders—Placement of juvenile convicted of a class A felony.
Eligibility for employment or volunteer position with juveniles—Must report convictions—Rules.
Child under eighteen convicted of crime amounting to felony—Placement—
Segregation from adult offenders: RCW 72.01.410.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Educational programs for residential school residents: RCW 28A.190.020
through 28A.190.060.
Employment of dental hygienist without supervision of dentist authorized:
RCW 18.29.056.
Financial responsibility for cost of detention of minor: RCW 13.16.085.
Handicapped children, parental responsibility, order of commitment: Chapter 26.40 RCW.
Minors—Mental health services, commitment: Chapter 71.34 RCW.
Uniform interstate compact on juveniles: Chapter 13.24 RCW.
72.05.010
72.05.010 Declaration of purpose. The purposes of
RCW 72.05.010 through 72.05.210 are: To provide for every
child with behavior problems, mentally and physically handicapped persons, and hearing and visually impaired children,
within the purview of RCW 72.05.010 through 72.05.210, as
now or hereafter amended, such care, guidance and instruction, control and treatment as will best serve the welfare of
the child or person and society; to insure nonpolitical and
qualified operation, supervision, management, and control of
the Green Hill school, the Maple Lane school, the Naselle
Youth Camp, the Mission Creek Youth Camp, Echo Glen,
the Cascadia Diagnostic Center, Lakeland Village, Rainier
school, the Yakima Valley school, Interlake school, Fircrest
school, the Francis Haddon Morgan Center, the Child Study
and Treatment Center and Secondary School of Western
State Hospital, and like residential state schools, camps and
centers hereafter established, and to place them under the
department of social and health services except where specified otherwise; and to provide for the persons committed or
admitted to those schools that type of care, instruction, and
treatment most likely to accomplish their rehabilitation and
restoration to normal citizenship. [1985 c 378 § 9; 1980 c
167 § 7; 1979 ex.s. c 217 § 7; 1979 c 141 § 177; 1959 c 28 §
72.05.010. Prior: 1951 c 234 § 1.]
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
Effective date—Severability—1979 ex.s. c 217: See notes following
RCW 28A.190.020.
72.05.020
72.05.020 Definitions. As used in this chapter, unless
the context requires otherwise:
(1) "Community facility" means a group care facility
operated for the care of juveniles committed to the department under RCW 13.40.185. A county detention facility that
houses juveniles committed to the department under RCW
13.40.185 pursuant to a contract with the department is not a
community facility.
[Title 72 RCW—page 13]
72.05.130
Title 72 RCW: State Institutions
(2) "Department" means the department of social and
health services.
(3) "Juvenile" means a person under the age of twentyone who has been sentenced to a term of confinement under
the supervision of the department under RCW 13.40.185.
(4) "Service provider" means the entity that operates a
community facility. [1998 c 269 § 2; 1979 c 141 § 178; 1970
ex.s. c 18 § 58; 1959 c 28 § 72.05.020. Prior: 1951 c 234 § 2.
Formerly RCW 43.19.260.]
Intent—Finding—1998 c 269: "It is the intent of the legislature to:
(1) Enhance public safety and maximize the rehabilitative potential of
juvenile offenders through modifications to licensed community residential
placements for juveniles;
(2) Ensure community support for community facilities by enabling
community participation in decisions involving these facilities and assuring
the safety of communities in which community facilities for juvenile offenders are located; and
(3) Improve public safety by strengthening the safeguards in placement, oversight, and monitoring of the juvenile offenders placed in the community, and by establishing minimum standards for operation of licensed
residential community facilities. The legislature finds that community support and participation is vital to the success of community programming."
[1998 c 269 § 1.]
Effective date—1998 c 269: "This act takes effect September 1, 1998."
[1998 c 269 § 19.]
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
other departments of the state. When the secretary determines
it necessary, the secretary may create waiting lists and set priorities for use of diagnostic services for juvenile offenders on
the basis of those most severely in need.
(3) The supervision of all persons committed or admitted
to any institution, school, or other facility operated by the
department, and the transfer of such persons from any such
institution, school, or facility to any other such school, institution, or facility: PROVIDED, That where a person has
been committed to a minimum security institution, school, or
facility by any of the superior courts of this state, a transfer to
a close security institution shall be made only with the consent and approval of such court.
(4) The supervision of parole, discharge, or other release,
and the post-institutional placement of all persons committed
to Green Hill school and Maple Lane school, or such as may
be assigned, paroled, or transferred therefrom to other facilities operated by the department. Green Hill school and Maple
Lane school are hereby designated as "close security" institutions to which shall be given the custody of children with the
most serious behavior problems. [1990 c 33 § 592; 1985 c
378 § 10; 1983 c 191 § 12; 1979 ex.s. c 217 § 8; 1979 c 141
§ 179; 1959 c 28 § 72.05.130. Prior: 1951 c 234 § 13. Formerly RCW 43.19.370.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
72.05.130
72.05.130 Powers and duties of department—"Close
security" institutions designated. The department shall
establish, maintain, operate and administer a comprehensive
program for the custody, care, education, treatment, instruction, guidance, control and rehabilitation of all persons who
may be committed or admitted to institutions, schools, or
other facilities controlled and operated by the department,
except for the programs of education provided pursuant to
RCW 28A.190.030 through 28A.190.050 which shall be
established, operated and administered by the school district
conducting the program, and in order to accomplish these
purposes, the powers and duties of the secretary shall include
the following:
(1) The assembling, analyzing, tabulating, and reproduction in report form, of statistics and other data with respect to
children with behavior problems in the state of Washington,
including, but not limited to, the extent, kind, and causes of
such behavior problems in the different areas and population
centers of the state. Such reports shall not be open to public
inspection, but shall be open to the inspection of the governor
and to the superior court judges of the state of Washington.
(2) The establishment and supervision of diagnostic
facilities and services in connection with the custody, care,
and treatment of mentally and physically handicapped, and
behavior problem children who may be committed or admitted to any of the institutions, schools, or facilities controlled
and operated by the department, or who may be referred for
such diagnosis and treatment by any superior court of this
state. Such diagnostic services may be established in connection with, or apart from, any other state institution under the
supervision and direction of the secretary. Such diagnostic
services shall be available to the superior courts of the state
for persons referred for such services by them prior to commitment, or admission to, any school, institution, or other
facility. Such diagnostic services shall also be available to
[Title 72 RCW—page 14]
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
Effective date—Severability—1979 ex.s. c 217: See notes following
RCW 28A.190.020.
72.05.150
72.05.150 "Minimum security" institutions. The
department shall have power to acquire, establish, maintain,
and operate "minimum security" facilities for the care, custody, education, and treatment of children with less serious
behavior problems. Such facilities may include parental
schools or homes, farm units, and forest camps. Admission to
such minimum security facilities shall be by juvenile court
commitment or by transfer as herein otherwise provided. In
carrying out the purposes of this section, the department may
establish or acquire the use of such facilities by gift, purchase, lease, contract, or other arrangement with existing
public entities, and to that end the secretary may execute necessary leases, contracts, or other agreements. In establishing
forest camps, the department may contract with other divisions of the state and the federal government; including, but
not limited to, the department of natural resources, the state
parks and recreation commission, the U.S. forest service, and
the national park service, on a basis whereby such camps may
be made as nearly as possible self-sustaining. Under any such
arrangement the contracting agency shall reimburse the
department for the value of services which may be rendered
by the inmates of a camp. [1979 ex.s. c 67 § 6; 1979 c 141 §
181; 1959 c 28 § 72.05.150. Prior: 1951 c 234 § 15. Formerly
RCW 43.19.390.]
Severability—1979 ex.s. c 67: See note following RCW 19.28.351.
72.05.152
72.05.152 Juvenile forest camps—Industrial insurance benefits prohibited—Exceptions. No inmate of a
juvenile forest camp who is affected by this chapter or
receives benefits pursuant to RCW 72.05.152 and 72.05.154
(2004 Ed.)
Children and Youth Services
shall be considered as an employee or to be employed by the
state or the department of social and health services or the
department of natural resources, nor shall any such inmate,
except those provided for in RCW 72.05.154, come within
any of the provisions of the workers' compensation act, or be
entitled to any benefits thereunder, whether on behalf of himself or any other person. All moneys paid to inmates shall be
considered a gratuity. [1987 c 185 § 37; 1973 c 68 § 1.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Effective date—1973 c 68: "This 1973 act shall take effect on July 1,
1973." [1973 c 68 § 3.]
72.05.154
72.05.154 Juvenile forest camps—Industrial insurance—Eligibility for benefits—Exceptions. From and after
July 1, 1973, any inmate working in a juvenile forest camp
established and operated pursuant to RCW 72.05.150, pursuant to an agreement between the department of social and
health services and the department of natural resources shall
be eligible for the benefits provided by Title 51 RCW, as now
or hereafter amended, relating to industrial insurance, with
the exceptions provided by this section.
No inmate as described in RCW 72.05.152, until
released upon an order of parole by the department of social
and health services, or discharged from custody upon expiration of sentence, or discharged from custody by order of a
court of appropriate jurisdiction, or his dependents or beneficiaries, shall be entitled to any payment for temporary disability or permanent total disability as provided for in RCW
51.32.090 or 51.32.060 respectively, as now or hereafter
amended, or to the benefits of chapter 51.36 RCW relating to
medical aid: PROVIDED, That RCW 72.05.152 and
72.05.154 shall not affect the eligibility, payment or distribution of benefits for any industrial injury to the inmate which
occurred prior to his existing commitment to the department
of social and health services.
Any and all premiums or assessments as may arise under
this section pursuant to the provisions of Title 51 RCW shall
be the obligation of and be paid by the state department of
natural resources. [1973 c 68 § 2.]
Effective date—1973 c 68: See note following RCW 72.05.152.
72.05.160
72.05.160 Contracts with other divisions, agencies
authorized. In carrying out the provisions of RCW
72.05.010 through 72.05.210, the department shall have
power to contract with other divisions or departments of the
state or its political subdivisions, with any agency of the federal government, or with any private social agency. [1979 c
141 § 182; 1959 c 28 § 72.05.160. Prior: 1951 c 234 § 16.
Formerly RCW 43.19.400.]
72.05.170
72.05.170 Counseling and consultative services. The
department may provide professional counseling services to
delinquent children and their parents, consultative services to
communities dealing with problems of children and youth,
and may give assistance to law enforcement agencies by
means of juvenile control officers who may be selected from
the field of police work. [1977 ex.s. c 80 § 45; 1959 c 28 §
72.05.170. Prior: 1955 c 240 § 1. Formerly RCW 43.19.405.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
(2004 Ed.)
72.05.400
72.05.200
72.05.200 Parental right to provide treatment preserved. Nothing in RCW 72.05.010 through 72.05.210 shall
be construed as limiting the right of a parent, guardian or person standing in loco parentis in providing any medical or
other remedial treatment recognized or permitted under the
laws of this state. [1959 c 28 § 72.05.200. Prior: 1951 c 234
§ 19. Formerly RCW 43.19.410.]
72.05.210
72.05.210 Juvenile court law—Applicability—Synonymous terms. RCW 72.05.010 through 72.05.210 shall be
construed in connection with and supplemental to the juvenile court law as embraced in chapter 13.04 RCW. Process,
procedure, probation by the court prior to commitment, and
commitment shall be as provided therein. The terms "delinquency", "delinquent" and "delinquent children" as used and
applied in the juvenile court law and the terms "behavior
problems" and "children with behavior problems" as used in
RCW 72.05.010 through 72.05.210 are synonymous and
interchangeable. [1959 c 28 § 72.05.210. Prior: 1951 c 234
§ 20. Formerly RCW 43.19.420.]
72.05.300
72.05.300 Parental schools—Leases, purchases—
Powers of school district. The department may execute
leases, with options to purchase, of parental school facilities
now or hereafter owned and operated by school districts, and
such leases with options to purchase shall include such terms
and conditions as the secretary of social and health services
deems reasonable and necessary to acquire such facilities.
Notwithstanding any provisions of the law to the contrary,
the board of directors of each school district now or hereafter
owning and operating parental school facilities may, without
submission for approval to the voters of the school district,
execute leases, with options to purchase, of such parental
school facilities, and such leases with options to purchase
shall include such terms and conditions as the board of directors deems reasonable and necessary to dispose of such facilities in a manner beneficial to the school district. The department if it enters into a lease, with an option to purchase, of
parental school facilities, may exercise its option and purchase such parental school facilities; and a school district
may, if it enters into a lease, with an option to purchase, of
parental school facilities, upon exercise of the option to purchase by the department, sell such parental school facilities
and such sale may be accomplished without first obtaining a
vote of approval from the electorate of the school district.
[1979 c 141 § 183; 1959 c 28 § 72.05.300. Prior: 1957 c 297
§ 2. Formerly RCW 43.28.160.]
72.05.310
72.05.310 Parental schools—Personnel. The department may employ personnel, including but not limited to,
superintendents and all other officers, agents, and teachers
necessary to the operation of parental schools. [1979 c 141 §
184; 1959 c 28 § 72.05.310. Prior: 1957 c 297 § 3. Formerly
RCW 43.28.170.]
72.05.400
72.05.400 Operation of community facility—Establishing or relocating—Public participation required—
Secretary's duties. (1) Whenever the department operates,
or the secretary enters a contract to operate, a community
facility, the community facility may be operated only after
[Title 72 RCW—page 15]
72.05.405
Title 72 RCW: State Institutions
the public notification and opportunities for review and comment as required by this section.
(2) The secretary shall establish a process for early and
continuous public participation in establishing or relocating
community facilities. The process shall include, at a minimum, public meetings in the local communities affected, as
well as opportunities for written and oral comments, in the
following manner:
(a) If there are more than three sites initially selected as
potential locations and the selection process by the secretary
or a service provider reduces the number of possible sites for
a community facility to no fewer than three, the secretary or
the chief operating officer of the service provider shall notify
the public of the possible siting and hold at least two public
hearings in each community where a community facility may
be sited.
(b) When the secretary or service provider has determined the community facility's location, the secretary or the
chief operating officer of the service provider shall hold at
least one additional public hearing in the community where
the community facility will be sited.
(c) When the secretary has entered negotiations with a
service provider and only one site is under consideration,
then at least two public hearings shall be held.
(d) To provide adequate notice of, and opportunity for
interested persons to comment on, a proposed location, the
secretary or the chief operating officer of the service provider
shall provide at least fourteen days' advance notice of the
meeting to all newspapers of general circulation in the community, all radio and television stations generally available to
persons in the community, any school district in which the
community facility would be sited or whose boundary is
within two miles of a proposed community facility, any
library district in which the community facility would be
sited, local business or fraternal organizations that request
notification from the secretary or agency, and any person or
property owner within a one-half mile radius of the proposed
community facility. Before initiating this process, the department shall contact local government planning agencies in the
communities containing the proposed community facility.
The department shall coordinate with local government agencies to ensure that opportunities are provided for effective citizen input and to reduce the duplication of notice and meetings.
(3) The secretary shall not issue a license to any service
provider until the service provider submits proof that the
requirements of this section have been met.
(4) This section shall apply only to community facilities
sited after September 1, 1998. [1998 c 269 § 5.]
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
72.05.405
72.05.405 Juveniles in community facility—Infraction policy—Return to institution upon serious violation—Definitions by rule. The department shall adopt an
infraction policy for juveniles placed in community facilities.
The policy shall require written documentation by the department and service providers of all infractions and violations
by juveniles of conditions set by the department. Any juvenile who commits a serious infraction or a serious violation of
conditions set by the department shall be returned to an insti[Title 72 RCW—page 16]
tution. The secretary shall not return a juvenile to a community facility until a new risk assessment has been completed
and the secretary reasonably believes that the juvenile can
adhere to the conditions set by the department. The department shall define the terms "serious infraction" and "serious
violation" in rule and shall include but not necessarily [be]
limited to the commission of any criminal offense, any
unlawful use or possession of a controlled substance, and any
use or possession of an alcoholic beverage. [1998 c 269 § 6.]
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
72.05.410
72.05.410 Violations by juveniles in community facility—Toll-free hotline for reporting. (1) The department
shall publish and operate a staffed, toll-free twenty-four-hour
hotline for the purpose of receiving reports of violation of
conditions set for juveniles who are placed in community
facilities.
(2) The department shall include the phone number on
all documents distributed to the juvenile and the juvenile's
employer, school, parents, and treatment providers.
(3) The department shall include the phone number in
every contract it executes with any service provider after September 1, 1998. [1998 c 269 § 8.]
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
72.05.415
72.05.415 Establishing community placement oversight committees—Review and recommendations—Liability—Travel expenses—Notice to law enforcement of
placement decisions. (1) Promptly following the report due
under section 17, chapter 269, Laws of 1998, the secretary
shall develop a process with local governments that allows
each community to establish a community placement oversight committee. The department may conduct community
awareness activities. The community placement oversight
committees developed pursuant to this section shall be implemented no later than September 1, 1999.
(2) The community placement oversight committees
may review and make recommendations regarding the placement of any juvenile who the secretary proposes to place in
the community facility.
(3) The community placement oversight committees,
their members, and any agency represented by a member
shall not be liable in any cause of action as a result of its decision in regard to a proposed placement of a juvenile unless
the committee acts with gross negligence or bad faith in making a placement decision.
(4) Members of the committee shall be reimbursed for
travel expenses as provided in RCW 43.03.050 and
43.03.060.
(5) Except as provided in RCW 13.40.215, at least seventy-two hours prior to placing a juvenile in a community
facility the secretary shall provide to the chief law enforcement officer of the jurisdiction in which the community facility is sited: (a) The name of the juvenile; (b) the juvenile's
criminal history; and (c) such other relevant and disclosable
information as the law enforcement officer may require.
[1998 c 269 § 9.]
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
(2004 Ed.)
Children and Youth Services
72.05.420
72.05.420 Placement in community facility—Necessary conditions and actions—Department's duties. (1)
The department shall not initially place an offender in a community facility unless:
(a) The department has conducted a risk assessment,
including a determination of drug and alcohol abuse, and the
results indicate the juvenile will pose not more than a minimum risk to public safety; and
(b) The offender has spent at least ten percent of his or
her sentence, but in no event less than thirty days, in a secure
institution operated by, or under contract with, the department.
The risk assessment must include consideration of all
prior convictions and all available nonconviction data
released upon request under RCW 10.97.050, and any serious
infractions or serious violations while under the jurisdiction
of the secretary or the courts.
(2) No juvenile offender may be placed in a community
facility until the juvenile's student records and information
have been received and the department has reviewed them in
conjunction with all other information used for risk assessment, security classification, and placement of the juvenile.
(3) A juvenile offender shall not be placed in a community facility until the department's risk assessment and security classification is complete and local law enforcement has
been properly notified. [1998 c 269 § 10.]
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
72.05.425
72.05.425 Student records and information—Necessary for risk assessment, security classification, and
proper placement—Rules. (1) The department shall establish by rule, in consultation with the office of the superintendent of public instruction, those student records and information necessary to conduct a risk assessment, make a security
classification, and ensure proper placement. Those records
shall include at least:
(a) Any history of placement in special education programs;
(b) Any past, current, or pending disciplinary action;
(c) Any history of violent, aggressive, or disruptive
behavior, or gang membership, or behavior listed in RCW
13.04.155;
(d) Any use of weapons that is illegal or in violation of
school policy;
(e) Any history of truancy;
(f) Any drug or alcohol abuse;
(g) Any health conditions affecting the juvenile's placement needs; and
(h) Any other relevant information.
(2) For purposes of this section "gang" has the meaning
defined in RCW 28A.225.225. [1998 c 269 § 13.]
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
72.05.430
72.05.430 Placement and supervision of juveniles in
community facility—Monitoring requirements—Copies
of agreements. (1) Whenever the department operates, or
the secretary enters a contract to operate, a community facility, the placement and supervision of juveniles must be
accomplished in accordance with this section.
(2004 Ed.)
72.05.430
(2) The secretary shall require that any juvenile placed in
a community facility and who is employed or assigned as a
volunteer be subject to monitoring for compliance with
requirements for attendance at his or her job or assignment.
The monitoring requirements shall be included in a written
agreement between the employer or supervisor, the secretary
or chief operating officer of the contracting agency, and the
juvenile. The requirements shall include, at a minimum, the
following:
(a) Acknowledgment of the juvenile's offender status;
(b) The name, address, and telephone number of the
community facility at which the juvenile resides;
(c) The twenty-four-hour telephone number required
under RCW 72.05.410;
(d) The name and work telephone number of all persons
responsible for the supervision of the juvenile;
(e) A prohibition on the juvenile's departure from the
work or volunteer site without prior approval of the person in
charge of the community facility;
(f) A prohibition on personal telephone calls except to
the community facility;
(g) A prohibition on receiving compensation in any form
other than a negotiable instrument;
(h) A requirement that rest breaks during work hours be
taken only in those areas at the location which are designated
for such breaks;
(i) A prohibition on visits from persons not approved in
advance by the person in charge of the community facility;
(j) A requirement that any unexcused absence, tardiness,
or departure by the juvenile be reported immediately upon
discovery to the person in charge of the community facility;
(k) A requirement that any notice from the juvenile that
he or she will not report to the work or volunteer site be verified as legitimate by contacting the person in charge of the
community facility; and
(l) An agreement that the community facility will conduct and document random visits to determine compliance by
the juvenile with the terms of this section.
(3) The secretary shall require that any juvenile placed in
a community facility and who is enrolled in a public or private school be subject to monitoring for compliance with
requirements for attendance at his or her school. The monitoring requirements shall be included in a written agreement
between the school district or appropriate administrative
officer, the secretary or chief operating officer of the contracting agency, and the juvenile. The requirements shall
include, at a minimum, the following:
(a) Acknowledgment of the juvenile's offender status;
(b) The name, address, and telephone number of the
community facility at which the juvenile resides;
(c) The twenty-four-hour telephone number required
under RCW 72.05.410;
(d) The name and work telephone number of at least two
persons at the school to contact if issues arise concerning the
juvenile's compliance with the terms of his or her attendance
at school;
(e) A prohibition on the juvenile's departure from the
school without prior approval of the appropriate person at the
school;
(f) A prohibition on personal telephone calls except to
the community facility;
[Title 72 RCW—page 17]
72.05.435
Title 72 RCW: State Institutions
(g) A requirement that the juvenile remain on school
grounds except for authorized and supervised school activities;
(h) A prohibition on visits from persons not approved in
advance by the person in charge of the community facility;
(i) A requirement that any unexcused absence or departure by the juvenile be reported immediately upon discovery
to the person in charge of the community facility;
(j) A requirement that any notice from the juvenile that
he or she will not attend school be verified as legitimate by
contacting the person in charge of the community facility;
and
(k) An agreement that the community facility will conduct and document random visits to determine compliance by
the juvenile with the terms of this section.
(4) The secretary shall require that when any juvenile
placed in a community facility is employed, assigned as a
volunteer, or enrolled in a public or private school:
(a) Program staff members shall make and document
periodic and random accountability checks while the juvenile
is at the school or work facility;
(b) A program counselor assigned to the juvenile shall
contact the juvenile's employer, teacher, or school counselor
regularly to discuss school or job performance-related issues.
(5) The department shall maintain a copy of all agreements executed under this section. The department shall also
provide each affected juvenile with a copy of every agreement to which he or she is a party. The service provider shall
maintain a copy of every agreement it executes under this
section. [1998 c 269 § 14.]
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
72.05.435
72.05.435 Common use of residential group homes
for juvenile offenders—Placement of juvenile convicted
of a class A felony. (1) The department shall establish by
rule a policy for the common use of residential group homes
for juvenile offenders under the jurisdiction of the juvenile
rehabilitation administration and the children's administration.
(2) A juvenile confined under the jurisdiction of the
juvenile rehabilitation administration who is convicted of a
class A felony is not eligible for placement in a community
facility operated by children's administration that houses
juveniles who are not under the jurisdiction of juvenile rehabilitation administration unless:
(a) The juvenile is housed in a separate living unit solely
for juvenile offenders;
(b) The community facility is a specialized treatment
program and the youth is not assessed as sexually aggressive
under RCW 13.40.470; or
(c) The community facility is a specialized treatment
program that houses one or more sexually aggressive youth
and the juvenile is not assessed as sexually vulnerable under
RCW 13.40.470. [1998 c 269 § 15.]
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
72.05.440
72.05.440 Eligibility for employment or volunteer
position with juveniles—Must report convictions—Rules.
(1) A person shall not be eligible for an employed or volun[Title 72 RCW—page 18]
teer position within the juvenile rehabilitation administration
or any agency with which it contracts in which the person
may have regular access to juveniles under the jurisdiction of
the department of social and health services or the department of corrections if the person has been convicted of one or
more of the following:
(a) Any felony sex offense;
(b) Any violent offense, as defined in RCW 9.94A.030.
(2) Subsection (1) of this section applies only to persons
hired by the department or any of its contracting agencies
after September 1, 1998.
(3) Any person employed by the juvenile rehabilitation
administration, or by any contracting agency, who may have
regular access to juveniles under the jurisdiction of the
department or the department of corrections and who is convicted of an offense set forth in this section after September
1, 1998, shall report the conviction to his or her supervisor.
The report must be made within seven days of conviction.
Failure to report within seven days of conviction constitutes
misconduct under Title 50 RCW.
(4) For purposes of this section "may have regular access
to juveniles" means access for more than a nominal amount
of time.
(5) The department shall adopt rules to implement this
section. [1998 c 269 § 16.]
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
Chapter 72.06
Chapter 72.06 RCW
MENTAL HEALTH
Sections
72.06.010
72.06.050
72.06.060
72.06.070
"Department" defined.
Mental health—Dissemination of information and advice by
department.
Mental health—Psychiatric outpatient clinics.
Mental health—Cooperation of department and state hospitals
with local programs.
Reviser's note: 1979 ex.s. c 108, which was to be added to this chapter,
has been codified as chapter 72.72 RCW.
Alcoholism, intoxication, and drug addiction treatment: Chapter 70.96A
RCW.
Minors—Mental health services, commitment: Chapter 71.34 RCW.
State hospitals for the mentally ill: Chapter 72.23 RCW.
72.06.010 "Department" defined. "Department" for
the purposes of this chapter shall mean the department of
social and health services. [1970 ex.s. c 18 § 59; 1959 c 28 §
72.06.010. Prior: 1957 c 272 § 9. Formerly RCW 43.28.040.]
72.06.010
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
72.06.050
72.06.050 Mental health—Dissemination of information and advice by department. The department shall cooperate with other departments of state government and its
political subdivisions in the following manner:
(1) By disseminating educational information relating to
the prevention, diagnosis and treatment of mental illness.
(2) Upon request therefor, by advising public officers,
organizations and agencies interested in the mental health of
the people of the state. [1977 ex.s. c 80 § 46; 1959 c 28 §
72.06.050. Prior: 1955 c 136 § 2. Formerly RCW 43.28.600.]
(2004 Ed.)
Department of Corrections
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
72.06.060
72.06.060 Mental health—Psychiatric outpatient
clinics. The department is hereby authorized to establish and
maintain psychiatric outpatient clinics at such of the several
state mental institutions as the secretary shall designate for
the prevention, diagnosis and treatment of mental illnesses,
and the services of such clinics shall be available to any citizen of the state in need thereof, when determined by a physician that such services are not otherwise available, subject to
the rules of the department. [1979 c 141 § 185; 1977 ex.s. c
80 § 47; 1959 c 28 § 72.06.060. Prior: 1955 c 136 § 3. Formerly RCW 43.28.610.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
72.09.190
72.09.200
72.09.210
72.09.220
72.09.225
72.09.230
72.09.240
72.09.251
72.09.260
72.09.300
72.09.310
72.09.315
72.09.320
72.09.330
72.09.333
72.09.335
72.09.337
72.09.340
72.06.070
72.06.070 Mental health—Cooperation of department and state hospitals with local programs. The department and the several state hospitals for the mentally ill shall
cooperate with local mental health programs by providing
necessary information, recommendations relating to proper
after care for patients paroled or discharged from such institutions and shall also supply the services of psychiatrists,
psychologists and other persons specialized in mental illness
as they are available. [1959 c 28 § 72.06.070. Prior: 1955 c
136 § 4. Formerly RCW 43.28.620.]
72.09.345
72.09.350
72.09.370
72.09.380
72.09.381
Chapter 72.09
Chapter 72.09 RCW
DEPARTMENT OF CORRECTIONS
72.09.400
72.09.410
72.09.450
Sections
72.09.010
72.09.015
72.09.030
72.09.040
72.09.050
72.09.055
72.09.057
72.09.060
72.09.070
72.09.080
72.09.090
72.09.095
72.09.100
72.09.101
72.09.104
72.09.106
72.09.110
72.09.111
72.09.115
72.09.116
72.09.120
72.09.130
72.09.135
72.09.160
(2004 Ed.)
Legislative intent.
Definitions.
Department created—Secretary.
Transfer of functions from department of social and health services.
Powers and duties of secretary.
Affordable housing—Inventory of suitable property.
Fees for reproduction, shipment, and certification of documents and records.
Organization of department—Program for public involvement
and volunteers.
Correctional industries board of directors—Duties.
Correctional industries board of directors—Appointment of
members, chair—Compensation—Support.
Correctional industries account—Expenditure—Profits—
Appropriations.
Transfer of funds to department of labor and industries for
crime victims' compensation.
Inmate work program—Classes of work programs—Participation—Benefits.
Inmate work program—Administrators' duty.
Prison work programs to operate automated data input and
retrieval systems.
Subcontracting of data input and microfilm capacities.
Inmates' wages—Supporting cost of corrections—Crime victims' compensation and family support.
Inmate wages—Deductions—Availability of savings—
Employment goals—Recovery of cost of incarceration.
Proposed new class I correctional industries work program—
Threshold analysis—Business impact analysis—Public
hearing—Finding.
Information obtained under RCW 72.09.115 exempt from
public disclosure.
Distribution of list of inmate job opportunities.
Incentive system for participation in education and work programs—Rules—Dissemination.
Adoption of standards for correctional facilities.
Corrections standards board—Responsibilities, powers, support.
72.09.460
72.09.470
72.09.480
72.09.490
72.09.500
72.09.510
72.09.520
72.09.530
72.09.540
72.09.560
72.09.580
72.09.585
72.09.590
72.09.600
72.09.610
72.09.620
72.09.630
72.09.650
72.09.900
72.09.901
72.09.902
72.09.903
72.09.904
72.09.905
Chapter 72.09
Legal services for inmates.
Transfer of files, property, and appropriations.
Transfer of employees.
Employee rights under collective bargaining.
Sexual misconduct by state employees, contractors.
Duties continued during transition.
Reimbursement of employees for offender assaults.
Communicable disease prevention guidelines.
Litter cleanup programs—Requirements.
Local law and justice council, plan—Rules—Base level of services—Juvenile justice services.
Community custody violator.
Court-ordered treatment—Violations—Required notifications.
Community placement—Liability.
Sex offenders and kidnapping offenders—Registration—
Notice to persons convicted of sex offenses and kidnapping
offenses.
Sex offenders—Facilities on McNeil Island.
Sex offenders—Treatment opportunity.
Sex offenders—Rules regarding.
Supervision of sex offenders—Public safety—Policy for
release plan evaluation and approval—Implementation, publicizing, notice—Rejection of residence locations of felony
sex offenders of minor victims—Supervised visitation considerations.
Sex offenders—Release of information to protect public—
End-of-sentence review committee—Assessment—Records
access—Review, classification, referral of offenders—Issuance of narrative notices.
Corrections mental health center—Collaborative arrangement
with University of Washington—Services for mentally ill
offenders—Annual report to the legislature.
Dangerous mentally ill offenders—Plan for postrelease treatment and support services—Rules.
Rule making—Medicaid—Secretary of corrections—Secretary of social and health services.
Rule making—Chapter 214, Laws of 1999—Secretary of corrections—Secretary of social and health services.
Work ethic camp program—Findings—Intent.
Work ethic camp program—Generally.
Limitation on denial of access to services and supplies—
Recoupment of assessments—Collections.
Inmate participation in education and work programs—Legislative intent—Priorities—Rules—Department coordination
and plans.
Inmate contributions for cost of privileges—Standards.
Inmate funds subject to deductions—Definitions—Exceptions—Child support collection actions.
Policy on extended family visitation.
Prohibition on weight-lifting.
Limitation on purchasing recreational equipment and dietary
supplements that increase muscle mass.
Limitation on purchase of televisions.
Prohibition on receipt or possession of contraband—Rules.
Inmate name change—Limitations on use—Penalty.
Camp for alien offenders.
Offender records and reports.
Mental health services information—Required inquiries and
disclosures—Release to court, individuals, indeterminate
sentence review board, state and local agencies.
Community safety.
Rules—Chapter 196, Laws of 1999.
Community custody study.
Extraordinary medical placement—Reports.
Custodial sexual misconduct—Investigation of allegations.
Use of force by limited authority Washington peace officers—
Detention of persons.
Effective date—1981 c 136.
Short title.
Construction—1981 c 136.
Savings—1981 c 136.
Construction—1999 c 196.
Short title—1999 c 196.
Disturbances at state penal facilities
development of contingency plans—Scope—Local participation: RCW
72.02.150.
reimbursement to cities and counties for certain expenses incurred: RCW
72.72.050, 72.72.060.
utilization of outside law enforcement personnel—Scope: RCW
72.02.160.
[Title 72 RCW—page 19]
72.09.010
Title 72 RCW: State Institutions
Interagency agreement on fetal alcohol exposure programs: RCW
70.96A.510.
Rule-making authority: RCW 70.24.107.
72.09.010
72.09.010 Legislative intent. It is the intent of the legislature to establish a comprehensive system of corrections
for convicted law violators within the state of Washington to
accomplish the following objectives.
(1) The system should ensure the public safety. The system should be designed and managed to provide the maximum feasible safety for the persons and property of the general public, the staff, and the inmates.
(2) The system should punish the offender for violating
the laws of the state of Washington. This punishment should
generally be limited to the denial of liberty of the offender.
(3) The system should positively impact offenders by
stressing personal responsibility and accountability and by
discouraging recidivism.
(4) The system should treat all offenders fairly and equitably without regard to race, religion, sex, national origin,
residence, or social condition.
(5) The system, as much as possible, should reflect the
values of the community including:
(a) Avoiding idleness. Idleness is not only wasteful but
destructive to the individual and to the community.
(b) Adoption of the work ethic. It is the community
expectation that all individuals should work and through their
efforts benefit both themselves and the community.
(c) Providing opportunities for self improvement. All
individuals should have opportunities to grow and expand
their skills and abilities so as to fulfill their role in the community.
(d) Linking the receipt or denial of privileges to responsible behavior and accomplishments. The individual who
works to improve himself or herself and the community
should be rewarded for these efforts. As a corollary, there
should be no rewards for no effort.
(e) Sharing in the obligations of the community. All citizens, the public and inmates alike, have a personal and fiscal
obligation in the corrections system. All communities must
share in the responsibility of the corrections system.
(6) The system should provide for prudent management
of resources. The avoidance of unnecessary or inefficient
public expenditures on the part of offenders and the department is essential. Offenders must be accountable to the
department, and the department to the public and the legislature. The human and fiscal resources of the community are
limited. The management and use of these resources can be
enhanced by wise investment, productive programs, the
reduction of duplication and waste, and the joining together
of all involved parties in a common endeavor. Since most
offenders return to the community, it is wise for the state and
the communities to make an investment in effective rehabilitation programs for offenders and the wise use of resources.
(7) The system should provide for restitution. Those who
have damaged others, persons or property, have a responsibility to make restitution for these damages.
(8) The system should be accountable to the citizens of
the state. In return, the individual citizens and local units of
government must meet their responsibilities to make the corrections system effective.
[Title 72 RCW—page 20]
(9) The system should meet those national standards
which the state determines to be appropriate. [1995 1st sp.s.
c 19 § 2; 1981 c 136 § 2.]
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
72.09.015
72.09.015 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Base level of correctional services" means the minimum level of field services the department of corrections is
required by statute to provide for the supervision and monitoring of offenders.
(2) "Contraband" means any object or communication
the secretary determines shall not be allowed to be: (a)
Brought into; (b) possessed while on the grounds of; or (c)
sent from any institution under the control of the secretary.
(3) "County" means a county or combination of counties.
(4) "Department" means the department of corrections.
(5) "Earned early release" means earned release as
authorized by RCW 9.94A.728.
(6) "Extended family visit" means an authorized visit
between an inmate and a member of his or her immediate
family that occurs in a private visiting unit located at the correctional facility where the inmate is confined.
(7) "Good conduct" means compliance with department
rules and policies.
(8) "Good performance" means successful completion of
a program required by the department, including an education, work, or other program.
(9) "Immediate family" means the inmate's children,
stepchildren, grandchildren, great grandchildren, parents,
stepparents, grandparents, great grandparents, siblings, and a
person legally married to an inmate. "Immediate family"
does not include an inmate adopted by another inmate or the
immediate family of the adopted or adopting inmate.
(10) "Indigent inmate," "indigent," and "indigency"
mean an inmate who has less than a ten-dollar balance of disposable income in his or her institutional account on the day
a request is made to utilize funds and during the thirty days
previous to the request.
(11) "Inmate" means a person committed to the custody
of the department, including but not limited to persons residing in a correctional institution or facility and persons
released on furlough, work release, or community custody,
and persons received from another state, state agency,
county, or federal jurisdiction.
(12) "Privilege" means any goods or services, education
or work programs, or earned early release days, the receipt of
which are directly linked to an inmate's (a) good conduct; and
(b) good performance. Privileges do not include any goods
or services the department is required to provide under the
state or federal Constitution or under state or federal law.
(13) "Secretary" means the secretary of corrections or his
or her designee.
(14) "Significant expansion" includes any expansion into
a new product line or service to the class I business that
results from an increase in benefits provided by the department, including a decrease in labor costs, rent, or utility rates
(for water, sewer, electricity, and disposal), an increase in
work program space, tax advantages, or other overhead costs.
(2004 Ed.)
Department of Corrections
(15) "Superintendent" means the superintendent of a correctional facility under the jurisdiction of the Washington
state department of corrections, or his or her designee.
(16) "Unfair competition" means any net competitive
advantage that a business may acquire as a result of a correctional industries contract, including labor costs, rent, tax
advantages, utility rates (water, sewer, electricity, and disposal), and other overhead costs. To determine net competitive advantage, the correctional industries board shall review
and quantify any expenses unique to operating a for-profit
business inside a prison.
(17) "Washington business" means an in-state manufacturer or service provider subject to chapter 82.04 RCW existing on June 10, 2004.
(18) "Work programs" means all classes of correctional
industries jobs authorized under RCW 72.09.100. [2004 c
167 § 6; 1995 1st sp.s. c 19 § 3; 1987 c 312 § 2.]
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
72.09.030
72.09.030 Department created—Secretary. There is
created a department of state government to be known as the
department of corrections. The executive head of the department shall be the secretary of corrections who shall be
appointed by the governor with the consent of the senate. The
secretary shall serve at the pleasure of the governor and shall
receive a salary to be fixed under RCW 43.03.040. [1981 c
136 § 3.]
72.09.040
72.09.040 Transfer of functions from department of
social and health services. All powers, duties, and functions
assigned to the secretary of social and health services and to
the department of social and health services relating to adult
correctional programs and institutions are hereby transferred
to the secretary of corrections and to the department of corrections. Except as may be specifically provided, all functions of the department of social and health services relating
to juvenile rehabilitation and the juvenile justice system shall
remain in the department of social and health services. Where
functions of the department of social and health services and
the department of corrections overlap in the juvenile rehabilitation and/or juvenile justice area, the governor may allocate
such functions between these departments. [1998 c 245 §
139; 1981 c 136 § 4.]
72.09.050
72.09.050 Powers and duties of secretary. The secretary shall manage the department of corrections and shall be
responsible for the administration of adult correctional programs, including but not limited to the operation of all state
correctional institutions or facilities used for the confinement
of convicted felons. In addition, the secretary shall have
broad powers to enter into agreements with any federal
agency, or any other state, or any Washington state agency or
local government providing for the operation of any correctional facility or program for persons convicted of felonies or
misdemeanors or for juvenile offenders. Such agreements for
counties with local law and justice councils shall be required
in the local law and justice plan pursuant to RCW 72.09.300.
The agreements may provide for joint operation or operation
by the department of corrections, alone, for by any of the
(2004 Ed.)
72.09.057
other governmental entities, alone. Beginning February 1,
1999, the secretary may expend funds appropriated for the
1997-1999 biennium to enter into agreements with any local
government or private organization in any other state, providing for the operation of any correctional facility or program
for persons convicted of felonies. Between July 1, 1999, and
June 30, 2001, the secretary may expend funds appropriated
for the 1999-01 biennium to enter into agreements with any
local government or private organization in any other state,
providing for the operation of any correctional facility or program for persons convicted of felonies. The secretary may
employ persons to aid in performing the functions and duties
of the department. The secretary may delegate any of his or
her functions or duties to department employees, including
the authority to certify and maintain custody of records and
documents on file with the department. The secretary is
authorized to promulgate standards for the department of corrections within appropriation levels authorized by the legislature.
Pursuant to the authority granted in chapter 34.05 RCW,
the secretary shall adopt rules providing for inmate restitution
when restitution is determined appropriate as a result of a disciplinary action. [1999 c 309 § 1902; 1999 c 309 § 924; 1995
c 189 § 1; 1991 c 363 § 149; 1987 c 312 § 4; 1986 c 19 § 1;
1981 c 136 § 5.]
Reviser's note: This section was amended by 1999 c 309 § 924 and by
1999 c 309 § 1902, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—1999 c 309 §§ 927-929, 931, and 1101-1902: See
note following RCW 43.79.480.
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
72.09.055
72.09.055 Affordable housing—Inventory of suitable
property. (1) The department shall identify and catalog real
property that is no longer required for department purposes
and is suitable for the development of affordable housing for
very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510. The inventory shall
include the location, approximate size, and current zoning
classification of the property. The department shall provide a
copy of the inventory to the department of community, trade,
and economic development by November 1, 1993, and every
November 1 thereafter.
(2) By November 1 of each year, beginning in 1994, the
department shall purge the inventory of real property of sites
that are no longer available for the development of affordable
housing. The department shall include an updated listing of
real property that has become available since the last update.
As used in this section, "real property" means buildings, land,
or buildings and land. [1995 c 399 § 202; 1993 c 461 § 12.]
Finding—1993 c 461: See note following RCW 43.63A.510.
72.09.057
72.09.057 Fees for reproduction, shipment, and certification of documents and records. The department may
charge reasonable fees for the reproduction, shipment, and
certification of documents, records, and other materials in the
files of the department. [1995 c 189 § 2.]
[Title 72 RCW—page 21]
72.09.060
Title 72 RCW: State Institutions
72.09.060
72.09.060 Organization of department—Program
for public involvement and volunteers. The department of
corrections may be organized into such divisions or offices as
the secretary may determine, but shall include divisions for
(1) correctional industries, (2) prisons and other custodial
institutions and (3) probation, parole, community restitution,
restitution, and other nonincarcerative sanctions. The secretary shall have at least one person on his or her staff who shall
have the responsibility for developing a program which
encourages the use of volunteers, for citizen advisory groups,
and for similar public involvement programs in the corrections area. Minimum qualification for staff assigned to public
involvement responsibilities shall include previous experience in working with volunteers or volunteer agencies. [2002
c 175 § 48; 1989 c 185 § 3; 1981 c 136 § 6.]
Effective date—2002 c 175: See note following RCW 7.80.130.
72.09.070
72.09.070 Correctional industries board of directors—Duties. (1) There is created a correctional industries
board of directors which shall have the composition provided
in RCW 72.09.080.
(2) Consistent with general department of corrections
policies and procedures pertaining to the general administration of correctional facilities, the board shall establish and
implement policy for correctional industries programs
designed to:
(a) Offer inmates meaningful employment, work experience, and training in vocations that are specifically designed
to reduce recidivism and thereby enhance public safety by
providing opportunities for legitimate means of livelihood
upon their release from custody;
(b) Provide industries which will reduce the tax burden
of corrections and save taxpayers money through production
of goods and services for sale and use;
(c) Operate correctional work programs in an effective
and efficient manner which are as similar as possible to those
provided by the private sector;
(d) Encourage the development of and provide for selection of, contracting for, and supervision of work programs
with participating private enterprise firms;
(e) Develop and select correctional industries work programs that do not unfairly compete with Washington businesses;
(f) Invest available funds in correctional industries enterprises and meaningful work programs that minimize the
impact on in-state jobs and businesses.
(3) The board of directors shall at least annually review
the work performance of the director of correctional industries division with the secretary.
(4) The director of correctional industries division shall
review and evaluate the productivity, funding, and appropriateness of all correctional work programs and report on their
effectiveness to the board and to the secretary.
(5) The board of directors shall have the authority to
identify and establish trade advisory or apprenticeship committees to advise them on correctional industries work programs. The secretary shall appoint the members of the committees.
Where a labor management trade advisory and apprenticeship committee has already been established by the
[Title 72 RCW—page 22]
department pursuant to RCW 72.62.050 the existing committee shall also advise the board of directors.
(6) The board shall develop a strategic yearly marketing
plan that shall be consistent with and work towards achieving
the goals established in the six-year phased expansion of
class I and class II correctional industries established in RCW
72.09.111. This marketing plan shall be presented to the
appropriate committees of the legislature by January 17 of
each calendar year until the goals set forth in RCW 72.09.111
are achieved. [2004 c 167 § 1; 1994 sp.s. c 7 § 535; 1993
sp.s. c 20 § 3; 1989 c 185 § 4; 1981 c 136 § 8.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Severability—1993 sp.s. c 20: See note following RCW 43.19.534.
72.09.080
72.09.080 Correctional industries board of directors—Appointment of members, chair—Compensation—
Support. (1) The correctional industries board of directors
shall consist of nine voting members, appointed by the governor. Each member shall serve a three-year staggered term.
Initially, the governor shall appoint three members to oneyear terms, three members to two-year terms, and three members to three-year terms. The speaker of the house of
representatives and the president of the senate shall each
appoint one member from each of the two largest caucuses in
their respective houses. The legislators so appointed shall be
nonvoting members and shall serve two-year terms, or until
they cease to be members of the house from which they were
appointed, whichever occurs first. The nine members
appointed by the governor shall include three representatives
from labor, three representatives from business representing
cross-sections of industries and all sizes of employers, and
three members from the general public.
(2) The board of directors shall elect a chair and such
other officers as it deems appropriate from among the voting
members.
(3) The voting members of the board of directors shall
serve with compensation pursuant to RCW 43.03.240 and
shall be reimbursed by the department for travel expenses
and per diem under RCW 43.03.050 and 43.03.060, as now
or hereafter amended. Legislative members shall be reimbursed under RCW 44.04.120, as now or hereafter amended.
(4) The secretary shall provide such staff services, facilities, and equipment as the board shall require to carry out its
duties. [1993 sp.s. c 20 § 4; 1989 c 185 § 5; 1981 c 136 § 9.]
Severability—1993 sp.s. c 20: See note following RCW 43.19.534.
72.09.090
72.09.090 Correctional industries account—Expenditure—Profits—Appropriations. The correctional industries account is established in the state treasury. The department of corrections shall deposit in the account all moneys
collected and all profits that accrue from the industrial and
agricultural operations of the department and any moneys
appropriated to the account. Moneys in the account may be
spent only for expenses arising in the correctional industries
operations.
The division's net profits from correctional industries'
sales and contracts shall be reinvested, without appropriation,
in the expansion and improvement of correctional industries.
However, the board of directors shall annually recommend
(2004 Ed.)
Department of Corrections
that some portion of the profits from correctional industries
be returned to the state general fund.
The board and secretary shall request appropriations or
increased appropriations whenever it appears that additional
money is needed to provide for the establishment and operation of a comprehensive correctional industries program.
[1989 c 185 § 6; 1987 c 7 § 203; 1981 c 136 § 10.]
Severability—1987 c 7: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1987 c 7 § 901.]
72.09.095 Transfer of funds to department of labor
and industries for crime victims' compensation. Each year
the department shall transfer twenty-five percent of the total
annual revenues and receipts received in each institutional
betterment fund subaccount to the department of labor and
industries for the purpose of providing direct benefits to
crime victims through the crime victims' compensation program as outlined in chapter 7.68 RCW. This transfer takes
priority over any expenditure of betterment funds and shall
be reflected on the monthly financial statements of each institution's betterment fund subaccount.
Any funds so transferred to the department of labor and
industries shall be in addition to the crime victims' compensation amount provided in an omnibus appropriation bill. It is
the intent of the legislature that the funds forecasted or transferred pursuant to this section shall not reduce the funding
levels provided by appropriation. [1995 c 234 § 2.]
72.09.095
Finding—1995 c 234: "The legislature finds that the responsibility for
criminal activity should fall squarely on the criminal. To the greatest extent
possible society should not be expected to have to pay the price for crimes
twice, once for the criminal activity and again by feeding, clothing, and
housing the criminal. The corrections system should be the first place criminals are given the opportunity to be responsible for paying for their criminal
act, not just through the loss of their personal freedom, but by making financial contributions to alleviate the pain and suffering of victims of crime."
[1995 c 234 § 1.]
72.09.100 Inmate work program—Classes of work
programs—Participation—Benefits. (Effective until July
1, 2005.) It is the intent of the legislature to vest in the
department the power to provide for a comprehensive inmate
work program and to remove statutory and other restrictions
which have limited work programs in the past. It is also the
intent of the legislature to ensure that the correctional industries board of directors, in developing and selecting correctional industries work programs, does not encourage the
development of, or provide for selection of or contracting for,
or the significant expansion of, any new or existing class I
correctional industries work programs that unfairly compete
with Washington businesses. The legislature intends that the
requirements relating to fair competition in the correctional
industries work programs be liberally construed by the correctional industries board of directors to protect Washington
businesses from unfair competition.
For purposes of establishing such a comprehensive program, the legislature recommends that the department consider adopting any or all, or any variation of, the following
classes of work programs:
(1) CLASS I: FREE VENTURE INDUSTRIES.
(a) The employer model industries in this class shall be
operated and managed in total or in part by any profit or non72.09.100
(2004 Ed.)
72.09.100
profit organization pursuant to an agreement between the
organization and the department. The organization shall produce goods or services for sale to both the public and private
sector.
(b) The customer model industries in this class shall be
operated and managed by the department to provide Washington state manufacturers or businesses with products or services currently produced or provided by out-of-state or foreign suppliers.
(c) The correctional industries board of directors shall
review these proposed industries, including any potential
new class I industries work program or the significant expansion of an existing class I industries work program, before the
department contracts to provide such products or services.
The review shall include the analysis required under RCW
72.09.115 to determine if the proposed correctional industries
work program will compete with any Washington business.
An agreement for a new class I correctional industries work
program, or an agreement for a significant expansion of an
existing class I correctional industries work program, that
unfairly competes with any Washington business is prohibited.
(d) The department of corrections shall supply appropriate security and custody services without charge to the participating firms.
(e) Inmates who work in free venture industries shall do
so at their own choice. They shall be paid a wage comparable
to the wage paid for work of a similar nature in the locality in
which the industry is located, as determined by the director of
correctional industries. If the director cannot reasonably
determine the comparable wage, then the pay shall not be less
than the federal minimum wage.
(f) An inmate who is employed in the class I program of
correctional industries shall not be eligible for unemployment
compensation benefits pursuant to any of the provisions of
Title 50 RCW until released on parole or discharged.
(2) CLASS II: TAX REDUCTION INDUSTRIES.
(a) Industries in this class shall be state-owned and operated enterprises designed to reduce the costs for goods and
services for tax-supported agencies and for nonprofit organizations.
(b) The industries selected for development within this
class shall, as much as possible, match the available pool of
inmate work skills and aptitudes with the work opportunities
in the free community. The industries shall be closely patterned after private sector industries but with the objective of
reducing public support costs rather than making a profit.
The products and services of this industry, including purchased products and services necessary for a complete product line, may be sold to public agencies, to nonprofit organizations, and to private contractors when the goods purchased
will be ultimately used by a public agency or a nonprofit
organization. Clothing manufactured by an industry in this
class may be donated to nonprofit organizations that provide
clothing free of charge to low-income persons.
(c)(i) Class II correctional industries products and services shall be reviewed by the correctional industries board
of directors before offering such products and services for
sale to private contractors.
(ii) The board of directors shall conduct a yearly marketing review of the products and services offered under this
[Title 72 RCW—page 23]
72.09.100
Title 72 RCW: State Institutions
subsection. Such review shall include an analysis of the
potential impact of the proposed products and services on the
Washington state business community. To avoid waste or
spoilage and consequent loss to the state when there is no
public sector market for such goods, byproducts and surpluses of timber, agricultural, and animal husbandry enterprises may be sold to private persons, at private sale. Surplus
byproducts and surpluses of timber, agricultural and animal
husbandry enterprises that cannot be sold to public agencies
or to private persons may be donated to nonprofit organizations. All sales of surplus products shall be carried out in
accordance with rules prescribed by the secretary.
(d) Security and custody services shall be provided without charge by the department of corrections.
(e) Inmates working in this class of industries shall do so
at their own choice and shall be paid for their work on a gratuity scale which shall not exceed the wage paid for work of
a similar nature in the locality in which the industry is located
and which is approved by the director of correctional industries.
(f) Subject to approval of the correctional industries
board, provisions of *RCW 41.06.380 prohibiting contracting out work performed by classified employees shall not
apply to contracts with Washington state businesses entered
into by the department of corrections through class II industries.
(3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES.
(a) Industries in this class shall be operated by the
department of corrections. They shall be designed and managed to accomplish the following objectives:
(i) Whenever possible, to provide basic work training
and experience so that the inmate will be able to qualify for
better work both within correctional industries and the free
community. It is not intended that an inmate's work within
this class of industries should be his or her final and total
work experience as an inmate.
(ii) Whenever possible, to provide forty hours of work or
work training per week.
(iii) Whenever possible, to offset tax and other public
support costs.
(b) Class III correctional industries shall be reviewed by
the correctional industries board of directors to set policy for
work crews. The department shall present to the board of
directors quarterly detail statements showing where work
crews worked, what correctional industry class, and the hours
worked. The board of directors may review any class III program at its discretion.
(c) Supervising, management, and custody staff shall be
employees of the department.
(d) All able and eligible inmates who are assigned work
and who are not working in other classes of industries shall
work in this class.
(e) Except for inmates who work in work training programs, inmates in this class shall be paid for their work in
accordance with an inmate gratuity scale. The scale shall be
adopted by the secretary of corrections.
(4) CLASS IV: COMMUNITY WORK INDUSTRIES.
(a) Industries in this class shall be operated by the
department of corrections. They shall be designed and managed to provide services in the inmate's resident community
[Title 72 RCW—page 24]
at a reduced cost. The services shall be provided to public
agencies, to persons who are poor or infirm, or to nonprofit
organizations.
(b) Class IV correctional industries shall be reviewed by
the correctional industries board of directors to set policy for
work crews. The department shall present to the board of
directors quarterly detail statements showing where work
crews worked, what correctional industry class, and the hours
worked. The board of directors may review any class IV program at its discretion. Class IV correctional industries operated in work camps established pursuant to RCW 72.64.050
are exempt from the requirements of this subsection (4)(b).
(c) Inmates in this program shall reside in facilities
owned by, contracted for, or licensed by the department of
corrections. A unit of local government shall provide work
supervision services without charge to the state and shall pay
the inmate's wage.
(d) The department of corrections shall reimburse participating units of local government for liability and workers
compensation insurance costs.
(e) Inmates who work in this class of industries shall do
so at their own choice and shall receive a gratuity which shall
not exceed the wage paid for work of a similar nature in the
locality in which the industry is located.
(5) CLASS V: COMMUNITY RESTITUTION PROGRAMS.
(a) Programs in this class shall be subject to supervision
by the department of corrections. The purpose of this class of
industries is to enable an inmate, placed on community supervision, to work off all or part of a community restitution order
as ordered by the sentencing court.
(b) Employment shall be in a community restitution program operated by the state, local units of government, or a
nonprofit agency.
(c) To the extent that funds are specifically made available for such purposes, the department of corrections shall
reimburse nonprofit agencies for workers compensation
insurance costs. [2004 c 167 § 2; 2002 c 175 § 49; 1995 1st
sp.s. c 19 § 33; 1994 c 224 § 1; 1992 c 123 § 1; 1990 c 22 §
1; 1989 c 185 § 7; 1986 c 193 § 2; 1985 c 151 § 1; 1983 c 255
§ 5; 1981 c 136 § 11.]
*Reviser's note: RCW 41.06.380 was repealed by 2002 c 354 § 403,
effective July 1, 2005.
Expiration date—2004 c 167 § 2: "Section 2 of this act expires July 1,
2005." [2004 c 167 § 13.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
Severability—1983 c 255: See RCW 72.74.900.
Fish and game projects in prison work programs subject to RCW 72.09.100:
RCW 72.63.020.
72.09.100
72.09.100 Inmate work program—Classes of work
programs—Participation—Benefits. (Effective July 1,
2005.) It is the intent of the legislature to vest in the department the power to provide for a comprehensive inmate work
program and to remove statutory and other restrictions which
have limited work programs in the past. It is also the intent of
the legislature to ensure that the correctional industries board
of directors, in developing and selecting correctional industries work programs, does not encourage the development of,
(2004 Ed.)
Department of Corrections
or provide for selection of or contracting for, or the significant expansion of, any new or existing class I correctional
industries work programs that unfairly compete with Washington businesses. The legislature intends that the requirements relating to fair competition in the correctional industries work programs be liberally construed by the correctional
industries board of directors to protect Washington businesses from unfair competition. For purposes of establishing
such a comprehensive program, the legislature recommends
that the department consider adopting any or all, or any variation of, the following classes of work programs:
(1) CLASS I: FREE VENTURE INDUSTRIES.
(a) The employer model industries in this class shall be
operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the
organization and the department. The organization shall produce goods or services for sale to both the public and private
sector.
(b) The customer model industries in this class shall be
operated and managed by the department to provide Washington state manufacturers or businesses with products or services currently produced or provided by out-of-state or foreign suppliers.
(c) The correctional industries board of directors shall
review these proposed industries, including any potential
new class I industries work program or the significant expansion of an existing class I industries work program, before the
department contracts to provide such products or services.
The review shall include the analysis required under RCW
72.09.115 to determine if the proposed correctional industries
work program will compete with any Washington business.
An agreement for a new class I correctional industries work
program, or an agreement for a significant expansion of an
existing class I correctional industries work program, that
unfairly competes with any Washington business is prohibited.
(d) The department of corrections shall supply appropriate security and custody services without charge to the participating firms.
(e) Inmates who work in free venture industries shall do
so at their own choice. They shall be paid a wage comparable
to the wage paid for work of a similar nature in the locality in
which the industry is located, as determined by the director of
correctional industries. If the director cannot reasonably
determine the comparable wage, then the pay shall not be less
than the federal minimum wage.
(f) An inmate who is employed in the class I program of
correctional industries shall not be eligible for unemployment
compensation benefits pursuant to any of the provisions of
Title 50 RCW until released on parole or discharged.
(2) CLASS II: TAX REDUCTION INDUSTRIES.
(a) Industries in this class shall be state-owned and operated enterprises designed to reduce the costs for goods and
services for tax-supported agencies and for nonprofit organizations.
(b) The industries selected for development within this
class shall, as much as possible, match the available pool of
inmate work skills and aptitudes with the work opportunities
in the free community. The industries shall be closely patterned after private sector industries but with the objective of
reducing public support costs rather than making a profit.
(2004 Ed.)
72.09.100
The products and services of this industry, including purchased products and services necessary for a complete product line, may be sold to public agencies, to nonprofit organizations, and to private contractors when the goods purchased
will be ultimately used by a public agency or a nonprofit
organization. Clothing manufactured by an industry in this
class may be donated to nonprofit organizations that provide
clothing free of charge to low-income persons.
(c)(i) Class II correctional industries products and services shall be reviewed by the correctional industries board
of directors before offering such products and services for
sale to private contractors.
(ii) The board of directors shall conduct a yearly marketing review of the products and services offered under this
subsection. Such review shall include an analysis of the
potential impact of the proposed products and services on the
Washington state business community. To avoid waste or
spoilage and consequent loss to the state, when there is no
public sector market for such goods, byproducts and surpluses of timber, agricultural, and animal husbandry enterprises may be sold to private persons, at private sale. Surplus
byproducts and surpluses of timber, agricultural and animal
husbandry enterprises that cannot be sold to public agencies
or to private persons may be donated to nonprofit organizations. All sales of surplus products shall be carried out in
accordance with rules prescribed by the secretary.
(d) Security and custody services shall be provided without charge by the department of corrections.
(e) Inmates working in this class of industries shall do so
at their own choice and shall be paid for their work on a gratuity scale which shall not exceed the wage paid for work of
a similar nature in the locality in which the industry is located
and which is approved by the director of correctional industries.
(f) Subject to approval of the correctional industries
board, provisions of RCW 41.06.142 shall not apply to contracts with Washington state businesses entered into by the
department of corrections through class II industries.
(3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES.
(a) Industries in this class shall be operated by the
department of corrections. They shall be designed and managed to accomplish the following objectives:
(i) Whenever possible, to provide basic work training
and experience so that the inmate will be able to qualify for
better work both within correctional industries and the free
community. It is not intended that an inmate's work within
this class of industries should be his or her final and total
work experience as an inmate.
(ii) Whenever possible, to provide forty hours of work or
work training per week.
(iii) Whenever possible, to offset tax and other public
support costs.
(b) Class III correctional industries shall be reviewed by
the correctional industries board of directors to set policy for
work crews. The department shall present to the board of
directors quarterly detail statements showing where work
crews worked, what correctional industry class, and the hours
worked. The board of directors may review any class III program at its discretion.
[Title 72 RCW—page 25]
72.09.101
Title 72 RCW: State Institutions
(c) Supervising, management, and custody staff shall be
employees of the department.
(d) All able and eligible inmates who are assigned work
and who are not working in other classes of industries shall
work in this class.
(e) Except for inmates who work in work training programs, inmates in this class shall be paid for their work in
accordance with an inmate gratuity scale. The scale shall be
adopted by the secretary of corrections.
(4) CLASS IV: COMMUNITY WORK INDUSTRIES.
(a) Industries in this class shall be operated by the
department of corrections. They shall be designed and managed to provide services in the inmate's resident community
at a reduced cost. The services shall be provided to public
agencies, to persons who are poor or infirm, or to nonprofit
organizations.
(b) Class IV correctional industries shall be reviewed by
the correctional industries board of directors to set policy for
work crews. The department shall present to the board of
directors quarterly detail statements showing where work
crews worked, what correctional industry class, and the hours
worked. The board of directors may review any class IV program at its discretion. Class IV correctional industries operated in work camps established pursuant to RCW 72.64.050
are exempt from the requirements of this subsection (4)(b).
(c) Inmates in this program shall reside in facilities
owned by, contracted for, or licensed by the department of
corrections. A unit of local government shall provide work
supervision services without charge to the state and shall pay
the inmate's wage.
(d) The department of corrections shall reimburse participating units of local government for liability and workers
compensation insurance costs.
(e) Inmates who work in this class of industries shall do
so at their own choice and shall receive a gratuity which shall
not exceed the wage paid for work of a similar nature in the
locality in which the industry is located.
(5) CLASS V: COMMUNITY RESTITUTION PROGRAMS.
(a) Programs in this class shall be subject to supervision
by the department of corrections. The purpose of this class of
industries is to enable an inmate, placed on community supervision, to work off all or part of a community restitution order
as ordered by the sentencing court.
(b) Employment shall be in a community restitution program operated by the state, local units of government, or a
nonprofit agency.
(c) To the extent that funds are specifically made available for such purposes, the department of corrections shall
reimburse nonprofit agencies for workers compensation
insurance costs. [2004 c 167 § 3. Prior: 2002 c 354 § 238;
2002 c 175 § 49; 1995 1st sp.s. c 19 § 33; 1994 c 224 § 1;
1992 c 123 § 1; 1990 c 22 § 1; 1989 c 185 § 7; 1986 c 193 §
2; 1985 c 151 § 1; 1983 c 255 § 5; 1981 c 136 § 11.]
Effective date—2004 c 167 § 3: "Section 3 of this act takes effect July
1, 2005." [2004 c 167 § 12.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Severability—1983 c 255: See RCW 72.74.900.
Fish and game projects in prison work programs subject to RCW 72.09.100:
RCW 72.63.020.
72.09.101 Inmate work program—Administrators'
duty. Administrators of work programs described in RCW
72.09.100 shall ensure that no inmate convicted of a sex
offense as defined in chapter 9A.44 RCW obtains access to
names, addresses, or telephone numbers of private individuals while performing his or her duties in an inmate work program. [1998 c 83 § 1.]
72.09.101
Effective date—1998 c 83: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 20, 1998]." [1998 c 83 § 2.]
72.09.104 Prison work programs to operate automated data input and retrieval systems. The department of
general administration and the department of corrections
shall implement prison work programs to operate automated
data input and retrieval systems for appropriate departments
of state government. [1983 c 296 § 3.]
72.09.104
Findings—1983 c 296: "The legislature finds and declares that the
costs of state government automated data input and retrieval are escalating.
The legislature further finds and declares that new record conversion technologies offer a promising means for coping with current records management problems." [1983 c 296 § 1.]
Policy—1983 c 296: "It is the policy of the state of Washington that
state prisons shall provide prisoners with a work environment in order that,
upon their release, inmates may have the skills necessary for the successful
reentry into society. It is also the policy of the state to promote the establishment and growth of prison industries whose work shall benefit the state."
[1983 c 296 § 2.]
72.09.106 Subcontracting of data input and microfilm capacities. Class II correctional industries may subcontract its data input and microfilm capacities to firms from the
private sector. Inmates employed under these subcontracts
will be paid in accordance with the Class I free venture industries procedures and wage scale. [1989 c 185 § 8; 1983 c 296
§ 4.]
72.09.106
Findings—Policy—1983 c 296: See notes following RCW 72.09.104.
72.09.110 Inmates' wages—Supporting cost of corrections—Crime victims' compensation and family support. All inmates working in prison industries shall participate in the cost of corrections, including costs to develop and
implement correctional industries programs, by means of
deductions from their gross wages. The secretary may direct
the state treasurer to deposit a portion of these moneys in the
crime victims compensation account. The secretary shall
direct that all moneys received by an inmate for testifying in
any judicial proceeding shall be deposited into the crime victims compensation account.
When the secretary finds it appropriate and not unduly
destructive of the work incentive, the secretary may also provide deductions for savings and family support. [1993 sp.s. c
20 § 5; 1991 c 133 § 1; 1989 c 185 § 9; 1986 c 162 § 1; 1981
c 136 § 12.]
72.09.110
Severability—1993 sp.s. c 20: See note following RCW 43.19.534.
Effective date—2002 c 175: See note following RCW 7.80.130.
72.09.111 Inmate wages—Deductions—Availability
of savings—Employment goals—Recovery of cost of
72.09.111
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
[Title 72 RCW—page 26]
(2004 Ed.)
Department of Corrections
incarceration. (1) The secretary shall deduct taxes and legal
financial obligations from the gross wages, gratuities, or
workers' compensation benefits payable directly to the
inmate under chapter 51.32 RCW, of each inmate working in
correctional industries work programs, or otherwise receiving such wages, gratuities, or benefits. The secretary shall
also deduct child support payments from the gratuities of
each inmate working in class II through class IV correctional
industries work programs. The secretary shall develop a formula for the distribution of offender wages, gratuities, and
benefits. The formula shall not reduce the inmate account
below the indigency level, as defined in RCW 72.09.015.
(a) The formula shall include the following minimum
deductions from class I gross wages and from all others earning at least minimum wage:
(i) Five percent to the public safety and education
account for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings
account;
(iii) Twenty percent to the department to contribute to
the cost of incarceration; and
(iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations
owing in any Washington state superior court.
(b) The formula shall include the following minimum
deductions from class II gross gratuities:
(i) Five percent to the public safety and education
account for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings
account;
(iii) Fifteen percent to the department to contribute to the
cost of incarceration;
(iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations
owing in any Washington state superior court; and
(v) Fifteen percent for any child support owed under a
support order.
(c) The formula shall include the following minimum
deductions from any workers' compensation benefits paid
pursuant to RCW 51.32.080:
(i) Five percent to the public safety and education
account for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings
account;
(iii) Twenty percent to the department to contribute to
the cost of incarceration; and
(iv) An amount equal to any legal financial obligations
owed by the inmate established by an order of any Washington state superior court up to the total amount of the award.
(d) The formula shall include the following minimum
deductions from class III gratuities:
(i) Five percent for the purpose of crime victims' compensation; and
(ii) Fifteen percent for any child support owed under a
support order.
(e) The formula shall include the following minimum
deduction from class IV gross gratuities:
(i) Five percent to the department to contribute to the
cost of incarceration; and
(ii) Fifteen percent for any child support owed under a
support order.
(2004 Ed.)
72.09.111
(2) Any person sentenced to life imprisonment without
possibility of release or parole under chapter 10.95 RCW or
sentenced to death shall be exempt from the requirement
under subsection (1)(a)(ii), (b)(ii), or (c)(ii).
(3) The department personal inmate savings account,
together with any accrued interest, shall only be available to
an inmate at the time of his or her release from confinement,
unless the secretary determines that an emergency exists for
the inmate, at which time the funds can be made available to
the inmate in an amount determined by the secretary. The
management of classes I, II, and IV correctional industries
may establish an incentive payment for offender workers
based on productivity criteria. This incentive shall be paid
separately from the hourly wage/gratuity rate and shall not be
subject to the specified deduction for cost of incarceration.
(4)(a) Subject to availability of funds for the correctional
industries program, the expansion of inmate employment in
class I and class II correctional industries shall be implemented according to the following schedule:
(i) Not later than June 30, 2005, the secretary shall
achieve a net increase of at least two hundred in the number
of inmates employed in class I or class II correctional industries work programs above the number so employed on June
30, 2003;
(ii) Not later than June 30, 2006, the secretary shall
achieve a net increase of at least four hundred in the number
of inmates employed in class I or class II correctional industries work programs above the number so employed on June
30, 2003;
(iii) Not later than June 30, 2007, the secretary shall
achieve a net increase of at least six hundred in the number of
inmates employed in class I or class II correctional industries
work programs above the number so employed on June 30,
2003;
(iv) Not later than June 30, 2008, the secretary shall
achieve a net increase of at least nine hundred in the number
of inmates employed in class I or class II correctional industries work programs above the number so employed on June
30, 2003;
(v) Not later than June 30, 2009, the secretary shall
achieve a net increase of at least one thousand two hundred in
the number of inmates employed in class I or class II correctional industries work programs above the number so
employed on June 30, 2003;
(vi) Not later than June 30, 2010, the secretary shall
achieve a net increase of at least one thousand five hundred in
the number of inmates employed in class I or class II correctional industries work programs above the number so
employed on June 30, 2003.
(b) Failure to comply with the schedule in this subsection
does not create a private right of action.
(5) In the event that the offender worker's wages, gratuity, or workers' compensation benefit is subject to garnishment for support enforcement, the crime victims' compensation, savings, and cost of incarceration deductions shall be
calculated on the net wages after taxes, legal financial obligations, and garnishment.
(6) The department shall explore other methods of recovering a portion of the cost of the inmate's incarceration and
for encouraging participation in work programs, including
development of incentive programs that offer inmates bene[Title 72 RCW—page 27]
72.09.115
Title 72 RCW: State Institutions
fits and amenities paid for only from wages earned while
working in a correctional industries work program.
(7) The department shall develop the necessary administrative structure to recover inmates' wages and keep records
of the amount inmates pay for the costs of incarceration and
amenities. All funds deducted from inmate wages under subsection (1) of this section for the purpose of contributions to
the cost of incarceration shall be deposited in a dedicated
fund with the department and shall be used only for the purpose of enhancing and maintaining correctional industries
work programs.
(8) It shall be in the discretion of the secretary to apportion the inmates between class I and class II depending on
available contracts and resources.
(9) Nothing in this section shall limit the authority of the
department of social and health services division of child
support from taking collection action against an inmate's
moneys, assets, or property pursuant to chapter 26.23, 74.20,
or 74.20A RCW. [2004 c 167 § 7. Prior: 2003 c 379 § 25;
2003 c 271 § 2; 2002 c 126 § 2; 1999 c 325 § 2; 1994 sp.s. c
7 § 534; 1993 sp.s. c 20 § 2.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Effective date—1994 sp.s. c 7 § 534: "Section 534 of this act shall take
effect June 30, 1994." [1994 sp.s. c 7 § 536.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1993 sp.s. c 20 § 2: "Section 2 of this act shall take
effect June 30, 1994." [1993 sp.s. c 20 § 10.]
Severability—1993 sp.s. c 20: See note following RCW 43.19.534.
posal, labor costs, and any other quantifiable expense unique
to operating in a prison. Business costs of the impacted
Washington business include rent, water, sewer, electricity,
disposal, property taxes, and labor costs including employee
taxes, unemployment insurance, and workers' compensation.
(3) The completed threshold analysis and any completed
business impact analysis with all supporting documents must
be shared in a meaningful and timely manner with local
chambers of commerce, trade or business associations, local
and state labor union organizations, and government entities
before a finding required under subsection (4) of this section
is made on the proposed new or expanded class I correctional
industries work program.
(4) If a business impact analysis is completed, the department must conduct a public hearing to take public testimony
on the business impact analysis. The department must, at a
minimum, establish a publicly accessible web site containing
information reasonably calculated to provide notice to each
Washington business assigned the same three-digit standard
industrial classification code, or the corresponding North
American industry classification system code, as the organization seeking the class I correctional industries work program agreement of the date, time, and place of the hearing.
Notice of the hearing shall be posted at least thirty days prior
to the hearing.
(5) Following the public hearing, the department shall
adopt a finding that the proposed new or expanded class I
correctional industries work program: (a) Will not compete
with any Washington business; (b) will not compete unfairly
with any Washington business; or (c) will compete unfairly
with any Washington business and is therefore prohibited
under chapter 167, Laws of 2004. [2004 c 167 § 4.]
72.09.115
72.09.115 Proposed new class I correctional industries work program—Threshold analysis—Business
impact analysis—Public hearing—Finding. (1) The
department must prepare a threshold analysis for any proposed new class I correctional industries work program or the
significant expansion of an existing class I correctional
industries work program before the department enters into an
agreement to provide such products or services. The analysis
must state whether the proposed new or expanded program
will impact any Washington business and must be based on
information sufficient to evaluate the impact on Washington
business.
(2) If the threshold analysis determines that a proposed
new or expanded class I correctional industries work program
will impact a Washington business, the department must
complete a business impact analysis before the department
enters into an agreement to provide such products or services.
The business impact analysis must include:
(a) A detailed statement identifying the scope and types
of impacts caused by the proposed new or expanded correctional industries work program on Washington businesses;
and
(b) A detailed statement of the business costs of the proposed correctional industries work program compared to the
business costs of the Washington businesses that may be
impacted by the proposed class I correctional industries work
program. Business costs of the proposed correctional industries work program include rent, water, sewer, electricity, dis[Title 72 RCW—page 28]
72.09.116
72.09.116 Information obtained under RCW
72.09.115 exempt from public disclosure. All records, documents, data, and other materials obtained under the requirements of RCW 72.09.115 from an existing correctional
industries class I work program participant or an applicant for
a proposed new or expanded class I correctional industries
work program are exempt from public disclosure under chapter 42.17 RCW. [2004 c 167 § 8.]
72.09.120
72.09.120 Distribution of list of inmate job opportunities. In order to assist inmates in finding work within
prison industries, the department shall periodically prepare
and distribute a list of prison industries' job opportunities,
which shall include job descriptions and the educational and
skill requirements for each job. [1981 c 136 § 16.]
72.09.130
72.09.130 Incentive system for participation in education and work programs—Rules—Dissemination. (1)
The department shall adopt, by rule, a system that clearly
links an inmate's behavior and participation in available education and work programs with the receipt or denial of earned
early release days and other privileges. The system shall
include increases or decreases in the degree of liberty granted
the inmate within the programs operated by the department,
access to or withholding of privileges available within correctional institutions, and recommended increases or
(2004 Ed.)
Department of Corrections
decreases in the number of earned early release days that an
inmate can earn for good conduct and good performance.
(2) Earned early release days shall be recommended by
the department as a reward for accomplishment. The system
shall be fair, measurable, and understandable to offenders,
staff, and the public. At least once in each twelve-month
period, the department shall inform the offender in writing as
to his or her conduct and performance. This written evaluation shall include reasons for awarding or not awarding recommended earned early release days for good conduct and
good performance. An inmate is not eligible to receive earned
early release days during any time in which he or she refuses
to participate in an available education or work program into
which he or she has been placed under RCW 72.09.460.
(3) The department shall provide each offender in its
custody a written description of the system created under this
section. [1995 1st sp.s. c 19 § 6; 1981 c 136 § 17.]
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
72.09.135
72.09.135 Adoption of standards for correctional
facilities. The department of corrections shall, no later than
July 1, 1987, adopt standards for the operation of state adult
correctional facilities. These standards shall be the minimums necessary to meet federal and state constitutional
requirements relating to health, safety, and welfare of
inmates and staff, and specific state and federal statutory
requirements, and to provide for the public's health, safety,
and welfare. The need for each standard shall be documented.
[1987 c 462 § 15.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
72.09.160
72.09.160 *Corrections standards board—Responsibilities, powers, support.
Reviser's note: *(1) The corrections standards board no longer exists.
See 1987 c 462 § 21.
(2) RCW 72.09.160 was amended by 1987 c 505 § 67 without reference to its repeal by 1987 c 462 § 22, effective January 1, 1988. It has been
decodified for publication purposes pursuant to RCW 1.12.025.
72.09.190
72.09.190 Legal services for inmates. (1) It is the
intent of the legislature that reasonable legal services be provided to persons committed to the custody of the department
of corrections. The department shall contract with persons or
organizations to provide legal services. The secretary shall
adopt procedures designed to minimize any conflict of interest, or appearance thereof, in respect to the provision of legal
services and the department's administration of such contracts.
(2) Persons who contract to provide legal services are
expressly forbidden to solicit plaintiffs or promote litigation
which has not been pursued initially by a person entitled to
such services under this section.
(3) Persons who contract to provide legal services shall
exhaust all informal means of resolving a legal complaint or
dispute prior to the filing of any court proceeding.
(4) Nothing in this section forbids the secretary to supplement contracted legal services with any of the following:
(a) Law libraries, (b) law student interns, and (c) volunteer
attorneys.
(2004 Ed.)
72.09.210
(5) The total due a contractor as compensation, fees, or
reimbursement under the terms of the contract shall be
reduced by the total of any other compensation, fees, or reimbursement received by or due the contractor for the performance of any legal service to inmates during the contract
period. Any amount received by a contractor under contract
which is not due under this section shall be immediately
returned by the contractor. [1981 c 136 § 23.]
72.09.200
72.09.200 Transfer of files, property, and appropriations. All reports, documents, surveys, books, records, files,
papers, and other writings in the possession of the department
of social and health services pertaining to the functions transferred by RCW 72.09.040 shall be delivered to the custody of
the department of corrections. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property
employed exclusively in carrying out the powers and duties
transferred by RCW 72.09.040 shall be made available to the
department of corrections. All funds, credits, or other assets
held in connection with the functions transferred by RCW
72.09.040 shall be assigned to the department of corrections.
Any appropriations made to the department of social and
health services for the purpose of carrying out the powers,
duties, and functions transferred by RCW 72.09.040 shall on
July 1, 1981, be transferred and credited to the department of
corrections for the purpose of carrying out the transferred
powers, duties, and functions.
Whenever any question arises as to the transfer of any
funds including unexpended balances within any accounts,
books, documents, records, papers, files, equipment, or other
tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred
under RCW 72.09.040, the director of financial management
shall make a determination as to the proper allocation and
certify the same to the state agencies concerned.
If apportionments of budgeted funds are required
because of the transfers authorized in this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer.
Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment
records in accordance with the certification. [1981 c 136 §
31.]
72.09.210
72.09.210 Transfer of employees. All employees of
the department of social and health services who are directly
employed in connection with the exercise of the powers and
performance of the duties and functions transferred to the
department of corrections by RCW 72.09.040 shall be transferred on July 1, 1981, to the jurisdiction of the department of
corrections.
All such employees classified under chapter 41.06
RCW, the state civil service law, shall be assigned to the
department of corrections. Except as otherwise provided,
such employees shall be assigned without any loss of rights,
subject to any action that may be appropriate thereafter in
accordance with the laws and rules governing the state civil
service law. [1981 c 136 § 32.]
[Title 72 RCW—page 29]
72.09.220
Title 72 RCW: State Institutions
72.09.220 Employee rights under collective bargaining. Nothing contained in RCW 72.09.010 through
72.09.190, 72.09.901, and section 13, chapter 136, Laws of
1981 may be construed to downgrade any rights of any
employee under any existing collective bargaining unit or the
provisions of any existing collective bargaining agreement
until the agreement has expired or until the bargaining unit
has been modified by action of the Washington personnel
resources board as provided by law. [1993 c 281 § 64; 1981
c 136 § 33.]
72.09.220
Effective date—1993 c 281: See note following RCW 41.06.022.
72.09.225
72.09.225 Sexual misconduct by state employees,
contractors. (1) When the secretary has reasonable cause to
believe that sexual intercourse or sexual contact between an
employee and an inmate has occurred, notwithstanding any
rule adopted under chapter 41.06 RCW the secretary shall
immediately suspend the employee.
(2) The secretary shall immediately institute proceedings
to terminate the employment of any person:
(a) Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or
sexual contact with the inmate; or
(b) Upon a guilty plea or conviction for any crime specified in chapter 9A.44 RCW when the victim was an inmate.
(3) When the secretary has reasonable cause to believe
that sexual intercourse or sexual contact between the
employee of a contractor and an inmate has occurred, the secretary shall require the employee of a contractor to be immediately removed from any employment position which would
permit the employee to have any access to any inmate.
(4) The secretary shall disqualify for employment with a
contractor in any position with access to an inmate, any person:
(a) Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or
sexual contact with the inmate; or
(b) Upon a guilty plea or conviction for any crime specified in chapter 9A.44 RCW when the victim was an inmate.
(5) The secretary, when considering the renewal of a
contract with a contractor who has taken action under subsection (3) or (4) of this section, shall require the contractor to
demonstrate that there has been significant progress made in
reducing the likelihood that any of its employees will have
sexual intercourse or sexual contact with an inmate. The secretary shall examine whether the contractor has taken steps to
improve hiring, training, and monitoring practices and
whether the employee remains with the contractor. The secretary shall not renew a contract unless he or she determines
that significant progress has been made.
(6)(a) For the purposes of RCW 50.20.060, a person terminated under this section shall be considered discharged for
misconduct.
(b)(i) The department may, within its discretion or upon
request of any member of the public, release information to
an individual or to the public regarding any person or contract
terminated under this section.
(ii) An appointed or elected public official, public
employee, or public agency as defined in RCW 4.24.470 is
immune from civil liability for damages for any discretionary
release of relevant and necessary information, unless it is
[Title 72 RCW—page 30]
shown that the official, employee, or agency acted with gross
negligence or in bad faith. The immunity provided under this
section applies to the release of relevant and necessary information to other public officials, public employees, or public
agencies, and to the public.
(iii) Except as provided in chapter 42.17 RCW, or elsewhere, nothing in this section shall impose any liability upon
a public official, public employee, or public agency for failing to release information authorized under this section.
Nothing in this section implies that information regarding
persons designated in subsection (2) of this section is confidential except as may otherwise be provided by law.
(7) The department shall adopt rules to implement this
section. The rules shall reflect the legislative intent that this
section prohibits individuals who are employed by the
department or a contractor of the department from having
sexual intercourse or sexual contact with inmates. The rules
shall also reflect the legislative intent that when a person is
employed by the department or a contractor of the department, and has sexual intercourse or sexual contact with an
inmate against the employed person's will, the termination
provisions of this section shall not be invoked.
(8) As used in this section:
(a) "Contractor" includes all subcontractors of a contractor;
(b) "Inmate" means an inmate as defined in RCW
72.09.015 or a person under the supervision of the department; and
(c) "Sexual intercourse" and "sexual contact" have the
meanings provided in RCW 9A.44.010. [1999 c 72 § 2.]
Application—1999 c 72: See note following RCW 13.40.570.
72.09.230
72.09.230 Duties continued during transition. All
state officials required to maintain contact with or provide
services to the department or secretary of social and health
services relating to adult corrections shall continue to perform the services for the department of corrections.
In order to ease the transition of adult corrections to the
department of corrections, the governor may require an interagency agreement between the department and the department of social and health services under which the department of social and health services would, on a temporary
basis, continue to perform all or part of any specified function
of the department of corrections. [1981 c 136 § 34.]
72.09.240
72.09.240 Reimbursement of employees for offender
assaults. (1) In recognition of prison overcrowding and the
hazardous nature of employment in state correctional institutions and offices, the legislature hereby provides a supplementary program to reimburse employees of the department
of corrections and the department of natural resources for
some of their costs attributable to their being the victims of
offender assaults. This program shall be limited to the reimbursement provided in this section.
(2) An employee is only entitled to receive the reimbursement provided in this section if the secretary of corrections or the commissioner of public lands, or the secretary's
or commissioner's designee, finds that each of the following
has occurred:
(2004 Ed.)
Department of Corrections
(a) An offender has assaulted the employee while the
employee is performing the employee's official duties and as
a result thereof the employee has sustained injuries which
have required the employee to miss days of work; and
(b) The assault cannot be attributable to any extent to the
employee's negligence, misconduct, or failure to comply with
any rules or conditions of employment.
(3) The reimbursement authorized under this section
shall be as follows:
(a) The employee's accumulated sick leave days shall not
be reduced for the workdays missed;
(b) For each workday missed for which the employee is
not eligible to receive compensation under chapter 51.32
RCW, the employee shall receive full pay; and
(c) In respect to workdays missed for which the
employee will receive or has received compensation under
chapter 51.32 RCW, the employee shall be reimbursed in an
amount which, when added to that compensation, will result
in the employee receiving full pay for the workdays missed.
(4) Reimbursement under this section may not last
longer than three hundred sixty-five consecutive days after
the date of the injury.
(5) The employee shall not be entitled to the reimbursement provided in subsection (3) of this section for any workday for which the secretary or the commissioner of public
lands, or the secretary's or commissioner's designee, finds
that the employee has not diligently pursued his or her compensation remedies under chapter 51.32 RCW.
(6) The reimbursement shall only be made for absences
which the secretary or the commissioner of public lands, or
the secretary's or commissioner's designee, believes are justified.
(7) While the employee is receiving reimbursement
under this section, he or she shall continue to be classified as
a state employee and the reimbursement amount shall be considered as salary or wages.
(8) All reimbursement payments required to be made to
employees under this section shall be made by the department of corrections or the department of natural resources.
The payments shall be considered as a salary or wage
expense and shall be paid by the department of corrections or
the department of natural resources in the same manner and
from the same appropriations as other salary and wage
expenses of the department of corrections or the department
of natural resources.
(9) Should the legislature revoke the reimbursement
authorized under this section or repeal this section, no
affected employee is entitled thereafter to receive the reimbursement as a matter of contractual right.
(10) For the purposes of this section, "offender" means:
(a) Offender as defined in RCW 9.94A.030; and (b) any other
person in the custody of or subject to the jurisdiction of the
department of corrections. [2002 c 77 § 2; 1988 c 149 § 1;
1984 c 246 § 9.]
Severability—1984 c 246: See note following RCW 9.94A.870.
72.09.251
72.09.251 Communicable disease prevention guidelines. (1) The department shall develop and implement policies and procedures for the uniform distribution of communicable disease prevention guidelines to all corrections staff
(2004 Ed.)
72.09.300
who, in the course of their regularly assigned job responsibilities, may come within close physical proximity to offenders
with communicable diseases.
(2) The guidelines shall identify special precautions necessary to reduce the risk of transmission of communicable
diseases.
(3) For the purposes of this section, "communicable disease" means sexually transmitted diseases, as defined in
RCW 70.24.017, diseases caused by bloodborne pathogens,
or any other illness caused by an infectious agent that can be
transmitted from one person, animal, or object to another person by direct or indirect means including transmission via an
intermediate host or vector, food, water, or air. [1997 c 345 §
4.]
Findings—Intent—1997 c 345: See note following RCW 70.24.105.
72.09.260
72.09.260 Litter cleanup programs—Requirements.
(1) The department shall assist local units of government in
establishing community restitution programs for litter
cleanup. Community restitution litter cleanup programs must
include the following: (a) Procedures for documenting the
number of community restitution hours worked in litter
cleanup by each offender; (b) plans to coordinate litter
cleanup activities with local governmental entities responsible for roadside and park maintenance; (c) insurance coverage for offenders during litter cleanup activities pursuant to
RCW 51.12.045; (d) provision of adequate safety equipment
and, if needed, weather protection gear; and (e) provision for
including felons and misdemeanants in the program.
(2) Community restitution programs established under
this section shall involve, but not be limited to, persons convicted of nonviolent, drug-related offenses.
(3) Nothing in this section shall diminish the department's authority to place offenders in community restitution
programs or to determine the suitability of offenders for specific programs.
(4) As used in this section, "litter cleanup" includes
cleanup and removal of solid waste that is illegally dumped.
[2002 c 175 § 50; 1990 c 66 § 2.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Findings—Intent—1990 c 66: "The legislature finds that the amount
of litter along the state's roadways is increasing at an alarming rate and that
local governments often lack the human and fiscal resources to remove litter
from public roads. The legislature also finds that persons committing nonviolent, drug-related offenses can often be productively engaged through programs to remove litter from county and municipal roads. It is therefore the
intent of the legislature to assist local units of government in establishing
community restitution programs for litter cleanup and to establish a funding
source for such programs." [2002 c 175 § 51; 1990 c 66 § 1.]
72.09.300
72.09.300 Local law and justice council, plan—
Rules—Base level of services—Juvenile justice services.
(1) Every county legislative authority shall by resolution or
ordinance establish a local law and justice council. The
county legislative authority shall determine the size and composition of the council, which shall include the county sheriff
and a representative of the municipal police departments
within the county, the county prosecutor and a representative
of the municipal prosecutors within the county, a representative of the city legislative authorities within the county, a representative of the county's superior, juvenile, district, and
municipal courts, the county jail administrator, the county
[Title 72 RCW—page 31]
72.09.310
Title 72 RCW: State Institutions
clerk, the county risk manager, and the secretary of corrections. Officials designated may appoint representatives.
(2) A combination of counties may establish a local law
and justice council by intergovernmental agreement. The
agreement shall comply with the requirements of this section.
(3) The local law and justice council shall develop a
local law and justice plan for the county. The council shall
design the elements and scope of the plan, subject to final
approval by the county legislative authority. The general
intent of the plan shall include seeking means to maximize
local resources including personnel and facilities, reduce
duplication of services, and share resources between local
and state government in order to accomplish local efficiencies without diminishing effectiveness. The plan shall also
include a section on jail management. This section may
include the following elements:
(a) A description of current jail conditions, including
whether the jail is overcrowded;
(b) A description of potential alternatives to incarceration;
(c) A description of current jail resources;
(d) A description of the jail population as it presently
exists and how it is projected to change in the future;
(e) A description of projected future resource requirements;
(f) A proposed action plan, which shall include recommendations to maximize resources, maximize the use of
intermediate sanctions, minimize overcrowding, avoid duplication of services, and effectively manage the jail and the
offender population;
(g) A list of proposed advisory jail standards and methods to effect periodic quality assurance inspections of the jail;
(h) A proposed plan to collect, synthesize, and disseminate technical information concerning local criminal justice
activities, facilities, and procedures;
(i) A description of existing and potential services for
offenders including employment services, substance abuse
treatment, mental health services, and housing referral services.
(4) The council may propose other elements of the plan,
which shall be subject to review and approval by the county
legislative authority, prior to their inclusion into the plan.
(5) The county legislative authority may request technical assistance in developing or implementing the plan from
other units or agencies of state or local government, which
shall include the department, the office of financial management, and the Washington association of sheriffs and police
chiefs.
(6) Upon receiving a request for assistance from a
county, the department may provide the requested assistance.
(7) The secretary may adopt rules for the submittal,
review, and approval of all requests for assistance made to
the department. The secretary may also appoint an advisory
committee of local and state government officials to recommend policies and procedures relating to the state and local
correctional systems and to assist the department in providing
technical assistance to local governments. The committee
shall include representatives of the county sheriffs, the police
chiefs, the county prosecuting attorneys, the county and city
legislative authorities, and the jail administrators. The secretary may contract with other state and local agencies and pro[Title 72 RCW—page 32]
vide funding in order to provide the assistance requested by
counties.
(8) The department shall establish a base level of state
correctional services, which shall be determined and distributed in a consistent manner statewide. The department's contributions to any local government, approved pursuant to this
section, shall not operate to reduce this base level of services.
(9) The council shall establish an advisory committee on
juvenile justice proportionality. The council shall appoint the
county juvenile court administrator and at least five citizens
as advisory committee members. The citizen advisory committee members shall be representative of the county's ethnic
and geographic diversity. The advisory committee members
shall serve two-year terms and may be reappointed. The
duties of the advisory committee include:
(a) Monitoring and reporting to the sentencing guidelines commission on the proportionality, effectiveness, and
cultural relevance of:
(i) The rehabilitative services offered by county and state
institutions to juvenile offenders; and
(ii) The rehabilitative services offered in conjunction
with diversions, deferred dispositions, community supervision, and parole;
(b) Reviewing citizen complaints regarding bias or disproportionality in that county's juvenile justice system;
(c) By September 1 of each year, beginning with 1995,
submit to the sentencing guidelines commission a report
summarizing the advisory committee's findings under (a) and
(b) of this subsection. [1996 c 232 § 7; 1994 sp.s. c 7 § 542;
1993 sp.s. c 21 § 8; 1991 c 363 § 148; 1987 c 312 § 3.]
Effective dates—1996 c 232: See note following RCW 9.94A.850.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Application—1994 sp.s. c 7 §§ 540-545: See note following RCW
13.50.010.
Effective dates—1993 sp.s. c 21: See note following RCW 82.14.310.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Purpose—1987 c 312 § 3: "It is the purpose of RCW 72.09.300 to
encourage local and state government to join in partnerships for the sharing
of resources regarding the management of offenders in the correctional system. The formation of partnerships between local and state government is
intended to reduce duplication while assuring better accountability and
offender management through the most efficient use of resources at both the
local and state level." [1987 c 312 § 1.]
72.09.310
72.09.310 Community custody violator. An inmate in
community custody who willfully discontinues making himself or herself available to the department for supervision by
making his or her whereabouts unknown or by failing to
maintain contact with the department as directed by the community corrections officer shall be deemed an escapee and
fugitive from justice, and upon conviction shall be guilty of a
class C felony under chapter 9A.20 RCW. [1992 c 75 § 6;
1988 c 153 § 6.]
Effective date—Application of increased sanctions—1988 c 153:
See notes following RCW 9.94A.030.
72.09.315
72.09.315 Court-ordered treatment—Violations—
Required notifications. (1) When an offender is under
court-ordered mental health or chemical dependency treatment in the community and the supervision of the department
(2004 Ed.)
Department of Corrections
of corrections, and the community corrections officer
becomes aware that the person is in violation of the terms of
the court's treatment order, the community corrections officer
shall notify the county designated mental health professional
or the designated chemical dependency specialist, as appropriate, of the violation and request an evaluation for purposes
of revocation of the less restrictive alternative or conditional
release.
(2) When a county designated mental health professional
or the designated chemical dependency specialist notifies the
department that an offender in a state correctional facility is
the subject of a petition for involuntary treatment under chapter 71.05 or 70.96A RCW, the department shall provide documentation of its risk assessment or other concerns to the
petitioner and the court if the department classified the
offender as a high risk or high needs offender. [2004 c 166 §
17.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
72.09.340
section and other law includes access to adequate docking
facilities on state-owned tidelands at the town of Steilacoom.
[2001 2nd sp.s. c 12 § 202.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
72.09.335
72.09.335 Sex offenders—Treatment opportunity.
The department shall provide offenders sentenced under
RCW 9.94A.712 with the opportunity for sex offender treatment during incarceration. [2001 2nd sp.s. c 12 § 305.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
72.09.337
72.09.337 Sex offenders—Rules regarding. The secretary of corrections, the secretary of social and health services, and the indeterminate sentence review board may
adopt rules to implement chapter 12, Laws of 2001 2nd sp.
sess. [2001 2nd sp.s. c 12 § 502.]
72.09.320
72.09.320 Community placement—Liability. The
state of Washington, the department and its employees, community corrections officers, their staff, and volunteers who
assist community corrections officers in the community
placement program are not liable for civil damages resulting
from any act or omission in the rendering of community
placement activities unless the act or omission constitutes
gross negligence. For purposes of this section, "volunteers" is
defined according to RCW 51.12.035. [1988 c 153 § 10.]
Effective date—Application of increased sanctions—1988 c 153:
See notes following RCW 9.94A.030.
72.09.330 Sex offenders and kidnapping offenders—
Registration—Notice to persons convicted of sex offenses
and kidnapping offenses. (1) The department shall provide
written notification to an inmate convicted of a sex offense or
kidnapping offense of the registration requirements of RCW
9A.44.130 at the time of the inmate's release from confinement and shall receive and retain a signed acknowledgement
of receipt.
(2) The department shall provide written notification to
an individual convicted of a sex offense or kidnapping
offense from another state of the registration requirements of
RCW 9A.44.130 at the time the department accepts supervision and has legal authority of the individual under the terms
and conditions of the interstate compact agreement under
RCW 9.95.270. [1997 c 113 § 8; 1990 c 3 § 405.]
72.09.330
Findings—1997 c 113: See note following RCW 4.24.550.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Sex offense and kidnapping offense defined: RCW 9A.44.130.
72.09.333 Sex offenders—Facilities on McNeil
Island. The secretary is authorized to operate a correctional
facility on McNeil Island for the confinement of sex offenders and other offenders sentenced by the courts, and to make
necessary repairs, renovations, additions, and improvements
to state property for that purpose, notwithstanding any local
comprehensive plans, development regulations, permitting
requirements, or any other local laws. Operation of the correctional facility and other state facilities authorized by this
72.09.333
(2004 Ed.)
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
72.09.340
72.09.340 Supervision of sex offenders—Public
safety—Policy for release plan evaluation and approval—
Implementation, publicizing, notice—Rejection of residence locations of felony sex offenders of minor victims—
Supervised visitation considerations. (1) In making all discretionary decisions regarding release plans for and supervision of sex offenders, the department shall set priorities and
make decisions based on an assessment of public safety risks.
(2) The department shall, no later than September 1,
1996, implement a policy governing the department's evaluation and approval of release plans for sex offenders. The policy shall include, at a minimum, a formal process by which
victims, witnesses, and other interested people may provide
information and comments to the department on potential
safety risks to specific individuals or classes of individuals
posed by a specific sex offender. The department shall make
all reasonable efforts to publicize the availability of this process through currently existing mechanisms and shall seek
the assistance of courts, prosecutors, law enforcement, and
victims' advocacy groups in doing so. Notice of an offender's
proposed residence shall be provided to all people registered
to receive notice of an offender's release under RCW
9.94A.612(2), except that in no case may this notification
requirement be construed to require an extension of an
offender's release date.
(3) For any offender convicted of a felony sex offense
against a minor victim after June 6, 1996, the department
shall not approve a residence location if the proposed residence: (a) Includes a minor victim or child of similar age or
circumstance as a previous victim who the department determines may be put at substantial risk of harm by the offender's
residence in the household; or (b) is within close proximity of
the current residence of a minor victim, unless the whereabouts of the minor victim cannot be determined or unless
such a restriction would impede family reunification efforts
ordered by the court or directed by the department of social
and health services. The department is further authorized to
reject a residence location if the proposed residence is within
[Title 72 RCW—page 33]
72.09.345
Title 72 RCW: State Institutions
close proximity to schools, child care centers, playgrounds,
or other grounds or facilities where children of similar age or
circumstance as a previous victim are present who the department determines may be put at substantial risk of harm by the
sex offender's residence at that location.
(4) When the department requires supervised visitation
as a term or condition of a sex offender's community placement under RCW 9.94A.700(6), the department shall, prior
to approving a supervisor, consider the following:
(a) The relationships between the proposed supervisor,
the offender, and the minor; (b) the proposed supervisor's
acknowledgment and understanding of the offender's prior
criminal conduct, general knowledge of the dynamics of
child sexual abuse, and willingness and ability to protect the
minor from the potential risks posed by contact with the
offender; and (c) recommendations made by the department
of social and health services about the best interests of the
child. [1996 c 215 § 3; 1990 c 3 § 708.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
72.09.345
72.09.345 Sex offenders—Release of information to
protect public—End-of-sentence review committee—
Assessment—Records access—Review, classification,
referral of offenders—Issuance of narrative notices. (1)
In addition to any other information required to be released
under this chapter, the department is authorized, pursuant to
RCW 4.24.550, to release relevant information that is necessary to protect the public concerning offenders convicted of
sex offenses.
(2) In order for public agencies to have the information
necessary to notify the public as authorized in RCW
4.24.550, the secretary shall establish and administer an endof-sentence review committee for the purposes of assigning
risk levels, reviewing available release plans, and making
appropriate referrals for sex offenders. The committee shall
assess, on a case-by-case basis, the public risk posed by sex
offenders who are: (a) Preparing for their release from confinement for sex offenses committed on or after July 1, 1984;
and (b) accepted from another state under a reciprocal agreement under the interstate compact authorized in chapter 72.74
RCW.
(3) Notwithstanding any other provision of law, the committee shall have access to all relevant records and information in the possession of public agencies relating to the
offenders under review, including police reports; prosecutors'
statements of probable cause; presentence investigations and
reports; complete judgments and sentences; current classification referrals; criminal history summaries; violation and
disciplinary reports; all psychological evaluations and psychiatric hospital reports; sex offender treatment program
reports; and juvenile records. Records and information
obtained under this subsection shall not be disclosed outside
the committee unless otherwise authorized by law.
(4) The committee shall review each sex offender under
its authority before the offender's release from confinement
or start of the offender's term of community placement or
community custody in order to: (a) Classify the offender into
a risk level for the purposes of public notification under RCW
4.24.550; (b) where available, review the offender's proposed
[Title 72 RCW—page 34]
release plan in accordance with the requirements of RCW
72.09.340; and (c) make appropriate referrals.
(5) The committee shall classify as risk level I those sex
offenders whose risk assessments indicate a low risk of reoffense within the community at large. The committee shall
classify as risk level II those offenders whose risk assessments indicate a moderate risk of reoffense within the community at large. The committee shall classify as risk level III
those offenders whose risk assessments indicate a high risk of
reoffense within the community at large.
(6) The committee shall issue to appropriate law enforcement agencies, for their use in making public notifications
under RCW 4.24.550, narrative notices regarding the pending release of sex offenders from the department's facilities.
The narrative notices shall, at a minimum, describe the identity and criminal history behavior of the offender and shall
include the department's risk level classification for the
offender. For sex offenders classified as either risk level II or
III, the narrative notices shall also include the reasons underlying the classification. [1997 c 364 § 4.]
Severability—1997 c 364: See note following RCW 4.24.550.
72.09.350
72.09.350 Corrections mental health center—Collaborative arrangement with University of Washington—
Services for mentally ill offenders—Annual report to the
legislature. (1) The department of corrections and the University of Washington may enter into a collaborative arrangement to provide improved services for mentally ill offenders
with a focus on prevention, treatment, and reintegration into
society. The participants in the collaborative arrangement
may develop a strategic plan within sixty days after May 17,
1993, to address the management of mentally ill offenders
within the correctional system, facilitating their reentry into
the community and the mental health system, and preventing
the inappropriate incarceration of mentally ill individuals.
The collaborative arrangement may also specify the establishment and maintenance of a corrections mental health center located at McNeil Island corrections center. The collaborative arrangement shall require that an advisory panel of key
stakeholders be established and consulted throughout the
development and implementation of the center. The stakeholders advisory panel shall include a broad array of interest
groups drawn from representatives of mental health, criminal
justice, and correctional systems. The stakeholders advisory
panel shall include, but is not limited to, membership from:
The department of corrections, the department of social and
health services mental health division and division of juvenile rehabilitation, regional support networks, local and
regional law enforcement agencies, the sentencing guidelines
commission, county and city jails, mental health advocacy
groups for the mentally ill, developmentally disabled, and
traumatically brain-injured, and the general public. The center established by the department of corrections and University of Washington, in consultation with the stakeholder advisory groups, shall have the authority to:
(a) Develop new and innovative treatment approaches
for corrections mental health clients;
(b) Improve the quality of mental health services within
the department and throughout the corrections system;
(2004 Ed.)
Department of Corrections
(c) Facilitate mental health staff recruitment and training
to meet departmental, county, and municipal needs;
(d) Expand research activities within the department in
the area of treatment services, the design of delivery systems,
the development of organizational models, and training for
corrections mental health care professionals;
(e) Improve the work environment for correctional
employees by developing the skills, knowledge, and understanding of how to work with offenders with special chronic
mental health challenges;
(f) Establish a more positive rehabilitative environment
for offenders;
(g) Strengthen multidisciplinary mental health collaboration between the University of Washington, other groups
committed to the intent of this section, and the department of
corrections;
(h) Strengthen department linkages between institutions
of higher education, public sector mental health systems, and
county and municipal corrections;
(i) Assist in the continued formulation of corrections
mental health policies;
(j) Develop innovative and effective recruitment and
training programs for correctional personnel working with
mentally ill offenders;
(k) Assist in the development of a coordinated continuum of mental health care capable of providing services from
corrections entry to community return; and
(l) Evaluate all current and innovative approaches developed within this center in terms of their effective and efficient
achievement of improved mental health of inmates, development and utilization of personnel, the impact of these
approaches on the functioning of correctional institutions,
and the relationship of the corrections system to mental
health and criminal justice systems. Specific attention should
be paid to evaluating the effects of programs on the reintegration of mentally ill offenders into the community and the prevention of inappropriate incarceration of mentally ill persons.
(2) The corrections mental health center may conduct
research, training, and treatment activities for the mentally ill
offender within selected sites operated by the department.
The department shall provide support services for the center
such as food services, maintenance, perimeter security, classification, offender supervision, and living unit functions.
The University of Washington may develop, implement, and
evaluate the clinical, treatment, research, and evaluation
components of the mentally ill offender center. The institute
of public policy and management may be consulted regarding
the development of the center and in the recommendations
regarding public policy. As resources permit, training within
the center shall be available to state, county, and municipal
agencies requiring the services. Other state colleges, state
universities, and mental health providers may be involved in
activities as required on a subcontract basis. Community
mental health organizations, research groups, and community
advocacy groups may be critical components of the center's
operations and involved as appropriate to annual objectives.
Mentally ill clients may be drawn from throughout the
department's population and transferred to the center as clinical need, available services, and department jurisdiction permits.
(2004 Ed.)
72.09.370
(3) The department shall prepare a report of the center's
progress toward the attainment of stated goals and provide
the report to the legislature annually. [1993 c 459 § 1.]
Effective date—1993 c 459: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 17, 1993]." [1993 c 459 § 2.]
72.09.370
72.09.370 Dangerous mentally ill offenders—Plan
for postrelease treatment and support services—Rules.
(1) The secretary shall identify offenders in confinement or
partial confinement who: (a) Are reasonably believed to be
dangerous to themselves or others; and (b) have a mental disorder. In determining an offender's dangerousness, the secretary shall consider behavior known to the department and
factors, based on research, that are linked to an increased risk
for dangerousness of mentally ill offenders and shall include
consideration of an offender's chemical dependency or abuse.
(2) Prior to release of an offender identified under this
section, a team consisting of representatives of the department of corrections, the division of mental health, and, as
necessary, the indeterminate sentence review board, other
divisions or administrations within the department of social
and health services, specifically including the division of
alcohol and substance abuse and the division of developmental disabilities, the appropriate regional support network, and
the providers, as appropriate, shall develop a plan, as determined necessary by the team, for delivery of treatment and
support services to the offender upon release. The team may
include a school district representative for offenders under
the age of twenty-one. The team shall consult with the
offender's counsel, if any, and, as appropriate, the offender's
family and community. The team shall notify the crime victim/witness program, which shall provide notice to all people
registered to receive notice under RCW 9.94A.612 of the
proposed release plan developed by the team. Victims, witnesses, and other interested people notified by the department
may provide information and comments to the department on
potential safety risk to specific individuals or classes of individuals posed by the specific offender. The team may recommend: (a) That the offender be evaluated by the county designated mental health professional, as defined in chapter
71.05 RCW; (b) department-supervised community treatment; or (c) voluntary community mental health or chemical
dependency or abuse treatment.
(3) Prior to release of an offender identified under this
section, the team shall determine whether or not an evaluation by a county designated mental health professional is
needed. If an evaluation is recommended, the supporting documentation shall be immediately forwarded to the appropriate county designated mental health professional. The supporting documentation shall include the offender's criminal
history, history of judicially required or administratively
ordered involuntary antipsychotic medication while in confinement, and any known history of involuntary civil commitment.
(4) If an evaluation by a county designated mental health
professional is recommended by the team, such evaluation
shall occur not more than ten days, nor less than five days,
prior to release.
[Title 72 RCW—page 35]
72.09.380
Title 72 RCW: State Institutions
(5) A second evaluation by a county designated mental
health professional shall occur on the day of release if
requested by the team, based upon new information or a
change in the offender's mental condition, and the initial evaluation did not result in an emergency detention or a summons
under chapter 71.05 RCW.
(6) If the county designated mental health professional
determines an emergency detention under chapter 71.05
RCW is necessary, the department shall release the offender
only to a state hospital or to a consenting evaluation and treatment facility. The department shall arrange transportation of
the offender to the hospital or facility.
(7) If the county designated mental health professional
believes that a less restrictive alternative treatment is appropriate, he or she shall seek a summons, pursuant to the provisions of chapter 71.05 RCW, to require the offender to appear
at an evaluation and treatment facility. If a summons is
issued, the offender shall remain within the corrections facility until completion of his or her term of confinement and be
transported, by corrections personnel on the day of completion, directly to the identified evaluation and treatment facility.
(8) The secretary shall adopt rules to implement this section. [2001 2nd sp.s. c 12 § 362; 1999 c 214 § 2.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Intent—1999 c 214: "The legislature intends to improve the process of
identifying, and providing additional mental health treatment for, persons:
(1) Determined to be dangerous to themselves or others as a result of a mental disorder or a combination of a mental disorder and chemical dependency
or abuse; and (2) under, or being released from, confinement or partial confinement of the department of corrections.
The legislature does not create a presumption that any person subject to
the provisions of this act is dangerous as a result of a mental disorder or
chemical dependency or abuse. The legislature intends that every person
subject to the provisions of this act retain the amount of liberty consistent
with his or her condition, behavior, and legal status and that any restraint of
liberty be done solely on the basis of forensic and clinical practices and standards." [1999 c 214 § 1.]
Effective date—1999 c 214: "Sections 1, 2, and 4 through 9 of this act
take effect March 15, 2000." [1999 c 214 § 12.]
72.09.380
72.09.380 Rule making—Medicaid—Secretary of
corrections—Secretary of social and health services. The
secretaries of the department of corrections and the department of social and health services shall adopt rules and
develop working agreements which will ensure that offenders
identified under RCW 72.09.370(1) will be assisted in making application for medicaid to facilitate a decision regarding
their eligibility for such entitlements prior to the end of their
term of confinement in a correctional facility. [1999 c 214 §
3.]
Intent—1999 c 214: See note following RCW 72.09.370.
72.09.381
72.09.381 Rule making—Chapter 214, Laws of
1999—Secretary of corrections—Secretary of social and
health services. The secretary of the department of corrections and the secretary of the department of social and health
services shall, in consultation with the regional support networks and provider representatives, each adopt rules as nec[Title 72 RCW—page 36]
essary to implement chapter 214, Laws of 1999. [1999 c 214
§ 11.]
Intent—1999 c 214: See note following RCW 72.09.370.
72.09.400
72.09.400 Work ethic camp program—Findings—
Intent. The legislature finds that high crime rates and a
heightened sense of vulnerability have led to increased public
pressure on criminal justice officials to increase offender
punishment and remove the most dangerous criminals from
the streets. As a result, there is unprecedented growth in the
corrections populations and overcrowding of prisons and
local jails. Skyrocketing costs and high rates of recidivism
have become issues of major public concern. Attention must
be directed towards implementing a long-range corrections
strategy that focuses on inmate responsibility through intensive work ethic training.
The legislature finds that many offenders lack basic life
skills and have been largely unaffected by traditional correctional philosophies and programs. In addition, many firsttime offenders who enter the prison system learn more about
how to be criminals than the important qualities, values, and
skills needed to successfully adapt to a life without crime.
The legislature finds that opportunities for offenders to
improve themselves are extremely limited and there has not
been adequate emphasis on alternatives to total confinement
for nonviolent offenders.
The legislature finds that the explosion of drug crimes
since the inception of the sentencing reform act and the
response of the criminal justice system have resulted in a
much higher proportion of substance abuse-affected offenders in the state's prisons and jails. The needs of this population differ from those of other offenders and present a great
challenge to the system. The problems are exacerbated by the
shortage of drug treatment and counseling programs both in
and outside of prisons.
The legislature finds that the concept of a work ethic
camp that requires the offender to complete an appropriate
and balanced combination of highly structured and goal-oriented work programs such as correctional industries based
work camps and/or class I and class II work projects, drug
rehabilitation, and intensive life management work ethic
training, can successfully reduce offender recidivism and
lower the overall cost of incarceration.
It is the purpose and intent of RCW 72.09.400 through
*72.09.420, 9.94A.690, and **section 5, chapter 338, Laws
of 1993 to implement a regimented work ethic camp that is
designed to directly address the high rate of recidivism,
reduce upwardly spiraling prison costs, preserve scarce and
high cost prison space for the most dangerous offenders, and
provide judges with a tough and sound alternative to traditional incarceration without compromising public safety.
[1993 c 338 § 1.]
Reviser's note: *(1) RCW 72.09.420 was repealed by 1998 c 273 § 1.
**(2) 1993 c 338 § 5 was vetoed by the governor.
Severability—1993 c 338: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 338 § 8.]
Effective date—1993 c 338: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 338 § 9.]
(2004 Ed.)
Department of Corrections
Sentencing: RCW 9.94A.690.
72.09.410
72.09.410 Work ethic camp program—Generally.
The department of corrections shall establish one work ethic
camp. The secretary shall locate the work ethic camp within
an already existing department compound or facility, or in a
facility that is scheduled to come on line within the initial
implementation date outlined in this section. The facility
selected for the camp shall appropriately accommodate the
logistical and cost-effective objectives contained in RCW
72.09.400 through *72.09.420, 9.94A.690, and **section 5,
chapter 338, Laws of 1993. The department shall be ready to
assign inmates to the camp one hundred twenty days after
July 1, 1993. The department shall establish the work ethic
camp program cycle to last from one hundred twenty to one
hundred eighty days. The department shall develop all
aspects of the work ethic camp program including, but not
limited to, program standards, conduct standards, educational
components including general education development test
achievement, offender incentives, drug rehabilitation program parameters, individual and team work goals, techniques
for improving the offender's self-esteem, citizenship skills for
successful living in the community, measures to hold the
offender accountable for his or her behavior, and the successful completion of the work ethic camp program granted to the
offender based on successful attendance, participation, and
performance as defined by the secretary. The work ethic
camp shall be designed and implemented so that offenders
are continually engaged in meaningful activities and unstructured time is kept to a minimum. In addition, the department
is encouraged to explore the integration and overlay of a military style approach to the work ethic camp. [1993 c 338 § 3.]
Reviser's note: *(1) RCW 72.09.420 was repealed by 1998 c 273 § 1.
**(2) 1993 c 338 § 5 was vetoed by the governor.
Severability—Effective date—1993 c 338: See notes following RCW
72.09.400.
72.09.460
contract with collection agencies for collection of the debts.
The costs for general administration or collection agency services shall be paid by the debtor. Any contract with a collection agency shall only be awarded after competitive bidding.
Factors the department shall consider in awarding a collection contract include but are not limited to a collection
agency's history and reputation in the community; and the
agency's access to a local data base that may increase the efficiency of its collections. The servicing of an unpaid obligation to the department does not constitute assignment of a
debt, and no contract with a collection agency may remove
the department's control over unpaid obligations owed to the
department. [1996 c 277 § 1; 1995 1st sp.s. c 19 § 4.]
Findings—Purpose—1995 1st sp.s. c 19: "The legislature finds the
increasing number of inmates incarcerated in state correctional institutions,
and the expenses associated with their incarceration, require expanded
efforts to contain corrections costs. Cost containment requires improved
planning and oversight, and increased accountability and responsibility on
the part of inmates and the department.
The legislature further finds motivating inmates to participate in meaningful education and work programs in order to learn transferable skills and
earn basic privileges is an effective and efficient way to meet the penological
objectives of the corrections system.
The purpose of this act is to assure that the department fulfills its mission to reduce offender recidivism, to mirror the values of the community by
clearly linking inmate behavior to receipt of privileges, and to prudently
manage the resources it receives through tax dollars. This purpose is accomplished through the implementation of specific cost-control measures and
creation of a planning and oversight process that will improve the department's effectiveness and efficiencies." [1995 1st sp.s. c 19 § 1.]
Short title—1995 1st sp.s. c 19: "This act shall be known as the department of corrections cost-efficiency and inmate responsibility omnibus act."
[1995 1st sp.s. c 19 § 37.]
Severability—1995 1st sp.s. c 19: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 1st sp.s. c 19 § 38.]
Effective date—1995 1st sp.s. c 19: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [June 15, 1995]." [1995 1st sp.s. c 19 § 40.]
72.09.450
72.09.450 Limitation on denial of access to services
and supplies—Recoupment of assessments—Collections.
(1) An inmate shall not be denied access to services or supplies required by state or federal law solely on the basis of his
or her inability to pay for them.
(2) The department shall record all lawfully authorized
assessments for services or supplies as a debt to the department. The department shall recoup the assessments when the
inmate's institutional account exceeds the indigency standard,
and may pursue other remedies to recoup the assessments
after the period of incarceration.
(3) The department shall record as a debt any costs
assessed by a court against an inmate plaintiff where the state
is providing defense pursuant to chapter 4.92 RCW. The
department shall recoup the debt when the inmate's institutional account exceeds the indigency standard and may pursue other remedies to recoup the debt after the period of
incarceration.
(4) In order to maximize the cost-efficient collection of
unpaid offender debt existing after the period of an offender's
incarceration, the department is authorized to use the following nonexclusive options: (a) Use the collection services
available through the department of general administration,
or (b) notwithstanding any provision of chapter 41.06 RCW,
(2004 Ed.)
72.09.460
72.09.460 Inmate participation in education and
work programs—Legislative intent—Priorities—Rules—
Department coordination and plans. (1) The legislature
intends that all inmates be required to participate in department-approved education programs, work programs, or both,
unless exempted under subsection (4) of this section. Eligible inmates who refuse to participate in available education
or work programs available at no charge to the inmates shall
lose privileges according to the system established under
RCW 72.09.130. Eligible inmates who are required to contribute financially to an education or work program and
refuse to contribute shall be placed in another work program.
Refusal to contribute shall not result in a loss of privileges.
The legislature recognizes more inmates may agree to participate in education and work programs than are available. The
department must make every effort to achieve maximum
public benefit by placing inmates in available and appropriate
education and work programs.
(2) The department shall provide access to a program of
education to all offenders who are under the age of eighteen
and who have not met high school graduation or general
equivalency diploma requirements in accordance with chapter 28A.193 RCW. The program of education established by
[Title 72 RCW—page 37]
72.09.460
Title 72 RCW: State Institutions
the department and education provider under RCW
28A.193.020 for offenders under the age of eighteen must
provide each offender a choice of curriculum that will assist
the inmate in achieving a high school diploma or general
equivalency diploma. The program of education may include
but not be limited to basic education, prevocational training,
work ethic skills, conflict resolution counseling, substance
abuse intervention, and anger management counseling. The
curriculum may balance these and other rehabilitation, work,
and training components.
(3) The department shall, to the extent possible and considering all available funds, prioritize its resources to meet
the following goals for inmates in the order listed:
(a) Achievement of basic academic skills through
obtaining a high school diploma or its equivalent and
achievement of vocational skills necessary for purposes of
work programs and for an inmate to qualify for work upon
release;
(b) Additional work and education programs based on
assessments and placements under subsection (5) of this section; and
(c) Other work and education programs as appropriate.
(4) The department shall establish, by rule, objective
medical standards to determine when an inmate is physically
or mentally unable to participate in available education or
work programs. When the department determines an inmate
is permanently unable to participate in any available education or work program due to a medical condition, the inmate
is exempt from the requirement under subsection (1) of this
section. When the department determines an inmate is temporarily unable to participate in an education or work program due to a medical condition, the inmate is exempt from
the requirement of subsection (1) of this section for the period
of time he or she is temporarily disabled. The department
shall periodically review the medical condition of all temporarily disabled inmates to ensure the earliest possible entry or
reentry by inmates into available programming.
(5) The department shall establish, by rule, standards for
participation in department-approved education and work
programs. The standards shall address the following areas:
(a) Assessment. The department shall assess all inmates
for their basic academic skill levels using a professionally
accepted method of scoring reading, math, and language
skills as grade level equivalents. The department shall determine an inmate's education history, work history, and vocational or work skills. The initial assessment shall be conducted, whenever possible, within the first thirty days of an
inmate's entry into the correctional system, except that initial
assessments are not required for inmates who are sentenced
to life without the possibility of release, assigned to an intensive management unit within the first thirty days after entry
into the correctional system, are returning to the correctional
system within one year of a prior release, or whose physical
or mental condition renders them unable to complete the
assessment process. The department shall track and record
changes in the basic academic skill levels of all inmates
reflected in any testing or assessment performed as part of
their education programming;
(b) Placement. The department shall follow the policies
set forth in subsection (1) of this section in establishing criteria for placing inmates in education and work programs. The
[Title 72 RCW—page 38]
department shall, to the extent possible, place all inmates
whose composite grade level score for basic academic skills
is below the eighth grade level in a combined education and
work program. The placement criteria shall include at least
the following factors:
(i) An inmate's release date and custody level. An
inmate shall not be precluded from participating in an education or work program solely on the basis of his or her release
date, except that inmates with a release date of more than one
hundred twenty months in the future shall not comprise more
than ten percent of inmates participating in a new class I correctional industry not in existence on June 10, 2004;
(ii) An inmate's education history and basic academic
skills;
(iii) An inmate's work history and vocational or work
skills;
(iv) An inmate's economic circumstances, including but
not limited to an inmate's family support obligations; and
(v) Where applicable, an inmate's prior performance in
department-approved education or work programs;
(c) Performance and goals. The department shall establish, and periodically review, inmate behavior standards and
program goals for all education and work programs. Inmates
shall be notified of applicable behavior standards and program goals prior to placement in an education or work program and shall be removed from the education or work program if they consistently fail to meet the standards or goals;
(d) Financial responsibility. (i) The department shall
establish a formula by which inmates, based on their ability
to pay, shall pay all or a portion of the costs or tuition of certain programs. Inmates shall, based on the formula, pay a
portion of the costs or tuition of participation in:
(A) Second and subsequent vocational programs associated with an inmate's work programs; and
(B) An associate of arts or baccalaureate degree program
when placement in a degree program is the result of a placement made under this subsection;
(ii) Inmates shall pay all costs and tuition for participation in:
(A) Any postsecondary academic degree program which
is entered independently of a placement decision made under
this subsection; and
(B) Second and subsequent vocational programs not
associated with an inmate's work program.
Enrollment in any program specified in (d)(ii) of this
subsection shall only be allowed by correspondence or if
there is an opening in an education or work program at the
institution where an inmate is incarcerated and no other
inmate who is placed in a program under this subsection will
be displaced; and
(e) Notwithstanding any other provision in this section,
an inmate sentenced to life without the possibility of release:
(i) Shall not be required to participate in education programming; and
(ii) May receive not more than one postsecondary academic degree in a program offered by the department or its
contracted providers.
If an inmate sentenced to life without the possibility of
release requires prevocational or vocational training for a
work program, he or she may participate in the training subject to this section.
(2004 Ed.)
Department of Corrections
(6) The department shall coordinate education and work
programs among its institutions, to the greatest extent possible, to facilitate continuity of programming among inmates
transferred between institutions. Before transferring an
inmate enrolled in a program, the department shall consider
the effect the transfer will have on the inmate's ability to continue or complete a program. This subsection shall not be
used to delay or prohibit a transfer necessary for legitimate
safety or security concerns.
(7) Before construction of a new correctional institution
or expansion of an existing correctional institution, the
department shall adopt a plan demonstrating how cable,
closed-circuit, and satellite television will be used for education and training purposes in the institution. The plan shall
specify how the use of television in the education and training
programs will improve inmates' preparedness for available
work programs and job opportunities for which inmates may
qualify upon release.
(8) The department shall adopt a plan to reduce the perpupil cost of instruction by, among other methods, increasing
the use of volunteer instructors and implementing technological efficiencies. The plan shall be adopted by December
1996 and shall be transmitted to the legislature upon adoption. The department shall, in adoption of the plan, consider
distance learning, satellite instruction, video tape usage, computer-aided instruction, and flexible scheduling of offender
instruction.
(9) Following completion of the review required by section 27(3), chapter 19, Laws of 1995 1st sp. sess. the department shall take all necessary steps to assure the vocation and
education programs are relevant to work programs and skills
necessary to enhance the employability of inmates upon
release. [2004 c 167 § 5; 1998 c 244 § 10; 1997 c 338 § 43;
1995 1st sp.s. c 19 § 5.]
Effective date—1998 c 244 § 10: "Section 10 of this act takes effect
September 1, 1998." [1998 c 244 § 18.]
Severability—1998 c 244: See RCW 28A.193.901.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
72.09.470
72.09.470 Inmate contributions for cost of privileges—Standards. To the greatest extent practical, all
inmates shall contribute to the cost of privileges. The department shall establish standards by which inmates shall contribute a portion of the department's capital costs of providing
privileges, including television cable access, extended family
visitation, weight lifting, and other recreational sports equipment and supplies. The standards shall also require inmates to
contribute a significant portion of the department's operating
costs directly associated with providing privileges, including
staff and supplies. Inmate contributions may be in the form of
individual user fees assessed against an inmate's institution
account, deductions from an inmate's gross wages or gratuities, or inmates' collective contributions to the institutional
welfare/betterment fund. The department shall make every
effort to maximize individual inmate contributions to payment for privileges. The department shall not limit inmates'
(2004 Ed.)
72.09.480
financial support for privileges to contributions from the
institutional welfare/ betterment fund. The standards shall
consider the assets available to the inmates, the cost of
administering compliance with the contribution requirements, and shall promote a responsible work ethic. [1995 1st
sp.s. c 19 § 7.]
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
72.09.480
72.09.480 Inmate funds subject to deductions—Definitions—Exceptions—Child support collection actions.
(1) Unless the context clearly requires otherwise, the definitions in this section apply to this section.
(a) "Cost of incarceration" means the cost of providing
an inmate with shelter, food, clothing, transportation, supervision, and other services and supplies as may be necessary
for the maintenance and support of the inmate while in the
custody of the department, based on the average per inmate
costs established by the department and the office of financial
management.
(b) "Minimum term of confinement" means the minimum amount of time an inmate will be confined in the custody of the department, considering the sentence imposed and
adjusted for the total potential earned early release time available to the inmate.
(c) "Program" means any series of courses or classes
necessary to achieve a proficiency standard, certificate, or
postsecondary degree.
(2) When an inmate, except as provided in subsection (7)
of this section, receives any funds in addition to his or her
wages or gratuities, except settlements or awards resulting
from legal action, the additional funds shall be subject to the
following deductions and the priorities established in chapter
72.11 RCW:
(a) Five percent to the public safety and education
account for the purpose of crime victims' compensation;
(b) Ten percent to a department personal inmate savings
account;
(c) Twenty percent to the department to contribute to the
cost of incarceration;
(d) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations
owing in any Washington state superior court; and
(e) Fifteen percent for any child support owed under a
support order.
(3) When an inmate, except as provided in subsection (7)
of this section, receives any funds from a settlement or award
resulting from a legal action, the additional funds shall be
subject to the deductions in RCW 72.09.111(1)(a) and the
priorities established in chapter 72.11 RCW.
(4) The amount deducted from an inmate's funds under
subsection (2) of this section shall not exceed the department's total cost of incarceration for the inmate incurred during the inmate's minimum or actual term of confinement,
whichever is longer.
(5) The deductions required under subsection (2) of this
section shall not apply to funds received by the department on
behalf of an offender for payment of one fee-based education
or vocational program that is associated with an inmate's
work program or a placement decision made by the depart[Title 72 RCW—page 39]
72.09.490
Title 72 RCW: State Institutions
ment under RCW 72.09.460 to prepare an inmate for work
upon release.
An inmate may, prior to the completion of the fee-based
education or vocational program authorized under this subsection, apply to a person designated by the secretary for permission to make a change in his or her program. The secretary, or his or her designee, may approve the application
based solely on the following criteria: (a) The inmate has
been transferred to another institution by the department for
reasons unrelated to education or a change to a higher security classification and the offender's current program is
unavailable in the offender's new placement; (b) the inmate
entered an academic program as an undeclared major and
wishes to declare a major. No inmate may apply for more
than one change to his or her major and receive the exemption from deductions specified in this subsection; (c) the educational or vocational institution is terminating the inmate's
current program; or (d) the offender's training or education
has demonstrated that the current program is not the appropriate program to assist the offender to achieve a placement
decision made by the department under RCW 72.09.460 to
prepare the inmate for work upon release.
(6) The deductions required under subsection (2) of this
section shall not apply to any money received by the department, on behalf of an inmate, from family or other outside
sources for the payment of postage expenses. Money
received under this subsection may only be used for the payment of postage expenses and may not be transferred to any
other account or purpose. Money that remains unused in the
inmate's postage fund at the time of release shall be subject to
the deductions outlined in subsection (2) of this section.
(7) When an inmate sentenced to life imprisonment without possibility of release or parole, or to death under chapter
10.95 RCW, receives any funds in addition to his or her gratuities, except settlements or awards resulting from legal
action, the additional funds shall be subject to: Deductions of
five percent to the public safety and education account for the
purpose of crime victims' compensation, twenty percent to
the department to contribute to the cost of incarceration, and
fifteen percent to child support payments.
(8) When an inmate sentenced to life imprisonment without possibility of release or parole, or to death under chapter
10.95 RCW, receives any funds from a settlement or award
resulting from a legal action in addition to his or her gratuities, the additional funds shall be subject to: Deductions of
five percent to the public safety and education account for the
purpose of crime victims' compensation and twenty percent
to the department to contribute to the cost of incarceration.
(9) The interest earned on an inmate savings account created as a result of the *plan in section 4, chapter 325, Laws of
1999 shall be exempt from the mandatory deductions under
this section and RCW 72.09.111.
(10) Nothing in this section shall limit the authority of
the department of social and health services division of child
support from taking collection action against an inmate's
moneys, assets, or property pursuant to chapter 26.23, 74.20,
or 74.20A RCW including, but not limited to, the collection
of moneys received by the inmate from settlements or awards
resulting from legal action. [2003 c 271 § 3; 1999 c 325 § 1;
1998 c 261 § 2; 1997 c 165 § 1; 1995 1st sp.s. c 19 § 8.]
[Title 72 RCW—page 40]
*Reviser's note: 1999 c 325 § 4 requires the secretary of corrections to
prepare and submit a plan to the governor and legislature by December 1,
1999.
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
72.09.490
72.09.490 Policy on extended family visitation. (1)
The department shall establish a uniform policy on the privilege of extended family visitation. Not fewer than sixty days
before making any changes in any policy on extended family
visitation, the department shall: (a) Notify the appropriate
legislative committees of the proposed change; and (b) notify
the committee created under *RCW 72.09.570 of the proposed change. The department shall seek the advice of the
committee established under *RCW 72.09.570 and other
appropriate committees on all proposed changes and shall,
before the effective date of any change, offer the committees
an opportunity to provide input on proposed changes.
(2) In addition to its duties under chapter 34.05 RCW,
the department shall provide the committee established under
*RCW 72.09.570 and other appropriate committees of the
legislature a written copy of any proposed adoption, revision,
or repeal of any rule relating to extended family visitation.
Except for adoption, revision, or repeal of a rule on an emergency basis, the copy shall be provided not fewer than thirty
days before any public hearing scheduled on the rule. [1995
1st sp.s. c 19 § 9.]
*Reviser's note: RCW 72.09.570 expired July 1, 1997.
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
72.09.500
72.09.500 Prohibition on weight-lifting. An inmate
found by the superintendent in the institution in which the
inmate is incarcerated to have committed an aggravated
assault against another person, under rules adopted by the
department, is prohibited from participating in weight lifting
for a period of two years from the date the finding is made. At
the conclusion of the two-year period the superintendent shall
review the inmate's infraction record to determine if additional weight-lifting prohibitions are appropriate. If, based on
the review, it is determined by the superintendent that the
inmate poses a threat to the safety of others or the order of the
facility, or otherwise does not meet requirements for the
weight-lifting privilege, the superintendent may impose an
additional reasonable restriction period. [1995 1st sp.s. c 19
§ 10.]
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
72.09.510
72.09.510 Limitation on purchasing recreational
equipment and dietary supplements that increase muscle
mass. Purchases of recreational equipment following June
15, 1995, shall be cost-effective and, to the extent possible,
minimize an inmate's ability to substantially increase muscle
mass. Dietary supplements made for the sole purpose of
increasing muscle mass shall not be available for purchase by
inmates unless prescribed by a physician for medical purposes or for inmates officially competing in department-sanctioned competitive weight lifting. [1995 1st sp.s. c 19 § 11.]
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
(2004 Ed.)
Department of Corrections
72.09.520
72.09.520 Limitation on purchase of televisions. No
inmate may acquire or possess a television for personal use
for at least sixty days following completion of his or her
intake and evaluation process at the Washington Corrections
Center or the Washington Corrections Center for Women.
[1995 1st sp.s. c 19 § 12.]
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
72.09.530
72.09.530 Prohibition on receipt or possession of contraband—Rules. The secretary shall, in consultation with
the attorney general, adopt by rule a uniform policy that prohibits receipt or possession of anything that is determined to
be contraband. The rule shall provide consistent maximum
protection of legitimate penological interests, including
prison security and order and deterrence of criminal activity.
The rule shall protect the legitimate interests of the public and
inmates in the exchange of ideas. The secretary shall establish a method of reviewing all incoming and outgoing material, consistent with constitutional constraints, for the purpose
of confiscating anything determined to be contraband. The
secretary shall consult regularly with the committee created
under *RCW 72.09.570 on the development of the policy and
implementation of the rule. [1995 1st sp.s. c 19 § 13.]
*Reviser's note: RCW 72.09.570 expired July 1, 1997.
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
72.09.540
72.09.540 Inmate name change—Limitations on
use—Penalty. The department may require an offender who
obtains an order under RCW 4.24.130 to use the name under
which he or she was committed to the department during all
official communications with department personnel and in all
matters relating to the offender's incarceration or community
supervision. An offender officially communicating with the
department may also use his or her new name in addition to
the name under which he or she was committed. Violation of
this section is a misdemeanor. [1995 1st sp.s. c 19 § 15.]
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
72.09.560
72.09.560 Camp for alien offenders. The department
is authorized to establish a camp for alien offenders and shall
be ready to assign offenders to the camp not later than January 1, 1997. The secretary shall locate the camp within the
boundaries of an existing department facility. [1998 c 245 §
140; 1995 1st sp.s. c 19 § 21.]
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
72.09.580
72.09.580 Offender records and reports. Except as
specifically prohibited by other law, and for purposes of
determining, modifying, or monitoring compliance with conditions of community custody, community placement, or
community supervision as authorized under *RCW
9.94A.505 and 9.94A.545, the department:
(1) Shall have access to all relevant records and information in the possession of public agencies relating to offenders,
including police reports, prosecutors' statements of probable
cause, complete criminal history information, psychological
(2004 Ed.)
72.09.585
evaluations and psychiatric hospital reports, sex offender
treatment program reports, and juvenile records; and
(2) May require periodic reports from providers of treatment or other services required by the court or the department, including progress reports, evaluations and assessments, and reports of violations of conditions imposed by the
court or the department. [1999 c 196 § 12.]
*Reviser's note: Effective July 1, 2001, conditions of community custody, community placement, and community supervision are also contained
in various sections of chapter 9.94A RCW.
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
72.09.585
72.09.585 Mental health services information—
Required inquiries and disclosures—Release to court,
individuals, indeterminate sentence review board, state
and local agencies. (1) When the department is determining
an offender's risk management level, the department shall
inquire of the offender and shall be told whether the offender
is subject to court-ordered treatment for mental health services or chemical dependency services. The department shall
request and the offender shall provide an authorization to
release information form that meets applicable state and federal requirements and shall provide the offender with written
notice that the department will request the offender's mental
health and substance abuse treatment information. An
offender's failure to inform the department of court-ordered
treatment is a violation of the conditions of supervision if the
offender is in the community and an infraction if the offender
is in confinement, and the violation or infraction is subject to
sanctions.
(2) When an offender discloses that he or she is subject
to court-ordered mental health services or chemical dependency treatment, the department shall provide the mental
health services provider or chemical dependency treatment
provider with a written request for information and any necessary authorization to release information forms. The written request shall comply with rules adopted by the department of social and health services or protocols developed
jointly by the department and the department of social and
health services. A single request shall be valid for the duration of the offender's supervision in the community. Disclosures of information related to mental health services made
pursuant to a department request shall not require consent of
the offender.
(3) The information received by the department under
RCW 71.05.445 or 71.34.225 may be released to the indeterminate sentence review board as relevant to carry out its
responsibility of planning and ensuring community protection with respect to persons under its jurisdiction. Further
disclosure by the indeterminate sentence review board is subject to the limitations set forth in subsections (5) and (6) of
this section and must be consistent with the written policy of
the indeterminate sentence review board. The decision to
disclose or not shall not result in civil liability for the indeterminate sentence review board or its employees provided that
the decision was reached in good faith and without gross negligence.
(4) The information received by the department under
RCW 71.05.445 or 71.34.225 may be used to meet the statu[Title 72 RCW—page 41]
72.09.590
Title 72 RCW: State Institutions
tory duties of the department to provide evidence or report to
the court. Disclosure to the public of information provided to
the court by the department related to mental health services
shall be limited in accordance with RCW 9.94A.500 or this
section.
(5) The information received by the department under
RCW 71.05.445 or 71.34.225 may be disclosed by the
department to other state and local agencies as relevant to
plan for and provide offenders transition, treatment, and
supervision services, or as relevant and necessary to protect
the public and counteract the danger created by a particular
offender, and in a manner consistent with the written policy
established by the secretary. The decision to disclose or not
shall not result in civil liability for the department or its
employees so long as the decision was reached in good faith
and without gross negligence. The information received by a
state or local agency from the department shall remain confidential and subject to the limitations on disclosure set forth in
chapters 70.02, 71.05, and 71.34 RCW and, subject to these
limitations, may be released only as relevant and necessary to
counteract the danger created by a particular offender.
(6) The information received by the department under
RCW 71.05.445 or 71.34.225 may be disclosed by the
department to individuals only with respect to offenders who
have been determined by the department to have a high risk
of reoffending by a risk assessment, as defined in RCW
9.94A.030, only as relevant and necessary for those individuals to take reasonable steps for the purpose of self-protection,
or as provided in RCW 72.09.370(2). The information may
not be disclosed for the purpose of engaging the public in a
system of supervision, monitoring, and reporting offender
behavior to the department. The department must limit the
disclosure of information related to mental health services to
the public to descriptions of an offender's behavior, risk he or
she may present to the community, and need for mental
health treatment, including medications, and shall not disclose or release to the public copies of treatment documents
or records, except as otherwise provided by law. All disclosure of information to the public must be done in a manner
consistent with the written policy established by the secretary. The decision to disclose or not shall not result in civil
liability for the department or its employees so long as the
decision was reached in good faith and without gross negligence. Nothing in this subsection prevents any person from
reporting to law enforcement or the department behavior that
he or she believes creates a public safety risk. [2004 c 166 §
5; 2000 c 75 § 4.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
Intent—2000 c 75: See note following RCW 71.05.445.
72.09.590
72.09.590 Community safety. To the extent practicable, the department shall deploy community corrections staff
on the basis of geographic areas in which offenders under the
department's jurisdiction are located, and shall establish a
systematic means of assessing risk to the safety of those communities. [1999 c 196 § 13.]
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
[Title 72 RCW—page 42]
72.09.600 Rules—Chapter 196, Laws of 1999. The
secretary of corrections may adopt rules to implement sections 1 through 13, chapter 196, Laws of 1999. [1999 c 196
§ 14.]
72.09.600
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
72.09.610 Community custody study. (Expires
December 31, 2010.) (1) The Washington state institute for
public policy shall conduct a study of the effect of the use of
community custody under chapter 196, Laws of 1999. The
study shall include the effect of chapter 196, Laws of 1999 on
recidivism and other outcomes. In its study the institute shall
consider:
(a) Recidivism, according to the definition adopted by
the institute pursuant to section 59, chapter 338, Laws of
1997;
(b) The number and seriousness level of violations of
conditions;
(c) The application of the graduated sanctions by the
department;
(d) Unauthorized absences from supervision;
(e) Payment of legal financial obligations;
(f) Unlawful use of controlled substances;
(g) Use of alcohol when abstention or treatment for alcoholism is a condition of supervision;
(h) Effects on the number of offenders who are
employed or participate in vocational rehabilitation;
(i) Participation in vocational and education programs;
and
(j) Impact on the receipt of public assistance.
(2) By January 1, 2000, the institute shall report to the
legislature on the design for the study. By January 1st of each
year thereafter, the institute shall report to the legislature on
the progress and findings of the study and make recommendations based on its findings. By January 1, 2010, the institute shall provide to the legislature a final report on the findings of the study.
(3) Subsections (1) and (2) of this section expire December 31, 2010. [1999 c 196 § 16.]
72.09.610
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
72.09.620 Extraordinary medical placement—
Reports. The secretary shall report annually to the legislature on the number of offenders considered for an extraordinary medical placement, the number of offenders who were
granted such a placement, the number of offenders who were
denied such a placement, the length of time between initial
consideration and the placement decision for each offender
who was granted an extraordinary medical placement, the
number of offenders granted an extraordinary medical placement who were later returned to total confinement, and the
cost savings realized by the state. [1999 c 324 § 7.]
72.09.620
72.09.630 Custodial sexual misconduct—Investigation of allegations. The department shall investigate any
alleged violations of RCW 9A.44.160 or 9A.44.170 that are
alleged to have been committed by an employee or contract
72.09.630
(2004 Ed.)
Health Care Services—Department of Corrections
personnel of the department, to determine whether there is
probable cause to believe that the allegation is true before
reporting the alleged violation to a prosecuting attorney.
[1999 c 45 § 7.]
72.09.650
72.09.650 Use of force by limited authority Washington peace officers—Detention of persons. (1) An employee
of the department who is a limited authority Washington
peace officer under RCW 10.93.020 may use reasonable
force to detain, search, or remove persons who enter or
remain without permission within a correctional facility or
institutional grounds or whenever, upon probable cause, it
appears to such employee that a person has committed or is
attempting to commit a crime, or possesses contraband within
a correctional facility or institutional grounds. Should any
person be detained, the department shall immediately notify a
local law enforcement agency having jurisdiction over the
correctional facility or institutional grounds of the detainment. The department is authorized to detain the person for a
reasonable time to search the person and confiscate any contraband, and until custody of the person and any illegal contraband can be transferred to a law enforcement officer when
appropriate. An employee of the department who is a limited
authority Washington peace officer under RCW 10.93.020
may use that force necessary in the protection of persons and
properties located within the confines of the correctional
facility or institutional grounds.
(2) The rights granted in subsection (1) of this section are
in addition to any others that may exist by law including, but
not limited to, the rights granted in RCW 9A.16.020. [2001 c
11 § 1.]
Effective date—2001 c 11: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 13, 2001]." [2001 c 11 § 2.]
72.09.900 Effective date—1981 c 136. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect July 1, 1981.
[1981 c 136 § 124.]
72.10.010
The transfer of powers, duties, and functions under RCW
72.09.040 shall not affect the validity of any act performed
prior to July 1, 1981, by the department of social and health
services or its secretary and, except as otherwise specifically
provided, shall not affect the validity of any rights existing on
July 1, 1981.
If questions arise regarding whether any sort of obligation is properly that of the department of social and health
services or the department of corrections, such questions
shall be resolved by the director of financial management.
[1981 c 136 § 30.]
72.09.904
72.09.904 Construction—1999 c 196. Nothing in
chapter 196, Laws of 1999 shall be construed to create an
immunity or defense from liability for personal injury or
wrongful death based solely on availability of funds. [1999 c
196 § 17.]
72.09.905
72.09.905 Short title—1999 c 196. This act may be
known and cited as the offender accountability act. [1999 c
196 § 18.]
Chapter 72.10
Chapter 72.10 RCW
HEALTH CARE SERVICES—
DEPARTMENT OF CORRECTIONS
Sections
72.10.005
72.10.010
72.10.020
72.10.030
72.10.040
72.10.050
72.10.060
Intent—Application.
Definitions.
Health services delivery plan—Reports to the legislature—
Policy for distribution of personal hygiene items—Expiration of subsection.
Contracts for services.
Rules.
Rules to implement RCW 72.10.020.
Inmates who have received mental health treatment—Notification to treatment provider at time of release.
72.09.900
72.09.901
72.09.901 Short title. This chapter may be known and
cited as the corrections reform act of 1981. [1981 c 136 § 1.]
72.09.902
72.09.902 Construction—1981 c 136. All references
to the department or secretary of social and health services in
other chapters of the Revised Code of Washington shall be
construed as meaning the department or secretary of corrections when referring to the functions established by this chapter. [1981 c 136 § 29.]
72.10.005
72.10.005 Intent—Application. It is the intent of the
legislature that inmates in the custody of the department of
corrections receive such basic medical services as may be
mandated by the federal Constitution and the Constitution of
the state of Washington. Notwithstanding any other laws, it is
the further intent of the legislature that the department of corrections may contract directly with any persons, firms, agencies, or corporations qualified to provide such services. Nothing in this chapter is to be construed to authorize a reduction
in state employment in service component areas presently
rendering such services or to preclude work typically and historically performed by department employees. [1989 c 157 §
1.]
72.10.010
72.09.903
72.09.903 Savings—1981 c 136. All rules and all pending business before the secretary of social and health services
and the department of social and health services pertaining to
matters transferred by RCW 72.09.040 shall be continued
and acted upon by the department of corrections.
All existing contracts and obligations pertaining to the
powers, duties, and functions transferred shall remain in full
force and effect and shall be performed by the department of
corrections.
(2004 Ed.)
72.10.010 Definitions. As used in this chapter:
(1) "Department" means the department of corrections.
(2) "Health care practitioner" means an individual or
firm licensed or certified to actively engage in a regulated
health profession.
(3) "Health profession" means those licensed or regulated professions set forth in RCW 18.120.020(4).
(4) "Health care facility" means any hospital, hospice
care center, licensed or certified health care facility, health
maintenance organization regulated under chapter 48.46
[Title 72 RCW—page 43]
72.10.020
Title 72 RCW: State Institutions
RCW, federally qualified health maintenance organization,
federally approved renal dialysis center or facility, or federally approved blood bank.
(5) "Health care services" means medical, dental, and
mental health care services.
(6) "Secretary" means the secretary of the department.
(7) "Superintendent" means the superintendent of a correctional facility under the jurisdiction of the department, or
his or her designee. [1995 1st sp.s. c 19 § 16; 1989 c 157 § 2.]
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
72.10.020
72.10.020 Health services delivery plan—Reports to
the legislature—Policy for distribution of personal
hygiene items—Expiration of subsection. (1) Upon entry
into the correctional system, offenders shall receive an initial
medical examination. The department shall prepare a health
profile for each offender that includes at least the following
information: (a) An identification of the offender's serious
medical and dental needs; (b) an evaluation of the offender's
capacity for work and recreation; and (c) a financial assessment of the offender's ability to pay for all or a portion of his
or her health care services from personal resources or private
insurance.
(2)(a) The department may develop and implement a
plan for the delivery of health care services and personal
hygiene items to offenders in the department's correctional
facilities, at the discretion of the secretary, and in conformity
with federal law.
(b) To discourage unwarranted use of health care services caused by unnecessary visits to health care providers,
offenders shall participate in the costs of their health care services by paying a nominal amount of no less than three dollars per visit, as determined by the secretary. Under the
authority granted in RCW 72.01.050(2), the secretary may
authorize the superintendent to collect this amount directly
from an offender's institution account. All copayments collected from offenders' institution accounts shall be deposited
into the general fund.
(c) Offenders are required to make copayments for initial
health care visits that are offender initiated and, by rule
adopted by the department, may be charged a copayment for
subsequent visits related to the medical condition which
caused the initial visit. Offenders are not required to pay for
emergency treatment or for visits initiated by health care staff
or treatment of those conditions that constitute a serious
health care need.
(d) No offender may be refused any health care service
because of indigence.
(e) At no time shall the withdrawal of funds for the payment of a medical service copayment result in reducing an
offender's institution account to an amount less than the level
of indigency as defined in chapter 72.09 RCW.
(3)(a) The department shall report annually to the legislature the following information for the fiscal year preceding
the report: (i) The total number of health care visits made by
offenders; (ii) the total number of copayments assessed; (iii)
the total dollar amount of copayments collected; (iv) the total
number of copayments not collected due to an offender's
indigency; and (v) the total number of copayments not
assessed due to the serious or emergent nature of the health
[Title 72 RCW—page 44]
care treatment or because the health care visit was not
offender initiated.
(b) The first report required under this section shall be
submitted not later than October 1, 1996, and shall include, at
a minimum, all available information collected through the
second half of fiscal year 1996. This subsection (3)(b) shall
expire December 1, 1996.
(4)(a) The secretary shall adopt, by rule, a uniform policy relating to the distribution and replenishment of personal
hygiene items for inmates incarcerated in all department
institutions. The policy shall provide for the initial distribution of adequate personal hygiene items to inmates upon their
arrival at an institution.
(b) The acquisition of replenishment personal hygiene
items is the responsibility of inmates, except that indigent
inmates shall not be denied adequate personal hygiene items
based on their inability to pay for them.
(c) The policy shall provide that the replenishment personal hygiene items be distributed to inmates only in authorized quantities and at intervals that reflect prudent use and
customary wear and consumption of the items.
(5) The following become a debt and are subject to RCW
72.09.450:
(a) All copayments under subsection (2) of this section
that are not collected when the visit occurs; and
(b) All charges for replenishment personal hygiene items
that are not collected when the item is distributed. [1995 1st
sp.s. c 19 § 17; 1989 c 157 § 3.]
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
72.10.030 Contracts for services. (1) Notwithstanding
any other provisions of law, the secretary may enter into contracts with health care practitioners, health care facilities, and
other entities or agents as may be necessary to provide basic
medical care to inmates. The contracts shall not cause the termination of classified employees of the department rendering
the services at the time the contract is executed.
(2) In contracting for services, the secretary is authorized
to provide for indemnification of health care practitioners
who cannot obtain professional liability insurance through
reasonable effort, from liability on any action, claim, or proceeding instituted against them arising out of the good faith
performance or failure of performance of services on behalf
of the department. The contracts may provide that for the purposes of chapter 4.92 RCW only, those health care practitioners with whom the department has contracted shall be considered state employees. [1989 c 157 § 4.]
72.10.030
72.10.040 Rules. The secretary shall have the power to
make rules necessary to carry out the intent of this chapter.
[1989 c 157 § 5.]
72.10.040
72.10.050 Rules to implement RCW 72.10.020. The
department shall adopt rules to implement RCW 72.10.020.
[1995 1st sp.s. c 19 § 18.]
72.10.050
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
72.10.060 Inmates who have received mental health
treatment—Notification to treatment provider at time of
72.10.060
(2004 Ed.)
Offenders' Responsibility for Legal Financial Obligations
release. The secretary shall, for any person committed to a
state correctional facility after July 1, 1998, inquire at the
time of commitment whether the person had received outpatient mental health treatment within the two years preceding
confinement and the name of the person providing the treatment.
The secretary shall inquire of the treatment provider if he
or she wishes to be notified of the release of the person from
confinement, for purposes of offering treatment upon the
inmate's release. If the treatment provider wishes to be notified of the inmate's release, the secretary shall attempt to provide such notice at least seven days prior to release.
At the time of an inmate's release if the secretary is
unable to locate the treatment provider, the secretary shall
notify the regional support network in the county the inmate
will most likely reside following release.
If the secretary has, prior to the release from the facility,
evaluated the inmate and determined he or she requires postrelease mental health treatment, a copy of relevant records
and reports relating to the inmate's mental health treatment or
status shall be promptly made available to the offender's
present or future treatment provider. The secretary shall
determine which records and reports are relevant and may
provide a summary in lieu of copies of the records. [1998 c
297 § 48.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Chapter 72.11 RCW
OFFENDERS' RESPONSIBILITY FOR LEGAL
FINANCIAL OBLIGATIONS
Chapter 72.11
Sections
72.11.010
72.11.020
72.11.030
72.11.040
72.11.010
Definitions.
Inmate funds—Legal financial obligations—Disbursal by secretary.
Inmate accounts—Legal financial obligations—Priority—
Deductions.
Cost of supervision fund.
72.11.010 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereafter used in this chapter shall have the following meanings:
(1) "Court-ordered legal financial obligation" means a
sum of money that is ordered by a superior court of the state
of Washington for payment of restitution to a victim, statutorily imposed crime victims compensation fee, court costs, a
county or interlocal drug fund, court-appointed attorneys'
fees and costs of defense, fines, and any other legal financial
obligation that is assessed as a result of a felony conviction.
(2) "Department" means the department of corrections.
(3) "Offender" means an individual who is currently
under the jurisdiction of the Washington state department of
corrections, and who also has a court-ordered legal financial
obligation as a result of a felony conviction.
(4) "Secretary" means the secretary of the department of
corrections or the secretary's designee.
(5) "Superintendent" means the superintendent of a correctional facility under the jurisdiction of the Washington
state department of corrections. [1989 c 252 § 22.]
(2004 Ed.)
72.11.040
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
72.11.020
72.11.020 Inmate funds—Legal financial obligations—Disbursal by secretary. The secretary shall be custodian of all funds of a convicted person that are in his or her
possession upon admission to a state institution, or that are
sent or brought to the person, or earned by the person while in
custody, or that are forwarded to the superintendent on behalf
of a convicted person. All such funds shall be deposited in the
personal account of the convicted person within the institutional resident deposit account as established by the office of
financial management pursuant to RCW 43.88.195, and the
secretary shall have authority to disburse money from such
person's personal account for the purposes of satisfying a
court-ordered legal financial obligation to the court. Legal
financial obligation deductions shall be made as stated in
RCW 72.09.111(1) and 72.65.050 without exception. Unless
specifically granted authority herein, at no time shall the
withdrawal of funds for the payment of a legal financial obligation result in reducing the inmate's account to an amount
less than the defined level of indigency to be determined by
the department.
Further, unless specifically altered herein, court-ordered
legal financial obligations shall be paid. [2002 c 126 § 1;
1989 c 252 § 23.]
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
72.11.030
72.11.030 Inmate accounts—Legal financial obligations—Priority—Deductions. (1) Except as otherwise provided herein, all court-ordered legal financial obligations
shall take priority over any other statutorily imposed mandatory withdrawals from inmate's accounts.
(2) For those inmates who are on work release pursuant
to chapter 72.65 RCW, before any legal financial obligations
are withdrawn from the inmate's account, the inmate is entitled to payroll deductions that are required by law, or such
payroll deductions as may reasonably be required by the
nature of the employment unless any such amount which his
or her work release plan specifies should be retained to help
meet the inmate's needs, including costs necessary for his or
her participation in the work release plan such as travel,
meals, clothing, tools, and other incidentals.
(3) Before the payment of any court-ordered legal financial obligation is required, the department is entitled to reimbursement for any expenses advanced for vocational training
pursuant to RCW 72.65.020(2), for expenses incident to a
work release plan pursuant to RCW 72.65.090, payments for
board and room charges for the work release participant, and
payments that are necessary for the support of the work
release participant's dependents, if any. [1989 c 252 § 24.]
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
72.11.040
72.11.040 Cost of supervision fund. The cost of supervision fund is created in the custody of the state treasurer. All
receipts from assessments made under RCW 9.94A.780 and
72.04A.120 shall be deposited into the fund. Expenditures
from the fund may be used only to support the collection of
legal financial obligations. During the 2003-2005 biennium,
[Title 72 RCW—page 45]
Chapter 72.16
Title 72 RCW: State Institutions
funds from the account may also be used for costs associated
with the department's supervision of the offenders in the
community. Only the secretary of the department of corrections or the secretary's designee may authorize expenditures
from the fund. The fund is subject to allotment procedures
under chapter 43.88 RCW, but no appropriation is required
for expenditures. [2003 1st sp.s. c 25 § 936; 2001 2nd sp.s. c
7 § 919; 2000 2nd sp.s. c 1 § 914; 1999 c 309 § 921; 1989 c
252 § 26.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
Chapter 72.16
Chapter 72.16 RCW
GREEN HILL SCHOOL
Sections
72.16.010
72.16.020
School established.
Purpose of school.
Basic juvenile court act: Chapter 13.04 RCW.
Child under eighteen convicted of crime amounting to felony—Placement—
Segregation from adult offenders: RCW 72.01.410.
Commitment: Chapter 13.04 RCW.
Disposition of property of deceased inmate of state institution: RCW
11.08.101, 11.08.111, 11.08.120.
Disturbances at state penal facilities
development of contingency plans—Scope—Local participation: RCW
72.02.150.
reimbursement to cities and counties for certain expenses incurred: RCW
72.72.050, 72.72.060.
utilization of outside law enforcement personnel—Scope: RCW
72.02.160.
Educational programs for residential school residents: RCW 28A.190.020
through 28A.190.060.
Financial responsibility for cost of detention of minor: RCW 13.16.085.
Fugitives of this state: Chapter 10.34 RCW.
Record as to patients or inmates for purposes of vital statistics: RCW
70.58.270.
72.16.010
72.16.010 School established. There is established at
Chehalis, Lewis county, an institution which shall be known
as the Green Hill school. [1959 c 28 § 72.16.010. Prior: 1955
c 230 § 1. (i) 1909 c 97 p 256 § 1; RRS § 4624. (ii) 1907 c 90
§ 1; 1890 p 271 § 1; RRS § 10299.]
72.16.020
72.16.020 Purpose of school. The said school shall be
for the keeping and training of all boys between the ages of
eight and eighteen years who are residents of the state of
Washington and who are lawfully committed to said institution. [1959 c 28 § 72.16.020. Prior: (i) 1909 c 97 p 256 § 2;
RRS § 4625. (ii) 1890 p 272 § 2; RRS § 10300.]
[Title 72 RCW—page 46]
Chapter 72.19 RCW
JUVENILE CORRECTIONAL INSTITUTION IN
KING COUNTY
Chapter 72.19
Sections
72.19.010
72.19.020
72.19.030
72.19.040
72.19.050
72.19.060
72.19.070
72.19.100
72.19.110
72.19.120
72.19.130
Institution established—Location.
Rules and regulations.
Superintendent—Appointment.
Associate superintendents—Appointment—Acting superintendent.
Powers and duties of superintendent.
Male, female, juveniles—Residential housing, separation—
Correctional programs, separation, combination.
General obligation bond issue to provide buildings—Authorized—Form, terms, etc.
General obligation bond issue to provide buildings—Bond
redemption fund—Payment from sales tax.
General obligation bond issue to provide buildings—Legislature may provide additional means of revenue.
General obligation bond issue to provide buildings—Bonds
legal investment for state and municipal corporation funds.
Referral to electorate.
Disturbances at state penal facilities
development of contingency plans—Scope—Local participation: RCW
72.02.150.
reimbursement to cities and counties for certain expenses incurred: RCW
72.72.050, 72.72.060.
utilization of outside law enforcement personnel—Scope: RCW
72.02.160.
Educational programs for residential school residents: RCW 28A.190.020
through 28A.190.060.
72.19.010
72.19.010 Institution established—Location. There is
hereby established under the supervision and control of the
secretary of social and health services a correctional institution for the confinement and rehabilitation of juveniles committed by the juvenile courts to the department of social and
health services. Such institution shall be situated upon publicly owned lands within King county, under the supervision
of the department of natural resources, which land is located
in the vicinity of Echo Lake and more particularly situated in
Section 34, Township 24 North, Range 7 East W.M. and that
portion of Section 3, Township 23 North, Range 7 East W.M.
lying north of U.S. Highway 10, together with necessary
access routes thereto, all of which tract is leased by the
department of natural resources to the department of social
and health services for the establishment and construction of
the correctional institution authorized and provided for in this
chapter. [1979 c 141 § 222; 1963 c 165 § 1; 1961 c 183 § 1.]
72.19.020
72.19.020 Rules and regulations. The secretary may
make, amend and repeal rules and regulations for the administration of the juvenile correctional institution established by
this chapter in furtherance of the provisions of this chapter
and not inconsistent with law. [1979 c 141 § 223; 1961 c 183
§ 4.]
72.19.030
72.19.030 Superintendent—Appointment. The
superintendent of the correctional institution established by
this chapter shall be appointed by the secretary. [1983 1st
ex.s. c 41 § 27; 1979 c 141 § 224; 1963 c 165 § 3.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
72.19.040
72.19.040 Associate superintendents—Appointment—Acting superintendent. The superintendent, subject
to the approval of the secretary, shall appoint such associate
(2004 Ed.)
Juvenile Correctional Institution in King County
superintendents as shall be deemed necessary. In the event
the superintendent shall be absent from the institution, or during periods of illness or other situations incapacitating the
superintendent from properly performing his duties, one of
the associate superintendents of such institution shall act as
superintendent during such period of absence, illness or incapacity as may be designated by the secretary. [1979 c 141 §
225; 1963 c 165 § 4.]
72.19.050
72.19.050 Powers and duties of superintendent. The
superintendent shall have the following powers, duties and
responsibilities:
(1) Subject to the rules of the department, the superintendent shall have the supervision and management of the institution, of the grounds and buildings, the subordinate officers
and employees, and of the juveniles received at such institution and the custody of such persons until released or transferred as provided by law.
(2) Subject to the rules of the department and the Washington personnel resources board, appoint all subordinate
officers and employees.
(3) The superintendent shall be the custodian of the personal property of all juveniles in the institution and shall
make rules governing the accounting and disposition of all
moneys received by such juveniles, not inconsistent with the
law, and subject to the approval of the secretary. [1993 c 281
§ 65; 1979 c 141 § 226; 1963 c 165 § 5.]
Effective date—1993 c 281: See note following RCW 41.06.022.
72.19.060
72.19.060 Male, female, juveniles—Residential housing, separation—Correctional programs, separation,
combination. The plans and construction of the juvenile correctional institution established by this chapter shall provide
for adequate separation of the residential housing of the male
juvenile from the female juvenile. In all other respects, the
juvenile correctional programs for both boys and girls may be
combined or separated as the secretary deems most reasonable and effective to accomplish the reformation, training and
rehabilitation of the juvenile offender, realizing all possible
economies from the lack of necessity for duplication of facilities. [1979 c 141 § 227; 1963 c 165 § 7.]
72.19.070
72.19.070 General obligation bond issue to provide
buildings—Authorized—Form, terms, etc. For the purpose of providing needful buildings at the correctional institution for the confinement and rehabilitation of juveniles situated in King county in the vicinity of Echo Lake which institution was established by the provisions of this chapter, the
state finance committee is hereby authorized to issue, at any
time prior to January 1, 1970, general obligation bonds of the
state of Washington in the sum of four million six hundred
thousand dollars, or so much thereof as shall be required to
finance the program above set forth, to be paid and discharged within twenty years of the date of issuance.
The state finance committee is authorized to prescribe
the form of such bonds, and the time of sale of all or any portion or portions of such bonds, and the conditions of sale and
issuance thereof: PROVIDED, That none of the bonds herein
authorized shall be sold for less than the par value thereof,
(2004 Ed.)
72.19.130
nor shall they bear interest at a rate in excess of four percent
per annum.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee may
provide that the bonds, or any of them, may be called prior to
the due date thereof under such terms and conditions as it
may determine. The state finance committee may authorize
the use of facsimile signatures in the issuance of the bonds.
[1963 ex.s. c 27 § 1.]
72.19.100
72.19.100 General obligation bond issue to provide
buildings—Bond redemption fund—Payment from sales
tax. The juvenile correctional institution building bond
redemption fund is hereby created in the state treasury, which
fund shall be exclusively devoted to the payment of interest
on and retirement of the bonds authorized by RCW 72.19.070
through 72.19.130. The state finance committee shall, on or
before June 30th of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet bond
retirement and interest requirements and the state treasurer
shall thereupon deposit such amount in said juvenile correctional institution building bond redemption fund from moneys transmitted to the state treasurer by the department of revenue and certified by the department of revenue to be sales
tax collections and such amount certified by the state finance
committee to the state treasurer shall be a prior charge against
all retail sales tax revenues of the state of Washington, except
that portion thereof heretofore pledged for the payment of
bond principal and interest.
The owner and holder of each of said bonds or the trustee
for any of the bonds may by mandamus or other appropriate
proceeding require and compel the transfer and payment of
funds as directed herein. [1975 1st ex.s. c 278 § 35; 1963
ex.s. c 27 § 4.]
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
72.19.110
72.19.110 General obligation bond issue to provide
buildings—Legislature may provide additional means of
revenue. The legislature may provide additional means for
raising moneys for the payment of the interest and principal
of the bonds authorized herein and RCW 72.19.070 through
72.19.130 shall not be deemed to provide an exclusive
method for such payment. [1963 ex.s. c 27 § 5.]
72.19.120
72.19.120 General obligation bond issue to provide
buildings—Bonds legal investment for state and municipal corporation funds. The bonds herein authorized shall be
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1963 ex.s. c
27 § 6.]
72.19.130
72.19.130 Referral to electorate. This act shall be submitted to the people for their adoption and ratification, or
rejection, at the general election to be held in this state on the
Tuesday next succeeding the first Monday in November,
1964, in accordance with the provisions of section 3, Article
VIII of the state Constitution; and in accordance with the provisions of section 1, Article II of the state Constitution, as
[Title 72 RCW—page 47]
Chapter 72.20
Title 72 RCW: State Institutions
amended, and the laws adopted to facilitate the operation
thereof. [1963 ex.s. c 27 § 7.]
Chapter 72.20
Chapter 72.20 RCW
MAPLE LANE SCHOOL
Sections
72.20.001
72.20.010
72.20.020
72.20.040
72.20.050
72.20.060
72.20.065
72.20.070
72.20.090
Definitions.
School established.
Management—Superintendent.
Duties of superintendent.
Parole or discharge—Behavior credits.
Conditional parole—Apprehension on escape or violation of
parole.
Intrusion—Enticement away of girls—Interference—Penalty.
Eligibility restricted.
Hiring out—Apprenticeships—Compensation.
Basic juvenile court act: Chapter 13.04 RCW.
Child under eighteen convicted of crime amounting to felony—Placement—
Segregation from adult offenders: RCW 72.01.410.
Commitment: Chapter 13.04 RCW.
Disposition of property of deceased inmate of state institution: RCW
11.08.101, 11.08.111, 11.08.120.
Disturbances at state penal facilities
development of contingency plans—Scope—Local participation: RCW
72.02.150.
reimbursement to cities and counties for certain expenses incurred: RCW
72.72.050, 72.72.060.
utilization of outside law enforcement personnel—Scope: RCW
72.02.160.
Educational programs for residential school residents: RCW 28A.190.020
through 28A.190.060.
Financial responsibility for cost of detention of minor: RCW 13.16.085.
Fugitives of this state: Chapter 10.34 RCW.
Record as to patients or inmates for purposes of vital statistics: RCW
70.58.270.
72.20.040 Duties of superintendent. The superintendent, subject to the direction and approval of the secretary
shall:
(1) Have general supervision and control of the grounds
and buildings of the institution, the subordinate officers and
employees, and the inmates thereof, and all matters relating
to their government and discipline.
(2) Make such rules, regulations and orders, not inconsistent with law or with the rules, regulations or directions of
the secretary, as may seem to him proper or necessary for the
government of such institution and for the employment, discipline and education of the inmates, except for the program
of education provided pursuant to RCW 28A.190.030
through 28A.190.050 which shall be governed by the school
district conducting the program.
(3) Exercise such other powers, and perform such other
duties as the secretary may prescribe. [1990 c 33 § 593; 1979
ex.s. c 217 § 10; 1979 c 141 § 229; 1959 c 39 § 2; 1959 c 28
§ 72.20.040. Prior: 1913 c 157 § 5; RRS § 4635.]
72.20.040
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Effective date—Severability—1979 ex.s. c 217: See notes following
RCW 28A.190.020.
72.20.050
72.20.050 Parole or discharge—Behavior credits.
The department, acting with the superintendent, shall, under
a system of marks, or otherwise, fix upon a uniform plan by
which girls may be paroled or discharged from the school,
which system shall be subject to revision from time to time.
Each girl shall be credited for personal demeanor, diligence
in labor or study and for the results accomplished, and
charged for derelictions, negligence or offense. The standing
of each girl shall be made known to her as often as once a
month. [1959 c 28 § 72.20.050. Prior: 1913 c 157 § 8; RRS
§ 4638.]
72.20.001
72.20.001 Definitions. As used in this chapter:
"Department" means the department of social and health
services; and
"Secretary" means the secretary of social and health services. [1981 c 136 § 98.]
Effective date—1981 c 136: See RCW 72.09.900.
72.20.010
72.20.010 School established. There is established at
Grand Mound, Thurston county, an institution which shall be
known as the Maple Lane school. [1959 c 28 § 72.20.010.
Prior: 1955 c 230 § 2; 1913 c 157 § 1; RRS § 4631.]
72.20.020
72.20.020 Management—Superintendent. The government, control and business management of such school
shall be vested in the secretary. The secretary shall, with the
approval of the governor, appoint a suitable superintendent of
said school, and shall designate the number of subordinate
officers and employees to be employed, and fix their respective salaries, and have power, with the like approval, to make
and enforce all such rules and regulations for the administration, government and discipline of the school as the secretary
may deem just and proper, not inconsistent with this chapter.
[1979 c 141 § 228; 1959 c 39 § 1; 1959 c 28 § 72.20.020.
Prior: 1913 c 157 § 3; RRS § 4633.]
Appointment of chief executive officers and subordinate employees, general
provisions: RCW 72.01.060.
[Title 72 RCW—page 48]
72.20.060 Conditional parole—Apprehension on
escape or violation of parole. Every girl shall be entitled to
a trial on parole before reaching the age of twenty years, such
parole to continue for at least one year unless violated. The
superintendent and resident physician, with the approval of
the secretary, shall determine whether such parole has been
violated. Any girl committed to the school who shall escape
therefrom, or who shall violate a parole, may be apprehended
and returned to the school by any officer or citizen on written
order or request of the superintendent. [1979 c 141 § 230;
1959 c 28 § 72.20.060. Prior: 1913 c 157 § 9, part; RRS §
4639, part.]
72.20.060
72.20.065
72.20.065 Intrusion—Enticement away of girls—
Interference—Penalty. Any person who shall go upon the
school grounds except on lawful business, or by consent of
the superintendent, or who shall entice any girl away from the
school, or who shall in any way interfere with its management or discipline, shall be guilty of a misdemeanor. [1959 c
28 § 72.20.065. Prior: 1913 c 157 § 9, part; RRS § 4639,
part.]
72.20.070
72.20.070 Eligibility restricted. No girl shall be
received in the Maple Lane school who is not of sound mind,
or who is subject to epileptic or other fits, or is not possessed
(2004 Ed.)
Public and Private Facilities for Mentally Ill
of that degree of bodily health which should render her a fit
subject for the discipline of the school. It shall be the duty of
the court committing her to cause such girl to be examined by
a reputable physician to be appointed by the court, who will
certify to the above facts, which certificate shall be forwarded
to the school with the commitment. Any girl who may have
been committed to the school, not complying with the above
requirements, may be returned by the superintendent to the
court making the commitment, or to the officer or institution
last having her in charge. The department shall arrange for
the transportation of all girls to and from the school. [1959 c
28 § 72.20.070. Prior: 1913 c 157 § 10; RRS § 4640.]
72.20.090 Hiring out—Apprenticeships—Compensation. The superintendent shall have power to place any girl
under the age of eighteen years at any employment for
account of the institution or the girl employed, and receive
and hold the whole or any part of her wages for the benefit of
the girl less the amount necessary for her board and keep, and
may also, with the consent of any girl over fourteen years of
age, and the approval of the secretary endorsed thereon, execute indentures of apprenticeship, which shall be binding on
all parties thereto. In case any girl so apprenticed shall prove
untrustworthy or unsatisfactory, the superintendent may permit her to be returned to the school, and the indenture may
thereupon be canceled. If such girl shall have an unsuitable
employer, the superintendent may, with the approval of the
secretary, take her back to the school, and cancel the indenture of apprenticeship. All indentures so made shall be filed
and kept in the school. A system may also be established,
providing for compensation to girls for services rendered, and
payments may be made from time to time, not to exceed in
the aggregate to any one girl the sum of twenty-five dollars
for each year of service. [1979 c 141 § 232; 1959 c 28 §
72.20.090. Prior: 1913 c 157 § 12; RRS § 4642.]
72.23.230
72.23.240
72.23.250
72.23.260
72.23.280
72.23.290
72.23.300
72.23.400
72.23.410
72.23.420
72.23.430
72.23.440
72.23.900
72.23.910
72.23.010
Patient's property—Superintendent as custodian—Management and accounting.
Patient's property—Delivery to superintendent as acquittance—Defense, indemnity.
Funds donated to patients.
Federal patients—Agreements authorized.
Nonresidents—Hospitalization.
Transfer of patients—Authority of transferee.
Bringing narcotics, intoxicating liquors, weapons, etc., into
institution or its grounds prohibited—Penalty.
Workplace safety plan.
Violence prevention training.
Record of violent acts.
Noncompliance—Citation under chapter 49.17 RCW.
Technical assistance and training.
Construction—Purpose—1959 c 28.
Construction—Effect on laws relating to the criminally
insane—"Insane" as used in other statutes.
72.20.090
Chapter 72.23 RCW
PUBLIC AND PRIVATE FACILITIES FOR
MENTALLY ILL
Chapter 72.23
Sections
72.23.010
72.23.020
72.23.025
72.23.027
72.23.030
72.23.035
72.23.040
72.23.050
72.23.060
72.23.080
72.23.100
72.23.110
72.23.120
72.23.125
72.23.130
72.23.160
72.23.170
72.23.180
72.23.190
72.23.200
72.23.210
(2004 Ed.)
Definitions.
State hospitals designated.
Eastern and western state hospital boards established—Primary diagnosis of mental disorder—Duties—Institutes for
the study and treatment of mental disorders established.
Integrated service delivery—Incentives to discourage inappropriate placement—Specialized care programs.
Superintendent—Powers—Direction of clinical care, exception.
Background checks of prospective employees.
Seal of hospital.
Superintendent as witness—Exemptions from military duty.
Gifts—Record—Use.
Voluntary patients—Legal competency—Record.
Voluntary patients—Policy—Duration.
Voluntary patients—Limitation as to number.
Voluntary patients—Charges for hospitalization.
Temporary residential observation and evaluation of persons
requesting treatment.
History of patient.
Escape—Apprehension and return.
Escape of patient—Penalty for assisting.
Discharge, parole, death, escape—Notice—Certificate of discharge.
Death—Report to coroner.
Persons under eighteen—Confinement in adult wards.
Persons under eighteen—Special wards and attendants.
Commitment to veterans' administration or other federal agency: RCW
73.36.165.
County hospitals: Chapter 36.62 RCW.
Division of mental health: Chapter 43.20A RCW.
Mental illness, commitment procedures, rights, etc.: Chapter 71.05 RCW.
Minors—Mental health services, commitment: Chapter 71.34 RCW.
Out-of-state physicians, conditional license to practice in conjunction with
institutions: RCW 18.71.095.
Private mental establishments: Chapter 71.12 RCW.
Record as to patients or inmates for purposes of vital statistics: RCW
70.58.270.
Sexual psychopaths: Chapter 71.06 RCW.
72.23.010
72.23.010 Definitions. The definitions in this section
apply throughout this chapter, unless the context clearly
requires otherwise.
(1) "Court" means the superior court of the state of
Washington.
(2) "Department" means the department of social and
health services.
(3) "Employee" means an employee as defined in RCW
49.17.020.
(4) "Licensed physician" means an individual permitted
to practice as a physician under the laws of the state, or a
medical officer, similarly qualified, of the government of the
United States while in this state in performance of his or her
official duties.
(5) "Mentally ill person" means any person who, pursuant to the definitions contained in RCW 71.05.020, as a result
of a mental disorder presents a likelihood of serious harm to
others or himself or herself or is gravely disabled.
(6) "Patient" means a person under observation, care, or
treatment in a state hospital, or a person found mentally ill by
the court, and not discharged from a state hospital, or other
facility, to which such person had been ordered hospitalized.
(7) "Resident" means a resident of the state of Washington.
(8) "Secretary" means the secretary of social and health
services.
(9) "State hospital" means any hospital, including a child
study and treatment center, operated and maintained by the
state of Washington for the care of the mentally ill.
(10) "Superintendent" means the superintendent of a
state hospital.
(11) "Violence" or "violent act" means any physical
assault or attempted physical assault against an employee or
patient of a state hospital.
[Title 72 RCW—page 49]
72.23.020
Title 72 RCW: State Institutions
Wherever used in this chapter, the masculine shall
include the feminine and the singular shall include the plural.
[2000 c 22 § 2; 1981 c 136 § 99; 1974 ex.s. c 145 § 2; 1973
1st ex.s. c 142 § 3; 1959 c 28 § 72.23.010. Prior: 1951 c 139
§ 2. Formerly RCW 71.02.010.]
Findings—2000 c 22: See note following RCW 72.23.400.
Effective date—1981 c 136: See RCW 72.09.900.
Severability—Construction—Effective date—1973 1st ex.s. c 142:
See RCW 71.05.900 through 71.05.930.
72.23.020
72.23.020 State hospitals designated. There are
hereby permanently located and established the following
state hospitals: Western state hospital at Fort Steilacoom,
Pierce county; eastern state hospital at Medical Lake, Spokane county; and northern state hospital near Sedro Woolley,
Skagit county. [1959 c 28 § 72.23.020. Prior: 1951 c 139 §
6. Formerly RCW 71.02.440.]
72.23.025
72.23.025 Eastern and western state hospital boards
established—Primary diagnosis of mental disorder—
Duties—Institutes for the study and treatment of mental
disorders established. (1) It is the intent of the legislature to
improve the quality of service at state hospitals, eliminate
overcrowding, and more specifically define the role of the
state hospitals. The legislature intends that eastern and western state hospitals shall become clinical centers for handling
the most complicated long-term care needs of patients with a
primary diagnosis of mental disorder. Over the next six years,
their involvement in providing short-term, acute care, and
less complicated long-term care shall be diminished in accordance with the revised responsibilities for mental health care
under chapter 71.24 RCW. To this end, the legislature intends
that funds appropriated for mental health programs, including
funds for regional support networks and the state hospitals be
used for persons with primary diagnosis of mental disorder.
The legislature finds that establishment of the eastern state
hospital board, the western state hospital board, and institutes
for the study and treatment of mental disorders at both eastern
state hospital and western state hospital will be instrumental
in implementing the legislative intent.
(2)(a) The eastern state hospital board and the western
state hospital board are each established. Members of the
boards shall be appointed by the governor with the consent of
the senate. Each board shall include:
(i) The director of the institute for the study and treatment of mental disorders established at the hospital;
(ii) One family member of a current or recent hospital
resident;
(iii) One consumer of services;
(iv) One community mental health service provider;
(v) Two citizens with no financial or professional interest in mental health services;
(vi) One representative of the regional support network
in which the hospital is located;
(vii) One representative from the staff who is a physician;
(viii) One representative from the nursing staff;
(ix) One representative from the other professional staff;
(x) One representative from the nonprofessional staff;
and
[Title 72 RCW—page 50]
(xi) One representative of a minority community.
(b) At least one representative listed in (a)(viii), (ix), or
(x) of this subsection shall be a union member.
(c) Members shall serve four-year terms. Members of the
board shall be reimbursed for travel expenses as provided in
RCW 43.03.050 and 43.03.060 and shall receive compensation as provided in RCW 43.03.240.
(3) The boards established under this section shall:
(a) Monitor the operation and activities of the hospital;
(b) Review and advise on the hospital budget;
(c) Make recommendations to the governor and the legislature for improving the quality of service provided by the
hospital;
(d) Monitor and review the activities of the hospital in
implementing the intent of the legislature set forth in this section; and
(e) Consult with the secretary regarding persons the secretary may select as the superintendent of the hospital whenever a vacancy occurs.
(4)(a) There is established at eastern state hospital and
western state hospital, institutes for the study and treatment
of mental disorders. The institutes shall be operated by joint
operating agreements between state colleges and universities
and the department of social and health services. The institutes are intended to conduct training, research, and clinical
program development activities that will directly benefit
mentally ill persons receiving treatment in Washington state
by performing the following activities:
(i) Promote recruitment and retention of highly qualified
professionals at the state hospitals and community mental
health programs;
(ii) Improve clinical care by exploring new, innovative,
and scientifically based treatment models for persons presenting particularly difficult and complicated clinical syndromes;
(iii) Provide expanded training opportunities for existing
staff at the state hospitals and community mental health programs;
(iv) Promote bilateral understanding of treatment orientation, possibilities, and challenges between state hospital
professionals and community mental health professionals.
(b) To accomplish these purposes the institutes may,
within funds appropriated for this purpose:
(i) Enter joint operating agreements with state universities or other institutions of higher education to accomplish
the placement and training of students and faculty in psychiatry, psychology, social work, occupational therapy, nursing,
and other relevant professions at the state hospitals and community mental health programs;
(ii) Design and implement clinical research projects to
improve the quality and effectiveness of state hospital services and operations;
(iii) Enter into agreements with community mental
health service providers to accomplish the exchange of professional staff between the state hospitals and community
mental health service providers;
(iv) Establish a student loan forgiveness and conditional
scholarship program to retain qualified professionals at the
state hospitals and community mental health providers when
the secretary has determined a shortage of such professionals
exists.
(2004 Ed.)
Public and Private Facilities for Mentally Ill
(c) Notwithstanding any other provisions of law to the
contrary, the institutes may enter into agreements with the
department or the state hospitals which may involve changes
in staffing necessary to implement improved patient care programs contemplated by this section.
(d) The institutes are authorized to seek and accept public or private gifts, grants, contracts, or donations to accomplish their purposes under this section. [1998 c 245 § 141;
1992 c 230 § 1; 1989 c 205 § 21.]
Intent—1992 c 230: "It is the intent of this act to:
(1) Focus, restate, and emphasize the legislature's commitment to the
mental health reform embodied in chapter 111 [205], Laws of 1989 (SB
5400);
(2) Eliminate, or schedule for repeal, statutes that are no longer relevant to the regulation of the state's mental health program; and
(3) Reaffirm the state's commitment to provide incentives that reduce
reliance on inappropriate state hospital or other inpatient care." [1992 c 230
§ 3.]
Evaluation of transition to regional systems—1989 c 205: See note
following RCW 71.24.015.
72.23.080
utory name of the hospital under his charge and the name of
the state. He shall affix the seal of the hospital to any notice,
order of discharge, or other paper required to be given by him
or issued. [1959 c 28 § 72.23.040. Prior: 1951 c 139 § 8. Formerly RCW 71.02.540.]
72.23.050
72.23.050 Superintendent as witness—Exemptions
from military duty. The superintendent shall not be
required to attend any court as a witness in a civil or juvenile
court proceedings, but parties desiring his testimony can take
and use his deposition; nor shall he be required to attend as a
witness in any criminal case, unless the court before which
his testimony shall be desired shall, upon being satisfied of
the materiality of his testimony require his attendance; and, in
time of peace, he and all other persons employed at the hospital shall be exempt from performing military duty; and the
certificate of the superintendent shall be evidence of such
employment. [1979 ex.s. c 135 § 5; 1959 c 28 § 72.23.050.
Prior: 1951 c 139 § 9. Formerly RCW 71.02.520.]
72.23.027
72.23.027 Integrated service delivery—Incentives to
discourage inappropriate placement—Specialized care
programs. The secretary shall develop a system of more
integrated service delivery, including incentives to discourage the inappropriate placement of persons with developmental disabilities, head injury, and substance abuse, at state
mental hospitals and encourage their care in community settings. By December 1, 1992, the department shall submit an
implementation strategy, including budget proposals, to the
appropriate committees of the legislature for this system.
Under the system, state, local, or community agencies
may be given financial or other incentives to develop appropriate crisis intervention and community care arrangements.
The secretary may establish specialized care programs
for persons described in this section on the grounds of the
state hospitals. Such programs may operate according to professional standards that do not conform to existing federal or
private hospital accreditation standards. [1992 c 230 § 2.]
Intent—1992 c 230: See note following RCW 72.23.025.
72.23.030
72.23.030 Superintendent—Powers—Direction of
clinical care, exception. The superintendent of a state hospital subject to rules of the department, shall have control of
the internal government and economy of a state hospital and
shall appoint and direct all subordinate officers and employees. If the superintendent is not a psychiatrist, clinical care
shall be under the direction of a qualified psychiatrist. [1983
1st ex.s. c 41 § 28; 1969 c 56 § 2; 1959 c 28 § 72.23.030.
Prior: 1951 c 139 § 7. Formerly RCW 71.02.510.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Appointment of chief executive officers: RCW 72.01.060.
72.23.035 Background checks of prospective employees. In consultation with law enforcement personnel, the secretary shall have the power and duty to investigate the conviction record and the protection proceeding record information under chapter 43.43 RCW of each prospective employee
of a state hospital. [1989 c 334 § 12.]
72.23.035
Severability—1979 ex.s. c 135: See note following RCW 2.36.080.
72.23.060
72.23.060 Gifts—Record—Use. The superintendent is
authorized to accept and receive from any person or organization gifts of money or personal property on behalf of the
state hospital under his charge, or on behalf of the patients
therein. The superintendent is authorized to use such money
or personal property for the purposes specified by the donor
where such purpose is consistent with law. In the absence of
a specified use the superintendent may use such money or
personal property for the benefit of the state hospital under
his charge or for the general benefit of the patients therein.
The superintendent shall keep an accurate record of the
amount or kind of gift, the date received, and the name and
address of the donor. The superintendent may deposit any
money received as he sees fit upon the giving of adequate
security. Any increase resulting from such gift may be used
for the same purpose as the original gift. Gratuities received
for services rendered by a state hospital staff in their official
capacity shall be used for the purposes specified in this section. [1959 c 28 § 72.23.060. Prior: 1951 c 139 § 10. Formerly RCW 71.02.600.]
72.23.080
72.23.080 Voluntary patients—Legal competency—
Record. Any person received and detained in a state hospital
under chapter 71.34 RCW is deemed a voluntary patient and,
except as chapter 9.41 RCW may limit the right of a person to
purchase or possess a firearm or to qualify for a concealed
pistol license, shall not suffer a loss of legal competency by
reason of his or her application and admission. Upon the
admission of a voluntary patient to a state hospital the superintendent shall immediately forward to the department the
record of such patient showing the name, address, sex, date of
birth, place of birth, occupation, social security number, date
of admission, name of nearest relative, and such other information as the department may from time to time require.
[1994 sp.s. c 7 § 442; 1959 c 28 § 72.23.080. Prior: 1951 c
139 § 12; 1949 c 198 § 19, part; Rem. Supp. 1949 § 6953-19,
part. Formerly RCW 71.02.040.]
72.23.040
72.23.040 Seal of hospital. The superintendent shall
provide an official seal upon which shall be inscribed the stat(2004 Ed.)
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
[Title 72 RCW—page 51]
72.23.100
Title 72 RCW: State Institutions
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
72.23.100
72.23.100 Voluntary patients—Policy—Duration. It
shall be the policy of the department to permit liberal use of
the foregoing sections for the admission of those cases that
can be benefited by treatment and returned to normal life and
mental condition, in the opinion of the superintendent, within
a period of six months. No person shall be carried as a voluntary patient for a period of more than one year. [1973 1st
ex.s. c 142 § 5; 1959 c 28 § 72.23.100. Prior: 1951 c 139 §
14; 1949 c 198 § 19, part; Rem. Supp. 1949 § 6953-19, part.
Formerly RCW 71.02.060.]
Severability—Construction—Effective date—1973 1st ex.s. c 142:
See RCW 71.05.900 through 71.05.930.
72.23.110
72.23.110 Voluntary patients—Limitation as to number. If it becomes necessary because of inadequate facilities
or staff, the department may limit applicants for voluntary
admission in accordance with such rules and regulations as it
may establish. The department may refuse all applicants for
voluntary admission where lack of adequate facilities or staff
make such action necessary. [1959 c 28 § 72.23.110. Prior:
1951 c 139 § 15. Formerly RCW 71.02.070.]
72.23.120
72.23.120 Voluntary patients—Charges for hospitalization. Payment of hospitalization charges shall not be a
necessary requirement for voluntary admission: PROVIDED, HOWEVER, The department may request payment
of hospitalization charges, or any portion thereof, from the
patient or relatives of the patient within the following classifications: Spouse, parents, or children. Where the patient or
relatives within the above classifications refuse to make the
payments requested, the department shall have the right to
discharge such patient or initiate proceedings for involuntary
hospitalization. The maximum charge shall be the same for
voluntary and involuntary hospitalization. [1959 c 28 §
72.23.120. Prior: 1951 c 139 § 16. Formerly RCW
71.02.080.]
72.23.125
72.23.125 Temporary residential observation and
evaluation of persons requesting treatment. The department is directed to establish at each state hospital a procedure, including the necessary resources, to provide temporary
residential observation and evaluation of persons who request
treatment, unless admitted under *RCW 72.23.070. Temporary residential observation and evaluation under this section
shall be for a period of not less than twenty-four hours nor
more than forty-eight hours and may be provided informally
without complying with the admission procedure set forth in
*RCW 72.23.070 or the rules and regulations established
thereunder.
It is the intent of the legislature that temporary observation and evaluation as described in this section be provided in
all cases except where an alternative such as: (1) Delivery to
treatment outside the hospital, or (2) no need for treatment is
clearly indicated. [1979 ex.s. c 215 § 18.]
*Reviser's note: RCW 72.23.070 was repealed by 1985 c 354 § 34,
effective January 1, 1986. Later enactment, see chapter 71.34 RCW.
[Title 72 RCW—page 52]
72.23.130 History of patient. It shall be the duty of the
superintendent to ascertain by diligent inquiry and correspondence, the history of each and every patient admitted to his
hospital. [1959 c 28 § 72.23.130. Prior: 1951 c 139 § 40.
Formerly RCW 71.02.530.]
72.23.130
72.23.160 Escape—Apprehension and return. If a
patient shall escape from a state hospital the superintendent
shall cause immediate search to be made for him and return
him to said hospital wherever found. Notice of such escape
shall be given to the committing court who may issue an
order of apprehension and return directed to any peace officer
within the state. Notice may be given to any sheriff or peace
officer, who, when requested by the superintendent, may
apprehend and detain such escapee or return him to the state
hospital without warrant. [1959 c 28 § 72.23.160. Prior:
1951 c 139 § 43. Formerly RCW 71.02.630.]
72.23.160
72.23.170 Escape of patient—Penalty for assisting.
Any person who procures the escape of any patient of any
state hospital for the mentally ill, or institutions for psychopaths to which such patient has been lawfully committed, or
who advises, connives at, aids, or assists in such escape or
conceals any such escape, is guilty of a class C felony and
shall be punished by imprisonment in a state correctional
institution for a term of not more than five years or by a fine
of not more than five hundred dollars or by both imprisonment and fine. [2003 c 53 § 364; 1959 c 28 § 72.23.170.
Prior: 1957 c 225 § 1, part; 1949 c 198 § 20, part; Rem. Supp.
1949 § 6953-20, part. Formerly RCW 71.12.620, part.]
72.23.170
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
72.23.180 Discharge, parole, death, escape—
Notice—Certificate of discharge. Whenever a patient dies,
escapes, or is paroled or discharged from a state hospital, the
superintendent shall immediately notify the clerk of the court
which ordered such patient's hospitalization. A copy of such
notice shall be given to the next of kin or next friend of such
patient if their names or addresses are known or can, with reasonable diligence, be ascertained. Whenever a patient is discharged the superintendent shall issue such patient a certificate of discharge. Such notice or certificate shall give the date
of parole, discharge, or death of said patient, and shall state
the reasons for parole or discharge, or the cause of death, and
shall be signed by the superintendent. [1959 c 28 §
72.23.180. Prior: 1951 c 139 § 44. Formerly RCW
71.02.640.]
72.23.180
Disposition of property of deceased inmate of state institution: RCW
11.08.101, 11.08.111, 11.08.120.
72.23.190 Death—Report to coroner. In the event of
the sudden or mysterious death of any patient at a state hospital, not on parole or escape therefrom, such fact shall be
reported by the superintendent thereof to the coroner of the
county in which the death occurs. [1959 c 28 § 72.23.190.
Prior: 1951 c 139 § 45. Formerly RCW 71.02.660.]
72.23.190
72.23.200 Persons under eighteen—Confinement in
adult wards. No mentally ill person under the age of sixteen
years shall be regularly confined in any ward in any state hos72.23.200
(2004 Ed.)
Public and Private Facilities for Mentally Ill
pital which ward is designed and operated for the care of the
mentally ill eighteen years of age or over. No person of the
ages of sixteen and seventeen shall be placed in any such
ward, when in the opinion of the superintendent such placement would be detrimental to the mental condition of such a
person or would impede his recovery or treatment. [1971
ex.s. c 292 § 52; 1959 c 28 § 72.23.200. Prior: 1951 c 139 §
46; 1949 c 198 § 17; Rem. Supp. 1949 § 6953-17. Formerly
RCW 71.02.550.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
72.23.210
72.23.210 Persons under eighteen—Special wards
and attendants. The department may designate one or more
wards at one or more state hospitals as may be deemed necessary for the sole care and treatment of persons under eighteen
years of age admitted thereto. Nurses and attendants for such
ward or wards shall be selected for their special aptitude and
sympathy with such young people, and occupational therapy
and recreation shall be provided as may be deemed necessary
for their particular age requirements and mental improvement. [1971 ex.s. c 292 § 53; 1959 c 28 § 72.23.210. Prior:
1951 c 139 § 47; 1949 c 198 § 18; Rem. Supp. 1949 §
6953-18. Formerly RCW 71.02.560.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
72.23.260
expenditures shall be forwarded to the department, and shall
be open to inspection by interested parties: PROVIDED,
That all interest accruing from, or as a result of the deposit of
such moneys in a single fund shall be used by the superintendent for the general welfare of all the patients of such institution: PROVIDED, FURTHER, That when the personal
accounts of patients exceed three hundred dollars, the interest
accruing from such excess shall be credited to the personal
accounts of such patients. All such expenditures shall be
accounted for by the superintendent.
The appointment of a guardian for the estate of such
patient shall terminate the superintendent's authority to pay
state hospitalization charges from funds subject to the control
of the guardianship upon the superintendent's receipt of a certified copy of letters of guardianship. Upon the guardian's
request, the superintendent shall forward to such guardian
any funds subject to the control of the guardianship or other
property of the patient remaining in the superintendent's possession, together with a final accounting of receipts and
expenditures. [1987 c 75 § 21; 1985 c 245 § 4; 1971 c 82 § 1;
1959 c 60 § 1; 1959 c 28 § 72.23.230. Prior: 1953 c 217 § 2;
1951 c 139 § 49. Formerly RCW 71.02.570.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
Guardianship of estate: Chapters 11.88 and 11.92 RCW.
72.23.230
72.23.230 Patient's property—Superintendent as
custodian—Management and accounting. The superintendent of a state hospital shall be the custodian without compensation of such personal property of a patient involuntarily
hospitalized therein as may come into the superintendent's
possession while the patient is under the jurisdiction of the
hospital. As such custodian, the superintendent shall have
authority to disburse moneys from the patients' funds for the
following purposes only and subject to the following limitations:
(1) The superintendent may disburse any of the funds in
his possession belonging to a patient for such personal needs
of that patient as may be deemed necessary by the superintendent; and
(2) Whenever the funds belonging to any one patient
exceed the sum of one thousand dollars or a greater sum as
established by rules and regulations of the department, the
superintendent may apply the excess to reimbursement for
state hospitalization and/or outpatient charges of such patient
to the extent of a notice and finding of responsibility issued
under RCW 43.20B.340; and
(3) When a patient is paroled, the superintendent shall
deliver unto the said patient all or such portion of the funds or
other property belonging to the patient as the superintendent
may deem necessary and proper in the interests of the
patient's welfare, and the superintendent may during the
parole period deliver to the patient such additional property
or funds belonging to the patient as the superintendent may
from time to time determine necessary and proper. When a
patient is discharged from the jurisdiction of the hospital, the
superintendent shall deliver to such patient all funds or other
property belonging to the patient, subject to the conditions of
subsection (2) of this section.
All funds held by the superintendent as custodian may be
deposited in a single fund. Annual reports of receipts and
(2004 Ed.)
72.23.240
72.23.240 Patient's property—Delivery to superintendent as acquittance—Defense, indemnity. Upon
receipt of a written request signed by the superintendent stating that a designated patient of such hospital is involuntarily
hospitalized therein, and that no guardian of his estate has
been appointed, any person, bank, firm or corporation having
possession of any money, bank accounts, or choses in action
owned by such patient, may, if the balance due does not
exceed one thousand dollars, deliver the same to the superintendent and mail written notice thereof to such patient at such
hospital. The receipt of the superintendent shall be full and
complete acquittance for such payment and the person, bank,
firm or corporation making such payment shall not be liable
to the patient or his legal representatives. All funds so
received by the superintendent shall be deposited in such
patient's personal account at such hospital and be administered in accordance with this chapter.
If any proceeding is brought in any court to recover
property so delivered, the attorney general shall defend the
same without cost to the person, bank, firm or corporation
effecting such delivery, and the state shall indemnify such
person, bank, firm or corporation against any judgment rendered as a result of such proceeding. [1959 c 28 § 72.23.240.
Prior: 1953 c 217 § 1. Formerly RCW 71.02.575.]
72.23.250
72.23.250 Funds donated to patients. The superintendent shall also have authority to receive funds for the benefit
of individual patients and may disburse such funds according
to the instructions of the donor of such funds. [1959 c 28 §
72.23.250. Prior: 1951 c 139 § 50. Formerly RCW
71.02.580.]
72.23.260
72.23.260 Federal patients—Agreements authorized.
The department shall have the power, in the name of the state,
[Title 72 RCW—page 53]
72.23.280
Title 72 RCW: State Institutions
to enter into contracts with any duly authorized representative of the United States government, providing for the
admission to, and the separate or joint observation, maintenance, care, treatment and custody in, state hospitals of persons entitled to or requiring the same, at the expense of the
United States, and contracts providing for the separate or
joint maintenance, care, treatment or custody of such persons
hospitalized in the manner provided by law, and to perform
such contracts, which contracts shall provide that all payments due the state of Washington from the United States for
services rendered under said contracts shall be paid to the
department. [1959 c 28 § 72.23.260. Prior: 1951 c 139 § 65.
Formerly RCW 71.02.460.]
72.23.280
72.23.280 Nonresidents—Hospitalization. Nonresidents of this state conveyed or coming herein while mentally
ill shall not be hospitalized in a state hospital, but this prohibition shall not prevent the hospitalization and temporary
care in said hospitals of such persons stricken with mental illness while traveling or temporarily sojourning in this state, or
sailors attacked with mental illness upon the high seas and
first arriving thereafter in some port within this state. [1959
c 28 § 72.23.280. Prior: 1951 c 139 § 67. Formerly RCW
71.02.470.]
72.23.290
72.23.290 Transfer of patients—Authority of transferee. Whenever it appears to be to the best interests of the
patients concerned, the department shall have the authority to
transfer such patients among the various state hospitals pursuant to rules and regulations established by said department.
The superintendent of a state hospital shall also have authority to transfer patients eligible for treatment to the veterans
administration or other United States government agency
where such transfer is satisfactory to such agency. Such
agency shall possess the same authority over such patients as
the superintendent would have possessed had the patient
remained in a state hospital. [1959 c 28 § 72.23.290. Prior:
1951 c 139 § 68. Formerly RCW 71.02.480.]
Commitment to veterans' administration or other federal agency: RCW
73.36.165.
72.23.300
72.23.300 Bringing narcotics, intoxicating liquors,
weapons, etc., into institution or its grounds prohibited—
Penalty. Any person not authorized by law so to do, who
brings into any state institution for the care and treatment of
mental illness or within the grounds thereof, any opium, morphine, cocaine or other narcotic, or any intoxicating liquor of
any kind whatever, except for medicinal or mechanical purposes, or any firearms, weapons, or explosives of any kind is
guilty of a class B felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 365; 1959 c 28 § 72.23.300. Prior:
1949 c 198 § 52; Rem. Supp. 1949 § 6932-52. Formerly
RCW 71.12.630.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Uniform controlled substances act: Chapter 69.50 RCW.
72.23.400
72.23.400 Workplace safety plan. (1) By November 1,
2000, each state hospital shall develop a plan, for implementation by January 1, 2001, to reasonably prevent and protect
[Title 72 RCW—page 54]
employees from violence at the state hospital. The plan shall
be developed with input from the state hospital's safety committee, which includes representation from management,
unions, nursing, psychiatry, and key function staff as appropriate. The plan shall address security considerations related
to the following items, as appropriate to the particular state
hospital, based upon the hazards identified in the assessment
required under subsection (2) of this section:
(a) The physical attributes of the state hospital including
access control, egress control, door locks, lighting, and alarm
systems;
(b) Staffing, including security staffing;
(c) Personnel policies;
(d) First aid and emergency procedures;
(e) Reporting violent acts, taking appropriate action in
response to violent acts, and follow-up procedures after violent acts;
(f) Development of criteria for determining and reporting verbal threats;
(g) Employee education and training; and
(h) Clinical and patient policies and procedures including those related to smoking; activity, leisure, and therapeutic
programs; communication between shifts; and restraint and
seclusion.
(2) Before the development of the plan required under
subsection (1) of this section, each state hospital shall conduct a security and safety assessment to identify existing or
potential hazards for violence and determine the appropriate
preventive action to be taken. The assessment shall include,
but is not limited to analysis of data on violence and worker's
compensation claims during at least the preceding year, input
from staff and patients such as surveys, and information relevant to subsection (1)(a) through (h) of this section.
(3) In developing the plan required by subsection (1) of
this section, the state hospital may consider any guidelines on
violence in the workplace or in the state hospital issued by the
department of health, the department of social and health services, the department of labor and industries, the federal
occupational safety and health administration, medicare, and
state hospital accrediting organizations.
(4) The plan must be evaluated, reviewed, and amended
as necessary, at least annually. [2000 c 22 § 3.]
Findings—2000 c 22: "The legislature finds that:
(1) Workplace safety is of paramount importance in state hospitals for
patients and the staff that treat them;
(2) Based on an analysis of workers' compensation claims, the department of labor and industries reports that state hospital employees face high
rates of workplace violence in Washington state;
(3) State hospital violence is often related to the nature of the patients
served, people who are both mentally ill and too dangerous for treatment in
their home community, and people whose behavior is driven by elements of
mental illness including desperation, confusion, delusion, or hallucination;
(4) Patients and employees should be assured a reasonably safe and
secure environment in state hospitals;
(5) The state hospitals have undertaken efforts to assure that patients
and employees are safe from violence, but additional personnel training and
appropriate safeguards may be needed to prevent workplace violence and
minimize the risk and dangers affecting people in state hospitals; and
(6) Duplication and redundancy should be avoided so as to maximize
resources available for patient care." [2000 c 22 § 1.]
72.23.410
72.23.410 Violence prevention training. By July 1,
2001, and at least annually thereafter, as set forth in the plan
developed under RCW 72.23.400, each state hospital shall
(2004 Ed.)
Nonresident Mentally Ill, Sexual Psychopaths, and Psychopathic Delinquents
provide violence prevention training to all its affected
employees as determined by the plan. Initial training shall
occur prior to assignment to a patient unit, and in addition to
his or her ongoing training as determined by the plan. The
training may vary by the plan and may include, but is not limited to, classes, videotapes, brochures, verbal training, or
other verbal or written training that is determined to be appropriate under the plan. The training shall address the following
topics, as appropriate to the particular setting and to the
duties and responsibilities of the particular employee being
trained, based upon the hazards identified in the assessment
required under RCW 72.23.400:
(1) General safety procedures;
(2) Personal safety procedures and equipment;
(3) The violence escalation cycle;
(4) Violence-predicting factors;
(5) Obtaining patient history for patients with violent
behavior or a history of violent acts;
(6) Verbal and physical techniques to de-escalate and
minimize violent behavior;
(7) Strategies to avoid physical harm;
(8) Restraining techniques;
(9) Documenting and reporting incidents;
(10) The process whereby employees affected by a violent act may debrief;
(11) Any resources available to employees for coping
with violence;
(12) The state hospital's workplace violence prevention
plan;
(13) Use of the intershift reporting process to communicate between shifts regarding patients who are agitated; and
(14) Use of the multidisciplinary treatment process or
other methods for clinicians to communicate with staff
regarding patient treatment plans and how they can collaborate to prevent violence. [2000 c 22 § 4.]
Findings—2000 c 22: See note following RCW 72.23.400.
72.23.420
72.23.420 Record of violent acts. Beginning no later
than July 1, 2000, each state hospital shall keep a record of
any violent act against an employee or a patient occurring at
the state hospital. Each record shall be kept for at least five
years following the act reported during which time it shall be
available for inspection by the department of labor and industries upon request. At a minimum, the record shall include:
(1) Necessary information for the state hospital to comply with the requirements of chapter 49.17 RCW related to
employees that may include:
(a) A full description of the violent act;
(b) When the violent act occurred;
(c) Where the violent act occurred;
(d) To whom the violent act occurred;
(e) Who perpetrated the violent act;
(f) The nature of the injury;
(g) Weapons used;
(h) Number of witnesses; and
(i) Action taken by the state hospital in response to the
violence; and
(2) Necessary information for the state hospital to comply with current and future expectations of the joint commis(2004 Ed.)
Chapter 72.25
sion on hospital accreditation related to violence perpetrated
upon patients which may include:
(a) The nature of the violent act;
(b) When the violent act occurred;
(c) To whom it occurred; and
(d) The nature and severity of any injury. [2000 c 22 §
5.]
Findings—2000 c 22: See note following RCW 72.23.400.
72.23.430
72.23.430 Noncompliance—Citation under chapter
49.17 RCW. Failure of a state hospital to comply with this
chapter shall subject the hospital to citation under chapter
49.17 RCW. [2000 c 22 § 6.]
Findings—2000 c 22: See note following RCW 72.23.400.
72.23.440
72.23.440 Technical assistance and training. A state
hospital needing assistance to comply with RCW 72.23.400
through 72.23.420 may contact the department of labor and
industries for assistance. The state departments of labor and
industries, social and health services, and health shall collaborate with representatives of state hospitals to develop technical assistance and training seminars on plan development and
implementation, and shall coordinate their assistance to state
hospitals. [2000 c 22 § 7.]
Findings—2000 c 22: See note following RCW 72.23.400.
72.23.900
72.23.900 Construction—Purpose—1959 c 28. The
provisions of this chapter shall be liberally construed so that
persons who are in need of care and treatment for mental illness shall receive humane care and treatment and be restored
to normal mental condition as rapidly as possible with an
avoidance of loss of civil rights where not necessary, and
with as little formality as possible, still preserving all rights
and all privileges of the person as guaranteed by the Constitution. [1959 c 28 § 72.23.900. Prior: 1951 c 139 § 1.]
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
72.23.910
72.23.910 Construction—Effect on laws relating to
the criminally insane—"Insane" as used in other statutes.
Nothing in this chapter shall be construed as affecting the
laws of this state relating to the criminally insane or insane
inmates of penal institutions. Where the term "insane" is used
in other statutes of this state its meaning shall be synonymous
with mental illness as defined in this chapter. [1959 c 28 §
72.23.910. Prior: 1951 c 139 § 4; 1949 c 198 § 15; Rem.
Supp. 1949 § 6953-15. Formerly RCW 71.02.020.]
Chapter 72.25 RCW
NONRESIDENT MENTALLY ILL, SEXUAL
PSYCHOPATHS, AND PSYCHOPATHIC
DELINQUENTS—DEPORTATION,
TRANSPORTATION
Chapter 72.25
Sections
72.25.010
72.25.020
72.25.030
Deportation of aliens—Return of residents.
Return of nonresidents—Reciprocity—Expense—Resident of
this state defined.
Assistance—Payment of expenses.
[Title 72 RCW—page 55]
72.25.010
Title 72 RCW: State Institutions
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
72.25.010
72.25.010 Deportation of aliens—Return of residents. It shall be the duty of the secretary of the department
of social and health services, in cooperation with the United
States bureau of immigration and/or the United States department of the interior, to arrange for the deportation of all alien
sexual psychopaths, psychopathic delinquents, or mentally ill
persons who are now confined in, or who may hereafter be
committed to, any state hospital for the sexual psychopath,
psychopathic delinquent, or the mentally ill in this state; to
transport such alien sexual psychopaths, psychopathic delinquents, or mentally ill persons to such point or points as may
be designated by the United States bureau of immigration or
by the United States department of the interior; and to give
written permission for the return of any resident of Washington now or hereafter confined in a hospital for the sexual psychopath, psychopathic delinquent, or the mentally ill in a territory of the United States or in a foreign country. Mentally ill
person for the purposes of this section shall be any person
defined as mentally ill under RCW 72.23.010, as now or
hereafter amended. [1977 ex.s. c 80 § 49; 1965 c 78 § 1; 1959
c 28 § 72.25.010. Prior: 1957 c 29 § 1; 1953 c 232 § 1. Formerly RCW 71.04.270.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Minors—Mental health services, commitment: Chapter 71.34 RCW.
Sexual psychopaths: Chapter 71.06 RCW.
72.25.020
72.25.020 Return of nonresidents—Reciprocity—
Expense—Resident of this state defined. The secretary
shall also return all nonresident sexual psychopaths, psychopathic delinquents, or mentally ill persons who are now confined in or who may hereafter be committed to a state hospital
for the sexual psychopath, psychopathic delinquent, or the
mentally ill in this state to the states or state in which they
may have a legal residence. For the purpose of facilitating the
return of such persons the secretary may enter into a reciprocal agreement with any other state for the mutual exchange of
sexual psychopaths, psychopathic delinquents, or mentally ill
persons now confined in or hereafter committed to any hospital for the sexual psychopath, psychopathic delinquent, or the
mentally ill in one state whose legal residence is in the other,
and he may give written permission for the return of any resident of Washington now or hereafter confined in a hospital
for the sexual psychopath, psychopathic delinquent, or the
mentally ill in another state. Such residents may be returned
directly to the proper Washington state institution without
further court proceedings: PROVIDED, That if the superintendent of such institution is of the opinion that the returned
person is not a sexual psychopath, a psychopathic delinquent,
or mentally ill person he may discharge said patient: PROVIDED FURTHER, That if such superintendent deems such
person a sexual psychopath, a psychopathic delinquent, or
mentally ill person, he shall file an application for commitment within ninety days of arrival at the Washington institution.
A person shall be deemed to be a resident of this state
within the meaning of this chapter who has maintained his
domiciliary residence in this state for a period of one year
[Title 72 RCW—page 56]
preceding commitment to a state institution without receiving
assistance from any tax supported organization and who has
not subsequently acquired a domicile in another state: PROVIDED, That any period of time spent by such person while
an inmate of a state hospital or state institution or while on
parole, escape, or leave of absence therefrom shall not be
counted in determining the time of residence in this or
another state.
All expenses incurred in returning sexual psychopaths,
psychopathic delinquents, or mentally ill persons from this to
another state may be paid by this state, but the expense of
returning residents of this state shall be borne by the state
making the return. Mentally ill person for the purposes of this
section shall be any person defined as mentally ill under
RCW 72.23.010, as now or hereafter amended. [1977 ex.s. c
80 § 50; 1965 c 78 § 2; 1959 c 28 § 72.25.020. Prior: 1957 c
29 § 2; 1953 c 232 § 2. Formerly RCW 71.04.280.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
72.25.030
72.25.030 Assistance—Payment of expenses. For the
purpose of carrying out the provisions of this chapter the secretary may employ all help necessary in arranging for and
transporting such alien and nonresident sexual psychopaths,
psychopathic delinquents, or mentally ill persons, and the
cost and expense of providing such assistance, and all
expenses incurred in effecting the transportation of such alien
and nonresident sexual psychopaths, psychopathic delinquents, or mentally ill persons, shall be paid from the funds
appropriated for that purpose upon vouchers approved by the
department. Mentally ill person for the purposes of this section shall be any person defined as mentally ill under RCW
72.23.010, as now or hereafter amended. [1977 ex.s. c 80 §
51; 1965 c 78 § 3; 1959 c 28 § 72.25.030. Prior: 1957 c 29 §
3; 1953 c 232 § 3. Formerly RCW 71.04.290.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Chapter 72.27 RCW
INTERSTATE COMPACT ON MENTAL HEALTH
Chapter 72.27
Sections
72.27.010
72.27.020
72.27.030
72.27.040
72.27.050
72.27.060
72.27.070
Compact enacted.
Secretary is compact administrator—Rules and regulations—
Cooperation with other agencies.
Supplementary agreements.
Financial arrangements.
Prerequisites for transfer of person to another party state—
Release or return of residents, jurisdiction, laws applicable.
Transmittal of copies of chapter.
Right to deport aliens and return residents of nonparty states
preserved.
72.27.010
72.27.010 Compact enacted. The Interstate Compact
on Mental Health is hereby enacted into law and entered into
by this state with all other states legally joining therein in the
form substantially as follows:
The contracting states solemnly agree that:
ARTICLE I
The party states find that the proper and expeditious
treatment of the mentally ill and mentally deficient can be
facilitated by cooperative action, to the benefit of the
(2004 Ed.)
Interstate Compact on Mental Health
patients, their families, and society as a whole. Further, the
party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to
the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the
purpose of this compact and of the party states to provide the
necessary legal basis for the institutionalization or other
appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount
importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.
ARTICLE II
As used in this compact:
(a) "Sending state" shall mean a party state from which a
patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so
sent.
(b) "Receiving state" shall mean a party state to which a
patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so
sent.
(c) "Institution" shall mean any hospital or other facility
maintained by a party state or political subdivision thereof for
the care and treatment of mental illness or mental deficiency.
(d) "Patient" shall mean any person subject to or eligible
as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to
the provisions of this compact.
(e) "After-care" shall mean care, treatment and services
provided a patient, as defined herein, on convalescent status
or conditional release.
(f) "Mental illness" shall mean mental disease to such
extent that a person so afflicted requires care and treatment
for his own welfare, or the welfare of others, or of the community.
(g) "Mental deficiency" shall mean mental deficiency as
defined by appropriate clinical authorities to such extent that
a person so afflicted is incapable of managing himself and his
affairs, but shall not include mental illness as defined herein.
(h) "State" shall mean any state, territory or possession
of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
ARTICLE III
(a) Whenever a person physically present in any party
state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care
and treatment in an institution in that state irrespective of his
residence, settlement or citizenship qualifications.
(b) The provisions of paragraph (a) of this article to the
contrary notwithstanding, any patient may be transferred to
an institution in another state whenever there are factors
based upon clinical determinations indicating that the care
and treatment of said patient would be facilitated or improved
thereby. Any such institutionalization may be for the entire
period of care and treatment or for any portion or portions
thereof. The factors referred to in this paragraph shall include
the patient's full record with due regard for the location of the
(2004 Ed.)
72.27.010
patient's family, character of the illness and probable duration
thereof, and such other factors as shall be considered appropriate.
(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the
sending state has given advance notice of its intention to send
the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving
state an opportunity to examine the patient if said authorities
so wish; and unless the receiving state shall agree to accept
the patient.
(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an
interstate patient under this compact shall receive the same
priority as a local patient and shall be taken in the same order
and at the same time that he would be taken if he were a local
patient.
(e) Pursuant to this compact, the determination as to the
suitable place of institutionalization for a patient may be
reviewed at any time and such further transfer of the patient
may be made as seems likely to be in the best interest of the
patient.
ARTICLE IV
(a) Whenever, pursuant to the laws of the state in which
a patient is physically present, it shall be determined that the
patient should receive after-care or supervision, such care or
supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending
state shall have reason to believe that after-care in another
state would be in the best interest of the patient and would not
jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be
accompanied by complete information concerning the
patient's intended place of residence and the identity of the
person in whose charge it is proposed to place the patient, the
complete medical history of the patient, and such other documents as may be pertinent.
(b) If the medical or other appropriate clinical authorities
having responsibility for the care and treatment of the patient
in the sending state and the appropriate authorities in the
receiving state find that the best interest of the patient would
be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state.
(c) In supervising, treating, or caring for a patient on
after-care pursuant to the terms of this article, a receiving
state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local
patients.
ARTICLE V
Whenever a dangerous or potentially dangerous patient
escapes from an institution in any party state, that state shall
promptly notify all appropriate authorities within and without
the jurisdiction of the escape in a manner reasonably calcu[Title 72 RCW—page 57]
72.27.010
Title 72 RCW: State Institutions
lated to facilitate the speedy apprehension of the escapee.
Immediately upon the apprehension and identification of any
such dangerous or potentially dangerous patient, he shall be
detained in the state where found pending disposition in
accordance with law.
ARTICLE VI
The duly accredited officers of any state party to this
compact, upon the establishment of their authority and the
identity of the patient, shall be permitted to transport any
patient being moved pursuant to this compact through any
and all states party to this compact, without interference.
ARTICLE VII
(a) No person shall be deemed a patient of more than one
institution at any given time. Completion of transfer of any
patient to an institution in a receiving state shall have the
effect of making the person a patient of the institution in the
receiving state.
(b) The sending state shall pay all costs of and incidental
to the transportation of any patient pursuant to this compact,
but any two or more party states may, by making a specific
agreement for that purpose, arrange for a different allocation
of costs as among themselves.
(c) No provision of this compact shall be construed to
alter or affect any internal relationships among the departments, agencies and officers of and in the government of a
party state, or between a party state and its subdivisions, as to
the payment of costs, or responsibilities therefor.
(d) Nothing in this compact shall be construed to prevent
any party state or subdivision thereof from asserting any right
against any person, agency or other entity in regard to costs
for which such party state or subdivision thereof may be
responsible pursuant to any provision of this compact.
(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a
nonparty state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory
authority pursuant to which such agreements may be made.
ARTICLE VIII
(a) Nothing in this compact shall be construed to abridge,
diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or in
respect of any patient for whom he may serve, except that
where the transfer of any patient to another jurisdiction
makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the
receiving state may make such supplemental or substitute
appointment and the court which appointed the previous
guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve
the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances: PROVIDED, HOWEVER, That in the case of any patient having
settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to
relieve a guardian appointed by it or continue his power and
responsibility, whichever it shall deem advisable. The court
[Title 72 RCW—page 58]
in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in
the sending state in lieu of making a supplemental or substitute appointment.
(b) The term "guardian" as used in paragraph (a) of this
article shall include any guardian, trustee, legal committee,
conservator, or other person or agency however denominated
who is charged by law with power to act for or responsibility
for the person or property of a patient.
ARTICLE IX
(a) No provision of this compact except Article V shall
apply to any person institutionalized while under sentence in
a penal or correctional institution or while subject to trial on
a criminal charge, or whose institutionalization is due to the
commission of an offense for which, in the absence of mental
illness or mental deficiency, said person would be subject to
incarceration in a penal or correctional institution.
(b) To every extent possible, it shall be the policy of
states party to this compact that no patient shall be placed or
detained in any prison, jail or lockup, but such patient shall,
with all expedition, be taken to a suitable institutional facility
for mental illness or mental deficiency.
ARTICLE X
(a) Each party state shall appoint a "compact administrator" who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall
receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact
by his state either in the capacity of sending or receiving
state. The compact administrator or his duly designated representative shall be the official with whom other party states
shall deal in any matter relating to the compact or any patient
processed thereunder.
(b) The compact administrators of the respective party
states shall have power to promulgate reasonable rules and
regulations to carry out more effectively the terms and provisions of this compact.
ARTICLE XI
The duly constituted administrative authorities of any
two or more party states may enter into supplementary agreements for the provision of any service or facility or for the
maintenance of any institution on a joint or cooperative basis
whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care
and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed
so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.
ARTICLE XII
This compact shall enter into full force and effect as to
any state when enacted by it into law and such state shall
thereafter be a party thereto with any and all states legally
joining therein.
(2004 Ed.)
Interstate Compact on Mental Health
ARTICLE XIII
(a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been
communicated officially and in writing to the governors and
compact administrators of all other party states. However, the
withdrawal of any state shall not change the status of any
patient who has been sent to said state or sent out of said state
pursuant to the provisions of the compact.
(b) Withdrawal from any agreement permitted by Article
VII(b) as to costs or from any supplementary agreement
made pursuant to Article XI shall be in accordance with the
terms of such agreement.
ARTICLE XIV
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact
shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby.
If this compact shall be held contrary to the constitution of
any state party thereto, the compact shall remain in full force
and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
[1965 ex.s. c 26 § 1.]
Chapter added: "The foregoing provisions of this act are added to
chapter 28, Laws of 1959 and to Title 72 RCW, and shall constitute a new
chapter therein." [1965 ex.s. c 26 § 8.]
Effective date—1965 ex.s. c 26: "This act shall take effect upon July 1,
1965." [1965 ex.s. c 26 § 9.]
72.27.020
72.27.020 Secretary is compact administrator—
Rules and regulations—Cooperation with other agencies.
Pursuant to said compact provided in RCW 72.27.010, the
secretary of social and health services shall be the compact
administrator and who, acting jointly with like officers of
other party states, shall have power to promulgate rules and
regulations to carry out more effectively the terms of the
compact. The compact administrator is hereby authorized,
empowered and directed to cooperate with all departments,
agencies and officers of and in the government of this state
and its subdivisions in facilitating the proper administration
of the compact or any supplementary agreement or agreements entered into by this state thereunder. [1979 c 141 §
233; 1965 ex.s. c 26 § 2.]
72.27.030
72.27.030 Supplementary agreements. The compact
administrator is hereby authorized and empowered to enter
into supplementary agreements with appropriate officials of
other states pursuant to Articles VII and XI of the compact. In
the event that such supplementary agreements shall require or
contemplate the use of any institution or facility of this state
or require or contemplate the provision of any service by this
state, no such agreement shall have force or effect until
approved by the head of the department or agency under
whose jurisdiction said institution or facility is operated or
(2004 Ed.)
72.27.070
whose department or agency will be charged with the rendering of such service. [1965 ex.s. c 26 § 3.]
72.27.040
72.27.040 Financial arrangements. The compact
administrator, subject to the moneys available therefor, may
make or arrange for any payments necessary to discharge any
financial obligations imposed upon this state by the compact
or by any supplementary agreement entered into thereunder.
[1965 ex.s. c 26 § 4.]
72.27.050
72.27.050 Prerequisites for transfer of person to
another party state—Release or return of residents, jurisdiction, laws applicable. No person shall be transferred to
another party state pursuant to this chapter unless the compact administrator first shall have obtained either:
(a) The written consent to such transfer by the proposed
transferee or by others on his behalf, which consent shall be
executed in accordance with the requirements of *RCW
72.23.070, and if such person was originally committed
involuntarily, such consent also shall be approved by the
committing court; or
(b) An order of the superior court approving such transfer, which order shall be obtained from the committing court,
if such person was committed involuntarily, otherwise from
the superior court of the county where such person resided at
the time of such commitment; and such order shall be issued
only after notice and hearing in the manner provided for the
involuntary commitment of mentally ill or mentally deficient
persons as the case may be.
The courts of this state shall have concurrent jurisdiction
with the appropriate courts of other party states to hear and
determine petitions seeking the release or return of residents
of this state who have been transferred from this state under
this chapter to the same extent as if such persons were hospitalized in this state; and the laws of this state relating to the
release of such persons shall govern the disposition of any
such proceeding. [1965 ex.s. c 26 § 5.]
*Reviser's note: RCW 72.23.070 was repealed by 1985 c 354 § 34,
effective January 1, 1986. Later enactment, see chapter 71.34 RCW.
72.27.060
72.27.060 Transmittal of copies of chapter. Duly
authorized copies of this chapter shall, upon its approval be
transmitted by the secretary of state to the governor of each
state, the attorney general and the administrator of general
services of the United States, and the council of state governments. [1965 ex.s. c 26 § 6.]
72.27.070
72.27.070 Right to deport aliens and return residents
of nonparty states preserved. Nothing in this chapter shall
affect the right of the secretary of social and health services to
deport aliens and return residents of nonparty states as provided in chapter 72.25 RCW. [1979 c 141 § 234; 1965 ex.s.
c 26 § 7.]
[Title 72 RCW—page 59]
Chapter 72.29
Title 72 RCW: State Institutions
Chapter 72.29 RCW
MULTI-USE FACILITIES FOR THE MENTALLY
OR PHYSICALLY HANDICAPPED OR
THE MENTALLY ILL
Chapter 72.29
Charitable organizations—Application for registration—Contents—Fee—
Veterans' affairs—Notice, advice: RCW 19.09.075.
Commitment to veterans administration or other federal agency: RCW
73.36.165.
Disposition of property of deceased inmate of state institution: RCW
11.08.101, 11.08.111, 11.08.120.
Sections
72.29.010
Harrison Memorial Hospital property and facilities (Olympic
Center for Mental Health and Mental Retardation).
72.29.010 Harrison Memorial Hospital property and
facilities (Olympic Center for Mental Health and Mental
Retardation). After the acquisition of Harrison Memorial
Hospital, the department of social and health services is
authorized to enter into contracts for the repair or remodeling
of the hospital to the extent they are necessary and reasonable, in order to establish a multi-use facility for the mentally
or physically handicapped or the mentally ill. The secretary
of the department of social and health services is authorized
to determine the most feasible and desirable use of the facility
and to operate the facility in the manner he deems most beneficial to the mentally and physically handicapped, or the
mentally ill, and is authorized, but not limited to programs for
out-patient, diagnostic and referral, day care, vocational and
educational services to the community which he determines
are in the best interest of the state. [1977 ex.s. c 80 § 52; 1965
c 11 § 3.]
72.29.010
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Declaration of purpose—1965 c 11: "The state facilities to provide
community services to the mentally and physically deficient and the mentally ill are inadequate to meet the present demand. Great savings to the taxpayers can be achieved while helping to meet these worthwhile needs. It is
therefore the purpose of this act to provide for acquisition or lease of Harrison Memorial Hospital property and facilities and the operation thereof as a
multi-use facility for the mentally and physically deficient and the mentally
ill." [1965 c 11 § 1.]
Department created—Powers and duties transferred to: RCW 43.20A.030.
Use of Harrison Memorial Hospital property for services for persons with
developmental disabilities: RCW 71A.20.040.
Employment of dental hygienist without supervision of dentist authorized in
state institutions: RCW 18.29.056.
Record as to patients or inmates for purposes of vital statistics: RCW
70.58.270.
72.36.010
72.36.010 Establishment of soldiers' home. There is
established at Orting, Pierce county, an institution which
shall be known as the Washington soldiers' home. [1959 c 28
§ 72.36.010. Prior: 1901 c 167 § 1; 1890 p 269 § 1; RRS §
10727.]
72.36.020
72.36.020 Superintendents—Licensed nursing home
administrator. The director of the department of veterans
affairs shall appoint a superintendent for each state veterans'
home. The superintendent shall exercise management and
control of the institution in accordance with either policies or
procedures promulgated by the director of the department of
veterans affairs, or both, and rules and regulations of the
department. In accordance with chapter 18.52 RCW, the individual appointed as superintendent for either state veterans'
home shall be a licensed nursing home administrator. The
department may request a waiver to, or seek an alternate
method of compliance with, the federal requirement for a
licensed on-site administrator during a transition phase from
July 1, 1993, to June 30, 1994. [1993 sp.s. c 3 § 4; 1977 c 31
§ 2; 1959 c 28 § 72.36.020. Prior: 1890 p 271 § 7; RRS §
10728.]
Effective date—1993 sp.s. c 3: See note following RCW 72.36.140.
Findings—1993 sp.s. c 3: See RCW 72.36.1601.
Chief executive officers, general provisions: RCW 72.01.060.
72.36.030
Chapter 72.36
Chapter 72.36 RCW
SOLDIERS' AND VETERANS' HOMES
Sections
72.36.010
72.36.020
72.36.030
72.36.035
72.36.037
72.36.040
72.36.045
72.36.050
72.36.055
72.36.060
72.36.070
72.36.075
72.36.077
72.36.090
72.36.100
72.36.110
72.36.120
72.36.140
72.36.145
72.36.150
72.36.160
72.36.1601
Establishment of soldiers' home.
Superintendents—Licensed nursing home administrator.
Admission—Applicants must apply for federal and state benefits.
Definitions.
Resident rights.
Colony established—Who may be admitted.
State veterans' homes—Maintenance defined.
Regulations of home applicable—Rations, medical attendance, clothing.
Domiciliary and nursing care to be provided.
Federal funds.
Washington veterans' home.
Eastern Washington veterans' home.
Eastern Washington veterans' home—Funding—Intent.
Hobby promotion.
Purchase of equipment, materials for therapy, hobbies.
Burial of deceased member or deceased spouse.
Deposit of veteran income—Expenditures and revenue control.
Medicaid qualifying operations.
Reduction in allowable income—Certification of qualifying
operations.
Resident council—Generally.
Personal needs allowance.
Findings.
[Title 72 RCW—page 60]
72.36.030 Admission—Applicants must apply for
federal and state benefits. All of the following persons who
have been actual bona fide residents of this state at the time of
their application, and who are indigent and unable to support
themselves and their families may be admitted to a state veterans' home under rules as may be adopted by the director of
the department, unless sufficient facilities and resources are
not available to accommodate these people:
(1)(a) All honorably discharged veterans of a branch of
the armed forces of the United States or merchant marines;
(b) members of the state militia disabled while in the line of
duty; (c) Filipino World War II veterans who swore an oath
to American authority and who participated in military
engagements with American soldiers; and (d) the spouses of
these veterans, merchant marines, and members of the state
militia. However, it is required that the spouse was married to
and living with the veteran three years prior to the date of
application for admittance, or, if married to him or her since
that date, was also a resident of a state veterans' home in this
state or entitled to admission thereto;
(2)(a) The spouses of: (i) All honorably discharged veterans of the United States armed forces; (ii) merchant
marines; and (iii) members of the state militia who were disabled while in the line of duty and who were residents of a
(2004 Ed.)
Soldiers' and Veterans' Homes
state veterans' home in this state or were entitled to admission
to one of this state's state veteran homes at the time of death;
(b) the spouses of: (i) All honorably discharged veterans of a
branch of the United States armed forces; (ii) merchant
marines; and (iii) members of the state militia who would
have been entitled to admission to one of this state's state veterans' homes at the time of death, but for the fact that the
spouse was not indigent, but has since become indigent and
unable to support himself or herself and his or her family.
However, the included spouse shall be at least fifty years old
and have been married to and living with their husband or
wife for three years prior to the date of their application. The
included spouse shall not have been married since the death
of his or her husband or wife to a person who is not a resident
of one of this state's state veterans' homes or entitled to
admission to one of this state's state veterans' homes; and
(3) All applicants for admission to a state veterans' home
shall apply for all federal and state benefits for which they
may be eligible, including medical assistance under chapter
74.09 RCW. [1998 c 322 § 49; 1993 sp.s. c 3 § 5; 1977 ex.s.
c 186 § 1; 1975 c 13 § 1; 1959 c 28 § 72.36.030. Prior: 1915
c 106 § 1; 1911 c 124 § 1; 1905 c 152 § 1; 1901 c 167 § 2;
1890 p 270 § 2; RRS § 10729.]
Effective date—1998 c 322 §§ 1-37, 40-49, and 52-54: See RCW
74.46.906.
Severability—1998 c 322: See RCW 74.46.907.
Effective date—1993 sp.s. c 3: See note following RCW 72.36.140.
Findings—1993 sp.s. c 3: See RCW 72.36.1601.
Severability—1977 ex.s. c 186: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 186 § 12.]
72.36.035
72.36.035 Definitions. For purposes of this chapter,
unless the context clearly indicates otherwise:
(1) "Actual bona fide residents of this state" means persons who have a domicile in the state of Washington immediately prior to application for admission to a state veterans'
home.
(2) "Department" means the Washington state department of veterans affairs.
(3) "Domicile" means a person's true, fixed, and permanent home and place of habitation, and shall be the place
where the person intends to remain, and to which the person
expects to return when the person leaves without intending to
establish a new domicile elsewhere.
(4) "State veterans' homes" means the Washington soldiers' home and colony in Orting, the Washington veterans'
home in Retsil, and the eastern Washington veterans' home.
(5) "Veteran" has the same meaning established in RCW
41.04.007. [2002 c 292 § 5; 2001 2nd sp.s. c 4 § 2; 1993 sp.s.
c 3 § 6; 1991 c 240 § 2; 1977 ex.s. c 186 § 11.]
Effective date—1993 sp.s. c 3: See note following RCW 72.36.140.
Findings—1993 sp.s. c 3: See RCW 72.36.1601.
Severability—1977 ex.s. c 186: See note following RCW 72.36.030.
72.36.050
72.36.040
72.36.040 Colony established—Who may be admitted. There is hereby established what shall be known as the
"Colony of the State Soldiers' Home." All of the following
persons who reside within the limits of Orting school district
and have been actual bona fide residents of this state at the
time of their application and who have personal property of
less than one thousand five hundred dollars and/or a monthly
income insufficient to meet their needs outside of residence
in such colony and soldiers' home as determined by standards
of the department of veterans' affairs, may be admitted to
membership in said colony under such rules and regulations
as may be adopted by the department.
(1) All honorably discharged veterans who have served
in the armed forces of the United States during wartime,
members of the state militia disabled while in the line of duty,
and their respective spouses with whom they have lived for
three years prior to application for membership in said colony. Also, the spouse of any such veteran or disabled member
of the state militia is eligible for membership in said colony,
if such spouse is the widow or widower of a veteran who was
a member of a soldiers' home or colony in this state or entitled to admission thereto at the time of death: PROVIDED,
That such veterans and members of the state militia shall,
while they are members of said colony, be living with their
said spouses.
(2) The spouses of all veterans who were members of a
soldiers' home or colony in this state or entitled to admission
thereto at the time of death, and the spouses of all veterans
who would have been entitled to admission to a soldiers'
home or colony in this state at the time of death but for the
fact that they were not indigent and unable to support themselves and families, which spouses have since the death of
their said husbands or wives become indigent and unable to
earn a support for themselves: PROVIDED, That such
spouses are not less than fifty years of age and have not been
married since the decease of their said husbands or wives to
any person not a member of a soldiers' home or colony in this
state or entitled to admission thereto. Any resident of said
colony may be admitted to the state soldiers' home for temporary care when requiring treatment. [1977 ex.s. c 186 § 2.
Prior: 1973 1st ex.s. c 154 § 102; 1973 c 101 § 1; 1959 c 235
§ 1; 1959 c 28 § 72.36.040; prior: 1947 c 190 § 1; 1925 ex.s.
c 74 § 1; 1915 c 106 § 2; Rem. Supp. 1947 § 10730.]
Severability—1977 ex.s. c 186: See note following RCW 72.36.030.
72.36.045
72.36.045 State veterans' homes—Maintenance
defined. In the maintenance of the state veterans' homes by
the state through the department of veterans' affairs, such
maintenance shall include, but not be limited to, the provision
of members' room and board, medical and dental care, physical and occupational therapy, and recreational activities, with
the necessary implementing transportation, equipment, and
personnel therefor. [2001 2nd sp.s. c 4 § 3; 1977 ex.s. c 186
§ 10.]
Severability—1977 ex.s. c 186: See note following RCW 72.36.030.
72.36.037
72.36.037 Resident rights. Chapter 70.129 RCW
applies to this chapter and persons regulated under this chapter. [1994 c 214 § 23.]
Severability—Conflict with federal requirements—Captions not
law—1994 c 214: See RCW 70.129.900 through 70.129.902.
(2004 Ed.)
72.36.050
72.36.050 Regulations of home applicable—Rations,
medical attendance, clothing. The members of the colony
established in RCW 72.36.040 as now or hereafter amended
shall, to all intents and purposes, be members of the state sol[Title 72 RCW—page 61]
72.36.055
Title 72 RCW: State Institutions
diers' home and subject to all the rules and regulations
thereof, except the requirements of fatigue duty, and each
member shall, in accordance with rules and regulations
adopted by the director, be supplied with medical attendance
and supplies from the home dispensary, rations, and clothing
for a member and spouse, or for a spouse admitted under
RCW 72.36.040 as now or hereafter amended. The value of
the supplies, rations, and clothing furnished such persons
shall be determined by the director of veterans affairs and be
included in the biennial budget. [1979 c 65 § 1; 1973 1st ex.s.
c 154 § 103; 1967 c 112 § 1; 1959 c 28 § 72.36.050. Prior:
1947 c 190 § 2; 1939 c 161 § 1; 1927 c 276 § 1; 1925 ex.s. c
74 § 1; 1915 c 106 § 3; Rem. Supp. 1947 § 10731.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
72.36.055
72.36.055 Domiciliary and nursing care to be provided. The state veterans' homes shall provide both domiciliary and nursing care. The level of domiciliary members shall
remain consistent with the facilities available to accommodate those members: PROVIDED, That nothing in this section shall preclude the department from moving residents
between nursing and domiciliary care in order to better utilize
facilities and maintain the appropriate care for the members.
[2001 2nd sp.s. c 4 § 4; 1977 ex.s. c 186 § 6.]
Severability—1977 ex.s. c 186: See note following RCW 72.36.030.
72.36.077
72.36.077 Eastern Washington veterans' home—
Funding—Intent. The department of veterans affairs indicates that it may acquire and staff an existing one-hundredbed skilled nursing facility in Spokane and reopen it as an
eastern Washington veterans' home by using a combination
of funding sources. Funding sources include federal per diem
payments, contributions from residents' incomes, and federal
and state medicaid payments. In authorizing the establishment of an eastern Washington veterans' home, it is the intent
of the legislature that the state general fund shall not provide
support in future biennia for the eastern Washington veterans'
home except for amounts required to pay the state share of
medicaid costs. [2001 2nd sp.s. c 4 § 1.]
72.36.090
72.36.090 Hobby promotion. The superintendents of
the state veterans' homes are hereby authorized to:
(1) Institute programs of hobby promotion designed to
improve the general welfare and mental condition of the persons under their supervision;
(2) Provide for the financing of these programs by grants
from funds in the superintendent's custody through operation
of canteens and exchanges at such institutions;
(3) Limit the hobbies sponsored to projects which will,
in their judgment, be self-liquidating or self-sustaining.
[2001 2nd sp.s. c 4 § 8; 1977 ex.s. c 186 § 9; 1959 c 28 §
72.36.090. Prior: 1949 c 114 § 1; Rem. Supp. 1949 § 107361.]
72.36.060
72.36.060 Federal funds. The state treasurer is authorized to receive any and all moneys appropriated or paid by
the United States under the act of congress entitled "An Act
to provide aid to state or territorial homes for disabled soldiers and sailors of the United States," approved August 27,
1888, or under any other act or acts of congress for the benefit
of such homes. Such moneys shall be deposited in the general
fund and shall be expended for the maintenance of the state
veterans' homes. [2001 2nd sp.s. c 4 § 5; 1977 ex.s. c 186 §
3; 1959 c 28 § 72.36.060. Prior: 1897 c 67 § 1; RRS §
10735.]
Severability—1977 ex.s. c 186: See note following RCW 72.36.030.
72.36.070
72.36.070 Washington veterans' home. There shall be
established and maintained in this state a branch of the state
soldiers' home, under the name of the "Washington veterans'
home," which branch shall be a home for honorably discharged veterans who have served the United States government in any of its wars, members of the state militia disabled
while in the line of duty, and who are bona fide citizens of the
state, and also the spouses of such veterans. [1977 ex.s. c 186
§ 4; 1959 c 28 § 72.36.070. Prior: 1907 c 156 § 1; RRS §
10733.]
Severability—1977 ex.s. c 186: See note following RCW 72.36.030.
Severability—1977 ex.s. c 186: See note following RCW 72.36.030.
72.36.100
72.36.100 Purchase of equipment, materials for therapy, hobbies. The superintendent of each institution referred
to in RCW 72.36.090 may purchase, from the appropriation
to the institution, for operations, equipment or materials
designed to initiate the programs authorized by RCW
72.36.090. [1959 c 28 § 72.36.100. Prior: 1949 c 114 § 2;
Rem. Supp. 1949 § 10736-2.]
Division of purchasing: RCW 43.19.190.
72.36.110
72.36.110 Burial of deceased member or deceased
spouse. The superintendent of the Washington veterans'
home and the superintendent of the Washington soldiers'
home and colony are hereby authorized to provide for the
burial of deceased members in the cemeteries provided at the
Washington veterans' home and Washington soldiers' home:
PROVIDED, That this section shall not be construed to prevent any relative from assuming jurisdiction of such deceased
persons: PROVIDED FURTHER, That the superintendent
of the Washington soldiers' home and colony is hereby authorized to provide for the burial of husbands and wives of members of the colony of the Washington soldiers' home. [1959 c
120 § 1; 1959 c 28 § 72.36.110. Prior: 1955 c 247 § 7.]
Disposition of property of deceased inmate of state institution: RCW
11.08.101, 11.08.111, 11.08.120.
72.36.075
72.36.075 Eastern Washington veterans' home.
There shall be established and maintained in this state a
branch of the state soldiers' home, under the name of the
"eastern Washington veterans' home," which branch shall be
a home for veterans and their spouses who meet admission
requirements contained in RCW 72.36.030. [2001 2nd sp.s.
c 4 § 6.]
[Title 72 RCW—page 62]
72.36.120
72.36.120 Deposit of veteran income—Expenditures
and revenue control. All income of residents of a state veterans' home, other than the personal needs allowance and
income from therapeutic employment, shall be deposited in
the state general fund— local and be available to apply
against the cost of care provided by the state veterans' homes.
(2004 Ed.)
Soldiers' and Veterans' Homes
The resident council created under RCW 72.36.150 may
make recommendations on expenditures under this section.
All expenditures and revenue control shall be subject to chapter 43.88 RCW. [1993 sp.s. c 3 § 7; 1977 ex.s. c 186 § 7.]
Effective date—1993 sp.s. c 3: See note following RCW 72.36.140.
Findings—1993 sp.s. c 3: See RCW 72.36.1601.
Severability—1977 ex.s. c 186: See note following RCW 72.36.030.
72.36.140 Medicaid qualifying operations. Qualifying operations at state veterans' homes operated by the
department of veterans affairs, may be provided under the
state's medicaid reimbursement system as administered by
the department of social and health services.
The department of veterans affairs may contract with the
department of social and health services under the authority
of RCW 74.09.120 but shall be exempt from RCW
74.46.660(6), and the provisions of *RCW 74.46.420
through 74.46.590 shall not apply to the medicaid rate-setting
and reimbursement systems. The nursing care operations at
the state veterans' homes shall be subject to inspection by the
department of social and health services. This includes every
part of the state veterans' home's premises, an examination of
all records, including financial records, methods of administration, general and special dietary programs, the disbursement of drugs, methods of supply, and any other records the
department of social and health services deems relevant.
[1993 sp.s. c 3 § 2.]
72.36.140
*Reviser's note: RCW 74.46.420 through 74.46.590 were repealed by
1995 1st sp.s. c 18 § 98, effective June 30, 1998.
Effective date—1993 sp.s. c 3: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 sp.s. c 3 § 12.]
Findings—1993 sp.s. c 3: See RCW 72.36.1601.
72.36.145 Reduction in allowable income—Certification of qualifying operations. No reduction in the allowable
income provided for in current department rules may take
effect until the effective date of certification of qualifying
operations at state veterans' homes for participation in the
state's medicaid reimbursement system. [1993 sp.s. c 3 § 10.]
72.36.145
Effective date—1993 sp.s. c 3: See note following RCW 72.36.140.
Findings—1993 sp.s. c 3: See RCW 72.36.1601.
72.36.150 Resident council—Generally. The department of veterans affairs shall provide by rule for the annual
election of a resident council for each state veterans' home.
The council shall annually elect a chair from among its members, who shall call and preside at council meetings. The resident council shall serve in an advisory capacity to the director of the department of veterans affairs and to the superintendent in all matters related to policy and operational decisions
affecting resident care and life in the home.
By October 31, 1993, the department shall adopt rules
that provide for specific duties and procedures of the resident
council which create an appropriate and effective relationship
between residents and the administration. These rules shall be
adopted after consultation with the resident councils and the
state long-term care ombuds, and shall include, but not be
limited to the following:
(1) Provision of staff technical assistance to the councils;
72.36.150
(2004 Ed.)
72.36.1601
(2) Provision of an active role for residents in developing
choices regarding activities, foods, living arrangements, personal care, and other aspects of resident life;
(3) A procedure for resolving resident grievances; and
(4) The role of the councils in assuring that resident
rights are observed.
The development of these rules should include consultation with all residents through the use of both questionnaires
and group discussions.
The resident council for each state veterans' home shall
annually review the proposed expenditures from the benefit
fund that shall contain all private donations to the home, all
bequeaths, and gifts. Disbursements from each benefit fund
shall be for the benefit and welfare of the residents of the state
veterans' homes. Disbursements from the benefits funds shall
be on the authorization of the superintendent or his or her
authorized representative after approval has been received
from the home's resident council.
The superintendent or his or her designated representative shall meet with the resident council at least monthly. The
director of the department of veterans affairs shall meet with
each resident council at least three times each year. [1993
sp.s. c 3 § 3.]
Effective date—1993 sp.s. c 3: See note following RCW 72.36.140.
Findings—1993 sp.s. c 3: See RCW 72.36.1601.
72.36.160
72.36.160 Personal needs allowance. The legislature
finds that to meet the objectives of RCW 72.36.1601, the personal needs allowance for all nursing care residents of the
state veterans' homes shall be an amount approved by the federal health care financing authority, but not less than ninety
dollars or more than one hundred sixty dollars per month during periods of residency. For all domiciliary residents, the
personal needs allowance shall be one hundred sixty dollars
per month, or a higher amount defined in rules adopted by the
department. [1993 sp.s. c 3 § 9.]
Effective date—1993 sp.s. c 3: See note following RCW 72.36.140.
Findings—1993 sp.s. c 3: See RCW 72.36.1601.
72.36.1601
72.36.1601 Findings. The legislature finds that continued operation of state veterans' homes is necessary to meet
the needs of eligible veterans for shelter, personal and nursing care, and related services; that certain residents of veterans' homes or services provided to them may be eligible for
participation in the state's medicaid reimbursement system;
and that authorizing medicaid participation is appropriate to
address the homes' long-term funding needs. The legislature
also finds that it is important to maintain the dignity and selfrespect of residents of veterans' homes, by providing for continued resident involvement in the homes' operation, and
through retention of current law guaranteeing a minimum
amount of allowable personal income necessary to meet the
greater costs for these residents of transportation, communication, and participation in family and community activities
that are vitally important to their maintenance and rehabilitation. [1993 sp.s. c 3 § 1.]
Effective date—1993 sp.s. c 3: See note following RCW 72.36.140.
[Title 72 RCW—page 63]
Chapter 72.40
Chapter 72.40
Title 72 RCW: State Institutions
Chapter 72.40 RCW
STATE SCHOOLS FOR BLIND, DEAF,
SENSORY HANDICAPPED
Sections
72.40.010
72.40.019
72.40.020
72.40.022
72.40.023
72.40.024
72.40.028
72.40.031
72.40.040
72.40.050
72.40.060
72.40.070
72.40.080
72.40.090
72.40.100
72.40.110
72.40.120
72.40.200
72.40.210
72.40.220
72.40.230
72.40.240
72.40.250
72.40.260
72.40.270
72.40.280
Schools established—Purpose—Direction.
State school for the deaf—Appointment of superintendent—
Qualifications.
State school for the blind—Appointment of superintendent—
Qualifications.
Superintendent of the state school for the blind—Powers and
duties.
Superintendent of the state school for the deaf—Powers and
duties.
Superintendents—Additional powers and duties.
Teachers' qualifications—Salaries—Provisional certification.
School year—School term—Legal holidays—Use of schools.
Who may be admitted.
Admission of nonresidents.
Duty of school districts.
Duty of educational service districts.
Duty of parents.
Weekend transportation—Expense.
Penalty.
Employees' hours of labor.
School for the deaf—School for the blind—Appropriations.
Safety of students and protection from child abuse and neglect.
Reports to parents—Requirement.
Behavior management policies, procedures, and techniques.
Staff orientation and training.
Residential staffing requirement.
Protection from child abuse and neglect—Supervision of
employees and volunteers—Procedures.
Protection from child abuse and neglect—Student instruction.
Protection from sexual victimization—Policy.
Monitoring of residential program by department of social and
health services—Recommendations—Comprehensive child
health and safety reviews—Access to records and documents—Safety standards.
Disposition of property of deceased inmate of state institution: RCW
11.08.101, 11.08.111, 11.08.120.
Employment of dental hygienist without supervision of dentist authorized in
state institutions: RCW 18.29.056.
Handicapped children, parental responsibility, commitment: Chapter 26.40
RCW.
Record as to patients or inmates for purposes of vital statistics: RCW
70.58.270.
Teachers' qualifications at state schools for the deaf and blind: RCW
72.40.028.
72.40.010
72.40.010 Schools established—Purpose—Direction.
There are established at Vancouver, Clark county, a school
which shall be known as the state school for the blind, and a
separate school which shall be known as the state school for
the deaf. The primary purpose of the state school for the blind
and the state school for the deaf is to educate and train hearing and visually impaired children.
The school for the blind shall be under the direction of
the superintendent with the advice of the board of trustees.
The school for the deaf shall be under the direction of the
superintendent and the board of trustees. [2002 c 209 § 1;
1985 c 378 § 11; 1959 c 28 § 72.40.010. Prior: 1913 c 10 §
1; 1886 p 136 § 1; RRS § 4645.]
Effective date—2002 c 209: See note following RCW 72.42.021.
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
72.40.019 State school for the deaf—Appointment of
superintendent—Qualifications. The governor shall
appoint a superintendent for the state school for the deaf. The
superintendent shall have a masters degree from an accred72.40.019
[Title 72 RCW—page 64]
ited college or university in school administration or deaf
education, five years of experience teaching deaf students in
the classroom, and three years administrative or supervisory
experience in programs for deaf students. [1985 c 378 § 14.]
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
72.40.020
72.40.020 State school for the blind—Appointment
of superintendent—Qualifications. The governor shall
appoint a superintendent for the state school for the blind.
The superintendent shall have a masters degree from an
accredited college or university in school administration or
blind education, five years of experience teaching blind students in the classroom, and three years administrative or
supervisory experience in programs for blind students. [1985
c 378 § 13; 1979 c 141 § 247; 1959 c 28 § 72.40.020. Prior:
1909 c 97 p 258 § 5; RRS § 4649.]
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
72.40.022
72.40.022 Superintendent of the state school for the
blind—Powers and duties. In addition to any other powers
and duties prescribed by law, the superintendent of the state
school for the blind:
(1) Shall have full control of the school and the property
of various kinds.
(2) May establish criteria, in addition to state certification, for teachers at the school.
(3) Shall employ members of the faculty, administrative
officers, and other employees, who shall all be subject to
chapter 41.06 RCW, the state civil service law, unless specifically exempted by other provisions of law.
(4) Shall establish the course of study including vocational training, with the assistance of the faculty and the
advice of the board of trustees.
(5) May establish new facilities as needs demand.
(6) May adopt rules, under chapter 34.05 RCW, as
deemed necessary for the government, management, and
operation of the housing facilities.
(7) Shall control the use of the facilities and authorize the
use of the facilities for night school, summer school, public
meetings, or other purposes consistent with the purposes of
the school.
(8) May adopt rules for pedestrian and vehicular traffic
on property owned, operated, and maintained by the school.
(9) Shall purchase all supplies and lease or purchase
equipment and other personal property needed for the operation or maintenance of the school.
(10) Except as otherwise provided by law, may enter into
contracts as the superintendent deems essential to the purpose
of the school.
(11) May receive gifts, grants, conveyances, devises, and
bequests of real or personal property from whatever source,
as may be made from time to time, in trust or otherwise,
whenever the terms and conditions will aid in carrying out the
programs of the school; sell, lease or exchange, invest, or
expend the same or the proceeds, rents, profits, and income
thereof except as limited by the terms and conditions thereof;
and adopt rules to govern the receipt and expenditure of the
proceeds, rents, profits, and income thereof.
(2004 Ed.)
State Schools for Blind, Deaf, Sensory Handicapped
(12) May, except as otherwise provided by law, enter
into contracts the superintendent deems essential for the
operation of the school.
(13) May adopt rules providing for the transferability of
employees between the school for the deaf and the school for
the blind consistent with collective bargaining agreements in
effect.
(14) Shall prepare and administer the school's budget
consistent with RCW 43.88.160 and the budget and accounting act, chapter 43.88 RCW generally, as applicable.
(15) May adopt rules under chapter 34.05 RCW and perform all other acts not forbidden by law as the superintendent
deems necessary or appropriate to the administration of the
school. [2002 c 209 § 2; 1993 c 147 § 1; 1985 c 378 § 15.]
Effective date—2002 c 209: See note following RCW 72.42.021.
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
72.40.023 Superintendent of the state school for the
deaf—Powers and duties. In addition to any other powers
and duties prescribed by law, the superintendent of the state
school for the deaf:
(1) Shall have the responsibility for the supervision and
management of the school and the property of various kinds.
(2) May establish criteria, in addition to state certification, for the teachers at the school.
(3) Shall employ members of the faculty, administrative
officers, and other employees, who shall all be subject to
chapter 41.06 RCW, the state civil service law, unless specifically exempted by other provisions of law.
(4) Shall establish the course of study including vocational training, with the assistance of the faculty and the
approval of the board of trustees.
(5) May establish, with the approval of the board of trustees, new facilities as needs demand.
(6) May adopt rules, under chapter 34.05 RCW, as
approved by the board of trustees, as deemed necessary for
the governance, management, and operation of the housing
facilities.
(7) Shall, as approved by the board of trustees, control
the use of the facilities and authorize the use of the facilities
for night school, summer school, public meetings, or other
purposes consistent with the purposes of the school.
(8) May adopt rules, as approved by the board of trustees, for pedestrian and vehicular traffic on property owned,
operated, and maintained by the school.
(9) Shall purchase all supplies and lease or purchase
equipment and other personal property needed for the operation or maintenance of the school.
(10) Except as otherwise provided by law, may enter into
contracts as the superintendent deems essential to the purpose
of the school.
(11) May receive gifts, grants, conveyances, devises, and
bequests of real or personal property from whatever source,
as may be made from time to time, in trust or otherwise,
whenever the terms and conditions will aid in carrying out the
programs of the school; sell, lease or exchange, invest, or
expend the same or the proceeds, rents, profits, and income
thereof except as limited by the terms and conditions thereof;
and adopt rules to govern the receipt and expenditure of the
proceeds, rents, profits, and income thereof.
72.40.023
(2004 Ed.)
72.40.031
(12) May adopt rules, as approved by the board of trustees, providing for the transferability of employees between
the school for the deaf and the school for the blind consistent
with collective bargaining agreements in effect.
(13) Shall prepare, submit to the board of trustees for
approval, and administer the budget consistent with RCW
43.88.160 and the budget and accounting act, chapter 43.88
RCW generally, as applicable.
(14) May adopt rules under chapter 34.05 RCW, as
approved by the board of trustees, and perform all other acts
not forbidden by law as the superintendent deems necessary
or appropriate to the administration of the school. [2002 c
209 § 3.]
Effective date—2002 c 209: See note following RCW 72.42.021.
72.40.024
72.40.024 Superintendents—Additional powers and
duties. In addition to the powers and duties under RCW
72.40.022 and 72.40.023, the superintendent of each school
shall:
(1) Monitor the location and educational placement of
each student reported to the superintendents by the educational service district superintendents;
(2) Provide information about educational programs,
instructional techniques, materials, equipment, and resources
available to students with visual or auditory impairments to
the parent or guardian, educational service district superintendent, and the superintendent of the school district where
the student resides; and
(3) Serve as a consultant to the office of the superintendent of public instruction, provide instructional leadership,
and assist school districts in improving their instructional
programs for students with visual or hearing impairments.
[2002 c 209 § 4; 1993 c 147 § 2; 1985 c 378 § 17.]
Effective date—2002 c 209: See note following RCW 72.42.021.
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
72.40.028
72.40.028 Teachers' qualifications—Salaries—Provisional certification. All teachers at the state school for the
deaf and the state school for the blind shall meet all certification requirements and the programs shall meet all accreditation requirements and conform to the standards defined by
law or by rule of the state board of education or the office of
the state superintendent of public instruction. The superintendents, by rule, may adopt additional educational standards for
their respective schools. Salaries of all certificated employees
shall be set so as to conform to and be contemporary with salaries paid to other certificated employees of similar background and experience in the school district in which the program or facility is located. The superintendents may provide
for provisional certification for teachers in their respective
schools including certification for emergency, temporary,
substitute, or provisional duty. [1985 c 378 § 18.]
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
72.40.031
72.40.031 School year—School term—Legal holidays—Use of schools. The school year for the state school
for the blind and the state school for the deaf shall commence
on the first day of July of each year and shall terminate on the
[Title 72 RCW—page 65]
72.40.040
Title 72 RCW: State Institutions
30th day of June of the succeeding year. The regular school
term shall be for a period of nine months and shall commence
as near as reasonably practical at the time of the commencement of regular terms in the public schools, with the equivalent number of days as are now required by law, and the regulations of the superintendent of public instruction as now or
hereafter amended, during the school year in the public
schools. The school shall observe all legal holidays, in the
same manner as other agencies of state government, and the
schools will not be in session on such days and such other
days as may be approved by the respective superintendents.
During the period when the schools are not in session during
the regular school term, schools may be operated, subject to
the approval of the respective superintendents, for the
instruction of students or for such other reasons which are in
furtherance of the objects and purposes of such schools.
[1985 c 378 § 16; 1979 c 141 § 248; 1970 ex.s. c 50 § 6.]
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
will be required to pay annually or quarterly in advance a sufficient amount to cover the cost of maintaining and educating
such children as set by the applicable superintendent.
(2) The admission and retention criteria developed and
published by each school superintendent shall contain a provision allowing the schools to refuse to admit or retain a nonresident student who is an adjudicated sex offender, or the
equivalent under the laws of the state in which the student
resides, except that the schools shall not admit or retain a
nonresident student who is an adjudicated level III sex
offender or the equivalent under the laws of the state in which
the student resides. [2000 c 125 § 9; 1985 c 378 § 20; 1979 c
141 § 249; 1959 c 28 § 72.40.050. Prior: 1909 c 97 p 258 §
4; 1897 c 118 § 251; 1886 p 141 § 32; RRS § 4648.]
Conflict with federal requirements—2000 c 125: See note following
RCW 72.40.200.
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
72.40.060
72.40.040
72.40.040 Who may be admitted. (1) The schools
shall be free to residents of the state between the ages of three
and twenty-one years, who are blind/visually impaired or
deaf/hearing impaired, or with other disabilities where a
vision or hearing disability is the major need for services.
(2) The schools may provide nonresidential services to
children ages birth through three who meet the eligibility criteria in this section, subject to available funding.
(3) Each school shall admit and retain students on a
space available basis according to criteria developed and
published by each school superintendent in consultation with
each board of trustees and school faculty: PROVIDED, That
students over the age of twenty-one years, who are otherwise
qualified may be retained at the school, if in the discretion of
the superintendent in consultation with the faculty they are
proper persons to receive further training given at the school
and the facilities are adequate for proper care, education, and
training.
(4) The admission and retention criteria developed and
published by each school superintendent shall contain a provision allowing the schools to refuse to admit or retain a student who is an adjudicated sex offender except that the
schools shall not admit or retain a student who is an adjudic a t ed l ev e l I I I s e x o f f e n d e r a s p r o v i d e d i n R C W
13.40.217(3). [2000 c 125 § 8; 1993 c 147 § 3; 1985 c 378 §
19; 1984 c 160 § 4; 1977 ex.s. c 80 § 68; 1969 c 39 § 1; 1959
c 28 § 72.40.040. Prior: 1955 c 260 § 1; 1909 c 97 p 258 § 3;
1903 c 140 § 1; 1897 c 118 § 229; 1886 p 136 § 2; RRS §
4647.]
Conflict with federal requirements—2000 c 125: See note following
RCW 72.40.200.
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
Severability—1984 c 160: See note following RCW 28A.155.020.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
72.40.050
72.40.050 Admission of nonresidents. (1) The superintendents may admit to their respective schools visually or
hearing impaired children from other states as appropriate,
but the parents or guardians of such children or other state
[Title 72 RCW—page 66]
72.40.060 Duty of school districts. It shall be the duty
of all school districts in the state, to report to their respective
educational service districts the names of all visually or hearing impaired youth residing within their respective school
districts who are between the ages of three and twenty-one
years. [1985 c 378 § 21; 1975 1st ex.s. c 275 § 151; 1969
ex.s. c 176 § 97; 1959 c 28 § 72.40.060. Prior: 1909 c 97 p
258 § 6; 1897 c 118 § 252; 1890 p 497 § 1; RRS § 4650.]
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
Effective date—1969 ex.s. c 176: The effective date of this section,
RCW 72.40.070, 72.40.080, and 72.40.100 was April 25, 1969.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Superintendent's duties: RCW 28A.400.030.
72.40.070
72.40.070 Duty of educational service districts. It
shall be the duty of each educational service district to make
a full and specific report of visually or hearing impaired
youth to the superintendent of the school for the blind or the
school for the deaf, as the case may be and the superintendent
of public instruction, annually. The superintendent of public
instruction shall report about the hearing or visually impaired
youth to the school for the blind and the school for the deaf,
as the case may be, annually. [1985 c 378 § 22; 1979 c 141 §
250; 1975 1st ex.s. c 275 § 152; 1969 ex.s. c 176 § 98; 1959
c 28 § 72.40.070. Prior: 1909 c 97 p 259 § 7; 1897 c 118 §
253; 1890 p 497 § 2; RRS § 4651.]
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
Effective date—1969 ex.s. c 176: See note following RCW 72.40.060.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Educational service districts—Superintendents—Boards: Chapter 28A.310
RCW.
72.40.080
72.40.080 Duty of parents. It shall be the duty of the
parents or the guardians of all such visually or hearing
impaired youth to send them each year to the proper school.
Full and due consideration shall be given to the parent's or
guardian's preference as to which program the child should
attend. The educational service district superintendent shall
(2004 Ed.)
State Schools for Blind, Deaf, Sensory Handicapped
72.40.220
take all action necessary to enforce this section. [1993 c 147
§ 4; 1985 c 378 § 23; 1975 1st ex.s. c 275 § 153; 1969 ex.s. c
176 § 99; 1959 c 28 § 72.40.080. Prior: 1909 c 97 p 259 § 8;
1897 c 118 § 254; 1890 p 498 § 3; RRS § 4652.]
the state school for the blind shall promote the personal safety
of students and protect the children who attend from child
abuse and neglect as defined in RCW 26.44.020. [2000 c 125
§ 1.]
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
Conflict with federal requirements—2000 c 125: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned. Rules
adopted under this act must meet federal requirements that are a necessary
condition to the receipt of federal funds by the state." [2000 c 125 § 11.]
Effective date—1969 ex.s. c 176: See note following RCW 72.40.060.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Handicapped children, parental responsibility, commitment: Chapter 26.40
RCW.
72.40.090
72.40.090 Weekend transportation—Expense. Notwithstanding any other provision of law, the state school for
the blind and the school for the deaf may arrange and provide
for weekend transportation to and from schools. This transportation shall be at no cost to students and parents, as
allowed within the appropriations allocated to the schools.
[1993 c 147 § 5; 1985 c 378 § 24; 1975 c 51 § 1; 1959 c 28 §
72.40.090. Prior: 1909 c 97 p 259 § 9; 1899 c 142 § 28; 1899
c 81 § 2; 1897 c 118 § 255; RRS § 4653.]
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
72.40.100
72.40.100 Penalty. Any parent, guardian, or educational service district superintendent who, without proper
cause, fails to carry into effect the provisions of this chapter
shall be guilty of a misdemeanor, and upon conviction
thereof, upon the complaint of any officer or citizen of the
county or state, before any district or superior court, shall be
fined in any sum not less than fifty nor more than two hundred dollars. [1987 c 202 § 229; 1985 c 378 § 25; 1975 1st
ex.s. c 275 § 154; 1969 ex.s. c 176 § 100; 1959 c 28 §
72.40.100. Prior: 1909 c 97 p 259 § 10; 1897 c 118 § 256;
1890 p 498 § 5; RRS § 4654.]
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
Effective date—1969 ex.s. c 176: See note following RCW 72.40.060.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
72.40.110
72.40.110 Employees' hours of labor. Employees'
hours of labor shall follow all state merit rules as they pertain
to various work classifications and current collective bargaining agreements. [1993 c 147 § 6; 1985 c 378 § 12.]
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
72.40.120
72.40.120 School for the deaf—School for the blind—
Appropriations. Any appropriation for the school for the
deaf or the school for the blind shall be made directly to the
school for the deaf or the school for the blind. [1991 c 65 §
1.]
Effective date—1991 c 65: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 65 § 3.]
72.40.200
72.40.200 Safety of students and protection from
child abuse and neglect. The state school for the deaf and
(2004 Ed.)
72.40.210
72.40.210 Reports to parents—Requirement. The
superintendents of the state school for the deaf and the state
school for the blind or their designees shall immediately
report to the persons indicated the following events:
(1) To the child's parent, custodian, or guardian:
(a) The death of the child;
(b) Hospitalization of a child in attendance or residence
at the school;
(c) Allegations of child abuse or neglect in which the
parent's child in attendance or residence at the school is the
alleged victim;
(d) Allegations of physical or sexual abuse in which the
parent's child in attendance or residence at the school is the
alleged perpetrator;
(e) Life-threatening illness;
(f) The attendance at the school of any child who is a registered sex offender under RCW 9A.44.130 as permitted by
RCW 4.24.550.
(2) Notification to the parent shall be made by the means
most likely to be received by the parent. If initial notification
is made by telephone, such notification shall be followed by
notification in writing within forty-eight hours after the initial
oral contact is made. [2000 c 125 § 2.]
Conflict with federal requirements—2000 c 125: See note following
RCW 72.40.200.
72.40.220
72.40.220 Behavior management policies, procedures, and techniques. (1) The superintendents of the state
school for the deaf and the state school for the blind shall
maintain in writing and implement behavior management
policies and procedures that accomplish the following:
(a) Support the child's appropriate social behavior, selfcontrol, and the rights of others;
(b) Foster dignity and self-respect for the child;
(c) Reflect the ages and developmental levels of children
in care.
(2) The state school for the deaf and the state school for
the blind shall use proactive, positive behavior support techniques to manage potential child behavior problems. These
techniques shall include but not be limited to:
(a) Organization of the physical environment and staffing patterns to reduce factors leading to behavior incidents;
(b) Intervention before behavior becomes disruptive, in
the least invasive and least restrictive manner available;
(c) Emphasis on verbal deescalation to calm the upset
child;
(d) Redirection strategies to present the child with alternative resolution choices. [2000 c 125 § 3.]
[Title 72 RCW—page 67]
72.40.230
Title 72 RCW: State Institutions
Conflict with federal requirements—2000 c 125: See note following
RCW 72.40.200.
72.40.230
72.40.230 Staff orientation and training. (1) The state
school for the deaf and the state school for the blind shall
ensure that all staff, within two months of beginning employment, complete a minimum of fifteen hours of job orientation
which shall include, but is not limited to, presentation of the
standard operating procedures manual for each school,
describing all policies and procedures specific to the school.
(2) The state school for the deaf and the state school for
the blind shall ensure that all new staff receive thirty-two
hours of job specific training within ninety days of employment which shall include, but is not limited to, promoting and
protecting student personal safety. All staff shall receive
thirty-two hours of ongoing training in these areas every two
years. [2000 c 125 § 4.]
Conflict with federal requirements—2000 c 125: See note following
RCW 72.40.200.
72.40.240
72.40.240 Residential staffing requirement. The residential program at the state school for the deaf and the state
school for the blind shall employ residential staff in sufficient
numbers to ensure the physical and emotional needs of the
residents are met. Residential staff shall be on duty in sufficient numbers to ensure the safety of the children residing
there.
For purposes of this section, "residential staff" means
staff in charge of supervising the day-to-day living situation
of the children in the residential portion of the schools. [2000
c 125 § 5.]
Conflict with federal requirements—2000 c 125: See note following
RCW 72.40.200.
72.40.250
72.40.250 Protection from child abuse and neglect—
Supervision of employees and volunteers—Procedures.
In addition to the powers and duties under RCW 72.40.022
and 72.40.024, the superintendents of the state school for the
deaf and the state school for the blind shall:
(1) Develop written procedures for the supervision of
employees and volunteers who have the potential for contact
with students. Such procedures shall be designed to prevent
child abuse and neglect by providing for adequate supervision of such employees and volunteers, taking into consideration such factors as the student population served, architectural factors, and the size of the facility. Such procedures
shall include, but need not be limited to, the following:
(a) Staffing patterns and the rationale for such;
(b) Responsibilities of supervisors;
(c) The method by which staff and volunteers are made
aware of the identity of all supervisors, including designated
on-site supervisors;
(d) Provision of written supervisory guidelines to
employees and volunteers;
(e) Periodic supervisory conferences for employees and
volunteers; and
(f) Written performance evaluations of staff to be conducted by supervisors in a manner consistent with applicable
provisions of the civil service law.
(2) Develop written procedures for the protection of students when there is reason to believe an incident has occurred
[Title 72 RCW—page 68]
which would render a child student an abused or neglected
child within the meaning of RCW 26.44.020. Such procedures shall include, but need not be limited to, the following:
(a) Investigation. Immediately upon notification that a
report of child abuse or neglect has been made to the department of social and health services or a law enforcement
agency, the superintendent shall:
(i) Preserve any potential evidence through such actions
as securing the area where suspected abuse or neglect
occurred;
(ii) Obtain proper and prompt medical evaluation and
treatment, as needed, with documentation of any evidence of
abuse or neglect; and
(iii) Provide necessary assistance to the department of
social and health services and local law enforcement in their
investigations;
(b) Safety. Upon notification that a report of suspected
child abuse or neglect has been made to the department of
social and health services or a law enforcement agency, the
superintendent or his or her designee, with consideration for
causing as little disruption as possible to the daily routines of
the students, shall evaluate the situation and immediately take
appropriate action to assure the health and safety of the students involved in the report and of any other students similarly situated, and take such additional action as is necessary
to prevent future acts of abuse or neglect. Such action may
include:
(i) Consistent with federal and state law:
(A) Removing the alleged perpetrator from the school;
(B) Increasing the degree of supervision of the alleged
perpetrator; and
(C) Initiating appropriate disciplinary action against the
alleged perpetrator;
(ii) Provision of increased training and increased supervision to volunteers and staff pertinent to the prevention and
remediation of abuse and neglect;
(iii) Temporary removal of the students from a program
and reassignment of the students within the school, as an
emergency measure, if it is determined that there is a risk to
the health or safety of such students in remaining in that program. Whenever a student is removed, pursuant to this subsection (2)(b)(iii), from a special education program or service specified in his or her individualized education program,
the action shall be reviewed in an individualized education
program meeting; and
(iv) Provision of counseling to the students involved in
the report or any other students, as appropriate;
(c) Corrective action plans. Upon receipt of the results of
an investigation by the department of social and health services pursuant to a report of suspected child abuse or neglect,
the superintendent, after consideration of any recommendations by the department of social and health services for preventive and remedial action, shall implement a written plan
of action designed to assure the continued health and safety
of students and to provide for the prevention of future acts of
abuse or neglect. [2000 c 125 § 6.]
Conflict with federal requirements—2000 c 125: See note following
RCW 72.40.200.
72.40.260
72.40.260 Protection from child abuse and neglect—
Student instruction. In consideration of the needs and cir(2004 Ed.)
Board of Trustees—School for the Blind
cumstances of the program, the state school for the deaf and
the state school for the blind shall provide instruction to all
students in techniques and procedures which will enable the
students to protect themselves from abuse and neglect. Such
instruction shall be described in a written plan to be submitted to the board of trustees for review and approval, and shall
be:
(1) Appropriate for the age, individual needs, and particular circumstances of students, including the existence of
mental, physical, emotional, or sensory disabilities;
(2) Provided at different times throughout the year in a
manner which will ensure that all students receive such
instruction; and
(3) Provided by individuals who possess appropriate
knowledge and training, documentation of which shall be
maintained by the school. [2000 c 125 § 7.]
Conflict with federal requirements—2000 c 125: See note following
RCW 72.40.200.
Chapter 72.41
dren assessed as vulnerable to sexual victimization. The procedures shall include taking reasonable steps to prohibit any
child residing at the schools who present a moderate to high
risk of sexually aggressive behavior from entering any sleeping quarters other than the one to which they are assigned,
unless accompanied by an authorized adult.
(2) For the purposes of this section, the following terms
have the following meanings:
(a) "Sleeping quarters" means the bedrooms or other
rooms within a residential facility where children are
assigned to sleep.
(b) "Unsupervised contact" means contact occurring outside the sight or hearing of a responsible adult for more than
a reasonable period of time under the circumstances. [2000 c
125 § 10.]
Conflict with federal requirements—2000 c 125: See note following
RCW 72.40.200.
72.40.280
72.40.270
72.40.270 Protection from sexual victimization—Policy. (1) The schools shall implement a policy for the children
who reside at the schools protecting those who are vulnerable
to sexual victimization by other children who are sexually
aggressive and residing at the schools. The policy shall
include, at a minimum, the following elements:
(a) Development and use of an assessment process for
identifying children, within thirty days of beginning residence at the schools, who present a moderate or high risk of
sexually aggressive behavior for the purposes of this section.
The assessment process need not require that every child who
is adjudicated or convicted of a sex offense as defined in
RCW 9.94A.030 be determined to be sexually aggressive,
nor shall a sex offense adjudication or conviction be required
in order to determine a child is sexually aggressive. Instead,
the assessment process shall consider the individual circumstances of the child, including his or her age, physical size,
sexual abuse history, mental and emotional condition, and
other factors relevant to sexual aggressiveness. The definition of "sexually aggressive youth" in RCW 74.13.075 does
not apply to this section to the extent that it conflicts with this
section;
(b) Development and use of an assessment process for
identifying children, within thirty days of beginning residence at the schools, who may be vulnerable to victimization
by children identified under (a) of this subsection as presenting a moderate or high risk of sexually aggressive behavior.
The assessment process shall consider the individual circumstances of the child, including his or her age, physical size,
sexual abuse history, mental and emotional condition, and
other factors relevant to vulnerability;
(c) Development and use of placement criteria to avoid
assigning children who present a moderate or high risk of
sexually aggressive behavior to the same sleeping quarters as
children assessed as vulnerable to sexual victimization,
except that they may be assigned to the same multiple-person
sleeping quarters if those sleeping quarters are regularly
monitored by visual surveillance equipment or staff checks;
(d) Development and use of procedures for minimizing,
within available funds, unsupervised contact in the residential facilities of the schools between children presenting moderate to high risk of sexually aggressive behavior and chil(2004 Ed.)
72.40.280 Monitoring of residential program by
department of social and health services—Recommendations—Comprehensive child health and safety reviews—
Access to records and documents—Safety standards. (1)
The department of social and health services must periodically monitor the residential program at the state school for
the deaf, including but not limited to examining the residential-related policies and procedures as well as the residential
facilities. The department of social and health services must
make recommendations to the school's superintendent and
the board of trustees or its successor board on health and
safety improvements related to child safety and well-being.
The department of social and health services must conduct
the monitoring reviews at least quarterly until December 1,
2006.
(2) The department of social and health services must
conduct a comprehensive child health and safety review, as
defined in rule, of the residential program at the state school
for the deaf every three years. The department of social and
health services must deliver the first health and safety review
to the governor, the legislature, the school's superintendent,
and the school's board of trustees or successor board by
December 1, 2004.
(3) The state school for the deaf must provide the department of social and health services' staff with full and complete access to all records and documents that the department
staff may request to carry out the requirements of this section.
The department of social and health services must have full
and complete access to all students and staff of the state
school for the deaf to conduct interviews to carry out the
requirements of this section.
(4) For the purposes of this section, the department of
social and health services must use the safety standards established in this chapter when conducting the reviews. [2002 c
208 § 2.]
Chapter 72.41 RCW
BOARD OF TRUSTEES—SCHOOL FOR THE BLIND
Chapter 72.41
Sections
72.41.010
72.41.015
Intention—Purpose.
"Superintendent" defined.
[Title 72 RCW—page 69]
72.41.010
72.41.020
72.41.025
72.41.030
72.41.040
72.41.060
72.41.070
Title 72 RCW: State Institutions
Board of trustees—Membership—Terms—Vacancies—
Officers—Rules and regulations.
Membership, effect of creation of new congressional districts
or boundaries.
Bylaws—Rules and regulations—Officers.
Powers and duties.
Travel expenses.
Meetings.
72.41.010
72.41.010 Intention—Purpose. It is the intention of
the legislature in creating a board of trustees for the state
school for the blind to perform the duties set forth in this
chapter, that the board of trustees perform needed advisory
services to the legislature and to the superintendent of the
Washington state school for the blind, in the development of
programs for the visually impaired, and in the operation of
the Washington state school for the blind. [1985 c 378 § 28;
1973 c 118 § 1.]
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
72.41.015
72.41.015 "Superintendent" defined. Unless the context clearly requires otherwise, as used in this chapter "superintendent" means superintendent of the state school for the
blind. [1985 c 378 § 27.]
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
72.41.020
72.41.020 Board of trustees—Membership—
Terms—Vacancies—Officers—Rules and regulations.
There is hereby created a board of trustees for the state school
for the blind to be composed of a resident from each of the
state's congressional districts now or hereafter existing.
Trustees with voting privileges shall be appointed by the governor with the consent of the senate. A representative of the
parent-teachers association of the Washington state school
for the blind, a representative of the Washington council of
the blind, a representative of the national federation of the
blind of Washington, one representative designated by the
teacher association of the Washington state school for the
blind, and a representative of the classified staff designated
by his or her exclusive bargaining representative shall each
be ex officio and nonvoting members of the board of trustees
and shall serve during their respective tenures in such positions.
Trustees shall be appointed by the governor to serve for
a term of five years except that any person appointed to fill a
vacancy occurring prior to the expiration of any term shall be
appointed within sixty days of the vacancy and appointed
only for the remainder of the term.
One trustee shall be a resident and qualified elector from
each of the state's congressional districts. The board shall not
be deemed to be unlawfully constituted and a trustee shall not
be deemed ineligible to serve the remainder of the trustee's
unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts.
No voting trustee may be an employee of the state school for
the blind, a member of the board of directors of any school
district, a member of the governing board of any public or
private educational institution, a school district or educational service district administrator, appointed after July 1,
1986, or an elected officer or member of the legislative
authority or any municipal corporation.
[Title 72 RCW—page 70]
The board of trustees shall organize itself by electing a
chairman from its members. The board shall adopt a seal and
may adopt such bylaws, rules, and regulations as it deems
necessary for its own government. A majority of the voting
members of the board in office shall constitute a quorum, but
a lesser number may convene from time to time and may
compel the attendance of absent members in such manner as
prescribed in its bylaws, rules, or regulations. The superintendent of the state school for the blind shall serve as, or may
designate another person to serve as, the secretary of the
board, who shall not be deemed to be a member of the board.
[1993 c 147 § 7; 1985 c 378 § 29; 1982 1st ex.s. c 30 § 13;
1973 c 118 § 2.]
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
72.41.025
72.41.025 Membership, effect of creation of new congressional districts or boundaries. The terms of office of
trustees on the board for the state school for the blind who are
appointed from the various congressional districts shall not
be affected by the creation of either new boundaries for congressional districts or additional districts. In such an event,
each trustee may continue to serve in office for the balance of
the term for which he or she was appointed: PROVIDED,
That the trustee continues to reside within the boundaries of
the congressional district as they existed at the time of his or
her appointment. Vacancies which occur in a trustee position
during the balance of any such term shall be filled pursuant to
RCW 72.41.020, as now or hereafter amended, by a successor who resides within the boundaries of the congressional
district from which the member whose office was vacated
was appointed as they existed at the time of his or her election. At the completion of such term, and thereafter, a successor shall be appointed from the congressional district which
corresponds in number with the congressional district from
which the incumbent was appointed. [1982 1st ex.s. c 30 §
14.]
72.41.030
72.41.030 Bylaws—Rules and regulations—Officers.
Within thirty days of their appointment or July 1, 1973,
whichever is sooner, the board of trustees shall organize,
adopt bylaws for its own government, and make such rules
and regulations not inconsistent with this chapter as they
deem necessary. At such organizational meeting it shall elect
from among its members a chairman and a vice chairman,
each to serve for one year, and annually thereafter shall elect
such officers to serve until their successors are appointed or
qualified. [1973 c 118 § 3.]
72.41.040
72.41.040 Powers and duties. The board of trustees of
the state school for the blind:
(1) Shall monitor and inspect all existing facilities of the
state school for the blind, and report its findings to the superintendent;
(2) Shall study and recommend comprehensive programs of education and training and review the admission
policy as set forth in RCW 72.40.040 and 72.40.050, and
make appropriate recommendations to the superintendent;
(3) Shall submit a list of three qualified candidates for
superintendent to the governor and shall advise the superin(2004 Ed.)
Board of Trustees—School for the Deaf
tendent about the criteria and policy to be used in the selection of members of the faculty and such other administrative
officers and other employees, who shall with the exception of
the superintendent all be subject to chapter 41.06 RCW, the
state civil service law, unless specifically exempted by other
provisions of law. All employees and personnel classified
under chapter 41.06 RCW shall continue, after July 1, 1986,
to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that
may be appropriate thereafter in accordance with the laws
and rules governing the state civil service law;
(4) Shall submit an evaluation of the superintendent to
the governor by July 1 of each odd-numbered year and may
recommend to the governor that the superintendent be
removed for misfeasance, malfeasance, or wilful neglect of
duty;
(5) May recommend to the superintendent the establishment of new facilities as needs demand;
(6) May recommend to the superintendent rules and regulations for the government, management, and operation of
such housing facilities deemed necessary or advisable;
(7) May make recommendations to the superintendent
concerning classrooms and other facilities to be used for
summer or night schools, or for public meetings and for any
other uses consistent with the use of such classrooms or facilities for the school for the blind;
(8) May make recommendations to the superintendent
for adoption of rules and regulations for pedestrian and
vehicular traffic on property owned, operated, or maintained
by the school for the blind;
(9) Shall recommend to the superintendent, with the
assistance of the faculty, the course of study including vocational training in the school for the blind, in accordance with
other applicable provisions of law and rules and regulations;
(10) May grant to every student, upon graduation or
completion of a program or course of study, a suitable
diploma, nonbaccalaureate degree, or certificate;
(11) Shall participate in the development of, and monitor
the enforcement of the rules and regulations pertaining to the
school for the blind;
(12) Shall perform any other duties and responsibilities
prescribed by the superintendent. [1985 c 378 § 30; 1973 c
118 § 4.]
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
72.41.060
72.41.060 Travel expenses. Each member of the board
of trustees shall receive travel expenses as provided in RCW
43.03.050 and 43.03.060 as now existing or hereafter
amended, and such payments shall be a proper charge to any
funds appropriated or allocated for the support of the state
school for the blind. [1975-'76 2nd ex.s. c 34 § 167; 1973 c
118 § 6.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
72.41.070
72.41.070 Meetings. The board of trustees shall meet at
least quarterly. [1993 c 147 § 8; 1973 c 118 § 7.]
(2004 Ed.)
72.42.021
Chapter 72.42 RCW
BOARD OF TRUSTEES—SCHOOL FOR THE DEAF
Chapter 72.42
Sections
72.42.010
72.42.015
72.42.016
72.42.021
72.42.031
72.42.041
72.42.060
72.42.070
Intention—Purpose.
"Superintendent" defined.
"School" defined.
Board of trustees—Membership—Terms—Effect of new or
revised boundaries for congressional districts—Vacancies.
Bylaws—Rules—Officers—Quorum.
Powers and duties.
Travel expenses.
Meetings.
72.42.010
72.42.010 Intention—Purpose. It is the intention of
the legislature, in creating a board of trustees for the state
school for the deaf to perform the duties set forth in this chapter, that the board of trustees perform needed oversight services to the governor and the legislature of the Washington
state school for the deaf in the development of programs for
the hearing impaired, and in the operation of the Washington
state school for the deaf. [2002 c 209 § 5; 1985 c 378 § 31;
1972 ex.s. c 96 § 1.]
Effective date—2002 c 209: See note following RCW 72.42.021.
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
72.42.015
72.42.015 "Superintendent" defined. Unless the context clearly requires otherwise as used in this chapter "superintendent" means superintendent of the Washington state
school for the deaf. [1985 c 378 § 32.]
Severability—Effective date—1985 c 378: See notes following RCW
72.01.050.
72.42.016
72.42.016 "School" defined. Unless the context
clearly requires otherwise, as used in this chapter "school"
means the Washington state school for the deaf. [2002 c 209
§ 6.]
Effective date—2002 c 209: See note following RCW 72.42.021.
72.42.021
72.42.021 Board of trustees—Membership—
Terms—Effect of new or revised boundaries for congressional districts—Vacancies. (1) The governance of the
school shall be vested in a board of trustees. The board shall
consist of nine members appointed by the governor, with the
consent of the senate. The board shall be composed of a resident from each of the state's congressional districts and may
include:
(a) One member who is deaf or hearing impaired;
(b) Two members who are experienced educational professionals;
(c) One member who is experienced in providing residential services to youth; and
(d) One member who is the parent of a child who is deaf
or hearing impaired and who is receiving or has received educational services related to deafness or hearing impairment
from a public educational institution.
(2) No voting trustee may be an employee of the school,
a member of the board of directors of any school district, a
member of the governing board of any public or private educational institution, a school district or educational service
district administrator appointed after July 1, 1986, or an
[Title 72 RCW—page 71]
72.42.031
Title 72 RCW: State Institutions
elected officer or member of the legislative authority of any
municipal corporation.
(3) Trustees shall be appointed by the governor to serve
a term of five years, except that any person appointed to fill a
vacancy occurring prior to the expiration of a term shall be
appointed within sixty days of the vacancy and appointed
only for the remainder of the term. Of the initial members,
three must be appointed for two-year terms, three must be
appointed for three-year terms, and the remainder must be
appointed for five-year terms.
(4) The board shall not be deemed unlawfully constituted
and a trustee shall not be deemed ineligible to serve the
remainder of the trustee's unexpired term on the board solely
by reason of the establishment of new or revised boundaries
for congressional districts. In such an event, each trustee may
continue to serve in office for the balance of the term for
which he or she was appointed so long as the trustee continues to reside within the boundaries of the congressional district as they existed at the time of his or her appointment.
Vacancies which occur in a trustee position during the balance of any term shall be filled pursuant to subsection (3) of
this section by a successor who resides within the boundaries
of the congressional district from which the member whose
office was vacated was appointed as they existed at the time
of his or her appointment. At the completion of such term,
and thereafter, a successor shall be appointed from the congressional district which corresponds in number with the congressional district from which the incumbent was appointed.
[2002 c 209 § 7.]
Effective date—2002 c 209: "This act takes effect July 1, 2002, except
that the governor may appoint the members of the board of trustees under
section 7 of this act prior to the beginning of their terms of office on July 1,
2002." [2002 c 209 § 12.]
72.42.031
72.42.031 Bylaws—Rules—Officers—Quorum. (1)
The board of trustees shall organize, adopt bylaws for its own
governance, and adopt rules not inconsistent with this chapter
as they deem necessary. At such organizational meeting it
shall elect from among its members a chairman and a vicechairman, each to serve for one year, and annually thereafter
shall elect such officers to serve until their successors are
appointed or qualified.
(2) A majority of the voting members of the board in
office constitutes a quorum, but a lesser number may adjourn
from time to time and may compel the attendance of absent
members in such manner as prescribed by its bylaws, rules, or
regulations. [2002 c 209 § 9.]
Effective date—2002 c 209: See note following RCW 72.42.021.
72.42.041
72.42.041 Powers and duties. The board of trustees of
the school:
(1) Shall adopt rules and regulations for its own governance;
(2) Shall direct the development of, approve, and monitor the enforcement of policies, rules, and regulations pertaining to the school, including but not limited to:
(a) The use of classrooms and other facilities for summer
or night schools or for public meetings and any other uses;
(b) Pedestrian and vehicular traffic on property owned,
operated, or maintained by the school;
[Title 72 RCW—page 72]
(c) Governance, management, and operation of the residential facilities;
(d) Transferability of employees between the school for
the deaf and the school for the blind consistent with collective
bargaining agreements in effect; and
(e) Compliance with state and federal education civil
rights laws at the school;
(3) Shall develop a process for recommending candidates for the position of superintendent and upon a vacancy
shall submit a list of three qualified candidates for superintendent to the governor;
(4) Shall submit an evaluation of the superintendent to
the governor by July 1st of each odd-numbered year that
includes a recommendation regarding the retention of the
superintendent;
(5) May recommend to the governor at any time that the
superintendent be removed for conduct deemed by the board
to be detrimental to the interests of the school;
(6) Shall prepare and submit by July 1st of each evennumbered year a report to the governor and the appropriate
committees of the legislature which contains a detailed summary of the school's progress on performance objectives and
the school's work, facility conditions, and revenues and costs
of the school for the previous year and which contains those
recommendations it deems necessary and advisable for the
governor and the legislature to act on;
(7) Shall approve the school's budget and all funding
requests, both operating and capital, submitted to the governor;
(8) Shall direct and approve the development and implementation of comprehensive programs of education, training,
and as needed residential living, such that students served by
the school receive a challenging and quality education in a
safe school environment;
(9) Shall direct, monitor, and approve the implementation of a comprehensive continuous quality improvement
system for the school;
(10) Shall monitor and inspect all existing facilities of
the school and report its findings in its biennial report to the
governor and appropriate committees of the legislature; and
(11) May grant to every student, upon graduation or
completion of a program or course of study, a suitable
diploma, nonbaccalaureate degree, or certificate. [2002 c 209
§ 8.]
Effective date—2002 c 209: See note following RCW 72.42.021.
72.42.060 Travel expenses. Each member of the board
of trustees shall receive travel expenses as provided in RCW
43.03.050 and 43.03.060 as now existing or hereafter
amended, and such payments shall be a proper charge to any
funds appropriated or allocated for the support of the state
school for the deaf. [1975-'76 2nd ex.s. c 34 § 168; 1972 ex.s.
c 96 § 6.]
72.42.060
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
72.42.070 Meetings. The board of trustees shall meet at
least quarterly but may meet more frequently at such times as
the board by resolution determines or the bylaws of the board
prescribe. [2002 c 209 § 10; 1993 c 147 § 10; 1972 ex.s. c 96
§ 7.]
72.42.070
(2004 Ed.)
Narcotic or Dangerous Drugs—Treatment and Rehabilitation
Effective date—2002 c 209: See note following RCW 72.42.021.
Chapter 72.49 RCW
NARCOTIC OR DANGEROUS DRUGS—
TREATMENT AND REHABILITATION
Chapter 72.49
72.60.220
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Effective date—1981 c 136: See RCW 72.09.900.
Effective date—1972 ex.s. c 40: "This act shall be effective July 1,
1973." [1972 ex.s. c 40 § 4.]
Restoration of civil rights: Chapter 9.96 RCW.
Sections
72.60.102
72.49.010
72.49.020
Purpose.
Treatment and rehabilitation programs authorized—Rules and
regulations.
72.49.010
72.49.010 Purpose. The purpose of this chapter is to
provide additional programs for the treatment and rehabilitation of persons suffering from narcotic and dangerous drug
abuse. [1969 ex.s. c 123 § 1.]
Effective date—1969 ex.s. c 123: "The effective date of this act shall
be July 1, 1969." [1969 ex.s. c 123 § 3.]
72.49.020
72.49.020 Treatment and rehabilitation programs
authorized—Rules and regulations. There may be established at an institution, or portion thereof, to be designated by
the secretary of the department of social and health services,
programs for treatment and rehabilitation of persons in need
of medical care and treatment due to narcotic abuse or dangerous drug abuse. Such programs may include facilities for
both residential and outpatient treatment. The secretary of the
department of social and health services shall promulgate
rules and regulations governing the voluntary admission,
treatment, and release of such patients, and all other matters
incident to the proper administration of this section. [1975'76 2nd ex.s. c 103 § 2; 1969 ex.s. c 123 § 2.]
Effective date—1969 ex. s. c 123: See note following RCW 72.49.010.
Chapter 72.60
Chapter 72.60 RCW
CORRECTIONAL INDUSTRIES
(Formerly: Institutional industries)
Sections
72.60.100
72.60.102
72.60.110
72.60.160
72.60.220
72.60.235
Civil rights of inmates not restored—Other laws inapplicable.
Industrial insurance—Application to certain inmates.
Employment of inmates according to needs of state.
State agencies and subdivisions may purchase goods—Purchasing preference required of certain institutions.
List of goods to be supplied to all departments, institutions,
agencies.
Implementation plan for prison industries.
Correctional industries administered by department of corrections: RCW
72.09.070 through 72.09.120.
72.60.100
72.60.100 Civil rights of inmates not restored—
Other laws inapplicable. Nothing in this chapter is intended
to restore, in whole or in part, the civil rights of any inmate.
No inmate compensated for work in correctional industries
shall be considered as an employee or to be employed by the
state or the department, nor shall any such inmate, except
those provided for in RCW 72.60.102 and 72.64.065, come
within any of the provisions of the workers' compensation
act, or be entitled to any benefits thereunder whether on
behalf of himself or of any other person. [1989 c 185 § 10;
1987 c 185 § 38; 1981 c 136 § 101; 1972 ex.s. c 40 § 1; 1959
c 28 § 72.60.100. Prior: 1955 c 314 § 10. Formerly RCW
43.95.090.]
(2004 Ed.)
72.60.102 Industrial insurance—Application to certain inmates. From and after July 1, 1973, any inmate
employed in classes I, II, and IV of correctional industries as
defined in RCW 72.09.100 is eligible for industrial insurance
benefits as provided by Title 51 RCW. However, eligibility
for benefits for either the inmate or the inmate's dependents
or beneficiaries for temporary disability or permanent total
disability as provided in RCW 51.32.090 or 51.32.060,
respectively, shall not take effect until the inmate is released
pursuant to an order of parole by the indeterminate sentence
review board, or discharged from custody upon expiration of
the sentence, or discharged from custody by order of a court
of appropriate jurisdiction. Nothing in this section shall be
construed to confer eligibility for any industrial insurance
benefits to any inmate who is employed in class III or V of
correctional industries as defined in RCW 72.09.100. [1989
c 185 § 11; 1983 1st ex.s. c 52 § 7; 1981 c 136 § 102; 1979
ex.s. c 160 § 3; 1972 ex.s. c 40 § 2.]
Severability—1983 1st ex.s. c 52: See RCW 63.42.900.
Effective date—1981 c 136: See RCW 72.09.900.
Effective date—1972 ex.s. c 40: See note following RCW 72.60.100.
72.60.110
72.60.110 Employment of inmates according to needs
of state. The department is hereby authorized and empowered to cause the inmates in the state institutions of this state
to be employed in the rendering of such services and in the
production and manufacture of such articles, materials, and
supplies as are now, or may hereafter be, needed by the state,
or any political subdivision thereof, or that may be needed by
any public institution of the state or of any political subdivision thereof. [1959 c 28 § 72.60.110. Prior: 1955 c 314 § 11.
Formerly RCW 43.95.100.]
72.60.160
72.60.160 State agencies and subdivisions may purchase goods—Purchasing preference required of certain
institutions. All articles, materials, and supplies herein
authorized to be produced or manufactured in correctional
institutions may be purchased from the institution producing
or manufacturing the same by any state agency or political
subdivision of the state, and the secretary shall require those
institutions under his direction to give preference to the purchasing of their needs of such articles as are so produced.
[1981 c 136 § 103; 1979 c 141 § 260; 1959 c 28 § 72.60.160.
Prior: 1955 c 314 § 16. Formerly RCW 43.95.150.]
Effective date—1981 c 136: See RCW 72.09.900.
72.60.220
72.60.220 List of goods to be supplied to all departments, institutions, agencies. The department may cause to
be prepared annually, at such times as it may determine, lists
containing the descriptions of all articles and supplies manufactured and produced in state correctional institutions; copies of such list shall be sent to the supervisor of purchasing
and to all departments, institutions and agencies of the state
[Title 72 RCW—page 73]
72.60.235
Title 72 RCW: State Institutions
of Washington. [1981 c 136 § 105; 1959 c 28 § 72.60.220.
Prior: 1957 c 30 § 6. Formerly RCW 43.95.210.]
Effective date—1981 c 136: See RCW 72.09.900.
72.60.235
72.60.235 Implementation plan for prison industries.
(1) The department of corrections shall develop, in accordance with RCW 72.09.010, a site-specific implementation
plan for prison industries space at Clallam Bay corrections
center, McNeil Island corrections center, and the one thousand twenty-four bed medium security prison as appropriated
for and authorized by the legislature.
(2) Each implementation plan shall include, but not be
limited to, sufficient space and design elements that try to
achieve a target of twenty-five percent of the total inmates in
class I employment programs and twenty-five percent of the
total inmates in class II employment programs or as much of
the target as possible without jeopardizing the efficient and
necessary day-to-day operation of the prison. The implementation plan shall also include educational opportunities and
employment, wage, and other incentives. The department
shall include in the implementation plans an incentive program based on wages, and the opportunity to contribute all or
a portion of their wages towards an array of incentives. The
funds recovered from the sale, lease, or rental of incentives
should be considered as a possible source of revenue to cover
the capitalized cost of the additional space necessary to
accommodate the increased class I and class II industries programs.
(3) The incentive program shall be developed so that
inmates can earn higher wages based on performance and
production. Only those inmates employed in class I and class
II jobs may participate in the incentive program. The department shall develop special program criteria for inmates with
physical or mental handicaps so that they can participate in
the incentive program.
(4) The department shall propose rules specifying that
inmate wages, other than the amount an inmate owes for
taxes, legal financial obligations, and to the victim restitution
fund, shall be returned to the department to pay for the cost of
prison operations, including room and board.
(5) The plan shall identify actual or potential legal or
operational obstacles, or both, in implementing the components of the plan as specified in this section, and recommend
strategies to remove the obstacles.
(6) The department shall submit the plan to the appropriate committees of the legislature and to the governor by October 1, 1991. [1991 c 256 § 2.]
Finding—1991 c 256: "The legislature finds that the rehabilitation process may be enhanced by participation in training, education, and employment-related incentive programs and may be a consideration in reducing
time in confinement." [1991 c 256 § 1.]
Application to prison construction—1991 c 256: "The overall prison
design plans for new construction at Clallam Bay corrections center, McNeil
Island corrections center, and the one thousand twenty-four bed medium
security prison as appropriated for and authorized by the legislature shall not
be inconsistent with the implementation plan outlined in this act. No provision under this act shall require the department of corrections to redesign,
postpone, or delay the construction of any of the facilities outlined in RCW
72.60.235." [1991 c 256 § 3.]
Severability—1991 c 256: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1991 c 256 § 4.]
[Title 72 RCW—page 74]
Chapter 72.62 RCW
VOCATIONAL EDUCATION PROGRAMS
Chapter 72.62
Sections
72.62.010
72.62.020
72.62.030
72.62.040
72.62.050
Purpose.
"Vocational education" defined.
Sale of products—Recovery of costs.
Crediting of proceeds of sales.
Trade advisory and apprenticeship committees.
72.62.010 Purpose. The legislature declares that programs of vocational education are essential to the habilitation
and rehabilitation of residents of state correctional institutions and facilities. It is the purpose of this chapter to provide
for greater reality and relevance in the vocational education
programs within the correctional institutions of the state.
[1972 ex.s. c 7 § 1.]
72.62.010
72.62.020 "Vocational education" defined. When
used in this chapter, unless the context otherwise requires:
The term "vocational education" means a planned series
of learning experiences, the specific objective of which is to
prepare individuals for gainful employment as semiskilled or
skilled workers or technicians or subprofessionals in recognized occupations and in new and emerging occupations, but
shall not mean programs the primary characteristic of which
is repetitive work for the purpose of production, including the
correctional industries program. Nothing in this section shall
be construed to prohibit the correctional industries board of
directors from identifying and establishing trade advisory or
apprenticeship committees to advise them on correctional
industries work programs. [1989 c 185 § 12; 1972 ex.s. c 7 §
2.]
72.62.020
72.62.030 Sale of products—Recovery of costs. Products goods, wares, articles, or merchandise manufactured or
produced by residents of state correctional institutions or
facilities within or in conjunction with vocational education
programs for the training, habilitation, and rehabilitation of
inmates may be sold on the open market. When services are
performed by residents within or in conjunction with such
vocational education programs, the cost of materials used and
the value of depreciation of equipment used may be recovered. [1983 c 255 § 6; 1972 ex.s. c 7 § 3.]
72.62.030
Severability—1983 c 255: See RCW 72.74.900.
72.62.040 Crediting of proceeds of sales. The secretary of the department of social and health services or the secretary of corrections, as the case may be, shall credit the proceeds derived from the sale of such products, goods, wares,
articles, or merchandise manufactured or produced by
inmates of state correctional institutions within or in conjunction with vocational education programs to the institution
where manufactured or produced to be deposited in a revolving fund to be expended for the purchase of supplies, materials and equipment for use in vocational education. [1981 c
136 § 107; 1972 ex.s. c 7 § 4.]
72.62.040
Effective date—1981 c 136: See RCW 72.09.900.
72.62.050 Trade advisory and apprenticeship committees. Labor-management trade advisory and apprenticeship committees shall be constituted by the department for
72.62.050
(2004 Ed.)
Prison Work Programs—Fish and Game
each vocation taught within the vocational education programs in the state correctional system. [1972 ex.s. c 7 § 5.]
Chapter 72.63 RCW
PRISON WORK PROGRAMS—FISH AND GAME
Chapter 72.63
Sections
72.63.010
72.63.020
72.63.030
72.63.040
Legislative finding.
Prison work programs for fish and game projects.
Department of fish and wildlife to provide professional assistance—Identification of projects—Loan of facilities and
property—Resources to be provided.
Available funds to support costs of implementation.
72.63.010
72.63.010 Legislative finding. The legislature finds
and declares that the establishment of prison work programs
that allow prisoners to undertake food fish, shellfish, and
game fish rearing projects and game bird and game animal
improvement, restoration, and protection projects is needed
to reduce idleness, promote the growth of prison industries,
and provide prisoners with skills necessary for their successful reentry into society. [1985 c 286 § 1.]
72.63.020
72.63.020 Prison work programs for fish and game
projects. The departments of corrections and fish and wildlife shall establish at or near appropriate state institutions, as
defined in RCW 72.65.010, prison work programs that use
prisoners to undertake state food fish, shellfish, and game
fish rearing projects and state game bird and game animal
improvement, restoration, and protection projects and that
meet the requirements of RCW 72.09.100.
The department of corrections shall seek to identify a
group of prisoners at each appropriate state institution, as
defined by RCW 72.65.010, that are interested in participating in prison work programs established by this chapter.
If the department of corrections is unable to identify a
group of prisoners to participate in work programs authorized
by this chapter, it may enter into an agreement with the
department of fish and wildlife for the purpose of designing
projects for any institution. Costs under this section shall be
borne by the department of corrections.
The departments of corrections and fish and wildlife
shall use prisoners, where appropriate, to perform work in
state projects that may include the following types:
(1) Food fish, shellfish, and game fish rearing projects,
including but not limited to egg planting, egg boxes, juvenile
planting, pen rearing, pond rearing, raceway rearing, and egg
taking;
(2) Game bird and game animal projects, including but
not limited to habitat improvement and restoration, replanting and transplanting, nest box installation, pen rearing, game
protection, and supplemental feeding: PROVIDED, That no
project shall be established at the department of fish and
wildlife's south Tacoma game farm;
(3) Manufacturing of equipment for use in fish and game
volunteer cooperative projects permitted by the department
of fish and wildlife, or for use in prison work programs with
fish and game; and
(4) Maintenance, repair, restoration, and redevelopment
of facilities operated by the department of fish and wildlife.
[1994 c 264 § 43; 1988 c 36 § 29; 1985 c 286 § 2.]
(2004 Ed.)
Chapter 72.64
72.63.030
72.63.030 Department of fish and wildlife to provide
professional assistance—Identification of projects—Loan
of facilities and property—Resources to be provided. (1)
The department of fish and wildlife shall provide professional assistance from biologists, fish culturists, pathologists,
engineers, habitat managers, and other departmental staff to
assist the development and productivity of prison work programs under RCW 72.63.020, upon agreement with the
department of corrections.
(2) The department of fish and wildlife shall identify and
describe potential and pilot projects that are compatible with
the goals of the various departments involved and that are
particularly suitable for prison work programs.
(3) The department of fish and wildlife may make available surplus hatchery rearing space, net pens, egg boxes, portable rearing containers, incubators, and any other departmental facilities or property that are available for loan to the
department of corrections to carry out prison work programs
under RCW 72.63.020.
(4) The department of fish and wildlife shall provide live
fish eggs, bird eggs, juvenile fish, game animals, or other
appropriate seed stock, juveniles, or brood stock of acceptable disease history and genetic composition for the prison
work projects at no cost to the department of corrections, to
the extent that such resources are available. Fish food, bird
food, or animal food may be provided by the department of
fish and wildlife to the extent that funding is available.
(5) The department of natural resources shall assist in the
implementation of the program where project sites are
located on public beaches or state owned aquatic lands.
[1994 c 264 § 44; 1988 c 36 § 30; 1985 c 286 § 3.]
72.63.040
72.63.040 Available funds to support costs of implementation. The costs of implementation of the projects prescribed by this chapter shall be supported to the extent that
funds are available under the provisions of chapter 77.100
RCW, and from correctional industries funds. [2003 c 39 §
31; 1989 c 185 § 13; 1985 c 286 § 4.]
Chapter 72.64 RCW
LABOR AND EMPLOYMENT OF PRISONERS
Chapter 72.64
Sections
72.64.001
72.64.010
72.64.020
72.64.030
72.64.040
72.64.050
72.64.060
72.64.065
72.64.070
72.64.080
72.64.090
72.64.100
72.64.110
72.64.150
72.64.160
Definitions.
Useful employment of prisoners—Contract system barred.
Rules and regulations.
Prisoners required to work—Private benefit of enforcement
officer prohibited.
Crediting of earnings—Payment.
Branch institutions—Work camps for certain purposes.
Labor camps authorized—Type of work permitted—Contracts.
Industrial insurance—Application to certain inmates—Payment of premiums and assessments.
Industrial insurance—Eligibility for employment—Procedure—Return.
Industrial insurance—Duties of employing agency—Costs—
Supervision.
Industrial insurance—Department's jurisdiction.
Regional jail camps—Authorized—Purposes—Rules.
Contracts to furnish county prisoners confinement, care, and
employment—Reimbursement by county—Sheriff's order—
Return of prisoner.
Interstate forest fire suppression compact.
Inmate forest fire suppression crews—Classification.
Contract system barred: State Constitution Art. 2 § 29.
[Title 72 RCW—page 75]
72.64.001
Title 72 RCW: State Institutions
Correctional industries: Chapter 72.60 RCW.
Labor prescribed by the indeterminate sentence review board: RCW
9.95.090.
construction of water supply facilities to state institutions.
[1992 c 7 § 55; 1979 c 141 § 268; 1961 c 171 § 2; 1959 c 28
§ 72.64.050. Prior: 1943 c 175 § 3; Rem. Supp. 1943 §
10279-3. Formerly RCW 72.08.240.]
72.64.001
72.64.001 Definitions. As used in this chapter:
"Department" means the department of corrections; and
"Secretary" means the secretary of corrections. [1981 c
136 § 108.]
Effective date—1981 c 136: See RCW 72.09.900.
72.64.010
72.64.010 Useful employment of prisoners—Contract system barred. The secretary shall have the power and
it shall be his duty to provide for the useful employment of
prisoners in the adult correctional institutions: PROVIDED,
That no prisoners shall be employed in what is known as the
contract system of labor. [1979 c 141 § 265; 1959 c 28 §
72.64.010. Prior: 1943 c 175 § 1; Rem. Supp. 1943 § 102791. Formerly RCW 72.08.220.]
72.64.020
72.64.020 Rules and regulations. The secretary shall
make the necessary rules and regulations governing the
employment of prisoners, the conduct of all such operations,
and the disposal of the products thereof, under such restrictions as provided by law. [1979 c 141 § 266; 1959 c 28 §
72.64.020. Prior: 1943 c 175 § 2; Rem. Supp. 1943 § 102792. Formerly RCW 72.08.230.]
72.64.030
72.64.030 Prisoners required to work—Private benefit of enforcement officer prohibited. Every prisoner in a
state correctional facility shall be required to work in such
manner as may be prescribed by the secretary, other than for
the private financial benefit of any enforcement officer.
[1992 c 7 § 54; 1979 c 141 § 267; 1961 c 171 § 1; 1959 c 28
§ 72.64.030. Prior: 1927 c 305 § 1; RRS § 10223-1.]
72.64.040
72.64.040 Crediting of earnings—Payment. Where a
prisoner is employed at any occupation for which pay is
allowed or permitted, or at any gainful occupation from
which the state derives an income, the department shall credit
the prisoner with the total amount of his earnings.
The amount of earnings credited but unpaid to a prisoner
may be paid to the prisoner's spouse, children, mother, father,
brother, or sister as the inmate may direct upon approval of
the superintendent. Upon release, parole, or discharge, all
unpaid earnings of the prisoner shall be paid to him. [1973
1st ex.s. c 154 § 105; 1959 c 28 § 72.64.040. Prior: 1957 c 19
§ 1; 1927 c 305 § 3; RRS § 10223-3. Formerly RCW
72.08.250.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
72.64.050
72.64.050 Branch institutions—Work camps for certain purposes. The secretary shall also have the power to
establish temporary branch institutions for state correctional
facilities in the form of camps for the employment of prisoners therein in farming, reforestation, wood-cutting, land
clearing, processing of foods in state canneries, forest fire
fighting, forest fire suppression and prevention, stream clearance, watershed improvement, development of parks and recreational areas, and other work to conserve the natural
resources and protect and improve the public domain and
[Title 72 RCW—page 76]
Leaves of absence for inmates: RCW 72.01.365 through 72.01.380.
72.64.060
72.64.060 Labor camps authorized—Type of work
permitted—Contracts. Any department, division, bureau,
commission, or other agency of the state of Washington or
any agency of any political subdivision thereof or the federal
government may use, or cause to be used, prisoners confined
in state penal or correctional institutions to perform work
necessary and proper, to be done by them at camps to be
established pursuant to the authority granted by RCW
72.64.060 through 72.64.090: PROVIDED, That such prisoners shall not be authorized to perform work on any public
road, other than access roads to forestry lands. The secretary
may enter into contracts for the purposes of RCW 72.64.060
through 72.64.090. [1979 c 141 § 269; 1961 c 171 § 3; 1959
c 28 § 72.64.060. Prior: 1955 c 128 § 1. Formerly RCW
43.28.500.]
72.64.065
72.64.065 Industrial insurance—Application to certain inmates—Payment of premiums and assessments.
From and after July 1, 1973, any inmate working in a department of natural resources adult honor camp established and
operated pursuant to RCW 72.64.050, 72.64.060, and
72.64.100 shall be eligible for the benefits provided by Title
51 RCW, as now or hereafter amended, relating to industrial
insurance, with the exceptions herein provided.
No inmate as herein described, until released upon an
order of parole by the state *board of prison terms and
paroles, or discharged from custody upon expiration of sentence, or discharged from custody by order of a court of
appropriate jurisdiction, or his dependents or beneficiaries,
shall be entitled to any payment for temporary disability or
permanent total disability as provided for in RCW 51.32.090
or 51.32.060 respectively, as now or hereafter enacted, or to
the benefits of chapter 51.36 RCW relating to medical aid.
Any and all premiums or assessments as may arise under
this section pursuant to the provisions of Title 51 RCW shall
be the obligation of and be paid by the state department of
natural resources. [1972 ex.s. c 40 § 3.]
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective
July 1, 1986.
Effective date—1972 ex.s. c 40: See note following RCW 72.60.100.
72.64.070
72.64.070 Industrial insurance—Eligibility for
employment—Procedure—Return. The department shall
determine which prisoners shall be eligible for employment
under RCW 72.64.060, and shall establish and modify lists of
prisoners eligible for such employment, upon the requisition
of an agency mentioned in RCW 72.64.060. The secretary
may send to the place, and at the time designated, the number
of prisoners requisitioned, or such number thereof as have
been determined to be eligible for such employment and are
available. No prisoner shall be eligible or shall be released for
such employment until his eligibility therefor has been determined by the department.
(2004 Ed.)
Labor and Employment of Prisoners
The secretary may return to prison any prisoner transferred to camp pursuant to this section, when the need for
such prisoner's labor has ceased or when the prisoner is guilty
of any violation of the rules and regulations of the prison or
camp. [1979 c 141 § 270; 1959 c 28 § 72.64.070. Prior: 1955
c 128 § 2. Formerly RCW 43.28.510.]
72.64.080
72.64.080 Industrial insurance—Duties of employing
agency—Costs—Supervision. The agency providing for
prisoners under RCW 72.64.060 through 72.64.090 shall designate and supervise all work done under the provisions
thereof. The agency shall provide, erect and maintain any
necessary camps, except that where no funds are available to
the agency, the department may provide, erect and maintain
the necessary camps. The secretary shall supervise and manage the necessary camps and commissaries. [1979 c 141 §
271; 1959 c 28 § 72.64.080. Prior: 1955 c 128 § 3. Formerly
RCW 43.28.520.]
72.64.090
72.64.090 Industrial insurance—Department's jurisdiction. The department shall have full jurisdiction at all
times over the discipline and control of the prisoners performing work under RCW 72.64.060 through 72.64.090.
[1959 c 28 § 72.64.090. Prior: 1955 c 128 § 4. Formerly
RCW 43.28.530.]
72.64.100
72.64.100 Regional jail camps—Authorized—Purposes—Rules. The secretary is authorized to establish and
operate regional jail camps for the confinement, treatment,
and care of persons sentenced to jail terms in excess of thirty
days, including persons so imprisoned as a condition of probation. The secretary shall make rules and regulations governing the eligibility for commitment or transfer to such
camps and rules and regulations for the government of such
camps. Subject to the rules and regulations of the secretary,
and if there is in effect a contract entered into pursuant to
RCW 72.64.110, a county prisoner may be committed to a
regional jail camp in lieu of commitment to a county jail or
other county detention facility. [1979 c 141 § 272; 1961 c
171 § 4.]
72.64.110
72.64.110 Contracts to furnish county prisoners confinement, care, and employment—Reimbursement by
county—Sheriff's order—Return of prisoner. (1) The
secretary may enter into a contract with any county of the
state, upon the request of the sheriff thereof, wherein the secretary agrees to furnish confinement, care, treatment, and
employment of county prisoners. The county shall reimburse
the state for the cost of such services. Each county shall pay
to the state treasurer the amounts found to be due.
(2) The secretary shall accept such county prisoner if he
believes that the prisoner can be materially benefited by such
confinement, care, treatment and employment, and if adequate facilities to provide such care are available. No such
person shall be transported to any facility under the jurisdiction of the secretary until the secretary has notified the referring court of the place to which said person is to be transmitted and the time at which he can be received.
(3) The sheriff of the county in which such an order is
made placing a misdemeanant in a jail camp pursuant to this
(2004 Ed.)
72.64.150
chapter, or any other peace officer designated by the court,
shall execute an order placing such county prisoner in the jail
camp or returning him therefrom to the court.
(4) The secretary may return to the committing authority,
or to confinement according to his sentence, any person committed or transferred to a regional jail camp pursuant to this
chapter when there is no suitable employment or when such
person is guilty of any violation of rules and regulations of
the regional jail camp. [1980 c 17 § 1. Prior: 1979 c 147 § 1;
1979 c 141 § 273; 1961 c 171 § 5.]
72.64.150
72.64.150 Interstate forest fire suppression compact.
The Interstate Forest Fire Suppression Compact as set forth
in this section is hereby enacted into law and entered into on
behalf of this state with any and all other states legally joining
therein in a form substantially as follows:
INTERSTATE FOREST FIRE
SUPPRESSION COMPACT
ARTICLE I—Purpose
The purpose of this compact is to provide for the development and execution of programs to facilitate the use of
offenders in the forest fire suppression efforts of the party
states for the ultimate protection of life, property, and natural
resources in the party states. The purpose of this compact is
also to, in emergent situations, allow a sending state to cross
state lines with an inmate when, due to weather or road conditions, it is necessary to cross state lines to facilitate the
transport of an inmate.
ARTICLE II—Definitions
As used in this compact, unless the context clearly
requires otherwise:
(a) "Sending state" means a state party to this compact
from which a fire suppression unit is traveling.
(b) "Receiving state" means a state party to this compact
to which a fire suppression unit is traveling.
(c) "Inmate" means a male or female offender who is
under sentence to or confined in a prison or other correctional
institution.
(d) "Institution" means any prison, reformatory, honor
camp, or other correctional facility, except facilities for the
mentally ill or mentally handicapped, in which inmates may
lawfully be confined.
(e) "Fire suppression unit" means a group of inmates
selected by the sending states, corrections personnel, and any
other persons deemed necessary for the transportation, supervision, care, security, and discipline of inmates to be used in
forest fire suppression efforts in the receiving state.
(f) "Forest fire" means any fire burning in any land designated by a party state or federal land management agencies
as forest land.
ARTICLE III—Contracts
Each party state may make one or more contracts with
any one or more of the other party states for the assistance of
one or more fire suppression units in forest fire suppression
efforts. Any such contract shall provide for matters as may be
necessary and appropriate to fix the obligations, responsibilities, and rights of the sending and receiving state.
[Title 72 RCW—page 77]
72.64.160
Title 72 RCW: State Institutions
The terms and provisions of this compact shall be part of
any contract entered into by the authority of, or pursuant to,
this compact. Nothing in any such contract may be inconsistent with this compact.
ARTICLE IV—Procedures and Rights
(a) Each party state shall appoint a liaison for the coordination and deployment of the fire suppression units of each
party state.
(b) Whenever the duly constituted judicial or administrative authorities in a state party to this compact that has
entered into a contract pursuant to this compact decides that
the assistance of a fire suppression unit of a party state is
required for forest fire suppression efforts, such authorities
may request the assistance of one or more fire suppression
units of any state party to this compact through an appointed
liaison.
(c) Inmates who are members of a fire suppression unit
shall at all times be subject to the jurisdiction of the sending
state, and at all times shall be under the ultimate custody of
corrections officers duly accredited by the sending state.
(d) The receiving state shall make adequate arrangements for the confinement of inmates who are members of a
fire suppression unit of a sending state in the event corrections officers duly accredited by the sending state make a discretionary determination that an inmate requires institutional
confinement.
(e) Cooperative efforts shall be made by corrections
officers and personnel of the receiving state located at a fire
camp with the corrections officers and other personnel of the
sending state in the establishment and maintenance of fire
suppression unit base camps.
(f) All inmates who are members of a fire suppression
unit of a sending state shall be cared for and treated equally
with such similar inmates of the receiving state.
(g) Further, in emergent situations a sending state shall
be granted authority and all the protections of this compact to
cross state lines with an inmate when, due to weather or road
conditions, it is necessary to facilitate the transport of an
inmate.
ARTICLE V—Acts Not Reviewable in Receiving
State; Extradition
(a) If while located within the territory of a receiving
state there occurs against the inmate within such state any
criminal charge or if the inmate is suspected of committing
within such state a criminal offense, the inmate shall not be
returned without the consent of the receiving state until discharged from prosecution or other form of proceeding,
imprisonment, or detention for such offense. The duly
accredited officers of the sending state shall be permitted to
transport inmates pursuant to this compact through any and
all states party to this compact without interference.
(b) An inmate member of a fire suppression unit of the
sending state who is deemed to have escaped by a duly
accredited corrections officer of a sending state shall be under
the jurisdiction of both the sending state and the receiving
state. Nothing contained in this compact shall be construed to
prevent or affect the activities of officers and guards of any
jurisdiction directed toward the apprehension and return of an
escapee.
[Title 72 RCW—page 78]
ARTICLE VI—Entry into Force
This compact shall enter into force and become effective
and binding upon the states so acting when it has been
enacted into law by any two states from among the states of
Idaho, Oregon, and Washington.
ARTICLE VII—Withdrawal and Termination
This compact shall continue in force and remain binding
upon a party state until it has enacted a statute repealing the
same and providing for the sending of formal written notice
of withdrawal from the compact to the appropriate officials
of all other party states.
ARTICLE VIII—Other Arrangements Unaffected
Nothing contained in this compact may be construed to
abrogate or impair any agreement that a party state may have
with a nonparty state for the confinement, rehabilitation, or
treatment of inmates nor to repeal any other laws of a party
state authorizing the making of cooperative institutional
arrangements.
ARTICLE IX—Construction and Severability
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence,
or provision of this compact is declared to be contrary to the
constitution of any participating state or of the United States
or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any
government, agency, person, or circumstance shall not be
affected thereby. If this compact shall be held contrary to the
constitution of any state participating therein, the compact
shall remain in full force and effect as to the remaining states
and in full force and effect as to the state affected as to all severable matters. [1991 c 131 § 1.]
Severability—1991 c 131: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1991 c 131 § 3.]
72.64.160
72.64.160 Inmate forest fire suppression crews—
Classification. For the purposes of RCW 72.64.150, inmate
forest fire suppression crews may be considered a class I free
venture industry, as defined in RCW 72.09.100, when fighting fires on federal lands. [1991 c 131 § 2.]
Severability—1991 c 131: See note following RCW 72.64.150.
Chapter 72.65
Chapter 72.65 RCW
WORK RELEASE PROGRAM
Sections
72.65.010
72.65.020
72.65.030
72.65.040
72.65.050
72.65.060
72.65.080
Definitions.
Places of confinement—Extension of limits authorized, conditions—Application of section.
Application of prisoner to participate in program, contents—
Application of section.
Approval or denial of application—Adoption of work release
plan—Terms and conditions—Revocation—Reapplication—Application of section.
Disposition of earnings.
Earnings not subject to legal process.
Contracts with authorities for payment of expenses for housing
participants—Procurement of housing facilities.
(2004 Ed.)
Work Release Program
72.65.090
72.65.100
72.65.110
72.65.120
72.65.130
72.65.200
72.65.210
72.65.220
72.65.900
Transportation, clothing, supplies for participants.
Powers and duties of secretary—Rules and regulations—
Cooperation of other state agencies directed.
Earnings to be deposited in personal funds—Disbursements.
Participants not considered agents or employees of the state—
Contracting with persons, companies, etc., for labor of participants prohibited—Employee benefits and privileges
extended to.
Authority of board of prison terms and paroles not impaired.
Participation in work release plan or program must be authorized by sentence or RCW 9.94A.728.
Inmate participation eligibility standards—Department to conduct overall review of work release program.
Facility siting process.
Effective date—1967 c 17.
Victims of crimes, reimbursement by convicted person as condition of work
release or parole: RCW 7.68.120.
72.65.040
a county or city jail, which jail has been approved after
inspection pursuant to *RCW 70.48.050, or (3) any other
appropriate, supervised facility, after an agreement has been
entered into between the department and the appropriate
authorities of the facility for the housing of work release prisoners.
(2) This section applies only to persons sentenced for
crimes that were committed before July 1, 1984. [1984 c 209
§ 28; 1979 ex.s. c 160 § 1; 1979 c 141 § 275; 1967 c 17 § 2.]
*Reviser's note: RCW 70.48.050 was repealed by 1987 c 462 § 23,
effective January 1, 1988.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
72.65.030
72.65.010 Definitions. As used in this chapter, the following terms shall have the following meanings:
(1) "Department" shall mean the department of corrections.
(2) "Secretary" shall mean the secretary of corrections.
(3) "State correctional institutions" shall mean and
include all state adult correctional facilities established pursuant to law under the jurisdiction of the department for the
treatment of convicted felons sentenced to a term of confinement.
(4) "Prisoner" shall mean a person either male or female,
convicted of a felony and sentenced by the superior court to a
term of confinement and treatment in a state correctional
institution under the jurisdiction of the department.
(5) "Superintendent" shall mean the superintendent of a
state correctional institution, camp or other facility now or
hereafter established under the jurisdiction of the department
pursuant to law. [1992 c 7 § 56; 1985 c 350 § 4; 1981 c 136
§ 110; 1979 c 141 § 274; 1967 c 17 § 1.]
72.65.010
Effective date—1981 c 136: See RCW 72.09.900.
Administrative departments and agencies—General provisions: RCW
43.17.010, 43.17.020.
72.65.020
72.65.020 Places of confinement—Extension of limits
authorized, conditions—Application of section. (1) The
secretary is authorized to extend the limits of the place of
confinement and treatment within the state of any prisoner
convicted of a felony, sentenced to a term of confinement and
treatment by the superior court, and serving such sentence in
a state correctional institution under the jurisdiction of the
department, by authorizing a work release plan for such prisoner, permitting him, under prescribed conditions, to do any
of the following:
(a) Work at paid employment.
(b) Participate in a vocational training program: PROVIDED, That the tuition and other expenses of such a vocational training program shall be paid by the prisoner, by
someone in his behalf, or by the department: PROVIDED
FURTHER, That any expenses paid by the department shall
be recovered by the department pursuant to the terms of
RCW 72.65.050.
(c) Interview or make application to a prospective
employer or employers, or enroll in a suitable vocational
training program.
Such work release plan of any prison shall require that he
be confined during the hours not reasonably necessary to
implement the plan, in (1) a state correctional institution, (2)
(2004 Ed.)
72.65.030 Application of prisoner to participate in
program, contents—Application of section. (1) Any prisoner serving a sentence in a state correctional institution may
make application to participate in the work release program
to the superintendent of the institution in which he is confined. Such application shall set forth the name and address
of his proposed employer or employers or shall specify the
vocational training program, if any, in which he is enrolled. It
shall include a statement to be executed by such prisoner that
if his application be approved he agrees to abide faithfully by
all terms and conditions of the particular work release plan
adopted for him. It shall further set forth such additional
information as the department or the secretary shall require.
(2) This section applies only to persons sentenced for
crimes that were committed before July 1, 1984. [1984 c 209
§ 29; 1979 c 141 § 276; 1967 c 17 § 3.]
Effective dates—1984 c 209: See note following RCW 9.94A.030.
72.65.040
72.65.040 Approval or denial of application—Adoption of work release plan—Terms and conditions—Revocation—Reapplication—Application of section. (1) The
superintendent of the state correctional institution in which a
prisoner who has made application to participate in the work
release program is confined, after careful study of the prisoner's conduct, attitude and behavior within the institutions
under the jurisdiction of the department, his criminal history
and all other pertinent case history material, shall determine
whether or not there is reasonable cause to believe that the
prisoner will honor his trust as a work release participant.
After having made such determination, the superintendent, in
his discretion, may deny the prisoner's application, or recommend to the secretary, or such officer of the department as the
secretary may designate, that the prisoner be permitted to participate in the work release program. The secretary or his designee, may approve, reject, modify, or defer action on such
recommendation. In the event of approval, the secretary or
his designee, shall adopt a work release plan for the prisoner,
which shall constitute an extension of the limits of confinement and treatment of the prisoner when released pursuant
thereto, and which shall include such terms and conditions as
may be deemed necessary and proper under the particular circumstances. The plan shall be signed by the prisoner under
oath that he will faithfully abide by all terms and conditions
thereof. Further, as a condition, the plan shall specify where
such prisoner shall be confined when not released for the purpose of the work release plan. At any time after approval has
been granted to any prisoner to participate in the work release
[Title 72 RCW—page 79]
72.65.050
Title 72 RCW: State Institutions
program, such approval may be revoked, and if the prisoner
has been released on a work release plan, he may be returned
to a state correctional institution, or the plan may be modified, in the sole discretion of the secretary or his designee.
Any prisoner who has been initially rejected either by the
superintendent or the secretary or his designee, may reapply
for permission to participate in a work release program after
a period of time has elapsed from the date of such rejection.
This period of time shall be determined by the secretary or his
designee, according to the individual circumstances in each
case.
(2) This section applies only to persons sentenced for
crimes that were committed before July 1, 1984. [1984 c 209
§ 30; 1979 c 141 § 277; 1967 c 17 § 4.]
Effective dates—1984 c 209: See note following RCW 9.94A.030.
72.65.050
72.65.050 Disposition of earnings. A prisoner
employed under a work release plan shall surrender to the
secretary, or to the superintendent of such state correctional
institution as shall be designated by the secretary in the plan,
his or her total earnings, less payroll deductions required by
law, or such payroll deductions as may reasonably be
required by the nature of the employment and less such
amount which his or her work release plan specifies he or she
should retain to help meet his or her personal needs, including costs necessary for his or her participation in the work
release plan such as expenses for travel, meals, clothing, tools
and other incidentals. The secretary, or the superintendent of
the state correctional institution designated in the work
release plan shall deduct from such earnings, and make payments from such work release participant's earnings in the
following order of priority:
(1) Reimbursement to the department for any expenses
advanced for vocational training pursuant to RCW
72.65.020(2), or for expenses incident to a work release plan
pursuant to RCW 72.65.090.
(2) Payment of board and room charges for the work
release participant: PROVIDED, That if the participant is
housed at a state correctional institution, the average daily per
capita cost for the operation of such correctional institution,
excluding capital outlay expenditures, shall be paid from the
work release participant's earnings to the general fund of the
state treasury: PROVIDED FURTHER, That if such work
release participant is housed in another facility pursuant to
agreement, then the charges agreed to between the department and the appropriate authorities of such facility shall be
paid from the participant's earnings to such appropriate
authorities.
(3) Payments for the necessary support of the work
release participant's dependents, if any.
(4) Ten percent for payment of legal financial obligations for all work release participants who have legal financial obligations owing in any Washington state superior
court.
(5) Payments to creditors of the work release participant,
which may be made at his or her discretion and request, upon
proper proof of personal indebtedness.
(6) Payments to the work release participant himself or
herself upon parole or discharge, or for deposit in his or her
personal account if returned to a state correctional institution
[Title 72 RCW—page 80]
for confinement and treatment. [2002 c 126 § 3; 1979 c 141
§ 278; 1967 c 17 § 5.]
72.65.060
72.65.060 Earnings not subject to legal process. The
earnings of a work release participant shall not be subject to
garnishment, attachment, or execution while such earnings
are either in the possession of the employer or any state
officer authorized to hold such funds, except for payment of
a court-ordered legal financial obligation as that term is
defined in RCW 72.11.010. [1989 c 252 § 21; 1967 c 17 § 6.]
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
72.65.080
72.65.080 Contracts with authorities for payment of
expenses for housing participants—Procurement of housing facilities. The secretary may enter into contracts with the
appropriate authorities for the payment of the cost of feeding
and lodging and other expenses of housing work release participants. Such contracts may include any other terms and
conditions as may be appropriate for the implementation of
the work release program. In addition the secretary is authorized to acquire, by lease or contract, appropriate facilities for
the housing of work release participants and providing for
their subsistence and supervision. Such work release participants placed in leased or contracted facilities shall be
required to reimburse the department the per capita cost of
subsistence and lodging in accordance with the provisions
and in the priority established by RCW 72.65.050(2). The
location of such facilities shall be subject to the zoning laws
of the city or county in which they may be situated. [1982 1st
ex.s. c 48 § 18; 1981 c 136 § 111; 1979 c 141 § 279; 1969 c
109 § 1; 1967 c 17 § 8.]
Severability—1982 1st ex.s. c 48: See note following RCW
28B.14G.900.
Effective date—1981 c 136: See RCW 72.09.900.
Effective date—1969 c 109: "This act shall become effective on July
1, 1969." [1969 c 109 § 2.]
72.65.090
72.65.090 Transportation, clothing, supplies for participants. The department may provide transportation for
work release participants to the designated places of housing
under the work release plan, and may supply suitable clothing
and such other equipment, supplies and other necessities as
may be reasonably needed for the implementation of the
plans adopted for such participation from the community services revolving fund as established in RCW 9.95.360: PROVIDED, That costs and expenditures incurred for this purpose may be deducted by the department from the earnings of
the participants and deposited in the community services
revolving fund. [1986 c 125 § 6; 1967 c 17 § 9.]
72.65.100
72.65.100 Powers and duties of secretary—Rules and
regulations—Cooperation of other state agencies
directed. The secretary is authorized to make rules and regulations for the administration of the provisions of this chapter to administer the work release program. In addition, the
department shall:
(1) Supervise and consult with work release participants;
(2) Locate available employment or vocational training
opportunities for qualified work release participants;
(2004 Ed.)
Work Release Program
(3) Effect placement of work release participants under
the program;
(4) Collect, account for and make disbursement from
earnings of work release participants under the provisions of
this chapter, including accounting for all inmate debt in the
community services revolving fund. RCW 9.95.370 applies
to inmates assigned to work/training release facilities who
receive assistance as provided in RCW 9.95.310, 9.95.320,
72.65.050, and 72.65.090;
(5) Promote public understanding and acceptance of the
work release program.
All state agencies shall cooperate with the department in
the administration of the work release program as provided
by this chapter. [1986 c 125 § 7; 1981 c 136 § 112; 1979 c
141 § 280; 1967 c 17 § 10.]
Effective date—1981 c 136: See RCW 72.09.900.
72.65.110
72.65.110 Earnings to be deposited in personal
funds—Disbursements. All earnings of work release participants shall be deposited by the secretary, or the superintendent of a state correctional institution designated by the secretary in the work release plan, in personal funds. All disbursements from such funds shall be made only in
accordance with the work release plans of such participants
and in accordance with the provisions of this chapter. [1979
c 141 § 281; 1967 c 17 § 11.]
72.65.120
72.65.120 Participants not considered agents or
employees of the state—Contracting with persons, companies, etc., for labor of participants prohibited—
Employee benefits and privileges extended to. All participants who become engaged in employment or training under
the work release program shall not be considered as agents,
employees or involuntary servants of state and the department is prohibited from entering into a contract with any person, co-partnership, company or corporation for the labor of
any participant under its jurisdiction: PROVIDED, That such
work release participants shall be entitled to all benefits and
privileges in their employment under the provisions of this
chapter to the same extent as other employees of their
employer, except that such work release participants shall not
be eligible for unemployment compensation benefits pursuant to any of the provisions of Title 50 RCW until released on
parole or discharged on expiration of their maximum sentences. [1967 c 17 § 12.]
72.65.130
72.65.130 Authority of board of prison terms and
paroles not impaired. This chapter shall not be construed as
affecting the authority of the *board of prison terms and
paroles pursuant to the provisions of chapter 9.95 RCW over
any person who has been approved for participation in the
work release program. [1971 ex.s. c 58 § 1; 1967 c 17 § 13.]
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective
July 1, 1986.
Effective date—1971 ex.s. c 58: See note following RCW 72.66.010.
72.65.200
72.65.200 Participation in work release plan or program must be authorized by sentence or RCW 9.94A.728.
The secretary may permit a prisoner to participate in any
(2004 Ed.)
72.65.220
work release plan or program but only if the participation is
authorized pursuant to the prisoner's sentence or pursuant to
RCW 9.94A.728. This section shall become effective July 1,
1984. [1981 c 137 § 35.]
Severability—1981 c 137: See RCW 9.94A.910.
72.65.210
72.65.210 Inmate participation eligibility standards—Department to conduct overall review of work
release program. (1) The department shall establish, by
rule, inmate eligibility standards for participation in the work
release program.
(2) The department shall:
(a) Conduct an annual examination of each work release
facility and its security procedures;
(b) Investigate and set standards for the inmate supervision policies of each work release facility;
(c) Establish physical standards for future work release
structures to ensure the safety of inmates, employees, and the
surrounding communities;
(d) Evaluate its recordkeeping of serious infractions to
determine if infractions are properly and consistently
assessed against inmates eligible for work release;
(e) The department shall establish a written treatment
plan best suited to the inmate's needs, cost, and the relationship of community placement and community corrections
officers to a system of case management;
(f) Adopt a policy to encourage businesses employing
work release inmates to contact the appropriate work release
facility whenever an inmate is absent from his or her work
schedule. The department of corrections shall provide each
employer with written information and instructions on who
should be called if a work release employee is absent from
work or leaves the job site without authorization; and
(g) Develop a siting policy, in conjunction with cities,
counties, community groups, and the department of community, trade, and economic development for the establishment
of additional work release facilities. Such policy shall include
at least the following elements: (i) Guidelines for appropriate
site selection of work-release facilities; (ii) notification
requirements to local government and community groups of
intent to site a work release facility; and (iii) guidelines for
effective community relations by the work release program
operator.
The department shall comply with the requirements of
this section by July 1, 1990. [1998 c 245 § 142; 1995 c 399 §
203; 1989 c 89 § 1.]
72.65.220
72.65.220 Facility siting process. (1) The department
or a private or public entity under contract with the department may establish or relocate for the operation of a work
release or other community-based facility only after public
notifications and local public meetings have been completed
consistent with this section.
(2) The department and other state agencies responsible
for siting department-owned, operated, or contracted facilities shall establish a process for early and continuous public
participation in establishing or relocating work release or
other community-based facilities. This process shall include
public meetings in the local communities affected, opportuni[Title 72 RCW—page 81]
72.65.900
Title 72 RCW: State Institutions
ties for written and oral comments, and wide dissemination of
proposals and alternatives, including at least the following:
(a) When the department or a private or public entity
under contract with the department has selected three or
fewer sites for final consideration of a department-owned,
operated, or contracted work release or other communitybased facility, the department or contracting organization
shall make public notification and conduct public hearings in
the local communities of the final three or fewer proposed
sites. An additional public hearing after public notification
shall also be conducted in the local community selected as the
final proposed site.
(b) Notifications required under this section shall be provided to the following:
(i) All newspapers of general circulation in the local area
and all local radio stations, television stations, and cable networks;
(ii) Appropriate school districts, private schools, kindergartens, city and county libraries, and all other local government offices within a one-half mile radius of the proposed
site or sites;
(iii) The local chamber of commerce, local economic
development agencies, and any other local organizations that
request such notification from the department; and
(iv) In writing to all residents and/or property owners
within a one-half mile radius of the proposed site or sites.
(3) When the department contracts for the operation of a
work release or other community-based facility that is not
owned or operated by the department, the department shall
require as part of its contract that the contracting entity comply with all the public notification and public hearing requirements as provided in this section for each located and relocated work release or other community-based facility. [1997
c 348 § 1; 1994 c 271 § 1001.]
Effective date—1994 c 271 § 1001: "Section 1001 of this act shall take
effect July 1, 1994." [1994 c 271 § 1101.]
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
72.66.090
Violation or revocation of furlough—Authority of secretary to
issue arrest warrants—Enforcement of warrants by law
enforcement officers—Authority of probation and parole
officer to suspend furlough.
Reviser's note: Throughout this chapter "this act" has been changed to
"this chapter." "This act" [1971 ex.s. c 58] consists of this chapter and the
1971 amendment to RCW 72.65.130.
Leaves of absence for inmates: RCW 72.01.365 through 72.01.380.
72.66.010
72.66.010 Definitions. As used in this chapter the following words shall have the following meanings:
(1) "Department" means the department of corrections.
(2) "Furlough" means an authorized leave of absence for
an eligible resident, without any requirement that the resident
be accompanied by, or be in the custody of, any law enforcement or corrections official while on such leave.
(3) "Emergency furlough" means a specially expedited
furlough granted to a resident to enable him to meet an emergency situation, such as the death or critical illness of a member of his family.
(4) "Resident" means a person convicted of a felony and
serving a sentence for a term of confinement in a state correctional institution or facility, or a state approved work or training release facility.
(5) "Secretary" means the secretary of corrections, or his
designee or designees. [1981 c 136 § 113; 1973 c 20 § 2;
1971 ex.s. c 58 § 2.]
Effective date—1981 c 136: See RCW 72.09.900.
Construction—Prior rules and regulations—1973 c 20: "The provisions of this 1973 amendatory act shall not affect the validity of any rule or
regulation adopted prior to the effective date of this 1973 amendatory act
[June 7, 1973], if such rule or regulation is not in conflict with any provision
of this 1973 amendatory act." [1973 c 20 § 17.]
Effective date—1971 ex.s. c 58: "This act shall become effective on
July 1, 1971." [1971 ex.s. c 58 § 11.]
72.66.012
72.66.012 Granting of furloughs authorized. The secretary may grant a furlough but only if not precluded from
doing so under RCW 72.66.014, 72.66.016, 72.66.018,
72.66.024, 72.66.034, or 72.66.036. [1973 c 20 § 3.]
72.65.900
72.65.900 Effective date—1967 c 17. This act shall
become effective on July 1, 1967. [1967 c 17 § 14.]
Chapter 72.66
Chapter 72.66 RCW
FURLOUGHS FOR PRISONERS
Sections
72.66.010
72.66.012
72.66.014
72.66.016
72.66.018
72.66.022
72.66.024
72.66.026
72.66.028
72.66.032
72.66.034
72.66.036
72.66.038
72.66.042
72.66.044
72.66.050
72.66.070
72.66.080
Definitions.
Granting of furloughs authorized.
Ineligibility.
Minimum time served requirement.
Grounds for granting furlough.
Application—Contents.
Sponsor.
Furlough terms and conditions.
Furlough order—Contents.
Furlough identification card.
Applicant's personality and conduct—Examination.
Furlough duration—Extension.
Furlough infractions—Reporting—Regaining custody.
Emergency furlough—Waiver of certain requirements.
Application proceeding not deemed adjudicative proceeding.
Revocation or modification of furlough plan—Reapplication.
Transportation, clothing and funds for furloughed prisoners.
Powers and duties of secretary—Certain agreements—Rules
and regulations.
[Title 72 RCW—page 82]
72.66.014
72.66.014 Ineligibility. A resident may apply for a furlough if he is not precluded from doing so under this section.
A resident shall be ineligible to apply for a furlough if:
(1) He is not classified by the secretary as eligible for or
on minimum security status; or
(2) His minimum term of imprisonment has not been set;
or
(3) He has a valid detainer pending and the agency holding the detainer has not provided written approval for him to
be placed on a furlough-eligible status. Such written approval
may include either specific approval for a particular resident
or general approval for a class or group of residents. [1973 c
20 § 4.]
72.66.016
72.66.016 Minimum time served requirement. (1) A
furlough shall not be granted to a resident if the furlough
would commence prior to the time the resident has served the
minimum amounts of time provided under this section:
(a) If his minimum term of imprisonment is longer than
twelve months, he shall have served at least six months of the
term;
(2004 Ed.)
Furloughs for Prisoners
(b) If his minimum term of imprisonment is less than
twelve months, he shall have served at least ninety days and
shall have no longer than six months left to serve on his minimum term;
(c) If he is serving a mandatory minimum term of confinement, he shall have served all but the last six months of
such term.
(2) A person convicted and sentenced for a violent
offense as defined in RCW 9.94A.030 is not eligible for furlough until the person has served at least one-half of the minimum term as established by the *board of prison terms and
paroles or the sentencing guidelines commission. [1983 c
255 § 8; 1973 c 20 § 5.]
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective
July 1, 1986.
Severability—1983 c 255: See RCW 72.74.900.
72.66.018 Grounds for granting furlough. A furlough
may only be granted to enable the resident:
(1) To meet an emergency situation, such as death or
critical illness of a member of his family;
(2) To obtain medical care not available in a facility
maintained by the department;
(3) To seek employment or training opportunities, but
only when:
(a) There are scheduled specific work interviews to take
place during the furlough;
(b) The resident has been approved for work or training
release but his work or training placement has not occurred or
been concluded; or
(c) When necessary for the resident to prepare a parole
plan for a parole meeting scheduled to take place within one
hundred and twenty days of the commencement of the furlough;
(4) To make residential plans for parole which require
his personal appearance in the community;
(5) To care for business affairs in person when the inability to do so could deplete the assets or resources of the resident so seriously as to affect his family or his future economic security;
(6) To visit his family for the purpose of strengthening or
preserving relationships, exercising parental responsibilities,
or preventing family division or disintegration; or
(7) For any other purpose deemed to be consistent with
plans for rehabilitation of the resident. [1973 c 20 § 6.]
72.66.018
72.66.022 Application—Contents. Each resident
applying for a furlough shall include in his application for the
furlough:
(1) A furlough plan which shall specify in detail the purpose of the furlough and how it is to be achieved, the address
at which the applicant would reside, the names of all persons
residing at such address and their relationships to the applicant;
(2) A statement from the applicant's proposed sponsor
that he agrees to undertake the responsibilities provided in
RCW 72.66.024; and
(3) Such other information as the secretary shall require
in order to protect the public or further the rehabilitation of
the applicant. [1973 c 20 § 7.]
72.66.022
(2004 Ed.)
72.66.026
72.66.024
72.66.024 Sponsor. No furlough shall be granted
unless the applicant for the furlough has procured a person to
act as his sponsor. No person shall qualify as a sponsor unless
he satisfies the secretary that he knows the applicant's furlough plan, is familiar with the furlough conditions prescribed pursuant to RCW 72.66.026, and submits a statement
that he agrees to:
(1) See to it that the furloughed person is provided with
appropriate living quarters for the duration of the furlough;
(2) Notify the secretary immediately if the furloughed
person does not appear as scheduled, departs from the furlough plan at any time, becomes involved in serious difficulty
during the furlough, or experiences problems that affect his
ability to function appropriately;
(3) Assist the furloughed person in other appropriate
ways, such as discussing problems and providing transportation to job interviews; and
(4) Take reasonable measures to assist the resident to
return from furlough. [1973 c 20 § 8.]
72.66.026
72.66.026 Furlough terms and conditions. The terms
and conditions prescribed under this section shall apply to
each furlough, and each resident granted a furlough shall
agree to abide by them.
(1) The furloughed person shall abide by the terms of his
furlough plan.
(2) Upon arrival at the destination indicated in his furlough plan, the furloughed person shall, when so required,
report to a state probation and parole officer in accordance
with instructions given by the secretary prior to release on
furlough. He shall report as frequently as may be required by
the state probation and parole officer.
(3) The furloughed person shall abide by all local, state
and federal laws.
(4) With approval of the state probation and parole
officer designated by the secretary, the furloughed person
may accept temporary employment during a period of furlough.
(5) The furloughed person shall not leave the state at any
time while on furlough.
(6) Other limitations on movement within the state may
be imposed as a condition of furlough.
(7) The furloughed person shall not, in any public place,
drink intoxicating beverages or be in an intoxicated condition. A furloughed person shall not enter any tavern, bar, or
cocktail lounge.
(8) A furloughed person who drives a motor vehicle
shall:
(a) have a valid Washington driver's license in his possession,
(b) have the owner's written permission to drive any
vehicle not his own or his spouse's,
(c) have at least minimum personal injury and property
damage liability coverage on the vehicle he is driving, and
(d) observe all traffic laws.
(9) Each furloughed person shall carry with him at all
times while on furlough a copy of his furlough order prescribed pursuant to RCW 72.66.028 and a copy of the identification card issued to him pursuant to RCW 72.66.032.
[Title 72 RCW—page 83]
72.66.028
Title 72 RCW: State Institutions
(10) The furloughed person shall comply with any other
terms or conditions which the secretary may prescribe. [1973
c 20 § 9.]
72.66.028
72.66.028 Furlough order—Contents. Whenever the
secretary grants a furlough, he shall do so by a special order
which order shall contain each condition and term of furlough prescribed pursuant to RCW 72.66.026 and each additional condition and term which the secretary may prescribe
as being appropriate for the particular person to be furloughed. [1973 c 20 § 10.]
72.66.032
72.66.032 Furlough identification card. The secretary
shall issue a furlough identification card to each resident
granted a furlough. The card shall contain the name of the
resident and shall disclose the fact that he has been granted a
furlough and the time period covered by the furlough. [1973
c 20 § 11.]
72.66.034
72.66.034 Applicant's personality and conduct—
Examination. Prior to the granting of any furlough, the secretary shall examine the applicant's personality and past conduct and determine whether or not he represents a satisfactory
risk for furlough. The secretary shall not grant a furlough to
any person whom he believes represents an unsatisfactory
risk. [1973 c 20 § 12.]
72.66.036
72.66.036 Furlough duration—Extension. (1) The
furlough or furloughs granted to any one resident, excluding
furloughs for medical care, may not exceed thirty consecutive
days or a total of sixty days during a calendar year.
(2) Absent unusual circumstances, each first furlough
and each second furlough granted to a resident shall not
exceed a period of five days and each emergency furlough
shall not exceed forty-eight hours plus travel time.
(3) A furlough may be extended within the maximum
time periods prescribed under this section. [1983 c 255 § 7;
1973 c 20 § 13.]
Severability—1983 c 255: See RCW 72.74.900.
72.66.038
72.66.038 Furlough infractions—Reporting—
Regaining custody. Any employee of the department having
knowledge of a furlough infraction shall report the facts to
the secretary. Upon verification, the secretary shall cause the
custody of the furloughed person to be regained, and for this
purpose may cause a warrant to be issued. [1973 c 20 § 14.]
72.66.042
72.66.042 Emergency furlough—Waiver of certain
requirements. In the event of an emergency furlough, the
secretary may waive all or any portion of RCW 72.66.014(2),
72.66.016, 72.66.022, 72.66.024, and 72.66.026. [1973 c 20
§ 15.]
72.66.044
72.66.044 Application proceeding not deemed adjudicative proceeding. Any proceeding involving an application for a furlough shall not be deemed an adjudicative proceeding under the provisions of chapter 34.05 RCW, the
Administrative Procedure Act. [1989 c 175 § 144; 1973 c 20
§ 16.]
Effective date—1989 c 175: See note following RCW 34.05.010.
[Title 72 RCW—page 84]
72.66.050
72.66.050 Revocation or modification of furlough
plan—Reapplication. At any time after approval has been
granted for a furlough to any prisoner, such approval or order
of furlough may be revoked, and if the prisoner has been
released on an order of furlough, he may be returned to a state
correctional institution, or the plan may be modified, in the
discretion of the secretary. Any prisoner whose furlough
application is rejected may reapply for a furlough after such
period of time has elapsed as shall be determined at the time
of rejection by the superintendent or secretary, whichever
person initially rejected the application for furlough, such
time period being subject to modification. [1971 ex.s. c 58 §
6.]
72.66.070
72.66.070 Transportation, clothing and funds for
furloughed prisoners. The department may provide or
arrange for transportation for furloughed prisoners to the designated place of residence within the state and may, in addition, supply funds not to exceed forty dollars and suitable
clothing, such clothing to be returned to the institution on the
expiration of furlough. [1971 ex.s. c 58 § 8.]
72.66.080
72.66.080 Powers and duties of secretary—Certain
agreements—Rules and regulations. The secretary may
enter into agreements with any agency of the state, a county,
a municipal corporation or any person, corporation or association for the purpose of implementing furlough plans, and, in
addition, may make such rules and regulations in furtherance
of this chapter as he may deem necessary. [1971 ex.s. c 58 §
9.]
72.66.090
72.66.090 Violation or revocation of furlough—
Authority of secretary to issue arrest warrants—Enforcement of warrants by law enforcement officers—Authority of probation and parole officer to suspend furlough.
The secretary may issue warrants for the arrest of any prisoner granted a furlough, at the time of the revocation of such
furlough, or upon the failure of the prisoner to report as designated in the order of furlough. Such arrest warrants shall
authorize any law enforcement, probation and parole or peace
officer of this state, or any other state where such prisoner
may be located, to arrest such prisoner and to place him in
physical custody pending his return to confinement in a state
correctional institution. Any state probation and parole
officer, if he has reasonable cause to believe that a person
granted a furlough has violated a condition of his furlough,
may suspend such person's furlough and arrest or cause the
arrest and detention in physical custody of the furloughed
prisoner, pending the determination of the secretary whether
the furlough should be revoked. The probation and parole
officer shall report to the secretary all facts and circumstances
and the reasons for the action of suspending such furlough.
Upon the basis of the report and such other information as the
secretary may obtain, he may revoke, reinstate or modify the
conditions of furlough, which shall be by written order of the
secretary. If the furlough is revoked, the secretary shall issue
a warrant for the arrest of the furloughed prisoner and his
return to a state correctional institution. [1971 ex.s. c 58 §
10.]
(2004 Ed.)
Transfer, Removal, Transportation—Detention Contracts
Chapter 72.68 RCW
TRANSFER, REMOVAL, TRANSPORTATION—
DETENTION CONTRACTS
Chapter 72.68
Sections
72.68.001
72.68.010
72.68.012
72.68.020
72.68.031
72.68.032
72.68.035
72.68.037
72.68.040
72.68.045
72.68.050
72.68.060
72.68.070
72.68.075
72.68.080
72.68.090
72.68.100
Definitions.
Transfer of prisoners.
Transfer to private institutions—Intent—Authority.
Transportation of prisoners.
Transfer or removal of person in correctional institution to
institution for mentally ill.
Transfer or removal of person in institution for mentally ill to
other institution.
Transfer or removal of committed or confined persons—State
institution or facility for the care of the mentally ill, defined.
Transfer or removal of committed or confined persons—
Record—Notice.
Contracts for detention of felons convicted in this state.
Transfer to out-of-state institution—Notice to victims.
Contracts with other governmental units for detention of felons convicted in this state—Notice of transfer of prisoner.
Contracts with other governmental units for detention of felons convicted in this state—Procedure when transferred prisoner's presence required in judicial proceedings.
Contracts with other governmental units for detention of felons convicted in this state—Procedure regarding prisoner
when contract expires.
Contracts with other states or territories for care, confinement
or rehabilitation of female prisoners.
Federal prisoners, or from other state—Authority to receive.
Federal prisoners, or from other state—Per diem rate for keep.
Federal prisoners, or from other state—Space must be available.
Child under eighteen convicted of crime amounting to felony—Placement—
Segregation from adult offenders: RCW 72.01.410.
Correctional employees: RCW 9.94.050.
Western interstate corrections compact: Chapter 72.70 RCW.
72.68.001
72.68.001 Definitions. As used in this chapter:
"Department" means the department of corrections; and
"Secretary" means the secretary of corrections. [1981 c
136 § 114.]
Effective date—1981 c 136: See RCW 72.09.900.
72.68.010
72.68.010 Transfer of prisoners. (1) Whenever in its
judgment the best interests of the state or the welfare of any
prisoner confined in any penal institution will be better
served by his or her transfer to another institution or to a foreign country of which the prisoner is a citizen or national, the
secretary may effect such transfer consistent with applicable
federal laws and treaties. The secretary has the authority to
transfer offenders out-of-state to private or governmental
institutions if the secretary determines that transfer is in the
best interest of the state or the offender. The determination of
what is in the best interest of the state or offender may include
but is not limited to considerations of overcrowding, emergency conditions, or hardship to the offender. In determining
whether the transfer will impose a hardship on the offender,
the secretary shall consider: (a) The location of the offender's
family and whether the offender has maintained contact with
members of his or her family; (b) whether, if the offender has
maintained contact, the contact will be significantly disrupted
by the transfer due to the family's inability to maintain the
contact as a result of the transfer; and (c) whether the
offender is enrolled in a vocational or educational program
that cannot reasonably be resumed if the offender is returned
to the state.
(2004 Ed.)
72.68.031
(2) If directed by the governor, the secretary shall, in carrying out this section and RCW 43.06.350, adopt rules under
chapter 34.05 RCW to effect the transfer of prisoners requesting transfer to foreign countries. [2000 c 62 § 2; 1983 c 255
§ 10; 1979 c 141 § 282; 1959 c 28 § 72.68.010. Prior: 1955 c
245 § 2; 1935 c 114 § 5; RRS § 10249-5. Formerly RCW
9.95.180.]
Effective date—2000 c 62: See note following RCW 72.68.012.
Severability—1983 c 255: See RCW 72.74.900.
72.68.012
72.68.012 Transfer to private institutions—Intent—
Authority. The legislature has in the past allowed funding
for transfer of convicted felons to a private institution in
another state. It is the legislature's intent to clarify the law to
reflect that the secretary of corrections has authority to contract with private corporations to house felons out-of-state
and has had that authority since before February 1, 1999,
when specific authority to expend funds during specified
bienniums was granted under RCW 72.09.050. The secretary
has the authority to expend funds between February 1, 1999,
and June 30, 2001, for contracts with private corporations to
house felons out-of-state. [2000 c 62 § 1.]
Effective date—2000 c 62: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 22, 2000]." [2000 c 62 § 5.]
72.68.020
72.68.020 Transportation of prisoners. (1) The secretary shall transport prisoners under supervision:
(a) To and between state correctional facilities under the
jurisdiction of the secretary;
(b) From a county, city, or municipal jail to an institution
mentioned in (a) of this subsection and to a county, city, or
municipal jail from an institution mentioned in (a) of this subsection.
(2) The secretary may employ necessary persons for
such purpose. [1992 c 7 § 57; 1979 c 141 § 283; 1959 c 28 §
72.68.020. Prior: 1955 c 245 § 1. Formerly RCW 9.95.181.]
Correctional employees: RCW 9.94.050.
72.68.031
72.68.031 Transfer or removal of person in correctional institution to institution for mentally ill. When, in
the judgment of the secretary, the welfare of any person committed to or confined in any state correctional institution or
facility necessitates that such person be transferred or moved
for observation, diagnosis or treatment to any state institution
or facility for the care of the mentally ill, the secretary, with
the consent of the secretary of social and health services, is
authorized to order and effect such move or transfer: PROVIDED, That the sentence of such person shall continue to
run as if he remained confined in a correctional institution or
facility, and that such person shall not continue so detained or
confined beyond the maximum term to which he was sentenced: PROVIDED, FURTHER, That the secretary and the
*board of prison terms and paroles shall adopt and implement
procedures to assure that persons so transferred shall, while
detained or confined at such institution or facility for the care
of the mentally ill, be provided with substantially similar
opportunities for parole or early release evaluation and determination as persons detained or confined in the state correc[Title 72 RCW—page 85]
72.68.032
Title 72 RCW: State Institutions
tional institutions or facilities. [1981 c 136 § 115; 1972 ex.s.
c 59 § 1.]
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective
July 1, 1986.
Effective date—1981 c 136: See RCW 72.09.900.
their sentences have expired or they are otherwise discharged
by law, paroled or until they are returned to a state correctional institution for convicted felons for further confinement. [2000 c 62 § 3; 1981 c 136 § 117; 1979 c 141 § 284;
1967 c 60 § 1; 1959 c 47 § 1; 1959 c 28 § 72.68.040. Prior:
1957 c 27 § 1. Formerly RCW 9.95.184.]
Effective date—2000 c 62: See note following RCW 72.68.012.
72.68.032
72.68.032 Transfer or removal of person in institution for mentally ill to other institution. When, in the judgment of the secretary of the department of social and health
services, the welfare of any person committed to or confined
in any state institution or facility for the care of the mentally
ill necessitates that such person be transferred or moved for
observation, diagnosis, or treatment, or for different security
status while being observed, diagnosed or treated to any other
state institution or facility for the care of the mentally ill, the
secretary of social and health services is authorized to order
and effect such move or transfer. [1981 c 136 § 116; 1972
ex.s. c 59 § 2.]
Effective date—1981 c 136: See RCW 72.09.900.
72.68.035
72.68.035 Transfer or removal of committed or confined persons—State institution or facility for the care of
the mentally ill, defined. As used in RCW 72.68.031 and
72.68.032, the phrase "state institution or facility for the care
of the mentally ill" shall mean any hospital, institution or
facility operated and maintained by the state of Washington
which has as its principal purpose the care of the mentally ill,
whether such hospital, institution or facility is physically
located within or outside the geographical or structural confines of a state correctional institution or facility: PROVIDED, That whether a state institution or facility for the
care of the mentally ill be physically located within or outside
the geographical or structural confines of a state correctional
institution or facility, it shall be administered separately from
the state correctional institution or facility, and in conformity
with its principal purpose. [1972 ex.s. c 59 § 3.]
72.68.037
72.68.037 Transfer or removal of committed or confined persons—Record—Notice. Whenever a move or
transfer is made pursuant to RCW 72.68.031 or 72.68.032, a
record shall be made and the relatives, attorney, if any, and
guardian, if any, of the person moved shall be notified of the
move or transfer. [1972 ex.s. c 59 § 4.]
72.68.040
72.68.040 Contracts for detention of felons convicted
in this state. The secretary may contract with the authorities
of the federal government, or the authorities of any state of
the United States, private companies in other states, or any
county or city in this state providing for the detention in an
institution or jail operated by such entity, for prisoners convicted of a felony in the courts of this state and sentenced to a
term of imprisonment therefor in a state correctional institution for convicted felons under the jurisdiction of the department. After the making of a contract under this section, prisoners sentenced to a term of imprisonment in a state correctional institution for convicted felons may be conveyed by
the superintendent or his assistants to the institution or jail
named in the contract. The prisoners shall be delivered to the
authorities of the institution or jail, there to be confined until
[Title 72 RCW—page 86]
Effective date—1981 c 136: See RCW 72.09.900.
72.68.045
72.68.045 Transfer to out-of-state institution—
Notice to victims. (1) If the secretary transfers any offender
to an institution in another state after March 22, 2000, the
secretary shall, prior to the transfer, review the records of victims registered with the department. If any registered victim
of the offender resides: (a) In the state to which the offender
is to be transferred; or (b) in close proximity to the institution
to which the offender is to be transferred, the secretary shall
notify the victim prior to the transfer and consider the victim's
concerns about the transfer.
(2) Any victim notified under subsection (1) of this section shall also be notified of the return of the offender to a
facility in Washington, prior to the return.
(3) The secretary shall develop a written policy to define
"close proximity" for purposes of this section. [2000 c 62 §
4.]
Effective date—2000 c 62: See note following RCW 72.68.012.
72.68.050
72.68.050 Contracts with other governmental units
for detention of felons convicted in this state—Notice of
transfer of prisoner. Whenever a prisoner who is serving a
sentence imposed by a court of this state is transferred from a
state correctional institution for convicted felons under RCW
72.68.040 through 72.68.070, the superintendent shall send
to the clerk of the court pursuant to whose order or judgment
the prisoner was committed to a state correctional institution
for convicted felons a notice of transfer, disclosing the name
of the prisoner transferred and giving the name and location
of the institution to which the prisoner was transferred. The
superintendent shall keep a copy of all notices of transfer on
file as a public record open to inspection; and the clerk of the
court shall file with the judgment roll in the appropriate case
a copy of each notice of transfer which he receives from the
superintendent. [1967 c 60 § 2; 1959 c 47 § 2; 1959 c 28 §
72.68.050. Prior: 1957 c 27 § 2. Formerly RCW 9.95.185.]
72.68.060
72.68.060 Contracts with other governmental units
for detention of felons convicted in this state—Procedure
when transferred prisoner's presence required in judicial
proceedings. Should the presence of any prisoner confined,
under authority of RCW 72.68.040 through 72.68.070, in an
institution of another state or the federal government or in a
county or city jail, be required in any judicial proceeding of
this state, the superintendent of a state correctional institution
for convicted felons or his assistants shall, upon being so
directed by the secretary, or upon the written order of any
court of competent jurisdiction, or of a judge thereof, procure
such prisoner, bring him to the place directed in such order
and hold him in custody subject to the further order and direction of the secretary, or of the court or of a judge thereof, until
he is lawfully discharged from such custody. The superinten(2004 Ed.)
Western Interstate Corrections Compact
dent or his assistants may, by direction of the secretary or of
the court, or a judge thereof, deliver such prisoner into the
custody of the sheriff of the county in which he was convicted, or may, by like order, return such prisoner to a state
correctional institution for convicted felons or the institution
from which he was taken. [1979 c 141 § 285; 1967 c 60 § 3;
1959 c 47 § 3; 1959 c 28 § 72.68.060. Prior: 1957 c 27 § 3.
Formerly RCW 9.95.186.]
72.68.070
72.68.070 Contracts with other governmental units
for detention of felons convicted in this state—Procedure
regarding prisoner when contract expires. Upon the expiration of any contract entered into under RCW 72.68.040
through 72.68.070, all prisoners of this state confined in such
institution or jail shall be returned by the superintendent or
his assistants to a state correctional institution for convicted
felons of this state, or delivered to such other institution as the
secretary has contracted with under RCW 72.68.040 through
72.68.070. [1979 c 141 § 286; 1967 c 60 § 4; 1959 c 47 § 4;
1959 c 28 § 72.68.070. Prior: 1957 c 27 § 4. Formerly RCW
9.95.187.]
72.68.075
72.68.075 Contracts with other states or territories
for care, confinement or rehabilitation of female prisoners. The secretary is hereby authorized to contract for the
care, confinement and rehabilitation of female prisoners of
other states or territories of the United States, as more specifically provided in the Western Interstate Corrections Compact, as contained in chapter 72.70 RCW as now or hereafter
amended. [1979 c 141 § 287; 1967 ex.s. c 122 § 12.]
72.68.080
72.68.080 Federal prisoners, or from other state—
Authority to receive. All persons sentenced to prison by the
authority of the United States or of any state or territory of the
United States may be received by the department and imprisoned in a state correctional institution as defined in RCW
72.65.010 in accordance with the sentence of the court by
which they were tried. The prisoners so confined shall be
subject in all respects to discipline and treatment as though
committed under the laws of this state. [1983 c 255 § 11;
1967 ex.s. c 122 § 10; 1959 c 28 § 72.68.080. Prior: 1951 c
135 § 1. Formerly RCW 72.08.350.]
Severability—1983 c 255: See RCW 72.74.900.
72.68.090
72.68.090 Federal prisoners, or from other state—
Per diem rate for keep. The secretary is authorized to enter
into contracts with the proper officers or agencies of the
United States and of other states and territories of the United
States relative to the per diem rate to be paid the state of
Washington for the conditions of the keep of each prisoner.
[1979 c 141 § 288; 1959 c 28 § 72.68.090. Prior: 1951 c 135
§ 2. Formerly RCW 72.08.360.]
72.68.100
72.68.100 Federal prisoners, or from other state—
Space must be available. The secretary shall not enter into
any contract for the care or commitment of any prisoner of
the federal government or any other state unless there is
vacant space and unused facilities in state correctional facilities. [1992 c 7 § 58; 1979 c 141 § 289; 1967 ex.s. c 122 § 11;
(2004 Ed.)
72.70.010
1959 c 28 § 72.68.100. Prior: 1951 c 135 § 3. Formerly RCW
72.08.370.]
Chapter 72.70
Chapter 72.70 RCW
WESTERN INTERSTATE
CORRECTIONS COMPACT
Sections
72.70.010
72.70.020
72.70.030
72.70.040
72.70.050
72.70.060
72.70.900
Compact enacted—Provisions.
Secretary authorized to receive or transfer inmates pursuant to
contract.
Responsibilities of courts, departments, agencies and officers.
Hearings.
Secretary may enter into contracts.
Secretary may provide clothing, etc., to inmate released in
another state.
Severability—Liberal construction—1959 c 287.
Compacts for out-of-state supervision of parolees or probationers: RCW
9.95.270.
Interstate compact on juveniles: Chapter 13.24 RCW.
72.70.010 Compact enacted—Provisions. The Western Interstate Corrections Compact as contained herein is
hereby enacted into law and entered into on behalf of this
state with any and all other states legally joining therein in a
form substantially as follows:
72.70.010
WESTERN INTERSTATE
CORRECTIONS COMPACT
ARTICLE I—Purpose and Policy
The party states, desiring by common action to improve
their institutional facilities and provide programs of sufficiently high quality for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the
policy of each of the party states to provide such facilities and
programs on a basis of cooperation with one another, thereby
serving the best interests of such offenders and of society.
The purpose of this compact is to provide for the development and execution of such programs of cooperation for the
confinement, treatment and rehabilitation of offenders.
ARTICLE II—Definitions
As used in this compact, unless the context clearly
requires otherwise:
(a) "State" means a state of the United States, or, subject
to the limitation contained in Article VII, Guam.
(b) "Sending state" means a state party to this compact in
which conviction was had.
(c) "Receiving state" means a state party to this compact
to which an inmate is sent for confinement other than a state
in which conviction was had.
(d) "Inmate" means a male or female offender who is
under sentence to or confined in a prison or other correctional
institution.
(e) "Institution" means any prison, reformatory or other
correctional facility except facilities for the mentally ill or
mentally handicapped in which inmates may lawfully be confined.
ARTICLE III—Contracts
(a) Each party state may make one or more contracts
with any one or more of the other party states for the confine[Title 72 RCW—page 87]
72.70.010
Title 72 RCW: State Institutions
ment of inmates on behalf of a sending state in institutions
situated within receiving states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the
sending state for inmate maintenance, extraordinary medical
and dental expenses, and any participation in or receipt by
inmates of rehabilitative or correctional services, facilities,
programs or treatment not reasonably included as part of normal maintenance.
3. Participation in programs of inmate employment, if
any; the disposition or crediting of any payments received by
inmates on account thereof; and the crediting of proceeds
from or disposal of any products resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the
sending and receiving states.
(b) Prior to the construction or completion of construction of any institution or addition thereto by a party state, any
other party state or states may contract therewith for the
enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percentum of the capacity of the institution to be kept available
for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that
monies are legally available therefor, pay to the receiving
state, a reasonable sum as consideration for such enlargement
of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or
in installments as provided in the contract.
(c) The terms and provisions of this compact shall be a
part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
ARTICLE IV—Procedures and Rights
(a) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, and which has
entered into a contract pursuant to Article III, shall decide
that confinement in, or transfer of an inmate to, an institution
within the territory of another party state is necessary in order
to provide adequate quarters and care or desirable in order to
provide an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within
an institution within the territory of said other party state, the
receiving state to act in that regard solely as agent for the
sending state.
(b) The appropriate officials of any state party to this
compact shall have access, at all reasonable times, to any
institution in which it has a contractual right to confine
inmates for the purpose of inspecting the facilities thereof
and visiting such of its inmates as may be confined in the
institution.
(c) Inmates confined in an institution pursuant to the
terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed
therefrom for transfer to a prison or other institution within
the sending state, for transfer to another institution in which
the sending state may have a contractual or other right to con[Title 72 RCW—page 88]
fine inmates, for release on probation or parole, for discharge,
or for any other purpose permitted by the laws of the sending
state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the
terms of any contract entered into under the terms of Article
III.
(d) Each receiving state shall provide regular reports to
each sending state on the inmates of that sending state in
institutions pursuant to this compact including a conduct
record of each inmate and certify said record to the official
designated by the sending state, in order that each inmate
may have the benefit of his or her record in determining and
altering the disposition of said inmate in accordance with the
law which may obtain in the sending state and in order that
the same may be a source of information for the sending state.
(e) All inmates who may be confined in an institution
pursuant to the provisions of this compact shall be treated in
a reasonable and humane manner and shall be cared for and
treated equally with such similar inmates of the receiving
state as may be confined in the same institution. The fact of
confinement in a receiving state shall not deprive any inmate
so confined of any legal rights which said inmate would have
had if confined in an appropriate institution of the sending
state.
(f) Any hearing or hearings to which an inmate confined
pursuant to this compact may be entitled by the laws of the
sending state may be had before the appropriate authorities of
the sending state, or of the receiving state if authorized by the
sending state. The receiving state shall provide adequate
facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or
hearings are had before officials of the receiving state, the
governing law shall be that of the sending state and a record
of the hearing or hearings as prescribed by the sending state
shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to
the official or officials before whom the hearing would have
been had if it had taken place in the sending state. In any and
all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as
agents of the sending state and no final determination shall be
made in any matter except by the appropriate officials of the
sending state. Costs of records made pursuant to this subdivision shall be borne by the sending state.
(g) Any inmate confined pursuant to this compact shall
be released within the territory of the sending state unless the
inmate, and the sending and receiving states, shall agree upon
release in some other place. The sending state shall bear the
cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this
compact shall have any and all rights to participate in and
derive any benefits or incur or be relieved of any obligations
or have such obligations modified or his status changed on
account of any action or proceeding in which he could have
participated if confined in any appropriate institution of the
sending state located within such state.
(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for,
advise, or otherwise function with respect to any inmate shall
not be deprived of or restricted in his exercise of any power
(2004 Ed.)
Western Interstate Corrections Compact
in respect of any inmate confined pursuant to the terms of this
compact.
ARTICLE V—Acts Not Reviewable In Receiving
State; Extradition
(a) Any decision of the sending state in respect of any
matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the
receiving state, but if at the time the sending state seeks to
remove an inmate from an institution in the receiving state
there is pending against the inmate within such state any
criminal charge or if the inmate is suspected of having committed within such state a criminal offense, the inmate shall
not be returned without the consent of the receiving state until
discharged from prosecution or other form of proceeding,
imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all
states party to this compact without interference.
(b) An inmate who escapes from an institution in which
he is confined pursuant to this compact shall be deemed a
fugitive from the sending state and from the state in which the
institution is situated. In the case of an escape to a jurisdiction
other than the sending or receiving state, the responsibility
for institution of extradition proceedings shall be that of the
sending state, but nothing contained herein shall be construed
to prevent or affect the activities of officers and agencies of
any jurisdiction directed toward the apprehension and return
of an escapee.
ARTICLE VI—Federal Aid
Any state party to this compact may accept federal aid
for use in connection with an institution or program, the use
of which is or may be affected by this compact or any contract pursuant thereto and any inmate in a receiving state pursuant to this compact may participate in any such federally
aided program or activity for which the sending and receiving
states have made contractual provision; provided that if such
program or activity is not part of the customary correctional
regimen the express consent of the appropriate official of the
sending state shall be required therefor.
ARTICLE VII—Entry Into Force
This compact shall enter into force and become effective
and binding upon the states so acting when it has been
enacted into law by any two contiguous states from among
the states of Alaska, Arizona, California, Colorado, Hawaii,
Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon,
Utah, Washington and Wyoming. For the purposes of this
article, Alaska and Hawaii shall be deemed contiguous to
each other; to any and all of the states of California, Oregon
and Washington; and to Guam. Thereafter, this compact shall
enter into force and become effective and binding as to any
other of said states, or any other state contiguous to at least
one party state upon similar action by such state. Guam may
become party to this compact by taking action similar to that
provided for joinder by any other eligible party state and
upon the consent of Congress to such joinder. For the purposes of this article, Guam shall be deemed contiguous to
Alaska, Hawaii, California, Oregon and Washington.
(2004 Ed.)
72.70.030
ARTICLE VIII—Withdrawal and Termination
This compact shall continue in force and remain binding
upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written
notice of withdrawal from the compact to the appropriate
officials of all other party states. An actual withdrawal shall
not take effect until two years after the notices provided in
said statute have been sent. Such withdrawal shall not relieve
the withdrawing state from its obligations assumed hereunder
prior to the effective date of withdrawal. Before the effective
date of withdrawal, a withdrawing state shall remove to its
territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
ARTICLE IX—Other Arrangements Unaffected
Nothing contained in this compact shall be construed to
abrogate or impair any agreement or other arrangement
which a party state may have with a non-party state for the
confinement, rehabilitation or treatment of inmates nor to
repeal any other laws of a party state authorizing the making
of cooperative institutional arrangements.
ARTICLE X—Construction and Severability
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence
or provision of this compact is declared to be contrary to the
constitution of any participating state or of the United States
or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any
government, agency, person or circumstance shall not be
affected thereby. If this compact shall be held contrary to the
constitution of any state participating therein, the compact
shall remain in full force and effect as to the remaining states
and in full force and effect as to the state affected as to all severable matters. [1977 ex.s. c 80 § 69; 1959 c 287 § 1.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
72.70.020
72.70.020 Secretary authorized to receive or transfer
inmates pursuant to contract. The secretary of corrections
is authorized to receive or transfer an inmate as defined in
Article II(d) of the Western Interstate Corrections Compact
to any institution as defined in Article II(e) of the Western
Interstate Corrections Compact within this state or without
this state, if this state has entered into a contract or contracts
for the confinement of inmates in such institutions pursuant
to Article III of the Western Interstate Corrections Compact.
[1981 c 136 § 118; 1979 c 141 § 290; 1959 c 287 § 2.]
Effective date—1981 c 136: See RCW 72.09.900.
72.70.030
72.70.030 Responsibilities of courts, departments,
agencies and officers. The courts, departments, agencies
and officers of this state and its subdivisions shall enforce this
compact and shall do all things appropriate to the effectuation
of its purposes and intent which may be within their respective jurisdictions including but not limited to the making and
submission of such reports as are required by the compact.
[1959 c 287 § 3.]
[Title 72 RCW—page 89]
72.70.040
Title 72 RCW: State Institutions
72.70.040
72.70.040 Hearings. The secretary and members of the
*board of prison terms and paroles are hereby authorized and
directed to hold such hearings as may be requested by any
other party state pursuant to Article IV(f) of the Western
Interstate Corrections Compact. Additionally, the secretary
and members of the *board of prison terms and paroles may
hold out-of-state hearings in connection with the case of any
inmate of this state confined in an institution of another state
party to the Western Interstate Corrections Compact. [1979 c
141 § 291; 1959 c 287 § 4.]
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective
July 1, 1986.
72.70.050
72.70.050 Secretary may enter into contracts. The
secretary of corrections is hereby empowered to enter into
such contracts on behalf of this state as may be appropriate to
implement the participation of this state in the Western Interstate Corrections Compact pursuant to Article III thereof. No
such contract shall be of any force or effect until approved by
the attorney general. [1981 c 136 § 119; 1979 c 141 § 292;
1959 c 287 § 5.]
Effective date—1981 c 136: See RCW 72.09.900.
72.70.060
72.70.060 Secretary may provide clothing, etc., to
inmate released in another state. If any agreement between
this state and any other state party to the Western Interstate
Corrections Compact enables the release of an inmate of this
state confined in an institution of another state to be released
in such other state in accordance with Article IV(g) of this
compact, then the secretary is authorized to provide clothing,
transportation and funds to such inmate in accordance with
the provisions of chapter 72.02 RCW. [1983 c 3 § 186; 1979
c 141 § 293; 1959 c 287 § 6.]
72.70.900
72.70.900 Severability—Liberal construction—1959
c 287. The provisions of this act shall be severable and if any
phrase, clause, sentence, or provision of this act is declared to
be unconstitutional or the applicability thereof to any state,
agency, person or circumstance is held invalid, the constitutionality of this act and the applicability thereof to any other
state, agency, person or circumstance shall, with respect to all
severable matters, not be affected thereby. It is the legislative
intent that the provisions of this act be reasonably and liberally construed. [1959 c 287 § 7.]
Chapter 72.72 RCW
CRIMINAL BEHAVIOR OF RESIDENTS
OF INSTITUTIONS
Chapter 72.72
Sections
72.72.010
72.72.020
72.72.030
72.72.040
72.72.050
72.72.060
Legislative intent.
Definitions.
Institutional impact account—Reimbursement to political subdivisions—Limitations.
Reimbursement—Rules.
Disturbances at state penal facilities—Reimbursement to cities
and counties for certain expenses incurred—Funding.
Disturbances at state penal facilities—Reimbursement to cities
and counties for physical injury benefit costs—Limitations.
Reviser's note: 1979 ex.s. c 108 was to be added to chapter 72.06 RCW
but has been codified as chapter 72.72 RCW.
[Title 72 RCW—page 90]
72.72.010
72.72.010 Legislative intent. The legislature finds that
political subdivisions in which state institutions are located
incur a disproportionate share of the criminal justice costs
due to criminal behavior of the residents of such institutions.
To redress this inequity, it shall be the policy of the state of
Washington to reimburse political subdivisions which have
incurred such costs. [1979 ex.s. c 108 § 1.]
72.72.020
72.72.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Political subdivisions" means counties, cities, and
towns.
(2) "Institution" means any state institution for the confinement of adult offenders committed pursuant to chapters
10.64, 10.77, and 71.06 RCW or juvenile offenders committed pursuant to chapter 13.40 RCW. [1983 c 279 § 1; 1981 c
136 § 120; 1979 ex.s. c 108 § 2.]
Effective date—1981 c 136: See RCW 72.09.900.
72.72.030
72.72.030 Institutional impact account—Reimbursement to political subdivisions—Limitations. (1) There is
hereby created, in the state treasury, an institutional impact
account. The secretary of social and health services may
reimburse political subdivisions for criminal justice costs
incurred directly as a result of crimes committed by offenders
residing in an institution as defined herein under the jurisdiction of the secretary of social and health services. Such reimbursement shall be made to the extent funds are available
from the institutional impact account. Reimbursements shall
be limited to law enforcement, prosecutorial, judicial, and jail
facilities costs which are documented to be strictly related to
the criminal activities of the offender.
(2) The secretary of corrections may reimburse political
subdivisions for criminal justice costs incurred directly as a
result of crimes committed by offenders residing in an institution as defined herein under the jurisdiction of the secretary
of corrections. Such reimbursement shall be made to the
extent funds are available from the institutional impact
account. Reimbursements shall be limited to law enforcement, prosecutorial, judicial, and jail facilities costs which
are documented to be strictly related to the criminal activities
of the offender. [1991 sp.s. c 13 § 10; 1985 c 57 § 71; 1983 c
279 § 2; 1979 ex.s. c 108 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
72.72.040
72.72.040 Reimbursement—Rules. (1) The secretary
of social and health services and the secretary of corrections
shall each promulgate rules pursuant to chapter 34.05 RCW
regarding the reimbursement process for their respective
agencies.
(2) Reimbursement shall not be made if otherwise provided pursuant to other provisions of state law. [1983 c 279
§ 3; 1979 ex.s. c 108 § 4.]
72.72.050
72.72.050 Disturbances at state penal facilities—
Reimbursement to cities and counties for certain expenses
incurred—Funding. The state shall reimburse cities and
(2004 Ed.)
Interstate Corrections Compact
counties for their expenses incurred directly as a result of
their providing personnel and material pursuant to a contingency plan adopted under RCW 72.02.150. Reimbursement
to cities and counties shall be expended solely from the institutional impact account within funds available in that
account. If the costs of reimbursements to cities and counties
exceed available funds, the secretary of corrections shall
request the legislature to appropriate sufficient funds to
enable the secretary of corrections to make full reimbursement. [1983 c 279 § 4; 1982 c 49 § 3.]
72.72.060
72.72.060 Disturbances at state penal facilities—
Reimbursement to cities and counties for physical injury
benefit costs—Limitations. The state shall reimburse cities
and counties for their costs incurred under chapter 41.26
RCW if the costs are the direct result of physical injuries sustained in the implementation of a contingency plan adopted
under RCW 72.02.150 and if reimbursement is not precluded
by the following provisions: If the secretary of corrections
identifies in the contingency plan the prison walls or other
perimeter of the secured area, then reimbursement will not be
made unless the injuries occur within the walls or other
perimeter of the secured area. If the secretary of corrections
does not identify prison walls or other perimeter of the
secured area, then reimbursement shall not be made unless
the injuries result from providing assistance, requested by the
secretary of corrections or the secretary's designee, which is
beyond the description of the assistance contained in the contingency plan. In no case shall reimbursement be made when
the injuries result from conduct which either is not requested
by the secretary of corrections or the secretary's designee, or
is in violation of orders by superiors of the local law enforcement agency. [1983 c 279 § 5; 1982 c 49 § 4.]
Chapter 72.74 RCW
INTERSTATE CORRECTIONS COMPACT
Chapter 72.74
Sections
72.74.010
72.74.020
72.74.030
72.74.040
72.74.050
72.74.060
72.74.070
72.74.900
Short title.
Authority to execute, terms of compact.
Authority to receive or transfer inmates.
Enforcement.
Hearings.
Contracts for implementation.
Clothing, transportation, and funds for state inmates released
in other states.
Severability—1983 c 255.
72.74.010
72.74.010 Short title. This chapter shall be known and
may be cited as the Interstate Corrections Compact. [1983 c
255 § 12.]
72.74.020
72.74.020 Authority to execute, terms of compact.
The secretary of the department of corrections is hereby
authorized and requested to execute, on behalf of the state of
Washington, with any other state or states legally joining
therein a compact which shall be in form substantially as follows:
The contracting states solemnly agree that:
(1) The party states, desiring by common action to fully
utilize and improve their institutional facilities and provide
adequate programs for the confinement, treatment, and reha(2004 Ed.)
72.74.020
bilitation of various types of offenders, declare that it is the
policy of each of the party states to provide such facilities and
programs on a basis of cooperation with one another, and
with the federal government, thereby serving the best interest
of such offenders and of society and effecting economies in
capital expenditures and operational costs. The purpose of
this compact is to provide for the mutual development and
execution of such programs of cooperation for the confinement, treatment, and rehabilitation of offenders with the most
economical use of human and material resources.
(2) As used in this compact, unless the context clearly
requires otherwise:
(a) "State" means a state of the United States; the United
States of America; a territory or possession of the United
States; the District of Columbia; and the Commonwealth of
Puerto Rico.
(b) "Sending state" means a state party to this compact in
which conviction or court commitment was had.
(c) "Receiving state" means a state party to this compact
to which an inmate is sent for confinement other than a state
in which conviction or court commitment was had.
(d) "Inmate" means a male or female offender who is
committed, under sentence to, or confined in a penal or correctional institution.
(e) "Institution" means any penal or correctional facility,
including but not limited to a facility for the mentally ill or
mentally defective, in which inmates as defined in subsection
(2)(d) of this section may lawfully be confined.
(3)(a) Each party state may make one or more contracts
with any one or more of the other party states, or with the federal government, for the confinement of inmates on behalf of
a sending state in institutions situated within receiving states.
Any such contract shall provide for:
(i) Its duration;
(ii) Payments to be made to the receiving state or to the
federal government, by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any
participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance;
(iii) Participation in programs of inmate employment, if
any; the disposition or crediting of any payments received by
inmates on account thereof; and the crediting of proceeds
from or disposal of any products resulting therefrom;
(iv) Delivery and retaking of inmates;
(v) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the
sending and receiving states.
(b) The terms and provisions of this compact shall be a
part of any contract entered into by the authority of or pursuant thereto and nothing in any such contract shall be inconsistent therewith.
(4)(a) Whenever the duly constituted authorities in a
state party to this compact, and which has entered into a contract pursuant to subsection (3)(a) of this section, shall decide
that confinement in, or transfer of an inmate to, an institution
within the territory of another party state is necessary or
desirable in order to provide adequate quarters and care or an
appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution
[Title 72 RCW—page 91]
72.74.020
Title 72 RCW: State Institutions
within the territory of said other party state, the receiving
state to act in that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this
compact shall have access, at all reasonable times, to any
institution in which it has a contractual right to confine
inmates for the purpose of inspecting the facilities thereof
and visiting such of its inmates as may be confined in the
institution.
(c) Inmates confined in an institution pursuant to the
terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed
therefrom for transfer to a prison or other institution within
the sending state, for transfer to another institution in which
the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge,
or for any other purpose permitted by the laws of the sending
state, provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the
terms of any contract entered into under the terms of subsection (3)(a) of this section.
(d) Each receiving state shall provide regular reports to
each sending state on the inmates of that sending state in
institutions pursuant to this compact, including a conduct
record of each inmate, and certify said record to the official
designated by the sending state, in order that each inmate
may have official review of his or her record in determining
and altering the disposition of said inmate in accordance with
the law which may obtain in the sending state and in order
that the same may be a source of information for the sending
state.
(e) All inmates who may be confined in an institution
pursuant to the provisions of this compact shall be treated in
a reasonable and humane manner and shall be treated equally
with such similar inmates of the receiving state as may be
confined in the same institution. The fact of confinement in a
receiving state shall not deprive any inmate so confined of
any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined
pursuant to this compact may be entitled by the laws of the
sending state may be had before the appropriate authorities of
the sending state, or of the receiving state if authorized by the
sending state. The receiving state shall provide adequate
facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or
hearings are had before officials of the receiving state, the
governing law shall be that of the sending state and a record
of the hearing or hearings as prescribed by the sending state
shall be made. Said record, together with any recommendations of the hearing officials, shall be transmitted forthwith to
the official or officials before whom the hearing would have
been had if it had taken place in the sending state. In any and
all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as
agents of the sending state and no final determination shall be
made in any matter except by the appropriate officials of the
sending state.
(g) Any inmate confined pursuant to this compact shall
be released within the territory of the sending state unless the
inmate, and the sending and receiving states, shall agree upon
[Title 72 RCW—page 92]
release in some other place. The sending state shall bear the
cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this
compact shall have any and all rights to participate in and
derive any benefits or incur or be relieved of any obligations
or have such obligations modified or his status changed on
account of any action or proceeding in which he could have
participated if confined in any appropriate institution of the
sending state located within such state.
(i) The parents, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for,
advise or otherwise function with respect to any inmate shall
not be deprived of or restricted in his exercise of any power
in respect of any inmate confined pursuant to the terms of this
compact.
(5)(a) Any decision of the sending state in respect to any
matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the
receiving state, but if at the time the sending state seeks to
remove an inmate from an institution in the receiving state
there is pending against the inmate within such state any
criminal charge or if the inmate is formally accused of having
committed within such state a criminal offense, the inmate
shall not be returned without the consent of the receiving
state until discharge from prosecution or other form of proceeding, imprisonment or detention for such offense. The
duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any
and all states party to this compact without interference.
(b) An inmate who escapes from an institution in which
he is confined pursuant to this compact shall be deemed a
fugitive from the sending state and from the state in which the
institution is situated. In the case of an escape to a jurisdiction
other than the sending or receiving state, the responsibility
for institution of extradition or rendition proceedings shall be
that of the sending state, but nothing contained herein shall be
construed to prevent or affect the activities of officers and
agencies of any jurisdiction directed toward the apprehension
and return of an escapee.
(6) Any state party to this compact may accept federal
aid for use in connection with any institution or program, the
use of which is or may be affected by this compact or any
contract pursuant hereto; and any inmate in a receiving state
pursuant to this compact may participate in any such federally-aided program or activity for which the sending and
receiving states have made contractual provision, provided
that if such program or activity is not part of the customary
correctional regimen, the express consent of the appropriate
official of the sending state shall be required therefor.
(7) This compact shall enter into force and become effective and binding upon the states so acting when it has been
enacted into law by any two states. Thereafter, this compact
shall enter into force and become effective and binding as to
any other of said states upon similar action by such state.
(8) This compact shall continue in force and remain
binding upon a party state until it shall have enacted a statute
repealing the same and providing for the sending of formal
written notice of withdrawal from the compact to the appropriate official of all other party states. An actual withdrawal
shall not take effect until one year after the notice provided in
said statute has been sent. Such withdrawal shall not relieve
(2004 Ed.)
Intrastate Corrections Compact
the withdrawing state from its obligations assumed hereunder
prior to the effective date of withdrawal. Before effective
date of withdrawal, a withdrawing state shall remove to its
territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
(9) Nothing contained in this compact shall be construed
to abrogate or impair any agreement or other arrangement
which a party state may have with a nonparty state for the
confinement, rehabilitation or treatment of inmates nor to
repeal any other laws of a party state authorizing the making
of cooperative institutional arrangements.
(10) The provisions of this compact shall be liberally
construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary
to the constitution of any participating state or of the United
States or the applicability thereof to any government, agency,
person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any
government, agency, person or circumstance shall not be
affected thereby. If this compact shall be held contrary to the
constitution of any state participating therein, the compact
shall remain in full force and effect as to the remaining states
and in full force and effect as to the state affected as to all severable matters. [1983 c 255 § 13.]
72.74.030
72.74.030 Authority to receive or transfer inmates.
The secretary of corrections is authorized to receive or transfer an inmate as defined in the Interstate Corrections Compact to any institution as defined in the Interstate Corrections
Compact within this state or without this state, if this state has
entered into a contract or contracts for the confinement of
inmates in such institutions pursuant to subsection (3) of the
Interstate Corrections Compact. [1983 c 255 § 14.]
72.74.040
72.74.040 Enforcement. The courts, departments,
agencies, and officers of this state and its subdivisions shall
enforce this compact and shall do all things appropriate to the
effectuation of its purposes and intent which may be within
their respective jurisdictions including but not limited to the
making and submission of such reports as are required by the
compact. [1983 c 255 § 15.]
72.74.050
72.74.050 Hearings. The secretary is authorized and
directed to hold such hearings as may be requested by any
other party state pursuant to subsection (4)(f) of the Interstate
Corrections Compact. Additionally, the secretary may hold
out-of-state hearings in connection with the case of any
inmate of this state confined in an institution of another state
party to the Interstate Corrections Compact. [1983 c 255 §
16.]
72.74.060
72.74.060 Contracts for implementation. The secretary of corrections is empowered to enter into such contracts
on behalf of this state as may be appropriate to implement the
participation of this state in the Interstate Corrections Compact pursuant to subsection (3) of the compact. No such contract shall be of any force or effect until approved by the
attorney general. [1983 c 255 § 17.]
(2004 Ed.)
72.76.010
72.74.070
72.74.070 Clothing, transportation, and funds for
state inmates released in other states. If any agreement
between this state and any other state party to the Interstate
Corrections Compact enables an inmate of this state confined
in an institution of another state to be released in such other
state in accordance with subsection (4)(g) of this compact,
then the secretary is authorized to provide clothing, transportation, and funds to such inmate in accordance with RCW
72.02.100. [1983 c 255 § 18.]
72.74.900
72.74.900 Severability—1983 c 255. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 255 § 20.]
Chapter 72.76 RCW
INTRASTATE CORRECTIONS COMPACT
Chapter 72.76
Sections
72.76.005
72.76.010
72.76.020
72.76.030
72.76.040
72.76.900
Intent.
Compact enacted—Provisions.
Costs and accounting of offender days.
Contracts authorized for implementation of participation—
Application of chapter.
Fiscal management.
Short title.
72.76.005
72.76.005 Intent. It is the intent of the legislature to
enable and encourage a cooperative relationship between the
department of corrections and the counties of the state of
Washington, and to provide adequate facilities and programs
for the confinement, care, treatment, and employment of
offenders through the exchange or transfer of offenders.
[1989 c 177 § 2.]
72.76.010
72.76.010 Compact enacted—Provisions. The Washington intrastate corrections compact is enacted and entered
into on behalf of this state by the department with any and all
counties of this state legally joining in a form substantially as
follows:
WASHINGTON INTRASTATE
CORRECTIONS COMPACT
A compact is entered into by and among the contracting
counties and the department of corrections, signatories
hereto, for the purpose of maximizing the use of existing
resources and to provide adequate facilities and programs for
the confinement, care, treatment, and employment of offenders.
The contracting counties and the department do solemnly agree that:
(1) As used in this compact, unless the context clearly
requires otherwise:
(a) "Department" means the Washington state department of corrections.
(b) "Secretary" means the secretary of the department of
corrections or designee.
(c) "Compact jurisdiction" means the department of corrections or any county of the state of Washington which has
executed this compact.
[Title 72 RCW—page 93]
72.76.010
Title 72 RCW: State Institutions
(d) "Sending jurisdiction" means a county party to this
agreement or the department of corrections to whom the
courts have committed custody of the offender.
(e) "Receiving jurisdiction" means the department of
corrections or a county party to this agreement to which an
offender is sent for confinement.
(f) "Offender" means a person who has been charged
with and/or convicted of an offense established by applicable
statute or ordinance.
(g) "Convicted felony offender" means a person who has
been convicted of a felony established by state law and is
eighteen years of age or older, or who is less than eighteen
years of age, but whose case has been transferred by the
appropriate juvenile court to a criminal court pursuant to
RCW 13.40.110 or has been tried in a criminal court pursuant
to *RCW 13.04.030(1)(e)(iv).
(h) An "offender day" includes the first day an offender
is delivered to the receiving jurisdiction, but ends at midnight
of the day immediately preceding the day of the offender's
release or return to the custody of the sending jurisdiction.
(i) "Facility" means any state correctional institution,
camp, or other unit established or authorized by law under the
jurisdiction of the department of corrections; any jail, holding, detention, special detention, or correctional facility operated by the county for the housing of adult offenders; or any
contract facility, operated on behalf of either the county or
the state for the housing of adult offenders.
(j) "Extraordinary medical expense" means any medical
expense beyond that which is normally provided by contract
or other health care providers at the facility of the receiving
jurisdiction.
(k) "Compact" means the Washington intrastate corrections compact.
(2)(a) Any county may make one or more contracts with
one or more counties, the department, or both for the
exchange or transfer of offenders pursuant to this compact.
Appropriate action by ordinance, resolution, or otherwise in
accordance with the law of the governing bodies of the participating counties shall be necessary before the contract may
take effect. The secretary is authorized and requested to execute the contracts on behalf of the department. Any such contract shall provide for:
(i) Its duration;
(ii) Payments to be made to the receiving jurisdiction by
the sending jurisdiction for offender maintenance, extraordinary medical and dental expenses, and any participation in or
receipt by offenders of rehabilitative or correctional services,
facilities, programs, or treatment not reasonably included as
part of normal maintenance;
(iii) Participation in programs of offender employment,
if any; the disposition or crediting of any payments received
by offenders on their accounts; and the crediting of proceeds
from or the disposal of any products resulting from the
employment;
(iv) Delivery and retaking of offenders;
(v) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the
sending and receiving jurisdictions.
(b) The terms and provisions of this compact shall be a
part of any contract entered into by the authority of or pursu[Title 72 RCW—page 94]
ant to the contract. Nothing in any contract may be inconsistent with the compact.
(3)(a) Whenever the duly constituted authorities of any
compact jurisdiction decide that confinement in, or transfer
of an offender to a facility of another compact jurisdiction is
necessary or desirable in order to provide adequate housing
and care or an appropriate program of rehabilitation or treatment, the officials may direct that the confinement be within
a facility of the other compact jurisdiction, the receiving
jurisdiction to act in that regard solely as agent for the sending jurisdiction.
(b) The receiving jurisdiction shall be responsible for the
supervision of all offenders which it accepts into its custody.
(c) The receiving jurisdiction shall be responsible to
establish screening criteria for offenders it will accept for
transfer. The sending jurisdiction shall be responsible for
ensuring that all transferred offenders meet the screening criteria of the receiving jurisdiction.
(d) The sending jurisdiction shall notify the sentencing
courts of the name, charges, cause numbers, date, and place
of transfer of any offender, prior to the transfer, on a form to
be provided by the department. A copy of this form shall
accompany the offender at the time of transfer.
(e) The receiving jurisdiction shall be responsible for
providing an orientation to each offender who is transferred.
The orientation shall be provided to offenders upon arrival
and shall address the following conditions at the facility of
the receiving jurisdiction:
(i) Requirements to work;
(ii) Facility rules and disciplinary procedures;
(iii) Medical care availability; and
(iv) Visiting.
(f) Delivery and retaking of inmates shall be the responsibility of the sending jurisdiction. The sending jurisdiction
shall deliver offenders to the facility of the receiving jurisdiction where the offender will be housed, at the dates and times
specified by the receiving jurisdiction. The receiving jurisdiction retains the right to refuse or return any offender. The
sending jurisdiction shall be responsible to retake any transferred offender who does not meet the screening criteria of
the receiving jurisdiction, or who is refused by the receiving
jurisdiction. If the receiving jurisdiction has notified the
sending jurisdiction to retake an offender, but the sending
jurisdiction does not do so within a seven-day period, the
receiving jurisdiction may return the offender to the sending
jurisdiction at the expense of the sending jurisdiction.
(g) Offenders confined in a facility under the terms of
this compact shall at all times be subject to the jurisdiction of
the sending jurisdiction and may at any time be removed
from the facility for transfer to another facility within the
sending jurisdiction, for transfer to another facility in which
the sending jurisdiction may have a contractual or other right
to confine offenders, for release or discharge, or for any other
purpose permitted by the laws of the state of Washington.
(h) Unless otherwise agreed, the sending jurisdiction
shall provide at least one set of the offender's personal clothing at the time of transfer. The sending jurisdiction shall be
responsible for searching the clothing to ensure that it is free
of contraband. The receiving jurisdiction shall be responsible
for providing work clothing and equipment appropriate to the
offender's assignment.
(2004 Ed.)
Intrastate Corrections Compact
(i) The sending jurisdiction shall remain responsible for
the storage of the offender's personal property, unless prior
arrangements are made with the receiving jurisdiction. The
receiving jurisdiction shall provide a list of allowable items
which may be transferred with the offender.
(j) Copies or summaries of records relating to medical
needs, behavior, and classification of the offender shall be
transferred by the sending jurisdiction to the receiving jurisdiction at the time of transfer. At a minimum, such records
shall include:
(i) A copy of the commitment order or orders legally
authorizing the confinement of the offender;
(ii) A copy of the form for the notification of the sentencing courts required by subsection (3)(d) of this section;
(iii) A brief summary of any known criminal history,
medical needs, behavioral problems, and other information
which may be relevant to the classification of the offender;
and
(iv) A standard identification card which includes the
fingerprints and at least one photograph of the offender.
Disclosure of public records shall be the responsibility of the
sending jurisdiction, except for those documents generated
by the receiving jurisdiction.
(k) The receiving jurisdiction shall be responsible for
providing regular medical care, including prescription medication, but extraordinary medical expenses shall be the
responsibility of the sending jurisdiction. The costs of
extraordinary medical care incurred by the receiving jurisdiction for transferred offenders shall be reimbursed by the sending jurisdiction. The receiving jurisdiction shall notify the
sending jurisdiction as far in advance as practicable prior to
incurring such costs. In the event emergency medical care is
needed, the sending jurisdiction shall be advised as soon as
practicable after the offender is treated. Offenders who are
required by the medical authority of the sending jurisdiction
to take prescription medication at the time of the transfer
shall have at least a three-day supply of the medication transferred to the receiving jurisdiction with the offender, and at
the expense of the sending jurisdiction. Costs of prescription
medication incurred after the use of the supply shall be borne
by the receiving jurisdiction.
(l) Convicted offenders transferred under this agreement
may be required by the receiving jurisdiction to work. Transferred offenders participating in programs of offender
employment shall receive the same reimbursement, if any, as
other offenders performing similar work. The receiving jurisdiction shall be responsible for the disposition or crediting of
any payments received by offenders, and for crediting the
proceeds from or disposal of any products resulting from the
employment. Other programs normally provided to offenders
by the receiving jurisdiction such as education, mental health,
or substance abuse treatment shall also be available to transferred offenders, provided that usual program screening criteria are met. No special or additional programs will be provided except by mutual agreement of the sending and receiving jurisdiction, with additional expenses, if any, to be borne
by the sending jurisdiction.
(m) The receiving jurisdiction shall notify offenders
upon arrival of the rules of the jurisdiction and the specific
rules of the facility. Offenders will be required to follow all
rules of the receiving jurisdiction. Disciplinary detention, if
(2004 Ed.)
72.76.010
necessary, shall be provided at the discretion of the receiving
jurisdiction. The receiving jurisdiction may require the sending jurisdiction to retake any offender found guilty of a serious infraction; similarly, the receiving jurisdiction may
require the sending jurisdiction to retake any offender whose
behavior requires segregated or protective housing.
(n) Good-time calculations and notification of each
offender's release date shall be the responsibility of the sending jurisdiction. The sending jurisdiction shall provide the
receiving jurisdiction with a formal notice of the date upon
which each offender is to be released from custody. If the
receiving jurisdiction finds an offender guilty of a violation
of its disciplinary rules, it shall notify the sending jurisdiction
of the date and nature of the violation. If the sending jurisdiction resets the release date according to its good-time policies, it shall provide the receiving jurisdiction with notice of
the new release date.
(o) The sending jurisdiction shall retake the offender at
the receiving jurisdiction's facility on or before his or her
release date, unless the sending and receiving jurisdictions
shall agree upon release in some other place. The sending
jurisdiction shall bear the transportation costs of the return.
(p) Each receiving jurisdiction shall provide monthly
reports to each sending jurisdiction on the number of offenders of that sending jurisdiction in its facilities pursuant to this
compact.
(q) Each party jurisdiction shall notify the others of its
coordinator who is responsible for administrating the jurisdiction's responsibilities under the compact. The coordinators
shall arrange for alternate contact persons in the event of an
extended absence of the coordinator.
(r) Upon reasonable notice, representatives of any party
to this compact shall be allowed to visit any facility in which
another party has agreed to house its offenders, for the purpose of inspecting the facilities and visiting its offenders that
may be confined in the institution.
(4) This compact shall enter into force and become effective and binding upon the participating parties when it has
been executed by two or more parties. Upon request, each
party county shall provide any other compact jurisdiction
with a copy of a duly enacted resolution or ordinance authorizing entry into this compact.
(5) A party participating may withdraw from the compact by formal resolution and by written notice to all other
parties then participating. The withdrawal shall become
effective, as it pertains to the party wishing to withdraw,
thirty days after written notice to the other parties. However,
such withdrawal shall not relieve the withdrawing party from
its obligations assumed prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing participant shall notify the other parties to retake the
offenders it has housed in its facilities and shall remove to its
facilities, at its own expense, offenders it has confined under
the provisions of this compact.
(6) Legal costs relating to defending actions brought by
an offender challenging his or her transfer to another jurisdiction under this compact shall be borne by the sending jurisdiction. Legal costs relating to defending actions arising from
events which occur while the offender is in the custody of a
receiving jurisdiction shall be borne by the receiving jurisdiction.
[Title 72 RCW—page 95]
72.76.020
Title 72 RCW: State Institutions
(7) The receiving jurisdiction shall not be responsible to
provide legal services to offenders placed under this agreement. Requests for legal services shall be referred to the
sending jurisdiction.
(8) The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence,
or provision of this compact is declared to be contrary to the
Constitution or laws of the state of Washington or is held
invalid, the validity of the remainder of this compact and its
applicability to any county or the department shall not be
affected.
(9) Nothing contained in this compact shall be construed
to abrogate or impair any agreement or other arrangement
which a county or the department may have with each other
or with a nonparty county for the confinement, rehabilitation,
or treatment of offenders. [1994 sp.s. c 7 § 539; 1989 c 177
§ 3.]
*Reviser's note: RCW 13.04.030 was amended by 1997 c 341 § 3,
changing subsection (1)(e)(iv) to subsection (1)(e)(v).
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
72.76.040
72.76.040 Fiscal management. Notwithstanding any
other provisions of law, payments received by the department
pursuant to contracts entered into under the authority of this
chapter shall be treated as nonappropriated funds and shall be
exempt from the allotment controls established under chapter
43.88 RCW. The secretary may use such funds, in addition to
appropriated funds, to provide institutional and community
corrections programs. The secretary may, in his or her discretion and in lieu of direct fiscal payment, offset the obligation
of any sending jurisdiction against any obligation the department may have to the sending jurisdiction. Outstanding obligations of the sending jurisdiction may be carried forward
across state fiscal periods by the department as a credit
against future obligations of the department to the sending
jurisdiction. [1989 c 177 § 6.]
72.76.900
72.76.900 Short title. This chapter shall be known and
may be cited as the Washington Intrastate Corrections Compact. [1989 c 177 § 1.]
Chapter 72.98
72.76.020
72.76.020 Costs and accounting of offender days. (1)
The costs per offender day to the sending jurisdiction for the
custody of offenders transferred according to the terms of this
agreement shall be at the rate set by the state of Washington,
office of financial management under RCW 70.48.440,
unless the parties agree to another rate in a particular transfer.
The costs may not include extraordinary medical costs, which
shall be billed separately. Except in the case of prisoner
exchanges, as described in subsection (2) of this section, the
sending jurisdiction shall be billed on a monthly basis by the
receiving jurisdiction. Payment shall be made within thirty
days of receipt of the invoice.
(2) When two parties to this agreement transfer offenders
to each other, there shall be an accounting of the number of
"offender days." If the number is exactly equal, no payment
is necessary for the affected period. The payment by the jurisdiction with the higher net number of offender days may be
reduced by the amount otherwise due for the number of
offender days its offenders were held by the receiving jurisdiction. Billing and reimbursement shall remain on the
monthly schedule, and shall be supported by the forms and
procedures provided by applicable regulations. The accounting of offender days exchanged may be reconciled on a
monthly basis, but shall be at least quarterly. [1989 c 177 §
4.]
Sections
72.98.010
72.98.020
72.98.030
72.98.040
72.98.050
72.98.060
72.76.030 Contracts authorized for implementation
of participation—Application of chapter. The secretary is
empowered to enter into contracts on behalf of this state on
the terms and conditions as may be appropriate to implement
the participation of the department in the Washington intrastate corrections compact under RCW 72.76.010(2). Nothing
in this chapter is intended to create any right or entitlement in
any offender transferred or housed under the authority
granted in this chapter. The failure of the department or the
county to comply with any provision of this chapter as to any
particular offender or transfer shall not invalidate the transfer
nor give rise to any right for such offender. [1989 c 177 § 5.]
[Title 72 RCW—page 96]
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Repeals and saving.
Bonding acts exempted.
Emergency—1959 c 28.
72.98.010
72.98.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter, and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. [1959 c 28 §
72.98.010.]
72.98.020
72.98.020 Title, chapter, section headings not part of
law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of
the law. [1959 c 28 § 72.98.020.]
72.98.030
72.98.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application to
any person or circumstance is held invalid, the remainder of
the title, or the application of the provision to other persons or
circumstances is not affected. [1959 c 28 § 72.98.030.]
72.98.040
72.76.030
Chapter 72.98 RCW
CONSTRUCTION
72.98.040 Repeals and saving.
72.98.040.
See 1959 c 28 §
72.98.050
72.98.050 Bonding acts exempted. This act shall not
repeal nor otherwise affect the provisions of the institutional
bonding acts (chapter 230, Laws of 1949 and chapters 298
and 299, Laws of 1957). [1959 c 28 § 72.98.050.]
72.98.060
72.98.060 Emergency—1959 c 28. This act is necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately,
(2004 Ed.)
State Building Construction Act
72.99.120
with the exception of RCW 72.01.280 the effective date of
which section is July 1, 1959. [1959 c 28 § 72.98.060.]
Chapter 72.99 RCW
STATE BUILDING CONSTRUCTION ACT
Chapter 72.99
Sections
72.99.100
72.99.120
Limited obligation bonds—Form, term, sale, payment, legal
investment, etc.
State building construction bond redemption fund—Purpose,
deposits—Priority as to sales tax revenue.
72.99.100 Limited obligation bonds—Form, term,
sale, payment, legal investment, etc.
72.99.100
Reviser's note: RCW 72.99.100 was amended by 1983 c 3 § 187 without reference to its repeal by 1983 c 189 § 4. It has been decodified for publication purposes pursuant to RCW 1.12.025.
72.99.120 State building construction bond redemption fund—Purpose, deposits—Priority as to sales tax
revenue.
72.99.120
Reviser's note: RCW 72.99.120 was amended by 1983 c 3 § 188 without reference to its repeal by 1983 c 189 § 4. It has been decodified for publication purposes pursuant to RCW 1.12.025.
(2004 Ed.)
[Title 72 RCW—page 97]
Title 73
Chapters
73.04
73.08
73.16
73.20
73.24
73.36
73.40
Title 73
VETERANS AND VETERANS' AFFAIRS
73.04.110
General provisions.
Veterans' relief.
Employment and reemployment.
Acknowledgments and powers of attorney.
Burial.
Uniform veterans' guardianship act.
Veterans' memorials.
Colony of the state soldiers' home: RCW 72.36.040.
Estates of absentees: Chapter 11.80 RCW.
Firemen's retirement, credit for military service: RCW 41.16.220,
41.18.150.
Liquor control board employment, veteran preference: RCW 66.08.016.
Mental illness, commitment: Chapter 71.05 RCW.
73.04.115
73.04.120
73.04.130
73.04.131
73.04.135
73.04.140
73.04.150
73.04.160
Free license plates for disabled veterans, prisoners of war—
Penalty.
Free license plates for surviving spouses of deceased prisoners
of war.
Certificate stating marital status available free.
Veteran estate management program—Director authority—
Criteria.
Veteran estate management program—Definitions.
Veteran estate management program—Claims against veteran's estate—Fees to support program.
Guardians—Department officers and employees prohibited.
Joint committee on veterans' and military affairs.
Veterans' history awareness month—Commemoration of contributions of veterans.
Department of veterans affairs: Chapter 43.60A RCW.
Veterans classified as resident students: RCW 28B.15.014.
Vietnam veterans' exemption from tuition and fee increases at institutions of
higher education: RCW 28B.15.620.
Militia and military affairs: Title 38 RCW.
Nuncupative wills: RCW 11.12.025.
Oaths, military personnel, who may administer: RCW 38.38.844.
Police retirement, credit for military service: RCW 41.20.050.
Professional, occupational licenses, moratorium: RCW 43.24.130.
Property taxation exemptions: RCW 84.36.030.
Public employment, veterans' scoring criteria status in examinations: RCW
41.04.010.
Public institutions of higher education, children of certain citizens missing in
action or prisoners of war exempt from tuition—Limitations—Procedure: RCW 28B.10.265.
Soldiers' and veterans' homes: Chapter 72.36 RCW.
State employees' retirement
credit for military service: RCW 41.40.170.
exception from membership: RCW 41.40.023(6).
State hospitals for insane, war veterans: RCW 73.36.165.
Statewide city employees' retirement, prior service credit: RCW
41.44.120(4).
Teachers' retirement, credit for military service: RCW 41.32.260.
Veterans' rehabilitation council: Chapter 43.61 RCW.
Wills
proof when witness in war service: RCW 11.20.040.
who may make: RCW 11.12.010.
Chapter 73.04
Chapter 73.04 RCW
GENERAL PROVISIONS
Sections
73.04.010
73.04.020
73.04.030
73.04.040
73.04.042
73.04.050
73.04.060
73.04.070
73.04.080
73.04.090
(2004 Ed.)
Pension papers—Fees not to be charged.
Pension papers—Fees not to be charged—Penalty.
Discharges recorded without charge—Exemption from public
disclosure—Fee.
Discharges recorded without charge—Certified copy as proof.
Honorable discharge recorded—Veterans of Spanish-American War and World War I.
Right to peddle, vend, sell goods without license—License fee
on business established under act of congress prohibited.
Right to peddle, vend, sell goods without license—Issuance of
license.
Meeting hall may be furnished veterans' organizations.
Meeting place rental may be paid out of county fund.
Benefits, preferences, exemptions, etc., limited to veterans
subject to full, continuous military control.
73.04.010 Pension papers—Fees not to be charged.
No judge, or clerk of court, county clerk, county auditor, or
any other county officer, shall be allowed to charge any honorably discharged soldier or seaman, or the spouse, orphan,
or legal representative thereof, any fee for administering any
oath, or giving any official certificate for the procuring of any
pension, bounty, or back pay, nor for administering any oath
or oaths and giving the certificate required upon any voucher
for collection of periodical dues from the pension agent, nor
any fee for services rendered in perfecting any voucher.
[1973 1st ex.s. c 154 § 106; 1891 c 14 § 1; RRS § 4232.]
73.04.010
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
73.04.020 Pension papers—Fees not to be charged—
Penalty. Any such officer who may require and accept fees
for such services shall be deemed guilty of a misdemeanor,
and on conviction thereof shall be fined in any sum not less
than ten dollars nor more than fifty dollars. [1891 c 14 § 2;
RRS § 4233.]
73.04.020
73.04.030 Discharges recorded without charge—
Exemption from public disclosure—Fee. Each county
auditor of the several counties of the state of Washington
shall record upon presentation without expense, in a suitable
permanent record the discharge of any veteran of the armed
forces of the United States who is residing in the state of
Washington.
The department of veterans affairs, in consultation with
the association of county auditors, shall develop and distribute to county auditors the form referred to in RCW
42.17.310(1)(aaa) entitled "request for exemption from public disclosure of discharge papers."
The county auditor may charge a basic recording fee and
preservation fee that together shall not exceed a total of seven
dollars for the recording of the "request for exemption from
public disclosure of discharge papers."
County auditors shall develop a form for requestors of
military discharge papers (form DD214) to verify that the
73.04.030
[Title 73 RCW—page 1]
73.04.040
Title 73 RCW: Veterans and Veterans' Affairs
requestor is authorized to receive or view the military discharge paper. [2002 c 224 § 3; 1989 c 50 § 1; 1943 c 38 § 1;
Rem. Supp. 1943 § 10758-10. FORMER PART OF SECTION: 1923 c 17 § 1 now codified as RCW 73.04.042.]
Working group on veterans' records: See note following RCW
42.17.310.
73.04.040
73.04.040 Discharges recorded without charge—
Certified copy as proof. A certified copy of such record
shall be prima facie proof for all purposes of the services rendered, citizenship, place and date of birth of such veteran.
[1943 c 38 § 2; Rem. Supp. 1943 § 10758-11.]
73.04.042
73.04.042 Honorable discharge recorded—Veterans
of Spanish-American War and World War I. It shall be
the duty of county auditors to record without charge, in a
book kept for that purpose, the certificate of discharge of any
honorably discharged soldier, sailor or marine who served
with the United States forces in the war with Germany and
her allies and veterans of the Spanish-American War. [1923
c 17 § 1; 1919 c 86 § 1; RRS § 4094-1. Formerly RCW
73.04.030, part.]
73.04.050
73.04.050 Right to peddle, vend, sell goods without
license—License fee on business established under act of
congress prohibited. Every honorably discharged soldier,
sailor or marine of the military or naval service of the United
States, who is a resident of this state, shall have the right to
peddle, hawk, vend and sell goods, other than his own manufacture and production, without paying for the license as now
provided by law, by those who engage in such business; but
any such soldier, sailor or marine may engage in such business by procuring a license for that purpose as provided in
RCW 73.04.060.
No county, city or political subdivision in this state shall
charge or collect any license fee on any business established
by any veteran under the provisions of Public Law 346 of the
78th congress. [1945 c 144 § 9; 1903 c 69 § 1; Rem. Supp.
1945 § 10755. Formerly RCW 73.04.050, part and 73.04.060.
FORMER PART OF SECTION: 1945 c 144 § 10 now codified as RCW 73.04.060.]
Reviser's note: 1945 c 144 §§ 9 and 10 amending 1903 c 69 §§ 1 and
2 were declared unconstitutional in Larsen v. City of Shelton, 37 Wn. (2d)
481.
Peddlers' and hawkers' licenses: Chapter 36.71 RCW.
73.04.060
73.04.060 Right to peddle, vend, sell goods without
license—Issuance of license. On presentation to the county
auditor or city clerk of the county in which any such soldier,
sailor or marine may reside, of a certificate of honorable discharge from the army or naval service of the United States,
such county auditor or city clerk, as the case may be, shall
issue without cost to such soldier, sailor or marine, a license
authorizing him to carry on the business of peddler, as provided in RCW 73.04.050. [1945 c 144 § 10; 1903 c 69 § 2;
Rem. Supp. 1945 § 10756. Formerly RCW 73.04.050, part.
FORMER PART OF SECTION: 1945 c 144 § 9, part now
codified in RCW 73.04.050.]
Reviser's note: 1945 c 144 § 10 amending 1903 c 69 § 2 declared
unconstitutional, see note following RCW 73.04.050.
[Title 73 RCW—page 2]
73.04.070 Meeting hall may be furnished veterans'
organizations. Counties, cities and other political subdivisions of the state of Washington are authorized to furnish free
of charge a building, office and/or meeting hall for the exclusive use of the several nationally recognized veterans' organizations and their auxiliaries, subject to the direction of the
committee or person in charge of such building, office and/or
meeting hall. The several nationally recognized veterans'
organizations shall have access at all times to said building,
office and/or meeting hall. Counties, cities and other political
subdivisions shall further have the right to furnish heat, light,
utilities, furniture and janitor service at no cost to the veterans' organizations and their auxiliaries. [1945 c 108 § 1;
Rem. Supp. 1945 § 10758-60.]
73.04.070
73.04.080 Meeting place rental may be paid out of
county fund. Any post, camp or chapter of any national
organization of veterans now, or which may hereafter be,
chartered by an act of congress which has qualified to accept
relief from the veteran's assistance fund of any county may
draw upon said county fund for the payment of the rent of its
regular meeting place: PROVIDED, That no post, camp or
chapter shall be allowed to draw on such fund for this purpose to exceed a reasonable amount approved by the county
legislative authority in any one year, or in any amount for hall
rental where said post, camp or chapter is furnished quarters
by the state or by any municipality.
Before such claims are ordered paid by the county legislative authority, the commander or authorized disbursing
officer of such posts, camps or chapters shall file a proper
claim each month with the county auditor for such rental.
[1985 c 181 § 1; 1947 c 180 § 7; 1945 c 144 § 8; 1921 c 41 §
8; 1915 c 69 § 1; 1909 c 64 § 1; Rem. Supp. 1947 § 10743.]
73.04.080
73.04.090 Benefits, preferences, exemptions, etc.,
limited to veterans subject to full, continuous military
control. All benefits, advantages or emoluments, not available upon equal terms to all citizens, including but not being
limited to preferred rights to public employment, civil service
preference, exemption from license fees or other impositions,
preference in purchasing state property, which by any law of
this state have been made specially available to war veterans
or to persons who have served in the armed forces or defense
forces of the United States, shall be available only to persons
who have been subject to full and continuous military control
and discipline as actual members of the federal armed forces
or to persons defined as "veterans" in RCW 41.04.007. Service with such forces in a civilian capacity, or in any capacity
wherein a person retained the right to terminate his or her service or to refuse full obedience to military superiors, shall not
be the basis for eligibility for such benefits. Service in any of
the following shall not for purposes of this section be considered as military service: The office of emergency services or
any component thereof; the American Red Cross; the United
States Coast Guard Auxiliary; United States Coast Guard
Reserve Temporary; United States Coast and Geodetic Survey; American Field Service; Civil Air Patrol; Cadet Nurse
Corps, and any other similar organization. [2002 c 292 § 6;
1991 c 240 § 3; 1974 ex.s. c 171 § 45; 1947 c 142 § 1; Rem.
Supp. 1947 § 10758-115.]
73.04.090
Emergency management: Chapter 38.52 RCW.
(2004 Ed.)
General Provisions
73.04.110
73.04.110 Free license plates for disabled veterans,
prisoners of war—Penalty. Any person who is a veteran as
defined in RCW 41.04.007 who submits to the department of
licensing satisfactory proof of a service-connected disability
rating from the veterans administration or the military service
from which the veteran was discharged and:
(1) Has lost the use of both hands or one foot;
(2) Was captured and incarcerated for more than twentynine days by an enemy of the United States during a period of
war with the United States;
(3) Has become blind in both eyes as the result of military service; or
(4) Is rated by the veterans administration or the military
service from which the veteran was discharged and is receiving service-connected compensation at the one hundred percent rate that is expected to exist for more than one year;
is entitled to regular or special license plates issued by the
department of licensing. The special license plates shall bear
distinguishing marks, letters, or numerals indicating that the
motor vehicle is owned by a disabled veteran or former prisoner of war. This license shall be issued annually for one personal use vehicle without payment of any license fees or
excise tax thereon. Whenever any person who has been
issued license plates under the provisions of this section
applies to the department for transfer of the plates to a subsequently acquired motor vehicle, a transfer fee of ten dollars
shall be charged in addition to all other appropriate fees. The
department may periodically verify the one hundred percent
rate as provided in subsection (4) of this section.
Any person who has been issued free motor vehicle
license plates under this section prior to July 1, 1983, shall
continue to be eligible for the annual free license plates.
For the purposes of this section, "blind" means the definition of "blind" used by the state of Washington in determining eligibility for financial assistance to the blind under Title
74 RCW.
Any unauthorized use of a special plate is a gross misdemeanor. [2004 c 223 § 6; 2004 c 125 § 1; 1987 c 98 § 2; 1983
c 230 § 2; 1982 c 115 § 1; 1980 c 88 § 2; 1979 c 158 § 221;
1972 ex.s. c 60 § 1; 1971 ex.s. c 193 § 1; 1951 c 206 § 1; 1949
c 178 § 1; Rem. Supp. 1949 § 6360-50-1.]
Reviser's note: This section was amended by 2004 c 125 § 1 and by
2004 c 223 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1983 c 230: See note following RCW 41.04.005.
Disabled parking versions of special plates: RCW 46.16.385.
73.04.115
73.04.115 Free license plates for surviving spouses of
deceased prisoners of war. The department shall issue to
the surviving spouse of any deceased former prisoner of war
described in RCW 73.04.110(2), one set of regular or special
license plates for use on a personal passenger vehicle registered to that person.
The plates shall be issued without the payment of any
license fees or excise tax on the vehicle. Whenever any person who has been issued license plates under this section
applies to the department for transfer of the plates to a subsequently acquired motor vehicle, a transfer fee of five dollars
shall be charged in addition to all other appropriate fees. If
the surviving spouse remarries, he or she shall return the spe(2004 Ed.)
73.04.131
cial plates to the department within fifteen days and apply for
regular license plates. [1990 c 250 § 91; 1987 c 98 § 1.]
Severability—1990 c 250: See note following RCW 46.16.301.
Disabled parking versions of special plates: RCW 46.16.385.
73.04.120
73.04.120 Certificate stating marital status available
free. County clerks and county auditors, respectively, are
authorized and directed to furnish free of charge to the legal
representative, surviving spouse, child or parent of any
deceased veteran certified copies of marriage certificates,
decrees of divorce or annulment, or other documents contained in their files and to record and issue, free of charge,
certified copies of such documents from other states, territories, or foreign countries affecting the marital status of such
veteran whenever any such document shall be required in
connection with any claim pending before the United States
veterans' bureau or other governmental agency administering
benefits to war veterans. Where these same documents are
required of service personnel of the armed forces of the
United States for determining entitlement to family allowances and other benefits, they shall be provided without
charge by county clerks and county auditors upon request of
the person in the service or his dependents. [1985 c 44 § 19;
1984 c 84 § 1; 1967 c 89 § 1; 1949 c 16 § 1; Rem. Supp. 1949
§ 10758-13b.]
73.04.130
73.04.130 Veteran estate management program—
Director authority—Criteria. The director is authorized to
implement a veteran estate management program and manage the estate of any incapacitated veteran or incapacitated
veteran's dependent who:
(1) Is a bona fide resident of the state of Washington; and
(2) The United States department of veterans affairs or
the social security administration has determined that the
payment of benefits or entitlements is dependent upon the
appointment of a federal fiduciary or representative payee;
and
(3) Requires the services of a fiduciary and a responsible
family member is not available; or
(4) Is deceased and has not designated an executor to dispose of the estate.
The director or any other interested person may petition
the appropriate authority for the appointment as fiduciary for
an incapacitated veteran or as the executor of the deceased
veteran's estate. If appointed, the director may serve without
bond. This section shall not affect the prior right to act as
administrator of a veteran's estate of such persons as are
denominated in RCW 11.28.120 (1) and (2), nor shall this
section affect the appointment of executor made in the last
will of any veteran. [1994 c 147 § 2; 1979 c 64 § 1; 1977 c
31 § 3; 1974 ex.s. c 63 § 1; 1972 ex.s. c 4 § 1.]
73.04.131
73.04.131 Veteran estate management program—
Definitions. Unless the context clearly requires otherwise,
the definitions in this section apply throughout this title.
(1) "Director" means the director of the department of
veterans affairs or the director's designee.
(2) "Veteran estate management program" means the
program under which the director serves as administrator or
federal fiduciary of an incapacitated veteran's estate or inca[Title 73 RCW—page 3]
73.04.135
Title 73 RCW: Veterans and Veterans' Affairs
pacitated veteran's dependent's estate, or the executor of a
deceased veteran's estate. [1994 c 147 § 1.]
73.04.135
73.04.135 Veteran estate management program—
Claims against veteran's estate—Fees to support program. (1) The director may place a claim against the estate
of an incapacitated or deceased veteran who is a veteran
estate management program client. The claim shall not
exceed the amount allowed by rule of the United States
department of veterans affairs and charges for reasonable
expenses incurred in the execution or administration of the
estate. The director shall waive all or any portion of the claim
if the payment or a portion thereof would pose a hardship to
the veteran.
(2) Any fees collected shall be deposited in the state general fund—local and shall be available for the cost of managing and supporting the veteran estate management program.
All expenditures and revenue control shall be subject to chapter 43.88 RCW. [1994 c 147 § 3.]
73.04.140
73.04.140 Guardians—Department officers and
employees prohibited. The director or any other department
of veterans affairs employee shall not serve as guardian for
any resident at the Washington state veterans' homes. [1994
c 147 § 5.]
73.04.150
73.04.150 Joint committee on veterans' and military
affairs. (Expires December 31, 2005.) (1) There is hereby
created a joint committee on veterans' and military affairs.
The committee shall consist of: (a) Eight members of the
senate appointed by the president of the senate, four of whom
shall be members of the majority party and four of whom
shall be members of the minority party; and (b) eight members of the house of representatives appointed by the speaker,
four of whom shall be members of the majority party and four
of whom shall be members of the minority party. Members of
the committee shall be appointed before the close of the 2001
legislative session, and before the close of each regular session during an odd-numbered year thereafter.
(2) Each member's term of office shall run from the close
of the session in which he or she was appointed until the close
of the next regular session held in an odd-numbered year. If a
successor is not appointed during a session, the member's
term shall continue until the member is reappointed or a successor is appointed. The term of office for a committee member who does not continue as a member of the senate or house
of representatives shall cease upon the convening of the next
session of the legislature during an odd-numbered year after
the member's appointment, or upon the member's resignation,
whichever is earlier. Vacancies on the committee shall be
filled by appointment in the same manner as described in subsection (1) of this section. All such vacancies shall be filled
from the same political party and from the same house as the
member whose seat was vacated.
(3) The committee shall establish an executive committee of four members representing the majority and minority
caucuses of each house. The executive committee is responsible for performing all general administrative and personnel
duties assigned to it in the rules and procedures adopted by
[Title 73 RCW—page 4]
the joint committee, as well as other duties delegated to it by
the joint committee.
(4) The joint committee on veterans' and military affairs
has the following powers and duties:
(a) To study veterans' issues, active military forces
issues, and national guard and reserve component issues, and
make recommendations to the legislature; and
(b) To study structure and administration of the department of veterans affairs and the military department, and
make recommendations to the legislature.
(5) The joint committee shall adopt rules and procedures
for its orderly operation. The joint committee may create subcommittees to perform duties under this section.
(6) This section expires December 31, 2005. [2001 c
268 § 1.]
73.04.160
73.04.160 Veterans' history awareness month—
Commemoration of contributions of veterans. The legislature declares that:
(1) November of each year will be known as veterans'
history awareness month;
(2) The week in November in which veterans' day occurs
is designated as a time for people of this state to celebrate the
contributions to the state by veterans; and
(3) Educational institutions, public entities, and private
organizations are encouraged to designate time for appropriate activities in commemoration of the contributions of
America's veterans. [2003 c 161 § 1.]
Chapter 73.08
Chapter 73.08 RCW
VETERANS' RELIEF
Sections
73.08.010
73.08.030
73.08.040
73.08.050
73.08.060
73.08.070
73.08.080
County aid to indigent veterans and families—Procedure.
Procedure where no veterans' organization in precinct.
Notice of intention to furnish relief—Annual statement.
Performance bond may be required.
Restrictions on sending veterans or families to almshouses,
etc.
County burial of indigent deceased veterans.
Tax levy authorized.
Soldiers' and veterans' homes: Chapter 72.36 RCW.
Soldiers' home: State Constitution Art. 10 § 3.
73.08.010
73.08.010 County aid to indigent veterans and families—Procedure. For the relief of indigent and suffering veterans as defined in RCW 41.04.007 and their families or the
families of those deceased, who need assistance in any city,
town or precinct in this state, the legislative authority of the
county in which the city, town or precinct is situated shall
provide such sum or sums of money as may be necessary, to
be drawn upon by the commander and quartermaster, or commander and adjutant or commander and service officer of any
post, camp or chapter of any national organization of veterans
now, or which may hereafter be, chartered by an act of congress in the city or town upon recommendation of the relief
committee of said post, camp or chapter: PROVIDED, Said
veteran or the families of those deceased are and have been
residents of the state for at least twelve months, and the
orders of said commander and quartermaster, or commander
and adjutant or commander and service officer shall be the
proper voucher for the expenditure of said sum or sums of
(2004 Ed.)
Veterans' Relief
money. [2002 c 292 § 7; 1983 c 295 § 1; 1947 c 180 § 1;
1945 c 144 § 1; 1921 c 41 § 1; 1919 c 83 § 1; 1907 c 64 § 1;
1893 c 37 § 1; 1888 p 208 § 1; Rem. Supp. 1947 § 10737. Cf.
1935 c 38 § 1.]
Soldiers' home and colony: Chapter 72.36 RCW.
Veterans' rehabilitation council: Chapter 43.61 RCW.
73.08.030
73.08.030 Procedure where no veterans' organization in precinct. If there be no post, camp or chapter of any
national organization of veterans now, or which may hereafter be, chartered by an act of congress, in any precinct in
which it should be granted, the legislative authority of the
county in which said precinct is, may accept and pay the
orders drawn, as hereinbefore provided by the commander
and quartermaster, or commander and adjutant or commander and service officer, of any post, camp or chapter of
any national organization of veterans now, or which may
hereafter be, chartered by an act of congress, located in the
nearest city or town, upon the recommendation of a relief
committee who shall be residents of the said precinct in
which the relief may be furnished. [1983 c 295 § 2; 1947 c
180 § 2; 1945 c 144 § 2; 1921 c 41 § 2; 1907 c 64 § 2; 1888 p
208 § 2; Rem. Supp. 1947 § 10738.]
73.08.040
73.08.040 Notice of intention to furnish relief—
Annual statement. *Upon the passage of this act the commander of any post, camp or chapter of any national organization of veterans now, or which may hereafter be, chartered
by an act of congress which shall undertake the relief of indigent veterans and their families, as hereinbefore provided,
before the acts of said commander and quartermaster, or
commander and adjutant may become operative in any city or
precinct, shall file with the county auditor of such county,
notice that said post, camp or chapter intends to undertake
such relief as is provided by this chapter. Such notice shall
contain the names of the relief committee of said post, camp
or chapter in such city or precinct, and the commander of said
post, camp or chapter shall annually thereafter during the
month of October file a similar notice with said auditor, and
also a detailed statement of the amount of relief furnished
during the preceding year, with the names of all persons to
whom such relief shall have been furnished, together with a
brief statement in each case from the relief committee upon
whose recommendations the orders were drawn. [1947 c 180
§ 3; 1945 c 144 § 3; 1921 c 41 § 3; 1907 c 64 § 3; 1888 p 209
§ 3; Rem. Supp. 1947 § 10739.]
*Reviser's note: The language "Upon the passage of this act" first
appears in 1888 p 209 § 3.
73.08.050
73.08.050 Performance bond may be required. The
county legislative authority may require of the commander
and quartermaster, or commander and adjutant or commander and service officer, of any post, camp or chapter of
any national organization of veterans now, or which may
hereafter be, chartered by an act of congress undertaking to
distribute relief under this chapter a bond with sufficient and
satisfactory sureties for the faithful and honest discharge of
their duties under this chapter. [1983 c 295 § 3; 1947 c 180 §
4; 1945 c 144 § 4; 1921 c 41 § 4; 1907 c 64 § 4; 1888 p 209 §
4; Rem. Supp. 1947 § 10740.]
(2004 Ed.)
73.08.080
73.08.060 Restrictions on sending veterans or families to almshouses, etc. County legislative authorities are
hereby prohibited from sending indigent or disabled veterans
as defined in RCW 41.04.007 or their families or the families
of the deceased to any almshouse (or orphan asylum) without
the concurrence and consent of the commander and relief
committee of the post, camp or chapter of any national organization of veterans now, or which may hereafter be, chartered by an act of congress as provided in RCW 73.08.010
and 73.08.030. Indigent veterans shall, whenever practicable,
be provided for and relieved at their homes in such city, town
or precinct in which they shall have a residence, in the manner provided in RCW 73.08.010 and 73.08.030. Indigent or
disabled veterans as defined in RCW 41.04.007, who are not
insane and have no families or friends with whom they may
be domiciled, may be sent to any soldiers' home. [2002 c 292
§ 8; 1983 c 295 § 4; 1947 c 180 § 5; 1945 c 144 § 5; 1919 c
83 § 5; 1907 c 64 § 5; 1888 p 209 § 5; Rem. Supp. 1947 §
10741.]
73.08.060
73.08.070 County burial of indigent deceased veterans. It shall be the duty of the legislative authority in each of
the counties in this state to designate some proper authority
other than the one designated by law for the care of paupers
and the custody of criminals who shall cause to be interred at
the expense of the county the body of any honorably discharged veterans as defined in RCW 41.04.007 and the
wives, husbands, minor children, widows or widowers of
such veterans, who shall hereafter die without leaving means
sufficient to defray funeral expenses; and when requested so
to do by the commanding officer of any post, camp or chapter
of any national organization of veterans now, or which may
hereafter be, chartered by an act of congress or the relief committee of any such posts, camps or chapters: PROVIDED,
HOWEVER, That such interment shall not cost more than the
limit established by the county legislative authority nor less
than three hundred dollars. If the deceased has relatives or
friends who desire to conduct the burial of such deceased person, then upon request of said commander or relief committee a sum not to exceed the limit established by the county
legislative authority nor less than three hundred dollars shall
be paid to said relatives or friends by the county treasurer,
upon due proof of the death and burial of any person provided
for by this section and proof of expenses incurred. [2002 c
292 § 9; 1997 c 286 § 1; 1983 c 295 § 5; 1949 c 15 § 1; 1947
c 180 § 6; 1945 c 144 § 6; 1921 c 41 § 6; 1919 c 83 § 6; 1917
c 42 § 1; 1907 c 64 § 6; 1899 c 99 § 1; 1888 p 209 § 6; Rem.
Supp. 1949 § 10757. Formerly RCW 73.24.010.]
73.08.070
Counties, disposal of remains of indigent persons: RCW 36.39.030.
73.08.080 Tax levy authorized. The legislative authorities of the several counties in this state shall levy, in addition
to the taxes now levied by law, a tax in a sum equal to the
amount which would be raised by not less than one and oneeighth cents per thousand dollars of assessed value, and not
greater than twenty-seven cents per thousand dollars of
assessed value against the taxable property of their respective
counties, to be levied and collected as now prescribed by law
for the assessment and collection of taxes, for the purpose of
creating the veteran's assistance fund for the relief of honorably discharged veterans as defined in RCW 41.04.005 and
73.08.080
[Title 73 RCW—page 5]
Chapter 73.16
Title 73 RCW: Veterans and Veterans' Affairs
the indigent wives, husbands, widows, widowers and minor
children of such indigent or deceased veterans, to be disbursed for such relief by such county legislative authority:
PROVIDED, That if the funds on deposit, less outstanding
warrants, residing in the veteran's assistance fund on the first
Tuesday in September exceed the expected yield of one and
one-eighth cents per thousand dollars of assessed value
against the taxable property of the county, the county legislative authority may levy a lesser amount: PROVIDED FURTHER, That the costs incurred in the administration of said
veteran's assistance fund shall be computed by the county
treasurer not less than annually and such amount may then be
transferred from the veteran's assistance fund as herein provided for to the county current expense fund.
The amount of a levy allocated to the purposes specified
in this section may be reduced in the same proportion as the
regular property tax levy of the county is reduced by chapter
84.55 RCW. [1985 c 181 § 2; 1983 c 295 § 6; 1980 c 155 §
6; 1973 2nd ex.s. c 4 § 5; 1973 1st ex.s. c 195 § 86; 1970 ex.s.
c 47 § 9; 1969 c 57 § 1; 1945 c 144 § 7; 1921 c 41 § 7; 1919
c 83 § 7; 1907 c 64 § 7; 1893 c 37 § 2; 1888 p 210 § 7; Rem.
Supp. 1945 § 10742. Formerly RCW 73.08.020.]
Effective date—Applicability—1980 c 155: See note following RCW
84.40.030.
Emergency—Effective dates—1973 2nd ex.s. c 4: See notes following RCW 84.52.043.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Chapter 73.16 RCW
EMPLOYMENT AND REEMPLOYMENT
Chapter 73.16
Sections
73.16.005
73.16.010
73.16.015
73.16.020
73.16.031
73.16.032
73.16.033
73.16.035
73.16.041
73.16.051
73.16.053
73.16.055
73.16.061
73.16.070
73.16.080
73.16.090
73.16.100
Intent—Purpose.
Preference in public employment.
Enforcement of preference—Civil action.
Failure to comply—Infraction.
Definitions.
Employment rights—Prohibited actions.
Reemployment of returned veterans.
Eligibility requirements—Exceptions—Burden of proof.
Leaves of absence of elective and judicial officers.
Restoration without loss of seniority or benefits.
Continuation of health plan coverage during absence—Reinstatement of health plan coverage upon reemployment.
Determination of pension benefits and liabilities for reemployed persons.
Enforcement of provisions.
Federal act to apply in state courts.
Bona fide executive, administrative, and professional employees—Offset of military pay.
Application of chapter—Other rights and benefits preserved.
Legislative declaration—Other civil actions abolished.
73.16.005
73.16.005 Intent—Purpose. (1) It is the intent of the
legislature to guarantee employment rights of members of the
reserve and national guard forces who are called to active
duty. The federal uniformed services employment and reemployment rights act of 1994 protects all such federal personnel. The legislature intends that similar provisions should
apply to all such state personnel. Therefore, the legislature
intends for chapter 133, Laws of 2001 to ensure protections
for state-activated personnel similar to those provided by federal law for federal-activated personnel.
(2) The purposes of this chapter are to:
[Title 73 RCW—page 6]
(a) Encourage noncareer service in the uniformed services by eliminating or minimizing the disadvantages to
civilian careers and employment that can result from such
service;
(b) Minimize the disruption to the lives of persons performing service in the uniformed services as well as to their
employers, their fellow employees, and their communities,
by providing for the prompt reemployment of such persons
upon their completion of such service; and
(c) Prohibit discrimination against persons because of
their service in the uniformed services.
(3) Therefore, the legislature intends that the governmental agencies of the state of Washington, and all the political subdivisions thereof, should be model employers in carrying out the provisions of this chapter. [2001 c 133 § 1.]
Effective date—2001 c 133: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 2, 2001]." [2001 c 133 § 15.]
73.16.010 Preference in public employment. In every
public department, and upon all public works of the state, and
of any county thereof, honorably discharged soldiers, sailors,
and marines who are veterans of any war of the United States,
or of any military campaign for which a campaign ribbon
shall have been awarded, and their widows or widowers,
shall be preferred for appointment and employment. Age,
loss of limb, or other physical impairment, which does not in
fact incapacitate, shall not be deemed to disqualify them, provided they possess the capacity necessary to discharge the
duties of the position involved: PROVIDED, That spouses of
honorably discharged veterans who have a service connected
permanent and total disability shall also be preferred for
appointment and employment. [1975 1st ex.s. c 198 § 1;
1973 1st ex.s. c 154 § 107; 1951 c 29 § 1; 1943 c 141 § 1;
1919 c 26 § 1; 1915 c 129 § 1; 1895 c 84 § 1; Rem. Supp.
1943 § 10753.]
73.16.010
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Veterans to receive scoring criteria status in competitive examinations for
public employment: RCW 41.04.010.
73.16.015 Enforcement of preference—Civil action.
Any veteran entitled to the benefits of RCW 73.16.010 may
enforce his or her rights hereunder by civil action in superior
court. [2001 c 133 § 2; 1951 c 29 § 2.]
73.16.015
Effective date—2001 c 133: See note following RCW 73.16.005.
73.16.020 Failure to comply—Infraction. All officials or other persons having power to appoint to or employment in the public service set forth in RCW 73.16.010, are
charged with a faithful compliance with its terms, both in letter and in spirit, and a failure therein shall be a class 1 civil
infraction. [1987 c 456 § 30; 1895 c 84 § 2; RRS § 10754.]
73.16.020
Legislative finding—1987 c 456: See RCW 7.80.005.
Effective date—1987 c 456 §§ 9 through 31: See RCW 7.80.901.
73.16.031
73.16.031 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Attorney general" means the attorney general of the
state of Washington or any person designated by the attorney
(2004 Ed.)
Employment and Reemployment
general to carry out a responsibility of the attorney general
under this chapter.
(2) "Benefit," "benefit of employment," or "rights and
benefits" means any advantage, profit, privilege, gain, status,
account, or interest (other than wages or salary for work performed) that accrues by reason of an employment contract or
agreement or an employer policy, plan, or practice and
includes rights and benefits under a pension plan, a health
plan, an employee stock ownership plan, insurance coverage
and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select
work hours or location of employment.
(3) "Employee" means a person in a position of employment.
(4) "Employer" means the person, firm, or corporation,
the state, or any elected or appointed public official currently
having control over the position that has been vacated.
(5) "Health plan" means an insurance policy or contract,
medical or hospital service agreement, membership or subscription contract, or other arrangement under which health
services for individuals are provided or the expenses of such
services are paid.
(6) "Notice" means any written or verbal notification of
an obligation or intention to perform service in the uniformed
services provided to an employer by the employee who will
perform such service or by the uniformed service in which
such service is to be performed.
(7) "Position of employment" means any position (other
than temporary) wherein a person is engaged for a private
employer, company, corporation, or the state.
(8) "Qualified," with respect to an employment position,
means having the ability to perform the essential tasks of the
position.
(9) "Rejectee" means a person rejected because he or she
is not, physically or otherwise, qualified to enter the uniformed service.
(10) "Resident" means any person residing in the state
with the intent to remain other than on a temporary or transient basis.
(11) "Seniority" means longevity in employment
together with any benefits of employment which accrue with,
or are determined by, longevity in employment.
(12) "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active
duty, active duty for training, initial active duty for training,
inactive duty training, full-time national guard duty (including state-ordered active duty), and a period for which a person is absent from a position of employment for the purpose
of an examination to determine the fitness of the person to
perform any such duty.
(13) "State" means the state of Washington, including
the agencies and political subdivisions thereof.
(14) "Temporary position" means a position of short
duration which, after being vacated, ceases to exist and
wherein the employee has been advised as to its temporary
nature prior to his or her engagement.
(15) "Undue hardship," in the case of actions taken by an
employer, means actions requiring significant difficulty or
expense when considered in light of:
(2004 Ed.)
73.16.032
(a) The nature and cost of the action needed under this
chapter;
(b) The overall financial resources of the facility or facilities involved in the provision of the action; the number of
persons employed at such facility; the effect on expenses and
resources; or the impact otherwise of such action upon the
operation of the facility; and
(c) The type of operation or operations of the employer,
including the composition, structure, and functions of the
work force of such employer, the geographic separateness,
administrative, or fiscal relationship of the facility or facilities in question to the employer.
(16) "Uniformed services" means the armed forces, the
army national guard, and the air national guard of any state,
territory, commonwealth, possession, or district when
engaged in active duty for training, inactive duty training,
full-time national guard duty, or state active duty, the commissioned corps of the public health service, the coast guard,
and any other category of persons designated by the president
of the United States in time of war or national emergency.
[2001 c 133 § 3; 1953 c 212 § 1.]
Effective date—2001 c 133: See note following RCW 73.16.005.
Employment and reemployment rights of members of organized militia upon
return from militia duty: RCW 38.24.060.
73.16.032
73.16.032 Employment rights—Prohibited actions.
(1) A person who is a member of, applies to be a member of,
performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be
denied initial employment, retention in employment, promotion, or any benefit of employment by an employer on the
basis of that membership, application for membership, performance of service, application for service, or obligation.
(2) An employer may not discriminate in employment
against or take any adverse employment action against any
person because such person (a) has taken an action to enforce
a protection afforded any person under this chapter, (b) has
testified or otherwise made a statement in or in connection
with any proceeding under this chapter, (c) has assisted or
otherwise participated in an investigation under this chapter,
or (d) has exercised a right provided for in this chapter. The
prohibition in this subsection (2) applies with respect to a person regardless of whether that person has performed service
in the uniformed services.
(3) An employer shall be considered to have engaged in
actions prohibited:
(a) Under subsection (1) of this section, if the person's
membership, application for membership, service, application for service, or obligation for service in the uniformed
services is a motivating factor in the employer's action, unless
the employer can prove that the action would have been taken
in the absence of such membership, application for membership, service, application for service, or obligation for service; or
(b) Under subsection (2) of this section if the person's (i)
action to enforce a protection afforded any person under this
chapter, (ii) testimony or making of a statement in or in connection with any proceeding under this chapter, (iii) assistance or other participation in an investigation under this
chapter, or (iv) exercise of a right provided for in this chapter,
is a motivating factor in the employer's action, unless the
[Title 73 RCW—page 7]
73.16.033
Title 73 RCW: Veterans and Veterans' Affairs
employer can prove that the action would have been taken in
the absence of such person's enforcement action, testimony,
statement, assistance, participation, or exercise of a right.
[2001 c 133 § 4.]
Effective date—2001 c 133: See note following RCW 73.16.005.
73.16.033
73.16.033 Reemployment of returned veterans. Any
person who is a resident of this state or is employed within
this state, and who voluntarily or upon order from competent
authority, vacates a position of employment for service in the
uniformed services, shall, provided he or she meets the
requirements of RCW 73.16.035, be reemployed forthwith:
PROVIDED, That the employer need not reemploy such person if circumstances have so changed such that reemployment would be impossible or unreasonable due to a change in
the employer's circumstances, or would impose an undue
hardship on the employer: PROVIDED FURTHER, That
this section shall not apply to a temporary position.
If such person is still qualified to perform the duties of
his or her former position, he or she shall be restored to that
position or to a position of like seniority, status and pay. If he
or she is not so qualified as a result of disability sustained
during his or her service in the uniformed services, but is nevertheless qualified to perform the duties of another position,
under the control of the same employer, he or she shall be
reemployed in such other position: PROVIDED, That such
position shall provide him or her with like seniority, status,
and pay, or the nearest approximation thereto consistent with
the circumstances of the case. [2001 c 133 § 5; 1953 c 212 §
2.]
Effective date—2001 c 133: See note following RCW 73.16.005.
73.16.035
73.16.035 Eligibility requirements—Exceptions—
Burden of proof. (1) In order to be eligible for the benefits
of this chapter, an applicant must comply with the following
requirements:
(a) The applicant must notify his or her employer as to
his or her membership in the uniformed services within a reasonable time of accepting employment or becoming a member of the uniformed services. An employer may not take any
action prohibited in RCW 73.16.032 against a person because
the person provided notice of membership in the uniformed
services to the employer.
(b) The applicant must furnish a receipt of an honorable,
or under honorable conditions discharge, report of separation,
certificate of satisfactory service, or other proof of having
satisfactorily completed his or her service. Rejectees must
furnish proof of orders for examination and rejection.
(c) The applicant must make written application to the
employer or his or her representative as follows:
(i) In the case of an applicant whose period of service in
the uniformed services was less than thirty-one days, by
reporting to the employer:
(A) Not later than the beginning of the first full regularly
scheduled work period on the first full calendar day following the completion of the period of service and the expiration
of eight hours after a period allowing for the safe transportation of the applicant from the place of that service to the
applicant's residence; or
[Title 73 RCW—page 8]
(B) As soon as possible after the expiration of the
eight-hour period in (c)(i)(A) of this subsection, if reporting
within that period is impossible or unreasonable through no
fault of the applicant;
(ii) In the case of an applicant who is absent from a position of employment for a period of any length for the purposes of an examination to determine the applicant's fitness
to perform service in the uniformed services, by reporting in
the manner and time referred to in (c)(i) of this subsection;
(iii) In the case of an applicant whose period of service in
the uniformed services was for more than thirty days but less
than one hundred eighty-one days, by submitting an application for reemployment with the employer not later than fourteen days after the completion of the period of service or if
submitting such application within such period is impossible
or unreasonable through no fault of the applicant, the next
first full calendar day when submission of such application
becomes possible;
(iv) In the case of an applicant whose period of service in
the uniformed services was for more than one hundred eighty
days, by submitting an application for reemployment with the
employer not later than ninety days after the completion of
the period of service;
(v) In the case of an applicant who is hospitalized for, or
convalescing from, an illness or injury incurred or aggravated
during the performance of service in the uniformed services,
at the end of the period that is necessary for the applicant to
recover from such illness or injury, the applicant shall submit
an application for reemployment with such employer. The
period of recovery may not exceed two years. This two-year
period shall be extended by the minimum time required to
accommodate the circumstances beyond the applicant's control that make reporting within the two-year period impossible or unreasonable;
(vi) In the case of an applicant who fails to report or
apply for employment or reemployment within the appropriate period specified in this subsection (1)(c), the applicant
does not automatically forfeit his or her entitlement to the
rights and benefits conferred by this chapter, but is subject to
the conduct rules, established policy, and general practices of
the employer pertaining to explanations and discipline with
respect to absence from scheduled work.
(d) An applicant who submits an application for reemployment shall provide to the applicant's employer, upon the
request of that employer, documentation to establish that:
(i) The application is timely;
(ii) The applicant has not exceeded the service limitations set forth in this section, except as permitted under (c)(v)
of this subsection; and
(iii) The applicant's entitlement to the benefits under this
chapter has not been terminated pursuant to (e) of this subsection.
(e) The applicant must return and reenter the office or
position within the appropriate period specified in (c) of this
subsection after serving four years or less in the uniformed
services other than state-ordered active duty: PROVIDED,
That any period of additional service imposed by law, from
which one is unable to obtain orders relieving him or her
from active duty, will not affect reemployment rights.
(f) The applicant must return and reenter the office or
position within the appropriate period specified in (c) of this
(2004 Ed.)
Employment and Reemployment
subsection after serving twelve weeks or less in a calendar
year in state-ordered active duty: PROVIDED, That the governor, when declaring an emergency that necessitates a
longer period of service, may extend the period of service in
state-ordered active duty to up to twelve months after which
the applicant is eligible for the benefits of this chapter.
(2) The failure of an applicant to provide documentation
that satisfies rules adopted pursuant to subsection (1)(c) of
this section shall not be a basis for denying reemployment in
accordance with the provisions of this chapter if the failure
occurs because such documentation does not exist or is not
readily available at the time of the request of the employer. If,
after such reemployment, documentation becomes available
that establishes that the applicant does not meet one or more
of the requirements referred to in subsection (1)(d) of this
section, that applicant's employer may terminate the employment of the person and the provision of any rights or benefits
afforded the person under this chapter.
(3) An employer may not delay or attempt to defeat a
reemployment obligation by demanding documentation that
does not then exist or is not then readily available.
(4) The application in subsection (1) of this section is not
required if the giving of such application is precluded by military necessity or, under all of the relevant circumstances, the
giving of such notice is otherwise impossible or unreasonable. A determination of military necessity for the purposes
of this subsection shall be made by the adjutant general of the
state of Washington military department and is not subject to
judicial review.
(5) In any proceeding involving an issue of whether (a)
reemployment is impossible or unreasonable because of a
change in an employer's circumstances, (b) reemployment
would impose an undue hardship on the employer, or (c) the
employment is for a temporary position, the employer has the
burden of proving the impossibility or unreasonableness,
undue hardship, or the brief or nonrecurrent nature of the
employment without a reasonable expectation of continuing
indefinitely or for a significant period. [2001 c 133 § 6; 1969
c 16 § 1; 1953 c 212 § 3.]
Effective date—2001 c 133: See note following RCW 73.16.005.
73.16.041
73.16.041 Leaves of absence of elective and judicial
officers. When any elective officer of this state or any political subdivision thereof, including any judicial officer, shall
enter upon active service or training as provided in RCW
73.16.031, 73.16.033 and 73.16.035, the proper officer,
board or other agency, which would ordinarily be authorized
to grant leave of absence or fill a vacancy created by the death
or resignation of the elective official so ordered to such service, shall grant an extended leave of absence to cover the
period of such active service or training and may appoint a
temporary successor to the position so vacated. No leave of
absence provided for herein shall operate to extend the term
for which the occupant of any elective position shall have
been elected. [1953 c 212 § 4.]
73.16.051
73.16.051 Restoration without loss of seniority or
benefits. Any person who is entitled to be restored to a position in accordance with this chapter shall be considered as
having been on furlough or leave of absence, from his or her
(2004 Ed.)
73.16.055
position of employment, during his or her period of active
military duty or service, and he or she shall be so restored
without loss of seniority. He or she shall further be entitled to
participate in insurance, vacations, retirement pay, and other
benefits offered by the employer pursuant to established rules
and practices relating to employees on furlough or leave of
absence in effect with the employer at the time such person
was ordered into the service; and he or she shall not be discharged from such position without cause within one year
after restoration. [2001 c 133 § 7; 1953 c 212 § 5.]
Effective date—2001 c 133: See note following RCW 73.16.005.
73.16.053
73.16.053 Continuation of health plan coverage during absence—Reinstatement of health plan coverage
upon reemployment. (1) If a person, or the person's dependents, have coverage under a health plan in connection with
the person's position of state employment, and the person is
absent from his or her position of state employment by reason
of service in the uniformed services, the plan shall provide
that the person may elect to continue the coverage as provided in this section. The maximum period of coverage of a
person and person's dependents under such an election shall
be the lesser of:
(a) The eighteen-month period beginning on the date on
which the person's absence begins; or
(b) The day after the date on which the person fails to
apply for or return to a position of state employment, as determined under RCW 73.16.035.
(2) A person who elects to continue health plan coverage
under this section may be required to pay not more than one
hundred two percent of the full premium under the plan associated with the coverage for the state employer's other
employees, except that in the case of a person who performs
service in the uniformed services for less than thirty-one
days, the person may not be required to pay more than the
employee share, if any, for the coverage.
(3) Except as provided in subsection (2) of this section, if
a person's coverage under a health plan was terminated
because of service in the uniformed services, an exclusion or
waiting period may not be imposed in connection with the
reinstatement of the coverage upon reemployment under this
chapter if an exclusion or waiting period would not have been
imposed under a health plan had coverage of the person by
the plan not been terminated as a result of his or her service.
This subsection applies to the person who is reemployed and
to any dependent who is covered by the plan because of the
reinstatement of the coverage of the person. [2001 c 133 § 8.]
Effective date—2001 c 133: See note following RCW 73.16.005.
73.16.055
73.16.055 Determination of pension benefits and liabilities for reemployed persons. (1)(a) In the case of a right
provided under any state law governing pension benefits for
state employees, the right to pension benefits of a person
reemployed under this chapter shall be determined under this
section.
(b) A person reemployed under this chapter shall be
treated as not having incurred a break in service with the state
because of the person's period of service in the uniformed services.
[Title 73 RCW—page 9]
73.16.061
Title 73 RCW: Veterans and Veterans' Affairs
(c) Each period served by a person in the uniformed services shall, upon reemployment under this chapter, be
deemed to constitute service with the state for the purpose of
determining the nonforfeitability of the person's accrued benefits and for the purpose of determining the accrual of benefits under the plan.
(2) When the state is reemploying a person under this
chapter, the state is liable to an employee pension benefit
plan for funding any obligation of the plan to provide the pension benefits described in this section and shall allocate the
amounts of any employer contribution for the person in the
same manner and to the same extent the allocation occurs for
other employees during the period of service. For purposes of
determining the amount of such liability and any obligation
of the plan, earnings and forfeitures shall not be included. For
purposes of determining the amount of such liability and purposes of a state law governing pension benefits for state
employees, service in the uniformed services that is deemed
under subsection (1) of this section to be service with the
state shall be deemed to be service with the state under the
terms of the plan or any applicable collective bargaining
agreement.
(3) A person reemployed by the state under this chapter
is entitled to accrued benefits pursuant to subsection (1)(a) of
this section that are contingent on the making of, or derived
from, employee contributions or elective deferrals (as
defined in section 402(g)(3) of the internal revenue code of
1986) only to the extent the person makes payment to the
plan with respect to such contributions or deferrals. No such
payment may exceed the amount the person would have been
permitted or required to contribute had the person remained
continuously employed by the state throughout the period of
uniformed service. Any payment to the plan described in this
subsection shall be made during the period beginning with
the date of reemployment and whose duration is three times
the period of the person's services, such payment period in
the uniformed services, not to exceed five years.
(4) For purposes of computing an employer's liability of
the employee's contributions under subsection (2) of this section, the employee's compensation during the period of service shall be computed:
(a) At the rate the employee would have received but for
the period of service in subsection (1)(b) of this section; or
(b) In the case that the determination of such rate is not
reasonably certain, on the basis of the employee's average
rate of compensation during the twelve-month period immediately preceding such period or if shorter, the period of
employment immediately preceding such period. [2001 c
133 § 9.]
Effective date—2001 c 133: See note following RCW 73.16.005.
73.16.061
73.16.061 Enforcement of provisions. (1) In case any
employer, his or her successor or successors fails or refuses
to comply with the provisions of RCW 73.16.031 through
73.16.061 and 73.16.090, the attorney general shall bring
action in the superior court in the county in which the
employer is located or does business to obtain an order to
specifically require such employer to comply with the provisions of this chapter, and, as an incident thereto, to compen[Title 73 RCW—page 10]
sate such person for any loss of wages or benefits suffered by
reason of such employer's unlawful act if:
(a) The service in question was state duty not covered by
the uniformed services employment and reemployment rights
act of 1994, P.L. 103-353 (38 U.S.C. Sec. 4301 et seq.); and
(b) The employer support for guard and reserve ombudsman, or his or her designee, has inquired in the matter and has
been unable to resolve it.
(2) If the conditions in subsection (1)(a) and (b) of this
section are met, any such person who does not desire the services of the attorney general may, by private counsel, bring
such action. [2001 c 133 § 10; 1953 c 212 § 6.]
Effective date—2001 c 133: See note following RCW 73.16.005.
73.16.070
73.16.070 Federal act to apply in state courts. The
federal soldiers' and sailors' civil relief act of 1940, Public
Act No. 861, is hereby specifically declared to apply in
proper cases in all the courts of this state. [2001 c 133 § 11;
1941 c 201 § 5; Rem. Supp. 1941 § 10758-7.]
Effective date—2001 c 133: See note following RCW 73.16.005.
73.16.080
73.16.080 Bona fide executive, administrative, and
professional employees—Offset of military pay. An offset
of any military pay for temporary service in the uniformed
services in a particular week against the salary of a bona fide
executive, administrative, or professional employee in a particular week shall not be a factor in determining whether the
employee is exempt under RCW 49.46.010(5)(c). [2001 c
133 § 12.]
Effective date—2001 c 133: See note following RCW 73.16.005.
73.16.090
73.16.090 Application of chapter—Other rights and
benefits preserved. This chapter shall not supersede, nullify, or diminish any federal or state law, ordinance, rule, regulation, contract, agreement, policy, plan, practice, or other
matter that establishes a right or benefit that is more beneficial to, or is in addition to, a right or benefit provided for such
person in this chapter. [2001 c 133 § 13.]
Effective date—2001 c 133: See note following RCW 73.16.005.
73.16.100
73.16.100 Legislative declaration—Other civil
actions abolished. The legislature declares that the public
policies articulated in chapter 133, Laws of 2001 depend on
the procedures established in chapter 133, Laws of 2001. No
civil or criminal action may be maintained relying on the
public policies articulated in chapter 133, Laws of 2001 without complying with the procedures in this chapter. To that
end, all civil actions and civil causes of action for such injuries and all jurisdiction of the courts of this state over such
causes are hereby abolished, except as provided in this chapter. [2001 c 133 § 14.]
Effective date—2001 c 133: See note following RCW 73.16.005.
Chapter 73.20
Chapter 73.20 RCW
ACKNOWLEDGMENTS AND
POWERS OF ATTORNEY
Sections
73.20.010
Acknowledgments.
(2004 Ed.)
Acknowledgments and Powers of Attorney
73.20.050
73.20.060
73.20.070
73.20.080
Agency created by power of attorney not revoked by unverified report of death.
Affidavit of agent as to knowledge of revocation.
"Missing in action" report not construed as actual knowledge.
Provision in power for revocation not affected.
73.20.010
73.20.010 Acknowledgments. In addition to the
acknowledgment of instruments and the performance of other
notarial acts in the manner and form and as otherwise authorized by law, instruments may be acknowledged, documents
attested, oaths and affirmations administered, depositions
and affidavits executed, and other notarial acts performed,
before or by any commissioned officer in active service of the
armed forces of the United States with the rank of second
lieutenant or higher in the army or marine corps, or with the
rank of ensign or higher in the navy or coast guard, or with
equivalent rank in any other component part of the armed
forces of the United States, by any person who either
(1) is a member of the armed forces of the United States,
or
(2) is serving as a merchant seaman outside the limits of
the United States included within the forty-eight states and
the District of Columbia; or
(3) is outside said limits by permission, assignment or
direction of any department or official of the United States
government, in connection with any activity pertaining to the
prosecution of any war in which the United States is then
engaged.
Such acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution
of depositions and affidavits, and performance of other notarial acts, heretofore or hereafter made or taken, are hereby
declared legal, valid and binding, and instruments and documents so acknowledged, authenticated, or sworn to shall be
admissible in evidence and eligible to record in this state
under the same circumstances, and with the same force and
effect as if such acknowledgment, attestation, oath, affirmation, deposition, affidavit, or other notarial act, had been
made or taken within this state before or by a duly qualified
officer or official as otherwise provided by law.
In the taking of acknowledgments and the performing of
other notarial acts requiring certification, a certificate
endorsed upon or attached to the instrument or documents,
which shows the date of the notarial act and which states, in
substance, that the person appearing before the officer
acknowledged the instrument as his act or made or signed the
instrument or document under oath, shall be sufficient for all
intents and purposes. The instrument or document shall not
be rendered invalid by the failure to state the place of execution or acknowledgment.
If the signature, rank, and branch of service or subdivision thereof, of any such commissioned officer appear upon
such instrument or document or certificate, no further proof
of the authority of such officer so to act shall be required and
such action by such commissioned officer shall be prima
facie evidence that the person making such oath or acknowledgment is within the purview of this section. [1945 c 271 §
1; Rem. Supp. 1945 § 10758-13a. See also, 1943 c 47. Formerly RCW 73.20.010 through 73.20.040.]
Acknowledgments, generally: Chapter 64.08 RCW.
(2004 Ed.)
73.20.080
73.20.050
73.20.050 Agency created by power of attorney not
revoked by unverified report of death. No agency created
by a power of attorney in writing given by a principal who is
at the time of execution, or who, after executing such power
of attorney, becomes either (1) a member of the armed forces
of the United States, or (2) a person serving as a merchant
seaman outside the limits of the United States, included
within the forty-eight states and the District of Columbia; or
(3) a person outside said limits by permission, assignment or
direction of any department or official of the United States
government, in connection with any activity pertaining to or
connected with the prosecution of any war in which the
United States is then engaged, shall be revoked or terminated
by the death of the principal, as to the agent or other person
who, without actual knowledge or actual notice of the death
of the principal, shall have acted or shall act, in good faith,
under or in reliance upon such power of attorney or agency,
and any action so taken, unless otherwise invalid or unenforceable, shall be binding on the heirs, devisees, legatees, or
personal representatives of the principal. [1945 c 139 § 1;
Rem. Supp. 1945 § 10758-70.]
Severability—1945 c 139: "If any provision of this act or the application thereof to any person or circumstance be held invalid, such invalidity
shall not affect any other provision or application of the act which can be
given effect without the invalid provision or application, and to this end the
provisions of this act are declared to be severable." [1945 c 139 § 5.]
73.20.060
73.20.060 Affidavit of agent as to knowledge of revocation. An affidavit, executed by the attorney in fact or
agent, setting forth that the maker of the power of attorney is
a member of the armed forces of the United States or within
the class of persons described in RCW 73.20.050, and that he
has not or had not, at the time of doing any act pursuant to the
power of attorney, received actual knowledge or actual notice
of the revocation or termination of the power of attorney, by
death or otherwise, or notice of any facts indicating the same,
shall, in the absence of fraud, be conclusive proof of the nonrevocation or nontermination of the power at such time. If the
exercise of the power requires execution and delivery of any
instrument which is recordable under the laws of this state,
such affidavit shall likewise be recordable. [1945 c 139 § 2;
Rem. Supp. 1945 § 10758-71.]
73.20.070
73.20.070 "Missing in action" report not construed
as actual knowledge. No report or listing, either official or
otherwise, of "missing" or "missing in action", as such words
are used in military parlance, shall constitute or be interpreted
as constituting actual knowledge or actual notice of the death
of such principal or notice of any facts indicating the same, or
shall operate to revoke the agency. [1945 c 139 § 3; Rem.
Supp. 1945 § 10758-72.]
73.20.080
73.20.080 Provision in power for revocation not
affected. RCW 73.20.050 through 73.20.070 shall not be
construed so as to alter or affect any provision for revocation
or termination contained in such power of attorney. [1945 c
139 § 4; Rem. Supp. 1945 § 10758-73.]
[Title 73 RCW—page 11]
Chapter 73.24
Chapter 73.24
Title 73 RCW: Veterans and Veterans' Affairs
Chapter 73.24 RCW
BURIAL
Sections
73.24.020
73.24.030
Contract for care of veterans' plot at Olympia.
Authorized burials in plot.
73.24.020
73.24.020 Contract for care of veterans' plot at
Olympia. The director of the *department of finance, budget
and business is hereby authorized and directed to contract
with Olympia Lodge No. 1, F.&A.M., a corporation for the
improvement and perpetual care of the state veterans' plot in
the Masonic cemetery at Olympia; such care to include the
providing of proper curbs and walks, cultivating, reseeding
and fertilizing grounds, repairing and resetting the bases and
monuments in place on the ground, leveling grounds, and
transporting and setting headstones for graves of persons
hereafter buried on the plot. [1937 c 36 § 1; RRS § 10758-1.]
*Reviser's note: Powers and duties of the "department of finance, budget and business" have devolved upon the department of general administration through a chain of statutes as follows: 1935 c 176 § 11; 1947 c 114 § 5;
and 1955 c 285 §§ 4, 14, 16, and 18 (RCW 43.19.010 and 43.19.015).
Cemeteries, endowment and nonendowment care: Chapters 68.40, 68.44
RCW.
73.24.030
73.24.030 Authorized burials in plot. The said plot
shall be available, to the extent such space is available, without charge or cost for the burial of persons who have served
in the army, navy, or marine corps in the United States, in the
Spanish-American war, Philippine insurrection, or the Chinese Relief Expedition, or who served in any said branches of
said service at any time between April 21, 1898 and July 4,
1902 and any veteran as defined in RCW 41.04.007. [2002 c
292 § 10; 1977 c 31 § 4; 1937 c 36 § 2; RRS § 10758-2.]
Chapter 73.36 RCW
UNIFORM VETERANS' GUARDIANSHIP ACT
Chapter 73.36
Sections
73.36.010
73.36.020
73.36.030
73.36.040
73.36.050
73.36.060
73.36.080
73.36.090
73.36.100
73.36.110
73.36.120
73.36.130
73.36.140
73.36.150
73.36.155
73.36.160
73.36.165
73.36.170
73.36.180
73.36.190
Terms defined.
Administrator party in interest in guardianship proceedings—
Notice.
Appointment of guardian—Necessary when.
Guardian—Number of wards permitted.
Guardian—Appointment—Contents of petition.
Guardian for minor—Appointment—Prima facie evidence.
Notice of petition.
Guardian's bond.
Accounting by guardian—Copies of all proceedings to be furnished administration—Hearings.
Failure to account—Penalties.
Compensation of guardian.
Investment of funds—Procedure.
Use of funds—Procedure.
Purchase of real estate—Procedure.
Public records—Free copies.
Discharge of guardian—Final account.
Commitment to veterans administration or other federal
agency.
Application of chapter to other guardianships of veterans.
Construction of chapter—Uniformity.
Short title.
Guardianship, generally: Chapters 11.88, 11.92 RCW.
73.36.010
73.36.010 Terms defined. As used in this chapter:
"Person" means an individual, a partnership, a corporation or an association.
[Title 73 RCW—page 12]
"Veterans administration" means the veterans administration, its predecessors or successors.
"Income" means moneys received from the veterans
administration and revenue or profit from any property
wholly or partially acquired therewith.
"Estate" means income on hand and assets acquired partially or wholly with "income".
"Benefits" means all moneys paid or payable by the
United States through the veterans administration.
"Administrator" means the administrator of veterans
affairs of the United States or his successor.
"Ward" means a beneficiary of the veterans administration.
"Guardian" means any fiduciary for the person or estate
of a ward. [1951 c 53 § 1.]
73.36.020
73.36.020 Administrator party in interest in guardianship proceedings—Notice. The administrator shall be a
party in interest in any proceeding for the appointment or
removal of a guardian or for the removal of the disability of
minority or mental incapacity of a ward, and in any suit or
other proceeding affecting in any manner the administration
by the guardian of the estate of any present or former ward
whose estate includes assets derived in whole or in part from
benefits heretofore or hereafter paid by the veterans administration. Not less than fifteen days prior to hearing in such
matter notice in writing of the time and place thereof shall be
given by mail (unless waived in writing) to the office of the
veterans administration having jurisdiction over the area in
which any such suit or any such proceeding is pending.
[1951 c 53 § 2.]
73.36.030
73.36.030 Appointment of guardian—Necessary
when. Whenever, pursuant to any law of the United States or
regulation of the veterans administration, it is necessary,
prior to payment of benefits, that a guardian be appointed, the
appointment may be made in the manner hereinafter provided. [1951 c 53 § 3.]
73.36.040
73.36.040 Guardian—Number of wards permitted.
No person other than a bank or trust company shall be guardian of more than five wards at one time, unless all the wards
are members of one family. Upon presentation of a petition
by an attorney of the veterans administration or other interested person, alleging that a guardian is acting in a fiduciary
capacity for more than five wards as herein provided and
requesting his discharge for that reason, the court, upon proof
substantiating the petition, shall require a final accounting
forthwith from such guardian and shall discharge him from
guardianships in excess of five and forthwith appoint a successor. [1951 c 53 § 4.]
73.36.050
73.36.050 Guardian—Appointment—Contents of
petition. (1) A petition for the appointment of a guardian
may be filed by any relative or friend of the ward or by any
person who is authorized by law to file such a petition. If
there is no person so authorized or if the person so authorized
refuses or fails to file such a petition within thirty days after
mailing of notice by the veterans administration to the last
known address of the person, if any, indicating the necessity
(2004 Ed.)
Uniform Veterans' Guardianship Act
for the same, a petition for appointment may be filed by any
resident of this state.
(2) The petition for appointment shall set forth the name,
age, place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the
ward is entitled to receive benefits payable by or through the
veterans administration and shall set forth the amount of
moneys then due and the amount of probable future payments.
(3) The petition shall also set forth the name and address
of the person or institution, if any, having actual custody of
the ward and the name, age, relationship, if any, occupation
and address of the proposed guardian and if the nominee is a
natural person, the number of wards for whom the nominee is
presently acting as guardian. Notwithstanding any law as to
priority of persons entitled to appointment, or the nomination
in the petition, the court may appoint some other individual
or a bank or trust company as guardian, if the court determines it is for the best interest of the ward.
(4) In the case of a mentally incompetent ward the petition shall show that such ward has been rated incompetent by
the veterans administration on examination in accordance
with the laws and regulations governing the veterans administration.
(5) All proceedings under this chapter shall be governed
by the provisions of chapters 11.88 and 11.92 RCW which
shall prevail over any conflicting provisions of this chapter.
[1994 c 147 § 4; 1951 c 53 § 5.]
Prohibitions: RCW 73.04.140.
73.36.060
73.36.060 Guardian for minor—Appointment—
Prima facie evidence. Where a petition is filed for the
appointment of a guardian for a minor, a certificate of the
administrator or his authorized representative, setting forth
the age of such minor as shown by the records of the veterans
administration and the fact that the appointment of a guardian
is a condition precedent to the payment of any moneys due
the minor by the veterans administration shall be prima facie
evidence of the necessity for such appointment. [1951 c 53 §
6.]
73.36.080
73.36.080 Notice of petition. Upon the filing of a petition for the appointment of a guardian under this chapter,
notice shall be given to the ward, to such other persons, and
in such manner as is provided by the general law of this state,
and also to the veterans administration as provided by this
chapter. [1951 c 53 § 8.]
73.36.090
73.36.090 Guardian's bond. (1) Upon the appointment
of a guardian, he shall execute and file a bond to be approved
by the court in an amount not less than the estimated value of
the personal estate and anticipated income of the ward during
the ensuing two years, except in cases where banks or trust
companies are appointed as guardian and no bond is required
by the general state law. The bond shall be in the form and be
conditioned as required of guardians appointed under the
general guardianship laws of this state. The court may from
time to time require the guardian to file an additional bond.
(2) Where a bond is tendered by a guardian with personal
sureties, there shall be at least two such sureties and they shall
(2004 Ed.)
73.36.100
file with the court a certificate under oath which shall
describe the property owned, both real and personal, and
shall state that each is worth the sum named in the bond as the
penalty thereof over and above all his debts and liabilities and
the aggregate of other bonds in which he is principal or surety
and exclusive of property exempt from execution. The court
may require additional security or may require a corporate
surety bond, the premium thereon to be paid from the ward's
estate. [1951 c 53 § 9.]
Guardianship, generally: Chapters 11.88 and 11.92 RCW.
73.36.100
73.36.100 Accounting by guardian—Copies of all
proceedings to be furnished administration—Hearings.
(1) Every guardian, who has received or shall receive on
account of his ward any money or other thing of value from
the veterans administration, at the expiration of two years
from date of his appointment, and every two years thereafter
on the anniversary date of his appointment, or as much
oftener as the court may require, shall file with the court a
full, true and accurate account under oath of all moneys or
other things of value received by him, all earnings, interest or
profits derived therefrom, and all property acquired therewith
and of all disbursements therefrom, and showing the balance
thereof in his hands at the date of the account and how
invested. Each year when not required to file an account with
the court, the guardian shall file an account with the proper
office of the veterans administration. If the interim account
be not filed with the veterans administration, or, if filed, shall
be unsatisfactory, the court shall upon receipt of notice
thereof from the veterans administration require the guardian
forthwith to file an account which shall be subject in all
respects to the next succeeding paragraphs. Any account filed
with the veterans administration and approved by the chief
attorney thereof may be filed with the court and be approved
by the court without hearing, unless a hearing thereon be
requested by some party in interest.
(2) The guardian, at the time of filing any account with
the court or veterans administration shall exhibit all securities
or investments held by him to an officer of the bank or other
depository wherein said securities or investments are held for
safekeeping or to an authorized representative of the corporation which is surety on his bond, or to the judge or clerk of a
court of record in this state, or upon request of the guardian or
other interested party, to any other reputable person designated by the court, who shall certify in writing that he has
examined the securities or investments and identified them
with those described in the account and shall note any omissions or discrepancies. If the depository is the guardian, the
certifying officer shall not be the officer verifying the
account. The guardian may exhibit the securities or investments to the judge of the court, who shall endorse on the
account and copy thereof, a certificate that the securities or
investments shown therein as held by the guardian were each
in fact exhibited to him and that those exhibited to him were
the same as those in the account and noting any omission or
discrepancy. The certificate, and the certificate of an official
of the bank in which are deposited any funds for which the
guardian is accountable, showing the amount on deposit,
shall be prepared and signed in duplicate and one of each
shall be filed by the guardian with his account.
[Title 73 RCW—page 13]
73.36.110
Title 73 RCW: Veterans and Veterans' Affairs
(3) At the time of filing in the court any account, a certified copy thereof and a signed duplicate of each certificate
filed with the court shall be sent by the guardian to the office
of the veterans administration having jurisdiction over the
area in which such court is located. A duplicate signed copy
or a certified copy of any petition, motion or other pleading
pertaining to an account, or to any matter other than an
account, and which is filed in the guardianship proceedings
or in any proceedings for the purpose of removing the disability of minority or mental incapacity, shall be furnished by the
persons filing the same to the proper office of the veterans
administration. Unless hearing be waived in writing by the
attorney of the veterans administration and by all other persons, if any, entitled to notice, the court shall fix a time and
place for the hearing on the account, petition, motion or other
pleading, not less than fifteen days nor more than sixty days
from the date same is filed, unless a different available date
be stipulated in writing. Unless waived in writing, written
notice of the time and place of hearing shall be given the veterans administration office concerned and to the guardian and
any others entitled to notice, not less than fifteen days prior to
the date fixed for the hearing. The notice may be given by
mail, in which event it shall be deposited in the mails not less
than fifteen days prior to said date. The court or clerk thereof,
shall mail to said veterans administration office a copy of
each order entered in any guardianship proceeding wherein
the administrator is an interested party.
(4) If the guardian is accountable for property derived
from sources other than the veterans administration, he shall
be accountable as is or may be required under the applicable
law of this state pertaining to the property of minors or persons of unsound mind who are not beneficiaries of the veterans administration, and as to such other property shall be
entitled to the compensation provided by such law. The
account for other property may be combined with the account
filed in accordance with this section. [1951 c 53 § 10.]
73.36.110
73.36.110 Failure to account—Penalties. If any
guardian shall fail to file with the court any account as
required by this chapter, or by an order of the court, when any
account is due or within thirty days after citation issues and
provided by law, or shall fail to furnish the veterans administration a true copy of any account, petition or pleading as
required by this chapter, such failure may in the discretion of
the court be ground for his removal, in addition to other penalties provided by law. [1951 c 53 § 11.]
73.36.120
73.36.120 Compensation of guardian. Compensation
payable to guardians shall be based upon services rendered
and shall not exceed five percent of the amount of moneys
received during the period covered by the account, except
that the court may allow a fee of not exceeding twenty-five
dollars per year, as a minimum fee, upon the approval of the
chief attorney for the veterans administration. In the event of
extraordinary services by any guardian, the court, upon petition and hearing thereon may authorize reasonable additional
compensation therefor. A copy of the petition and notice of
hearing thereon shall be given the proper office of the veterans administration in the manner provided in the case of hearing on a guardian's account or other pleading. No commission
[Title 73 RCW—page 14]
or compensation shall be allowed on the moneys or other
assets received from a prior guardian nor upon the amount
received from liquidation of loans or other investments.
[1951 c 53 § 12.]
73.36.130
73.36.130 Investment of funds—Procedure. Every
guardian shall invest the surplus funds of his ward's estate in
such securities or property as authorized under the laws of
this state but only upon prior order of the court; except that
the funds may be invested, without prior court authorization,
in direct unconditional interest-bearing obligations of this
state or of the United States and in obligations the interest and
principal of which are unconditionally guaranteed by the
United States. A signed duplicate or certified copy of the
petition for authority to invest shall be furnished the proper
office of the veterans administration, and notice of hearing
thereon shall be given said office as provided in the case of
hearing on a guardian's account. [1951 c 53 § 13.]
73.36.140
73.36.140 Use of funds—Procedure. A guardian shall
not apply any portion of the income or the estate for the support or maintenance of any person including the ward, the
spouse and the minor children of the ward, except upon petition to and prior order of the court after a hearing. A signed
duplicate or certified copy of said petition shall be furnished
the proper office of the veterans administration and notice of
hearing thereon shall be given said office as provided in the
case of hearing on a guardian's account or other pleading.
[1951 c 53 § 14.]
73.36.150
73.36.150 Purchase of real estate—Procedure. (1)
The court may authorize the purchase of the entire fee simple
title to real estate in this state in which the guardian has no
interest, but only as a home for the ward, or to protect his
interest, or (if he is not a minor) as a home for his dependent
family. Such purchase of real estate shall not be made except
upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the
proper office of the veterans administration and notice of
hearing thereon shall be given said office as provided in the
case of hearing on a guardian's account.
(2) Before authorizing such investment the court shall
require written evidence of value and of title and of the advisability of acquiring such real estate. Title shall be taken in the
ward's name. This section does not limit the right of the
guardian on behalf of his ward to bid and to become the purchaser of real estate at a sale thereof pursuant to decree of
foreclosure of lien held by or for the ward, or at a trustee's
sale, to protect the ward's right in the property so foreclosed
or sold; nor does it limit the right of the guardian, if such be
necessary to protect the ward's interest and upon prior order
of the court in which the guardianship is pending, to agree
with cotenants of the ward for a partition in kind, or to purchase from cotenants the entire undivided interests held by
them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the
ward's realty. [1951 c 53 § 15.]
73.36.155
73.36.155 Public records—Free copies. When a copy
of any public record is required by the veterans administra(2004 Ed.)
Uniform Veterans' Guardianship Act
tion to be used in determining the eligibility of any person to
participate in benefits made available by the veterans administration, the official custodian of such public record shall
without charge provide the applicant for such benefits or any
person acting on his behalf or the authorized representative of
the veterans administration with a certified copy of such
record. [1951 c 53 § 16. Formerly RCW 73.04.025.]
73.36.160
73.36.160 Discharge of guardian—Final account. In
addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the veterans administration showing that a minor ward has attained
majority, or that an incompetent ward has been rated competent by the veterans administration upon examination in
accordance with law shall be prima facie evidence that the
ward has attained majority, or has recovered his competency.
Upon hearing after notice as provided by this chapter and the
determination by the court that the ward has attained majority
or has recovered his competency, an order shall be entered to
that effect, and the guardian shall file a final account. Upon
hearing after notice to the former ward and to the veterans
administration as in case of other accounts, upon approval of
the final account, and upon delivery to the ward of the assets
due him from the guardian, the guardian shall be discharged
and his sureties released. [1951 c 53 § 17.]
73.36.165
73.36.165 Commitment to veterans administration
or other federal agency. (1) Whenever, in any proceeding
under the laws of this state for the commitment of a person
alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his proper care,
it is determined after such adjudication of the status of such
person as may be required by law that commitment to a hospital for mental disease or other institution is necessary for
safekeeping or treatment and it appears that such person is
eligible for care or treatment by the veterans administration
or other agency of the United States government, the court,
upon receipt of a certificate from the veterans administration
or such other agency showing that facilities are available and
that such person is eligible for care or treatment therein, may
commit such person to said veterans administration or other
agency. The person whose commitment is sought shall be
personally served with notice of the pending commitment
proceeding in the manner as provided by the law of this state;
and nothing in this chapter shall affect his right to appear and
be heard in the proceedings. Upon commitment, such person,
when admitted to any hospital operated by any such agency
within or without this state shall be subject to the rules and
regulations of the veterans administration or other agency.
The chief officer of any hospital of the veterans administration or institution operated by any other agency of the United
States to which the person is so committed shall with respect
to such person be vested with the same powers as superintendents of state hospitals for mental diseases within this state
with respect to retention of custody, transfer, parole or discharge. Jurisdiction is retained in the committing or other
appropriate court of this state at any time to inquire into the
mental condition of the person so committed, and to determine the necessity for continuance of his restraint, and all
commitments pursuant to this chapter are so conditioned.
(2004 Ed.)
73.36.190
(2) The judgment or order of commitment by a court of
competent jurisdiction of another state or of the District of
Columbia, committing a person to the veterans administration, or other agency of the United States government for care
or treatment shall have the same force and effect as to the
committed person while in this state as in the jurisdiction in
which is situated the court entering the judgment or making
the order; and the courts of the committing state, or of the
District of Columbia, shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of such person, and of determining the necessity for continuance of his restraint; as is provided in subsection (1) of this section with respect to persons
committed by the courts of this state. Consent is hereby given
to the application of the law of the committing state or district
in respect to the authority of the chief officer of any hospital
of the veterans administration, or of any institution operated
in this state by any other agency of the United States to retain
custody, or transfer, parole or discharge the committed person.
(3) Upon receipt of a certificate of the veterans administration or such other agency of the United States that facilities
are available for the care or treatment of any person heretofore committed to any hospital for the insane or other institution for the care or treatment of persons similarly afflicted
and that such person is eligible for care or treatment, the
superintendent of the institution may cause the transfer of
such person to the veterans administration or other agency of
the United States for care or treatment. Upon effecting any
such transfer, the committing court or proper officer thereof
shall be notified thereof by the transferring agency. No person shall be transferred to the veterans administration or
other agency of the United States if he be confined pursuant
to conviction of any felony or misdemeanor or if he has been
acquitted of the charge solely on the ground of insanity,
unless prior to transfer the court or other authority originally
committing such person shall enter an order for such transfer
after appropriate motion and hearing.
Any person transferred as provided in this section shall
be deemed to be committed to the veterans administration or
other agency of the United States pursuant to the original
commitment. [1951 c 53 § 18. Formerly RCW 71.02.700
through 71.02.720.]
73.36.170
73.36.170 Application of chapter to other guardianships of veterans. The provisions of this chapter relating to
surety bonds and the administration of estates of wards shall
apply to all "income" and "estate" as defined in RCW
73.36.010 whether the guardian shall have been appointed
under this chapter or under any other law of this state, special
or general, prior or subsequent to the enactment hereof.
[1951 c 53 § 21.]
73.36.180
73.36.180 Construction of chapter—Uniformity.
This chapter shall be so construed to make uniform the law of
those states which enact it. [1951 c 53 § 19.]
73.36.190
73.36.190 Short title. This chapter may be cited as the
"uniform veterans' guardianship act". [1951 c 53 § 20.]
[Title 73 RCW—page 15]
Chapter 73.40
Chapter 73.40
Title 73 RCW: Veterans and Veterans' Affairs
Chapter 73.40 RCW
VETERANS' MEMORIALS
Sections
73.40.010
73.40.030
73.40.040
73.40.060
Memorial honoring state residents who died or are missing-inaction in southeast Asia.
Memorial honoring state residents who died or are missing-inaction in southeast Asia—Display of individual names.
Memorial honoring state residents who died or are missing-inaction in the Korean conflict.
National World War II memorial account.
73.40.010
73.40.010 Memorial honoring state residents who
died or are missing-in-action in southeast Asia. The secretary of state shall coordinate the design, construction, and
placement of a memorial within the state capitol building
honoring Washington state residents who died or are "missing-in-action" in the southeast Asia theater of operations.
[1984 c 81 § 1. Formerly RCW 40.14.200.]
73.40.030
73.40.030 Memorial honoring state residents who
died or are missing-in-action in southeast Asia—Display
of individual names. The memorial authorized by *RCW
40.14.200 through 40.14.210 shall display the individual
names of the Washington state residents who died or are
"missing-in-action" in the southeast Asia theater of operations. [1984 c 81 § 3. Formerly RCW 40.14.210.]
*Reviser's note: RCW 40.14.200 through 40.14.210 were recodified as
RCW 73.40.010 through 73.40.030.
73.40.040
73.40.040 Memorial honoring state residents who
died or are missing-in-action in the Korean conflict. The
director of the department of veterans affairs shall coordinate
the design, construction, and placement of a memorial within
the state capitol grounds honoring Washington state residents
who died or are "missing-in-action" in the Korean conflict.
[1989 c 235 § 1. Formerly RCW 40.14.220.]
73.40.060
73.40.060 National World War II memorial account.
The national World War II memorial account is created in the
custody of the state treasurer. All receipts from appropriations and other sources must be deposited into the account.
Expenditures from the account may be used only for the
national World War II memorial in Washington, D.C. Only
the director of the department of veterans' affairs or the director's designee may authorize expenditures from the account.
The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures. [2000 c 12 § 2.]
Intent—2000 c 12: "It is the intent of the legislature to recognize the
dedication of the men and women of Washington state who served or were
wounded, killed, or missing in action during World War II by making a contribution towards the construction of a national World War II memorial to be
located in Washington, D.C. The national World War II memorial will be the
first national memorial dedicated to all who served during World War II. All
military veterans of the war, the citizens on the home front, the nation atlarge, and the high moral purpose and idealism that motivated the nation's
call to arms will be honored with this memorial." [2000 c 12 § 1.]
[Title 73 RCW—page 16]
(2004 Ed.)
Title 74
Title 74
PUBLIC ASSISTANCE
Chapters
74.04
General provisions—Administration.
74.08
Eligibility generally—Standards of assistance.
74.08A
Washington WorkFirst temporary assistance
for needy families.
74.09
Medical care.
74.09A
Medical assistance—Coordination of benefits—Computerized information transfer.
74.12
Temporary assistance for needy families.
74.12A
Incentive to work—Economic independence.
74.13
Child welfare services.
74.14A
Children and family services.
74.14B
Children's services.
74.14C
Family preservation services.
74.14D
Alternative family-centered services.
74.15
Care of children, expectant mothers, developmentally disabled.
74.18
Department of services for the blind.
74.20
Support of dependent children.
74.20A
Support of dependent children—Alternative
method—1971 act.
74.25
Job opportunities and basic skills training program.
74.25A
Employment partnership program.
74.26
Services for children with multiple handicaps.
74.29
Rehabilitation services for individuals with
disabilities.
74.32
Advisory committees on vendor rates.
74.34
Abuse of vulnerable adults.
74.36
Funding for community programs for the
aging.
74.38
Senior citizens services act.
74.39
Long-term care service options.
74.39A
Long-term care services options—Expansion.
74.41
Respite care services.
74.42
Nursing homes—Resident care, operating
standards.
74.46
Nursing facility medicaid payment system.
74.50
Alcoholism and drug addiction treatment and
support.
74.55
Children's system of care.
74.98
Construction.
Assistance and relief by counties: Chapter 36.39 RCW.
Assistance for parolees, work release, and discharged prisoners: RCW
9.95.310 through 9.95.370.
Child abuse or neglect, reports by practitioners of healing arts: Chapter
26.44 RCW.
Displaced homemaker act: Chapter 28B.04 RCW.
Chapter 74.04 RCW
GENERAL PROVISIONS—ADMINISTRATION
Chapter 74.04
Sections
74.04.005
74.04.00511
74.04.0052
74.04.006
74.04.011
74.04.015
74.04.025
74.04.033
74.04.040
74.04.050
74.04.055
74.04.057
74.04.060
74.04.062
74.04.070
74.04.080
74.04.120
74.04.180
74.04.200
74.04.205
74.04.210
74.04.230
74.04.265
74.04.266
74.04.270
74.04.280
74.04.290
74.04.300
74.04.310
74.04.330
74.04.340
74.04.350
74.04.360
74.04.370
74.04.380
74.04.385
74.04.480
74.04.500
74.04.510
74.04.515
74.04.520
74.04.600
74.04.610
Domestic violence prevention: Chapter 26.50 RCW.
Jurisdiction over Indians as to public assistance: Chapter 37.12 RCW.
Low-income patients, malpractice insurance for retired physicians providing health care services: RCW 43.70.460.
Missing children clearinghouse and hot line: Chapter 13.60 RCW.
(2004 Ed.)
74.04.620
74.04.630
Definitions—Eligibility.
Limitations on "resource" and "income."
Teen applicants' living situation—Criteria—Presumption—
Protective payee—Adoption referral.
Contract of sale of property—Availability as a resource or
income—Establishment.
Secretary's authority—Personnel.
Secretary responsible officer to administer federal funds, etc.
Bilingual services for non-English speaking applicants and
recipients—Bilingual personnel, when—Primary language pamphlets and written materials.
Notification of availability of basic health plan.
Public assistance a joint federal, state, and county function—
Notice required.
Department to administer public assistance programs.
Cooperation with federal government—Construction—Conflict with federal requirements.
Promulgation of rules and regulations to qualify for federal
funds.
Records, confidential—Exceptions—Penalty.
Disclosure of recipient location to police officer or immigration official.
County office—Administrator.
County administrator—Personnel—Bond.
Basis of state's allocation of federal aid funds—County budget.
Joint county administration.
Standards—Established, enforced.
Simplified reporting for the food stamp program.
Basis of allocation of moneys to counties.
General assistance—Mental health services.
Earnings—Deductions from grants.
General assistance—Earned income exemption to be established for unemployable persons.
Audit of accounts—Uniform accounting system.
Assistance nontransferable and exempt from process.
Subpoena of witnesses, books, records, etc.
Recovery of payments improperly received—Lien—Recipient reporting requirements.
Authority to accept contributions.
Annual reports by assistance organizations—Penalty.
Federal surplus commodities—Certification of persons eligible to receive commodities.
Federal surplus commodities—Not to be construed as public
assistance, eligibility not affected.
Federal surplus commodities—Certification deemed administrative expense of department.
Federal surplus commodities—County program, expenses,
handling of commodities.
Federal and other surplus food commodities—Agreements—
Personnel—Facilities—Cooperation with other agencies—Discontinuance of program.
Unlawful practices relating to surplus commodities—Penalty.
Educational leaves of absence for personnel.
Food stamp program—Authorized.
Food stamp program—Rules.
Food stamp program—Discrimination prohibited.
Food stamp program—Confidentiality.
Supplemental security income program—Purpose.
Supplemental security income program—Termination of
federal financial assistance payments—Supersession by
supplemental security income program.
State supplement to national program of supplemental security income—Authorized—Reimbursement of interim
assistance, attorneys' fees.
State supplementation to national program of supplemental
security income—Contractual agreements with federal
government.
[Title 74 RCW—page 1]
74.04.005
74.04.635
74.04.640
74.04.650
74.04.660
74.04.750
74.04.760
74.04.770
Title 74 RCW: Public Assistance
State supplement to national program of supplemental security income—World War II Philippine veterans.
Acceptance of referrals for vocational rehabilitation—Reimbursement.
Individuals failing to comply with federal requirements.
Family emergency assistance program.
Reporting requirements—Food stamp allotments and rent or
housing subsidies, consideration as income.
Minimum amount of monthly assistance payments.
Consolidated standards of need—Rateable reductions—
Grant maximums.
Collection agencies to collect public debts: RCW 19.16.500.
Identicards—Issuance to nondrivers and public assistance recipients: RCW
46.20.117.
74.04.005 Definitions—Eligibility. For the purposes of
this title, unless the context indicates otherwise, the following
definitions shall apply:
(1) "Public assistance" or "assistance"—Public aid to
persons in need thereof for any cause, including services,
medical care, assistance grants, disbursing orders, work
relief, general assistance and federal-aid assistance.
(2) "Department"—The department of social and health
services.
(3) "County or local office"—The administrative office
for one or more counties or designated service areas.
(4) "Director" or "secretary" means the secretary of
social and health services.
(5) "Federal-aid assistance"—The specific categories of
assistance for which provision is made in any federal law
existing or hereafter passed by which payments are made
from the federal government to the state in aid or in respect to
payment by the state for public assistance rendered to any
category of needy persons for which provision for federal
funds or aid may from time to time be made, or a federally
administered needs-based program.
(6)(a) "General assistance"—Aid to persons in need
who:
(i) Are not eligible to receive federal-aid assistance,
other than food stamps or food stamp benefits transferred
electronically and medical assistance; however, an individual
who refuses or fails to cooperate in obtaining federal-aid
assistance, without good cause, is not eligible for general
assistance;
(ii) Meet one of the following conditions:
(A) Pregnant: PROVIDED, That need is based on the
current income and resource requirements of the federal temporary assistance for needy families program; or
(B) Subject to chapter 165, Laws of 1992, incapacitated
from gainful employment by reason of bodily or mental infirmity that will likely continue for a minimum of ninety days as
determined by the department.
(C) Persons who are unemployable due to alcohol or
drug addiction are not eligible for general assistance. Persons
receiving general assistance on July 26, 1987, or becoming
eligible for such assistance thereafter, due to an alcohol or
drug-related incapacity, shall be referred to appropriate
assessment, treatment, shelter, or supplemental security
income referral services as authorized under chapter 74.50
RCW. Referrals shall be made at the time of application or at
the time of eligibility review. Alcoholic and drug addicted
clients who are receiving general assistance on July 26, 1987,
may remain on general assistance if they otherwise retain
their eligibility until they are assessed for services under
74.04.005
[Title 74 RCW—page 2]
chapter 74.50 RCW. Subsection (6)(a)(ii)(B) of this section
shall not be construed to prohibit the department from granting general assistance benefits to alcoholics and drug addicts
who are incapacitated due to other physical or mental conditions that meet the eligibility criteria for the general assistance program;
(iii) Are citizens or aliens lawfully admitted for permanent residence or otherwise residing in the United States
under color of law; and
(iv) Have furnished the department their social security
account number. If the social security account number cannot be furnished because it has not been issued or is not
known, an application for a number shall be made prior to
authorization of assistance, and the social security number
shall be provided to the department upon receipt.
(b) Notwithstanding the provisions of subsection
(6)(a)(i), (ii), and (c) of this section, general assistance shall
be provided to the following recipients of federal-aid assistance:
(i) Recipients of supplemental security income whose
need, as defined in this section, is not met by such supplemental security income grant because of separation from a
spouse; or
(ii) To the extent authorized by the legislature in the
biennial appropriations act, to recipients of temporary assistance for needy families whose needs are not being met
because of a temporary reduction in monthly income below
the entitled benefit payment level caused by loss or reduction
of wages or unemployment compensation benefits or some
other unforeseen circumstances. The amount of general
assistance authorized shall not exceed the difference between
the entitled benefit payment level and the amount of income
actually received.
(c) General assistance shall be provided only to persons
who are not members of assistance units receiving federal aid
assistance, except as provided in subsection (6)(a)(ii)(A) and
(b) of this section, and will accept available services which
can reasonably be expected to enable the person to work or
reduce the need for assistance unless there is good cause to
refuse. Failure to accept such services shall result in termination until the person agrees to cooperate in accepting such
services and subject to the following maximum periods of
ineligibility after reapplication:
(i) First failure: One week;
(ii) Second failure within six months: One month;
(iii) Third and subsequent failure within one year: Two
months.
(d) Persons found eligible for general assistance based
on incapacity from gainful employment may, if otherwise eligible, receive general assistance pending application for federal supplemental security income benefits. Any general
assistance that is subsequently duplicated by the person's
receipt of supplemental security income for the same period
shall be considered a debt due the state and shall by operation
of law be subject to recovery through all available legal remedies.
(e) The department shall adopt by rule medical criteria
for general assistance eligibility to ensure that eligibility
decisions are consistent with statutory requirements and are
based on clear, objective medical information.
(2004 Ed.)
General Provisions—Administration
(f) The process implementing the medical criteria shall
involve consideration of opinions of the treating or consulting physicians or health care professionals regarding incapacity, and any eligibility decision which rejects uncontroverted
medical opinion must set forth clear and convincing reasons
for doing so.
(g) Recipients of general assistance based upon a finding
of incapacity from gainful employment who remain otherwise eligible shall have their benefits discontinued unless the
recipient demonstrates no material improvement in their
medical or mental condition. The department may discontinue benefits when there was specific error in the prior determination that found the recipient eligible by reason of incapacitation. Recipients of general assistance based upon pregnancy who relinquish their child for adoption, remain
otherwise eligible, and are not eligible to receive benefits
under the federal temporary assistance for needy families
program shall not have their benefits terminated until the end
of the month in which the period of six weeks following the
birth of the recipient's child falls. Recipients of the federal
temporary assistance for needy families program who lose
their eligibility solely because of the birth and relinquishment
of the qualifying child may receive general assistance
through the end of the month in which the period of six weeks
following the birth of the child falls.
(h) No person may be considered an eligible individual
for general assistance with respect to any month if during that
month the person:
(i) Is fleeing to avoid prosecution of, or to avoid custody
or confinement for conviction of, a felony, or an attempt to
commit a felony, under the laws of the state of Washington or
the place from which the person flees; or
(ii) Is violating a condition of probation, community
supervision, or parole imposed under federal or state law for
a felony or gross misdemeanor conviction.
(7) "Applicant"—Any person who has made a request,
or on behalf of whom a request has been made, to any county
or local office for assistance.
(8) "Recipient"—Any person receiving assistance and in
addition those dependents whose needs are included in the
recipient's assistance.
(9) "Standards of assistance"—The level of income
required by an applicant or recipient to maintain a level of
living specified by the department.
(10) "Resource"—Any asset, tangible or intangible,
owned by or available to the applicant at the time of application, which can be applied toward meeting the applicant's
need, either directly or by conversion into money or its equivalent. The department may by rule designate resources that
an applicant may retain and not be ineligible for public assistance because of such resources. Exempt resources shall
include, but are not limited to:
(a) A home that an applicant, recipient, or their dependents is living in, including the surrounding property;
(b) Household furnishings and personal effects;
(c) A motor vehicle, other than a motor home, used and
useful having an equity value not to exceed five thousand
dollars;
(d) A motor vehicle necessary to transport a physically
disabled household member. This exclusion is limited to one
vehicle per physically disabled person;
(2004 Ed.)
74.04.005
(e) All other resources, including any excess of values
exempted, not to exceed one thousand dollars or other limit
as set by the department, to be consistent with limitations on
resources and exemptions necessary for federal aid assistance. The department shall also allow recipients of temporary assistance for needy families to exempt savings accounts
with combined balances of up to an additional three thousand
dollars;
(f) Applicants for or recipients of general assistance shall
have their eligibility based on resource limitations consistent
with the temporary assistance for needy families program
rules adopted by the department; and
(g) If an applicant for or recipient of public assistance
possesses property and belongings in excess of the ceiling
value, such value shall be used in determining the need of the
applicant or recipient, except that: (i) The department may
exempt resources or income when the income and resources
are determined necessary to the applicant's or recipient's restoration to independence, to decrease the need for public
assistance, or to aid in rehabilitating the applicant or recipient
or a dependent of the applicant or recipient; and (ii) the
department may provide grant assistance for a period not to
exceed nine months from the date the agreement is signed
pursuant to this section to persons who are otherwise ineligible because of excess real property owned by such persons
when they are making a good faith effort to dispose of that
property: PROVIDED, That:
(A) The applicant or recipient signs an agreement to
repay the lesser of the amount of aid received or the net proceeds of such sale;
(B) If the owner of the excess property ceases to make
good faith efforts to sell the property, the entire amount of
assistance may become an overpayment and a debt due the
state and may be recovered pursuant to RCW 43.20B.630;
(C) Applicants and recipients are advised of their right to
a fair hearing and afforded the opportunity to challenge a
decision that good faith efforts to sell have ceased, prior to
assessment of an overpayment under this section; and
(D) At the time assistance is authorized, the department
files a lien without a sum certain on the specific property.
(11) "Income"—(a) All appreciable gains in real or personal property (cash or kind) or other assets, which are
received by or become available for use and enjoyment by an
applicant or recipient during the month of application or after
applying for or receiving public assistance. The department
may by rule and regulation exempt income received by an
applicant for or recipient of public assistance which can be
used by him or her to decrease his or her need for public
assistance or to aid in rehabilitating him or her or his or her
dependents, but such exemption shall not, unless otherwise
provided in this title, exceed the exemptions of resources
granted under this chapter to an applicant for public assistance. In addition, for cash assistance the department may
disregard income pursuant to RCW 74.08A.230 and
74.12.350.
(b) If, under applicable federal requirements, the state
has the option of considering property in the form of lump
sum compensatory awards or related settlements received by
an applicant or recipient as income or as a resource, the
department shall consider such property to be a resource.
[Title 74 RCW—page 3]
74.04.00511
Title 74 RCW: Public Assistance
(12) "Need"—The difference between the applicant's or
recipient's standards of assistance for himself or herself and
the dependent members of his or her family, as measured by
the standards of the department, and value of all nonexempt
resources and nonexempt income received by or available to
the applicant or recipient and the dependent members of his
or her family.
(13) For purposes of determining eligibility for public
assistance and participation levels in the cost of medical care,
the department shall exempt restitution payments made to
people of Japanese and Aleut ancestry pursuant to the Civil
Liberties Act of 1988 and the Aleutian and Pribilof Island
Restitution Act passed by congress, P.L. 100-383, including
all income and resources derived therefrom.
(14) In the construction of words and phrases used in this
title, the singular number shall include the plural, the masculine gender shall include both the feminine and neuter genders and the present tense shall include the past and future
tenses, unless the context thereof shall clearly indicate to the
contrary. [2003 1st sp.s. c 10 § 1; 2000 c 218 § 1. Prior:
1998 c 80 § 1; 1998 c 79 § 6; prior: 1997 c 59 § 10; 1997 c
58 § 309; prior: 1992 c 165 § 1; 1992 c 136 § 1; 1991 sp.s. c
10 § 1; 1991 c 126 § 1; 1990 c 285 § 2; 1989 1st ex.s. c 9 §
816; prior: 1987 c 406 § 9; 1987 c 75 § 31; 1985 c 335 § 2;
1983 1st ex.s. c 41 § 36; 1981 2nd ex.s. c 10 § 5; 1981 1st
ex.s. c 6 § 1; prior: 1981 c 8 § 1; prior: 1980 c 174 § 1; 1980
c 84 § 1; 1979 c 141 § 294; 1969 ex.s. c 173 § 1; 1965 ex.s. c
2 § 1; 1963 c 228 § 1; 1961 c 235 § 1; 1959 c 26 § 74.04.005;
prior: (i) 1947 c 289 § 1; 1939 c 216 § 1; Rem. Supp. 1947 §
10007-101a. (ii) 1957 c 63 § 1; 1953 c 174 § 17; 1951 c 122
§ 1; 1951 c 1 § 3 (Initiative Measure No. 178, approved
November 7, 1950); 1949 c 6 § 3; Rem. Supp. 1949 § 999833c.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Severability—1991 sp.s. c 10: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1991 sp.s. c 10 § 2.]
Effective date—1991 sp.s. c 10: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1991." [1991 sp.s. c 10 § 3.]
Findings—Purpose—1990 c 285: "(1) The legislature finds that each
year less than five percent of pregnant teens relinquish their babies for adoption in Washington state. Nationally, fewer than eight percent of pregnant
teens relinquish their babies for adoption.
(2) The legislature further finds that barriers such as lack of information about adoption, inability to voluntarily enter into adoption agreements,
and current state public assistance policies act as disincentives to adoption.
(3) It is the purpose of this act to support adoption as an option for
women with unintended pregnancies by removing barriers that act as disincentives to adoption." [1990 c 285 § 1.]
Severability—1990 c 285: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1990 c 285 § 10.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
[Title 74 RCW—page 4]
Effective date—1981 1st ex.s. c 6: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall take effect
July 1, 1981." [1981 1st ex.s. c 6 § 31.]
Severability—1981 1st ex.s. c 6: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 1st ex.s. c 6 § 30.]
Consolidated standards of need: RCW 74.04.770.
74.04.00511
74.04.00511 Limitations on "resource" and
"income." For purposes of RCW 74.04.005 (10) and (11),
"resource" and "income" do not include educational assistance awarded under *the gaining independence for students
with dependents program as defined in chapter 19, Laws of
2003 for recipients of temporary assistance for needy families. [2003 c 19 § 8.]
*Reviser's note: The gaining independence for students with dependents program is codified in chapter 28B.133 RCW.
Finding—Intent—Short title—Captions not law—2003 c 19: See
RCW 28B.133.005, 28B.133.900, and 28B.133.901.
74.04.0052
74.04.0052 Teen applicants' living situation—Criteria—Presumption—Protective payee—Adoption referral. (1) The department shall determine, after consideration
of all relevant factors and in consultation with the applicant,
the most appropriate living situation for applicants under
eighteen years of age, unmarried, and pregnant who are eligible for general assistance as defined in RCW
74.04.005(6)(a)(ii)(A). An appropriate living situation shall
include a place of residence that is maintained by the applicant's parents, parent, legal guardian, or other adult relative as
their or his or her own home and that the department finds
would provide an appropriate supportive living arrangement.
It also includes a living situation maintained by an agency
that is licensed under chapter 74.15 RCW that the department
finds would provide an appropriate supportive living arrangement. Grant assistance shall not be provided under this chapter if the applicant does not reside in the most appropriate living situation, as determined by the department.
(2) A pregnant minor residing in the most appropriate
living situation, as provided under subsection (1) of this section, is presumed to be unable to manage adequately the
funds paid to the minor or on behalf of the dependent child or
children and, unless the minor provides sufficient evidence to
rebut the presumption, shall be subject to the protective payee
requirements provided for under RCW 74.12.250 and
74.08.280.
(3) The department shall consider any statements or
opinions by either parent of the unmarried minor parent or
pregnant minor applicant as to an appropriate living situation
for the minor, whether in the parental home or other situation.
If the parents or a parent of the minor request, they or he or
she shall be entitled to a hearing in juvenile court regarding
designation of the parental home or other relative placement
as the most appropriate living situation for the pregnant or
parenting minor.
The department shall provide the parents or parent with
the opportunity to make a showing that the parental home, or
home of the other relative placement, is the most appropriate
living situation. It shall be presumed in any administrative or
judicial proceeding conducted under this subsection that the
(2004 Ed.)
General Provisions—Administration
parental home or other relative placement requested by the
parents or parent is the most appropriate living situation. This
presumption is rebuttable.
(4) In cases in which the minor is unmarried and unemployed, the department shall, as part of the determination of
the appropriate living situation, provide information about
adoption including referral to community-based organizations providing counseling.
(5) For the purposes of this section, "most appropriate
living situation" shall not include a living situation including
an adult male who fathered the qualifying child and is found
to meet the elements of rape of a child as set forth in RCW
9A.44.079. [1997 c 58 § 502; 1994 c 299 § 34.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
Aid to families with dependent children: RCW 74.12.255.
74.04.006
74.04.006 Contract of sale of property—Availability
as a resource or income—Establishment. The department
may establish, by rule and regulation, the availability of a
contract of sale of real or personal property as a resource or
income as defined in RCW 74.04.005. [1973 1st ex.s. c 49 §
2.]
74.04.011
74.04.011 Secretary's authority—Personnel. The
secretary of social and health services shall be the administrative head and appointing authority of the department of social
and health services and he shall have the power to and shall
employ such assistants and personnel as may be necessary for
the general administration of the department: PROVIDED,
That such employment is in accordance with the rules and
regulations of the state merit system. The secretary shall
through and by means of his assistants and personnel exercise
such powers and perform such duties as may be prescribed by
the public assistance laws of this state.
The authority vested in the secretary as appointing
authority may be delegated by the secretary or his designee to
any suitable employee of the department. [1979 c 141 § 295;
1969 ex.s. c 173 § 4; 1959 c 26 § 74.04.011. Prior: 1953 c
174 § 3. (i) 1937 c 111 § 3; RRS § 10785-2. (ii) 1937 c 111 §
5; RRS § 10785-4.]
State civil service law: Chapter 41.06 RCW.
74.04.015
74.04.015 Secretary responsible officer to administer
federal funds, etc. The secretary of social and health services shall be the responsible state officer for the administration of, and the disbursement of all funds, goods, commodities and services, which may be received by the state in connection with programs of public assistance or services related
directly or indirectly to assistance programs, and all other
matters included in the federal social security act approved
August 14, 1935, or any other federal act or as the same may
be amended excepting those specifically required to be
administered by other entities.
He shall make such reports and render such accounting
as may be required by the federal agency having authority in
the premises. [1981 1st ex.s. c 6 § 2; 1981 c 8 § 2; 1979 c 141
(2004 Ed.)
74.04.033
§ 296; 1963 c 228 § 2; 1959 c 26 § 74.04.015. Prior: 1953 c
174 § 49; 1937 c 111 § 12; RRS § 10785-11.]
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
Children's center for research and training in mental retardation, assistant
secretaries as advisory committee members: RCW 28B.20.412.
74.04.025
74.04.025 Bilingual services for non-English speaking applicants and recipients—Bilingual personnel,
when—Primary language pamphlets and written materials. (1) The department and the office of administrative hearings shall ensure that bilingual services are provided to nonEnglish speaking applicants and recipients. The services shall
be provided to the extent necessary to assure that non-English
speaking persons are not denied, or unable to obtain or maintain, services or benefits because of their inability to speak
English.
(2) If the number of non-English speaking applicants or
recipients sharing the same language served by any community service office client contact job classification equals or
exceeds fifty percent of the average caseload of a full-time
position in such classification, the department shall, through
attrition, employ bilingual personnel to serve such applicants
or recipients.
(3) Regardless of the applicant or recipient caseload of
any community service office, each community service
office shall ensure that bilingual services required to supplement the community service office staff are provided through
contracts with interpreters, local agencies, or other community resources.
(4) Initial client contact materials shall inform clients in
all primary languages of the availability of interpretation services for non-English speaking persons. Basic informational
pamphlets shall be translated into all primary languages.
(5) To the extent all written communications directed to
applicants or recipients are not in the primary language of the
applicant or recipient, the department and the office of
administrative hearings shall include with the written communication a notice in all primary languages of applicants or
recipients describing the significance of the communication
and specifically how the applicants or recipients may receive
assistance in understanding, and responding to if necessary,
the written communication. The department shall assure that
sufficient resources are available to assist applicants and
recipients in a timely fashion with understanding, responding
to, and complying with the requirements of all such written
communications.
(6) As used in this section, "primary languages" includes
but is not limited to Spanish, Vietnamese, Cambodian, Laotian, and Chinese. [1998 c 245 § 143; 1983 1st ex.s. c 41 §
33.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
74.04.033
74.04.033 Notification of availability of basic health
plan. The department shall notify any applicant for public
assistance who resides in a local area served by the Washington basic health plan and is under sixty-five years of age of
the availability of basic health care coverage to qualified
enrollees in the Washington basic health plan under chapter
70.47 RCW, unless the Washington basic health plan administrator has notified the department of a closure of enrollment
[Title 74 RCW—page 5]
74.04.040
Title 74 RCW: Public Assistance
in the area. The department shall maintain a supply of Washington basic health plan enrollment application forms, which
shall be provided in reasonably necessary quantities by the
administrator, in each appropriate community service office
for the use of persons wishing to apply for enrollment in the
Washington basic health plan. [1987 1st ex.s. c 5 § 18.]
Severability—1987 1st ex.s. c 5: See note following RCW 70.47.901.
74.04.040
74.04.040 Public assistance a joint federal, state, and
county function—Notice required. The care, support, and
relief of needy persons is hereby declared to be a joint federal, state, and county function. County offices are charged
with the responsibility for the administration of public assistance within the respective county or counties or parts thereof
as local offices of the department as prescribed by the rules
and regulations of the department.
Whenever a city or town establishes a program or policy
for the care, support, and relief of needy persons it shall provide notice of the program or policy to the county or counties
within which the city or town is located. [1981 c 191 § 1;
1959 c 26 § 74.04.040. Prior: 1953 c 174 § 12; 1939 c 216 §
5; RRS § 10007-105a.]
74.04.050
74.04.050 Department to administer public assistance programs. The department shall serve as the single
state agency to administer public assistance. The department
is hereby empowered and authorized to cooperate in the
administration of such federal laws, consistent with the public assistance laws of this state, as may be necessary to qualify for federal funds for:
(1) Medical assistance;
(2) Aid to dependent children;
(3) Child welfare services; and
(4) Any other programs of public assistance for which
provision for federal grants or funds may from time to time
be made.
The state hereby accepts and assents to all the present
provisions of the federal law under which federal grants or
funds, goods, commodities and services are extended to the
state for the support of programs administered by the department, and to such additional legislation as may subsequently
be enacted as is not inconsistent with the purposes of this
title, authorizing public welfare and assistance activities. The
provisions of this title shall be so administered as to conform
with federal requirements with respect to eligibility for the
receipt of federal grants or funds.
The department shall periodically make application for
federal grants or funds and submit such plans, reports and
data, as are required by any act of congress as a condition precedent to the receipt of federal funds for such assistance. The
department shall make and enforce such rules and regulations
as shall be necessary to insure compliance with the terms and
conditions of such federal grants or funds. [1981 1st ex.s. c 6
§ 3; 1981 c 8 § 3; 1963 c 228 § 3; 1959 c 26 § 74.04.050.
Prior: 1955 c 273 § 21; 1953 c 174 § 6; 1939 c 216 § 6; RRS
§ 10007-106a.]
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
[Title 74 RCW—page 6]
74.04.055
74.04.055 Cooperation with federal government—
Construction—Conflict with federal requirements. In
furtherance of the policy of this state to cooperate with the
federal government in the programs included in this title the
secretary shall issue such rules and regulations as may
become necessary to entitle this state to participate in federal
grants-in-aid, goods, commodities and services unless the
same be expressly prohibited by this title. Any section or provision of this title which may be susceptible to more than one
construction shall be interpreted in favor of the construction
most likely to satisfy federal laws entitling this state to
receive federal matching or other funds for the various programs of public assistance. If any part of this chapter is found
to be in conflict with federal requirements which are a prescribed condition to the receipts of federal funds to the state,
the conflicting part of this chapter is hereby inoperative
solely to the extent of the conflict with respect to the agencies
directly affected, and such finding or determination shall not
affect the operation of the remainder of this chapter. [1991 c
126 § 2; 1979 c 141 § 298; 1963 c 228 § 4; 1959 c 26 §
74.04.055. Prior: 1953 c 174 § 50.]
74.04.057
74.04.057 Promulgation of rules and regulations to
qualify for federal funds. The department is authorized to
promulgate such rules and regulations as are necessary to
qualify for any federal funds available under Title XVI of the
federal social security act, and any other combination of
existing programs of assistance consistent with federal law
and regulations. [1969 ex.s. c 173 § 3.]
74.04.060
74.04.060 Records, confidential—Exceptions—Penalty. For the protection of applicants and recipients, the
department and the county offices and their respective officers and employees are prohibited, except as hereinafter provided, from disclosing the contents of any records, files,
papers and communications, except for purposes directly
connected with the administration of the programs of this
title. In any judicial proceeding, except such proceeding as is
directly concerned with the administration of these programs,
such records, files, papers and communications, and their
contents, shall be deemed privileged communications and
except for the right of any individual to inquire of the office
whether a named individual is a recipient of welfare assistance and such person shall be entitled to an affirmative or
negative answer. However, upon written request of a parent
who has been awarded visitation rights in an action for
divorce or separation or any parent with legal custody of the
child, the department shall disclose to him or her the last
known address and location of his or her natural or adopted
children. The secretary shall adopt rules which establish procedures for disclosing the address of the children and providing, when appropriate, for prior notice to the custodian of the
children. The notice shall state that a request for disclosure
has been received and will be complied with by the department unless the department receives a copy of a court order
which enjoins the disclosure of the information or restricts or
limits the requesting party's right to contact or visit the other
party or the child. Information supplied to a parent by the
department shall be used only for purposes directly related to
the enforcement of the visitation and custody provisions of
the court order of separation or decree of divorce. No parent
(2004 Ed.)
General Provisions—Administration
shall disclose such information to any other person except for
the purpose of enforcing visitation provisions of the said
order or decree.
The county offices shall maintain monthly at their
offices a report showing the names and addresses of all recipients in the county receiving public assistance under this title,
together with the amount paid to each during the preceding
month.
The provisions of this section shall not apply to duly designated representatives of approved private welfare agencies,
public officials, members of legislative interim committees
and advisory committees when performing duties directly
connected with the administration of this title, such as regulation and investigation directly connected therewith: PROVIDED, HOWEVER, That any information so obtained by
such persons or groups shall be treated with such degree of
confidentiality as is required by the federal social security
law.
It shall be unlawful, except as provided in this section,
for any person, body, association, firm, corporation or other
agency to solicit, publish, disclose, receive, make use of, or to
authorize, knowingly permit, participate in or acquiesce in
the use of any lists or names for commercial or political purposes of any nature. The violation of this section shall be a
gross misdemeanor. [1987 c 435 § 29; 1983 1st ex.s. c 41 §
32; 1973 c 152 § 1; 1959 c 26 § 74.04.060. Prior: 1953 c 174
§ 7; 1950 ex.s. c 10 § 1; 1941 c 128 § 5; Rem. Supp. 1941 §
10007-106b.]
Effective date—1987 c 435: See RCW 26.23.900.
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Severability—1973 c 152: "If any provision of this 1973 act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1973 c 152 § 3.]
Child support, department may disclose information to internal revenue
department: RCW 74.20.160.
74.04.062
74.04.062 Disclosure of recipient location to police
officer or immigration official. Upon written request of a
person who has been properly identified as an officer of the
law or a properly identified United States immigration official the department shall disclose to such officer the current
address and location of a recipient of public welfare if the
officer furnishes the department with such person's name and
social security account number and satisfactorily demonstrates that such recipient is a fugitive, that the location or
apprehension of such fugitive is within the officer's official
duties, and that the request is made in the proper exercise of
those duties.
When the department becomes aware that a public assistance recipient is the subject of an outstanding warrant, the
department may contact the appropriate law enforcement
agency and, if the warrant is valid, provide the law enforcement agency with the location of the recipient. [1997 c 58 §
1006; 1973 c 152 § 2.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Severability—1973 c 152: See note following RCW 74.04.060.
(2004 Ed.)
74.04.200
74.04.070
74.04.070 County office—Administrator. There may
be established in each county of the state a county office
which shall be administered by an executive officer designated as the county administrator. The county administrator
shall be appointed by the secretary in accordance with the
rules and regulations of the state merit system. [1979 c 141 §
299; 1959 c 26 § 74.04.070. Prior: 1953 c 174 § 13; 1941 c
128 § 2, part; 1939 c 216 § 4, part; Code 1881 §§ 2680, 2696;
1854 p 422 § 19; 1854 p 395 § 1; Rem. Supp. 1941 § 10007104a, part.]
74.04.080
74.04.080 County administrator—Personnel—Bond.
The county administrator shall have the power to, and shall,
employ such personnel as may be necessary to carry out the
provisions of this title, which employment shall be in accordance with the rules and regulations of the state merit system,
and in accordance with personnel and administrative standards established by the department. The county administrator before qualifying shall furnish a surety bond in such
amount as may be fixed by the secretary, but not less than
five thousand dollars, conditioned that the administrator will
faithfully account for all money and property that may come
into his possession or control. The cost of such bond shall be
an administrative expense and shall be paid by the department. [1979 c 141 § 300; 1959 c 26 § 74.04.080. Prior: 1953
c 174 § 14; 1941 c 128 § 2, part; 1939 c 216 § 4, part; Code
1881 §§ 2680, 2696; 1854 p 422 § 19; 1854 p 395 § 1; Rem.
Supp. 1941 § 10007-104a, part.]
74.04.120
74.04.120 Basis of state's allocation of federal aid
funds—County budget. Allocations of state and federal
funds shall be made upon the basis of need within the respective counties as disclosed by the quarterly budgets, considered in conjunction with revenues available for the satisfaction of that need: PROVIDED, That in preparing his quarterly budget for federal aid assistance, the administrator shall
include the aggregate of the individual case load approved by
the department to date on the basis of need and the secretary
shall approve and allocate an amount sufficient to service the
aggregate case load as included in said budget, and in the
event any portion of the budgeted case load cannot be serviced with moneys available for the particular category for
which an application is made the committee may on the
administrator's request authorize the transfer of sufficient
general assistance funds to the appropriation for such category to service such case load and secure the benefit of federal matching funds. [1979 c 141 § 301; 1959 c 26 §
74.04.120. Prior: 1939 c 216 § 8, part; RRS § 10007-108a,
part.]
74.04.180
74.04.180 Joint county administration. Public assistance may be administered through a single administrator and
a single administrative office for one or more counties. There
may be a local office for the transaction of official business
maintained in each county. [1959 c 26 § 74.04.180. Prior:
1953 c 174 § 15; 1939 c 216 § 12; RRS § 10007-112a.]
74.04.200
74.04.200 Standards—Established, enforced. It shall
be the duty of the department of social and health services to
establish statewide standards which may vary by geographi[Title 74 RCW—page 7]
74.04.205
Title 74 RCW: Public Assistance
cal areas to govern the granting of assistance in the several
categories of this title and it shall have power to compel compliance with such standards as a condition to the receipt of
state and federal funds by counties for social security purposes. [1981 1st ex.s. c 6 § 4; 1981 c 8 § 4; 1979 c 141 § 302;
1959 c 26 § 74.04.200. Prior: 1939 c 216 § 14; RRS § 10007114a.]
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
74.04.205
74.04.205 Simplified reporting for the food stamp
program. (1) To the maximum extent allowable by federal
law, the department shall implement simplified reporting for
the food stamp program by October 31, 2004.
(2) For the purposes of this section, "simplified reporting" means the only change in circumstance that a recipient
of a benefit program must report between eligibility reviews
is an increase of income that would result in ineligibility for
the benefit program or a change of address. Every six months
the assistance unit must either complete a semiannual report
or participate in an eligibility review. [2004 c 54 § 3.]
Findings—Conflict with federal requirements—2004 c 54: See
notes following RCW 28A.235.160.
74.04.210
74.04.210 Basis of allocation of moneys to counties.
The moneys appropriated for public assistance purposes and
subject to allocation as in this title provided shall be allocated
to counties on the basis of past experience and established
case load history. [1959 c 26 § 74.04.210. Prior: 1939 c 216
§ 15; RRS § 10007-115a.]
missions, departments or other agencies having to do with the
allowance and disbursement of public funds for assistance
purposes, which said uniform accounting system shall conform to the accounting methods required by the federal government in respect to the administration of federal funds for
assistance purposes. [1979 c 141 § 304; 1959 c 26 §
74.04.270. Prior: 1939 c 216 § 21; RRS § 10007-121a.]
74.04.280
74.04.280 Assistance nontransferable and exempt
from process. Assistance given under this title shall not be
transferable or assignable at law or in equity and none of the
moneys received by recipients under this title shall be subject
to execution, levy, attachment, garnishment, or other legal
process, or to the operation of any bankruptcy or insolvency
law. [1959 c 26 § 74.04.280. Prior: 1939 c 216 § 25; RRS §
10007-125a.]
74.04.290
74.04.290 Subpoena of witnesses, books, records, etc.
In carrying out any of the provisions of this title, the secretary, county administrators, hearing examiners, or other duly
authorized officers of the department shall have power to
subpoena witnesses, administer oaths, take testimony and
compel the production of such papers, books, records and
documents as they may deem relevant to the performance of
their duties. Subpoenas issued under this power shall be
under RCW 43.20A.605. [1983 1st ex.s. c 41 § 22; 1979 ex.s.
c 171 § 2; 1979 c 141 § 305; 1969 ex.s. c 173 § 2; 1959 c 26
§ 74.04.290. Prior: 1939 c 216 § 26; RRS § 10007-126a.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.04.230
74.04.230 General assistance—Mental health services. Persons eligible for general assistance under RCW
74.04.005 are eligible for mental health services to the extent
that they meet the client definitions and priorities established
by chapter 71.24 RCW. [1982 c 204 § 16.]
Clients to be charged for mental health services: RCW 71.24.215.
74.04.265
74.04.265 Earnings—Deductions from grants. The
secretary may issue rules consistent with federal laws and
with memorials of the legislature, as will recognize the
income of any persons without the deduction in full thereof
from the amount of their grants. [1979 c 141 § 303; 1965
ex.s. c 35 § 1; 1959 c 26 § 74.04.265. Prior: 1953 c 174 § 16.]
74.04.266
74.04.266 General assistance—Earned income
exemption to be established for unemployable persons. In
determining need for general assistance for unemployable
persons as defined in RCW 74.04.005(6)(a), the department
may by rule and regulation establish a monthly earned
income exemption in an amount not to exceed the exemption
allowable under disability programs authorized in Title XVI
of the federal social security act. [1977 ex.s. c 215 § 1.]
74.04.270
74.04.270 Audit of accounts—Uniform accounting
system. It shall be the duty of the state auditor to audit the
accounts, books and records of the department of social and
health services. The public assistance committee shall establish and install a uniform accounting system for all categories
of public assistance, applicable to all officers, boards, com[Title 74 RCW—page 8]
74.04.300
74.04.300 Recovery of payments improperly
received—Lien—Recipient reporting requirements. If a
recipient receives public assistance and/or food stamps or
food stamp benefits transferred electronically for which the
recipient is not eligible, or receives public assistance and/or
food stamps or food stamp benefits transferred electronically
in an amount greater than that for which the recipient is eligible, the portion of the payment to which the recipient is not
entitled shall be a debt due the state recoverable under RCW
43.20B.030 and 43.20B.620 through 43.20B.645. It shall be
the duty of recipients of cash benefits to notify the department of changes to earned income as defined in RCW
74.04.005(11). It shall be the duty of recipients of cash benefits to notify the department of changes to liquid resources
as defined in RCW 74.04.005(10) that would result in ineligibility for cash benefits. It shall be the duty of recipients of
food benefits to report changes in income that result in ineligibility for food benefits. All recipients shall report changes
required in this section by the tenth of the month following
the month in which the change occurs. The department shall
make a determination of eligibility within ten days from the
date it receives the reported change from the recipient. The
department shall adopt rules consistent with federal law and
regulations for additional reporting requirements. The
department shall advise applicants for assistance that failure
to report as required, failure to reveal resources or income,
and false statements will result in recovery by the state of any
overpayment and may result in criminal prosecution. [2003 c
208 § 1; 1998 c 79 § 7; 1987 c 75 § 32; 1982 c 201 § 16; 1980
(2004 Ed.)
General Provisions—Administration
c 84 § 2; 1979 c 141 § 306; 1973 1st ex.s. c 49 § 1; 1969 ex.s.
c 173 § 18; 1959 c 26 § 74.04.300. Prior: 1957 c 63 § 3; 1953
c 174 § 35; 1939 c 216 § 27; RRS § 10007-127a.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
74.04.310
74.04.310 Authority to accept contributions. In furthering the purposes of this title, the secretary or any county
administrator may accept contributions or gifts in cash or otherwise from persons, associations or corporations, such contributions to be disbursed in the same manner as moneys
appropriated for the purposes of this title: PROVIDED, That
the donor of such gifts may stipulate the manner in which
such gifts shall be expended. [1979 c 141 § 309; 1959 c 26 §
74.04.310. Prior: 1939 c 216 § 28; RRS § 10007-128a.]
74.04.330
74.04.330 Annual reports by assistance organizations—Penalty. Every person, firm, corporation, association
or organization receiving twenty-five percent or more of its
income from contributions, gifts, dues, or other payments
from persons receiving assistance, community work and
training, federal-aid assistance, or any other form of public
assistance from the state of Washington or any agency or subdivision thereof, and engaged in political or other activities in
behalf of such persons receiving such public assistance, shall,
within ninety days after the close of each calendar year, make
a report to the secretary of social and health services for the
preceding year, which report shall contain:
(1) A statement of the total amount of contributions,
gifts, dues, or other payments received;
(2) The names of any and all persons, firms, corporations, associations or organizations contributing the sum of
twenty-five dollars or more during such year, and the
amounts contributed by such persons, firms, corporations,
associations, or organizations;
(3) A full and complete statement of all disbursements
made during such year, including the names of all persons,
firms, corporations, associations, or organizations to whom
any moneys were paid, and the amounts and purposes of such
payments; and
(4) Every such report so filed shall constitute a public
record.
(5) Any person, firm, or corporation, and any officer or
agent of any firm, corporation, association or organization,
violating this section by failing to file such report, or in any
other manner, shall be guilty of a gross misdemeanor. [1979
c 141 § 310; 1963 c 228 § 5; 1959 c 26 § 74.04.330. Prior:
1941 c 170 § 7; Rem. Supp. 1941 § 10007-138.]
74.04.340
74.04.340 Federal surplus commodities—Certification of persons eligible to receive commodities. The state
department of social and health services is authorized to
assist needy families and individuals to obtain federal surplus
commodities for their use, by certifying, when such is the
case, that they are eligible to receive such commodities.
However, only those who are receiving or are eligible for
public assistance or care and such others as may qualify in
accordance with federal requirements and standards shall be
certified as eligible to receive such commodities. [1979 c
141 § 311; 1959 c 26 § 74.04.340. Prior: 1957 c 187 § 2.]
(2004 Ed.)
74.04.385
Purchase of federal property: Chapter 39.32 RCW.
74.04.350
74.04.350 Federal surplus commodities—Not to be
construed as public assistance, eligibility not affected.
Federal surplus commodities shall not be deemed or construed to be public assistance and care or a substitute, in
whole or in part, therefor; and the receipt of such commodities by eligible families and individuals shall not subject
them, their legally responsible relatives, their property or
their estates to any demand, claim or liability on account
thereof. A person's need or eligibility for public assistance or
care shall not be affected by his receipt of federal surplus
commodities. [1959 c 26 § 74.04.350. Prior: 1957 c 187 § 3.]
74.04.360
74.04.360 Federal surplus commodities—Certification deemed administrative expense of department.
Expenditures made by the state department of social and
health services for the purpose of certifying eligibility of
needy families and individuals for federal surplus commodities shall be deemed to be expenditures for the administration
of public assistance and care. [1979 c 141 § 312; 1959 c 26 §
74.04.360. Prior: 1957 c 187 § 4.]
74.04.370
74.04.370 Federal surplus commodities—County
program, expenses, handling of commodities. See RCW
36.39.040.
74.04.380
74.04.380 Federal and other surplus food commodities—Agreements—Personnel—Facilities—Cooperation
with other agencies—Discontinuance of program. The
secretary of social and health services, from funds appropriated to the department for such purpose, shall, upon receipt of
authorization from the governor, provide for the receiving,
warehousing and distributing of federal and other surplus
food commodities for the use and assistance of recipients of
public assistance or other needy families and individuals certified as eligible to obtain such commodities. The secretary is
authorized to enter into such agreements as may be necessary
with the federal government or any state agency in order to
participate in any program of distribution of surplus food
commodities including but not limited to a food stamp or
benefit program. The secretary shall hire personnel, establish
distribution centers and acquire such facilities as may be
required to carry out the intent of this section; and the secretary may carry out any such program as a sole operation of
the department or in conjunction or cooperation with any
similar program of distribution by private individuals or
organizations, any department of the state or any political
subdivision of the state.
The secretary shall discontinue such program, or any
part thereof, whenever in the determination of the governor
such program, or any part thereof, is no longer in the best
interest of the state. [1998 c 79 § 8; 1979 c 141 § 313; 1963
c 219 § 1; 1961 c 112 § 1.]
74.04.385
74.04.385 Unlawful practices relating to surplus
commodities—Penalty. It shall be unlawful for any recipient of federal or other surplus commodities received under
RCW 74.04.380 to sell, transfer, barter or otherwise dispose
of such commodities to any other person. It shall be unlawful
[Title 74 RCW—page 9]
74.04.480
Title 74 RCW: Public Assistance
for any person to receive, possess or use any surplus commodities received under RCW 74.04.380 unless he has been
certified as eligible to receive, possess and use such commodities by the state department of social and health services.
Violation of the provisions of RCW 74.04.380 or this
section shall constitute a misdemeanor and upon conviction
thereof shall be punished by imprisonment in the county jail
for not more than six months or by a fine of not more than
five hundred dollars or both. [1979 c 141 § 314; 1963 c 219
§ 2.]
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
74.04.515
74.04.515 Food stamp program—Discrimination
prohibited. In administering the food stamp or benefits program, there shall be no discrimination against any applicant
or recipient by reason of age, sex, handicap, religious creed,
political beliefs, race, color, or national origin. [1998 c 79 §
11; 1991 c 126 § 4; 1969 ex.s. c 172 § 7.]
74.04.520
74.04.480
74.04.480 Educational leaves of absence for personnel. The state department of social and health services is
hereby authorized to promulgate rules and regulations governing the granting to any employee of the department, other
than a provisional employee, a leave of absence for educational purposes to attend an institution of learning for the purpose of improving his skill, knowledge and technique in the
administration of social welfare programs which will benefit
the department.
Pursuant to the rules and regulations of the department,
employees of the department who are engaged in the administration of public welfare programs may (1) attend courses
of training provided by institutions of higher learning; (2)
attend special courses of study or seminars of short duration
conducted by experts on a temporary basis for the purpose;
(3) accept fellowships or traineeships at institutions of higher
learning with such stipends as are permitted by regulations of
the federal government.
The department of social and health services is hereby
authorized to accept any funds from the federal government
or any other public or private agency made available for
training purposes for public assistance personnel and to conform with such requirements as are necessary in order to
receive such funds. [1979 c 141 § 321; 1963 c 228 § 15.]
74.04.500
74.04.500 Food stamp program—Authorized. The
department is authorized to establish a food stamp or benefit
program under the federal food stamp act of 1977, as
amended. [1998 c 79 § 9; 1991 c 126 § 3; 1979 c 141 § 322;
1969 ex.s. c 172 § 4.]
Overpayment, recovery: RCW 74.04.300.
Unlawful use of food stamps: RCW 9.91.140.
74.04.510
74.04.510 Food stamp program—Rules. The department shall adopt rules conforming to federal laws, rules, and
regulations required to be observed in maintaining the eligibility of the state to receive from the federal government and
to issue or distribute to recipients, food stamps, coupons, or
food stamp or coupon benefits transferred electronically
under a food stamp or benefits plan. Such rules shall relate to
and include, but shall not be limited to: (1) The classifications of and requirements of eligibility of households to
receive food stamps, coupons, or food stamp or coupon benefits transferred electronically; and (2) the periods during
which households shall be certified or recertified to be eligible to receive food stamps, coupons, or food stamp or coupon
benefits transferred electronically under this plan. [1998 c 79
§ 10; 1981 1st ex.s. c 6 § 5; 1981 c 8 § 5; 1969 ex.s. c 172 §
6.]
[Title 74 RCW—page 10]
74.04.520 Food stamp program—Confidentiality.
The provisions of RCW 74.04.060 relating to disclosure of
information regarding public assistance recipients shall apply
to recipients of food stamps or food stamp benefits transferred electronically. [1998 c 79 § 12; 1969 ex.s. c 172 § 8.]
74.04.600
74.04.600 Supplemental security income program—
Purpose. The purpose of RCW 74.04.600 through 74.04.650
is to recognize and accept that certain act of congress known
as Public Law 92-603 and Public Law 93-66, and to enable
the department of social and health services to take advantage
of and implement the provisions of that act. The state shall
provide assistance to those individuals who were eligible or
would have been eligible for benefits under this state's old
age assistance, disability assistance, and aid to the blind programs as they were in effect in December, 1973 but who will
no longer be eligible for such program due to Title XVI of the
Social Security Act. [1973 2nd ex.s. c 10 § 1.]
74.04.610
74.04.610 Supplemental security income program—
Termination of federal financial assistance payments—
Supersession by supplemental security income program.
Effective January 1, 1974, the financial assistance payments
under the federal aid categories of old age assistance, disability assistance, and blind assistance provided in chapters
74.08, *74.10, and 74.16 RCW, respectively, and the corresponding provisions of RCW 74.04.005, shall be terminated
and superseded by the national program to provide supplemental security income to individuals who have attained age
sixty-five or are blind or disabled as established by Public
Law 92-603 and Public Law 93-66: PROVIDED, That the
agreements between the department of social and health services and the United States department of health, education
and welfare receive such legislative authorization and/or ratification as required by **RCW 74.04.630. [1973 2nd ex.s. c
10 § 2.]
Reviser's note: *(1) Chapter 74.10 RCW was repealed by 1981 1st
ex.s. c 6 § 28, effective July 1, 1982; chapter 74.16 RCW was repealed by
1983 c 194 § 30, effective June 30, 1983.
**(2) The legislative authorization and/or ratification requirements in
RCW 74.04.630 were eliminated by 1986 c 158 § 22.
74.04.620
74.04.620 State supplement to national program of
supplemental security income—Authorized—Reimbursement of interim assistance, attorneys' fees. (1) The
department is authorized to establish a program of state supplementation to the national program of supplemental security income consistent with Public Law 92-603 and Public
Law 93-66 to those persons who are in need thereof in accordance with eligibility requirements established by the department.
(2004 Ed.)
General Provisions—Administration
(2) The department is authorized to establish reasonable
standards of assistance and resource and income exemptions
specifically for such program of state supplementation which
shall be consistent with the provisions of the Social Security
Act.
(3) The department is authorized to make payments to
applicants for supplemental security income, pursuant to
agreements as provided in Public Law 93-368, who are otherwise eligible for general assistance.
(4) Any agreement between the department and a supplemental security income applicant providing for the reimbursement of interim assistance to the department shall provide, if the applicant has been represented by an attorney, that
twenty-five percent of the reimbursement received shall be
withheld by the department and all or such portion thereof as
has been approved as a fee by the United States department of
health and human services shall be released directly to the
applicant's attorney. The secretary may maintain such records
as are deemed appropriate to measure the cost and effectiveness of such agreements and may make recommendations
concerning the continued use of such agreements to the legislature. [1983 1st ex.s. c 41 § 37; 1981 1st ex.s. c 6 § 7; 1981
c 8 § 6; 1973 2nd ex.s. c 10 § 3.]
Retroactive application—1983 1st ex.s. c 41 § 37: "Section 37, chapter 41, Laws of 1983 1st ex. sess. shall be applied retroactively by the department of social and health services to all reimbursement of interim assistance
received on or after August 23, 1983, so long as the attorney of the applicant
for whom reimbursement is received began representing the applicant on or
after August 23, 1983." [1985 c 100 § 1.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
74.04.630
74.04.630 State supplementation to national program of supplemental security income—Contractual
agreements with federal government. The department may
enter into contractual agreements with the United States
department of health, education and welfare, consistent with
the provisions of Public Laws 92-603 and 93-66, and to be
effective January 1, 1974, for the purpose of enabling the secretary of the department of health, education and welfare to
perform administrative functions of state supplementation to
the national supplemental security income program and the
determination of medicaid eligibility on behalf of the state.
The department is authorized to transfer and make payments
of state funds to the secretary of the department of health,
education and welfare as required by Public Laws 92-603 and
93-66. These agreements shall be submitted for review and
comment to the social and health services committees of the
senate and house of representatives. The department of social
and health services shall administer the state supplemental
program as established in RCW 74.04.620. [2001 2nd sp.s. c
5 § 1; 1986 c 158 § 22; 1973 2nd ex.s. c 10 § 4.]
74.04.635
74.04.635 State supplement to national program of
supplemental security income—World War II Philippine
veterans. (1) Notwithstanding any other provision of law,
any person receiving benefits under RCW 74.04.620 on
December 14, 1999, and who meets the requirements of subsection (2) of this section is eligible to receive benefits under
this section although he or she does not retain a residence in
(2004 Ed.)
74.04.640
the state and returns to the Republic of the Philippines, if he
or she maintains a permanent residence in the Republic of the
Philippines without any lapse of his or her presence in the
Republic of the Philippines.
(2) A person subject to subsection (1) of this section is
eligible to receive benefits pursuant to this section if he or she
was receiving benefits pursuant to RCW 74.04.620 on
December 14, 1999, and meets both the following requirements:
(a) He or she is a veteran of World War II; and
(b)(i) He or she was a member of the government of the
Commonwealth of the Philippines military forces who was in
the service of the United States on July 26, 1941, or thereafter; or
(ii) He or she was a Regular Philippine Scout who
enlisted in Filipino-manned units of the United States army
prior to October 6, 1945; or
(iii) He or she was a member of the Special Philippine
Scouts who enlisted in the United States Armed Forces
between October 6, 1945, and June 30, 1947.
(3) Within funds appropriated for this purpose, the
department is authorized to make a one-time lump sum payment of one thousand five hundred dollars to each person eligible for benefits under this section.
(a) Benefits paid under this section are in lieu of benefits
paid under RCW 74.04.620 for the period for which the benefits are paid.
(b) Benefits are to be paid under this section for any
period during which the recipient is receiving benefits under
Title 8 of the federal social security act as a result of the
application of federal Public Law 106-169, subject to any
limitations imposed by this section.
(4) This section applies only to an individual who returns
to the Republic of the Philippines for the period during which
the individual establishes and maintains a residence in the
Republic of the Philippines. [2001 c 111 § 2.]
Findings—2001 c 111: "The legislature finds and declares:
(1) That soldiers who were members of the government of the
Commonwealth of the Philippines military forces who were in the service of
the United States of America on July 31, 1941, including the organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief of the Southwest Pacific Area or other
competent authority in the Army of the United States, performed an invaluable function during World War II.
(2) It is in the public interest for the state of Washington to recognize
those courageous soldiers who fought and defended American interests during World War II and who are currently receiving supplemental state benefits under RCW 74.04.620 as of December 14, 1999, by permitting them to
return to their homeland to spend their last days without a complete forfeiture of benefits." [2001 c 111 § 1.]
74.04.640
74.04.640 Acceptance of referrals for vocational
rehabilitation—Reimbursement. Referrals to the state
department of social and health services for vocational rehabilitation made in accordance with section 1615 of Title XVI
of the Social Security Act, as amended, shall be accepted by
the state.
The department shall be reimbursed by the secretary of
the department of health, education and welfare for the costs
it incurs in providing such vocational rehabilitation services.
[1973 2nd ex.s. c 10 § 5.]
[Title 74 RCW—page 11]
74.04.650
Title 74 RCW: Public Assistance
74.04.650
74.04.650 Individuals failing to comply with federal
requirements. Notwithstanding any other provisions of
RCW 74.04.600 through 74.04.650, those individuals who
have been receiving supplemental security income assistance
and failed to comply with any federal requirements, including
those relating to drug abuse and alcoholism treatment and
rehabilitation, shall be ineligible for state assistance. [1981
1st ex.s. c 6 § 8; 1981 c 8 § 7; 1973 2nd ex.s. c 10 § 6.]
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
74.04.660
74.04.660 Family emergency assistance program.
The department shall establish a consolidated emergency
assistance program for families with children. Assistance
may be provided in accordance with this section.
(1) Benefits provided under this program shall be limited
to one period of time, as determined by the department,
within any consecutive twelve-month period.
(2) Benefits under this program shall be provided to alleviate emergent conditions resulting from insufficient income
and resources to provide for: Food, shelter, clothing, medical
care, or other necessary items, as defined by the department.
Benefits may also be provided for family reconciliation services, family preservation services, home-based services,
short-term substitute care in a licensed agency as defined in
RCW 74.15.020, crisis nurseries, therapeutic child care, or
other necessary services as defined by the department. Benefits shall be provided only in an amount sufficient to cover
the cost of the specific need, subject to the limitations established in this section.
(3)(a) The department shall, by rule, establish assistance
standards and eligibility criteria for this program in accordance with this section.
(b) Eligibility for benefits or services under this section
does not automatically entitle a recipient to medical assistance.
(4) The department shall seek federal emergency assistance funds to supplement the state funds appropriated for the
operation of this program as long as other departmental programs are not adversely affected by the receipt of federal
funds.
(5) If state funds appropriated for the consolidated emergency assistance program are exhausted, the department may
discontinue the program. [1994 c 296 § 1; 1993 c 63 § 1;
1989 c 11 § 26; 1985 c 335 § 3; 1981 1st ex.s. c 6 § 6.]
Severability—1989 c 11: See note following RCW 9A.56.220.
must apply for and take all reasonable actions necessary to
establish and maintain eligibility for food stamps or food
stamp benefits transferred electronically. [1998 c 79 § 13;
1981 2nd ex.s. c 10 § 1.]
74.04.760
74.04.760 Minimum amount of monthly assistance
payments. Payment of assistance shall not be made for any
month if the payment prior to any adjustments would be less
than ten dollars. However, if payment is denied solely by reason of this section, the individual with respect to whom such
payment is denied is determined to be a recipient of assistance for purposes of eligibility for other programs of assistance except for a community work experience program.
[1981 2nd ex.s. c 10 § 2.]
74.04.770
74.04.770 Consolidated standards of need—Rateable
reductions—Grant maximums. The department shall
establish consolidated standards of need each fiscal year
which may vary by geographical areas, program, and family
size, for temporary assistance for needy families, refugee
assistance, supplemental security income, and general assistance. Standards for temporary assistance for needy families,
refugee assistance, and general assistance shall be based on
studies of actual living costs and generally recognized inflation indices and shall include reasonable allowances for shelter, fuel, food, transportation, clothing, household maintenance and operations, personal maintenance, and necessary
incidentals. The standard of need may take into account the
economies of joint living arrangements, but unless explicitly
required by federal statute, there shall not be proration of any
portion of assistance grants unless the amount of the grant
standard is equal to the standard of need.
The department is authorized to establish rateable reductions and grant maximums consistent with federal law.
Payment level will be equal to need or a lesser amount if
rateable reductions or grant maximums are imposed. In no
case shall a recipient of supplemental security income receive
a state supplement less than the minimum required by federal
law.
The department may establish a separate standard for
shelter provided at no cost. [1997 c 59 § 11; 1983 1st ex.s. c
41 § 38; 1981 2nd ex.s. c 10 § 4.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Chapter 74.08
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
74.04.750
74.04.750 Reporting requirements—Food stamp
allotments and rent or housing subsidies, consideration as
income. (1) Applicants and recipients under this title must
satisfy all reporting requirements imposed by the department.
(2) The secretary shall have the discretion to consider:
(a) Food stamp allotments or food stamp benefits transferred
electronically and/or (b) rent or housing subsidies as income
in determining eligibility for and assistance to be provided by
public assistance programs. If the department considers food
stamp allotments or food stamp benefits transferred electronically as income in determining eligibility for assistance,
applicants or recipients for any grant assistance program
[Title 74 RCW—page 12]
Chapter 74.08 RCW
ELIGIBILITY GENERALLY—
STANDARDS OF ASSISTANCE
Sections
74.08.025
74.08.030
74.08.043
74.08.044
74.08.045
74.08.046
74.08.050
74.08.055
Eligibility for public assistance—Temporary assistance for
needy families—Limitations for new residents, drug or alcohol-dependent persons, and former felons—Eligibility for
federal food assistance.
Old age assistance eligibility requirements.
Need for personal and special care—Authority to consider in
determining living requirements.
Need for personal and special care—Licensing—Rules and
regulations.
Need for personal and special care—Purchase of personal and
special care by department.
Energy assistance allowance.
Applications for grants.
Verification of applications—Penalty.
(2004 Ed.)
Eligibility Generally—Standards of Assistance
74.08.060
74.08.080
74.08.090
74.08.100
74.08.105
74.08.210
74.08.260
74.08.278
74.08.280
74.08.283
74.08.290
74.08.331
74.08.335
74.08.338
74.08.340
74.08.370
74.08.380
74.08.390
74.08.580
74.08.900
Action on applications—Contingent eligibility—Employment
and training services.
Grievances—Departmental and judicial review.
Rule-making authority and enforcement.
Age and residency verification—Felony.
Out-of-state recipients.
Grants not assignable nor subject to execution.
Federal act to control in event of conflict.
Central operating fund established.
Payments to persons incapable of self-care—Protective payee
services.
Services provided to attain self-care.
Suspension of payments—Need lapse—Imprisonment—Conviction under RCW 74.08.331.
Unlawful practices—Obtaining assistance—Disposal of
realty—Penalties.
Transfers of property to qualify for assistance.
Real property transfers for inadequate consideration.
No vested rights conferred.
Old age assistance grants charged against general fund.
Acceptance of federal act.
Research, projects, to effect savings by restoring self-support—Waiver of public assistance requirements.
Electronic benefit cards—Prohibited uses—Violations.
Limited application.
74.08.044
alcohol and substance abuse program as drug or alcoholdependent and requiring treatment to become employable
shall be required by the department to participate in a drug or
alcohol treatment program as a condition of benefit receipt.
(4) In order to be eligible for temporary assistance for
needy families benefits, any applicant with a felony conviction after August 21, 1996, involving drug use or possession,
must: (a) Have been assessed as chemically dependent by a
chemical dependency program approved under chapter
70.96A RCW and be participating in or have completed a
coordinated rehabilitation plan consisting of chemical dependency treatment and vocational services; and (b) have not
been convicted of a felony involving drug use or possession
in the three years prior to the most current conviction.
(5) Pursuant to 21 U.S.C. 862a(d)(1), the department
shall exempt individuals from the eligibility restrictions of 21
U.S.C. 862a(a)(2) to ensure eligibility for federal food assistance. [2004 c 54 § 5; 1997 c 58 § 101; 1981 1st ex.s. c 6 § 9;
1981 c 8 § 8; 1980 c 79 § 1; 1971 ex.s. c 169 § 1; 1967 ex.s.
c 31 § 1; 1959 c 26 § 74.08.025. Prior: 1953 c 174 § 19.]
74.08.025
74.08.025 Eligibility for public assistance—Temporary assistance for needy families—Limitations for new
residents, drug or alcohol-dependent persons, and former
felons—Eligibility for federal food assistance. (1) Public
assistance may be awarded to any applicant:
(a) Who is in need and otherwise meets the eligibility
requirements of department assistance programs; and
(b) Who has not made a voluntary assignment of property or cash for the purpose of qualifying for an assistance
grant; and
(c) Who is not an inmate of a public institution except as
a patient in a medical institution or except as an inmate in a
public institution who could qualify for federal aid assistance: PROVIDED, That the assistance paid by the department to recipients in nursing homes, or receiving nursing
home care, may cover the cost of clothing and incidentals and
general maintenance exclusive of medical care and health
services. The department may pay a grant to cover the cost of
clothing and personal incidentals in public or private medical
institutions and institutions for tuberculosis. The department
shall allow recipients in nursing homes to retain, in addition
to the grant to cover the cost of clothing and incidentals,
wages received for work as a part of a training or rehabilitative program designed to prepare the recipient for less restrictive placement to the extent permitted under Title XIX of the
federal social security act.
(2) Any person otherwise qualified for temporary assistance for needy families under this title who has resided in the
state of Washington for fewer than twelve consecutive
months immediately preceding application for assistance is
limited to the benefit level in the state in which the person
resided immediately before Washington, using the eligibility
rules and other definitions established under this chapter, that
was obtainable on the date of application in Washington
state, if the benefit level of the prior state is lower than the
level provided to similarly situated applicants in Washington
state. The benefit level under this subsection shall be in
effect for the first twelve months a recipient is on temporary
assistance for needy families in Washington state.
(3) Any person otherwise qualified for temporary assistance for needy families who is assessed through the state
(2004 Ed.)
Findings—Conflict with federal requirements—2004 c 54: See
notes following RCW 28A.235.160.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
74.08.030
74.08.030 Old age assistance eligibility requirements.
In addition to meeting the eligibility requirements of RCW
74.08.025, an applicant for old age assistance must be an
applicant who:
(1) Has attained the age of sixty-five: PROVIDED, That
if an applicant for old age assistance is already on the assistance rolls in some other program or category of assistance,
such applicant shall be considered eligible the first of the
month immediately preceding the date on which such applicant will attain the age of sixty-five; and
(2) Is a resident of the state of Washington. [1971 ex.s.
c 169 § 2; 1961 c 248 § 1; 1959 c 26 § 74.08.030. Prior: 1953
c 174 § 20; 1951 c 165 § 1; 1951 c 1 § 5 (Initiative Measure
No. 178, approved November 7, 1950); 1949 c 6 § 4; Rem.
Supp. 1949 § 9998-33d.]
74.08.043
74.08.043 Need for personal and special care—
Authority to consider in determining living requirements.
In determining the living requirements of otherwise eligible
applicants and recipients of supplemental security income
and general assistance, the department is authorized to consider the need for personal and special care and supervision
due to physical and mental conditions. [1981 1st ex.s. c 6 §
12; 1981 c 8 § 11; 1969 ex.s. c 172 § 10.]
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
74.08.044
74.08.044 Need for personal and special care—
Licensing—Rules and regulations. The department is
authorized to promulgate rules and regulations establishing
eligibility for alternate living arrangements, and license the
same, including minimum standards of care, based upon need
[Title 74 RCW—page 13]
74.08.045
Title 74 RCW: Public Assistance
for personal care and supervision beyond the level of board
and room only, but less than the level of care required in a
hospital or a nursing facility as defined in the federal social
security act. [1991 sp.s. c 8 § 5; 1975-'76 2nd ex.s. c 52 § 1;
1969 ex.s. c 172 § 11.]
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
74.08.045
74.08.045 Need for personal and special care—Purchase of personal and special care by department. The
department may purchase such personal and special care at
reasonable rates established by the department from substitute homes and intermediate care facilities providing [provided] this service is in compliance with standards of care
established by the regulations of the department. [1969 ex.s.
c 172 § 12.]
74.08.046
74.08.046 Energy assistance allowance. There is designated to be included in the public assistance payment level
a monthly energy assistance allowance. The allowance shall
be excluded from consideration as income for the purpose of
determining eligibility and benefit levels of food stamp or
benefits program recipients to the maximum extent exclusion
is authorized by federal law. The allowance shall be calculated on a seasonal basis for the period of November 1st
through April 30th. [1998 c 79 § 14; 1982 c 127 § 1.]
Legislative intent—1982 c 127: "It is the continuing intention of the
legislature that first priority in the use of increased appropriations, expenditures, and payment levels for the 1981-83 biennium to income assistance
recipients be for an energy allowance to offset the high and escalating costs
of energy. Of the total amount appropriated or transferred for public assistance, an amount not to exceed $50,000,000 is designated as energy assistance allowance to meet the high cost of energy. This designation is consistent with the legislative intent of section 11, chapter 6, Laws of 1981 1st ex.
sess. to assist public assistance recipients in meeting the high costs of
energy." [1982 c 127 § 2.]
Effective date—1982 c 127: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect April 1,
1982." [1982 c 127 § 4.]
74.08.050
74.08.050 Applications for grants. Application for a
grant in any category of public assistance shall be made to the
county office by the applicant or by another on his behalf, and
shall be reduced to writing upon standard forms prescribed
by the department, and a written acknowledgment of receipt
of the application by the department shall be given to each
applicant at the time of making application. [1971 ex.s. c 169
§ 3; 1959 c 26 § 74.08.050. Prior: 1953 c 174 § 26; 1949 c 6
§ 6; Rem. Supp. 1949 § 9998-33f.]
74.08.055
74.08.055 Verification of applications—Penalty. (1)
Each applicant for or recipient of public assistance shall
make an application for assistance which shall contain or be
verified by a written declaration that it is made under the penalties of perjury. The secretary, by rule and regulation, may
require that any other forms filled out by applicants or recipients of public assistance shall contain or be verified by a
written declaration that it is made under the penalties of perjury and such declaration shall be in lieu of any oath otherwise required, and each applicant shall be so informed at the
time of the signing.
[Title 74 RCW—page 14]
(2) Any applicant for or recipient of public assistance
who willfully makes and subscribes any application, statement or other paper which contains or is verified by a written
declaration that it is made under the penalties of perjury and
which he or she does not believe to be true and correct as to
every material matter is guilty of a class B felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 366; 1979 c
141 § 323; 1959 c 26 § 74.08.055. Prior: 1953 c 174 § 27.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
74.08.060
74.08.060 Action on applications—Contingent eligibility—Employment and training services. The department shall be required to approve or deny the application
within forty-five days after the filing thereof and shall immediately notify the applicant in writing of its decision: PROVIDED, That if the department is not able within forty-five
days, despite due diligence, to secure all information necessary to establish his eligibility, the department is charged to
continue to secure such information and if such information,
when established, makes applicant eligible, the department
shall pay his grant from date of authorization or forty-five
days after date of application whichever is sooner.
Any person currently ineligible, who will become eligible after the occurrence of a specific event, may apply for
assistance within forty-five days of that event.
The department is authorized, in respect to work requirements, to provide employment and training services, including job search, job placement, work orientation, and necessary support services to verify eligibility. [1985 c 335 § 4;
1981 1st ex.s. c 6 § 13; 1969 ex.s. c 173 § 6; 1959 c 26 §
74.08.060. Prior: 1953 c 174 § 28; 1949 c 6 § 7; Rem. Supp.
1949 § 9998-33g.]
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
74.08.080
74.08.080 Grievances—Departmental and judicial
review. (1)(a) A public assistance applicant or recipient who
is aggrieved by a decision of the department or an authorized
agency of the department has the right to an adjudicative proceeding. A current or former recipient who is aggrieved by a
department claim that he or she owes a debt for an overpayment of assistance or food stamps or food stamp benefits
transferred electronically, or both, has the right to an adjudicative proceeding.
(b) An applicant or recipient has no right to an adjudicative proceeding when the sole basis for the department's decision is a state or federal law that requires an assistance adjustment for a class of recipients.
(2) The adjudicative proceeding is governed by the
Administrative Procedure Act, chapter 34.05 RCW, and this
subsection.
(a) The applicant or recipient must file the application
for an adjudicative proceeding with the secretary within
ninety days after receiving notice of the aggrieving decision.
(b) The hearing shall be conducted at the local community services office or other location in Washington convenient to the appellant.
(c) The appellant or his or her representative has the right
to inspect his or her department file and, upon request, to
(2004 Ed.)
Eligibility Generally—Standards of Assistance
receive copies of department documents relevant to the proceedings free of charge.
(d) The appellant has the right to a copy of the tape
recording of the hearing free of charge.
(e) The department is limited to recovering an overpayment arising from assistance being continued pending the
adjudicative proceeding to the amount recoverable up to the
sixtieth day after the secretary's receipt of the application for
an adjudicative proceeding.
(f) If the final adjudicative order is made in favor of the
appellant, assistance shall be paid from the date of denial of
the application for assistance or thirty days following the date
of application for temporary assistance for needy families or
forty-five days after date of application for all other programs, whichever is sooner; or in the case of a recipient, from
the effective date of the local community services office decision.
(g) This subsection applies only to an adjudicative proceeding in which the appellant is an applicant for or recipient
of medical assistance or the limited casualty program for the
medically needy and the issue is his or her eligibility or ineligibility due to the assignment or transfer of a resource. The
burden is on the department to prove by a preponderance of
the evidence that the person knowingly and willingly
assigned or transferred the resource at less than market value
for the purpose of qualifying or continuing to qualify for
medical assistance or the limited casualty program for the
medically needy. If the prevailing party in the adjudicative
proceeding is the applicant or recipient, he or she is entitled
to reasonable attorney's fees.
(3) When a person files a petition for judicial review as
provided in RCW 34.05.514 of an adjudicative order entered
in a public assistance program, no filing fee shall be collected
from the person and no bond shall be required on any appeal.
In the event that the superior court, the court of appeals, or the
supreme court renders a decision in favor of the appellant,
said appellant shall be entitled to reasonable attorneys' fees
and costs. If a decision of the court is made in favor of the
appellant, assistance shall be paid from date of the denial of
the application for assistance or thirty days after the application for temporary assistance for needy families or forty-five
days following the date of application, whichever is sooner;
or in the case of a recipient, from the effective date of the
local community services office decision. [1998 c 79 § 15;
1997 c 59 § 12; 1989 c 175 § 145; 1988 c 202 § 58; 1971 c 81
§ 136; 1969 ex.s. c 172 § 2; 1959 c 26 § 74.08.080. Prior:
1953 c 174 § 31; 1949 c 6 § 9; Rem. Supp. 1949 § 9998-33i.]
Effective date—1989 c 175: See note following RCW 34.05.010.
74.08.260
tion in the office of the department and in each county office.
[1969 ex.s. c 173 § 5; 1959 c 26 § 74.08.090. Prior: 1953 c
174 § 5; 1949 c 6 § 10; Rem. Supp. 1949 § 9998-33j.]
74.08.100
74.08.100 Age and residency verification—Felony.
Proof of age and length of residence in the state of any applicant may be established as provided by the rules and regulations of the department: PROVIDED, That if an applicant is
unable to establish proof of age or length of residence in the
state by any other method he or she may make a statement
under oath of his or her age on the date of application or the
length of his or her residence in the state, before any judge of
the superior court, any judge of the court of appeals, or any
justice of the supreme court of the state of Washington, and
such statement shall constitute sufficient proof of age of
applicant or of length of residence in the state: PROVIDED
HOWEVER, That any applicant who willfully makes a false
statement as to his or her age or length of residence in the
state under oath before a judge of the superior court, a judge
of the court of appeals, or a justice of the supreme court, as
provided above, shall be guilty of a class B felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 367; 1971 c
81 § 137; 1959 c 26 § 74.08.100. Prior: 1949 c 6 § 11; Rem.
Supp. 1949 § 9998-33k.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
74.08.105
74.08.105 Out-of-state recipients. No assistance payments shall be made to recipients living outside the state of
Washington unless in the discretion of the secretary there is
sound social reason for such out-of-state payments: PROVIDED, That the period for making such payments when
authorized shall not exceed the length of time required to satisfy the residence requirements in the other state in order to
be eligible for a grant in the same category of assistance as
the recipient was eligible to receive in Washington. [1979 c
141 § 325; 1959 c 26 § 74.08.105. Prior: 1953 c 174 § 39.]
74.08.210
74.08.210 Grants not assignable nor subject to execution. Grants awarded under this title shall not be transferable
or assignable, at law or in equity, and none of the money paid
or payable under this title shall be subject to execution, levy,
attachment, garnishment, or other legal process, or to the
operation of bankruptcy or insolvency law. [1959 c 26 §
74.08.210. Prior: 1941 c 1 § 16; 1935 c 182 § 17; 1933 c 29
§ 13; Rem. Supp. 1941 § 9998-49.]
Severability—1988 c 202: See note following RCW 2.24.050.
74.08.260
74.08.090
74.08.090 Rule-making authority and enforcement.
The department is hereby authorized to make rules and regulations not inconsistent with the provisions of this title to the
end that this title shall be administered uniformly throughout
the state, and that the spirit and purpose of this title may be
complied with. The department shall have the power to compel compliance with the rules and regulations established by
it. Such rules and regulations shall be filed in accordance
with the Administrative Procedure Act, as it is now or hereafter amended, and copies shall be available for public inspec(2004 Ed.)
74.08.260 Federal act to control in event of conflict.
If any plan of administration of this title submitted to the federal security agency shall be found to be not in conformity
with the federal social security act by reason of any conflict
of any section, portion, clause or part of this title and the federal social security act, such conflicting section, portion,
clause or part of this title is hereby declared to be inoperative
to the extent that it is so in conflict, and such finding or determination shall not affect the remainder of this title. [1959 c
26 § 74.08.260. Prior: 1949 c 6 § 17; Rem. Supp. 1949 §
9998-33q.]
[Title 74 RCW—page 15]
74.08.278
Title 74 RCW: Public Assistance
74.08.278
74.08.278 Central operating fund established. In
order to comply with federal statutes and regulations pertaining to federal matching funds and to provide for the prompt
payment of initial grants and adjusting payments of grants the
secretary is authorized to make provisions for the cash payment of assistance by the secretary or county administrators
by the establishment of a central operating fund. The secretary may establish such a fund with the approval of the state
auditor from moneys appropriated to the department for the
payment of general assistance in a sum not to exceed one million dollars. Such funds shall be deposited as agreed upon by
the secretary and the state auditor in accordance with the laws
regulating the deposits of public funds. Such security shall be
required of the depository in connection with the fund as the
state treasurer may prescribe. Moneys remaining in the fund
shall be returned to the general fund at the end of the biennium, or an accounting of proper expenditures from the fund
shall be made to the state auditor. All expenditures from such
central operating fund shall be reimbursed out of and charged
to the proper program appropriated by the use of such forms
and vouchers as are approved by the secretary of the department and the state auditor. Expenditures from such fund shall
be audited by the director of financial management and the
state auditor from time to time and a report shall be made by
the state auditor and the secretary as are required by law.
[1979 c 141 § 327; 1959 c 26 § 74.08.278. Prior: 1953 c 174
§ 42; 1951 c 261 § 1.]
74.08.280
74.08.280 Payments to persons incapable of selfcare—Protective payee services. If any person receiving
public assistance has demonstrated an inability to care for
oneself or for money, the department may direct the payment
of the installments of public assistance to any responsible
person, social service agency, or corporation or to a legally
appointed guardian for his benefit. The state may contract
with persons, social service agencies, or corporations
approved by the department to provide protective payee services for a fixed amount per recipient receiving protective
payee services to cover administrative costs. The department
may by rule specify a fee to cover administrative costs. Such
fee shall not be withheld from a recipient's grant.
If the state requires the appointment of a guardian for
this purpose, the department shall pay all costs and reasonable fees as fixed by the court. [1987 c 406 § 10; 1979 c 141
§ 328; 1959 c 26 § 74.08.280. Prior: 1953 c 174 § 40; 1937 c
156 § 7; 1935 c 182 § 10; RRS § 9998-10.]
Living situation presumption: RCW 74.12.255, 74.04.0052.
74.08.283
74.08.283 Services provided to attain self-care. The
department is authorized to provide such social and related
services as are reasonably necessary to the end that applicants
for or recipients of public assistance are helped to attain selfcare. [1963 c 228 § 16; 1959 c 26 § 74.08.283. Prior: 1957 c
63 § 6.]
74.08.290
74.08.290 Suspension of payments—Need lapse—
Imprisonment—Conviction under RCW 74.08.331. The
department is hereby authorized to suspend temporarily the
public assistance granted to any person for any period during
which such person is not in need thereof.
[Title 74 RCW—page 16]
If a recipient is convicted of any crime or offense, and
punished by imprisonment, no payment shall be made during
the period of imprisonment.
If a recipient is convicted of unlawful practices under
RCW 74.08.331, no payment shall be made for a period to be
determined by the court, but in no event less than six months
upon the first conviction and no less than twelve months for a
second or subsequent violation. This suspension of public
assistance shall apply regardless of whether the recipient is
subject to complete or partial confinement upon conviction,
or incurs some lesser penalty. [1995 c 379 § 2; 1959 c 26 §
74.08.290. Prior: 1953 c 174 § 38; 1935 c 182 § 12; RRS §
9998-12.]
Finding—1995 c 379: "The legislature finds that welfare fraud damages the state's ability to use its limited resources to help those in need who
legitimately qualify for assistance. In addition, it affects the credibility and
integrity of the system, promoting disdain for the law.
Persons convicted of committing such fraud should be barred, for a
period of time, from receiving additional public assistance." [1995 c 379 §
1.]
74.08.331
74.08.331 Unlawful practices—Obtaining assistance—Disposal of realty—Penalties. (1) Any person who
by means of a willfully false statement, or representation, or
impersonation, or a willful failure to reveal any material fact,
condition, or circumstance affecting eligibility or need for
assistance, including medical care, surplus commodities, and
food stamps or food stamp benefits transferred electronically,
as required by law, or a willful failure to promptly notify the
county office in writing as required by law or any change in
status in respect to resources, or income, or need, or family
composition, money contribution and other support, from
whatever source derived, including unemployment insurance, or any other change in circumstances affecting the person's eligibility or need for assistance, or other fraudulent
device, obtains, or attempts to obtain, or aids or abets any person to obtain any public assistance to which the person is not
entitled or greater public assistance than that to which he or
she is justly entitled is guilty of theft in the first degree under
RCW 9A.56.030 and upon conviction thereof shall be punished by imprisonment in a state correctional facility for not
more than fifteen years.
(2) Any person who by means of a willfully false statement or representation or by impersonation or other fraudulent device aids or abets in buying, selling, or in any other
way disposing of the real property of a recipient of public
assistance without the consent of the secretary is guilty of a
gross misdemeanor and upon conviction thereof shall be punished by imprisonment for not more than one year in the
county jail or a fine of not to exceed one thousand dollars or
by both. [2003 c 53 § 368; 1998 c 79 § 16; 1997 c 58 § 303;
1992 c 7 § 59; 1979 c 141 § 329; 1965 ex.s. c 34 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
74.08.335
74.08.335 Transfers of property to qualify for assistance. Temporary assistance for needy families and general
assistance shall not be granted to any person who has made
(2004 Ed.)
Eligibility Generally—Standards of Assistance
an assignment or transfer of property for the purpose of rendering himself or herself eligible for the assistance. There is a
rebuttable presumption that a person who has transferred or
transfers any real or personal property or any interest in property within two years of the date of application for the assistance without receiving adequate monetary consideration
therefor, did so for the purpose of rendering himself or herself eligible for the assistance. Any person who transfers
property for the purpose of rendering himself or herself eligible for assistance, or any person who after becoming a recipient transfers any property or any interest in property without
the consent of the secretary, shall be ineligible for assistance
for a period of time during which the reasonable value of the
property so transferred would have been adequate to meet the
person's needs under normal conditions of living: PROVIDED, That the secretary is hereby authorized to allow
exceptions in cases where undue hardship would result from
a denial of assistance. [1997 c 59 § 13; 1980 c 79 § 2; 1979 c
141 § 330; 1959 c 26 § 74.08.335. Prior: 1953 c 174 § 33.]
74.08.338
74.08.338 Real property transfers for inadequate
consideration. When the consideration for a deed executed
and delivered by a recipient is not paid, or when the consideration does not approximate the fair cash market value of the
property, such deed shall be prima facie fraudulent as to the
state and the department may proceed under RCW
43.20B.660. [1987 c 75 § 40; 1979 c 141 § 331; 1959 c 26 §
74.08.338. Prior: 1953 c 174 § 37.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
74.08.340
74.08.340 No vested rights conferred. All assistance
granted under this title shall be deemed to be granted and to
be held subject to the provisions of any amending or repealing act that may hereafter be enacted, and no recipient shall
have any claim for compensation, or otherwise, by reason of
his assistance being affected in any way by such amending or
repealing act. There is no legal entitlement to public assistance. [1997 c 58 § 102; 1959 c 26 § 74.08.340. Prior: 1935
c 182 § 21; RRS § 9998-21.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
74.08.370
74.08.370 Old age assistance grants charged against
general fund. All old age assistance grants under this title
shall be a charge against and payable out of the general fund
of the state. Payment thereof shall be by warrant drawn upon
vouchers duly prepared and verified by the secretary of the
department of social and health services or his official representative. [1973 c 106 § 33; 1959 c 26 § 74.08.370. Prior:
1935 c 182 § 24; RRS § 9998-24. FORMER PART OF SECTION: 1935 c 182 § 25; RRS § 9998-25, now codified as
RCW 74.08.375.]
74.08.380
74.08.380 Acceptance of federal act. The state hereby
accepts the provisions of that certain act of the congress of
the United States entitled, An Act to provide for the general
welfare by establishing a system of federal old age benefits,
and by enabling the several states to make more adequate
(2004 Ed.)
74.08.900
provisions for aged persons, blind persons, dependent and
crippled children, maternal and child welfare, public health,
and the administration of their unemployment compensation
laws; to establish a social security board; to raise revenue;
and for other purposes, and such other act with like or similar
objects as may be enacted. [1959 c 26 § 74.08.380. Prior:
1937 c 156 § 12; 1935 c 182 § 26; RRS § 9998-26.]
74.08.390
74.08.390 Research, projects, to effect savings by
restoring self-support—Waiver of public assistance
requirements. The department of social and health services
may conduct research studies, pilot projects, demonstration
projects, surveys and investigations for the purpose of determining methods to achieve savings in public assistance programs by means of restoring individuals to maximum selfsupport and personal independence and preventing social and
physical disablement, and for the accomplishment of any of
such purposes may employ consultants or enter into contracts
with any agency of the federal, state or local governments,
nonprofit corporations, universities or foundations.
Pursuant to this authority the department may waive the
enforcement of specific statutory requirements, regulations,
and standards in one or more counties or on a statewide basis
by formal order of the secretary. The order establishing the
waiver shall provide alternative methods and procedures of
administration, shall not be in conflict with the basic purposes, coverage, or benefits provided by law, shall not be
general in scope but shall apply only for the duration of such
a project and shall not take effect unless the secretary of
health, education and welfare of the United States has agreed,
for the same project, to waive the public assistance plan
requirements relative to statewide uniformity. [1979 c 141 §
332; 1969 ex.s. c 173 § 7; 1963 c 228 § 17.]
74.08.580
74.08.580 Electronic benefit cards—Prohibited
uses—Violations. (1) Any person receiving public assistance is prohibited from using electronic benefit cards or cash
obtained with electronic benefit cards:
(a) For the purpose of participating in any of the activities authorized under chapter 9.46 RCW;
(b) For the purpose of parimutuel wagering authorized
under chapter 67.16 RCW; or
(c) To purchase lottery tickets or shares authorized under
chapter 67.70 RCW.
(2)(a) The department shall notify, in writing, all recipients of electronic benefit cards that any violation of subsection (1) of this section could result in legal proceedings and
forfeiture of all cash public assistance.
(b) Whenever the department receives notice that a person has violated subsection (1) of this section, the department
shall notify the person in writing that the violation could
result in legal proceedings and forfeiture of all cash public
assistance.
(c) The department shall assign a protective payee to the
person receiving public assistance who violates subsection
(1) of this section. [2002 c 252 § 1.]
74.08.900
74.08.900 Limited application. Nothing in this chapter
except RCW 74.08.070 and 74.08.080 applies to chapter
74.50 RCW. [1989 c 3 § 3.]
[Title 74 RCW—page 17]
Chapter 74.08A
Title 74 RCW: Public Assistance
Chapter 74.08A RCW
WASHINGTON WORKFIRST TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES
Chapter 74.08A
Sections
74.08A.010
74.08A.020
74.08A.030
74.08A.040
74.08A.050
74.08A.060
74.08A.100
74.08A.110
74.08A.120
74.08A.130
74.08A.200
74.08A.210
74.08A.220
74.08A.230
74.08A.240
74.08A.250
74.08A.260
74.08A.270
74.08A.275
74.08A.280
74.08A.285
74.08A.290
74.08A.300
74.08A.310
74.08A.320
74.08A.330
74.08A.340
74.08A.350
74.08A.380
74.08A.400
74.08A.410
74.08A.420
74.08A.430
74.08A.900
74.08A.901
74.08A.902
74.08A.903
74.08A.904
Time limits—Transitional food stamp assistance.
Electronic benefit transfer.
Provision of services by religiously affiliated organizations—Rules.
Indian tribes—Program access—Funding—Rules.
Indian tribes—Tribal program—Fiscal year.
Food stamp work requirements.
Immigrants—Eligibility.
Immigrants—Sponsor deeming.
Immigrants—Food assistance.
Immigrants—Naturalization facilitation.
Intent—Washington WorkFirst.
Diversion program—Emergency assistance.
Individual development accounts—Microcredit and
microenterprise approaches—Rules.
Earnings disregards and earned income cutoffs.
Noncustodial parents in work programs.
"Work activity" defined.
Work activity—Referral—Individual responsibility plan—
Refusal to work.
Good cause.
Employability screening.
Program goal—Collaboration to develop work programs—
Contracts—Service areas—Regional plans.
Job search instruction and assistance.
Competitive performance-based contracting—Evaluation of
contracting practices—Contracting strategies.
Placement bonuses.
Self-employment assistance—Training and placement programs.
Wage subsidy program.
Community service program.
Funding restrictions.
Questionnaires—Job opportunities for welfare recipients.
Teen parents—Education requirements.
Outcome measures—Intent.
Outcome measures—Development—Benchmarks.
Outcome measures—Evaluations—Awarding contracts—
Bonuses.
Outcome measures—Report to legislature.
Short title—1997 c 58.
Part headings, captions, table of contents not law—1997 c
58.
Exemptions and waivers from federal law—1997 c 58.
Conflict with federal requirements—1997 c 58.
Severability—1997 c 58.
Interagency task force on unintended pregnancy: RCW 43.41.905.
74.08A.010 Time limits—Transitional food stamp
assistance. (1) A family that includes an adult who has
received temporary assistance for needy families for sixty
months after July 27, 1997, shall be ineligible for further temporary assistance for needy families assistance.
(2) For the purposes of applying the rules of this section,
the department shall count any month in which an adult family member received a temporary assistance for needy families cash assistance grant unless the assistance was provided
when the family member was a minor child and not the head
of the household or married to the head of the household.
(3) The department shall refer recipients who require
specialized assistance to appropriate department programs,
crime victims' programs through the department of community, trade, and economic development, or the crime victims'
compensation program of the department of labor and industries.
(4) The department may exempt a recipient and the
recipient's family from the application of subsection (1) of
this section by reason of hardship or if the recipient meets the
family violence options of section 402(A)(7) of Title IVA of
74.08A.010
[Title 74 RCW—page 18]
the federal social security act as amended by P.L. 104-193.
The number of recipients and their families exempted from
subsection (1) of this section for a fiscal year shall not exceed
twenty percent of the average monthly number of recipients
and their families to which assistance is provided under the
temporary assistance for needy families program.
(5) The department shall not exempt a recipient and his
or her family from the application of subsection (1) of this
section until after the recipient has received fifty-two months
of assistance under this chapter.
(6) Beginning on October 31, 2005, the department shall
provide transitional food stamp assistance for a period of five
months to a household that ceases to receive temporary assistance for needy families assistance and is not in sanction status. If necessary, the department shall extend the household's
food stamp certification until the end of the transition period.
[2004 c 54 § 4; 1997 c 58 § 103.]
Findings—Conflict with federal requirements—2004 c 54: See
notes following RCW 28A.235.160.
74.08A.020
74.08A.020 Electronic benefit transfer. By October
2002, the department shall develop and implement an electronic benefit transfer system to be used for the delivery of
public assistance benefits, including without limitation, food
assistance.
The department shall comply with P.L. 104-193, and
shall cooperate with relevant federal agencies in the design
and implementation of the electronic benefit transfer system.
[1997 c 58 § 104.]
74.08A.030
74.08A.030 Provision of services by religiously affiliated organizations—Rules. (1) The department shall allow
religiously affiliated organizations to provide services to
families receiving temporary assistance for needy families on
the same basis as any other nongovernmental provider, without impairing the religious character of such organizations,
and without diminishing the religious freedom of beneficiaries of assistance funded under chapter 74.12 RCW.
(2) The department shall adopt rules implementing this
section, and the applicable sections of P.L. 104-193 related to
services provided by charitable, religious, or private organizations. [1997 c 58 § 106.]
74.08A.040
74.08A.040 Indian tribes—Program access—Funding—Rules. The department shall (1) provide eligible Indian
tribes ongoing, meaningful opportunities to participate in the
development, oversight, and operation of the state temporary
assistance for needy families program; (2) certify annually
that it is providing equitable access to the state temporary
assistance for needy families program to Indian people whose
tribe is not administering a tribal temporary assistance for
needy families program; (3) coordinate and cooperate with
eligible Indian tribes that elect to operate a tribal temporary
assistance for needy families program as provided for in P.L.
104-193; (4) upon approval by the secretary of the federal
department of health and human services of a tribal temporary assistance for needy families program, transfer a fair and
equitable amount of the state maintenance of effort funds to
the eligible Indian tribe; and (5) establish rules related to the
operation of this section and RCW 74.08A.050, covering, at
(2004 Ed.)
Washington WorkFirst Temporary Assistance for Needy Families
a minimum, appropriate uses of state maintenance of effort
funds and annual reports on program operations. The legislature shall specify the amount of state maintenance of effort
funds to be transferred in the biennial appropriations act.
[1997 c 58 § 107.]
Reviser's note: 1997 c 58 directed that this section be added to chapter
74.12 RCW. This section has been codified in chapter 74.08A RCW, which
relates more directly to the temporary assistance for needy families program.
74.08A.050 Indian tribes—Tribal program—Fiscal
year. An eligible Indian tribe exercising its authority under
P.L. 104-193 to operate a tribal temporary assistance for
needy families program shall operate the program on a state
fiscal year basis. If a tribe decides to cancel a tribal temporary
assistance for needy families program, it shall notify the
department no later than ninety days prior to the start of the
state fiscal year. [1997 c 58 § 108.]
74.08A.050
Reviser's note: 1997 c 58 directed that this section be added to chapter
74.12 RCW. This section has been codified in chapter 74.08A RCW, which
relates more directly to the temporary assistance for needy families program.
74.08A.060 Food stamp work requirements. Single
adults without dependents between eighteen and fifty years
of age shall comply with federal food stamp work requirements as a condition of eligibility. The department may
exempt any counties or subcounty areas from the federal food
stamp work requirements in P.L. 104-193, unless the department receives written evidence of official action by a county
or subcounty governing entity, taken after noticed consideration, that indicates that a county or subcounty area chooses
not to use an exemption to the federal food stamp work
requirements. [1997 c 58 § 110.]
74.08A.060
Reviser's note: 1997 c 58 directed that this section be added to chapter
74.12 RCW. This section has been codified in chapter 74.08A RCW, which
relates more directly to the temporary assistance for needy families program.
74.08A.100 Immigrants—Eligibility. The state shall
exercise its option under P.L. 104-193 to continue services to
legal immigrants under temporary assistance for needy families, medicaid to the extent allowed by federal law, the state's
basic health plan as provided in chapter 70.47 RCW, and
social services block grant programs. Eligibility for these
benefits for legal immigrants arriving after August 21, 1996,
is limited to those families where the parent, parents, or legal
guardians have been in residence in Washington state for a
period of twelve consecutive months before making their
application for assistance. Legal immigrants who lose benefits under the supplemental security income program as a
result of P.L. 104-193 are immediately eligible for benefits
under the state's general assistance-unemployable program.
The department shall redetermine income and resource eligibility at least annually, in accordance with existing state policy. [2002 c 366 § 1; 1997 c 57 § 1.]
74.08A.100
Effective date—2002 c 366: "This act takes effect October 1, 2002."
[2002 c 366 § 3.]
Captions not law—1997 c 57: "Captions used in this act are not any
part of the law." [1997 c 57 § 4.]
74.08A.110 Immigrants—Sponsor deeming. (1)
Except as provided in subsection (4) of this section, qualified
aliens and aliens permanently residing under color of law
shall have their eligibility for assistance redetermined.
74.08A.110
(2004 Ed.)
74.08A.130
(2) In determining the eligibility and the amount of benefits of a qualified alien or an alien permanently residing
under color of law for public assistance under this title, the
income and resources of the alien shall be deemed to include
the income and resources of any person and his or her spouse
who executed an affidavit of support pursuant to section
213A of the federal immigration and naturalization act on
behalf of the alien for a period of five years following the
execution of that affidavit of support. The deeming provisions of this subsection shall be waived if the sponsor dies or
is permanently incapacitated during the period the affidavit
of support is valid.
(3) As used in this section, "qualified alien" has the
meaning provided it in P.L. 104-183.
(4)(a) Qualified aliens specified under sections 403, 412,
and 552 (e) and (f), subtitle B, Title IV, of P.L. 104-193 and
in P.L. 104-208, are exempt from this section.
(b) Qualified aliens who served in the armed forces of an
allied country, or were employed by an agency of the federal
government, during a military conflict between the United
States of America and a military adversary are exempt from
the provisions of this section.
(c) Qualified aliens who are victims of domestic violence
and petition for legal status under the federal violence against
women act are exempt from the provisions of this section.
[1997 c 57 § 2.]
Captions not law—1997 c 57: See note following RCW 74.08A.100.
74.08A.120
74.08A.120 Immigrants—Food assistance. (1) The
department may establish a food assistance program for legal
immigrants who are ineligible for the federal food stamp program.
(2) The rules for the state food assistance program shall
follow exactly the rules of the federal food stamp program
except for the provisions pertaining to immigrant status.
(3) The benefit under the state food assistance program
shall be established by the legislature in the biennial operating budget.
(4) The department may enter into a contract with the
United States department of agriculture to use the existing
federal food stamp program coupon system for the purposes
of administering the state food assistance program.
(5) In the event the department is unable to enter into a
contract with the United States department of agriculture, the
department may issue vouchers to eligible households for the
purchase of eligible foods at participating retailers. [1999 c
120 § 4; 1997 c 57 § 3.]
Captions not law—1997 c 57: See note following RCW 74.08A.100.
74.08A.130
74.08A.130 Immigrants—Naturalization facilitation.
The department shall make an affirmative effort to identify
and proactively contact legal immigrants receiving public
assistance to facilitate their applications for naturalization.
The department shall obtain a complete list of legal immigrants in Washington who are receiving correspondence
regarding their eligibility from the social security administration. The department shall inform immigrants regarding how
citizenship may be attained. In order to facilitate the citizenship process, the department shall coordinate and contract, to
the extent necessary, with existing public and private
[Title 74 RCW—page 19]
74.08A.200
Title 74 RCW: Public Assistance
resources and shall, within available funds, ensure that those
immigrants who qualify to apply for naturalization are
referred to or otherwise offered classes. The department shall
assist eligible immigrants in obtaining appropriate test
exemptions, and other exemptions in the naturalization process, to the extent permitted under federal law. The department shall report annually by December 15th to the legislature regarding the progress and barriers of the immigrant naturalization facilitation effort. It is the intent of the legislature
that persons receiving naturalization assistance be facilitated
in obtaining citizenship within two years of their eligibility to
apply. [1997 c 58 § 204.]
74.08A.200
74.08A.200 Intent—Washington WorkFirst. It is the
intent of the legislature that all applicants to the Washington
WorkFirst program shall be focused on obtaining paid,
unsubsidized employment. The focus of the Washington
WorkFirst program shall be work for all recipients. [1997 c
58 § 301.]
74.08A.210
74.08A.210 Diversion program—Emergency assistance. (1) In order to prevent some families from developing
dependency on temporary assistance for needy families, the
department shall make available to qualifying applicants a
diversion program designed to provide brief, emergency
assistance for families in crisis whose income and assets
would otherwise qualify them for temporary assistance for
needy families.
(2) Diversion assistance may include cash or vouchers in
payment for the following needs:
(a) Child care;
(b) Housing assistance;
(c) Transportation-related expenses;
(d) Food;
(e) Medical costs for the recipient's immediate family;
(f) Employment-related expenses which are necessary to
keep or obtain paid unsubsidized employment.
(3) Diversion assistance is available once in each twelvemonth period for each adult applicant. Recipients of diversion assistance are not included in the temporary assistance
for needy families program.
(4) Diversion assistance may not exceed one thousand
five hundred dollars for each instance.
(5) To be eligible for diversion assistance, a family must
otherwise be eligible for temporary assistance for needy families.
(6) Families ineligible for temporary assistance for
needy families or general assistance due to sanction, noncompliance, the lump sum income rule, or any other reason are
not eligible for diversion assistance.
(7) Families must provide evidence showing that a bona
fide need exists according to subsection (2) of this section in
order to be eligible for diversion assistance.
An adult applicant may receive diversion assistance of
any type no more than once per twelve-month period. If the
recipient of diversion assistance is placed on the temporary
assistance for needy families program within twelve months
of receiving diversion assistance, the prorated dollar value of
the assistance shall be treated as a loan from the state, and
[Title 74 RCW—page 20]
recovered by deduction from the recipient's cash grant. [1997
c 58 § 302.]
74.08A.220 Individual development accounts—
Microcredit and microenterprise approaches—Rules.
The department shall carry out a program to fund individual
development accounts established by recipients eligible for
assistance under the temporary assistance for needy families
program.
(1) An individual development account may be established by or on behalf of a recipient eligible for assistance
provided under the temporary assistance for needy families
program operated under this title for the purpose of enabling
the recipient to accumulate funds for a qualified purpose
described in subsection (2) of this section.
(2) A qualified purpose as described in this subsection is
one or more of the following, as provided by the qualified
entity providing assistance to the individual:
(a) Postsecondary expenses paid from an individual
development account directly to an eligible educational institution;
(b) Qualified acquisition costs with respect to a qualified
principal residence for a qualified first-time home buyer, if
paid from an individual development account directly to the
persons to whom the amounts are due;
(c) Amounts paid from an individual development
account directly to a business capitalization account which is
established in a federally insured financial institution and is
restricted to use solely for qualified business capitalization
expenses.
(3) A recipient may only contribute to an individual
development account such amounts as are derived from
earned income, as defined in section 911(d)(2) of the internal
revenue code of 1986.
(4) The department shall establish rules to ensure funds
held in an individual development account are only withdrawn for a qualified purpose as provided in this section.
(5) An individual development account established
under this section shall be a trust created or organized in the
United States and funded through periodic contributions by
the establishing recipient and matched by or through a qualified entity for a qualified purpose as provided in this section.
(6) For the purpose of determining eligibility for any
assistance provided under this title, all funds in an individual
development account under this section shall be disregarded
for such purpose with respect to any period during which
such individual maintains or makes contributions into such
an account.
(7) The department shall adopt rules authorizing the use
of organizations using microcredit and microenterprise
approaches to assisting low-income families to become
financially self-sufficient.
(8) The department shall adopt rules implementing the
use of individual development accounts by recipients of temporary assistance for needy families.
(9) For the purposes of this section, "eligible educational
institution," "postsecondary educational expenses," "qualified acquisition costs," "qualified business," "qualified business capitalization expenses," "qualified expenditures,"
"qualified first-time home buyer," "date of acquisition,"
"qualified plan," and "qualified principal residence" include
74.08A.220
(2004 Ed.)
Washington WorkFirst Temporary Assistance for Needy Families
the meanings provided for them in P.L. 104-193. [1997 c 58
§ 307.]
74.08A.230
74.08A.230 Earnings disregards and earned income
cutoffs. (1) In addition to their monthly benefit payment, a
family may earn and keep one-half of its earnings during
every month it is eligible to receive assistance under this section.
(2) In no event may a family be eligible for temporary
assistance for needy families if its monthly gross earned
income exceeds the maximum earned income level as set by
the department. In calculating a household's gross earnings,
the department shall disregard the earnings of a minor child
who is:
(a) A full-time student; or
(b) A part-time student carrying at least half the normal
school load and working fewer than thirty-five hours per
week. [1997 c 58 § 308.]
74.08A.240
74.08A.240 Noncustodial parents in work programs.
The department may provide Washington WorkFirst activities or make cross-referrals to existing programs to qualifying
noncustodial parents of children receiving temporary assistance for needy families who are unable to meet their child
support obligations. Services authorized under this section
shall be provided within available funds. [1997 c 58 § 310.]
74.08A.250
74.08A.250 "Work activity" defined. Unless the context clearly requires otherwise, as used in this chapter, "work
activity" means:
(1) Unsubsidized paid employment in the private or public sector;
(2) Subsidized paid employment in the private or public
sector, including employment through the state or federal
work-study program for a period not to exceed twenty-four
months;
(3) Work experience, including:
(a) An internship or practicum, that is paid or unpaid and
is required to complete a course of vocational training or to
obtain a license or certificate in a high demand field, as determined by the employment security department. No internship
or practicum shall exceed twelve months; or
(b) Work associated with the refurbishing of publicly
assisted housing, if sufficient paid employment is not available;
(4) On-the-job training;
(5) Job search and job readiness assistance;
(6) Community service programs;
(7) Vocational educational training, not to exceed twelve
months with respect to any individual;
(8) Job skills training directly related to employment;
(9) Education directly related to employment, in the case
of a recipient who has not received a high school diploma or
a GED;
(10) Satisfactory attendance at secondary school or in a
course of study leading to a GED, in the case of a recipient
who has not completed secondary school or received such a
certificate;
(11) The provision of child care services to an individual
who is participating in a community service program;
(2004 Ed.)
74.08A.270
(12) Internships, that shall be paid or unpaid work experience performed by an intern in a business, industry, or government or nongovernmental agency setting;
(13) Practicums, which include any educational program
in which a student is working under the close supervision of
a professional in an agency, clinic, or other professional practice setting for purposes of advancing their skills and knowledge; and
(14) Services required by the recipient under RCW
74.08.025(3) and 74.08A.010(3) to become employable.
[2000 c 10 § 1; 1997 c 58 § 311.]
74.08A.260
74.08A.260 Work activity—Referral—Individual
responsibility plan—Refusal to work. (1) Each recipient
shall be assessed after determination of program eligibility
and before referral to job search. Assessments shall be based
upon factors that are critical to obtaining employment,
including but not limited to education, availability of child
care, history of family violence, history of substance abuse,
and other factors that affect the ability to obtain employment.
Assessments may be performed by the department or by a
contracted entity. The assessment shall be based on a uniform, consistent, transferable format that will be accepted by
all agencies and organizations serving the recipient. Based
on the assessment, an individual responsibility plan shall be
prepared that: (a) Sets forth an employment goal and a plan
for moving the recipient immediately into employment; (b)
contains the obligation of the recipient to become and remain
employed; (c) moves the recipient into whatever employment
the recipient is capable of handling as quickly as possible;
and (d) describes the services available to the recipient to
enable the recipient to obtain and keep employment.
(2) Recipients who are not engaged in work and work
activities, and do not qualify for a good cause exemption
under RCW 74.08A.270, shall engage in self-directed service
as provided in RCW 74.08A.330.
(3) If a recipient refuses to engage in work and work
activities required by the department, the family's grant shall
be reduced by the recipient's share, and may, if the department determines it appropriate, be terminated.
(4) The department may waive the penalties required
under subsection (3) of this section, subject to a finding that
the recipient refused to engage in work for good cause provided in RCW 74.08A.270.
(5) In implementing this section, the department shall
assign the highest priority to the most employable clients,
including adults in two-parent families and parents in singleparent families that include older preschool or school-age
children to be engaged in work activities.
(6) In consultation with the recipient, the department or
contractor shall place the recipient into a work activity that is
available in the local area where the recipient resides. [2003
c 383 § 1; 1997 c 58 § 313.]
74.08A.270
74.08A.270 Good cause. (1) Good cause reasons for
failure to participate in WorkFirst program components
include: (a) Situations where the recipient is a parent or other
relative personally providing care for a child under the age of
six years, and formal or informal child care, or day care for an
incapacitated individual living in the same home as a depen[Title 74 RCW—page 21]
74.08A.275
Title 74 RCW: Public Assistance
dent child, is necessary for an individual to participate or continue participation in the program or accept employment, and
such care is not available, and the department fails to provide
such care; or (b) the recipient is a parent with a child under
the age of one year, except that at the time a child reaches the
age of three months, the recipient is required to participate in
one of the following for up to twenty hours per week:
(i) Instruction or training which has the purpose of
improving parenting skills or child well-being;
(ii) Preemployment or job readiness training;
(iii) Course study leading to a high school diploma or
GED; or
(iv) Volunteering in a child care facility licensed under
chapter 74.15 RCW so long as the child care facility agrees to
accept the recipient as a volunteer and the child without compensation while the parent is volunteering at the facility. The
volunteer recipient and his or her child shall not be counted
for the purposes of determining licensed capacity or the staff
to child ratio of the facility.
(2) Nothing in this section shall prevent a recipient from
participating fully in the WorkFirst program on a voluntary
basis. A recipient who chooses to participate fully in the
WorkFirst program shall be considered to be fulfilling the
requirements of this section.
(3) For any recipient who claims a good cause reason for
failure to participate in the WorkFirst program based on the
fact that the recipient has a child under the age of one year,
the department shall, within existing resources, conduct an
assessment of the recipient within ninety days and before a
job search component is initiated in order to determine if the
recipient has any specific service needs or employment barriers. The assessment may include identifying the need for substance abuse treatment, mental health treatment, or domestic
violence services, and shall be used in developing the recipient's individual responsibility plan.
(4) A parent may only receive the exemption under subsection (1)(b) of this section one time, for one child. [2002 c
89 § 1; 1997 c 58 § 314.]
74.08A.275
74.08A.275 Employability screening. Each recipient
approved to receive temporary assistance for needy families
shall be subject to an employability screening under RCW
74.08A.260 after determination of program eligibility and
before referral to job search. If the employability screening
determines the recipient is not employable, or meets the criteria specified in RCW 74.08A.270 for a good cause exemption to work requirements, the department shall defer the job
search requirement under RCW 74.08A.285. [2003 c 383 §
2; 1999 c 340 § 1.]
74.08A.280
74.08A.280 Program goal—Collaboration to develop
work programs—Contracts—Service areas—Regional
plans. (1) The legislature finds that moving those eligible for
assistance to self-sustaining employment is a goal of the
WorkFirst program. It is the intent of WorkFirst to aid a participant's progress to self-sufficiency by allowing flexibility
within the statewide program to reflect community resources,
the local characteristics of the labor market, and the composition of the caseload. Program success will be enhanced
through effective coordination at regional and local levels,
[Title 74 RCW—page 22]
involving employers, labor representatives, educators, community leaders, local governments, and social service providers.
(2) The department, through its regional offices, shall
collaborate with employers, recipients, frontline workers,
educational institutions, labor, private industry councils, the
work force training and education coordinating board, community rehabilitation employment programs, employment
and training agencies, local governments, the employment
security department, and community action agencies to
develop work programs that are effective and work in their
communities. For planning purposes, the department shall
collect and make accessible to regional offices successful
work program models from around the United States, including the employment partnership program, apprenticeship programs, microcredit, microenterprise, self-employment, and
W-2 Wisconsin works. Work programs shall incorporate
local volunteer citizens in their planning and implementation
phases to ensure community relevance and success.
(3) To reduce administrative costs and to ensure equal
statewide access to services, the department may develop
contracts for statewide welfare-to-work services. These statewide contracts shall support regional flexibility and ensure
that resources follow local labor market opportunities and
recipients' needs.
(4) The secretary shall establish WorkFirst service areas
for purposes of planning WorkFirst programs and for distributing WorkFirst resources. Service areas shall reflect department regions.
(5) By July 31st of each odd-numbered year, a plan for
the WorkFirst program shall be developed for each region.
The plan shall be prepared in consultation with local and
regional sources, adapting the statewide WorkFirst program
to achieve maximum effect for the participants and the communities within which they reside. Local consultation shall
include to the greatest extent possible input from local and
regional planning bodies for social services and work force
development. The regional and local administrator shall consult with employers of various sizes, labor representatives,
training and education providers, program participants, economic development organizations, community organizations,
tribes, and local governments in the preparation of the service
area plan.
(6) The secretary has final authority in plan approval or
modification. Regional program implementation may deviate
from the statewide program if specified in a service area plan,
as approved by the secretary. [1997 c 58 § 315.]
74.08A.285
74.08A.285 Job search instruction and assistance.
The WorkFirst program operated by the department to meet
the federal work requirements specified in P.L. 104-193 shall
contain a job search component. The component shall consist of instruction on how to secure a job and assisted job
search activities to locate and retain employment. Nonexempt recipients of temporary assistance for needy families
shall participate in an initial job search for no more than
twelve consecutive weeks. Each recipient shall receive a
work skills assessment upon referral to the job search program. The work skills assessment shall include but not be
limited to education, employment history, employment
strengths, and job skills. The recipient's ability to obtain
(2004 Ed.)
Washington WorkFirst Temporary Assistance for Needy Families
employment will be reviewed periodically thereafter and, if it
is clear at any time that further participation in a job search
will not be productive, the department shall assess the recipient pursuant to RCW 74.08A.260. The department shall refer
recipients unable to find employment through the initial job
search period to work activities that will develop their skills
or knowledge to make them more employable, including
additional job search and job readiness assistance. [2003 c
383 § 3; 1998 c 89 § 1.]
74.08A.290
74.08A.290 Competitive performance-based contracting—Evaluation of contracting practices—Contracting strategies. (1) It is the intent of the legislature that
the department is authorized to engage in competitive contracting using performance-based contracts to provide all
work activities authorized in chapter 58, Laws of 1997,
including the job search component authorized in *section
312 of this act.
(2) The department may use competitive performancebased contracting to select which vendors will participate in
the WorkFirst program. Performance-based contracts shall be
awarded based on factors that include but are not limited to
the criteria listed in RCW 74.08A.410, past performance of
the contractor, demonstrated ability to perform the contract
effectively, financial strength of the contractor, and merits of
the proposal for services submitted by the contractor. Contracts shall be made without regard to whether the contractor
is a public or private entity.
(3) The department may contract for an evaluation of the
competitive contracting practices and outcomes to be performed by an independent entity with expertise in government privatization and competitive strategies. The evaluation
shall include quarterly progress reports to the fiscal committees of the legislature and to the governor, starting at the first
quarter after the effective date of the first competitive contract and ending two years after the effective date of the first
competitive contract.
(4) The department shall seek independent assistance in
developing contracting strategies to implement this section.
Assistance may include but is not limited to development of
contract language, design of requests for proposal, developing full cost information on government services, evaluation
of bids, and providing for equal competition between private
and public entities. [1997 c 58 § 316.]
*Reviser's note: Section 312 of this act was vetoed by the governor.
74.08A.300
74.08A.300 Placement bonuses. In the case of service
providers that are not public agencies, initial placement
bonuses of no greater than five hundred dollars may be provided by the department for service entities responsible for
placing recipients in an unsubsidized job for a minimum of
twelve weeks, and the following additional bonuses shall also
be provided:
(1) A percent of the initial bonus if the job pays double
the minimum wage;
(2) A percent of the initial bonus if the job provides
health care;
(3) A percent of the initial bonus if the job includes
employer-provided child care needed by the recipient; and
(2004 Ed.)
74.08A.330
(4) A percent of the initial bonus if the recipient is continuously employed for two years. [1997 c 58 § 317.]
74.08A.310
74.08A.310 Self-employment assistance—Training
and placement programs. The department shall:
(1) Notify recipients of temporary assistance for needy
families that self-employment is one method of leaving state
assistance. The department shall provide its regional offices,
recipients of temporary assistance for needy families, and any
contractors providing job search, training, or placement services notification of programs available in the state for entrepreneurial training, technical assistance, and loans available
for start-up businesses;
(2) Provide recipients of temporary assistance for needy
families and service providers assisting such recipients
through training and placement programs with information it
receives about the skills and training required by firms locating in the state;
(3) Encourage recipients of temporary assistance for
needy families that are in need of basic skills to seek out programs that integrate basic skills training with occupational
training and workplace experience. [1997 c 58 § 324.]
74.08A.320
74.08A.320 Wage subsidy program. The department
shall establish a wage subsidy program for recipients of temporary assistance for needy families. The department shall
give preference in job placements to private sector employers
that have agreed to participate in the wage subsidy program.
The department shall identify characteristics of employers
who can meet the employment goals stated in RCW
74.08A.410. The department shall use these characteristics in
identifying which employers may participate in the program.
The department shall adopt rules for the participation of
recipients of temporary assistance for needy families in the
wage subsidy program. Participants in the program established under this section may not be employed if: (1) The
employer has terminated the employment of any current
employee or otherwise caused an involuntary reduction of its
work force in order to fill the vacancy so created with the participant; or (2) the participant displaces or partially displaces
current employees. Employers providing positions created
under this section shall meet the requirements of chapter
49.46 RCW. This section shall not diminish or result in the
infringement of obligations or rights under chapters 41.06,
41.56, and 49.36 RCW and the national labor relations act, 29
U.S.C. Ch. 7. The department shall establish such local and
statewide advisory boards, including business and labor representatives, as it deems appropriate to assist in the implementation of the wage subsidy program. Once the recipient is
hired, the wage subsidy shall be authorized for up to nine
months. [1997 c 58 § 325.]
74.08A.330
74.08A.330 Community service program. The
department shall establish the community service program to
provide the experience of work for recipients of public assistance. The program is intended to promote a strong work
ethic for participating public assistance recipients. Under this
program, public assistance recipients are required to volunteer to work for charitable nonprofit organizations and public
agencies, or engage in another activity designed to benefit the
[Title 74 RCW—page 23]
74.08A.340
Title 74 RCW: Public Assistance
recipient, the recipient's family, or the recipient's community,
as determined by the department on a case-by-case basis. Participants in a community service or work experience program
established by this chapter are deemed employees for the purpose of chapter 49.17 RCW. The cost of premiums under
Title 51 RCW shall be paid for by the department for participants in a community service or work experience program.
Participants in a community service or work experience program may not be placed if: (1) An employer has terminated
the employment of any current employee or otherwise caused
an involuntary reduction of its work force in order to fill the
vacancy so created with the participant; or (2) the participant
displaces or partially displaces current employees. [1997 c
58 § 326.]
74.08A.340
74.08A.340 Funding restrictions. The department of
social and health services shall operate the Washington
WorkFirst program authorized under *RCW 74.08A.200
through 74.08A.330, 43.330.145, 74.13.0903 and 74.25.040,
and chapter 74.12 RCW within the following constraints:
(1) The full amount of the temporary assistance for
needy families block grant, plus qualifying state expenditures
as appropriated in the biennial operating budget, shall be
appropriated to the department each year in the biennial
appropriations act to carry out the provisions of the program
authorized in *RCW 74.08A.200 through 74.08A.330,
43.330.145, 74.13.0903 and 74.25.040, and chapter 74.12
RCW.
(2) The department may expend funds defined in subsection (1) of this section in any manner that will effectively
accomplish the outcome measures defined in RCW
74.08A.410. No more than fifteen percent of the amount provided in subsection (1) of this section may be spent for
administrative purposes. For the purpose of this subsection,
"administrative purposes" does not include expenditures for
information technology and computerization needed for
tracking and monitoring required by P.L. 104-193. The
department shall not increase grant levels to recipients of the
program authorized in **RCW 74.08A.200 through
74.08A.330 and 43.330.145 and chapter 74.12 RCW.
(3) The department shall implement strategies that
accomplish the outcome measures identified in RCW
74.08A.410 that are within the funding constraints in this section. Specifically, the department shall implement strategies
that will cause the number of cases in the program authorized
in **RCW 74.08A.200 through 74.08A.330 and 43.330.145
and chapter 74.12 RCW to decrease by at least fifteen percent
during the 1997-99 biennium and by at least five percent in
the subsequent biennium. The department may transfer
appropriation authority between funding categories within
the economic services program in order to carry out the
requirements of this subsection.
(4) The department shall monitor expenditures against
the appropriation levels provided for in subsection (1) of this
section. The department shall quarterly make a determination
as to whether expenditure levels will exceed available funding and communicate its finding to the legislature. If the
determination indicates that expenditures will exceed funding at the end of the fiscal year, the department shall take all
necessary actions to ensure that all services provided under
this chapter shall be made available only to the extent of the
[Title 74 RCW—page 24]
availability and level of appropriation made by the legislature. [1997 c 58 § 321.]
Reviser's note: *(1) Additional sections referenced in 1997 c 58
include sections 312, 318, and 402, which were vetoed by the governor; section 401, which is quoted after RCW 74.13.0903; and section 403, which is
temporary and uncodified.
**(2) Additional sections referenced in 1997 c 58 include sections 312
and 318, which were vetoed by the governor.
74.08A.350
74.08A.350 Questionnaires—Job opportunities for
welfare recipients. The department of social and health services shall create a questionnaire, asking businesses for information regarding available and upcoming job opportunities
for welfare recipients. The department of revenue shall
include the questionnaire in a regular quarterly mailing. The
department of social and health services shall receive
responses and use the information to develop work activities
in the areas where jobs will be available. [1997 c 58 § 1007.]
74.08A.380
74.08A.380 Teen parents—Education requirements.
All applicants under the age of eighteen years who are
approved for assistance and, within one hundred eighty days
after the date of federal certification of the Washington temporary assistance for needy families program, all unmarried
minor parents or pregnant minor applicants shall, as a condition of receiving benefits, actively progress toward the completion of a high school diploma or a GED. [1997 c 58 §
503.]
74.08A.400
74.08A.400 Outcome measures—Intent. It is the
intent of the legislature that the Washington WorkFirst program focus on work and on personal responsibility for recipients. The program shall be evaluated among other evaluations, through a limited number of outcome measures
designed to hold each community service office and economic services region accountable for program success.
[1997 c 58 § 701.]
Effective dates—1997 c 58: See note following RCW 74.20A.320.
74.08A.410
74.08A.410 Outcome measures—Development—
Benchmarks. (1) The WorkFirst program shall develop outcome measures for use in evaluating the WorkFirst program
authorized in chapter 58, Laws of 1997, which may include
but are not limited to:
(a) Caseload reduction;
(b) Recidivism to caseload after two years;
(c) Job retention;
(d) Earnings;
(e) Reduction in average grant through increased recipient earnings; and
(f) Placement of recipients into private sector, unsubsidized jobs.
(2) The department shall require that contractors for
WorkFirst services collect outcome measure information and
report outcome measures to the department regularly. The
department shall develop benchmarks that compare outcome
measure information from all contractors to provide a clear
indication of the most effective contractors. Benchmark
information shall be published quarterly and provided to the
legislature, the governor, and all contractors for WorkFirst
services. [1997 c 58 § 702.]
(2004 Ed.)
Medical Care
Effective dates—1997 c 58: See note following RCW 74.20A.320.
74.08A.420
74.08A.420 Outcome measures—Evaluations—
Awarding contracts—Bonuses. Every WorkFirst office,
region, contract, employee, and contractor shall be evaluated
using the criteria in RCW 74.08A.410. The department shall
award contracts to the highest performing entities according
to the criteria in RCW 74.08A.410. The department may provide for bonuses to offices, regions, and employees with the
best outcomes according to measures in RCW 74.08A.410.
[1997 c 58 § 703.]
Effective dates—1997 c 58: See note following RCW 74.20A.320.
74.08A.904
74.08A.904 Severability—1997 c 58. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1997 c 58 § 1012.]
Chapter 74.09
74.09.010
74.09.035
74.09.037
74.09.050
74.08A.430 Outcome measures—Report to legislature. The department shall provide a report to the appropriate committees of the legislature on achievement of the outcome measures by region and contract on an annual basis, no
later than January 15th of each year, beginning in 1999. The
report shall include how the department is using the outcome
measure information obtained under RCW 74.08A.410 to
manage the WorkFirst program. [1997 c 58 § 704.]
74.09.055
Effective dates—1997 c 58: See note following RCW 74.20A.320.
74.09.150
74.09.160
74.09.180
74.09.075
74.09.080
74.09.110
74.09.120
74.08A.900
74.08A.901
74.08A.901 Part headings, captions, table of contents
not law—1997 c 58. Part headings, captions, and the table of
contents used in this act are not any part of the law. [1997 c
58 § 1008.]
74.08A.902
74.08A.902 Exemptions and waivers from federal
law—1997 c 58. The governor and the department of social
and health services shall seek all necessary exemptions and
waivers from and amendments to federal statutes, rules, and
regulations and shall report to the appropriate committees in
the house of representatives and senate quarterly on the
efforts to secure the federal changes to permit full implementation of this act at the earliest possible date. [1997 c 58 §
1009.]
74.08A.903
74.08A.903 Conflict with federal requirements—
1997 c 58. If any part of this act is found to be in conflict with
federal requirements that are a prescribed condition to the
allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and
with respect to the agencies directly affected, and this finding
does not affect the operation of the remainder of this act in its
application to the agencies concerned. The rules under this
act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state. As used in
this section, "allocation of federal funds to the state" means
the allocation of federal funds that are appropriated by the
legislature to the department of social and health services and
on which the department depends for carrying out any provision of the operating budget applicable to it. [1997 c 58 §
1011.]
(2004 Ed.)
Chapter 74.09 RCW
MEDICAL CARE
Sections
74.08A.430
74.08A.900 Short title—1997 c 58. This act may be
known and cited as the Washington WorkFirst temporary
assistance for needy families act. [1997 c 58 § 2.]
Chapter 74.09
74.09.185
74.09.190
74.09.200
74.09.210
74.09.220
74.09.230
74.09.240
74.09.250
74.09.260
74.09.270
74.09.280
74.09.290
74.09.300
74.09.405
74.09.415
74.09.425
74.09.435
74.09.450
74.09.500
74.09.510
74.09.520
74.09.522
74.09.5221
74.09.5225
74.09.5227
74.09.523
74.09.5241
74.09.5243
74.09.5245
74.09.5247
74.09.5249
Definitions.
Medical care services—Eligibility, standards—Limits.
Identification card—Social security number restriction.
Secretary's responsibilities and duties—Personnel—Medical
screeners—Medical directors.
Copayment, deductible, coinsurance, cost-sharing requirements authorized.
Employability and disability evaluation—Medical condition—Medical reports—Medical consultations and assistance.
Methods of performing administrative responsibilities.
Administrative personnel—Professional consultants and
screeners.
Purchases of services, care, supplies—Nursing homes—Veterans' homes—Institutions for mentally retarded—Institutions for mental diseases.
Personnel to be under existing merit system.
Presentment of charges by contractors.
Chapter does not apply if another party is liable—Exception—
Subrogation—Lien—Reimbursement—Delegation of lien
and subrogation rights.
Third party has legal liability to make payments—State
acquires rights—Lien—Equitable subrogation does not
apply.
Religious beliefs—Construction of chapter.
Audits and investigations—Legislative declaration—State
authority.
Fraudulent practices—Penalties.
Liability for receipt of excess payments.
False statements, fraud—Penalties.
Bribes, kickbacks, rebates—Self-referrals—Penalties.
False statements regarding institutions, facilities—Penalties.
Excessive charges, payments—Penalties.
Failure to maintain trust funds in separate account—Penalties.
False verification of written statements—Penalties.
Department audits and investigations of providers—Patient
records—Penalties.
Department to report penalties to appropriate licensing agency
or disciplinary board.
Children's health program—Purpose.
Children's health program established.
Children's health care accessibility—Community action.
Children's health program—Biennial evaluation.
Children's health insurance program—Intent—Department
duties.
Medical assistance—Established.
Medical assistance—Eligibility.
Medical assistance—Care and services included—Funding
limitations.
Medical assistance—Agreements with managed health care
systems required for services to recipients of temporary
assistance for needy families—Principles to be applied in
purchasing managed health care.
Medical assistance—Federal standards—Waivers—Application.
Medical assistance—Payments for services provided by rural
hospitals.
Implementation date—Payments for services provided by
rural hospitals.
PACE program—Definitions—Requirements.
Special education programs—Medical services—Finding—
Intent.
Special education programs—Definitions.
Special education programs—Medical services—Billing agent
contract process.
Special education programs—Medical services—District as
billing agent—Administrative fee.
Special education programs—Medical services—Billing agent
duties.
[Title 74 RCW—page 25]
74.09.010
74.09.5251
74.09.5253
74.09.5254
74.09.5255
74.09.5256
74.09.530
74.09.540
74.09.545
74.09.565
74.09.575
74.09.585
74.09.595
74.09.600
74.09.650
74.09.660
74.09.700
74.09.720
74.09.730
74.09.740
74.09.755
Title 74 RCW: Public Assistance
Special education programs—Medical services—Categories
of services—Reimbursement system.
Special education programs—Medical services—Student
information—Report to legislature.
Special education programs—Medical services—Reports to
superintendent of public instruction.
Special education programs—Medical services—Incentive
payments.
Special education programs—Medical services—Disbursement of revenue.
Medical assistance—Powers and duties of department.
Medical assistance—Working disabled—Intent.
Medical assistance or limited casualty program—Eligibility—
Agreements between spouses to transfer future income—
Community income.
Medical assistance for institutionalized persons—Treatment
of income between spouses.
Medical assistance for institutionalized persons—Treatment
of resources.
Medical assistance for institutionalized persons—Period of
ineligibility for transfer of resources.
Medical assistance for institutionalized persons—Due process
procedures.
Post audit examinations by state auditor.
Prescription drug assistance program.
Prescription drug education for seniors—Grant qualifications.
Medical care—Limited casualty program.
Prevention of blindness program.
Disproportionate share hospital adjustment.
Amendments to state plan—Federal approval required.
AIDS—Community-based care—Federal social security act
waiver.
ically indigent persons who are without income or resources
sufficient to secure necessary medical services.
(8) "Medical assistance" means the federal aid medical
care program provided to categorically needy persons as
defined under Title XIX of the federal social security act.
(9) "Medical care services" means the limited scope of
care financed by state funds and provided to general assistance recipients, and recipients of alcohol and drug addiction
services provided under chapter 74.50 RCW.
(10) "Nursing home" means nursing home as defined in
RCW 18.51.010.
(11) "Poverty" means the federal poverty level determined annually by the United States department of health and
human services, or successor agency.
(12) "Secretary" means the secretary of social and health
services. [1990 c 296 § 6; 1987 c 406 § 11; 1981 1st ex.s. c 6
§ 18; 1981 c 8 § 17; 1979 c 141 § 333; 1959 c 26 § 74.09.010.
Prior: 1955 c 273 § 2.]
*Reviser's note: "Section 3 of this act" [1990 c 296] which created the
committee was vetoed by the governor.
Effective date—1990 c 296: See note following RCW 74.09.405.
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
MATERNITY CARE ACCESS PROGRAM
74.09.035
74.09.760
74.09.770
74.09.780
74.09.790
74.09.800
74.09.810
74.09.820
74.09.850
74.09.900
74.09.910
Short title—1989 1st ex.s. c 10.
Maternity care access system established.
Reservation of legislative power.
Definitions.
Maternity care access program established.
Alternative maternity care service delivery system established—Remedial action report.
Maternity care provider's loan repayment program.
Conflict with federal requirements.
Other laws applicable.
Severability—1979 ex.s. c 152.
Requirements to seek federal waivers and state law changes to medical
assistance program: RCW 43.20A.860.
74.09.010 Definitions. As used in this chapter:
(1) "Children's health program" means the health care
services program provided to children under eighteen years
of age and in households with incomes at or below the federal
poverty level as annually defined by the federal department
of health and human services as adjusted for family size, and
who are not otherwise eligible for medical assistance or the
limited casualty program for the medically needy.
(2) "Committee" means the children's health services
committee created in *section 3 of this act.
(3) "County" means the board of county commissioners,
county council, county executive, or tribal jurisdiction, or its
designee. A combination of two or more county authorities or
tribal jurisdictions may enter into joint agreements to fulfill
the requirements of RCW 74.09.415 through 74.09.435.
(4) "Department" means the department of social and
health services.
(5) "Department of health" means the Washington state
department of health created pursuant to RCW 43.70.020.
(6) "Internal management" means the administration of
medical assistance, medical care services, the children's
health program, and the limited casualty program.
(7) "Limited casualty program" means the medical care
program provided to medically needy persons as defined
under Title XIX of the federal social security act, and to med74.09.010
[Title 74 RCW—page 26]
74.09.035 Medical care services—Eligibility, standards—Limits. (1) To the extent of available funds, medical
care services may be provided to recipients of general assistance, and recipients of alcohol and drug addiction services
provided under chapter 74.50 RCW, in accordance with medical eligibility requirements established by the department.
(2) Determination of the amount, scope, and duration of
medical care services shall be limited to coverage as defined
by the department, except that adult dental, and routine foot
care shall not be included unless there is a specific appropriation for these services.
(3) The department shall establish standards of assistance and resource and income exemptions, which may
include deductibles and co-insurance provisions. In addition,
the department may include a prohibition against the voluntary assignment of property or cash for the purpose of qualifying for assistance.
(4) Residents of skilled nursing homes, intermediate care
facilities, and intermediate care facilities for the mentally
retarded who are eligible for medical care services shall be
provided medical services to the same extent as provided to
those persons eligible under the medical assistance program.
(5) Payments made by the department under this program shall be the limit of expenditures for medical care services solely from state funds.
(6) Eligibility for medical care services shall commence
with the date of certification for general assistance or the date
of eligibility for alcohol and drug addiction services provided
under chapter 74.50 RCW. [1987 c 406 § 12; 1985 c 5 § 1;
1983 1st ex.s. c 43 § 2; 1982 1st ex.s. c 19 § 3; 1981 1st ex.s.
c 6 § 19.]
Effective date—1983 1st ex.s. c 43: See note following RCW
74.09.700.
Effective date—1982 1st ex.s. c 19: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and shall take effect
April 1, 1982 [April 3, 1982]." [1982 1st ex.s. c 19 § 6.]
(2004 Ed.)
Medical Care
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
74.09.037 Identification card—Social security number restriction. Any card issued after December 31, 2005,
by the department or a managed health care system to a person receiving services under this chapter, that must be presented to providers for purposes of claims processing, may
not display an identification number that includes more than
a four-digit portion of the person's complete social security
number. [2004 c 115 § 3.]
74.09.120
sary. [1979 c 141 § 338; 1959 c 26 § 74.09.080. Prior: 1955
c 273 § 9.]
74.09.037
74.09.110
74.09.110 Administrative personnel—Professional
consultants and screeners. The department shall employ
administrative personnel in both state and local offices and
employ the services of professional screeners and consultants
as found necessary to carry out the proper administration of
the program. [1979 c 141 § 339; 1959 c 26 § 74.09.110.
Prior: 1955 c 273 § 12.]
74.09.120
74.09.050 Secretary's responsibilities and duties—
Personnel—Medical screeners—Medical directors. The
secretary shall appoint such professional personnel and other
assistants and employees, including professional medical
screeners, as may be reasonably necessary to carry out the
provisions of this chapter. The medical screeners shall be
supervised by one or more physicians who shall be appointed
by the secretary or his or her designee. The secretary shall
appoint a medical director who is licensed under chapter
18.57 or 18.71 RCW. [2000 c 5 § 15; 1979 c 141 § 335; 1959
c 26 § 74.09.050. Prior: 1955 c 273 § 6.]
74.09.050
Intent—Purpose—2000 c 5: See RCW 48.43.005.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
74.09.055
74.09.055 Copayment, deductible, coinsurance, costsharing requirements authorized. The department is
authorized to establish copayment, deductible, coinsurance,
or other cost-sharing requirements for recipients of any medical programs defined in RCW 74.09.010. [2003 1st sp.s. c
14 § 1; 1993 c 492 § 231; 1982 c 201 § 19.]
Effective date—2003 1st sp.s. c 14: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect July
1, 2003." [2003 1st sp.s. c 14 § 2.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
74.09.075 Employability and disability evaluation—
Medical condition—Medical reports—Medical consultations and assistance. The department shall provide (a) for
evaluation of employability when a person is applying for
public assistance representing a medical condition as a basis
for need, and (b) for medical reports to be used in the evaluation of total and permanent disability. It shall further provide
for medical consultation and assistance in determining the
need for special diets, housekeeper and attendant services,
and other requirements as found necessary because of the
medical condition under the rules promulgated by the secretary. [1979 c 141 § 337; 1967 ex.s. c 30 § 2.]
74.09.075
74.09.080 Methods of performing administrative
responsibilities. In carrying out the administrative responsibility of this chapter, the department may contract with an
individual or a group, may utilize existing local state public
assistance offices, or establish separate welfare medical care
offices on a county or multicounty unit basis as found neces74.09.080
(2004 Ed.)
74.09.120 Purchases of services, care, supplies—
Nursing homes—Veterans' homes—Institutions for mentally retarded—Institutions for mental diseases. The
department shall purchase necessary physician and dentist
services by contract or "fee for service." The department
shall purchase nursing home care by contract and payment
for the care shall be in accordance with the provisions of
chapter 74.46 RCW and rules adopted by the department
under the authority of RCW 74.46.800. No payment shall be
made to a nursing home which does not permit inspection by
the department of social and health services of every part of
its premises and an examination of all records, including
financial records, methods of administration, general and
special dietary programs, the disbursement of drugs and
methods of supply, and any other records the department
deems relevant to the regulation of nursing home operations,
enforcement of standards for resident care, and payment for
nursing home services.
The department may purchase nursing home care by
contract in veterans' homes operated by the state department
of veterans affairs and payment for the care shall be in accordance with the provisions of chapter 74.46 RCW and rules
adopted by the department under the authority of RCW
74.46.800.
The department may purchase care in institutions for the
mentally retarded, also known as intermediate care facilities
for the mentally retarded. The department shall establish
rules for reasonable accounting and reimbursement systems
for such care. Institutions for the mentally retarded include
licensed nursing homes, public institutions, licensed boarding homes with fifteen beds or less, and hospital facilities certified as intermediate care facilities for the mentally retarded
under the federal medicaid program to provide health, habilitative, or rehabilitative services and twenty-four hour supervision for mentally retarded individuals or persons with
related conditions and includes in the program "active treatment" as federally defined.
The department may purchase care in institutions for
mental diseases by contract. The department shall establish
rules for reasonable accounting and reimbursement systems
for such care. Institutions for mental diseases are certified
under the federal medicaid program and primarily engaged in
providing diagnosis, treatment, or care to persons with mental diseases, including medical attention, nursing care, and
related services.
The department may purchase all other services provided under this chapter by contract or at rates established by
the department. [1998 c 322 § 45; 1993 sp.s. c 3 § 8; 1992 c
8 § 1; 1989 c 372 § 15; 1983 1st ex.s. c 67 § 44; 1981 2nd
[Title 74 RCW—page 27]
74.09.150
Title 74 RCW: Public Assistance
ex.s. c 11 § 6; 1981 1st ex.s. c 2 § 11; (1980 c 177 § 84
repealed by 1983 1st ex.s. c 67 § 48); 1975 1st ex.s. c 213 §
1; 1967 ex.s. c 30 § 1; 1959 c 26 § 74.09.120. Prior: 1955 c
273 § 13.]
Effective date—1998 c 322 §§ 1-37, 40-49, and 52-54: See RCW
74.46.906.
Severability—1998 c 322: See RCW 74.46.907.
Effective date—1993 sp.s. c 3: See note following RCW 72.36.140.
Findings—1993 sp.s. c 3: See RCW 72.36.1601.
Severability—Effective dates—1983 1st ex.s. c 67: See RCW
74.46.905 and 74.46.901.
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
Effective dates—1980 c 177: See RCW 74.46.901.
Conflict with federal requirements and this section: RCW 74.46.840.
74.09.150
74.09.150 Personnel to be under existing merit system. All personnel employed in the administration of the
medical care program shall be covered by the existing merit
system under the Washington personnel resources board.
[1993 c 281 § 66; 1959 c 26 § 74.09.150. Prior: 1955 c 273 §
16.]
Effective date—1993 c 281: See note following RCW 41.06.022.
74.09.160
74.09.160 Presentment of charges by contractors.
Each vendor or group who has a contract and is rendering service to eligible persons as defined in this chapter shall submit
such charges as agreed upon between the department and the
individual or group no later than twelve months from the date
of service. If the final charges are not presented within the
twelve-month period, they shall not be a charge against the
state. Said twelve-month period may also be extended by regulation, but only if required by applicable federal law or regulation, and to no more than the extension of time so
required. For services rendered prior to July 28, 1991, final
charges shall not be a charge against the state unless they are
presented within one hundred twenty days from the date of
service. [1991 c 103 § 1; 1980 c 32 § 11; 1979 ex.s. c 81 § 1;
1973 1st ex.s. c 48 § 1; 1959 c 26 § 74.09.160. Prior: 1955 c
273 § 17.]
74.09.180
74.09.180 Chapter does not apply if another party is
liable—Exception—Subrogation—Lien—Reimbursement—Delegation of lien and subrogation rights. (1) The
provisions of this chapter shall not apply to recipients whose
personal injuries are occasioned by negligence or wrong of
another: PROVIDED, HOWEVER, That the secretary may
furnish assistance, under the provisions of this chapter, for
the results of injuries to or illness of a recipient, and the
department shall thereby be subrogated to the recipient's
rights against the recovery had from any tort feasor or the tort
feasor's insurer, or both, and shall have a lien thereupon to the
extent of the value of the assistance furnished by the department. To secure reimbursement for assistance provided under
this section, the department may pursue its remedies under
RCW 43.20B.060.
(2) The rights and remedies provided to the department
in this section to secure reimbursement for assistance, including the department's lien and subrogation rights, may be delegated to a managed health care system by contract entered
[Title 74 RCW—page 28]
into pursuant to RCW 74.09.522. A managed health care system may enforce all rights and remedies delegated to it by the
department to secure and recover assistance provided under a
managed health care system consistent with its agreement
with the department. [1997 c 236 § 1; 1990 c 100 § 2; 1987
c 283 § 14; 1979 ex.s. c 171 § 14; 1971 ex.s. c 306 § 1; 1969
ex.s. c 173 § 8; 1959 c 26 § 74.09.180. Prior: 1955 c 273 §
19.]
Application—1990 c 100 §§ 2, 4, 7(1), 8(2): See note following RCW
43.20B.060.
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.09.185
74.09.185 Third party has legal liability to make payments—State acquires rights—Lien—Equitable subrogation does not apply. To the extent that payment for covered
expenses has been made under medical assistance for health
care items or services furnished to an individual, in any case
where a third party has a legal liability to make payments, the
state is considered to have acquired the rights of the individual to payment by any other party for those health care items
or services. Recovery pursuant to the subrogation rights,
assignment, or enforcement of the lien granted to the department by this section shall not be reduced, prorated, or applied
to only a portion of a judgment, award, or settlement, except
as provided in RCW 43.20B.050 and 43.20B.060. The doctrine of equitable subrogation shall not apply to defeat,
reduce, or prorate recovery by the department as to its assignment, lien, or subrogation rights. [1995 c 34 § 6.]
74.09.190
74.09.190 Religious beliefs—Construction of chapter. Nothing in this chapter shall be construed as empowering the secretary to compel any recipient of public assistance
and a medical indigent person to undergo any physical examination, surgical operation, or accept any form of medical
treatment contrary to the wishes of said person who relies on
or is treated by prayer or spiritual means in accordance with
the creed and tenets of any well recognized church or religious denomination. [1979 c 141 § 342; 1959 c 26 §
74.09.190. Prior: 1955 c 273 § 23.]
74.09.200
74.09.200 Audits and investigations—Legislative
declaration—State authority. The legislature finds and
declares it to be in the public interest and for the protection of
the health and welfare of the residents of the state of Washington that a proper regulatory and inspection program be
instituted in connection with the providing of medical, dental,
and other health services to recipients of public assistance
and medically indigent persons. In order to effectively
accomplish such purpose and to assure that the recipient of
such services receives such services as are paid for by the
state of Washington, the acceptance by the recipient of such
services, and by practitioners of reimbursement for performing such services, shall authorize the secretary of the department of social and health services or his designee, to inspect
and audit all records in connection with the providing of such
services. [1979 ex.s. c 152 § 1.]
(2004 Ed.)
Medical Care
74.09.210
74.09.210 Fraudulent practices—Penalties. (1) No
person, firm, corporation, partnership, association, agency,
institution, or other legal entity, but not including an individual public assistance recipient of health care, shall, on behalf
of himself or others, obtain or attempt to obtain benefits or
payments under this chapter in a greater amount than that to
which entitled by means of:
(a) A willful false statement;
(b) By willful misrepresentation, or by concealment of
any material facts; or
(c) By other fraudulent scheme or device, including, but
not limited to:
(i) Billing for services, drugs, supplies, or equipment that
were unfurnished, of lower quality, or a substitution or misrepresentation of items billed; or
(ii) Repeated billing for purportedly covered items,
which were not in fact so covered.
(2) Any person or entity knowingly violating any of the
provisions of subsection (1) of this section shall be liable for
repayment of any excess benefits or payments received, plus
interest at the rate and in the manner provided in RCW
43.20B.695. Such person or other entity shall further, in addition to any other penalties provided by law, be subject to civil
penalties. The secretary may assess civil penalties in an
amount not to exceed three times the amount of such excess
benefits or payments: PROVIDED, That these civil penalties
shall not apply to any acts or omissions occurring prior to
September 1, 1979. RCW 43.20A.215 governs notice of a
civil fine and provides the right to an adjudicative proceeding.
(3) A criminal action need not be brought against a person for that person to be civilly liable under this section.
(4) In all proceedings under this section, service, adjudicative proceedings, and judicial review of such determinations shall be in accordance with chapter 34.05 RCW, the
Administrative Procedure Act.
(5) Civil penalties shall be deposited in the general fund
upon their receipt. [1989 c 175 § 146; 1987 c 283 § 7; 1979
ex.s. c 152 § 2.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
74.09.220
74.09.220 Liability for receipt of excess payments.
Any person, firm, corporation, partnership, association,
agency, institution or other legal entity, but not including an
individual public assistance recipient of health care, that,
without intent to violate this chapter, obtains benefits or payments under this code to which such person or entity is not
entitled, or in a greater amount than that to which entitled,
shall be liable for (1) any excess benefits or payments
received, and (2) interest calculated at the rate and in the
manner provided in RCW 43.20B.695. Whenever a penalty is
due under RCW 74.09.210 or interest is due under RCW
43.20B.695, such penalty or interest shall not be reimbursable by the state as an allowable cost under any of the provisions of this chapter. [1987 c 283 § 8; 1979 ex.s. c 152 § 3.]
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
(2004 Ed.)
74.09.240
74.09.230 False statements, fraud—Penalties. Any
person, including any corporation, that
(1) knowingly makes or causes to be made any false
statement or representation of a material fact in any application for any payment under any medical care program authorized under this chapter, or
(2) at any time knowingly makes or causes to be made
any false statement or representation of a material fact for use
in determining rights to such payment, or knowingly falsifies,
conceals, or covers up by any trick, scheme, or device a material fact in connection with such application or payment, or
(3) having knowledge of the occurrence of any event
affecting (a) the initial or continued right to any payment, or
(b) the initial or continued right to any such payment of any
other individual in whose behalf he has applied for or is
receiving such payment, conceals or fails to disclose such
event with an intent fraudulently to secure such payment
either in a greater amount or quantity than is due or when no
such payment is authorized,
shall be guilty of a class C felony: PROVIDED, That the
fine, if imposed, shall not be in an amount more than twentyfive thousand dollars, except as authorized by RCW
9A.20.030. [1979 ex.s. c 152 § 4.]
74.09.230
74.09.240
74.09.240 Bribes, kickbacks, rebates—Self-referrals—Penalties. (1) Any person, including any corporation,
that solicits or receives any remuneration (including any
kickback, bribe, or rebate) directly or indirectly, overtly or
covertly, in cash or in kind
(a) in return for referring an individual to a person for the
furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part
under this chapter, or
(b) in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any
goods, facility, service, or item for which payment may be
made in whole or in part under this chapter,
shall be guilty of a class C felony; however, the fine, if
imposed, shall not be in an amount more than twenty-five
thousand dollars, except as authorized by RCW 9A.20.030.
(2) Any person, including any corporation, that offers or
pays any remuneration (including any kickback, bribe, or
rebate) directly or indirectly, overtly or covertly, in cash or in
kind to any person to induce such person
(a) to refer an individual to a person for the furnishing or
arranging for the furnishing of any item or service for which
payment may be made, in whole or in part, under this chapter,
or
(b) to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any goods, facility,
service, or item for which payment may be made in whole or
in part under this chapter,
shall be guilty of a class C felony; however, the fine, if
imposed, shall not be in an amount more than twenty-five
thousand dollars, except as authorized by RCW 9A.20.030.
(3)(a) Except as provided in 42 U.S.C. 1395 nn, physicians are prohibited from self-referring any client eligible
under this chapter for the following designated health services to a facility in which the physician or an immediate
family member has a financial relationship:
(i) Clinical laboratory services;
[Title 74 RCW—page 29]
74.09.250
Title 74 RCW: Public Assistance
(ii) Physical therapy services;
(iii) Occupational therapy services;
(iv) Radiology including magnetic resonance imaging,
computerized axial tomography, and ultrasound services;
(v) Durable medical equipment and supplies;
(vi) Parenteral and enteral nutrients equipment and supplies;
(vii) Prosthetics, orthotics, and prosthetic devices;
(viii) Home health services;
(ix) Outpatient prescription drugs;
(x) Inpatient and outpatient hospital services;
(xi) Radiation therapy services and supplies.
(b) For purposes of this subsection, "financial relationship" means the relationship between a physician and an
entity that includes either:
(i) An ownership or investment interest; or
(ii) A compensation arrangement.
For purposes of this subsection, "compensation arrangement" means an arrangement involving remuneration
between a physician, or an immediate family member of a
physician, and an entity.
(c) The department is authorized to adopt by rule amendments to 42 U.S.C. 1395 nn enacted after July 23, 1995.
(d) This section shall not apply in any case covered by a
general exception specified in 42 U.S.C. Sec. 1395 nn.
(4) Subsections (1) and (2) of this section shall not apply
to
(a) a discount or other reduction in price obtained by a
provider of services or other entity under this chapter if the
reduction in price is properly disclosed and appropriately
reflected in the costs claimed or charges made by the provider
or entity under this chapter, and
(b) any amount paid by an employer to an employee
(who has a bona fide employment relationship with such
employer) for employment in the provision of covered items
or services.
(5) Subsections (1) and (2) of this section, if applicable
to the conduct involved, shall supersede the criminal provisions of chapter 19.68 RCW, but shall not preclude administrative proceedings authorized by chapter 19.68 RCW. [1995
c 319 § 1; 1979 ex.s. c 152 § 5.]
74.09.250
74.09.250 False statements regarding institutions,
facilities—Penalties. Any person, including any corporation, that knowingly makes or causes to be made, or induces
or seeks to induce the making of, any false statement or representation of a material fact with respect to the conditions or
operations of any institution or facility in order that such
institution or facility may qualify (either upon initial certification or upon recertification) as a hospital, nursing facility,
or home health agency, shall be guilty of a class C felony:
PROVIDED, That the fine, if imposed, shall not be in an
amount more than five thousand dollars. [1991 sp.s. c 8 § 6;
1979 ex.s. c 152 § 6.]
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
74.09.260
74.09.260 Excessive charges, payments—Penalties.
Any person, including any corporation, that knowingly:
(1) Charges, for any service provided to a patient under
any medical care plan authorized under this chapter, money
[Title 74 RCW—page 30]
or other consideration at a rate in excess of the rates established by the department of social and health services; or
(2) Charges, solicits, accepts, or receives, in addition to
any amount otherwise required to be paid under such plan,
any gift, money, donation, or other consideration (other than
a charitable, religious, or philanthropic contribution from an
organization or from a person unrelated to the patient):
(a) As a precondition of admitting a patient to a hospital
or nursing facility; or
(b) As a requirement for the patient's continued stay in
such facility,
when the cost of the services provided therein to the patient is
paid for, in whole or in part, under such plan, shall be guilty
of a class C felony: PROVIDED, That the fine, if imposed,
shall not be in an amount more than twenty-five thousand
dollars, except as authorized by RCW 9A.20.030. [1991 sp.s.
c 8 § 7; 1979 ex.s. c 152 § 7.]
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
74.09.270
74.09.270 Failure to maintain trust funds in separate
account—Penalties. (1) Any person having any patient trust
funds in his possession, custody, or control, who, knowing
that he is violating any statute, regulation, or agreement,
deliberately fails to deposit, transfer, or maintain said funds
in a separate, designated, trust bank account as required by
such statute, regulation, or agreement shall be guilty of a
gross misdemeanor and shall be punished by imprisonment
for not more than one year in the county jail, or by a fine of
not more than ten thousand dollars or as authorized by RCW
9A.20.030, or by both such fine and imprisonment.
(2) "Patient trust funds" are funds received by any health
care facility which belong to patients and are required by any
state or federal statute, regulation, or by agreement to be kept
in a separate trust bank account for the benefit of such
patients.
(3) This section shall not be construed to prevent a prosecution for theft. [1979 ex.s. c 152 § 8.]
74.09.280
74.09.280 False verification of written statements—
Penalties. The secretary of social and health services may by
rule require that any application, statement, or form filled out
by suppliers of medical care under this chapter shall contain
or be verified by a written statement that it is made under the
penalties of perjury and such declaration shall be in lieu of
any oath otherwise required, and each such paper shall in
such event so state. The making or subscribing of any such
papers or forms containing any false or misleading information may be prosecuted and punished under chapter 9A.72
RCW. [1979 ex.s. c 152 § 9.]
74.09.290
74.09.290 Department audits and investigations of
providers—Patient records—Penalties. The secretary of
the department of social and health services or his authorized
representative shall have the authority to:
(1) Conduct audits and investigations of providers of
medical and other services furnished pursuant to this chapter,
except that the Washington state medical quality assurance
commission shall generally serve in an advisory capacity to
the secretary in the conduct of audits or investigations of physicians. Any overpayment discovered as a result of an audit
(2004 Ed.)
Medical Care
of a provider under this authority shall be offset by any
underpayments discovered in that same audit sample. In
order to determine the provider's actual, usual, customary, or
prevailing charges, the secretary may examine such random
representative records as necessary to show accounts billed
and accounts received except that in the conduct of such
examinations, patient names, other than public assistance
applicants or recipients, shall not be noted, copied, or otherwise made available to the department. In order to verify
costs incurred by the department for treatment of public
assistance applicants or recipients, the secretary may examine patient records or portions thereof in connection with services to such applicants or recipients rendered by a health
care provider, notwithstanding the provisions of RCW
5.60.060, 18.53.200, 18.83.110, or any other statute which
may make or purport to make such records privileged or confidential: PROVIDED, That no original patient records shall
be removed from the premises of the health care provider,
and that the disclosure of any records or information by the
department of social and health services is prohibited and
shall be punishable as a class C felony according to chapter
9A.20 RCW, unless such disclosure is directly connected to
the official purpose for which the records or information were
obtained: PROVIDED FURTHER, That the disclosure of
patient information as required under this section shall not
subject any physician or other health services provider to any
liability for breach of any confidential relationship between
the provider and the patient, but no evidence resulting from
such disclosure may be used in any civil, administrative, or
criminal proceeding against the patient unless a waiver of the
applicable evidentiary privilege is obtained: PROVIDED
FURTHER, That the secretary shall destroy all copies of
patient medical records in their possession upon completion
of the audit, investigation or proceedings;
(2) Approve or deny applications to participate as a provider of services furnished pursuant to this chapter;
(3) Terminate or suspend eligibility to participate as a
provider of services furnished pursuant to this chapter; and
(4) Adopt, promulgate, amend, and repeal administrative
rules, in accordance with the Administrative Procedure Act,
chapter 34.05 RCW, to carry out the policies and purposes of
RCW 74.09.200 through 74.09.290. [1994 sp.s. c 9 § 749;
1990 c 100 § 5; 1983 1st ex.s. c 41 § 23; 1979 ex.s. c 152 §
10.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
74.09.300 Department to report penalties to appropriate licensing agency or disciplinary board. Whenever
the secretary of the department of social and health services
imposes a civil penalty under RCW 74.09.210, or terminates
or suspends a provider's eligibility under RCW 74.09.290, he
shall, if the provider is licensed pursuant to Titles 18, 70, or
71 RCW, give written notice of such imposition, termination,
or suspension to the appropriate licensing agency or disciplinary board. [1979 ex.s. c 152 § 11.]
74.09.300
74.09.405 Children's health program—Purpose. It is
the purpose of RCW 74.09.405 through 74.09.435 and
74.09.010 to provide, consistent with appropriated funds,
74.09.405
(2004 Ed.)
74.09.415
health care access and services to children in poverty in this
state. To this end, a children's health program is established
based on the following principles:
(1) Access to preventive and other health care services
should be made more readily available for children in poverty.
(2) Unnecessary barriers to health care for children in
poverty should be removed.
(3) The status of children's health and their access to
health care providers should be evaluated at appropriate
intervals to determine program effectiveness and need for
modification.
(4) Health care services should be delivered in a costeffective manner.
(5) The program should be sensitive to cultural and ethnic differences among children in poverty. [1990 c 296 § 1.]
Effective date—1990 c 296: "This act shall take effect July 1, 1990."
[1990 c 296 § 9.]
74.09.415
74.09.415 Children's health program established. (1)
There is hereby established a program to be known as the
children's health program.
To the extent of available funds:
(a) Health care services may be provided to persons who
are under eighteen years of age with household incomes at or
below the federal poverty level and eligible for medical assistance or the limited casualty program for the medically
needy.
(b) The determination of eligibility of recipients for
health care services shall be the responsibility of the department. The application process shall be easy to understand
and, to the extent possible, applications shall be made available at local schools and other appropriate locations. The
department shall make eligibility determinations within the
time frames for establishing eligibility for children on medical assistance, as defined by RCW 74.09.510.
(c) The amount, scope, and duration of health care services provided to eligible children under the children's health
program shall be the same as that provided to children under
medical assistance, as defined in RCW 74.09.520.
(2) The legislature is interested in assessing the effectiveness of the prenatal care program. However, the legislature recognizes the cost and complexity associated with such
assessment.
The legislature accepts the effectiveness of prenatal and
maternity care at improving birth outcomes when these services are received by eligible persons. Therefore, the legislature intends to focus scarce assessment resources to determine the extent to which support services such as child care,
psychosocial and nutritional assessment and counseling, case
management, transportation, and other support services
authorized by chapter 296, Laws of 1990, result in receipt of
prenatal and maternity care by eligible persons.
The University of Washington shall conduct a study,
based on a statistically significant statewide sampling of data,
to evaluate the effectiveness of the maternity care access program set forth in RCW 74.09.760 through 74.09.820 based
on the principles set forth in RCW 74.09.770.
The University of Washington shall develop a plan and
budget for the study in consultation with the joint legislative
audit and review committee. The joint legislative audit and
[Title 74 RCW—page 31]
74.09.425
Title 74 RCW: Public Assistance
review committee shall also monitor the progress of the
study.
The department of social and health services shall make
data and other information available as needed to the University of Washington as required to conduct this study.
The study shall determine:
(a) The characteristics of women receiving services,
including health risk factors;
(b) The extent to which access to maternity care and support services have improved in this state as a result of this
program;
(c) The utilization of services and birth outcomes for
women and infants served by this program by type of practitioner;
(d) The extent to which birth outcomes for women
receiving services under this program have improved in comparison to birth outcomes of nonmedicaid mothers;
(e) The impact of increased medicaid reimbursement to
physicians on provider participation;
(f) The difference between costs for services provided
under this program and medicaid reimbursement for the services;
(g) The gaps in services, if any, that may still exist for
women and their infants as defined by RCW 74.09.790 (1)
and (4) served by this program, excluding pregnant substance
abusers, and women covered by private health insurance; and
(h) The number and mix of services provided to eligible
women as defined by subsection (2)(g) of this section and the
effect on birth outcomes as compared to nonmedicaid birth
outcomes. [2002 c 366 § 2; 1998 c 245 § 144; 1990 c 296 §
2.]
Effective date—2002 c 366: See note following RCW 74.08A.100.
Effective date—1990 c 296: See note following RCW 74.09.405.
74.09.425
74.09.425 Children's health care accessibility—Community action. Local communities are encouraged to take
actions necessary to make health care more accessible to children in poverty in their communities, such as coordinating
the development of alternative health care delivery systems.
To support communities in their efforts, *the committee, in
coordination with counties and to the extent funds are available, shall: (1) Advise the secretary and the secretary of
health regarding the dispensing of technical assistance to
counties to enable them to develop provider resources and
expand coordinated provision of health care to children in
poverty, and (2) recommend to the secretary financial incentives to be provided within counties requesting assistance
according to *section 3 of this act. [1990 c 296 § 4.]
*Reviser's note: "Section 3 of this act" [1990 c 296], which created
"the committee," was vetoed by the governor.
Effective date—1990 c 296: See note following RCW 74.09.405.
74.09.435
74.09.435 Children's health program—Biennial
evaluation. *The committee, in coordination with the
department of health, shall reevaluate the state of access to
care for children in poverty on at least a biennial basis and
shall provide this information, along with information on the
implementation of RCW 74.09.405 through 74.09.425, to the
board of health for consideration of possible inclusion in the
biennial state health report. [1990 c 296 § 5.]
[Title 74 RCW—page 32]
*Reviser's note: The section that created "the committee" [1990 c 296
§ 3] was vetoed by the governor.
Effective date—1990 c 296: See note following RCW 74.09.405.
74.09.450
74.09.450 Children's health insurance program—
Intent—Department duties. (1) It is the intent of the legislature to create the children's health insurance program, the
benefits of which are not an entitlement, to provide health
care to children who are eligible for health care coverage
under Title XXI of the federal social security act.
(2) For the purposes of this section, "children's health
insurance program" means the program established in compliance with Title XXI of the federal social security act for
health care coverage of children: (a) Who are under the age
of nineteen; (b) whose family income at the time of enrollment exceeds two hundred percent, but does not exceed two
hundred fifty percent, of the federal poverty level as adjusted
for family size and determined annually by the federal department of health and human services; (c) who choose to obtain
health care coverage in return for periodic payments; and (d)
who are otherwise eligible under Title XXI.
(3) Consistent with appropriated funds, the department
shall design and administer the children's health insurance
program under Title XXI of the federal social security act.
The benefit and cost-sharing designs shall comply with Title
XXI. The primary mechanism for purchasing and delivery of
health care for the program shall be through contracts with
managed health care systems as defined in RCW 74.09.522.
Consistent with Title XXI, the department may purchase
health coverage for uninsured children whose families have
access to dependent coverage.
(4) The department shall: Accept applications for enrollment in the children's health insurance program; establish
appropriate minimum-enrollment periods, as may be necessary; and determine, upon application and based on a reasonable schedule defined by the department, eligibility due to
current family income. No assistance may be paid with
respect to any children's health insurance enrollee whose current family income is less than two hundred percent or greater
than two hundred fifty percent of the federal poverty level or,
is not otherwise eligible under Title XXI of the federal social
security act.
(5) The department shall make every effort to obtain a
change in federal law such that the state of Washington is
authorized to use its children's health insurance program
allotment to provide health care coverage for children whose
family income at the time of enrollment is less than two hundred percent of the federal poverty level. By December 1,
1999, the department shall report to the legislature describing
its efforts and the congressional response. [1999 c 370 § 1.]
74.09.500
74.09.500 Medical assistance—Established. There is
hereby established a new program of federal-aid assistance to
be known as medical assistance to be administered by the
state department of social and health services. The department of social and health services is authorized to comply
with the federal requirements for the medical assistance program provided in the Social Security Act and particularly
Title XIX of Public Law (89-97) in order to secure federal
matching funds for such program. [1979 c 141 § 343; 1967
ex.s. c 30 § 3.]
(2004 Ed.)
Medical Care
74.09.510 Medical assistance—Eligibility. Medical
assistance may be provided in accordance with eligibility
requirements established by the department, as defined in the
social security Title XIX state plan for mandatory categorically needy persons and: (1) Individuals who would be eligible for cash assistance except for their institutional status; (2)
individuals who are under twenty-one years of age, who
would be eligible for medicaid, but do not qualify as dependent children and who are in (a) foster care, (b) subsidized
adoption, (c) a nursing facility or an intermediate care facility
for the mentally retarded, or (d) inpatient psychiatric facilities; (3) the aged, blind, and disabled who: (a) Receive only
a state supplement, or (b) would not be eligible for cash assistance if they were not institutionalized; (4) categorically eligible individuals who meet the income and resource requirements of the cash assistance programs; (5) individuals who
are enrolled in managed health care systems, who have otherwise lost eligibility for medical assistance, but who have not
completed a current six-month enrollment in a managed
health care system, and who are eligible for federal financial
participation under Title XIX of the social security act; (6)
children and pregnant women allowed by federal statute for
whom funding is appropriated; (7) working individuals with
disabilities authorized under section 1902(a)(10)(A)(ii) of the
social security act for whom funding is appropriated; (8)
other individuals eligible for medical services under RCW
74.09.035 and 74.09.700 for whom federal financial participation is available under Title XIX of the social security act;
(9) persons allowed by section 1931 of the social security act
for whom funding is appropriated; and (10) women who: (a)
Are under sixty-five years of age; (b) have been screened for
breast and cervical cancer under the national breast and cervical cancer early detection program administered by the
department of health or tribal entity and have been identified
as needing treatment for breast or cervical cancer; and (c) are
not otherwise covered by health insurance. Medical assistance provided under this subsection is limited to the period
during which the woman requires treatment for breast or cervical cancer, and is subject to any conditions or limitations
specified in the omnibus appropriations act. [2001 2nd sp.s.
c 15 § 3; 2001 1st sp.s. c 4 § 1. Prior: 1997 c 59 § 14; 1997 c
58 § 201; 1991 sp.s. c 8 § 8; 1989 1st ex.s. c 10 § 8; 1989 c 87
§ 2; 1985 c 5 § 2; 1981 2nd ex.s. c 3 § 5; 1981 1st ex.s. c 6 §
20; 1981 c 8 § 19; 1971 ex.s. c 169 § 4; 1970 ex.s. c 60 § 1;
1967 ex.s. c 30 § 4.]
74.09.510
Reviser's note: This section was amended by 2001 1st sp.s. c 4 § 1 and
by 2001 2nd sp.s. c 15 § 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Intent—2001 2nd sp.s. c 15: See note following RCW
74.09.540.
Effective date—2001 1st sp.s. c 4: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect July 1,
2001." [2001 1st sp.s. c 4 § 2.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
Effective dates—1989 c 87: See notes following RCW 11.94.050.
Severability—1981 2nd ex.s. c 3: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
(2004 Ed.)
74.09.520
the act or the application of the provision to other persons or circumstances
is not affected." [1981 2nd ex.s. c 3 § 8.]
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
74.09.520
74.09.520 Medical assistance—Care and services
included—Funding limitations. (1) The term "medical
assistance" may include the following care and services: (a)
Inpatient hospital services; (b) outpatient hospital services;
(c) other laboratory and x-ray services; (d) nursing facility
services; (e) physicians' services, which shall include prescribed medication and instruction on birth control devices;
(f) medical care, or any other type of remedial care as may be
established by the secretary; (g) home health care services;
(h) private duty nursing services; (i) dental services; (j) physical and occupational therapy and related services; (k) prescribed drugs, dentures, and prosthetic devices; and eyeglasses prescribed by a physician skilled in diseases of the
eye or by an optometrist, whichever the individual may
select; (l) personal care services, as provided in this section;
(m) hospice services; (n) other diagnostic, screening, preventive, and rehabilitative services; and (o) like services when
furnished to a child by a school district in a manner consistent
with the requirements of this chapter. For the purposes of this
section, the department may not cut off any prescription medications, oxygen supplies, respiratory services, or other lifesustaining medical services or supplies.
"Medical assistance," notwithstanding any other provision of law, shall not include routine foot care, or dental services delivered by any health care provider, that are not mandated by Title XIX of the social security act unless there is a
specific appropriation for these services.
(2) The department shall amend the state plan for medical assistance under Title XIX of the federal social security
act to include personal care services, as defined in 42 C.F.R.
440.170(f), in the categorically needy program.
(3) The department shall adopt, amend, or rescind such
administrative rules as are necessary to ensure that Title XIX
personal care services are provided to eligible persons in conformance with federal regulations.
(a) These administrative rules shall include financial eligibility indexed according to the requirements of the social
security act providing for medicaid eligibility.
(b) The rules shall require clients be assessed as having a
medical condition requiring assistance with personal care
tasks. Plans of care for clients requiring health-related consultation for assessment and service planning may be
reviewed by a nurse.
(c) The department shall determine by rule which clients
have a health-related assessment or service planning need
requiring registered nurse consultation or review. This definition may include clients that meet indicators or protocols
for review, consultation, or visit.
(4) The department shall design and implement a means
to assess the level of functional disability of persons eligible
for personal care services under this section. The personal
care services benefit shall be provided to the extent funding is
available according to the assessed level of functional disability. Any reductions in services made necessary for funding reasons should be accomplished in a manner that assures
that priority for maintaining services is given to persons with
[Title 74 RCW—page 33]
74.09.522
Title 74 RCW: Public Assistance
the greatest need as determined by the assessment of functional disability.
(5) Effective July 1, 1989, the department shall offer
hospice services in accordance with available funds.
(6) For Title XIX personal care services administered by
aging and disability services administration of the department, the department shall contract with area agencies on
aging:
(a) To provide case management services to individuals
receiving Title XIX personal care services in their own home;
and
(b) To reassess and reauthorize Title XIX personal care
services or other home and community services as defined in
RCW 74.39A.009 in home or in other settings for individuals
consistent with the intent of this section:
(i) Who have been initially authorized by the department
to receive Title XIX personal care services or other home and
community services as defined in RCW 74.39A.009; and
(ii) Who, at the time of reassessment and reauthorization,
are receiving such services in their own home.
(7) In the event that an area agency on aging is unwilling
to enter into or satisfactorily fulfill a contract or an individual
consumer's need for case management services will be met
through an alternative delivery system, the department is
authorized to:
(a) Obtain the services through competitive bid; and
(b) Provide the services directly until a qualified contractor can be found. [2004 c 141 § 2; 2003 c 279 § 1; 1998 c 245
§ 145; 1995 1st sp.s. c 18 § 39; 1994 c 21 § 4. Prior: 1993 c
149 § 10; 1993 c 57 § 1; 1991 sp.s. c 8 § 9; prior: 1991 c 233
§ 1; 1991 c 119 § 1; prior: 1990 c 33 § 594; 1990 c 25 § 1;
prior: 1989 c 427 § 10; 1989 c 400 § 3; 1985 c 5 § 3; 1982 1st
ex.s. c 19 § 4; 1981 1st ex.s. c 6 § 21; 1981 c 8 § 20; 1979 c
141 § 344; 1969 ex.s. c 173 § 11; 1967 ex.s. c 30 § 5.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Conflict with federal requirements—Effective date—1994 c 21: See
notes following RCW 43.20B.080.
Conflict with federal requirements—Severability—Effective
dates—1993 c 149: See notes following RCW 74.09.5241.
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1989 c 427: See RCW 74.39.900.
Intent—1989 c 400: See note following RCW 28A.150.390.
Effective date—1982 1st ex.s. c 19: See note following RCW
74.09.035.
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
Legislative confirmation of effect of 1994 c 21: RCW 43.20B.090.
74.09.522
74.09.522 Medical assistance—Agreements with
managed health care systems required for services to
recipients of temporary assistance for needy families—
Principles to be applied in purchasing managed health
care. (1) For the purposes of this section, "managed health
care system" means any health care organization, including
health care providers, insurers, health care service contractors, health maintenance organizations, health insuring organizations, or any combination thereof, that provides directly
or by contract health care services covered under RCW
[Title 74 RCW—page 34]
74.09.520 and rendered by licensed providers, on a prepaid
capitated basis and that meets the requirements of section
1903(m)(1)(A) of Title XIX of the federal social security act
or federal demonstration waivers granted under section
1115(a) of Title XI of the federal social security act.
(2) The department of social and health services shall
enter into agreements with managed health care systems to
provide health care services to recipients of temporary assistance for needy families under the following conditions:
(a) Agreements shall be made for at least thirty thousand
recipients statewide;
(b) Agreements in at least one county shall include
enrollment of all recipients of temporary assistance for needy
families;
(c) To the extent that this provision is consistent with
section 1903(m) of Title XIX of the federal social security act
or federal demonstration waivers granted under section
1115(a) of Title XI of the federal social security act, recipients shall have a choice of systems in which to enroll and
shall have the right to terminate their enrollment in a system:
PROVIDED, That the department may limit recipient termination of enrollment without cause to the first month of a
period of enrollment, which period shall not exceed twelve
months: AND PROVIDED FURTHER, That the department
shall not restrict a recipient's right to terminate enrollment in
a system for good cause as established by the department by
rule;
(d) To the extent that this provision is consistent with
section 1903(m) of Title XIX of the federal social security
act, participating managed health care systems shall not
enroll a disproportionate number of medical assistance recipients within the total numbers of persons served by the managed health care systems, except as authorized by the department under federal demonstration waivers granted under section 1115(a) of Title XI of the federal social security act;
(e) In negotiating with managed health care systems the
department shall adopt a uniform procedure to negotiate and
enter into contractual arrangements, including standards
regarding the quality of services to be provided; and financial
integrity of the responding system;
(f) The department shall seek waivers from federal
requirements as necessary to implement this chapter;
(g) The department shall, wherever possible, enter into
prepaid capitation contracts that include inpatient care. However, if this is not possible or feasible, the department may
enter into prepaid capitation contracts that do not include
inpatient care;
(h) The department shall define those circumstances
under which a managed health care system is responsible for
out-of-plan services and assure that recipients shall not be
charged for such services; and
(i) Nothing in this section prevents the department from
entering into similar agreements for other groups of people
eligible to receive services under this chapter.
(3) The department shall ensure that publicly supported
community health centers and providers in rural areas, who
show serious intent and apparent capability to participate as
managed health care systems are seriously considered as contractors. The department shall coordinate its managed care
activities with activities under chapter 70.47 RCW.
(2004 Ed.)
Medical Care
(4) The department shall work jointly with the state of
Oregon and other states in this geographical region in order to
develop recommendations to be presented to the appropriate
federal agencies and the United States congress for improving health care of the poor, while controlling related costs.
(5) The legislature finds that competition in the managed
health care marketplace is enhanced, in the long term, by the
existence of a large number of managed health care system
options for medicaid clients. In a managed care delivery system, whose goal is to focus on prevention, primary care, and
improved enrollee health status, continuity in care relationships is of substantial importance, and disruption to clients
and health care providers should be minimized. To help
ensure these goals are met, the following principles shall
guide the department in its healthy options managed health
care purchasing efforts:
(a) All managed health care systems should have an
opportunity to contract with the department to the extent that
minimum contracting requirements defined by the department are met, at payment rates that enable the department to
operate as far below appropriated spending levels as possible,
consistent with the principles established in this section.
(b) Managed health care systems should compete for the
award of contracts and assignment of medicaid beneficiaries
who do not voluntarily select a contracting system, based
upon:
(i) Demonstrated commitment to or experience in serving low-income populations;
(ii) Quality of services provided to enrollees;
(iii) Accessibility, including appropriate utilization, of
services offered to enrollees;
(iv) Demonstrated capability to perform contracted services, including ability to supply an adequate provider network;
(v) Payment rates; and
(vi) The ability to meet other specifically defined contract requirements established by the department, including
consideration of past and current performance and participation in other state or federal health programs as a contractor.
(c) Consideration should be given to using multiple year
contracting periods.
(d) Quality, accessibility, and demonstrated commitment
to serving low-income populations shall be given significant
weight in the contracting, evaluation, and assignment process.
(e) All contractors that are regulated health carriers must
meet state minimum net worth requirements as defined in
applicable state laws. The department shall adopt rules establishing the minimum net worth requirements for contractors
that are not regulated health carriers. This subsection does not
limit the authority of the department to take action under a
contract upon finding that a contractor's financial status seriously jeopardizes the contractor's ability to meet its contract
obligations.
(f) Procedures for resolution of disputes between the
department and contract bidders or the department and contracting carriers related to the award of, or failure to award, a
managed care contract must be clearly set out in the procurement document. In designing such procedures, the department shall give strong consideration to the negotiation and
dispute resolution processes used by the Washington state
(2004 Ed.)
74.09.5225
health care authority in its managed health care contracting
activities.
(6) The department may apply the principles set forth in
subsection (5) of this section to its managed health care purchasing efforts on behalf of clients receiving supplemental
security income benefits to the extent appropriate. [1997 c 59
§ 15; 1997 c 34 § 1; 1989 c 260 § 2; 1987 1st ex.s. c 5 § 21;
1986 c 303 § 2.]
Reviser's note: This section was amended by 1997 c 34 § 1 and by
1997 c 59 § 15, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1997 c 34: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 16, 1997]." [1997 c 34 § 3.]
Severability—1987 1st ex.s. c 5: See note following RCW 70.47.901.
Legislative findings—Intent—1986 c 303: "(1) The legislature finds
that:
(a) Good health care for indigent persons is of importance to the state;
(b) To ensure the availability of a good level of health care, efforts must
be made to encourage cost consciousness on the part of providers and consumers, while maintaining medical assistance recipients within the mainstream of health care delivery;
(c) Managed health care systems have been found to be effective in
controlling costs while providing good health care services;
(d) By enrolling medical assistance recipients within managed health
care systems, the state's goal is to ensure that medical assistance recipients
receive at least the same quality of care they currently receive.
(2) It is the intent of the legislature to develop and implement new strategies that promote the use of managed health care systems for medical assistance recipients by establishing prepaid capitated programs for both inpatient and out-patient services." [1986 c 303 § 1.]
74.09.5221 Medical assistance—Federal standards—
Waivers—Application. To the extent that federal statutes or
regulations, or provisions of waivers granted to the department of social and health services by the federal department
of health and human services, include standards that differ
from the minimums stated in *sections 101 through 106, 109,
and 111 of this act, those sections do not apply to contracts
with health carriers awarded pursuant to RCW 74.09.522.
[1997 c 231 § 112.]
74.09.5221
*Reviser's note: Sections 101 through 106, 109, and 111 of this act
were vetoed by the governor.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
74.09.5225 Medical assistance—Payments for services provided by rural hospitals. Payments for recipients
eligible for medical assistance programs under this chapter
for services provided by hospitals, regardless of the beneficiary's managed care enrollment status, shall be made based
on allowable costs incurred during the year, when services
are provided by a rural hospital certified by the health care
financing administration as a critical access hospital. Any
additional payments made by the medical assistance administration for the healthy options program shall be no more than
the additional amounts per service paid under this section for
other medical assistance programs. [2001 2nd sp.s. c 2 § 2.]
74.09.5225
Findings—2001 2nd sp.s. c 2: "The legislature finds that promoting a
financially viable health care system in all parts of the state is a paramount
interest. The health care financing administration has recognized the crucial
role that hospitals play in providing care in rural areas by creating the critical
access hospital program to allow small, rural hospitals that qualify to receive
reasonable cost-based reimbursement for medicare services. The legislature
[Title 74 RCW—page 35]
74.09.5227
Title 74 RCW: Public Assistance
further finds that creating a similar reimbursement system for the state's
medical assistance programs in small, rural hospitals that qualify will help
assure the long-term financial viability of the rural health system in those
communities." [2001 2nd sp.s. c 2 § 1.]
74.09.5227 Implementation date—Payments for services provided by rural hospitals. The department shall
implement the program created in RCW 74.09.5225 within
sixty days of September 20, 2001, regardless of the beneficiary's managed care status. [2001 2nd sp.s. c 2 § 3.]
74.09.5227
Findings—2001 2nd sp.s. c 2: See note following RCW 74.09.5225.
74.09.523 PACE program—Definitions—Requirements. (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "PACE" means the program of all-inclusive care for
the elderly, a managed care medicare/medicaid program
authorized under sections 1894, 1905(a), and 1934 of the
social security act and administered by the department.
(b) "PACE program agreement" means an agreement
between a PACE organization, the health care financing
administration, and the department.
(2) A PACE program may operate in the state only in
accordance with a PACE program agreement with the department.
(3) A PACE program shall at the time of entering into the
initial PACE program agreement, and at each renewal
thereof, demonstrate cash reserves to cover expenses in the
event of insolvency.
(a) The cash reserves at a minimum shall equal the sum
of:
(i) One month's total capitation revenue; and
(ii) One month's average payment to subcontractors.
(b) The program may demonstrate cash reserves to cover
expenses of insolvency with one or more of the following:
Reasonable and sufficient net worth, insolvency insurance, or
parental guarantees.
(4) A PACE program must provide full disclosure
regarding the terms of enrollment and the option to disenroll
at any time to all persons who seek to participate or who are
participants in the program. [2001 c 191 § 2.]
74.09.523
Finding—2001 c 191: "The legislature finds that PACE programs provide essential care to the frail elderly in the state of Washington. PACE
serves to enhance the quality of life and autonomy for frail, older adults,
maximize the dignity of and respect for older adults, enable frail and older
adults to live in their homes and their community as long as medically possible, and preserve and support the older adult's family unit." [2001 c 191 § 1.]
Effective date—2001 c 191: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2001]." [2001 c 191 § 4.]
74.09.5241 Special education programs—Medical
services—Finding—Intent. The legislature finds that there
is increasing demand for medical services provided through
the state's special education programs and that many of these
services qualify for federal financial participation under Title
XIX of the federal social security act. The legislature further
finds that these services may be covered under private insurance policies. The legislature intends to establish a statewide
system of billing medicaid and private insurers for eligible
medical services provided through special education programs, in order that federal funding of medical services in
74.09.5241
[Title 74 RCW—page 36]
special education programs will be maximized and that additional revenue be made available for education programs. It is
the further intent of the legislature that the program be administered by a public or private agency in such a fashion as to
ensure that the additional administrative workloads for the
districts and the health practitioners in the schools are kept to
a minimum. [1993 c 149 § 1.]
Conflict with federal requirements—1993 c 149: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned. The
rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [1993 c 149 § 12.]
Severability—1993 c 149: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 149 § 13.]
Effective dates—1993 c 149: "(1) Sections 1 through 10 and 12
through 14 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately [April 30,
1993].
(2) Section 11 of this act takes effect September 1, 1993." [1993 c 149
§ 15.]
74.09.5243
74.09.5243 Special education programs—Definitions. Unless the context clearly requires otherwise, the following definitions apply throughout RCW 74.09.5241
through 74.09.5253 and 74.09.5254 through 74.09.5256.
(1) "District" means a school district, educational service
district, or educational cooperatives offering special education services under chapter 28A.155 RCW.
(2) "Medical assistance" and "medicaid" means federal
and state-funded programs under which medical services are
provided under Title XIX of the federal social security act.
(3) "Medical services" means district services that qualify for medicaid funding. [1994 c 180 § 1; 1993 c 149 § 2.]
Conflict with federal requirements—1994 c 180: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned. The
rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [1994 c 180 § 10.]
Severability—1994 c 180: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1994 c 180 § 11.]
Conflict with federal requirements—Severability—Effective
dates—1993 c 149: See notes following RCW 74.09.5241.
74.09.5245
74.09.5245 Special education programs—Medical
services—Billing agent contract process. The superintendent of public instruction shall take necessary steps to establish a competitive bidding process for a contract to act as the
state's billing agent for medical services provided through its
special education programs. The process must be open to private firms and public entities. [1993 c 149 § 3.]
Conflict with federal requirements—Severability—Effective
dates—1993 c 149: See notes following RCW 74.09.5241.
(2004 Ed.)
Medical Care
74.09.5247
74.09.5247 Special education programs—Medical
services—District as billing agent—Administrative fee.
(1) Chapter 149, Laws of 1993 does not apply to contracts
between individual districts and private firms entered into for
the purpose of billing either medicaid or private insurers, or
both, for medical services and agreed to before April 30,
1993, except as provided in *RCW 28A.155.150(2).
(2) A district may elect to act as its own billing agent as
of the start of any school year. For a district being served by
the statewide billing agent, the district shall notify the billing
agent in writing, no less than thirty days before the start of the
school year, of its intent to terminate the agency relationship.
A district that acts as its own billing agent or a district with a
preexisting contract under subsection (1) of this section is
entitled to an administrative fee equivalent to that of the statewide billing agent. [1994 c 180 § 2; 1993 c 149 § 4.]
*Reviser's note: RCW 28A.155.150 was repealed by 1994 c 180 § 9.
Conflict with federal requirements—Severability—1994 c 180: See
notes following RCW 74.09.5243.
Conflict with federal requirements—Severability—Effective
dates—1993 c 149: See notes following RCW 74.09.5241.
74.09.5249
74.09.5249 Special education programs—Medical
services—Billing agent duties. (1) The agency awarded the
contract under RCW 74.09.5245 shall:
(a) Enroll all districts in this state, except those with preexisting contracts under RCW 74.09.5247, as medicaid providers effective the beginning of the 1993-94 school year;
(b) Develop a statewide system of billing the department
and private insurers for medical services provided in special
education programs;
(c) Train health care practitioners employed by or contracting with districts in medicaid and insurer billing;
(d) Verify the medicaid eligibility of students enrolled in
special education programs in each district;
(e) Provide ongoing technical assistance to practitioners
and districts; and
(f) Process and forward all medicaid claims to the
department and all other claims to private insurers.
(2) For each student, individual districts may, in consultation with the billing agent, deliver to the student's parent or
guardian a letter, prepared by the billing agent, requesting the
consent of the parent or guardian to bill the student's health
insurance carrier for services provided through the special
education program. If a district chooses to do this, the letter
must be accompanied by a consent form, on which the parent
may identify the student's health insurance carrier so that the
billing agent may bill the carrier for medical services provided to the student. The letter must clearly state the following:
(a) That the billing program is designed in part to raise
additional funds to improve education services;
(b) That under no circumstances will the parent or guardian be personally charged for any portion of the bill not paid
by the insurer, including copayments, deductibles, or uncovered services;
(c) That the amount of the billing will apply to the policy's annual deductible even though the parent will not be
billed for the amount of the deductible;
(2004 Ed.)
74.09.5254
(d) That the amount of the billing, will, however, apply
towards annual or lifetime benefit caps if these are included
in the policy;
(e) That it is possible that their premiums would be
increased as a result of their consent;
(f) That if any of the possible negative consequences of
consent were to affect them, they are free to withdraw their
consent at any time; and
(g) That their consent is entirely voluntary and that the
services the student receives through the district will not be
affected by their willingness or refusal to consent to the billing of their private insurer. [1994 c 180 § 3; 1993 c 149 § 5.]
Conflict with federal requirements—Severability—1994 c 180: See
notes following RCW 74.09.5243.
Conflict with federal requirements—Severability—Effective
dates—1993 c 149: See notes following RCW 74.09.5241.
74.09.5251
74.09.5251 Special education programs—Medical
services—Categories of services—Reimbursement system. The medical assistance administration in the department of social and health services shall establish categories
of medical services and a reimbursement system based on the
costs of providing medical services provided in special education programs. [1993 c 149 § 6.]
Conflict with federal requirements—Severability—Effective
dates—1993 c 149: See notes following RCW 74.09.5241.
74.09.5253
74.09.5253 Special education programs—Medical
services—Student information—Report to legislature.
(1) Each district shall participate in the program of billing for
medical services provided in the district's special education
program. Each participating district shall provide the superintendent of public instruction with a list, as of the first school
day in October, December, and May of each year, of all students enrolled in special education programs within the area
served by the district, for purposes of verifying the medicaid
eligibility of the students.
(2) A person employed by or contracting with a district
who provides medical services shall provide the billing agent
with information necessary to promptly complete monthly
billings for each medicaid-eligible student he or she serves as
part of the district's special education program.
(3) The superintendent of public instruction shall submit
to the legislature at the beginning of each legislative session
a report indicating the district-by-district participation and
the medicaid and private insurance payment receipts during
the preceding fiscal year. The report must further indicate for
each district the total number of special education students,
and the number eligible for medicaid, as determined by the
medical assistance administration. The superintendent may
require a letter of explanation from any district whose billings for medical assistance under the program, in the judgment of the superintendent, indicate nonparticipation or
underparticipation. [1994 c 180 § 4; 1993 c 149 § 7.]
Conflict with federal requirements—Severability—1994 c 180: See
notes following RCW 74.09.5243.
Conflict with federal requirements—Severability—Effective
dates—1993 c 149: See notes following RCW 74.09.5241.
74.09.5254
74.09.5254 Special education programs—Medical
services—Reports to superintendent of public instruc[Title 74 RCW—page 37]
74.09.5255
Title 74 RCW: Public Assistance
tion. (1) Each district that has elected to act as its own billing
agent under RCW 74.09.5247(2) and each firm that is a party
to a preexisting contract under RCW 74.09.5247(1) shall, at
times designated by the superintendent of public instruction,
provide the office of the superintendent of public instruction
with a report indicating the total amount of medicaid and private insurance moneys billed by the district.
(2) The state billing agent shall, at times designated by
the superintendent of public instruction, provide the superintendent of public instruction with a report for each district
enrolled by the billing agent, indicating the total amount of
medicaid and private insurance moneys billed through medicaid and private insurer billing. [1994 c 180 § 5.]
Conflict with federal requirements—Severability—1994 c 180: See
notes following RCW 74.09.5243.
74.09.5255
74.09.5255 Special education programs—Medical
services—Incentive payments. Of the projected federal
medicaid and private insurance revenue collected under
RCW 74.09.5249, one-half of the percent of potential medicaid eligible students billed by the school district as calculated
by the superintendent multiplied by the federal portion of
medicaid payments, after deduction for billing fees, shall be
for incentive payments to districts. Incentive payments shall
only be used by districts for children with disabilities. [1999
c 318 § 2; 1999 c 318 § 1; 1994 c 180 § 6.]
Effective dates—1999 c 318: "(1) Sections 1 and 3 of this act are necessary for the immediate preservation of the public peace, health, or safety,
or support of the state government and its existing public institutions, and
take effect immediately [May 14, 1999].
(2) Sections 2 and 4 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 1999." [1999
c 318 § 5.]
Conflict with federal requirements—Severability—1994 c 180: See
notes following RCW 74.09.5243.
74.09.5256
74.09.5256 Special education programs—Medical
services—Disbursement of revenue. (1) Districts shall
reassign medicaid payments to be received under RCW
74.09.5249 through 74.09.5253, 74.09.5254 and 74.09.5255,
and this section to the superintendent of public instruction.
(2) The superintendent of public instruction shall receive
medicaid payments from the department of social and health
services for all state and federal moneys under Title XIX of
the federal social security act due to districts for medical
assistance provided in the district's special education program.
(3) The superintendent shall use reports from the department of social and health services, the state billing agent, districts acting as their own billing agent, and firms to calculate
the appropriate amounts of incentive payments and state special education program moneys due each district.
(4) Moneys received by the superintendent of public
instruction shall be disbursed for the following purposes:
(a) Reimbursement to the department of social and
health services for the state-funded portion of medicaid payments;
(b) Reimbursement for billing agent's fees, including
those of districts acting as their own agent and billing fees of
firms;
[Title 74 RCW—page 38]
(c) Incentive payments to each school district equal to
one-half of the percent of potential medicaid eligible students
billed by the school district as calculated by the superintendent multiplied by the federal portion of medicaid payments
after deduction for billing fees; and
(d) The remainder shall be distributed to districts as part
of state allocations for the special education program provided under RCW 28A.150.390.
(5) With respect to private insurer funds received by districts, the superintendent of public instruction shall reduce
state special education program allocations to districts by one
minus the percent calculated by the superintendent in subsection (4)(c) of this section, after deduction for billing fees.
[1999 c 318 § 4; 1999 c 318 § 3; 1994 c 180 § 7.]
Effective dates—1999 c 318: See note following RCW 74.09.5255.
Conflict with federal requirements—Severability—1994 c 180: See
notes following RCW 74.09.5243.
74.09.530
74.09.530 Medical assistance—Powers and duties of
department. The amount and nature of medical assistance
and the determination of eligibility of recipients for medical
assistance shall be the responsibility of the department of
social and health services. The department shall establish reasonable standards of assistance and resource and income
exemptions which shall be consistent with the provisions of
the Social Security Act and with the regulations of the secretary of health, education and welfare for determining eligibility of individuals for medical assistance and the extent of
such assistance to the extent that funds are available from the
state and federal government. The department shall not consider resources in determining continuing eligibility for
recipients eligible under section 1931 of the social security
act. [2000 c 218 § 2; 1979 c 141 § 345; 1967 ex.s. c 30 § 6.]
74.09.540
74.09.540 Medical assistance—Working disabled—
Intent. (1) It is the intent of the legislature to remove barriers
to employment for individuals with disabilities by providing
medical assistance to the working disabled through a buy-in
program in accordance with section 1902(a)(10)(A)(ii) of the
social security act and eligibility and cost-sharing requirements established by the department.
(2) The department shall establish income, resource, and
cost-sharing requirements for the buy-in program in accordance with federal law and any conditions or limitations
specified in the omnibus appropriations act. The department
shall establish and modify eligibility and cost-sharing
requirements in order to administer the program within available funds. The department shall make every effort to coordinate benefits with employer-sponsored coverage available to
the working disabled receiving benefits under this chapter.
[2001 2nd sp.s. c 15 § 2.]
Findings—Intent—2001 2nd sp.s. c 15: "The legislature finds that
individuals with disabilities face many barriers and disincentives to employment. Individuals with disabilities are often unable to obtain health insurance
that provides the services and supports necessary to allow them to live independently and enter or rejoin the work force. The legislature finds that there
is a compelling public interest in eliminating barriers to work by continuing
needed health care coverage for individuals with disabilities who enter and
maintain employment.
The legislature intends to strengthen the state's policy of supporting
individuals with disabilities in leading fully productive lives by supporting
the implementation of the federal ticket to work and work incentives
improvement act of 1999, Public Law 106-170. This shall include improving
(2004 Ed.)
Medical Care
incentives to work by continuing coverage for health care and support services, by seeking federal funding for innovative programs, and by exploring
options which provide individuals with disabilities a choice in receiving services needed to obtain and maintain employment." [2001 2nd sp.s. c 15 § 1.]
74.09.545
74.09.545 Medical assistance or limited casualty program—Eligibility—Agreements between spouses to
transfer future income—Community income. (1) An
agreement between spouses transferring or assigning rights to
future income from one spouse to the other shall be invalid
for purposes of determining eligibility for medical assistance
or the limited casualty program for the medically needy, but
this subsection does not affect agreements between spouses
transferring or assigning resources, and income produced by
transferred or assigned resources shall continue to be recognized as the separate income of the transferee; and
(2) In determining eligibility for medical assistance or
the limited casualty program for the medically needy for a
married person in need of institutional care, or care under
home and community based waivers as defined in Title XIX
of the Social Security Act, if the community income received
in the name of the nonapplicant spouse exceeds the community income received in the name of the applicant spouse, the
applicant's interest in that excess shall be considered unavailable to the applicant. [1986 c 220 § 1.]
74.09.595
74.09.575
74.09.575 Medical assistance for institutionalized
persons—Treatment of resources. (1) The department
shall promulgate rules consistent with the treatment of
resources provisions of section 1924 of the social security act
entitled "Treatment of Income and Resources for Certain
Institutionalized Spouses," in determining the allocation of
resources between the institutionalized and community
spouse.
(2) In the interest of supporting the community spouse
the department shall allow the maximum resource allowance
amount permissible under the social security act for the community spouse for persons institutionalized before August 1,
2003.
(3) For persons institutionalized on or after August 1,
2003, the department, in the interest of supporting the community spouse, shall allow up to a maximum of forty thousand dollars in resources for the community spouse. For the
fiscal biennium beginning July 1, 2005, and each fiscal biennium thereafter, the maximum resource allowance amount
for the community spouse shall be adjusted for economic
trends and conditions by increasing the amount allowable by
the consumer price index as published by the federal bureau
of labor statistics. However, in no case shall the amount
allowable exceed the maximum resource allowance permissible under the social security act. [2003 1st sp.s. c 28 § 1;
1989 c 87 § 5.]
74.09.565
74.09.565 Medical assistance for institutionalized
persons—Treatment of income between spouses. (1) An
agreement between spouses transferring or assigning rights to
future income from one spouse to the other shall be invalid
for purposes of determining eligibility for medical assistance
or the limited casualty program for the medically needy, but
this subsection does not affect agreements between spouses
transferring or assigning resources, and income produced by
transferred or assigned resources shall continue to be recognized as the separate income of the transferee.
(2) In determining eligibility for medical assistance or
the limited casualty program for the medically needy for a
married person in need of institutional care, or care under
home and community-based waivers as defined in Title XIX
of the social security act, if the community income received
in the name of the nonapplicant spouse exceeds the community income received in the name of the applicant spouse, the
applicant's interest in that excess shall be considered unavailable to the applicant.
(3) The department shall adopt rules consistent with the
provisions of section 1924 of the social security act entitled
"Treatment of Income and Resources for Certain Institutionalized Spouses," in determining the allocation of income
between an institutionalized and community spouse.
(4) The department shall establish the monthly maintenance needs allowance for the community spouse up to the
maximum amount allowed by state appropriation or within
available funds and permitted in section 1924 of the social
security act. The total monthly needs allowance shall not
exceed one thousand five hundred dollars, subject to adjustment provided in section 1924 of the social security act.
[1989 c 87 § 4.]
Captions not law—1989 c 87: "Section captions, as found in sections
4 through 8 of this act, constitute no part of the law." [1989 c 87 § 10.]
Effective dates—1989 c 87: See note following RCW 11.94.050.
(2004 Ed.)
Effective date—2003 1st sp.s. c 28: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect July
1, 2003." [2003 1st sp.s. c 28 § 2.]
Effective dates—1989 c 87: See note following RCW 11.94.050.
Captions not law—1989 c 87: See note following RCW 74.09.565.
74.09.585
74.09.585 Medical assistance for institutionalized
persons—Period of ineligibility for transfer of resources.
(1) The department shall establish standards consistent with
section 1917 of the social security act in determining the
period of ineligibility for medical assistance due to the transfer of resources.
(2) There shall be no penalty imposed for the transfer of
assets that are excluded in a determination of the individual's
eligibility for medicaid to the extent such assets are protected
by the long-term care insurance policy or contract pursuant to
chapter 48.85 RCW.
(3) The department may waive a period of ineligibility if
the department determines that denial of eligibility would
work an undue hardship. [1995 1st sp.s. c 18 § 81; 1989 c 87
§ 7.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective dates—1989 c 87: See note following RCW 11.94.050.
Captions not law—1989 c 87: See note following RCW 74.09.565.
74.09.595
74.09.595 Medical assistance for institutionalized
persons—Due process procedures. The department shall in
compliance with section 1924 of the social security act adopt
procedures which provide due process for institutionalized or
community spouses who request a fair hearing as to the valuation of resources, the amount of the community spouse
resource allowance, or the monthly maintenance needs
allowance. [1989 c 87 § 8.]
[Title 74 RCW—page 39]
74.09.600
Title 74 RCW: Public Assistance
Effective dates—1989 c 87: See note following RCW 11.94.050.
Captions not law—1989 c 87: See note following RCW 74.09.565.
gram. In recommending financing options, the department
shall explore every opportunity to maximize federal funding
to support the program. [2003 1st sp.s. c 29 § 2.]
74.09.600
74.09.600 Post audit examinations by state auditor.
Nothing in this chapter shall preclude the state auditor from
conducting post audit examinations of public funds pursuant
to RCW 43.09.330 or other applicable law. [1977 ex.s. c 260
§ 6.]
Severability—1977 ex.s. c 260: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 260 § 8.]
74.09.650
74.09.650 Prescription drug assistance program. (1)
To the extent funds are appropriated specifically for this purpose, and subject to any conditions placed on appropriations
made for this purpose, the department shall design a medicaid
prescription drug assistance program. Neither the benefits of,
nor eligibility for, the program is considered to be an entitlement.
(2) The department shall request any federal waiver necessary to implement this program. Consistent with federal
waiver conditions, the department may charge enrollment
fees, premiums, or point-of-service cost-sharing to program
enrollees.
(3) Eligibility for this program is limited to persons:
(a) Who are eligible for medicare or age sixty-five and
older;
(b) Whose family income does not exceed two hundred
percent of the federal poverty level as adjusted for family size
and determined annually by the federal department of health
and human services;
(c) Who lack insurance that provides prescription drug
coverage; and
(d) Who are not otherwise eligible under Title XIX of the
federal social security act.
(4) The department shall use a cost-effective prescription
drug benefit design. Consistent with federal waiver conditions, this benefit design may be different than the benefit
design offered under the medical assistance program. The
benefit design may include a deductible benefit that provides
coverage when enrollees incur higher prescription drug costs
as defined by the department. The department also may offer
more than one benefit design.
(5) The department shall limit enrollment of persons who
qualify for the program so as to prevent an overexpenditure
of appropriations for this program or to assure necessary
compliance with federal waiver budget neutrality requirements. The department may not reduce existing medical
assistance program eligibility or benefits to assure compliance with federal waiver budget neutrality requirements.
(6) Premiums paid by medicaid enrollees not in the medicaid prescription drug assistance program may not be used to
finance the medicaid prescription drug assistance program.
(7) This program will be terminated within twelve
months after implementation of a prescription drug benefit
under Title XVIII of the federal social security act.
(8) The department shall provide recommendations to
the appropriate committees of the senate and house of representatives by November 15, 2003, on financing options available to support the medicaid prescription drug assistance pro[Title 74 RCW—page 40]
Finding—Intent—2003 1st sp.s. c 29: "The legislature finds that prescription drugs are an effective and important part of efforts to maintain and
improve the health of Washington state residents. However, their increased
cost and utilization is straining the resources of many state health care programs, and is particularly hard on low-income elderly people who lack insurance coverage for such drugs. Furthermore, inappropriate use of prescription
drugs can result in unnecessary expenditures and lead to serious health consequences. It is therefore the intent of the legislature to support the establishment by the state of an evidence-based prescription drug program that identifies preferred drugs, develop programs to provide prescription drugs at an
affordable price to those in need, and increase public awareness regarding
their safe and cost-effective use." [2003 1st sp.s. c 29 § 1.]
Severability—2003 1st sp.s. c 29: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2003 1st sp.s. c 29 § 14.]
Conflict with federal requirements—2003 1st sp.s. c 29: "If any part
of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not affect the
operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are
a necessary condition to the receipt of federal funds by the state." [2003 1st
sp.s. c 29 § 15.]
Effective date—2003 1st sp.s. c 29: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 26, 2003]." [2003 1st sp.s. c 29 § 16.]
74.09.660 Prescription drug education for seniors—
Grant qualifications. Each of the state's area agencies on
aging shall implement a program intended to inform and train
persons sixty-five years of age and older in the safe and
appropriate use of prescription and nonprescription medications. To further this purpose, the department shall award
development grants averaging up to twenty-five thousand
dollars to each of the agencies upon a showing that:
(1) The agency has the ability to effectively administer
such a program, including an understanding of the relevant
issues and appropriate outreach and follow-up;
(2) The agency can bring resources to the program in
addition to those funded by the grant; and
(3) The program will be a collaborative effort between
the agency and other health care programs and providers in
the location to be served, including doctors, pharmacists, and
long-term care providers. [2003 1st sp.s. c 29 § 8.]
74.09.660
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
74.09.700 Medical care—Limited casualty program.
(1) To the extent of available funds and subject to any conditions placed on appropriations made for this purpose, medical
care may be provided under the limited casualty program to
persons not otherwise eligible for medical assistance or medical care services who are medically needy as defined in the
social security Title XIX state plan and medical indigents in
accordance with eligibility requirements established by the
department. The eligibility requirements may include minimum levels of incurred medical expenses. This includes residents of nursing facilities, residents of intermediate care
facilities for the mentally retarded, and individuals who are
74.09.700
(2004 Ed.)
Medical Care
otherwise eligible for section 1915(c) of the federal social
security act home and community-based waiver services,
administered by the department of social and health services
aging and adult services administration, who are aged, blind,
or disabled as defined in Title XVI of the federal social security act and whose income exceeds three hundred percent of
the federal supplement security income benefit level.
(2) Determination of the amount, scope, and duration of
medical coverage under the limited casualty program shall be
the responsibility of the department, subject to the following:
(a) Only the following services may be covered:
(i) For persons who are medically needy as defined in the
social security Title XIX state plan: Inpatient and outpatient
hospital services, and home and community-based waiver
services;
(ii) For persons who are medically needy as defined in
the social security Title XIX state plan, and for persons who
are medical indigents under the eligibility requirements
established by the department: Rural health clinic services;
physicians' and clinic services; prescribed drugs, dentures,
prosthetic devices, and eyeglasses; nursing facility services;
and intermediate care facility services for the mentally
retarded; home health services; hospice services; other laboratory and x-ray services; rehabilitative services, including
occupational therapy; medically necessary transportation;
and other services for which funds are specifically provided
in the omnibus appropriations act;
(b) Medical care services provided to the medically indigent and received no more than seven days prior to the date of
application shall be retroactively certified and approved for
payment on behalf of a person who was otherwise eligible at
the time the medical services were furnished: PROVIDED,
That eligible persons who fail to apply within the seven-day
time period for medical reasons or other good cause may be
retroactively certified and approved for payment.
(3) The department shall establish standards of assistance and resource and income exemptions. All nonexempt
income and resources of limited casualty program recipients
shall be applied against the cost of their medical care services. [2001 c 269 § 1; 1993 c 57 § 2. Prior: 1991 sp.s. c 9 §
7; 1991 sp.s. c 8 § 10; 1991 c 233 § 2; 1989 c 87 § 3; 1985 c
5 § 4; 1983 1st ex.s. c 43 § 1; 1982 1st ex.s. c 19 § 1; 1981 2nd
ex.s. c 10 § 6; 1981 2nd ex.s. c 3 § 6; 1981 1st ex.s. c 6 § 22.]
Effective dates—1991 sp.s. c 9: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect on July
1, 1991, except sections 1 through 6 and 9 of this act which shall take effect
on September 1, 1991." [1991 sp.s. c 9 § 11.]
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
Effective dates—1989 c 87: See note following RCW 11.94.050.
Effective date—1983 1st ex.s. c 43: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and shall take effect
on July 1, 1983." [1983 1st ex.s. c 43 § 3.]
Effective date—1982 1st ex.s. c 19: See note following RCW
74.09.035.
74.09.755
department of social and health services to provide prompt,
specialized medical eye care, including assistance with costs
when necessary, for conditions in which sight is endangered
or sight can be restored or significantly improved. The
department of social and health services shall adopt rules
concerning program eligibility, levels of assistance, and the
scope of services.
(2) The department of social and health services shall
employ on a part-time basis an ophthalmological and/or an
optometrical consultant to provide liaison with participating
eye physicians and to review medical recommendations
made by an applicant's eye physician to determine whether
the proposed services meet program standards.
(3) The department of social and health services and the
department of services for the blind shall formulate a cooperative agreement concerning referral of clients between the
two agencies and the coordination of policies and services.
[1983 c 194 § 26.]
Severability—Effective dates—1983 c 194: See RCW 74.18.902 and
74.18.903.
74.09.730
74.09.730 Disproportionate share hospital adjustment. In establishing Title XIX payments for inpatient hospital services:
(1) The department of social and health services shall
provide a disproportionate share hospital adjustment considering the following components:
(a) A low-income care component based on a hospital's
medicaid utilization rate, its low-income utilization rate, its
provision of obstetric services, and other factors authorized
by federal law;
(b) A medical indigency care component based on a hospital's services to persons who are medically indigent; and
(c) A state-only component, to be paid from available
state funds to hospitals that do not qualify for federal payments under (b) of this subsection, based on a hospital's services to persons who are medically indigent;
(2) The payment methodology for disproportionate share
hospitals shall be specified by the department in regulation.
[1991 sp.s. c 9 § 8; 1989 c 260 § 1; 1987 1st ex.s. c 5 § 20.]
Effective dates—1991 sp.s. c 9: See note following RCW 74.09.700.
Severability—1987 1st ex.s. c 5: See note following RCW 70.47.901.
74.09.740
74.09.740 Amendments to state plan—Federal
approval required. The department must seek approval
from the federal health care financing administration of any
amendments to the existing state plan or waivers necessary to
ensure federal financial participation in the provision of services to consumers under Title XIX of the federal social security act. [2002 c 3 § 14 (Initiative Measure No. 775, approved
November 6, 2001).]
Findings—Captions not law—Severability—2002 c 3 (Initiative
Measure No. 775): See RCW 74.39A.220 and notes following.
74.09.755
Severability—1981 2nd ex.s. c 3: See note following RCW 74.09.510.
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
74.09.720
74.09.720 Prevention of blindness program. (1) A
prevention of blindness program is hereby established in the
(2004 Ed.)
74.09.755 AIDS—Community-based care—Federal
social security act waiver. The department shall prepare
and request a waiver under section 1915(c) of the federal
social security act to provide community based long-term
care services to persons with AIDS or AIDS-related conditions who qualify for the medical assistance program under
[Title 74 RCW—page 41]
74.09.760
Title 74 RCW: Public Assistance
RCW 74.09.510 or the limited casualty program for the medically needy under RCW 74.09.700. Respite services shall be
included as a service available under the waiver. [1989 c 427
§ 12.]
Severability—1989 c 427: See RCW 74.39.900.
MATERNITY CARE ACCESS PROGRAM
74.09.760
74.09.760 Short title—1989 1st ex.s. c 10. This act
may be known and cited as the "maternity care access act of
1989." [1989 1st ex.s. c 10 § 1.]
74.09.770
74.09.770 Maternity care access system established.
(1) The legislature finds that Washington state and the nation
as a whole have a high rate of infant illness and death compared with other industrialized nations. This is especially true
for minority and low-income populations. Premature and low
weight births have been directly linked to infant illness and
death. The availability of adequate maternity care throughout
the course of pregnancy has been identified as a major factor
in reducing infant illness and death. Further, the investment
in preventive health care programs, such as maternity care,
contributes to the growth of a healthy and productive society
and is a sound approach to health care cost containment. The
legislature further finds that access to maternity care for lowincome women in the state of Washington has declined significantly in recent years and has reached a crisis level.
(2) It is the purpose of this chapter [subchapter] to provide, consistent with appropriated funds, maternity care necessary to ensure healthy birth outcomes for low-income families. To this end, a maternity care access system is established based on the following principles:
(a) The family is the fundamental unit in our society and
should be supported through public policy.
(b) Access to maternity care for eligible persons to
ensure healthy birth outcomes should be made readily available in an expeditious manner through a single service entry
point.
(c) Unnecessary barriers to maternity care for eligible
persons should be removed.
(d) Access to preventive and other health care services
should be available for low-income children.
(e) Each woman should be encouraged to and assisted in
making her own informed decisions about her maternity care.
(f) Unnecessary barriers to the provision of maternity
care by qualified health professionals should be removed.
(g) The system should be sensitive to cultural differences
among eligible persons.
(h) To the extent possible, decisions about the scope,
content, and delivery of services should be made at the local
level involving a broad representation of community interests.
(i) The maternity care access system should be evaluated
at appropriate intervals to determine effectiveness and need
for modification.
(j) Maternity care services should be delivered in a costeffective manner. [1989 1st ex.s. c 10 § 2.]
74.09.780
74.09.780 Reservation of legislative power. The legislature reserves the right to amend or repeal all or any part of
[Title 74 RCW—page 42]
this chapter [subchapter] at any time and there shall be no
vested private right of any kind against such amendment or
repeal. All rights, privileges, or immunities conferred by this
chapter [subchapter] or any acts done pursuant thereto shall
exist subject to the power of the legislature to amend or
repeal this chapter [subchapter] at any time. [1989 1st ex.s. c
10 § 3.]
74.09.790
74.09.790 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 74.09.760 through 74.09.820 and
74.09.510:
(1) "At-risk eligible person" means an eligible person
determined by the department to need special assistance in
applying for and obtaining maternity care, including pregnant
women who are substance abusers, pregnant and parenting
adolescents, pregnant minority women, and other eligible
persons who need special assistance in gaining access to the
maternity care system.
(2) "County authority" means the board of county commissioners, county council, or county executive having the
authority to participate in the maternity care access program
or its designee. Two or more county authorities may enter
into joint agreements to fulfill the requirements of this chapter.
(3) "Department" means the department of social and
health services.
(4) "Eligible person" means a woman in need of maternity care or a child, who is eligible for medical assistance pursuant to this chapter or the prenatal care program administered by the department.
(5) "Maternity care services" means inpatient and outpatient medical care, case management, and support services
necessary during prenatal, delivery, and postpartum periods.
(6) "Support services" means, at least, public health
nursing assessment and follow-up, health and childbirth education, psychological assessment and counseling, outreach
services, nutritional assessment and counseling, needed vitamin and nonprescriptive drugs, transportation, family planning services, and child care. Support services may include
alcohol and substance abuse treatment for pregnant women
who are addicted or at risk of being addicted to alcohol or
drugs to the extent funds are made available for that purpose.
(7) "Family planning services" means planning the number of one's children by use of contraceptive techniques.
[1993 c 407 § 9; 1990 c 151 § 4; 1989 1st ex.s. c 10 § 4.]
74.09.800
74.09.800 Maternity care access program established. The department shall, consistent with the state budget
act, develop a maternity care access program designed to
ensure healthy birth outcomes as follows:
(1) Provide maternity care services to low-income pregnant women and health care services to children in poverty to
the maximum extent allowable under the medical assistance
program, Title XIX of the federal social security act;
(2) Provide maternity care services to low-income
women who are not eligible to receive such services under
the medical assistance program, Title XIX of the federal
social security act;
(2004 Ed.)
Medical Care
(3) By January 1, 1990, have the following procedures in
place to improve access to maternity care services and eligibility determinations for pregnant women applying for maternity care services under the medical assistance program, Title
XIX of the federal social security act:
(a) Use of a shortened and simplified application form;
(b) Outstationing department staff to make eligibility
determinations;
(c) Establishing local plans at the county and regional
level, coordinated by the department; and
(d) Conducting an interview for the purpose of determining medical assistance eligibility within five working days of
the date of an application by a pregnant woman and making
an eligibility determination within fifteen working days of
the date of application by a pregnant woman;
(4) Establish a maternity care case management system
that shall assist at-risk eligible persons with obtaining medical assistance benefits and receiving maternity care services,
including transportation and child care services;
(5) Within available resources, establish appropriate
reimbursement levels for maternity care providers;
(6) Implement a broad-based public education program
that stresses the importance of obtaining maternity care early
during pregnancy;
(7) Refer persons eligible for maternity care services
under the program established by this section to persons,
agencies, or organizations with maternity care service practices that primarily emphasize healthy birth outcomes;
(8) Provide family planning services including information about the synthetic progestin capsule implant form of
contraception, for twelve months immediately following a
pregnancy to women who were eligible for medical assistance under the maternity care access program during that
pregnancy or who were eligible only for emergency labor and
delivery services during that pregnancy; and
(9) Within available resources, provide family planning
services to women who meet the financial eligibility requirements for services under subsections (1) and (2) of this section. [1993 c 407 § 10; 1989 1st ex.s. c 10 § 5.]
74.09.810
74.09.810 Alternative maternity care service delivery
system established—Remedial action report. (1) The
department shall establish an alternative maternity care service delivery system, if it determines that a county or a group
of counties is a maternity care distressed area. A maternity
care distressed area shall be defined by the department, in
rule, as a county or a group of counties where eligible women
are unable to obtain adequate maternity care. The department
shall include the following factors in its determination:
(a) Higher than average percentage of eligible persons in
the distressed area who receive late or no prenatal care;
(b) Higher than average percentage of eligible persons in
the distressed area who go out of the area to receive maternity
care;
(c) Lower than average percentage of obstetrical care
providers in the distressed area who provide care to eligible
persons;
(d) Higher than average percentage of infants born to eligible persons per obstetrical care provider in the distressed
area; and
(2004 Ed.)
74.09.900
(e) Higher than average percentage of infants that are of
low birth weight, five and one-half pounds or two thousand
five hundred grams, born to eligible persons in the distressed
area.
(2) If the department determines that a maternity care
distressed area exists, it shall notify the relevant county
authority. The county authority shall, within one hundred
twenty days, submit a brief report to the department recommending remedial action. The report shall be prepared in consultation with the department and its local community service
offices, the local public health officer, community health
clinics, health care providers, hospitals, the business community, labor representatives, and low-income advocates in the
distressed area. A county authority may contract with a local
nonprofit entity to develop the report. If the county authority
is unwilling or unable to develop the report, it shall notify the
department within thirty days, and the department shall
develop the report for the distressed area.
(3) The department shall review the report and use it, to
the extent possible, in developing strategies to improve
maternity care access in the distressed area. The department
may contract with or directly employ qualified maternity care
health providers to provide maternity care services, if access
to such providers in the distressed area is not possible by
other means. In such cases, the department is authorized to
pay that portion of the health care providers' malpractice liability insurance that represents the percentage of maternity
care provided to eligible persons by that provider through
increased medical assistance payments. [1989 1st ex.s. c 10
§ 6.]
74.09.820
74.09.820 Maternity care provider's loan repayment
program. To the extent that federal matching funds are
available, the department or the *department of health if one
is created shall establish, in consultation with the health science programs of the state's colleges and universities, and
community health clinics, a loan repayment program that will
encourage maternity care providers to practice in medically
underserved areas in exchange for repayment of part or all of
their health education loans. [1989 1st ex.s. c 10 § 7.]
*Reviser's note: The department of health was created by 1989 1st
ex.s. c 9.
Health professional scholarships: Chapter 28B.115 RCW.
74.09.850
74.09.850 Conflict with federal requirements. If any
part of this chapter is found to conflict with federal requirements which are a prescribed condition to the allocation of
federal funds to the state, the conflicting part of this chapter
is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the
operation of the remainder of this chapter. [1981 2nd ex.s. c
3 § 7.]
Severability—1981 2nd ex.s. c 3: See note following RCW 74.09.510.
74.09.900
74.09.900 Other laws applicable. All the provisions of
Title 74 RCW, not otherwise inconsistent herewith, shall
apply to the provisions of this chapter. [1959 c 26 §
74.09.900. Prior: 1955 c 273 § 22.]
[Title 74 RCW—page 43]
74.09.910
Title 74 RCW: Public Assistance
74.09.910
74.09.910 Severability—1979 ex.s. c 152. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 152 § 12.]
Chapter 74.09A RCW
MEDICAL ASSISTANCE—COORDINATION OF
BENEFITS—COMPUTERIZED
INFORMATION TRANSFER
(5) "Insurance coverage" means subscriber and beneficiary eligibility and benefit coverage data.
(6) "Joint beneficiary" is a resident of Washington state
who has private insurance coverage and is a recipient of public assistance benefits under chapter 74.09 RCW. [1993 c 10
§ 2.]
Chapter 74.09A
Sections
74.09A.005 Finding.
74.09A.010 Definitions.
74.09A.020 Computerized information—Provision to private insurers.
74.09A.005
74.09A.005 Finding. The legislature finds that:
(1) Simplification in the administration of payment of
health benefits is important for the state, providers, and private insurers;
(2) The state, providers, and private insurers should take
advantage of all opportunities to streamline operations
through automation and the use of common computer standards; and
(3) It is in the best interests of the state, providers, and
private insurers to identify all third parties that are obligated
to cover the cost of health care coverage of joint beneficiaries.
Therefore, the legislature declares that to improve the
coordination of benefits between the department of social and
health services and private insurers to ensure that medical
insurance benefits are properly utilized, a transfer of uniform
information from the department of social and health services
to Washington state private insurers should be instituted.
[1993 c 10 § 1.]
74.09A.010
74.09A.010 Definitions. For the purposes of this chapter:
(1) "Health insurance coverage" includes any coverage
under which medical services are provided by an employer or
a union whether that coverage is provided through a selfinsurance program, under the employee retirement income
security act of 1974, a commercial insurer pursuant to chapters 48.20 and 48.21 RCW, a health care service contractor
pursuant to chapter 48.44 RCW, or a health maintenance
organization pursuant to chapter 48.46 RCW, and medical
assistance under chapter 74.09 RCW, and the state through
this chapter.
(2) "Insurer" means a commercial insurance company
providing disability insurance under chapter 48.20 or 48.21
RCW, a health care service contractor providing health care
coverage under chapter 48.44 RCW, a health maintenance
organization providing comprehensive health care services
under chapter 48.46 RCW, and shall also include any
employer or union that is providing health insurance coverage on a self-insured basis.
(3) "Medical assistance administration" means the division within the department of social and health services
authorized under chapter 74.09 RCW.
(4) "Computerized" means on-line or batch processing
with standardized format via magnetic tape output.
[Title 74 RCW—page 44]
74.09A.020 Computerized information—Provision
to private insurers. (1) The medical assistance administration shall provide routine and periodic computerized information to private insurers regarding client eligibility and coverage information. Private insurers shall use this information
to identify joint beneficiaries. Identification of joint
beneficiaries shall be transmitted to the medical assistance
administration. The medical assistance administration shall
use this information to improve accuracy and currency of
health insurance coverage and promote improved coordination of benefits.
(2) To the maximum extent possible, necessary data elements and a compatible data base shall be developed by
affected health insurers and the medical assistance administration. The medical assistance administration shall establish
a representative group of insurers and state agency representatives to develop necessary technical and file specifications
to promote a standardized data base. The data base shall
include elements essential to the medical assistance administration and its population's insurance coverage information.
(3) If the state and private insurers enter into other agreements regarding the use of common computer standards, the
data base identified in this section shall be replaced by the
new common computer standards.
(4) The information provided will be of sufficient detail
to promote reliable and accurate benefit coordination and
identification of individuals who are also eligible for medical
assistance administration programs.
(5) The frequency of updates will be mutually agreed to
by each insurer and the medical assistance administration
based on frequency of change and operational limitations. In
no event shall the computerized data be provided less than
semiannually.
(6) The insurers and the medical assistance administration shall safeguard and properly use the information to protect records as provided by law, including but not limited to
chapters 42.48, 74.09, 74.04, and 70.02 RCW, RCW
42.17.310, and 42 U.S.C. Sec. 1396a and 42 C.F.R. Sec. 43 et
seq. The purpose of this exchange of information is to
improve coordination and administration of benefits and
ensure that medical insurance benefits are properly utilized.
(7) The medical assistance administration shall target
implementation of this chapter to those private insurers with
the highest probability of joint beneficiaries. [1993 c 10 § 3.]
74.09A.020
Chapter 74.12 RCW
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
Chapter 74.12
(Formerly: Aid to families with dependent children)
Sections
74.12.010
74.12.030
74.12.035
74.12.240
Definitions.
Eligibility.
Additional eligibility requirements—Students—Exceptions.
Services provided to help attain maximum self-support and
independence of parents and relatives.
(2004 Ed.)
Temporary Assistance for Needy Families
74.12.250
74.12.255
74.12.260
74.12.280
74.12.290
74.12.300
74.12.310
74.12.320
74.12.330
74.12.340
74.12.350
74.12.361
74.12.400
74.12.410
74.12.420
74.12.425
74.12.450
74.12.460
74.12.900
74.12.901
Payment of grant to another—Limited guardianship.
Teen applicants' living situation—Criteria—Presumption—
Protective payee—Adoption referral.
Persons to whom grants shall be made—Proof of use for benefit of children.
Rules for coordination of services.
Suitability of home—Evaluation.
Grant during period required to eliminate undesirable conditions.
Placement of child with other relatives.
Placement of child pursuant to chapter 13.04 RCW.
Assistance not to be denied for want of relative or court order.
Day care.
Child's income set aside for future needs—Irrevocable trusts—
Educational accounts.
Supplemental security income program—Enrollment of disabled persons.
Reduce reliance on aid—Work and job training—Family planning—Staff training.
Family planning information—Cooperation with the superintendent of public instruction—Abstinence education and
motivation programs, contracts—Legislative review and
oversight of programs and contracts.
Long-term recipients—Benefit reduction—Limitation—Food
stamp benefit computation.
Long-term recipients—Benefit reduction—Computation.
Application for assistance—Report on suspected child abuse
or neglect—Notice to parent about application, location of
child, and family reconciliation act.
Notice to parent—Required within seven days of approval of
application.
Welfare reform implementation—1994 c 299.
Federal waivers and legislation—1994 c 299.
Agencies for care of children, expectant mothers, developmentally disabled:
Chapter 74.15 RCW.
Children and youth services: Chapter 72.05 RCW.
Enforcement of support of dependent children: Chapters 74.20 and 74.20A
RCW.
Sale or gift of tobacco to minor is gross misdemeanor: RCW 26.28.080.
State schools for blind and deaf: Chapter 72.40 RCW.
74.12.010 Definitions. For the purposes of the administration of temporary assistance for needy families, the term
"dependent child" means any child in need under the age of
eighteen years who is living with a relative as specified under
federal temporary assistance for needy families program
requirements, in a place of residence maintained by one or
more of such relatives as his or their homes. The term a
"dependent child" shall, notwithstanding the foregoing, also
include a child who would meet such requirements except for
his removal from the home of a relative specified above as a
result of a judicial determination that continuation therein
would be contrary to the welfare of such child, for whose
placement and care the state department of social and health
services or the county office is responsible, and who has been
placed in a licensed or approved child care institution or foster home as a result of such determination and who: (1) Was
receiving an aid to families with dependent children grant for
the month in which court proceedings leading to such determination were initiated; or (2) would have received aid to
families with dependent children for such month if application had been made therefor; or (3) in the case of a child who
had been living with a specified relative within six months
prior to the month in which such proceedings were initiated,
would have received aid to families with dependent children
for such month if in such month he had been living with such
a relative and application had been made therefor, as authorized by the Social Security Act.
"Temporary assistance for needy families" means money
payments, services, and remedial care with respect to a
74.12.010
(2004 Ed.)
74.12.240
dependent child or dependent children and the needy parent
or relative with whom the child lives. [1999 c 120 § 1; 1997
c 59 § 16; 1992 c 136 § 2; 1983 1st ex.s. c 41 § 40; 1981 1st
ex.s. c 6 § 23; 1981 c 8 § 21; 1979 c 141 § 350; 1973 2nd ex.s.
c 31 § 1; 1969 ex.s. c 173 § 13; 1965 ex.s. c 37 § 1; 1963 c
228 § 18; 1961 c 265 § 1; 1959 c 26 § 74.12.010. Prior: 1957
c 63 § 10; 1953 c 174 § 24; 1941 c 242 § 1; 1937 c 114 § 1;
Rem. Supp. 1941 § 9992-101.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
74.12.030
74.12.030 Eligibility. In addition to meeting the eligibility requirements of RCW 74.08.025, as now or hereafter
amended, an applicant for temporary assistance for needy
families must be a needy child who is a resident of the state
of Washington. [1997 c 59 § 17; 1971 ex.s. c 169 § 6; 1963
c 228 § 19; 1959 c 26 § 74.12.030. Prior: 1953 c 174 § 23;
1941 c 242 § 2; 1937 c 114 § 4; Rem. Supp. 1941 § 9992104.]
74.12.035
74.12.035 Additional eligibility requirements—Students—Exceptions. (1) Children over eighteen years of age
and under nineteen years of age who are full-time students
reasonably expected to complete a program of secondary
school, or the equivalent level of vocational or technical
training, before reaching nineteen years of age are eligible to
receive temporary assistance for needy families: PROVIDED HOWEVER, That if such students do not successfully complete such program before reaching nineteen years
of age, the assistance rendered under this subsection during
such period shall not be a debt due the state.
(2) Children with disabilities who are eighteen years of
age and under twenty-one years of age and who are full-time
students whose education is being provided in accordance
with RCW 28A.155.020 are eligible to receive temporary
assistance for needy families benefits.
(3) The department is authorized to grant exceptions to
the eligibility restrictions for children eighteen years of age
and under twenty-one years of age under subsections (1) and
(2) of this section only when it determines by reasonable,
objective criteria that such exceptions are likely to enable the
children to complete their high school education, general
equivalency diploma or vocational education. [1999 c 120 §
2; 1997 c 59 § 18; 1985 c 335 § 1; 1981 2nd ex.s. c 10 § 3.]
State consolidated standards of need: RCW 74.04.770.
74.12.240
74.12.240 Services provided to help attain maximum
self-support and independence of parents and relatives.
The department is authorized to provide such social and
related services as are reasonably necessary to encourage the
care of dependent children in their own homes or in the
homes of relatives, to help maintain and strengthen family
life and to help such parents or relatives to attain maximum
self-support and personal independence consistent with the
maintenance of continuing parental care and protection. In
the provision of such services, maximum utilization of other
agencies providing similar or related services shall be
effected. [1959 c 26 § 74.12.240. Prior: 1957 c 63 § 8.]
[Title 74 RCW—page 45]
74.12.250
Title 74 RCW: Public Assistance
74.12.250
74.12.250 Payment of grant to another—Limited
guardianship. If the department, after investigation, finds
that any applicant for assistance under this chapter or any
recipient of funds under this chapter would not use, or is not
utilizing, the grant adequately for the needs of his or her child
or children or would dissipate the grant or is dissipating such
grant, or would be or is unable to manage adequately the
funds paid on behalf of said child and that to provide or continue payments to the applicant or recipient would be contrary to the welfare of the child, the department may make
such payments to another individual who is interested in or
concerned with the welfare of such child and relative: PROVIDED, That the department shall provide such counseling
and other services as are available and necessary to develop
greater ability on the part of the relative to manage funds in
such manner as to protect the welfare of the family. Periodic
review of each case shall be made by the department to determine if said relative is able to resume management of the
assistance grant. If after a reasonable period of time the payments to the relative cannot be resumed, the department may
request the attorney general to file a petition in the superior
court for the appointment of a guardian for the child or children. Such petition shall set forth the facts warranting such
appointment. Notice of the hearing on such petition shall be
served upon the recipient and the department not less than ten
days before the date set for such hearing. Such petition may
be filed with the clerk of superior court and all process issued
and served without payment of costs. If upon the hearing of
such petition the court is satisfied that it is for the best interest
of the child or children, and all parties concerned, that a
guardian be appointed, he shall order the appointment, and
may require the guardian to render to the court a detailed
itemized account of expenditures of such assistance payments at such time as the court may deem advisable.
It is the intention of this section that the guardianship
herein provided for shall be a special and limited guardianship solely for the purpose of safeguarding the assistance
grants made to dependent children. Such guardianship shall
terminate upon the termination of such assistance grant, or
sooner on order of the court, upon good cause shown. [1997
c 58 § 506; 1963 c 228 § 21; 1961 c 206 § 1.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
74.12.255
74.12.255 Teen applicants' living situation—Criteria—Presumption—Protective payee—Adoption referral. (1) The department shall determine, after consideration
of all relevant factors and in consultation with the applicant,
the most appropriate living situation for applicants under
eighteen years of age, unmarried, and either pregnant or having a dependent child or children in the applicant's care. An
appropriate living situation shall include a place of residence
that is maintained by the applicant's parents, parent, legal
guardian, or other adult relative as their or his or her own
home and that the department finds would provide an appropriate supportive living arrangement. It also includes a living
situation maintained by an agency that is licensed under
chapter 74.15 RCW that the department finds would provide
an appropriate supportive living arrangement. Grant assis[Title 74 RCW—page 46]
tance shall not be provided under this chapter if the applicant
does not reside in the most appropriate living situation, as
determined by the department.
(2) An unmarried minor parent or pregnant minor applicant residing in the most appropriate living situation, as provided under subsection (1) of this section, is presumed to be
unable to manage adequately the funds paid to the minor or
on behalf of the dependent child or children and, unless the
minor provides sufficient evidence to rebut the presumption,
shall be subject to the protective payee requirements provided for under RCW 74.12.250 and 74.08.280.
(3) The department shall consider any statements or
opinions by either parent of the unmarried minor parent or
pregnant minor applicant as to an appropriate living situation
for the minor and his or her children, whether in the parental
home or other situation. If the parents or a parent of the minor
request, they or he or she shall be entitled to a hearing in juvenile court regarding designation of the parental home or other
relative placement as the most appropriate living situation for
the pregnant or parenting minor.
The department shall provide the parents or parent with
the opportunity to make a showing that the parental home, or
home of the other relative placement, is the most appropriate
living situation. It shall be presumed in any administrative or
judicial proceeding conducted under this subsection that the
parental home or other relative placement requested by the
parents or parent is the most appropriate living situation. This
presumption is rebuttable.
(4) In cases in which the minor is unmarried and unemployed, the department shall, as part of the determination of
the appropriate living situation, make an affirmative effort to
provide current and positive information about adoption
including referral to community-based organizations for
counseling and provide information about the manner in
which adoption works, its benefits for unmarried, unemployed minor parents and their children, and the meaning and
availability of open adoption.
(5) For the purposes of this section, "most appropriate
living situation" shall not include a living situation including
an adult male who fathered the qualifying child and is found
to meet the elements of rape of a child as set forth in RCW
9A.44.079. [1997 c 58 § 501; 1994 c 299 § 33.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
General assistance: RCW 74.04.0052.
74.12.260
74.12.260 Persons to whom grants shall be made—
Proof of use for benefit of children. Temporary assistance
for needy families grants shall be made to persons specified
in RCW 74.12.010 as amended or such others as the federal
department of health, education and welfare shall recognize
for the sole purposes of giving benefits to the children whose
needs are included in the grant paid to such persons. The
recipient of each temporary assistance for needy families
grant shall be and hereby is required to present reasonable
proof to the department of social and health services as often
as may be required by the department that all funds received
(2004 Ed.)
Temporary Assistance for Needy Families
in the form of a temporary assistance for needy families grant
for the children represented in the grant are being spent for
the benefit of the children. [1997 c 59 § 21; 1979 c 141 §
351; 1963 c 228 § 22.]
74.12.280
74.12.280 Rules for coordination of services. The
department is hereby authorized to adopt rules that will provide for coordination between the services provided pursuant
to chapter 74.13 RCW and the services provided under the
temporary assistance for needy families program in order to
provide welfare and related services which will best promote
the welfare of such children and their families and conform
with the provisions of Public Law 87-543 (HR 10606). [1997
c 59 § 22; 1983 c 3 § 191; 1963 c 228 § 24.]
74.12.290
74.12.290 Suitability of home—Evaluation. The
department of social and health services shall, during the initial and any subsequent determination of eligibility, evaluate
the suitability of the home in which the dependent child lives,
consideration to be given to physical care and supervision
provided in the home; social, educational, and the moral
atmosphere of the home as compared with the standards of
the community; the child's physical and mental health and
emotional security, special needs occasioned by the child's
physical handicaps or illnesses, if any; the extent to which
desirable factors outweigh the undesirable in the home; and
the apparent possibility for improving undesirable conditions
in the home. [1979 c 141 § 352; 1963 c 228 § 25.]
74.12.300
74.12.300 Grant during period required to eliminate
undesirable conditions. If the home in which the child lives
is found to be unsuitable, but there is reason to believe that
elimination of the undesirable conditions can be effected, and
the child is otherwise eligible for aid, a grant shall be initiated
or continued for such time as the state department of social
and health services and the family require to remedy the conditions. [1979 c 141 § 353; 1963 c 228 § 26.]
74.12.310
74.12.310 Placement of child with other relatives.
When intensive efforts over a reasonable period have failed
to improve the home conditions, the department shall determine if any other relatives specified by the social security act
are maintaining a suitable home and are willing to take the
care and custody of the child in their home. Upon an affirmative finding the department shall, if the parents or relatives
with whom the child is living consent, take the necessary
steps for placement of the child with such other relatives, but
if the parents or relatives with whom the child lives refuse
their consent to the placement then the department shall file a
petition in the juvenile court for a decree adjudging the home
unsuitable and placing the dependent child with such other
relatives. [1963 c 228 § 27.]
74.12.320
74.12.320 Placement of child pursuant to chapter
13.04 RCW. If a diligent search reveals no other relatives as
specified in the social security act maintaining a suitable
home and willing to take custody of the child, then the department may file a petition in the appropriate juvenile court for
placement of the child pursuant to the provisions of chapter
13.04 RCW. [1963 c 228 § 28.]
(2004 Ed.)
74.12.400
74.12.330
74.12.330 Assistance not to be denied for want of relative or court order. Notwithstanding the provisions of this
chapter a child otherwise eligible for aid shall not be denied
such assistance where a relative as specified in the social
security act is unavailable or refuses to accept custody and
the juvenile court fails to enter an order removing the child
from the custody of the parent, relative or guardian then having custody. [1963 c 228 § 29.]
74.12.340
74.12.340 Day care. The department is authorized to
promulgate rules and regulations governing the provision of
day care as a part of child welfare services when the secretary
determines that a need exists for such day care and that it is in
the best interests of the child, the parents, or the custodial parent and in determining the need for such day care priority
shall be given to geographical areas having the greatest need
for such care and to members of low income groups in the
population: PROVIDED, That where the family is financially able to pay part or all of the costs of such care, fees
shall be imposed and paid according to the financial ability of
the family. [1973 1st ex.s. c 154 § 111; 1963 c 228 § 30.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Child welfare services: Chapter 74.13 RCW.
74.12.350
74.12.350 Child's income set aside for future needs—
Irrevocable trusts—Educational accounts. The department of social and health services is hereby authorized to promulgate rules and regulations in conformity with the provisions of Public Law 87-543 to allow all or any portion of a
dependent child's earned or other income to be set aside for
the identifiable future needs of the dependent child which
will make possible the realization of the child's maximum
potential as an independent and useful citizen.
The transfer into, or accumulation of, a child's income or
resources in an irrevocable trust account is hereby allowed.
The amount allowable is four thousand dollars. The department will provide income assistance recipients with clear and
simple information on how to set up educational accounts,
including how to assure that the accounts comply with federal law by being adequately earmarked for future educational use, and are irrevocable. [1994 c 299 § 31; 1979 c 141
§ 354; 1963 c 226 § 1.]
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
74.12.361
74.12.361 Supplemental security income program—
Enrollment of disabled persons. The department shall
actively develop mechanisms for the income assistance program, the medical assistance program, and the community
services administration to facilitate the enrollment in the federal supplemental security income program of disabled persons currently part of assistance units receiving temporary
assistance for needy families benefits. [1997 c 59 § 23; 1994
c 299 § 35.]
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
74.12.400
74.12.400 Reduce reliance on aid—Work and job
training—Family planning—Staff training. The department shall train financial services and social work staff who
[Title 74 RCW—page 47]
74.12.410
Title 74 RCW: Public Assistance
provide direct service to recipients of temporary assistance
for needy families to:
(1) Effectively communicate the transitional nature of
temporary assistance for needy families and the expectation
that recipients will enter employment;
(2) Actively refer clients to the job opportunities and
basic skills program;
(3) Provide social services needed to overcome obstacles
to employability; and
(4) Provide family planning information and assistance,
including alternatives to abortion, which shall be conducted
in consultation with the department of health. [1997 c 59 §
24; 1994 c 299 § 2.]
Intent—1994 c 299: "The legislature finds that lengthy stays on welfare, lack of access to vocational education and training, the inadequate
emphasis on employment by the social welfare system, and teen pregnancy
are obstacles to achieving economic independence. Therefore, the legislature
intends that:
(1) Income and employment assistance programs emphasize the temporary nature of welfare and set goals of responsibility, work, and independence;
(2) State institutions take an active role in preventing pregnancy in
young teens;
(3) Family planning assistance be readily available to welfare recipients;
(4) Support enforcement be more effective and the level of responsibility of noncustodial parents be significantly increased; and
(5) Job search, job skills training, and vocational education resources
are to be used in the most cost-effective manner possible." [1994 c 299 § 1.]
Finding—1994 c 299: "The legislature finds that the reliable receipt of
child support payments by custodial parents is essential to maintaining economic self-sufficiency. It is the intent of the legislature to ensure that child
support payments received by custodial parents when such support is owed
are retained by those parents regardless of future claims made against such
payments." [1994 c 299 § 17.]
Severability—1994 c 299: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1994 c 299 § 40.]
Conflict with federal requirements—1994 c 299: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned. The
rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [1994 c 299 § 41.]
74.12.410
74.12.410 Family planning information—Cooperation with the superintendent of public instruction—Abstinence education and motivation programs, contracts—
Legislative review and oversight of programs and contracts. (1) At time of application or reassessment under this
chapter the department shall offer or contract for family planning information and assistance, including alternatives to
abortion, and any other available locally based teen pregnancy prevention programs, to prospective and current recipients of aid to families with dependent children.
(2) The department shall work in cooperation with the
superintendent of public instruction to reduce the rate of illegitimate births and abortions in Washington state.
(3) The department of health shall maximize federal
funding by timely application for federal funds available
under P.L. 104-193 and Title V of the federal social security
act, 42 U.S.C. 701 et seq., as amended, for the establishment
of qualifying abstinence education and motivation programs.
[Title 74 RCW—page 48]
The department of health shall contract, by competitive bid,
with entities qualified to provide abstinence education and
motivation programs in the state.
(4) The department of health shall seek and accept local
matching funds to the maximum extent allowable from qualified abstinence education and motivation programs.
(5)(a) For purposes of this section, "qualifying abstinence education and motivation programs" are those bidders
with experience in the conduct of the types of abstinence education and motivation programs set forth in Title V of the federal social security act, 42 U.S.C. Sec. 701 et seq., as
amended.
(b) The application for federal funds, contracting for
abstinence education and motivation programs and performance of contracts under this section are subject to review
and oversight by a joint committee of the legislature, composed of four legislative members, appointed by each of the
two caucuses in each house. [1997 c 58 § 601; 1994 c 299 §
3.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
74.12.420
74.12.420 Long-term recipients—Benefit reduction—Limitation—Food stamp benefit computation.
Reviser's note: RCW 74.12.420 was amended by 1997 c 59 § 26 without reference to its repeal by 1997 c 58 § 105. It has been decodified for publication purposes under RCW 1.12.025.
74.12.425
74.12.425 Long-term recipients—Benefit reduction—Computation.
Reviser's note: RCW 74.12.425 was amended by 1997 c 59 § 27 without reference to its repeal by 1997 c 58 § 105. It has been decodified for publication purposes under RCW 1.12.025.
74.12.450
74.12.450 Application for assistance—Report on suspected child abuse or neglect—Notice to parent about
application, location of child, and family reconciliation
act. (1) Whenever the department receives an application for
assistance on behalf of a child under this chapter and an
employee of the department has reason to believe that the
child has suffered abuse or neglect, the employee shall cause
a report to be made as provided under chapter 26.44 RCW.
(2) Whenever the department approves an application
for assistance on behalf of a child under this chapter, the
department shall make a reasonable effort to determine
whether the child is living with a parent of the child. Whenever the child is living in the home of a relative other than a
parent of the child, the department shall make reasonable
efforts to notify the parent with whom the child has most
recently resided that an application for assistance on behalf of
the child has been approved by the department and shall
advise the parent of his or her rights under this section, RCW
74.12.460, and *sections 4 and 5 of this act, unless good
cause exists not to do so based on a substantiated claim that
the parent has abused or neglected the child.
(3) Upon written request of the parent, the department
shall notify the parent of the address and location of the child,
(2004 Ed.)
Incentive to Work—Economic Independence
unless there is a current investigation or pending case involving abuse or neglect by the parent under chapter 13.34 RCW.
(4) The department shall notify and advise the parent of
the provisions of the family reconciliation act under chapter
13.32A RCW. [1995 c 401 § 2.]
*Reviser's note: Sections 4 and 5 of this act were vetoed by the governor.
Severability—1995 c 401: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 401 § 7.]
74.12.460
74.12.460 Notice to parent—Required within seven
days of approval of application. The department shall
make reasonable efforts to notify the parent under RCW
74.12.450(2) as soon as reasonably possible, but no later than
seven days after approval of the application by the department. [1995 c 401 § 3.]
Severability—1995 c 401: See note following RCW 74.12.450.
74.12.900
74.12.900 Welfare reform implementation—1994 c
299. The revisions to the temporary assistance for needy
families program and job opportunities and basic skills training program shall be implemented by the department of
social and health services on a statewide basis. [1997 c 59 §
28; 1994 c 299 § 12.]
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
74.12.901
74.12.901 Federal waivers and legislation—1994 c
299. By October 1, 1994, the department shall request the
governor to seek congressional action on any federal legislation that may be necessary to implement any sections of
chapter 299, Laws of 1994. By October 1, 1994, the department shall request the governor to seek federal agency action
on any federal regulation that may require a federal waiver.
[1994 c 299 § 39.]
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
Chapter 74.12A
Chapter 74.12A RCW
INCENTIVE TO WORK—
ECONOMIC INDEPENDENCE
Sections
74.12A.020 Job support services—Grants to community action agencies or
nonprofit organizations.
74.12A.030 Federal waiver—Governor to seek.
74.12A.030
Findings—Intent—1993 c 312: "The legislature finds that:
(1) Public assistance is intended to be a temporary financial relief program, recognizing that families can be confronted with a financial crisis at
any time in life. Successful public assistance programs depend on the availability of adequate resources to assist individuals deemed eligible for the
benefits of such a program. In this way, eligible families are given sufficient
assistance to reenter productive employment in a minimal time period.
(2) The current public assistance system requires a reduction in grant
standards when income is received. In most cases, family income is limited
to levels substantially below the standard of need. This is a strong disincentive to work. To remove this disincentive, the legislature intends to allow
families to retain a greater percentage of income before it results in the
reduction or termination of benefits;
(3) Employment, training, and education services provided to employable recipients of public assistance are effective tools in achieving economic
self-sufficiency. Support services that are targeted to the specific needs of
the individual offer the best hope of achieving economic self-sufficiency in
a cost-effective manner;
(4) State welfare-to-work programs, which move individuals from
dependence to economic independence, must be operated cooperatively and
collaboratively between state agencies and programs. They also must include
public assistance recipients as active partners in self-sufficiency planning
activities. Participants in economic independence programs and services will
benefit from the concepts of personal empowerment, self-motivation, and
self-esteem;
(5) Many barriers to economic independence are found in federal statutes and rules, and provide states with limited options for restructuring existing programs in order to create incentives for employment over continued
dependence;
(6) The legislature finds that the personal and societal costs of teenage
childbearing are substantial. Teen parents are less likely to finish high school
and more likely to depend upon public assistance than women who delay
childbearing until adulthood; and
(7) The legislature intends that an effort be made to ensure that each
teenage parent who is a public assistance recipient live in a setting that
increases the likelihood that the teen parent will complete high school and
achieve economic independence." [1993 c 312 § 1.]
Emergency—1993 c 312: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions." [1993 c 312 § 19.]
Implementation program design—1993 c 312: "The department of
social and health services shall design a program for implementation involving recipients of aid to families with dependent children. A goal of this program is to develop a system that segments the aid to families with dependent
children recipient population and identifies subgroups, matches services to
the needs of the subgroup, and prioritizes available services. The department
shall specify the services to be offered in each population segment. The general focus of the services offered shall be on job training, work force preparedness, and job retention.
The program shall be designed for statewide implementation on July 1,
1994. A proposal for implementation may include phasing certain components over time or geographic area. The department shall submit this program to the appropriate committees of the senate and house of representatives by December 1, 1993." [1993 c 312 § 9.]
74.12A.030
74.12A.020
74.12A.020 Job support services—Grants to community action agencies or nonprofit organizations. The
department shall provide grants to community action agencies or other local nonprofit organizations to provide job
opportunities and basic skills training program participants
with transitional support services, one-to-one assistance, case
management, and job retention services. [1997 c 58 § 327;
1993 c 312 § 8.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
(2004 Ed.)
74.12A.030 Federal waiver—Governor to seek. By
October 1, 1993, the department shall request the governor to
seek congressional and federal agency action on any federal
legislation or federal regulation that may be necessary to
implement chapter 74.12A RCW and *sections 3 and 4,
chapter 312, Laws of 1993, and any other section of chapter
312, Laws of 1993 that may require a federal waiver. [1993
c 312 § 12.]
*Reviser's note: Sections 3 and 4, chapter 312, Laws of 1993 failed to
become law due to lack of specific funding.
Findings—Intent—Emergency—1993 c 312: See notes following
RCW 74.12A.020.
[Title 74 RCW—page 49]
Chapter 74.13
Chapter 74.13
Title 74 RCW: Public Assistance
Chapter 74.13 RCW
CHILD WELFARE SERVICES
Sections
74.13.010
74.13.013
74.13.017
74.13.020
74.13.021
74.13.025
74.13.031
74.13.0311
74.13.032
74.13.0321
74.13.033
74.13.034
74.13.035
74.13.036
74.13.037
74.13.039
74.13.040
74.13.042
74.13.045
74.13.050
74.13.055
74.13.060
74.13.065
74.13.070
74.13.075
74.13.077
74.13.080
74.13.085
74.13.090
74.13.0901
74.13.0902
74.13.0903
74.13.095
74.13.109
74.13.112
74.13.115
74.13.116
74.13.118
74.13.121
74.13.124
74.13.127
74.13.130
74.13.133
74.13.136
74.13.139
74.13.145
74.13.150
74.13.152
74.13.154
74.13.155
Declaration of purpose.
Finding—Accreditation of children's services.
Accreditation—Completion date.
Definitions—"Child," "child welfare services"—Duty to provide services to homeless families with children.
Developmentally disabled child—Defined.
Counties may administer and provide services under RCW
13.32A.197—Plan for at-risk youth required.
Duties of department—Child welfare services—Children's
services advisory committee.
Provided under deferred prosecution order.
Crisis residential centers—Establishment—Staff—Duties—
Semi-secure facilities—Secure facilities.
Crisis residential centers—Limit on reimbursement or compensation.
Crisis residential centers—Removal from—Services available—Unauthorized leave.
Crisis residential centers—Removal to another center or
secure facility—Placement in secure juvenile detention
facility.
Crisis residential centers—Annual records, contents—Multiple licensing.
Implementation of chapters 13.32A and 13.34 RCW—Report
to legislature.
Transitional living programs for youth in the process of being
emancipated—Rules.
Runaway hot line.
Rules and regulations for coordination of services.
Petition by the department for order compelling disclosure of
record or information.
Complaint resolution process.
Day care—Rules and regulations governing the provision of
day care as a part of child welfare services.
Foster care—Length of stay—Cooperation with private sector.
Secretary as custodian of funds of person placed with department—Authority—Limitations—Termination.
Out-of-home care—Social study required.
Moneys in possession of secretary not subject to certain proceedings.
Sexually aggressive youth—Defined—Expenditure of treatment funds—Tribal jurisdiction.
Sexually aggressive youth—Transfer of surplus funds for
treatment.
Group care placement—Prerequisites for payment.
Child care services—Declaration of policy.
Child care coordinating committee.
Child care partnership.
Child care partnership employer liaison.
Office of child care policy.
Child care expansion grant fund.
ADOPTION SUPPORT DEMONSTRATION ACT OF 1971
74.13.100
74.13.103
74.13.106
74.13.153
Adoption support—State policy enunciated.
Prospective adoptive parent's fee for cost of adoption services.
Adoption services—Disposition of fees—Use—Federal
funds—Gifts and grants.
Adoption support program administration—Rules and regulations—Disbursements from general fund, criteria.
Factors determining payments or adjustment in standards.
Both continuing payments and lump sum payments authorized.
Application—1996 c 130.
Review of support payments.
Adoptive parent's financial information.
Agreements as contracts within state and federal Constitutions—State's continuing obligation.
Voluntary amendments to agreements—Procedure when
adoptive parties disagree.
Nonrecurring adoption expenses.
Records—Confidentiality.
Recommendations for support of the adoption of certain children.
"Secretary" and "department" defined.
Short title—1971 act.
Adoption support reconsideration program.
Interstate agreements for adoption of children with special
needs—Findings.
[Title 74 RCW—page 50]
74.13.156
74.13.157
74.13.158
74.13.159
74.13.165
74.13.170
74.13.200
74.13.210
74.13.220
74.13.230
Interstate agreements for adoption of children with special
needs—Purpose.
Interstate agreements for adoption of children with special
needs—Definitions.
Interstate agreements for adoption of children with special
needs—Authorization.
Interstate agreements for adoption of children with special
needs—Required provisions.
Interstate agreements for adoption of children with special
needs—Additional provisions.
Interstate agreements for adoption of children with special
needs—Medical assistance for children residing in this
state—Penalty for fraudulent claims.
Interstate agreements for adoption of children with special
needs—Adoption assistance and medical assistance in state
plan.
Home studies for adoption—Purchase of services from nonprofit agencies.
Therapeutic family home program for youth in custody under
chapter 13.34 RCW.
Demonstration project for protection, care, and treatment of
children at-risk of abuse or neglect.
Project day care center—Definition.
Project services.
Project shall utilize community services.
FOSTER CARE
74.13.250
74.13.260
74.13.270
74.13.280
74.13.285
74.13.287
74.13.288
74.13.289
74.13.290
74.13.300
74.13.310
74.13.315
74.13.320
74.13.325
74.13.330
74.13.332
74.13.333
74.13.334
74.13.335
74.13.340
74.13.350
74.13.500
74.13.505
74.13.510
74.13.515
74.13.520
74.13.525
74.13.530
74.13.540
74.13.550
74.13.560
74.13.570
74.13.580
74.13.590
74.13.600
74.13.610
74.13.620
74.13.630
74.13.640
74.13.900
Preservice training.
On-site monitoring program.
Respite care.
Client information.
Passports—Information to be provided to foster parents.
Intent—Infant, foster family health.
Blood-borne pathogens—Testing—Report.
Blood-borne pathogens—Client information—Training.
Fewest possible placements for children.
Notification of proposed placement changes.
Foster parent training.
Child care for foster parents attending meetings or training.
Recruitment of foster homes and adoptive homes for special
needs children.
Foster care and adoptive home recruitment program.
Responsibilities of foster parents.
Rights of foster parents.
Rights of foster parents—Complaints—Report.
Department to respond to foster parents' complaints.
Foster care—Reimbursement—Property damage.
Foster parent liaison.
Developmentally disabled children—Out-of-home placement—Voluntary placement agreement.
Disclosure of child welfare records—Factors—Exception.
Disclosure of child welfare records—Information to be disclosed.
Disclosure of child welfare records—Consideration of effects.
Disclosure of child welfare records—Fatalities.
Disclosure of child welfare records—Information not to be
disclosed.
Disclosure of child welfare records—Immunity from liability.
Child placement—Conflict of interest.
Independent living services.
Child placement—Policy of educational continuity.
Educational continuity—Protocol development.
Oversight committee—Duties.
Educational stability during shelter care hearing—Protocol
development.
Tasks to be performed based on available resources.
Kinship caregivers—Definition—Placement of children with
kin a priority—Strategies.
Kinship caregivers—Grant proposal—Pilot projects.
Kinship care oversight committee—Duties—Report.
Family decision meetings.
Child fatality review—Report.
Severability—1965 c 30.
Consistency required in administration of statutes applicable to runaway
youth, at-risk youth, and families in conflict: RCW 43.20A.770.
Education of children in short-term foster care: RCW 28A.300.800 and
28A.630.005.
Shaken baby syndrome: RCW 43.121.140.
74.13.010 Declaration of purpose. The purpose of this
chapter is to safeguard, protect and contribute to the welfare
74.13.010
(2004 Ed.)
Child Welfare Services
of the children of the state, through a comprehensive and
coordinated program of public child welfare services providing for: Social services and facilities for children who require
guidance, care, control, protection, treatment or rehabilitation; setting of standards for social services and facilities for
children; cooperation with public and voluntary agencies,
organizations, and citizen groups in the development and
coordination of programs and activities in behalf of children;
and promotion of community conditions and resources that
help parents to discharge their responsibilities for the care,
development and well-being of their children. [1965 c 30 §
2.]
74.13.013
74.13.013 Finding—Accreditation of children's services. The legislature finds that accreditation of children's
services by an independent entity can significantly improve
the quality of services provided to children and families.
Accreditation involves an ongoing commitment to meeting
nationally recognized standards of practice in child welfare
and holds organizations accountable for achieving improved
outcomes for children.
Accreditation is a structured process designed to facilitate organizational change and improvement within individual local offices. Standards require improved case management, documentation, internal case management practices,
and accountability. Accreditation requires the establishment
of clear communication with biological parents, foster and
adoptive parents, providers, the courts, and members of the
community. [2001 c 265 § 1.]
74.13.017
74.13.017 Accreditation—Completion date. The
department shall undertake the process of accreditation with
the goal of completion by July 2006. [2003 c 207 § 8; 2001 c
265 § 2.]
74.13.020
74.13.020 Definitions—"Child," "child welfare services"—Duty to provide services to homeless families
with children. As used in Title 74 RCW, child welfare services shall be defined as public social services including
adoption services which strengthen, supplement, or substitute
for, parental care and supervision for the purpose of:
(1) Preventing or remedying, or assisting in the solution
of problems which may result in families in conflict, or the
neglect, abuse, exploitation, or criminal behavior of children;
(2) Protecting and caring for dependent or neglected
children;
(3) Assisting children who are in conflict with their parents, and assisting parents who are in conflict with their children with services designed to resolve such conflicts;
(4) Protecting and promoting the welfare of children,
including the strengthening of their own homes where possible, or, where needed;
(5) Providing adequate care of children away from their
homes in foster family homes or day care or other child care
agencies or facilities.
As used in this chapter, child means a person less than
eighteen years of age.
The department's duty to provide services to homeless
families with children is set forth in RCW 43.20A.790 and in
appropriations provided by the legislature for implementa(2004 Ed.)
74.13.031
tion of the plan. [1999 c 267 § 7; 1979 c 155 § 76; 1977 ex.s.
c 291 § 21; 1975-'76 2nd ex.s. c 71 § 3; 1971 ex.s. c 292 § 66;
1965 c 30 § 3.]
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following
RCW 13.04.005.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
74.13.021
74.13.021 Developmentally disabled child—Defined.
As used in this chapter, "developmentally disabled child" is a
child who has a developmental disability as defined in RCW
71A.10.020 and whose parent, guardian, or legal custodian
and with the department mutually agree that services appropriate to the child's needs can not be provided in the home.
[1998 c 229 § 3; 1997 c 386 § 15.]
74.13.025
74.13.025 Counties may administer and provide services under RCW 13.32A.197—Plan for at-risk youth
required. Any county or group of counties may make application to the department of social and health services in the
manner and form prescribed by the department to administer
and provide the services established under RCW 13.32A.197.
Any such application must include a plan or plans for providing such services to at-risk youth. [1998 c 296 § 1.]
Findings—Intent—1998 c 296: "The legislature finds it is often necessary for parents to obtain mental health or chemical dependency treatment
for their minor children prior to the time the child's condition presents a likelihood of serious harm or the child becomes gravely disabled. The legislature
finds that treatment of such conditions is not the equivalent of incarceration
or detention, but is a legitimate act of parental discretion, when supported by
decisions of credentialed professionals. The legislature finds that, consistent
with Parham v. J.R., 442 U.S. 584 (1979), state action is not involved in the
determination of a parent and professional person to admit a minor child to
treatment and finds this act provides sufficient independent review by the
department of social and health services, as a neutral fact-finder, to protect
the interests of all parties. The legislature intends and recognizes that children affected by the provisions of this act are not children whose mental or
substance abuse problems are adequately addressed by chapters 70.96A and
71.34 RCW. Therefore, the legislature finds it is necessary to provide parents
a statutory process, other than the petition process provided in chapters
70.96A and 71.34 RCW, to obtain treatment for their minor children without
the consent of the children.
The legislature finds that differing standards of admission and review
in parent-initiated mental health and chemical dependency treatment for
their minor children are necessary and the admission standards and procedures under state involuntary treatment procedures are not adequate to provide safeguards for the safety and well-being of all children. The legislature
finds the timeline for admission and reviews under existing law do not provide sufficient opportunities for assessment of the mental health and chemically dependent status of every minor child and that additional time and different standards will facilitate the likelihood of successful treatment of children who are in need of assistance but unwilling to obtain it voluntarily. The
legislature finds there are children whose behavior presents a clear need of
medical treatment but is not so extreme as to require immediate state intervention under the state involuntary treatment procedures." [1998 c 296 § 6.]
Part headings not law—1998 c 296: "Part headings used in this act do
not constitute any part of the law." [1998 c 296 § 43.]
Short title—1998 c 296: "This act may be known and cited as "the
Becca act of 1998."" [1998 c 296 § 44.]
74.13.031
74.13.031 Duties of department—Child welfare services—Children's services advisory committee. The
department shall have the duty to provide child welfare services and shall:
[Title 74 RCW—page 51]
74.13.031
Title 74 RCW: Public Assistance
(1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and
strengthens services for the protection and care of runaway,
dependent, or neglected children.
(2) Within available resources, recruit an adequate number of prospective adoptive and foster homes, both regular
and specialized, i.e. homes for children of ethnic minority,
including Indian homes for Indian children, sibling groups,
handicapped and emotionally disturbed, teens, pregnant and
parenting teens, and annually report to the governor and the
legislature concerning the department's success in: (a) Meeting the need for adoptive and foster home placements; (b)
reducing the foster parent turnover rate; (c) completing home
studies for legally free children; and (d) implementing and
operating the passport program required by RCW 74.13.285.
The report shall include a section entitled "Foster Home
Turn-Over, Causes and Recommendations."
(3) Investigate complaints of any recent act or failure to
act on the part of a parent or caretaker that results in death,
serious physical or emotional harm, or sexual abuse or
exploitation, or that presents an imminent risk of serious
harm, and on the basis of the findings of such investigation,
offer child welfare services in relation to the problem to such
parents, legal custodians, or persons serving in loco parentis,
and/or bring the situation to the attention of an appropriate
court, or another community agency: PROVIDED, That an
investigation is not required of nonaccidental injuries which
are clearly not the result of a lack of care or supervision by
the child's parents, legal custodians, or persons serving in
loco parentis. If the investigation reveals that a crime against
a child may have been committed, the department shall notify
the appropriate law enforcement agency.
(4) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.
(5) Monitor out-of-home placements, on a timely and
routine basis, to assure the safety, well-being, and quality of
care being provided is within the scope of the intent of the
legislature as defined in RCW 74.13.010 and 74.15.010, and
annually submit a report measuring the extent to which the
department achieved the specified goals to the governor and
the legislature.
(6) Have authority to accept custody of children from
parents and to accept custody of children from juvenile
courts, where authorized to do so under law, to provide child
welfare services including placement for adoption, and to
provide for the physical care of such children and make payment of maintenance costs if needed. Except where required
by Public Law 95-608 (25 U.S.C. Sec. 1915), no private
adoption agency which receives children for adoption from
the department shall discriminate on the basis of race, creed,
or color when considering applications in their placement for
adoption.
(7) Have authority to provide temporary shelter to children who have run away from home and who are admitted to
crisis residential centers.
(8) Have authority to purchase care for children; and
shall follow in general the policy of using properly approved
private agency services for the actual care and supervision of
such children insofar as they are available, paying for care of
such children as are accepted by the department as eligible
for support at reasonable rates established by the department.
[Title 74 RCW—page 52]
(9) Establish a children's services advisory committee
which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private
sectors, and advise on all matters pertaining to child welfare,
licensing of child care agencies, adoption, and services
related thereto. At least one member shall represent the
adoption community.
(10) Have authority to provide continued foster care or
group care for individuals from eighteen through twenty
years of age to enable them to complete their high school or
vocational school program.
(11) Refer cases to the division of child support whenever state or federal funds are expended for the care and
maintenance of a child, including a child with a developmental disability who is placed as a result of an action under chapter 13.34 RCW, unless the department finds that there is good
cause not to pursue collection of child support against the
parent or parents of the child.
(12) Have authority within funds appropriated for foster
care services to purchase care for Indian children who are in
the custody of a federally recognized Indian tribe or tribally
licensed child-placing agency pursuant to parental consent,
tribal court order, or state juvenile court order; and the purchase of such care shall be subject to the same eligibility standards and rates of support applicable to other children for
whom the department purchases care.
Notwithstanding any other provision of RCW
13.32A.170 through 13.32A.200 and 74.13.032 through
74.13.036, or of this section all services to be provided by the
department of social and health services under subsections
(4), (6), and (7) of this section, subject to the limitations of
these subsections, may be provided by any program offering
such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974.
(13) Within amounts appropriated for this specific purpose, provide preventive services to families with children
that prevent or shorten the duration of an out-of-home placement.
(14) Have authority to provide independent living services to youths, including individuals eighteen through
twenty years of age, who are or have been in foster care.
[2004 c 183 § 3; 2001 c 192 § 1; 1999 c 267 § 8; 1998 c 314
§ 10. Prior: 1997 c 386 § 32; 1997 c 272 § 1; 1995 c 191 §
1; 1990 c 146 § 9; prior: 1987 c 505 § 69; 1987 c 170 § 10;
1983 c 246 § 4; 1982 c 118 § 3; 1981 c 298 § 16; 1979 ex.s. c
165 § 22; 1979 c 155 § 77; 1977 ex.s. c 291 § 22; 1975-'76
2nd ex.s. c 71 § 4; 1973 1st ex.s. c 101 § 2; 1967 c 172 § 17.]
Effective date—2004 c 183: See note following RCW 13.34.160.
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Effective date—1997 c 272: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 272 § 8.]
Effective date—1987 c 170 §§ 10 and 11: "Sections 10 and 11 of this
act shall take effect July 1, 1988." [1987 c 170 § 16.]
Severability—1987 c 170: See note following RCW 13.04.030.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective dates—Severability—1977 ex.s. c 291: See notes following
RCW 13.04.005.
(2004 Ed.)
Child Welfare Services
Severability—1967 c 172: See note following RCW 74.15.010.
Declaration of purpose—1967 c 172: See RCW 74.15.010.
Abuse of child: Chapter 26.44 RCW.
Licensing of agencies caring for or placing children, expectant mothers, and
developmentally disabled persons: Chapter 74.15 RCW.
74.13.0311
74.13.0311 Provided under deferred prosecution
order. The department or its contractors may provide child
welfare services pursuant to a deferred prosecution plan
ordered under chapter 10.05 RCW. Child welfare services
provided under this chapter pursuant to a deferred prosecution order may not be construed to prohibit the department
from providing services or undertaking proceedings pursuant
to chapter 13.34 or 26.44 RCW. [2002 c 219 § 13.]
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
74.13.032
74.13.032 Crisis residential centers—Establishment—Staff—Duties—Semi-secure facilities—Secure
facilities. (1) The department shall establish, by contracts
with private or public vendors, regional crisis residential centers with semi-secure facilities. These facilities shall be structured group care facilities licensed under rules adopted by the
department and shall have an average of at least four adult
staff members and in no event less than three adult staff
members to every eight children.
(2) Within available funds appropriated for this purpose,
the department shall establish, by contracts with private or
public vendors, regional crisis residential centers with secure
facilities. These facilities shall be facilities licensed under
rules adopted by the department. These centers may also
include semi-secure facilities and to such extent shall be subject to subsection (1) of this section.
(3) The department shall, in addition to the facilities
established under subsections (1) and (2) of this section,
establish additional crisis residential centers pursuant to contract with licensed private group care facilities.
(4) The staff at the facilities established under this section shall be trained so that they may effectively counsel
juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles that recognize the need for
support and the varying circumstances that cause children to
leave their families, and carry out the responsibilities stated
in RCW 13.32A.090. The responsibilities stated in RCW
13.32A.090 may, in any of the centers, be carried out by the
department.
(5) The secure facilities located within crisis residential
centers shall be operated to conform with the definition in
RCW 13.32A.030. The facilities shall have an average of no
less than one adult staff member to every ten children. The
staffing ratio shall continue to ensure the safety of the children.
(6) If a secure crisis residential center is located in or
adjacent to a secure juvenile detention facility, the center
shall be operated in a manner that prevents in-person contact
between the residents of the center and the persons held in
such facility. [1998 c 296 § 4; 1995 c 312 § 60; 1979 c 155 §
78.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Short title—1995 c 312: See note following RCW 13.32A.010.
(2004 Ed.)
74.13.033
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
74.13.0321
74.13.0321 Crisis residential centers—Limit on reimbursement or compensation. No contract may provide
reimbursement or compensation to a crisis residential center's
secure facility for any service delivered or provided to a resident child after five consecutive days of residence. [1995 c
312 § 61.]
Short title—1995 c 312: See note following RCW 13.32A.010.
74.13.033
74.13.033 Crisis residential centers—Removal
from—Services available—Unauthorized leave. (1) If a
resident of a center becomes by his or her behavior disruptive
to the facility's program, such resident may be immediately
removed to a separate area within the facility and counseled
on an individual basis until such time as the child regains his
or her composure. The department may set rules and regulations establishing additional procedures for dealing with
severely disruptive children on the premises.
(2) When the juvenile resides in this facility, all services
deemed necessary to the juvenile's reentry to normal family
life shall be made available to the juvenile as required by
chapter 13.32A RCW. In assessing the child and providing
these services, the facility staff shall:
(a) Interview the juvenile as soon as possible;
(b) Contact the juvenile's parents and arrange for a counseling interview with the juvenile and his or her parents as
soon as possible;
(c) Conduct counseling interviews with the juvenile and
his or her parents, to the end that resolution of the child/parent conflict is attained and the child is returned home as soon
as possible;
(d) Provide additional crisis counseling as needed, to the
end that placement of the child in the crisis residential center
will be required for the shortest time possible, but not to
exceed five consecutive days; and
(e) Convene, when appropriate, a multidisciplinary
team.
(3) Based on the assessments done under subsection (2)
of this section the facility staff may refer any child who, as
the result of a mental or emotional disorder, or intoxication
by alcohol or other drugs, is suicidal, seriously assaultive, or
seriously destructive toward others, or otherwise similarly
evidences an immediate need for emergency medical evaluation and possible care, for evaluation pursuant to chapter
71.34 RCW, to a mental health professional pursuant to chapter 71.05 RCW, or to a chemical dependency specialist pursuant to chapter 70.96A RCW whenever such action is
deemed appropriate and consistent with law.
(4) A juvenile taking unauthorized leave from a facility
shall be apprehended and returned to it by law enforcement
officers or other persons designated as having this authority
as provided in RCW 13.32A.050. If returned to the facility
after having taken unauthorized leave for a period of more
than twenty-four hours a juvenile shall be supervised by such
a facility for a period, pursuant to this chapter, which, unless
where otherwise provided, may not exceed five consecutive
days on the premises. Costs of housing juveniles admitted to
crisis residential centers shall be assumed by the department
for a period not to exceed five consecutive days. [2000 c 162
[Title 74 RCW—page 53]
74.13.034
Title 74 RCW: Public Assistance
§ 16; 2000 c 162 § 7; 1995 c 312 § 62; 1992 c 205 § 213; 1979
c 155 § 79.]
Effective date—2000 c 162 §§ 11-17: See note following RCW
13.32A.060.
Short title—1995 c 312: See note following RCW 13.32A.010.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
74.13.034
74.13.034 Crisis residential centers—Removal to
another center or secure facility—Placement in secure
juvenile detention facility. (1) A child taken into custody
and taken to a crisis residential center established pursuant to
RCW 74.13.032 may, if the center is unable to provide appropriate treatment, supervision, and structure to the child, be
taken at department expense to another crisis residential center, the nearest regional secure crisis residential center, or a
secure facility with which it is collocated under RCW
74.13.032. Placement in both locations shall not exceed five
consecutive days from the point of intake as provided in
RCW 13.32A.130.
(2) A child taken into custody and taken to a crisis residential center established by this chapter may be placed physically by the department or the department's designee and, at
departmental expense and approval, in a secure juvenile
detention facility operated by the county in which the center
is located for a maximum of forty-eight hours, including Saturdays, Sundays, and holidays, if the child has taken unauthorized leave from the center and the person in charge of the
center determines that the center cannot provide supervision
and structure adequate to ensure that the child will not again
take unauthorized leave. Juveniles placed in such a facility
pursuant to this section may not, to the extent possible, come
in contact with alleged or convicted juvenile or adult offenders.
(3) Any child placed in secure detention pursuant to this
section shall, during the period of confinement, be provided
with appropriate treatment by the department or the department's designee, which shall include the services defined in
RCW 74.13.033(2). If the child placed in secure detention is
not returned home or if an alternative living arrangement
agreeable to the parent and the child is not made within
twenty-four hours after the child's admission, the child shall
be taken at the department's expense to a crisis residential
center. Placement in the crisis residential center or centers
plus placement in juvenile detention shall not exceed five
consecutive days from the point of intake as provided in
RCW 13.32A.130.
(4) Juvenile detention facilities used pursuant to this section shall first be certified by the department to ensure that
juveniles placed in the facility pursuant to this section are
provided with living conditions suitable to the well-being of
the child. Where space is available, juvenile courts, when certified by the department to do so, shall provide secure placement for juveniles pursuant to this section, at department
expense. [2000 c 162 § 17; 2000 c 162 § 8; 1995 c 312 § 63;
1992 c 205 § 214; 1991 c 364 § 5; 1981 c 298 § 17; 1979 ex.s.
c 165 § 21; 1979 c 155 § 80.]
Effective date—2000 c 162 §§ 11-17: See note following RCW
13.32A.060.
[Title 74 RCW—page 54]
Short title—1995 c 312: See note following RCW 13.32A.010.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Conflict with federal requirements—1991 c 364: See note following
RCW 70.96A.020.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
Child admitted to secure facility—Maximum hours of custody—Reconciliation effort—Information to parent and child—Written statement of services and rights: RCW 13.32A.130.
74.13.035
74.13.035 Crisis residential centers—Annual
records, contents—Multiple licensing. Crisis residential
centers shall compile yearly records which shall be transmitted to the department and which shall contain information
regarding population profiles of the children admitted to the
centers during each past calendar year. Such information
shall include but shall not be limited to the following:
(1) The number, age, and sex of children admitted to custody;
(2) Who brought the children to the center;
(3) Services provided to children admitted to the center;
(4) The circumstances which necessitated the children
being brought to the center;
(5) The ultimate disposition of cases;
(6) The number of children admitted to custody who ran
away from the center and their ultimate disposition, if any;
(7) Length of stay.
The department may require the provision of additional information and may require each center to provide all such necessary information in a uniform manner.
A center may, in addition to being licensed as such, also
be licensed as a family foster home or group care facility and
may house on the premises juveniles assigned for foster or
group care. [1979 c 155 § 81.]
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
74.13.036
74.13.036 Implementation of chapters 13.32A and
13.34 RCW—Report to legislature. (1) The department of
social and health services shall oversee implementation of
chapter 13.34 RCW and chapter 13.32A RCW. The oversight shall be comprised of working with affected parts of the
criminal justice and child care systems as well as with local
government, legislative, and executive authorities to effectively carry out these chapters. The department shall work
with all such entities to ensure that chapters 13.32A and
13.34 RCW are implemented in a uniform manner throughout the state.
(2) The department shall develop a plan and procedures,
in cooperation with the statewide advisory committee, to
insure the full implementation of the provisions of chapter
13.32A RCW. Such plan and procedures shall include but
are not limited to:
(a) Procedures defining and delineating the role of the
department and juvenile court with regard to the execution of
the child in need of services placement process;
(b) Procedures for designating department staff responsible for family reconciliation services;
(2004 Ed.)
Child Welfare Services
(c) Procedures assuring enforcement of contempt proceedings in accordance with RCW 13.32A.170 and
13.32A.250; and
(d) Procedures for the continued education of all individuals in the criminal juvenile justice and child care systems
who are affected by chapter 13.32A RCW, as well as members of the legislative and executive branches of government.
There shall be uniform application of the procedures
developed by the department and juvenile court personnel, to
the extent practicable. Local and regional differences shall
be taken into consideration in the development of procedures
required under this subsection.
(3) In addition to its other oversight duties, the department shall:
(a) Identify and evaluate resource needs in each region of
the state;
(b) Disseminate information collected as part of the
oversight process to affected groups and the general public;
(c) Educate affected entities within the juvenile justice
and child care systems, local government, and the legislative
branch regarding the implementation of chapters 13.32A and
13.34 RCW;
(d) Review complaints concerning the services, policies,
and procedures of those entities charged with implementing
chapters 13.32A and 13.34 RCW; and
(e) Report any violations and misunderstandings regarding the implementation of chapters 13.32A and 13.34 RCW.
(4) The department shall provide an annual report to the
legislature not later than December 1 of each year only when
it has declined to accept custody of a child from a law
enforcement agency or it has received a report of a child
being released without placement. The report shall indicate
the number of times it has declined to accept custody of a
child from a law enforcement agency under chapter 13.32A
RCW and the number of times it has received a report of a
child being released without placement under RCW
13.32A.060(1)(c). The report shall include the dates, places,
and reasons the department declined to accept custody and
the dates and places children are released without placement.
[2003 c 207 § 2; 1996 c 133 § 37; 1995 c 312 § 65; 1989 c 175
§ 147; 1987 c 505 § 70; 1985 c 257 § 11; 1981 c 298 § 18;
1979 c 155 § 82.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1985 c 257: See note following RCW 13.34.165.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
74.13.037
74.13.037 Transitional living programs for youth in
the process of being emancipated—Rules. Within available funds appropriated for this purpose, the department shall
establish, by contracts with private vendors, transitional living programs for youth who are being assisted by the department in being emancipated as part of their permanency plan
under chapter 13.34 RCW. These programs shall be licensed
under rules adopted by the department. [1997 c 146 § 9; 1996
c 133 § 39.]
(2004 Ed.)
74.13.045
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
74.13.039
74.13.039 Runaway hot line. The department of social
and health services shall maintain a toll-free hot line to assist
parents of runaway children. The hot line shall provide parents with a complete description of their rights when dealing
with their runaway child. [1994 sp.s. c 7 § 501.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
74.13.040
74.13.040 Rules and regulations for coordination of
services. See RCW 74.12.280.
74.13.042
74.13.042 Petition by the department for order compelling disclosure of record or information. If the department is denied lawful access to records or information, or
requested records or information is not provided in a timely
manner, the department may petition the court for an order
compelling disclosure.
(1) The petition shall be filed in the juvenile court for the
county in which the record or information is located or the
county in which the person who is the subject of the record or
information resides. If the person who is the subject of the
record or information is a party to or the subject of a pending
proceeding under chapter 13.32A or 13.34 RCW, the petition
shall be filed in such proceeding.
(2) Except as otherwise provided in this section, the persons from whom and about whom the record or information
is sought shall be served with a summons and a petition at
least seven calendar days prior to a hearing on the petition.
The court may order disclosure upon ex parte application of
the department, without prior notice to any person, if the
court finds there is reason to believe access to the record or
information is necessary to determine whether the child is in
imminent danger and in need of immediate protection.
(3) The court shall grant the petition upon a showing that
there is reason to believe that the record or information
sought is necessary for the health, safety, or welfare of the
child who is currently receiving child welfare services. [1995
c 311 § 14.]
74.13.045
74.13.045 Complaint resolution process. The department shall develop and implement an informal, nonadversarial complaint resolution process to be used by clients of the
department, foster parents, and other affected individuals
who have complaints regarding a department policy or procedure, or the application of such a policy or procedure, related
to programs administered under this chapter. The process
shall not apply in circumstances where the complainant has
the right under Title 13, 26, or 74 RCW to seek resolution of
the complaint through judicial review or through an adjudicative proceeding.
Nothing in this section shall be construed to create substantive or procedural rights in any person. Participation in
the complaint resolution process shall not entitle any person
to an adjudicative proceeding under chapter 34.05 RCW or to
superior court review. Participation in the process shall not
affect the right of any person to seek other statutorily or constitutionally permitted remedies.
[Title 74 RCW—page 55]
74.13.050
Title 74 RCW: Public Assistance
The department shall develop procedures to assure that
clients and foster parents are informed of the availability of
the complaint resolution process and how to access it. The
department shall incorporate information regarding the complaint resolution process into the training for foster parents
and caseworkers.
The department shall compile complaint resolution data
including the nature of the complaint and the outcome of the
process. [1998 c 245 § 146; 1991 c 340 § 2.]
Intent—1991 c 340: "It is the intent of the legislature to provide timely,
thorough, and fair procedures for resolution of grievances of clients, foster
parents, and the community resulting from decisions made by the department
of social and health services related to programs administered pursuant to
this chapter. Grievances should be resolved at the lowest level possible.
However, all levels of the department should be accountable and responsible
to individuals who are experiencing difficulties with agency services or decisions. It is the intent of the legislature that grievance procedures be made
available to individuals who do not have other remedies available through
judicial review or adjudicative proceedings." [1991 c 340 § 1.]
deposit said funds in a savings and loan association account
on behalf of that particular person.
(4) When the conditions of placement no longer exist
and public assistance is no longer being provided for such
person, upon a showing of legal competency and proper
authority, the secretary shall deliver to such person, or the
parent, person, or agency legally responsible for such person,
all funds belonging to the person remaining in his possession
as custodian, together with a full and final accounting of all
receipts and expenditures made therefrom.
(5) The appointment of a guardian for the estate of such
person shall terminate the secretary's authority as custodian
of said funds upon receipt by the secretary of a certified copy
of letters of guardianship. Upon the guardian's request, the
secretary shall immediately forward to such guardian any
funds of such person remaining in the secretary's possession
together with full and final accounting of all receipts and
expenditures made therefrom. [1971 ex.s. c 169 § 7.]
74.13.050
74.13.050 Day care—Rules and regulations governing the provision of day care as a part of child welfare services. See RCW 74.12.340.
74.13.055
74.13.055 Foster care—Length of stay—Cooperation
with private sector. The department shall adopt rules pursuant to chapter 34.05 RCW which establish goals as to the
maximum number of children who will remain in foster care
for a period of longer than twenty-four months. The department shall also work cooperatively with the major private
child care providers to assure that a partnership plan for utilizing the resources of the public and private sector in all matters pertaining to child welfare is developed and implemented. [1998 c 245 § 147; 1982 c 118 § 1.]
74.13.060
74.13.060 Secretary as custodian of funds of person
placed with department—Authority—Limitations—Termination. The secretary or his designees or delegatees shall
be the custodian without compensation of such moneys and
other funds of any person which may come into the possession of the secretary during the period such person is placed
with the department of social and health services pursuant to
chapter 74.13 RCW. As such custodian, the secretary shall
have authority to disburse moneys from the person's funds for
the following purposes only and subject to the following limitations:
(1) The secretary may disburse any of the funds belonging to such person for such personal needs of such person as
the secretary may deem proper and necessary.
(2) The secretary may apply such funds against the
amount of public assistance otherwise payable to such person. This includes applying, as reimbursement, any benefits,
payments, funds, or accrual paid to or on behalf of said person from any source against the amount of public assistance
expended on behalf of said person during the period for
which the benefits, payments, funds or accruals were paid.
(3) All funds held by the secretary as custodian may be
deposited in a single fund, the receipts and expenditures
therefrom to be accurately accounted for by him on an individual basis. Whenever, the funds belonging to any one person exceed the sum of five hundred dollars, the secretary may
[Title 74 RCW—page 56]
74.13.065
74.13.065 Out-of-home care—Social study required.
(1) The department, or agency responsible for supervising a
child in out-of-home care, shall conduct a social study whenever a child is placed in out-of-home care under the supervision of the department or other agency. The study shall be
conducted prior to placement, or, if it is not feasible to conduct the study prior to placement due to the circumstances of
the case, the study shall be conducted as soon as possible following placement.
(2) The social study shall include, but not be limited to,
an assessment of the following factors:
(a) The physical and emotional strengths and needs of
the child;
(b) Emotional bonds with siblings and the need to maintain regular sibling contacts;
(c) The proximity of the child's placement to the child's
family to aid reunification;
(d) The possibility of placement with the child's relatives
or extended family;
(e) The racial, ethnic, cultural, and religious background
of the child;
(f) The least-restrictive, most family-like placement reasonably available and capable of meeting the child's needs;
and
(g) Compliance with RCW 13.34.260 regarding parental
preferences for placement of their children. [2002 c 52 § 8;
1995 c 311 § 26.]
Intent—2002 c 52: See note following RCW 13.34.025.
74.13.070
74.13.070 Moneys in possession of secretary not subject to certain proceedings. None of the moneys or other
funds which come into the possession of the secretary under
chapter 169, Laws of 1971 ex. sess. shall be subject to execution, levy, attachment, garnishment or other legal process or
other operation of any bankruptcy or insolvency law. [1971
ex.s. c 169 § 8.]
74.13.075
74.13.075 Sexually aggressive youth—Defined—
Expenditure of treatment funds—Tribal jurisdiction. (1)
For the purposes of funds appropriated for the treatment of
(2004 Ed.)
Child Welfare Services
sexually aggressive youth, the term "sexually aggressive
youth" means those juveniles who:
(a) Have been abused and have committed a sexually
aggressive act or other violent act that is sexual in nature; and
(i) Are in the care and custody of the state or a federally
recognized Indian tribe located within the state; or
(ii) Are the subject of a proceeding under chapter 13.34
RCW or a child welfare proceeding held before a tribal court
located within the state; or
(b) Cannot be detained under the juvenile justice system
due to being under age twelve and incompetent to stand trial
for acts that could be prosecuted as sex offenses as defined by
RCW 9.94A.030 if the juvenile was over twelve years of age,
or competent to stand trial if under twelve years of age.
(2) In expending these funds, the department of social
and health services shall establish in each region a case
review committee to review all cases for which the funds are
used. In determining whether to use these funds in a particular case, the committee shall consider:
(a) The age of the juvenile;
(b) The extent and type of abuse to which the juvenile
has been subjected;
(c) The juvenile's past conduct;
(d) The benefits that can be expected from the treatment;
(e) The cost of the treatment; and
(f) The ability of the juvenile's parent or guardian to pay
for the treatment.
(3) The department may provide funds, under this section, for youth in the care and custody of a tribe or through a
tribal court, for the treatment of sexually aggressive youth
only if: (a) The tribe uses the same or equivalent definitions
and standards for determining which youth are sexually
aggressive; and (b) the department seeks to recover any federal funds available for the treatment of youth. [1994 c 169 §
1. Prior: 1993 c 402 § 3; 1993 c 146 § 1; 1990 c 3 § 305.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
74.13.077 Sexually aggressive youth—Transfer of
surplus funds for treatment. The secretary of the department of social and health services is authorized to transfer
surplus, unused treatment funds from the civil commitment
center operated under chapter 71.09 RCW to the division of
children and family services to provide treatment services for
sexually aggressive youth. [1993 c 402 § 4.]
74.13.077
74.13.080 Group care placement—Prerequisites for
payment. The department shall not make payment for any
child in group care placement unless the group home is
licensed and the department has the custody of the child and
the authority to remove the child in a cooperative manner
after at least seventy-two hours notice to the child care provider; such notice may be waived in emergency situations.
However, this requirement shall not be construed to prohibit
the department from making or mandate the department to
make payment for Indian children placed in facilities licensed
by federally recognized Indian tribes pursuant to chapter
74.15 RCW. [1987 c 170 § 11; 1982 c 118 § 2.]
74.13.080
Effective date—1987 c 170 §§ 10 and 11: See note following RCW
74.13.031.
Severability—1987 c 170: See note following RCW 13.04.030.
(2004 Ed.)
74.13.090
74.13.085
74.13.085 Child care services—Declaration of policy.
It shall be the policy of the state of Washington to:
(1) Recognize the family as the most important social
and economic unit of society and support the central role parents play in child rearing. All parents are encouraged to care
for and nurture their children through the traditional methods
of parental care at home. However, there has been a dramatic
increase in participation of women in the workforce which
has made the availability of quality, affordable child care a
critical concern for the state and its citizens. There are not
enough child care services and facilities to meet the needs of
working parents, the costs of care are often beyond the
resources of working parents, and child care facilities are not
located conveniently to work places and neighborhoods. Parents are encouraged to participate fully in the effort to
improve the quality of child care services.
(2) Promote a variety of culturally and developmentally
appropriate child care settings and services of the highest
possible quality in accordance with the basic principle of
continuity of care. These settings shall include, but not be
limited to, family day care homes, mini-centers, centers and
schools.
(3) Promote the growth, development and safety of children by working with community groups including providers
and parents to establish standards for quality service, training
of child care providers, fair and equitable monitoring, and
salary levels commensurate with provider responsibilities
and support services.
(4) Promote equal access to quality, affordable, socioeconomically integrated child care for all children and families.
(5) Facilitate broad community and private sector
involvement in the provision of quality child care services to
foster economic development and assist industry. [1989 c
381 § 2; 1988 c 213 § 1.]
Findings—1989 c 381: "The legislature finds that the increasing difficulty of balancing work life and family needs for parents in the workforce
has made the availability of quality, affordable child care a critical concern
for the state and its citizens. The prospect for labor shortages resulting from
the aging of the population and the importance of the quality of the workforce to the competitiveness of Washington businesses make the availability
of quality child care an important concern for the state and its businesses.
The legislature further finds that making information on child care
options available to businesses can help the market for child care adjust to
the needs of businesses and working families. The legislature further finds
that investments are necessary to promote partnerships between the public
and private sectors, educational institutions, and local governments to
increase the supply, affordability, and quality of child care in the state."
[1989 c 381 § 1.]
Severability—1989 c 381: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1989 c 381 § 7.]
Severability—1988 c 213: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1988 c 213 § 5.]
74.13.090
74.13.090 Child care coordinating committee. (1)
There is established a child care coordinating committee to
provide coordination and communication between state
agencies responsible for child care and early childhood education services. The child care coordinating committee shall
[Title 74 RCW—page 57]
74.13.0901
Title 74 RCW: Public Assistance
be composed of not less than seventeen nor more than thirtythree members who shall include:
(a) One representative each from the department of
social and health services, the department of community,
trade, and economic development, the office of the superintendent of public instruction, and any other agency having
responsibility for regulation, provision, or funding of child
care services in the state;
(b) One representative from the department of labor and
industries;
(c) One representative from the department of revenue;
(d) One representative from the employment security
department;
(e) One representative from the department of personnel;
(f) One representative from the department of health;
(g) At least one representative of family home child care
providers and one representative of center care providers;
(h) At least one representative of early childhood development experts;
(i) At least one representative of school districts and
teachers involved in the provision of child care and preschool
programs;
(j) At least one parent education specialist;
(k) At least one representative of resource and referral
programs;
(l) One pediatric or other health professional;
(m) At least one representative of college or university
child care providers;
(n) At least one representative of a citizen group concerned with child care;
(o) At least one representative of a labor organization;
(p) At least one representative of a head start - early
childhood education assistance program agency;
(q) At least one employer who provides child care assistance to employees;
(r) Parents of children receiving, or in need of, child care,
half of whom shall be parents needing or receiving subsidized child care and half of whom shall be parents who are
able to pay for child care.
The named state agencies shall select their representative
to the child care coordinating committee. The department of
social and health services shall select the remaining members, considering recommendations from lists submitted by
professional associations and other interest groups until such
time as the committee adopts a member selection process.
The department shall use any federal funds which may
become available to accomplish the purposes of RCW
74.13.085 through 74.13.095.
The committee shall elect officers from among its membership and shall adopt policies and procedures specifying
the lengths of terms, methods for filling vacancies, and other
matters necessary to the ongoing functioning of the committee. The secretary of social and health services shall appoint a
temporary chair until the committee has adopted policies and
elected a chair accordingly. Child care coordinating committee members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(2) To the extent possible within available funds, the
child care coordinating committee shall:
(a) Serve as an advisory coordinator for all state agencies
responsible for early childhood or child care programs for the
[Title 74 RCW—page 58]
purpose of improving communication and interagency coordination;
(b) Annually review state programs and make recommendations to the agencies and the legislature which will
maximize funding and promote furtherance of the policies set
forth in RCW 74.13.085. Reports shall be provided to all
appropriate committees of the legislature by December 1 of
each year. At a minimum the committee shall:
(i) Review and propose changes to the child care subsidy
system in its December 1989 report;
(ii) Review alternative models for child care service systems, in the context of the policies set forth in RCW
74.13.085, and recommend to the legislature a new child care
service structure; and
(iii) Review options and make recommendations on the
feasibility of establishing an allocation for day care facilities
when constructing state buildings;
(c) Review department of social and health services
administration of the child care expansion grant program
described in RCW 74.13.095;
(d) Review rules regarding child care facilities and services for the purpose of identifying those which unnecessarily obstruct the availability and affordability of child care in
the state;
(e) Advise and assist the office of child care policy in
implementing his or her duties under RCW 74.13.0903;
(f) Perform other functions to improve the quantity and
quality of child care in the state, including compliance with
existing and future prerequisites for federal funding; and
(g) Advise and assist the department of personnel in its
responsibility for establishing policies and procedures that
provide for the development of quality child care programs
for state employees. [1995 c 399 § 204; 1993 c 194 § 7; 1989
c 381 § 3; 1988 c 213 § 2.]
Findings—Severability—1989 c 381: See notes following RCW
74.13.085.
Severability—1988 c 213: See note following RCW 74.13.085.
74.13.0901 Child care partnership. The child care
partnership is established as a subcommittee of the child care
coordinating committee to increase employer assistance and
involvement in child care, and to foster cooperation between
business and government to improve the availability, quality,
and affordability of child care services in the state.
(1) The partnership shall have nine members who may
be drawn from the membership of the child care coordinating
committee. The secretary of the department of social and
health services shall appoint the partnership members, who
shall include:
(a) At least two members representing labor organizations;
(b) At least one member representing each of the following: Businesses with one through fifty employees, businesses
with fifty-one through two hundred employees, and businesses with more than two hundred employees; and
(c) At least one representative of local child care
resource and referral organizations.
(2) The partnership shall follow the same policies and
procedures adopted by the child care coordinating committee, and members shall be reimbursed for travel expenses as
provided in RCW 43.03.050 and 43.03.060.
74.13.0901
(2004 Ed.)
Child Welfare Services
(3) To the extent possible within available funds, the
partnership shall:
(a) Review and propose statutory and administrative
changes to encourage employer involvement in child care
and partnerships between employers and the public sector to
increase the quantity, quality, and affordability of child care
services and facilities in this state;
(b) Review public and private child care programs with
the purpose of enhancing communications and coordination
among business, labor, public agencies, and child care providers in order to encourage employers to develop and implement child care services for their employees;
(c) Evaluate alternative employer-assisted child care service systems, in the context of the policies set forth in RCW
74.13.085, and recommend to the legislature and local governments ways to encourage and enhance employer-assisted
child care services in the state, including statutory and administrative changes;
(d) Evaluate the impact of workplace personnel practices
and policies, including flexible work schedules, on the ability
of parents to access or provide care for their children, and
make recommendations to employers and the legislature in
this regard;
(e) Study the liability insurance issues related to the provision of employer-assisted child care and report the findings
and recommendations to the legislature; and
(f) Advise and assist the employer liaison in the implementation of its duties under RCW 74.13.0902.
All findings and recommendations of the partnership to
the legislature shall be incorporated into the annual report of
the child care coordinating committee required under RCW
74.13.090. [1989 c 381 § 4.]
Findings—Severability—1989 c 381: See notes following RCW
74.13.085.
74.13.0902
74.13.0902 Child care partnership employer liaison.
An employer liaison position is established in the department
of social and health services to be colocated at the business
assistance center established under *RCW 43.31.083. The
employer liaison shall, within appropriated funds:
(1) Staff and assist the child care partnership in the
implementation of its duties under RCW 74.13.0901;
(2) Provide technical assistance to employers regarding
child care services, working with and through local resource
and referral organizations whenever possible. Such technical
assistance shall include at a minimum:
(a) Assessing the child care needs of employees and prospective employees;
(b) Reviewing options available to employers interested
in increasing access to child care for their employees;
(c) Developing techniques to permit small businesses to
increase access to child care for their employees;
(d) Reviewing methods of evaluating the impact of child
care activities on employers; and
(e) Preparing, collecting, and distributing current information for employers on options for increasing involvement
in child care; and
(3) Provide assistance to local child care resource and
referral organizations to increase their capacity to provide
quality technical assistance to employers in their community.
[1989 c 381 § 6.]
(2004 Ed.)
74.13.0903
*Reviser's note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Findings—Severability—1989 c 381: See notes following RCW
74.13.085.
74.13.0903
74.13.0903 Office of child care policy. The office of
child care policy is established to operate under the authority
of the department of social and health services. The duties
and responsibilities of the office include, but are not limited
to, the following, within appropriated funds:
(1) Staff and assist the child care coordinating committee
in the implementation of its duties under RCW 74.13.090;
(2) Work in conjunction with the statewide child care
resource and referral network as well as local governments,
nonprofit organizations, businesses, and community child
care advocates to create local child care resource and referral
organizations. These organizations may carry out needs
assessments, resource development, provider training, technical assistance, and parent information and training;
(3) Actively seek public and private money for distribution as grants to the statewide child care resource and referral
network and to existing or potential local child care resource
and referral organizations;
(4) Adopt rules regarding the application for and distribution of grants to local child care resource and referral organizations. The rules shall, at a minimum, require an applicant
to submit a plan for achieving the following objectives:
(a) Provide parents with information about child care
resources, including location of services and subsidies;
(b) Carry out child care provider recruitment and training
programs, including training under RCW 74.25.040;
(c) Offer support services, such as parent and provider
seminars, toy-lending libraries, and substitute banks;
(d) Provide information for businesses regarding child
care supply and demand;
(e) Advocate for increased public and private sector
resources devoted to child care;
(f) Provide technical assistance to employers regarding
employee child care services; and
(g) Serve recipients of temporary assistance for needy
families and working parents with incomes at or below
household incomes of one hundred seventy-five percent of
the federal poverty line;
(5) Provide staff support and technical assistance to the
statewide child care resource and referral network and local
child care resource and referral organizations;
(6) Maintain a statewide child care licensing data bank
and work with department of social and health services licensors to provide information to local child care resource and
referral organizations about licensed child care providers in
the state;
(7) Through the statewide child care resource and referral network and local resource and referral organizations,
compile data about local child care needs and availability for
future planning and development;
(8) Coordinate with the statewide child care resource and
referral network and local child care resource and referral
organizations for the provision of training and technical
assistance to child care providers; and
[Title 74 RCW—page 59]
74.13.095
Title 74 RCW: Public Assistance
(9) Collect and assemble information regarding the
availability of insurance and of federal and other child care
funding to assist state and local agencies, businesses, and
other child care providers in offering child care services.
[1997 c 58 § 404; 1993 c 453 § 2; 1991 sp.s. c 16 § 924; 1989
c 381 § 5.]
Finding—1997 c 58: "The legislature finds that informed choice is
consistent with individual responsibility and that parents should be given a
range of options for available child care while participating in the program."
[1997 c 58 § 401.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Finding—1993 c 453: "The legislature finds that building a system of
quality, affordable child care requires coordinated efforts toward constructing partnerships at state and community levels. Through the office of child
care policy, the department of social and health services is responsible for
facilitating the coordination of child care efforts and establishing working
partnerships among the affected entities within the public and private sectors. Through these collaborative efforts, the office of child care policy
encouraged the coalition of locally based child care resource and referral
agencies into a statewide network. The statewide network, in existence since
1989, supports the development and operation of community-based resource
and referral programs, improves the quality and quantity of child care available in Washington by fostering statewide strategies, and generates then nurtures effective public-private partnerships. The statewide network provides
important training, standards of service, and general technical assistance to
its locally based child care resource and referral programs. The locally based
programs enrich the availability, affordability, and quality of child care in
their communities." [1993 c 453 § 1.]
Effective date—1993 c 453: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 17, 1993]." [1993 c 453 § 3.]
Severability—Effective date—1991 sp.s. c 16: See notes following
RCW 9.46.100.
Findings—Severability—1989 c 381: See notes following RCW
74.13.085.
74.13.095 Child care expansion grant fund. (1) The
legislature recognizes that a severe shortage of child care
exists to the detriment of all families and employers throughout the state. Many workers are unable to enter or remain in
the work force due to a shortage of child care resources. The
high costs of starting a child care business create a barrier to
the creation of new slots, especially for children with special
needs.
(2) A child care expansion grant fund is created in the
custody of the secretary of the department of social and
health services. Grants shall be awarded on a one-time only
basis to persons, organizations, or schools needing assistance
to start a child care center or mini-center as defined by the
department by rule, or to existing licensed child care providers, including family home providers, for the purpose of making capital improvements in order to accommodate handicapped children as defined under chapter 72.40 RCW, sick
children, or infant care, or children needing night time care.
No grant may exceed ten thousand dollars. Start-up costs
shall not include operational costs after the first three months
of business.
(3) Child care expansion grants shall be awarded on the
basis of need for the proposed services in the community,
within appropriated funds.
(4) The department shall adopt rules under chapter 34.05
RCW setting forth criteria, application procedures, and meth74.13.095
[Title 74 RCW—page 60]
ods to assure compliance with the purposes described in this
section. [1988 c 213 § 3.]
Severability—1988 c 213: See note following RCW 74.13.085.
ADOPTION SUPPORT DEMONSTRATION ACT
OF 1971
74.13.100
74.13.100 Adoption support—State policy enunciated. It is the policy of this state to enable the secretary to
charge fees for certain services to adoptive parents who are
able to pay for such services.
It is, however, also the policy of this state that the secretary of the department of social and health services shall be
liberal in waiving, reducing, or deferring payment of any
such fee to the end that adoptions shall be encouraged in
cases where prospective adoptive parents lack means.
It is the policy of this state to encourage, within the limits
of available funds, the adoption of certain hard to place children in order to make it possible for children living in, or
likely to be placed in, foster homes or institutions to benefit
from the stability and security of permanent homes in which
such children can receive continuous parental care, guidance,
protection, and love and to reduce the number of such children who must be placed or remain in foster homes or institutions until they become adults.
It is also the policy of this state to try, by means of the
program of adoption support authorized in RCW 26.33.320
and 74.13.100 through 74.13.145, to reduce the total cost to
the state of foster home and institutional care. [1985 c 7 §
133; 1971 ex.s. c 63 § 1.]
74.13.103
74.13.103 Prospective adoptive parent's fee for cost
of adoption services. When a child proposed for adoption is
placed with a prospective adoptive parent the department
may charge such parent a fee in payment or part payment of
such adoptive parent's part of the cost of the adoption services
rendered and to be rendered by the department.
In charging such fees the department shall treat a husband and wife as a single prospective adoptive parent.
Each such fee shall be fixed according to a sliding scale
based on the ability to pay of the prospective adoptive parent
or parents.
Such fee scale shall be annually fixed by the secretary
after considering the recommendations of the committee designated by the secretary to advise him on child welfare and
pursuant to the regulations to be issued by the secretary in
accordance with the provisions of Title 34 RCW.
The secretary may waive, defer, or provide for payment
in installments without interest of, any such fee whenever in
his judgment payment or immediate payment would cause
economic hardship to such adoptive parent or parents.
Nothing in this section shall require the payment of a fee
to the state of Washington in a case in which an adoption
results from independent placement or placement by a
licensed child-placing agency. [1971 ex.s. c 63 § 2.]
74.13.106
74.13.106 Adoption services—Disposition of fees—
Use—Federal funds—Gifts and grants. All fees paid for
adoption services pursuant to RCW 26.33.320 and 74.13.100
through 74.13.145 shall be credited to the general fund.
(2004 Ed.)
Child Welfare Services
Expenses incurred in connection with supporting the adoption of hard to place children shall be paid by warrants drawn
against such appropriations as may be available. The secretary may for such purposes, contract with any public agency
or licensed child placing agency and/or adoptive parent and is
authorized to accept funds from other sources including federal, private, and other public funding sources to carry out
such purposes.
The secretary shall actively seek, where consistent with
the policies and programs of the department, and shall make
maximum use of, such federal funds as are or may be made
available to the department for the purpose of supporting the
adoption of hard to place children. The secretary may, if permitted by federal law, deposit federal funds for adoption support, aid to adoptions, or subsidized adoption in the general
fund and may use such funds, subject to such limitations as
may be imposed by federal or state law, to carry out the program of adoption support authorized by RCW 26.33.320 and
74.13.100 through 74.13.145. [1985 c 7 § 134; 1979 ex.s. c
67 § 7; 1975 c 53 § 1; 1973 c 61 § 1; 1971 ex.s. c 63 § 3.]
Severability—1979 ex.s. c 67: See note following RCW 19.28.351.
74.13.109
74.13.109 Adoption support program administration—Rules and regulations—Disbursements from general fund, criteria. The secretary shall issue rules and regulations to assist in the administration of the program of adoption support authorized by RCW 26.33.320 and 74.13.100
through 74.13.145.
Disbursements from the appropriations available from
the general fund shall be made pursuant to such rules and regulations and pursuant to agreements conforming thereto to be
made by the secretary with parents for the purpose of supporting the adoption of children in, or likely to be placed in,
foster homes or child caring institutions who are found by the
secretary to be difficult to place in adoption because of physical or other reasons; including, but not limited to, physical or
mental handicap, emotional disturbance, ethnic background,
language, race, color, age, or sibling grouping.
Such agreements shall meet the following criteria:
(1) The child whose adoption is to be supported pursuant
to such agreement shall be or have been a child hard to place
in adoption.
(2) Such agreement must relate to a child who was or is
residing in a foster home or child-caring institution or a child
who, in the judgment of the secretary, is both eligible for, and
likely to be placed in, either a foster home or a child-caring
institution.
(3) Such agreement shall provide that adoption support
shall not continue beyond the time that the adopted child
reaches eighteen years of age, becomes emancipated, dies, or
otherwise ceases to need support, provided that if the secretary shall find that continuing dependency of such child after
such child reaches eighteen years of age warrants the continuation of support pursuant to RCW 26.33.320 and 74.13.100
through 74.13.145 the secretary may do so, subject to all the
provisions of RCW 26.33.320 and 74.13.100 through
74.13.145, including annual review of the amount of such
support.
(4) Any prospective parent who is to be a party to such
agreement shall be a person who has the character, judgment,
(2004 Ed.)
74.13.115
sense of responsibility, and disposition which make him or
her suitable as an adoptive parent of such child. [1990 c 285
§ 7; 1985 c 7 § 135; 1982 c 118 § 4; 1979 ex.s. c 67 § 8; 1971
ex.s. c 63 § 4.]
Findings—Purpose—Severability—1990 c 285: See notes following
RCW 74.04.005.
Severability—1979 ex.s. c 67: See note following RCW 19.28.351.
74.13.112
74.13.112 Factors determining payments or adjustment in standards. The factors to be considered by the secretary in setting the amount of any payment or payments to be
made pursuant to RCW 26.33.320 and 74.13.100 through
74.13.145 and in adjusting standards hereunder shall include:
The size of the family including the adoptive child, the usual
living expenses of the family, the special needs of any family
member including education needs, the family income, the
family resources and plan for savings, the medical and hospitalization needs of the family, the family's means of purchasing or otherwise receiving such care, and any other expenses
likely to be needed by the child to be adopted. In setting the
amount of any initial payment made pursuant to RCW
26.33.320 and 74.13.100 through 74.13.145, the secretary is
authorized to establish maximum payment amounts that are
reasonable and allow permanency planning goals related to
adoption of children under RCW 13.34.145 to be achieved at
the earliest possible date.
The amounts paid for the support of a child pursuant to
RCW 26.33.320 and 74.13.100 through 74.13.145 may vary
from family to family and from year to year. Due to changes
in economic circumstances or the needs of the child such payments may be discontinued and later resumed.
Payments under RCW 26.33.320 and 74.13.100 through
74.13.145 may be continued by the secretary subject to
review as provided for herein, if such parent or parents having such child in their custody establish their residence in
another state or a foreign jurisdiction.
In fixing the standards to govern the amount and character of payments to be made for the support of adopted children pursuant to RCW 26.33.320 and 74.13.100 through
74.13.145 and before issuing rules and regulations to carry
out the provisions of RCW 26.33.320 and 74.13.100 through
74.13.145, the secretary shall consider the comments and recommendations of the committee designated by the secretary
to advise him with respect to child welfare. [1996 c 130 § 1;
1985 c 7 § 136; 1971 ex.s. c 63 § 5.]
74.13.115
74.13.115 Both continuing payments and lump sum
payments authorized. To carry out the program authorized
by RCW 26.33.320 and 74.13.100 through 74.13.145, the
secretary may make continuing payments or lump sum payments of adoption support. In lieu of continuing payments, or
in addition to them, the secretary may make one or more specific lump sum payments for or on behalf of a hard to place
child either to the adoptive parents or directly to other persons to assist in correcting any condition causing such child
to be hard to place for adoption.
Consistent with a particular child's needs, continuing
adoption support payments shall include, if necessary to
facilitate or support the adoption of a special needs child, an
amount sufficient to remove any reasonable financial barrier
[Title 74 RCW—page 61]
74.13.116
Title 74 RCW: Public Assistance
to adoption as determined by the secretary under RCW
74.13.112.
After determination by the secretary of the amount of a
payment or the initial amount of continuing payments, the
prospective parent or parents who desire such support shall
sign an agreement with the secretary providing for the payment, in the manner and at the time or times prescribed in
regulations to be issued by the secretary subject to the provisions of RCW 26.33.320 and 74.13.100 through 74.13.145,
of the amount or amounts of support so determined.
Payments shall be subject to review as provided in RCW
26.33.320 and 74.13.100 through 74.13.145. [1996 c 130 §
2; 1985 c 7 § 137; 1971 ex.s. c 63 § 6.]
74.13.116
74.13.116 Application—1996 c 130. Chapter 130,
Laws of 1996 applies to adoption support payments for eligible children whose eligibility is determined on or after July 1,
1996. Chapter 130, Laws of 1996 does not apply retroactively to current recipients of adoption support payments.
[1996 c 130 § 3.]
74.13.118
74.13.118 Review of support payments. At least once
every five years, the secretary shall review the need of any
adoptive parent or parents receiving continuing support pursuant to RCW 26.33.320 and 74.13.100 through 74.13.145,
or the need of any parent who is to receive more than one
lump sum payment where such payments are to be spaced
more than one year apart.
At the time of such review and at other times when
changed conditions, including variations in medical opinions,
prognosis and costs, are deemed by the secretary to warrant
such action, appropriate adjustments in payments shall be
made based upon changes in the needs of the child, in the
adoptive parents' income, resources, and expenses for the
care of such child or other members of the family, including
medical and/or hospitalization expense not otherwise covered by or subject to reimbursement from insurance or other
sources of financial assistance.
Any parent who is a party to such an agreement may at
any time in writing request, for reasons set forth in such
request, a review of the amount of any payment or the level
of continuing payments. Such review shall be begun not later
than thirty days from the receipt of such request. Any adjustment may be made retroactive to the date such request was
received by the secretary. If such request is not acted on
within thirty days after it has been received by the secretary,
such parent may invoke his rights under the hearing provisions set forth in RCW 74.13.127. [1995 c 270 § 2; 1985 c 7
§ 138; 1971 ex.s. c 63 § 7.]
Finding—1995 c 270: "The legislature finds that it is in the best interest
of the people of the state of Washington to support the adoption process in a
variety of ways, including easing administrative burdens on adoptive parents
receiving financial support, providing finality for adoptive placements and
stable homes for children, and not delaying adoptions." [1995 c 270 § 1.]
74.13.121
74.13.121 Adoptive parent's financial information.
So long as any adoptive parent is receiving support pursuant
to RCW 26.33.320 and 74.13.100 through 74.13.145 he or
she shall, upon request, file with the secretary a copy of his or
her federal income tax return. Such return and any information thereon shall be marked by the secretary "confidential",
[Title 74 RCW—page 62]
shall be used by the secretary solely for the purposes of RCW
26.33.320 and 74.13.100 through 74.13.145, and shall not be
revealed to any other person, institution or agency, public or
private, including agencies of the United States government,
other than a superior court, judge or commissioner before
whom a petition for adoption of a child being supported or to
be supported pursuant to RCW 26.33.320 and 74.13.100
through 74.13.145 is then pending.
In carrying on the review process authorized by RCW
26.33.320 and 74.13.100 through 74.13.145 the secretary
may require the adoptive parent or parents to disclose such
additional financial information, not privileged, as may
enable him or her to make determinations and adjustments in
support to the end that the purposes and policies of this state
expressed in RCW 74.13.100 may be carried out, provided
that no adoptive parent or parents shall be obliged, by virtue
of this section, to sign any agreement or other writing waiving any constitutional right or privilege nor to admit to his or
her home any agent, employee, or official of any department
of this state, or of the United States government.
Such information shall be marked "confidential" by the
secretary, shall be used by him or her solely for the purposes
of RCW 26.33.320 and 74.13.100 through 74.13.145, and
shall not be revealed to any other person, institution, or
agency, public or private, including agencies of the United
States government other than a superior court judge or commission before whom a petition for adoption of a child being
supported or to be supported pursuant to RCW 26.33.320 and
74.13.100 through 74.13.145 is then pending. [1995 c 270 §
3; 1985 c 7 § 139; 1971 ex.s. c 63 § 8.]
Finding—1995 c 270: See note following RCW 74.13.118.
74.13.124
74.13.124 Agreements as contracts within state and
federal Constitutions—State's continuing obligation. An
agreement for adoption support made pursuant to *RCW
26.32.115 before January 1, 1985, or RCW 26.33.320 and
74.13.100 through 74.13.145, although subject to review and
adjustment as provided for herein, shall, as to the standard
used by the secretary in making such review or reviews and
any such adjustment, constitutes a contract within the meaning of section 10, Article I of the United States Constitution
and section 23, Article I of the state Constitution. For that
reason once such an agreement has been made any review of
and adjustment under such agreement shall as to the standards used by the secretary, be made only subject to the provisions of RCW 26.33.320 and 74.13.100 through 74.13.145
and such rules and regulations relating thereto as they exist
on the date of the initial determination in connection with
such agreement or such more generous standard or parts of
such standard as may hereafter be provided for by law or regulation. Once made such an agreement shall constitute a solemn undertaking by the state of Washington with such adoptive parent or parents. The termination of the effective period
of RCW 26.33.320 and 74.13.100 through 74.13.145 or a
decision by the state or federal government to discontinue or
reduce general appropriations made available for the purposes to be served by RCW 26.33.320 and 74.13.100 through
74.13.145, shall not affect the state's specific continuing obligations to support such adoptions, subject to such annual
(2004 Ed.)
Child Welfare Services
review and adjustment for all such agreements as have theretofore been entered into by the state.
The purpose of this section is to assure any such parent
that, upon his consenting to assume the burdens of adopting a
hard to place child, the state will not in future so act by way
of general reduction of appropriations for the program authorized by RCW 26.33.320 and 74.13.100 through 74.13.145 or
ratable reductions, to impair the trust and confidence necessarily reposed by such parent in the state as a condition of
such parent taking upon himself the obligations of parenthood of a difficult to place child.
Should the secretary and any such adoptive parent differ
as to whether any standard or part of a standard adopted by
the secretary after the date of an initial agreement, which
standard or part is used by the secretary in making any review
and adjustment, is more generous than the standard in effect
as of the date of the initial determination with respect to such
agreement such adoptive parent may invoke his rights,
including all rights of appeal under the fair hearing provisions, available to him under RCW 74.13.127. [1985 c 7 §
140; 1971 ex.s. c 63 § 9.]
*Reviser's note: RCW 26.32.115 was repealed by 1984 c 155 § 38,
effective January 1, 1985.
74.13.127 Voluntary amendments to agreements—
Procedure when adoptive parties disagree. Voluntary
amendments of any support agreement entered into pursuant
to RCW 26.33.320 and 74.13.100 through 74.13.145 may be
made at any time. In proposing any such amending action
which relates to the amount or level of a payment or payments, the secretary shall, as provided in RCW 74.13.124,
use either the standard which existed as of the date of the initial determination with respect to such agreement or any subsequent standard or parts of such standard which both parties
to such agreement agree is more generous than those in effect
as of the date of such initial agreement. If the parties do not
agree to the level of support, the secretary shall set the level.
The secretary shall give the adoptive parent or parents written
notice of the determination. The adoptive parent or parents
aggrieved by the secretary's determination have the right to
an adjudicative proceeding. The proceeding is governed by
RCW 74.08.080 and chapter 34.05 RCW, the Administrative
Procedure Act. [1989 c 175 § 148; 1985 c 7 § 141; 1971 ex.s.
c 63 § 10.]
74.13.127
74.13.150
the department. [1990 c 285 § 8; 1985 c 7 § 142; 1979 ex.s.
c 67 § 9; 1971 ex.s. c 63 § 11.]
Findings—Purpose—Severability—1990 c 285: See notes following
RCW 74.04.005.
Severability—1979 ex.s. c 67: See note following RCW 19.28.351.
74.13.133
74.13.133 Records—Confidentiality. The secretary
shall keep such general records as are needed to evaluate the
effectiveness of the program of adoption support authorized
by RCW 26.33.320 and 74.13.100 through 74.13.145 in
encouraging and effectuating the adoption of hard to place
children. In so doing the secretary shall, however, maintain
the confidentiality required by law with respect to particular
adoptions. [1985 c 7 § 143; 1971 ex.s. c 63 § 13.]
74.13.136
74.13.136 Recommendations for support of the adoption of certain children. Any child-caring agency or person
having a child in foster care or institutional care and wishing
to recommend to the secretary support of the adoption of such
child as provided for in RCW 26.33.320 and 74.13.100
through 74.13.145 may do so, and may include in its or his
recommendation advice as to the appropriate level of support
and any other information likely to assist the secretary in carrying out the functions vested in the secretary by RCW
26.33.320 and 74.13.100 through 74.13.145. Such agency
may, but is not required to, be retained by the secretary to
make the required preplacement study of the prospective
adoptive parent or parents. [1985 c 7 § 144; 1971 ex.s. c 63
§ 14.]
74.13.139
74.13.139 "Secretary" and "department" defined.
As used in RCW 26.33.320 and 74.13.100 through 74.13.145
the following definitions shall apply:
(1) "Secretary" means the secretary of the department of
social and health services or his designee.
(2) "Department" means the department of social and
health services. [1985 c 7 § 145; 1971 ex.s. c 63 § 15.]
74.13.145
74.13.145 Short title—1971 act. RCW 26.33.320 and
74.13.100 through 74.13.145 may be known and cited as the
"Adoption Support Demonstration Act of 1971". [1985 c 7 §
146; 1971 ex.s. c 63 § 17.]
74.13.150
Effective date—1989 c 175: See note following RCW 34.05.010.
74.13.130 Nonrecurring adoption expenses. The secretary may authorize the payment, from the appropriations
available from the general fund, of all or part of the nonrecurring adoption expenses incurred by a prospective parent.
"Nonrecurring adoption expenses" means those expenses
incurred by a prospective parent in connection with the adoption of a difficult to place child including, but not limited to,
attorneys' fees, court costs, and agency fees. Payment shall be
made in accordance with rules adopted by the department.
This section shall have retroactive application to January
1, 1987. For purposes of retroactive application, the secretary
may provide reimbursement to any parent who adopted a difficult to place child between January 1, 1987, and one year
following June 7, 1990, regardless of whether the parent had
previously entered into an adoption support agreement with
74.13.130
(2004 Ed.)
74.13.150 Adoption support reconsideration program. (1) The department of social and health services shall
establish, within funds appropriated for the purpose, a reconsideration program to provide medical and counseling services through the adoption support program for children of
families who apply for services after the adoption is final.
Families requesting services through the program shall provide any information requested by the department for the purpose of processing the family's application for services.
(2) A child meeting the eligibility criteria for registration
with the program is one who:
(a) Was residing in a preadoptive placement funded by
the department or in foster care funded by the department
immediately prior to the adoptive placement;
(b) Had a physical or mental handicap or emotional disturbance that existed and was documented prior to the adoption or was at high risk of future physical or mental handicap
[Title 74 RCW—page 63]
74.13.152
Title 74 RCW: Public Assistance
or emotional disturbance as a result of conditions exposed to
prior to the adoption; and
(c) Resides in the state of Washington with an adoptive
parent who lacks the necessary financial means to care for the
child's special need.
(3) If a family is accepted for registration and meets the
criteria in subsection (2) of this section, the department may
enter into an agreement for services. Prior to entering into an
agreement for services through the program, the medical
needs of the child must be reviewed and approved by the
department.
(4) Any services provided pursuant to an agreement
between a family and the department shall be met from the
department's medical program. Such services shall be limited
to:
(a) Services provided after finalization of an agreement
between a family and the department pursuant to this section;
(b) Services not covered by the family's insurance or
other available assistance; and
(c) Services related to the eligible child's identified physical or mental handicap or emotional disturbance that existed
prior to the adoption.
(5) Any payment by the department for services provided pursuant to an agreement shall be made directly to the
physician or provider of services according to the department's established procedures.
(6) The total costs payable by the department for services
provided pursuant to an agreement shall not exceed twenty
thousand dollars per child. [1997 c 131 § 1; 1990 c 285 § 5.]
Findings—Purpose—Severability—1990 c 285: See notes following
RCW 74.04.005.
74.13.152
74.13.152 Interstate agreements for adoption of children with special needs—Findings. The legislature finds
that:
(1) Finding adoptive families for children for whom state
assistance under RCW 74.13.100 through 74.13.145 is desirable and assuring the protection of the interest of the children
affected during the entire assistance period require special
measures when the adoptive parents move to other states or
are residents of another state.
(2) Provision of medical and other necessary services for
children, with state assistance, encounters special difficulties
when the provision of services takes place in other states.
[1997 c 31 § 1.]
74.13.153
74.13.153 Interstate agreements for adoption of children with special needs—Purpose. The purposes of RCW
74.13.152 through 74.13.159 are to:
(1) Authorize the department to enter into interstate
agreements with agencies of other states for the protection of
children on behalf of whom adoption assistance is being provided by the department; and
(2) Provide procedures for interstate children's adoption
assistance payments, including medical payments. [1997 c
31 § 2.]
74.13.154
74.13.154 Interstate agreements for adoption of children with special needs—Definitions. The definitions in
[Title 74 RCW—page 64]
this section apply throughout RCW 74.13.152 through
74.13.159 unless the context clearly indicates otherwise.
(1) "Adoption assistance state" means the state that is
signatory to an adoption assistance agreement in a particular
case.
(2) "Residence state" means the state where the child is
living.
(3) "State" means a state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, the Commonwealth of the Northern Mariana
Islands, or a territory or possession of or administered by the
United States. [1997 c 31 § 3.]
74.13.155
74.13.155 Interstate agreements for adoption of children with special needs—Authorization. The department
is authorized to develop, participate in the development of,
negotiate, and enter into one or more interstate compacts on
behalf of this state with other states to implement one or more
of the purposes set forth in RCW 74.13.152 through
74.13.159. When entered into, and for so long as it remains in
force, such a compact has the force and effect of law. [1997
c 31 § 4.]
74.13.156
74.13.156 Interstate agreements for adoption of children with special needs—Required provisions. A compact
entered into pursuant to the authority conferred by RCW
74.13.152 through 74.13.159 must have the following content:
(1) A provision making it available for joinder by all
states;
(2) A provision for withdrawal from the compact upon
written notice to the parties, but with a period of one year
between the date of the notice and the effective date of the
withdrawal;
(3) A requirement that the protections afforded by or
pursuant to the compact continue in force for the duration of
the adoption assistance and be applicable to all children and
their adoptive parents who, on the effective date of the withdrawal, are receiving adoption assistance from a party state
other than the one in which they are resident and have their
principal place of abode;
(4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption
assistance agreement that is (a) in writing between the adoptive parents and the state child welfare agency of the state that
undertakes to provide the adoption assistance, and (b)
expressly for the benefit of the adopted child and enforceable
by the adoptive parents and the state agency providing the
adoption assistance; and
(5) Such other provisions as are appropriate to implement the proper administration of the compact. [1997 c 31 §
5.]
74.13.157
74.13.157 Interstate agreements for adoption of children with special needs—Additional provisions. A compact entered into pursuant to the authority conferred by RCW
74.13.152 through 74.13.159 may contain provisions in addition to those required under RCW 74.13.156, as follows:
(1) Provisions establishing procedures and entitlement to
medical and other necessary social services for the child in
(2004 Ed.)
Child Welfare Services
accordance with applicable laws, even though the child and
the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part
or all of the costs of the services; and
(2) Such other provisions as are appropriate or incidental
to the proper administration of the compact. [1997 c 31 § 6.]
74.13.158
74.13.158 Interstate agreements for adoption of children with special needs—Medical assistance for children
residing in this state—Penalty for fraudulent claims. (1)
A child with special needs who resides in this state and is the
subject of an adoption assistance agreement with another
state is entitled to receive a medical assistance identification
card from this state upon the filing with the department of a
certified copy of the adoption assistance agreement obtained
from the adoption assistance state. In accordance with regulations of the medical assistance administration, the adoptive
parents are required at least annually to show that the agreement is still in force or has been renewed.
(2) The medical assistance administration shall consider
the holder of a medical assistance identification under this
section as any other holder of a medical assistance identification under the laws of this state and shall process and make
payment on claims in the same manner and under the same
conditions and procedures as for other recipients of medical
assistance.
(3) The medical assistance administration shall provide
coverage and benefits for a child who is in another state and
is covered by an adoption assistance agreement made by the
department for the coverage or benefits, if any, not provided
by the residence state. Adoptive parents acting for the child
may submit evidence of payment for services or benefit
amounts not payable in the residence state for reimbursement. No reimbursement may be made for services or benefit
amounts covered under any insurance or other third party
medical contract or arrangement held by the child or the
adoptive parents. The department shall adopt rules implementing this subsection. The additional coverage and benefit
amounts provided under this subsection must be for services
to the cost of which there is no federal contribution, or which,
if federally aided, are not provided by the residence state. The
rules must include procedures to be followed in obtaining
prior approval for services if required for the assistance.
(4) The submission of any claim for payment or reimbursement for services or benefits under this section or the
making of any statement that the person knows or should
know to be false, misleading, or fraudulent is punishable as
perjury under chapter 9A.72 RCW.
(5) This section applies only to medical assistance for
children under adoption assistance agreements from states
that have entered into a compact with this state under which
the other state provided medical assistance to children with
special needs under adoption assistance agreements made by
this state. All other children entitled to medical assistance
under an adoption assistance agreement entered into by this
state are eligible to receive assistance in accordance with the
applicable laws and procedures. [1997 c 31 § 7.]
74.13.220
cal assistance in state plan. Consistent with federal law, the
department, in connection with the administration of RCW
74.13.152 through 74.13.158 and any pursuant compact shall
include in any state plan made pursuant to the adoption assistance and child welfare act of 1980 (P.L. 96-272), Titles
IV(e) and XIX of the social security act, and any other applicable federal laws, the provision of adoption assistance and
medical assistance for which the federal government pays
some or all of the cost. The department shall apply for and
administer all relevant federal aid in accordance with law.
[1997 c 31 § 8.]
74.13.165 Home studies for adoption—Purchase of
services from nonprofit agencies. The secretary or the secretary's designee may purchase services from nonprofit agencies for the purpose of conducting home studies for legally
free children who have been awaiting adoption finalization
for more than ninety days. The home studies selected to be
done under this section shall be for the children who have
been legally free and awaiting adoption finalization the longest period of time. [1997 c 272 § 4.]
74.13.165
Reviser's note: 1997 c 272 directed that this section be added to chapter 43.20A RCW. Since this placement appears inappropriate, this section
has been codified as part of chapter 74.13 RCW.
Effective date—1997 c 272: See note following RCW 74.13.031.
74.13.170 Therapeutic family home program for
youth in custody under chapter 13.34 RCW. The department of social and health services may implement a therapeutic family home program for up to fifteen youth in the custody of the department under chapter 13.34 RCW. The program shall strive to develop and maintain a mutually
reinforcing relationship between the youth and the therapeutic staff associated with the program. [1991 c 326 § 2.]
74.13.170
Part headings not law—Severability—1991 c 326: See RCW
71.36.900 and 71.36.901.
74.13.200 Demonstration project for protection,
care, and treatment of children at-risk of abuse or
neglect. The department of social and health services shall
conduct a two-year demonstration project for the purpose of
contracting with an existing day care center to provide for the
protection, care, and treatment of children who are at risk of
being abused or neglected. The children who shall be served
by this project shall range in age from birth to twenty-four
months. The client population served shall not exceed thirty
children at any one time. [1979 ex.s. c 248 § 1.]
74.13.200
74.13.210 Project day care center—Definition. For
the purposes of RCW 74.13.200 through 74.13.230 "day care
center" means an agency, other than a residence, which regularly provides care for children for any part of the twenty-four
hour day. No day care center shall be located in a private family residence unless that portion of the residence to which the
children have access is used exclusively for the children during the hours the center is in operation or is separate from the
usual living quarters of the family. [1979 ex.s. c 248 § 2.]
74.13.210
74.13.220 Project services. The services provided
through this project shall include:
(1) Transportation to and from the child's home;
74.13.220
74.13.159
74.13.159 Interstate agreements for adoption of children with special needs—Adoption assistance and medi(2004 Ed.)
[Title 74 RCW—page 65]
74.13.230
Title 74 RCW: Public Assistance
(2) Daily monitoring of the child's physical and emotional condition;
(3) Developmentally oriented programs designed to
meet the unique needs of each child in order to overcome the
effects of parental abuse or neglect;
(4) Family counseling and treatment; and
(5) Evaluation by the department of social and health
services assessing the efficiency and effectiveness of day
care centers operated under the project. [1979 ex.s. c 248 §
3.]
74.13.260
74.13.260 On-site monitoring program. Regular onsite monitoring of foster homes to assure quality care
improves care provided to children in family foster care. An
on-site monitoring program shall be established by the
department to assure quality care and regularly identify problem areas. Monitoring shall be done by the department on a
random sample basis of no less than ten percent of the total
licensed family foster homes licensed by the department on
July 1 of each year. [1998 c 245 § 148; 1990 c 284 § 4.]
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
74.13.230
74.13.230 Project shall utilize community services.
The department of social and health services shall utilize
existing community services and promote cooperation
between the services in implementing the intent of RCW
74.13.200 through 74.13.230. [1979 ex.s. c 248 § 4.]
FOSTER CARE
74.13.250
74.13.250 Preservice training. (1) Preservice training
is recognized as a valuable tool to reduce placement disruptions, the length of time children are in care, and foster parent
turnover rates. Preservice training also assists potential foster
parents in making their final decisions about foster parenting
and assists social service agencies in obtaining information
about whether to approve potential foster parents.
(2) Foster parent preservice training shall include information about the potential impact of placement on foster children; social service agency administrative processes; the
requirements, responsibilities, expectations, and skills
needed to be a foster parent; attachment, separation, and loss
issues faced by birth parents, foster children, and foster parents; child management and discipline; birth family relationships; and helping children leave foster care. Preservice training shall assist applicants in making informed decisions
about whether they want to be foster parents. Preservice
training shall be designed to enable the agency to assess the
ability, readiness, and appropriateness of families to be foster
parents. As a decision tool, effective preservice training provides potential foster parents with enough information to
make an appropriate decision, affords potential foster parents
an opportunity to discuss their decision with others and consider its implications for their family, clarifies foster family
expectations, presents a realistic picture of what foster
parenting involves, and allows potential foster parents to consider and explore the different types of children they might
serve.
(3) Preservice training shall be completed prior to the
issuance of a foster care license, except that the department
may, on a case by case basis, issue a written waiver that
allows the foster parent to complete the training after licensure, so long as the training is completed within ninety days
following licensure. [1990 c 284 § 2.]
Finding—1990 c 284: "The legislature finds that the foster care system
plays an important role in preserving families and giving consistent and nurturing care to children placed in its care. The legislature further finds that
foster parents play an integral and important role in the system and particularly in the child's chances for the earliest possible reunification with his or
her family." [1990 c 284 § 1.]
Effective date—1990 c 284: "This act shall take effect July 1, 1990,
however the secretary may immediately take any steps necessary to ensure
implementation of section 17 of this act on July 1, 1990." [1990 c 284 § 27.]
[Title 74 RCW—page 66]
74.13.270
74.13.270 Respite care. The legislature recognizes the
need for temporary short-term relief for foster parents who
care for children with emotional, mental, or physical handicaps. For purposes of this section, respite care means appropriate, temporary, short-term care for these foster children
placed with licensed foster parents. The purpose of this care
is to give the foster parents temporary relief from the stresses
associated with the care of these foster children. The department shall design a program of respite care that will minimize
disruptions to the child and will serve foster parents within
these priorities, based on input from foster parents, foster parent associations, and reliable research if available. [1990 c
284 § 8.]
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
74.13.280
74.13.280 Client information. (1) Except as provided
in RCW 70.24.105, whenever a child is placed in out-ofhome care by the department or a child-placing agency, the
department or agency shall share information about the child
and the child's family with the care provider and shall consult
with the care provider regarding the child's case plan. If the
child is dependent pursuant to a proceeding under chapter
13.34 RCW, the department or agency shall keep the care
provider informed regarding the dates and location of dependency review and permanency planning hearings pertaining
to the child.
(2) Any person who receives information about a child
or a child's family pursuant to this section shall keep the
information confidential and shall not further disclose or disseminate the information except as authorized by law.
(3) Nothing in this section shall be construed to limit the
authority of the department or child-placing agencies to disclose client information or to maintain client confidentiality
as provided by law. [2001 c 318 § 3; 1997 c 272 § 7; 1995 c
311 § 21; 1991 c 340 § 4; 1990 c 284 § 10.]
Effective date—1997 c 272: See note following RCW 74.13.031.
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
74.13.285
74.13.285 Passports—Information to be provided to
foster parents. (1) Within available resources, the department shall prepare a passport containing all known and available information concerning the mental, physical, health, and
educational status of the child for any child who has been in
a foster home for ninety consecutive days or more. The passport shall contain education records obtained pursuant to
RCW 28A.150.510. The passport shall be provided to a foster
parent at any placement of a child covered by this section.
(2004 Ed.)
Child Welfare Services
The department shall update the passport during the regularly
scheduled court reviews required under chapter 13.34 RCW.
New placements after July 1, 1997, shall have first priority in the preparation of passports. Within available
resources, the department may prepare passports for any
child in a foster home on July 1, 1997, provided that no time
spent in a foster home before July 1, 1997, shall be included
in the computation of the ninety days.
(2) In addition to the requirements of subsection (1) of
this section, the department shall, within available resources,
notify a foster parent before placement of a child of any
known health conditions that pose a serious threat to the child
and any known behavioral history that presents a serious risk
of harm to the child or others.
(3) The department shall hold harmless the provider for
any unauthorized disclosures caused by the department.
[2000 c 88 § 2; 1997 c 272 § 5.]
Effective date—1997 c 272: See note following RCW 74.13.031.
74.13.287
74.13.287 Intent—Infant, foster family health. The
legislature intends to establish a policy with the goal of ensuring that the health and well-being of both infants in foster
care and the families providing for their care are protected.
[2004 c 40 § 1.]
74.13.288
74.13.288 Blood-borne pathogens—Testing—
Report. (1) The department of health shall develop recommendations concerning evidence-based practices for testing
for blood-borne pathogens of children under one year of age
who have been placed in out-of-home care and shall identify
the specific pathogens for which testing is recommended.
(2) The department shall report to the appropriate committees of the legislature on the recommendations developed
in accordance with subsection (1) of this section by January
1, 2005. [2004 c 40 § 2.]
74.13.289
74.13.289 Blood-borne pathogens—Client information—Training. (1) Upon any placement, the department of
social and health services shall inform each out-of-home care
provider if the child to be placed in that provider's care is
infected with a blood-borne pathogen, and shall identify the
specific blood-borne pathogen for which the child was tested
if known by the department.
(2) All out-of-home care providers licensed by the
department shall receive training related to blood-borne
pathogens, including prevention, transmission, infection control, treatment, testing, and confidentiality.
(3) Any disclosure of information related to HIV must be
in accordance with RCW 70.24.105.
(4) The department of health shall identify by rule the
term "blood-borne pathogen" as used in this section. [2004 c
40 § 3.]
74.13.290
74.13.290 Fewest possible placements for children.
To provide stability to children in out-of-home care, placement selection shall be made with a view toward the fewest
possible placements for each child. If possible, the initial
placement shall be viewed as the only placement for the
child. The use of short-term interim placements of thirty days
or less to protect the child's health or safety while the place(2004 Ed.)
74.13.315
ment of choice is being arranged is not a violation of this
principle. [1990 c 284 § 11.]
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
74.13.300
74.13.300 Notification of proposed placement
changes. (1) Whenever a child has been placed in a foster
family home by the department or a child-placing agency and
the child has thereafter resided in the home for at least ninety
consecutive days, the department or child-placing agency
shall notify the foster family at least five days prior to moving
the child to another placement, unless:
(a) A court order has been entered requiring an immediate change in placement;
(b) The child is being returned home;
(c) The child's safety is in jeopardy; or
(d) The child is residing in a receiving home or a group
home.
(2) If the child has resided in a foster family home for
less than ninety days or if, due to one or more of the circumstances in subsection (1) of this section, it is not possible to
give five days' notification, the department or child-placing
agency shall notify the foster family of proposed placement
changes as soon as reasonably possible.
(3) This section is intended solely to assist in minimizing
disruption to the child in changing foster care placements.
Nothing in this section shall be construed to require that a
court hearing be held prior to changing a child's foster care
placement nor to create any substantive custody rights in the
foster parents. [1990 c 284 § 12.]
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
74.13.310
74.13.310 Foster parent training. Adequate foster
parent training has been identified as directly associated with
increasing the length of time foster parents are willing to provide foster care and reducing the number of placement disruptions for children. Placement disruptions can be harmful
to children by denying them consistent and nurturing support.
Foster parents have expressed the desire to receive training in
addition to the foster parent SCOPE training currently
offered. Foster parents who care for more demanding children, such as children with severe emotional, mental, or
physical handicaps, would especially benefit from additional
training. The department shall develop additional training for
foster parents that focuses on skills to assist foster parents in
caring for emotionally, mentally, or physically handicapped
children. [1990 c 284 § 13.]
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
74.13.315
74.13.315 Child care for foster parents attending
meetings or training. The department may provide child
care for all foster parents who are required to attend department-sponsored meetings or training sessions. If the department does not provide such child care, the department, where
feasible, shall conduct the activities covered by this section in
the foster parent's home or other location acceptable to the
foster parent. [1997 c 272 § 6.]
Effective date—1997 c 272: See note following RCW 74.13.031.
[Title 74 RCW—page 67]
74.13.320
Title 74 RCW: Public Assistance
74.13.320
74.13.320 Recruitment of foster homes and adoptive
homes for special needs children. The legislature finds that
during the fiscal years 1987 to 1989 the number of children in
foster care has risen by 14.3 percent. At the same time there
has been a 31 percent turnover rate in foster homes because
many foster parents have declined to continue to care for foster children. This situation has caused a dangerously critical
shortage of foster homes.
The department of social and health services shall
develop and implement a project to recruit more foster homes
and adoptive homes for special needs children by developing
a request for proposal to licensed private foster care, licensed
adoption agencies, and other organizations qualified to provide this service.
The project shall consist of one statewide administrator
of recruitment programs, and one or more licensed foster care
or adoption agency contracts in each of the six departmental
regions. These contracts shall enhance currently provided
services and may not replace services currently funded by the
agencies. No more than sixty thousand dollars may be spent
annually to fund the administrator position.
The agencies shall recruit foster care homes and adoptive
homes for children classified as special needs children under
chapter 74.08 RCW. The agencies shall utilize their own network of contacts and shall also develop programs similar to
those used effectively in other states. The department shall
expand the foster-adopt program statewide to encourage stable placements for foster children for whom permanent outof-home placement is a likelihood. The department shall
carefully consider existing programs to eliminate duplication
of services.
The department shall assist the private contractors by
providing printing services for informational brochures and
other necessary recruitment materials. No more than fifty
thousand dollars of the funds provided for this section may be
expended annually for recruitment materials. [1990 c 284 §
15.]
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
74.13.325
74.13.325 Foster care and adoptive home recruitment program. Within available resources, the department
shall increase the number of adoptive and foster families
available to accept children through an intensive recruitment
and retention program. The department shall contract with a
private agency to coordinate foster care and adoptive home
recruitment activities for the department and private agencies. [1997 c 272 § 3.]
Effective date—1997 c 272: See note following RCW 74.13.031.
74.13.330
74.13.330 Responsibilities of foster parents. Foster
parents are responsible for the protection, care, supervision,
and nurturing of the child in placement. As an integral part of
the foster care team, foster parents shall, if appropriate and
they desire to: Participate in the development of the service
plan for the child and the child's family; assist in family visitation, including monitoring; and model effective parenting
behavior for the natural family. [1990 c 284 § 23.]
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
[Title 74 RCW—page 68]
74.13.332
74.13.332 Rights of foster parents. Foster parents
have the right to be free of coercion, discrimination, and
reprisal in serving foster children, including the right to voice
grievances about treatment furnished or not furnished to the
foster child. [2001 c 318 § 1.]
74.13.333
74.13.333 Rights of foster parents—Complaints—
Report. A foster parent who believes that a department
employee has retaliated against the foster parent or in any
other manner discriminated against the foster parent because:
(1) The foster parent made a complaint with the office of
the family and children's ombudsman, the attorney general,
law enforcement agencies, or the department, provided information, or otherwise cooperated with the investigation of
such a complaint;
(2) The foster parent has caused to be instituted any proceedings under or related to Title 13 RCW;
(3) The foster parent has testified or is about to testify in
any proceedings under or related to Title 13 RCW;
(4) The foster parent has advocated for services on
behalf of the foster child;
(5) The foster parent has sought to adopt a foster child in
the foster parent's care; or
(6) The foster parent has discussed or consulted with
anyone concerning the foster parent's rights under this chapter or chapter 74.15 or 13.34 RCW,
may file a complaint with the office of the family and children's ombudsman. The office of the family and children's
ombudsman shall include its recommendations regarding
complaints filed under this section in its annual report pursuant to RCW 43.06A.030. The office of the family and children's ombudsman shall identify trends which may indicate a
need to improve relations between the department and foster
parents. [2004 c 181 § 1.]
74.13.334
74.13.334 Department to respond to foster parents'
complaints. The department shall develop procedures for
responding to recommendations of the office of the family
and children's ombudsman as a result of any and all complaints filed by foster parents under RCW 74.13.333. [2004
c 181 § 2.]
74.13.335
74.13.335 Foster care—Reimbursement—Property
damage. Within available funds and subject to such conditions and limitations as may be established by the department
or by the legislature in the omnibus appropriations act, the
department of social and health services shall reimburse foster parents for property damaged or destroyed by foster children placed in their care. The department shall establish by
rule a maximum amount that may be reimbursed for each
occurrence. The department shall reimburse the foster parent
for the replacement value of any property covered by this section. If the damaged or destroyed property is covered and
reimbursed under an insurance policy, the department shall
reimburse foster parents for the amount of the deductible
associated with the insurance claim, up to the limit per occurrence as established by the department. [1999 c 338 § 2.]
Intent—1999 c 338: "The legislature recognizes that Washington state
is experiencing a significant shortage of quality foster homes and that the
majority of children entering the system are difficult to place due to their
(2004 Ed.)
Child Welfare Services
complex needs. The legislature intends to provide additional assistance to
those families willing to serve as foster parents." [1999 c 338 § 1.]
74.13.340
74.13.340 Foster parent liaison. Within available
resources, the department shall provide a foster parent liaison
position in each department region. The department shall
contract with a private nonprofit organization to provide the
foster parent liaison function. The foster parent liaison shall
enhance the working relationship between department case
workers and foster parents. The foster parent liaison shall
provide expedited assistance for the unique needs and
requirements posed by special needs foster children in out-ofhome care. Any contract entered into under this section for a
foster parent liaison shall include a requirement that the contractor substantially reduce the turnover rate of foster parents
in the region by an agreed upon percentage. The department
shall evaluate whether an organization that has a contract
under this section has reduced the turnover rate by the agreed
upon amount or more when determining whether to extend or
renew a contract under this section. [1997 c 272 § 2.]
Effective date—1997 c 272: See note following RCW 74.13.031.
74.13.350
74.13.350 Developmentally disabled children—Outof-home placement—Voluntary placement agreement. It
is the intent of the legislature that parents are responsible for
the care and support of children with developmental disabilities. The legislature recognizes that, because of the intense
support required to care for a child with developmental disabilities, the help of an out-of-home placement may be
needed. It is the intent of the legislature that, when the sole
reason for the out-of-home placement is the child's developmental disability, such services be offered by the department
to these children and their families through a voluntary placement agreement. In these cases, the parents shall retain legal
custody of the child.
As used in this section, "voluntary placement agreement" means a written agreement between the department
and a child's parent or legal guardian authorizing the department to place the child in a licensed facility. Under the terms
of this agreement, the parent or legal guardian shall retain
legal custody and the department shall be responsible for the
child's placement and care. The agreement shall at a minimum specify the legal status of the child and the rights and
obligations of the parent or legal guardian, the child, and the
department while the child is in placement. The agreement
must be signed by the child's parent or legal guardian and the
department to be in effect, except that an agreement regarding an Indian child shall not be valid unless executed in writing before the court and filed with the court as provided in
RCW 13.34.245. Any party to a voluntary placement agreement may terminate the agreement at any time. Upon termination of the agreement, the child shall be returned to the care
of the child's parent or legal guardian unless the child has
been taken into custody pursuant to RCW 13.34.050 or
26.44.050, placed in shelter care pursuant to RCW 13.34.060,
or placed in foster care pursuant to RCW 13.34.130.
As used in this section, "out-of-home placement" and
"out-of-home care" mean the placement of a child in a foster
family home or group care facility licensed under chapter
74.15 RCW.
(2004 Ed.)
74.13.500
Whenever the department places a child in out-of-home
care under a voluntary placement pursuant to this section, the
department shall have the responsibility for the child's placement and care. The department shall develop a permanency
plan of care for the child no later than sixty days from the date
that the department assumes responsibility for the child's
placement and care. Within the first one hundred eighty days
of the placement, the department shall obtain a judicial determination pursuant to RCW 13.04.030(1)(j) and 13.34.270
that the placement is in the best interests of the child. If the
child's out-of-home placement ends before one hundred
eighty days have elapsed, no judicial determination under
RCW 13.04.030(1)(b) is required. The permanency planning
hearings shall review whether the child's best interests are
served by continued out-of-home placement and determine
the future legal status of the child.
The department shall provide for periodic administrative
reviews as required by federal law. A review may be called
at any time by either the department, the parent, or the legal
guardian.
Nothing in this section shall prevent the department from
filing a dependency petition if there is reason to believe that
the child is a dependent child as defined in RCW 13.34.030.
The department shall adopt rules providing for the
implementation of chapter 386, Laws of 1997 and the transfer
of responsibility for out-of-home placements from the dependency process under chapter 13.34 RCW to the process under
this chapter.
It is the intent of the legislature that the department
undertake voluntary out-of-home placement in cases where
the child's developmental disability is such that the parent,
guardian, or legal custodian is unable to provide the necessary care for the child, and the parent, guardian, or legal custodian has determined that the child would benefit from
placement outside of the home. If the department does not
accept a voluntary placement agreement signed by the parent,
a petition may be filed and an action pursued under chapter
13.34 RCW. The department shall inform the parent, guardian, or legal custodian in writing of their right to civil action
under chapter 13.34 RCW.
Nothing in this section prohibits the department from
seeking support from parents of a child, including a child
with a developmental disability if the child has been placed
into care as a result of an action under chapter 13.34 RCW,
when state or federal funds are expended for the care and
maintenance of that child or when the department receives an
application for services from the physical custodian of the
child, unless the department finds that there is good cause not
to pursue collection of child support against the parent or parents. [2004 c 183 § 4; 1998 c 229 § 1; 1997 c 386 § 16.]
Effective date—2004 c 183: See note following RCW 13.34.160.
74.13.500
74.13.500 Disclosure of child welfare records—Factors—Exception. (1) Consistent with the provisions of
chapter 42.17 RCW and applicable federal law, the secretary,
or the secretary's designee, shall disclose information regarding the abuse or neglect of a child, the investigation of the
abuse, neglect, or near fatality of a child, and any services
related to the abuse or neglect of a child if any one of the following factors is present:
[Title 74 RCW—page 69]
74.13.505
Title 74 RCW: Public Assistance
(a) The subject of the report has been charged in an accusatory instrument with committing a crime related to a report
maintained by the department in its case and management
information system;
(b) The investigation of the abuse or neglect of the child
by the department or the provision of services by the department has been publicly disclosed in a report required to be
disclosed in the course of their official duties, by a law
enforcement agency or official, a prosecuting attorney, any
other state or local investigative agency or official, or by a
judge of the superior court;
(c) There has been a prior knowing, voluntary public disclosure by an individual concerning a report of child abuse or
neglect in which such individual is named as the subject of
the report; or
(d) The child named in the report has died and the child's
death resulted from abuse or neglect or the child was in the
care of, or receiving services from the department at the time
of death or within twelve months before death.
(2) The secretary is not required to disclose information
if the factors in subsection (1) of this section are present if he
or she specifically determines the disclosure is contrary to the
best interests of the child, the child's siblings, or other children in the household.
(3) Except for cases in subsection (1)(d) of this section,
requests for information under this section shall specifically
identify the case about which information is sought and the
facts that support a determination that one of the factors specified in subsection (1) of this section is present.
(4) For the purposes of this section, "near fatality" means
an act that, as certified by a physician, places the child in serious or critical condition. The secretary is under no obligation
to have an act certified by a physician in order to comply with
this section. [1999 c 339 § 1; 1997 c 305 § 2.]
Effective date—1999 c 339: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 1999]." [1999 c 339 § 2.]
Conflict with federal requirements—1997 c 305: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned. Rules
adopted under this act must meet federal requirements that are a necessary
condition to the receipt of federal funds by the state." [1997 c 305 § 8.]
74.13.505
74.13.505 Disclosure of child welfare records—Information to be disclosed. For purposes of RCW 74.13.500,
the following information shall be disclosable:
(1) The name of the abused or neglected child;
(2) The determination made by the department of the
referrals, if any, for abuse or neglect;
(3) Identification of child protective or other services
provided or actions, if any, taken regarding the child named
in the report and his or her family as a result of any such
report or reports. These records include but are not limited to
administrative reports of fatality, fatality review reports, case
files, inspection reports, and reports relating to social work
practice issues; and
(4) Any actions taken by the department in response to
reports of abuse or neglect of the child. [1997 c 305 § 3.]
[Title 74 RCW—page 70]
Conflict with federal requirements—1997 c 305: See note following
RCW 74.13.500.
74.13.510
74.13.510 Disclosure of child welfare records—Consideration of effects. In determining under RCW 74.13.500
whether disclosure will be contrary to the best interests of the
child, the secretary, or the secretary's designee, must consider
the effects which disclosure may have on efforts to reunite
and provide services to the family. [1997 c 305 § 4.]
Conflict with federal requirements—1997 c 305: See note following
RCW 74.13.500.
74.13.515
74.13.515 Disclosure of child welfare records—Fatalities. For purposes of RCW 74.13.500(1)(d), the secretary
must make the fullest possible disclosure consistent with
chapter 42.17 RCW and applicable federal law in cases of all
fatalities of children who were in the care of, or receiving services from, the department at the time of their death or within
the twelve months previous to their death.
If the secretary specifically determines that disclosure of
the name of the deceased child is contrary to the best interests
of the child's siblings or other children in the household, the
secretary may remove personally identifying information.
For the purposes of this section, "personally identifying
information" means the name, street address, social security
number, and day of birth of the child who died and of private
persons who are relatives of the child named in child welfare
records. "Personally identifying information" shall not
include the month or year of birth of the child who has died.
Once this personally identifying information is removed, the
remainder of the records pertaining to a child who has died
must be released regardless of whether the remaining facts in
the records are embarrassing to the unidentifiable other private parties or to identifiable public workers who handled the
case. [1997 c 305 § 5.]
Conflict with federal requirements—1997 c 305: See note following
RCW 74.13.500.
74.13.520
74.13.520 Disclosure of child welfare records—Information not to be disclosed. Except as it applies directly to
the cause of the abuse or neglect of the child and any actions
taken by the department in response to reports of abuse or
neglect of the child, nothing in RCW 74.13.500 through
74.13.515 is deemed to authorize the release or disclosure of
the substance or content of any psychological, psychiatric,
therapeutic, clinical, or medical reports, evaluations, or like
materials, or information pertaining to the child or the child's
family. [1997 c 305 § 6.]
Conflict with federal requirements—1997 c 305: See note following
RCW 74.13.500.
74.13.525
74.13.525 Disclosure of child welfare records—
Immunity from liability. The department, when acting in
good faith, is immune from any criminal or civil liability,
except as provided under RCW 42.17.340, for any action
taken under RCW 74.13.500 through 74.13.520. [1997 c 305
§ 7.]
Conflict with federal requirements—1997 c 305: See note following
RCW 74.13.500.
(2004 Ed.)
Child Welfare Services
74.13.530
74.13.530 Child placement—Conflict of interest. (1)
No child may be placed or remain in a specific out-of-home
placement under this chapter or chapter 13.34 RCW when
there is a conflict of interest on the part of any adult residing
in the home in which the child is to be or has been placed. A
conflict of interest exists when:
(a) There is an adult in the home who, as a result of: (i)
His or her employment; and (ii) an allegation of abuse or
neglect of the child, conducts or has conducted an investigation of the allegation; or
(b) The child has been, is, or is likely to be a witness in
any pending cause of action against any adult in the home
when the cause includes: (i) An allegation of abuse or
neglect against the child or any sibling of the child; or (ii) a
claim of damages resulting from wrongful interference with
the parent-child relationship of the child and his or her biological or adoptive parent.
(2) For purposes of this section, "investigation" means
the exercise of professional judgment in the review of allegations of abuse or neglect by: (a) Law enforcement personnel;
(b) persons employed by, or under contract with, the state; (c)
persons licensed to practice law and their employees; and (d)
mental health professionals as defined in chapter 71.05
RCW.
(3) The prohibition set forth in subsection (1) of this section may not be waived or deferred by the department under
any circumstance or at the request of any person, regardless
of who has made the request or the length of time of the
requested placement. [2001 c 318 § 4.]
74.13.540
74.13.540 Independent living services. Independent
living services include assistance in achieving basic educational requirements such as a GED, enrollment in vocational
and technical training programs offered at the community
and vocational colleges, and obtaining and maintaining
employment; and accomplishing basic life skills such as
money management, nutrition, preparing meals, and cleaning
house. A baseline skill level in ability to function productively and independently shall be determined at entry. Performance shall be measured and must demonstrate improvement
from involvement in the program. Each recipient shall have a
plan for achieving independent living skills by the time the
recipient reaches age twenty-one. The plan shall be written
within the first thirty days of placement and reviewed every
ninety days. A recipient who fails to consistently adhere to
the elements of the plan shall be subject to reassessment by
the professional staff of the program and may be declared
ineligible to receive services. [2001 c 192 § 2.]
74.13.550
74.13.550 Child placement—Policy of educational
continuity. It is the policy of the state of Washington that,
whenever practical and in the best interest of the child, children placed into foster care shall remain enrolled in the
schools they were attending at the time they entered foster
care. [2003 c 112 § 2.]
Findings—Intent—2003 c 112: "The legislature finds that the educational attainment of children in foster care is significantly lower than that of
children not in foster care. The legislature finds that many factors influence
educational outcomes for children in foster care, including the disruption of
the educational process because of repeatedly changing schools.
The legislature recognizes the importance of educational stability for
foster children, and encourages the ongoing efforts of the department of
(2004 Ed.)
74.13.600
social and health services and the office of the superintendent of public
instruction to improve educational attainment of children in foster care. It is
the intent of the legislature that efforts continue such as the recruitment of
foster homes in school districts with high rates of foster care placements, the
development and dissemination of informational materials regarding the
challenges faced by children in foster care, and the expansion to other school
districts of best practices identified in pilot projects." [2003 c 112 § 1.]
74.13.560
74.13.560 Educational continuity—Protocol development. The administrative regions of the department shall
develop protocols with the respective school districts in their
regions specifying specific strategies for communication,
coordination, and collaboration regarding the status and
progress of foster children placed in the region, in order to
maximize the educational continuity and achievement for
foster children. The protocols shall include methods to
assure effective sharing of information consistent with RCW
28A.225.330. [2003 c 112 § 3.]
Findings—Intent—2003 c 112: See note following RCW 74.13.550.
74.13.570
74.13.570 Oversight committee—Duties. (1) The
department shall establish an oversight committee composed
of staff from the children's administration of the department,
the office of the superintendent of public instruction, and
advocacy agencies to develop strategies for maintaining foster children in the schools they were attending at the time
they entered foster care.
(2) The duties of the oversight committee shall include,
but are not limited to:
(a) Developing strategies for school-based recruitment
of foster homes;
(b) Monitoring the progress of current pilot projects that
assist foster children to continue attending the schools they
were attending at the time they entered foster care;
(c) Overseeing the expansion of the number of pilot
projects;
(d) Promoting the use of best practices, throughout the
state, demonstrated by the pilot projects and other programs
relating to maintaining foster children in the schools they
were attending at the time they entered foster care; and
(e) Informing the legislature of the status of efforts to
maintain foster children in the schools they were attending at
the time they entered foster care. [2003 c 112 § 4.]
Findings—Intent—2003 c 112: See note following RCW 74.13.550.
74.13.580
74.13.580 Educational stability during shelter care
hearing—Protocol development. The department shall
work with the administrative office of the courts to develop
protocols to ensure that educational stability is addressed during the shelter care hearing. [2003 c 112 § 5.]
Findings—Intent—2003 c 112: See note following RCW 74.13.550.
74.13.590
74.13.590 Tasks to be performed based on available
resources. The department shall perform the tasks provided
in RCW 74.13.550 through 74.13.580 based on available
resources. [2003 c 112 § 6.]
Findings—Intent—2003 c 112: See note following RCW 74.13.550.
74.13.600
74.13.600 Kinship caregivers—Definition—Placement of children with kin a priority—Strategies. (1) For
the purposes of this section, "kin" means persons eighteen
[Title 74 RCW—page 71]
74.13.610
Title 74 RCW: Public Assistance
years of age or older to whom the child is related by blood,
adoption, or marriage, including marriages that have been
dissolved, and means: (a) Any person denoted by the prefix
"grand" or "great"; (b) sibling, whether full, half, or step; (c)
uncle or aunt; (d) nephew or niece; or (e) first cousin.
(2) The department shall plan, design, and implement
strategies to prioritize the placement of children with willing
and able kin when out-of-home placement is required.
These strategies must include at least the following:
(a) Development of standardized, statewide procedures
to be used when searching for kin of children prior to out-ofhome placement. The procedures must include a requirement
that documentation be maintained in the child's case record
that identifies kin, and documentation that identifies the
assessment criteria and procedures that were followed during
all kin searches. The procedures must be used when a child
is placed in out-of-home care under authority of chapter
13.34 RCW, when a petition is filed under RCW 13.32A.140,
or when a child is placed under a voluntary placement agreement. To assist with implementation of the procedures, the
department shall request that the juvenile court require parents to disclose to the department all contact information for
available and appropriate kin within two weeks of an entered
order. For placements under signed voluntary agreements,
the department shall encourage the parents to disclose to the
department all contact information for available and appropriate kin within two weeks of the date the parent signs the
voluntary placement agreement.
(b) Development of procedures for conducting active
outreach efforts to identify and locate kin during all searches.
The procedures must include at least the following elements:
(i) Reasonable efforts to interview known kin, friends,
teachers, and other identified community members who may
have knowledge of the child's kin, within sixty days of the
child entering out-of-home care;
(ii) Increased use of those procedures determined by
research to be the most effective methods of promoting reunification efforts, permanency planning, and placement decisions;
(iii) Contacts with kin identified through outreach efforts
and interviews under this subsection as part of permanency
planning activities and change of placement discussions;
(iv) Establishment of a process for ongoing contact with
kin who express interest in being considered as a placement
resource for the child; and
(v) A requirement that when the decision is made to not
place the child with any kin, the department provides documentation as part of the child's individual service and safety
plan that clearly identifies the rationale for the decision and
corrective action or actions the kin must take to be considered
as a viable placement option.
(3) Nothing in this section shall be construed to create an
entitlement to services or to create judicial authority to order
the provision of services to any person or family if the services are unavailable or unsuitable or the child or family is
not eligible for such services. [2003 c 284 § 1.]
74.13.610 Kinship caregivers—Grant proposal—
Pilot projects. (Expires January 1, 2007.) (1) The department of social and health services shall collaborate with one
or more nonprofit community-based agencies to develop a
74.13.610
[Title 74 RCW—page 72]
grant proposal for submission to potential funding sources,
including governmental entities and private foundations, to
establish a minimum of two pilot projects to assist kinship
caregivers with understanding and navigating the system of
services for children in out-of-home care. The proposal must
seek to establish at least one project in eastern Washington
and one project in western Washington, each project to be
managed by a participating community-based agency.
(2) The kinship care navigators funded through the proposal shall be responsible for at least the following:
(a) Understanding the various state agency systems serving kinship caregivers;
(b) Working in partnership with local community service
providers;
(c) Tracking trends, concerns, and other factors related to
kinship caregivers; and
(d) Assisting in establishing stable, respectful relationships between kinship caregivers and department staff.
(3) Implementation of the kinship care navigator pilot
projects is contingent upon receipt of nonstate or private
funding for that purpose.
(4) For the purposes of this section, "kinship" has the
same meaning as "kin" given in RCW 74.13.600(1).
(5) This section expires January 1, 2007. [2003 c 284 §
2.]
74.13.620 Kinship care oversight committee—
Duties—Report. (Expires January 1, 2005.) (1) Within
existing resources, the department shall establish an oversight committee to monitor, guide, and report on kinship care
recommendations and implementation activities. The committee shall:
(a) Draft a kinship care definition that is restricted to persons related by blood or marriage, including marriages that
have been dissolved, or for a minor defined as an "Indian
child" under the federal Indian child welfare act (25 U.S.C.
Sec. 1901 et seq.), the definition of "extended family member" under the federal Indian child welfare act, and a set of
principles. If the committee concludes that one or more program[s] or service[s] would be more efficiently and effectively delivered under a different definition of kin, it shall
state what definition is needed, and identify the program or
service in the report. It shall also provide evidence of how
the program or service will be more efficiently and effectively delivered under the different definition. The department shall not adopt rules or policies changing the definition
of kin without authorizing legislation;
(b) Monitor the implementation of recommendations
contained in the 2002 kinship care report;
(c) Partner with nonprofit organizations and private sector businesses to guide a public education awareness campaign; and
(d) Assist with developing future recommendations on
kinship care issues.
(2) The oversight committee must consist of a minimum
of thirty percent kinship caregivers, who shall represent a
diversity of kinship families. Statewide representation with
geographic, ethnic, and gender diversity is required. Other
members shall include representatives of the department, representatives of relevant state agencies, representatives of the
private nonprofit and business sectors, child advocates, repre74.13.620
(2004 Ed.)
Children and Family Services
sentatives of Washington state Indian tribes as defined under
the federal Indian welfare act (25 U.S.C. Sec. 1901 et seq.),
and representatives of the legal or judicial field. Birth parents, foster parents, and others who have an interest in these
issues may also be included.
(3) To the extent funding is available, the department
may reimburse nondepartmental members of the oversight
committee for costs incurred in participating in the meetings
of the oversight committee.
(4) The kinship care oversight committee shall report to
the legislature and the governor on the status of kinship care
issues by December 1, 2004.
(5) This section expires January 1, 2005. [2003 c 284 §
4.]
74.13.630
74.13.630 Family decision meetings. (1) By January 1,
2005, the department shall:
(a) Consider options for the use of family decision meetings in cases in which a child is involved in the child welfare
system;
(b) Develop strategies for implementing a policy of
meaningful family involvement throughout the state within
existing resources; and
(c) Present implementation recommendations to the
appropriate committees of the legislature regarding (a) and
(b) of this subsection.
(2) For the purposes of this section, "family decision
meeting" means a family-focused intervention facilitated by
dedicated professional staff that is designed to build and
strengthen the natural caregiving system for the child. Family decision meetings may include, but are not limited to,
family group conferences, family mediation, family support
meetings, or other professionally recognized interventions
that include extended family and rely upon the family to
make shared decisions about planning for its children. The
purpose of the family decision meeting is to establish a plan
that provides for the safety and permanency needs of the
child. [2004 c 182 § 2.]
Finding—Intent—2004 c 182: "(1) The legislature finds that engaging
families in decision making when their children are involved in the child
welfare system generally improves the outcomes for children. By involving
families in the decision-making process, it is anticipated that the number of
out-of-home placements can be reduced, as well as the incidence of behavioral, physical, and mental health problems for individual children. For
those children in out-of-home placements, the number of placements for
individual children, the likelihood of placing individual children with siblings, and successful reunifications are expected to improve as a result of
family engagement. Based on the experience in the state where families
have been engaged in decision making, these improved outcomes will result
in cost savings to the state as fewer and less costly services and supports for
children and families are needed.
(2) It is the intent of the legislature to encourage and support meaningful family involvement in the decision making related to planning for children involved in the child welfare system, in those instances where family is
available and family involvement is in the best interest of the child." [2004
c 182 § 1.]
74.13.640
74.13.640 Child fatality review—Report. (1) The
department of social and health services shall conduct a child
fatality review in the event of an unexpected death of a minor
in the state who is in the care of or receiving services
described in chapter 74.13 RCW from the department or who
has been in the care of or received services described in chap(2004 Ed.)
74.14A.020
ter 74.13 RCW from the department within one year preceding the minor's death.
(2) Upon conclusion of a child fatality review required
pursuant to subsection (1) of this section, the department
shall issue a report on the results of the review to the appropriate committees of the legislature and shall make copies of
the report available to the public upon request.
(3) The department shall develop and implement procedures to carry out the requirements of subsections (1) and (2)
of this section. [2004 c 36 § 1.]
74.13.900
74.13.900 Severability—1965 c 30. If any provision of
this chapter, or its application to any person or circumstance
is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not
affected. [1965 c 30 § 6.]
Chapter 74.14A
Chapter 74.14A RCW
CHILDREN AND FAMILY SERVICES
Sections
74.14A.010 Legislative declaration.
74.14A.020 Services for emotionally disturbed and mentally ill children,
potentially dependent children, and families-in-conflict.
74.14A.025 Services for emotionally disturbed and mentally ill children,
potentially dependent children, and families-in-conflict—
Policy updated.
74.14A.030 Treatment of juvenile offenders—Nonresidential communitybased programs.
74.14A.040 Treatment of juvenile offenders—Involvement of family unit.
74.14A.050 Identification of children in a state-assisted support system—
Program development for long-term care—Foster care caseload—Emancipation of minors study.
74.14A.060 Blended funding projects—Department to make annual
reports.
74.14A.900 Short title—1983 c 192.
74.14A.901 Severability—1983 c 192.
Shaken baby syndrome: RCW 43.121.140.
74.14A.010
74.14A.010 Legislative declaration. The legislature
reaffirms its declarations under RCW 13.34.020 that the family unit is the fundamental resource of American life which
should be nurtured and that the family unit should remain
intact in the absence of compelling evidence to the contrary.
The legislature declares that the goal of serving emotionally
disturbed and mentally ill children, potentially dependent
children, and families-in-conflict in their own homes to avoid
out-of-home placement of the child, when that form of care is
premature, unnecessary, or inappropriate, is a high priority of
this state. [1983 c 192 § 1.]
74.14A.020
74.14A.020 Services for emotionally disturbed and
mentally ill children, potentially dependent children, and
families-in-conflict. State efforts shall address the needs of
children and their families, including emotionally disturbed
and mentally ill children, potentially dependent children, and
families-in-conflict by:
(1) Serving children and families as a unit in the least
restrictive setting available and in close proximity to the family home, consistent with the best interests and special needs
of the child;
(2) Ensuring that appropriate social and health services
are provided to the family unit both prior to and during the
[Title 74 RCW—page 73]
74.14A.025
Title 74 RCW: Public Assistance
removal of a child from the home and after family reunification;
(3) Ensuring that the safety and best interests of the child
are the paramount considerations when making placement
and service delivery decisions;
(4) Recognizing the interdependent and changing nature
of families and communities, building upon their inherent
strengths, maintaining their dignity and respect, and tailoring
programs to their specific circumstances;
(5) Developing and implementing comprehensive, preventive, and early intervention social and health services
which have demonstrated the ability to delay or reduce the
need for out-of-home placements and ameliorate problems
before they become chronic or severe;
(6) Authorizing and facilitating blended funding for children who require services and residential treatment from
multiple services systems; including child welfare services,
mental health, alcohol and drug, and juvenile rehabilitation;
(7) Being sensitive to the family and community culture,
norms, values, and expectations, ensuring that all services are
provided in a culturally appropriate and relevant manner, and
ensuring participation of racial and ethnic minorities at all
levels of planning, delivery, and evaluation efforts;
(8)(a) Developing coordinated social and health services
which:
(i) Identify problems experienced by children and their
families early and provide services which are adequate in
availability, appropriate to the situation, and effective;
(ii) Seek to bring about meaningful change before family
situations become irreversibly destructive and before disturbed psychological behavioral patterns and health problems
become severe or permanent;
(iii) Serve children and families in their own homes thus
preventing unnecessary out-of-home placement or institutionalization;
(iv) Focus resources on social and health problems as
they begin to manifest themselves rather than waiting for
chronic and severe patterns of illness, criminality, and dependency to develop which require long-term treatment, maintenance, or custody;
(v) Reduce duplication of and gaps in service delivery;
(vi) Improve planning, budgeting, and communication
among all units of the department and among all agencies that
serve children and families; and
(vii) Utilize outcome standards for measuring the effectiveness of social and health services for children and families.
(b) In developing services under this subsection, local
communities must be involved in planning and developing
community networks that are tailored to their unique needs.
[2000 c 219 § 1; 1994 sp.s. c 7 § 102; 1983 c 192 § 2.]
Severability—2000 c 219: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2000 c 219 § 3.]
Effective date—2000 c 219: "This act takes effect July 1, 2000." [2000
c 219 § 4.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1983 c 192: "Sections 2 through 4 of this act shall take
effect January 1, 1984." [1983 c 192 § 8.]
[Title 74 RCW—page 74]
74.14A.025
74.14A.025 Services for emotionally disturbed and
mentally ill children, potentially dependent children, and
families-in-conflict—Policy updated. To update, specify,
and expand the policy stated in RCW 74.14A.020, the following is declared:
It is the policy of the state of Washington to promote:
(1) Family-oriented services and supports that:
(a) Respond to the changing nature of families; and
(b) Respond to what individuals and families say they
need, and meet those needs in a way that maintains their dignity and respects their choices;
(2) Culturally relevant services and supports that:
(a) Explicitly recognize the culture and beliefs of each
family and use these as resources on behalf of the family;
(b) Provide equal access to culturally unique communities in planning and programs, and day-to-day work, and
actively address instances where clearly disproportionate
needs exist; and
(c) Enhance every culture's ability to achieve self-sufficiency and contribute in a productive way to the larger community;
(3) Coordinated services that:
(a) Develop strategies and skills for collaborative planning, problem solving, and service delivery;
(b) Encourage coordination and innovation by providing
both formal and informal ways for people to communicate
and collaborate in planning and programs;
(c) Allow clients, vendors, community people, and other
agencies to creatively provide the most effective, responsive,
and flexible services; and
(d) Commit to an open exchange of skills and information; and expect people throughout the system to treat each
other with respect, dignity, and understanding;
(4) Locally planned services and supports that:
(a) Operate on the belief that each community has special characteristics, needs, and strengths;
(b) Include a cross-section of local community partners
from the public and private sectors, in the planning and delivery of services and supports; and
(c) Support these partners in addressing the needs of
their communities through both short-range and long-range
planning and in establishing priorities within state and federal
standards;
(5) Community-based prevention that encourages and
supports state residents to create positive conditions in their
communities to promote the well-being of families and
reduce crises and the need for future services;
(6) Outcome-based services and supports that:
(a) Include a fair and realistic system for measuring both
short-range and long-range progress and determining
whether efforts make a difference;
(b) Use outcomes and indicators that reflect the goals
that communities establish for themselves and their children;
(c) Work towards these goals and outcomes at all staff
levels and in every agency; and
(d) Provide a mechanism for informing the development
of program policies;
(7) Customer service that:
(a) Provides a climate that empowers staff to deliver
quality programs and services;
(2004 Ed.)
Children and Family Services
(b) Is provided by courteous, sensitive, and competent
professionals; and
(c) Upholds the dignity and respect of individuals and
families by providing appropriate staff recognition, information, training, skills, and support;
(8) Creativity that:
(a) Increases the flexibility of funding and programs to
promote innovation in planning, development, and provision
of quality services; and
(b) Simplifies and reduces or eliminates rules that are
barriers to coordination and quality services. [1992 c 198 §
2.]
Severability—Effective date—1992 c 198: See RCW 70.190.910 and
70.190.920.
Family policy council: Chapter 70.190 RCW.
74.14A.030
74.14A.030 Treatment of juvenile offenders—Nonresidential community-based programs. The department
shall address the needs of juvenile offenders whose standard
range sentences do not include commitment by developing
nonresidential community-based programs designed to
reduce the incidence of manifest injustice commitments
when consistent with public safety. [1983 c 192 § 3.]
Effective date—1983 c 192: See note following RCW 74.14A.020.
74.14A.040
74.14A.040 Treatment of juvenile offenders—
Involvement of family unit. The department shall involve a
juvenile offender's family as a unit in the treatment process.
The department need not involve the family as a unit in cases
when family ties have by necessity been irrevocably broken.
When the natural parents have been or will be replaced by a
foster family or guardian, the new family will be involved in
the treatment process. [1983 c 192 § 4.]
Effective date—1983 c 192: See note following RCW 74.14A.020.
74.14A.050
74.14A.050 Identification of children in a stateassisted support system—Program development for longterm care—Foster care caseload—Emancipation of
minors study. The secretary shall:
(1)(a) Consult with relevant qualified professionals to
develop a set of minimum guidelines to be used for identifying all children who are in a state-assisted support system,
whether at-home or out-of-home, who are likely to need
long-term care or assistance, because they face physical,
emotional, medical, mental, or other long-term challenges;
(b) The guidelines must, at a minimum, consider the following criteria for identifying children in need of long-term
care or assistance:
(i) Placement within the foster care system for two years
or more;
(ii) Multiple foster care placements;
(iii) Repeated unsuccessful efforts to be placed with a
permanent adoptive family;
(iv) Chronic behavioral or educational problems;
(v) Repetitive criminal acts or offenses;
(vi) Failure to comply with court-ordered disciplinary
actions and other imposed guidelines of behavior, including
drug and alcohol rehabilitation; and
(2004 Ed.)
74.14A.050
(vii) Chronic physical, emotional, medical, mental, or
other similar conditions necessitating long-term care or assistance;
(2) Develop programs that are necessary for the longterm care of children and youth that are identified for the purposes of this section. Programs must: (a) Effectively address
the educational, physical, emotional, mental, and medical
needs of children and youth; and (b) incorporate an array of
family support options, to individual needs and choices of the
child and family. The programs must be ready for implementation by January 1, 1995;
(3) Conduct an evaluation of all children currently within
the foster care agency caseload to identify those children who
meet the criteria set forth in this section. All children entering the foster care system must be evaluated for identification
of long-term needs within thirty days of placement;
(4) As a result of the passage of chapter 232, Laws of
2000, the department is conducting a pilot project to do a
comparative analysis of a variety of assessment instruments
to determine the most effective tools and methods for evaluation of children. The pilot project may extend through
August 31, 2001. The department shall report to the appropriate committees in the senate and house of representatives
by September 30, 2001, on the results of the pilot project.
The department shall select an assessment instrument that
can be implemented within available resources. The department shall complete statewide implementation by December
31, 2001. The department shall report to the appropriate
committees in the senate and house of representatives on how
the use of the selected assessment instrument has affected
department policies, by no later than December 31, 2002,
December 31, 2004, and December 31, 2006;
(5) Use the assessment tool developed pursuant to subsection (4) of this section in making out-of-home placement
decisions for children;
(6) Each region of the department shall make the appropriate number of referrals to the foster care assessment program to ensure that the services offered by the program are
used to the extent funded pursuant to the department's contract with the program. The department shall report to the
legislature by November 30, 2000, on the number of referrals, by region, to the foster care assessment program. If the
regions are not referring an adequate number of cases to the
program, the department shall include in its report an explanation of what action it is or has taken to ensure that the referrals are adequate;
(7) The department shall report to the legislature by
December 15, 2000, on how it will use the foster care assessment program model to assess children as they enter out-ofhome care;
(8) The department is to accomplish the tasks listed in
subsections (4) through (7) of this section within existing
resources;
(9) Study and develop a comprehensive plan for the evaluation and identification of all children and youth in need of
long-term care or assistance, including, but not limited to, the
mentally ill, developmentally disabled, medically fragile,
seriously emotionally or behaviorally disabled, and physically impaired;
(10) Study and develop a plan for the children and youth
in need of long-term care or assistance to ensure the coordi[Title 74 RCW—page 75]
74.14A.060
Title 74 RCW: Public Assistance
nation of services between the department's divisions and
between other state agencies who are involved with the child
or youth;
(11) Study and develop guidelines for transitional services, between long-term care programs, based on the person's age or mental, physical, emotional, or medical condition; and
(12) Study and develop a statutory proposal for the
emancipation of minors. [2003 c 207 § 9; 2001 c 255 § 1;
2000 c 232 § 1; 1998 c 245 § 149; 1993 c 508 § 7; 1993 c 505
§ 5.]
Section captions—Severability—Effective date—1993 c 508: See
RCW 74.39A.900 through 74.39A.903.
Emancipation of minors: Chapter 13.64 RCW.
74.14A.060
74.14A.060 Blended funding projects—Department
to make annual reports. The secretary of the department of
social and health services shall charge appropriated funds to
support blended funding projects for youth subject to any
current or future waiver the department receives to the
requirements of IV-E funding. To be eligible for blended
funding a child must be eligible for services designed to
address a behavioral, mental, emotional, or substance abuse
issue from the department of social and health services and
require services from more than one categorical service
delivery system. Before any blended funding project is established by the secretary, any entity or person proposing the
project shall seek input from the public health and safety network or networks established in the catchment area of the
project. The network or networks shall submit recommendations on the blended funding project to the family policy
council. The family policy council shall advise the secretary
whether to approve the proposed blended funding project.
The network shall review the proposed blended funding
project pursuant to its authority to examine the decategorization of program funds under RCW 70.190.110, within the
current appropriation level. The department shall document
the number of children who participate in blended funding
projects, the total blended funding amounts per child, the
amount charged to each appropriation by program, and services provided to each child through each blended funding
project and report this information to the appropriate committees of the legislature by December 1st of each year, beginning in December 1, 2000. [2000 c 219 § 2.]
Severability—Effective date—2000 c 219: See notes following RCW
74.14A.020.
74.14A.900
74.14A.900 Short title—1983 c 192. This act may be
known and cited as the "children and family services act."
[1983 c 192 § 6.]
Chapter 74.14B
Chapter 74.14B RCW
CHILDREN'S SERVICES
Sections
74.14B.010
74.14B.020
74.14B.030
74.14B.040
74.14B.050
74.14B.060
74.14B.070
74.14B.080
74.14B.900
74.14B.901
74.14B.902
Children's services workers—Hiring and training.
Foster parent training.
Child abuse and neglect—Multidisciplinary teams.
Child abuse and neglect—Therapeutic day care and treatment.
Child abuse and neglect—Counseling referrals.
Sexually abused children—Treatment services.
Child victims of sexual assault or sexual abuse—Early identification, treatment.
Liability insurance for foster parents.
Captions.
Severability—1987 c 503.
Effective date—1987 c 503.
Shaken baby syndrome: RCW 43.121.140.
74.14B.010
74.14B.010 Children's services workers—Hiring and
training. (1) Caseworkers employed in children services
shall meet minimum standards established by the department
of social and health services. Comprehensive training for
caseworkers shall be completed before such caseworkers are
assigned to case-carrying responsibilities without direct
supervision. Intermittent, part-time, and standby workers
shall be subject to the same minimum standards and training.
(2) On-going specialized training shall be provided for
persons responsible for investigating child sexual abuse.
Training participants shall have the opportunity to practice
interview skills and receive feedback from instructors.
(3) The department, the criminal justice training commission, the Washington association of sheriffs and police
chiefs, and the Washington association of prosecuting attorneys shall design and implement statewide training that contains consistent elements for persons engaged in the interviewing of children, including law enforcement, prosecution,
and child protective services.
(4) The training shall: (a) Be based on research-based
practices and standards; (b) minimize the trauma of all persons who are interviewed during abuse investigations; (c)
provide methods of reducing the number of investigative
interviews necessary whenever possible; (d) assure, to the
extent possible, that investigative interviews are thorough,
objective, and complete; (e) recognize needs of special populations, such as persons with developmental disabilities; (f)
recognize the nature and consequences of victimization; (g)
require investigative interviews to be conducted in a manner
most likely to permit the interviewed persons the maximum
emotional comfort under the circumstances; (h) address
record retention and retrieval; and (i) documentation of
investigative interviews. [1999 c 389 § 5; 1987 c 503 § 8.]
74.14B.020
74.14B.020 Foster parent training. The department
shall, within funds appropriated for this purpose, provide foster parent training as an ongoing part of the foster care program. The department shall contract for a variety of support
services to foster parents to reduce isolation and stress, and to
increase skills and confidence. [1987 c 503 § 11.]
74.14A.901
74.14A.901 Severability—1983 c 192. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 192 § 7.]
[Title 74 RCW—page 76]
74.14B.030 Child abuse and neglect—Multidisciplinary teams. The department shall establish and maintain
one or more multidisciplinary teams in each state region of
the division of children and family services. The team shall
consist of at least four persons, selected by the department,
74.14B.030
(2004 Ed.)
Children’s Services
from professions which provide services to abused and
neglected children and/or the parents of such children. The
teams shall be available for consultation on all cases where a
risk exists of serious harm to the child and where there is dispute over whether out-of-home placement is appropriate.
[1987 c 503 § 12.]
74.14B.080
transfer all unspent appropriated funds, records, and documents necessary to
facilitate a successful transfer." [1996 c 123 § 10.]
Effective date—1996 c 123: See note following RCW 43.280.010.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
74.14B.070
74.14B.040
74.14B.040 Child abuse and neglect—Therapeutic
day care and treatment. The department shall, within funds
appropriated for this purpose, provide therapeutic day care
and day treatment to children who have been abused or
neglected and meet program eligibility criteria. [1987 c 503
§ 13.]
74.14B.050
74.14B.050 Child abuse and neglect—Counseling
referrals. The department of social and health services shall
inform victims of child abuse and neglect and their families
of the availability of state-supported counseling through the
crime victims' compensation program, community mental
health centers, domestic violence and sexual assault programs, and other related programs. The department shall
assist victims with referrals to these services. [1987 c 503 §
14.]
74.14B.060
74.14B.060 Sexually abused children—Treatment
services. (1) Treatment services for children who have been
sexually assaulted must be designed and delivered in a manner that accommodates their unique developmental needs and
also considers the impact of family dynamics on treatment
issues. In addition, the complexity of the civil and criminal
justice systems requires that children who are involved
receive appropriate consideration and attention that recognizes their unique vulnerability in a system designed primarily for adults.
(2) The department of community, trade, and economic
development shall provide, subject to available funds, comprehensive sexual assault services to sexually abused children and their families. The department shall provide treatment services by qualified, registered, certified, or licensed
professionals on a one-to-one or group basis as may be
deemed appropriate.
(3) Funds appropriated under this section shall be provided solely for contracts or direct purchase of specific treatment services from community organizations and private service providers for child victims of sexual assault and sexual
abuse. Funds shall be disbursed through the request for proposal or request for qualifications process.
(4) As part of the request for proposal or request for qualifications process the department of community, trade, and
economic development shall ensure that there be no duplication of services with existing programs including the crime
victims' compensation program as provided in chapter 7.68
RCW. The department shall also ensure that victims exhaust
private insurance benefits available to the child victim before
providing services to the child victim under this section.
[1996 c 123 § 8; 1990 c 3 § 1402.]
Transfer of powers and duties—1996 c 123: "The powers and duties
of the department of social and health services to provide services and funding for services to sexually abused children under RCW 74.14B.060 shall be
transferred to the department of community, trade, and economic development on July 1, 1996. The department of social and health services shall
(2004 Ed.)
74.14B.070 Child victims of sexual assault or sexual
abuse—Early identification, treatment. The department of
social and health services through its division of children and
family services shall, subject to available funds, establish a
system of early identification and referral to treatment of
child victims of sexual assault or sexual abuse. The system
shall include schools, physicians, sexual assault centers,
domestic violence centers, child protective services, and foster parents. A mechanism shall be developed to identify communities that have experienced success in this area and share
their expertise and methodology with other communities
statewide. [1990 c 3 § 1403.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
74.14B.080
74.14B.080 Liability insurance for foster parents. (1)
Subject to subsection (2) of this section, the secretary of
social and health services shall provide liability insurance to
foster parents licensed under chapter 74.15 RCW. The coverage shall be for personal injury and property damage caused
by foster parents or foster children that occurred while the
children were in foster care. Such insurance shall cover acts
of ordinary negligence but shall not cover illegal conduct or
bad faith acts taken by foster parents in providing foster care.
Moneys paid from liability insurance for any claim are limited to the amount by which the claim exceeds the amount
available to the claimant from any valid and collectible liability insurance.
(2) The secretary of social and health services may purchase the insurance required in subsection (1) of this section
or may choose a self-insurance method. The total moneys
expended pursuant to this authorization shall not exceed five
hundred thousand dollars per biennium. If the secretary elects
a method of self-insurance, the expenditure shall include all
administrative and staff costs. If the secretary elects a method
of self-insurance, he or she may, by rule, place a limit on the
maximum amount to be paid on each claim.
(3) Nothing in this section or RCW 4.24.590 is intended
to modify the foster parent reimbursement plan in place on
July 1, 1991.
(4) The liability insurance program shall be available by
July 1, 1991. [1991 c 283 § 2.]
Findings—1991 c 283: "The legislature recognizes the unique legal
risks that foster parents face in taking children into their care. Third parties
have filed claims against foster parents for losses and damage caused by foster children. Additionally, foster children and their parents have sued foster
parents for actions occurring while the children were in foster care. The legislature finds that some potential foster parents are unwilling to subject themselves to potential liability without insurance protection. The legislature further finds that to encourage those people to serve as foster parents, it is necessary to assure that such insurance is available to them." [1991 c 283 § 1.]
Effective date—1991 c 283: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 283 § 5.]
[Title 74 RCW—page 77]
74.14B.900
Title 74 RCW: Public Assistance
74.14B.900 Captions. Section headings as used in this
chapter do not constitute any part of the law. [1987 c 503 §
19.]
74.14B.900
74.14B.901 Severability—1987 c 503. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 503 § 21.]
74.14B.901
74.14B.902 Effective date—1987 c 503. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect July 1, 1987.
[1987 c 503 § 22.]
74.14B.902
Chapter 74.14C
Chapter 74.14C RCW
FAMILY PRESERVATION SERVICES
Sections
74.14C.005
74.14C.010
74.14C.020
74.14C.030
74.14C.032
74.14C.040
74.14C.042
74.14C.050
74.14C.060
74.14C.065
74.14C.070
74.14C.080
74.14C.090
74.14C.100
74.14C.900
Findings and intent.
Definitions.
Preservation services.
Department duties.
Preservation services contracts.
Intensive family preservation services—Eligibility criteria.
Family preservation services—Eligibility criteria.
Implementation and evaluation plan.
Funds, volunteer services.
Federal funds.
Appropriations—Transfer of funds from foster care services to
family preservation services—Annual report.
Data collection—Reports to the legislature.
Reports on referrals and services.
Training and consultation for department personnel—Training
for judges and service providers.
Severability—1992 c 214.
74.14C.005 Findings and intent. (1) The legislature
believes that protecting the health and safety of children is
paramount. The legislature recognizes that the number of
children entering out-of-home care is increasing and that a
number of children receive long-term foster care protection.
Reasonable efforts by the department to shorten out-of-home
placement or avoid it altogether should be a major focus of
the child welfare system. It is intended that providing upfront services decrease the number of children entering outof-home care and have the effect of eventually lowering foster care expenditures and strengthening the family unit.
Within available funds, the legislature directs the department to focus child welfare services on protecting the child,
strengthening families and, to the extent possible, providing
necessary services in the family setting, while drawing upon
the strengths of the family. The legislature intends services be
locally based and offered as early as possible to avoid disruption to the family, out-of-home placement of the child, and
entry into the dependency system. The legislature also
intends that these services be used for those families whose
children are returning to the home from out-of-home care.
These services are known as family preservation services and
intensive family preservation services and are characterized
by the following values, beliefs, and goals:
(a) Safety of the child is always the first concern;
(b) Children need their families and should be raised by
their own families whenever possible;
74.14C.005
[Title 74 RCW—page 78]
(c) Interventions should focus on family strengths and be
responsive to the individual family's cultural values and
needs;
(d) Participation should be voluntary; and
(e) Improvement of family functioning is essential in
order to promote the child's health, safety, and welfare and
thereby allow the family to remain intact and allow children
to remain at home.
(2) Subject to the availability of funds for such purposes,
the legislature intends for these services to be made available
to all eligible families on a statewide basis through a phasedin process. Except as otherwise specified by statute, the
department of social and health services shall have the
authority and discretion to implement and expand these services as provided in this chapter. The department shall consult with the community public health and safety networks
when assessing a community's resources and need for services.
(3) It is the legislature's intent that, within available
funds, the department develop services in accordance with
this chapter.
(4) Nothing in this chapter shall be construed to create an
entitlement to services nor to create judicial authority to order
the provision of preservation services to any person or family
if the services are unavailable or unsuitable or that the child
or family are not eligible for such services. [1995 c 311 § 1;
1992 c 214 § 1.]
74.14C.010
74.14C.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of social and
health services.
(2) "Community support systems" means the support
that may be organized through extended family members,
friends, neighbors, religious organizations, community programs, cultural and ethnic organizations, or other support
groups or organizations.
(3) "Family preservation services" means in-home or
community-based services drawing on the strengths of the
family and its individual members while addressing family
needs to strengthen and keep the family together where possible and may include:
(a) Respite care of children to provide temporary relief
for parents and other caregivers;
(b) Services designed to improve parenting skills with
respect to such matters as child development, family budgeting, coping with stress, health, safety, and nutrition; and
(c) Services designed to promote the well-being of children and families, increase the strength and stability of families, increase parents' confidence and competence in their
parenting abilities, promote a safe, stable, and supportive
family environment for children, and otherwise enhance children's development.
Family preservation services shall have the characteristics delineated in RCW 74.14C.020 (2) and (3).
(4) "Imminent" means a decision has been made by the
department that, without intensive family preservation services, a petition requesting the removal of a child from the
family home will be immediately filed under chapter 13.32A
(2004 Ed.)
Family Preservation Services
or 13.34 RCW, or that a voluntary placement agreement will
be immediately initiated.
(5) "Intensive family preservation services" means community-based services that are delivered primarily in the
home, that follow intensive service models with demonstrated effectiveness in reducing or avoiding the need for
unnecessary imminent out-of-home placement, and that have
all of the characteristics delineated in RCW 74.14C.020 (1)
and (3).
(6) "Out-of-home placement" means a placement in a
foster family home or group care facility licensed pursuant to
chapter 74.15 RCW or placement in a home, other than that
of the child's parent, guardian, or legal custodian, not
required to be licensed pursuant to chapter 74.15 RCW.
(7) "Paraprofessional worker" means any individual who
is trained and qualified to provide assistance and community
support systems development to families and who acts under
the supervision of a preservation services therapist. The paraprofessional worker is not intended to replace the role and
responsibilities of the preservation services therapist.
(8) "Preservation services" means family preservation
services and intensive family preservation services that consider the individual family's cultural values and needs. [1996
c 240 § 2; 1995 c 311 § 2; 1992 c 214 § 2.]
74.14C.020 Preservation services. (1) Intensive family preservation services shall have all of the following characteristics:
(a) Services are provided by specially trained service
providers who have received at least forty hours of training
from recognized intensive in-home services experts. Service
providers deliver the services in the family's home, and other
environments of the family, such as their neighborhood or
schools;
(b) Caseload size averages two families per service provider unless paraprofessional services are utilized, in which
case a provider may, but is not required to, handle an average
caseload of five families;
(c) The services to the family are provided by a single
service provider who may be assisted by paraprofessional
workers, with backup providers identified to provide assistance as necessary;
(d) Services are available to the family within twentyfour hours following receipt of a referral to the program; and
(e) Duration of service is limited to a maximum of forty
days, unless paraprofessional workers are used, in which case
the duration of services is limited to a maximum of ninety
days. The department may authorize an additional provision
of service through an exception to policy when the department and provider agree that additional services are needed.
(2) Family preservation services shall have all of the following characteristics:
(a) Services are delivered primarily in the family home
or community;
(b) Services are committed to reinforcing the strengths of
the family and its members and empowering the family to
solve problems and become self-sufficient;
(c) Services are committed to providing support to families through community organizations including but not limited to school, church, cultural, ethnic, neighborhood, and
business;
74.14C.020
(2004 Ed.)
74.14C.030
(d) Services are available to the family within forty-eight
hours of referral unless an exception is noted in the file;
(e) Duration of service is limited to a maximum of six
months, unless the department requires additional follow-up
on an individual case basis; and
(f) Caseload size no more than ten families per service
provider, which can be adjusted when paraprofessional workers are used or required by the department.
(3) Preservation services shall include the following
characteristics:
(a) Services protect the child and strengthen the family;
(b) Service providers have the authority and discretion to
spend funds, up to a maximum amount specified by the
department, to help families obtain necessary food, shelter, or
clothing, or to purchase other goods or services that will
enhance the effectiveness of intervention;
(c) Services are available to the family twenty-four hours
a day and seven days a week;
(d) Services enhance parenting skills, family and personal self-sufficiency, functioning of the family, and reduce
stress on families; and
(e) Services help families locate and use additional assistance including, but not limited to, the development and
maintenance of community support systems, counseling and
treatment services, housing, child care, education, job training, emergency cash grants, state and federally funded public
assistance, and other basic support services. [1996 c 240 § 3;
1995 c 311 § 3; 1992 c 214 § 3.]
74.14C.030 Department duties. (1) The department
shall be the lead administrative agency for preservation services and may receive funding from any source for the implementation or expansion of such services. The department
shall:
(a) Provide coordination and planning with the advice of
the community networks for the implementation and expansion of preservation services; and
(b) Monitor and evaluate such services to determine
whether the programs meet measurable standards specified
by this chapter and the department.
(2) The department may: (a) Allow its contractors for
preservation services to use paraprofessional workers when
the department and provider determine the use appropriate.
The department may also use paraprofessional workers, as
appropriate, when the department provides preservation services; and (b) allow follow-up to be provided, on an individual case basis, when the department and provider determine
the use appropriate.
(3) In carrying out the requirements of this section, the
department shall consult with qualified agencies that have
demonstrated expertise and experience in preservation services.
(4) The department may provide preservation services
directly and shall, within available funds, enter into outcomebased, competitive contracts with social service agencies to
provide preservation services, provided that such agencies
meet measurable standards specified by this chapter and by
the department. The standards shall include, but not be limited to, satisfactory performance in the following areas:
(a) The number of families appropriately connected to
community resources;
74.14C.030
[Title 74 RCW—page 79]
74.14C.032
Title 74 RCW: Public Assistance
(b) Avoidance of new referrals accepted by the department for child protective services or family reconciliation
services within one year of the most recent case closure by
the department;
(c) Consumer satisfaction;
(d) For reunification cases, reduction in the length of stay
in out-of-home placement; and
(e) Reduction in the level of risk factors specified by the
department.
(5)(a) The department shall not provide intensive family
preservation services unless it is demonstrated that provision
of such services prevent out-of-home placement in at least
seventy percent of the cases served for a period of at least six
months following termination of services. The department's
caseworkers may only provide preservation services if there
is no other qualified entity willing or able to do so.
(b) Contractors shall demonstrate that provision of intensive family preservation services prevent out-of-home placement in at least seventy percent of the cases served for a
period of no less than six months following termination of
services. The department may increase the period of time
based on additional research and data. If the contractor fails
to meet the seventy percent requirement the department may:
(i) Review the conditions that may have contributed to the
failure to meet the standard and renew the contract if the
department determines: (A) The contractor is making
progress to meet the standard; or (B) conditions unrelated to
the provision of services, including case mix and severity of
cases, contributed to the failure; or (ii) reopen the contract for
other bids.
(c) The department shall cooperate with any person who
has a contract under this section in providing data necessary
to determine the amount of reduction in foster care. For the
purposes of this subsection "prevent out-of-home placement"
means that a child who has been a recipient of intensive family preservation services has not been placed outside of the
home, other than for a single, temporary period of time not
exceeding fourteen days.
(6) The department shall adopt rules to implement this
chapter. [1996 c 240 § 4; 1995 c 311 § 4; 1992 c 214 § 4.]
74.14C.032 Preservation services contracts. The initial contracts under *RCW 74.14C.030(3) shall be executed
not later than July 1996 and shall expire June 30, 1997. Subsequent contracts shall be for periods not to exceed twentyfour months. [1995 c 311 § 13.]
74.14C.032
*Reviser's note: RCW 74.14C.030 was amended by 1996 c 240 § 4,
changing subsection (3) to subsection (4).
74.14C.040 Intensive family preservation services—
Eligibility criteria. (1) Intensive family preservation services may be provided to children and their families only
when the department has determined that:
(a) The child has been placed out-of-home or is at imminent risk of an out-of-home placement due to:
(i) Child abuse or neglect;
(ii) A serious threat of substantial harm to the child's
health, safety, or welfare; or
(iii) Family conflict; and
(b) There are no other reasonably available services
including family preservation services that will prevent out74.14C.040
[Title 74 RCW—page 80]
of-home placement of the child or make it possible to immediately return the child home.
(2) The department shall refer eligible families to intensive family preservation services on a twenty-four hour
intake basis. The department need not refer otherwise eligible
families, and intensive family preservation services need not
be provided, if:
(a) The services are not available in the community in
which the family resides;
(b) The services cannot be provided because the program
is filled to capacity and there are no current service openings;
(c) The family refuses the services;
(d) The department, or the agency that is supervising the
foster care placement, has developed a case plan that does not
include reunification of the child and family; or
(e) The department or the service provider determines
that the safety of a child, a family member, or persons providing the service would be unduly threatened.
(3) Nothing in this chapter shall prevent provision of
intensive family preservation services to nonfamily members
when the department or the service provider deems it necessary or appropriate to do so in order to assist the family or
child. [1995 c 311 § 6; 1992 c 214 § 5.]
74.14C.042
74.14C.042 Family preservation services—Eligibility
criteria. (1) Family preservation services may be provided
to children and their families only when the department has
determined that without intervention, the child faces a substantial likelihood of out-of-home placement due to:
(a) Child abuse or neglect;
(b) A serious threat of substantial harm to the child's
health, safety, or welfare; or
(c) Family conflict.
(2) The department need not refer otherwise eligible
families and family preservation services need not be provided, if:
(a) The services are not available in the community in
which the family resides;
(b) The services cannot be provided because the program
is filled to capacity;
(c) The family refuses the services; or
(d) The department or the service provider determines
that the safety of a child, a family member, or persons providing the services would be unduly threatened.
(3) Nothing in this chapter shall prevent provision of
family preservation services to nonfamily members when the
department or the service provider deems it necessary or
appropriate to do so in order to assist the family or the child.
[1995 c 311 § 7.]
74.14C.050
74.14C.050 Implementation and evaluation plan. By
December 1, 1995, the department, with the assistance of the
family policy council, two urban and two rural public health
and safety networks to be chosen by the family policy council, and two private, nonprofit agencies with expertise and
experience in preservation services shall submit to the legislature an implementation and evaluation plan that identifies:
(1) A valid and reliable process that can be used by caseworkers for accurately identifying clients who are eligible for
intensive family preservation services and family preserva(2004 Ed.)
Family Preservation Services
tion services. The plan shall recognize the due process rights
of families that receive preservation services and recognize
that family preservation services are not intended to be investigative for purposes of chapter 13.34 RCW;
(2) Necessary data by which program success will be
measured, projections of service needs, budget requests, and
long-range planning;
(3) Regional and statewide projections of service needs;
(4) A cost estimate for statewide implementation and
expansion of preservation services on a phased-in basis
beginning no later than July 1, 1996;
(5) A plan and time frame for phased-in implementation
of preservation services on a statewide basis to be accomplished as soon as possible but no later than July 1, 1997;
(6) Data regarding the number of children in foster care,
group care, institutional placements, and other out-of-home
placements due to medical needs, mental health needs, developmental disabilities, and juvenile offenses, and an assessment of the feasibility of providing preservation services to
include all of these children;
(7) Standards and outcome measures for the department
when the department provides preservation services directly;
and
(8) A process to assess outcome measures identified in
RCW 74.14C.030 for contractors providing preservation services. [1995 c 311 § 9; 1992 c 214 § 6.]
74.14C.100
with the approval of the office of financial management. The
department shall present an annual report to the legislature
regarding any transfers under this section only if transfers
occur. The department shall include caseload, expenditure,
cost avoidance, identified improvements to the out-of-home
care system, and outcome data related to the transfer in the
report. The department shall also include in the report information regarding:
(1) The percent of cases where a child is placed in out-ofhome care after the provision of intensive family preservation
services or family preservation services;
(2) The average length of time before the child is placed
out-of-home;
(3) The average length of time the child is placed out-ofhome; and
(4) The number of families that refused the offer of
either family preservation services or intensive family preservation services. [2003 c 207 § 3; 1995 c 311 § 11; 1994 c 288
§ 3; 1992 c 214 § 9.]
Funds transfer review: "The juvenile issues task force established
under chapter 234, Laws of 1991, shall review the advisability of transferring
appropriated funds from foster care to purchase family preservation services
for children at imminent risk of foster care placement and include findings
and recommendations on the transfer of funds to the appropriate committees
of the senate and house of representatives by December 15, 1992. The task
force shall identify ways to improve the foster care system and expand family preservation services with the savings generated by avoiding the placement of children at imminent risk of foster care placement through the provision of family preservation services." [1992 c 214 § 10.]
74.14C.060
74.14C.060 Funds, volunteer services. For the purpose of providing preservation services the department may:
(1) Solicit and use any available federal or private
resources, which may include funds, in-kind resources, or
volunteer services; and
(2) Use any available state resources, which may include
in-kind resources or volunteer services. [1995 c 311 § 10;
1992 c 214 § 7.]
74.14C.065
74.14C.065 Federal funds. Any federal funds made
available under RCW 74.14C.060 shall be used to supplement and shall not supplant state funds to carry out the purposes of this chapter. However, during the 1995-97 fiscal
biennium, federal funds made available under RCW
74.14C.060 may be used to supplant state funds to carry out
the purposes of this chapter. [1995 2nd sp.s. c 18 § 922; 1992
c 214 § 11.]
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
74.14C.070
74.14C.070 Appropriations—Transfer of funds from
foster care services to family preservation services—
Annual report. The secretary of social and health services,
or the secretary's regional designee, may transfer funds
appropriated for foster care services to purchase preservation
services and other preventive services for children at imminent risk of out-of-home placement or who face a substantial
likelihood of out-of-home placement. This transfer may be
made in those regions that lower foster care expenditures
through efficient use of preservation services and permanency planning efforts. The transfer shall be equivalent to
the amount of reduced foster care expenditures and shall be
made in accordance with the provisions of this chapter and
(2004 Ed.)
74.14C.080
74.14C.080 Data collection—Reports to the legislature. The department shall collect data regarding the rates at
which intensive family preservation services prevent out-ofhome placements over varying periods of time. The department shall make an initial report to the appropriate committees of the legislature of the data, and the proposed rules to
implement this section, by December 1, 1995. The department shall present a report to the appropriate committees of
the legislature on September 1st of each odd-numbered year,
commencing on September 1, 1997. [1995 c 311 § 5.]
74.14C.090
74.14C.090 Reports on referrals and services. Each
department caseworker who refers a client for preservation
services shall file a report with his or her direct supervisor
stating the reasons for which the client was referred. The
caseworker's supervisor shall verify in writing his or her
belief that the family who is the subject of a referral for preservation services meets the eligibility criteria for services as
provided in this chapter. The direct supervisor shall report
monthly to the regional administrator on the provision of
these services. The regional administrator shall report to the
assistant secretary quarterly on the provision of these services
for the entire region. The assistant secretary shall make a
semiannual report to the secretary on the provision of these
services on a statewide basis. [1995 c 311 § 8.]
74.14C.100
74.14C.100 Training and consultation for department personnel—Training for judges and service providers. (1) The department shall, within available funds, provide for ongoing training and consultation to department personnel to carry out their responsibilities effectively. Such
training may:
[Title 74 RCW—page 81]
74.14C.900
Title 74 RCW: Public Assistance
(a) Include the family unit as the primary focus of service; identifying family member strengths; empowering families; child, adult, and family development; stress management; and may include parent training and family therapy
techniques;
(b) Address intake and referral, assessment of risk, case
assessment, matching clients to services, and service planning issues in the context of the home-delivered service
model, including strategies for engaging family members,
defusing violent situations, and communication and conflict
resolution skills;
(c) Cover methods of helping families acquire the skills
they need, including home management skills, life skills,
parenting, child development, and the use of community
resources;
(d) Address crisis intervention and other strategies for
the management of depression, and suicidal, assaultive, and
other high-risk behavior; and
(e) Address skills in collaborating with other disciplines
and services in promoting the safety of children and other
family members and promoting the preservation of the family.
(2) The department and the office of the administrator
for the courts shall, within available funds, collaborate in providing training to judges, and others involved in the provision
of services pursuant to this title, including service providers,
on the function and use of preservation services. [1995 c 311
§ 12.]
74.14C.900
74.14C.900 Severability—1992 c 214. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1992 c 214 § 13.]
at least two but not more than three models of alternative
response systems. The services shall be reasonably available
throughout the state but need not be sited in every county in
the state, subject to such conditions and limitations as may be
specified in the omnibus appropriations act.
(2) The systems shall provide delivery of services in the
least intrusive manner reasonably likely to achieve improved
family cohesiveness, prevention of rereferrals of the family
for alleged abuse or neglect, and improvement in the health
and safety of children.
(3) The department shall identify and prioritize risk and
protective factors associated with the type of abuse or neglect
referrals that are appropriate for services delivered by alternative response systems. Contractors who provide services
through an alternative response system shall use the factors in
determining which services to deliver, consistent with the
provisions of subsection (2) of this section.
(4) Consistent with the provisions of chapter 26.44
RCW, the providers of services under the alternative
response system shall recognize the due process rights of
families that receive such services and recognize that these
services are not intended to be investigative for purposes of
chapter 13.34 RCW. [1997 c 386 § 10.]
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
74.14D.030 Data collection, evaluation. (Expires July
1, 2005.) The department shall identify appropriate data to
determine and evaluate outcomes of the services delivered by
the alternative response systems. All contracts for delivery of
alternative response system services shall include provisions
and funding for data collection. [1997 c 386 § 11.]
74.14D.030
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
74.14D.040 Court may order delivery of services.
(Expires July 1, 2005.) (1) The court may, upon the entry of
an order under this chapter, order the delivery of services
through any appropriate public or private provider.
(2) This section may not be construed as allowing the
court to require the department to pay for the cost of any services provided under this section. [1997 c 386 § 12.]
74.14D.040
Chapter 74.14D RCW
ALTERNATIVE FAMILY-CENTERED SERVICES
Chapter 74.14D
Sections
74.14D.010 Alternative response system—Defined.
74.14D.020 Delivery of services—Contracts—Two or three model systems to be used.
74.14D.030 Data collection, evaluation.
74.14D.040 Court may order delivery of services.
74.14D.900 Expiration of chapter.
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
74.14D.900 Expiration of chapter. (Expires July 1,
2005.) This chapter expires July 1, 2005. [1997 c 386 § 13.]
74.14D.900
74.14D.010
74.14D.010 Alternative response system—Defined.
(Expires July 1, 2005.) As used in this chapter, "alternative
response system" means voluntary family-centered services
that are: (1) Provided by an entity with which the department
contracts; and (2) intended to increase the strengths and cohesiveness of families that the department determines present a
low risk of child abuse or neglect. [1997 c 386 § 9.]
Application—1997 c 386: "Sections 8 through 14 and 17 through 34 of
this act apply only to incidents occurring on or after January 1, 1998." [1997
c 386 § 67.]
Effective date—1997 c 386: "Sections 8 through 13 and 21 through 34
of this act take effect January 1, 1998." [1997 c 386 § 68.]
74.14D.020
74.14D.020 Delivery of services—Contracts—Two
or three model systems to be used. (Expires July 1, 2005.)
(1) The department shall contract for delivery of services for
[Title 74 RCW—page 82]
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Chapter 74.15 RCW
CARE OF CHILDREN, EXPECTANT MOTHERS,
DEVELOPMENTALLY DISABLED
Chapter 74.15
Sections
74.15.010
74.15.020
74.15.030
74.15.040
74.15.050
74.15.060
74.15.063
Declaration of purpose.
Definitions.
Powers and duties of secretary.
Licenses for foster-family homes required—Inspections.
Fire protection—Powers and duties of chief of the Washington
state patrol.
Health protection—Powers and duties of secretary of health.
Notice of pesticide use.
(2004 Ed.)
Care of Children, Expectant Mothers, Developmentally Disabled
74.15.070
74.15.080
74.15.090
74.15.100
74.15.110
74.15.120
74.15.125
74.15.130
74.15.132
74.15.134
74.15.140
74.15.150
74.15.160
74.15.170
74.15.180
74.15.190
74.15.200
74.15.210
74.15.220
74.15.230
74.15.240
74.15.250
74.15.260
74.15.270
74.15.280
74.15.900
74.15.901
Articles of incorporation and amendments—Copies to be furnished to department.
Access to agencies, records.
Licenses required for agencies.
License application, issuance, duration—Reclassification.
Renewal of licenses.
Initial licenses.
Probationary licenses.
Licenses—Denial, suspension, revocation, modification—
Procedures—Adjudicative proceedings—Penalties.
Adjudicative proceedings—Training for administrative law
judges.
License or certificate suspension—Noncompliance with support order—Reissuance.
Action against licensed or unlicensed agencies authorized.
Penalty for operating without license.
Continuation of existing licensing rules.
Agencies, homes conducted by religious organizations—
Application of chapter.
Designating home or facility as semi-secure facility.
Authority of Indian tribes to license agencies within reservations—Placement of children.
Child abuse and neglect prevention training to parents and day
care providers.
Community facility—Service provider must report juvenile
infractions or violations—Violations by service provider—
Secretary's duties—Rules.
HOPE centers—Establishment—Requirements.
Responsible living skills programs—Established—Requirements.
Responsible living skills program—Eligibility.
HOPE centers—Responsible living skills programs—Licensing authority—Rules.
HOPE centers—Responsible living skills programs—Grant
proposals—Technical assistance.
HOPE centers—Responsible living skills programs—Awarding of contracts.
Emergency respite centers—Licensing—Rules.
Short title—Purpose—Entitlement not granted—1999 c 267
§§ 10-26.
Federal waivers—1999 c 267 §§ 10-26.
74.15.020
(5) To license agencies as defined in RCW 74.15.020
and to assure the users of such agencies, their parents, the
community at large and the agencies themselves that adequate minimum standards are maintained by all agencies caring for children, expectant mothers and developmentally disabled persons. [1995 c 302 § 2; 1983 c 3 § 192; 1977 ex.s. c
80 § 70; 1967 c 172 § 1.]
Intent—1995 c 302: "The legislature declares that the state of Washington has a compelling interest in protecting and promoting the health, welfare, and safety of children, including those who receive care away from
their own homes. The legislature further declares that no person or agency
has a right to be licensed under this chapter to provide care for children. The
health, safety, and well-being of children must be the paramount concern in
determining whether to issue a license to an applicant, whether to suspend or
revoke a license, and whether to take other licensing action. The legislature
intends, through the provisions of this act, to provide the department of
social and health services with additional enforcement authority to carry out
the purpose and provisions of this act. Furthermore, administrative law
judges should receive specialized training so that they have the specialized
expertise required to appropriately review licensing decisions of the department.
Children placed in foster care are particularly vulnerable and have a
special need for placement in an environment that is stable, safe, and nurturing. For this reason, foster homes should be held to a high standard of care,
and department decisions regarding denial, suspension, or revocation of foster care licenses should be upheld on review if there are reasonable grounds
for such action." [1995 c 302 § 1.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Severability—1967 c 172: "If any provision of this 1967 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1967 c 172 § 24.]
74.15.020
Adoption: Chapter 26.33 RCW.
Age of majority: Chapter 26.28 RCW.
Birthing centers: Chapter 18.46 RCW.
Child abuse: Chapter 26.44 RCW.
Immunization program, applicability to day care centers: RCW
28A.210.060 through 28A.210.170.
Liability insurance for foster parents: RCW 74.14B.080.
Liability of foster parents: RCW 4.24.590.
Out-of-home placement—Court action upon filing of child in need of services petition—Child placement: RCW 13.32A.160.
Uniform Parentage Act: Chapter 26.26 RCW.
74.15.010
74.15.010 Declaration of purpose. The purpose of
chapter 74.15 RCW and RCW 74.13.031 is:
(1) To safeguard the health, safety, and well-being of
children, expectant mothers and developmentally disabled
persons receiving care away from their own homes, which is
paramount over the right of any person to provide care;
(2) To strengthen and encourage family unity and to sustain parental rights and responsibilities to the end that foster
care is provided only when a child's family, through the use
of all available resources, is unable to provide necessary care;
(3) To promote the development of a sufficient number
and variety of adequate child-care and maternity-care facilities, both public and private, through the cooperative efforts
of public and voluntary agencies and related groups;
(4) To provide consultation to agencies caring for children, expectant mothers or developmentally disabled persons
in order to help them to improve their methods of and facilities for care;
(2004 Ed.)
74.15.020 Definitions. For the purpose of chapter 74.15
RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:
(1) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children,
expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own
homes, or which places, arranges the placement of, or assists
in the placement of children, expectant mothers, or persons
with developmental disabilities for foster care or placement
of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to
the children, expectant mothers or persons with developmental disabilities for services rendered:
(a) "Child day-care center" means an agency which regularly provides care for a group of children for periods of less
than twenty-four hours;
(b) "Child-placing agency" means an agency which
places a child or children for temporary care, continued care,
or for adoption;
(c) "Community facility" means a group care facility
operated for the care of juveniles committed to the department under RCW 13.40.185. A county detention facility that
houses juveniles committed to the department under RCW
13.40.185 pursuant to a contract with the department is not a
community facility;
(d) "Crisis residential center" means an agency which is
a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the
manner provided in RCW 74.13.032 through 74.13.036;
[Title 74 RCW—page 83]
74.15.020
Title 74 RCW: Public Assistance
(e) "Emergency respite center" is an agency that may be
commonly known as a crisis nursery, that provides emergency and crisis care for up to seventy-two hours to children
who have been admitted by their parents or guardians to prevent abuse or neglect. Emergency respite centers may operate
for up to twenty-four hours a day, and for up to seven days a
week. Emergency respite centers may provide care for children ages birth through seventeen, and for persons eighteen
through twenty with developmental disabilities who are
admitted with a sibling or siblings through age seventeen.
Emergency respite centers may not substitute for crisis residential centers or HOPE centers, or any other services
defined under this section, and may not substitute for services
which are required under chapter 13.32A or 13.34 RCW;
(f) "Family day-care provider" means a child day-care
provider who regularly provides child day care for not more
than twelve children in the provider's home in the family living quarters;
(g) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more
children, expectant mothers, or persons with developmental
disabilities in the family abode of the person or persons under
whose direct care and supervision the child, expectant
mother, or person with a developmental disability is placed;
(h) "Group-care facility" means an agency, other than a
foster-family home, which is maintained and operated for the
care of a group of children on a twenty-four hour basis;
(i) "HOPE center" means an agency licensed by the secretary to provide temporary residential placement and other
services to street youth. A street youth may remain in a
HOPE center for thirty days while services are arranged and
permanent placement is coordinated. No street youth may
stay longer than thirty days unless approved by the department and any additional days approved by the department
must be based on the unavailability of a long-term placement
option. A street youth whose parent wants him or her
returned to home may remain in a HOPE center until his or
her parent arranges return of the youth, not longer. All other
street youth must have court approval under chapter 13.34 or
13.32A RCW to remain in a HOPE center up to thirty days;
(j) "Maternity service" means an agency which provides
or arranges for care or services to expectant mothers, before
or during confinement, or which provides care as needed to
mothers and their infants after confinement;
(k) "Responsible living skills program" means an agency
licensed by the secretary that provides residential and transitional living services to persons ages sixteen to eighteen who
are dependent under chapter 13.34 RCW and who have been
unable to live in his or her legally authorized residence and,
as a result, the minor lived outdoors or in another unsafe location not intended for occupancy by the minor. Dependent
minors ages fourteen and fifteen may be eligible if no other
placement alternative is available and the department
approves the placement;
(l) "Service provider" means the entity that operates a
community facility.
(2) "Agency" shall not include the following:
(a) Persons related to the child, expectant mother, or person with developmental disability in the following ways:
(i) Any blood relative, including those of half-blood, and
including first cousins, nephews or nieces, and persons of
[Title 74 RCW—page 84]
preceding generations as denoted by prefixes of grand, great,
or great-great;
(ii) Stepfather, stepmother, stepbrother, and stepsister;
(iii) A person who legally adopts a child or the child's
parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;
(iv) Spouses of any persons named in (i), (ii), or (iii) of
this subsection (2)(a), even after the marriage is terminated;
or
(v) Extended family members, as defined by the law or
custom of the Indian child's tribe or, in the absence of such
law or custom, a person who has reached the age of eighteen
and who is the Indian child's grandparent, aunt or uncle,
brother or sister, brother-in-law or sister-in-law, niece or
nephew, first or second cousin, or stepparent who provides
care in the family abode on a twenty-four-hour basis to an
Indian child as defined in 25 U.S.C. Sec. 1903(4);
(b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;
(c) Persons who care for a neighbor's or friend's child or
children, with or without compensation, where: (i) The person providing care for periods of less than twenty-four hours
does not conduct such activity on an ongoing, regularly
scheduled basis for the purpose of engaging in business,
which includes, but is not limited to, advertising such care; or
(ii) the parent and person providing care on a twenty-fourhour basis have agreed to the placement in writing and the
state is not providing any payment for the care;
(d) Parents on a mutually cooperative basis exchange
care of one another's children;
(e) A person, partnership, corporation, or other entity
that provides placement or similar services to exchange students or international student exchange visitors or persons
who have the care of an exchange student in their home;
(f) A person, partnership, corporation, or other entity that
provides placement or similar services to international children who have entered the country by obtaining visas that
meet the criteria for medical care as established by the United
States immigration and naturalization service, or persons
who have the care of such an international child in their
home;
(g) Nursery schools or kindergartens which are engaged
primarily in educational work with preschool children and in
which no child is enrolled on a regular basis for more than
four hours per day;
(h) Schools, including boarding schools, which are
engaged primarily in education, operate on a definite school
year schedule, follow a stated academic curriculum, accept
only school-age children and do not accept custody of children;
(i) Seasonal camps of three months' or less duration
engaged primarily in recreational or educational activities;
(j) Hospitals licensed pursuant to chapter 70.41 RCW
when performing functions defined in chapter 70.41 RCW,
nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;
(k) Licensed physicians or lawyers;
(l) Facilities providing care to children for periods of less
than twenty-four hours whose parents remain on the premises
to participate in activities other than employment;
(2004 Ed.)
Care of Children, Expectant Mothers, Developmentally Disabled
(m) Facilities approved and certified under chapter
71A.22 RCW;
(n) Any agency having been in operation in this state ten
years prior to June 8, 1967, and not seeking or accepting
moneys or assistance from any state or federal agency, and is
supported in part by an endowment or trust fund;
(o) Persons who have a child in their home for purposes
of adoption, if the child was placed in such home by a
licensed child-placing agency, an authorized public or tribal
agency or court or if a replacement report has been filed
under chapter 26.33 RCW and the placement has been
approved by the court;
(p) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries
of a federally recognized Indian reservation, licensed by the
Indian tribe;
(q) A maximum or medium security program for juvenile offenders operated by or under contract with the department;
(r) An agency located on a federal military reservation,
except where the military authorities request that such agency
be subject to the licensing requirements of this chapter.
(3) "Department" means the state department of social
and health services.
(4) "Juvenile" means a person under the age of twentyone who has been sentenced to a term of confinement under
the supervision of the department under RCW 13.40.185.
(5) "Probationary license" means a license issued as a
disciplinary measure to an agency that has previously been
issued a full license but is out of compliance with licensing
standards.
(6) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.
(7) "Secretary" means the secretary of social and health
services.
(8) "Street youth" means a person under the age of eighteen who lives outdoors or in another unsafe location not
intended for occupancy by the minor and who is not residing
with his or her parent or at his or her legally authorized residence.
(9) "Transitional living services" means at a minimum,
to the extent funds are available, the following:
(a) Educational services, including basic literacy and
computational skills training, either in local alternative or
public high schools or in a high school equivalency program
that leads to obtaining a high school equivalency degree;
(b) Assistance and counseling related to obtaining vocational training or higher education, job readiness, job search
assistance, and placement programs;
(c) Counseling and instruction in life skills such as
money management, home management, consumer skills,
parenting, health care, access to community resources, and
transportation and housing options;
(d) Individual and group counseling; and
(e) Establishing networks with federal agencies and state
and local organizations such as the United States department
of labor, employment and training administration programs
including the job training partnership act which administers
private industry councils and the job corps; vocational rehabilitation; and volunteer programs. [2001 c 230 § 1; 2001 c
144 § 1; 2001 c 137 § 3; 1999 c 267 § 11; 1998 c 269 § 3;
(2004 Ed.)
74.15.030
1997 c 245 § 7. Prior: 1995 c 311 § 18; 1995 c 302 § 3; 1994
c 273 § 21; 1991 c 128 § 14; 1988 c 176 § 912; 1987 c 170 §
12; 1982 c 118 § 5; 1979 c 155 § 83; 1977 ex.s. c 80 § 71;
1967 c 172 § 2.]
Reviser's note: This section was amended by 2001 c 137 § 3, 2001 c
144 § 1, and by 2001 c 230 § 1, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Alphabetization—1998 c 269: See note following RCW 13.50.010.
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
Intent—1995 c 302: See note following RCW 74.15.010.
Severability—Effective date—1991 c 128: See RCW 19.166.900 and
19.166.901.
Severability—1988 c 176: See RCW 71A.10.900.
Severability—1987 c 170: See note following RCW 13.04.030.
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
74.15.030
74.15.030 Powers and duties of secretary. The secretary shall have the power and it shall be the secretary's duty:
(1) In consultation with the children's services advisory
committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of facilities for which separate or different
requirements shall be developed as may be appropriate
whether because of variations in the ages, sex and other characteristics of persons served, variations in the purposes and
services offered or size or structure of the agencies to be
licensed hereunder, or because of any other factor relevant
thereto;
(2) In consultation with the children's services advisory
committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to
adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be
licensed.
The minimum requirements shall be limited to:
(a) The size and suitability of a facility and the plan of
operation for carrying out the purpose for which an applicant
seeks a license;
(b) The character, suitability and competence of an
agency and other persons associated with an agency directly
responsible for the care and treatment of children, expectant
mothers or developmentally disabled persons. In consultation
with law enforcement personnel, the secretary shall investigate the conviction record or pending charges and dependency record information under chapter 43.43 RCW of each
agency and its staff seeking licensure or relicensure. No
unfounded allegation of child abuse or neglect as defined in
RCW 26.44.020 may be disclosed to a child-placing agency,
private adoption agency, or any other provider licensed under
this chapter. In order to determine the suitability of applicants
for an agency license, licensees, their employees, and other
persons who have unsupervised access to children in care,
and who have not resided in the state of Washington during
the three-year period before being authorized to care for chil[Title 74 RCW—page 85]
74.15.040
Title 74 RCW: Public Assistance
dren shall be fingerprinted. The fingerprints shall be forwarded to the Washington state patrol and federal bureau of
investigation for a criminal history records check. The fingerprint criminal history records checks will be at the expense of
the licensee except that in the case of a foster family home, if
this expense would work a hardship on the licensee, the
department shall pay the expense. The licensee may not pass
this cost on to the employee or prospective employee, unless
the employee is determined to be unsuitable due to his or her
criminal history record. The secretary shall use the information solely for the purpose of determining eligibility for a
license and for determining the character, suitability, and
competence of those persons or agencies, excluding parents,
not required to be licensed who are authorized to care for
children, expectant mothers, and developmentally disabled
persons. Criminal justice agencies shall provide the secretary
such information as they may have and that the secretary may
require for such purpose;
(c) The number of qualified persons required to render
the type of care and treatment for which an agency seeks a
license;
(d) The safety, cleanliness, and general adequacy of the
premises to provide for the comfort, care and well-being of
children, expectant mothers or developmentally disabled persons;
(e) The provision of necessary care, including food,
clothing, supervision and discipline; physical, mental and
social well-being; and educational, recreational and spiritual
opportunities for those served;
(f) The financial ability of an agency to comply with
minimum requirements established pursuant to chapter 74.15
RCW and RCW 74.13.031; and
(g) The maintenance of records pertaining to the admission, progress, health and discharge of persons served;
(3) To investigate any person, including relatives by
blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children,
expectant mothers, and developmentally disabled persons
prior to authorizing that person to care for children, expectant
mothers, and developmentally disabled persons. However, if
a child is placed with a relative under RCW 13.34.065 or
13.34.130, and if such relative appears otherwise suitable and
competent to provide care and treatment the criminal history
background check required by this section need not be completed before placement, but shall be completed as soon as
possible after placement;
(4) On reports of alleged child abuse and neglect, to
investigate agencies in accordance with chapter 26.44 RCW,
including child day-care centers and family day-care homes,
to determine whether the alleged abuse or neglect has
occurred, and whether child protective services or referral to
a law enforcement agency is appropriate;
(5) To issue, revoke, or deny licenses to agencies pursuant to chapter 74.15 RCW and RCW 74.13.031. Licenses
shall specify the category of care which an agency is authorized to render and the ages, sex and number of persons to be
served;
(6) To prescribe the procedures and the form and contents of reports necessary for the administration of chapter
74.15 RCW and RCW 74.13.031 and to require regular
reports from each licensee;
[Title 74 RCW—page 86]
(7) To inspect agencies periodically to determine
whether or not there is compliance with chapter 74.15 RCW
and RCW 74.13.031 and the requirements adopted hereunder;
(8) To review requirements adopted hereunder at least
every two years and to adopt appropriate changes after consultation with the child care coordinating committee and
other affected groups for child day-care requirements and
with the children's services advisory committee for requirements for other agencies; and
(9) To consult with public and private agencies in order
to help them improve their methods and facilities for the care
of children, expectant mothers and developmentally disabled
persons. [2000 c 162 § 20; 2000 c 122 § 40; 1997 c 386 § 33;
1995 c 302 § 4; 1988 c 189 § 3. Prior: 1987 c 524 § 13; 1987
c 486 § 14; 1984 c 188 § 5; 1982 c 118 § 6; 1980 c 125 § 1;
1979 c 141 § 355; 1977 ex.s. c 80 § 72; 1967 c 172 § 3.]
Reviser's note: This section was amended by 2000 c 122 § 40 and by
2000 c 162 § 20, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Intent—1995 c 302: See note following RCW 74.15.010.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
74.15.040
74 .1 5.04 0 Licenses f or fo ster- fa mily ho mes
required—Inspections. An agency seeking to accept and
serve children, developmentally disabled persons, or expectant mothers as a foster-family home shall make application
for license in such form and substance as required by the
department. The department shall maintain a list of applicants
through which placement may be undertaken. However,
agencies and the department shall not place a child, developmentally disabled person, or expectant mother in a home until
the home is licensed. Foster-family homes shall be inspected
prior to licensure, except that inspection by the department is
not required if the foster-family home is under the supervision of a licensed agency upon certification to the department
by the licensed agency that such homes meet the requirements for foster homes as adopted pursuant to chapter 74.15
RCW and RCW 74.13.031. [1982 c 118 § 7; 1979 c 141 §
356; 1967 c 172 § 4.]
74.15.050
74.15.050 Fire protection—Powers and duties of
chief of the Washington state patrol. The chief of the
Washington state patrol, through the director of fire protection, shall have the power and it shall be his or her duty:
(1) In consultation with the children's services advisory
committee and with the advice and assistance of persons representative of the various type agencies to be licensed, to
adopt recognized minimum standard requirements pertaining
to each category of agency established pursuant to chapter
74.15 RCW and RCW 74.13.031, except foster-family homes
and child-placing agencies, necessary to protect all persons
residing therein from fire hazards;
(2) To make or cause to be made such inspections and
investigations of agencies, other than foster-family homes or
child-placing agencies, as he or she deems necessary;
(2004 Ed.)
Care of Children, Expectant Mothers, Developmentally Disabled
74.15.100
74.15.080
(3) To make a periodic review of requirements under
RCW 74.15.030(7) and to adopt necessary changes after consultation as required in subsection (1) of this section;
(4) To issue to applicants for licenses hereunder, other
than foster-family homes or child-placing agencies, who
comply with the requirements, a certificate of compliance, a
copy of which shall be presented to the department of social
and health services before a license shall be issued, except
that a *provisional license may be issued as provided in RCW
74.15.120. [1995 c 369 § 62; 1986 c 266 § 123; 1982 c 118 §
8; 1979 c 141 § 357; 1967 c 172 § 5.]
74.15.080 Access to agencies, records. All agencies
subject to chapter 74.15 RCW and RCW 74.13.031 shall
accord the department of social and health services, the secretary of health, the chief of the Washington state patrol, and
the director of fire protection, or their designees, the right of
entrance and the privilege of access to and inspection of
records for the purpose of determining whether or not there is
compliance with the provisions of chapter 74.15 RCW and
RCW 74.13.031 and the requirements adopted thereunder.
[1995 c 369 § 63; 1989 1st ex.s. c 9 § 266; 1986 c 266 § 124;
1979 c 141 § 359; 1967 c 172 § 8.]
*Reviser's note: "Provisional license" redesignated "initial license" by
1995 c 311 § 22.
Effective date—1995 c 369: See note following RCW 43.43.930.
Effective date—1995 c 369: See note following RCW 43.43.930.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1986 c 266: See note following RCW 38.52.005.
74.15.060
74.15.060 Health protection—Powers and duties of
secretary of health. The secretary of health shall have the
power and it shall be his or her duty:
In consultation with the children's services advisory
committee and with the advice and assistance of persons representative of the various type agencies to be licensed, to
develop minimum requirements pertaining to each category
of agency established pursuant to chapter 74.15 RCW and
RCW 74.13.031, necessary to promote the health of all persons residing therein.
The secretary of health or the city, county, or district
health department designated by the secretary shall have the
power and the duty:
(1) To make or cause to be made such inspections and
investigations of agencies as may be deemed necessary; and
(2) To issue to applicants for licenses hereunder who
comply with the requirements adopted hereunder, a certificate of compliance, a copy of which shall be presented to the
department of social and health services before a license shall
be issued, except that a *provisional license may be issued as
provided in RCW 74.15.120. [1991 c 3 § 376; 1989 1st ex.s.
c 9 § 265; 1987 c 524 § 14; 1982 c 118 § 9; 1970 ex.s. c 18 §
14; 1967 c 172 § 6.]
*Reviser's note: "Provisional license" redesignated "initial license" by
1995 c 311 § 22.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
74.15.063
74.15.063 Notice of pesticide use. Licensed day care
centers shall provide notice of pesticide use to parents or
guardians of students and employees pursuant to chapter
17.21 RCW. [2001 c 333 § 5.]
Effective date—2001 c 333: See note following RCW 17.21.020.
74.15.070
74.15.070 Articles of incorporation and amendments—Copies to be furnished to department. A copy of
the articles of incorporation of any agency or amendments to
the articles of existing corporation agencies shall be sent by
the secretary of state to the department of social and health
services at the time such articles or amendments are filed.
[1979 c 141 § 358; 1967 c 172 § 7.]
(2004 Ed.)
74.15.090
74.15.090 Licenses required for agencies. Except as
provided in RCW 74.15.190, it shall hereafter be unlawful for
any agency to receive children, expectant mothers or developmentally disabled persons for supervision or care, or
arrange for the placement of such persons, unless such
agency is licensed as provided in chapter 74.15 RCW. [1987
c 170 § 14; 1982 c 118 § 10; 1977 ex.s. c 80 § 73; 1967 c 172
§ 9.]
Severability—1987 c 170: See note following RCW 13.04.030.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
74.15.100
74.15.100 License application, issuance, duration—
Reclassification. Each agency shall make application for a
license or renewal of license to the department of social and
health services on forms prescribed by the department. A
licensed agency having foster-family homes under its supervision may make application for a license on behalf of any
such foster-family home. Such a foster home license shall
cease to be valid when the home is no longer under the supervision of that agency. Upon receipt of such application, the
department shall either grant or deny a license within ninety
days unless the application is for licensure as a foster-family
home, in which case RCW 74.15.040 shall govern. A license
shall be granted if the agency meets the minimum requirements set forth in chapter 74.15 RCW and RCW 74.13.031
and the departmental requirements consistent herewith,
except that an initial license may be issued as provided in
RCW 74.15.120. Licenses provided for in chapter 74.15
RCW and RCW 74.13.031 shall be issued for a period of
three years. The licensee, however, shall advise the secretary
of any material change in circumstances which might constitute grounds for reclassification of license as to category. The
license issued under this chapter is not transferable and
applies only to the licensee and the location stated in the
application. For licensed foster-family and family day-care
homes having an acceptable history of child care, the license
may remain in effect for two weeks after a move, except that
for the foster-family home this will apply only if the family
remains intact. [1995 c 302 § 8; 1982 c 118 § 11; 1979 c 141
§ 360; 1967 c 172 § 10.]
Intent—1995 c 302: See note following RCW 74.15.010.
[Title 74 RCW—page 87]
74.15.110
Title 74 RCW: Public Assistance
74.15.110 Renewal of licenses. If a licensee desires to
apply for a renewal of its license, a request for a renewal shall
be filed ninety days prior to the expiration date of the license
except that a request for renewal of a foster family home
license shall be filed prior to the expiration of the license. If
the department has failed to act at the time of the expiration
date of the license, the license shall continue in effect until
such time as the department shall act. [1991 c 14 § 1; 1967 c
172 § 11.]
74.15.110
74.15.120
74.15.120 Initial licenses. The secretary of social and
health services may, at his or her discretion, issue an initial
license instead of a full license, to an agency or facility for a
period not to exceed six months, renewable for a period not to
exceed two years, to allow such agency or facility reasonable
time to become eligible for full license. An initial license
shall not be granted to any foster-family home except as specified in this section. An initial license may be granted to a foster-family home only if the following three conditions are
met: (1) The license is limited so that the licensee is authorized to provide care only to a specific child or specific children; (2) the department has determined that the licensee has
a relationship with the child, and the child is comfortable
with the licensee, or that it would otherwise be in the child's
best interest to remain or be placed in the licensee's home;
and (3) the initial license is issued for a period not to exceed
ninety days. [1995 c 311 § 22; 1979 c 141 § 361; 1967 c 172
§ 12.]
74.15.125 Probationary licenses. (1) The department
may issue a probationary license to a licensee who has had a
license but is temporarily unable to comply with a rule or has
been the subject of multiple complaints or concerns about
noncompliance if:
(a) The noncompliance does not present an immediate
threat to the health and well-being of the children but would
be likely to do so if allowed to continue; and
(b) The licensee has a plan approved by the department
to correct the area of noncompliance within the probationary
period.
(2) A probationary license may be issued for up to six
months, and at the discretion of the department it may be
extended for an additional six months. The department shall
immediately terminate the probationary license, if at any time
the noncompliance for which the probationary license was
issued presents an immediate threat to the health or wellbeing of the children.
(3) The department may, at any time, issue a probationary license for due cause that states the conditions of probation.
(4) An existing license is invalidated when a probationary license is issued.
(5) At the expiration of the probationary license, the
department shall reinstate the original license for the remainder of its term, issue a new license, or revoke the original
license.
(6) A right to an adjudicative proceeding shall not accrue
to the licensee whose license has been placed on probationary
status unless the licensee does not agree with the placement
on probationary status and the department then suspends,
revokes, or modifies the license. [1995 c 302 § 7.]
74.15.125
[Title 74 RCW—page 88]
Intent—1995 c 302: See note following RCW 74.15.010.
74.15.130
74.15.130 Licenses—Denial, suspension, revocation,
modification—Procedures—Adjudicative proceedings—
Penalties. (1) An agency may be denied a license, or any
license issued pursuant to chapter 74.15 RCW and RCW
74.13.031 may be suspended, revoked, modified, or not
renewed by the secretary upon proof (a) that the agency has
failed or refused to comply with the provisions of chapter
74.15 RCW and RCW 74.13.031 or the requirements promulgated pursuant to the provisions of chapter 74.15 RCW and
RCW 74.13.031; or (b) that the conditions required for the
issuance of a license under chapter 74.15 RCW and RCW
74.13.031 have ceased to exist with respect to such licenses.
RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification and provides the right to an
adjudicative proceeding.
(2) In any adjudicative proceeding regarding the denial,
modification, suspension, or revocation of a foster family
home license, the department's decision shall be upheld if
there is reasonable cause to believe that:
(a) The applicant or licensee lacks the character, suitability, or competence to care for children placed in out-of-home
care, however, no unfounded report of child abuse or neglect
may be used to deny employment or a license;
(b) The applicant or licensee has failed or refused to
comply with any provision of chapter 74.15 RCW, RCW
74.13.031, or the requirements adopted pursuant to such provisions; or
(c) The conditions required for issuance of a license
under chapter 74.15 RCW and RCW 74.13.031 have ceased
to exist with respect to such licenses.
(3) In any adjudicative proceeding regarding the denial,
modification, suspension, or revocation of any license under
this chapter, other than a foster family home license, the
department's decision shall be upheld if it is supported by a
preponderance of the evidence.
(4) The department may assess civil monetary penalties
upon proof that an agency has failed or refused to comply
with the rules adopted under the provisions of this chapter
and RCW 74.13.031 or that an agency subject to licensing
under this chapter and RCW 74.13.031 is operating without a
license except that civil monetary penalties shall not be levied against a licensed foster home. Monetary penalties levied
against unlicensed agencies that submit an application for
licensure within thirty days of notification and subsequently
become licensed will be forgiven. These penalties may be
assessed in addition to or in lieu of other disciplinary actions.
Civil monetary penalties, if imposed, may be assessed and
collected, with interest, for each day an agency is or was out
of compliance. Civil monetary penalties shall not exceed seventy-five dollars per violation for a family day-care home and
two hundred fifty dollars per violation for group homes, child
day-care centers, and child-placing agencies. Each day upon
which the same or substantially similar action occurs is a separate violation subject to the assessment of a separate penalty.
The department shall provide a notification period before a
monetary penalty is effective and may forgive the penalty
levied if the agency comes into compliance during this
period. The department may suspend, revoke, or not renew a
license for failure to pay a civil monetary penalty it has
(2004 Ed.)
Care of Children, Expectant Mothers, Developmentally Disabled
assessed pursuant to this chapter within ten days after such
assessment becomes final. Chapter 43.20A RCW governs
notice of a civil monetary penalty and provides the right of an
adjudicative proceeding. The preponderance of evidence
standard shall apply in adjudicative proceedings related to
assessment of civil monetary penalties. [1998 c 314 § 6;
1995 c 302 § 5; 1989 c 175 § 149; 1982 c 118 § 12; 1979 c
141 § 362; 1967 c 172 § 13.]
Intent—1995 c 302: See note following RCW 74.15.010.
74.15.190
any other remedy, the secretary may, in the manner provided
by law, upon the advice of the attorney general, who shall
represent the department in the proceeding, maintain an
action in the name of the state for injunction or such other
relief as he may deem advisable against any agency subject to
licensing under the provisions of chapter 74.15 RCW and
RCW 74.13.031 or against any such agency not having a
license as heretofore provided in chapter 74.15 RCW and
RCW 74.13.031. [1979 c 141 § 363; 1967 c 172 § 14.]
Effective date—1989 c 175: See note following RCW 34.05.010.
74.15.150
74.15.132
74.15.132 Adjudicative proceedings—Training for
administrative law judges. (1) The office of administrative
hearings shall not assign nor allow an administrative law
judge to preside over an adjudicative hearing regarding
denial, modification, suspension, or revocation of any license
to provide child care, including foster care, under this chapter, unless such judge has received training related to state
and federal laws and department policies and procedures
regarding:
(a) Child abuse, neglect, and maltreatment;
(b) Child protective services investigations and standards;
(c) Licensing activities and standards;
(d) Child development; and
(e) Parenting skills.
(2) The office of administrative hearings shall develop
and implement a training program that carries out the requirements of this section. The office of administrative hearings
shall consult and coordinate with the department in developing the training program. The department may assist the
office of administrative hearings in developing and providing
training to administrative law judges. [1995 c 302 § 6.]
Intent—1995 c 302: See note following RCW 74.15.010.
74.15.134 License or certificate suspension—Noncompliance with support order—Reissuance. The secretary shall immediately suspend the license or certificate of a
person who has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person
who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all
other requirements for reinstatement during the suspension,
reissuance of the license or certificate shall be automatic
upon the secretary's receipt of a release issued by the department of social and health services stating that the licensee is
in compliance with the order. [1997 c 58 § 858.]
74.15.134
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
74.15.140
74.15.140 Action against licensed or unlicensed agencies authorized. Notwithstanding the existence or pursuit of
(2004 Ed.)
74.15.150 Penalty for operating without license. Any
agency operating without a license shall be guilty of a misdemeanor. This section shall not be enforceable against an
agency until sixty days after the effective date of new rules,
applicable to such agency, have been adopted under chapter
74.15 RCW and RCW 74.13.031. [1982 c 118 § 13; 1967 c
172 § 15.]
74.15.160
74.15.160 Continuation of existing licensing rules.
Existing rules for licensing adopted pursuant to *chapter
74.14 RCW, sections 74.14.010 through 74.14.150, chapter
26, Laws of 1959, shall remain in force and effect until new
rules are adopted under chapter 74.15 RCW and RCW
74.13.031, but not thereafter. [1982 c 118 § 14; 1967 c 172 §
16.]
*Reviser's note: Chapter 74.14 RCW was repealed by 1967 c 172 § 23.
74.15.170
74.15.170 Agencies, homes conducted by religious
organizations—Application of chapter. Nothing in this
chapter or the rules and regulations adopted pursuant thereto
shall be construed as authorizing the supervision, regulation,
or control of the remedial care or treatment of residents of
any agency, children's institution, child placing agency,
maternity home, day or hourly nursery, foster home or other
related institution conducted for or by members of a recognized religious sect, denomination or organization which in
accordance with its creed, tenets, or principles depends for
healing upon prayer in the practice of religion, nor shall the
existence of any of the above conditions militate against the
licensing of such a home or institution. [1967 c 172 § 21.]
74.15.180
74.15.180 Designating home or facility as semisecure facility. The department, pursuant to rules, may
enable any licensed foster family home or group care facility
to be designated as a semi-secure facility, as defined by RCW
13.32A.030. [1979 c 155 § 84.]
Effective date—Severability—1979 c 155: See notes following RCW
13.04.011.
74.15.190
74.15.190 Authority of Indian tribes to license agencies within reservations—Placement of children. The
state of Washington recognizes the authority of Indian tribes
within the state to license agencies, located within the boundaries of a federally recognized Indian reservation, to receive
children for control, care, and maintenance outside their own
homes, or to place, receive, arrange the placement of, or
assist in the placement of children for foster care or adoption.
The department and state licensed child-placing agencies
may place children in tribally licensed facilities if the requirements of RCW 74.15.030 (2)(b) and (3) and supporting rules
[Title 74 RCW—page 89]
74.15.200
Title 74 RCW: Public Assistance
are satisfied before placing the children in such facilities by
the department or any state licensed child-placing agency.
[1987 c 170 § 13.]
Severability—1987 c 170: See note following RCW 13.04.030.
74.15.200
74.15.200 Child abuse and neglect prevention training to parents and day care providers. The department of
social and health services shall have primary responsibility
for providing child abuse and neglect prevention training to
parents and licensed child day care providers of preschool
age children participating in day care programs meeting the
requirements of chapter 74.15 RCW. The department may
limit training under this section to trainers' workshops and
curriculum development using existing resources. [1987 c
489 § 5.]
Intent—1987 c 489: See note following RCW 28A.300.150.
74.15.210
74.15.210 Community facility—Service provider
must report juvenile infractions or violations—Violations
by service provider—Secretary's duties—Rules. (1)
Whenever the secretary contracts with a service provider to
operate a community facility, the contract shall include a
requirement that each service provider must report to the
department any known infraction or violation of conditions
committed by any juvenile under its supervision. The report
must be made immediately upon learning of serious infractions or violations and within twenty-four hours for other
infractions or violations.
(2) The secretary shall adopt rules to implement and
enforce the provisions of this section. The rules shall contain
a schedule of monetary penalties not to exceed the total compensation set forth in the contract, and include provisions that
allow the secretary to terminate all contracts with a service
provider that has violations of this section and the rules
adopted under this section.
(3) The secretary shall document in writing all violations
of this section and the rules adopted under this section, penalties, actions by the department to remove juveniles from a
community facility, and contract terminations. The department shall give great weight to a service provider's record of
violations, penalties, actions by the department to remove
juveniles from a community facility, and contract terminations in determining to execute, renew, or renegotiate a contract with a service provider. [1998 c 269 § 7.]
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
74.15.220
74.15.220 HOPE centers—Establishment—Requirements. The secretary shall establish HOPE centers that provide no more than seventy-five beds across the state and may
establish HOPE centers by contract, within funds appropriated by the legislature specifically for this purpose. HOPE
centers shall be operated in a manner to reasonably assure
that street youth placed there will not run away. Street youth
may leave a HOPE center during the course of the day to
attend school or other necessary appointments, but the street
youth must be accompanied by an administrator or an administrator's designee. The street youth must provide the administration with specific information regarding his or her destination and expected time of return to the HOPE center. Any
[Title 74 RCW—page 90]
street youth who runs away from a HOPE center shall not be
readmitted unless specifically authorized by the street youth's
placement and liaison specialist, and the placement and liaison specialist shall document with specific factual findings
an appropriate basis for readmitting any street youth to a
HOPE center. HOPE centers are required to have the following:
(1) A license issued by the secretary;
(2) A professional with a master's degree in counseling,
social work, or related field and at least one year of experience working with street youth or a bachelor of arts degree in
social work or a related field and five years of experience
working with street youth. This professional staff person may
be contractual or a part-time employee, but must be available
to work with street youth in a HOPE center at a ratio of one
to every fifteen youth staying in a HOPE center. This professional shall be known as a placement and liaison specialist.
Preference shall be given to those professionals cross-credentialed in mental health and chemical dependency. The placement and liaison specialist shall:
(a) Conduct an assessment of the street youth that
includes a determination of the street youth's legal status
regarding residential placement;
(b) Facilitate the street youth's return to his or her legally
authorized residence at the earliest possible date or initiate
processes to arrange legally authorized appropriate placement. Any street youth who may meet the definition of
dependent child under RCW 13.34.030 must be referred to
the department. The department shall determine whether a
dependency petition should be filed under chapter 13.34
RCW. A shelter care hearing must be held within seventytwo hours to authorize out-of-home placement for any youth
the department determines is appropriate for out-of-home
placement under chapter 13.34 RCW. All of the provisions of
chapter 13.32A RCW must be followed for children in need
of services or at-risk youth;
(c) Interface with other relevant resources and system
representatives to secure long-term residential placement and
other needed services for the street youth;
(d) Be assigned immediately to each youth and meet
with the youth within eight hours of the youth receiving
HOPE center services;
(e) Facilitate a physical examination of any street youth
who has not seen a physician within one year prior to residence at a HOPE center and facilitate evaluation by a countydesignated mental health professional, a chemical dependency specialist, or both if appropriate; and
(f) Arrange an educational assessment to measure the
street youth's competency level in reading, writing, and basic
mathematics, and that will measure learning disabilities or
special needs;
(3) Staff trained in development needs of street youth as
determined by the secretary, including an administrator who
is a professional with a master's degree in counseling, social
work, or a related field and at least one year of experience
working with street youth, or a bachelor of arts degree in
social work or a related field and five years of experience
working with street youth, who must work with the placement and liaison specialist to provide appropriate services on
site;
(2004 Ed.)
Care of Children, Expectant Mothers, Developmentally Disabled
74.15.250
(4) A data collection system that measures outcomes for
the population served, and enables research and evaluation
that can be used for future program development and service
delivery. Data collection systems must have confidentiality
rules and protocols developed by the secretary;
(5) Notification requirements that meet the notification
requirements of chapter 13.32A RCW. The youth's arrival
date and time must be logged at intake by HOPE center staff.
The staff must immediately notify law enforcement and
dependency caseworkers if a street youth runs away from a
HOPE center. A child may be transferred to a secure facility
as defined in RCW 13.32A.030 whenever the staff reasonably believes that a street youth is likely to leave the HOPE
center and not return after full consideration of the factors set
forth in RCW 13.32A.130(2)(a) (i) and (ii). The street youth's
temporary placement in the HOPE center must be authorized
by the court or the secretary if the youth is a dependent of the
state under chapter 13.34 RCW or the department is responsible for the youth under chapter 13.32A RCW, or by the
youth's parent or legal custodian, until such time as the parent
can retrieve the youth who is returning to home;
(6) HOPE centers must identify to the department any
street youth it serves who is not returning promptly to home.
The department then must contact the missing children's
clearinghouse identified in chapter 13.60 RCW and either
report the youth's location or report that the youth is the subject of a dependency action and the parent should receive
notice from the department;
(7) Services that provide counseling and education to the
street youth; and
(8) The department shall only award contracts for the
operation of HOPE center beds and responsible living skills
programs in departmental regions: (a) With operating secure
crisis residential centers; or (b) in which the secretary finds
significant progress is made toward opening a secure crisis
residential center. [1999 c 267 § 12.]
adult living. Preference shall be given to those professionals
cross-credentialed in mental health and chemical dependency;
(3) Staff trained in development needs of older adolescents eligible to participate in responsible living skills programs as determined by the secretary;
(4) Transitional living services and a therapeutic model
of service delivery that provides necessary program supervision of residents and at the same time includes a philosophy,
program structure, and treatment planning that emphasizes
achievement of competency in independent living skills.
Independent living skills include achieving basic educational
requirements such as a GED, enrollment in vocational and
technical training programs offered at the community and
vocational colleges, obtaining and maintaining employment;
accomplishing basic life skills such as money management,
nutrition, preparing meals, and cleaning house. A baseline
skill level in ability to function productively and independently shall be determined at entry. Performance shall be
measured and must demonstrate improvement from involvement in the program. Each resident shall have a plan for
achieving independent living skills by the time the resident
leaves the placement. The plan shall be written within the
first thirty days of placement and reviewed every ninety days.
A resident who fails to consistently adhere to the elements of
the plan shall be subject to reassessment by the professional
staff of the program and may be placed outside the program;
and
(5) A data collection system that measures outcomes for
the population served, and enables research and evaluation
that can be used for future program development and service
delivery. Data collection systems must have confidentiality
rules and protocols developed by the secretary.
(6) The department shall not award contracts for the
operation of responsible living skills programs until HOPE
center beds are operational. [1999 c 267 § 13.]
Phase in of beds—1999 c 267 §§ 12 and 13: "Within funds specifically
appropriated by the legislature, HOPE center beds referenced in section 12
of this act and responsible living skills program beds referenced in section 13
of this act shall be phased in at the rate of twenty-five percent each year
beginning January 1, 2000, until the maximum is attained." [1999 c 267 §
26.]
Phase in of beds—Effective date—1999 c 267 §§ 12 and 13: See
notes following RCW 74.15.220.
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
74.15.240
Effective date—1999 c 267 §§ 12 and 13: "Sections 12 and 13 of this
act take effect January 1, 2000." [1999 c 267 § 27.]
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
74.15.230
74.15.230 Responsible living skills programs—
Established—Requirements. The secretary shall establish
responsible living skills programs that provide no more than
seventy-five beds across the state and may establish responsible living skills programs by contract, within funds appropriated by the legislature specifically for this purpose. Responsible living skills programs shall have the following:
(1) A license issued by the secretary;
(2) A professional with a master's degree in counseling,
social work, or related field and at least one year of experience working with street youth available to serve residents or
a bachelor of arts degree in social work or a related field and
five years of experience working with street youth. The professional shall provide counseling services and interface with
other relevant resources and systems to prepare the minor for
(2004 Ed.)
74.15.240 Responsible living skills program—Eligibility. To be eligible for placement in a responsible living
skills program, the minor must be dependent under chapter
13.34 RCW and must have lived in a HOPE center or in a
secure crisis residential center. Responsible living skills centers are intended as a placement alternative for dependent
youth that the department chooses for the youth because no
other services or alternative placements have been successful. Responsible living skills centers are not for dependent
youth whose permanency plan includes return to home or
family reunification. [1999 c 267 § 14.]
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
74.15.250
74.15.250 HOPE centers—Responsible living skills
programs—Licensing authority—Rules. The secretary is
authorized to license HOPE centers and responsible living
skills programs that meet statutory and rule requirements created by the secretary. The secretary is authorized to develop
rules necessary to carry out the provisions of sections 10
[Title 74 RCW—page 91]
74.15.260
Title 74 RCW: Public Assistance
through 26, chapter 267, Laws of 1999. The secretary may
rely upon existing licensing provisions in development of
licensing requirements for HOPE centers and responsible living skills programs, as are appropriate to carry out the intent
of sections 10 through 26, chapter 267, Laws of 1999. HOPE
centers and responsible living skills programs shall be
required to adhere to departmental regulations prohibiting the
use of alcohol, tobacco, controlled substances, violence, and
sexual activity between residents. [1999 c 267 § 15.]
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
74.15.260 HOPE centers—Responsible living skills
programs—Grant proposals—Technical assistance. The
department shall provide technical assistance in preparation
of grant proposals for HOPE centers and responsible living
skills programs to nonprofit organizations unfamiliar with
and inexperienced in submission of requests for proposals to
the department. [1999 c 267 § 21.]
74.15.260
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
74.15.270 HOPE centers—Responsible living skills
programs—Awarding of contracts. The department shall
consider prioritizing, on an ongoing basis, the awarding of
contracts for HOPE centers and responsible living skills programs to providers who have not traditionally been awarded
contracts with the department. [1999 c 267 § 22.]
74.15.270
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
74.15.280 Emergency respite centers—Licensing—
Rules. The secretary is authorized to license emergency
respite centers. The department may adopt rules to specify
licensing requirements for emergency respite centers. [2001
c 230 § 2.]
74.15.280
74.15.900 Short title—Purpose—Entitlement not
granted—1999 c 267 §§ 10-26. Sections 10 through 26,
chapter 267, Laws of 1999 may be referred to as the homeless
youth prevention, protection, and education act, or the HOPE
act. Every day many youth in this state seek shelter out on the
street. A nurturing nuclear family does not exist for them, and
state-sponsored alternatives such as foster homes do not meet
the demand and isolate youth, who feel like outsiders in families not their own. The legislature recognizes the need to
develop placement alternatives for dependent youth ages sixteen to eighteen, who are living on the street. The HOPE act
is an effort to engage youth and provide them access to services through development of life skills in a setting that supports them. Nothing in sections 10 through 26, chapter 267,
Laws of 1999 shall constitute an entitlement. [1999 c 267 §
10.]
74.15.900
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
74.15.901 Federal waivers—1999 c 267 §§ 10-26. The
department of social and health services shall seek any necessary federal waivers for federal funding of the programs created under sections 10 through 26, chapter 267, Laws of
1999. The department shall pursue federal funding sources
74.15.901
[Title 74 RCW—page 92]
for the programs created under sections 10 through 26, chapter 267, Laws of 1999, and report to the legislature any statutory barriers to federal funding. [1999 c 267 § 23.]
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Chapter 74.18 RCW
DEPARTMENT OF SERVICES FOR THE BLIND
Chapter 74.18
Sections
74.18.010
74.18.020
74.18.030
74.18.040
74.18.045
74.18.050
74.18.060
74.18.070
74.18.080
74.18.090
74.18.100
74.18.110
74.18.120
74.18.123
74.18.127
74.18.130
74.18.140
74.18.150
74.18.170
74.18.180
74.18.190
74.18.200
74.18.210
74.18.220
74.18.230
74.18.901
74.18.902
74.18.903
Intent.
Definitions.
Department created.
Director—Appointment—Salary.
Telephonic reading service.
Appointment of personnel.
Department—Powers and duties.
Rehabilitation council for the blind—Membership.
Rehabilitation council for the blind—Meetings—Travel
expenses.
Rehabilitation council for the blind—Powers.
Rehabilitation council for the blind—Director to consult.
Receipt of gifts, grants, and bequests.
Administrative hearing—Appeal—Rules.
Background checks—Individuals having unsupervised access
to persons with significant disabilities—Rules.
Confidentiality of personal information, records—Rules.
Vocational rehabilitation—Eligibility.
Vocational rehabilitation—Services.
Vocational rehabilitation—Grants of equipment and material.
Rehabilitation or habilitation facilities authorized.
Services for independent living.
Services to blind children and their families.
Business enterprises program—Definitions.
Business enterprises program—Purposes.
Business enterprises program—Vending facilities in public
buildings.
Business enterprises revolving account.
Conflict with federal requirements.
Severability—1983 c 194.
Effective dates—1983 c 194.
74.18.010 Intent. The purposes of this chapter are to
promote employment and independence of blind persons in
the state of Washington through their complete integration
into society on the basis of equality, and to encourage public
acceptance of the abilities of blind persons. [2003 c 409 § 2;
1983 c 194 § 1.]
74.18.010
Findings—2003 c 409: "The legislature finds and declares the following:
(1) Thousands of citizens in the state have disabilities, including blindness or visual impairment, that prevent them from using conventional print
material.
(2) Governmental and nonprofit organizations provide access to reading material by specialized means, including books and magazines prepared
in braille, audio, and large-type formats.
(3) Access to time-sensitive or local or regional publications, or both,
is not feasible to produce through these traditional means and formats.
(4) Lack of direct and prompt access to information included in newspapers, magazines, newsletters, schedules, announcements, and other timesensitive materials limits educational opportunities, literacy, and full participation in society by people with print disabilities.
(5) Creation and storage of information by computer results in electronic files used for publishing and distribution.
(6) The use of high-speed computer and telecommunications technology combined with customized software provides a practical and cost-effective means to convert electronic text-based information, including daily
newspapers, into synthetic speech suitable for statewide distribution by telephone.
(7) Telephonic distribution of time-sensitive information, including
daily newspapers, will enhance the state's current efforts to meet the needs of
blind and disabled citizens for access to information which is otherwise
available in print, thereby reducing isolation and supporting full integration
and equal access for such individuals." [2003 c 409 § 1.]
(2004 Ed.)
Department of Services for The Blind
74.18.020
74.18.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means an agency of state government
called the department of services for the blind.
(2) "Director" means the director of the department of
services for the blind. The director is appointed by the governor with the consent of the senate.
(3) "Rehabilitation council for the blind" means the body
of members appointed by the governor in accordance with
the provisions of RCW 74.18.070 to advise the state agency.
(4) "Blind person" means a person who: (a) Has no
vision or whose vision with corrective lenses is so limited
that the individual requires alternative methods or skills to do
efficiently those things that are ordinarily done with sight by
individuals with normal vision; (b) has an eye condition of a
progressive nature which may lead to blindness; or (c) is
blind for purposes of the business enterprise program as set
forth in RCW 74.18.200 through 74.18.230 in accordance
with requirements of the Randolph-Sheppard Act of 1936.
(5) "Telephonic reading service" means audio information provided by telephone, including the acquisition and distribution of daily newspapers and other information of local,
state, or national interest. [2003 c 409 § 3; 1983 c 194 § 2.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.030
74.18.030 Department created. There is hereby created an agency of state government to be known as the
department of services for the blind. The department shall
deliver services to blind persons to the extent that appropriations are made available, provided that applicants meet the
eligibility criteria for services authorized by this chapter.
[1983 c 194 § 3.]
74.18.040
74.18.040 Director—Appointment—Salary. The
executive head of the department shall be the director of the
department of services for the blind. The director shall be
appointed by the governor, with the consent of the senate, and
hold office at the pleasure of the governor. The director's salary shall be fixed by the governor in accordance with the provisions of RCW 43.03.040. [1983 c 194 § 4.]
74.18.045
74.18.045 Telephonic reading service. (1)(a) The
director shall provide access to a telephonic reading service
for blind and disabled persons.
(b) The director shall establish criteria for eligibility for
blind and disabled persons who may receive the telephonic
reading services. The criteria may be based upon the eligibility criteria for persons who receive services established by
the national library service for the blind and physically handicapped of the library of congress.
(2) The director may enter into contracts or other agreements that he or she determines to be appropriate to provide
telephonic reading services pursuant to this section.
(3) The director may expand the type and scope of materials available on the telephonic reading service in order to
meet the local, regional, or foreign language needs of blind or
visually impaired residents of this state. The director may
also expand the scope of services and availability of telephonic reading services by current methods and technologies
(2004 Ed.)
74.18.070
that may be developed. The director may inform current and
potential patrons of the availability of telephonic reading services through appropriate means, including, but not limited
to, direct mailings, direct telephonic contact, and public service announcements.
(4) The director may expend moneys from the business
enterprises revolving account accrued from vending machine
sales in state and local government buildings, as well as
donations and grants, for the purpose of supporting the cost
of activities described in this section. [2003 c 409 § 4.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.050
74.18.050 Appointment of personnel. The director
may appoint such personnel as necessary, none of whom
shall be members of the rehabilitation council for the blind.
The director and other personnel who are assigned substantial
responsibility for formulating agency policy or directing and
controlling a major administrative division, together with
their confidential secretaries, up to a maximum of six persons, shall be exempt from the provisions of chapter 41.06
RCW. [2003 c 409 § 5; 1983 c 194 § 5.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.060
74.18.060 Department—Powers and duties. The
department shall:
(1) Serve as the sole agency of the state for contracting
for and disbursing all federal and state funds appropriated for
programs established by and within the jurisdiction of this
chapter, and make reports and render accounting as may be
required;
(2) Adopt rules, in accordance with chapter 34.05 RCW,
necessary to carry out the purposes of this chapter;
(3) Negotiate agreements with other state agencies to
provide services so that individuals of any age who are blind
or are both blind and otherwise disabled receive the most
beneficial services. [2003 c 409 § 6; 1983 c 194 § 6.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.070
74.18.070 Rehabilitation council for the blind—
Membership. (1) There is hereby created the rehabilitation
council for the blind. The rehabilitation council shall consist
of the minimum number of voting members to meet the
requirements of the rehabilitation council required under the
federal rehabilitation act of 1973 as now or hereafter
amended. A majority of the voting members shall be blind
persons. Rehabilitation council members shall be residents
of the state of Washington, and shall be appointed in accordance with the categories of membership specified in the federal rehabilitation act of 1973 as now or hereafter amended.
The director of the department shall be an ex officio, nonvoting member.
(2) The governor shall appoint members of the rehabilitation council for terms of three years, except that the initial
appointments shall be as follows: (a) Three members for
terms of three years; (b) two members for terms of two years;
and (c) other members for terms of one year. Vacancies in
the membership of the rehabilitation council shall be filled by
the governor for the remainder of the unexpired term.
[Title 74 RCW—page 93]
74.18.080
Title 74 RCW: Public Assistance
(3) The governor may remove members of the rehabilitation council for cause. [2003 c 409 § 7; 2000 c 57 § 1; 1983
c 194 § 7.]
dance with the conditions of its receipt. [2003 c 409 § 9;
1983 c 194 § 11.]
Findings—2003 c 409: See note following RCW 74.18.010.
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.120
74.18.080
74.18.080 Rehabilitation council for the blind—
Meetings—Travel expenses. (1) The rehabilitation council
for the blind shall meet officially with the director of the
department quarterly to perform the duties enumerated in
RCW 74.18.090. Additional meetings of the rehabilitation
council may be convened at the call of the chairperson or of a
majority of the members. The rehabilitation council shall
elect a chairperson from among its members for a term of one
year or until a successor has been elected.
(2) Rehabilitation council members shall receive reimbursement for travel expenses incurred in the performance of
their official duties in accordance with RCW 43.03.050 and
43.03.060. [2000 c 57 § 2; 1983 c 194 § 8.]
74.18.090
74.18.090 Rehabilitation council for the blind—Powers. The rehabilitation council for the blind may:
(1) Provide counsel to the director in developing,
reviewing, making recommendations, and agreeing on the
department's state plan for vocational rehabilitation, budget
requests, permanent rules concerning services to blind persons, and other major policies which impact the quality or
quantity of services for blind persons;
(2) Undertake annual reviews with the director of the
needs of blind persons, the effectiveness of the services and
priorities of the department to meet those needs, and the measures that could be taken to improve the department's services;
(3) Annually make recommendations to the governor
and the legislature on issues related to the department, other
state agencies, or state laws which have a significant effect on
the opportunities, services, or rights of blind persons;
(4) Advise and make recommendations to the governor
on the criteria and qualifications pertinent to the selection of
the director;
(5) Perform additional functions as required by the federal rehabilitation act of 1973 as now or hereafter amended.
[2003 c 409 § 8; 2000 c 57 § 3; 1983 c 194 § 9.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.100
74.18.100 Rehabilitation council for the blind—
Director to consult. It shall be the duty of the director to
consult in a timely manner with the rehabilitation council for
the blind on the matters enumerated in RCW 74.18.090. The
director shall provide appropriate departmental resources for
the use of the rehabilitation council in conducting its official
business. [2000 c 57 § 4; 1983 c 194 § 10.]
74.18.110
74.18.110 Receipt of gifts, grants, and bequests. The
department may receive, accept, and disburse gifts, grants,
conveyances, devises, and bequests from public or private
sources, in trust or otherwise, if the terms and conditions
thereof will provide services for blind persons in a manner
consistent with the purposes of this chapter and with other
provisions of law. Any money so received shall be deposited
in the state treasury for investment or expenditure in accor[Title 74 RCW—page 94]
74.18.120 Administrative hearing—Appeal—Rules.
(1) An applicant or eligible person who is dissatisfied with a
decision, action, or inaction made by the department or its
agents regarding that person's eligibility or department services provided to that person is entitled to an administrative
hearing. Such administrative hearings shall be conducted
pursuant to chapter 34.05 RCW by an administrative law
judge.
(2) The applicant or eligible individual may appeal final
decisions issued following administrative hearings under
RCW 34.05.510 through 34.05.598.
(3) The department shall develop rules governing other
processes for dispute resolution as required under the federal
rehabilitation act of 1973. [2003 c 409 § 10; 1989 c 175 §
150; 1983 c 194 § 12.]
Findings—2003 c 409: See note following RCW 74.18.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
74.18.123
74.18.123 Background checks—Individuals having
unsupervised access to persons with significant disabilities—Rules. (1) The department shall investigate the conviction records, pending charges, and disciplinary board final
decisions of individuals acting on behalf of the department
who will or may have unsupervised access to persons with
significant disabilities as defined by the federal rehabilitation
act of 1973. This includes:
(a) Current employees of the department;
(b) Applicants seeking or being considered for any position with the department; and
(c) Any service provider, contractor, student intern, volunteer, or other individual acting on behalf of the department.
(2) The investigation shall consist of a background check
as allowed through the Washington state criminal records privacy act under RCW 10.97.050, the Washington state patrol
criminal identification system under RCW 43.43.832 through
43.43.834, and the federal bureau of investigation. The background check shall include a fingerprint check using a complete Washington state criminal identification fingerprint
card. If the applicant or service provider has had a background check within the previous two years, the department
may waive the requirement.
(3) When necessary, applicants may be employed and
service providers may be engaged on a conditional basis
pending completion of the background check.
(4) The department shall use the information solely to
determine the character, suitability, and competence of
employees, applicants, service providers, contractors, student
interns, volunteers, and other individuals in accordance with
RCW 41.06.475.
(5) The department shall adopt rules addressing procedures for undertaking background checks which shall
include, but not be limited to, the following:
(a) The manner in which the individual will be provided
access to and review of information obtained based on the
background check required;
(2004 Ed.)
Department of Services for The Blind
(b) Assurance that access to background check information shall be limited to only those individuals processing the
information at the department;
(c) Action that shall be taken against a current employee,
service provider, contractor, student intern, or volunteer who
is disqualified from a position because of a background check
not previously performed.
(6) The department shall determine who will pay costs
associated with the background check. [2003 c 409 § 11.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.127
74.18.127 Confidentiality of personal information,
records—Rules. (1) Personal information and records
obtained and retained by the department concerning applicants and eligible individuals are confidential, are not subject
to public disclosure, and may be released only in accordance
with law or with this provision.
(2) The department shall adopt rules and develop contract language to safeguard the confidentiality of all personal
information, including photographs and lists of names. Rules
and contract language shall ensure that:
(a) Specific safeguards are established to protect all current and future stored personal information;
(b) Specific safeguards and procedures are established
for the release of personal health information in accordance
with the health insurance portability and accountability act of
1996, 45 C.F.R. 160 through 45 C.F.R. 164;
(c) All applicants and eligible individuals and, as appropriate, those individuals' representatives, service providers,
cooperating agencies, and interested persons are informed
upon initial intake of the confidentiality of personal information and the conditions for accessing and releasing this information;
(d) All applicants or their representatives are informed
about the department's need to collect personal information
and the policies governing its use, including: (i) Identification of the authority under which information is collected; (ii)
explanation of the principal purposes for which the department intends to use or release the information; (iii) explanation of whether providing requested information to the
department is mandatory or voluntary and the effects of not
providing requested information; (iv) identification of those
situations in which the department requires or does not
require informed written consent of the individual before
information may be released; and (v) identification of other
agencies to which information is routinely released; and
(e) An explanation of department policies and procedures affecting personal information will be provided at
intake or on request to each individual in that individual's
native language and in an appropriate format including but
not limited to braille, audio recording, electronic media, or
large print. [2003 c 409 § 12.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.130
74.18.130 Vocational rehabilitation—Eligibility. The
department shall provide a program of vocational rehabilitation to assist blind persons to overcome barriers to employment and to develop skills necessary for employment and
independence. Applicants eligible for vocational rehabilitation services shall be blind persons who also meet eligibility
(2004 Ed.)
74.18.190
requirements as specified in the federal rehabilitation act of
1973. [2003 c 409 § 13; 1983 c 194 § 13.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.140
74.18.140 Vocational rehabilitation—Services. The
department shall ensure that vocational rehabilitation services in accordance with requirements under the federal rehabilitation act of 1973 are available to meet the identified
requirements of each eligible individual in preparing for,
securing, retaining, or regaining an employment outcome that
is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed
choice. [2003 c 409 § 14; 1983 c 194 § 14.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.150
74.18.150 Vocational rehabilitation—Grants of
equipment and material. The department may grant to eligible participants in the vocational rehabilitation program
equipment and materials in accordance with the provisions
related to transfer of capital assets as set forth by the office of
financial management in the state administrative and
accounting manual, provided that the equipment or materials
are required by the individual's plan for employment and are
used in a manner consistent therewith. The department shall
adopt rules to implement this section. [2003 c 409 § 15; 1996
c 7 § 1; 1983 c 194 § 15.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.170
74.18.170 Rehabilitation or habilitation facilities
authorized. The department may establish, construct, and/or
operate rehabilitation or habilitation facilities to provide
instruction in alternative skills necessary to adjust to blindness or substantial vision loss, to assist blind persons to
develop increased confidence and independence, or to provide other services consistent with the purposes of this chapter. The department shall adopt rules concerning selection
criteria for participation, services, and other matters necessary for efficient and effective operation of such facilities.
[2003 c 409 § 16; 1983 c 194 § 16.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.180
74.18.180 Services for independent living. (1) The
department may provide a program of independent living services for blind persons who are not seeking vocational rehabilitation services.
(2) Independent living services may include, but are not
limited to, instruction in adaptive skills of blindness, counseling regarding adjustment to vision loss, and provision of
adaptive devices that enable service recipients to participate
in the community and maintain or increase their independence. [2003 c 409 § 17; 1983 c 194 § 18.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.190
74.18.190 Services to blind children and their families. (1) The department may offer services to assist blind
children and their families to learn skills and locate resources
which increase the child's ability for personal development
and participation in society.
(2) Services provided under this section may include:
[Title 74 RCW—page 95]
74.18.200
Title 74 RCW: Public Assistance
(a) Direct consultation with blind children and their families to provide needs assessment, counseling, developmental
training, adaptive skills, and information regarding other
available resources;
(b) Consultation and technical assistance in all sectors of
society, at the request of a blind child, his or her family, or a
service provider working with the child or family, to assure
the blind child's rights to participate fully in educational,
vocational, and social opportunities. The department is
encouraged to establish working agreements and arrangements with community organizations and other state agencies
which provide services to blind children.
(3) To facilitate the coordination of services to blind
children and their families, the office of superintendent of
public instruction and the department of services for the blind
shall negotiate an interagency agreement providing for coordinated service delivery and the sharing of information
between the two agencies, including an annual register of
blind students in the state of Washington. [1983 c 194 § 19.]
wise exempted by statute. Such right may, at the sole discretion of the department, be waived in the event that the department is temporarily unable to assert the priority. [2003 c 409
§ 18; 1985 c 97 § 1; 1983 c 194 § 20.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.210
74.18.210 Business enterprises program—Purposes.
The department shall maintain or cause to be maintained a
business enterprises program for blind persons to operate
vending facilities in public buildings. The purposes of the
business enterprises program are to implement the RandolphSheppard Act and thereby give priority to qualified blind persons in operating vending facilities on federal property, to
make similar provisions for vending facilities in public buildings in the state of Washington and thereby increase employment opportunities for blind persons, and to encourage blind
persons to become successful, independent business persons.
[2003 c 409 § 19; 1983 c 194 § 21.]
Findings—2003 c 409: See note following RCW 74.18.010.
74.18.200 Business enterprises program—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply in RCW 74.18.200 through
74.18.230.
(1) "Business enterprises program" means a program
operated by the department under the federal RandolphSheppard Act, 20 U.S.C. Sec. 107 et seq., and under this
chapter in support of blind persons operating vending businesses in public buildings.
(2) "Vending facility" means any stand, snack bar, cafeteria, or business at which food, tobacco, sundries, or other
retail merchandise or service is sold or provided.
(3) "Vending machine" means any coin-operated
machine that sells or provides food, tobacco, sundries, or
other retail merchandise or service.
(4) "Blind person" means a person whose central visual
acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is
accompanied by a limit to the field of vision in the better eye
to such a degree that its widest diameter subtends an angle of
no greater than twenty degrees. In determining whether an
individual is blind, there shall be an examination by a physician skilled in diseases of the eye, or by an optometrist,
whichever the individual selects.
(5) "Licensee" means a blind person licensed by the state
of Washington under the Randolph-Sheppard Act, this chapter, and the rules issued hereunder.
(6) "Public building" means any building and immediately adjacent outdoor space associated therewith, such as a
patio or entryway, which is: (a) Owned by the state of Washington or any political subdivision thereof or any space
leased by the state of Washington or any political subdivision
thereof in any privately-owned building; and (b) dedicated to
the administrative functions of the state or any political subdivision. However, this term shall not include property under
the jurisdiction and control of a local board of education
without the consent of such board.
(7) "Priority" means the department has first and primary
right to operate the food service and vending facilities,
including vending machines, on federal, state, county, municipal, and other local government property except those other74.18.200
[Title 74 RCW—page 96]
74.18.220
74.18.220 Business enterprises program—Vending
facilities in public buildings. (1) The department is authorized to license blind persons to operate vending facilities and
vending machines on federal property and in public buildings.
(2) The state, political subdivisions thereof, and agencies
of the state, or political subdivisions thereof shall give priority to licensees in the operation of vending facilities and
vending machines in public buildings. [1983 c 194 § 22.]
74.18.230
74.18.230 Business enterprises revolving account. (1)
There is established in the state treasury an account known as
the business enterprises revolving account.
(2) The net proceeds from any vending machine operation in a public building, other than an operation managed by
a licensee, shall be made payable to the business enterprises
program, which will pay only the blind vendors' portion, at
the subscriber's rate, for the purpose of funding a plan of
health insurance for blind vendors, as provided in RCW
41.05.225. Net proceeds, for purposes of this section, means
gross sales less state sales tax and a fair minimum return to
the vending machine owner or service provider, which return
shall be a reasonable amount to be determined by the department.
(3) All federal moneys in the business enterprises revolving account shall be expended only for development and
expansion of locations, equipment, management services,
and payments to licensees in the business enterprises program.
(4) The business enterprises program shall be supported
by the business enterprises revolving account and by income
which may accrue to the department pursuant to the federal
Randolph-Sheppard Act. [2003 c 409 § 20; 2002 c 71 § 2;
1993 c 369 § 1; 1991 sp.s. c 13 §§ 19, 116. Prior: 1985 c 97
§ 2; 1985 c 57 § 72; 1983 c 194 § 23.]
Findings—2003 c 409: See note following RCW 74.18.010.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
(2004 Ed.)
Support of Dependent Children
74.18.901
74.18.901 Conflict with federal requirements. If any
part of this chapter is found to be in conflict with federal
requirements which are a condition precedent to the allocation of federal funds to the state, the conflicting part of this
chapter is hereby declared to be inoperative solely to the
extent of the conflict, and the findings or determination shall
not affect the operation of the remainder of this chapter.
[1983 c 194 § 25.]
74.18.902
74.18.902 Severability—1983 c 194. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 194 § 31.]
74.18.903
74.18.903 Effective dates—1983 c 194. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions. Section 27 of this act which transfers functions from the commission for the blind to the
department of social and health services and section 26 of this
act shall take effect immediately. All other sections of this act
shall take effect June 30, 1983. [1983 c 194 § 33.]
Chapter 74.20
Chapter 74.20 RCW
SUPPORT OF DEPENDENT CHILDREN
Sections
74.20.010
74.20.021
74.20.040
74.20.045
74.20.055
74.20.057
74.20.060
74.20.065
74.20.101
74.20.160
74.20.210
74.20.220
74.20.225
74.20.230
74.20.240
74.20.250
74.20.260
74.20.280
74.20.300
74.20.310
74.20.320
74.20.330
74.20.340
(2004 Ed.)
Purpose—Legislative intent—Chapter to be liberally construed.
Definitions.
Duty of department to enforce child support—Requests for
support enforcement services—Schedule of fees—Waiver—
Rules.
Employment status—Self-employed individuals—Enforcement.
Designated agency under federal law—Role of prosecuting
attorneys.
Adjudicative proceedings—Role of department.
Cooperation by person having custody of child—Penalty.
Wrongful deprivation of custody—Legal custodian excused
from support payments.
Payment of support moneys to state support registry—
Notice—Effects of noncompliance.
Department may disclose information to internal revenue
department.
Attorney general may act under Uniform Reciprocal Enforcement of Support Act pursuant to agreement with prosecuting
attorney.
Powers of department through the attorney general or prosecuting attorney.
Subpoena authority—Enforcement.
Petition for support order by married parent with minor children who are receiving public assistance.
Petition for support order by married parent with minor children who are receiving public assistance—Order—Powers
of court.
Petition for support order by married parent with minor children who are receiving public assistance—Waiver of filing
fees.
Financial statements by parent whose absence is basis of application for public assistance.
Central unit for information and administration—Cooperation
enjoined—Availability of records.
Department exempt from fees relating to paternity or support.
Guardian ad litem in actions brought to determine parent and
child relationship—Notice.
Custodian to remit support moneys when department has support obligation—Noncompliance.
Payment of public assistance as assignment of rights to support—Department authorized to provide services.
Employees' case workload standards.
74.20.350
74.20.360
74.20.040
Costs and attorneys' fees.
Orders for genetic testing.
Child support registry: Chapter 26.23 RCW.
Temporary assistance for needy families: Chapter 74.12 RCW.
74.20.010
74.20.010 Purpose—Legislative intent—Chapter to
be liberally construed. It is the responsibility of the state of
Washington through the state department of social and health
services to conserve the expenditure of public assistance
funds, whenever possible, in order that such funds shall not
be expended if there are private funds available or which can
be made available by judicial process or otherwise to partially or completely meet the financial needs of the children
of this state. The failure of parents to provide adequate financial support and care for their children is a major cause of
financial dependency and a contributing cause of social
delinquency.
The purpose of this chapter is to provide the state of
Washington, through the department of social and health services, a more effective and efficient way to effect the support
of dependent children by the person or persons who, under
the law, are primarily responsible for such support and to
lighten the heavy burden of the taxpayer, who in many
instances is paying toward the support of dependent children
while those persons primarily responsible are avoiding their
obligations. It is the intention of the legislature that the powers delegated to the said department in this chapter be liberally construed to the end that persons legally responsible for
the care and support of children within the state be required to
assume their legal obligations in order to reduce the financial
cost to the state of Washington in providing public assistance
funds for the care of children. It is the intention of the legislature that the department provide sufficient staff to carry out
the purposes of this chapter, chapter 74.20A RCW, the abandonment and nonsupport statutes, and any applicable federal
support enforcement statute administered by the department.
It is also the intent of the legislature that the staff responsible
for support enforcement be encouraged to conduct their support enforcement duties with fairness, courtesy, and the highest professional standards. [1979 ex.s. c 171 § 24; 1979 c 141
§ 364; 1963 c 206 § 1; 1959 c 322 § 2.]
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20.021
74.20.021 Definitions.
See RCW 74.20A.020.
74.20.040
74.20.040 Duty of department to enforce child support—Requests for support enforcement services—
Schedule of fees—Waiver—Rules. (1) Whenever the
department receives an application for public assistance on
behalf of a child, the department shall take appropriate action
under the provisions of this chapter, chapter 74.20A RCW, or
other appropriate statutes of this state to establish or enforce
support obligations against the parent or other persons owing
a duty to pay support moneys.
(2) The secretary may accept a request for support
enforcement services on behalf of persons who are not recipients of public assistance and may take appropriate action to
establish or enforce support obligations against the parent or
other persons owing a duty to pay moneys. Requests accepted
under this subsection may be conditioned upon the payment
of a fee as required through regulation issued by the secre[Title 74 RCW—page 97]
74.20.045
Title 74 RCW: Public Assistance
tary. The secretary may establish by regulation, reasonable
standards and qualifications for support enforcement services
under this subsection.
(3) The secretary may accept requests for support
enforcement services from child support enforcement agencies in other states operating child support programs under
Title IV-D of the social security act or from foreign countries,
and may take appropriate action to establish and enforce support obligations, or to enforce subpoenas, information
requests, orders for genetic testing, and collection actions
issued by the other agency against the parent or other person
owing a duty to pay support moneys, the parent or other person's employer, or any other person or entity properly subject
to child support collection or information-gathering processes. The request shall contain and be accompanied by such
information and documentation as the secretary may by rule
require, and be signed by an authorized representative of the
agency. The secretary may adopt rules setting forth the duration and nature of services provided under this subsection.
(4) The department may take action to establish, enforce,
and collect a support obligation, including performing related
services, under this chapter and chapter 74.20A RCW, or
through the attorney general or prosecuting attorney for
action under chapter 26.09, 26.18, 26.20, 26.21, or 26.26
RCW or other appropriate statutes or the common law of this
state.
(5) Whenever a support order is filed with the Washington state support registry under chapter 26.23 RCW, the
department may take appropriate action under the provisions
of this chapter, chapter 26.23 or 74.20A RCW, or other
appropriate law of this state to establish or enforce the support obligations contained in that order against the responsible parent or other persons owing a duty to pay support moneys.
(6) The secretary may charge and collect a fee from the
person obligated to pay support to compensate the department for services rendered in establishment of or enforcement of support obligations. This fee shall be limited to not
more than ten percent of any support money collected as a
result of action taken by the secretary. The fee charged shall
be in addition to the support obligation. In no event may any
moneys collected by the department from the person obligated to pay support be retained as satisfaction of fees
charged until all current support obligations have been satisfied. The secretary shall by regulation establish reasonable
fees for support enforcement services and said schedule of
fees shall be made available to any person obligated to pay
support. The secretary may, on showing of necessity, waive
or defer any such fee.
(7) Fees, due and owing, may be collected as delinquent
support moneys utilizing any of the remedies in chapter 74.20
RCW, chapter 74.20A RCW, chapter 26.21 RCW, or any
other remedy at law or equity available to the department or
any agencies with whom it has a cooperative or contractual
arrangement to establish, enforce, or collect support moneys
or support obligations.
(8) The secretary may waive the fee, or any portion
thereof, as a part of a compromise of disputed claims or may
grant partial or total charge off of said fee if the secretary
finds there are no available, practical, or lawful means by
[Title 74 RCW—page 98]
which said fee may be collected or to facilitate payment of
the amount of delinquent support moneys owed.
(9) The secretary shall adopt rules conforming to federal
laws, rules, and regulations required to be observed in maintaining the state child support enforcement program required
under Title IV-D of the federal social security act. The adoption of these rules shall be calculated to promote the costeffective use of the agency's resources and not otherwise
cause the agency to divert its resources from its essential
functions. [1997 c 58 § 891; 1989 c 360 § 12; 1985 c 276 §
1; 1984 c 260 § 29; 1982 c 201 § 20; 1973 1st ex.s. c 183 § 1;
1971 ex.s. c 213 § 1; 1963 c 206 § 3; 1959 c 322 § 5.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Severability—1984 c 260: See RCW 26.18.900.
74.20.045
74.20.045 Employment status—Self-employed individuals—Enforcement. The office of support enforcement
shall, as a matter of policy, use all available remedies for the
enforcement of support obligations where the obligor is a
self-employed individual. The office of support enforcement
shall not discriminate in favor of certain obligors based upon
employment status. [1994 c 299 § 16.]
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
74.20.055
74.20.055 Designated agency under federal law—
Role of prosecuting attorneys. The department of social
and health services office of support enforcement is the designated agency in Washington state to administer the child
support program under Title IV-D of the federal social security act and is responsible for providing necessary and mandated support enforcement services and ensuring that such
services are available statewide. It is the intent of the legislature to enhance the total child support program in this state by
granting the office of support enforcement administrative
powers and flexibility. If the exercise of this authority is used
to supplant or replace the role of the prosecuting attorneys for
reasons other than economy or federal compliance, the Washington association of prosecuting attorneys shall report to the
committees on judiciary of the senate and house of representatives. [1985 c 276 § 17.]
74.20.057
74.20.057 Adjudicative proceedings—Role of
department. When the department appears or participates in
an adjudicative proceeding under chapter 26.23 or 74.20A
RCW it shall:
(1) Act in furtherance of the state's financial interest in
the matter;
(2) Act in the best interests of the children of the state;
(3) Facilitate the resolution of the controversy; and
(4) Make independent recommendations to ensure the
integrity and proper application of the law and process.
In the proceedings the department does not act on behalf
or as an agent or representative of an individual. [1994 c 230
§ 18.]
74.20.060
74.20.060 Cooperation by person having custody of
child—Penalty. Any person having the care, custody or
(2004 Ed.)
Support of Dependent Children
control of any dependent child or children who shall fail or
refuse to cooperate with the department of social and health
services, any prosecuting attorney or the attorney general in
the course of administration of provisions of this chapter
shall be guilty of a misdemeanor. [1979 c 141 § 365; 1959 c
322 § 7.]
74.20.065
74.20.065 Wrongful deprivation of custody—Legal
custodian excused from support payments. If the legal
custodian has been wrongfully deprived of physical custody,
the department is authorized to excuse the custodian from
support payments for a child or children receiving or on
whose behalf public assistance was provided under chapter
74.12 RCW, or for a child or children on behalf of whom the
department is providing nonassistance support enforcement
services. [2002 c 199 § 4; 1983 1st ex.s. c 41 § 31.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
74.20.101
74.20.101 Payment of support moneys to state support registry—Notice—Effects of noncompliance. (1) A
responsible parent shall make all support payments through
the office of support enforcement or the Washington state
support registry if:
(a) The parent's support order contains a provision
directing the parent to make support payments through the
office of support enforcement or the Washington state support registry; or
(b) If the parent has received written notice from the
office of support enforcement under RCW 26.23.110,
74.20A.040, or 74.20A.055 that all future support payments
must be made through the office of support enforcement or
the Washington state support registry.
(2) A responsible parent who has been ordered or notified to make support payments to the office of support
enforcement or the Washington state support registry shall
not receive credit for payments which are not paid to the
office of support enforcement or the Washington state support registry unless:
(a) The department determines that the granting of credit
would not prejudice the rights of the residential parent or
other person or agency entitled to receive the support payments and circumstances of an equitable nature exist; or
(b) A court, after a hearing at which all interested parties
were given an opportunity to be heard, on equitable principles, orders that credit be given.
(3) The rights of the payee under an order for support
shall not be prejudiced if the department grants credit under
subsection (2)(a) of this section. If the department determines
that credit should be granted pursuant to subsection (2) of this
section, the department shall mail notice of its decision to the
last known address of the payee, together with information
about the procedure to contest the determination. [1989 c
360 § 7; 1987 c 435 § 30; 1979 ex.s. c 171 § 13; 1973 1st ex.s.
c 183 § 2; 1969 ex.s. c 173 § 16.]
Effective date—1987 c 435: See RCW 26.23.900.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20.160
74.20.160 Department may disclose information to
internal revenue department. Notwithstanding the provisions of RCW 74.04.060, upon approval of the department of
(2004 Ed.)
74.20.220
health, education and welfare of the federal government, the
department of social and health services may disclose to and
keep the internal revenue department of the treasury of the
United States advised of the names of all persons who are
under legal obligation to support any dependent child or children and who are not doing so, to the end that the internal revenue department may have available to it the names of such
persons for review in connection with income tax returns and
claims of dependencies made by persons filing income tax
returns. [1979 c 141 § 366; 1963 c 206 § 5; 1959 c 322 § 17.]
74.20.210
74.20.210 Attorney general may act under Uniform
Reciprocal Enforcement of Support Act pursuant to
agreement with prosecuting attorney. The prosecuting
attorney of any county except a county with a population of
one million or more may enter into an agreement with the
attorney general whereby the duty to initiate petitions for
support authorized under the provisions of chapter 26.21
RCW as it is now or hereafter amended (*Uniform Reciprocal Enforcement of Support Act) in cases where the petitioner
has applied for or is receiving public assistance on behalf of a
dependent child or children shall become the duty of the
attorney general. Any such agreement may also provide that
the attorney general has the duty to represent the petitioner in
intercounty proceedings within the state initiated by the attorney general which involve a petition received from another
county. Upon the execution of such agreement, the attorney
general shall be empowered to exercise any and all powers of
the prosecuting attorney in connection with said petitions.
[1991 c 363 § 150; 1969 ex.s. c 173 § 14; 1963 c 206 § 6.]
*Reviser's note: The "Uniform Reciprocal Enforcement of Support
Act" was redesignated the "Uniform Interstate Family Support Act" by 1993
c 318.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
74.20.220
74.20.220 Powers of department through the attorney general or prosecuting attorney. In order to carry out
its responsibilities imposed under this chapter and as required
by federal law, the state department of social and health services, through the attorney general or prosecuting attorney, is
hereby authorized to:
(1) Initiate an action in superior court to obtain a support
order or obtain other relief related to support for a dependent
child on whose behalf the department is providing public
assistance or support enforcement services under RCW
74.20.040, or to enforce a superior court order.
(2) Appear as a party in dissolution, child support, parentage, maintenance suits, or other proceedings, for the purpose of representing the financial interest and actions of the
state of Washington therein.
(3) Petition the court for modification of a superior court
order when the office of support enforcement is providing
support enforcement services under RCW 74.20.040.
(4) When the attorney general or prosecuting attorney
appears in, defends, or initiates actions to establish, modify,
or enforce child support obligations he or she represents the
state, the best interests of the child relating to parentage, and
the best interests of the children of the state, but does not represent the interests of any other individual.
[Title 74 RCW—page 99]
74.20.225
Title 74 RCW: Public Assistance
(5) If public assistance has been applied for or granted on
behalf of a child of parents who are divorced or legally separated, the attorney general or prosecuting attorney may apply
to the superior court in such action for an order directing
either parent or both to show cause:
(a) Why an order of support for the child should not be
entered, or
(b) Why the amount of support previously ordered
should not be increased, or
(c) Why the parent should not be held in contempt for his
or her failure to comply with any order of support previously
entered.
(6) Initiate any civil proceedings deemed necessary by
the department to secure reimbursement from the parent or
parents of minor dependent children for all moneys expended
by the state in providing assistance or services to said children.
(7) Nothing in this section limits the authority of the
attorney general or prosecuting attorney to use any and all
civil and criminal remedies to enforce, establish, or modify
child support obligations whether or not the custodial parent
receives public assistance. [1991 c 367 § 44; 1979 c 141 §
367; 1973 1st ex.s. c 154 § 112; 1969 ex.s. c 173 § 15; 1963
c 206 § 7.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
74.20.225
74.20.225 Subpoena authority—Enforcement. In
carrying out the provisions of this chapter or chapters 26.18,
26.23, 26.26, and 74.20A RCW, the secretary and other duly
authorized officers of the department may subpoena witnesses, take testimony, and compel the production of such
papers, books, records, and documents as they may deem relevant to the performance of their duties. The division of child
support may enforce subpoenas issued under this power
according to RCW 74.20A.350. [1997 c 58 § 898.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
74.20.230
74.20.230 Petition for support order by married parent with minor children who are receiving public assistance. Any married parent with minor children, natural or
legally adopted children who is receiving public assistance
may apply to the superior court of the county in which such
parent resides or in which the spouse may be found for an
order upon such spouse, if such spouse is the natural or adoptive mother or father of such children, to provide for such
spouse's support and the support of such spouse's minor children by filing in such county a petition setting forth the facts
and circumstances upon which such spouse relies for such
order. If it appears to the satisfaction of the court that such
parent is without funds to employ counsel, the state department of social and health services through the attorney general may file such petition on behalf of such parent. If satisfied that a just cause exists, the court shall direct that a citation issue to the other spouse requiring such spouse to appear
at a time set by the court to show cause why an order of sup[Title 74 RCW—page 100]
port should not be entered in the matter. [1973 1st ex.s. c 154
§ 113; 1963 c 206 § 8.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
74.20.240
74.20.240 Petition for support order by married parent with minor children who are receiving public assistance—Order—Powers of court. (1) After the hearing of
the petition for an order of support the court shall make an
order granting or denying it and fixing, if allowed, the terms
and amount of the support. (2) The court has the same power
to compel the attendance of witnesses and the production of
testimony as in actions and suits, to make such decree or
orders as are equitable in view of the circumstances of both
parties and to punish violations thereof as other contempts
are punished. [1963 c 206 § 9.]
74.20.250
74.20.250 Petition for support order by married parent with minor children who are receiving public assistance—Waiver of filing fees. The court may, upon satisfactory showing that the petitioner is without funds to pay the
filing fee, order that the petition and other papers be filed
without payment of the fee. [1963 c 206 § 10.]
74.20.260
74.20.260 Financial statements by parent whose
absence is basis of application for public assistance. Any
parent in the state whose absence is the basis upon which an
application is filed for public assistance on behalf of a child
shall be required to complete a statement, under oath, of his
current monthly income, his total income over the past twelve
months, the number of dependents for whom he is providing
support, the amount he is contributing regularly toward the
support of all children for whom application for such assistance is made, his current monthly living expenses and such
other information as is pertinent to determining his ability to
support his children. Such statement shall be provided upon
demand made by the state department of social and health
services or attorney general, and if assistance based upon
such application is granted on behalf of such child, additional
statements shall be filed annually thereafter with the state
department of social and health services until such time as the
child is no longer receiving such assistance. Failure to comply with this section shall constitute a misdemeanor. [1979 c
141 § 368; 1963 c 206 § 11.]
74.20.280
74.20.280 Central unit for information and administration—Cooperation enjoined—Availability of records.
The department is authorized and directed to establish a central unit to serve as a registry for the receipt of information,
for answering interstate inquiries concerning the parents of
dependent children, to coordinate and supervise departmental
activities in relation to such parents, to assure effective cooperation with law enforcement agencies, and to perform other
functions authorized by state and federal support enforcement and child custody statutes and regulations.
To effectuate the purposes of this section, the secretary
may request from state, county and local agencies all information and assistance as authorized by this chapter. Upon the
request of the department of social and health services, all
state, county and city agencies, officers and employees shall
cooperate in the location of the parents of a dependent child
(2004 Ed.)
Support of Dependent Children
and shall supply the department with all information relative
to the location, income and property of such parents, notwithstanding any provision of law making such information confidential.
Any records established pursuant to the provisions of
this section shall be available only to the attorney general,
prosecuting attorneys, courts having jurisdiction in support
and/or abandonment proceedings or actions, or other authorized agencies or persons for use consistent with the intent of
state and federal support enforcement and child custody statutes and regulations. [1983 1st ex.s. c 41 § 15; 1979 c 141 §
370; 1963 c 206 § 13.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
74.20.300
74.20.300 Department exempt from fees relating to
paternity or support. No filing or recording fees, court fees,
or fees for making copies of documents shall be required
from the state department of social and health services by any
county clerk, county auditor, or other county officer for the
filing of any actions or documents necessary to establish
paternity or enforce or collect support moneys.
Filing fees shall also not be required of any prosecuting
attorney or the attorney general for action to establish paternity or enforce or collect support moneys. [1979 ex.s. c 171
§ 1; 1973 1st ex.s. c 183 § 3; 1963 c 206 § 15.]
Severability—1979 ex.s. c 171: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 171 § 28.]
74.20.310
74.20.310 Guardian ad litem in actions brought to
determine parent and child relationship—Notice. (1) The
provisions of RCW 26.26.555 requiring appointment of a
guardian ad litem to represent the child in an action brought
to determine the parent and child relationship do not apply to
actions brought under chapter 26.26 RCW if:
(a) The action is brought by the attorney general on
behalf of the department of social and health services and the
child; or
(b) The action is brought by any prosecuting attorney on
behalf of the state and the child when referral has been made
to the prosecuting attorney by the department of social and
health services requesting such action.
(2) On the issue of parentage, the attorney general or
prosecuting attorney functions as the child's guardian ad
litem provided the interests of the state and the child are not
in conflict.
(3) The court, on its own motion or on motion of a party,
may appoint a guardian ad litem when necessary.
(4) The summons shall contain a notice to the parents
that pursuant to RCW 26.26.555 the parents have a right to
move the court for a guardian ad litem for the child other than
the prosecuting attorney or the attorney general subject to
subsection (2) of this section. [2002 c 302 § 705; 1991 c 367
§ 45; 1979 ex.s. c 171 § 15.]
Application—Construction—Short title—Severability—2002 c
302: See RCW 26.26.903, 26.26.911, and 26.26.912.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
(2004 Ed.)
74.20.330
74.20.320
74.20.320 Custodian to remit support moneys when
department has support obligation—Noncompliance.
Whenever a custodian of children, or other person, receives
support moneys paid to them which moneys are paid in whole
or in part in satisfaction of a support obligation which has
been assigned to the department pursuant to Title IV-A of the
federal social security act as amended by the personal responsibility and work opportunity reconciliation act of 1996 or
RCW 74.20.330 or to which the department is owed a debt
pursuant to RCW 74.20A.030, the moneys shall be remitted
to the department within eight days of receipt by the custodian or other person. If not so remitted the custodian or other
person shall be indebted to the department as a support debt
in an amount equal to the amount of the support money
received and not remitted.
By not paying over the moneys to the department, a custodial parent or other person is deemed, without the necessity
of signing any document, to have made an irrevocable assignment to the department of any support delinquency owed
which is not already assigned to the department or to any support delinquency which may accrue in the future in an
amount equal to the amount of support money retained. The
department may utilize the collection procedures in chapter
74.20A RCW to collect the assigned delinquency to effect
recoupment and satisfaction of the debt incurred by reason of
the failure of the custodial parent or other person to remit.
The department is also authorized to make a set-off to effect
satisfaction of the debt by deduction from support moneys in
its possession or in the possession of any clerk of the court or
other forwarding agent which are paid to the custodial parent
or other person for the satisfaction of any support delinquency. Nothing in this section authorizes the department to
make set-off as to current support paid during the month for
which the payment is due and owing. [1997 c 58 § 935; 1979
ex.s. c 171 § 17.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20.330
74.20.330 Payment of public assistance as assignment of rights to support—Department authorized to
provide services. (1) Whenever public assistance is paid
under a state program funded under Title IV-A of the federal
social security act as amended by the personal responsibility
and work opportunity reconciliation act of 1996, each applicant or recipient is deemed to have made assignment to the
department of any rights to a support obligation from any
other person the applicant or recipient may have in his or her
own behalf or in behalf of any other family member for
whom the applicant or recipient is applying for or receiving
public assistance, including any unpaid support obligation or
support debt which has accrued at the time the assignment is
made.
(2) Payment of public assistance under a state-funded
program, or a program funded under Title IV-A or IV-E of
the federal social security act as amended by the personal
responsibility and work opportunity reconciliation act of
1996 shall:
(a) Operate as an assignment by operation of law; and
[Title 74 RCW—page 101]
74.20.340
Title 74 RCW: Public Assistance
(b) Constitute an authorization to the department to provide the assistance recipient with support enforcement services. [2000 c 86 § 6; 1997 c 58 § 936; 1989 c 360 § 13; 1988
c 275 § 19; 1985 c 276 § 3; 1979 ex.s. c 171 § 22.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20.340
74.20.340 Employees' case workload standards. The
department shall develop workload standards for each
employee classification involved in support enforcement
activities for each category of support enforcement cases.
[1998 c 245 § 150; 1979 ex.s. c 171 § 25.]
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20.350
74.20.350 Costs and attorneys' fees. In order to facilitate and ensure compliance with Title IV-D of the federal
social security act, now existing or hereafter amended,
wherein the state is required to undertake to establish paternity of such children as are born out of wedlock, the secretary
of social and health services may pay the reasonable and
proper fees of attorneys admitted to practice before the courts
of this state, who are engaged in private practice for the purpose of maintaining actions under chapter 26.26 RCW on
behalf of such children, to the end that parent and child relationships be determined and financial support obligations be
established by superior court order. The secretary or the secretary's designee shall make the determination in each case as
to which cases shall be referred for representation by such
private attorneys. The secretary may advance, pay, or reimburse for payment of, such reasonable costs as may be attendant to an action under chapter 26.26 RCW. The representation by a private attorney shall be only on behalf of the subject child, the custodial natural parent, and the child's
personal representative or guardian ad litem, and shall not in
any manner be, or be construed to be, in representation of the
department of social and health services or the state of Washington, such representation being restricted to that provided
pursuant to chapters 43.10 and 36.27 RCW. [1979 ex.s. c 171
§ 19.]
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20.360
74.20.360 Orders for genetic testing. (1) The division
of child support may issue an order for genetic testing when
providing services under this chapter and Title IV-D of the
federal social security act if genetic testing:
(a) Is appropriate in an action under chapter 26.26 RCW,
the uniform parentage act;
(b) Is appropriate in an action to establish support under
RCW 74.20A.056; or
(c) Would assist the parties or the division of child support in determining whether it is appropriate to proceed with
an action to establish or disestablish paternity.
(2) The order for genetic testing shall be served on the
alleged parent or parents and the legal parent by personal service or by any form of mail requiring a return receipt.
[Title 74 RCW—page 102]
(3) Within twenty days of the date of service of an order
for genetic testing, any party required to appear for genetic
testing, the child, or a guardian on the child's behalf, may
petition in superior court under chapter 26.26 RCW to bar or
postpone genetic testing.
(4) The order for genetic testing shall contain:
(a) An explanation of the right to proceed in superior
court under subsection (3) of this section;
(b) Notice that if no one proceeds under subsection (3) of
this section, the agency issuing the order will schedule
genetic testing and will notify the parties of the time and
place of testing by regular mail;
(c) Notice that the parties must keep the agency issuing
the order for genetic testing informed of their residence
address and that mailing a notice of time and place for genetic
testing to the last known address of the parties by regular mail
constitutes valid service of the notice of time and place;
(d) Notice that the order for genetic testing may be
enforced through:
(i) Public assistance grant reduction for noncooperation,
pursuant to agency rule, if the child and custodian are receiving public assistance;
(ii) Termination of support enforcement services under
Title IV-D of the federal social security act if the child and
custodian are not receiving public assistance;
(iii) A referral to superior court for an appropriate action
under chapter 26.26 RCW; or
(iv) A referral to superior court for remedial sanctions
under RCW 7.21.060.
(5) The department may advance the costs of genetic
testing under this section.
(6) If an action is pending under chapter 26.26 RCW, a
judgment for reimbursement of the cost of genetic testing
may be awarded under RCW 26.26.570.
(7) If no action is pending in superior court, the department may impose an obligation to reimburse costs of genetic
testing according to rules adopted by the department to
implement RCW 74.20A.056. [2002 c 302 § 706; 1997 c 58
§ 901.]
Application—Construction—Short title—Severability—2002 c
302: See RCW 26.26.903, 26.26.911, and 26.26.912.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Chapter 74.20A RCW
SUPPORT OF DEPENDENT CHILDREN—
ALTERNATIVE METHOD—1971 ACT
Chapter 74.20A
Sections
74.20A.010 Purpose—Remedies additional.
74.20A.020 Definitions.
74.20A.030 Department subrogated to rights for support—Enforcement
actions—Certain parents exempt.
74.20A.035 Augmentation of paternity establishment services.
74.20A.040 Notice of support debt—Service or mailing—Contents—
Action on, when.
74.20A.055 Notice and finding of financial responsibility of responsible
parent—Service—Hearing—Decisions.
74.20A.056 Notice and finding of financial responsibility pursuant to an
affidavit of paternity—Procedure for contesting—Rules (as
amended by 2002 c 199).
(2004 Ed.)
Support of Dependent Children—Alternative Method—1971 Act
74.20A.056 Notice and finding of financial responsibility pursuant to an
affidavit of paternity—Procedure for contesting—Rules (as
amended by 2002 c 302).
74.20A.057 Jurisdiction over responsible parent.
74.20A.059 Modification of administrative orders establishing child support—Petition—Grounds—Procedure.
74.20A.060 Assertion of lien—Effect.
74.20A.070 Service of lien.
74.20A.080 Order to withhold and deliver—Issuance and service—Contents—Effect—Duties of person served—Processing fee.
74.20A.090 Certain amount of earnings exempt from lien or order—"Earnings" and "disposable earnings" defined.
74.20A.095 Support enforcement services—Action against earnings
within state—Notice.
74.20A.100 Civil liability upon failure to comply with order or lien—Collection.
74.20A.110 Release of excess to debtor.
74.20A.120 Banks, savings and loan associations, credit unions—Service
on main office or branch, effect—Collection actions against
community bank account, right to adjudicative proceeding.
74.20A.130 Distraint, seizure and sale of property subject to liens under
RCW 74.20A.060—Procedure.
74.20A.140 Action for foreclosure of support lien—Satisfaction.
74.20A.150 Satisfaction of lien after foreclosure proceedings instituted—
Redemption.
74.20A.160 Secretary may set debt payment schedule, release funds in certain hardship cases.
74.20A.170 Secretary may release lien or order or return seized property—
Effect.
74.20A.180 Secretary may make demand, file and serve liens, when payments appear in jeopardy.
74.20A.188 Request for assistance on automated enforcement of interstate
case—Certification required.
74.20A.200 Judicial relief after administrative remedies exhausted.
74.20A.220 Charging off child support debts as uncollectible—Compromise—Waiver of any bar to collection.
74.20A.230 Employee debtor rights protected—Remedies.
74.20A.240 Assignment of earnings to be honored—Effect—Processing
fee.
74.20A.250 Secretary empowered to act as attorney, endorse drafts.
74.20A.260 Industrial insurance disability payments subject to collection
by office of support enforcement.
74.20A.270 Department claim for support moneys—Notice—Answer—
Adjudicative proceeding—Judicial review—Moneys not
subject to claim.
74.20A.275 Support payments in possession of third parties—Collection.
74.20A.280 Department to respect privacy of recipients.
74.20A.290 Applicant for adjudicative proceeding must advise department
of current address.
74.20A.300 Health insurance coverage required.
74.20A.310 Federal and state cooperation—Rules—Construction.
74.20A.320 License suspension program—Noncompliance with a child
support order—Certification of noncompliance—Notice,
adjudicative proceeding—Stay of certification—Rules.
74.20A.330 License suspension—Agreements between department and
licensing entities—Identification of responsible parents.
74.20A.350 Noncompliance—Notice—Fines—License suspension—
Hearings—Rules.
74.20A.360 Records access—Confidentiality—Nonliability—Penalty for
noncompliance.
74.20A.370 Financial institution data matches.
74.20A.900 Severability—Alternative when method of notification held
invalid.
74.20A.910 Savings clause.
Birth certificate—Establishing paternity: RCW 70.58.080.
Child support enforcement: Chapter 26.18 RCW.
Child support registry: Chapter 26.23 RCW.
74.20A.010
74.20A.010 Purpose—Remedies additional. Common law and statutory procedures governing the remedies for
enforcement of support for financially dependent minor children by responsible parents have not proven sufficiently
effective or efficient to cope with the increasing incidence of
financial dependency. The increasing workload of courts,
prosecuting attorneys, and the attorney general has made
such remedies uncertain, slow and inadequate, thereby resulting in a growing burden on the financial resources of the
state, which is constrained to provide public assistance grants
(2004 Ed.)
74.20A.020
for basic maintenance requirements when parents fail to meet
their primary obligations. The state of Washington, therefore,
exercising its police and sovereign power, declares that the
common law and statutory remedies pertaining to family
desertion and nonsupport of minor dependent children shall
be augmented by additional remedies directed to the real and
personal property resources of the responsible parents. In
order to render resources more immediately available to meet
the needs of minor children, it is the legislative intent that the
remedies herein provided are in addition to, and not in lieu of,
existing law. It is declared to be the public policy of this state
that this chapter be construed and administered to the end that
children shall be maintained from the resources of responsible parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through welfare programs. [1971 ex.s. c 164 § 1.]
74.20A.020 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in this chapter and chapter 74.20
RCW shall have the following meanings:
(1) "Department" means the state department of social
and health services.
(2) "Secretary" means the secretary of the department of
social and health services, the secretary's designee or authorized representative.
(3) "Dependent child" means any person:
(a) Under the age of eighteen who is not self-supporting,
married, or a member of the armed forces of the United
States; or
(b) Over the age of eighteen for whom a court order for
support exists.
(4) "Support obligation" means the obligation to provide
for the necessary care, support, and maintenance, including
medical expenses, of a dependent child or other person as
required by statutes and the common law of this or another
state.
(5) "Superior court order" means any judgment, decree,
or order of the superior court of the state of Washington, or a
court of comparable jurisdiction of another state, establishing
the existence of a support obligation and ordering payment of
a set or determinable amount of support moneys to satisfy the
support obligation. For purposes of RCW 74.20A.055, orders
for support which were entered under the uniform reciprocal
enforcement of support act by a state where the responsible
parent no longer resides shall not preclude the department
from establishing an amount to be paid as current and future
support.
(6) "Administrative order" means any determination,
finding, decree, or order for support pursuant to RCW
74.20A.055, or by an agency of another state pursuant to a
substantially similar administrative process, establishing the
existence of a support obligation and ordering the payment of
a set or determinable amount of support moneys to satisfy the
support obligation.
(7) "Responsible parent" means a natural parent, adoptive parent, or stepparent of a dependent child or a person
who has signed an affidavit acknowledging paternity which
has been filed with the state office of vital statistics.
(8) "Stepparent" means the present spouse of the person
who is either the mother, father, or adoptive parent of a
74.20A.020
[Title 74 RCW—page 103]
74.20A.030
Title 74 RCW: Public Assistance
dependent child, and such status shall exist until terminated
as provided for in RCW 26.16.205.
(9) "Support moneys" means any moneys or in-kind providings paid to satisfy a support obligation whether denominated as child support, spouse support, alimony, maintenance, or any other such moneys intended to satisfy an obligation for support of any person or satisfaction in whole or in
part of arrears or delinquency on such an obligation.
(10) "Support debt" means any delinquent amount of
support moneys which is due, owing, and unpaid under a
superior court order or an administrative order, a debt for the
payment of expenses for the reasonable or necessary care,
support, and maintenance, including medical expenses, of a
dependent child or other person for whom a support obligation is owed; or a debt under RCW 74.20A.100 or
74.20A.270. Support debt also includes any accrued interest,
fees, or penalties charged on a support debt, and attorneys
fees and other costs of litigation awarded in an action to
establish and enforce a support obligation or debt.
(11) "State" means any state or political subdivision, territory, or possession of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico.
(12) "Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account,
time deposit account, or money-market mutual fund account.
(13) "Child support order" means a superior court order
or an administrative order.
(14) "Financial institution" means:
(a) A depository institution, as defined in section 3(c) of
the federal deposit insurance act;
(b) An institution-affiliated party, as defined in section
3(u) of the federal deposit insurance act;
(c) Any federal or state credit union, as defined in section
101 of the federal credit union act, including an institutionaffiliated party of such credit union, as defined in section
206(r) of the federal deposit insurance act; or
(d) Any benefit association, insurance company, safe
deposit company, money-market mutual fund, or similar
entity.
(15) "License" means a license, certificate, registration,
permit, approval, or other similar document issued by a
licensing entity to a licensee evidencing admission to or
granting authority to engage in a profession, occupation,
business, industry, recreational pursuit, or the operation of a
motor vehicle. "License" does not mean the tax registration
or certification issued under Title 82 RCW by the department
of revenue.
(16) "Licensee" means any individual holding a license,
certificate, registration, permit, approval, or other similar
document issued by a licensing entity evidencing admission
to or granting authority to engage in a profession, occupation,
business, industry, recreational pursuit, or the operation of a
motor vehicle.
(17) "Licensing entity" includes any department, board,
commission, or other organization authorized to issue, renew,
suspend, or revoke a license authorizing an individual to
engage in a business, occupation, profession, industry, recreational pursuit, or the operation of a motor vehicle, and
includes the Washington state supreme court, to the extent
that a rule has been adopted by the court to implement suspension of licenses related to the practice of law.
[Title 74 RCW—page 104]
(18) "Noncompliance with a child support order" for the
purposes of the license suspension program authorized under
RCW 74.20A.320 means a responsible parent has:
(a) Accumulated arrears totaling more than six months of
child support payments;
(b) Failed to make payments pursuant to a written agreement with the department towards a support arrearage in an
amount that exceeds six months of payments; or
(c) Failed to make payments required by a superior court
order or administrative order towards a support arrearage in
an amount that exceeds six months of payments.
(19) "Noncompliance with a residential or visitation
order" means that a court has found the parent in contempt of
court under RCW 26.09.160(3) for failure to comply with a
residential provision of a court-ordered parenting plan. [1997
c 58 § 805; 1990 1st ex.s. c 2 § 15. Prior: 1989 c 175 § 151;
1989 c 55 § 1; 1985 c 276 § 4; 1979 ex.s. c 171 § 3; 1971 ex.s.
c 164 § 2.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
Birth certificate—Establishing paternity: RCW 70.58.080.
74.20A.030
74.20A.030 Department subrogated to rights for support—Enforcement actions—Certain parents exempt.
(1) The department shall be subrogated to the right of any
dependent child or children or person having the care, custody, and control of said child or children, if public assistance
money is paid to or for the benefit of the child, or for the care
and maintenance of a child, including a child with a developmental disability if the child has been placed into care as a
result of an action under chapter 13.34 RCW, under a statefunded program, or a program funded under Title IV-A or
IV-E of the federal social security act as amended by the personal responsibility and work opportunity reconciliation act
of 1996, to prosecute or maintain any support action or execute any administrative remedy existing under the laws of the
state of Washington to obtain reimbursement of moneys
expended, based on the support obligation of the responsible
parent established by a child support order. Distribution of
any support moneys shall be made in accordance with RCW
26.23.035.
(2) The department may initiate, continue, maintain, or
execute an action to establish, enforce, and collect a support
obligation, including establishing paternity and performing
related services, under this chapter and chapter 74.20 RCW,
or through the attorney general or prosecuting attorney under
chapter 26.09, 26.18, 26.20, 26.21, 26.23, or 26.26 RCW or
other appropriate statutes or the common law of this state, for
so long as and under such conditions as the department may
establish by regulation.
(3) Public assistance moneys shall be exempt from collection action under this chapter except as provided in RCW
74.20A.270.
(2004 Ed.)
Support of Dependent Children—Alternative Method—1971 Act
(4) No collection action shall be taken against parents of
children eligible for admission to, or children who have been
discharged from, a residential habilitation center as defined
by RCW 71A.10.020(8) unless the child with a developmental disability is placed as a result of an action under chapter
13.34 RCW. The child support obligation shall be calculated
pursuant to chapter 26.19 RCW. [2004 c 183 § 5; 2000 c 86
§ 7; 1997 c 58 § 934; 1993 sp.s. c 24 § 926; 1989 c 360 § 14.
Prior: 1988 c 275 § 20; 1988 c 176 § 913; 1987 c 435 § 31;
1985 c 276 § 5; 1984 c 260 § 40; 1979 ex.s. c 171 § 4; 1979 c
141 § 371; 1973 1st ex.s. c 183 § 4; 1971 ex.s. c 164 § 3.]
Effective date—2004 c 183: See note following RCW 13.34.160.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
Severability—1988 c 176: See RCW 71A.10.900.
Effective date—1987 c 435: See RCW 26.23.900.
Severability—1984 c 260: See RCW 26.18.900.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20A.035
74.20A.035 Augmentation of paternity establishment
services. The department of social and health services shall
augment its present paternity establishment services through
the hiring of additional assistant attorneys general, or contracting with prosecutors or private attorneys licensed in the
state of Washington in those judicial districts experiencing
delay or an accumulation of unserved paternity cases. The
employment of private attorneys shall be limited in scope to
renewable six-month periods in judicial districts where the
prosecutor or the attorney general cannot provide adequate,
cost-effective service. The department of social and health
services shall provide a written report of the circumstances
requiring employment of private attorneys to the judiciary
committees of the senate and house of representatives and
provide copies of such reports to the office of the attorney
general and to the Washington association of prosecuting
attorneys. [1987 c 441 § 3.]
Legislative findings—1987 c 441: "The state of Washington through
the department of social and health services is required by state and federal
statutes to provide paternity establishment services. These statutes require
that reasonable efforts to establish paternity be made, if paternity of the child
is in question, in all public assistance cases and whenever such services are
requested in nonassistance cases.
The increasing number of children being born out of wedlock together
with improved awareness of the benefits to the child and society of having
paternity established have resulted in a greater demand on the existing judicial paternity establishment system." [1987 c 441 § 1.]
74.20A.040
74.20A.040 Notice of support debt—Service or mailing—Contents—Action on, when. (1) The secretary may
issue a notice of a support debt accrued and/or accruing based
upon RCW 74.20A.030, assignment of a support debt or a
request for support enforcement services under RCW
74.20.040 (2) or (3), to enforce and collect a support debt created by a superior court order or administrative order. The
payee under the order shall be informed when a notice of support debt is issued under this section.
(2004 Ed.)
74.20A.055
(2) The notice may be served upon the debtor in the manner prescribed for the service of a summons in a civil action
or be mailed to the debtor at his last known address by certified mail, return receipt requested, demanding payment
within twenty days of the date of receipt.
(3) The notice of debt shall include:
(a) A statement of the support debt accrued and/or accruing, computable on the amount required to be paid under any
superior court order to which the department is subrogated or
is authorized to enforce and collect under RCW 74.20A.030,
has an assigned interest, or has been authorized to enforce
pursuant to RCW 74.20.040 (2) or (3);
(b) A statement that the property of the debtor is subject
to collection action;
(c) A statement that the property is subject to lien and
foreclosure, distraint, seizure and sale, or order to withhold
and deliver; and
(d) A statement that the net proceeds will be applied to
the satisfaction of the support debt.
(4) Action to collect a support debt by lien and foreclosure, or distraint, seizure and sale, or order to withhold and
deliver shall be lawful after twenty days from the date of service upon the debtor or twenty days from the receipt or
refusal by the debtor of said notice of debt.
(5) The secretary shall not be required to issue or serve
such notice of support debt prior to taking collection action
under this chapter when a responsible parent's support order:
(a) Contains language directing the parent to make support payments to the Washington state support registry; and
(b) Includes a statement that income-withholding action
under this chapter may be taken without further notice to the
responsible parent, as provided in RCW 26.23.050(1). [1989
c 360 § 8; 1985 c 276 § 2; 1973 1st ex.s. c 183 § 5; 1971 ex.s.
c 164 § 4.]
74.20A.055 Notice and finding of financial responsibility of responsible parent—Service—Hearing—Decisions. (1) The secretary may, if there is no order that establishes the responsible parent's support obligation or specifically relieves the responsible parent of a support obligation or
pursuant to an establishment of paternity under chapter 26.26
RCW, serve on the responsible parent or parents and custodial parent a notice and finding of financial responsibility
requiring the parents to appear and show cause in an adjudicative proceeding why the finding of responsibility and/or the
amount thereof is incorrect, should not be finally ordered, but
should be rescinded or modified. This notice and finding
shall relate to the support debt accrued and/or accruing under
this chapter and/or RCW 26.16.205, including periodic payments to be made in the future. The hearing shall be held pursuant to this section, chapter 34.05 RCW, the Administrative
Procedure Act, and the rules of the department. A custodian
who has physical custody of a child has the same rights that a
custodial parent has under this section.
(2) The notice and finding of financial responsibility
shall be served in the same manner prescribed for the service
of a summons in a civil action or may be served on the
responsible parent by certified mail, return receipt requested.
The receipt shall be prima facie evidence of service. The
notice shall be served upon the debtor within sixty days from
the date the state assumes responsibility for the support of the
74.20A.055
[Title 74 RCW—page 105]
74.20A.055
Title 74 RCW: Public Assistance
dependent child or children on whose behalf support is
sought. If the notice is not served within sixty days from such
date, the department shall lose the right to reimbursement of
payments made after the sixty-day period and before the date
of notification: PROVIDED, That if the department exercises reasonable efforts to locate the debtor and is unable to
do so the entire sixty-day period is tolled until such time as
the debtor can be located. The notice may be served upon the
custodial parent who is the nonassistance applicant or public
assistance recipient by first class mail to the last known
address. If the custodial parent is not the nonassistance applicant or public assistance recipient, service shall be in the
same manner as for the responsible parent.
(3) The notice and finding of financial responsibility
shall set forth the amount the department has determined the
responsible parent owes, the support debt accrued and/or
accruing, and periodic payments to be made in the future. The
notice and finding shall also include:
(a) A statement of the name of the custodial parent and
the name of the child or children for whom support is sought;
(b) A statement of the amount of periodic future support
payments as to which financial responsibility is alleged;
(c) A statement that the responsible parent or custodial
parent may object to all or any part of the notice and finding,
and file an application for an adjudicative proceeding to show
cause why the terms set forth in the notice should not be
ordered;
(d) A statement that, if neither the responsible parent nor
the custodial parent files in a timely fashion an application for
an adjudicative proceeding, the support debt and payments
stated in the notice and finding, including periodic support
payments in the future, shall be assessed and determined and
ordered by the department and that this debt and amounts due
under the notice shall be subject to collection action;
(e) A statement that the property of the debtor, without
further advance notice or hearing, will be subject to lien and
foreclosure, distraint, seizure and sale, order to withhold and
deliver, notice of payroll deduction or other collection action
to satisfy the debt and enforce the support obligation established under the notice.
(4) A responsible parent or custodial parent who objects
to the notice and finding of financial responsibility may file
an application for an adjudicative proceeding within twenty
days of the date of service of the notice or thereafter as provided under this subsection.
(a) If the responsible parent or custodial parent files the
application within twenty days, the office of administrative
hearings shall schedule an adjudicative proceeding to hear
the parent's or parents' objection and determine the support
obligation for the entire period covered by the notice and
finding of financial responsibility. The filing of the application stays collection action pending the entry of a final
administrative order;
(b) If both the responsible parent and the custodial parent
fail to file an application within twenty days, the notice and
finding shall become a final administrative order. The
amounts for current and future support and the support debt
stated in the notice are final and subject to collection, except
as provided under (c) and (d) of this subsection;
(c) If the responsible parent or custodial parent files the
application more than twenty days after, but within one year
[Title 74 RCW—page 106]
of the date of service, the office of administrative hearings
shall schedule an adjudicative proceeding to hear the parent's
or parents' objection and determine the support obligation for
the entire period covered by the notice and finding of financial responsibility. The filing of the application does not stay
further collection action, pending the entry of a final administrative order, and does not affect any prior collection action;
(d) If the responsible parent or custodial parent files the
application more than one year after the date of service, the
office of administrative hearings shall schedule an adjudicative proceeding at which the parent who requested the late
hearing must show good cause for failure to file a timely
application. The filing of the application does not stay future
collection action and does not affect prior collection action:
(i) If the presiding officer finds that good cause exists,
the presiding officer shall proceed to hear the parent's objection to the notice and determine the support obligation;
(ii) If the presiding officer finds that good cause does not
exist, the presiding officer shall treat the application as a petition for prospective modification of the amount for current
and future support established under the notice and finding.
In the modification proceeding, the presiding officer shall set
current and future support under chapter 26.19 RCW. The
petitioning parent need show neither good cause nor a substantial change of circumstances to justify modification of
current and future support;
(e) If the responsible parent's support obligation was
based upon imputed median net income, the grant standard,
or the family need standard, the division of child support may
file an application for adjudicative proceeding more than
twenty days after the date of service of the notice. The office
of administrative hearings shall schedule an adjudicative proceeding and provide notice of the hearing to the responsible
parent and the custodial parent. The presiding officer shall
determine the support obligation for the entire period covered
by the notice, based upon credible evidence presented by the
division of child support, the responsible parent, or the custodial parent, or may determine that the support obligation set
forth in the notice is correct. The division of child support
demonstrates good cause by showing that the responsible
parent's support obligation was based upon imputed median
net income, the grant standard, or the family need standard.
The filing of the application by the division of child support
does not stay further collection action, pending the entry of a
final administrative order, and does not affect any prior collection action.
(f) The department shall retain and/or shall not refund
support money collected more than twenty days after the date
of service of the notice. Money withheld as the result of collection action shall be delivered to the department. The
department shall distribute such money, as provided in published rules.
(5) If an application for an adjudicative proceeding is
filed, the presiding or reviewing officer shall determine the
past liability and responsibility, if any, of the alleged responsible parent and shall also determine the amount of periodic
payments to be made in the future, which amount is not limited by the amount of any public assistance payment made to
or for the benefit of the child. If deviating from the child support schedule in making these determinations, the presiding
or reviewing officer shall apply the standards contained in the
(2004 Ed.)
Support of Dependent Children—Alternative Method—1971 Act
child support schedule and enter written findings of fact supporting the deviation.
(6) If either the responsible parent or the custodial parent
fails to attend or participate in the hearing or other stage of an
adjudicative proceeding, upon a showing of valid service, the
presiding officer shall enter an order of default against each
party who did not appear and may enter an administrative
order declaring the support debt and payment provisions
stated in the notice and finding of financial responsibility to
be assessed and determined and subject to collection action.
The parties who appear may enter an agreed settlement or
consent order, which may be different than the terms of the
department's notice. Any party who appears may choose to
proceed to the hearing, after the conclusion of which the presiding officer or reviewing officer may enter an order that is
different than the terms stated in the notice, if the obligation
is supported by credible evidence presented by any party at
the hearing.
(7) The final administrative order establishing liability
and/or future periodic support payments shall be superseded
upon entry of a superior court order for support to the extent
the superior court order is inconsistent with the administrative order.
(8) Debts determined pursuant to this section, accrued
and not paid, are subject to collection action under this chapter without further necessity of action by a presiding or
reviewing officer. [2002 c 199 § 5; 1997 c 58 § 940; 1996 c
21 § 1; 1991 c 367 § 46; 1990 1st ex.s. c 2 § 21; 1989 c 175 §
152; 1988 c 275 § 10; 1982 c 189 § 8; 1979 ex.s. c 171 § 12;
1973 1st ex.s. c 183 § 25.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
Effective date—1982 c 189: See note following RCW 34.12.020.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20A.056
74.20A.056 Notice and finding of financial responsibility pursuant
to an affidavit of paternity—Procedure for contesting—Rules (as
amended by 2002 c 199). (1) If an alleged father has signed an affidavit
acknowledging paternity which has been filed with the state registrar of vital
statistics before July 1, 1997, the division of child support may serve a notice
and finding of parental responsibility on him and the custodial parent. Procedures for and responsibility resulting from acknowledgments filed after July
1, 1997, are in subsections (8) and (9) of this section. Service of the notice
shall be in the same manner as a summons in a civil action or by certified
mail, return receipt requested, on the alleged father. The custodial parent
shall be served by first class mail to the last known address. If the custodial
parent is not the nonassistance applicant or public assistance recipient, service shall be in the same manner as for the responsible parent. The notice
shall have attached to it a copy of the affidavit or certification of birth record
information advising of the existence of a filed affidavit, provided by the
state registrar of vital statistics, and shall state that:
(a) The alleged father or custodial parent may file an application for an
adjudicative proceeding at which ((he)) they both will be required to appear
and show cause why the amount stated in the finding of financial responsibility as to support is incorrect and should not be ordered;
(2004 Ed.)
74.20A.056
(b) An alleged father or mother, if she is also the custodial parent, may
request that a blood or genetic test be administered to determine whether
such test would exclude him from being a natural parent and, if not excluded,
may subsequently request that the division of child support initiate an action
in superior court to determine the existence of the parent-child relationship;
and
(c) If neither the alleged father ((does not request)) nor the custodial
parent requests that a blood or genetic test be administered or file [files] an
application for an adjudicative proceeding, the amount of support stated in
the notice and finding of parental responsibility shall become final, subject
only to a subsequent determination under *RCW 26.26.060 that the parentchild relationship does not exist.
(2) An alleged father or custodial parent who objects to the amount of
support requested in the notice may file an application for an adjudicative
proceeding up to twenty days after the date the notice was served. An application for an adjudicative proceeding may be filed within one year of service
of the notice and finding of parental responsibility without the necessity for
a showing of good cause or upon a showing of good cause thereafter. An
adjudicative proceeding under this section shall be pursuant to RCW
74.20A.055. The only issues shall be the amount of the accrued debt, the
amount of the current and future support obligation, and the reimbursement
of the costs of blood or genetic tests if advanced by the department. A custodian who is not the parent of a child and who has physical custody of a child
has the same notice and hearing rights that a custodial parent has under this
section.
(3) If the application for an adjudicative proceeding is filed within
twenty days of service of the notice, collection action shall be stayed pending
a final decision by the department. If no application is filed within twenty
days:
(a) The amounts in the notice shall become final and the debt created
therein shall be subject to collection action; and
(b) Any amounts so collected shall neither be refunded nor returned if
the alleged father is later found not to be a responsible parent.
(4) An alleged father ((who denies being a responsible parent)) or the
mother, if she is also the custodial parent, may request that a blood or genetic
test be administered at any time. The request for testing shall be in writing,
or as the department may specify by rule, and served on the division of child
support ((personally or by registered or certified mail)). If a request for testing is made, the department shall arrange for the test and, pursuant to rules
adopted by the department, may advance the cost of such testing. The department shall mail a copy of the test results by certified mail, return receipt
requested, to the alleged father's and mother's, if she is also the custodial parent, last known address.
(5) If the test excludes the alleged father from being a natural parent,
the division of child support shall file a copy of the results with the state registrar of vital statistics and shall dismiss any pending administrative collection proceedings based upon the affidavit in issue. The state registrar of vital
statistics shall remove the alleged father's name from the birth certificate and
change the child's surname to be the same as the mother's maiden name as
stated on the birth certificate, or any other name which the mother may
select.
(6) The alleged father or mother, if she is also the custodial parent,
may, within twenty days after the date of receipt of the test results, request
the division of child support to initiate an action under *RCW 26.26.060 to
determine the existence of the parent-child relationship. If the division of
child support initiates a superior court action at the request of the alleged
father or mother and the decision of the court is that the alleged father is a
natural parent, the ((alleged father)) parent who requested the test shall be
liable for court costs incurred.
(7) If the alleged father or mother, if she is also the custodial parent,
does not request the division of child support to initiate a superior court
action, or ((if the alleged father)) fails to appear and cooperate with blood or
genetic testing, the notice of parental responsibility shall become final for all
intents and purposes and may be overturned only by a subsequent superior
court order entered under *RCW 26.26.060.
(8)(a) If an alleged father has signed an affidavit acknowledging paternity that has been filed with the state registrar of vital statistics after July 1,
1997, within sixty days from the date of filing of the acknowledgment:
(i) The division of child support may serve a notice and finding of
parental responsibility on him and the custodial parent as set forth under this
section; and
(ii) The alleged father or any other signatory may rescind his acknowledgment of paternity. The rescission shall be notarized and delivered to the
state registrar of vital statistics personally or by registered or certified mail.
The state registrar shall remove the father's name from the birth certificate
and change the child's surname to be the same as the mother's maiden name
[Title 74 RCW—page 107]
74.20A.056
Title 74 RCW: Public Assistance
as stated on the birth certificate or any other name that the mother may select.
The state registrar shall file rescission notices in a sealed file. All future
paternity actions on behalf of the child in question shall be performed under
court order.
(b) If neither the alleged father ((does not)) nor the custodial parent
files an application for an adjudicative proceeding or ((rescind his)) rescinds
the acknowledgment of paternity, the amount of support stated in the notice
and finding of parental responsibility becomes final, subject only to a subsequent determination under *RCW 26.26.060 that the parent-child relationship does not exist.
(c) An alleged father or custodial parent who objects to the amount of
support requested in the notice may file an application for an adjudicative
proceeding up to twenty days after the date the notice was served. An application for an adjudicative proceeding may be filed within one year of service
of the notice and finding of parental responsibility without the necessity for
a showing of good cause or upon a showing of good cause thereafter. An
adjudicative proceeding under this section shall be pursuant to RCW
74.20A.055. The only issues shall be the amount of the accrued debt and the
amount of the current and future support obligation.
(i) If the application for an adjudicative proceeding is filed within
twenty days of service of the notice, collection action shall be stayed pending
a final decision by the department.
(ii) If the application for an adjudicative proceeding is not filed within
twenty days of the service of the notice, any amounts collected under the
notice shall be neither refunded nor returned if the alleged father is later
found not to be a responsible parent.
(d) If an alleged father or mother, if she is also the custodial parent,
makes a request for genetic testing, the department shall proceed as set forth
under RCW 74.20.360.
(e) If neither the alleged father ((does not)) nor the custodial parent
requests an adjudicative proceeding, or if neither the alleged father ((fails to
rescind his)) nor the mother rescinds the filed acknowledgment of paternity,
the notice of parental responsibility becomes final for all intents and purposes and may be overturned only by a subsequent superior court order
entered under *RCW 26.26.060.
(9) Affidavits acknowledging paternity that are filed after July 1, 1997,
are subject to requirements of chapters 26.26 and 70.58 RCW.
(10) The department and the department of health may adopt rules to
implement the requirements under this section. [2002 c 199 § 6; 1997 c 58 §
941. Prior: 1994 c 230 § 19; 1994 c 146 § 5; 1989 c 55 § 3.]
*Reviser's note: RCW 26.26.060 was repealed by 2002 c 302 § 711.
Later enactment, see RCW 26.26.500 through 26.26.630.
74.20A.056
74.20A.056 Notice and finding of financial responsibility pursuant
to an affidavit of paternity—Procedure for contesting—Rules (as
amended by 2002 c 302). (1) If an alleged father has signed an affidavit
acknowledging paternity which has been filed with the state registrar of vital
statistics before July 1, 1997, the division of child support may serve a notice
and finding of parental responsibility on him. ((Procedures for and responsibility resulting from acknowledgments filed after July 1, 1997, are in subsections (8) and (9) of this section.)) Service of the notice shall be in the same
manner as a summons in a civil action or by certified mail, return receipt
requested. The notice shall have attached to it a copy of the affidavit or certification of birth record information advising of the existence of a filed affidavit, provided by the state registrar of vital statistics, and shall state that:
(a) The alleged father may file an application for an adjudicative proceeding at which he will be required to appear and show cause why the
amount stated in the finding of financial responsibility as to support is incorrect and should not be ordered;
(b) An alleged father may request that a blood or genetic test be
administered to determine whether such test would exclude him from being
a natural parent and, if not excluded, may subsequently request that the division of child support initiate an action in superior court to determine the
existence of the parent-child relationship; and
(c) If the alleged father does not request that a blood or genetic test be
administered or file an application for an adjudicative proceeding, the
amount of support stated in the notice and finding of parental responsibility
shall become final, subject only to a subsequent determination under ((RCW
26.26.060)) RCW 26.26.500 through 26.26.630 that the parent-child relationship does not exist.
(2) An alleged father who objects to the amount of support requested in
the notice or who requests genetic tests may file an application for an adjudicative proceeding up to twenty days after the date the notice was served. An
application for an adjudicative proceeding may be filed within one year of
service of the notice and finding of parental responsibility without the neces[Title 74 RCW—page 108]
sity for a showing of good cause or upon a showing of good cause thereafter.
An adjudicative proceeding under this section shall be pursuant to RCW
74.20A.055. The only issues shall be the amount of the accrued debt, the
amount of the current and future support obligation, and the reimbursement
of the costs of blood or genetic tests if advanced by the department.
(3) If the application for an adjudicative proceeding is filed within
twenty days of service of the notice, collection action shall be stayed pending
a final decision by the department. If no application is filed within twenty
days:
(a) The amounts in the notice shall become final and the debt created
therein shall be subject to collection action; and
(b) Any amounts so collected shall neither be refunded nor returned if
the alleged father is later found not to be a responsible parent.
(4) An alleged father who denies being a responsible parent may
request that a blood or genetic test be administered at any time. The request
for testing shall be in writing and served on the division of child support personally or by registered or certified mail. If a request for testing is made, the
department shall arrange for the test and, pursuant to rules adopted by the
department, may advance the cost of such testing. The department shall mail
a copy of the test results by certified mail, return receipt requested, to the
alleged father's last known address.
(5) If the test excludes the alleged father from being a natural parent,
the division of child support shall file a copy of the results with the state registrar of vital statistics and shall dismiss any pending administrative collection proceedings based upon the affidavit in issue. The state registrar of vital
statistics shall remove the alleged father's name from the birth certificate and
change the child's surname to be the same as the mother's maiden name as
stated on the birth certificate, or any other name which the mother may
select.
(6) The alleged father may, within twenty days after the date of receipt
of the test results, request the division of child support to initiate an action
under ((RCW 26.26.060)) RCW 26.26.500 through 26.26.630 to determine
the existence of the parent-child relationship. If the division of child support
initiates a superior court action at the request of the alleged father and the
decision of the court is that the alleged father is a natural parent, the alleged
father shall be liable for court costs incurred.
(7) If the alleged father does not request the division of child support to
initiate a superior court action, or if the alleged father fails to appear and
cooperate with blood or genetic testing, the notice of parental responsibility
shall become final for all intents and purposes and may be overturned only
by a subsequent superior court order entered under ((RCW 26.26.060))
RCW 26.26.500 through 26.26.630.
(8)(a) Subsections (1) through (7) of this section do not apply to
acknowledgments of paternity filed with the state registrar of vital statistics
after July 1, 1997.
(b) If an ((alleged)) acknowledged father has signed an ((affidavit
acknowledging)) acknowledgment of paternity that has been filed with the
state registrar of vital statistics after July 1, 1997((, within sixty days from
the date of filing of the acknowledgment)):
(i) The division of child support may serve a notice and finding of
((parental responsibility on him as set forth under this section)) financial
responsibility under RCW 74.20A.055 based on the acknowledgment. The
division of child support shall attach a copy of the acknowledgment or certification of the birth record information advising of the existence of a filed
acknowledgment of paternity to the notice; ((and))
(ii) The notice shall include a statement that the ((alleged)) acknowledged father or any other signatory may ((rescind his acknowledgment of
paternity. The rescission shall be notarized and delivered to the state registrar
of vital statistics personally or by registered or certified mail. The state registrar shall remove the father's name from the birth certificate and change the
child's surname to be the same as the mother's maiden name as stated on the
birth certificate or any other name that the mother may select. The state registrar shall file rescission notices in a sealed file. All future paternity actions
on behalf of the child in question shall be performed under court order))
commence a proceeding in court to rescind or challenge the acknowledgment or denial of paternity under RCW 26.26.330 and 26.26.335; and
(iii) The party commencing the action to rescind or challenge the
acknowledgment or denial must serve notice on the division of child support
and the office of the prosecuting attorney in the county in which the proceeding is commenced. Commencement of a proceeding to rescind or challenge
the acknowledgment or denial stays the establishment of the notice and finding of financial responsibility, if the notice has not yet become a final order.
(((b))) (c) If the ((alleged)) acknowledged father or other party to the
notice does not file an application for an adjudicative proceeding or ((rescind
his)) the signatories to the acknowledgment or denial do not commence a
proceeding to rescind or challenge the acknowledgment of paternity, the
(2004 Ed.)
Support of Dependent Children—Alternative Method—1971 Act
amount of support stated in the notice and finding of ((parental)) financial
responsibility becomes final, subject only to a subsequent determination
under ((RCW 26.26.060)) RCW 26.26.500 through 26.26.630 that the parent-child relationship does not exist. The division of child support does not
refund nor return any amounts collected under a notice that becomes final
under this section or RCW 74.20A.055, even if a court later determines that
the acknowledgment is void.
(((c))) (d) An ((alleged)) acknowledged father or other party to the
notice who objects to the amount of support requested in the notice may file
an application for an adjudicative proceeding up to twenty days after the date
the notice was served. An application for an adjudicative proceeding may be
filed within one year of service of the notice and finding of parental responsibility without the necessity for a showing of good cause or upon a showing
of good cause thereafter. An adjudicative proceeding under this section shall
be pursuant to RCW 74.20A.055. The only issues shall be the amount of the
accrued debt and the amount of the current and future support obligation.
(i) If the application for an adjudicative proceeding is filed within
twenty days of service of the notice, collection action shall be stayed pending
a final decision by the department.
(ii) If the application for an adjudicative proceeding is not filed within
twenty days of the service of the notice, any amounts collected under the
notice shall be neither refunded nor returned if the alleged father is later
found not to be a responsible parent.
(((d) If an alleged father makes a request for genetic testing, the department shall proceed as set forth under RCW 74.20.360.))
(e) If the ((alleged)) acknowledged father or other party to the notice
does not request ((an)) a timely adjudicative proceeding, or if ((the alleged
father fails to rescind his filed acknowledgment of paternity)) no timely
action is brought to rescind or challenge the acknowledgment or denial after
service of the notice, the notice of ((parental)) financial responsibility
becomes final for all intents and purposes and may be overturned only by a
subsequent superior court order entered under ((RCW 26.26.060)) RCW
26.26.500 through 26.26.630.
(9) ((Affidavits acknowledging)) Acknowledgments of paternity that
are filed after July 1, 1997, are subject to requirements of chapters 26.26, the
uniform parentage act, and 70.58 RCW.
(10) The department and the department of health may adopt rules to
implement the requirements under this section. [2002 c 302 § 707; 1997 c 58
§ 941. Prior: 1994 c 230 § 19; 1994 c 146 § 5; 1989 c 55 § 3.]
Reviser's note: RCW 74.20A.056 was amended twice during the 2002
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Application—Construction—Short title—Severability—2002 c
302: See RCW 26.26.903, 26.26.911, and 26.26.912.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Birth certificate—Establishing paternity: RCW 70.58.080.
74.20A.057
74.20A.057 Jurisdiction over responsible parent. A
support obligation arising under the statutes or common law
of this state binds the responsible parent, present in this state,
regardless of the presence or residence of the custodian or
children. The obligor is presumed to have been present in the
state of Washington during the period for which support is
sought until otherwise shown. The department may establish
an administrative order pursuant to RCW 74.20A.055 that is
based upon any support obligation imposed or imposable
under the statutes or common law of any state in which the
obligor was present during the period for which support is
sought. [1985 c 276 § 15.]
74.20A.059
74.20A.059 Modification of administrative orders
establishing child support—Petition—Grounds—Procedure. (1) The department, the physical custodian, or the
responsible parent may petition for a prospective modification of a final administrative order if:
(2004 Ed.)
74.20A.059
(a) The administrative order has not been superseded by
a superior court order; and
(b) There has been a substantial change of circumstances, except as provided under RCW 74.20A.055(4)(d).
(2) An order of child support may be modified one year
or more after it has been entered without showing a substantial change of circumstances:
(a) If the order in practice works a severe economic hardship on either party or the child; or
(b) If a party requests an adjustment in an order for child
support that was based on guidelines which determined the
amount of support according to the child's age, and the child
is no longer in the age category on which the current support
amount was based; or
(c) If a child is a full-time student and reasonably
expected to complete secondary school or the equivalent
level of vocational or technical training before the child
becomes nineteen years of age upon a finding that there is a
need to extend support beyond the eighteenth birthday.
(3) An order may be modified without showing a substantial change of circumstances if the requested modification is to:
(a) Require health insurance coverage for a child covered
by the order; or
(b) Modify an existing order for health insurance coverage.
(4) Support orders may be adjusted once every twentyfour months based upon changes in the income of the parents
without a showing of substantially changed circumstances.
(5)(a) All administrative orders entered on, before, or
after September 1, 1991, may be modified based upon
changes in the child support schedule established in chapter
26.19 RCW without a substantial change of circumstances.
The petition may be filed based on changes in the child support schedule after twelve months has expired from the entry
of the administrative order or the most recent modification
order setting child support, whichever is later. However, if a
party is granted relief under this provision, twenty-four
months must pass before another petition for modification
may be filed pursuant to subsection (4) of this section.
(b) If, pursuant to subsection (4) of this section or (a) of
this subsection, the order modifies a child support obligation
by more than thirty percent and the change would cause significant hardship, the change may be implemented in two
equal increments, one at the time of the entry of the order and
the second six months from the entry of the order. Twentyfour months must pass following the second change before a
petition for modification under subsection (4) of this section
may be filed.
(6) An increase in the wage or salary of the parent or custodian who is receiving the support transfer payments as
defined in *section 24 of this act is not a substantial change in
circumstances for purposes of modification under subsection
(1)(b) of this section. An obligor's voluntary unemployment
or voluntary underemployment, by itself, is not a substantial
change of circumstances.
(7) The department shall file the petition and a supporting affidavit with the secretary or the secretary's designee
when the department petitions for modification.
[Title 74 RCW—page 109]
74.20A.060
Title 74 RCW: Public Assistance
(8) The responsible parent or the physical custodian shall
follow the procedures in this chapter for filing an application
for an adjudicative proceeding to petition for modification.
(9) Upon the filing of a proper petition or application, the
secretary or the secretary's designee shall issue an order
directing each party to appear and show cause why the order
should not be modified.
(10) If the presiding or reviewing officer finds a modification is appropriate, the officer shall modify the order and
set current and future support under chapter 26.19 RCW.
[1991 c 367 § 47.]
*Reviser's note: "Section 24 of this act" was vetoed by the governor.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
74.20A.060
74.20A.060 Assertion of lien—Effect. (1) The secretary may assert a lien upon the real or personal property of a
responsible parent:
(a) When a support payment is past due, if the parent's
support order contains notice that liens may be enforced
against real and personal property, or notice that action may
be taken under this chapter;
(b) Twenty-one days after service of a notice of support
debt under RCW 74.20A.040;
(c) Twenty-one days after service of a notice and finding
of financial responsibility under RCW 74.20A.055;
(d) Twenty-one days after service of a notice and finding
of parental responsibility;
(e) Twenty-one days after service of a notice of support
owed under RCW 26.23.110; or
(f) When appropriate under RCW 74.20A.270.
(2) The division of child support may use uniform interstate lien forms adopted by the United States department of
health and human services to assert liens on a responsible
parent's real and personal property located in another state.
(3) The claim of the department for a support debt, not
paid when due, shall be a lien against all property of the
debtor with priority of a secured creditor. This lien shall be
separate and apart from, and in addition to, any other lien created by, or provided for, in this title. The lien shall attach to
all real and personal property of the debtor on the date of filing of such statement with the county auditor of the county in
which such property is located.
(4) Whenever a support lien has been filed and there is in
the possession of any person, firm, corporation, association,
political subdivision or department of the state having notice
of said lien any property which may be subject to the support
lien, such property shall not be paid over, released, sold,
transferred, encumbered or conveyed, except as provided for
by the exemptions contained in RCW 74.20A.090 and
74.20A.130, unless:
(a) A written release or waiver signed by the secretary
has been delivered to said person, firm, corporation, association, political subdivision or department of the state; or
(b) A determination has been made in an adjudicative
proceeding pursuant to RCW 74.20A.055 or by a superior
court ordering release of said support lien on the basis that no
debt exists or that the debt has been satisfied. [1997 c 58 §
906. Prior: 1989 c 360 § 9; 1989 c 175 § 153; 1979 ex.s. c
171 § 5; 1973 1st ex.s. c 183 § 7; 1971 ex.s. c 164 § 6.]
[Title 74 RCW—page 110]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—1989 c 360 §§ 9, 10, 16, and 39: "(1) Sections 9, 10,
and 16 of this act are necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government and its existing
public institutions, and shall take effect immediately [May 12, 1989].
(2) Section 39 of this act shall take effect July 1, 1990." [1989 c 360 §
43.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20A.070
74.20A.070 Service of lien. (1) The secretary may at
any time after filing of a support lien serve a copy of the lien
upon any person, firm, corporation, association, political subdivision, or department of the state in possession of earnings,
or deposits or balances held in any bank account of any
nature which are due, owing, or belonging to said debtor.
(2) The support lien shall be served upon the person,
firm, corporation, association, political subdivision, or
department of the state:
(a) In the manner prescribed for the service of summons
in a civil action;
(b) By certified mail, return receipt requested; or
(c) By electronic means if there is an agreement between
the secretary and the person, firm, corporation, association,
political subdivision, or department of the state to accept service by electronic means.
(3) No lien filed under RCW 74.20A.060 shall have any
effect against earnings or bank deposits or balances unless it
states the amount of the support debt accrued and unless service upon the person, firm, corporation, association, political
subdivision, or department of the state in possession of earnings or bank accounts, deposits or balances is accomplished
pursuant to this section. [1997 c 130 § 6; 1973 1st ex.s. c 183
§ 8; 1971 ex.s. c 164 § 7.]
Civil procedure—Commencement of actions: Chapter 4.28 RCW.
74.20A.080
74.20A.080 Order to withhold and deliver—Issuance
and service—Contents—Effect—Duties of person
served—Processing fee. (1) The secretary may issue to any
person, firm, corporation, association, political subdivision,
department of the state, or agency, subdivision, or instrumentality of the United States, an order to withhold and deliver
property of any kind, including but not restricted to earnings
which are or might become due, owing, or belonging to the
debtor, when the secretary has reason to believe that there is
in the possession of such person, firm, corporation, association, political subdivision, department of the state, or agency,
subdivision, or instrumentality of the United States property
which is or might become due, owing, or belonging to said
debtor. Such order to withhold and deliver may be issued:
(a) At any time, if a responsible parent's support order:
(i) Contains notice that withholding action may be taken
against earnings, wages, or assets without further notice to
the parent; or
(ii) Includes a statement that other income-withholding
action under this chapter may be taken without further notice
to the responsible parent;
(b) Twenty-one days after service of a notice of support
debt under RCW 74.20A.040;
(2004 Ed.)
Support of Dependent Children—Alternative Method—1971 Act
(c) Twenty-one days after service of a notice and finding
of parental responsibility under RCW 74.20A.056;
(d) Twenty-one days after service of a notice of support
owed under RCW 26.23.110;
(e) Twenty-one days after service of a notice and finding
of financial responsibility under RCW 74.20A.055; or
(f) When appropriate under RCW 74.20A.270.
(2) The order to withhold and deliver shall:
(a) State the amount to be withheld on a periodic basis if
the order to withhold and deliver is being served to secure
payment of monthly current support;
(b) State the amount of the support debt accrued;
(c) State in summary the terms of RCW 74.20A.090 and
74.20A.100;
(d) Be served:
(i) In the manner prescribed for the service of a summons
in a civil action;
(ii) By certified mail, return receipt requested;
(iii) By electronic means if there is an agreement
between the secretary and the person, firm, corporation, association, political subdivision, department of the state, or
agency, subdivision, or instrumentality of the United States
to accept service by electronic means;
(iv) By regular mail to a responsible parent's employer
unless the division of child support reasonably believes that
service of process in the manner prescribed in (d)(i) or (ii) of
this subsection is required for initiating an action to ensure
employer compliance with the withholding requirement; or
(v) By regular mail to an address if designated by the
financial institution as a central levy or garnishment address,
and if the notice is clearly identified as a levy or garnishment
order. Before the division of child support may initiate an
action for noncompliance with a withholding action against a
financial institution, the division of child support must serve
the order to withhold and deliver on the financial institution
in the manner described in (d)(i) or (ii) of this subsection.
(3) The division of child support may use uniform interstate withholding forms adopted by the United States department of health and human services to take withholding
actions under this section when the responsible parent is
owed money or property that is located in this state or in
another state.
(4) Any person, firm, corporation, association, political
subdivision, department of the state, or agency, subdivision,
or instrumentality of the United States upon whom service
has been made is hereby required to:
(a) Answer said order to withhold and deliver within
twenty days, exclusive of the day of service, under oath and
in writing, and shall make true answers to the matters
inquired of therein; and
(b) Provide further and additional answers when
requested by the secretary.
(5) The returned answer or a payment remitted to the
division of child support by the employer constitutes proof of
service of the order to withhold and deliver in the case where
the order was served by regular mail.
(6) Any such person, firm, corporation, association,
political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States in possession
of any property which may be subject to the claim of the
department shall:
(2004 Ed.)
74.20A.080
(a)(i) Immediately withhold such property upon receipt
of the order to withhold and deliver; and
(ii) Within seven working days deliver the property to
the secretary;
(iii) Continue to withhold earnings payable to the debtor
at each succeeding disbursement interval as provided for in
RCW 74.20A.090, and deliver amounts withheld from earnings to the secretary within seven working days of the date
earnings are payable to the debtor;
(iv) Deliver amounts withheld from periodic payments
to the secretary within seven working days of the date the
payments are payable to the debtor;
(v) Inform the secretary of the date the amounts were
withheld as requested under this section; or
(b) Furnish to the secretary a good and sufficient bond,
satisfactory to the secretary, conditioned upon final determination of liability.
(7) An order to withhold and deliver served under this
section shall not expire until:
(a) Released in writing by the division of child support;
(b) Terminated by court order;
(c) A person or entity, other than an employer as defined
in Title 50 RCW, who has received the order to withhold and
deliver does not possess property of or owe money to the
debtor; or
(d) An employer who has received the order to withhold
and deliver no longer employs, contracts, or owes money to
the debtor under a contract of employment, express or
implied.
(8) Where money is due and owing under any contract of
employment, express or implied, or is held by any person,
firm, corporation, or association, political subdivision, or
department of the state, or agency, subdivision, or instrumentality of the United States subject to withdrawal by the
debtor, such money shall be delivered by remittance payable
to the order of the secretary.
(9) Delivery to the secretary of the money or other property held or claimed shall satisfy the requirement and serve as
full acquittance of the order to withhold and deliver.
(10) A person, firm, corporation, or association, political
subdivision, department of the state, or agency, subdivision,
or instrumentality of the United States that complies with the
order to withhold and deliver under this chapter is not civilly
liable to the debtor for complying with the order to withhold
and deliver under this chapter.
(11) The secretary may hold the money or property
delivered under this section in trust for application on the
indebtedness involved or for return, without interest, in
accordance with final determination of liability or nonliability.
(12) Exemptions contained in RCW 74.20A.090 apply to
orders to withhold and deliver issued under this section.
(13) The secretary shall also, on or before the date of service of the order to withhold and deliver, mail or cause to be
mailed a copy of the order to withhold and deliver to the
debtor at the debtor's last known post office address, or, in the
alternative, a copy of the order to withhold and deliver shall
be served on the debtor in the same manner as a summons in
a civil action on or before the date of service of the order or
within two days thereafter. The copy of the order shall be
mailed or served together with a concise explanation of the
[Title 74 RCW—page 111]
74.20A.090
Title 74 RCW: Public Assistance
right to petition for judicial review. This requirement is not
jurisdictional, but, if the copy is not mailed or served as in
this section provided, or if any irregularity appears with
respect to the mailing or service, the superior court, in its discretion on motion of the debtor promptly made and supported
by affidavit showing that the debtor has suffered substantial
injury due to the failure to mail the copy, may set aside the
order to withhold and deliver and award to the debtor an
amount equal to the damages resulting from the secretary's
failure to serve on or mail to the debtor the copy.
(14) An order to withhold and deliver issued in accordance with this section has priority over any other wage
assignment, garnishment, attachment, or other legal process.
(15) The division of child support shall notify any person, firm, corporation, association, or political subdivision,
department of the state, or agency, subdivision, or instrumentality of the United States required to withhold and deliver the
earnings of a debtor under this action that they may deduct a
processing fee from the remainder of the debtor's earnings,
even if the remainder would otherwise be exempt under
RCW 74.20A.090. The processing fee shall not exceed ten
dollars for the first disbursement to the department and one
dollar for each subsequent disbursement under the order to
withhold and deliver. [2002 c 199 § 7; 2000 c 86 § 8; 1998 c
160 § 1. Prior: 1997 c 130 § 7; 1997 c 58 § 907; 1994 c 230
§ 20; prior: 1989 c 360 § 10; 1989 c 175 § 154; 1985 c 276 §
6; 1979 ex.s. c 171 § 6; 1973 1st ex.s. c 183 § 9; 1971 ex.s. c
164 § 8.]
Effective date—1998 c 160 §§ 1, 5, and 8: "Sections 1, 5, and 8 of this
act take effect October 1, 1998." [1998 c 160 § 9.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—1989 c 360 §§ 9, 10, 16, and 39: See note following
RCW 74.20A.060.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20A.090
74.20A.090 Certain amount of earnings exempt from
lien or order—"Earnings" and "disposable earnings"
defined. Whenever a support lien or order to withhold and
deliver is served upon any person, firm, corporation, association, political subdivision, or department of the state asserting
a support debt against earnings and there is in the possession
of such person, firm, corporation, association, political subdivision, or department of the state, any such earnings, RCW
6.27.150 shall not apply, but fifty percent of the disposable
earnings shall be exempt and may be disbursed to the debtor
whether such earnings are paid, or to be paid weekly,
monthly, or at other intervals and whether there be due the
debtor earnings for one week or for a longer period. The lien
or order to withhold and deliver shall continue to operate and
require said person, firm, corporation, association, political
subdivision, or department of the state to withhold the nonexempt portion of earnings at each succeeding earnings disbursement interval until the entire amount of the support debt
stated in the lien or order to withhold and deliver has been
withheld. As used in this chapter, the term "earnings" means
compensation paid or payable for personal services, whether
denominated as wages, salary, commission, bonus, or other[Title 74 RCW—page 112]
wise, and, notwithstanding any other provision of law making such payments exempt from garnishment, attachment, or
other process to satisfy support obligation, specifically
includes periodic payments pursuant to pension or retirement
programs, or insurance policies of any type, but does not
include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050 or Title 74 RCW.
Earnings shall specifically include all gain derived from capital, from labor, or from both combined, not including profit
gained through sale or conversion of capital assets. The term
"disposable earnings" means that part of the earnings of any
individual remaining after the deduction from those earnings
of any amount required by law to be withheld. [1982 1st ex.s.
c 18 § 12. Prior: 1982 c 201 § 21; 1979 ex.s. c 171 § 10; 1973
1st ex.s. c 183 § 10; 1971 ex.s. c 164 § 9.]
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20A.095 Support enforcement services—Action
against earnings within state—Notice. When providing
support enforcement services, the office of support enforcement may take action, under this chapter and chapter 26.23
RCW, against a responsible parent's earnings or assets,
located in, or subject to the jurisdiction of, the state of Washington regardless of the presence or residence of the responsible parent. If the responsible parent resides in another state
or country, the office of support enforcement shall, unless
otherwise authorized by state or federal law, serve a notice
under RCW 74.20A.040 more than sixty days before taking
collection action. [2000 c 86 § 9; 1991 c 367 § 48.]
74.20A.095
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
74.20A.100 Civil liability upon failure to comply with
order or lien—Collection. (1) Any person, firm, corporation, association, political subdivision, or department of the
state shall be liable to the department, or to the agency or firm
providing child support enforcement for another state, under
Title IV-D of the federal social security act and issuing a
notice, garnishment, or wage assignment attaching wages or
earnings in satisfaction of a support obligation, in the amount
that should have been withheld, together with costs, interest,
and reasonable attorney fees if that person or entity:
(a) Fails to answer an order to withhold and deliver, or
substantially similar action issued by the agency or firm providing child support enforcement for another state, under
Title IV-D of the federal social security act, within the time
prescribed herein;
(b) Fails or refuses to deliver property pursuant to said
order;
(c) After actual notice of filing of a support lien, pays
over, releases, sells, transfers, or conveys real or personal
property subject to a support lien to or for the benefit of the
debtor or any other person;
(d) Fails or refuses to surrender property distrained under
RCW 74.20A.130 upon demand; or
(e) Fails or refuses to honor an assignment of earnings
presented by the secretary.
(2) The secretary is authorized to issue a notice of noncompliance under RCW 74.20A.350 or to proceed in superior
74.20A.100
(2004 Ed.)
Support of Dependent Children—Alternative Method—1971 Act
court to obtain a judgment for noncompliance under this section. [1997 c 296 § 15; 1997 c 58 § 895; 1989 c 360 § 5; 1985
c 276 § 7; 1973 1st ex.s. c 183 § 11; 1971 ex.s. c 164 § 10.]
Reviser's note: This section was amended by 1997 c 58 § 895 and by
1997 c 296 § 15, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
74.20A.110
74.20A.110 Release of excess to debtor. Whenever
any person, firm, corporation, association, political subdivision or department of the state has in its possession earnings,
deposits, accounts, or balances in excess of the amount of the
debt claimed by the department, such person, firm, corporation, association, political subdivision or department of the
state may, without liability under this chapter, release said
excess to the debtor. [1979 ex.s. c 171 § 7; 1971 ex.s. c 164
§ 11.]
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20A.120
74.20A.120 Banks, savings and loan associations,
credit unions—Service on main office or branch, effect—
Collection actions against community bank account, right
to adjudicative proceeding. A lien, order to withhold and
deliver, or any other notice or document authorized by this
chapter or chapter 26.23 RCW may be served on the main
office of a bank, savings and loan association, or credit union
or on a branch office of such financial institution. Service on
the main office shall be effective to attach the deposits of a
responsible parent in the financial institution and compensation payable for personal services due the responsible parent
from the financial institution. Service on a branch office shall
be effective to attach the deposits, accounts, credits, or other
personal property of the responsible parent, excluding compensation payable for personal services, in the possession or
control of the particular branch served.
If the department initiates collection action under this
chapter against a community bank account, the debtor or the
debtor's spouse, upon service on the department of a timely
application, has a right to an adjudicative proceeding governed by chapter 34.05 RCW, the Administrative Procedure
Act, to establish that the funds in the account, or a portion of
those funds, were the earnings of the nonobligated spouse,
and are exempt from the satisfaction of the child support obligation of the debtor pursuant to RCW 26.16.200. [1989 c 360
§ 30; 1989 c 175 § 155; 1983 1st ex.s. c 41 § 3; 1971 ex.s. c
164 § 12.]
Reviser's note: This section was amended by 1989 c 175 § 155 and by
1989 c 360 § 30, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
74.20A.130
74.20A.130 Distraint, seizure and sale of property
subject to liens under RCW 74.20A.060—Procedure.
Whenever a support lien has been filed pursuant to RCW
74.20A.060, the secretary may collect the support debt stated
in said lien by the distraint, seizure, and sale of the property
(2004 Ed.)
74.20A.140
subject to said lien. Not less than ten days prior to the date of
sale, the secretary shall cause a copy of the notice of sale to
be transmitted by regular mail and by any form of mailing
requiring a return receipt to the debtor and any person known
to have or claim an interest in the property. Said notice shall
contain a general description of the property to be sold and
the time, date, and place of the sale. The notice of sale shall
be posted in at least two public places in the county wherein
the distraint has been made. The time of sale shall not be less
than ten nor more than twenty days from the date of posting
of such notices. Said sale shall be conducted by the secretary,
who shall proceed to sell such property by parcel or by lot at
a public auction, and who may set a minimum reasonable
price to include the expenses of making a levy and of advertising the sale, and if the amount bid for such property at the
sale is not equal to the price so fixed, the secretary may
declare such property to be purchased by the department for
such price, or may conduct another sale of such property pursuant to the provisions of this section. In the event of sale, the
debtor's account shall be credited with the amount for which
the property has been sold. Property acquired by the department as herein prescribed may be sold by the secretary at
public or private sale, and the amount realized shall be placed
in the state general fund to the credit of the department of
social and health services. In all cases of sale, as aforesaid,
the secretary shall issue a bill of sale or a deed to the purchaser and said bill of sale or deed shall be prima facie evidence of the right of the secretary to make such sale and conclusive evidence of the regularity of his proceeding in making the sale, and shall transfer to the purchaser all right, title,
and interest of the debtor in said property. The proceeds of
any such sale, except in those cases wherein the property has
been acquired by the department, shall be first applied by the
secretary to reimbursement of the costs of distraint and sale,
and thereafter in satisfaction of the delinquent account. Any
excess which shall thereafter remain in the hands of the secretary shall be refunded to the debtor. Sums so refundable to
a debtor may be subject to seizure or distraint by any taxing
authority of the state or its political subdivisions or by the
secretary for new sums due and owing subsequent to the subject proceeding. Except as specifically provided in this chapter, there shall be exempt from distraint, seizure, and sale
under this chapter such property as is exempt therefrom
under the laws of this state. [1987 c 435 § 32; 1973 1st ex.s.
c 183 § 12; 1971 ex.s. c 164 § 13.]
Effective date—1987 c 435: See RCW 26.23.900.
74.20A.140
74.20A.140 Action for foreclosure of support lien—
Satisfaction. Whenever a support lien has been filed, an
action in foreclosure of lien upon real or personal property
may be brought in the superior court of the county where real
or personal property is or was located and the lien was filed
and judgment shall be rendered in favor of the department for
the amount due, with costs, and the court shall allow, as part
of the costs, the moneys paid for making and filing the claim
of lien, and a reasonable attorney's fee, and the court shall
order any property upon which any lien provided for by this
chapter is established, to be sold by the sheriff of the proper
county to satisfy the lien and costs. The payment of the lien
debt, costs and reasonable attorney fees, at any time before
[Title 74 RCW—page 113]
74.20A.150
Title 74 RCW: Public Assistance
sale, shall satisfy the judgment of foreclosure. Where the net
proceeds of sale upon application to the debt claimed do not
satisfy the debt in full, the department shall have judgment
over for any deficiency remaining unsatisfied and further
levy and sales upon other property of the judgment debtor
may be made under the same execution. In all sales contemplated under this section, advertising of notice shall only be
necessary for two weeks in a newspaper published in the
county where said property is located, and if there be no
newspaper therein, then in the most convenient newspaper
having a circulation in such county. Remedies provided for
herein are alternatives to remedies provided for in other sections of this chapter. [1973 1st ex.s. c 183 § 13; 1971 ex.s. c
164 § 14.]
74.20A.150 Satisfaction of lien after foreclosure proceedings instituted—Redemption. Any person owning real
property, or any interest in real property, against which a support lien has been filed and foreclosure instituted, shall have
the right to pay the amount due, together with expenses of the
proceedings and reasonable attorney fees to the secretary and
upon such payment the secretary shall restore said property to
him and all further proceedings in the said foreclosure action
shall cease. Said person shall also have the right within two
hundred forty days after sale of property foreclosed under
RCW 74.20A.140 to redeem said property by making payment to the purchaser in the amount paid by the purchaser
plus interest thereon at the rate of six percent per annum.
[1973 1st ex.s. c 183 § 14; 1971 ex.s. c 164 § 15.]
74.20A.150
74.20A.160 Secretary may set debt payment schedule, release funds in certain hardship cases. With respect
to any arrearages on a support debt assessed under this chapter, the secretary may at any time consistent with the income,
earning capacity and resources of the debtor, set or reset a
level and schedule of payments to be paid upon a support
debt. The secretary may, upon petition of the debtor providing sufficient evidence of hardship, after consideration of the
child support schedule adopted under *RCW 26.19.040,
release or refund moneys taken pursuant to RCW 74.20A.080
to provide for the reasonable necessities of the responsible
parent or parents and minor children in the home of the
responsible parent. Nothing in this section shall be construed
to require the secretary to take any action which would
require collection of less than the obligation for current support required under a superior court order or an administrative order or to take any action which would result in a bar of
collection of arrearages from the debtor by reason of the statute of limitations. [1988 c 275 § 11; 1985 c 276 § 8; 1979
ex.s. c 171 § 8; 1971 ex.s. c 164 § 16.]
74.20A.160
*Reviser's note: RCW 26.19.040 was repealed by 1991 sp.s. c 28 § 8,
effective September 1, 1991.
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
adequate by the secretary, or if said action will facilitate the
collection of the debt, but said release or return shall not operate to prevent future action to collect from the same or other
property. [1973 1st ex.s. c 183 § 15; 1971 ex.s. c 164 § 17.]
74.20A.180
74.20A.180 Secretary may make demand, file and
serve liens, when payments appear in jeopardy. If the secretary finds that the collection of any support debt, accrued
under a support order, based upon subrogation or an authorization to enforce and collect under RCW 74.20A.030, or
assignment of, or a request for support enforcement services
to enforce and collect the amount of support ordered by any
support order is in jeopardy, the secretary may make a written
demand under RCW 74.20A.040 for immediate payment of
the support debt and, upon failure or refusal immediately to
pay said support debt, may file and serve liens pursuant to
RCW 74.20A.060 and 74.20A.070, without regard to the
twenty day period provided for in RCW 74.20A.040: PROVIDED, That no further action under RCW 74.20A.080,
74.20A.130, and 74.20A.140 may be taken until the notice
requirements of RCW 74.20A.040 are met. [2000 c 86 § 10;
1985 c 276 § 9; 1973 1st ex.s. c 183 § 16; 1971 ex.s. c 164 §
18.]
74.20A.188
74.20A.188 Request for assistance on automated
enforcement of interstate case—Certification required.
(1) Before the state may assist another state or jurisdiction
with a high-volume automated administrative enforcement of
an interstate case, the requesting state must certify that:
(a) The requesting state has met all due process requirements for the establishment of the support order;
(b) The requesting state has met all due process requirements for the enforcement of the support order, including that
the obligor has been notified that another state may take
action against the obligor's wages, earnings, assets, or benefits, and may enforce against the obligor's real and personal
property under the child support statutes of this state or any
other state without further notice; and
(c) The amount of arrears transmitted by the requesting
state is due under the support order.
(2) Receipt of a request for assistance on automated
enforcement of an interstate case by the state constitutes certification under this section. [2000 c 86 § 11.]
74.20A.200
74.20A.200 Judicial relief after administrative remedies exhausted. Any person against whose property a support lien has been filed or an order to withhold and deliver has
been served pursuant to this chapter may apply for relief to
the superior court of the county wherein the property is
located. It is the intent of this chapter that jurisdictional and
constitutional issues, if any, shall be subject to review, but
that administrative remedies be exhausted prior to judicial
review. [1985 c 276 § 10; 1979 ex.s. c 171 § 9; 1973 1st ex.s.
c 183 § 18; 1971 ex.s. c 164 § 20.]
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20A.170 Secretary may release lien or order or
return seized property—Effect. The secretary may at any
time release a support lien, or order to withhold and deliver,
on all or part of the property of the debtor, or return seized
property without liability, if assurance of payment is deemed
74.20A.170
[Title 74 RCW—page 114]
74.20A.220
74.20A.220 Charging off child support debts as
uncollectible—Compromise—Waiver of any bar to collection. Any support debt due the department from a responsible parent may be written off and cease to be accounted as
(2004 Ed.)
Support of Dependent Children—Alternative Method—1971 Act
an asset if the secretary finds there are no cost-effective
means of collecting the debt.
The department may accept offers of compromise of disputed claims or may grant partial or total charge-off of support arrears owed to the department up to the total amount of
public assistance paid to or for the benefit of the persons for
whom the support obligation was incurred. The department
shall adopt rules as to the considerations to be made in the
granting or denial of partial or total charge-off and offers of
compromise of disputed claims of debt for support arrears.
The rights of the payee under an order for support shall not be
prejudiced if the department accepts an offer of compromise,
or grants a partial or total charge-off under this section.
The responsible parent owing a support debt may execute a written extension or waiver of any statute which may
bar or impair the collection of the debt and the extension or
waiver shall be effective according to its terms. [1989 c 360
§ 4; 1989 c 78 § 2; 1979 ex.s. c 171 § 16; 1973 1st ex.s. c 183
§ 20; 1971 ex.s. c 164 § 22.]
Reviser's note: This section was amended by 1989 c 78 § 2 and by
1989 c 360 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20A.230
74.20A.230 Employee debtor rights protected—
Remedies. No employer shall discharge or discipline an
employee or refuse to hire a person for reason that an assignment of earnings has been presented in settlement of a support debt or that a support lien or order to withhold and
deliver has been served against said employee's earnings. If
an employer discharges or disciplines an employee or refuses
to hire a person in violation of this section, the employee or
person shall have a cause of action against the employer. The
employer shall be liable for double the amount of lost wages
and any other damages suffered as a result of the violation
and for costs and reasonable attorney fees, and shall be subject to a civil penalty of not more than two thousand five hundred dollars for each violation. The employer may also be
ordered to hire, rehire, or reinstate the aggrieved individual.
[1985 c 276 § 11; 1973 1st ex.s. c 183 § 21; 1971 ex.s. c 164
§ 23.]
74.20A.240
74.20A.240 Assignment of earnings to be honored—
Effect—Processing fee. Any person, firm, corporation,
association, political subdivision, department of the state, or
agency, subdivision, or instrumentality of the United States
employing a person owing a support debt or obligation, shall
honor, according to its terms, a duly executed assignment of
earnings presented by the secretary as a plan to satisfy or
retire a support debt or obligation. This requirement to honor
the assignment of earnings and the assignment of earnings
itself shall be applicable whether said earnings are to be paid
presently or in the future and shall continue in force and
effect until released in writing by the secretary. Payment of
moneys pursuant to an assignment of earnings presented by
the secretary shall serve as full acquittance under any contract
of employment. A person, firm, corporation, association,
political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States that complies
with the assignment of earnings under this chapter is not civ(2004 Ed.)
74.20A.270
illy liable to the debtor for complying with the assignment of
earnings under this chapter. The secretary shall be released
from liability for improper receipt of moneys under an
assignment of earnings upon return of any moneys so
received.
An assignment of earnings presented by the secretary in
accordance with this section has priority over any other wage
assignment, garnishment, attachment, or other legal process
except for another wage assignment, garnishment, attachment, or other legal process for support moneys.
The employer may deduct a processing fee from the
remainder of the debtor's earnings, even if the remainder
would be exempt under RCW 74.20A.090. The processing
fee shall not exceed fifteen dollars from the first disbursement to the department and one dollar for each subsequent
disbursement under the assignment of earnings. [1997 c 296
§ 16; 1994 c 230 § 21; 1985 c 276 § 12; 1973 1st ex.s. c 183
§ 22; 1971 ex.s. c 164 § 24.]
74.20A.250
74.20A.250 Secretary empowered to act as attorney,
endorse drafts. Whenever the secretary has been authorized
under RCW 74.20.040 to take action to establish, enforce,
and collect support moneys, the custodial parent and the child
or children are deemed, without the necessity of signing any
document, to have appointed the secretary as his or her true
and lawful attorney in fact to act in his or her name, place,
and stead to perform the specific act of endorsing any and all
drafts, checks, money orders or other negotiable instruments
representing support payments which are received on behalf
of said child or children to effect proper and lawful distribution of the support moneys in accordance with 42 U.S.C. Sec.
657. [1985 c 276 § 13; 1979 ex.s. c 171 § 20; 1973 1st ex.s.
c 183 § 23; 1971 ex.s. c 164 § 25.]
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20A.260
74.20A.260 Industrial insurance disability payments
subject to collection by office of support enforcement.
Disability payments made pursuant to Title 51 RCW shall be
classified as earnings and shall be subject to collection action
by the office for support enforcement under this chapter and
all other applicable state statutes. [1987 c 435 § 34; 1973 1st
ex.s. c 183 § 24.]
Effective date—1987 c 435: See RCW 26.23.900.
74.20A.270
74.20A.270 Department claim for support moneys—
Notice—Answer—Adjudicative proceeding—Judicial
review—Moneys not subject to claim. (1) The secretary
may issue a notice of retained support or notice to recover a
support payment to any person:
(a) Who is in possession of support moneys, or who has
had support moneys in his or her possession at some time in
the past, which support moneys were or are claimed by the
department as the property of the department by assignment,
subrogation, or by operation of law or legal process under
chapter 74.20A RCW;
(b) Who has received a support payment erroneously
directed to the wrong payee, or issued by the department in
error; or
(c) Who is in possession of a support payment obtained
through the internal revenue service tax refund offset process,
[Title 74 RCW—page 115]
74.20A.275
Title 74 RCW: Public Assistance
which payment was later reclaimed from the department by
the internal revenue service as a result of an amended tax
return filed by the obligor or the obligor's spouse.
(2) The notice shall state the legal basis for the claim and
shall provide sufficient detail to enable the person to identify
the support moneys in issue.
(3) The department shall serve the notice by certified
mail, return receipt requested, or in the manner of a summons
in a civil action.
(4) The amounts claimed in the notice shall become
assessed, determined, and subject to collection twenty days
from the date of service of the notice unless within those
twenty days the person in possession of the support moneys:
(a) Acknowledges the department's right to the moneys
and executes an agreed settlement providing for repayment of
the moneys; or
(b) Requests an adjudicative proceeding to determine the
rights to ownership of the support moneys in issue. The hearing shall be held pursuant to this section, chapter 34.05 RCW,
the Administrative Procedure Act, and the rules of the department. The burden of proof to establish ownership of the support moneys claimed is on the department.
(5) After the twenty-day period, a person served with a
notice under this section may, at any time within one year
from the date of service of the notice of support debt, petition
the secretary or the secretary's designee for an adjudicative
proceeding upon a showing of any of the grounds enumerated
in RCW 4.72.010 or superior court civil rule 60. A copy of
the petition shall also be served on the department. The filing
of the petition shall not stay any collection action being
taken, but the debtor may petition the secretary or the secretary's designee for an order staying collection action pending
the final administrative order. Any such moneys held and/or
taken by collection action after the date of any such stay shall
be held by the department pending the final order, to be disbursed in accordance with the final order.
(6) If the debtor fails to attend or participate in the hearing or other stage of an adjudicative proceeding, the presiding
officer shall, upon showing of valid service, enter an order
declaring the amount of support moneys, as claimed in the
notice, to be assessed and determined and subject to collection action.
(7) The department may take action to collect an obligation established under this section using any remedy available under this chapter or chapter 26.09, 26.18, 26.23, or
74.20 RCW for the collection of child support.
(8) If, at any time, the superior court enters judgment for
an amount of debt at variance with the amount determined by
the final order in an adjudicative proceeding, the judgment
shall supersede the final administrative order. The department may take action pursuant to chapter 74.20 or 74.20A
RCW to obtain such a judgment or to collect moneys determined by such a judgment to be due and owing.
(9) If a person owing a debt established under this section is receiving public assistance, the department may collect the debt by offsetting up to ten percent of the grant payment received by the person. No collection action may be
taken against the earnings of a person receiving cash public
assistance to collect a debt assessed under this section.
(10) Payments not credited against the department's debt
pursuant to RCW 74.20.101 may not be assessed or collected
[Title 74 RCW—page 116]
under this section. [1997 c 58 § 896. Prior: 1989 c 360 § 35;
1989 c 175 § 156; 1985 c 276 § 14; 1984 c 260 § 41; 1979
ex.s. c 171 § 18.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1984 c 260: See RCW 26.18.900.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20A.275
74.20A.275 Support payments in possession of third
parties—Collection. (1) If a person or entity not entitled to
child support payments wrongfully or negligently retains
child support payments owed to another or to the Washington
state support registry, those payments retain their character as
child support payments and may be collected by the division
of child support using any remedy available to the division of
child support under Washington law for the collection of
child support.
(2) Child support moneys subject to collection under this
section may be collected for the duration of the statute of limitations as it applies to the support order governing the support obligations, and any legislative or judicial extensions
thereto.
(3) This section applies to the following:
(a) Cases in which an employer or other entity obligated
to withhold child support payments from the parent's pay,
bank, or escrow account, or from any other asset or distribution of money to the parent, has withheld those payments and
failed to remit them to the payee;
(b) Cases in which child support moneys have been paid
to the wrong person or entity in error;
(c) Cases in which child support recipients have retained
child support payments in violation of a child support assignment executed or arising by operation of law in exchange for
the receipt of public assistance; and
(d) Any other case in which child support payments are
retained by a party not entitled to them.
(4) This section does not apply to fines levied under
RCW 74.20A.350(3)(b). [1997 c 58 § 892.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
74.20A.280
74.20A.280 Department to respect privacy of recipients. While discharging its responsibilities to enforce the
support obligations of responsible parents, the department
shall respect the right of privacy of recipients of public assistance and of other persons. Any inquiry about sexual activity
shall be limited to that necessary to identify and locate possible fathers and to gather facts needed in the adjudication of
parentage. [1987 c 441 § 2; 1979 ex.s. c 171 § 23.]
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20A.290
74.20A.290 Applicant for adjudicative proceeding
must advise department of current address. Whenever
any person files an application for an adjudicative proceeding
under RCW 74.20A.055 or 74.20A.270, after the department
has notified the person of the requirements of this section, it
(2004 Ed.)
Support of Dependent Children—Alternative Method—1971 Act
shall be the responsibility of the person to notify the department of the person's mailing address at the time the application for an adjudicative proceeding is made and also to notify
the department of any subsequent change of mailing address
during the pendency of the administrative proceeding and
any judicial review. Whenever the person has a duty under
this section to advise the department of the person's mailing
address, mailing by the department by certified mail to the
person's last known address constitutes service as required by
chapters 74.20A and 34.05 RCW. [1989 c 175 § 157; 1979
ex.s. c 171 § 21.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
74.20A.300 Health insurance coverage required. (1)
Whenever a support order is entered or modified under this
chapter, the department shall require the responsible parent to
maintain or provide health insurance coverage for any dependent child as provided under RCW 26.09.105.
(2) "Health insurance coverage" as used in this section
does not include medical assistance provided under chapter
74.09 RCW.
(3) A parent ordered to provide health insurance coverage shall provide proof of such coverage or proof that such
coverage is unavailable to the department within twenty days
of the entry of the order.
(4) Every order requiring a parent to provide health
insurance coverage shall be entered in compliance with
*RCW 26.23.050 and be subject to direct enforcement as
provided under chapter 26.18 RCW. [1994 c 230 § 22; 1989
c 416 § 6.]
74.20A.300
*Reviser's note: The reference to RCW 26.23.050 appears to refer to
the amendments made by 1989 c 416 § 8 that were subsequently vetoed by
the governor.
74.20A.310 Federal and state cooperation—Rules—
Construction. In furtherance of the policy of the state to
cooperate with the federal government in the administration
of the child support enforcement program, the department
may adopt such rules and regulations as may become necessary to entitle the state to participate in federal funds, unless
such rules would be expressly prohibited by law. Any section
or provision of law dealing with the child support program
which may be susceptible to more than one construction shall
be interpreted in favor of the construction most likely to comply with federal laws entitling the state to receive federal
funds. If any law dealing with the child support enforcement
program is ruled to be in conflict with federal requirements
which are a prescribed condition of the allocation of federal
funds, such conflicting law is declared to be inoperative
solely to the extent of the conflict. [1989 c 416 § 7.]
74.20A.310
74.20A.320 License suspension program—Noncompliance with a child support order—Certification of noncompliance—Notice, adjudicative proceeding—Stay of
certification—Rules. (1) The department may serve upon a
responsible parent a notice informing the responsible parent
of the department's intent to submit the parent's name to the
department of licensing and any appropriate licensing entity
as a licensee who is not in compliance with a child support
order. The department shall attach a copy of the responsible
74.20A.320
(2004 Ed.)
74.20A.320
parent's child support order to the notice. Service of the
notice must be by certified mail, return receipt requested. If
service by certified mail is not successful, service shall be by
personal service.
(2) The notice of noncompliance must include the
address and telephone number of the department's division of
child support office that issues the notice and must inform the
responsible parent that:
(a) The parent may request an adjudicative proceeding to
contest the issue of compliance with the child support order.
The only issues that may be considered at the adjudicative
proceeding are whether the parent is required to pay child
support under a child support order and whether the parent is
in compliance with that order;
(b) A request for an adjudicative proceeding shall be in
writing and must be received by the department within
twenty days of the date of service of the notice;
(c) If the parent requests an adjudicative proceeding
within twenty days of service, the department will stay action
to certify the parent to the department of licensing and any
licensing entity for noncompliance with a child support order
pending entry of a written decision after the adjudicative proceeding;
(d) If the parent does not request an adjudicative proceeding within twenty days of service and remains in noncompliance with a child support order, the department will
certify the parent's name to the department of licensing and
any appropriate licensing entity for noncompliance with a
child support order;
(e) The department will stay action to certify the parent
to the department of licensing and any licensing entity for
noncompliance if the parent agrees to make timely payments
of current support and agrees to a reasonable payment schedule for payment of the arrears. It is the parent's responsibility
to contact in person or by mail the department's division of
child support office indicated on the notice within twenty
days of service of the notice to arrange for a payment schedule. The department may stay certification for up to thirty
days after contact from a parent to arrange for a payment
schedule;
(f) If the department certifies the responsible parent to
the department of licensing and a licensing entity for noncompliance with a child support order, the licensing entity
will suspend or not renew the parent's license and the department of licensing will suspend or not renew any driver's
license that the parent holds until the parent provides the
department of licensing and the licensing entity with a release
from the department stating that the responsible parent is in
compliance with the child support order;
(g) If the department certifies the responsible parent as a
person who is in noncompliance with a child support order,
the department of fish and wildlife will suspend the fishing
license, hunting license, commercial fishing license, or any
other license issued under chapters 77.32, 77.28 *[75.28],
and *75.25 RCW that the responsible parent may possess.
Notice from the department of licensing that a responsible
parent's driver's license has been suspended shall serve as
notice of the suspension of a license issued under chapters
77.32 and *75.25 RCW;
[Title 74 RCW—page 117]
74.20A.320
Title 74 RCW: Public Assistance
(h) Suspension of a license will affect insurability if the
responsible parent's insurance policy excludes coverage for
acts occurring after the suspension of a license;
(i) If after receiving the notice of noncompliance with a
child support order, the responsible parent files a motion to
modify support with the court or requests the department to
amend a support obligation established by an administrative
decision, or if a motion for modification of a court or administrative order for child support is pending, the department or
the court may stay action to certify the parent to the department of licensing and any licensing entity for noncompliance
with a child support order. A stay shall not exceed six months
unless the department finds good cause. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the
motion or request for modification; and
(j) If the responsible parent subsequently becomes in
compliance with the child support order, the department will
promptly provide the parent with a release stating that the
parent is in compliance with the order, and the parent may
request that the licensing entity or the department of licensing
reinstate the suspended license.
(3) A responsible parent may request an adjudicative
proceeding upon service of the notice described in subsection
(1) of this section. The request for an adjudicative proceeding
must be received by the department within twenty days of
service. The request must be in writing and indicate the current mailing address and daytime phone number, if available,
of the responsible parent. The proceedings under this subsection shall be conducted in accordance with the requirements
of chapter 34.05 RCW. The issues that may be considered at
the adjudicative proceeding are limited to whether:
(a) The person named as the responsible parent is the
responsible parent;
(b) The responsible parent is required to pay child support under a child support order; and
(c) The responsible parent is in compliance with the
order.
(4) The decision resulting from the adjudicative proceeding must be in writing and inform the responsible parent of
his or her rights to review. The parent's copy of the decision
may be sent by regular mail to the parent's most recent
address of record.
(5) If a responsible parent contacts the department's division of child support office indicated on the notice of noncompliance within twenty days of service of the notice and
requests arrangement of a payment schedule, the department
shall stay the certification of noncompliance during negotiation of the schedule for payment of arrears. In no event shall
the stay continue for more than thirty days from the date of
contact by the parent. The department shall establish a schedule for payment of arrears that is fair and reasonable, and that
considers the financial situation of the responsible parent and
the needs of all children who rely on the responsible parent
for support. At the end of the thirty days, if no payment
schedule has been agreed to in writing and the department has
acted in good faith, the department shall proceed with certification of noncompliance.
(6) If a responsible parent timely requests an adjudicative proceeding pursuant to subsection (4) of this section, the
department may not certify the name of the parent to the
[Title 74 RCW—page 118]
department of licensing or a licensing entity for noncompliance with a child support order unless the adjudicative proceeding results in a finding that the responsible parent is not
in compliance with the order.
(7) The department may certify to the department of
licensing and any appropriate licensing entity the name of a
responsible parent who is not in compliance with a child support order or a residential or visitation order if:
(a) The responsible parent does not timely request an
adjudicative proceeding upon service of a notice issued under
subsection (1) of this section and is not in compliance with a
child support order twenty-one days after service of the
notice;
(b) An adjudicative proceeding results in a decision that
the responsible parent is not in compliance with a child support order;
(c) The court enters a judgment on a petition for judicial
review that finds the responsible parent is not in compliance
with a child support order;
(d) The department and the responsible parent have been
unable to agree on a fair and reasonable schedule of payment
of the arrears;
(e) The responsible parent fails to comply with a payment schedule established pursuant to subsection (5) of this
section; or
**The department shall send by regular mail a copy of
any certification of noncompliance filed with the department
of licensing or a licensing entity to the responsible parent at
the responsible parent's most recent address of record.
(8) The department of licensing and a licensing entity
shall, without undue delay, notify a responsible parent certified by the department under subsection (7) of this section
that the parent's driver's license or other license has been suspended because the parent's name has been certified by the
department as a responsible parent who is not in compliance
with a child support order or a residential or visitation order.
(9) When a responsible parent who is served notice
under subsection (1) of this section subsequently complies
with the child support order, or when the department receives
a court order under ***section 886 of this act stating that the
parent is in compliance with a residential or visitation order,
the department shall promptly provide the parent with a
release stating that the responsible parent is in compliance
with the order. A copy of the release shall be transmitted by
the department to the appropriate licensing entities.
(10) The department may adopt rules to implement and
enforce the requirements of this section. The department shall
deliver a copy of rules adopted to implement and enforce this
section to the legislature by June 30, 1998.
(11) Nothing in this section prohibits a responsible parent from filing a motion to modify support with the court or
from requesting the department to amend a support obligation established by an administrative decision. If there is a
reasonable likelihood that a pending motion or request will
significantly change the amount of the child support obligation, the department or the court may stay action to certify the
responsible parent to the department of licensing and any
licensing entity for noncompliance with a child support order.
A stay shall not exceed six months unless the department
finds good cause to extend the stay. The responsible parent
has the obligation to notify the department that a modifica(2004 Ed.)
Support of Dependent Children—Alternative Method—1971 Act
tion proceeding is pending and provide a copy of the motion
or request for modification.
(12) The department of licensing and a licensing entity
may renew, reinstate, or otherwise extend a license in accordance with the licensing entity's or the department of licensing's rules after the licensing entity or the department of
licensing receives a copy of the release specified in subsection (9) of this section. The department of licensing and a
licensing entity may waive any applicable requirement for
reissuance, renewal, or other extension if it determines that
the imposition of that requirement places an undue burden on
the person and that waiver of the requirement is consistent
with the public interest.
(13) The procedures in chapter 58, Laws of 1997, constitute the exclusive administrative remedy for contesting the
establishment of noncompliance with a child support order
and suspension of a license under this section, and satisfy the
requirements of RCW 34.05.422. [1997 c 58 § 802.]
Reviser's note: *(1) Chapters 75.25 and 75.28 RCW were recodified,
repealed, or decodified by 2000 c 107. See Comparative Table for that chapter in the Table of Disposition of Former RCW Sections, Volume 0.
**(2) Subsection (7)(f) of this section was vetoed by the governor. The
vetoed language is as follows:
"(f) The department is ordered to certify the responsible parent by a
court order under section 887 of this act."
***(3) Section 886 of this act was vetoed by the governor.
Effective dates—1997 c 58: "*(2) Sections 801 through 887, 889, and
890 of this act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and take effect July 1, 1997.
(3) Sections 701 through 704 of this act take effect January 1, 1998.
(4) Section 944 of this act takes effect October 1, 1998." [1997 c 58 §
1013.]
*Reviser's note: Subsection (1) of this section was vetoed by the governor. The vetoed language is as follows:
"(1) Sections 1, 2, 101 through 110, 201 through 207, 301 through 329,
401 through 404, 501 through 506, 601, 705, 706, 888, 891 through 943, 945
through 948, and 1002 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government
and its existing public institutions, and take effect immediately."
Intent—1997 c 58: "It is the intent of the legislature to provide a strong
incentive for persons owing child support to make timely payments, and to
cooperate with the department of social and health services to establish an
appropriate schedule for the payment of any arrears. To further ensure that
child support obligations are met, sections 801 through 890 of this act establish a program by which certain licenses may be suspended or not renewed if
a person is one hundred eighty days or more in arrears on child support payments.
In the implementation and management of this program, it is the legislature's intent that the objective of the department of social and health services be to obtain payment in full of arrears, or where that is not possible, to
enter into agreements with delinquent obligors to make timely support payments and make reasonable payments towards the arrears. The legislature
intends that if the obligor refuses to cooperate in establishing a fair and reasonable payment schedule for arrears or refuses to make timely support payments, the department shall proceed with certification to a licensing entity or
the department of licensing that the person is not in compliance with a child
support order." [1997 c 58 § 801.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
74.20A.330
74.20A.330 License suspension—Agreements
between department and licensing entities—Identification of responsible parents. (1) The department and all of
the various licensing entities subject to RCW 74.20A.320
shall enter into such agreements as are necessary to carry out
(2004 Ed.)
74.20A.350
the requirements of the license suspension program established in RCW 74.20A.320.
(2) The department and all licensing entities subject to
RCW 74.20A.320 shall compare data to identify responsible
parents who may be subject to the provisions of chapter 58,
Laws of 1997. The comparison may be conducted electronically, or by any other means that is jointly agreeable between
the department and the particular licensing entity. The data
shared shall be limited to those items necessary to [for]
implementation of chapter 58, Laws of 1997. The purpose of
the comparison shall be to identify current licensees who are
not in compliance with a child support order, and to provide
to the department the following information regarding those
licensees:
(a) Name;
(b) Date of birth;
(c) Address of record;
(d) Federal employer identification number and social
security number;
(e) Type of license;
(f) Effective date of license or renewal;
(g) Expiration date of license; and
(h) Active or inactive status. [1997 c 58 § 803.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
74.20A.350
74.20A.350 Noncompliance—Notice—Fines—
License suspension—Hearings—Rules. (1) The division of
child support may issue a notice of noncompliance to any
person, firm, entity, or agency of state or federal government
that the division believes is not complying with:
(a) A notice of payroll deduction issued under chapter
26.23 RCW;
(b) A lien, order to withhold and deliver, or assignment
of earnings issued under this chapter;
(c) Any other wage assignment, garnishment, attachment, or withholding instrument properly served by the
agency or firm providing child support enforcement services
for another state, under Title IV-D of the federal social security act;
(d) A subpoena issued by the division of child support, or
the agency or firm providing child support enforcement for
another state, under Title IV-D of the federal social security
act;
(e) An information request issued by the division of child
support, or the agency or firm providing child support
enforcement for another state under Title IV-D of the federal
social security act, to an employer or entity required to
respond to such requests under RCW 74.20A.360; or
(f) The duty to report newly hired employees imposed by
RCW 26.23.040.
(2) Liability for noncompliance with a wage withholding, garnishment, order to withhold and deliver, or any other
lien or attachment issued to secure payment of child support
is governed by RCW 26.23.090 and 74.20A.100, except that
liability for noncompliance with remittance time frames is
governed by subsection (3) of this section.
[Title 74 RCW—page 119]
74.20A.360
Title 74 RCW: Public Assistance
(3) The division of child support may impose fines of up
to one hundred dollars per occurrence for:
(a) Noncompliance with a subpoena or an information
request issued by the division of child support, or the agency
or firm providing child support enforcement services for
another state under Title IV-D of the federal social security
act;
(b) Noncompliance with the required time frames for
remitting withheld support moneys to the Washington state
support registry, or the agency or firm providing child support enforcement services for another state, except that no liability shall be established for failure to make timely remittance unless the division of child support has provided the
person, firm, entity, or agency of state or federal government
with written warning:
(i) Explaining the duty to remit withheld payments
promptly;
(ii) Explaining the potential for fines for delayed submission; and
(iii) Providing a contact person within the division of
child support with whom the person, firm, entity, or agency
of state or federal government may seek assistance with child
support withholding issues.
(4) The division of child support may assess fines
according to RCW 26.23.040 for failure to comply with
employer reporting requirements.
(5) The division of child support may suspend licenses
for failure to comply with a subpoena issued under RCW
74.20.225.
(6) The division of child support may serve a notice of
noncompliance by personal service or by any method of
mailing requiring a return receipt.
(7) The liability asserted by the division of child support
in the notice of noncompliance becomes final and collectible
on the twenty-first day after the date of service, unless within
that time the person, firm, entity, or agency of state or federal
government:
(a) Initiates an action in superior court to contest the
notice of noncompliance;
(b) Requests a hearing by delivering a hearing request to
the division of child support in accordance with rules adopted
by the secretary under this section; or
(c) Contacts the division of child support and negotiates
an alternate resolution to the asserted noncompliance or demonstrates that the person, firm, entity, or agency of state or
federal government has complied with the child support processes.
(8) The notice of noncompliance shall contain:
(a) A full and fair disclosure of the rights and obligations
created by this section; and
(b) Identification of the:
(i) Child support process with respect to which the division of child support is alleging noncompliance; and
(ii) State child support enforcement agency issuing the
original child support process.
(9) In an administrative hearing convened under subsection (7)(b) of this section, the presiding officer shall determine whether or not, and to what extent, liability for noncompliance exists under this section, and shall enter an order containing these findings. If liability does exist, the presiding
officer shall include language in the order advising the parties
[Title 74 RCW—page 120]
to the proceeding that the liability may be collected by any
means available to the division of child support under subsection (12) of this section without further notice to the liable
party.
(10) Hearings under this section are governed by the
administrative procedure act, chapter 34.05 RCW.
(11) After the twenty days following service of the
notice, the person, firm, entity, or agency of state or federal
government may petition for a late hearing. A petition for a
late hearing does not stay any collection action to recover the
debt. A late hearing is available upon a showing of any of the
grounds stated in civil rule 60 for the vacation of orders.
(12) The division of child support may collect any obligation established under this section using any of the remedies available under chapter 26.09, 26.18, 26.21, 26.23,
74.20, or 74.20A RCW for the collection of child support.
(13) The division of child support may enter agreements
for the repayment of obligations under this section. Agreements may:
(a) Suspend the obligation imposed by this section conditioned on future compliance with child support processes.
Such suspension shall end automatically upon any failure to
comply with a child support process. Amounts suspended
become fully collectible without further notice automatically
upon failure to comply with a child support process;
(b) Resolve amounts due under this section and provide
for repayment.
(14) The secretary may adopt rules to implement this
section. [1997 c 58 § 893.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
74.20A.360
74.20A.360 Records access—Confidentiality—Nonliability—Penalty for noncompliance. (1) Notwithstanding
any other provision of Washington law, the division of child
support, the Washington state support registry, or the agency
or firm providing child support enforcement services for
another state under Title IV-D of the federal social security
act may access records of the following nature, in the possession of any agency or entity listed in this section:
(a) Records of state and local agencies, including but not
limited to:
(i) The state registrar, including but not limited to
records of birth, marriage, and death;
(ii) Tax and revenue records, including, but not limited
to, information on residence addresses, employers, and
assets;
(iii) Records concerning real and titled personal property;
(iv) Records of occupational, professional, and recreational licenses and records concerning the ownership and
control of corporations, partnerships, and other business entities;
(v) Employment security records;
(vi) Records of agencies administering public assistance
programs; and
(vii) Records of the department of corrections, and of
county and municipal correction or confinement facilities;
(2004 Ed.)
Job Opportunities and Basic Skills Training Program
(b) Records of public utilities and cable television companies relating to persons who owe or are owed support, or
against whom a support obligation is sought, including
names and addresses of the individuals, and employers'
names and addresses pursuant to RCW 74.20.225 and RCW
74.20A.120; and
(c) Records held by financial institutions, pursuant to
RCW 74.20A.370.
(2) Upon the request of the division of child support, the
Washington state support registry, or the agency or firm providing child support enforcement services for another state
under Title IV-D of the social security act, any employer
shall provide information as to the employment, earnings,
benefits, and residential address and phone number of any
employee.
(3) Entities in possession of records described in subsection (1)(a) and (c) of this section must provide information
and records upon the request of the division of child support,
the Washington state support registry, or the agency or firm
providing child support enforcement services for another
state under Title IV-D of the federal social security act. The
division of child support may enter into agreements providing for electronic access to these records.
(4) Public utilities and cable television companies must
provide the information in response to a judicial or administrative subpoena issued by the division of child support, the
Washington state support registry, or the agency or firm providing child support enforcement services for another state
under Title IV-D of the federal social security act.
(5) Entities responding to information requests and subpoenas under this section are not liable for disclosing information pursuant to the request or subpoena.
(6) The division of child support shall maintain all information gathered under this section confidential and shall only
disclose this information as provided under RCW 26.23.120.
(7) The division of child support may impose fines for
noncompliance with this section using the notice of noncompliance under RCW 74.20A.350. [1997 c 58 § 897.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
74.25.040
(5) The division of child support shall maintain all information gathered under this section confidential and shall only
disclose this information as provided under RCW 26.23.120.
[1997 c 58 § 899.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
74.20A.900
74.20A.900 Severability—Alternative when method
of notification held invalid. If any provision of this chapter
or the application thereof to any person or circumstance is
held invalid, such invalidity shall not affect other provisions
or applications of this chapter which can be given effect without the invalid provision or application, and to this end the
provisions of this chapter are severable.
If any method of notification provided for in this chapter
is held invalid, service as provided for by the laws of the state
of Washington for service of process in a civil action shall be
substituted for the method held invalid. [1971 ex.s. c 164 §
27.]
Civil procedure—Commencement of actions: Chapter 4.28 RCW.
74.20A.910
74.20A.910 Savings clause. The repeal of RCW
74.20A.050 and the amendment of RCW 74.20A.030 and
74.20A.250 by this 1979 act is not intended to affect any
existing or accrued right, any action or proceeding already
taken or instituted, any administrative action already taken,
or any rule, regulation, or order already promulgated. The
repeal and amendments are not intended to revive any law
heretofore repealed. [1979 ex.s. c 171 § 27.]
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
Chapter 74.25 RCW
JOB OPPORTUNITIES AND BASIC SKILLS
TRAINING PROGRAM
Chapter 74.25
Sections
74.25.010
74.25.040
State policy—Legislative findings.
Volunteer work—Child care or other work—Training.
74.25.010
74.25.010 State policy—Legislative findings.
74.20A.370
74.20A.370 Financial institution data matches. (1)
Each calendar quarter financial institutions doing business in
the state of Washington shall report to the department the
name, record address, social security number or other taxpayer identification number, and other information determined necessary by the department for each individual who
maintains an account at such institution and is identified by
the department as owing a support debt.
(2) The department and financial institutions shall enter
into agreements to develop and operate a data match system,
using automated data exchanges to the extent feasible, to
minimize the cost of providing information required under
subsection (1) of this section.
(3) The department may pay a reasonable fee to a financial institution for conducting the data match not to exceed
the actual costs incurred.
(4) A financial institution is not liable for any disclosure
of information to the department under this section.
(2004 Ed.)
Reviser's note: RCW 74.25.010 was amended by 1997 c 59 § 29 without reference to its repeal by 1997 c 58 § 322. It has been decodified for publication purposes under RCW 1.12.025.
74.25.040
74.25.040 Volunteer work—Child care or other
work—Training. (1) Recipients of temporary assistance for
needy families who are employed or participating in a work
activity under *section 312 of this act may volunteer or work
in a licensed child care facility. Licensed child care facilities
participating in this effort shall provide care for the recipient's children and provide for the development of positive
child care skills.
(2) The department shall train two hundred fifty recipients of temporary assistance for needy families to become
family child care providers or child care center teachers. The
department shall offer the training in rural and urban communities. The department shall adopt rules to implement the
child care training program in this section.
[Title 74 RCW—page 121]
Chapter 74.25A
Title 74 RCW: Public Assistance
(3) Recipients trained under this section shall provide
child care services to clients of the department for two years
following the completion of their child care training. [1997 c
59 § 30; 1997 c 58 § 405; 1994 c 299 § 8.]
Reviser's note: *(1) Section 312 of this act was vetoed by the governor.
(2) This section was amended by 1997 c 58 § 405 and by 1997 c 59 §
30, each without reference to the other. Both amendments are incorporated
in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—1997 c 58: See note following RCW 74.13.0903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
(1) To reduce inefficiencies in administration and provide model coordination of agencies with responsibilities for
employment and human service delivery to unemployed persons;
(2) To create voluntary financial incentives to simultaneously reduce unemployment and welfare caseloads;
(3) To provide other state and federal support services to
the client population to enable economic independence;
(4) To improve partnerships between the public and private sectors designed to move recipients of public assistance
into productive employment; and
(5) To provide employers with information on federal
targeted jobs tax credit and other state and federal tax incentives for participation in the program. [1994 c 299 § 20; 1986
c 172 § 2. Formerly RCW 50.63.020.]
74.25A.020 Pilot projects—Grants to be used as
wage subsidies—Criteria. The secretary of the department
of social and health services shall establish pilot projects that
enable grants to be used as a wage subsidy. The department
of social and health services shall comply with applicable
federal statutes and regulations, and shall seek any waivers
from the federal government necessary to operate the
employment partnership program. The projects shall be
available on an individual case-by-case basis or subject to the
limitations outlined in RCW 74.25A.040 for the start-up or
reopening of a plant under worker ownership. The projects
shall be subject to the following criteria:
(1) It shall be a voluntary program and no person may
have any sanction applied for failure to participate.
(2) Employment positions established by this chapter
shall not be created as the result of, nor result in, any of the
following:
(a) Displacement of current employees, including overtime currently worked by these employees;
(b) The filling of positions that would otherwise be promotional opportunities for current employees;
(c) The filling of a position, before compliance with
applicable personnel procedures or provisions of collective
bargaining agreements;
(d) The filling of a position created by termination, layoff, or reduction in workforce;
(e) The filling of a work assignment customarily performed by a worker in a job classification within a recognized
collective bargaining unit in that specific work site, or the
filling of a work assignment in any bargaining unit in which
funded positions are vacant or in which regular employees
are on layoff;
(f) A strike, lockout, or other bona fide labor dispute, or
violation of any existing collective bargaining agreement
between employees and employers;
(g) Decertification of any collective bargaining unit.
(3) Wages shall be paid at the usual and customary rate
of comparable jobs and may include a training wage if permitted by applicable federal statutes and regulations;
(4) A recoupment process shall recover state supplemented wages from an employer when a job does not last six
months following the subsidization period for reasons other
than the employee voluntarily quitting or being fired for good
cause as determined by the local employment partnership
council under rules prescribed by the secretary;
74.25A.020
Chapter 74.25A RCW
EMPLOYMENT PARTNERSHIP PROGRAM
Chapter 74.25A
Sections
74.25A.005
74.25A.010
74.25A.020
74.25A.030
74.25A.040
74.25A.045
74.25A.050
74.25A.060
Legislative findings.
Employment partnership program—Created—Goals.
Pilot projects—Grants to be used as wage subsidies—Criteria.
Employer eligibility—Conditions.
Diversion of grants to worker-owned businesses.
Local employment partnership council.
Program participants—Eligibility for assistance programs.
Program participants—Benefits and salary not to be diminished.
74.25A.070 Program participants—Classification under federal job training law.
74.25A.080 Department of social and health services to seek federal funds.
74.25A.900 Intent—Finding—Severability—Conflict with federal
requirements—1994 c 299.
74.25A.005
74.25A.005 Legislative findings. The legislature finds
that the restructuring in the Washington economy has created
rising public assistance caseloads and declining real wages
for Washington workers. There is a profound need to develop
partnership programs between the private and public sectors
to create new jobs with adequate salaries and promotional
opportunities for chronically unemployed and underemployed citizens of the state. Most public assistance recipients
want to become financially independent through paid
employment. A voluntary program which utilizes public
wage subsidies and employer matching salaries has provided
a beneficial financial incentive allowing public assistance
recipients transition to permanent full-time employment.
[1994 c 299 § 19; 1986 c 172 § 1. Formerly RCW 50.63.010.]
Report—1994 c 299: "The department of social and health services
shall report to the appropriate committees of the house of representatives and
senate on the implementation of this employment partnership program for
recipients of aid to families with dependent children by October 1, 1995."
[1994 c 299 § 27.]
74.25A.010
74.25A.010 Employment partnership program—
Created—Goals. The employment partnership program is
created to develop a series of geographically distributed
model projects to provide permanent full-time employment
for low-income and unemployed persons. The program shall
be administered by the department of social and health services. The department shall contract for the program through
local public or private nonprofit organizations. The goals of
the program are as follows:
[Title 74 RCW—page 122]
(2004 Ed.)
Employment Partnership Program
(5) Job placements shall have promotional opportunities
or reasonable opportunities for wage increases;
(6) Other necessary support services such as training,
day care, medical insurance, and transportation shall be provided to the extent possible;
(7) Employers shall provide monetary matching funds of
at least fifty percent of total wages;
(8) Wages paid to participants shall be a minimum of
five dollars an hour; and
(9) The projects shall target the populations in the priority and for the purposes set forth in *RCW 74.25.020, to the
extent that necessary support services are available. [1994 c
299 § 21; 1986 c 172 § 3. Formerly RCW 50.63.030.]
*Reviser's note: The 1994 c 299 amendments to RCW 74.25.020 were
vetoed by the governor. RCW 74.25.020 was subsequently repealed by 1997
c 58 § 322.
74.25A.030
74.25A.030 Employer eligibility—Conditions. An
employer, before becoming eligible to fill a position under
the employment partnership program, shall certify to the
local employment partnership council that the employment,
offer of employment, or work activity complies with the following conditions:
(1) The conditions of work are reasonable and not in violation of applicable federal, state, or local safety and health
standards;
(2) The assignments are not in any way related to political, electoral, or partisan activities;
(3) The employer shall provide industrial insurance coverage as required by Title 51 RCW;
(4) The employer shall provide unemployment compensation coverage as required by Title 50 RCW;
(5) The employment partnership program participants
hired following the completion of the program shall be provided benefits equal to those provided to other employees
including social security coverage, sick leave, the opportunity to join a collective bargaining unit, and medical benefits.
[1994 c 299 § 22; 1986 c 172 § 4. Formerly RCW 50.63.040.]
74.25A.040
74.25A.040 Diversion of grants to worker-owned
businesses. Grants may be diverted for the start-up or retention of worker-owned businesses if:
(1) A feasibility study or business plan is completed on
the proposed business; and
(2) The project is approved by the loan committee of the
*Washington state development loan fund as created by
RCW 43.168.110. [1986 c 172 § 5. Formerly RCW
50.63.050.]
*Reviser's note: The "Washington state development loan fund" was
renamed the "rural Washington loan fund" pursuant to 1999 c 164 § 504.
74.25A.045
74.25A.045 Local employment partnership council.
A local employment partnership council shall be established
in each pilot project area to assist the department of social
and health services in the administration of this chapter and to
allow local flexibility in dealing with the particular needs of
each pilot project area. Each council shall be primarily
responsible for recruiting and encouraging participation of
employment providers in the project site. Each council shall
be composed of nine members who shall be appointed by the
county legislative authority of the county in which the pilot
(2004 Ed.)
74.25A.080
project operates. Councilmembers shall be residents of or
employers in the pilot project area in which they are
appointed and shall serve three-year terms. The council shall
have two members who are current or former recipients of the
aid to families with dependent children or temporary assistance for needy families programs or food stamp or benefits
program, two members who represent labor, and five members who represent the local business community. In addition, one person representing the local community service
office of the department of social and health services, one
person representing a community action agency or other nonprofit service provider, and one person from a local city or
county government shall serve as nonvoting members. [1998
c 79 § 17; 1997 c 59 § 31; 1994 c 299 § 23.]
74.25A.050
74.25A.050 Program participants—Eligibility for
assistance programs. Participants shall be considered recipients of temporary assistance for needy families and remain
eligible for medicaid benefits even if the participant does not
receive a residual grant. Work supplementation participants
shall be eligible for (1) the thirty-dollar plus one-third of
earned income exclusion from income, (2) the work related
expense disregard, and (3) any applicable child care expense
disregard deemed available to recipient of aid in computing
his or her grant under this chapter, unless prohibited by federal law. [1997 c 59 § 32; 1994 c 299 § 24; 1986 c 172 § 6.
Formerly RCW 50.63.060.]
74.25A.060
74.25A.060 Program participants—Benefits and salary not to be diminished. An applicant or recipient of aid
under this chapter who participates in the employment partnership program shall be guaranteed that the value of the benefits available to him or her before entry into the program
shall not be diminished. In addition, a participant employed
under this chapter shall be treated in the same manner as are
regular employees, and the participant's salary shall be the
amount that he or she would have received if employed in
that position and not participating under this chapter. [1986 c
172 § 7. Formerly RCW 50.63.070.]
74.25A.070
74.25A.070 Program participants—Classification
under federal job training law. Applicants for and recipients of aid under this chapter are "individuals in special need"
of training as described in section 2 of the federal job training
partnership act, 29 U.S.C. Sec. 1501 et seq., "individuals who
require special assistance" as provided in section 123 of that
act, and "most in need" of employment and training opportunities as described in section 141 of that act. [1986 c 172 § 8.
Formerly RCW 50.63.080.]
74.25A.080
74.25A.080 Department of social and health services
to seek federal funds. The department of social and health
services shall seek any federal funds available for implementation of this chapter, including, but not limited to, funds
available under Title IV of the federal social security act (42
U.S.C. Sec. 601 et seq.) for the job opportunities and basic
skills program. [1994 c 299 § 25; 1986 c 172 § 9. Formerly
RCW 50.63.090.]
[Title 74 RCW—page 123]
74.25A.900
Title 74 RCW: Public Assistance
74.25A.900 Intent—Finding—Severability—Conflict with federal requirements—1994 c 299. See notes
following RCW 74.12.400.
74.25A.900
Chapter 74.26
Chapter 74.26 RCW
SERVICES FOR CHILDREN WITH
MULTIPLE HANDICAPS
Sections
74.26.010
74.26.020
74.26.030
74.26.040
74.26.050
74.26.060
Legislative intent.
Eligibility criteria.
Program plan for services—Local agency support.
Administrative responsibility—Regulations.
Contracts for services—Supervision.
Program costs—Liability of insurers.
74.26.010
74.26.010 Legislative intent. In recognition of the fact
that there is a small population of children with multiple disabilities and specific and continuing medical needs now
being served in high-daily-cost hospitals that could be more
appropriately and cost-efficiently served in alternative residential alternatives, it is the intent of the legislature to establish a controlled program to develop and review an alternative service delivery system for certain multiply handicapped
children who have continuing intensive medical needs but
who are not required to continue in residence in a hospital
setting. [1980 c 106 § 1.]
74.26.020
74.26.020 Eligibility criteria. (1) To be eligible for services under this alternative program, a person must meet all
the following criteria:
(a) The individual must be under twenty-two years of
age;
(b) The individual must be under the care of a physician
and such physician must diagnose the child's condition as
sufficiently serious to warrant eligibility;
(c) The individual must be presently residing in, or in
immediate jeopardy of residing in, a hospital or other residential medical facility for the purpose of receiving intensive
support medical services; and
(d) The individual must fall within one of the four functional/medical definitional categories listed in subsection (2)
of this section.
(2) Functional/medical definitional categories:
(a) Respiratory impaired; with an acquired or congenital
defect of the oropharynx, trachea, bronchial tree, or lung
requiring continuing dependency on a respiratory assistive
device in order to allow the disease process to heal or the
individual to grow to a sufficient size to live as a normal person;
(b) Respiratory with multiple physical impairments; with
acquired or congenital defects of the central nervous system
or multiple organ systems requiring continued dependency
on a respiratory assistive device and/or other medical, surgical, and physical therapy treatments in order to allow the disease process to heal or the individual to gain sufficient size to
permit surgical correction of the defect or the individual to
grow large and strong enough and acquire sufficient skills in
self-care to allow survival in a nonmedical/therapy intensive
environment;
(c) Multiply physically impaired; with congenital or
acquired defects of multiple systems and at least some central
[Title 74 RCW—page 124]
nervous system impairment that causes loss of urine and stool
sphincter control as well as paralysis or loss or reduction of
two or more extremities, forcing the individual to be dependent on a wheelchair or other total body mobility device, also
requiring medical, surgical, and physical therapy intervention
in order to allow the individual to grow to a size that permits
surgical correction of the defects or allows the individual to
grow large and strong enough and acquire sufficient skills in
self-care to allow survival in a nonmedical/therapy intensive
environment;
(d) Static encephalopathies; with severe brain insults of
acquired or congenital origin causing the individual to be
medically diagnosed as totally dependent for all bodily and
social functions except cardiorespiratory so that the individual requires continuous long-term daily medical/nursing care.
[1980 c 106 § 2.]
74.26.030
74.26.030 Program plan for services—Local agency
support. (1) A written individual program plan shall be
developed for each child served under this controlled program by the division of developmental disabilities in cooperation with the child's parents or if available, legal guardians,
and under the supervision of the child's primary health care
provider.
(2) The plan shall provide for the systematic provision of
all required services. The services to be available as required
by the child's individual needs shall include: (a) Nursing
care, including registered and licensed practical nurses, and
properly trained nurse's aides; (b) physicians, including surgeons, general and family practitioners, and specialists in the
child's particular diagnosis on either a referral, consultive, or
on-going treatment basis; (c) respiratory therapists and
devices; (d) dental care of both routine and emergent nature;
(e) on-going nutritional consultation from a trained professional; (f) communication disorder therapy; (g) physical and
occupational habilitation and rehabilitation therapy and
devices; (h) special and regular education; (i) recreation therapy; (j) psychological counseling; and (k) transportation.
(3) A portion of these required services can be provided
from state and local agencies having primary responsibility
for such services, but the ultimate responsibility for ensuring
and coordinating the delivery of all necessary services shall
rest with the division of developmental disabilities. [1980 c
106 § 3.]
74.26.040
74.26.040 Administrative responsibility—Regulations. The department of social and health services, division
of developmental disabilities, shall bear all administrative
responsibility for the effective and rapid implementation of
this controlled program. The division shall promulgate regulations within sixty days after June 12, 1980, to provide minimum standards and qualifications for the following program
elements:
(1) Residential services;
(2) Medical services;
(3) Day program;
(4) Facility requirements and accessibility for all buildings in which the program is to be conducted;
(5) Staff qualifications;
(6) Staff training;
(2004 Ed.)
Rehabilitation Services for Individuals With Disabilities
(7) Program evaluation; and
(8) Protection of client's rights, confidentiality, and
informed consent. [1980 c 106 § 4.]
74.26.050
74.26.050 Contracts for services—Supervision. The
division of developmental disabilities shall implement this
controlled program through a "request-for-proposal" method
and subsequent contracts for services with any local, county,
or state agency demonstrating a probable ability to meet the
program's goals. The proposals must demonstrate an ability
to provide or insure the provision of all services set forth in
RCW 74.26.030 if necessary for the children covered by the
proposals.
The division of developmental disabilities shall thoroughly supervise, review, and audit fiscal and program performance for the individuals served under this control program. A comparison of all costs incurred by all public agencies for each individual prior to the implementation of this
program and all costs incurred after one year under this program shall be made and reported back to the legislature in the
1982 session. [1980 c 106 § 5.]
74.26.060
74.26.060 Program costs—Liability of insurers. This
program or any components necessary to the child shall be
available to eligible children at no cost to their parents provided that any medical insurance benefits available to the
child for his/her medical condition shall remain liable for
payment for his/her cost of care. [1980 c 106 § 6.]
Chapter 74.29 RCW
REHABILITATION SERVICES FOR INDIVIDUALS
WITH DISABILITIES
Chapter 74.29
(Formerly: Vocational rehabilitation and services for handicapped persons)
Sections
74.29.005
74.29.010
74.29.020
74.29.037
74.29.050
74.29.055
74.29.080
Purpose.
Definitions.
Powers and duties of state agency.
Cooperative agreements with state and local agencies.
Acceptance of federal aid—Generally.
Acceptance of federal aid—Construction of chapter when part
thereof in conflict with federal requirements which are condition precedent to allocation of federal funds.
Rehabilitation and job support services—Procedure—Register
of eligible individuals and organizations.
Department of social and health services (including division of vocational
rehabilitation): Chapter 43.20A RCW.
Investment of industrial insurance funds in student loans for vocational
training and education: RCW 51.44.100.
74.29.005
74.29.005 Purpose. The purposes of this chapter are (1)
to rehabilitate individuals with disabilities who have a barrier
to employment so that they may prepare for and engage in a
gainful occupation; (2) to provide persons with physical,
mental, or sensory disabilities with a program of services
which will result in greater opportunities for them to enter
more fully into life in the community; (3) to promote activities which will assist individuals with disabilities to become
self-sufficient and self-supporting; and (4) to encourage and
develop community rehabilitation programs, job support services, and other resources needed by individuals with disabilities. [1993 c 213 § 1; 1969 ex.s. c 223 § 28A.10.005. Prior:
1967 c 118 § 1. Formerly RCW 28A.10.005, 28.10.005.]
(2004 Ed.)
74.29.010
74.29.010
74.29.010 Definitions. (1) "Individual with disabilities"
means an individual:
(a) Who has a physical, mental, or sensory disability,
which requires vocational rehabilitation services to prepare
for, enter into, engage in, retain, or engage in and retain gainful employment consistent with his or her capacities and abilities; or
(b) Who has a physical, mental, or sensory impairment
whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in
employment is substantially limited and for whom the delivery of vocational rehabilitation or independent living services
will improve the ability to function, continue functioning, or
move towards functioning independently in the family or
community or to continue in employment.
(2) "Individual with severe disabilities" means an individual with disabilities:
(a) Who has a physical, mental, or sensory impairment
that seriously limits one or more functional capacities, such
as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills, in terms of
employment outcome, and/or independence and participation
in family or community life;
(b) Whose rehabilitation can be expected to require multiple rehabilitation services over an extended period of time;
and
(c) Who has one or more physical, mental, or sensory
disabilities resulting from amputation, arthritis, autism,
blindness, burn injury, cancer, cerebral palsy, cystic fibrosis,
deafness, head injury, heart disease, hemiplegia, hemophilia,
respiratory or pulmonary dysfunction, mental retardation,
mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders (including
stroke and epilepsy), paraplegia, quadriplegia, other spinal
cord conditions, sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment
for determining eligibility and rehabilitation needs to cause
comparable substantial functional limitation.
(3) "Physical, mental, or sensory disability" means a
physical, mental, or sensory condition which materially limits, contributes to limiting or, if not corrected or accommodated, will probably result in limiting an individual's activities or functioning.
(4) "Rehabilitation services" means goods or services
provided to: (a) Determine eligibility and rehabilitation
needs of individuals with disabilities, and/or (b) enable individuals with disabilities to attain or retain employment and/or
independence, and/or (c) contribute substantially to the rehabilitation of a group of individuals with disabilities. To the
extent federal funds are available, goods and services may
include, but are not limited to, the establishment, construction, development, operation and maintenance of community
rehabilitation programs and independent living centers, as
well as special demonstration projects.
(5) "Independence" means a reasonable degree of restoration from dependency upon others to self-direction and
greater control over circumstances of one's life for personal
needs and care and includes but is not limited to the ability to
live in one's home.
[Title 74 RCW—page 125]
74.29.020
Title 74 RCW: Public Assistance
(6) "Job support services" means ongoing goods and services provided after vocational rehabilitation, subject to
available funds, that support an individual with severe disabilities in employment. Such services include, but are not
limited to, extraordinary supervision or job coaching.
(7) "State agency" means the department of social and
health services. [1993 c 213 § 2; 1970 ex.s. c 18 § 52; 1969
ex.s. c 223 § 28A.10.010. Prior: 1967 ex.s. c 8 § 41; 1967 c
118 § 2; 1957 c 223 § 1; 1933 c 176 § 2; RRS § 4925-2. Formerly RCW 28A.10.010, 28.10.010.]
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
74.29.020
74.29.020 Powers and duties of state agency. Subject
to available funds, and consistent with federal law and regulations the state agency shall:
(1) Develop statewide rehabilitation programs;
(2) Provide vocational rehabilitation services, independent living services, and/or job support services to individuals with disabilities or severe disabilities;
(3) Disburse all funds provided by law and may receive,
accept and disburse such gifts, grants, conveyances, devises
and bequests of real and personal property from public or private sources, as may be made from time to time, in trust or
otherwise, whenever the terms and conditions thereof will aid
in carrying out rehabilitation services as specified by law and
the regulations of the state agency; and may sell, lease or
exchange real or personal property according to the terms and
conditions thereof. Any money so received shall be deposited
in the state treasury for investment, reinvestment or expenditure in accordance with the conditions of its receipt and RCW
43.88.180;
(4) Appoint and fix the compensation and prescribe the
duties, of the personnel necessary for the administration of
this chapter, unless otherwise provided by law;
(5) Make exploratory studies, do reviews, and research
relative to rehabilitation;
(6) Coordinate with the state rehabilitation advisory
council and the state independent living advisory council on
the administration of the programs;
(7) Report to the governor and to the legislature on the
administration of this chapter, as requested; and
(8) Adopt rules, in accord with chapter 34.05 RCW, necessary to carry out the purposes of this chapter. [1993 c 213
§ 3; 1969 ex.s. c 223 § 28A.10.020. Prior: 1967 ex.s. c 8 §
42; 1967 c 118 § 6; 1963 c 135 § 1; 1957 c 223 § 3; 1933 c
176 § 3; RRS § 4925-3. Formerly RCW 28A.10.020,
28.10.030.]
74.29.037
74.29.037 Cooperative agreements with state and
local agencies. The state agency may establish cooperative
agreements with other state and local agencies. [1993 c 213
§ 6; 1969 ex.s. c 223 § 28A.10.037. Prior: 1967 ex.s. c 8 §
45; 1967 c 118 § 7. Formerly RCW 28A.10.037, 28.10.037.]
(2) Designate the state treasurer as custodian of all moneys received by the state from appropriations made by the
congress of the United States for purposes of this chapter, and
authorize the state treasurer to make disbursements therefrom
upon the order of the state agency; and
(3) Empower and direct the state agency to cooperate
with the federal government in carrying out the provisions of
this chapter or of any federal law or regulation pertaining to
vocational rehabilitation, and to comply with such conditions
as may be necessary to assure the maximum possible benefits
resulting from any such federal law or regulation. [1969 ex.s.
c 223 § 28A.10.050. Prior: 1967 ex.s. c 8 § 43; 1967 c 118 §
9; 1957 c 223 § 5; 1955 c 371 § 1; 1933 c 176 § 5; RRS §
4925-5. Formerly RCW 28A.10.050, 28.10.050.]
74.29.055 Acceptance of federal aid—Construction
of chapter when part thereof in conflict with federal
requirements which are condition precedent to allocation
of federal funds. If any part of this chapter shall be found to
be in conflict with federal requirements which are a condition
precedent to the allocation of federal funds to the state, such
conflicting part of this chapter is hereby declared to be inoperative solely to the extent of such conflict, and such findings
or determination shall not affect the operation of the remainder of this chapter. [1969 ex.s. c 223 § 28A.10.055. Prior:
1967 c 118 § 10. Formerly RCW 28A.10.055, 28.10.055.]
74.29.055
74.29.080 Rehabilitation and job support services—
Procedure—Register of eligible individuals and organizations. (1) Determination of eligibility and need for rehabilitation services and determination of eligibility for job support
services shall be made by the state agency for each individual
according to its established rules, policies, procedures, and
standards.
(2) The state agency may purchase, from any source,
rehabilitation services and job support services for individuals with disabilities, subject to the individual's income or
other resources that are available to contribute to the cost of
such services.
(3) The state agency shall maintain registers of individuals and organizations which meet required standards and
qualify to provide rehabilitation services and job support services to individuals with disabilities. Eligibility of such individuals and organizations shall be based upon standards and
criteria promulgated by the state agency. [1993 c 213 § 4;
1983 1st ex.s. c 41 § 16; 1979 c 151 § 11; 1972 ex.s. c 15 § 1;
1970 ex.s. c 18 § 53; 1970 ex.s. c 15 § 23; 1969 ex.s. c 223 §
28A.10.080. Prior: 1969 c 105 § 2; 1967 ex.s. c 8 § 46; 1967
c 118 § 8. Formerly RCW 28A.10.080, 28.10.080.]
74.29.080
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
Severability—1970 ex.s. c 15: See note following RCW 28A.230.160.
Chapter 74.32 RCW
ADVISORY COMMITTEES ON VENDOR RATES
Chapter 74.32
74.29.050
74.29.050 Acceptance of federal aid—Generally. The
state of Washington does hereby:
(1) Accept the provisions and maximum possible benefits resulting from any acts of congress which provide benefits for the purposes of this chapter;
[Title 74 RCW—page 126]
Sections
74.32.100
74.32.110
Advisory committee on vendor rates—Created—Members—
Chairman.
Advisory committee on vendor rates—"Vendor rates" defined.
(2004 Ed.)
Advisory Committees on Vendor Rates
74.32.120
74.32.130
74.32.140
74.32.150
74.32.160
74.32.170
74.32.180
Advisory committee on vendor rates—Meetings—Travel
expenses.
Advisory committee on vendor rates—Powers and duties.
Investigation to determine if additional requirements or standards affecting vendor group.
Investigation to determine if additional requirements or standards affecting vendor group—Scope of investigation.
Investigation to determine if additional requirements or standards affecting vendor group—Changes investigated regardless of source.
Investigation to determine if additional requirements or standards affecting vendor group—Prevailing wage scales and
fringe benefit programs to be considered.
Investigation to determine if additional requirements or standards affecting vendor group—Additional factors to be
accounted for.
74.32.100
74.32.100 Advisory committee on vendor rates—
Created—Members—Chairman. There is hereby created
a governor's advisory committee on vendor rates. The committee shall be composed of nine members appointed by the
governor. In addition, the secretary of the department of
social and health services or his designee shall be an ex officio member of the committee. Members shall be selected on
the basis of their interest in problems related to the department of social and health services, and no less than two members shall be licensed certified public accountants. The members shall serve at the pleasure of the governor. The governor
shall select one member to serve as chairman of the committee and he shall serve as such at the pleasure of the governor.
[1971 ex.s. c 87 § 1; 1969 ex.s. c 203 § 1.]
74.32.110
74.32.110 Advisory committee on vendor rates—
"Vendor rates" defined. The term "vendor rates" as used
throughout RCW 74.32.100 through 74.32.130 shall include,
but not be limited to, the cost reimbursement basis upon
which all participating hospital organizations receive compensation. [1969 ex.s. c 203 § 2.]
74.32.120
74.32.120 Advisory committee on vendor rates—
Meetings—Travel expenses. The committee shall meet at
least a total of three and no more than twelve times per year
at such specific times and places as may be determined by the
chairman. Members shall be entitled to reimbursement for
travel expenses as provided for in RCW 43.03.050 and
43.03.060, as now existing or hereafter amended. [1975-'76
2nd ex.s. c 34 § 170; 1969 ex.s. c 203 § 3.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
74.32.130
74.32.130 Advisory committee on vendor rates—
Powers and duties. The committee shall have the following
powers and duties:
(1) Study and review the methods and procedures for
establishing the rates and/or fees of all vendors of goods, services and care purchased by the department of social and
health services including all medical and welfare care and
services.
(2) Provide each professional and trade association or
other representative groups of each of the service areas, the
opportunity to present to the committee their evidence for
justifying the methods of computing and the justification for
the rates and/or fees they propose.
(3) The committee shall have the authority to request
vendors to appoint a fiscal intermediary to provide the com(2004 Ed.)
74.32.170
mittee with an evaluation and justification of the method of
establishing rates and/or fees.
(4) Prepare and submit a written report to the governor,
at least sixty days prior to each session of the legislature,
which contains its findings and recommendations concerning
the methods and procedures for establishing rates and/or fees
and the specific rates and/or fees that should be paid by the
department of social and health services to the various designated vendors. This report shall include the suggested effective dates of the recommended rates and/or fees when appropriate.
The vendors shall furnish adequate documented evidence related to the cost of providing their particular services,
care or supplies, in the form, to the extent and at such times
as the committee may determine.
The chairman of this committee, shall have the same
authority as provided in RCW 74.04.290 as it is now or hereafter amended. [1971 ex.s. c 87 § 2; 1969 ex.s. c 203 § 4.]
74.32.140
74.32.140 Investigation to determine if additional
requirements or standards affecting vendor group.
Before completing its recommendations regarding rates, the
governor's committee on vendor rates shall conduct an extensive investigation to determine the nature and extent of any
additional requirements or standards established which affect
any vendor group if the same have not been fully considered
and provided for in the committee's last recommendations,
and shall similarly determine the nature and effect of any
additional requirements or standards which are expected to
be imposed during the period covered by the committee's recommendations. [1971 ex.s. c 298 § 1.]
74.32.150
74.32.150 Investigation to determine if additional
requirements or standards affecting vendor group—
Scope of investigation. The additional requirements and
standards referred to in RCW 74.32.140 shall include but
shall not be limited to changes in minimum wage or overtime
provisions, changes in building code or facility requirements
for occupancy or licensing, and changes in requirements for
staffing, available equipment, or methods and procedures.
[1971 ex.s. c 298 § 2.]
74.32.160
74.32.160 Investigation to determine if additional
requirements or standards affecting vendor group—
Changes investigated regardless of source. The committee
shall investigate such changes whether their source is or may
be federal, state, or local governmental agencies, departments
and officers, and shall give full consideration to the cost of
such changes and expected changes in the vendor rates recommended. [1971 ex.s. c 298 § 3.]
74.32.170
74.32.170 Investigation to determine if additional
requirements or standards affecting vendor group—Prevailing wage scales and fringe benefit programs to be considered. The committee shall also consider prevailing wage
scales and fringe benefit programs affecting the vendor's
industry or affecting related or associated industries or vendor classes, and shall consider in its rate recommendations a
scale of competitive wages, to assure the availability of nec[Title 74 RCW—page 127]
74.32.180
Title 74 RCW: Public Assistance
essary personnel in each vendor program. [1971 ex.s. c 298
§ 4.]
74.32.180
74.32.180 Investigation to determine if additional
requirements or standards affecting vendor group—
Additional factors to be accounted for. The committee
shall further fully account in its recommended rate structure
for the effect of changes in payroll and property taxes[,] accurate costs of insurance, and increased or lowered costs of borrowing money. [1971 ex.s. c 298 § 5.]
Chapter 74.34
Chapter 74.34 RCW
ABUSE OF VULNERABLE ADULTS
Sections
74.34.005
74.34.020
74.34.021
74.34.025
74.34.035
74.34.040
74.34.050
74.34.053
74.34.063
74.34.067
74.34.068
74.34.070
74.34.080
74.34.090
74.34.095
74.34.110
74.34.120
74.34.130
74.34.140
74.34.145
74.34.150
74.34.160
74.34.165
74.34.170
74.34.180
74.34.200
74.34.205
74.34.210
74.34.900
74.34.901
Findings.
Definitions.
Vulnerable adult—Definition.
Limitation on recovery for protective services and benefits.
Reports—Mandated and permissive—Contents—Confidentiality.
Reports—Contents—Identity confidential.
Immunity from liability.
Failure to report—False reports—Penalties.
Response to reports—Timing—Reports to law enforcement
agencies—Notification to licensing authority.
Investigations—Interviews—Ongoing case planning—Conclusion of investigation.
Investigation results—Report—Rules.
Cooperative agreements for services.
Injunctions.
Data collection system—Confidentiality.
Confidential information—Disclosure.
Protection of vulnerable adults—Petition for protective order.
Protection of vulnerable adults—Hearing.
Protection of vulnerable adults—Judicial relief.
Protection of vulnerable adults—Execution of protective
order.
Protection of vulnerable adults—Notice of criminal penalties
for violation—Enforcement under RCW 26.50.110.
Protection of vulnerable adults—Department may seek relief.
Protection of vulnerable adults—Proceedings are supplemental.
Rules.
Services of department discretionary—Funding.
Retaliation against whistleblowers and residents—Remedies—Rules.
Abandonment, abuse, financial exploitation, or neglect of a
vulnerable adult—Cause of action for damages—Legislative
intent.
Abandonment, abuse, or neglect—Exceptions.
Order for protection or action for damages—Standing—Jurisdiction.
Severability—1984 c 97.
Severability—1986 c 187.
Domestic violence prevention, authority of department of social and health
services to seek relief on behalf of vulnerable adults: RCW 26.50.021.
Patients in nursing homes and hospitals, abuse: Chapter 70.124 RCW.
74.34.005
74.34.005 Findings. The legislature finds and declares
that:
(1) Some adults are vulnerable and may be subjected to
abuse, neglect, financial exploitation, or abandonment by a
family member, care provider, or other person who has a relationship with the vulnerable adult;
(2) A vulnerable adult may be home bound or otherwise
unable to represent himself or herself in court or to retain
legal counsel in order to obtain the relief available under this
chapter or other protections offered through the courts;
[Title 74 RCW—page 128]
(3) A vulnerable adult may lack the ability to perform or
obtain those services necessary to maintain his or her wellbeing because he or she lacks the capacity for consent;
(4) A vulnerable adult may have health problems that
place him or her in a dependent position;
(5) The department and appropriate agencies must be
prepared to receive reports of abandonment, abuse, financial
exploitation, or neglect of vulnerable adults;
(6) The department must provide protective services in
the least restrictive environment appropriate and available to
the vulnerable adult. [1999 c 176 § 2.]
Findings—Purpose—1999 c 176: "The legislature finds that the provisions for the protection of vulnerable adults found in chapters 26.44,
70.124, and 74.34 RCW contain different definitions for abandonment,
abuse, exploitation, and neglect. The legislature finds that combining the
sections of these chapters that pertain to the protection of vulnerable adults
would better serve this state's population of vulnerable adults. The purpose
of chapter 74.34 RCW is to provide the department and law enforcement
agencies with the authority to investigate complaints of abandonment, abuse,
financial exploitation, or neglect of vulnerable adults and to provide protective services and legal remedies to protect these vulnerable adults." [1999 c
176 § 1.]
Severability—1999 c 176: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1999 c 176 § 36.]
Conflict with federal requirements—1999 c 176: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned. Rules
adopted under this act must meet federal requirements that are a necessary
condition to the receipt of federal funds by the state." [1999 c 176 § 37.]
74.34.020
74.34.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Abandonment" means action or inaction by a person
or entity with a duty of care for a vulnerable adult that leaves
the vulnerable person without the means or ability to obtain
necessary food, clothing, shelter, or health care.
(2) "Abuse" means the willful action or inaction that
inflicts injury, unreasonable confinement, intimidation, or
punishment on a vulnerable adult. In instances of abuse of a
vulnerable adult who is unable to express or demonstrate
physical harm, pain, or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish.
Abuse includes sexual abuse, mental abuse, physical abuse,
and exploitation of a vulnerable adult, which have the following meanings:
(a) "Sexual abuse" means any form of nonconsensual
sexual contact, including but not limited to unwanted or inappropriate touching, rape, sodomy, sexual coercion, sexually
explicit photographing, and sexual harassment. Sexual abuse
includes any sexual contact between a staff person, who is
not also a resident or client, of a facility or a staff person of a
program authorized under chapter 71A.12 RCW, and a vulnerable adult living in that facility or receiving service from a
program authorized under chapter 71A.12 RCW, whether or
not it is consensual.
(b) "Physical abuse" means the willful action of inflicting bodily injury or physical mistreatment. Physical abuse
includes, but is not limited to, striking with or without an
(2004 Ed.)
Abuse of Vulnerable Adults
object, slapping, pinching, choking, kicking, shoving, prodding, or the use of chemical restraints or physical restraints
unless the restraints are consistent with licensing requirements, and includes restraints that are otherwise being used
inappropriately.
(c) "Mental abuse" means any willful action or inaction
of mental or verbal abuse. Mental abuse includes, but is not
limited to, coercion, harassment, inappropriately isolating a
vulnerable adult from family, friends, or regular activity, and
verbal assault that includes ridiculing, intimidating, yelling,
or swearing.
(d) "Exploitation" means an act of forcing, compelling,
or exerting undue influence over a vulnerable adult causing
the vulnerable adult to act in a way that is inconsistent with
relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another.
(3) "Consent" means express written consent granted
after the vulnerable adult or his or her legal representative has
been fully informed of the nature of the services to be offered
and that the receipt of services is voluntary.
(4) "Department" means the department of social and
health services.
(5) "Facility" means a residence licensed or required to
be licensed under chapter 18.20 RCW, boarding homes;
chapter 18.51 RCW, nursing homes; chapter 70.128 RCW,
adult family homes; chapter 72.36 RCW, soldiers' homes; or
chapter 71A.20 RCW, residential habilitation centers; or any
other facility licensed by the department.
(6) "Financial exploitation" means the illegal or
improper use of the property, income, resources, or trust
funds of the vulnerable adult by any person for any person's
profit or advantage.
(7) "Individual provider" means a person under contract
with the department to provide services in the home under
chapter 74.09 or 74.39A RCW.
(8) "Mandated reporter" is an employee of the department; law enforcement officer; social worker; professional
school personnel; individual provider; an employee of a facility; an operator of a facility; an employee of a social service,
welfare, mental health, adult day health, adult day care, home
health, home care, or hospice agency; county coroner or medical examiner; Christian Science practitioner; or health care
provider subject to chapter 18.130 RCW.
(9) "Neglect" means (a) a pattern of conduct or inaction
by a person or entity with a duty of care that fails to provide
the goods and services that maintain physical or mental
health of a vulnerable adult, or that fails to avoid or prevent
physical or mental harm or pain to a vulnerable adult; or (b)
an act or omission that demonstrates a serious disregard of
consequences of such a magnitude as to constitute a clear and
present danger to the vulnerable adult's health, welfare, or
safety.
(10) "Permissive reporter" means any person, employee
of a financial institution, attorney, or volunteer in a facility or
program providing services for vulnerable adults.
(11) "Protective services" means any services provided
by the department to a vulnerable adult with the consent of
the vulnerable adult, or the legal representative of the vulnerable adult, who has been abandoned, abused, financially
exploited, neglected, or in a state of self-neglect. These services may include, but are not limited to case management,
(2004 Ed.)
74.34.035
social casework, home care, placement, arranging for medical evaluations, psychological evaluations, day care, or referral for legal assistance.
(12) "Self-neglect" means the failure of a vulnerable
adult, not living in a facility, to provide for himself or herself
the goods and services necessary for the vulnerable adult's
physical or mental health, and the absence of which impairs
or threatens the vulnerable adult's well-being. This definition
may include a vulnerable adult who is receiving services
through home health, hospice, or a home care agency, or an
individual provider when the neglect is not a result of inaction by that agency or individual provider.
(13) "Vulnerable adult" includes a person:
(a) Sixty years of age or older who has the functional,
mental, or physical inability to care for himself or herself; or
(b) Found incapacitated under chapter 11.88 RCW; or
(c) Who has a developmental disability as defined under
RCW 71A.10.020; or
(d) Admitted to any facility; or
(e) Receiving services from home health, hospice, or
home care agencies licensed or required to be licensed under
chapter 70.127 RCW; or
(f) Receiving services from an individual provider.
[2003 c 230 § 1; 1999 c 176 § 3; 1997 c 392 § 523; 1995 1st
sp.s. c 18 § 84; 1984 c 97 § 8.]
Effective date—2003 c 230: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 12, 2003]." [2003 c 230 § 3.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.34.021
74.34.021 Vulnerable adult—Definition. For the purposes of this chapter, the term "vulnerable adult" includes
persons receiving services from any individual who for compensation serves as a personal aide to a person who selfdirects his or her own care in his or her home under chapter
336, Laws of 1999. [1999 c 336 § 6.]
Finding—Intent—1999 c 336: See note following RCW 74.39.007.
74.34.025
74.34.025 Limitation on recovery for protective services and benefits. The cost of benefits and services provided to a vulnerable adult under this chapter with state funds
only does not constitute an obligation or lien and is not recoverable from the recipient of the services or from the recipient's estate, whether by lien, adjustment, or any other means
of recovery. [1999 c 176 § 4; 1997 c 392 § 304.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
74.34.035
74.34.035 Reports—Mandated and permissive—
Contents—Confidentiality. (1) When there is reasonable
cause to believe that abandonment, abuse, financial exploita[Title 74 RCW—page 129]
74.34.040
Title 74 RCW: Public Assistance
tion, or neglect of a vulnerable adult has occurred, mandated
reporters shall immediately report to the department.
(2) When there is reason to suspect that sexual assault
has occurred, mandated reporters shall immediately report to
the appropriate law enforcement agency and to the department.
(3) When there is reason to suspect that physical assault
has occurred or there is reasonable cause to believe that an act
has caused fear of imminent harm:
(a) Mandated reporters shall immediately report to the
department; and
(b) Mandated reporters shall immediately report to the
appropriate law enforcement agency, except as provided in
subsection (4) of this section.
(4) A mandated reporter is not required to report to a law
enforcement agency, unless requested by the injured vulnerable adult or his or her legal representative or family member,
an incident of physical assault between vulnerable adults that
causes minor bodily injury and does not require more than
basic first aid, unless:
(a) The injury appears on the back, face, head, neck,
chest, breasts, groin, inner thigh, buttock, genital, or anal
area;
(b) There is a fracture;
(c) There is a pattern of physical assault between the
same vulnerable adults or involving the same vulnerable
adults; or
(d) There is an attempt to choke a vulnerable adult.
(5) Permissive reporters may report to the department or
a law enforcement agency when there is reasonable cause to
believe that a vulnerable adult is being or has been abandoned, abused, financially exploited, or neglected.
(6) No facility, as defined by this chapter, agency
licensed or required to be licensed under chapter 70.127
RCW, or facility or agency under contract with the department to provide care for vulnerable adults may develop policies or procedures that interfere with the reporting requirements of this chapter.
(7) Each report, oral or written, must contain as much as
possible of the following information:
(a) The name and address of the person making the
report;
(b) The name and address of the vulnerable adult and the
name of the facility or agency providing care for the vulnerable adult;
(c) The name and address of the legal guardian or alternate decision maker;
(d) The nature and extent of the abandonment, abuse,
financial exploitation, neglect, or self-neglect;
(e) Any history of previous abandonment, abuse, financial exploitation, neglect, or self-neglect;
(f) The identity of the alleged perpetrator, if known; and
(g) Other information that may be helpful in establishing
the extent of abandonment, abuse, financial exploitation,
neglect, or the cause of death of the deceased vulnerable
adult.
(8) Unless there is a judicial proceeding or the person
consents, the identity of the person making the report under
this section is confidential. [2003 c 230 § 2; 1999 c 176 § 5.]
Effective date—2003 c 230: See note following RCW 74.34.020.
[Title 74 RCW—page 130]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
74.34.040
74.34.040 Reports—Contents—Identity confidential.
The reports made under *RCW 74.34.030 shall contain the
following information if known:
(1) Identification of the vulnerable adult;
(2) The nature and extent of the suspected abuse, neglect,
exploitation, or abandonment;
(3) Evidence of previous abuse, neglect, exploitation, or
abandonment;
(4) The name and address of the person making the
report; and
(5) Any other helpful information.
Unless there is a judicial proceeding or the person consents, the identity of the person making the report is confidential. [1986 c 187 § 2; 1984 c 97 § 10.]
*Reviser's note: RCW 74.34.030 was repealed by 1999 c 176 § 35.
74.34.050
74.34.050 Immunity from liability. (1) A person participating in good faith in making a report under this chapter
or testifying about alleged abuse, neglect, abandonment,
financial exploitation, or self-neglect of a vulnerable adult in
a judicial or administrative proceeding under this chapter is
immune from liability resulting from the report or testimony.
The making of permissive reports as allowed in this chapter
does not create any duty to report and no civil liability shall
attach for any failure to make a permissive report as allowed
under this chapter.
(2) Conduct conforming with the reporting and testifying
provisions of this chapter shall not be deemed a violation of
any confidential communication privilege. Nothing in this
chapter shall be construed as superseding or abridging remedies provided in chapter 4.92 RCW. [1999 c 176 § 6; 1997 c
386 § 34; 1986 c 187 § 3; 1984 c 97 § 11.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
74.34.053
74.34.053 Failure to report—False reports—Penalties. (1) A person who is required to make a report under this
chapter and who knowingly fails to make the report is guilty
of a gross misdemeanor.
(2) A person who intentionally, maliciously, or in bad
faith makes a false report of alleged abandonment, abuse,
financial exploitation, or neglect of a vulnerable adult is
guilty of a misdemeanor. [1999 c 176 § 7.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
74.34.063
74.34.063 Response to reports—Timing—Reports to
law enforcement agencies—Notification to licensing
authority. (1) The department shall initiate a response to a
report, no later than twenty-four hours after knowledge of the
report, of suspected abandonment, abuse, financial exploitation, neglect, or self-neglect of a vulnerable adult.
(2) When the initial report or investigation by the department indicates that the alleged abandonment, abuse, financial
exploitation, or neglect may be criminal, the department shall
make an immediate report to the appropriate law enforcement
(2004 Ed.)
Abuse of Vulnerable Adults
agency. The department and law enforcement will coordinate
in investigating reports made under this chapter. The department may provide protective services and other remedies as
specified in this chapter.
(3) The law enforcement agency or the department shall
report the incident in writing to the proper county prosecutor
or city attorney for appropriate action whenever the investigation reveals that a crime may have been committed.
(4) The department and law enforcement may share
information contained in reports and findings of abandonment, abuse, financial exploitation, and neglect of vulnerable
adults, consistent with RCW 74.04.060, 42.17.310, and other
applicable confidentiality laws.
(5) The department shall notify the proper licensing
authority concerning any report received under this chapter
that alleges that a person who is professionally licensed, certified, or registered under Title 18 RCW has abandoned,
abused, financially exploited, or neglected a vulnerable adult.
[1999 c 176 § 8.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
74.34.068
adult, with the consent of the vulnerable adult. The vulnerable adult has the right to withdraw or refuse protective services.
(7) The department may photograph a vulnerable adult
or their environment for the purpose of providing documentary evidence of the physical condition of the vulnerable
adult or his or her environment. When photographing the vulnerable adult, the department shall obtain permission from
the vulnerable adult or his or her legal representative unless
immediate photographing is necessary to preserve evidence.
However, if the legal representative is alleged to have abused,
neglected, abandoned, or exploited the vulnerable adult, consent from the legal representative is not necessary. No such
consent is necessary when photographing the physical environment.
(8) When the investigation is complete and the department determines that the incident of abandonment, abuse,
financial exploitation, or neglect has occurred, the department shall inform the facility in which the incident occurred,
consistent with confidentiality requirements concerning the
vulnerable adult, witnesses, and complainants. [1999 c 176 §
9.]
74.34.067
74.34.067 Investigations—Interviews—Ongoing case
planning—Conclusion of investigation. (1) Where appropriate, an investigation by the department may include a private interview with the vulnerable adult regarding the alleged
abandonment, abuse, financial exploitation, neglect, or selfneglect.
(2) In conducting the investigation, the department shall
interview the complainant, unless anonymous, and shall use
its best efforts to interview the vulnerable adult or adults
harmed, and, consistent with the protection of the vulnerable
adult shall interview facility staff, any available independent
sources of relevant information, including if appropriate the
family members of the vulnerable adult.
(3) The department may conduct ongoing case planning
and consultation with: (a) Those persons or agencies
required to report under this chapter or submit a report under
this chapter; (b) consultants designated by the department;
and (c) designated representatives of Washington Indian
tribes if client information exchanged is pertinent to cases
under investigation or the provision of protective services.
Information considered privileged by statute and not directly
related to reports required by this chapter must not be
divulged without a valid written waiver of the privilege.
(4) The department shall prepare and keep on file a
report of each investigation conducted by the department for
a period of time in accordance with policies established by
the department.
(5) If the department determines that the vulnerable adult
has suffered from abuse, neglect, self-neglect, abandonment,
or financial exploitation, and lacks the ability or capacity to
consent, and needs the protection of a guardian, the department may bring a guardianship action under chapter 11.88
RCW as an interested person.
(6) When the investigation is completed and the department determines that an incident of abandonment, abuse,
financial exploitation, neglect, or self-neglect has occurred,
the department shall inform the vulnerable adult of their right
to refuse protective services, and ensure that, if necessary,
appropriate protective services are provided to the vulnerable
(2004 Ed.)
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
74.34.068
74.34.068 Investigation results—Report—Rules. (1)
After the investigation is complete, the department may provide a written report of the outcome of the investigation to an
agency or program described in this subsection when the
department determines from its investigation that an incident
of abuse, abandonment, financial exploitation, or neglect
occurred. Agencies or programs that may be provided this
report are home health, hospice, or home care agencies, or
after January 1, 2002, any in-home services agency licensed
under chapter 70.127 RCW, a program authorized under
chapter 71A.12 RCW, an adult day care or day health program, regional support networks authorized under chapter
71.24 RCW, or other agencies. The report may contain the
name of the vulnerable adult and the alleged perpetrator. The
report shall not disclose the identity of the person who made
the report or any witness without the written permission of
the reporter or witness. The department shall notify the
alleged perpetrator regarding the outcome of the investigation. The name of the vulnerable adult must not be disclosed
during this notification.
(2) The department may also refer a report or outcome of
an investigation to appropriate state or local governmental
authorities responsible for licensing or certification of the
agencies or programs listed in subsection (1) of this section.
(3) The department shall adopt rules necessary to implement this section. [2001 c 233 § 2.]
Finding—2001 c 233: "The legislature recognizes that vulnerable
adults, while living in their own homes, may be abused, neglected, financially exploited, or abandoned by individuals entrusted to provide care for
them. The individuals who abuse, neglect, financially exploit, or abandon
vulnerable adults may be employed by, under contract with, or volunteering
for an agency or program providing care for vulnerable adults. The legislature has given the department of social and health services the responsibility
to investigate complaints of abandonment, abuse, financial exploitation, or
neglect of vulnerable adults and to provide protective services and other
legal remedies to protect these vulnerable adults. The legislature finds that in
order to continue to protect vulnerable adults, the department of social and
health services be given the authority to release report information and to
[Title 74 RCW—page 131]
74.34.070
Title 74 RCW: Public Assistance
release the results of an investigation to the agency or program with which
the individual investigated is employed, contracted, or engaged as a volunteer." [2001 c 233 § 1.]
74.34.070
74.34.070 Cooperative agreements for services. The
department may develop cooperative agreements with community-based agencies providing services for vulnerable
adults. The agreements shall cover: (1) The appropriate roles
and responsibilities of the department and community-based
agencies in identifying and responding to reports of alleged
abuse; (2) the provision of case-management services; (3)
standardized data collection procedures; and (4) related coordination activities. [1999 c 176 § 10; 1997 c 386 § 35; 1995
1st sp.s. c 18 § 87; 1984 c 97 § 13.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.34.080
74.34.080 Injunctions. If access is denied to an
employee of the department seeking to investigate an allegation of abandonment, abuse, financial exploitation, or neglect
of a vulnerable adult by an individual, the department may
seek an injunction to prevent interference with the investigation. The court shall issue the injunction if the department
shows that:
(1) There is reasonable cause to believe that the person is
a vulnerable adult and is or has been abandoned, abused,
financially exploited, or neglected; and
(2) The employee of the department seeking to investigate the report has been denied access. [1999 c 176 § 11;
1984 c 97 § 14.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
74.34.090
74.34.090 Data collection system—Confidentiality.
The department shall maintain a system for statistical data
collection, accessible for bona fide research only as the
department by rule prescribes. The identity of any person is
strictly confidential. [1984 c 97 § 15.]
74.34.095
74.34.095 Confidential information—Disclosure. (1)
The following information is confidential and not subject to
disclosure, except as provided in this section:
(a) A report of abandonment, abuse, financial exploitation, or neglect made under this chapter;
(b) The identity of the person making the report; and
(c) All files, reports, records, communications, and
working papers used or developed in the investigation or provision of protective services.
(2) Information considered confidential may be disclosed only for a purpose consistent with this chapter or as
authorized by chapter 18.20, 18.51, or 74.39A RCW, or as
authorized by the long-term care ombudsman programs
under federal law or state law, chapter 43.190 RCW.
(3) A court or presiding officer in an administrative proceeding may order disclosure of confidential information
only if the court, or presiding officer in an administrative proceeding, determines that disclosure is essential to the administration of justice and will not endanger the life or safety of
the vulnerable adult or individual who made the report. The
[Title 74 RCW—page 132]
court or presiding officer in an administrative hearing may
place restrictions on such disclosure as the court or presiding
officer deems proper. [2000 c 87 § 4; 1999 c 176 § 17.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
74.34.110 Protection of vulnerable adults—Petition
for protective order. An action known as a petition for an
order for protection of a vulnerable adult in cases of abandonment, abuse, financial exploitation, or neglect is created.
(1) A vulnerable adult may seek relief from abandonment, abuse, financial exploitation, or neglect, or the threat
thereof, by filing a petition for an order for protection in superior court.
(2) A petition shall allege that the petitioner is a vulnerable adult and that the petitioner has been abandoned, abused,
financially exploited, or neglected, or is threatened with
abandonment, abuse, financial exploitation, or neglect by
respondent.
(3) A petition shall be accompanied by affidavit made
under oath stating the specific facts and circumstances which
demonstrate the need for the relief sought.
(4) A petition for an order may be made whether or not
there is a pending lawsuit, complaint, petition, or other action
between the parties.
(5) A petitioner is not required to post bond to obtain
relief in any proceeding under this section.
(6) An action under this section shall be filed in the
county where the petitioner resides; except that if the petitioner has left the residence as a result of abandonment,
abuse, financial exploitation, or neglect, or in order to avoid
abandonment, abuse, financial exploitation, or neglect, the
petitioner may bring an action in the county of either the previous or new residence.
(7) The filing fee for the petition may be waived at the
discretion of the court. [1999 c 176 § 12; 1986 c 187 § 5.]
74.34.110
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
74.34.120 Protection of vulnerable adults—Hearing.
The court shall order a hearing on a petition under RCW
74.34.110 not later than fourteen days from the date of filing
the petition. Personal service shall be made upon the respondent not less than five court days before the hearing. If timely
service cannot be made, the court may set a new hearing date.
A petitioner may move for temporary relief under chapter
7.40 RCW. [1986 c 187 § 6.]
74.34.120
74.34.130 Protection of vulnerable adults—Judicial
relief. The court may order relief as it deems necessary for
the protection of the petitioner, including, but not limited to
the following:
(1) Restraining respondent from committing acts of
abandonment, abuse, neglect, or financial exploitation;
(2) Excluding the respondent from petitioner's residence
for a specified period or until further order of the court;
(3) Prohibiting contact by respondent for a specified
period or until further order of the court;
(4) Prohibiting the respondent from knowingly coming
within, or knowingly remaining within, a specified distance
from a specified location;
74.34.130
(2004 Ed.)
Abuse of Vulnerable Adults
(5) Requiring an accounting by respondent of the disposition of petitioner's income or other resources;
(6) Restraining the transfer of property for a specified
period not exceeding ninety days; and
(7) Requiring the respondent to pay the filing fee and
court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a
reasonable attorney's fee.
Any relief granted by an order for protection, other than
a judgment for costs, shall be for a fixed period not to exceed
one year. The clerk of the court shall enter any order for protection issued under this section into the judicial information
system. [2000 c 119 § 27; 2000 c 51 § 2; 1999 c 176 § 13;
1986 c 187 § 7.]
Reviser's note: This section was amended by 2000 c 51 § 2 and by
2000 c 119 § 27, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Application—2000 c 119: See note following RCW 26.50.021.
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
74.34.180
74.34.160
74.34.160 Protection of vulnerable adults—Proceedings are supplemental. Any proceeding under RCW
74.34.110 through 74.34.150 is in addition to any other civil
or criminal remedies. [1986 c 187 § 11.]
74.34.165
74.34.165 Rules. The department may adopt rules relating to the reporting, investigation, and provision of protective
services in in-home settings, consistent with the objectives of
this chapter. [1999 c 176 § 18.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
74.34.170
74.34.170 Services of department discretionary—
Funding. The provision of services under RCW *74.34.030,
74.34.040, 74.34.050, and **74.34.100 through 74.34.160
are discretionary and the department shall not be required to
expend additional funds beyond those appropriated. [1986 c
187 § 10.]
Reviser's note: *(1) RCW 74.34.030 was repealed by 1999 c 176 § 35.
**(2) RCW 74.34.100 was recodified as RCW 74.34.015 pursuant to
1995 1st sp.s. c 18 § 89, effective July 1, 1995. RCW 74.34.015 was subsequently repealed by 1999 c 176 § 35.
74.34.140
74.34.140 Protection of vulnerable adults—Execution of protective order. When an order for protection
under RCW 74.34.130 is issued upon request of the petitioner, the court may order a peace officer to assist in the execution of the order of protection. [1986 c 187 § 8.]
74.34.145
74.34.145 Protection of vulnerable adults—Notice of
criminal penalties for violation—Enforcement under
RCW 26.50.110. (1) An order for protection of a vulnerable
adult issued under this chapter which restrains the respondent
or another person from committing acts of abuse, prohibits
contact with the petitioner, excludes the person from any
specified location, or prohibits the person from coming
within a specified distance from a location, shall prominently
bear on the front page of the order the legend: VIOLATION
OF THIS ORDER WITH ACTUAL NOTICE OF ITS
TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER
26.50 RCW AND WILL SUBJECT A VIOLATOR TO
ARREST.
(2) Whenever an order for protection of a vulnerable
adult is issued under this chapter, and the respondent or person to be restrained knows of the order, a violation of a provision restraining the person from committing acts of abuse,
prohibiting contact with the petitioner, excluding the person
from any specified location, or prohibiting the person from
coming within a specified distance of a location, shall be punishable under RCW 26.50.110, regardless of whether the person is a family or household member as defined in RCW
26.50.010. [2000 c 119 § 2.]
Application—2000 c 119: See note following RCW 26.50.021.
74.34.150
74.34.150 Protection of vulnerable adults—Department may seek relief. The department of social and health
services, in its discretion, may seek relief under RCW
74.34.110 through 74.34.140 on behalf of and with the consent of any vulnerable adult. Neither the department of social
and health services nor the state of Washington shall be liable
for failure to seek relief on behalf of any persons under this
section. [1986 c 187 § 9.]
(2004 Ed.)
74.34.180
74.34.180 Retaliation against whistleblowers and residents—Remedies—Rules. (1) An employee or contractor
who is a whistleblower and who as a result of being a whistleblower has been subjected to workplace reprisal or retaliatory
action, has the remedies provided under chapter 49.60 RCW.
RCW 4.24.500 through 4.24.520, providing certain protection to persons who communicate to government agencies,
apply to complaints made under this section. The identity of
a whistleblower who complains, in good faith, to the department or the department of health about suspected abandonment, abuse, financial exploitation, or neglect by any person
in a facility, licensed or required to be licensed, or care provided in a facility or in a home setting, by any person associated with a hospice, home care, or home health agency
licensed under chapter 70.127 RCW or other in-home provider, may remain confidential if requested. The identity of
the whistleblower shall subsequently remain confidential
unless the department determines that the complaint was not
made in good faith.
(2)(a) An attempt to expel a resident from a facility, or
any type of discriminatory treatment of a resident who is a
consumer of hospice, home health, home care services, or
other in-home services by whom, or upon whose behalf, a
complaint substantiated by the department or the department
of health has been submitted to the department or the department of health or any proceeding instituted under or related to
this chapter within one year of the filing of the complaint or
the institution of the action, raises a rebuttable presumption
that the action was in retaliation for the filing of the complaint.
(b) The presumption is rebutted by credible evidence
establishing the alleged retaliatory action was initiated prior
to the complaint.
(c) The presumption is rebutted by a review conducted
by the department that shows that the resident or consumer's
needs cannot be met by the reasonable accommodations of
the facility due to the increased needs of the resident.
(3) For the purposes of this section:
[Title 74 RCW—page 133]
74.34.200
Title 74 RCW: Public Assistance
(a) "Whistleblower" means a resident or a person with a
mandatory duty to report under this chapter, or any person
licensed under Title 18 RCW, who in good faith reports
alleged abandonment, abuse, financial exploitation, or
neglect to the department, or the department of health, or to a
law enforcement agency;
(b) "Workplace reprisal or retaliatory action" means, but
is not limited to: Denial of adequate staff to perform duties;
frequent staff changes; frequent and undesirable office
changes; refusal to assign meaningful work; unwarranted and
unsubstantiated report of misconduct under Title 18 RCW;
letters of reprimand or unsatisfactory performance evaluations; demotion; denial of employment; or a supervisor or
superior encouraging coworkers to behave in a hostile manner toward the whistleblower. The protections provided to
whistleblowers under this chapter shall not prevent a facility
or an agency licensed under chapter 70.127 RCW from: (i)
Terminating, suspending, or disciplining a whistleblower for
other lawful purposes; or (ii) for facilities licensed under
chapter 70.128 RCW, reducing the hours of employment or
terminating employment as a result of the demonstrated
inability to meet payroll requirements. The department shall
determine if the facility cannot meet payroll in cases in which
a whistleblower has been terminated or had hours of employment reduced because of the inability of a facility to meet
payroll; and
(c) "Reasonable accommodation" by a facility to the
needs of a prospective or current resident has the meaning
given to this term under the federal Americans with disabilities act of 1990, 42 U.S.C. Sec. 12101 et seq. and other applicable federal or state antidiscrimination laws and regulations.
(4) This section does not prohibit a facility or an agency
licensed under chapter 70.127 RCW from exercising its
authority to terminate, suspend, or discipline any employee
who engages in workplace reprisal or retaliatory action
against a whistleblower.
(5) The department shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under this chapter.
(6)(a) Any vulnerable adult who relies upon and is being
provided spiritual treatment in lieu of medical treatment in
accordance with the tenets and practices of a well-recognized
religious denomination may not for that reason alone be considered abandoned, abused, or neglected.
(b) Any vulnerable adult may not be considered abandoned, abused, or neglected under this chapter by any health
care provider, facility, facility employee, agency, agency
employee, or individual provider who participates in good
faith in the withholding or withdrawing of life-sustaining
treatment from a vulnerable adult under chapter 70.122
RCW, or who acts in accordance with chapter 7.70 RCW or
other state laws to withhold or withdraw treatment, goods, or
services.
(7) The department, and the department of health for
facilities, agencies, or individuals it regulates, shall adopt
rules designed to discourage whistleblower complaints made
in bad faith or for retaliatory purposes. [1999 c 176 § 14;
1997 c 392 § 202.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
74.34.200
74.34.200 Abandonment, abuse, financial exploitation, or neglect of a vulnerable adult—Cause of action for
damages—Legislative intent. (1) In addition to other remedies available under the law, a vulnerable adult who has been
subjected to abandonment, abuse, financial exploitation, or
neglect either while residing in a facility or in the case of a
person residing at home who receives care from a home
health, hospice, or home care agency, or an individual provider, shall have a cause of action for damages on account of
his or her injuries, pain and suffering, and loss of property
sustained thereby. This action shall be available where the
defendant is or was a corporation, trust, unincorporated association, partnership, administrator, employee, agent, officer,
partner, or director of a facility, or of a home health, hospice,
or home care agency licensed or required to be licensed under
chapter 70.127 RCW, as now or subsequently designated, or
an individual provider.
(2) It is the intent of the legislature, however, that where
there is a dispute about the care or treatment of a vulnerable
adult, the parties should use the least formal means available
to try to resolve the dispute. Where feasible, parties are
encouraged but not mandated to employ direct discussion
with the health care provider, use of the long-term care
ombudsman or other intermediaries, and, when necessary,
recourse through licensing or other regulatory authorities.
(3) In an action brought under this section, a prevailing
plaintiff shall be awarded his or her actual damages, together
with the costs of the suit, including a reasonable attorney's
fee. The term "costs" includes, but is not limited to, the reasonable fees for a guardian, guardian ad litem, and experts, if
any, that may be necessary to the litigation of a claim brought
under this section. [1999 c 176 § 15; 1995 1st sp.s. c 18 § 85.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.34.205
74.34.205 Abandonment, abuse, or neglect—Exceptions. (1) Any vulnerable adult who relies upon and is being
provided spiritual treatment in lieu of medical treatment in
accordance with the tenets and practices of a well-recognized
religious denomination may not for that reason alone be considered abandoned, abused, or neglected.
(2) Any vulnerable adult may not be considered abandoned, abused, or neglected under this chapter by any health
care provider, facility, facility employee, agency, agency
employee, or individual provider who participates in good
faith in the withholding or withdrawing of life-sustaining
treatment from a vulnerable adult under chapter 70.122
RCW, or who acts in accordance with chapter 7.70 RCW or
other state laws to withhold or withdraw treatment, goods, or
services. [1999 c 176 § 16.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
74.34.210
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
[Title 74 RCW—page 134]
74.34.210 Order for protection or action for damages—Standing—Jurisdiction. A petition for an order for
(2004 Ed.)
Funding for Community Programs for the Aging
protection or an action for damages under this chapter may be
brought by the plaintiff, or where necessary, by his or her
family members and/or guardian or legal fiduciary, or as otherwise provided under this chapter. The death of the plaintiff
shall not deprive the court of jurisdiction over a petition or
claim brought under this chapter. Upon petition, after the
death of the vulnerable person, the right to initiate or maintain the action shall be transferred to the executor or administrator of the deceased, for the benefit of the surviving spouse,
child or children, or other heirs set forth in chapter 4.20
RCW. [1995 1st sp.s. c 18 § 86.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.34.900
74.34.900 Severability—1984 c 97. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 97 § 18.]
74.34.901
74.34.901 Severability—1986 c 187. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 187 § 12.]
Chapter 74.36 RCW
FUNDING FOR COMMUNITY PROGRAMS
FOR THE AGING
Chapter 74.36
Sections
74.36.100
74.36.110
74.36.120
74.36.130
Department to participate in and administer Federal Older
Americans Act of 1965.
Community programs and projects for the aging—Allotments
for—Purpose.
Community programs and projects for the aging—Standards
for eligibility and approval—Informal hearing on denial of
approval.
Community programs and projects for the aging—State funding, limitations—Payments, type.
State council on aging: RCW 43.20A.680.
74.38.010
available under the Federal Older Americans Act of 1965 as
amended. [1971 ex.s. c 169 § 10.]
Moneys in possession of secretary not subject to certain proceedings: RCW
74.13.070.
74.36.120
74.36.120 Community programs and projects for the
aging—Standards for eligibility and approval—Informal
hearing on denial of approval. (1) The secretary or his designee shall adopt and set forth standards for determining the
eligibility and approval of community projects and priorities
therefor, and shall have final authority to approve or deny
such projects and funding requested under RCW 74.36.110
through 74.36.130.
(2) Only community project proposals submitted by
local public agencies, by private nonprofit agencies or organizations, or by public or other nonprofit institutions of
higher education, shall be eligible for approval.
(3) Any community project applicant whose application
for approval is denied will be afforded an opportunity for an
informal hearing before the secretary or his designee, but the
administrative procedure act, chapter 34.05 RCW, shall not
apply. [1971 ex.s. c 169 § 11.]
74.36.130
74.36.130 Community programs and projects for the
aging—State funding, limitations—Payments, type. (1)
State funds made available under RCW 74.36.110 through
74.36.130 for any project shall not exceed fifty per centum of
the nonfederal share of the costs. To the extent that federal
law permits, and the secretary or his designee deems appropriate, the local community share and/or the state share may
be in the form of cash or in-kind resources.
(2) Payments made under RCW 74.36.110 through
74.36.130 may be made in advance or by way of reimbursement, and in such installments and on such conditions as the
secretary or his designee may determine, including provisions for adequate accounting systems, reasonable record
retention periods and financial audits. [1971 ex.s. c 169 §
12.]
Moneys in possession of secretary not subject to certain proceedings: RCW
74.13.070.
74.36.100
74.36.100 Department to participate in and administer Federal Older Americans Act of 1965. The department
of social and health services is authorized to take advantage
of and participate in the Federal Older Americans Act of
1965 (Public Law 89-73, 89th Congress, 79 Stat. 220) and to
accept, administer and disburse any federal funds that may be
available under said act. [1970 ex.s. c 18 § 27; 1967 ex.s. c
33 § 1.]
Sections
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
74.38.040
74.38.050
Chapter 74.38
74.38.010
74.38.020
74.38.030
74.36.110
74.36.110 Community programs and projects for the
aging—Allotments for—Purpose. The secretary of the
department of social and health services or his designee is
authorized to allot for such purposes all or a portion of whatever state funds the legislature appropriates or are otherwise
made available for the purpose of matching local funds dedicated to community programs and projects for the aging. The
purpose of RCW 74.36.110 through 74.36.130 is to stimulate
and assist local communities to obtain federal funds made
(2004 Ed.)
74.38.060
74.38.061
74.38.070
74.38.900
74.38.905
Chapter 74.38 RCW
SENIOR CITIZENS SERVICES ACT
Legislative recognition—Public policy.
Definitions.
Administration of community based services program—Area
plans—Annual state plan—Determination of low income
eligible persons.
Scope and extent of community based services program.
Availability of services for persons other than those of low
income—Utilization of volunteers and public assistance
recipients—Private agencies—Well-adult clinics—Fee
schedule, exceptions.
Expansion of federal programs authorized.
Expansion of federal programs authorized.
Reduced utility rates for low-income senior citizens and other
low-income citizens.
Short title.
Severability—1975-'76 2nd ex.s. c 131.
74.38.010
74.38.010 Legislative recognition—Public policy.
The legislature recognizes the need for the development and
[Title 74 RCW—page 135]
74.38.020
Title 74 RCW: Public Assistance
expansion of alternative services and forms of care for senior
citizens. Such services should be designed to restore individuals to, or maintain them at, the level of independent living
they are capable of attaining. These alternative services and
forms of care should be designed to both complement the
present forms of institutional care and create a system
whereby appropriate services can be rendered according to
the care needs of an individual. The provision of service
should continue until the client is able to function independently, moves to an institution, moves from the state, dies, or
withdraws from the program.
Therefore, it shall be the policy of this state to develop,
expand, or maintain those programs which provide an alternative to institutional care when that form of care is premature, unnecessary, or inappropriate. [1977 ex.s. c 321 § 1;
1975-'76 2nd ex.s. c 131 § 1.]
74.38.020 Definitions. As used in this chapter, the following words and phrases shall have the following meaning
unless the content clearly requires otherwise:
(1) "Area agency" means an agency, other than a state
agency, designated by the department to carry out programs
or services approved by the department in a designated geographical area of the state.
(2) "Area plan" means the document submitted annually
by an area agency to the department for approval which sets
forth (a) goals and measurable objectives, (b) review of past
expenditures and accounting of revenue for the previous year,
(c) estimated revenue and expenditures for the ensuing year,
and (d) the planning, coordination, administration, social services, and evaluation activities to be undertaken to carry out
the purposes of the Older Americans Act of 1965 (42 U.S.C.
Sec. 3024 et seq.), as now or hereafter amended.
(3) "Department" means the department of social and
health services.
(4) "Office" shall mean the office on aging which is the
organizational unit within the department responsible for
coordinating and administering aging problems.
(5) "Eligible persons" means senior citizens who are:
(a) Sixty-five years of age or more; or
(b) Sixty years of age or more and are either (i) nonemployed, or (ii) employed for twenty hours per week or less;
and
(c) In need of services to enable them to remain in their
customary homes because of physical, mental, or other debilitating impairments.
(6) "Low income" means initial resources or subsequent
income at or below forty percent of the state median income
as promulgated by the secretary of the United States department of health, education and welfare for Title XX of the
Social Security Act, or, in the alternative, a level determined
by the department and approved by the legislature.
(7) "Income" shall have the same meaning as in chapter
74.04 RCW, as now or hereafter amended; except, that
money received from RCW 74.38.060 shall be excluded from
this definition.
(8) "Resource" shall have the same meaning as in chapter 74.04 RCW, as now or hereafter amended.
(9) "Need" shall have the same meaning as in chapter
74.04 RCW, as now or hereafter amended. [1989 1st ex.s. c
9 § 817; 1977 ex.s. c 321 § 2; 1975-'76 2nd ex.s. c 131 § 2.]
74.38.020
[Title 74 RCW—page 136]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
74.38.030
74.38.030 Administration of community based services program—Area plans—Annual state plan—Determination of low income eligible persons. (1) The program
of community based services authorized under this chapter
shall be administered by the department. Such services may
be provided by the department or through purchase of service
contracts, vendor payments or direct client grants.
The department shall, under stipend or grant programs
provided under RCW 74.38.060, utilize, to the maximum
staffing level possible, eligible persons in its administration,
supervision, and operation.
(2) The department shall be responsible for planning,
coordination, monitoring and evaluation of services provided
under this chapter but shall avoid duplication of services.
(3) The department may designate area agencies in cities
of not less than twenty thousand population or in regional
areas within the state. These agencies shall submit area plans,
as required by the department. They shall also submit, in the
manner prescribed by the department, such other program or
fiscal data as may be required.
(4) The department shall develop an annual state plan
pursuant to the Older Americans Act of 1965, as now or hereafter amended. This plan shall include, but not be limited to:
(a) Area agencies' programs and services approved by
the department;
(b) Other programs and services authorized by the
department; and
(c) Coordination of all programs and services.
(5) The department shall establish rules and regulations
for the determination of low income eligible persons. Such
determination shall be related to need based on the initial
resources and subsequent income of the person entering into
a program or service. This determination shall not prevent the
eligible person from utilizing a program or service provided
by the department or area agency. However, if the determination is that such eligible person is nonlow income, the provision of RCW 74.38.050 shall be applied as of the date of such
determination. [1975-'76 2nd ex.s. c 131 § 3.]
74.38.040
74.38.040 Scope and extent of community based services program. The community based services for lowincome eligible persons provided by the department or the
respective area agencies may include:
(1) Access services designed to provide identification of
eligible persons, assessment of individual needs, reference to
the appropriate service, and follow-up service where
required. These services shall include information and referral, outreach, transportation and counseling;
(2) Day care offered on a regular, recurrent basis. General nursing, rehabilitation, personal care, nutritional services, social casework, mental health as provided pursuant to
chapter 71.24 RCW and/or limited transportation services
may be made available within this program;
(3) In-home care for persons, including basic health care;
performance of various household tasks and other necessary
chores, or, a combination of these services;
(4) Counseling on death for the terminally ill and care
and attendance at the time of death; except, that this is not to
(2004 Ed.)
Senior Citizens Services Act
include reimbursement for the use of life-sustaining mechanisms;
(5) Health services which will identify health needs and
which are designed to avoid institutionalization; assist in
securing admission to medical institutions or other health
related facilities when required; and, assist in obtaining
health services from public or private agencies or providers
of health services. These services shall include health screening and evaluation, in-home services, health education, and
such health appliances which will further the independence
and well-being of the person;
(6) The provision of low cost, nutritionally sound meals
in central locations or in the person's home in the instance of
incapacity. Also, supportive services may be provided in
nutritional education, shopping assistance, diet counseling
and other services to sustain the nutritional well-being of
these persons;
(7) The provisions of services to maintain a person's
home in a state of adequate repair, insofar as is possible, for
their safety and comfort. These services shall be limited, but
may include housing counseling, minor repair and maintenance, and moving assistance when such repair will not attain
standards of health and safety, as determined by the department;
(8) Civil legal services, as limited by RCW 2.50.100, for
counseling and representation in the areas of housing, consumer protection, public entitlements, property, and related
fields of law;
(9) Long-term care ombudsman programs for residents
of all long-term care facilities. [1983 c 290 § 14; 1977 ex.s.
c 321 § 3; 1975-'76 2nd ex.s. c 131 § 4.]
Severability—1983 c 290: See RCW 43.190.900.
74.38.050
74.38.050 Availability of services for persons other
than those of low income—Utilization of volunteers and
public assistance recipients—Private agencies—Welladult clinics—Fee schedule, exceptions. The services provided in RCW 74.38.040 may be provided to nonlow income
eligible persons: PROVIDED, That the department and the
area agencies on aging shall utilize volunteer workers and
public assistant recipients to the maximum extent possible to
provide the services provided in RCW 74.38.040: PROVIDED, FURTHER, That the department and the area agencies shall utilize the bid procedure pursuant to chapter 43.19
RCW for providing such services to low income and nonlow
income persons whenever the services to be provided are
available through private agencies at a cost savings to the
department. The department shall establish a fee schedule
based on the ability to pay and graduated to full recovery of
the cost of the service provided; except, that nutritional services, health screening, services under the long-term care
ombudsman program under chapter 43.190 RCW and access
services provided in RCW 74.38.040 shall not be based on
need and no fee shall be charged; except further, notwithstanding any other provision of this chapter, that well adult
clinic services may be provided in lieu of health screening
services if such clinics use the fee schedule established by
this section. [1983 c 290 § 15; 1979 ex.s. c 147 § 1; 1977
ex.s. c 321 § 4; 1975-'76 2nd ex.s. c 131 § 5.]
Severability—1983 c 290: See RCW 43.190.900.
(2004 Ed.)
74.38.905
Effective date—1979 ex.s. c 147: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall take effect
July 1, 1979." [1979 ex.s. c 147 § 4.]
74.38.060
74.38.060 Expansion of federal programs authorized. The department may expand the foster grandparent,
senior companion and retired senior volunteer programs
funded under the Federal Volunteer Agency (ACTION) (P.L.
93-113 Title II), or its successor agency, which provide
senior citizens with volunteer stipends, out-of-pocket
expenses, or wages to perform services in the community.
[1975-'76 2nd ex.s. c 131 § 6.]
RSVP funding: RCW 43.63A.275.
74.38.061
74.38.061 Expansion of federal programs authorized. The department may expand the foster grandparent,
senior companion, and retired senior volunteer programs
funded under the Federal Volunteer Agency (ACTION) (P.L.
93-113 Title II), or its successor agency, which provide
senior citizens with volunteer stipends, out-of-pocket
expenses, or wages to perform services in the community.
[1977 ex.s. c 321 § 5.]
74.38.070
74.38.070 Reduced utility rates for low-income
senior citizens and other low-income citizens. Notwithstanding any other provision of law, any county, city, town,
public utility district or other municipal corporation, or quasi
municipal corporation providing utility services may provide
such services at reduced rates for low-income senior citizens
or other low-income citizens: PROVIDED, That, for the purposes of this section, "low-income senior citizen" or "other
low-income citizen" shall be defined by appropriate ordinance or resolution adopted by the governing body of the
county, city, town, public utility district or other municipal
corporation, or quasi municipal corporation providing the
utility services. Any reduction in rates granted in whatever
manner to low-income senior citizens or other low-income
citizens in one part of a service area shall be uniformly
extended to low-income senior citizens or other low-income
citizens in all other parts of the service area. [2002 c 270 § 1;
1998 c 300 § 8; 1990 c 164 § 1; 1988 c 44 § 1; 1980 c 160 §
1; 1979 c 116 § 1.]
Findings—Intent—1998 c 300: See RCW 19.29A.005.
Construction—Severability—1998 c 300: See RCW 19.29A.900 and
19.29A.901.
74.38.900
74.38.900 Short title. Sections 1 through 6 of this act
shall be known and may be cited as the "Senior Citizens Services Act". [1975-'76 2nd ex.s. c 131 § 7.]
74.38.905
74.38.905 Severability—1975-'76 2nd ex.s. c 131. If
any provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1975-'76 2nd ex.s. c 131 § 10.]
[Title 74 RCW—page 137]
Chapter 74.39
Title 74 RCW: Public Assistance
Chapter 74.39 RCW
LONG-TERM CARE SERVICE OPTIONS
Chapter 74.39
Sections
74.39.001
74.39.005
74.39.007
74.39.010
74.39.020
74.39.030
74.39.041
74.39.050
74.39.060
74.39.070
74.39.900
Finding.
Purpose.
Definitions.
Option—Flexibility—Title XIX of the federal social security
act.
Opportunities—Increase of federal funds—Title XIX of the
federal social security act.
Community options program entry system—Waiver—Respite
services.
Community residential options—Nursing facility eligible clients.
Individuals with functional disabilities—Self-directed care.
Personal aide providers—Registration.
Personal aide—Qualification exemptions.
Severability—1989 c 427.
(8) Ensure that individuals and organizations affected by
or interested in long-term care programs have an opportunity
to participate in identification of needs and priorities, policy
development, planning, and development, implementation,
and monitoring of state supported long-term care programs;
(9) Support educational institutions in Washington state
to assist in the procurement of federal support for expanded
research and training in long-term care; and
(10) Facilitate the development of a coordinated system
of long-term care education that is clearly articulated
between all levels of higher education and reflective of both
in-home care needs and institutional care needs of functionally disabled persons. [1995 1st sp.s. c 18 § 10; 1989 c 427 §
2.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.39.001
74.39.001 Finding. The legislature finds that:
Washington's chronically functionally disabled population is growing at a rapid pace. This growth, along with economic and social changes and the coming age wave, presents
opportunities for the development of long-term care community services networks and enhanced volunteer participation
in those networks, and creates a need for different approaches
to currently fragmented long-term care programs. The legislature further recognizes that persons with functional disabilities should receive long-term care services that encourage
individual dignity, autonomy, and development of their fullest human potential. [1989 c 427 § 1.]
74.39.005
74.39.005 Purpose. The purpose of this chapter is to:
(1) Establish a balanced range of health, social, and supportive services that deliver long-term care services to chronically, functionally disabled persons of all ages;
(2) Ensure that functional ability shall be the determining
factor in defining long-term care service needs and that these
needs will be determined by a uniform system for comprehensively assessing functional disability;
(3) Ensure that services are provided in the most independent living situation consistent with individual needs;
(4) Ensure that long-term care service options shall be
developed and made available that enable functionally disabled persons to continue to live in their homes or other community residential facilities while in the care of their families
or other volunteer support persons;
(5) Ensure that long-term care services are coordinated
in a way that minimizes administrative cost, eliminates
unnecessarily complex organization, minimizes program and
service duplication, and maximizes the use of financial
resources in directly meeting the needs of persons with functional limitations;
(6) Develop a systematic plan for the coordination, planning, budgeting, and administration of long-term care services now fragmented between the division of developmental
disabilities, division of mental health, aging and adult services administration, division of children and family services,
division of vocational rehabilitation, office on AIDS, division
of health, and bureau of alcohol and substance abuse;
(7) Encourage the development of a statewide long-term
care case management system that effectively coordinates the
plan of care and services provided to eligible clients;
[Title 74 RCW—page 138]
74.39.007
74.39.007 Definitions. The definitions in this section
apply throughout RCW 74.39.007, 74.39.050, 74.39.060,
74.39.070, 43.190.060, and section 1, chapter 336, Laws of
1999 unless the context clearly requires otherwise.
(1) "Self-directed care" means the process in which an
adult person, who is prevented by a functional disability from
performing a manual function related to health care that an
individual would otherwise perform for himself or herself,
chooses to direct and supervise a paid personal aide to perform those tasks.
(2) "Personal aide" means an individual, working privately or as an individual provider under contract or agreement with the department of social and health services, who
acts at the direction of an adult person with a functional disability living in his or her own home and provides that person
with health care services that a person without a functional
disability can perform. [1999 c 336 § 2.]
Finding—Intent—1999 c 336: "(1) The legislature finds that certain
aspects of health licensure laws have the unintended consequence of limiting
the right of persons with functional disabilities to care for themselves in their
own home, and of securing assistance from other persons in performing routine health-related tasks that persons without these disabilities customarily
perform.
(2) It is the intent of the legislature to clarify the right of adults with
functional disabilities to choose to self-direct their own health-related tasks
through personal aides, and to describe the circumstances under which selfdirected care may take place in the home setting. The legislature declares that
it is in the public interest to preserve the autonomy and dignity of persons
with functional disabilities to care for themselves in their own homes, among
the continuum of options for health care services where the judgment and
control over the care rests with the individual." [1999 c 336 § 1.]
74.39.010
74.39.010 Option—Flexibility—Title XIX of the federal social security act. A valuable option available to
Washington state to achieve the goals of RCW 74.39.001 and
74.39.005 is the flexibility in personal care and other longterm care services encouraged by the federal government
under Title XIX of the federal social security act. These services include options to expand community-based long-term
care services, such as adult family homes, congregate care
facilities, respite, chore services, hospice, and case management. [1989 c 427 § 3.]
74.39.020
74.39.020 Opportunities—Increase of federal
funds—Title XIX of the federal social security act. Title
XIX of the federal social security act offers valuable opportu(2004 Ed.)
Long-Term Care Service Options
nities to increase federal funds available to provide community-based long-term care services to functionally disabled
persons in their homes, and in noninstitutional residential
facilities, such as adult family homes and congregate care
facilities. [1989 c 427 § 9.]
74.39.030
74.39.030 Community options program entry system—Waiver—Respite services. The department shall
request an amendment to its community options program
entry system waiver under section 1905(c) of the federal
social security act to include respite services as a service
available under the waiver. [1989 c 427 § 11.]
74.39.041
74.39.041 Community residential options—Nursing
facility eligible clients. (1) To the extent of available funds
and subject to any conditions placed on appropriations for
this purpose, the department may provide one or more home
and community-based waiver programs in accordance with
section 1915(c) of the federal social security act for Washington residents who have a gross income in excess of three hundred percent of the federal supplemental security income
benefit level. The waiver services provided in accordance
with this section may differ from, and shall operate with a
separate limit or limits on total enrollment than, those provided for persons who are categorically needy as defined in
Title XIX of the federal social security act. The department
shall adopt rules to establish eligibility criteria, applicable
income standards, and the specific waiver services to be provided. Total annual enrollment levels and the services to be
provided shall be as specified in the waiver agreement or
agreements with the federal government, subject to any conditions on appropriations for this purpose.
(2) If a nursing facility resident becomes eligible for
home and community-based waiver service alternatives to
nursing facility care, but chooses to continue to reside in a
nursing facility, the department must allow that choice. However, if the resident is a medicaid recipient, the resident must
require a nursing facility level of care.
(3) If a recipient of home and community-based waiver
services may continue to receive home and community-based
waiver services, despite an otherwise disqualifying level of
income, but chooses to seek admission to a nursing facility,
the department must allow that choice. However, if the resident is a medicaid recipient, the resident must require a nursing facility level of care.
(4) The department will fully disclose to all individuals
eligible for waiver services under this section the services
available in different long-term care settings. [2001 c 269 §
2.]
74.39.050
74.39.050 Individuals with functional disabilities—
Self-directed care. (1) An adult person with a functional
disability living in his or her own home may direct and supervise a paid personal aide in the performance of a health care
task.
(2) The following requirements shall guide the provision
of self-directed care under chapter 336, Laws of 1999:
(a) Health care tasks are those medical, nursing, or home
health services that enable the person to maintain independence, personal hygiene, and safety in his or her own home,
(2004 Ed.)
74.39.900
and that are services that a person without a functional disability would customarily and personally perform without the
assistance of a licensed health care provider.
(b) The individual who chooses to self-direct a health
care task is responsible for initiating self-direction by informing the health care professional who has ordered the treatment which involves that task of the individual's intent to perform that task through self-direction.
(c) When state funds are used to pay for self-directed
tasks, a description of those tasks will be included in the client's comprehensive assessment, and subject to review with
each annual reassessment.
(d) When a licensed health care provider orders treatment involving a health care task to be performed through
self-directed care, the responsibility to ascertain that the
patient understands the treatment and will be able to follow
through on the self-directed care task is the same as it would
be for a patient who performs the health care task for himself
or herself, and the licensed health care provider incurs no
additional liability when ordering a health care task which is
to be performed through self-directed care.
(e) The role of the personal aide in self-directed care is
limited to performing the physical aspect of health care tasks
under the direction of the person for whom the tasks are being
done. This shall not affect the ability of a personal aide to
provide other home care services, such as personal care or
homemaker services, which enable the client to remain at
home.
(f) The responsibility to initiate self-directed health care
tasks, to possess the necessary knowledge and training for
those tasks, and to exercise judgment regarding the manner of
their performance rests and remains with the person who has
chosen to self-direct those tasks, including the decision to
employ and dismiss a personal aide. [1999 c 336 § 3.]
Finding—Intent—1999 c 336: See note following RCW 74.39.007.
74.39.060
74.39.060 Personal aide providers—Registration.
Any individual who, for compensation, serves as a personal
aide provider under contract or agreement with the department of social and health services, to a person who selfdirects his or her own care in his or her own home, shall register with the department of social and health services. [1999
c 336 § 4.]
Finding—Intent—1999 c 336: See note following RCW 74.39.007.
74.39.070
74.39.070 Personal aide—Qualification exemptions.
A personal aide, in the performance of a health care task, who
is directed and supervised by a person with a functional disability in his or her own home, is exempt from any legal
requirement to qualify and be credentialed by the department
of health as a health care provider under Title 18 RCW to the
extent of the responsibilities provided and health care tasks
performed under chapter 336, Laws of 1999. [1999 c 336 §
8.]
Finding—Intent—1999 c 336: See note following RCW 74.39.007.
74.39.900
74.39.900 Severability—1989 c 427. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
[Title 74 RCW—page 139]
Chapter 74.39A
Title 74 RCW: Public Assistance
provision to other persons or circumstances is not affected.
[1989 c 427 § 43.]
Chapter 74.39A
Chapter 74.39A RCW
LONG-TERM CARE SERVICES
OPTIONS—EXPANSION
Sections
74.39A.005
74.39A.007
74.39A.009
74.39A.010
74.39A.020
74.39A.030
74.39A.040
74.39A.050
74.39A.060
74.39A.070
74.39A.080
74.39A.090
74.39A.095
74.39A.100
74.39A.110
74.39A.120
74.39A.130
74.39A.140
74.39A.150
74.39A.160
74.39A.170
74.39A.180
74.39A.190
74.39A.200
74.39A.210
74.39A.220
74.39A.230
74.39A.240
74.39A.250
74.39A.260
74.39A.270
74.39A.280
74.39A.290
74.39A.300
74.39A.900
74.39A.901
74.39A.902
74.39A.903
Findings.
Purpose and intent.
Definitions.
Assisted living services and enhanced adult residential care—
Contracts—Rules.
Adult residential care—Contracts—Rules.
Expansion of home and community services—Payment rates.
Department assessment of and assistance to hospital patients
in need of long-term care.
Quality improvement principles.
Toll-free telephone number for complaints—Investigation and
referral—Rules—Discrimination or retaliation prohibited.
Rules for qualifications and training requirements—Requirement that contractors comply with federal and state regulations.
Department authority to take actions in response to noncompliance or violations.
Discharge planning—Contracts for case management services
and reassessment and reauthorization—Assessment of case
management roles and quality of in-home care services—
Plan of care model language.
Case management services—Agency on aging oversight—
Plan of care—Termination of contract—Rejection of individual provider.
Chore services—Legislative finding, intent.
Chore services—Legislative policy and intent regarding available funds—Levels of service.
Chore services—Expenditure limitation—Priorities—Rule on
patient resource limit.
Chore services—Department to develop program.
Chore services—Employment of public assistance recipients.
Chore services for disabled persons—Eligibility.
Transfer of assets—Penalties.
Recovery of payments—Transfer of assets rules for eligibility—Disclosure of estate recovery costs, terms, and conditions.
Authority to pay for probate actions and collection of bad
debts.
Community long-term care training and education steering
committee.
Training curricula, materials—In public domain—Exceptions.
Disclosure of employee information—Employer immunity—
Rebuttable presumption.
Findings—2002 c 3 (Initiative Measure No. 775).
Authority created.
Definitions.
Authority duties.
Department duties.
Collective bargaining—Circumstances in which individual
providers are considered public employees—Exceptions.
Powers.
Performance review.
Funding.
Section captions—1993 c 508.
Conflict with federal requirements.
Severability—1993 c 508.
Effective date—1993 c 508.
74.39A.005 Findings. The legislature finds that the
aging of the population and advanced medical technology
have resulted in a growing number of persons who require
assistance. The primary resource for long-term care continues to be family and friends. However, these traditional caregivers are increasingly employed outside the home. There is
a growing demand for improvement and expansion of home
and community-based long-term care services to support and
complement the services provided by these informal caregivers.
74.39A.005
[Title 74 RCW—page 140]
The legislature further finds that the public interest
would best be served by a broad array of long-term care services that support persons who need such services at home or
in the community whenever practicable and that promote
individual autonomy, dignity, and choice.
The legislature finds that as other long-term care options
become more available, the relative need for nursing home
beds is likely to decline. The legislature recognizes, however,
that nursing home care will continue to be a critical part of the
state's long-term care options, and that such services should
promote individual dignity, autonomy, and a homelike environment.
The legislature finds that many recipients of in-home
services are vulnerable and their health and well-being are
dependent on their caregivers. The quality, skills, and knowledge of their caregivers are often the key to good care. The
legislature finds that the need for well-trained caregivers is
growing as the state's population ages and clients' needs
increase. The legislature intends that current training standards be enhanced. [2000 c 121 § 9; 1993 c 508 § 1.]
74.39A.007
74.39A.007 Purpose and intent. It is the legislature's
intent that:
(1) Long-term care services administered by the department of social and health services include a balanced array of
health, social, and supportive services that promote individual choice, dignity, and the highest practicable level of independence;
(2) Home and community-based services be developed,
expanded, or maintained in order to meet the needs of consumers and to maximize effective use of limited resources;
(3) Long-term care services be responsive and appropriate to individual need and also cost-effective for the state;
(4) Nursing home care is provided in such a manner and
in such an environment as will promote maintenance or
enhancement of the quality of life of each resident and timely
discharge to a less restrictive care setting when appropriate;
and
(5) State health planning for nursing home bed supply
take into account increased availability of other home and
community-based service options. [1993 c 508 § 2.]
74.39A.009
74.39A.009 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Adult family home" means a home licensed under
chapter 70.128 RCW.
(2) "Adult residential care" means services provided by a
boarding home that is licensed under chapter 18.20 RCW and
that has a contract with the department under RCW
74.39A.020 to provide personal care services.
(3) "Assisted living services" means services provided
by a boarding home that has a contract with the department
under RCW 74.39A.010 to provide personal care services,
intermittent nursing services, and medication administration
services, and the resident is housed in a private apartmentlike unit.
(4) "Boarding home" means a facility licensed under
chapter 18.20 RCW.
(2004 Ed.)
Long-Term Care Services Options—Expansion
(5) "Cost-effective care" means care provided in a setting of an individual's choice that is necessary to promote the
most appropriate level of physical, mental, and psychosocial
well-being consistent with client choice, in an environment
that is appropriate to the care and safety needs of the individual, and such care cannot be provided at a lower cost in any
other setting. But this in no way precludes an individual from
choosing a different residential setting to achieve his or her
desired quality of life.
(6) "Department" means the department of social and
health services.
(7) "Enhanced adult residential care" means services
provided by a boarding home that is licensed under chapter
18.20 RCW and that has a contract with the department under
RCW 74.39A.010 to provide personal care services, intermittent nursing services, and medication administration services.
(8) "Functionally disabled person" is synonymous with
chronic functionally disabled and means a person who
because of a recognized chronic physical or mental condition
or disease, including chemical dependency, is impaired to the
extent of being dependent upon others for direct care, support, supervision, or monitoring to perform activities of daily
living. "Activities of daily living", in this context, means
self-care abilities related to personal care such as bathing,
eating, using the toilet, dressing, and transfer. Instrumental
activities of daily living may also be used to assess a person's
functional abilities as they are related to the mental capacity
to perform activities in the home and the community such as
cooking, shopping, house cleaning, doing laundry, working,
and managing personal finances.
(9) "Home and community services" means adult family
homes, in-home services, and other services administered or
provided by contract by the department directly or through
contract with area agencies on aging or similar services provided by facilities and agencies licensed by the department.
(10) "Long-term care" is synonymous with chronic care
and means care and supports delivered indefinitely, intermittently, or over a sustained time to persons of any age disabled
by chronic mental or physical illness, disease, chemical
dependency, or a medical condition that is permanent, not
reversible or curable, or is long-lasting and severely limits
their mental or physical capacity for self-care. The use of this
definition is not intended to expand the scope of services,
care, or assistance by any individuals, groups, residential care
settings, or professions unless otherwise expressed by law.
(11) "Nursing home" means a facility licensed under
chapter 18.51 RCW.
(12) "Secretary" means the secretary of social and health
services.
(13) "Tribally licensed boarding home" means a boarding home licensed by a federally recognized Indian tribe
which home provides services similar to boarding homes
licensed under chapter 18.20 RCW. [2004 c 142 § 14; 1997
c 392 § 103.]
Effective dates—2004 c 142: See note following RCW 18.20.020.
Short title—1997 c 392: "This act shall be known and may be cited as
the Clara act." [1997 c 392 § 101.]
Findings—1997 c 392: "The legislature finds and declares that the
state's current fragmented categorical system for administering services to
persons with disabilities and the elderly is not client and family-centered and
has created significant organizational barriers to providing high quality, safe,
(2004 Ed.)
74.39A.010
and effective care and support. The present fragmented system results in
uncoordinated enforcement of regulations designed to protect the health and
safety of disabled persons, lacks accountability due to the absence of management information systems' client tracking data, and perpetuates difficulty
in matching client needs and services to multiple categorical funding
sources.
The legislature further finds that Washington's chronically functionally
disabled population of all ages is growing at a rapid pace due to a population
of the very old and increased incidence of disability due in large measure to
technological improvements in acute care causing people to live longer. Further, to meet the significant and growing long-term care needs into the near
future, rapid, fundamental changes must take place in the way we finance,
organize, and provide long-term care services to the chronically functionally
disabled.
The legislature further finds that the public demands that long-term
care services be safe, client and family-centered, and designed to encourage
individual dignity, autonomy, and development of the fullest human potential at home or in other residential settings, whenever practicable." [1997 c
392 § 102.]
Construction—Conflict with federal requirements—1997 c 392:
"Any section or provision of this act that may be susceptible to more than one
construction shall be interpreted in favor of the construction most likely to
comply with federal laws entitling this state to receive federal funds for the
various programs of the department of health or the department of social and
health services. If any section of this act is found to be in conflict with federal requirements that are a prescribed condition of the allocation of federal
funds to the state, or to any departments or agencies thereof, the conflicting
part is declared to be inoperative solely to the extent of the conflict. The
rules issued under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [1997 c 392 §
504.]
Part headings and captions not law—1997 c 392: "Part headings and
captions used in this act are not part of the law." [1997 c 392 § 531.]
74.39A.010 Assisted living services and enhanced
adult residential care—Contracts—Rules. (1) To the
extent of available funding, the department of social and
health services may contract with licensed boarding homes
under chapter 18.20 RCW and tribally licensed boarding
homes for assisted living services and enhanced adult residential care. The department shall develop rules for facilities
that contract with the department for assisted living services
or enhanced adult residential care to establish:
(a) Facility service standards consistent with the principles in RCW 74.39A.050 and consistent with chapter 70.129
RCW;
(b) Standards for resident living areas consistent with
RCW 74.39A.030;
(c) Training requirements for providers and their staff.
(2) The department's rules shall provide that services in
assisted living and enhanced adult residential care:
(a) Recognize individual needs, privacy, and autonomy;
(b) Include, but not be limited to, personal care, nursing
services, medication administration, and supportive services
that promote independence and self-sufficiency;
(c) Are of sufficient scope to assure that each resident
who chooses to remain in the assisted living or enhanced
adult residential care may do so, to the extent that the care
provided continues to be cost-effective and safe and promote
the most appropriate level of physical, mental, and psychosocial well-being consistent with client choice;
(d) Are directed first to those persons most likely, in the
absence of enhanced adult residential care or assisted living
services, to need hospital, nursing facility, or other out-ofhome placement; and
(e) Are provided in compliance with applicable facility
and professional licensing laws and rules.
74.39A.010
[Title 74 RCW—page 141]
74.39A.020
Title 74 RCW: Public Assistance
(3) When a facility contracts with the department for
assisted living services or enhanced adult residential care,
only services and facility standards that are provided to or in
behalf of the assisted living services or enhanced adult residential care client shall be subject to the department's rules.
[1995 1st sp.s. c 18 § 14; 1993 c 508 § 3.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.39A.020 Adult residential care—Contracts—
Rules. (1) To the extent of available funding, the department
of social and health services may contract for adult residential care.
(2) The department shall, by rule, develop terms and
conditions for facilities that contract with the department for
adult residential care to establish:
(a) Facility service standards consistent with the principles in RCW 74.39A.050 and consistent with chapter 70.129
RCW; and
(b) Training requirements for providers and their staff.
(3) The department shall, by rule, provide that services in
adult residential care facilities:
(a) Recognize individual needs, privacy, and autonomy;
(b) Include personal care and other services that promote
independence and self-sufficiency and aging in place;
(c) Are directed first to those persons most likely, in the
absence of adult residential care services, to need hospital,
nursing facility, or other out-of-home placement; and
(d) Are provided in compliance with applicable facility
and professional licensing laws and rules.
(4) When a facility contracts with the department for
adult residential care, only services and facility standards that
are provided to or in behalf of the adult residential care client
shall be subject to the adult residential care rules.
(5) To the extent of available funding, the department
may also contract under this section with a tribally licensed
boarding home for the provision of services of the same
nature as the services provided by adult residential care facilities. The provisions of subsections (2)(a) and (b) and (3)(a)
through (d) of this section apply to such a contract. [2004 c
142 § 15; 1995 1st sp.s. c 18 § 15.]
74.39A.020
Effective dates—2004 c 142: See note following RCW 18.20.020.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.39A.030 Expansion of home and community services—Payment rates. (1) To the extent of available funding, the department shall expand cost-effective options for
home and community services for consumers for whom the
state participates in the cost of their care.
(2) In expanding home and community services, the
department shall: (a) Take full advantage of federal funding
available under Title XVIII and Title XIX of the federal
social security act, including home health, adult day care,
waiver options, and state plan services; and (b) be authorized
to use funds available under its community options program
entry system waiver granted under section 1915(c) of the federal social security act to expand the availability of in-home,
adult residential care, adult family homes, enhanced adult
residential care, and assisted living services. By June 30,
1997, the department shall undertake to reduce the nursing
74.39A.030
[Title 74 RCW—page 142]
home medicaid census by at least one thousand six hundred
by assisting individuals who would otherwise require nursing
facility services to obtain services of their choice, including
assisted living services, enhanced adult residential care, and
other home and community services. If a resident, or his or
her legal representative, objects to a discharge decision initiated by the department, the resident shall not be discharged if
the resident has been assessed and determined to require
nursing facility services. In contracting with nursing homes
and boarding homes for enhanced adult residential care
placements, the department shall not require, by contract or
through other means, structural modifications to existing
building construction.
(3)(a) The department shall by rule establish payment
rates for home and community services that support the provision of cost-effective care. In the event of any conflict
between any such rule and a collective bargaining agreement
entered into under RCW 74.39A.270 and 74.39A.300, the
collective bargaining agreement prevails.
(b) The department may authorize an enhanced adult residential care rate for nursing homes that temporarily or permanently convert their bed use for the purpose of providing
enhanced adult residential care under chapter 70.38 RCW,
when the department determines that payment of an
enhanced rate is cost-effective and necessary to foster expansion of contracted enhanced adult residential care services.
As an incentive for nursing homes to permanently convert a
portion of its nursing home bed capacity for the purpose of
providing enhanced adult residential care, the department
may authorize a supplemental add-on to the enhanced adult
residential care rate.
(c) The department may authorize a supplemental
assisted living services rate for up to four years for facilities
that convert from nursing home use and do not retain rights to
the converted nursing home beds under chapter 70.38 RCW,
if the department determines that payment of a supplemental
rate is cost-effective and necessary to foster expansion of
contracted assisted living services. [2002 c 3 § 10 (Initiative
Measure No. 775, approved November 6, 2001); 1995 1st
sp.s. c 18 § 2.]
Findings—Captions not law—Severability—2002 c 3 (Initiative
Measure No. 775): See RCW 74.39A.220 and notes following.
Conflict with federal requirements—1995 1st sp.s. c 18: "If any part
of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not affect the
operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a
necessary condition to the receipt of federal funds by the state." [1995 1st
sp.s. c 18 § 74.]
Severability—1995 1st sp.s. c 18: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 1st sp.s. c 18 § 119.]
Effective date—1995 1st sp.s. c 18: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 1st sp.s. c 18 § 120.]
74.39A.040
74.39A.040 Department assessment of and assistance
to hospital patients in need of long-term care. The department shall work in partnership with hospitals in assisting
(2004 Ed.)
Long-Term Care Services Options—Expansion
patients and their families to find long-term care services of
their choice. The department shall not delay hospital discharges but shall assist and support the activities of hospital
discharge planners. The department also shall coordinate
with home health and hospice agencies whenever appropriate. The role of the department is to assist the hospital and to
assist patients and their families in making informed choices
by providing information regarding home and community
options to individuals who are hospitalized and likely to need
long-term care.
(1) To the extent of available funds, the department shall
assess individuals who:
(a) Are medicaid clients, medicaid applicants, or eligible
for both medicare and medicaid; and
(b) Apply or are likely to apply for admission to a nursing facility.
(2) For individuals who are reasonably expected to
become medicaid recipients within one hundred eighty days
of admission to a nursing facility, the department shall, to the
extent of available funds, offer an assessment and information regarding appropriate in-home and community services.
(3) When the department finds, based on assessment,
that the individual prefers and could live appropriately and
cost-effectively at home or in some other community-based
setting, the department shall:
(a) Advise the individual that an in-home or other community service is appropriate;
(b) Develop, with the individual or the individual's representative, a comprehensive community service plan;
(c) Inform the individual regarding the availability of
services that could meet the applicant's needs as set forth in
the community service plan and explain the cost to the applicant of the available in-home and community services relative to nursing facility care; and
(d) Discuss and evaluate the need for on-going involvement with the individual or the individual's representative.
(4) When the department finds, based on assessment,
that the individual prefers and needs nursing facility care, the
department shall:
(a) Advise the individual that nursing facility care is
appropriate and inform the individual of the available nursing
facility vacancies;
(b) If appropriate, advise the individual that the stay in
the nursing facility may be short term; and
(c) Describe the role of the department in providing nursing facility case management. [1995 1st sp.s. c 18 § 6.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.39A.050
74.39A.050 Quality improvement principles. The
department's system of quality improvement for long-term
care services shall use the following principles, consistent
with applicable federal laws and regulations:
(1) The system shall be client-centered and promote privacy, independence, dignity, choice, and a home or homelike environment for consumers consistent with chapter 392,
Laws of 1997.
(2) The goal of the system is continuous quality
improvement with the focus on consumer satisfaction and
outcomes for consumers. This includes that when conducting
licensing or contract inspections, the department shall inter(2004 Ed.)
74.39A.050
view an appropriate percentage of residents, family members,
resident case managers, and advocates in addition to interviewing providers and staff.
(3) Providers should be supported in their efforts to
improve quality and address identified problems initially
through training, consultation, technical assistance, and case
management.
(4) The emphasis should be on problem prevention both
in monitoring and in screening potential providers of service.
(5) Monitoring should be outcome based and responsive
to consumer complaints and based on a clear set of health,
quality of care, and safety standards that are easily understandable and have been made available to providers, residents, and other interested parties.
(6) Prompt and specific enforcement remedies shall also
b e im p l e m e n t ed wi th o u t d e l ay , p u r su a n t to R C W
74.39A.080, RCW 70.128.160, chapter 18.51 RCW, or chapter 74.42 RCW, for providers found to have delivered care or
failed to deliver care resulting in problems that are serious,
recurring, or uncorrected, or that create a hazard that is causing or likely to cause death or serious harm to one or more
residents. These enforcement remedies may also include,
when appropriate, reasonable conditions on a contract or
license. In the selection of remedies, the safety, health, and
well-being of residents shall be of paramount importance.
(7) To the extent funding is available, all long-term care
staff directly responsible for the care, supervision, or treatment of vulnerable persons should be screened through background checks in a uniform and timely manner to ensure that
they do not have a criminal history that would disqualify
them from working with vulnerable persons. Whenever a
state conviction record check is required by state law, persons
may be employed or engaged as volunteers or independent
contractors on a conditional basis according to law and rules
adopted by the department.
(8) No provider or staff, or prospective provider or staff,
with a stipulated finding of fact, conclusion of law, an agreed
order, or finding of fact, conclusion of law, or final order
issued by a disciplining authority, a court of law, or entered
into a state registry finding him or her guilty of abuse,
neglect, exploitation, or abandonment of a minor or a vulnerable adult as defined in chapter 74.34 RCW shall be
employed in the care of and have unsupervised access to vulnerable adults.
(9) The department shall establish, by rule, a state registry which contains identifying information about personal
care aides identified under this chapter who have substantiated findings of abuse, neglect, financial exploitation, or
abandonment of a vulnerable adult as defined in RCW
74.34.020. The rule must include disclosure, disposition of
findings, notification, findings of fact, appeal rights, and fair
hearing requirements. The department shall disclose, upon
request, substantiated findings of abuse, neglect, financial
exploitation, or abandonment to any person so requesting this
information.
(10) The department shall by rule develop training
requirements for individual providers and home care agency
providers. Effective March 1, 2002, individual providers and
home care agency providers must satisfactorily complete
department-approved orientation, basic training, and continuing education within the time period specified by the depart[Title 74 RCW—page 143]
74.39A.060
Title 74 RCW: Public Assistance
ment in rule. The department shall adopt rules by March 1,
2002, for the implementation of this section based on the recommendations of the community long-term care training and
education steering committee established in RCW
74.39A.190. The department shall deny payment to an individual provider or a home care provider who does not complete the training requirements within the time limit specified
by the department by rule.
(11) In an effort to improve access to training and education and reduce costs, especially for rural communities, the
coordinated system of long-term care training and education
must include the use of innovative types of learning strategies
such as internet resources, videotapes, and distance learning
using satellite technology coordinated through community
colleges or other entities, as defined by the department.
(12) The department shall create an approval system by
March 1, 2002, for those seeking to conduct departmentapproved training. In the rule-making process, the department shall adopt rules based on the recommendations of the
community long-term care training and education steering
committee established in RCW 74.39A.190.
(13) The department shall establish, by rule, training,
background checks, and other quality assurance requirements
for personal aides who provide in-home services funded by
medicaid personal care as described in RCW 74.09.520, community options program entry system waiver services as
described in RCW 74.39A.030, or chore services as
described in RCW 74.39A.110 that are equivalent to requirements for individual providers.
(14) Under existing funds the department shall establish
internally a quality improvement standards committee to
monitor the development of standards and to suggest modifications.
(15) Within existing funds, the department shall design,
develop, and implement a long-term care training program
that is flexible, relevant, and qualifies towards the requirements for a nursing assistant certificate as established under
chapter 18.88A RCW. This subsection does not require completion of the nursing assistant certificate training program by
providers or their staff. The long-term care teaching curriculum must consist of a fundamental module, or modules, and a
range of other available relevant training modules that provide the caregiver with appropriate options that assist in
meeting the resident's care needs. Some of the training modules may include, but are not limited to, specific training on
the special care needs of persons with developmental disabilities, dementia, mental illness, and the care needs of the elderly. No less than one training module must be dedicated to
workplace violence prevention. The nursing care quality
assurance commission shall work together with the department to develop the curriculum modules. The nursing care
quality assurance commission shall direct the nursing assistant training programs to accept some or all of the skills and
competencies from the curriculum modules towards meeting
the requirements for a nursing assistant certificate as defined
in chapter 18.88A RCW. A process may be developed to test
persons completing modules from a caregiver's class to verify
that they have the transferable skills and competencies for
entry into a nursing assistant training program. The department may review whether facilities can develop their own
related long-term care training programs. The department
[Title 74 RCW—page 144]
may develop a review process for determining what previous
experience and training may be used to waive some or all of
the mandatory training. The department of social and health
services and the nursing care quality assurance commission
shall work together to develop an implementation plan by
December 12, 1998. [2004 c 140 § 6; 2000 c 121 § 10; 1999
c 336 § 5; 1998 c 85 § 1; 1997 c 392 § 209; 1995 1st sp.s. c
18 § 12.]
Finding—Intent—1999 c 336: See note following RCW 74.39.007.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.39A.060
74.39A.060 Toll-free telephone number for complaints—Investigation and referral—Rules—Discrimination or retaliation prohibited. (1) The aging and adult services administration of the department shall establish and
maintain a toll-free telephone number for receiving complaints regarding a facility that the administration licenses or
with which it contracts for long-term care services.
(2) All facilities that are licensed by, or that contract with
the aging and adult services administration to provide chronic
long-term care services shall post in a place and manner
clearly visible to residents and visitors the department's tollfree complaint telephone number and the toll-free number
and program description of the long-term care ombudsman as
provided by RCW 43.190.050.
(3) The aging and adult services administration shall
investigate complaints if the subject of the complaint is
within its authority unless the department determines that:
(a) The complaint is intended to willfully harass a licensee or
employee of the licensee; or (b) there is no reasonable basis
for investigation; or (c) corrective action has been taken as
determined by the ombudsman or the department.
(4) The aging and adult services administration shall
refer complaints to appropriate state agencies, law enforcement agencies, the attorney general, the long-term care
ombudsman, or other entities if the department lacks authority to investigate or if its investigation reveals that a followup referral to one or more of these entities is appropriate.
(5) The department shall adopt rules that include the following complaint investigation protocols:
(a) Upon receipt of a complaint, the department shall
make a preliminary review of the complaint, assess the severity of the complaint, and assign an appropriate response time.
Complaints involving imminent danger to the health, safety,
or well-being of a resident must be responded to within two
days. When appropriate, the department shall make an on-site
investigation within a reasonable time after receipt of the
complaint or otherwise ensure that complaints are responded
to.
(b) The complainant must be: Promptly contacted by the
department, unless anonymous or unavailable despite several
attempts by the department, and informed of the right to discuss the alleged violations with the inspector and to provide
other information the complainant believes will assist the
inspector; informed of the department's course of action; and
informed of the right to receive a written copy of the investigation report.
(2004 Ed.)
Long-Term Care Services Options—Expansion
(c) In conducting the investigation, the department shall
interview the complainant, unless anonymous, and shall use
its best efforts to interview the vulnerable adult or adults
allegedly harmed, and, consistent with the protection of the
vulnerable adult shall interview facility staff, any available
independent sources of relevant information, including if
appropriate the family members of the vulnerable adult.
(d) Substantiated complaints involving harm to a resident, if an applicable law or rule has been violated, shall be
subject to one or more of the actions provided in RCW
74.39A.080 or 70.128.160. Whenever appropriate, the
department shall also give consultation and technical assistance to the provider.
(e) After a department finding of a violation for which a
stop placement has been imposed, the department shall make
an on-site revisit of the provider within fifteen working days
from the request for revisit, to ensure correction of the violation. For violations that are serious or recurring or uncorrected following a previous citation, and create actual or
threatened harm to one or more residents' well-being, including violations of residents' rights, the department shall make
an on-site revisit as soon as appropriate to ensure correction
of the violation. Verification of correction of all other violations may be made by either a department on-site revisit or by
written or photographic documentation found by the department to be credible. This subsection does not prevent the
department from enforcing license or contract suspensions or
revocations. Nothing in this subsection shall interfere with or
diminish the department's authority and duty to ensure that
the provider adequately cares for residents, including to make
departmental on-site revisits as needed to ensure that the provider protects residents and to enforce compliance with this
chapter.
(f) Substantiated complaints of neglect, abuse, exploitation, or abandonment of residents, or suspected criminal violations, shall also be referred by the department to the appropriate law enforcement agencies, the attorney general, and
appropriate professional disciplining authority.
(6) The department may provide the substance of the
complaint to the licensee or contractor before the completion
of the investigation by the department unless such disclosure
would reveal the identity of a complainant, witness, or resident who chooses to remain anonymous. Neither the substance of the complaint provided to the licensee or contractor
nor any copy of the complaint or related report published,
released, or made otherwise available shall disclose, or reasonably lead to the disclosure of, the name, title, or identity of
any complainant, or other person mentioned in the complaint,
except that the name of the provider and the name or names
of any officer, employee, or agent of the department conducting the investigation shall be disclosed after the investigation
has been closed and the complaint has been substantiated.
The department may disclose the identity of the complainant
if such disclosure is requested in writing by the complainant.
Nothing in this subsection shall be construed to interfere with
the obligation of the long-term care ombudsman program or
department staff to monitor the department's licensing, contract, and complaint investigation files for long-term care
facilities.
(7) The resident has the right to be free of interference,
coercion, discrimination, and reprisal from a facility in exer(2004 Ed.)
74.39A.070
cising his or her rights, including the right to voice grievances
about treatment furnished or not furnished. A facility that
provides long-term care services shall not discriminate or
retaliate in any manner against a resident, employee, or any
other person on the basis or for the reason that such resident
or any other person made a complaint to the department, the
attorney general, law enforcement agencies, or the long-term
care ombudsman, provided information, or otherwise cooperated with the investigation of such a complaint. Any attempt
to discharge a resident against the resident's wishes, or any
type of retaliatory treatment of a resident by whom or upon
whose behalf a complaint substantiated by the department
has been made to the department, the attorney general, law
enforcement agencies, or the long-term care ombudsman,
within one year of the filing of the complaint, raises a rebuttable presumption that such action was in retaliation for the
filing of the complaint. "Retaliatory treatment" means, but is
not limited to, monitoring a resident's phone, mail, or visits;
involuntary seclusion or isolation; transferring a resident to a
different room unless requested or based upon legitimate
management reasons; withholding or threatening to withhold
food or treatment unless authorized by a terminally ill resident or his or her representative pursuant to law; or persistently delaying responses to a resident's request for service or
assistance. A facility that provides long-term care services
shall not willfully interfere with the performance of official
duties by a long-term care ombudsman. The department shall
sanction and may impose a civil penalty of not more than
three thousand dollars for a violation of this subsection.
[2001 c 193 § 1; 1999 c 176 § 34; 1997 c 392 § 210; 1995 1st
sp.s. c 18 § 13.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.39A.070
74.39A.070 Rules for qualifications and training
requirements—Requirement that contractors comply
with federal and state regulations. (1) The department
shall, by rule, establish reasonable minimum qualifications
and training requirements to assure that assisted living service, enhanced adult residential care service, and adult residential care providers with whom the department contracts
are capable of providing services consistent with this chapter.
The rules shall apply only to residential capacity for which
the state contracts.
(2) The department shall not contract for assisted living,
enhanced adult residential care, or adult residential care services with a provider if the department finds that the provider
or any partner, officer, director, managerial employee, or
owner of five percent or more of the provider has a history of
significant noncompliance with federal or state regulations,
rules, or laws in providing care or services to vulnerable
adults or to children. [1995 1st sp.s. c 18 § 16.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
[Title 74 RCW—page 145]
74.39A.080
74.39A.080
Title 74 RCW: Public Assistance
74.39A.080 Department authority to take actions in
response to noncompliance or violations. (1) The department is authorized to take one or more of the actions listed in
subsection (2) of this section in any case in which the department finds that a provider of assisted living services, adult
residential care services, or enhanced adult residential care
services has:
(a) Failed or refused to comply with the requirements of
this chapter or the rules adopted under this chapter;
(b) Operated without a license or under a revoked
license;
(c) Knowingly, or with reason to know, made a false
statement of material fact on his or her application for license
or any data attached thereto, or in any matter under investigation by the department; or
(d) Willfully prevented or interfered with any inspection
or investigation by the department.
(2) When authorized by subsection (1) of this section, the
department may take one or more of the following actions:
(a) Refuse to issue a contract;
(b) Impose reasonable conditions on a contract, such as
correction within a specified time, training, and limits on the
type of clients the provider may admit or serve;
(c) Impose civil penalties of not more than one hundred
dollars per day per violation;
(d) Suspend, revoke, or refuse to renew a contract; or
(e) Suspend admissions to the facility by imposing stop
placement on contracted services.
(3) When the department orders stop placement, the
facility shall not admit any person admitted by contract until
the stop placement order is terminated. The department may
approve readmission of a resident to the facility from a hospital or nursing home during the stop placement. The department shall terminate the stop placement when: (a) The violations necessitating the stop placement have been corrected;
and (b) the provider exhibits the capacity to maintain correction of the violations previously found deficient. However, if
upon the revisit the department finds new violations that the
department reasonably believes will result in a new stop
placement, the previous stop placement shall remain in effect
until the new stop placement is imposed.
After a department finding of a violation for which a stop
placement has been imposed, the department shall make an
on-site revisit of the provider within fifteen working days
from the request for revisit, to ensure correction of the violation. For violations that are serious or recurring or uncorrected following a previous citation, and create actual or
threatened harm to one or more residents' well-being, including violations of residents' rights, the department shall make
an on-site revisit as soon as appropriate to ensure correction
of the violation. Verification of correction of all other violations may be made by either a department on-site revisit or by
written or photographic documentation found by the department to be credible. This subsection does not prevent the
department from enforcing license suspensions or revocations. Nothing in this subsection shall interfere with or diminish the department's authority and duty to ensure that the provider adequately cares for residents, including to make
departmental on-site revisits as needed to ensure that the provider protects residents, and to enforce compliance with this
chapter.
[Title 74 RCW—page 146]
(4) Chapter 34.05 RCW applies to department actions
under this section, except that orders of the department
imposing contracts suspension, stop placement, or conditions
for continuation of a contract are effective immediately upon
notice and shall continue pending any hearing. [2001 c 193 §
3; 1996 c 193 § 1; 1995 1st sp.s. c 18 § 17.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.39A.090
74.39A.090 Discharge planning—Contracts for case
management services and reassessment and reauthorization—Assessment of case management roles and quality
of in-home care services—Plan of care model language.
(1) The legislature intends that any staff reassigned by the
department as a result of shifting of the reauthorization
responsibilities by contract outlined in this section shall be
dedicated for discharge planning and assisting with discharge
planning and information on existing discharge planning
cases. Discharge planning, as directed in this section, is
intended for residents and patients identified for discharge to
long-term care pursuant to RCW 70.41.320, 74.39A.040, and
74.42.058. The purpose of discharge planning is to protect
residents and patients from the financial incentives inherent
in keeping residents or patients in a more expensive higher
level of care and shall focus on care options that are in the
best interest of the patient or resident.
(2) The department shall contract with area agencies on
aging:
(a) To provide case management services to consumers
receiving home and community services in their own home;
and
(b) To reassess and reauthorize home and community
services in home or in other settings for consumers consistent
with the intent of this section:
(i) Who have been initially authorized by the department
to receive home and community services; and
(ii) Who, at the time of reassessment and reauthorization,
are receiving home and community services in their own
home.
(3) In the event that an area agency on aging is unwilling
to enter into or satisfactorily fulfill a contract or an individual
consumer's need for case management services will be met
through an alternative delivery system, the department is
authorized to:
(a) Obtain the services through competitive bid; and
(b) Provide the services directly until a qualified contractor can be found.
(4) The department shall include, in its oversight and
monitoring of area agency on aging performance, assessment
of case management roles undertaken by area agencies on
aging in this section. The scope of oversight and monitoring
includes, but is not limited to, assessing the degree and quality of the case management performed by area agency on
aging staff for elderly and disabled persons in the community.
(5) Area agencies on aging shall assess the quality of the
in-home care services provided to consumers who are receiving services under the medicaid personal care, community
options programs entry system or chore services program
through an individual provider or home care agency. Quality
indicators may include, but are not limited to, home care con(2004 Ed.)
Long-Term Care Services Options—Expansion
sumers satisfaction surveys, how quickly home care consumers are linked with home care workers, and whether the plan
of care under RCW 74.39A.095 has been honored by the
agency or the individual provider.
(6) The department shall develop model language for the
plan of care established in RCW 74.39A.095. The plan of
care shall be in clear language, and written at a reading level
that will ensure the ability of consumers to understand the
rights and responsibilities expressed in the plan of care.
[2004 c 141 § 3; 1999 c 175 § 2; 1995 1st sp.s. c 18 § 38.]
Findings—1999 c 175: "(1) The legislature finds that the quality of
long-term care services provided to, and protection of, Washington's lowincome elderly and disabled residents is of great importance to the state. The
legislature further finds that revised in-home care policies are needed to
more effectively address concerns about the quality of these services.
(2) The legislature finds that consumers of in-home care services frequently are in contact with multiple health and long-term care providers in
the public and private sector. The legislature further finds that better coordination between these health and long-term care providers, and case managers, can increase the consumer's understanding of their plan of care, maximize the health benefits of coordinated care, and facilitate cost efficiencies
across health and long-term care systems." [1999 c 175 § 1.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.39A.095
74.39A.095 Case management services—Agency on
aging oversight—Plan of care—Termination of contract—Rejection of individual provider. (1) In carrying
out case management responsibilities established under
RCW 74.39A.090 for consumers who are receiving services
under the medicaid personal care, community options programs entry system or chore services program through an
individual provider, each area agency on aging shall provide
oversight of the care being provided to consumers receiving
services under this section to the extent of available funding.
Case management responsibilities incorporate this oversight,
and include, but are not limited to:
(a) Verification that any individual provider who has not
been referred to a consumer by the authority established
under chapter 3, Laws of 2002 has met any training requirements established by the department;
(b) Verification of a sample of worker time sheets;
(c) Monitoring the consumer's plan of care to verify that
it adequately meets the needs of the consumer, through activities such as home visits, telephone contacts, and responses to
information received by the area agency on aging indicating
that a consumer may be experiencing problems relating to his
or her home care;
(d) Reassessment and reauthorization of services;
(e) Monitoring of individual provider performance. If, in
the course of its case management activities, the area agency
on aging identifies concerns regarding the care being provided by an individual provider who was referred by the
authority, the area agency on aging must notify the authority
regarding its concerns; and
(f) Conducting criminal background checks or verifying
that criminal background checks have been conducted for
any individual provider who has not been referred to a consumer by the authority.
(2) The area agency on aging case manager shall work
with each consumer to develop a plan of care under this section that identifies and ensures coordination of health and
long-term care services that meet the consumer's needs. In
(2004 Ed.)
74.39A.095
developing the plan, they shall utilize, and modify as needed,
any comprehensive community service plan developed by the
department as provided in RCW 74.39A.040. The plan of
care shall include, at a minimum:
(a) The name and telephone number of the consumer's
area agency on aging case manager, and a statement as to
how the case manager can be contacted about any concerns
related to the consumer's well-being or the adequacy of care
provided;
(b) The name and telephone numbers of the consumer's
primary health care provider, and other health or long-term
care providers with whom the consumer has frequent contacts;
(c) A clear description of the roles and responsibilities of
the area agency on aging case manager and the consumer
receiving services under this section;
(d) The duties and tasks to be performed by the area
agency on aging case manager and the consumer receiving
services under this section;
(e) The type of in-home services authorized, and the
number of hours of services to be provided;
(f) The terms of compensation of the individual provider;
(g) A statement by the individual provider that he or she
has the ability and willingness to carry out his or her responsibilities relative to the plan of care; and
(h)(i) Except as provided in (h)(ii) of this subsection, a
clear statement indicating that a consumer receiving services
under this section has the right to waive any of the case management services offered by the area agency on aging under
this section, and a clear indication of whether the consumer
has, in fact, waived any of these services.
(ii) The consumer's right to waive case management services does not include the right to waive reassessment or
reauthorization of services, or verification that services are
being provided in accordance with the plan of care.
(3) Each area agency on aging shall retain a record of
each waiver of services included in a plan of care under this
section.
(4) Each consumer has the right to direct and participate
in the development of their plan of care to the maximum
practicable extent of their abilities and desires, and to be provided with the time and support necessary to facilitate that
participation.
(5) A copy of the plan of care must be distributed to the
consumer's primary care provider, individual provider, and
other relevant providers with whom the consumer has frequent contact, as authorized by the consumer.
(6) The consumer's plan of care shall be an attachment to
the contract between the department, or their designee, and
the individual provider.
(7) If the department or area agency on aging case manager finds that an individual provider's inadequate performance or inability to deliver quality care is jeopardizing the
health, safety, or well-being of a consumer receiving service
under this section, the department or the area agency on aging
may take action to terminate the contract between the department and the individual provider. If the department or the
area agency on aging has a reasonable, good faith belief that
the health, safety, or well-being of a consumer is in imminent
jeopardy, the department or area agency on aging may summarily suspend the contract pending a fair hearing. The con[Title 74 RCW—page 147]
74.39A.100
Title 74 RCW: Public Assistance
sumer may request a fair hearing to contest the planned action
of the case manager, as provided in chapter 34.05 RCW.
When the department or area agency on aging terminates or
summarily suspends a contract under this subsection, it must
provide oral and written notice of the action taken to the
authority. The department may by rule adopt guidelines for
implementing this subsection.
(8) The department or area agency on aging may reject a
request by a consumer receiving services under this section to
have a family member or other person serve as his or her individual provider if the case manager has a reasonable, good
faith belief that the family member or other person will be
unable to appropriately meet the care needs of the consumer.
The consumer may request a fair hearing to contest the decision of the case manager, as provided in chapter 34.05 RCW.
The department may by rule adopt guidelines for implementing this subsection. [2004 c 141 § 1; 2002 c 3 § 11 (Initiative
Measure No. 775, approved November 6, 2001); 2000 c 87 §
5; 1999 c 175 § 3.]
Findings—Captions not law—Severability—2002 c 3 (Initiative
Measure No. 775): See RCW 74.39A.220 and notes following.
Findings—1999 c 175: See note following RCW 74.39A.090.
74.39A.100 Chore services—Legislative finding,
intent. The legislature finds that it is desirable to provide a
coordinated and comprehensive program of in-home services
for certain citizens in order that such persons may remain in
their own homes, obtain employment if possible, and maintain a closer contact with the community. Such a program
will seek to prevent mental and psychological deterioration
which our citizens might otherwise experience. The legislature intends that the services will be provided in a fashion
which promotes independent living. [1980 c 137 § 1; 1973
1st ex.s. c 51 § 1. Formerly RCW 74.08.530.]
74.39A.100
74.39A.110 Chore services—Legislative policy and
intent regarding available funds—Levels of service. It is
the intent of the legislature that chore services be provided to
eligible persons within the limits of funds appropriated for
that purpose. Therefore, the department shall provide services only to those persons identified as at risk of being
placed in a long-term care facility in the absence of such services. The department shall not provide chore services to any
individual who is eligible for, and whose needs can be met by
another community service administered by the department.
Chore services shall be provided to the extent necessary to
maintain a safe and healthful living environment. It is the policy of the state to encourage the development of volunteer
chore services in local communities as a means of meeting
chore care service needs and directing financial resources. In
determining eligibility for chore services, the department
shall consider the following:
(1) The kind of services needed;
(2) The degree of service need, and the extent to which
an individual is dependent upon such services to remain in his
or her home or return to his or her home;
(3) The availability of personal or community resources
which may be utilized to meet the individual's need; and
(4) Such other factors as the department considers necessary to insure service is provided only to those persons whose
chore service needs cannot be met by relatives, friends, non74.39A.110
[Title 74 RCW—page 148]
profit organizations, other persons, or by other programs or
resources.
In determining the level of services to be provided under
this chapter, the client shall be assessed using an instrument
designed by the department to determine the level of functional disability, the need for service and the person's risk of
long-term care facility placement. [1995 1st sp.s. c 18 § 36;
1989 c 427 § 5; 1981 1st ex.s. c 6 § 16. Formerly RCW
74.08.545.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Severability—1989 c 427: See RCW 74.39.900.
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
74.39A.120
74.39A.120 Chore services—Expenditure limitation—Priorities—Rule on patient resource limit. (1) The
department shall establish a monthly dollar lid for each
region on chore services expenditures within the legislative
appropriation. Priority for services shall be given to the following situations:
(a) People who were receiving chore personal care services as of June 30, 1995;
(b) People for whom chore personal care services are
necessary to return to the community from a nursing home;
(c) People for whom chore personal care services are
necessary to prevent unnecessary nursing home placement;
and
(d) People for whom chore personal care services are
necessary as a protective measure based on referrals resulting
from an adult protective services investigation.
(2) The department shall require a client to participate in
the cost of chore services as a necessary precondition to
receiving chore services paid for by the state. The client shall
retain an amount equal to one hundred percent of the federal
poverty level, adjusted for household size, for maintenance
needs. The department shall consider the remaining income
as the client participation amount for chore services except
for those persons whose participation is established under
*RCW 74.08.570.
(3) The department shall establish, by rule, the maximum
amount of resources a person may retain and be eligible for
chore services. [1995 1st sp.s. c 18 § 37.]
*Reviser's note: RCW 74.08.570 was recodified as RCW 74.39A.150
pursuant to 1995 1st sp.s. c 18 § 34.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.39A.130
74.39A.130 Chore services—Department to develop
program. (1) The department is authorized to develop a program to provide for chore services under this chapter.
(2) The department may provide assistance in the recruiting of providers of the services enumerated in RCW
74.39A.120 and seek to assure the timely provision of services in emergency situations.
(3) The department shall assure that all providers of the
chore services under this chapter are compensated for the
delivery of the services on a prompt and regular basis. [1995
1st sp.s. c 18 § 40; 1989 c 427 § 6; 1983 c 3 § 189; 1980 c 137
§ 2; 1973 1st ex.s. c 51 § 3. Formerly RCW 74.08.550.]
(2004 Ed.)
Long-Term Care Services Options—Expansion
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Severability—1989 c 427: See RCW 74.39.900.
74.39A.140
74.39A.140 Chore services—Employment of public
assistance recipients. In developing the program set forth in
*RCW 74.08.550, the department shall, to the extent possible, and consistent with federal law, enlist the services of persons receiving grants under the provisions of chapter 74.08
RCW and chapter 74.12 RCW to carry out the services enumerated under **RCW 74.08.541. To this end, the department shall establish appropriate rules and regulations
designed to determine eligibility for employment under this
section, as well as regulations designed to notify persons
receiving such grants of eligibility for such employment. The
department shall further establish a system of compensation
to persons employed under the provisions of this section
which provides that any grants they receive under chapter
74.08 RCW or chapter 74.12 RCW shall be diminished by
such percentage of the compensation received under this section as the department shall establish by rules and regulations. [1983 c 3 § 190; 1973 1st ex.s. c 51 § 4. Formerly
RCW 74.08.560.]
Reviser's note: *(1) RCW 74.08.550 was recodified as RCW
74.39A.130 pursuant to 1995 1st sp.s. c 18 § 34, effective July 1, 1995.
**(2) RCW 74.08.541 was repealed by 1995 1st sp.s. c 18 § 35, effective July 1, 1995.
74.39A.150
74.39A.150 Chore services for disabled persons—
Eligibility. (1) An otherwise eligible disabled person shall
not be deemed ineligible for chore services under this chapter
if the person's gross income from employment, adjusted
downward by the cost of the chore services to be provided
and the disabled person's work expenses, does not exceed the
maximum eligibility standard established by the department
for such chore services. The department shall establish a
methodology for client participation that allows such disabled persons to be employed.
(2) If a disabled person arranges for chore services
through an individual provider arrangement, the client's contribution shall be counted as first dollar toward the total
amount owed to the provider for chore services rendered.
(3) As used in this section:
(a) "Gross income" means total earned wages, commissions, salary, and any bonus;
(b) "Work expenses" includes:
(i) Payroll deductions required by law or as a condition
of employment, in amounts actually withheld;
(ii) The necessary cost of transportation to and from the
place of employment by the most economical means, except
rental cars; and
(iii) Expenses of employment necessary for continued
employment, such as tools, materials, union dues, transportation to service customers if not furnished by the employer,
and uniforms and clothing needed on the job and not suitable
for wear away from the job;
(c) "Employment" means any work activity for which a
recipient receives monetary compensation;
(d) "Disabled" means:
(2004 Ed.)
74.39A.170
(i) Permanently and totally disabled as defined by the
department and as such definition is approved by the federal
social security administration for federal matching funds;
(ii) Eighteen years of age or older;
(iii) A resident of the state of Washington; and
(iv) Willing to submit to such examinations as are
deemed necessary by the department to establish the extent
and nature of the disability. [1995 1st sp.s. c 18 § 41; 1989 c
427 § 7; 1980 c 137 § 3. Formerly RCW 74.08.570.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Severability—1989 c 427: See RCW 74.39.900.
74.39A.160
74.39A.160 Transfer of assets—Penalties. (1) A person who receives an asset from an applicant for or recipient
of long-term care services for less than fair market value shall
be subject to a civil fine payable to the department if:
(a) The applicant for or recipient of long-term care services transferred the asset for the purpose of qualifying for
state or federal coverage for long-term care services and the
person who received the asset was aware, or should have
been aware, of this purpose;
(b) Such transfer establishes a period of ineligibility for
such service under state or federal laws or regulations; and
(c) The department provides coverage for such services
during the period of ineligibility because the failure to provide such coverage would result in an undue hardship for the
applicant or recipient.
(2) The civil fine imposed under this section shall be
imposed in a judicial proceeding initiated by the department
and shall equal (a) up to one hundred fifty percent of the
amount the department expends for the care of the applicant
or recipient during the period of ineligibility attributable to
the amount transferred to the person subject to the civil fine
plus (b) the department's court costs and legal fees.
(3) Transfers subject to a civil fine under this section
shall be considered null and void and a fraudulent conveyance as to the department. The department shall have the
right to petition a court to set aside such transfers and require
all assets transferred returned to the applicant or recipient.
[1995 1st sp.s. c 18 § 55.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.39A.170 Recovery of payments—Transfer of
assets rules for eligibility—Disclosure of estate recovery
costs, terms, and conditions. (1) All payments made in
state-funded long-term care shall be recoverable as if they
were medical assistance payments subject to recovery under
42 U.S.C. Sec. 1396p and chapter 43.20B RCW, but without
regard to the recipient's age.
(2) In determining eligibility for state-funded long-term
care services programs, the department shall impose the same
rules with respect to the transfer of assets for less than fair
market value as are imposed under 42 U.S.C. 1396p with
respect to nursing home and home and community services.
(3) It is the responsibility of the department to fully disclose in advance verbally and in writing, in easy to understand language, the terms and conditions of estate recovery to
all persons offered long-term care services subject to recovery of payments.
74.39A.170
[Title 74 RCW—page 149]
74.39A.180
Title 74 RCW: Public Assistance
(4) In disclosing estate recovery costs to potential clients, and to family members at the consent of the client, the
department shall provide a written description of the community service options.
(5) The department of social and health services shall
develop an implementation plan for notifying the client or his
or her legal representative at least quarterly of the types of
services used and the cost of those services (debt) that will be
charged against the estate. The estate planning implementation plan shall be submitted by December 12, 1999, to the
appropriate standing committees of the house of representatives and the senate, and to the joint legislative and executive
task force on long-term care. [1999 c 354 § 1; 1995 1st sp.s.
c 18 § 56.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Recovery for state-funded long-term care—Legislative intent: RCW
43.20B.090.
74.39A.180
74.39A.180 Authority to pay for probate actions and
collection of bad debts. Notwithstanding any other provision of law:
(1) In order to facilitate and ensure compliance with the
federal social security act, Title XIX, as now existing or hereafter amended, later enactment to be adopted by reference by
the director by rule, and other state laws mandating recovery
of assets from estates of persons receiving long-term care services, the secretary of the department, with the approval of
the office of the attorney general, may pay the reasonable and
proper fees of attorneys admitted to practice before courts of
this state, and associated professionals such as guardians,
who are engaged in probate practice for the purpose of maintaining actions under Title 11 RCW, to the end that assets are
not wasted, but are rather collected and preserved, and used
for the care of the client or the reimbursement of the department pursuant to this chapter or chapter 43.20B RCW.
(2) The department may hire such other agencies and
professionals on a contingency basis or otherwise as are necessary and cost-effective to collect bad debts owed to the
department for long-term care services. [1995 1st sp.s. c 18 §
57.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.39A.190
74.39A.190 Community long-term care training and
education steering committee. (1) The secretary shall
appoint a steering committee for community long-term care
training and education to advise the department on the development of criteria for training materials, the development of
competency tests, the development of criteria for trainers,
and the development of exemptions from training. The community long-term care training and education steering committee shall also review the effectiveness of the training program or programs, including the qualifications and availability of the trainers. The steering committee shall advise the
department on flexible and innovative learning strategies that
accomplish the training goals, such as competency and outcome-based models and distance learning. The steering committee shall review and recommend the most appropriate
length of time between an employee's date of first hire and
the start of the employee's basic training.
[Title 74 RCW—page 150]
(2) The steering committee shall, at a minimum, consist
of a representative from each of the following: Each of the
statewide boarding home associations, two adult family
home associations, each of the statewide home care associations, the long-term care ombudsman program, the area agencies on aging, the department of health representing the nursing care quality assurance commission, and a consumer, or
their nonprovider designee, from a boarding home, adult
family home, home care served by an agency, and home care
served by an individual provider. A majority of the members
currently serving constitute a quorum.
(3) Nothing in this chapter shall prevent the adult family
home advisory committee from enhancing training requirements for adult family providers and resident managers, regulated under *chapter 18.48 RCW, at the cost of those providers and resident managers.
(4) Establishment of the steering committee does not
prohibit the department from utilizing other advisory activities that the department deems necessary for program development. However, when the department obtains input from
other advisory sources, the department shall present the information to the steering committee for their review.
(5) Each member of the steering committee shall serve
without compensation. Consumer representatives may be
reimbursed for travel expenses as authorized in RCW
43.03.060.
(6) The steering committee recommendations must
implement the intent of RCW 74.39A.050(14) to create training that includes skills and competencies that are transferable
to nursing assistant training.
(7) The steering committee shall cease to exist July 1,
2003. [2002 c 233 § 4; 2000 c 121 § 8.]
*Reviser's note: Chapter 18.48 RCW was repealed in its entirety by
2002 c 223 § 2.
Effective date—2002 c 233: See note following RCW 18.20.270.
74.39A.200 Training curricula, materials—In public
domain—Exceptions. All training curricula and material,
except competency testing material, developed by or for the
department and used in part or in whole for the purpose of
improving provider and caregiver knowledge and skill are in
the public domain unless otherwise protected by copyright
law and are subject to disclosure under chapter 42.17 RCW.
Any training curricula and material developed by a private
entity through a contract with the department are also considered part of the public domain and shall be shared subject to
copyright restrictions. Any proprietary curricula and material
developed by a private entity for the purposes of training staff
in facilities licensed under chapter 18.20 or 70.128 RCW or
individual providers and home care agency providers under
this chapter and approved for training by the department are
not part of the public domain. [2000 c 121 § 11.]
74.39A.200
74.39A.210 Disclosure of employee information—
Employer immunity—Rebuttable presumption. An
employer providing home and community services, including
facilities licensed under chapters 18.51, 18.20, and 70.128
RCW, an employer of a program authorized under RCW
71A.12.040(10), or an in-home services agency employer
licensed under chapter 70.127 RCW, who discloses information about a former or current employee to a prospective
74.39A.210
(2004 Ed.)
Long-Term Care Services Options—Expansion
home and community services employer, nursing home
employer, or are an in-home services agency employer, is
presumed to be acting in good faith and is immune from civil
and criminal liability for such disclosure or its consequences
if the disclosed information relates to: (1) The employee's
ability to perform his or her job; (2) the diligence, skill, or
reliability with which the employee carried out the duties of
his or her job; or (3) any illegal or wrongful act committed by
the employee when related to his or her ability to care for a
vulnerable adult. For purposes of this section, the presumption of good faith may only be rebutted upon a showing by
clear and convincing evidence that the information disclosed
by the employer was knowingly false or made with reckless
disregard for the truth of the information disclosed. Should
the employee successfully rebut the presumption of good
faith standard in a court of competent jurisdiction, and therefore be the prevailing party, the prevailing party shall be entitled to recover reasonable attorneys' fees against the
employer. Nothing in this section shall affect or limit any
other state, federal, or constitutional right otherwise available. [2001 c 319 § 13.]
74.39A.220
74.39A.220 Findings—2002 c 3 (Initiative Measure
No. 775). The people of the state of Washington find as follows:
(1) Thousands of Washington seniors and persons with
disabilities live independently in their own homes, which
they prefer and is less costly than institutional care such as
nursing homes.
(2) Many Washington seniors and persons with disabilities currently receive long-term in-home care services from
individual providers hired directly by them under the medicaid personal care, community options programs entry system,
or chore services program.
(3) Quality long-term in-home care services allow
Washington seniors, persons with disabilities, and their families the choice of allowing seniors and persons with disabilities to remain in their homes, rather than forcing them into
institutional care such as nursing homes. Long-term in-home
care services are also less costly, saving Washington taxpayers significant amounts through lower reimbursement rates.
(4) The quality of long-term in-home care services in
Washington would benefit from improved regulation, higher
standards, better accountability, and improved access to such
services. The quality of long-term in-home care services
would further be improved by a well-trained, stable individual provider work force earning reasonable wages and benefits.
(5) Washington seniors and persons with disabilities
would benefit from the establishment of an authority that has
the power and duty to regulate and improve the quality of
long-term in-home care services.
(6) The authority should ensure that the quality of longterm in-home care services provided by individual providers
is improved through better regulation, higher standards,
increased accountability, and the enhanced ability to obtain
services. The authority should also encourage stability in the
individual provider work force through collective bargaining
and by providing training opportunities. [2002 c 3 § 1 (Initiative Measure No. 775, approved November 6, 2001).]
(2004 Ed.)
74.39A.250
Captions not law—2002 c 3 (Initiative Measure No. 775): "Captions
used in this act are not any part of the law." [2002 c 3 § 16 (Initiative Measure No. 775, approved November 6, 2001).]
Severability—2002 c 3 (Initiative Measure No. 775): "If any provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [2002 c 3 § 17 (Initiative Measure
No. 775, approved November 6, 2001).]
74.39A.230
74.39A.230 Authority created. (1) The home care
quality authority is established to regulate and improve the
quality of long-term in-home care services by recruiting,
training, and stabilizing the work force of individual providers.
(2) The authority consists of a board of nine members
appointed by the governor. Five board members shall be current and/or former consumers of long-term in-home care services provided for functionally disabled persons, at least one
of whom shall be a person with a developmental disability;
one board member shall be a representative of the developmental disabilities planning council; one board member shall
be a representative of the governor's committee on disability
issues and employment; one board member shall be a representative of the state council on aging; and one board member
shall be a representative of the Washington state association
of area agencies on aging. Each board member serves a term
of three years. If a vacancy occurs, the governor will make an
appointment to become immediately effective for the unexpired term. Each board member is eligible for reappointment
and may serve no more than two consecutive terms. In making appointments, the governor will take into consideration
any nominations or recommendations made by the groups or
agencies represented. [2002 c 3 § 2 (Initiative Measure No.
775, approved November 6, 2001).]
Findings—Captions not law—Severability—2002 c 3 (Initiative
Measure No. 775): See RCW 74.39A.220 and notes following.
74.39A.240
74.39A.240 Definitions. The definitions in this section
apply throughout RCW 74.39A.030 and 74.39A.095 and
74.39A.220 through 74.39A.300, 41.56.026, 70.127.041, and
74.09.740 unless the context clearly requires otherwise.
(1) "Authority" means the home care quality authority.
(2) "Board" means the board created under RCW
74.39A.230.
(3) "Consumer" means a person to whom an individual
provider provides any such services.
(4) "Individual provider" means a person, including a
personal aide, who has contracted with the department to provide personal care or respite care services to functionally disabled persons under the medicaid personal care, community
options program entry system, chore services program, or
respite care program, or to provide respite care or residential
services and support to persons with developmental disabilities under chapter 71A.12 RCW, or to provide respite care as
defined in RCW 74.13.270. [2002 c 3 § 3 (Initiative Measure
No. 775, approved November 6, 2001).]
Findings—Captions not law—Severability—2002 c 3 (Initiative
Measure No. 775): See RCW 74.39A.220 and notes following.
74.39A.250
74.39A.250 Authority duties. (1) The authority must
carry out the following duties:
[Title 74 RCW—page 151]
74.39A.260
Title 74 RCW: Public Assistance
(a) Establish qualifications and reasonable standards for
accountability for and investigate the background of individual providers and prospective individual providers, except in
cases where, after the department has sought approval of any
appropriate amendments or waivers under RCW 74.09.740,
federal law or regulation requires that such qualifications and
standards for accountability be established by another entity
in order to preserve eligibility for federal funding. Qualifications established must include compliance with the minimum
requirements for training and satisfactory criminal background checks as provided in RCW 74.39A.050 and confirmation that the individual provider or prospective individual
provider is not currently listed on any long-term care abuse
and neglect registry used by the department at the time of the
investigation;
(b) Undertake recruiting activities to identify and recruit
individual providers and prospective individual providers;
(c) Provide training opportunities, either directly or
through contract, for individual providers, prospective individual providers, consumers, and prospective consumers;
(d) Provide assistance to consumers and prospective
consumers in finding individual providers and prospective
individual providers through the establishment of a referral
registry of individual providers and prospective individual
providers. Before placing an individual provider or prospective individual provider on the referral registry, the authority
shall determine that:
(i) The individual provider or prospective individual provider has met the minimum requirements for training set
forth in RCW 74.39A.050;
(ii) The individual provider or prospective individual
provider has satisfactorily undergone a criminal background
check conducted within the prior twelve months; and
(iii) The individual provider or prospective individual
provider is not listed on any long-term care abuse and neglect
registry used by the department;
(e) Remove from the referral registry any individual provider or prospective individual provider the authority determines not to meet the qualifications set forth in (d) of this
subsection or to have committed misfeasance or malfeasance
in the performance of his or her duties as an individual provider. The individual provider or prospective individual provider, or the consumer to which the individual provider is
providing services, may request a fair hearing to contest the
removal from the referral registry, as provided in chapter
34.05 RCW;
(f) Provide routine, emergency, and respite referrals of
individual providers and prospective individual providers to
consumers and prospective consumers who are authorized to
receive long-term in-home care services through an individual provider;
(g) Give preference in the recruiting, training, referral,
and employment of individual providers and prospective
individual providers to recipients of public assistance or other
low-income persons who would qualify for public assistance
in the absence of such employment; and
(h) Cooperate with the department, area agencies on
aging, and other federal, state, and local agencies to provide
the services described and set forth in this section. If, in the
course of carrying out its duties, the authority identifies concerns regarding the services being provided by an individual
[Title 74 RCW—page 152]
provider, the authority must notify the relevant area agency
or department case manager regarding such concerns.
(2) In determining how best to carry out its duties, the
authority must identify existing individual provider recruitment, training, and referral resources made available to consumers by other state and local public, private, and nonprofit
agencies. The authority may coordinate with the agencies to
provide a local presence for the authority and to provide consumers greater access to individual provider recruitment,
training, and referral resources in a cost-effective manner.
Using requests for proposals or similar processes, the authority may contract with the agencies to provide recruitment,
training, and referral services if the authority determines the
agencies can provide the services according to reasonable
standards of performance determined by the authority. The
authority must provide an opportunity for consumer participation in the determination of the standards. [2002 c 3 § 4
(Initiative Measure No. 775, approved November 6, 2001).]
Findings—Captions not law—Severability—2002 c 3 (Initiative
Measure No. 775): See RCW 74.39A.220 and notes following.
74.39A.260
74.39A.260 Department duties. The department must
perform criminal background checks for individual providers
and prospective individual providers and ensure that the
authority has ready access to any long-term care abuse and
neglect registry used by the department. [2002 c 3 § 5 (Initiative Measure No. 775, approved November 6, 2001).]
Findings—Captions not law—Severability—2002 c 3 (Initiative
Measure No. 775): See RCW 74.39A.220 and notes following.
74.39A.270
74.39A.270 Collective bargaining—Circumstances
in which individual providers are considered public
employees—Exceptions. (1) Solely for the purposes of collective bargaining and as expressly limited under subsections
(2) and (3) of this section, the governor is the public
employer, as defined in chapter 41.56 RCW, of individual
providers, who, solely for the purposes of collective bargaining, are public employees as defined in chapter 41.56 RCW.
To accommodate the role of the state as payor for the community-based services provided under this chapter and to
ensure coordination with state employee collective bargaining under chapter 41.80 RCW and the coordination necessary
to implement RCW 74.39A.300, the public employer shall be
represented for bargaining purposes by the governor or the
governor's designee appointed under chapter 41.80 RCW.
The governor or governor's designee shall periodically consult with the authority during the collective bargaining process to allow the authority to communicate issues relating to
the long-term in-home care services received by consumers.
(2) Chapter 41.56 RCW governs the collective bargaining relationship between the governor and individual providers, except as otherwise expressly provided in this chapter
and except as follows:
(a) The only unit appropriate for the purpose of collective bargaining under RCW 41.56.060 is a statewide unit of
all individual providers;
(b) The showing of interest required to request an election under RCW 41.56.060 is ten percent of the unit, and any
intervener seeking to appear on the ballot must make the
same showing of interest;
(2004 Ed.)
Long-Term Care Services Options—Expansion
(c) The mediation and interest arbitration provisions of
RCW 41.56.430 through 41.56.470 and 41.56.480 apply,
except that:
(i) With respect to commencement of negotiations
between the governor and the bargaining representative of
individual providers, negotiations shall be commenced by
May 1st of any year prior to the year in which an existing collective bargaining agreement expires;
(ii) With respect to factors to be taken into consideration
by an interest arbitration panel, the panel shall consider the
financial ability of the state to pay for the compensation and
fringe benefit provisions of a collective bargaining agreement; and
(iii) The decision of the arbitration panel is not binding
on the legislature and, if the legislature does not approve the
request for funds necessary to implement the compensation
and fringe benefit provisions of the arbitrated collective bargaining agreement, is not binding on the authority or the
state;
(d) Individual providers do not have the right to strike;
and
(e) Individual providers who are related to, or family
members of, consumers or prospective consumers are not, for
that reason, exempt from this chapter or chapter 41.56 RCW.
(3) Individual providers who are public employees
solely for the purposes of collective bargaining under subsection (1) of this section are not, for that reason, employees of
the state, its political subdivisions, or an area agency on aging
for any purpose. Chapter 41.56 RCW applies only to the
governance of the collective bargaining relationship between
the employer and individual providers as provided in subsections (1) and (2) of this section.
(4) Consumers and prospective consumers retain the
right to select, hire, supervise the work of, and terminate any
individual provider providing services to them. Consumers
may elect to receive long-term in-home care services from
individual providers who are not referred to them by the
authority.
(5) In implementing and administering this chapter, neither the authority nor any of its contractors may reduce or
increase the hours of service for any consumer below or
above the amount determined to be necessary under any
assessment prepared by the department or an area agency on
aging.
(6) Except as expressly limited in this section and RCW
74.39A.300, the wages, hours, and working conditions of
individual providers are determined solely through collective
bargaining as provided in this chapter. No agency or department of the state, other than the authority, may establish policies or rules governing the wages or hours of individual providers. However, this subsection does not modify:
(a) The department's authority to establish a plan of care
for each consumer and to determine the hours of care that
each consumer is eligible to receive;
(b) The department's authority to terminate its contracts
with individual providers who are not adequately meeting the
needs of a particular consumer, or to deny a contract under
RCW 74.39A.095(8);
(c) The consumer's right to assign hours to one or more
individual providers selected by the consumer within the
maximum hours determined by his or her plan of care;
(2004 Ed.)
74.39A.280
(d) The consumer's right to select, hire, terminate, supervise the work of, and determine the conditions of employment for each individual provider providing services to the
consumer under this chapter;
(e) The department's obligation to comply with the federal medicaid statute and regulations and the terms of any
community-based waiver granted by the federal department
of health and human services and to ensure federal financial
participation in the provision of the services; and
(f) The legislature's right to make programmatic modifications to the delivery of state services under this title,
including standards of eligibility of consumers and individual
providers participating in the programs under this title, and
the nature of services provided. The governor shall not enter
into, extend, or renew any agreement under this chapter that
does not expressly reserve the legislative rights described in
this subsection (6)(f).
(7)(a) The state, the department, the authority, the area
agencies on aging, or their contractors under this chapter may
not be held vicariously or jointly liable for the action or inaction of any individual provider or prospective individual provider, whether or not that individual provider or prospective
individual provider was included on the authority's referral
registry or referred to a consumer or prospective consumer.
The existence of a collective bargaining agreement, the
placement of an individual provider on the referral registry,
or the development or approval of a plan of care for a consumer who chooses to use the services of an individual provider and the provision of case management services to that
consumer, by the department or an area agency on aging,
does not constitute a special relationship with the consumer.
(b) The members of the board are immune from any liability resulting from implementation of this chapter.
(8) Nothing in this section affects the state's responsibility with respect to unemployment insurance for individual
providers. However, individual providers are not to be considered, as a result of the state assuming this responsibility,
employees of the state. [2004 c 3 § 1; 2002 c 3 § 6 (Initiative
Measure No. 775, approved November 6, 2001).]
Severability—2004 c 3: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2004 c 3 § 8.]
Effective date—2004 c 3: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 9, 2004]." [2004 c 3 § 9.]
Findings—Captions not law—Severability—2002 c 3 (Initiative
Measure No. 775): See RCW 74.39A.220 and notes following.
74.39A.280
74.39A.280 Powers. In carrying out its duties under
chapter 3, Laws of 2002, the authority may:
(1) Make and execute contracts and all other instruments
necessary or convenient for the performance of its duties or
exercise of its powers, including contracts with public and
private agencies, organizations, corporations, and individuals
to pay them for services rendered or furnished;
(2) Offer and provide recruitment, training, and referral
services to providers of long-term in-home care services
other than individual providers and prospective individual
providers, for a fee to be determined by the authority;
[Title 74 RCW—page 153]
74.39A.290
Title 74 RCW: Public Assistance
(3) Issue rules under the administrative procedure act,
chapter 34.05 RCW, as necessary for the purpose and policies of chapter 3, Laws of 2002;
(4) Establish offices, employ and discharge employees,
agents, and contractors as necessary, and prescribe their
duties and powers and fix their compensation, incur
expenses, and create such liabilities as are reasonable and
proper for the administration of chapter 3, Laws of 2002;
(5) Solicit and accept for use any grant of money, services, or property from the federal government, the state, or
any political subdivision or agency thereof, including federal
matching funds under Title XIX of the federal social security
act, and do all things necessary to cooperate with the federal
government, the state, or any political subdivision or agency
thereof in making an application for any grant;
(6) Coordinate its activities and cooperate with similar
agencies in other states;
(7) Establish technical advisory committees to assist the
board;
(8) Keep records and engage in research and the gathering of relevant statistics;
(9) Acquire, hold, or dispose of real or personal property
or any interest therein, and construct, lease, or otherwise provide facilities for the activities conducted under this chapter,
provided that the authority may not exercise any power of
eminent domain;
(10) Sue and be sued in its own name;
(11) Delegate to the appropriate persons the power to
execute contracts and other instruments on its behalf and delegate any of its powers and duties if consistent with the purposes of this chapter; and
(12) Do other acts necessary or convenient to execute the
powers expressly granted to it. [2002 c 3 § 7 (Initiative Measure No. 775, approved November 6, 2001).]
Findings—Captions not law—Severability—2002 c 3 (Initiative
Measure No. 775): See RCW 74.39A.220 and notes following.
74.39A.290
74.39A.290 Performance review. (1) The joint legislative audit and review committee will conduct a performance
review of the authority every two years and submit the review
to the legislature and the governor. The first review will be
submitted before December 1, 2006.
(2) The performance review will include an evaluation of
the health, welfare, and satisfaction with services provided of
the consumers receiving long-term in-home care services
from individual providers under chapter 3, Laws of 2002,
including the degree to which all required services have been
delivered, the degree to which consumers receiving services
from individual providers have ultimately required additional
or more intensive services, such as home health care, or have
been placed in other residential settings or nursing homes, the
promptness of response to consumer complaints, and any
other issue the committee deems relevant.
(3) The performance review will provide an explanation
of the full cost of individual provider services, including the
administrative costs of the authority, unemployment compensation, social security and medicare payroll taxes paid by the
department, and area agency on aging home care oversight
costs.
(4) The performance review will make recommendations
to the legislature and the governor for any amendments to
[Title 74 RCW—page 154]
chapter 3, Laws of 2002 that will further ensure the wellbeing of consumers and prospective consumers under chapter
3, Laws of 2002, and the most efficient means of delivering
required services. In addition, the first performance review
will include findings and recommendations regarding the
appropriateness of the authority's assumption of responsibility for verification of hours worked by individual providers,
payment of individual providers, and other duties. [2002 c 3
§ 8 (Initiative Measure No. 775, approved November 6,
2001).]
Findings—Captions not law—Severability—2002 c 3 (Initiative
Measure No. 775): See RCW 74.39A.220 and notes following.
74.39A.300
74.39A.300 Funding. (1) Upon meeting the requirements of subsection (2) of this section, the governor must
submit, as a part of the proposed biennial or supplemental
operating budget submitted to the legislature under RCW
43.88.030, a request for funds necessary to administer chapter 3, Laws of 2002 and to implement the compensation and
fringe benefits provisions of a collective bargaining agreement entered into under RCW 74.39A.270 or for legislation
necessary to implement such agreement.
(2) A request for funds necessary to implement the compensation and fringe benefits provisions of a collective bargaining agreement entered into under RCW 74.39A.270 shall
not be submitted by the governor to the legislature unless
such request:
(a) Has been submitted to the director of financial management by October 1st prior to the legislative session at
which the request is to be considered; and
(b) Has been certified by the director of financial management as being feasible financially for the state or reflects
the binding decision of an arbitration panel reached under
RCW 74.39A.270(2)(c).
(3) The legislature must approve or reject the submission
of the request for funds as a whole. If the legislature rejects
or fails to act on the submission, any such agreement will be
reopened solely for the purpose of renegotiating the funds
necessary to implement the agreement.
(4) When any increase in individual provider wages or
benefits is negotiated or agreed to, no increase in wages or
benefits negotiated or agreed to under this chapter will take
effect unless and until, before its implementation, the department has determined that the increase is consistent with federal law and federal financial participation in the provision of
services under Title XIX of the federal social security act.
(5) The governor shall periodically consult with the joint
committee on employment relations established by RCW
41.80.010 regarding appropriations necessary to implement
the compensation and fringe benefits provisions of any collective bargaining agreement and, upon completion of negotiations, advise the committee on the elements of the agreement and on any legislation necessary to implement such
agreement.
(6) After the expiration date of any collective bargaining
agreement entered into under RCW 74.39A.270, all of the
terms and conditions specified in any such agreement remain
in effect until the effective date of a subsequent agreement,
not to exceed one year from the expiration date stated in the
agreement, except as provided in RCW 74.39A.270(6)(f).
(2004 Ed.)
Respite Care Services
(7) If, after the compensation and benefit provisions of
an agreement are approved by the legislature, a significant
revenue shortfall occurs resulting in reduced appropriations,
as declared by proclamation of the governor or by resolution
of the legislature, both parties shall immediately enter into
collective bargaining for a mutually agreed upon modification of the agreement. [2004 c 3 § 2; 2002 c 3 § 9 (Initiative
Measure No. 775, approved November 6, 2001).]
Severability—Effective date—2004 c 3: See notes following RCW
74.39A.270.
Findings—Captions not law—Severability—2002 c 3 (Initiative
Measure No. 775): See RCW 74.39A.220 and notes following.
74.39A.900
74.39A.900 Section captions—1993 c 508. Section
captions as used in this act constitute no part of the law.
[1993 c 508 § 10.]
74.39A.901
74.39A.901 Conflict with federal requirements. If
any part of this chapter or a collective bargaining agreement
under this chapter is found by a court of competent jurisdiction to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the
state, the conflicting part of this chapter or the agreement is
inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does
not affect the operation of the remainder of this chapter or the
agreement in its application to the agencies concerned. The
rules under this chapter shall meet federal requirements that
are a necessary condition to the receipt of federal funds by the
state. [2004 c 3 § 5; 1993 c 508 § 11.]
Severability—Effective date—2004 c 3: See notes following RCW
74.39A.270.
74.39A.902
74.39A.902 Severability—1993 c 508. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 508 § 12.]
74.39A.903
74.39A.903 Effective date—1993 c 508. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 18, 1993]. [1993 c 508 § 13.]
Chapter 74.41
Chapter 74.41 RCW
RESPITE CARE SERVICES
74.41.030
74.41.010 Legislative findings. The legislature recognizes that:
(1) Most care provided for functionally disabled adults is
delivered by family members or friends who are not compensated for their services. Family involvement is a crucial element for avoiding or postponing institutionalization of the
disabled adult.
(2) Family or other caregivers who provide continuous
care in the home are frequently under substantial stress, physical, psychological, and financial. The stress, if unrelieved by
family or community support to the caregiver, may lead to
premature or unnecessary nursing home placement.
(3) Respite care and other community-based supportive
services for the caregiver and for the disabled adult could
relieve some of the stresses, maintain and strengthen the family structure, and postpone or prevent institutionalization.
(4) With family and friends providing the primary care
for the disabled adult, supplemented by community health
and social services, long-term care may be less costly than if
the individual were institutionalized. [1984 c 158 § 1.]
74.41.010
74.41.020
74.41.020 Intent. It is the intent of the legislature to
provide a comprehensive program of long-term care information and support, including in-home and out-of-home respite
care services, for family and other unpaid caregivers who
provide the daily services required when caring for adults
with functional disabilities. The family caregiver long-term
care information and support services shall:
(1) Provide information, relief, and support to family or
other unpaid caregivers of adults with functional disabilities;
(2) Encourage family and other nonpaid individuals to
provide care for adults with functional disabilities at home,
and thus offer a viable alternative to placement in a long-term
care facility;
(3) Ensure that respite care is made generally available
on a sliding-fee basis to eligible participants in the program
according to priorities established by the department;
(4) Be provided in the least restrictive setting available
consistent with the individually assessed needs of the adults
with functional disabilities;
(5) Include services appropriate to the needs of persons
caring for individuals with dementing illnesses; and
(6) Provide unpaid family and other unpaid caregivers
with services that enable them to make informed decisions
about current and future care plans, solve day-to-day caregiving problems, learn essential caregiving skills, and locate services that may strengthen their capacity to provide care.
[2000 c 207 § 2; 1987 c 409 § 1; 1984 c 158 § 2.]
Short title—2000 c 207: "This act shall be known and cited as the Fred
Mills act." [2000 c 207 § 1.]
Sections
74.41.030
74.41.010
74.41.020
74.41.030
74.41.040
74.41.050
74.41.060
74.41.070
74.41.080
74.41.090
(2004 Ed.)
Legislative findings.
Intent.
Definitions.
Administration—Rules—Program standards.
Family caregiver long-term care information and support services—Respite services, evaluation of need, caregiver abilities.
Respite care program—Criteria.
Family caregiver long-term care information and support services—Data.
Health care practitioners and facilities not impaired.
Entitlement not created.
74.41.030 Definitions. Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.
(1) "Family caregiver long-term care information and
support services" means providing long-term care information and support services to unpaid family and other unpaid
caregivers of adults with functional disabilities, including but
not limited to providing: (a) Information about available
public and private long-term care support services; (b) assistance in gaining access to an array of appropriate long-term
[Title 74 RCW—page 155]
74.41.040
Title 74 RCW: Public Assistance
care family caregiver services; (c) promotion and implementation of support groups; (d) caregiver training to assist the
nonpaid caregivers in making decisions and solving challenges relating to their caregiving roles; (e) respite care services; and (f) additional supportive long-term care services
that may include but not be limited to translating/interpreter
services, specialized transportation, coordination of health
care services, help purchasing needed supplies, durable
goods, or equipment, and other forms of information and support necessary to maintain the unpaid caregiving activity.
(2) "Respite care services" means relief care for families
or other caregivers of adults with functional disabilities, eligibility for which shall be determined by the department by
rule. The services provide temporary care or supervision of
adults with functional disabilities in substitution for the caregiver. The term includes adult day services.
(3) "Eligible participant for family caregiver long-term
care information and support services" means an adult who
needs substantially continuous care or supervision by reason
of his or her functional disability and may be at risk of placement into a long-term care facility.
(4) "Eligible participant for respite care services" means
an adult who needs substantially continuous care or supervision by reason of his or her functional disability and is also
assessed as requiring placement into a long-term care facility
in the absence of an unpaid family or other unpaid caregiver.
(5) "Unpaid caregiver" means a spouse, relative, or
friend who has primary responsibility for the care of an adult
with a functional disability and who does not receive financial compensation for the care. To be eligible for respite care
and for family caregiver support services, the caregiver is
considered the client.
(6) "Adult day services" means nonmedical services to
persons who live with their families, cannot be left unsupervised, and are at risk of being placed in a twenty-four-hour
care facility if their families do not receive some relief from
constant care.
(7) "Department" means the department of social and
health services. [2000 c 207 § 3; 1987 c 409 § 2; 1984 c 158
§ 3.]
Short title—2000 c 207: See note following RCW 74.41.020.
74.41.040
74.41.040 Administration—Rules—Program standards. The department shall administer this chapter and
shall establish such rules and standards as the department
deems necessary in carrying out this chapter. The department
shall not require the development of plans of care or discharge plans by nursing homes providing respite care service
under this chapter.
The department shall develop standards for the respite
program in conjunction with the selected area agencies on
aging. The program standards shall serve as the basis for
soliciting bids, entering into subcontracts, and developing
sliding fee scales to be used in determining the ability of eligible participants to participate in paying for respite care.
[1987 c 409 § 3; 1984 c 158 § 4.]
with area agencies on aging or other appropriate agencies to
conduct family caregiver long-term care information and
support services to the extent of available funding. The
responsibilities of the agencies shall include but not be limited to: (1) Administering a program of family caregiver
long-term care information and support services; and (2)
negotiating rates of payment, administering sliding-fee scales
to enable eligible participants to participate in paying for
respite care, and arranging for respite care information, training, and other support services. In evaluating the need for
respite services, consideration shall be given to the mental
and physical ability of the caregiver to perform necessary caregiver functions. [2000 c 207 § 4; 1989 c 427 § 8; 1987 c 409
§ 4; 1984 c 158 § 5.]
Short title—2000 c 207: See note following RCW 74.41.020.
Severability—1989 c 427: See RCW 74.39.900.
74.41.060 Respite care program—Criteria. The
department shall insure that the respite care program is
designed to meet the following criteria:
(1) Make maximum use of services which provide care
to the greatest number of eligible participants with the fewest
number of staff consistent with adequate care;
(2) Provide for use of one-on-one care when necessary;
(3) Provide for both day care and overnight care;
(4) Provide personal care to continue at the same level
which the caregiver ordinarily provides to the eligible participant; and
(5) Provide for the utilization of family home settings.
[1984 c 158 § 6.]
74.41.060
74.41.070 Family caregiver long-term care information and support services—Data. The area agencies on
aging administering family caregiver long-term care information and support services shall maintain data which indicates demand for family caregiver long-term care information and support services. [2000 c 207 § 5; 1998 c 245 § 151;
1987 c 409 § 5; 1984 c 158 § 7.]
74.41.070
Short title—2000 c 207: See note following RCW 74.41.020.
74.41.080 Health care practitioners and facilities not
impaired. Nothing in this chapter shall impair the practice of
any licensed health care practitioner or licensed health care
facility. [1984 c 158 § 8.]
74.41.080
74.41.090 Entitlement not created. Nothing in this
chapter creates or provides any individual with an entitlement
to services or benefits. It is the intent of the legislature that
services under this chapter shall be made available only to the
extent of the availability and level of appropriation made by
the legislature. [1987 c 409 § 6.]
74.41.090
Chapter 74.42
Chapter 74.42 RCW
NURSING HOMES—RESIDENT CARE,
OPERATING STANDARDS
Sections
74.41.050
74.41.050 Family caregiver long-term care information and support services—Respite services, evaluation of
need, caregiver abilities. The department shall contract
[Title 74 RCW—page 156]
74.42.010
74.42.020
74.42.030
Definitions.
Minimum standards.
Resident to receive statement of rights, rules, services, and
charges.
(2004 Ed.)
Nursing Homes—Resident Care, Operating Standards
74.42.040
74.42.050
74.42.055
74.42.056
74.42.057
74.42.058
74.42.060
74.42.070
74.42.080
74.42.090
74.42.100
74.42.110
74.42.120
74.42.130
74.42.140
74.42.150
74.42.160
74.42.170
74.42.180
74.42.190
74.42.200
74.42.210
74.42.220
74.42.225
74.42.230
74.42.240
74.42.250
74.42.260
74.42.270
74.42.280
74.42.285
74.42.290
74.42.300
74.42.310
74.42.320
74.42.330
74.42.340
74.42.350
74.42.360
74.42.370
74.42.380
74.42.390
74.42.400
74.42.410
74.42.420
74.42.430
74.42.440
74.42.450
74.42.460
74.42.470
74.42.480
74.42.490
74.42.500
74.42.510
74.42.520
74.42.530
74.42.540
74.42.550
74.42.560
74.42.570
74.42.580
74.42.600
74.42.620
74.42.630
74.42.900
74.42.910
74.42.920
Resident's rights regarding medical condition, care, and treatment.
Residents to be treated with consideration, respect—Complaints.
Discrimination against medicaid recipients prohibited.
Department assessment of medicaid eligible individuals—
Requirements.
Notification regarding resident likely to become medicaid eligible.
Department case management services.
Management of residents' financial affairs.
Privacy.
Confidentiality of records.
Work tasks by residents.
Personal mail.
Freedom of association—Limits.
Personal possessions.
Individual financial records.
Prescribed plan of care—Treatment, medication, diet services.
Plan of care—Goals—Program—Responsibilities—Review.
Nursing care.
Rehabilitative services.
Social services.
Activities program—Recreation areas, equipment.
Supervision of health care by physician—When required.
Pharmacist services.
Contracts for professional services from outside the agency.
Self-medication programs for residents—Educational program—Implementation.
Physician or authorized practitioner to prescribe medication.
Administering medication.
Medication stop orders—Procedure for developmentally disabled.
Drug storage, security, inventory.
Drug disposal.
Adverse drug reaction.
Immunizations—Rules.
Meal intervals—Food handling—Utensils—Disposal.
Nutritionist—Menus, special diets.
Staff duties at meals.
Sanitary procedures for food preparation.
Food storage.
Administrative support—Purchasing—Inventory control.
Organization chart.
Adequate staff.
Licensed administrator.
Director of nursing services.
Communication system.
Engineering and maintenance personnel.
Laundry services.
Resident record system.
Written policy guidelines.
Facility rated capacity not to be exceeded.
Residents limited to those the facility qualified to care for—
Transfer or discharge of residents—Appeal of department
discharge decision—Reasonable accommodation.
Organization plan and procedures.
Infected employees.
Living areas.
Room requirements—Waiver.
Toilet and bathing facilities.
Room for dining, recreation, social activities—Waiver.
Therapy area.
Isolation areas.
Building requirements.
Handrails.
Emergency lighting for facilities housing developmentally disabled persons.
Health and safety requirements.
Penalties for violation of standards.
Department inspections—Notice of noncompliance—Penalties—Coordination with department of health.
Departmental rules.
Conflict with federal requirements.
Severability—1979 ex.s. c 211.
Construction—Conflict with federal requirements.
Chapter 74.42 RCW suspended—Effective date delayed until
January 1, 1981.
Effective date—Chapter 74.42 RCW: See RCW 74.42.920.
(2004 Ed.)
74.42.020
74.42.010
74.42.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of social and
health services and the department's employees.
(2) "Facility" refers to a nursing home as defined in
RCW 18.51.010.
(3) "Licensed practical nurse" means a person licensed to
practice practical nursing under chapter 18.79 RCW.
(4) "Medicaid" means Title XIX of the Social Security
Act enacted by the social security amendments of 1965 (42
U.S.C. Sec. 1396; 79 Stat. 343), as amended.
(5) "Nursing care" means that care provided by a registered nurse, an advanced registered nurse practitioner, a
licensed practical nurse, or a nursing assistant in the regular
performance of their duties.
(6) "Qualified therapist" means:
(a) An activities specialist who has specialized education, training, or experience specified by the department.
(b) An audiologist who is eligible for a certificate of clinical competence in audiology or who has the equivalent education and clinical experience.
(c) A mental health professional as defined in chapter
71.05 RCW.
(d) A mental retardation professional who is a qualified
therapist or a therapist approved by the department and has
specialized training or one year experience in treating or
working with the mentally retarded or developmentally disabled.
(e) An occupational therapist who is a graduate of a program in occupational therapy or who has equivalent education or training.
(f) A physical therapist as defined in chapter 18.74
RCW.
(g) A social worker who is a graduate of a school of
social work.
(h) A speech pathologist who is eligible for a certificate
of clinical competence in speech pathology or who has equivalent education and clinical experience.
(7) "Registered nurse" means a person licensed to practice registered nursing under chapter 18.79 RCW.
(8) "Resident" means an individual residing in a nursing
home, as defined in RCW 18.51.010.
(9) "Physician assistant" means a person practicing pursuant to chapters 18.57A and 18.71A RCW.
(10) "Nurse practitioner" means a person licensed to
practice advanced registered nursing under chapter 18.79
RCW. [1994 sp.s. c 9 § 750; 1993 c 508 § 4; 1979 ex.s. c 211
§ 1.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Section captions—Severability—Effective date—1993 c 508: See
RCW 74.39A.900 through 74.39A.903.
74.42.020
74.42.020 Minimum standards. The standards in
RCW 74.42.030 through 74.42.570 are the minimum standards for facilities licensed under chapter 18.51 RCW: PROVIDED, HOWEVER, That RCW 74.42.040, 74.42.140
through 74.42.280, 74.42.300, 74.42.360, 74.42.370,
74.42.380, 74.42.420 (2), (4), (5), (6) and (7), 74.42.430(3),
74.42.450 (2) and (3), 74.42.520, 74.42.530, 74.42.540,
[Title 74 RCW—page 157]
74.42.030
Title 74 RCW: Public Assistance
74.42.570, and 74.42.580 shall not apply to any nursing home
or institution conducted for those who rely upon treatment by
prayer or spiritual means in accordance with the creed or
tenets of any well-recognized church or religious denomination, or for any nursing home or institution operated for the
exclusive care of members of a convent as defined in RCW
84.36.800 or rectory, monastery, or other institution operated
for the care of members of the clergy. [1995 1st sp.s. c 18 §
68; 1982 c 120 § 1; 1980 c 184 § 6; 1979 ex.s. c 211 § 2.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.42.030
74.42.030 Resident to receive statement of rights,
rules, services, and charges. Each resident or guardian or
legal representative, if any, shall be fully informed and
receive in writing, in a language the resident or his or her representative understands, the following information:
(1) The resident's rights and responsibilities in the facility;
(2) Rules governing resident conduct;
(3) Services, items, and activities available in the facility; and
(4) Charges for services, items, and activities, including
those not included in the facility's basic daily rate or not paid
by medicaid.
The facility shall provide this information before admission, or at the time of admission in case of emergency, and as
changes occur during the resident's stay. The resident and his
or her representative must be informed in writing in advance
of changes in the availability or charges for services, items, or
activities, or of changes in the facility's rules. Except in
unusual circumstances, thirty days' advance notice must be
given prior to the change. The resident or legal guardian or
representative shall acknowledge in writing receipt of this
information.
The written information provided by the facility pursuant to this section, and the terms of any admission contract
executed between the facility and an individual seeking
admission to the facility, must be consistent with the requirements of this chapter and chapter 18.51 RCW and, for facilities certified under medicaid or medicare, with the applicable
federal requirements. [1997 c 392 § 212; 1979 ex.s. c 211 §
3.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
74.42.040
74.42.040 Resident's rights regarding medical condition, care, and treatment. The facility shall insure that each
resident and guardian, if any:
(1) Is fully informed by a physician about his or her
health and medical condition unless the physician decides
that informing the resident is medically contraindicated and
the physician documents this decision in the resident's record;
(2) Has the opportunity to participate in his or her total
care and treatment;
(3) Has the opportunity to refuse treatment; and
(4) Gives informed, written consent before participating
in experimental research. [1979 ex.s. c 211 § 4.]
[Title 74 RCW—page 158]
74.42.050
74.42.050 Residents to be treated with consideration,
respect—Complaints. (1) Residents shall be treated with
consideration, respect, and full recognition of their dignity
and individuality. Residents shall be encouraged and assisted
in the exercise of their rights as residents of the facility and as
citizens.
(2) A resident or guardian, if any, may submit complaints or recommendations concerning the policies of the
facility to the staff and to outside representatives of the resident's choice. No facility may restrain, interfere, coerce, discriminate, or retaliate in any manner against a resident who
submits a complaint or recommendation. [1979 ex.s. c 211 §
5.]
74.42.055
74.42.055 Discrimination against medicaid recipients
prohibited. (1) The purpose of this section is to prohibit discrimination against medicaid recipients by nursing homes
which have contracted with the department to provide skilled
or intermediate nursing care services to medicaid recipients.
(2) A nursing facility shall readmit a resident, who has
been hospitalized or on therapeutic leave, immediately to the
first available bed in a semiprivate room if the resident:
(a) Requires the services provided by the facility; and
(b) Is eligible for medicaid nursing facility services.
(3) It shall be unlawful for any nursing home which has
a medicaid contract with the department:
(a) To require, as a condition of admission, assurance
from the patient or any other person that the patient is not eligible for or will not apply for medicaid;
(b) To deny or delay admission or readmission of a person to a nursing home because of his or her status as a medicaid recipient;
(c) To transfer a patient, except from a private room to
another room within the nursing home, because of his or her
status as a medicaid recipient;
(d) To transfer a patient to another nursing home because
of his or her status as a medicaid recipient;
(e) To discharge a patient from a nursing home because
of his or her status as a medicaid recipient; or
(f) To charge any amounts in excess of the medicaid rate
from the date of eligibility, except for any supplementation
permitted by the department pursuant to RCW 18.51.070.
(4) Any nursing home which has a medicaid contract
with the department shall maintain one list of names of persons seeking admission to the facility, which is ordered by
the date of request for admission. This information shall be
retained for one year from the month admission was
requested. However, except as provided in subsection (2) of
this section, a nursing facility is permitted to give preferential
admission to individuals who seek admission from a boarding home, licensed under chapter 18.20 RCW, or from independent retirement housing, provided the nursing facility is
owned by the same entity that owns the boarding home or
independent housing which are located within the same proximate geographic area; and provided further, the purpose of
such preferential admission is to allow continued provision
of: (a) Culturally or faith-based services, or (b) services provided by a continuing care retirement community as defined
in RCW 70.38.025.
(2004 Ed.)
Nursing Homes—Resident Care, Operating Standards
(5) The department may assess monetary penalties of a
civil nature, not to exceed three thousand dollars for each violation of this section.
(6) Because it is a matter of great public importance to
protect senior citizens who need medicaid services from discriminatory treatment in obtaining long-term health care, any
violation of this section shall be construed for purposes of the
application of the consumer protection act, chapter 19.86
RCW, to constitute an unfair or deceptive act or practice or
unfair method of competition in the conduct of trade or commerce.
(7) It is not an act of discrimination under this chapter to
refuse to admit a patient if admitting that patient would prevent the needs of the other patients residing in that facility
from being met at that facility, or if the facility's refusal is
consistent with subsection (4) of this section. [2004 c 34 § 1;
1987 c 476 § 30; 1985 c 284 § 3.]
Effective date—2004 c 34: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 22, 2004]." [2004 c 34 § 2.]
74.42.056
74.42.056 Department assessment of medicaid eligible individuals—Requirements. A nursing facility shall
not admit any individual who is medicaid eligible unless that
individual has been assessed by the department. Appropriate
hospital discharge shall not be delayed pending the assessment.
To ensure timely hospital discharge of medicaid eligible
persons, the date of the request for a department long-term
care assessment, or the date that nursing home care actually
begins, whichever is later, shall be deemed the effective date
of the initial service and payment authorization. The department shall respond promptly to such requests.
A nursing facility admitting an individual without a
request for a department assessment shall not be reimbursed
by the department and shall not be allowed to collect payment
from a medicaid eligible individual for any care rendered
before the date the facility makes a request to the department
for an assessment. The date on which a nursing facility makes
a request for a department long-term care assessment, or the
date that nursing home care actually begins, whichever is
later, shall be deemed the effective date of initial service and
payment authorization for admissions regardless of the
source of referral.
A medicaid eligible individual residing in a nursing
facility who is transferred to an acute care hospital shall not
be required to have a department assessment under this section prior to returning to the same or another nursing facility.
[1995 1st sp.s. c 18 § 7.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.42.090
(1) Assess any such resident to determine if the resident
prefers and could live appropriately at home or in some other
community-based setting; and
(2) Provide case management services to the resident.
[1995 1st sp.s. c 18 § 8.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.42.058
74.42.058 Department case management services.
(1) To the extent of available funding, the department shall
provide case management services to assist nursing facility
residents, in conjunction and partnership with nursing facility
staff. The purpose of the case management services is to
assist residents and their families to assess the appropriateness and availability of home and community services that
could meet the resident's needs so that the resident and family
can make informed choices.
(2) To the extent of available funding, the department
shall provide case management services to nursing facility
residents who are:
(a) Medicaid funded;
(b) Dually medicaid and medicare eligible;
(c) Medicaid applicants; and
(d) Likely to become financially eligible for medicaid
within one hundred eighty days, pursuant to RCW 74.42.057.
[1995 1st sp.s. c 18 § 9.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.42.060 Management of residents' financial affairs.
The facility shall allow a resident or the resident's guardian to
manage the resident's financial affairs. The facility may assist
a resident in the management of his or her financial affairs if
the resident requests assistance in writing and the facility
complies with the record-keeping requirements of RCW
74.42.130 and the provisions of *chapter . . . (Senate Bill No.
2335), Laws of 1979. [1979 ex.s. c 211 § 6.]
74.42.060
*Reviser's note: Senate Bill No. 2335 was not enacted during the 1979
legislative sessions. A similar bill was enacted in 1980 and became 1980 c
177, which is codified primarily in chapter 74.46 RCW.
74.42.070 Privacy. Residents shall be given privacy
during treatment and care of personal needs. Married residents shall be given privacy during visits with their spouses.
If both husband and wife are residents of the facility, the
facility shall permit the husband and wife to share a room,
unless medically contraindicated. [1979 ex.s. c 211 § 7.]
74.42.070
74.42.080
74.42.080 Confidentiality of records. Residents'
records, including information in an automatic data bank,
shall be treated confidentially. The facility shall not release
information from a resident's record to a person not otherwise
authorized by law to receive the information without the resident's or the resident's guardian's written consent. [1979
ex.s. c 211 § 8.]
74.42.057
74.42.057 Notification regarding resident likely to
become medicaid eligible. If a nursing facility has reason to
know that a resident is likely to become financially eligible
for medicaid benefits within one hundred eighty days, the
nursing facility shall notify the patient or his or her representative and the department. The department may:
(2004 Ed.)
74.42.090 Work tasks by residents. No resident may
be required to perform services for the facility; except that a
resident may be required to perform work tasks specified or
included in the comprehensive plan of care. [1979 ex.s. c 211
§ 9.]
74.42.090
[Title 74 RCW—page 159]
74.42.100
Title 74 RCW: Public Assistance
74.42.100
74.42.100 Personal mail. The facility shall not open
the personal mail that residents send or receive. [1979 ex.s. c
211 § 10.]
74.42.110
74.42.110 Freedom of association—Limits. Residents
shall be allowed to communicate, associate, meet privately
with individuals of their choice, and participate in social, religious, and community group activities unless this infringes
on the rights of other residents. [1979 ex.s. c 211 § 11.]
professionals. Other support personnel under appropriate
supervision may perform the duties of rehabilitative service
personnel.
(3) The rehabilitative services shall be designed to maintain and improve the resident's ability to function independently; prevent, as much as possible, advancement of progressive disabilities; and restore maximum function. [1979
ex.s. c 211 § 17.]
74.42.180
74.42.120
74.42.120 Personal possessions. The facility shall
allow residents to have personal possessions as space or security permits. [1979 ex.s. c 211 § 12.]
74.42.130
74.42.130 Individual financial records. The facility
shall keep a current, written financial record for each resident. The record shall include written receipts for all personal
possessions and funds received by or deposited with the facility and for all disbursements made to or for the resident. The
resident or guardian and the resident's family shall have
access to the financial record. [1979 ex.s. c 211 § 13.]
74.42.140
74.42.140 Prescribed plan of care—Treatment, medication, diet services. The facility shall care for residents by
providing residents with authorized medical services which
shall include treatment, medication, and diet services, and
any other services contained in the comprehensive plan of
care or otherwise prescribed by the attending physician.
[1979 ex.s. c 211 § 14.]
74.42.180 Social services. (1) The facility shall provide
social services, or arrange for the provision of social services
with qualified outside resources, for each resident whose
comprehensive plan of care requires the provision of social
services.
(2) The facility shall designate one staff member qualified by training or experience to be responsible for arranging
for social services in the facility or with qualified outside
resources and integrating social services with other elements
of the plan of care. [1979 ex.s. c 211 § 18.]
74.42.190
74.42.190 Activities program—Recreation areas,
equipment. The facility shall have an activities program
designed to encourage each resident to maintain normal
activity and help each resident return to self care. A staff
member qualified by experience or training in directing
group activities shall be responsible for the activities program. The facility shall provide adequate recreation areas
with sufficient equipment and materials to support the program. [1979 ex.s. c 211 § 19.]
74.42.150
74.42.150 Plan of care—Goals—Program—Responsibilities—Review. (1) Under the attending physician's
instructions, qualified facility staff will establish and maintain a comprehensive plan of care for each resident which
shall be kept on file by the facility and be evaluated through
review and assessment by the department. The comprehensive plan contains:
(a) Goals for each resident to accomplish;
(b) An integrated program of treatment, therapies and
activities to help each resident achieve those goals; and
(c) The persons responsible for carrying out the programs in the plan.
(2) Qualified facility staff shall review the comprehensive plan of care at least quarterly. [1980 c 184 § 7; 1979
ex.s. c 211 § 15.]
74.42.200
74.42.200 Supervision of health care by physician—
When required. The health care of each resident shall be
under the continuing supervision of a physician: PROVIDED, That a resident of a facility licensed pursuant to
chapter 18.51 RCW but not certified by the federal government under Title XVIII or Title XIX of the Social Security
Act as now or hereafter amended shall not be required to
receive the continuing supervision of a health care practitioner licensed pursuant to chapter 18.22, 18.25, 18.32, 18.57,
18.71, and 18.83 RCW, nor shall the state of Washington
require such continuing supervision as a condition of licensing. The physician shall see the resident whenever necessary,
and as required and/or consistent with state and federal regulations. [1980 c 184 § 8; 1979 ex.s. c 211 § 20.]
74.42.210
74.42.160
74.42.160 Nursing care. The facility shall provide the
nursing care required for the classification given each resident. The nursing care shall help each resident to achieve and
maintain the highest possible degree of function, self-care,
and independence to the extent medically possible. [1979
ex.s. c 211 § 16.]
74.42.170
74.42.170 Rehabilitative services. (1) The facility
shall provide rehabilitative services itself or arrange for the
provision of rehabilitative services with qualified outside
resources for each resident whose comprehensive plan of
care requires the provision of rehabilitative services.
(2) The rehabilitative service personnel shall be qualified
therapists, qualified therapists' assistants, or mental health
[Title 74 RCW—page 160]
74.42.210 Pharmacist services. The facility shall
either employ a licensed pharmacist responsible for operating
the facility's pharmacy or have a written agreement with a
licensed pharmacist who will advise the facility on ordering,
storage, administration, disposal, and recordkeeping of drugs
and biologicals. [1979 ex.s. c 211 § 21.]
74.42.220
74.42.220 Contracts for professional services from
outside the agency. (1) If the facility does not employ a
qualified professional to furnish required services, the facility
shall have a written contract with a qualified professional or
agency outside the facility to furnish the required services.
The terms of the contract, including terms about responsibilities, functions, and objectives, shall be specified. The con(2004 Ed.)
Nursing Homes—Resident Care, Operating Standards
tract shall be signed by the administrator, or the administrator's representative, and the qualified professional.
(2) All contracts for these services shall require the standards in RCW 74.42.010 through 74.42.570 to be met. [1980
c 184 § 9; 1979 ex.s. c 211 § 22.]
74.42.225
74.42.225 Self-medication programs for residents—
Educational program—Implementation. The department
shall develop an educational program for attending and staff
physicians and patients on self-medication. The department
shall actively encourage the implementation of such selfmedication programs for residents. [1980 c 184 § 18.]
74.42.230
74.42.230 Physician or authorized practitioner to
prescribe medication. (1) The resident's attending or staff
physician or authorized practitioner approved by the attending physician shall order all medications for the resident. The
order may be oral or written and shall be limited by time. An
"authorized practitioner," as used in this section, is a registered nurse under chapter 18.79 RCW when authorized by the
nursing care quality assurance commission, an osteopathic
physician assistant under chapter 18.57A RCW when authorized by the committee of osteopathic examiners, or a physician assistant under chapter 18.71A RCW when authorized
by the medical quality assurance commission.
(2) An oral order shall be given only to a licensed nurse,
pharmacist, or another physician. The oral order shall be
recorded and signed immediately by the person receiving the
order. The attending physician shall sign the record of the
oral order in a manner consistent with good medical practice.
[1994 sp.s. c 9 § 751; 1982 c 120 § 2; 1979 ex.s. c 211 § 23.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
74.42.240
74.42.240 Administering medication. (1) No staff
member may administer any medication to a resident unless
the staff member is licensed to administer medication: PROVIDED, That nothing herein shall be construed as prohibiting
graduate nurses or student nurses from administering medications when permitted to do so under chapter 18.79 RCW and
rules adopted thereunder.
(2) The facility may only allow a resident to give himself
or herself medication with the attending physician's permission.
(3) Medication shall only be administered to or used by
the resident for whom it is ordered. [1994 sp.s. c 9 § 752;
1989 c 372 § 5; 1979 ex.s. c 211 § 24.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
74.42.250
74.42.250 Medication stop orders—Procedure for
developmentally disabled. (1) When the physician's order
for medication does not include a specific time limit or a specific number of dosages, the facility shall notify the physician
that the medication will be stopped at a date certain unless the
medication is ordered continued by the physician. The facility shall so notify the physician every thirty days.
(2) A facility for the developmentally disabled shall have
an automatic stop order on all drugs, unless such stoppage
will place the patient in jeopardy. [1979 ex.s. c 211 § 25.]
(2004 Ed.)
74.42.285
74.42.260
74.42.260 Drug storage, security, inventory. (1) The
facility shall store drugs under proper conditions of sanitation, temperature, light, moisture, ventilation, segregation,
and security. Poisons, drugs used externally, and drugs taken
internally shall be stored on separate shelves or in separate
cabinets at all locations. When medication is stored in a
refrigerator containing other items, the medication shall be
kept in a separate compartment with proper security. All
drugs shall be kept under lock and key unless an authorized
individual is in attendance.
(2) The facility shall meet the drug security requirements
of federal and state laws that apply to storerooms, pharmacies, and living units.
(3) If there is a drug storeroom separate from the pharmacy, the facility shall keep a perpetual inventory of receipts
and issues of all drugs from that storeroom. [1979 ex.s. c 211
§ 26.]
74.42.270
74.42.270 Drug disposal. Any drug that is discontinued or outdated and any container with a worn, illegible, or
missing label shall be properly disposed. [1979 ex.s. c 211 §
27.]
74.42.280
74.42.280 Adverse drug reaction. Medication errors
and adverse drug reactions shall be recorded and reported
immediately to the practitioner who ordered the drug. The
facility shall report adverse drug reactions consistent with
good medical practice. [1979 ex.s. c 211 § 28.]
74.42.285
74.42.285 Immunizations—Rules. (1) Long-term care
facilities shall:
(a) Provide access on-site or make available elsewhere
for all residents to obtain the influenza virus immunization on
an annual basis;
(b) Require that each resident, or the resident's legal representative, upon admission to the facility, be informed verbally and in writing of the benefits of receiving the influenza
virus immunization and, if not previously immunized against
pneumococcal disease, the benefits of the pneumococcal
immunization.
(2) As used in this section, "long-term care facility" is
limited to nursing homes licensed under chapter 18.51 RCW.
(3) The department of social and health services shall
adopt rules to implement this section.
(4) This section and rules adopted under this section
shall not apply to nursing homes conducted for those who
rely exclusively upon treatment by nonmedical religious
healing methods, including prayer. [2002 c 256 § 2.]
Intent—Findings—2002 c 256: "It is the intent of the legislature to
ensure that long-term care facilities are safe.
(1) The long-term care resident immunization act is intended to:
(a) Prevent and reduce the occurrence and severity of the influenza
virus and pneumococcal disease by increasing the use of immunizations
licensed by the food and drug administration;
(b) Avoid pain, suffering, and deaths that may result from the influenza
virus and pneumococcal disease;
(c) Improve the well-being and quality of life of residents of long-term
care facilities; and
(d) Reduce avoidable costs associated with treating the influenza virus
and pneumococcal disease.
(2) The legislature finds that:
(a) Recent studies show that it is important to immunize older citizens
against the influenza virus and pneumococcal disease;
[Title 74 RCW—page 161]
74.42.290
Title 74 RCW: Public Assistance
(b) The centers for disease control and prevention recommend individuals living in long-term care facilities and those over age sixty-five receive
immunizations against the influenza virus and pneumococcal disease;
(c) The influenza virus and pneumococcal disease have been identified
as leading causes of death for citizens over age sixty-five; and
(d) Immunizations licensed by the food and drug administration are
readily available and effective in reducing and preventing the severity of the
influenza virus and pneumococcal disease." [2002 c 256 § 1.]
Short title—2002 c 256: "This act may be known and cited as the longterm care resident immunization act of 2002." [2002 c 256 § 3.]
preparation equipment and food preparation areas. [1979
ex.s. c 211 § 32.]
74.42.330
74.42.330 Food storage. The facility shall store dry or
staple food items at an appropriate height above the floor in a
ventilated room not subject to sewage or waste water backflow or contamination by condensation, leakage, rodents or
vermin. Perishable foods shall be stored at proper temperatures to conserve nutritive values. [1979 ex.s. c 211 § 33.]
74.42.290
74.42.290 Meal intervals—Food handling—Utensils—Disposal. (1) The facility shall serve at least three
meals, or their equivalent, daily at regular times with not
more than fourteen hours between a substantial evening meal
and breakfast on the following day and not less than ten hours
between breakfast and a substantial evening meal on the
same day.
(2) Food shall be procured, stored, transported, and prepared under sanitary conditions in compliance with state and
local regulations.
(3) Food of an appropriate quantity at an appropriate
temperature shall be served in a form consistent with the
needs of the resident;
(4) Special eating equipment and utensils shall be provided for residents who need them; and
(5) Food served and uneaten shall be discarded. [1979
ex.s. c 211 § 29.]
74.42.300
74.42.300 Nutritionist—Menus, special diets. (1) The
facility shall have a staff member trained or experienced in
food management and nutrition responsible for planning
menus that meet the requirements of subsection (2) of this
section and supervising meal preparation and service to
insure that the menu plan is followed.
(2) The menu plans shall follow the orders of the resident's physician.
(3) The facility shall:
(a) Meet the nutritional needs of each resident;
(b) Have menus written in advance;
(c) Provide a variety of foods at each meal;
(d) Provide daily and weekly variations in the menus;
and
(e) Adjust the menus for seasonal changes.
(4) If the facility has residents who require medically
prescribed special diets, the menus for those residents shall
be planned by a professionally qualified dietitian or reviewed
and approved by the attending physician. The preparation and
serving of meals shall be supervised to insure that the resident
accepts the special diet. [1979 ex.s. c 211 § 30.]
74.42.310
74.42.310 Staff duties at meals. (1) A facility shall
have sufficient personnel to supervise the residents, direct
self-help dining skills, and to insure that each resident
receives enough food.
(2) A facility shall provide table service for all residents,
including residents in wheelchairs, who are capable and willing to eat at tables. [1980 c 184 § 10; 1979 ex.s. c 211 § 31.]
74.42.320
74.42.320 Sanitary procedures for food preparation.
Facilities shall have effective sanitary procedures for the food
preparation staff including procedures for cleaning food
[Title 74 RCW—page 162]
74.42.340
74.42.340 Administrative support—Purchasing—
Inventory control. (1) The facility shall provide adequate
administrative support to efficiently meet the needs of residents and facilitate attainment of the facility's goals and
objectives.
(2) The facility shall:
(a) Document the purchasing process;
(b) Adequately operate the inventory control system and
stockroom;
(c) Have appropriate storage facilities for all supplies
and surplus equipment; and
(d) Train and assist personnel to do purchase, supply,
and property control functions. [1980 c 184 § 11; 1979 ex.s.
c 211 § 34.]
74.42.350
74.42.350 Organization chart. The facility shall have
and keep current an organization chart showing:
(1) The major operating programs of the facility;
(2) The staff divisions of the facility;
(3) The administrative personnel in charge of the programs and divisions; and
(4) The lines of authority, responsibility, and communication of administrative personnel. [1979 ex.s. c 211 § 35.]
74.42.360
74.42.360 Adequate staff. The facility shall have staff
on duty twenty-four hours daily sufficient in number and
qualifications to carry out the provisions of RCW 74.42.010
through 74.42.570 and the policies, responsibilities, and programs of the facility. [1979 ex.s. c 211 § 36.]
74.42.370
74.42.370 Licensed administrator. The facility shall
have an administrator who is a licensed nursing home administrator under chapter 18.52 RCW. The administrator is
responsible for managing the facility and implementing
established policies and procedures. [1979 ex.s. c 211 § 37.]
74.42.380
74.42.380 Director of nursing services. (1) The facility shall have a director of nursing services. The director of
nursing services shall be a registered nurse or an advanced
registered nurse practitioner.
(2) The director of nursing services is responsible for:
(a) Coordinating the plan of care for each resident;
(b) Permitting only licensed personnel to administer
medications: PROVIDED, That nothing herein shall be construed as prohibiting graduate nurses or student nurses from
administering medications when permitted to do so under
chapter 18.79 RCW and rules adopted under it: PROVIDED
FURTHER, That nothing herein shall be construed as prohibiting persons certified under chapter 18.135 RCW from prac(2004 Ed.)
Nursing Homes—Resident Care, Operating Standards
ticing pursuant to the delegation and supervision requirements of chapter 18.135 RCW and rules adopted under it; and
(c) Insuring that the licensed practical nurses and the registered nurses comply with chapter 18.79 RCW, and persons
certified under chapter 18.135 RCW comply with the provisions of that chapter and rules adopted under it. [1994 sp.s. c
9 § 753; 1989 c 372 § 6; 1985 c 284 § 2; 1979 ex.s. c 211 §
38.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
74.42.390
74.42.390 Communication system. The facility shall
have a communication system, including telephone service,
that insures prompt contact of on-duty personnel and prompt
notification of responsible personnel in an emergency. [1979
ex.s. c 211 § 39.]
74.42.400
74.42.400 Engineering and maintenance personnel.
The facility shall have sufficient trained and experienced personnel for necessary engineering and maintenance functions.
[1979 ex.s. c 211 § 40.]
74.42.410
74.42.410 Laundry services. The facility shall manage
laundry services to meet the residents' daily clothing and
linen needs. The facility shall have available at all times
enough linen for the proper care and comfort of the residents.
[1979 ex.s. c 211 § 41.]
74.42.420
74.42.420 Resident record system. The facility shall
maintain an organized record system containing a record for
each resident. The record shall contain:
(1) Identification information;
(2) Admission information, including the resident's medical and social history;
(3) A comprehensive plan of care and subsequent
changes to the comprehensive plan of care;
(4) Copies of initial and subsequent periodic examinations, assessments, evaluations, and progress notes made by
the facility and the department;
(5) Descriptions of all treatments, services, and medications provided for the resident since the resident's admission;
(6) Information about all illnesses and injuries including
information about the date, time, and action taken; and
(7) A discharge summary.
Resident records shall be available to the staff members
directly involved with the resident and to appropriate representatives of the department. The facility shall protect resident records against destruction, loss, and unauthorized use.
The facility shall keep a resident's record after the resident is
discharged as provided in RCW 18.51.300. [1979 ex.s. c 211
§ 42.]
74.42.430
74.42.430 Written policy guidelines. The facility shall
develop written guidelines governing:
(1) All services provided by the facility;
(2) Admission, transfer or discharge;
(3) The use of chemical and physical restraints, the personnel authorized to administer restraints in an emergency,
and procedures for monitoring and controlling the use of the
restraints;
(2004 Ed.)
74.42.450
(4) Procedures for receiving and responding to residents'
complaints and recommendations;
(5) Access to, duplication of, and dissemination of information from the resident's record;
(6) Residents' rights, privileges, and duties;
(7) Procedures if the resident is adjudicated incompetent
or incapable of understanding his or her rights and responsibilities;
(8) When to recommend initiation of guardianship proceedings under chapter 11.88 RCW; and
(9) Emergencies;
(10) Procedures for isolation of residents with infectious
diseases;
(11) Procedures for residents to refuse treatment and for
the facility to document informed refusal.
The written guidelines shall be made available to the
staff, residents, members of residents' families, and the public. [1980 c 184 § 12; 1979 ex.s. c 211 § 43.]
74.42.440
74.42.440 Facility rated capacity not to be exceeded.
The facility may only admit individuals when the facility's
rated capacity will not be exceeded and when the facility has
the capability to provide adequate treatment, therapy, and
activities. [1979 ex.s. c 211 § 44.]
74.42.450
74.42.450 Residents limited to those the facility qualified to care for—Transfer or discharge of residents—
Appeal of department discharge decision—Reasonable
accommodation. (1) The facility shall admit as residents
only those individuals whose needs can be met by:
(a) The facility;
(b) The facility cooperating with community resources;
or
(c) The facility cooperating with other providers of care
affiliated or under contract with the facility.
(2) The facility shall transfer a resident to a hospital or
other appropriate facility when a change occurs in the resident's physical or mental condition that requires care or service that the facility cannot provide. The resident, the resident's guardian, if any, the resident's next of kin, the attending
physician, and the department shall be consulted at least fifteen days before a transfer or discharge unless the resident is
transferred under emergency circumstances. The department
shall use casework services or other means to insure that adequate arrangements are made to meet the resident's needs.
(3) A resident shall be transferred or discharged only for
medical reasons, the resident's welfare or request, the welfare
of other residents, or nonpayment. A resident may not be discharged for nonpayment if the discharge would be prohibited
by the medicaid program.
(4) If a resident chooses to remain in the nursing facility,
the department shall respect that choice, provided that if the
resident is a medicaid recipient, the resident continues to
require a nursing facility level of care.
(5) If the department determines that a resident no longer
requires a nursing facility level of care, the resident shall not
be discharged from the nursing facility until at least thirty
days after written notice is given to the resident, the resident's
surrogate decision maker and, if appropriate, a family member or the resident's representative. A form for requesting a
[Title 74 RCW—page 163]
74.42.460
Title 74 RCW: Public Assistance
hearing to appeal the discharge decision shall be attached to
the written notice. The written notice shall include at least the
following:
(a) The reason for the discharge;
(b) A statement that the resident has the right to appeal
the discharge; and
(c) The name, address, and telephone number of the state
long-term care ombudsman.
(6) If the resident appeals a department discharge decision, the resident shall not be discharged without the resident's consent until at least thirty days after a final order is
entered upholding the decision to discharge the resident.
(7) Before the facility transfers or discharges a resident,
the facility must first attempt through reasonable accommodations to avoid the transfer or discharge unless the transfer
or discharge is agreed to by the resident. The facility shall
admit or retain only individuals whose needs it can safely and
appropriately serve in the facility with available staff or
through the provision of reasonable accommodations
required by state or federal law. "Reasonable accommodations" has the meaning given to this term under the federal
Americans with disabilities act of 1990, 42 U.S.C. Sec.
12101 et seq. and other applicable federal or state antidiscrimination laws and regulations. [1997 c 392 § 216; 1995
1st sp.s. c 18 § 64; 1979 ex.s. c 211 § 45.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
The department may waive the space, occupancy, and
certain equipment requirements of this section for an existing
building constructed prior to January 1, 1980, or space and
certain equipment for new intermediate care facilities for the
mentally retarded for as long as the department considers
appropriate if the department finds that the requirements
would result in unreasonable hardship on the facility, the
waiver serves the particular needs of the residents, and the
waiver does not adversely affect the health and safety of the
residents. [1980 c 184 § 13; 1979 ex.s. c 211 § 49.]
74.42.500
74.42.500 Toilet and bathing facilities. Toilet and
bathing facilities shall be located in or near residents' rooms
and shall be appropriate in number, size, and design to meet
the needs of the residents. The facility shall provide an adequate supply of hot water at all times for resident use. Plumbing shall be equipped with control valves that automatically
regulate the temperature of the hot water used by residents.
[1979 ex.s. c 211 § 50.]
74.42.510
74.42.510 Room for dining, recreation, social activities—Waiver. The facility shall provide one or more areas
not used for corridor traffic for dining, recreation, and social
activities. A multipurpose room may be used if it is large
enough to accommodate all of the activities without the activities interfering with each other: PROVIDED, That the
department may waive the provisions of this section for facilities constructed prior to January 1, 1980. [1979 ex.s. c 211 §
51.]
74.42.460
74.42.460 Organization plan and procedures. The
facility shall have a written staff organization plan and
detailed written procedures to meet potential emergencies
and disasters. The facility shall clearly communicate and
periodically review the plan and procedures with the staff and
residents. The plan and procedures shall be posted at suitable
locations throughout the facility. [1979 ex.s. c 211 § 46.]
74.42.520
74.42.520 Therapy area. The facility's therapy area
shall be large enough and designed to accommodate the necessary equipment, conduct an examination, and provide treatment: PROVIDED, That developmentally disabled facilities
shall not be subject to the provisions of this section if therapeutic services are obtained by contract with other facilities.
[1979 ex.s. c 211 § 52.]
74.42.470
74.42.470 Infected employees. No employee with
symptoms of a communicable disease may work in a facility.
The facility shall have written guidelines that will help
enforce this section. [1979 ex.s. c 211 § 47.]
74.42.480 Living areas. The facility shall design and
equip the resident living areas for the comfort and privacy of
each resident. [1979 ex.s. c 211 § 48.]
74.42.480
74.42.490 Room requirements—Waiver. Each resident's room shall:
(1) Be equipped with or conveniently located near toilet
and bathing facilities;
(2) Be at or above grade level;
(3) Contain a suitable bed for each resident and other
appropriate furniture;
(4) Have closet space that provides security and privacy
for clothing and personal belongings;
(5) Contain no more than four beds;
(6) Have adequate space for each resident; and
(7) Be equipped with a device for calling the staff member on duty.
74.42.490
[Title 74 RCW—page 164]
74.42.530
74.42.530 Isolation areas. The facility shall have isolation areas for residents with infectious diseases or make other
provisions for isolating these residents. [1979 ex.s. c 211 §
53.]
74.42.540
74.42.540 Building requirements. (1) The facility
shall be accessible to and usable by all residents, personnel,
and the public, including individuals with disabilities: PROVIDED, That no substantial structural changes shall be
required in any facilities constructed prior to January 1, 1980.
(2) The facility shall meet the requirements of American
National Standards Institute (ANSI) standard No. A117.1
(1961), or, if applicable, the requirements of chapter 70.92
RCW if the requirements are stricter than ANSI standard No.
A117.1 (1961), unless the department waives the requirements of ANSI standard No. A117.1 (1961) under subsection
(3) of this section.
(3) The department may waive, for as long as the department considers appropriate, provisions of ANSI standard No.
A117.1 (1961) if:
(2004 Ed.)
Nursing Homes—Resident Care, Operating Standards
(a) The construction plans for the facility or a part of the
facility were approved by the department before March 18,
1974;
(b) The provisions would result in unreasonable hardship
on the facility if strictly enforced; and
(c) The waiver does not adversely affect the health and
safety of the residents. [1979 ex.s. c 211 § 54.]
74.42.550
74.42.550 Handrails. The facility shall have handrails
that are firmly attached to the walls in all corridors used by
residents: PROVIDED, That the department may waive the
provisions of this section in developmentally disabled facilities. [1979 ex.s. c 211 § 55.]
74.42.560
74.42.560 Emergency lighting for facilities housing
developmentally disabled persons. If a living unit of a
facility for the developmentally disabled houses more than
fifteen residents, the living unit shall have emergency lighting with automatic switches for stairs and exits. [1979 ex.s. c
211 § 56.]
74.42.570
74.42.570 Health and safety requirements. The facility shall meet state and local laws, rules, regulations, and
codes pertaining to health and safety. [1980 c 184 § 14; 1979
ex.s. c 211 § 57.]
74.42.580
74.42.580 Penalties for violation of standards. The
department may deny, suspend, revoke, or refuse to renew a
license or provisional license, assess monetary penalties of a
civil nature, deny payment, seek receivership, order stop
placement, appoint temporary management, order emergency
closure, or order emergency transfer as provided in RCW
18.51.054 and 18.51.060 for violations of requirements of
this chapter or, in the case of medicaid contractors, the
requirements of Title XIX of the social security act, as
amended, or rules adopted thereunder. Chapter 34.05 RCW
shall apply to any such actions, except for receivership, and
except that stop placement, appointment of temporary management, emergency closure, emergency transfer, and summary license suspension shall be effective pending any hearing, and except that denial of payment shall be effective
pending any hearing when the department determines deficiencies jeopardize the health and safety of the residents or
seriously limit the nursing home's capacity to provide adequate care. [1989 c 372 § 13; 1987 c 476 § 27; 1980 c 184 §
15; 1979 ex.s. c 211 § 58.]
74.42.600
74.42.600 Department inspections—Notice of noncompliance—Penalties—Coordination with department
of health. (1) In addition to the inspection required by chapter 18.51 RCW, the department shall inspect the facility for
compliance with resident rights and direct care standards of
this chapter. The department may inspect any and all other
provisions randomly, by exception profiles, or during complaint investigations.
(2) If the facility has not complied with all the requirements of this chapter, the department shall notify the facility
in writing that the facility is in noncompliance and describe
the reasons for the facility's noncompliance and the depart(2004 Ed.)
74.42.920
ment may impose penalties in accordance with RCW
18.51.060.
(3) To avoid unnecessary duplication in inspections, the
department shall coordinate with the department of health
when inspecting medicaid-certified or medicare-certified, or
both, long-term care beds in hospitals for compliance with
Title XVIII or XIX of the social security act. [1995 c 282 §
5; 1987 c 476 § 28; 1982 c 120 § 3; 1980 c 184 § 17; 1979
ex.s. c 211 § 60.]
74.42.620
74.42.620 Departmental rules. The department shall
adopt rules pursuant to chapter 34.05 RCW necessary to
carry out the policies and provisions of RCW 74.42.010
through 74.42.570. The department shall amend or repeal any
rules that are in conflict with RCW 74.42.010 through
74.42.570. [1979 ex.s. c 211 § 62.]
74.42.630
74.42.630 Conflict with federal requirements. If any
part of chapter 184, Laws of 1980 shall be found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, such conflicting part of this act is hereby declared to be inoperative
solely to the extent of such conflict, and such finding or determination shall not affect the operation of the remainder of
this act; the rules and regulations under this act shall meet
federal requirements which are a necessary condition to the
receipt of federal funds by the state. [1980 c 184 § 21.]
74.42.900
74.42.900 Severability—1979 ex.s. c 211. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 211 § 69.]
74.42.910
74.42.910 Construction—Conflict with federal
requirements. If any part of this act is found to be in conflict
with federal requirements which are a prescribed condition to
the allocation of federal funds to the state, the conflicting part
of this act is hereby declared to be inoperative solely to the
extent of the conflict and with respect to the agencies directly
affected, and such finding or determination shall not affect
the operation of the remainder of this act in its application to
the agencies concerned. The rules under this act shall meet
federal requirements which are a necessary condition to the
receipt of federal funds by the state. [1979 ex.s. c 211 § 70.]
74.42.920
74.42.920 Chapter 74.42 RCW suspended—Effective
date delayed until January 1, 1981. Chapter 74.42 RCW
shall be suspended immediately, and its effective date
delayed so that it shall take effect on January 1, 1981. [1980
c 184 § 19; 1979 ex.s. c 211 § 72.]
Effective date—1980 c 184 § 19: "Section 19 of this 1980 act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect immediately [April 4, 1980]." [1980 c 184 § 22.]
[Title 74 RCW—page 165]
Chapter 74.46
Chapter 74.46
Title 74 RCW: Public Assistance
Chapter 74.46 RCW
NURSING FACILITY MEDICAID
PAYMENT SYSTEM
(Formerly: Nursing home auditing and cost reimbursement act of 1980)
Sections
74.46.010
74.46.020
Short title—Purpose.
Definitions.
74.46.506
74.46.508
74.46.511
74.46.515
74.46.521
74.46.531
74.46.535
PART F
BILLING/PAYMENT
PART A
REPORTING
74.46.030
74.46.040
74.46.050
74.46.060
74.46.080
74.46.090
74.46.091
Principles of reporting requirements.
Due dates for cost reports.
Improperly completed or late cost report—Fines—Adverse
rate actions—Rules.
Completing cost reports and maintaining records.
Requirements for retention of records by the contractor.
Retention of cost reports and resident assessment information
by the department.
Additional reporting requirements for quality maintenance fee.
PART B
AUDIT
74.46.100
Purposes of department audits—Examination—Incomplete or
incorrect reports—Contractor's duties—Access to facility—
Fines—Adverse rate actions.
PART C
SETTLEMENT
74.46.155
74.46.165
Reconciliation of medicaid resident days to billed days and
medicaid payments—Payments due—Accrued interest—
Withholding funds.
Proposed settlement report—Payment refunds—Overpayments—Determination of unused rate funds—Total and
component payment rates.
PART D
ALLOWABLE COSTS
74.46.190
74.46.200
74.46.220
74.46.230
74.46.240
74.46.250
74.46.270
74.46.280
74.46.290
74.46.300
74.46.310
74.46.320
74.46.330
74.46.340
74.46.350
74.46.360
74.46.370
74.46.380
74.46.390
74.46.410
Principles of allowable costs.
Offset of miscellaneous revenues.
Payments to related organizations—Limits—Documentation.
Initial cost of operation.
Education and training.
Owner or relative—Compensation.
Disclosure and approval or rejection of cost allocation.
Management fees, agreements—Limitation on scope of services.
Expense for construction interest.
Operating leases of office equipment—Rules.
Capitalization.
Depreciation expense.
Depreciable assets.
Land, improvements—Depreciation.
Methods of depreciation.
Cost basis of land and depreciation base of depreciable assets.
Lives of assets.
Depreciable assets.
Gains and losses upon replacement of depreciable assets.
Unallowable costs.
PART E
RATE SETTING
74.46.421
74.46.431
74.46.433
74.46.435
74.46.437
74.46.439
74.46.441
74.46.445
74.46.475
74.46.485
74.46.496
74.46.501
Purpose of part E—Nursing facility medicaid payment rates.
Nursing facility medicaid payment rate allocations—Components—Minimum wage—Rules.
Variable return component rate allocation.
Property component rate allocation.
Financing allowance component rate allocation.
Facilities leased in arm's-length agreements—Recomputation
of financing allowance—Reimbursement for annualized
lease payments—Rate adjustment.
Public disclosure of rate-setting information.
Contractors—Rate adjustments.
Submitted cost report—Analysis and adjustment by department.
Case mix classification methodology.
Case mix weights—Determination—Revisions.
Average case mix indexes determined quarterly—Facility
average case mix index—Medicaid average case mix index.
[Title 74 RCW—page 166]
Direct care component rate allocations—Determination—
Quarterly updates—Fines.
Direct care component rate allocation—Increases—Rules.
Therapy care component rate allocation—Determination.
Support services component rate allocation—Determination.
Operations component rate allocation—Determination.
Department may adjust component rates—Contractor may
request—Errors or omissions.
Quality maintenance fee.
74.46.600
74.46.610
74.46.620
74.46.625
74.46.630
74.46.640
74.46.650
Billing period.
Billing procedure—Rules.
Payment.
Supplemental payments.
Charges to patients.
Suspension of payments.
Termination of payments.
PART G
ADMINISTRATION
74.46.660
74.46.680
74.46.690
Conditions of participation.
Change of ownership—Assignment of department's contract.
Change of ownership—Final reports—Settlement.
PART H
PATIENT TRUST FUNDS
74.46.700
74.46.711
Resident personal funds—Records—Rules.
Resident personal funds—Conveyance upon death of resident.
PART I
MISCELLANEOUS
74.46.770
74.46.780
74.46.790
74.46.800
74.46.803
74.46.807
74.46.820
74.46.835
74.46.840
74.46.900
74.46.901
74.46.902
74.46.905
74.46.906
74.46.907
Contractor appeals—Challenges of laws, rules, or contract
provisions—Challenge based on federal law.
Appeals or exception procedure.
Denial, suspension, or revocation of license or provisional
license—Penalties.
Rule-making authority.
Certificate of capital authorization—Rules.
Capital authorization—Determination.
Public disclosure.
AIDS pilot nursing facility—Payment for direct care.
Conflict with federal requirements.
Severability—1980 c 177.
Effective dates—1983 1st ex.s. c 67; 1980 c 177.
Section captions—1980 c 177.
Severability—1983 1st ex.s. c 67.
Effective date—1998 c 322 §§ 1-37, 40-49, and 52-54.
Severability—1998 c 322.
74.46.010 Short title—Purpose. This chapter may be
known and cited as the "nursing facility medicaid payment
system."
The purposes of this chapter are to specify the manner by
which legislative appropriations for medicaid nursing facility
services are to be allocated as payment rates among nursing
facilities, and to set forth auditing, billing, and other administrative standards associated with payments to nursing home
facilities. [1998 c 322 § 1; 1980 c 177 § 1.]
74.46.010
74.46.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Accrual method of accounting" means a method of
accounting in which revenues are reported in the period when
they are earned, regardless of when they are collected, and
expenses are reported in the period in which they are
incurred, regardless of when they are paid.
(2) "Appraisal" means the process of estimating the fair
market value or reconstructing the historical cost of an asset
acquired in a past period as performed by a professionally
designated real estate appraiser with no pecuniary interest in
74.46.020
(2004 Ed.)
Nursing Facility Medicaid Payment System
the property to be appraised. It includes a systematic, analytic
determination and the recording and analyzing of property
facts, rights, investments, and values based on a personal
inspection and inventory of the property.
(3) "Arm's-length transaction" means a transaction
resulting from good-faith bargaining between a buyer and
seller who are not related organizations and have adverse
positions in the market place. Sales or exchanges of nursing
home facilities among two or more parties in which all parties
subsequently continue to own one or more of the facilities
involved in the transactions shall not be considered as arm'slength transactions for purposes of this chapter. Sale of a
nursing home facility which is subsequently leased back to
the seller within five years of the date of sale shall not be considered as an arm's-length transaction for purposes of this
chapter.
(4) "Assets" means economic resources of the contractor, recognized and measured in conformity with generally
accepted accounting principles.
(5) "Audit" or "department audit" means an examination
of the records of a nursing facility participating in the medicaid payment system, including but not limited to: The contractor's financial and statistical records, cost reports and all
supporting documentation and schedules, receivables, and
resident trust funds, to be performed as deemed necessary by
the department and according to department rule.
(6) "Bad debts" means amounts considered to be uncollectible from accounts and notes receivable.
(7) "Beneficial owner" means:
(a) Any person who, directly or indirectly, through any
contract, arrangement, understanding, relationship, or otherwise has or shares:
(i) Voting power which includes the power to vote, or to
direct the voting of such ownership interest; and/or
(ii) Investment power which includes the power to dispose, or to direct the disposition of such ownership interest;
(b) Any person who, directly or indirectly, creates or
uses a trust, proxy, power of attorney, pooling arrangement,
or any other contract, arrangement, or device with the purpose or effect of divesting himself or herself of beneficial
ownership of an ownership interest or preventing the vesting
of such beneficial ownership as part of a plan or scheme to
evade the reporting requirements of this chapter;
(c) Any person who, subject to (b) of this subsection, has
the right to acquire beneficial ownership of such ownership
interest within sixty days, including but not limited to any
right to acquire:
(i) Through the exercise of any option, warrant, or right;
(ii) Through the conversion of an ownership interest;
(iii) Pursuant to the power to revoke a trust, discretionary
account, or similar arrangement; or
(iv) Pursuant to the automatic termination of a trust, discretionary account, or similar arrangement;
except that, any person who acquires an ownership interest or
power specified in (c)(i), (ii), or (iii) of this subsection with
the purpose or effect of changing or influencing the control of
the contractor, or in connection with or as a participant in any
transaction having such purpose or effect, immediately upon
such acquisition shall be deemed to be the beneficial owner
of the ownership interest which may be acquired through the
exercise or conversion of such ownership interest or power;
(2004 Ed.)
74.46.020
(d) Any person who in the ordinary course of business is
a pledgee of ownership interest under a written pledge agreement shall not be deemed to be the beneficial owner of such
pledged ownership interest until the pledgee has taken all formal steps necessary which are required to declare a default
and determines that the power to vote or to direct the vote or
to dispose or to direct the disposition of such pledged ownership interest will be exercised; except that:
(i) The pledgee agreement is bona fide and was not
entered into with the purpose nor with the effect of changing
or influencing the control of the contractor, nor in connection
with any transaction having such purpose or effect, including
persons meeting the conditions set forth in (b) of this subsection; and
(ii) The pledgee agreement, prior to default, does not
grant to the pledgee:
(A) The power to vote or to direct the vote of the pledged
ownership interest; or
(B) The power to dispose or direct the disposition of the
pledged ownership interest, other than the grant of such
power(s) pursuant to a pledge agreement under which credit
is extended and in which the pledgee is a broker or dealer.
(8) "Capitalization" means the recording of an expenditure as an asset.
(9) "Case mix" means a measure of the intensity of care
and services needed by the residents of a nursing facility or a
group of residents in the facility.
(10) "Case mix index" means a number representing the
average case mix of a nursing facility.
(11) "Case mix weight" means a numeric score that identifies the relative resources used by a particular group of a
nursing facility's residents.
(12) "Certificate of capital authorization" means a certification from the department for an allocation from the biennial capital financing authorization for all new or replacement building construction, or for major renovation projects,
receiving a certificate of need or a certificate of need exemption under chapter 70.38 RCW after July 1, 2001.
(13) "Contractor" means a person or entity licensed
under chapter 18.51 RCW to operate a medicare and medicaid certified nursing facility, responsible for operational decisions, and contracting with the department to provide services to medicaid recipients residing in the facility.
(14) "Default case" means no initial assessment has been
completed for a resident and transmitted to the department by
the cut-off date, or an assessment is otherwise past due for the
resident, under state and federal requirements.
(15) "Department" means the department of social and
health services (DSHS) and its employees.
(16) "Depreciation" means the systematic distribution of
the cost or other basis of tangible assets, less salvage, over the
estimated useful life of the assets.
(17) "Direct care" means nursing care and related care
provided to nursing facility residents. Therapy care shall not
be considered part of direct care.
(18) "Direct care supplies" means medical, pharmaceutical, and other supplies required for the direct care of a nursing
facility's residents.
(19) "Entity" means an individual, partnership, corporation, limited liability company, or any other association of
individuals capable of entering enforceable contracts.
[Title 74 RCW—page 167]
74.46.020
Title 74 RCW: Public Assistance
(20) "Equity" means the net book value of all tangible
and intangible assets less the recorded value of all liabilities,
as recognized and measured in conformity with generally
accepted accounting principles.
(21) "Essential community provider" means a facility
which is the only nursing facility within a commuting distance radius of at least forty minutes duration, traveling by
automobile.
(22) "Facility" or "nursing facility" means a nursing
home licensed in accordance with chapter 18.51 RCW,
excepting nursing homes certified as institutions for mental
diseases, or that portion of a multiservice facility licensed as
a nursing home, or that portion of a hospital licensed in accordance with chapter 70.41 RCW which operates as a nursing
home.
(23) "Fair market value" means the replacement cost of
an asset less observed physical depreciation on the date for
which the market value is being determined.
(24) "Financial statements" means statements prepared
and presented in conformity with generally accepted accounting principles including, but not limited to, balance sheet,
statement of operations, statement of changes in financial
position, and related notes.
(25) "Generally accepted accounting principles" means
accounting principles approved by the financial accounting
standards board (FASB).
(26) "Goodwill" means the excess of the price paid for a
nursing facility business over the fair market value of all net
identifiable tangible and intangible assets acquired, as measured in accordance with generally accepted accounting principles.
(27) "Grouper" means a computer software product that
groups individual nursing facility residents into case mix
classification groups based on specific resident assessment
data and computer logic.
(28) "High labor-cost county" means an urban county in
which the median allowable facility cost per case mix unit is
more than ten percent higher than the median allowable facility cost per case mix unit among all other urban counties,
excluding that county.
(29) "Historical cost" means the actual cost incurred in
acquiring and preparing an asset for use, including feasibility
studies, architect's fees, and engineering studies.
(30) "Home and central office costs" means costs that are
incurred in the support and operation of a home and central
office. Home and central office costs include centralized services that are performed in support of a nursing facility. The
department may exclude from this definition costs that are
nonduplicative, documented, ordinary, necessary, and related
to the provision of care services to authorized patients.
(31) "Imprest fund" means a fund which is regularly
replenished in exactly the amount expended from it.
(32) "Joint facility costs" means any costs which represent resources which benefit more than one facility, or one
facility and any other entity.
(33) "Lease agreement" means a contract between two
parties for the possession and use of real or personal property
or assets for a specified period of time in exchange for specified periodic payments. Elimination (due to any cause other
than death or divorce) or addition of any party to the contract,
expiration, or modification of any lease term in effect on Jan[Title 74 RCW—page 168]
uary 1, 1980, or termination of the lease by either party by
any means shall constitute a termination of the lease agreement. An extension or renewal of a lease agreement, whether
or not pursuant to a renewal provision in the lease agreement,
shall be considered a new lease agreement. A strictly formal
change in the lease agreement which modifies the method,
frequency, or manner in which the lease payments are made,
but does not increase the total lease payment obligation of the
lessee, shall not be considered modification of a lease term.
(34) "Medical care program" or "medicaid program"
means medical assistance, including nursing care, provided
under RCW 74.09.500 or authorized state medical care services.
(35) "Medical care recipient," "medicaid recipient," or
"recipient" means an individual determined eligible by the
department for the services provided under chapter 74.09
RCW.
(36) "Minimum data set" means the overall data component of the resident assessment instrument, indicating the
strengths, needs, and preferences of an individual nursing
facility resident.
(37) "Net book value" means the historical cost of an
asset less accumulated depreciation.
(38) "Net invested funds" means the net book value of
tangible fixed assets employed by a contractor to provide services under the medical care program, including land, buildings, and equipment as recognized and measured in conformity with generally accepted accounting principles.
(39) "Nonurban county" means a county which is not
located in a metropolitan statistical area as determined and
defined by the United States office of management and budget or other appropriate agency or office of the federal government.
(40) "Operating lease" means a lease under which rental
or lease expenses are included in current expenses in accordance with generally accepted accounting principles.
(41) "Owner" means a sole proprietor, general or limited
partners, members of a limited liability company, and beneficial interest holders of five percent or more of a corporation's
outstanding stock.
(42) "Ownership interest" means all interests beneficially owned by a person, calculated in the aggregate, regardless of the form which such beneficial ownership takes.
(43) "Patient day" or "resident day" means a calendar
day of care provided to a nursing facility resident, regardless
of payment source, which will include the day of admission
and exclude the day of discharge; except that, when admission and discharge occur on the same day, one day of care
shall be deemed to exist. A "medicaid day" or "recipient day"
means a calendar day of care provided to a medicaid recipient
determined eligible by the department for services provided
under chapter 74.09 RCW, subject to the same conditions
regarding admission and discharge applicable to a patient day
or resident day of care.
(44) "Professionally designated real estate appraiser"
means an individual who is regularly engaged in the business
of providing real estate valuation services for a fee, and who
is deemed qualified by a nationally recognized real estate
appraisal educational organization on the basis of extensive
practical appraisal experience, including the writing of real
estate valuation reports as well as the passing of written
(2004 Ed.)
Nursing Facility Medicaid Payment System
examinations on valuation practice and theory, and who by
virtue of membership in such organization is required to subscribe and adhere to certain standards of professional practice
as such organization prescribes.
(45) "Qualified therapist" means:
(a) A mental health professional as defined by chapter
71.05 RCW;
(b) A mental retardation professional who is a therapist
approved by the department who has had specialized training
or one year's experience in treating or working with the mentally retarded or developmentally disabled;
(c) A speech pathologist who is eligible for a certificate
of clinical competence in speech pathology or who has the
equivalent education and clinical experience;
(d) A physical therapist as defined by chapter 18.74
RCW;
(e) An occupational therapist who is a graduate of a program in occupational therapy, or who has the equivalent of
such education or training; and
(f) A respiratory care practitioner certified under chapter
18.89 RCW.
(46) "Rate" or "rate allocation" means the medicaid perpatient-day payment amount for medicaid patients calculated
in accordance with the allocation methodology set forth in
part E of this chapter.
(47) "Real property," whether leased or owned by the
contractor, means the building, allowable land, land improvements, and building improvements associated with a nursing
facility.
(48) "Rebased rate" or "cost-rebased rate" means a facility-specific component rate assigned to a nursing facility for
a particular rate period established on desk-reviewed,
adjusted costs reported for that facility covering at least six
months of a prior calendar year designated as a year to be
used for cost-rebasing payment rate allocations under the
provisions of this chapter.
(49) "Records" means those data supporting all financial
statements and cost reports including, but not limited to, all
general and subsidiary ledgers, books of original entry, and
transaction documentation, however such data are maintained.
(50) "Related organization" means an entity which is
under common ownership and/or control with, or has control
of, or is controlled by, the contractor.
(a) "Common ownership" exists when an entity is the
beneficial owner of five percent or more ownership interest in
the contractor and any other entity.
(b) "Control" exists where an entity has the power,
directly or indirectly, significantly to influence or direct the
actions or policies of an organization or institution, whether
or not it is legally enforceable and however it is exercisable
or exercised.
(51) "Related care" means only those services that are
directly related to providing direct care to nursing facility residents. These services include, but are not limited to, nursing
direction and supervision, medical direction, medical
records, pharmacy services, activities, and social services.
(52) "Resident assessment instrument," including federally approved modifications for use in this state, means a federally mandated, comprehensive nursing facility resident care
(2004 Ed.)
74.46.020
planning and assessment tool, consisting of the minimum
data set and resident assessment protocols.
(53) "Resident assessment protocols" means those components of the resident assessment instrument that use the
minimum data set to trigger or flag a resident's potential problems and risk areas.
(54) "Resource utilization groups" means a case mix
classification system that identifies relative resources needed
to care for an individual nursing facility resident.
(55) "Restricted fund" means those funds the principal
and/or income of which is limited by agreement with or
direction of the donor to a specific purpose.
(56) "Secretary" means the secretary of the department
of social and health services.
(57) "Support services" means food, food preparation,
dietary, housekeeping, and laundry services provided to nursing facility residents.
(58) "Therapy care" means those services required by a
nursing facility resident's comprehensive assessment and
plan of care, that are provided by qualified therapists, or support personnel under their supervision, including related
costs as designated by the department.
(59) "Title XIX" or "medicaid" means the 1965 amendments to the social security act, P.L. 89-07, as amended and
the medicaid program administered by the department.
(60) "Urban county" means a county which is located in
a metropolitan statistical area as determined and defined by
the United States office of management and budget or other
appropriate agency or office of the federal government.
[2001 1st sp.s. c 8 § 1; 1999 c 353 § 1; 1998 c 322 § 2; 1995
1st sp.s. c 18 § 90; 1993 sp.s. c 13 § 1; 1991 sp.s. c 8 § 11;
1989 c 372 § 17; 1987 c 476 § 6; 1985 c 361 § 16; 1982 c 117
§ 1; 1980 c 177 § 2.]
Severability—2001 1st sp.s. c 8: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2001 1st sp.s. c 8 § 21.]
Effective dates—2001 1st sp.s. c 8: "(1) Sections 1 through 19 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public institutions, and take effect July 1, 2001.
(2) Section 20 of this act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and takes effect June 29, 2001." [2001 1st sp.s.
c 8 § 22.]
Effective dates—1999 c 353: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions. Section 11 of this act takes effect
immediately [May 17, 1999], and sections 1 through 10 and 12 through 17
take effect July 1, 1999." [1999 c 353 § 18.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective date—1993 sp.s. c 13: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 sp.s. c 13 § 21.]
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
Savings—1985 c 361: "This act shall not be construed as affecting any
existing right acquired or any obligation or liability incurred under the statutes amended or repealed by this act or any rule, regulation, or order adopted
under those sections, nor as affecting any proceeding instituted under those
sections." [1985 c 361 § 20.]
[Title 74 RCW—page 169]
74.46.030
Title 74 RCW: Public Assistance
PART A
REPORTING
74.46.030
74.46.030 Principles of reporting requirements. The
principle inherent within RCW 74.46.040 through 74.46.090
is that the department shall receive complete, annual reporting of costs and financial condition of the contractor prepared
and presented in a standardized manner. [1980 c 177 § 3.]
tions of billings subject to good faith dispute. Accruals for
vacation, holiday, sick pay, payroll, and real estate taxes may
be carried for longer periods, provided the contractor follows
generally accepted accounting principles and pays this type
of accrual when due. [1998 c 322 § 5; 1985 c 361 § 6; 1983
1st ex.s. c 67 § 2; 1980 c 177 § 6.]
Savings—1985 c 361: See note following RCW 74.46.020.
74.46.080
74.46.040
74.46.040 Due dates for cost reports. (1) Not later
than March 31st of each year, each contractor shall submit to
the department an annual cost report for the period from January 1st through December 31st of the preceding year.
(2) Not later than one hundred twenty days following the
termination or assignment of a contract, the terminating or
assigning contractor shall submit to the department a cost
report for the period from January 1st through the date the
contract was terminated or assigned.
(3) Two extensions of not more than thirty days each
may be granted by the department upon receipt of a written
request setting forth the circumstances which prohibit the
contractor from compliance with a report due date; except,
that the department shall establish the grounds for extension
in rule. Such request must be received by the department at
least ten days prior to the due date. [1998 c 322 § 3; 1985 c
361 § 4; 1983 1st ex.s. c 67 § 1; 1980 c 177 § 4.]
74.46.080 Requirements for retention of records by
the contractor. (1) All records supporting the required cost
reports, as well as trust funds established by RCW 74.46.700,
shall be retained by the contractor for a period of four years
following the filing of such reports at a location in the state of
Washington specified by the contractor.
(2) The department may direct supporting records to be
retained for a longer period if there remain unresolved questions on the cost reports. All such records shall be made available upon demand to authorized representatives of the department, the office of the state auditor, and the United States
department of health and human services.
(3) When a contract is terminated or assigned, all payments due the terminating or assigning contractor will be
withheld until accessibility and preservation of the records
within the state of Washington are assured. [1998 c 322 § 6;
1985 c 361 § 7; 1983 1st ex.s. c 67 § 3; 1980 c 177 § 8.]
Savings—1985 c 361: See note following RCW 74.46.020.
Savings—1985 c 361: See note following RCW 74.46.020.
74.46.090
74.46.050
74.46.050 Improperly completed or late cost
report—Fines—Adverse rate actions—Rules. (1) If the
cost report is not properly completed or if it is not received by
the due date, all or part of any payments due under the contract may be withheld by the department until such time as
the required cost report is properly completed and received.
(2) The department may impose civil fines, or take
adverse rate action against contractors and former contractors
who do not submit properly completed cost reports by the
applicable due date. The department is authorized to adopt
rules addressing fines and adverse rate actions including procedures, conditions, and the magnitude and frequency of
fines. [1998 c 322 § 4; 1985 c 361 § 5; 1980 c 177 § 5.]
Savings—1985 c 361: See note following RCW 74.46.020.
74.46.060
74.46.060 Completing cost reports and maintaining
records. (1) Cost reports shall be prepared in a standard
manner and form, as determined by the department. Costs
reported shall be determined in accordance with generally
accepted accounting principles, the provisions of this chapter,
and such additional rules established by the department. In
the event of conflict, rules adopted and instructions issued by
the department take precedence over generally accepted
accounting principles.
(2) The records shall be maintained on the accrual
method of accounting and agree with or be reconcilable to the
cost report. All revenue and expense accruals shall be
reversed against the appropriate accounts unless they are
received or paid, respectively, within one hundred twenty
days after the accrual is made. However, if the contractor can
document a good faith billing dispute with the supplier or
vendor, the period may be extended, but only for those por[Title 74 RCW—page 170]
74.46.090 Retention of cost reports and resident
assessment information by the department. The department will retain the required cost reports for a period of one
year after final settlement or reconciliation, or the period
required under chapter 40.14 RCW, whichever is longer.
Resident assessment information and records shall be
retained as provided elsewhere in statute or by department
rule. [1998 c 322 § 7; 1985 c 361 § 8; 1980 c 177 § 9.]
Savings—1985 c 361: See note following RCW 74.46.020.
74.46.091
74.46.091 Additional reporting requirements for
quality maintenance fee. (Contingent expiration date.) (1)
By July 1st of each year, each nursing facility operator shall
file a report with the department of social and health services
listing the patient days and the gross income for the prior calendar year for each nursing facility that he or she operates.
(2) By August 1, 2003, the department of social and
health services shall submit for approval to the federal
department of health and human services a request for a
waiver pursuant to 42 C.F.R. 433.68. The waiver shall identify the nursing facilities that the department proposes to
exempt from the quality maintenance fee. Those facilities
shall include at least:
(a) Nursing facilities operated by any agency of the state
of Washington;
(b) Nursing facilities operated by a public hospital district; and
(c) As many nursing facilities with no or disproportionately low numbers of medicaid-funded residents as, within
the judgment of the department, may be exempted from the
fee pursuant to 42 C.F.R. 433.68.
(3) The department of social and health services shall
notify the department of revenue and the nursing facility
(2004 Ed.)
Nursing Facility Medicaid Payment System
operator of the nursing facilities that would be exempted
from the quality maintenance fee pursuant to the waiver
request submitted to the federal department of health and
human services. The nursing facilities included in the waiver
request may withhold payment of the fee pending final action
by the federal government on the request for waiver.
(4) If the request for waiver is approved, the department
of social and health services shall notify the department of
revenue and the nursing facility operator that no quality
maintenance fee is due from the facility. If the request for
waiver is denied, nursing facility operators who have withheld payment of the fee shall pay all such fees as have been
withheld. No interest or penalties shall be due upon such
withheld payments for the period during which final federal
action was pending.
(5) The department of social and health services shall
take whatever action is necessary to continue the waiver from
the federal government.
(6) The department of social and health services may
adopt such rules, in accordance with chapter 34.05 RCW, as
necessary to provide for effective administration of this section and RCW 74.46.535. [2003 1st sp.s. c 16 § 4.]
Contingent expiration date—Severability—Effective date—2003
1st sp.s. c 16: See notes following RCW 82.71.020.
PART B
AUDIT
74.46.100
74.46.100 Purposes of department audits—Examination—Incomplete or incorrect reports—Contractor's
duties—Access to facility—Fines—Adverse rate actions.
(1) The purposes of department audits under this chapter are
to ascertain, through department audit of the financial and
statistical records of the contractor's nursing facility operation, that:
(a) Allowable costs for each year for each medicaid nursing facility are accurately reported;
(b) Cost reports accurately reflect the true financial condition, revenues, expenditures, equity, beneficial ownership,
related party status, and records of the contractor;
(c) The contractor's revenues, expenditures, and costs of
the building, land, land improvements, building improvements, and movable and fixed equipment are recorded in
compliance with department requirements, instructions, and
generally accepted accounting principles; and
(d) The responsibility of the contractor has been met in
the maintenance and disbursement of patient trust funds.
(2) The department shall examine the submitted cost
report, or a portion thereof, of each contractor for each nursing facility for each report period to determine if the information is correct, complete, reported in conformance with
department instructions and generally accepted accounting
principles, the requirements of this chapter, and rules as the
department may adopt. The department shall determine the
scope of the examination.
(3) If the examination finds that the cost report is incorrect or incomplete, the department may make adjustments to
the reported information for purposes of establishing component rate allocations or in determining amounts to be recovered in direct care, therapy care, and support services under
RCW 74.46.165 (3) and (4) or in any component rate result(2004 Ed.)
74.46.100
ing from undocumented or misreported costs. A schedule of
the adjustments shall be provided to the contractor, including
dollar amount and explanations for the adjustments. Adjustments shall be subject to review if desired by the contractor
under the appeals or exception procedure established by the
department.
(4) Examinations of resident trust funds and receivables
shall be reported separately and in accordance with the provisions of this chapter and rules adopted by the department.
(5) The contractor shall:
(a) Provide access to the nursing facility, all financial
and statistical records, and all working papers that are in support of the cost report, receivables, and resident trust funds.
To ensure accuracy, the department may require the contractor to submit for departmental review any underlying financial statements or other records, including income tax returns,
relating to the cost report directly or indirectly;
(b) Prepare a reconciliation of the cost report with (i)
applicable federal income and federal and state payroll tax
returns; and (ii) the records for the period covered by the cost
report;
(c) Make available to the department's auditor an individual or individuals to respond to questions and requests for
information from the auditor. The designated individual or
individuals shall have sufficient knowledge of the issues,
operations, or functions to provide accurate and reliable
information.
(6) If an examination discloses material discrepancies,
undocumented costs, or mishandling of resident trust funds,
the department may open or reopen one or both of the two
preceding cost report or resident trust fund periods, whether
examined or unexamined, for indication of similar discrepancies, undocumented costs, or mishandling of resident trust
funds.
(7) Any assets, liabilities, revenues, or expenses reported
as allowable that are not supported by adequate documentation in the contractor's records shall be disallowed. Documentation must show both that costs reported were incurred
during the period covered by the report and were related to
resident care, and that assets reported were used in the provision of resident care.
(8) When access is required at the facility or at another
location in the state, the department shall notify a contractor
of its intent to examine all financial and statistical records,
and all working papers that are in support of the cost report,
receivables, and resident trust funds.
(9) The department is authorized to assess civil fines and
take adverse rate action if a contractor, or any of its employees, does not allow access to the contractor's nursing facility
records.
(10) Part B of this chapter, and rules adopted by the
department pursuant thereto prior to January 1, 1998, shall
continue to govern the medicaid nursing facility audit process
for periods prior to January 1, 1997, as if these statutes and
rules remained in full force and effect. [1998 c 322 § 8; 1985
c 361 § 9; 1983 1st ex.s. c 67 § 4; 1980 c 177 § 10.]
Savings—1985 c 361: See note following RCW 74.46.020.
[Title 74 RCW—page 171]
74.46.155
Title 74 RCW: Public Assistance
PART C
SETTLEMENT
74.46.155
74.46.155 Reconciliation of medicaid resident days to
billed days and medicaid payments—Payments due—
Accrued interest—Withholding funds. (1) The department
shall reconcile medicaid resident days to billed days and
medicaid payments for each medicaid nursing facility for the
preceding calendar year, or for that portion of the calendar
year the provider's contract was in effect.
(2) The contractor shall make any payment owed the
department, determined by the process of reconciliation, by
the process of settlement at the lower of cost or rate in direct
care, therapy care, and support services component rate allocations, as authorized in this chapter, within sixty days after
notification and demand for payment is sent to the contractor.
(3) The department shall make any payment due the contractor within sixty days after it determines the underpayment
exists and notification is sent to the contractor.
(4) Interest at the rate of one percent per month accrues
against the department or the contractor on an unpaid balance
existing sixty days after notification is sent to the contractor.
Accrued interest shall be adjusted back to the date it began to
accrue if the payment obligation is subsequently revised after
administrative or judicial review.
(5) The department is authorized to withhold funds from
the contractor's payment for services, and to take all other
actions authorized by law, to recover amounts due and payable from the contractor, including any accrued interest. Neither a timely filed request to pursue any administrative
appeals or exception procedure that the department may
establish in rule, nor commencement of judicial review as
may be available to the contractor in law, to contest a payment obligation determination shall delay recovery from the
contractor or payment to the contractor. [1998 c 322 § 9.]
74.46.165
74.46.165 Proposed settlement report—Payment
refunds—Overpayments—Determination of unused rate
funds—Total and component payment rates. (1) Contractors shall be required to submit with each annual nursing
facility cost report a proposed settlement report showing
underspending or overspending in each component rate during the cost report year on a per-resident day basis. The
department shall accept or reject the proposed settlement
report, explain any adjustments, and issue a revised settlement report if needed.
(2) Contractors shall not be required to refund payments
made in the operations, variable return, property, and financing allowance component rates in excess of the adjusted costs
of providing services corresponding to these components.
(3) The facility will return to the department any overpayment amounts in each of the direct care, therapy care, and
support services rate components that the department identifies following the audit and settlement procedures as
described in this chapter, provided that the contractor may
retain any overpayment that does not exceed 1.0% of the
facility's direct care, therapy care, and support services component rate. However, no overpayments may be retained in a
cost center to which savings have been shifted to cover a deficit, as provided in subsection (4) of this section. Facilities
[Title 74 RCW—page 172]
that are not in substantial compliance for more than ninety
days, and facilities that provide substandard quality of care at
any time, during the period for which settlement is being calculated, will not be allowed to retain any amount of overpayment in the facility's direct care, therapy care, and support
services component rate. The terms "not in substantial compliance" and "substandard quality of care" shall be defined by
federal survey regulations.
(4) Determination of unused rate funds, including the
amounts of direct care, therapy care, and support services to
be recovered, shall be done separately for each component
rate, and, except as otherwise provided in this subsection,
neither costs nor rate payments shall be shifted from one
component rate or corresponding service area to another in
determining the degree of underspending or recovery, if any.
In computing a preliminary or final settlement, savings in the
support services cost center shall be shifted to cover a deficit
in the direct care or therapy cost centers up to the amount of
any savings, but no more than twenty percent of the support
services component rate may be shifted. In computing a preliminary or final settlement, savings in direct care and therapy care may be shifted to cover a deficit in these two cost
centers up to the amount of savings in each, regardless of the
percentage of either component rate shifted. Contractorretained overpayments up to one percent of direct care, therapy care, and support services rate components, as authorized
in subsection (3) of this section, shall be calculated and
applied after all shifting is completed.
(5) Total and component payment rates assigned to a
nursing facility, as calculated and revised, if needed, under
the provisions of this chapter and those rules as the department may adopt, shall represent the maximum payment for
nursing facility services rendered to medicaid recipients for
the period the rates are in effect. No increase in payment to a
contractor shall result from spending above the total payment
rate or in any rate component.
(6) *RCW 74.46.150 through 74.46.180, and rules
adopted by the department prior to July 1, 1998, shall continue to govern the medicaid settlement process for periods
prior to October 1, 1998, as if these statutes and rules
remained in full force and effect.
(7) For calendar year 1998, the department shall calculate split settlements covering January 1, 1998, through September 30, 1998, and October 1, 1998, through December 31,
1998. For the period beginning October 1, 1998, rules specified in this chapter shall apply. The department shall, by rule,
determine the division of calendar year 1998 adjusted costs
for settlement purposes. [2001 1st sp.s. c 8 § 2; 1998 c 322 §
10.]
*Reviser's note: RCW 74.46.150 through 74.46.180 were repealed by
1998 c 322 § 52, effective July 1, 1998.
Severability—Effective dates—2001 1st sp.s. c 8: See notes following RCW 74.46.020.
PART D
ALLOWABLE COSTS
74.46.190
74.46.190 Principles of allowable costs. (1) The substance of a transaction will prevail over its form.
(2) All documented costs which are ordinary, necessary,
related to care of medical care recipients, and not expressly
(2004 Ed.)
Nursing Facility Medicaid Payment System
unallowable under this chapter or department rule, are to be
allowable. Costs of providing therapy care are allowable,
subject to any applicable limit contained in this chapter, provided documentation establishes the costs were incurred for
medical care recipients and other sources of payment to
which recipients may be legally entitled, such as private
insurance or medicare, were first fully utilized.
(3) The payment for property usage is to be independent
of ownership structure and financing arrangements.
(4) Allowable costs shall not include costs reported by a
contractor for a prior period to the extent such costs, due to
statutory exemption, will not be incurred by the nursing facility in the period to be covered by the rate.
(5) Any costs deemed allowable under this chapter are
subject to the provisions of RCW 74.46.421. The allowability
of a cost shall not be construed as creating a legal right or
entitlement to reimbursement of the cost. [1998 c 322 § 11;
1995 1st sp.s. c 18 § 96; 1983 1st ex.s. c 67 § 12; 1980 c 177
§ 19.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.46.200
74.46.200 Offset of miscellaneous revenues. (1)
Allowable costs shall be reduced by the contractor whenever
the item, service, or activity covered by such costs generates
revenue or financial benefits other than through the contractor's normal billing for care services; except that, unrestricted
grants, gifts, and endowments, and interest therefrom, will
not be deducted from the allowable costs of a nonprofit facility.
(2) Where goods or services are sold, the amount of the
reduction shall be the actual cost relating to the item, service,
or activity. In the absence of adequate documentation of cost,
it shall be the full amount of the revenue received. Where
financial benefits such as purchase discounts or rebates are
received, the amount of the reduction shall be the amount of
the discount or rebate. [1980 c 177 § 20.]
74.46.220
74.46.220 Payments to related organizations—Limits—Documentation. (1) Costs applicable to services, facilities, and supplies furnished by a related organization to the
contractor shall be allowable only to the extent they do not
exceed the lower of the cost to the related organization or the
price of comparable services, facilities, or supplies purchased
elsewhere.
(2) Documentation of costs to the related organization
shall be made available to the department. Payments to or for
the benefit of the related organization will be disallowed
where the cost to the related organization cannot be documented. [1998 c 322 § 12; 1980 c 177 § 22.]
74.46.230
74.46.230 Initial cost of operation. (1) The necessary
and ordinary one-time expenses directly incident to the preparation of a newly constructed or purchased building by a
contractor for operation as a licensed facility shall be allowable costs. These expenses shall be limited to start-up and
organizational costs incurred prior to the admission of the
first patient.
(2) Start-up costs shall include, but not be limited to,
administrative and nursing salaries, utility costs, taxes, insur(2004 Ed.)
74.46.270
ance, repairs and maintenance, and training; except, that they
shall exclude expenditures for capital assets. These costs will
be allowable in the operations cost center if they are amortized over a period of not less than sixty months beginning
with the month in which the first patient is admitted for care.
(3) Organizational costs are those necessary, ordinary,
and directly incident to the creation of a corporation or other
form of business of the contractor including, but not limited
to, legal fees incurred in establishing the corporation or other
organization and fees paid to states for incorporation; except,
that they do not include costs relating to the issuance and sale
of shares of capital stock or other securities. Such organizational costs will be allowable in the operations cost center if
they are amortized over a period of not less than sixty months
beginning with the month in which the first patient is admitted for care. [1998 c 322 § 13; 1993 sp.s. c 13 § 3; 1980 c 177
§ 23.]
Effective date—1993 sp.s. c 13: See note following RCW 74.46.020.
74.46.240
74.46.240 Education and training. (1) Necessary and
ordinary expenses of on-the-job training and in-service training required for employee orientation and certification training directly related to the performance of duties assigned will
be allowable costs.
(2) Necessary and ordinary expenses of recreational and
social activity training conducted by the contractor for volunteers will be allowable costs. [1980 c 177 § 24.]
74.46.250
74.46.250 Owner or relative—Compensation. (1)
Total compensation of an owner or relative of an owner shall
be limited to ordinary compensation for necessary services
actually performed.
(a) Compensation is ordinary if it is the amount usually
paid for comparable services in a comparable facility to an
unrelated employee, and does not exceed limits set out in this
chapter.
(b) A service is necessary if it is related to patient care
and would have had to be performed by another person if the
owner or relative had not done it.
(2) The contractor, in maintaining customary time
records adequate for audit, shall include such records for
owners and relatives who receive compensation. [1980 c 177
§ 25.]
74.46.270
74.46.270 Disclosure and approval or rejection of
cost allocation. (1) The contractor shall disclose to the
department:
(a) The nature and purpose of all costs which represent
allocations of joint facility costs; and
(b) The methodology of the allocation utilized.
(2) Such disclosure shall demonstrate that:
(a) The services involved are necessary and nonduplicative; and
(b) Costs are allocated in accordance with benefits
received from the resources represented by those costs.
(3) Such disclosure shall be made not later than September 30th for the following calendar year; except that a new
contractor shall submit the first year's disclosure at least sixty
days prior to the date the new contract becomes effective.
[Title 74 RCW—page 173]
74.46.280
Title 74 RCW: Public Assistance
(4) The department shall by December 31st, for all disclosures that are complete and timely submitted, either
approve or reject the disclosure. The department may request
additional information or clarification.
(5) Acceptance of a disclosure or approval of a joint cost
methodology by the department may not be construed as a
determination that the allocated costs are allowable in whole
or in part. However, joint facility costs not disclosed, allocated, and reported in conformity with this section and
department rules are unallowable.
(6) An approved methodology may be revised or
amended subject to approval as provided in rules and regulations adopted by the department. [1998 c 322 § 14; 1983 1st
ex.s. c 67 § 13; 1980 c 177 § 27.]
74.46.280
74.46.280 Management fees, agreements—Limitation on scope of services. (1) Management fees will be
allowed only if:
(a) A written management agreement both creates a principal/agent relationship between the contractor and the manager, and sets forth the items, services, and activities to be
provided by the manager; and
(b) Documentation demonstrates that the services contracted for were actually delivered.
(2) To be allowable, fees must be for necessary, nonduplicative services.
(3) A management fee paid to or for the benefit of a
related organization will be allowable to the extent it does not
exceed the lower of the actual cost to the related organization
of providing necessary services related to patient care under
the agreement or the cost of comparable services purchased
elsewhere. Where costs to the related organization represent
joint facility costs, the measurement of such costs shall comply with RCW 74.46.270.
(4) A copy of the agreement must be received by the
department at least sixty days before it is to become effective.
A copy of any amendment to a management agreement must
also be received by the department at least thirty days in
advance of the date it is to become effective. Failure to meet
these deadlines will result in the unallowability of cost
incurred more than sixty days prior to submitting a management agreement and more than thirty days prior to submitting
an amendment.
(5) The scope of services to be performed under a management agreement cannot be so extensive that the manager
or managing entity is substituted for the contractor in fact,
substantially relieving the contractor/licensee of responsibility for operating the facility. [1998 c 322 § 15; 1993 sp.s. c
13 § 4; 1980 c 177 § 28.]
Effective date—1993 sp.s. c 13: See note following RCW 74.46.020.
74.46.290
74.46.290 Expense for construction interest. (1)
Interest expense and loan origination fees relating to construction of a facility incurred during the period of construction shall be capitalized and amortized over the life of the
facility pursuant to RCW 74.46.360. The period of construction shall extend from the date of the construction loan to the
date the facility is put into service for patient care.
(2) For the purposes of this chapter, the period provided
for in subsection (1) of this section shall not exceed the
[Title 74 RCW—page 174]
project certificate of need time period pursuant to RCW
70.38.125. [1980 c 177 § 29.]
74.46.300
74.46.300 Operating leases of office equipment—
Rules. Rental or lease costs under arm's-length operating
leases of office equipment shall be allowable to the extent the
cost is necessary and ordinary. The department may adopt
rules to limit the allowability of office equipment leasing
expenses. [1998 c 322 § 16; 1980 c 177 § 30.]
Effective dates—1980 c 177: See RCW 74.46.901.
74.46.310
74.46.310 Capitalization. The following costs shall be
capitalized:
(1) Expenses for facilities or equipment with historical
cost in excess of seven hundred fifty dollars per unit and a
useful life of more than one year from the date of purchase;
and
(2) Expenses for equipment with historical cost of seven
hundred fifty dollars or less per unit if either:
(a) The item was acquired in a group purchase where the
total cost exceeded seven hundred fifty dollars; or
(b) The item was part of the initial stock of the facility.
(3) Dollar limits in this section may be adjusted for economic trends and conditions by the department as established
by rule and regulation. [1983 1st ex.s. c 67 § 16; 1980 c 177
§ 31.]
74.46.320
74.46.320 Depreciation expense. Depreciation
expense on depreciable assets which are required in the regular course of providing patient care will be an allowable cost.
It shall be computed using the depreciation base, lives, and
methods specified in this chapter. [1980 c 177 § 32.]
74.46.330
74.46.330 Depreciable assets. Tangible assets of the
following types in which a contractor has an interest through
ownership or leasing are subject to depreciation:
(1) Building - the basic structure or shell and additions
thereto;
(2) Building fixed equipment - attachments to buildings,
including, but not limited to, wiring, electrical fixtures,
plumbing, elevators, heating system, and air conditioning
system. The general characteristics of this equipment are:
(a) Affixed to the building and not subject to transfer;
and
(b) A fairly long life, but shorter than the life of the
building to which affixed;
(3) Major movable equipment including, but not limited
to, beds, wheelchairs, desks, and x-ray machines. The general
characteristics of this equipment are:
(a) A relatively fixed location in the building;
(b) Capable of being moved as distinguished from building equipment;
(c) A unit cost sufficient to justify ledger control;
(d) Sufficient size and identity to make control feasible
by means of identification tags; and
(e) A minimum life greater than one year;
(4) Minor equipment including, but not limited to, waste
baskets, bed pans, syringes, catheters, silverware, mops, and
buckets which are properly capitalized. No depreciation shall
be taken on items which are not properly capitalized as
(2004 Ed.)
Nursing Facility Medicaid Payment System
directed in RCW 74.46.310. The general characteristics of
minor equipment are:
(a) In general, no fixed location and subject to use by
various departments;
(b) Small in size and unit cost;
(c) Subject to inventory control;
(d) Large number in use; and
(e) Generally, a useful life of one to three years;
(5) Land improvements including, but not limited to,
paving, tunnels, underpasses, on-site sewer and water lines,
parking lots, shrubbery, fences, and walls where replacement
is the responsibility of the contractor; and
(6) Leasehold improvements - betterments and additions
made by the lessee to the leased property, which become the
property of the lessor after the expiration of the lease. [1980
c 177 § 33.]
74.46.340
74.46.340 Land, improvements—Depreciation. Land
is not depreciable. The cost of land includes but is not limited
to, off-site sewer and water lines, public utility charges necessary to service the land, governmental assessments for
street paving and sewers, the cost of permanent roadways and
grading of a nondepreciable nature, and the cost of curbs and
sidewalks, replacement of which is not the responsibility of
the contractor. [1980 c 177 § 34.]
74.46.350
74.46.350 Methods of depreciation. (1) Buildings,
land improvements, and fixed equipment shall be depreciated
using the straight-line method of depreciation. For new or
replacement building construction or for major renovations,
either of which receives certificate of need approval or certificate of need exemption under chapter 70.38 RCW on or after
July 1, 1999, the number of years used to depreciate fixed
equipment shall be the same number of years as the life of the
building to which it is affixed. Major-minor equipment shall
be depreciated using either the straight-line method, the sumof-the-years' digits method, or declining balance method not
to exceed one hundred fifty percent of the straight line rate.
Contractors who have elected to take either the sum-of-theyears' digits method or the declining balance method of
depreciation on major-minor equipment may change to the
straight-line method without permission of the department.
(2) The annual provision for depreciation shall be
reduced by the portion allocable to use of the asset for purposes which are neither necessary nor related to patient care.
(3) No further depreciation shall be claimed after an
asset has been fully depreciated unless a new depreciation
base is established pursuant to RCW 74.46.360. [1999 c 353
§ 13; 1980 c 177 § 35.]
Effective dates—1999 c 353: See note following RCW 74.46.020.
74.46.360
74.46.360 Cost basis of land and depreciation base of
depreciable assets. (1) For all partial or whole rate periods
after December 31, 1984, the cost basis of land and depreciation base of depreciable assets shall be the historical cost of
the contractor or lessor, when the assets are leased by the contractor, in acquiring the asset in an arm's-length transaction
and preparing it for use, less goodwill, and less accumulated
depreciation, if applicable, which has been incurred during
periods that the assets have been used in or as a facility by
(2004 Ed.)
74.46.360
any contractor, such accumulated depreciation to be measured in accordance with subsections (4), (5), and (6) of this
section and *RCW 74.46.350 and 74.46.370. If the department challenges the historical cost of an asset, or if the contractor cannot or will not provide the historical costs, the
department will have the department of general administration, through an appraisal procedure, determine the fair market value of the assets at the time of purchase. The cost basis
of land and depreciation base of depreciable assets will not
exceed such fair market value.
(2) For new or replacement building construction or for
substantial building additions requiring the acquisition of
land and which commenced to operate on or after July 1,
1997, the department shall determine allowable land costs of
the additional land acquired for the replacement construction
or building additions to be the lesser of:
(a) The contractor's or lessor's actual cost per square
foot; or
(b) The square foot land value as established by an
appraisal that meets the latest publication of the Uniform
Standards of Professional Appraisal Practice (USPAP) and
the financial institutions reform, recovery, and enhancement
act (FIRREA).
(3) Subject to the provisions of subsection (2) of this section, if, in the course of financing a project, an arm's-length
lender has ordered a Uniform Standards of Professional
Appraisal Practice appraisal on the land that meets financial
institutions reform, recovery, and enhancement act standards
and the arm's-length lender has accepted the ordered
appraisal, the department shall accept the appraisal value as
allowable land costs for calculation of payment.
If the contractor or lessor is unable or unwilling to provide or cause to be provided to the department, or the department is unable to obtain from the arm's-length lender, a
lender-approved appraisal that meets the standards of the
Uniform Standards of Professional Appraisal Practice and
financial institutions reform, recovery, and enhancement act,
the department shall order such an appraisal and accept the
appraisal as the allowable land costs. If the department orders
the Uniform Standards of Professional Appraisal Practice and
financial institutions reform, recovery, and enhancement act
appraisal, the contractor shall immediately reimburse the
department for the costs incurred.
(4) The historical cost of depreciable and nondepreciable
donated assets, or of depreciable and nondepreciable assets
received through testate or intestate distribution, shall be the
lesser of:
(a) Fair market value at the date of donation or death; or
(b) The historical cost base of the owner last contracting
with the department, if any.
(5) Estimated salvage value of acquired, donated, or
inherited assets shall be deducted from historical cost where
the straight-line or sum-of-the-years' digits method of depreciation is used.
(6)(a) For facilities, other than those described under
subsection (2) of this section, operating prior to July 1, 1997,
where land or depreciable assets are acquired that were used
in the medical care program subsequent to January 1, 1980,
the cost basis or depreciation base of the assets will not
exceed the net book value which did exist or would have
existed had the assets continued in use under the previous
[Title 74 RCW—page 175]
74.46.370
Title 74 RCW: Public Assistance
contract with the department; except that depreciation shall
not be assumed to accumulate during periods when the assets
were not in use in or as a facility.
(b) The provisions of (a) of this subsection shall not
apply to the most recent arm's-length acquisition if it occurs
at least ten years after the ownership of the assets has been
previously transferred in an arm's-length transaction nor to
the first arm's-length acquisition that occurs after January 1,
1980, for facilities participating in the medical care program
prior to January 1, 1980. The new cost basis or depreciation
base for such acquisitions shall not exceed the fair market
value of the assets as determined by the department of general administration through an appraisal procedure. A determination by the department of general administration of fair
market value shall be final unless the procedure used to make
such determination is shown to be arbitrary and capricious.
For all partial or whole rate periods after July 17, 1984, this
subsection is inoperative for any transfer of ownership of any
asset, depreciable or nondepreciable, occurring on or after
July 18, 1984, leaving (a) of this subsection to apply alone to
such transfers: PROVIDED, HOWEVER, That this subsection shall apply to transfers of ownership of assets occurring
prior to January 1, 1985, if the costs of such assets have never
been reimbursed under medicaid cost reimbursement on an
owner-operated basis or as a related-party lease: PROVIDED FURTHER, That for any contractor that can document in writing an enforceable agreement for the purchase of
a nursing home dated prior to July 18, 1984, and submitted to
the department prior to January 1, 1988, the cost basis of
allowable land and the depreciation base of the nursing home,
for rates established after July 18, 1984, shall not exceed the
fair market value of the assets at the date of purchase as determined by the department of general administration through
an appraisal procedure. For medicaid cost reimbursement
purposes, an agreement to purchase a nursing home dated
prior to July 18, 1984, is enforceable, even though such
agreement contains no legal description of the real property
involved, notwithstanding the statute of frauds or any other
provision of law.
(c) In the case of land or depreciable assets leased by the
same contractor since January 1, 1980, in an arm's-length
lease, and purchased by the lessee/contractor, the lessee/contractor shall have the option:
(i) To have the provisions of subsection (b) of this section apply to the purchase; or
(ii) To have the reimbursement for property and financing allowance calculated pursuant to this chapter based upon
the provisions of the lease in existence on the date of the purchase, but only if the purchase date meets one of the following criteria:
(A) The purchase date is after the lessor has declared
bankruptcy or has defaulted in any loan or mortgage held
against the leased property;
(B) The purchase date is within one year of the lease
expiration or renewal date contained in the lease;
(C) The purchase date is after a rate setting for the facility in which the reimbursement rate set pursuant to this chapter no longer is equal to or greater than the actual cost of the
lease; or
(D) The purchase date is within one year of any purchase
option in existence on January 1, 1988.
[Title 74 RCW—page 176]
(d) For all rate periods past or future where land or
depreciable assets are acquired from a related organization,
the contractor's cost basis and depreciation base shall not
exceed the base the related organization had or would have
had under a contract with the department.
(e) Where the land or depreciable asset is a donation or
distribution between related organizations, the cost basis or
depreciation base shall be the lesser of (i) fair market value,
less salvage value, or (ii) the cost basis or depreciation base
the related organization had or would have had for the asset
under a contract with the department. [1999 c 353 § 2; 1997
c 277 § 1; 1991 sp.s. c 8 § 18; 1989 c 372 § 14. Prior: 1988 c
221 § 1; 1988 c 208 § 1; 1986 c 175 § 1; 1980 c 177 § 36.]
*Reviser's note: RCW 74.46.350 and 74.46.370 were repealed by 1999
c 353 § 17, effective June 30, 2001.
Effective dates—1999 c 353: See note following RCW 74.46.020.
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
Effective dates—1980 c 177: See RCW 74.46.901.
74.46.370
74.46.370 Lives of assets. (1) Except for new buildings, major remodels, and major repair projects, as defined in
subsection (2) of this section, the contractor shall use lives
which reflect the estimated actual useful life of the asset and
which shall be no shorter than guideline lives as established
by the department. Lives shall be measured from the date on
which the assets were first used in the medical care program
or from the date of the most recent arm's-length acquisition of
the asset, whichever is more recent. In cases where RCW
74.46.360(6)(a) does apply, the shortest life that may be used
for buildings is the remaining useful life under the prior contract. In all cases, lives shall be extended to reflect periods, if
any, when assets were not used in or as a facility.
(2) Effective July 1, 1997, for asset acquisitions and new
facilities, major remodels, and major repair projects that
begin operations on or after July 1, 1997, the department shall
use the most current edition of Estimated Useful Lives of
Depreciable Hospital Assets, or as it may be renamed, published by the American Hospital Publishing, Inc., an American hospital association company, for determining the useful
life of new buildings, major remodels, and major repair
projects, however, the shortest life that may be used for new
buildings receiving certificate of need approval or certificate
of need exemptions under chapter 70.38 RCW on or after
July 1, 1999, is forty years. New buildings, major remodels,
and major repair projects include those projects that meet or
exceed the expenditure minimum established by the department of health pursuant to chapter 70.38 RCW.
(3) Building improvements, other than major remodels
and major repairs, shall be depreciated over the remaining
useful life of the building, as modified by the improvement.
(4) Improvements to leased property which are the
responsibility of the contractor under the terms of the lease
shall be depreciated over the useful life of the improvement.
(5) A contractor may change the estimate of an asset's
useful life to a longer life for purposes of depreciation.
(6) For new or replacement building construction or for
major renovations, either of which receives certificate of
need approval or certificate of need exemption under chapter
70.38 RCW on or after July 1, 1999, the number of years used
to depreciate fixed equipment shall be the same number of
(2004 Ed.)
Nursing Facility Medicaid Payment System
years as the life of the building to which it is affixed. [1999 c
353 § 14; 1997 c 277 § 2; 1980 c 177 § 37.]
Effective dates—1999 c 353: See note following RCW 74.46.020.
74.46.380
74.46.380 Depreciable assets. (1) Where depreciable
assets are disposed of through sale, trade-in, scrapping,
exchange, theft, wrecking, or fire or other casualty, depreciation shall no longer be taken on the assets. No further depreciation shall be taken on permanently abandoned assets.
(2) Where an asset has been retired from active use but is
being held for stand-by or emergency service, and the department has determined that it is needed and can be effectively
used in the future, depreciation may be taken. [1993 sp.s. c
13 § 5; 1991 sp.s. c 8 § 12; 1980 c 177 § 38.]
Effective date—1993 sp.s. c 13: See note following RCW 74.46.020.
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
74.46.390
74.46.390 Gains and losses upon replacement of
depreciable assets. If the retired asset is replaced, the gain
or loss shall be applied against or added to the cost of the
replacement asset, provided that a loss will only be so applied
if the contractor has made a reasonable effort to recover at
least the outstanding book value of the asset. [1980 c 177 §
39.]
74.46.410
74.46.410 Unallowable costs. (1) Costs will be unallowable if they are not documented, necessary, ordinary, and
related to the provision of care services to authorized
patients.
(2) Unallowable costs include, but are not limited to, the
following:
(a) Costs of items or services not covered by the medical
care program. Costs of such items or services will be unallowable even if they are indirectly reimbursed by the department as the result of an authorized reduction in patient contribution;
(b) Costs of services and items provided to recipients
which are covered by the department's medical care program
but not included in the medicaid per-resident day payment
rate established by the department under this chapter;
(c) Costs associated with a capital expenditure subject to
section 1122 approval (part 100, Title 42 C.F.R.) if the
department found it was not consistent with applicable standards, criteria, or plans. If the department was not given
timely notice of a proposed capital expenditure, all associated
costs will be unallowable up to the date they are determined
to be reimbursable under applicable federal regulations;
(d) Costs associated with a construction or acquisition
project requiring certificate of need approval, or exemption
from the requirements for certificate of need for the replacement of existing nursing home beds, pursuant to chapter
70.38 RCW if such approval or exemption was not obtained;
(e) Interest costs other than those provided by RCW
74.46.290 on and after January 1, 1985;
(f) Salaries or other compensation of owners, officers,
directors, stockholders, partners, principals, participants, and
others associated with the contractor or its home office,
including all board of directors' fees for any purpose, except
reasonable compensation paid for service related to patient
care;
(2004 Ed.)
74.46.410
(g) Costs in excess of limits or in violation of principles
set forth in this chapter;
(h) Costs resulting from transactions or the application of
accounting methods which circumvent the principles of the
payment system set forth in this chapter;
(i) Costs applicable to services, facilities, and supplies
furnished by a related organization in excess of the lower of
the cost to the related organization or the price of comparable
services, facilities, or supplies purchased elsewhere;
(j) Bad debts of non-Title XIX recipients. Bad debts of
Title XIX recipients are allowable if the debt is related to
covered services, it arises from the recipient's required contribution toward the cost of care, the provider can establish that
reasonable collection efforts were made, the debt was actually uncollectible when claimed as worthless, and sound business judgment established that there was no likelihood of
recovery at any time in the future;
(k) Charity and courtesy allowances;
(l) Cash, assessments, or other contributions, excluding
dues, to charitable organizations, professional organizations,
trade associations, or political parties, and costs incurred to
improve community or public relations;
(m) Vending machine expenses;
(n) Expenses for barber or beautician services not
included in routine care;
(o) Funeral and burial expenses;
(p) Costs of gift shop operations and inventory;
(q) Personal items such as cosmetics, smoking materials,
newspapers and magazines, and clothing, except those used
in patient activity programs;
(r) Fund-raising expenses, except those directly related
to the patient activity program;
(s) Penalties and fines;
(t) Expenses related to telephones, radios, and similar
appliances in patients' private accommodations;
(u) Televisions acquired prior to July 1, 2001;
(v) Federal, state, and other income taxes;
(w) Costs of special care services except where authorized by the department;
(x) Expenses of an employee benefit not in fact made
available to all employees on an equal or fair basis, for example, key-man insurance and other insurance or retirement
plans;
(y) Expenses of profit-sharing plans;
(z) Expenses related to the purchase and/or use of private
or commercial airplanes which are in excess of what a prudent contractor would expend for the ordinary and economic
provision of such a transportation need related to patient care;
(aa) Personal expenses and allowances of owners or relatives;
(bb) All expenses of maintaining professional licenses or
membership in professional organizations;
(cc) Costs related to agreements not to compete;
(dd) Amortization of goodwill, lease acquisition, or any
other intangible asset, whether related to resident care or not,
and whether recognized under generally accepted accounting
principles or not;
(ee) Expenses related to vehicles which are in excess of
what a prudent contractor would expend for the ordinary and
economic provision of transportation needs related to patient
care;
[Title 74 RCW—page 177]
74.46.421
Title 74 RCW: Public Assistance
(ff) Legal and consultant fees in connection with a fair
hearing against the department where a decision is rendered
in favor of the department or where otherwise the determination of the department stands;
(gg) Legal and consultant fees of a contractor or contractors in connection with a lawsuit against the department;
(hh) Lease acquisition costs, goodwill, the cost of bed
rights, or any other intangible assets;
(ii) All rental or lease costs other than those provided in
RCW 74.46.300 on and after January 1, 1985;
(jj) Postsurvey charges incurred by the facility as a result
of subsequent inspections under RCW 18.51.050 which
occur beyond the first postsurvey visit during the certification
survey calendar year;
(kk) Compensation paid for any purchased nursing care
services, including registered nurse, licensed practical nurse,
and nurse assistant services, obtained through service contract arrangement in excess of the amount of compensation
paid for such hours of nursing care service had they been paid
at the average hourly wage, including related taxes and benefits, for in-house nursing care staff of like classification at the
same nursing facility, as reported in the most recent cost
report period;
(ll) For all partial or whole rate periods after July 17,
1984, costs of land and depreciable assets that cannot be
reimbursed under the Deficit Reduction Act of 1984 and
implementing state statutory and regulatory provisions;
(mm) Costs reported by the contractor for a prior period
to the extent such costs, due to statutory exemption, will not
be incurred by the contractor in the period to be covered by
the rate;
(nn) Costs of outside activities, for example, costs allocated to the use of a vehicle for personal purposes or related
to the part of a facility leased out for office space;
(oo) Travel expenses outside the states of Idaho, Oregon,
and Washington and the province of British Columbia. However, travel to or from the home or central office of a chain
organization operating a nursing facility is allowed whether
inside or outside these areas if the travel is necessary, ordinary, and related to resident care;
(pp) Moving expenses of employees in the absence of
demonstrated, good-faith effort to recruit within the states of
Idaho, Oregon, and Washington, and the province of British
Columbia;
(qq) Depreciation in excess of four thousand dollars per
year for each passenger car or other vehicle primarily used by
the administrator, facility staff, or central office staff;
(rr) Costs for temporary health care personnel from a
nursing pool not registered with the secretary of the department of health;
(ss) Payroll taxes associated with compensation in
excess of allowable compensation of owners, relatives, and
administrative personnel;
(tt) Costs and fees associated with filing a petition for
bankruptcy;
(uu) All advertising or promotional costs, except reasonable costs of help wanted advertising;
(vv) Outside consultation expenses required to meet
department-required minimum data set completion proficiency;
[Title 74 RCW—page 178]
(ww) Interest charges assessed by any department or
agency of this state for failure to make a timely refund of
overpayments and interest expenses incurred for loans
obtained to make the refunds;
(xx) All home office or central office costs, whether on
or off the nursing facility premises, and whether allocated or
not to specific services, in excess of the median of those
adjusted costs for all facilities reporting such costs for the
most recent report period; and
(yy) Tax expenses that a nursing facility has never
incurred. [2001 1st sp.s. c 8 § 3; 1998 c 322 § 17; 1995 1st
sp.s. c 18 § 97; 1993 sp.s. c 13 § 6; 1991 sp.s. c 8 § 15; 1989
c 372 § 2; 1986 c 175 § 3; 1983 1st ex.s. c 67 § 17; 1980 c 177
§ 41.]
Severability—Effective dates—2001 1st sp.s. c 8: See notes following RCW 74.46.020.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective date—1993 sp.s. c 13: See note following RCW 74.46.020.
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
Effective date—1989 c 372 § 2: "Section 2 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect July 1, 1989." [1989 c 372 § 19.]
PART E
RATE SETTING
74.46.421
74.46.421 Purpose of part E—Nursing facility medicaid payment rates. (1) The purpose of part E of this chapter
is to determine nursing facility medicaid payment rates that,
in the aggregate for all participating nursing facilities, are in
accordance with the biennial appropriations act.
(2)(a) The department shall use the nursing facility medicaid payment rate methodologies described in this chapter to
determine initial component rate allocations for each medicaid nursing facility.
(b) The initial component rate allocations shall be subject to adjustment as provided in this section in order to
assure that the statewide average payment rate to nursing
facilities is less than or equal to the statewide average payment rate specified in the biennial appropriations act.
(3) Nothing in this chapter shall be construed as creating
a legal right or entitlement to any payment that (a) has not
been adjusted under this section or (b) would cause the statewide average payment rate to exceed the statewide average
payment rate specified in the biennial appropriations act.
(4)(a) The statewide average payment rate for any state
fiscal year under the nursing facility payment system,
weighted by patient days, shall not exceed the annual statewide weighted average nursing facility payment rate identified for that fiscal year in the biennial appropriations act.
(b) If the department determines that the weighted average nursing facility payment rate calculated in accordance
with this chapter is likely to exceed the weighted average
nursing facility payment rate identified in the biennial appropriations act, then the department shall adjust all nursing
facility payment rates proportional to the amount by which
the weighted average rate allocations would otherwise
exceed the budgeted rate amount. Any such adjustments shall
only be made prospectively, not retrospectively, and shall be
(2004 Ed.)
Nursing Facility Medicaid Payment System
applied proportionately to each component rate allocation for
each facility. [2001 1st sp.s. c 8 § 4; 1999 c 353 § 3; 1998 c
322 § 18.]
Severability—Effective dates—2001 1st sp.s. c 8: See notes following RCW 74.46.020.
Effective dates—1999 c 353: See note following RCW 74.46.020.
74.46.431
74.46.431 Nursing facility medicaid payment rate
allocations—Components—Minimum wage—Rules. (1)
Effective July 1, 1999, nursing facility medicaid payment
rate allocations shall be facility-specific and shall have seven
components: Direct care, therapy care, support services,
operations, property, financing allowance, and variable
return. The department shall establish and adjust each of
these components, as provided in this section and elsewhere
in this chapter, for each medicaid nursing facility in this state.
(2) All component rate allocations for essential community providers as defined in this chapter shall be based upon a
minimum facility occupancy of eighty-five percent of
licensed beds, regardless of how many beds are set up or in
use. For all facilities other than essential community providers, effective July 1, 2001, component rate allocations in
direct care, therapy care, support services, variable return,
operations, property, and financing allowance shall continue
to be based upon a minimum facility occupancy of eightyfive percent of licensed beds. For all facilities other than
essential community providers, effective July 1, 2002, the
component rate allocations in operations, property, and
financing allowance shall be based upon a minimum facility
occupancy of ninety percent of licensed beds, regardless of
how many beds are set up or in use.
(3) Information and data sources used in determining
medicaid payment rate allocations, including formulas, procedures, cost report periods, resident assessment instrument
formats, resident assessment methodologies, and resident
classification and case mix weighting methodologies, may be
substituted or altered from time to time as determined by the
department.
(4)(a) Direct care component rate allocations shall be
established using adjusted cost report data covering at least
six months. Adjusted cost report data from 1996 will be used
for October 1, 1998, through June 30, 2001, direct care component rate allocations; adjusted cost report data from 1999
will be used for July 1, 2001, through June 30, 2005, direct
care component rate allocations.
(b) Direct care component rate allocations based on 1996
cost report data shall be adjusted annually for economic
trends and conditions by a factor or factors defined in the
biennial appropriations act. A different economic trends and
conditions adjustment factor or factors may be defined in the
biennial appropriations act for facilities whose direct care
component rate is set equal to their adjusted June 30, 1998,
rate, as provided in RCW 74.46.506(5)(i).
(c) Direct care component rate allocations based on 1999
cost report data shall be adjusted annually for economic
trends and conditions by a factor or factors defined in the
biennial appropriations act. A different economic trends and
conditions adjustment factor or factors may be defined in the
biennial appropriations act for facilities whose direct care
component rate is set equal to their adjusted June 30, 1998,
rate, as provided in RCW 74.46.506(5)(i).
(2004 Ed.)
74.46.431
(5)(a) Therapy care component rate allocations shall be
established using adjusted cost report data covering at least
six months. Adjusted cost report data from 1996 will be used
for October 1, 1998, through June 30, 2001, therapy care
component rate allocations; adjusted cost report data from
1999 will be used for July 1, 2001, through June 30, 2005,
therapy care component rate allocations.
(b) Therapy care component rate allocations shall be
adjusted annually for economic trends and conditions by a
factor or factors defined in the biennial appropriations act.
(6)(a) Support services component rate allocations shall
be established using adjusted cost report data covering at
least six months. Adjusted cost report data from 1996 shall
be used for October 1, 1998, through June 30, 2001, support
services component rate allocations; adjusted cost report data
from 1999 shall be used for July 1, 2001, through June 30,
2005, support services component rate allocations.
(b) Support services component rate allocations shall be
adjusted annually for economic trends and conditions by a
factor or factors defined in the biennial appropriations act.
(7)(a) Operations component rate allocations shall be
established using adjusted cost report data covering at least
six months. Adjusted cost report data from 1996 shall be
used for October 1, 1998, through June 30, 2001, operations
component rate allocations; adjusted cost report data from
1999 shall be used for July 1, 2001, through June 30, 2005,
operations component rate allocations.
(b) Operations component rate allocations shall be
adjusted annually for economic trends and conditions by a
factor or factors defined in the biennial appropriations act.
(8) For July 1, 1998, through September 30, 1998, a
facility's property and return on investment component rates
shall be the facility's June 30, 1998, property and return on
investment component rates, without increase. For October
1, 1998, through June 30, 1999, a facility's property and
return on investment component rates shall be rebased utilizing 1997 adjusted cost report data covering at least six
months of data.
(9) Total payment rates under the nursing facility medicaid payment system shall not exceed facility rates charged to
the general public for comparable services.
(10) Medicaid contractors shall pay to all facility staff a
minimum wage of the greater of the state minimum wage or
the federal minimum wage.
(11) The department shall establish in rule procedures,
principles, and conditions for determining component rate
allocations for facilities in circumstances not directly
addressed by this chapter, including but not limited to: The
need to prorate inflation for partial-period cost report data,
newly constructed facilities, existing facilities entering the
medicaid program for the first time or after a period of
absence from the program, existing facilities with expanded
new bed capacity, existing medicaid facilities following a
change of ownership of the nursing facility business, facilities banking beds or converting beds back into service, facilities temporarily reducing the number of set-up beds during a
remodel, facilities having less than six months of either resident assessment, cost report data, or both, under the current
contractor prior to rate setting, and other circumstances.
(12) The department shall establish in rule procedures,
principles, and conditions, including necessary threshold
[Title 74 RCW—page 179]
74.46.433
Title 74 RCW: Public Assistance
costs, for adjusting rates to reflect capital improvements or
new requirements imposed by the department or the federal
government. Any such rate adjustments are subject to the
provisions of RCW 74.46.421.
(13) Effective July 1, 2001, medicaid rates shall continue
to be revised downward in all components, in accordance
with department rules, for facilities converting banked beds
to active service under chapter 70.38 RCW, by using the
facility's increased licensed bed capacity to recalculate minimum occupancy for rate setting. However, for facilities other
than essential community providers which bank beds under
chapter 70.38 RCW, after May 25, 2001, medicaid rates shall
be revised upward, in accordance with department rules, in
direct care, therapy care, support services, and variable return
components only, by using the facility's decreased licensed
bed capacity to recalculate minimum occupancy for rate setting, but no upward revision shall be made to operations,
property, or financing allowance component rates.
(14) Facilities obtaining a certificate of need or a certificate of need exemption under chapter 70.38 RCW after June
30, 2001, must have a certificate of capital authorization in
order for (a) the depreciation resulting from the capitalized
addition to be included in calculation of the facility's property
component rate allocation; and (b) the net invested funds
associated with the capitalized addition to be included in calculation of the facility's financing allowance rate allocation.
[2004 c 276 § 913; 2001 1st sp.s. c 8 § 5; 1999 c 353 § 4; 1998
c 322 § 19.]
Severability—Effective date—2004 c 276: See notes following RCW
43.330.167.
Severability—Effective dates—2001 1st sp.s. c 8: See notes following RCW 74.46.020.
Effective dates—1999 c 353: See note following RCW 74.46.020.
74.46.433
74.46.433 Variable return component rate allocation. (1) The department shall establish for each medicaid
nursing facility a variable return component rate allocation.
In determining the variable return allowance:
(a) The variable return array and percentage shall be
assigned whenever rebasing of noncapital rate allocations is
scheduled under RCW 46.46.431 [74.46.431] (4), (5), (6),
and (7).
(b) To calculate the array of facilities for the July 1,
2001, rate setting, the department, without using peer groups,
shall first rank all facilities in numerical order from highest to
lowest according to each facility's examined and documented, but unlidded, combined direct care, therapy care,
support services, and operations per resident day cost from
the 1999 cost report period. However, before being combined
with other per resident day costs and ranked, a facility's direct
care cost per resident day shall be adjusted to reflect its facility average case mix index, to be averaged from the four calendar quarters of 1999, weighted by the facility's resident
days from each quarter, under RCW 74.46.501(7)(b)(ii). The
array shall then be divided into four quartiles, each containing, as nearly as possible, an equal number of facilities, and
four percent shall be assigned to facilities in the lowest quartile, three percent to facilities in the next lowest quartile, two
percent to facilities in the next highest quartile, and one percent to facilities in the highest quartile.
[Title 74 RCW—page 180]
(c) The department shall, subject to (d) of this subsection, compute the variable return allowance by multiplying a
facility's assigned percentage by the sum of the facility's
direct care, therapy care, support services, and operations
component rates determined in accordance with this chapter
and rules adopted by the department.
(d) Effective July 1, 2001, if a facility's examined and
documented direct care cost per resident day for the preceding report year is lower than its average direct care component rate weighted by medicaid resident days for the same
year, the facility's direct care cost shall be substituted for its
July 1, 2001, direct care component rate, and its variable
return component rate shall be determined or adjusted each
July 1st by multiplying the facility's assigned percentage by
the sum of the facility's July 1, 2001, therapy care, support
services, and operations component rates, and its direct care
cost per resident day for the preceding year.
(2) The variable return rate allocation calculated in
accordance with this section shall be adjusted to the extent
necessary to comply with RCW 74.46.421. [2001 1st sp.s. c
8 § 6; 1999 c 353 § 9.]
Severability—Effective dates—2001 1st sp.s. c 8: See notes following RCW 74.46.020.
Effective dates—1999 c 353: See note following RCW 74.46.020.
74.46.435
74.46.435 Property component rate allocation. (1)
Effective July 1, 2001, the property component rate allocation for each facility shall be determined by dividing the sum
of the reported allowable prior period actual depreciation,
subject to RCW 74.46.310 through 74.46.380, adjusted for
any capitalized additions or replacements approved by the
department, and the retained savings from such cost center,
by the greater of a facility's total resident days for the facility
in the prior period or resident days as calculated on eightyfive percent facility occupancy. Effective July 1, 2002, the
property component rate allocation for all facilities, except
essential community providers, shall be set by using the
greater of a facility's total resident days from the most recent
cost report period or resident days calculated at ninety percent facility occupancy. If a capitalized addition or retirement
of an asset will result in a different licensed bed capacity during the ensuing period, the prior period total resident days
used in computing the property component rate shall be
adjusted to anticipated resident day level.
(2) A nursing facility's property component rate allocation shall be rebased annually, effective July 1st, in accordance with this section and this chapter.
(3) When a certificate of need for a new facility is
requested, the department, in reaching its decision, shall take
into consideration per-bed land and building construction
costs for the facility which shall not exceed a maximum to be
established by the secretary.
(4) Effective July 1, 2001, for the purpose of calculating
a nursing facility's property component rate, if a contractor
has elected to bank licensed beds prior to April 1, 2001, or
elects to convert banked beds to active service at any time,
under chapter 70.38 RCW, the department shall use the facility's new licensed bed capacity to recalculate minimum occupancy for rate setting and revise the property component rate,
as needed, effective as of the date the beds are banked or converted to active service. However, in no case shall the depart(2004 Ed.)
Nursing Facility Medicaid Payment System
ment use less than eighty-five percent occupancy of the facility's licensed bed capacity after banking or conversion. Effective July 1, 2002, in no case, other than essential community
providers, shall the department use less than ninety percent
occupancy of the facility's licensed bed capacity after conversion.
(5) The property component rate allocations calculated
in accordance with this section shall be adjusted to the extent
necessary to comply with RCW 74.46.421. [2001 1st sp.s. c
8 § 7; 1999 c 353 § 10; 1998 c 322 § 29.]
Severability—Effective dates—2001 1st sp.s. c 8: See notes following RCW 74.46.020.
Effective dates—1999 c 353: See note following RCW 74.46.020.
74.46.437
74.46.437 Financing allowance component rate allocation. (1) Beginning July 1, 1999, the department shall
establish for each medicaid nursing facility a financing
allowance component rate allocation. The financing allowance component rate shall be rebased annually, effective July
1st, in accordance with the provisions of this section and this
chapter.
(2) Effective July 1, 2001, the financing allowance shall
be determined by multiplying the net invested funds of each
facility by .10, and dividing by the greater of a nursing facility's total resident days from the most recent cost report
period or resident days calculated on eighty-five percent
facility occupancy. Effective July 1, 2002, the financing
allowance component rate allocation for all facilities, other
than essential community providers, shall be set by using the
greater of a facility's total resident days from the most recent
cost report period or resident days calculated at ninety percent facility occupancy. However, assets acquired on or after
May 17, 1999, shall be grouped in a separate financing allowance calculation that shall be multiplied by .085. The financing allowance factor of .085 shall not be applied to the net
invested funds pertaining to new construction or major renovations receiving certificate of need approval or an exemption from certificate of need requirements under chapter
70.38 RCW, or to working drawings that have been submitted to the department of health for construction review
approval, prior to May 17, 1999. If a capitalized addition,
renovation, replacement, or retirement of an asset will result
in a different licensed bed capacity during the ensuing period,
the prior period total resident days used in computing the
financing allowance shall be adjusted to the greater of the
anticipated resident day level or eighty-five percent of the
new licensed bed capacity. Effective July 1, 2002, for all
facilities, other than essential community providers, the total
resident days used to compute the financing allowance after a
capitalized addition, renovation, replacement, or retirement
of an asset shall be set by using the greater of a facility's total
resident days from the most recent cost report period or resident days calculated at ninety percent facility occupancy.
(3) In computing the portion of net invested funds representing the net book value of tangible fixed assets, the same
assets, depreciation bases, lives, and methods referred to in
RCW 74.46.330, 74.46.350, 74.46.360, 74.46.370, and
74.46.380, including owned and leased assets, shall be utilized, except that the capitalized cost of land upon which the
facility is located and such other contiguous land which is
reasonable and necessary for use in the regular course of pro(2004 Ed.)
74.46.439
viding resident care shall also be included. Subject to provisions and limitations contained in this chapter, for land purchased by owners or lessors before July 18, 1984, capitalized
cost of land shall be the buyer's capitalized cost. For all partial or whole rate periods after July 17, 1984, if the land is
purchased after July 17, 1984, capitalized cost shall be that of
the owner of record on July 17, 1984, or buyer's capitalized
cost, whichever is lower. In the case of leased facilities where
the net invested funds are unknown or the contractor is
unable to provide necessary information to determine net
invested funds, the secretary shall have the authority to determine an amount for net invested funds based on an appraisal
conducted according to RCW 74.46.360(1).
(4) Effective July 1, 2001, for the purpose of calculating
a nursing facility's financing allowance component rate, if a
contractor has elected to bank licensed beds prior to May 25,
2001, or elects to convert banked beds to active service at any
time, under chapter 70.38 RCW, the department shall use the
facility's new licensed bed capacity to recalculate minimum
occupancy for rate setting and revise the financing allowance
component rate, as needed, effective as of the date the beds
are banked or converted to active service. However, in no
case shall the department use less than eighty-five percent
occupancy of the facility's licensed bed capacity after banking or conversion. Effective July 1, 2002, in no case, other
than for essential community providers, shall the department
use less than ninety percent occupancy of the facility's
licensed bed capacity after conversion.
(5) The financing allowance rate allocation calculated in
accordance with this section shall be adjusted to the extent
necessary to comply with RCW 74.46.421. [2001 1st sp.s. c
8 § 8; 1999 c 353 § 11.]
Severability—Effective dates—2001 1st sp.s. c 8: See notes following RCW 74.46.020.
Effective dates—1999 c 353: See note following RCW 74.46.020.
74.46.439
74.46.439 Facilities leased in arm's-length agreements—Recomputation of financing allowance—Reimbursement for annualized lease payments—Rate adjustment. (1) In the case of a facility that was leased by the contractor as of January 1, 1980, in an arm's-length agreement,
which continues to be leased under the same lease agreement,
and for which the annualized lease payment, plus any interest
and depreciation expenses associated with contractor-owned
assets, for the period covered by the prospective rates,
divided by the contractor's total resident days, minus the
property component rate allocation, is more than the sum of
the financing allowance and the variable return rate determined according to this chapter, the following shall apply:
(a) The financing allowance shall be recomputed substituting the fair market value of the assets as of January 1,
1982, as determined by the department of general administration through an appraisal procedure, less accumulated depreciation on the lessor's assets since January 1, 1982, for the net
book value of the assets in determining net invested funds for
the facility. A determination by the department of general
administration of fair market value shall be final unless the
procedure used to make such a determination is shown to be
arbitrary and capricious.
(b) The sum of the financing allowance computed under
(a) of this subsection and the variable return rate shall be
[Title 74 RCW—page 181]
74.46.441
Title 74 RCW: Public Assistance
compared to the annualized lease payment, plus any interest
and depreciation associated with contractor-owned assets, for
the period covered by the prospective rates, divided by the
contractor's total resident days, minus the property component rate. The lesser of the two amounts shall be called the
alternate return on investment rate.
(c) The sum of the financing allowance and variable
return rate determined according to this chapter or the alternate return on investment rate, whichever is greater, shall be
added to the prospective rates of the contractor.
(2) In the case of a facility that was leased by the contractor as of January 1, 1980, in an arm's-length agreement, if the
lease is renewed or extended under a provision of the lease,
the treatment provided in subsection (1) of this section shall
be applied, except that in the case of renewals or extensions
made subsequent to April 1, 1985, reimbursement for the
annualized lease payment shall be no greater than the reimbursement for the annualized lease payment for the last year
prior to the renewal or extension of the lease.
(3) The alternate return on investment component rate
allocations calculated in accordance with this section shall be
adjusted to the extent necessary to comply with RCW
74.46.421. [1999 c 353 § 12.]
Effective dates—1999 c 353: See note following RCW 74.46.020.
74.46.441
74.46.441 Public disclosure of rate-setting information. The department shall disclose to any member of the
public all rate-setting information consistent with requirements of state and federal laws. [1998 c 322 § 20.]
74.46.445
74.46.445 Contractors—Rate adjustments. If a contractor experiences an increase in state or county property
taxes as a result of new building construction, replacement
building construction, or substantial building additions that
require the acquisition of land, then the department shall
adjust the contractor's prospective rates to cover the medicaid
share of the tax increase. The rate adjustments shall only
apply to construction and additions completed on or after
July 1, 1997. The rate adjustments authorized by this section
are effective on the first day after July 1, 1999, on which the
increased tax payment is due. Rate adjustments made under
this section are subject to all applicable cost limitations contained in this chapter. [1999 c 353 § 15.]
Effective dates—1999 c 353: See note following RCW 74.46.020.
74.46.475
74.46.475 Submitted cost report—Analysis and
adjustment by department. (1) The department shall analyze the submitted cost report or a portion thereof of each
contractor for each report period to determine if the information is correct, complete, reported in conformance with
department instructions and generally accepted accounting
principles, the requirements of this chapter, and such rules as
the department may adopt. If the analysis finds that the cost
report is incorrect or incomplete, the department may make
adjustments to the reported information for purposes of
establishing payment rate allocations. A schedule of such
adjustments shall be provided to contractors and shall include
an explanation for the adjustment and the dollar amount of
the adjustment. Adjustments shall be subject to review and
appeal as provided in this chapter.
[Title 74 RCW—page 182]
(2) The department shall accumulate data from properly
completed cost reports, in addition to assessment data on
each facility's resident population characteristics, for use in:
(a) Exception profiling; and
(b) Establishing rates.
(3) The department may further utilize such accumulated
data for analytical, statistical, or informational purposes as
necessary. [1998 c 322 § 21; 1985 c 361 § 13; 1983 1st ex.s.
c 67 § 23.]
Savings—1985 c 361: See note following RCW 74.46.020.
74.46.485
74.46.485 Case mix classification methodology. (1)
The department shall employ the resource utilization group
III case mix classification methodology. The department
shall use the forty-four group index maximizing model for
the resource utilization group III grouper version 5.10, but
the department may revise or update the classification methodology to reflect advances or refinements in resident assessment or classification, subject to federal requirements.
(2) A default case mix group shall be established for
cases in which the resident dies or is discharged for any purpose prior to completion of the resident's initial assessment.
The default case mix group and case mix weight for these
cases shall be designated by the department.
(3) A default case mix group may also be established for
cases in which there is an untimely assessment for the resident. The default case mix group and case mix weight for
these cases shall be designated by the department. [1998 c
322 § 22.]
74.46.496
74.46.496 Case mix weights—Determination—Revisions. (1) Each case mix classification group shall be
assigned a case mix weight. The case mix weight for each
resident of a nursing facility for each calendar quarter shall be
based on data from resident assessment instruments completed for the resident and weighted by the number of days
the resident was in each case mix classification group. Days
shall be counted as provided in this section.
(2) The case mix weights shall be based on the average
minutes per registered nurse, licensed practical nurse, and
certified nurse aide, for each case mix group, and using the
health care financing administration of the United States
department of health and human services 1995 nursing facility staff time measurement study stemming from its multistate nursing home case mix and quality demonstration
project. Those minutes shall be weighted by statewide ratios
of registered nurse to certified nurse aide, and licensed practical nurse to certified nurse aide, wages, including salaries
and benefits, which shall be based on 1995 cost report data
for this state.
(3) The case mix weights shall be determined as follows:
(a) Set the certified nurse aide wage weight at 1.000 and
calculate wage weights for registered nurse and licensed
practical nurse average wages by dividing the certified nurse
aide average wage into the registered nurse average wage and
licensed practical nurse average wage;
(b) Calculate the total weighted minutes for each case
mix group in the resource utilization group III classification
system by multiplying the wage weight for each worker classification by the average number of minutes that classifica(2004 Ed.)
Nursing Facility Medicaid Payment System
tion of worker spends caring for a resident in that resource
utilization group III classification group, and summing the
products;
(c) Assign a case mix weight of 1.000 to the resource utilization group III classification group with the lowest total
weighted minutes and calculate case mix weights by dividing
the lowest group's total weighted minutes into each group's
total weighted minutes and rounding weight calculations to
the third decimal place.
(4) The case mix weights in this state may be revised if
the health care financing administration updates its nursing
facility staff time measurement studies. The case mix weights
shall be revised, but only when direct care component rates
are cost-rebased as provided in subsection (5) of this section,
to be effective on the July 1st effective date of each costrebased direct care component rate. However, the department
may revise case mix weights more frequently if, and only if,
significant variances in wage ratios occur among direct care
staff in the different caregiver classifications identified in this
section.
(5) Case mix weights shall be revised when direct care
component rates are cost-rebased every three years as provided in RCW 74.46.431(4)(a). [1998 c 322 § 23.]
74.46.501 Average case mix indexes determined
quarterly—Facility average case mix index—Medicaid
average case mix index. (1) From individual case mix
weights for the applicable quarter, the department shall determine two average case mix indexes for each medicaid nursing facility, one for all residents in the facility, known as the
facility average case mix index, and one for medicaid residents, known as the medicaid average case mix index.
(2)(a) In calculating a facility's two average case mix
indexes for each quarter, the department shall include all residents or medicaid residents, as applicable, who were physically in the facility during the quarter in question (January 1st
through March 31st, April 1st through June 30th, July 1st
through September 30th, or October 1st through December
31st).
(b) The facility average case mix index shall exclude all
default cases as defined in this chapter. However, the medicaid average case mix index shall include all default cases.
(3) Both the facility average and the medicaid average
case mix indexes shall be determined by multiplying the case
mix weight of each resident, or each medicaid resident, as
applicable, by the number of days, as defined in this section
and as applicable, the resident was at each particular case mix
classification or group, and then averaging.
(4)(a) In determining the number of days a resident is
classified into a particular case mix group, the department
shall determine a start date for calculating case mix grouping
periods as follows:
(i) If a resident's initial assessment for a first stay or a
return stay in the nursing facility is timely completed and
transmitted to the department by the cutoff date under state
and federal requirements and as described in subsection (5) of
this section, the start date shall be the later of either the first
day of the quarter or the resident's facility admission or readmission date;
(ii) If a resident's significant change, quarterly, or annual
assessment is timely completed and transmitted to the depart74.46.501
(2004 Ed.)
74.46.501
ment by the cutoff date under state and federal requirements
and as described in subsection (5) of this section, the start
date shall be the date the assessment is completed;
(iii) If a resident's significant change, quarterly, or
annual assessment is not timely completed and transmitted to
the department by the cutoff date under state and federal
requirements and as described in subsection (5) of this section, the start date shall be the due date for the assessment.
(b) If state or federal rules require more frequent assessment, the same principles for determining the start date of a
resident's classification in a particular case mix group set
forth in subsection (4)(a) of this section shall apply.
(c) In calculating the number of days a resident is classified into a particular case mix group, the department shall
determine an end date for calculating case mix grouping periods as follows:
(i) If a resident is discharged before the end of the applicable quarter, the end date shall be the day before discharge;
(ii) If a resident is not discharged before the end of the
applicable quarter, the end date shall be the last day of the
quarter;
(iii) If a new assessment is due for a resident or a new
assessment is completed and transmitted to the department,
the end date of the previous assessment shall be the earlier of
either the day before the assessment is due or the day before
the assessment is completed by the nursing facility.
(5) The cutoff date for the department to use resident
assessment data, for the purposes of calculating both the
facility average and the medicaid average case mix indexes,
and for establishing and updating a facility's direct care component rate, shall be one month and one day after the end of
the quarter for which the resident assessment data applies.
(6) A threshold of ninety percent, as described and calculated in this subsection, shall be used to determine the case
mix index each quarter. The threshold shall also be used to
determine which facilities' costs per case mix unit are
included in determining the ceiling, floor, and price. If the
facility does not meet the ninety percent threshold, the
department may use an alternate case mix index to determine
the facility average and medicaid average case mix indexes
for the quarter. The threshold is a count of unique minimum
data set assessments, and it shall include resident assessment
instrument tracking forms for residents discharged prior to
completing an initial assessment. The threshold is calculated
by dividing a facility's count of residents being assessed by
the average census for the facility. A daily census shall be
reported by each nursing facility as it transmits assessment
data to the department. The department shall compute a quarterly average census based on the daily census. If no census
has been reported by a facility during a specified quarter, then
the department shall use the facility's licensed beds as the
denominator in computing the threshold.
(7)(a) Although the facility average and the medicaid
average case mix indexes shall both be calculated quarterly,
the facility average case mix index will be used only every
three years in combination with cost report data as specified
by RCW 74.46.431 and 74.46.506, to establish a facility's
allowable cost per case mix unit. A facility's medicaid average case mix index shall be used to update a nursing facility's
direct care component rate quarterly.
[Title 74 RCW—page 183]
74.46.506
Title 74 RCW: Public Assistance
(b) The facility average case mix index used to establish
each nursing facility's direct care component rate shall be
based on an average of calendar quarters of the facility's average case mix indexes.
(i) For October 1, 1998, direct care component rates, the
department shall use an average of facility average case mix
indexes from the four calendar quarters of 1997.
(ii) For July 1, 2001, direct care component rates, the
department shall use an average of facility average case mix
indexes from the four calendar quarters of 1999.
(c) The medicaid average case mix index used to update
or recalibrate a nursing facility's direct care component rate
quarterly shall be from the calendar quarter commencing six
months prior to the effective date of the quarterly rate. For
example, October 1, 1998, through December 31, 1998,
direct care component rates shall utilize case mix averages
from the April 1, 1998, through June 30, 1998, calendar quarter, and so forth. [2001 1st sp.s. c 8 § 9; 1998 c 322 § 24.]
Severability—Effective dates—2001 1st sp.s. c 8: See notes following RCW 74.46.020.
74.46.506
74.46.506 Direct care component rate allocations—
Determination—Quarterly updates—Fines. (1) The
direct care component rate allocation corresponds to the provision of nursing care for one resident of a nursing facility for
one day, including direct care supplies. Therapy services and
supplies, which correspond to the therapy care component
rate, shall be excluded. The direct care component rate
includes elements of case mix determined consistent with the
principles of this section and other applicable provisions of
this chapter.
(2) Beginning October 1, 1998, the department shall
determine and update quarterly for each nursing facility serving medicaid residents a facility-specific per-resident day
direct care component rate allocation, to be effective on the
first day of each calendar quarter. In determining direct care
component rates the department shall utilize, as specified in
this section, minimum data set resident assessment data for
each resident of the facility, as transmitted to, and if necessary corrected by, the department in the resident assessment
instrument format approved by federal authorities for use in
this state.
(3) The department may question the accuracy of assessment data for any resident and utilize corrected or substitute
information, however derived, in determining direct care
component rates. The department is authorized to impose
civil fines and to take adverse rate actions against a contractor, as specified by the department in rule, in order to obtain
compliance with resident assessment and data transmission
requirements and to ensure accuracy.
(4) Cost report data used in setting direct care component
rate allocations shall be 1996 and 1999, for rate periods as
specified in RCW 74.46.431(4)(a).
(5) Beginning October 1, 1998, the department shall
rebase each nursing facility's direct care component rate allocation as described in RCW 74.46.431, adjust its direct care
component rate allocation for economic trends and conditions as described in RCW 74.46.431, and update its medicaid average case mix index, consistent with the following:
(a) Reduce total direct care costs reported by each nursing facility for the applicable cost report period specified in
[Title 74 RCW—page 184]
RCW 74.46.431(4)(a) to reflect any department adjustments,
and to eliminate reported resident therapy costs and adjustments, in order to derive the facility's total allowable direct
care cost;
(b) Divide each facility's total allowable direct care cost
by its adjusted resident days for the same report period,
increased if necessary to a minimum occupancy of eightyfive percent; that is, the greater of actual or imputed occupancy at eighty-five percent of licensed beds, to derive the
facility's allowable direct care cost per resident day;
(c) Adjust the facility's per resident day direct care cost
by the applicable factor specified in RCW 74.46.431(4) (b)
and (c) to derive its adjusted allowable direct care cost per
resident day;
(d) Divide each facility's adjusted allowable direct care
cost per resident day by the facility average case mix index
for the applicable quarters specified by RCW 74.46.501(7)(b)
to derive the facility's allowable direct care cost per case mix
unit;
(e) Effective for July 1, 2001, rate setting, divide nursing
facilities into at least two and, if applicable, three peer
groups: Those located in nonurban counties; those located in
high labor-cost counties, if any; and those located in other
urban counties;
(f) Array separately the allowable direct care cost per
case mix unit for all facilities in nonurban counties; for all
facilities in high labor-cost counties, if applicable; and for all
facilities in other urban counties, and determine the median
allowable direct care cost per case mix unit for each peer
group;
(g) Except as provided in (i) of this subsection, from
October 1, 1998, through June 30, 2000, determine each
facility's quarterly direct care component rate as follows:
(i) Any facility whose allowable cost per case mix unit is
less than eighty-five percent of the facility's peer group
median established under (f) of this subsection shall be
assigned a cost per case mix unit equal to eighty-five percent
of the facility's peer group median, and shall have a direct
care component rate allocation equal to the facility's assigned
cost per case mix unit multiplied by that facility's medicaid
average case mix index from the applicable quarter specified
in RCW 74.46.501(7)(c);
(ii) Any facility whose allowable cost per case mix unit
is greater than one hundred fifteen percent of the peer group
median established under (f) of this subsection shall be
assigned a cost per case mix unit equal to one hundred fifteen
percent of the peer group median, and shall have a direct care
component rate allocation equal to the facility's assigned cost
per case mix unit multiplied by that facility's medicaid average case mix index from the applicable quarter specified in
RCW 74.46.501(7)(c);
(iii) Any facility whose allowable cost per case mix unit
is between eighty-five and one hundred fifteen percent of the
peer group median established under (f) of this subsection
shall have a direct care component rate allocation equal to the
facility's allowable cost per case mix unit multiplied by that
facility's medicaid average case mix index from the applicable quarter specified in RCW 74.46.501(7)(c);
(h) Except as provided in (i) of this subsection, from July
1, 2000, forward, and for all future rate setting, determine
(2004 Ed.)
Nursing Facility Medicaid Payment System
each facility's quarterly direct care component rate as follows:
(i) Any facility whose allowable cost per case mix unit is
less than ninety percent of the facility's peer group median
established under (f) of this subsection shall be assigned a
cost per case mix unit equal to ninety percent of the facility's
peer group median, and shall have a direct care component
rate allocation equal to the facility's assigned cost per case
mix unit multiplied by that facility's medicaid average case
mix index from the applicable quarter specified in RCW
74.46.501(7)(c);
(ii) Any facility whose allowable cost per case mix unit
is greater than one hundred ten percent of the peer group
median established under (f) of this subsection shall be
assigned a cost per case mix unit equal to one hundred ten
percent of the peer group median, and shall have a direct care
component rate allocation equal to the facility's assigned cost
per case mix unit multiplied by that facility's medicaid average case mix index from the applicable quarter specified in
RCW 74.46.501(7)(c);
(iii) Any facility whose allowable cost per case mix unit
is between ninety and one hundred ten percent of the peer
group median established under (f) of this subsection shall
have a direct care component rate allocation equal to the
facility's allowable cost per case mix unit multiplied by that
facility's medicaid average case mix index from the applicable quarter specified in RCW 74.46.501(7)(c);
(i)(i) Between October 1, 1998, and June 30, 2000, the
department shall compare each facility's direct care component rate allocation calculated under (g) of this subsection
with the facility's nursing services component rate in effect
on September 30, 1998, less therapy costs, plus any exceptional care offsets as reported on the cost report, adjusted for
economic trends and conditions as provided in RCW
74.46.431. A facility shall receive the higher of the two rates.
(ii) Between July 1, 2000, and June 30, 2002, the department shall compare each facility's direct care component rate
allocation calculated under (h) of this subsection with the
facility's direct care component rate in effect on June 30,
2000. A facility shall receive the higher of the two rates.
Between July 1, 2001, and June 30, 2002, if during any quarter a facility whose rate paid under (h) of this subsection is
greater than either the direct care rate in effect on June 30,
2000, or than that facility's allowable direct care cost per case
mix unit calculated in (d) of this subsection multiplied by that
facility's medicaid average case mix index from the applicable quarter specified in RCW 74.46.501(7)(c), the facility
shall be paid in that and each subsequent quarter pursuant to
(h) of this subsection and shall not be entitled to the greater of
the two rates.
(iii) Effective July 1, 2002, all direct care component rate
allocations shall be as determined under (h) of this subsection.
(6) The direct care component rate allocations calculated
in accordance with this section shall be adjusted to the extent
necessary to comply with RCW 74.46.421.
(7) Payments resulting from increases in direct care component rates, granted under authority of RCW 74.46.508(1)
for a facility's exceptional care residents, shall be offset
against the facility's examined, allowable direct care costs,
for each report year or partial period such increases are paid.
(2004 Ed.)
74.46.511
Such reductions in allowable direct care costs shall be for rate
setting, settlement, and other purposes deemed appropriate
by the department. [2001 1st sp.s. c 8 § 10. Prior: 1999 c 353
§ 5; 1999 c 181 § 1; 1998 c 322 § 25.]
Severability—Effective dates—2001 1st sp.s. c 8: See notes following RCW 74.46.020.
Effective dates—1999 c 353: See note following RCW 74.46.020.
74.46.508 Direct care component rate allocation—
Increases—Rules. (1) The department is authorized to
increase the direct care component rate allocation calculated
under RCW 74.46.506(5) for residents who have unmet
exceptional care needs as determined by the department in
rule. The department may, by rule, establish criteria, patient
categories, and methods of exceptional care payment.
(2) The department may by July 1, 2003, adopt rules and
implement a system of exceptional care payments for therapy
care.
(a) Payments may be made on behalf of facility residents
who are under age sixty-five, not eligible for medicare, and
can achieve significant progress in their functional status if
provided with intensive therapy care services.
(b) Payments may be made only after approval of a rehabilitation plan of care for each resident on whose behalf a
payment is made under this subsection, and each resident's
progress must be periodically monitored. [2003 1st sp.s. c 6
§ 1; 1999 c 181 § 2.]
74.46.508
74.46.511 Therapy care component rate allocation—
Determination. (1) The therapy care component rate allocation corresponds to the provision of medicaid one-on-one
therapy provided by a qualified therapist as defined in this
chapter, including therapy supplies and therapy consultation,
for one day for one medicaid resident of a nursing facility.
The therapy care component rate allocation for October 1,
1998, through June 30, 2001, shall be based on adjusted therapy costs and days from calendar year 1996. The therapy
component rate allocation for July 1, 2001, through June 30,
2004, shall be based on adjusted therapy costs and days from
calendar year 1999. The therapy care component rate shall be
adjusted for economic trends and conditions as specified in
RCW 74.46.431(5)(b), and shall be determined in accordance
with this section.
(2) In rebasing, as provided in RCW 74.46.431(5)(a), the
department shall take from the cost reports of facilities the
following reported information:
(a) Direct one-on-one therapy charges for all residents by
payer including charges for supplies;
(b) The total units or modules of therapy care for all residents by type of therapy provided, for example, speech or
physical. A unit or module of therapy care is considered to be
fifteen minutes of one-on-one therapy provided by a qualified
therapist or support personnel; and
(c) Therapy consulting expenses for all residents.
(3) The department shall determine for all residents the
total cost per unit of therapy for each type of therapy by
dividing the total adjusted one-on-one therapy expense for
each type by the total units provided for that therapy type.
(4) The department shall divide medicaid nursing facilities in this state into two peer groups:
(a) Those facilities located within urban counties; and
74.46.511
[Title 74 RCW—page 185]
74.46.515
Title 74 RCW: Public Assistance
(b) Those located within nonurban counties.
The department shall array the facilities in each peer
group from highest to lowest based on their total cost per unit
of therapy for each therapy type. The department shall determine the median total cost per unit of therapy for each therapy type and add ten percent of median total cost per unit of
therapy. The cost per unit of therapy for each therapy type at
a nursing facility shall be the lesser of its cost per unit of therapy for each therapy type or the median total cost per unit
plus ten percent for each therapy type for its peer group.
(5) The department shall calculate each nursing facility's
therapy care component rate allocation as follows:
(a) To determine the allowable total therapy cost for each
therapy type, the allowable cost per unit of therapy for each
type of therapy shall be multiplied by the total therapy units
for each type of therapy;
(b) The medicaid allowable one-on-one therapy expense
shall be calculated taking the allowable total therapy cost for
each therapy type times the medicaid percent of total therapy
charges for each therapy type;
(c) The medicaid allowable one-on-one therapy expense
for each therapy type shall be divided by total adjusted medicaid days to arrive at the medicaid one-on-one therapy cost
per patient day for each therapy type;
(d) The medicaid one-on-one therapy cost per patient
day for each therapy type shall be multiplied by total adjusted
patient days for all residents to calculate the total allowable
one-on-one therapy expense. The lesser of the total allowable
therapy consultant expense for the therapy type or a reasonable percentage of allowable therapy consultant expense for
each therapy type, as established in rule by the department,
shall be added to the total allowable one-on-one therapy
expense to determine the allowable therapy cost for each
therapy type;
(e) The allowable therapy cost for each therapy type
shall be added together, the sum of which shall be the total
allowable therapy expense for the nursing facility;
(f) The total allowable therapy expense will be divided
by the greater of adjusted total patient days from the cost
report on which the therapy expenses were reported, or
patient days at eighty-five percent occupancy of licensed
beds. The outcome shall be the nursing facility's therapy care
component rate allocation.
(6) The therapy care component rate allocations calculated in accordance with this section shall be adjusted to the
extent necessary to comply with RCW 74.46.421.
(7) The therapy care component rate shall be suspended
for medicaid residents in qualified nursing facilities designated by the department who are receiving therapy paid by
the department outside the facility daily rate under RCW
74.46.508(2). [2001 1st sp.s. c 8 § 11. Prior: 1999 c 353 § 6;
1999 c 181 § 3; 1998 c 322 § 26.]
Severability—Effective dates—2001 1st sp.s. c 8: See notes following RCW 74.46.020.
Effective dates—1999 c 353: See note following RCW 74.46.020.
74.46.515 Support services component rate allocation—Determination. (1) The support services component
rate allocation corresponds to the provision of food, food
preparation, dietary, housekeeping, and laundry services for
one resident for one day.
74.46.515
[Title 74 RCW—page 186]
(2) Beginning October 1, 1998, the department shall
determine each medicaid nursing facility's support services
component rate allocation using cost report data specified by
RCW 74.46.431(6).
(3) To determine each facility's support services component rate allocation, the department shall:
(a) Array facilities' adjusted support services costs per
adjusted resident day for each facility from facilities' cost
reports from the applicable report year, for facilities located
within urban counties, and for those located within nonurban
counties and determine the median adjusted cost for each
peer group;
(b) Set each facility's support services component rate at
the lower of the facility's per resident day adjusted support
services costs from the applicable cost report period or the
adjusted median per resident day support services cost for
that facility's peer group, either urban counties or nonurban
counties, plus ten percent; and
(c) Adjust each facility's support services component
rate for economic trends and conditions as provided in RCW
74.46.431(6).
(4) The support services component rate allocations calculated in accordance with this section shall be adjusted to
the extent necessary to comply with RCW 74.46.421. [2001
1st sp.s. c 8 § 12; 1999 c 353 § 7; 1998 c 322 § 27.]
Severability—Effective dates—2001 1st sp.s. c 8: See notes following RCW 74.46.020.
Effective dates—1999 c 353: See note following RCW 74.46.020.
74.46.521
74.46.521 Operations component rate allocation—
Determination. (1) The operations component rate allocation corresponds to the general operation of a nursing facility
for one resident for one day, including but not limited to management, administration, utilities, office supplies, accounting
and bookkeeping, minor building maintenance, minor equipment repairs and replacements, and other supplies and services, exclusive of direct care, therapy care, support services,
property, financing allowance, and variable return.
(2) Beginning October 1, 1998, the department shall
determine each medicaid nursing facility's operations component rate allocation using cost report data specified by RCW
74.46.431(7)(a). Effective July 1, 2002, operations component rates for all facilities except essential community providers shall be based upon a minimum occupancy of ninety
percent of licensed beds, and no operations component rate
shall be revised in response to beds banked on or after May
25, 2001, under chapter 70.38 RCW.
(3) To determine each facility's operations component
rate the department shall:
(a) Array facilities' adjusted general operations costs per
adjusted resident day for each facility from facilities' cost
reports from the applicable report year, for facilities located
within urban counties and for those located within nonurban
counties and determine the median adjusted cost for each
peer group;
(b) Set each facility's operations component rate at the
lower of:
(i) The facility's per resident day adjusted operations
costs from the applicable cost report period adjusted if necessary to a minimum occupancy of eighty-five percent of
(2004 Ed.)
Nursing Facility Medicaid Payment System
licensed beds before July 1, 2002, and ninety percent effective July 1, 2002; or
(ii) The adjusted median per resident day general operations cost for that facility's peer group, urban counties or nonurban counties; and
(c) Adjust each facility's operations component rate for
economic trends and conditions as provided in RCW
74.46.431(7)(b).
(4) The operations component rate allocations calculated
in accordance with this section shall be adjusted to the extent
necessary to comply with RCW 74.46.421. [2001 1st sp.s. c
8 § 13; 1999 c 353 § 8; 1998 c 322 § 28.]
Severability—Effective dates—2001 1st sp.s. c 8: See notes following RCW 74.46.020.
Effective dates—1999 c 353: See note following RCW 74.46.020.
74.46.630
shall prospectively add the medicaid cost of the quality maintenance fee under RCW 82.71.020 to the nursing facility
component rate allocation calculated after application of all
other provisions of RCW 74.46.521. [2003 1st sp.s. c 16 § 5.]
Contingent expiration date—Severability—Effective date—2003
1st sp.s. c 16: See notes following RCW 82.71.020.
PART F
BILLING/PAYMENT
74.46.600
74.46.600 Billing period. A contractor shall bill the
department for care provided to medical care recipients from
the first through the last day of each calendar month. [1980 c
177 § 60.]
74.46.610
74.46.531 Department may adjust component
rates—Contractor may request—Errors or omissions.
(1) The department may adjust component rates for errors or
omissions made in establishing component rates and determine amounts either overpaid to the contractor or underpaid
by the department.
(2) A contractor may request the department to adjust its
component rates because of:
(a) An error or omission the contractor made in completing a cost report; or
(b) An alleged error or omission made by the department
in determining one or more of the contractor's component
rates.
(3) A request for a rate adjustment made on incorrect
cost reporting must be accompanied by the amended cost
report pages prepared in accordance with the department's
written instructions and by a written explanation of the error
or omission and the necessity for the amended cost report
pages and the rate adjustment.
(4) The department shall review a contractor's request
for a rate adjustment because of an alleged error or omission,
even if the time period has expired in which the contractor
must appeal the rate when initially issued, pursuant to rules
adopted by the department under RCW 74.46.780. If the
request is received after this time period, the department has
the authority to correct the rate if it agrees an error or omission was committed. However, if the request is denied, the
contractor shall not be entitled to any appeals or exception
review procedure that the department may adopt under RCW
74.46.780.
(5) The department shall notify the contractor of the
amount of the overpayment to be recovered or additional
payment to be made to the contractor reflecting a rate adjustment to correct an error or omission. The recovery from the
contractor of the overpayment or the additional payment to
the contractor shall be governed by the reconciliation, settlement, security, and recovery processes set forth in this chapter and by rules adopted by the department in accordance
with this chapter.
(6) Component rate adjustments approved in accordance
with this section are subject to the provisions of RCW
74.46.421. [1998 c 322 § 31.]
74.46.531
74.46.535 Quality maintenance fee. (Contingent expiration date.) The department of social and health services
74.46.535
(2004 Ed.)
74.46.610 Billing procedure—Rules. (1) A contractor
shall bill the department each month by completing and
returning a facility billing statement as provided by the
department. The statement shall be completed and filed in
accordance with rules established by the department.
(2) A facility shall not bill the department for service
provided to a recipient until an award letter of eligibility of
such recipient under rules established under chapter 74.09
RCW has been received by the facility. However a facility
may bill and shall be reimbursed for all medical care recipients referred to the facility by the department prior to the
receipt of the award letter of eligibility or the denial of such
eligibility.
(3) Billing shall cover the patient days of care. [1998 c
322 § 32; 1983 1st ex.s. c 67 § 33; 1980 c 177 § 61.]
74.46.620
74.46.620 Payment. (1) The department will pay a contractor for service rendered under the facility contract and
billed in accordance with RCW 74.46.610.
(2) The amount paid will be computed using the appropriate rates assigned to the contractor.
(3) For each recipient, the department will pay an
amount equal to the appropriate rates, multiplied by the number of medicaid resident days each rate was in effect, less the
amount the recipient is required to pay for his or her care as
set forth by RCW 74.46.630. [1998 c 322 § 33; 1980 c 177 §
62.]
74.46.625
74.46.625 Supplemental payments. To the extent the
federal government approves such payments under the state's
plan for medical assistance, and only to the extent that funds
are specifically appropriated for this purpose in the biennial
appropriations act, the department shall make supplemental
payments to nursing facilities operated by public hospital districts. The payments shall be calculated and distributed in
accordance with the terms and conditions specified in the
biennial appropriations act. The payments shall be supplemental to the component rate allocations calculated in accordance with part E of this chapter, and neither the provisions
of part E of this chapter nor the provisions of part C of this
chapter apply to these supplemental payments. [1999 c 392 §
1.]
74.46.630
74.46.630 Charges to patients. (1) The department
will notify a contractor of the amount each medical care
[Title 74 RCW—page 187]
74.46.640
Title 74 RCW: Public Assistance
recipient is required to pay for care provided under the contract and the effective date of such required contribution. It is
the contractor's responsibility to collect that portion of the
cost of care from the patient, and to account for any authorized reduction from his or her contribution in accordance
with rules established by the department.
(2) If a contractor receives documentation showing a
change in the income or resources of a recipient which will
mean a change in his or her contribution toward the cost of
care, this shall be reported in writing to the department within
seventy-two hours and in a manner specified by rules established by the department. If necessary, appropriate corrections will be made in the next facility statement, and a copy
of documentation supporting the change will be attached. If
increased funds for a recipient are received by a contractor,
an amount determined by the department shall be allowed for
clothing and personal and incidental expense, and the balance
applied to the cost of care.
(3) The contractor shall accept the payment rates established by the department as full compensation for all services
provided under the contract, certification as specified by Title
XIX, and licensure under chapter 18.51 RCW. The contractor
shall not seek or accept additional compensation from or on
behalf of a recipient for any or all such services. [1998 c 322
§ 34; 1980 c 177 § 63.]
(2) No payment will be withheld until written notification of the suspension is provided to the contractor, stating
the reason for the withholding, except that neither a timely
filed request to pursue any administrative appeals or exception procedure that the department may establish by rule nor
commencement of judicial review, as may be available to the
contractor in law, shall delay suspension of payment. [1998
c 322 § 35; 1995 1st sp.s. c 18 § 112; 1983 1st ex.s. c 67 § 34;
1980 c 177 § 64.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.46.650 Termination of payments. All payments to
a contractor will end no later than sixty days after any of the
following occurs:
(1) A contract is terminated, assigned, or is not renewed;
(2) A facility license is revoked; or
(3) A facility is decertified as a Title XIX facility; except
that, in situations where the department determines that residents must remain in such facility for a longer period because
of the resident's health or safety, payments for such residents
shall continue. [1998 c 322 § 36; 1980 c 177 § 65.]
74.46.650
PART G
ADMINISTRATION
74.46.660 Conditions of participation. In order to participate in the nursing facility medicaid payment system
established by this chapter, the person or legal entity responsible for operation of a facility shall:
(1) Obtain a state certificate of need and/or federal capital expenditure review (section 1122) approval pursuant to
chapter 70.38 RCW and Part 100, Title 42 CFR where
required;
(2) Hold the appropriate current license;
(3) Hold current Title XIX certification;
(4) Hold a current contract to provide services under this
chapter;
(5) Comply with all provisions of the contract and all
applicable regulations, including but not limited to the provisions of this chapter; and
(6) Obtain and maintain medicare certification, under
Title XVIII of the social security act, 42 U.S.C. Sec. 1395, as
amended, for a portion of the facility's licensed beds. [1998
c 322 § 37; 1992 c 215 § 1; 1991 sp.s. c 8 § 13; 1980 c 177 §
66.]
74.46.660
74.46.640
74.46.640 Suspension of payments. (1) Payments to a
contractor may be withheld by the department in each of the
following circumstances:
(a) A required report is not properly completed and filed
by the contractor within the appropriate time period, including any approved extension. Payments will be released as
soon as a properly completed report is received;
(b) State auditors, department auditors, or authorized
personnel in the course of their duties are refused access to a
nursing facility or are not provided with existing appropriate
records. Payments will be released as soon as such access or
records are provided;
(c) A refund in connection with a settlement or rate
adjustment is not paid by the contractor when due. The
amount withheld will be limited to the unpaid amount of the
refund and any accumulated interest owed to the department
as authorized by this chapter;
(d) Payment for the final sixty days of service prior to
termination or assignment of a contract will be held in the
absence of adequate alternate security acceptable to the
department pending settlement of all periods when the contract is terminated or assigned; and
(e) Payment for services at any time during the contract
period in the absence of adequate alternate security acceptable to the department, if a contractor's net medicaid overpayment liability for one or more nursing facilities or other debt
to the department, as determined by settlement, civil fines
imposed by the department, third-party liabilities or other
source, reaches or exceeds fifty thousand dollars, whether
subject to good faith dispute or not, and for each subsequent
increase in liability reaching or exceeding twenty-five thousand dollars. Payments will be released as soon as practicable
after acceptable security is provided or refund to the department is made.
[Title 74 RCW—page 188]
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
74.46.680 Change of ownership—Assignment of
department's contract. (1) On the effective date of a
change of ownership the department's contract with the old
owner shall be automatically assigned to the new owner,
unless: (a) The new owner does not desire to participate in
medicaid as a nursing facility provider; (b) the department
elects not to continue the contract with the new owner for
good cause; or (c) the new owner elects not to accept assignment and requests certification and a new contract. The old
owner shall give the department sixty days' written notice of
such intent to change ownership and assign. When certificate
of need and/or section 1122 approval is required pursuant to
chapter 70.38 RCW and Part 100, Title 42 CFR, for the new
74.46.680
(2004 Ed.)
Nursing Facility Medicaid Payment System
owner to acquire the facility, and the new owner wishes to
continue to provide service to recipients without interruption,
certificate of need and/or section 1122 approval shall be
obtained before the old owner submits a notice of intent to
change ownership and assign.
(2) If the new owner desires to participate in the nursing
facility medicaid payment system, it shall meet the conditions
specified in RCW 74.46.660. The facility contract with the
new owner shall be effective as of the date of the change of
ownership. [1998 c 322 § 38; 1985 c 361 § 2; 1980 c 177 §
68.]
Effective date—1998 c 322 §§ 38 and 39: "Sections 38 and 39 of this
act take effect October 1, 1998." [1998 c 322 § 59.]
Savings—1985 c 361: See note following RCW 74.46.020.
74.46.690 Change of ownership—Final reports—
Settlement. (1) When there is a change of ownership for any
reason, final reports shall be submitted as required by RCW
74.46.040.
(2) Upon a notification of intent to change ownership,
the department shall determine by settlement or reconciliation the amount of any overpayments made to the assigning
or terminating contractor, including overpayments disputed
by the assigning or terminating contractor. If settlements are
unavailable for any period up to the date of assignment or termination, the department shall make a reasonable estimate of
any overpayment or underpayments for such periods. The
reasonable estimate shall be based upon prior period settlements, available audit findings, the projected impact of prospective rates, and other information available to the department. The department shall also determine and add in the
total of all other debts and potential debts owed to the department regardless of source, including, but not limited to, interest owed to the department as authorized by this chapter, civil
fines imposed by the department, or third-party liabilities.
(3) For all cost reports filed after December 31, 1997, the
assigning or terminating contractor shall provide security, in
a form deemed adequate by the department, equal to the total
amount of determined and estimated overpayments and all
debts and potential debts from any source, whether or not the
overpayments are the subject of good faith dispute including
but not limited to, interest owed to the department, civil fines
imposed by the department, and third-party liabilities. Security shall consist of one or more of the following:
(a) Withheld payments due the assigning or terminating
contractor under the contract being assigned or terminated;
(b) An assignment of funds to the department;
(c) The new contractor's assumption of liability for the
prior contractor's debt or potential debt;
(d) An authorization to withhold payments from one or
more medicaid nursing facilities that continue to be operated
by the assigning or terminating contractor;
(e) A promissory note secured by a deed of trust; or
(f) Other collateral or security acceptable to the department.
(4) An assignment of funds shall:
(a) Be at least equal to the amount of determined or estimated debt or potential debt minus withheld payments or
other security provided; and
(b) Provide that an amount equal to any recovery the
department determines is due from the contractor from any
74.46.690
(2004 Ed.)
74.46.690
source of debt to the department, but not exceeding the
amount of the assigned funds, shall be paid to the department
if the contractor does not pay the debt within sixty days following receipt of written demand for payment from the
department to the contractor.
(5) The department shall release any payment withheld
as security if alternate security is provided under subsection
(3) of this section in an amount equivalent to the determined
and estimated debt.
(6) If the total of withheld payments and assigned funds
is less than the total of determined and estimated debt, the
unsecured amount of such debt shall be a debt due the state
and shall become a lien against the real and personal property
of the contractor from the time of filing by the department
with the county auditor of the county where the contractor
resides or owns property, and the lien claim has preference
over the claims of all unsecured creditors.
(7) A properly completed final cost report shall be filed
in accordance with the requirements of RCW 74.46.040,
which shall be examined by the department in accordance
with the requirements of RCW 74.46.100.
(8) Security held pursuant to this section shall be
released to the contractor after all debts, including accumulated interest owed the department, have been paid by the old
owner.
(9) If, after calculation of settlements for any periods, it
is determined that overpayments exist in excess of the value
of security held by the state, the department may seek recovery of these additional overpayments as provided by law.
(10) Regardless of whether a contractor intends to
change ownership, if a contractor's net medicaid overpayments and erroneous payments for one or more settlement
periods, and for one or more nursing facilities, combined
with debts due the department, reaches or exceeds a total of
fifty thousand dollars, as determined by settlement, civil fines
imposed by the department, third-party liabilities or by any
other source, whether such amounts are subject to good faith
dispute or not, the department shall demand and obtain security equivalent to the total of such overpayments, erroneous
payments, and debts and shall obtain security for each subsequent increase in liability reaching or exceeding twenty-five
thousand dollars. Such security shall meet the criteria in subsections (3) and (4) of this section, except that the department
shall not accept an assumption of liability. The department
shall withhold all or portions of a contractor's current contract
payments or impose liens, or both, if security acceptable to
the department is not forthcoming. The department shall
release a contractor's withheld payments or lift liens, or both,
if the contractor subsequently provides security acceptable to
the department.
(11) Notwithstanding the application of security measures authorized by this section, if the department determines
that any remaining debt of the old owner is uncollectible from
the old owner, the new owner is liable for the unsatisfied debt
in all respects. If the new owner does not accept assignment
of the contract and the contingent liability for all debt of the
prior owner, a new certification survey shall be done and no
payments shall be made to the new owner until the department determines the facility is in substantial compliance for
the purposes of certification.
[Title 74 RCW—page 189]
74.46.700
Title 74 RCW: Public Assistance
(12) Medicaid provider contracts shall only be assigned
if there is a change of ownership, and with approval by the
department. [1998 c 322 § 39; 1995 1st sp.s. c 18 § 113; 1985
c 361 § 3; 1983 1st ex.s. c 67 § 36; 1980 c 177 § 69.]
Effective date—1998 c 322 §§ 38 and 39: See note following RCW
74.46.680.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Savings—1985 c 361: See note following RCW 74.46.020.
PART H
PATIENT TRUST FUNDS
74.46.700
74.46.700 Resident personal funds—Records—
Rules. Each nursing home shall establish and maintain, as a
service to the resident, a bookkeeping system incorporated
into the business records for all resident moneys entrusted to
the contractor and received by the facility for the resident.
The department shall adopt rules to ensure that resident
personal funds handled by the facility are maintained by each
nursing home in a manner that is, at a minimum, consistent
with federal requirements. [1991 sp.s. c 8 § 19; 1980 c 177 §
70.]
(3) If a contractor wishes to challenge the legal validity
of a statute, rule, or contract provision relating to the medicaid payment rate system, or wishes to bring a challenge based
in whole or in part on federal law, it must bring such action de
novo in a court of proper jurisdiction as may be provided by
law. [1998 c 322 § 40; 1995 1st sp.s. c 18 § 114; 1983 1st
ex.s. c 67 § 39; 1980 c 177 § 77.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
74.46.780 Appeals or exception procedure. The
department shall establish in rule, consistent with federal
requirements for nursing facilities participating in the medicaid program, an appeals or exception procedure that allows
individual nursing care providers an opportunity to submit
additional evidence and receive prompt administrative
review of payment rates with respect to such issues as the
department deems appropriate. [1998 c 322 § 41; 1995 1st
sp.s. c 18 § 115; 1989 c 175 § 159; 1983 1st ex.s. c 67 § 40;
1980 c 177 § 78.]
74.46.780
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
74.46.790 Denial, suspension, or revocation of license
or provisional license—Penalties. The department is authorized to deny, suspend, or revoke a license or provisional
license or, in lieu thereof or in addition thereto, assess monetary penalties of a civil nature not to exceed one thousand
dollars per violation in any case in which it finds that the licensee, or any partner, officer, director, owner of five percent
or more of the assets of the nursing home, or managing
employee:
(1) Failed or refused to comply with the requirements of
this chapter or the rules and regulations established hereunder; or
(2) Has knowingly or with reason to know made a false
statement of a material fact in any record required by this
chapter; or
(3) Refused to allow representatives or agents of the
department to inspect all books, records, and files required by
this chapter to be maintained or any portion of the premises
of the nursing home; or
(4) Wilfully prevented, interfered with, or attempted to
impede in any way the work of any duly authorized representative of the department and the lawful enforcement of any
provision of this chapter; or
(5) Wilfully prevented or interfered with any representative of the department in the preservation of evidence of any
violation of any of the provisions of this chapter or the rules
and regulations promulgated hereunder. [1980 c 177 § 79.]
74.46.790
74.46.711
74.46.711 Resident personal funds—Conveyance
upon death of resident. Upon the death of a resident with a
personal fund deposited with the facility, the facility must
convey within thirty days the resident's funds, and a final
accounting of those funds, to the individual or probate jurisdiction administering the resident's estate; but in the case of a
resident who received long-term care services paid in whole
or in part by the department, the funds and accounting shall
be sent to the state of Washington, department of social and
health services, office of financial recovery. The department
shall establish a release procedure for use for burial expenses.
[2001 1st sp.s. c 8 § 14; 1995 1st sp.s. c 18 § 69.]
Severability—Effective dates—2001 1st sp.s. c 8: See notes following RCW 74.46.020.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
PART I
MISCELLANEOUS
74.46.770
74.46.770 Contractor appeals—Challenges of laws,
rules, or contract provisions—Challenge based on federal
law. (1) If a contractor wishes to contest the way in which a
rule relating to the medicaid payment system was applied to
the contractor by the department, it shall pursue any appeals
or exception procedure that the department may establish in
rule authorized by RCW 74.46.780.
(2) If a contractor wishes to challenge the legal validity
of a statute, rule, or contract provision or wishes to bring a
challenge based in whole or in part on federal law, any
appeals or exception procedure that the department may
establish in rule may not be used for these purposes. This prohibition shall apply regardless of whether the contractor
wishes to obtain a decision or ruling on an issue of validity or
federal compliance or wishes only to make a record for the
purpose of subsequent judicial review.
[Title 74 RCW—page 190]
74.46.800 Rule-making authority. (1) The department
shall have authority to adopt, amend, and rescind such
administrative rules and definitions as it deems necessary to
carry out the policies and purposes of this chapter and to
resolve issues and develop procedures that it deems necessary to implement, update, and improve the case mix elements of the nursing facility medicaid payment system.
(2) Nothing in this chapter shall be construed to require
the department to adopt or employ any calculations, steps,
74.46.800
(2004 Ed.)
Nursing Facility Medicaid Payment System
tests, methodologies, alternate methodologies, indexes, formulas, mathematical or statistical models, concepts, or procedures for medicaid rate setting or payment that are not
expressly called for in this chapter. [1998 c 322 § 42; 1980 c
177 § 80.]
74.46.803
74.46.803 Certificate of capital authorization—
Rules. The department shall establish rules for issuing a certificate of capital authorization. Applications for a certificate
of capital authorization shall be submitted and approved on a
biennial basis. The rules for a certificate of capital authorization shall be consistent with the following principles:
(1) The certificate of capital authorization shall be
approved on a first-come, first-served basis.
(2) Those projects that do not receive approval in one
authorization period shall have priority the following biennium should the project be resubmitted.
(3) The department shall have the authority to give priority for a project that is necessitated by an emergency situation
even if the project is not submitted in a timely fashion. The
department shall establish rules for determining what constitutes an emergency.
(4) The department shall establish deadlines for progress
and the department shall have the authority to withdraw the
certificate of capital authorization where the holder of the
certificate has not complied with those deadlines in a good
faith manner. [2001 1st sp.s. c 8 § 16.]
Severability—Effective dates—2001 1st sp.s. c 8: See notes following RCW 74.46.020.
74.46.807
74.46.807 Capital authorization—Determination.
The total capital authorization available for any biennial
period shall be specified in the biennial appropriations act
and shall be calculated on an annual basis. When setting the
capital authorization level, the legislature shall consider both
the need for, and the cost of, new and replacement beds.
[2001 1st sp.s. c 8 § 15.]
Severability—Effective dates—2001 1st sp.s. c 8: See notes following RCW 74.46.020.
74.46.820
74.46.820 Public disclosure. (1) Cost reports and their
final audit reports filed by the contractor shall be subject to
public disclosure pursuant to the requirements of chapter
42.17 RCW.
(2) Subsection (1) of this section does not prevent a contractor from having access to its own records or from authorizing an agent or designee to have access to the contractor's
records.
(3) Regardless of whether any document or report submitted to the secretary pursuant to this chapter is subject to
public disclosure, copies of such documents or reports shall
be provided by the secretary, upon written request, to the legislature and to state agencies or state or local law enforcement
officials who have an official interest in the contents thereof.
[1998 c 322 § 43; 1985 c 361 § 14; 1983 1st ex.s. c 67 § 41;
1980 c 177 § 82.]
Savings—1985 c 361: See note following RCW 74.46.020.
74.46.835
74.46.835 AIDS pilot nursing facility—Payment for
direct care. (1) Payment for direct care at the pilot nursing
(2004 Ed.)
74.46.901
facility in King county designed to meet the service needs of
residents living with AIDS, as defined in RCW 70.24.017,
and as specifically authorized for this purpose under chapter
9, Laws of 1989 1st ex. sess., shall be exempt from case mix
methods of rate determination set forth in this chapter and
shall be exempt from the direct care metropolitan statistical
area peer group cost limitation set forth in this chapter.
(2) Direct care component rates at the AIDS pilot facility
shall be based on direct care reported costs at the pilot facility, utilizing the same three-year, rate-setting cycle prescribed for other nursing facilities, and as supported by a
staffing benchmark based upon a department-approved acuity measurement system.
(3) The provisions of RCW 74.46.421 and all other ratesetting principles, cost lids, and limits, including settlement
as provided in RCW 74.46.165 shall apply to the AIDS pilot
facility.
(4) This section applies only to the AIDS pilot nursing
facility. [1998 c 322 § 46.]
74.46.840
74.46.840 Conflict with federal requirements. If any
part of this chapter or RCW 18.51.145 or 74.09.120 is found
by an agency of the federal government to be in conflict with
federal requirements that are a prescribed condition to the
receipts of federal funds to the state, the conflicting part of
this chapter or RCW 18.51.145 or 74.09.120 is declared inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of this
chapter or RCW 18.51.145 or 74.09.120 in its application to
the agencies concerned. In the event that any portion of this
chapter or RCW 18.51.145 or 74.09.120 is found to be in
conflict with federal requirements that are a prescribed condition to the receipt of federal funds, the secretary, to the extent
that the secretary finds it to be consistent with the general
policies and intent of chapters 18.51, 74.09, and 74.46 RCW,
may adopt such rules as to resolve a specific conflict and that
do meet minimum federal requirements. In addition, the secretary shall submit to the next regular session of the legislature a summary of the specific rule changes made and recommendations for statutory resolution of the conflict. [1998 c
322 § 44; 1983 1st ex.s. c 67 § 42; 1980 c 177 § 92.]
74.46.900
74.46.900 Severability—1980 c 177. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1980 c 177 § 93.]
74.46.901
74.46.901 Effective dates—1983 1st ex.s. c 67; 1980 c
177. (1) Sections 2, 7, 83, 85, 86, and 91 of chapter 177,
Laws of 1980 are necessary for the immediate preservation of
the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take
effect on April 4, 1980.
(2) Section 27 of chapter 177, Laws of 1980 shall take
effect on July 1, 1980.
(3) RCW 74.46.300, 74.46.360, *74.46.510, and
*74.46.530 shall take effect on January 1, 1985.
[Title 74 RCW—page 191]
74.46.902
Title 74 RCW: Public Assistance
(4) All other sections of chapter 74.46 RCW, except
those which took effect before July 1, 1983, shall take effect
on July 1, 1983, which shall be "the effective date of this act"
where that term is used in chapter 177, Laws of 1980. [1983
1st ex.s. c 67 § 49; 1981 1st ex.s. c 2 § 10; 1980 c 177 § 94.]
*Reviser's note: RCW 74.46.510 and 74.46.530 were repealed by 1995
1st sp.s. c 18 § 98, effective June 30, 1998.
Effective dates—1983 1st ex.s. c 67: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions and shall take effect
on July 1, 1983, with the exception of section 28 of this act, which shall take
effect on January 1, 1985." [1983 1st ex.s. c 67 § 51.]
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
74.46.902
74.46.902 Section captions—1980 c 177. Section captions as used in this act do not constitute any part of the law.
[1980 c 177 § 89.]
74.46.905
74.46.905 Severability—1983 1st ex.s. c 67. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1983 1st ex.s. c 67 § 43.]
74.46.906
74.46.906 Effective date—1998 c 322 §§ 1-37, 40-49,
and 52-54. Sections 1 through 37, 40 through 49, and 52
through 54 of this act take effect July 1, 1998. [1998 c 322 §
55.]
74.46.907
74.46.907 Severability—1998 c 322. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1998 c 322 § 56.]
Chapter 74.50
Chapter 74.50 RCW
ALCOHOLISM AND DRUG ADDICTION
TREATMENT AND SUPPORT
Sections
74.50.010
74.50.011
74.50.035
74.50.040
74.50.050
74.50.055
74.50.060
74.50.070
74.50.080
74.50.900
Legislative findings.
Additional legislative findings.
Shelter services—Eligibility.
Client assessment, treatment, and support services.
Treatment services.
Treatment services—Eligibility.
Shelter assistance program.
County multipurpose diagnostic center or detention center.
Rules—Discontinuance of service.
Short title.
Alcoholism, intoxication, and drug addiction treatment: Chapters 70.96 and
70.96A RCW.
(3) Many chronic public inebriates have been recycled
through county detoxification centers repeatedly without
apparent improvement;
(4) The assumption that all individuals will recover
through treatment has not been substantiated;
(5) The state must modify its policies and programs for
alcoholics and drug addicts and redirect its resources in the
interests of these individuals, the community, and the taxpayers; and
(6) Treatment resources should be focused on persons
willing to commit to rehabilitation; and
(7) It is the intent of the legislature that, to the extent possible, shelter services be developed under this chapter that do
not result in the displacement of existing emergency shelter
beds. To the extent that shelter operators do not object, it is
the intent of the legislature that any vacant shelter beds contracted for under this chapter be made available to provide
emergency temporary shelter to homeless individuals. [1988
c 163 § 1; 1987 c 406 § 2.]
74.50.011
74.50.011 Additional legislative findings. The legislature recognizes that alcoholism and drug addiction are treatable diseases and that most persons with this illness can
recover. For this reason, this chapter provides a range of substance abuse treatment services. In addition, the legislature
recognizes that when these diseases have progressed to the
stage where a person's alcoholism or drug addiction has
resulted in physiological or organic damage or cognitive
impairment, shelter services may be appropriate. The legislature further recognizes that distinguishing alcoholics and
drug addicts from persons incapacitated due to physical disability or mental illness is necessary in order to provide an
incentive for alcoholics and drug addicts to seek appropriate
treatment and in order to avoid use of programs that are not
oriented toward their conditions. [1989 1st ex.s. c 18 § 1.]
Study and report—1989 1st ex.s. c 18: "The department of social and
health services shall:
(1) Collect and maintain relevant demographic data regarding persons
receiving or awaiting treatment services under this chapter;
(2) Collect and maintain utilization data on inpatient treatment, outpatient treatment, shelter services, and medical services;
(3) Monitor contracted service providers to ensure conformance with
the omnibus appropriations act and the treatment priorities established in this
chapter;
(4) Report the results of the data collection and monitoring provided
for in this section to appropriate committees of the legislature on or before
December 1, 1989, and December 1, 1990." [1989 1st ex.s. c 18 § 7.]
Severability—1989 1st ex.s. c 18: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 1st ex.s. c 18 § 9.]
Effective date—1989 1st ex.s. c 18: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1989." [1989 1st ex.s. c 18 § 10.]
Applicability of chapter 74.08 RCW: RCW 74.08.900.
74.50.035
74.50.010
74.50.010 Legislative findings. The legislature finds:
(1) There is a need for reevaluation of state policies and
programs regarding indigent alcoholics and drug addicts;
(2) The practice of providing a cash grant may be causing rapid caseload growth and attracting transients to the
state;
[Title 74 RCW—page 192]
74.50.035 Shelter services—Eligibility. A person is
eligible for shelter services under this chapter only if he or
she:
(1) Meets the financial eligibility requirements contained
in RCW 74.04.005;
(2) Is incapacitated from gainful employment due to a
condition contained in subsection (3) of this section, which
(2004 Ed.)
Alcoholism and Drug Addiction Treatment and Support
incapacity will likely continue for a minimum of sixty days;
and
(3)(a) Suffers from active addiction to alcohol or drugs
manifested by physiological or organic damage resulting in
functional limitation, based on documented evidence from a
physician, psychologist, or alcohol or drug treatment professional who is determined by the department to be qualified to
make this finding; or
(b) Suffers from active addiction to alcohol or drugs to
the extent that impairment of the applicant's cognitive ability
will not dissipate with sobriety or detoxification, based on
documented evidence from a physician, psychologist, or
alcohol or drug treatment professional who is determined by
the department to be qualified to make this finding. [1989 1st
ex.s. c 18 § 2.]
Study and report—Severability—Effective date—1989 1st ex.s. c
18: See notes following RCW 74.50.011.
74.50.040
74.50.040 Client assessment, treatment, and support
services. (1) The department shall provide client assessment,
treatment, and support services. The assessment services
shall include diagnostic evaluation and arranging for admission into treatment or supported living programs.
(2) The department shall assist clients in making application for supplemental security benefits and in obtaining the
necessary documentation required by the federal social security administration for such benefits. [1987 c 406 § 5.]
74.50.050 Treatment services. (1) The department
shall establish a treatment program to provide, within available funds, alcohol and drug treatment services for indigent
persons eligible under this chapter. The treatment services
may include but are not limited to:
(a) Intensive inpatient treatment services;
(b) Recovery house treatment;
(c) Outpatient treatment and counseling, including assistance in obtaining employment, and including a living allowance while undergoing outpatient treatment. The living
allowance may not be used to provide shelter to clients in a
dormitory setting that does not require sobriety as a condition
of residence. The living allowance shall be administered on
the clients' behalf by the outpatient treatment facility or other
social service agency designated by the department. The
department is authorized to pay the facility a fee for administering this allowance.
(2) The department may require an applicant or recipient
selecting treatment to complete inpatient and recovery house
treatment when, in the judgment of a designated assessment
center, such treatment is necessary prior to providing the outpatient program. [2002 c 64 § 1; 1989 1st ex.s. c 18 § 5; 1988
c 163 § 3; 1987 c 406 § 6.]
74.50.050
Study and report—Severability—Effective date—1989 1st ex.s. c
18: See notes following RCW 74.50.011.
74.50.055
74.50.055 Treatment services—Eligibility. (1) A person shall not be eligible for treatment services under this
chapter unless he or she:
(a) Meets the financial eligibility requirements contained
in RCW 74.04.005; and
(b) Is incapacitated from gainful employment, which
incapacity will likely continue for a minimum of sixty days.
(2004 Ed.)
74.50.080
(2) First priority for receipt of treatment services shall be
given to pregnant women and parents of young children.
(3) In order to rationally allocate treatment services, the
department may establish by rule caseload ceilings and additional eligibility criteria, including the setting of priorities
among classes of persons for the receipt of treatment services. Any such rules shall be consistent with any conditions
or limitations contained in any appropriations for treatment
services. [1989 1st ex.s. c 18 § 4.]
Study and report—Severability—Effective date—1989 1st ex.s. c
18: See notes following RCW 74.50.011.
74.50.060 Shelter assistance program. (1) The department shall establish a shelter assistance program to provide,
within available funds, shelter for persons eligible under this
chapter. "Shelter," "shelter support," or "shelter assistance"
means a facility under contract to the department providing
room and board in a supervised living arrangement, normally
in a group or dormitory setting, to eligible recipients under
this chapter. This may include supervised domiciliary facilities operated under the auspices of public or private agencies.
No facility under contract to the department shall allow the
consumption of alcoholic beverages on the premises. The
department may contract with counties and cities for such
shelter services. To the extent possible, the department shall
not displace existing emergency shelter beds for use as shelter under this chapter. In areas of the state in which it is not
feasible to develop shelters, due to low numbers of people
needing shelter services, or in which sufficient numbers of
shelter beds are not available, the department may provide
shelter through an intensive protective payee program, unless
the department grants an exception on an individual basis for
less intense supervision.
(2) Persons continuously eligible for the general assistance—unemployable program since July 25, 1987, who
transfer to the program established by this chapter, have the
option to continue their present living situation, but only
through a protective payee. [1989 1st ex.s. c 18 § 3; 1988 c
163 § 4; 1987 c 406 § 7.]
74.50.060
Study and report—Severability—Effective date—1989 1st ex.s. c
18: See notes following RCW 74.50.011.
74.50.070
74.50.070 County multipurpose diagnostic center or
detention center. (1) If a county elects to establish a multipurpose diagnostic center or detention center, the alcoholism
and drug addiction assessment service under RCW 74.50.040
may be integrated into the services provided by such a center.
(2) The center may be financed from funds made available by the department for alcoholism and drug addiction
assessments under this chapter and funds contained in the
department's budget for detoxification, involuntary detention,
and involuntary treatment under chapters 70.96A and 71.05
RCW. The center may be operated by the county or pursuant
to contract between the county and a qualified organization.
[1987 c 406 § 8.]
74.50.080 Rules—Discontinuance of service. The
department by rule may establish procedures for the administration of the services provided by this chapter. Any rules
shall be consistent with any conditions or limitations on
appropriations provided for these services. If funds provided
74.50.080
[Title 74 RCW—page 193]
74.50.900
Title 74 RCW: Public Assistance
for any service under this chapter have been fully expended,
the department shall immediately discontinue that service.
[1989 1st ex.s. c 18 § 6; 1989 c 3 § 2.]
Study and report—Severability—Effective date—1989 1st ex.s. c
18: See notes following RCW 74.50.011.
74.50.900
74.50.900 Short title. This chapter may be cited as the
alcoholism and drug addiction treatment and support act.
[1987 c 406 § 1.]
Chapter 74.55
Chapter 74.55 RCW
CHILDREN'S SYSTEM OF CARE
Sections
74.55.010
74.55.020
74.55.030
74.55.050
Demonstration sites—Selection criteria—Definition.
Goals.
Collaboration contract or memorandum of understanding.
Funding—Report.
74.55.010
74.55.010 Demonstration sites—Selection criteria—
Definition. (1) The secretary shall establish demonstration
sites for statewide implementation of a children's system of
care. The demonstration sites shall be selected using the following criteria:
(a) The system administrator must be the recipient of
funding by the federal center for mental health services for
the purpose of developing a system of care for children with
emotional and behavioral disorders;
(b) The system administrator must have established a
process for ongoing input and coordination from the public
health and safety network or networks established in the
catchment area of the project; and
(c) The system administrator may be a project site under
a Title IV-E waiver.
(2) For the purposes of this section, "children's system of
care" means a centralized community care coordination system representing a philosophy about the way services should
be delivered to children and their families, using existing
resources of various child-serving agencies addressing the
problems of children with emotional and behavioral disorders. The agencies represented may include providers of
mental health services, drug and alcohol services, services for
the developmentally disabled, county juvenile justice and
state juvenile rehabilitation, child welfare, and special education. [2002 c 309 § 1.]
74.55.020
74.55.020 Goals. The goals of the children's system of
care are to:
(1) Maintain a multiagency collaborative planning and
system management mechanism at the state and local levels
through the establishment of an oversight committee at the
local level in accordance with the principles and program
requirements associated with the federal center for children's
mental health services;
(2) Recommend and make necessary financing changes
to support individualized and flexible home and communitybased services and supports that are child centered, family
driven, strength based, and culturally competent;
(3) Support a common screening tool and integrated care
coordination system;
[Title 74 RCW—page 194]
(4) Recommend and make necessary changes in contracting to support integrated service delivery;
(5) Promote and increase the expansion of system capacity for children and their families in each demonstration site
community;
(6) Develop the capacity of family members to provide
support for one another and to strengthen the family voice in
system implementation through the utilization of a citizens'
advisory board as described in *RCW 74.55.040 and through
other outreach activities;
(7) Conduct research and draw on outside consultation to
identify best practices to inform system development and
refinement; and
(8) Demonstrate cost-effectiveness by creating system
efficiencies that generate savings from the current level of
expenditures for children being served by the participating
agencies. These savings must be used to provide more services to the children involved in the project, or to serve more
children. [2002 c 309 § 2.]
*Reviser's note: RCW 74.55.040 expired January 1, 2004.
74.55.030
74.55.030 Collaboration contract or memorandum of
understanding. The secretary shall assure collaboration
with each demonstration site by child-serving entities operated directly by the department or by departmental contractors. A collaboration contract or memorandum of understanding shall be developed by the demonstration site and the secretary for that purpose. [2002 c 309 § 3.]
74.55.050
74.55.050 Funding—Report. Funding for children's
system of care projects following the expiration of the federal
grant shall be determined using the process established in
RCW 74.14A.060 and funded children's system of care
projects shall be included in the annual report required by that
section. [2002 c 309 § 5.]
Chapter 74.98
Chapter 74.98 RCW
CONSTRUCTION
Sections
74.98.010
74.98.020
74.98.030
74.98.040
74.98.050
74.98.060
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Purpose—1959 c 26.
Repeals and saving.
Emergency—1959 c 26.
74.98.010
74.98.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter, and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. [1959 c 26 §
74.98.010.]
74.98.020
74.98.020 Title, chapter, section headings not part of
law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of
the law. [1959 c 26 § 74.98.020.]
74.98.030
74.98.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application to
(2004 Ed.)
Construction
74.98.060
any person or circumstance is held invalid, the remainder of
the title, the application of the provision to other persons or
circumstances is not affected. [1959 c 26 § 74.98.030.]
74.98.040 Purpose—1959 c 26. It is the purpose and
intent of this title to provide for the public welfare by making
available, in conjunction with federal matching funds, such
public assistance as is necessary to insure to recipients
thereof a reasonable subsistence compatible with decency
and health. [1959 c 26 § 74.98.040.]
74.98.040
74.98.050 Repeals and saving.
74.98.050.
74.98.050
See 1959 c 26 §
74.98.060 Emergency—1959 c 26. This act is necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1959 c 26 § 74.98.060.]
74.98.060
(2004 Ed.)
[Title 74 RCW—page 195]
Title 76
Title 76
FORESTS AND FOREST PRODUCTS
Chapters
76.01 General provisions.
76.04 Forest protection.
76.06 Forest insect and disease control.
76.09 Forest practices.
76.10 Surface mining.
76.13 Stewardship of nonindustrial forests and woodlands.
76.14 Forest rehabilitation.
76.15 Community and urban forestry.
76.36 Marks and brands.
76.42 Wood debris—Removal from navigable waters.
76.44 Institute of forest resources.
76.48 Specialized forest products.
76.52 Cooperative forest management services act.
76.56 Center for international trade in forest products.
Access roads to public and state forest lands: Chapter 79.38 RCW.
County timber: Chapter 36.34 RCW.
Easements over public lands: Chapter 79.36 RCW.
Exchange of state lands to facilitate marketing of forest products or to consolidate state lands: RCW 79.17.010.
Excise tax on conveyance of standing timber: Chapter 82.45 RCW.
Forest management, major line at state universities: RCW 28B.10.115,
28B.20.060.
Forest roads, county: RCW 36.82.140.
Infractions: Chapter 7.84 RCW.
Lien for labor and services on timber and lumber: Chapter 60.24 RCW.
Limitation on liability of forest landowner for injuries to recreation users:
RCW 4.24.210.
Logging railroads: Title 81 RCW.
Logging trucks, special permits for use of roads and highways: RCW
46.44.047.
Logs on county highways and bridges: RCW 36.86.090.
Measurement of timber and wood products, fraud, penalty: RCW 9.45.122
through 9.45.126.
Motor vehicle size, weight and load: Chapter 46.44 RCW.
National forests, jurisdiction: Chapter 37.08 RCW.
Pest control compact: Chapter 17.34 RCW.
Reservation of timber on sale of county tax-title lands: RCW 36.35.120.
Safety supervisor: RCW 43.22.040.
Sustained yield plan and cooperative agreements: Chapter 79.10 RCW.
Taxation and/or assessment of lands lying both within fire protection district
and forest protection assessment area: RCW 52.16.170.
Transportation of forest products, applicability of public utility tax: RCW
82.16.020.
University demonstration forest and experiment station: RCW 79.17.030.
Chapter 76.01
Chapter 76.01 RCW
GENERAL PROVISIONS
Sections
76.01.080
76.01.090
(2004 Ed.)
Lacey compound—Light industrial facilities/land—Sale or
exchange.
Proposal for exchange or sale—Lacey compound site.
76.01.080
76.01.080 Lacey compound—Light industrial facilities/land—Sale or exchange. Except as provided in RCW
76.01.090, the department of natural resources may sell or
exchange the light industrial facilities and land in Thurston
county, known as the Lacey compound, which was acquired
as an administrative site. This land and the facilities may be
sold or exchanged for other lands and facilities in Thurston
county, or counties adjacent to Thurston county, for use as an
administrative site. The property may be exchanged for public or private property. The department is authorized to accept
cash or expend cash from appropriated funds in order to balance a proposed exchange. Alternatively, the department may
sell the Lacey compound at public auction or under *RCW
79.01.009. The sale or exchange must be for at least market
value. Transactions involving the construction of improvements must be conducted pursuant to Title 39 RCW, as applicable, and must comply with all other applicable laws and
rules. Proceeds received from the sale or exchange of the
Lacey compound must be deposited into the park land trust
revolving fund to be used to acquire a replacement administrative site. Funds received from the exchange or sale that are
not used to either replace or construct, or both, the administrative site must be deposited pursuant to **RCW 76.01.030
or into the appropriate trust account as determined by the
department. [2001 c 189 § 1.]
Reviser's note: *(1) RCW 79.01.009 was recodified as RCW
79.17.200 pursuant to 2003 c 334 § 560.
**(2) RCW 76.01.030 was repealed by 2003 c 334 § 235.
76.01.090
76.01.090 Proposal for exchange or sale—Lacey
compound site. Before proceeding with an exchange or sale
of the Lacey compound site, the department of natural
resources shall submit a proposal for an exchange or sale to
the office of financial management for review and approval.
The proposal shall include:
(1) A determination of the ownership by trust of the
Lacey compound site;
(2) A determination of the market value of the Lacey
compound site;
(3) A determination of prospective proportional use of
the future site based on function and an assessment of the
financial responsibility for the new site based on the functional analysis; and
(4) A financing plan for the future site based on prospective use.
The location of a future site is subject to the approval of
the board of natural resources and the state capitol committee.
Any additional funding requirements shall be submitted
for approval by the legislature by January 1, 2002. [2001 c
189 § 2.]
[Title 76 RCW—page 1]
Chapter 76.04
Chapter 76.04
Title 76 RCW: Forests and Forest Products
Chapter 76.04 RCW
FOREST PROTECTION
Sections
ADMINISTRATION
76.04.005
76.04.015
76.04.016
76.04.025
76.04.035
76.04.045
76.04.055
76.04.065
76.04.075
76.04.085
76.04.095
76.04.105
76.04.115
76.04.125
76.04.135
76.04.145
76.04.155
76.04.165
76.04.167
76.04.175
76.04.177
Definitions.
Fire protection powers and duties of department—Enforcement—Investigation—Administration.
Fire prevention and suppression capacity—Duties owed to
public in general—Legislative intent.
Federal funds.
Wardens—Appointment—Duties.
Rangers—Appointment—Ex officio rangers—Compensation.
Service of notices.
Arrests without warrants.
Rules—Penalty.
Penalty for violations.
Cooperative protection.
Contracts for protection and development.
Articles of incorporation—Requirements.
Requisites of contract.
Cooperative agreements—Public agencies.
Forest fire advisory board.
Fire fighting—Employment—Assistance.
Legislative declaration—Forest protection zones.
Legislative declaration—Equitable sharing of forest fire protection costs—Coordinated forest fire protection and suppression.
Fire suppression equipment—Comparison of costs.
Fire suppression equipment—Requirement to utilize private
equipment.
PERMITS
76.04.205
76.04.215
76.04.235
76.04.246
Burning permits.
Burning mill wood waste—Arresters.
Dumping mill waste, forest debris—Penalty.
Use of blasting fuse.
76.04.305
76.04.315
76.04.325
Closed to entry—Designation.
Suspension of burning permits/privileges.
Closure of forest operations or forest lands.
76.04.405
Steam, internal combustion, or electrical engines and other
spark-emitting equipment regulated.
Penalty for violations—Work stoppage notice.
Unauthorized entry into sealed fire tool box.
Deposit of fire or live coals.
Reports of fire.
Lighted material, etc.—Receptacles in conveyances.
Certain snags to be felled currently with logging.
Reimbursement for costs of suppression action.
Escaped slash burns—Obligations.
Negligent starting of fires or allowance of extreme fire hazard
or debris—Liability—Recovery of reasonable expenses—
Lien.
CLOSURES/SUSPENSIONS
FIRE PROTECTION REGULATION
76.04.415
76.04.425
76.04.435
76.04.445
76.04.455
76.04.465
76.04.475
76.04.486
76.04.495
ASSESSMENTS, OBLIGATIONS, FUNDS
76.04.600
76.04.610
76.04.620
76.04.630
Owners to protect forests.
Forest fire protection assessment.
State funds—Loans—Recovery of funds from the landowner
contingency forest fire suppression account.
Landowner contingency forest fire suppression account—
Expenditures—Assessments.
HAZARD ABATEMENT
76.04.650
76.04.660
Disposal of forest debris—Permission to allow trees to fall on
another's land.
Additional fire hazards—Extreme fire hazard areas—Abatement, isolation or reduction—Summary action—Recovery
of costs.
76.04.700
76.04.710
76.04.720
76.04.730
76.04.740
Failure to extinguish campfire.
Wilful setting of fire.
Removal of notices.
Negligent fire—Spread.
Reckless burning.
FIRE REGULATION
[Title 76 RCW—page 2]
76.04.750
76.04.900
Uncontrolled fire a public nuisance—Suppression—Duties—
Summary action—Recovery of costs.
Captions—1986 c 100.
Burning permits within fire protection districts: RCW 52.12.101.
Christmas trees—Cutting, breaking, removing: RCW 79.02.340 and
79.02.350.
Excessive steam in boilers, penalty: RCW 70.54.080.
Steam boilers and pressure vessels, construction, installation, inspection,
and certification: Chapter 70.79 RCW.
Treble damages for removal of trees: RCW 64.12.030 and 79.02.320.
ADMINISTRATION
76.04.005 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Additional fire hazard" means a condition existing
on any land in the state covered wholly or in part by forest
debris which is likely to further the spread of fire and thereby
endanger life or property. The term "additional fire hazard"
does not include green trees or snags left standing in upland
or riparian areas under the provisions of RCW 76.04.465 or
chapter 76.09 RCW.
(2) "Closed season" means the period between April 15
and October 15, unless the department designates different
dates because of prevailing fire weather conditions.
(3) "Department" means the department of natural
resources, or its authorized representatives, as defined in
chapter 43.30 RCW.
(4) "Department protected lands" means all lands subject
to the forest protection assessment under RCW 76.04.610 or
covered under contract or agreement pursuant to RCW
76.04.135 by the department.
(5) "Emergency fire costs" means those costs incurred or
approved by the department for emergency forest fire suppression, including the employment of personnel, rental of
equipment, and purchase of supplies over and above costs
regularly budgeted and provided for nonemergency fire
expenses for the biennium in which the costs occur.
(6) "Forest debris" includes forest slash, chips, and any
other vegetative residue resulting from activities on forest
land.
(7) "Forest fire service" includes all wardens, rangers,
and other persons employed especially for preventing or
fighting forest fires.
(8) "Forest land" means any unimproved lands which
have enough trees, standing or down, or flammable material,
to constitute in the judgment of the department, a fire menace
to life or property. Sagebrush and grass areas east of the summit of the Cascade mountains may be considered forest lands
when such areas are adjacent to or intermingled with areas
supporting tree growth. Forest land, for protection purposes,
does not include structures.
(9) "Forest landowner," "owner of forest land," "landowner," or "owner" means the owner or the person in possession of any public or private forest land.
(10) "Forest material" means forest slash, chips, timber,
standing or down, or other vegetation.
(11) "Landowner operation" means every activity, and
supporting activities, of a forest landowner and the landowner's agents, employees, or independent contractors or
permittees in the management and use of forest land subject
76.04.005
(2004 Ed.)
Forest Protection
to the forest protection assessment under RCW 76.04.610 for
the primary benefit of the owner. The term includes, but is
not limited to, the growing and harvesting of forest products,
the development of transportation systems, the utilization of
minerals or other natural resources, and the clearing of land.
The term does not include recreational and/ or residential
activities not associated with these enumerated activities.
(12) "Participating landowner" means an owner of forest
land whose land is subject to the forest protection assessment
under RCW 76.04.610.
(13) "Slash" means organic forest debris such as tree
tops, limbs, brush, and other dead flammable material
remaining on forest land as a result of a landowner operation.
(14) "Slash burning" means the planned and controlled
burning of forest debris on forest lands by broadcast burning,
underburning, pile burning, or other means, for the purposes
of silviculture, hazard abatement, or reduction and prevention
or elimination of a fire hazard.
(15) "Suppression" means all activities involved in the
containment and control of forest fires, including the patrolling thereof until such fires are extinguished or considered by
the department to pose no further threat to life or property.
(16) "Unimproved lands" means those lands that will
support grass, brush and tree growth, or other flammable
material when such lands are not cleared or cultivated and, in
the opinion of the department, are a fire menace to life and
property. [1992 c 52 § 24; 1986 c 100 § 1.]
76.04.015 Fire protection powers and duties of
department—Enforcement—Investigation—Administration. (1) The department may, at its discretion, appoint
trained personnel possessing the necessary qualifications to
carry out the duties and supporting functions of the department and may determine their respective salaries.
(2) The department shall have direct charge of and supervision of all matters pertaining to the forest fire service of the
state.
(3) The department shall:
(a) Enforce all laws within this chapter;
(b) Be empowered to take charge of and direct the work
of suppressing forest fires;
(c) Investigate the origin and cause of all forest fires to
determine whether either a criminal act or negligence by any
person, firm, or corporation caused the starting, spreading, or
existence of the fire. In conducting investigations, the department shall work cooperatively, to the extent possible, with
utilities, property owners, and other interested parties to identify and preserve evidence. Except as provided otherwise in
this subsection, the department in conducting investigations
is authorized, without court order, to take possession or control of relevant evidence found in plain view and belonging to
any person, firm, or corporation. To the extent possible, the
department shall notify the person, firm, or corporation of its
intent to take possession or control of the evidence. The person, firm, or corporation shall be afforded reasonable opportunity to view the evidence and, before the department takes
possession or control of the evidence, also shall be afforded
reasonable opportunity to examine, document, and photograph it. If the person, firm, or corporation objects in writing
to the department's taking possession or control of the evidence, the department must either return the evidence within
76.04.015
(2004 Ed.)
76.04.016
seven days after the day on which the department is provided
with the written objections or obtain a court order authorizing
the continued possession or control.
Absent a court order authorizing otherwise, the department may not take possession or control of evidence over the
objection of the owner of the evidence if: (i) The evidence is
used by the owner in conducting a business or in providing an
electric utility service; and (ii) the department's taking possession or control of the evidence would substantially and
materially interfere with the operation of the business or provision of electric utility service.
Absent a court order authorizing otherwise, the department may not take possession or control of evidence over the
objection of an electric utility when the evidence is not
owned by the utility but has caused damage to property
owned by the utility. However, this paragraph does not apply
if the department has notified the utility of its intent to take
possession or control of the evidence and provided the utility
with reasonable time to examine, document, and photograph
the evidence.
Only personnel qualified to work on electrical equipment may take possession or control of evidence owned or
controlled by an electric utility;
(d) Furnish notices or information to the public calling
attention to forest fire dangers and the penalties for violation
of this chapter;
(e) Be familiar with all timbered and cut-over areas of
the state; and
(f) Regulate and control the official actions of its
employees, the wardens, and the rangers.
(4) The department may:
(a) Authorize all needful and proper expenditures for forest protection;
(b) Adopt rules for the prevention, control, and suppression of forest fires as it considers necessary including but not
limited to: Fire equipment and materials; use of personnel;
and fire prevention standards and operating conditions
including a provision for reducing these conditions where
justified by local factors such as location and weather;
(c) Remove at will the commission of any ranger or suspend the authority of any warden;
(d) Inquire into:
(i) The extent, kind, value, and condition of all timber
lands within the state;
(ii) The extent to which timber lands are being destroyed
by fire and the damage thereon.
(5) When the department considers it to be in the best
interest of the state, it may cooperate with any agency of
another state, the United States or any agency thereof, the
Dominion of Canada or any agency or province thereof, and
any county, town, corporation, individual, or Indian tribe
within the state of Washington in forest fire fighting and
patrol. [1993 c 196 § 3; 1986 c 100 § 2.]
76.04.016 Fire prevention and suppression capacity—Duties owed to public in general—Legislative intent.
The department when acting, in good faith, in its statutory
capacity as a fire prevention and suppression agency, is carrying out duties owed to the public in general and not to any
individual person or class of persons separate and apart from
the public. Nothing contained in this title, including but not
76.04.016
[Title 76 RCW—page 3]
76.04.025
Title 76 RCW: Forests and Forest Products
limited to any provision dealing with payment or collection
of forest protection or fire suppression assessments, may be
construed to evidence a legislative intent that the duty to prevent and suppress forest fires is owed to any individual person or class of persons separate and apart from the public in
general. This section does not alter the department's duties
and responsibilities as a landowner. [1993 c 196 § 1.]
76.04.025
76.04.025 Federal funds. The department shall receive
and disburse any and all moneys contributed, allotted, or paid
by the United States under the authority of any act of Congress for use in cooperation with the state of Washington in
protecting and developing forests. [1986 c 100 § 3.]
76.04.035
76.04.035 Wardens—Appointment—Duties. (1) The
department may appoint any of its employees as wardens, at
the times and localities as it considers the public welfare
demands, within any area of the state where there is forest
land requiring protection.
(2) The duties of wardens shall be:
(a) To provide forest fire prevention and protection
information to the public;
(b) To investigate discovered or reported fires on forest
lands and take appropriate action;
(c) To patrol their areas as necessary;
(d) To visit all parts of their area, and frequented places
and camps as far as possible, and warn campers or other users
and visitors of fire hazards;
(e) To see that all locomotives and all steam, internal
combustion, and other spark-emitting equipment are provided with spark arresters and adequate devices for preventing the escape of fire or sparks in accordance with the law;
(f) To see that operations or activities on forest land have
all required fire prevention and suppression equipment or
devices as required by law;
(g) To extinguish wildfires;
(h) To set back-fires to control fires;
(i) To summons, impress, and employ help in controlling
wildfires;
(j) To see that all laws for the protection of forests are
enforced;
(k) To investigate, arrest, and initiate prosecution of all
offenders of this chapter or other chapters as allowed by law;
and
(l) To perform all other duties as prescribed by law and
as the department directs.
(3) All wardens and rangers shall render reports to the
department on blanks or forms, or in the manner and at the
times as may be ordered, giving a summary of how
employed, the area visited, expenses incurred, and other
information as required by the department.
(4) The department may suspend the authority of any
warden who may be incompetent or unwilling to discharge
properly the duties of the office.
(5) The department shall determine the placement of the
wardens and, upon its request to the county commissioners of
any county, the county commissioners shall designate and
furnish the wardens with suitably equipped office quarters in
the county courthouse.
[Title 76 RCW—page 4]
(6) The authority of the wardens regarding the prevention, suppression, and control of forest fires, summoning,
impressing, or employing help, or making arrests for violations of this chapter may extend to any part of the state.
[1986 c 100 § 4.]
76.04.045
76.04.045 Rangers—Appointment—Ex officio rangers—Compensation. (1) All Washington state patrol officers, fish and wildlife officers, deputy state fire marshals, and
state park rangers, while in their respective jurisdictions,
shall be ex officio rangers.
(2) Employees of the United States forest service, when
recommended by their forest supervisor, and citizens of the
state advantageously located may, at the discretion of the
department, be commissioned as rangers and vested with the
certain powers and duties of wardens as specified in this
chapter and as directed by the department.
(3) Rangers shall receive no compensation for their services except when employed in cooperation with the state
and under the provisions of this chapter and shall not create
any indebtedness or incur any liability on behalf of the state:
PROVIDED, That rangers actually engaged in extinguishing
or preventing the spread of fire on forest land or elsewhere
that may endanger forest land shall, when their accounts for
such service have been approved by the department, be entitled to receive compensation for such services at a rate to be
fixed by the department.
(4) The department may cancel the commission of any
ranger or authority granted to any ex officio ranger who may
be incompetent or unwilling to discharge properly the duties
of the office. [2001 c 253 § 9; 1986 c 100 § 5.]
76.04.055
76.04.055 Service of notices. Any notice required by
law to be served by the department, warden, or ranger shall
be sufficient if a written or printed copy thereof is delivered,
mailed, telegraphed, or electronically transmitted by the
department, warden, or ranger to the person to receive the
notice or to his or her responsible agent. If the name or
address of the person or agent is unknown and cannot be
obtained by reasonable diligence, the notice may be served
by posting the copy in a conspicuous place upon the premises
concerned by the notice. [1986 c 100 § 6.]
76.04.065
76.04.065 Arrests without warrants. Department
employees appointed as wardens, persons commissioned as
rangers, and all police officers may arrest persons violating
this chapter, without warrant, as prescribed by law. [1986 c
100 § 7.]
76.04.075
76.04.075 Rules—Penalty. Any person who violates
any of the orders or rules adopted under this chapter for the
protection of forests from fires is guilty of a misdemeanor
and subject to the penalties for a misdemeanor under RCW
9A.20.021, unless another penalty is provided. [1986 c 100 §
8.]
76.04.085
76.04.085 Penalty for violations. Unless specified otherwise, violations of the provisions of this chapter shall be a
misdemeanor and subject to the penalties for a misdemeanor
under RCW 9A.20.021. [1986 c 100 § 9.]
(2004 Ed.)
Forest Protection
76.04.095
76.04.095 Cooperative protection. When any responsible protective agency or agencies composed of timber owners other than the state agrees to undertake systematic forest
protection in cooperation with the state and such cooperation
appears to the department to be more advantageous to the
state than the state-provided forest fire services, the department may designate suitable areas to be official cooperative
districts and substitute cooperative services for the state-provided services. The department may cooperate in the compensation for expenses of preventing and controlling fire in
cooperative districts to the extent it considers equitable on
behalf of the state. [1986 c 100 § 10.]
76.04.105
76.04.105 Contracts for protection and development.
The department may enter into contracts and undertakings
with private corporations for the protection and development
of the forest lands within the state, subject to the provisions of
this chapter. [1986 c 100 § 11.]
76.04.115
76.04.115 Articles of incorporation—Requirements.
Before any private corporation may enter into any contract
under RCW 76.04.105, there shall be incorporated into the
articles of incorporation or charter of such corporation a provision requiring that the corporation, out of its earnings or
earned surplus, and in a manner satisfactory to the department, annually set apart funds to discharge any contract
entered into between such corporation and the department.
[1986 c 100 § 12.]
76.04.125
76.04.125 Requisites of contract. Any undertaking for
the protection and development of the forest lands of the state
under RCW 76.04.105 shall be regulated and controlled by a
contract to be entered into between the private corporation
and the department. The contract shall outline the lands
involved and the conditions and details of the undertaking,
including an exact specification of the amount of funds to be
made available by the corporation and the time and manner of
disbursement. Before entering into any such contract, the
department shall be satisfied that the private corporation is
financially solvent and will be able to carry out the project
outlined in the contract. The department shall have charge of
the project for the protection and development of the forest
lands described in the contract, and any expense incurred by
the department under any such contract shall be payable
solely by the corporation from the funds provided by it for
these purposes. The state of Washington shall not in any
event be responsible to any person, firm, company, or corporation for any indebtedness created by any corporation under
a contract pursuant to RCW 76.04.105. [1986 c 100 § 13.]
76.04.135
76.04.135 Cooperative agreements—Public agencies.
(1) For the purpose of promoting and facilitating cooperation
between fire protection agencies and to more adequately protect life, property, and the natural resources of the state, the
department may enter into a contract or agreement with a
municipality, county, state, or federal agency to provide fire
detection, prevention, presuppression, or suppression services on property which they are responsible to protect.
(2) Contracts or agreements under subsection (1) of this
section may contain provisions for the exchange of services
(2004 Ed.)
76.04.165
on a cooperative basis or services in return for cash payment
or other compensation.
(3) No charges may be made when the department determines that under a cooperative contract or agreement the
assistance received from a municipality, county, or federal
agency on state protected lands equals that provided by the
state on municipal, county, or federal lands. [1986 c 100 §
14.]
76.04.145
76.04.145 Forest fire advisory board. (1) There is
hereby created a forest fire advisory board, consisting of
seven members who shall represent private and public forest
landowners and other interested segments of the public. The
members shall be appointed by the commissioner of public
lands and shall serve at the commissioner's pleasure, without
compensation.
(2) The duties of the forest fire advisory board shall be
strictly advisory and shall include, but not necessarily be limited to:
(a) Reviewing forest fire prevention and suppression
policies of the department;
(b) Monitoring expenditures from and recoveries for the
landowner contingency forest fire suppression account;
(c) Recommending appropriate assessments and allocations for establishment and replenishment of the account
based upon the proportionate expenditures necessitated by
participating landowner operations in western and eastern
Washington;
(d) Recommending to the department appropriate rules
or amendments to existing rules and reviewing nonemergency rules affecting the protection of forest lands from fire,
including reasonable alternative means or procedures for the
abatement, isolation, or reduction of forest fire hazards.
(3) Except where an emergency exists, all rules concerning matters listed in subsection (2)(d) of this section shall be
adopted by the department after consultation with the forest
fire advisory board. [1986 c 100 § 15.]
76.04.155
76.04.155 Fire fighting—Employment—Assistance.
(1) The department may employ a sufficient number of persons to extinguish or prevent the spreading of any fire that
may be in danger of damaging or destroying any timber or
other property on department protected lands. The department may provide needed tools and supplies and may provide
transportation when necessary for persons so employed.
(2) Every person so employed is entitled to compensation at a rate to be fixed by the department. The department
shall, upon request, show the person the number of hours
worked by that person and the rate established for payment.
After approval of the department, that person is entitled to
receive payment from the state.
(3) It is unlawful to fail to render assistance when called
upon by the department to aid in guarding or extinguishing
any fire. [1986 c 100 § 16.]
76.04.165
76.04.165 Legislative declaration—Forest protection
zones. (1) The legislature finds and declares that forest lands
within the state are increasingly being used for residential
purposes; that the risk to life and property is increasing from
forest fires which may destroy developed property; that,
[Title 76 RCW—page 5]
76.04.167
Title 76 RCW: Forests and Forest Products
based on the primary missions for the respective fire control
agencies established in this chapter, adjustment of the geographic areas of responsibility has not kept pace with the
increasing use of forest lands for residential purposes; and
that the department should work with the state's other fire
control agencies to define geographic areas of responsibility
that are more consistent with their respective primary missions.
(2) To accomplish the purposes of subsection (1) of this
section, the department shall establish a procedure to clarify
its geographic areas of responsibility. The areas of department protection shall be called forest protection zones. The
forest protection zones shall include all forest land which the
department is obligated to protect but shall not include forest
land within rural fire districts or municipal fire districts
which affected local fire control agencies agree, by mutual
consent with the department, is not appropriate for department protection. Forest land not included within a forest protection zone established by mutual agreement of the department and a rural fire district or a municipal fire district shall
not be assessed under RCW 76.04.610 or 76.04.630.
(3) After the department and any affected local fire protection agencies have agreed on the boundary of a forest protection zone, the department shall establish the boundary by
rule under chapter 34.05 RCW.
(4) Except by agreement of the affected parties, the
establishment of forest protection zones shall not alter any
mutual aid agreement. [1995 c 151 § 2; 1988 c 273 § 2.]
76.04.167
76.04.167 Legislative declaration—Equitable sharing of forest fire protection costs—Coordinated forest fire
protection and suppression. (1) The legislature hereby
finds and declares that:
(a) Forest wild fires are a threat to public health and
safety and can cause catastrophic damage to public and private resources, including clean air, clean water, fish and wildlife habitat, timber resources, forest soils, scenic beauty, recreational opportunities, economic and employment opportunities, structures, and other improvements;
(b) Forest landowners and the public have a shared interest in protecting forests and forest resources by preventing
and suppressing forest wild fires;
(c) A recent independent analysis of the state fire program considered it imperative to restore a more equitable
split between the general fund and forest protection assessments;
(d) Without a substantial increase in forest protection
funds, the state's citizens will be paying much more money
for emergency fire suppression; and
(e) It is therefore the intent of the legislature that the
costs of fire protection be equitably shared between the forest
protection assessment account and state contributions to
ensure that there will be sufficient fire fighters who are
equipped and trained to respond quickly to fires in order to
keep fires small and manage those large fires that do occur. In
recognition of increases in landowner assessments, the legislature declares its intent that increases in the state's share for
forest protection should be provided to stabilize the funding
for the forest protection program, and that sufficient state
funds should be committed to the forest protection program
[Title 76 RCW—page 6]
so that the recommendations contained in the 1997 tridata
report can be implemented on an equitable basis.
(2) The legislature hereby finds and declares that it is in
the public interest to establish and maintain a complete, cooperative, and coordinated forest fire protection and suppression program for the state; that, second only to saving lives,
the primary mission of the department is protecting forest
resources and suppressing forest wild fires; that a primary
mission of rural fire districts and municipal fire departments
is protecting improved property and suppressing structural
fires; and that the most effective way to protect structures is
for the department to focus its efforts and resources on
aggressively suppressing forest wild fires.
(3) The legislature also acknowledges the natural role of
fire in forest ecosystems, and finds and declares it in the public interest to use fire under controlled conditions to prevent
wild fires by maintaining healthy forests and eliminating
sources of fuel. [2001 c 279 § 1; 1995 c 151 § 1.]
76.04.175
76.04.175 Fire suppression equipment—Comparison
of costs. (1) The department shall, by June 1 of each year,
establish a list of fire suppression equipment, such as portable
showers, kitchens, water tanks, dozers, and hauling equipment, provided by the department so that the cost by unit or
category can be determined and can be compared to the
expense of utilizing private vendors.
(2) The department shall establish a roster of quotes by
vendors who are able to provide equipment to respond to
incidents involving wildfires on department-protected lands.
The department shall use these quotes from private vendors
to make a comparison with the costs established in subsection
(1) of this section. The department shall utilize the most
effective and efficient resource available for responding to
wildfires. [1995 c 113 § 2.]
Finding—Intent—1995 c 113: "The legislature finds that it is frequently in the best interest of the state to utilize fire suppression equipment
from private vendors whenever possible in responding to incidents involving
wildfires on department-protected lands. It is the intent of the legislature to
encourage the department of natural resources to utilize kitchen, shower, and
other fire suppression equipment from private vendors as allowed in RCW
76.04.015(4)(b), when such utilization will be most effective and efficient."
[1995 c 113 § 1.]
76.04.177
76.04.177 Fire suppression equipment—Requirement to utilize private equipment. Before constructing or
purchasing any equipment listed in RCW 76.04.175(1) for
wildfire suppression, the department shall compare the per
use cost of the equipment to be purchased or constructed with
the per use cost of utilizing private equipment. If utilizing private equipment is more effective and efficient, the department may not construct or purchase the equipment but shall
utilize the equipment from the lowest responsive bidder.
[1995 c 113 § 3.]
Finding—Intent—1995 c 113: See note following RCW 76.04.175.
PERMITS
76.04.205
76.04.205 Burning permits. (1) Except in certain areas
designated by the department or as permitted under rules
adopted by the department, a person shall have a valid written
burning permit obtained from the department to burn:
(2004 Ed.)
Forest Protection
(a) Any flammable material on any lands under the protection of the department; or
(b) Refuse or waste forest material on forest lands protected by the department.
(2) To be valid a permit must be signed by both the
department and the permittee. Conditions may be imposed in
the permit for the protection of life, property, or air quality
and [the department] may suspend or revoke the permits
when conditions warrant. A permit shall be effective only
under the conditions and for the period stated therein. Signing
of the permit shall indicate the permittee's agreement to and
acceptance of the conditions of the permit.
(3) The department may inspect or cause to be inspected
the area involved and may issue a burning permit if:
(a) All requirements relating to fire fighting equipment,
the work to be done, and precautions to be taken before commencing the burning have been met;
(b) No unreasonable danger will result; and
(c) Burning will be done in compliance with air quality
standards established by chapter 70.94 RCW.
(4) The department, authorized employees thereof, or
any warden or ranger may refuse, revoke, or postpone the use
of permits to burn when necessary for the safety of adjacent
property or when necessary in their judgment to prevent air
pollution as provided in chapter 70.94 RCW. [1986 c 100 §
17.]
76.04.215
76.04.215 Burning mill wood waste—Arresters. (1)
It is unlawful for anyone manufacturing lumber or shingles,
or other forest products, to destroy wood waste material by
burning within one-fourth of one mile of any forest material
without properly confining the place of the burning and without further safeguarding the surrounding property against
danger from the burning by such additional devices as the
department may require.
(2) It is unlawful for anyone to destroy any wood waste
material by fire within any burner or destructor operated
within one-fourth of one mile of any forest material, or to
operate any power-producing plant using in connection therewith any smokestack, chimney, or other spark-emitting outlet, without installing and maintaining on such burner, or
destructor, or on such smokestack, chimney, or other sparkemitting outlet, a safe and suitable device for arresting
sparks. [1986 c 100 § 18.]
76.04.325
76.04.246
76.04.246 Use of blasting fuse. It is unlawful to use
fuse for blasting on any area of logging slash or area of actual
logging operation without a permit during the closed season.
Upon the issuance of a written permit by the department or
warden or ranger, fuse may be used during the closed season
under the conditions specified in the permit. [1986 c 100 §
20.]
CLOSURES/SUSPENSIONS
76.04.305
76.04.305 Closed to entry—Designation. (1) When, in
the opinion of the department, any forest land is particularly
exposed to fire danger, the department may designate such
land as a region of extra fire hazard subject to closure, and the
department shall adopt rules for the protection thereof.
(2) All such rules shall be published in such newspapers
of general circulation in the counties wherein such region is
situated and for such length of time as the department may
determine.
(3) When in the opinion of the department it becomes
necessary to close the region to entry, posters carrying the
wording "Region of extra fire hazard-CLOSED TO ENTRYexcept as provided by RCW 76.04.305" and indicating the
beginning and ending dates of the closures shall be posted on
the public highways entering the regions.
(4) The rules shall be in force from the time specified
therein, but when in the opinion of the department such forest
region continues to be exposed to fire danger, or ceases to be
so exposed, the department may extend, suspend, or terminate the closure by proclamation.
(5) This section does not authorize the department to
prohibit the conduct of industrial operations, public work, or
access of permanent residents to their own property within
the closed area, but no one legally entering the region of extra
fire hazard may use the area for recreational purposes which
are prohibited to the general public under the terms of this
section. [1986 c 100 § 21.]
76.04.315
76.04.315 Suspension of burning permits/privileges.
In times and localities of unusual fire danger, the department
may issue an order suspending any or all burning permits or
privileges authorized by RCW 76.04.205 and may prohibit
absolutely the use of fire in such locations. [1986 c 100 § 22.]
76.04.325
76.04.235
76.04.235 Dumping mill waste, forest debris—Penalty. (1) No person may dump mill waste from forest products, or forest debris of any kind, in quantities that the department declares to constitute a forest fire hazard on or threatening forest lands located in this state without first obtaining a
written permit issued by the department on such terms and
conditions determined by the department pursuant to rules
enacted to protect forest lands from fire. The permit is in
addition to any other permit required by law.
(2) Any person who dumps such mill waste, or forest
debris, without a permit, or in violation of a permit is guilty
of a gross misdemeanor and subject to the penalties for a
gross misdemeanor under RCW 9A.20.021 and may further
be required to remove all materials dumped. [1986 c 100 §
19.]
(2004 Ed.)
76.04.325 Closure of forest operations or forest
lands. (1) When in the opinion of the department weather
conditions arise which present an extreme fire hazard,
whereby life and property may be endangered, the department may issue an order shutting down all logging, land
clearing, or other industrial operations which may cause a fire
to start. The shutdown shall be for the periods and regions
designated in the order. During shutdowns, all persons are
excluded from logging operating areas and areas of logging
slash, except those present in the interest of fire protection.
(2) When in the opinion of the department extreme fire
weather exists, whereby forest lands may be endangered, the
department may issue an order restricting access to and activities on forest lands. The order shall describe the regions and
extent of restrictions necessary to protect forest lands. During
the period in which the order is in effect, all persons may be
[Title 76 RCW—page 7]
76.04.405
Title 76 RCW: Forests and Forest Products
excluded from the regions described, except those persons
present in the interest of fire protection.
(3) Each day's violation of an order under this section
shall constitute a separate offense. [1986 c 100 § 23.]
FIRE PROTECTION REGULATION
76.04.405
76.04.405 Steam, internal combustion, or electrical
engines and other spark-emitting equipment regulated. It
is unlawful during the closed season for any person to operate
any steam, internal combustion, or electric engine, or any
other spark-emitting equipment or device, on any forest land
or in any place where, in the opinion of the department, fire
could spread to forest land, without first complying with the
requirements as may be established by the department by rule
pursuant to this chapter. [1986 c 100 § 24.]
brush areas except on roads, cleared landings, gravel pits, or
any similar area free of flammable material.
(3) Every conveyance operated through or above forest,
range, brush, or grain areas shall be equipped in each compartment with a suitable receptacle for the disposition of
lighted tobacco, cigars, cigarettes, matches, or other flammable material.
(4) Every person operating a public conveyance through
or above forest, range, brush, or grain areas shall post a copy
of this section in a conspicuous place within the smoking
compartment of the conveyance; and every person operating
a saw mill or a logging camp in any such areas shall post a
copy of this section in a conspicuous place upon the ground
or buildings of the milling or logging operation. [1986 c 100
§ 29.]
76.04.465
76.04.415
76.04.415 Penalty for violations—Work stoppage
notice. (1) Every person upon receipt of written notice
issued by the department that such person has or is violating
any of the provisions of RCW 76.04.215, 76.04.305,
76.04.405, or 76.04.650 or any rule adopted by the department concerning fire prevention and fire suppression preparedness shall cease operations until compliance with the
provisions of the sections or rules specified in such notice.
(2) The department may specify in the notice of violation
the special conditions and precautions under which the operation would be allowed to continue until the end of that working day. [1986 c 100 § 25.]
76.04.425
76.04.425 Unauthorized entry into sealed fire tool
box. It is unlawful to enter into a sealed fire tool box without
authorization. [1986 c 100 § 26.]
76.04.435
76.04.435 Deposit of fire or live coals. No person
operating a railroad may permit to be deposited by any
employee, and no one may deposit fire or live coals, upon the
right of way within one-fourth of one mile of any forest material, during the closed season, unless the fire or live coals are
immediately extinguished. [1986 c 100 § 27.]
76.04.445
76.04.445 Reports of fire. (1) Any person engaged in
any activity on forest lands shall immediately report to the
department, in person or by radio, telephone, or telegraph,
any fires on forest lands.
(2) Railroad companies and other public carriers operating on or through forest lands shall immediately report to the
department, in person or by radio, telephone, or telegraph,
any fires on or adjacent to their right of way or route. [1986
c 100 § 28.]
76.04.455
76.04.455 Lighted material, etc.—Receptacles in conveyances. (1) It is unlawful during the closed season for any
person to throw away any lighted tobacco, cigars, cigarettes,
matches, fireworks, charcoal, or other lighted material or to
discharge any tracer or incendiary ammunition in any forest,
brush, range, or grain areas.
(2) It is unlawful during the closed season for any individual to smoke any flammable material when in forest or
[Title 76 RCW—page 8]
76.04.465 Certain snags to be felled currently with
logging. Standing dead trees constitute a substantial deterrent to effective fire control action in forest areas, but are also
an important and essential habitat for many species of wildlife. To insure continued existence of these wildlife species
and continued forest growth while minimizing the risk of
destruction by conflagration, only certain snags must be
felled currently with the logging. The department shall adopt
rules relating to effective fire control action to require that
only certain snags be felled, taking into consideration the
need to protect the wildlife habitat. [1986 c 100 § 30.]
76.04.475
76.04.475 Reimbursement for costs of suppression
action. Any person, firm, or corporation, public or private,
obligated to take suppression action on any forest fire is entitled to reimbursement for reasonable costs incurred, subject
to the following:
(1) No reimbursement is allowed under this section to a
person, firm, or corporation whose negligence is responsible
for the starting or existence of any fire for which costs may be
recoverable pursuant to law. Reimbursement for fires resulting from slash burns are subject to RCW 76.04.486.
(2) If the fire is started in the course of or as a result of
land clearing operations, right of way clearing, or a landowner operation, the person, firm, or corporation conducting
the operation shall supply:
(a) At no cost to the department, all equipment and ablebodied persons under contract, control, employment, or ownership that are requested by the department and are reasonably available until midnight of the day on which the fire
started; and
(b) After midnight of the day on which the fire started, at
no cost to the department, all equipment and able-bodied persons under contract, control, employment, or ownership that
were within a one-half mile radius of the fire at the time of
discovery, until the fire is declared out by the department. In
no case may the person, firm, or corporation provide less than
one suitable bulldozer and five able-bodied persons, or other
equipment accepted by the department as equivalent, unless
the department determines less is needed for the purpose of
suppressing the fire; and
(c) If the person, firm, or corporation has no personnel or
equipment within one-half mile of the fire, payment shall be
made to the department for the minimum requirement of one
(2004 Ed.)
Forest Protection
suitable bulldozer and five able-bodied persons, for the duration of the fire; and
(d) If, after midnight of the day on which the fire started,
additional personnel and equipment are requested by the
department, the person, firm, or corporation shall supply the
personnel and equipment under contract, control, employment, or ownership outside the one-half mile radius, if reasonably available, but shall be reimbursed for such personnel
and equipment as provided in subsection (4) of this section.
(3) When a fire which occurred in the course of or as a
result of land clearing operations, right of way clearing, or a
landowner operation, which had previously been suppressed,
rekindles, the person, firm, or corporation shall supply the
same personnel and equipment, under the same conditions, as
were required at the time of the original fire.
(4) Claims for reimbursement shall be submitted within
a reasonable time to the department which shall upon verifying the amounts therein and the necessity thereof authorize
payment at such rates as established by the department for
wages and equipment rental. [1986 c 100 § 31.]
76.04.610
taxable court costs, if the expense was authorized or subsequently approved by the department. The authority granted
under this subsection allowing the recovery of reasonable
expenses incurred by fire protection agencies of the United
States shall apply only to such expenses incurred after June
30, 1993.
(2) The department or agency incurring such expense
shall have a lien for the same against any property of the person, firm, or corporation liable under subsection (1) of this
section by filing a claim of lien naming the person, firm, or
corporation, describing the property against which the lien is
claimed, specifying the amount expended on the lands on
which the fire fighting took place and the period during
which the expenses were incurred, and signing the claim with
post office address. No claim of lien is valid unless filed, with
the county auditor of the county in which the property sought
to be charged is located, within a period of ninety days after
the expenses of the claimant are incurred. The lien may be
foreclosed in the same manner as a mechanic's lien is foreclosed under the statutes of the state of Washington. [1993 c
196 § 2; 1986 c 100 § 33.]
76.04.486
76.04.486 Escaped slash burns—Obligations. (1) All
personnel and equipment required by the burning permit
issued for a slash burn may be required by the department, at
the permittee's expense, for suppression of a fire resulting
from the slash burn until the fire is declared out by the department. In no case may the permittee provide less than one suitable bulldozer and five persons capable of taking suppression
action. In addition, if a slash burn becomes an uncontrolled
fire the department may recover from the landowner the
actual costs incurred in suppressing the fire. The amount collected from the landowner shall be limited to and calculated
at the rate of one dollar per acre for the landowner's total forest lands protected by the department, up to a maximum
charge of fifty thousand dollars per escaped slash burn.
(2) The landowner contingency forest fire suppression
account shall be used to pay and the permittee shall not be
responsible for fire suppression expenditures greater than
fifty thousand dollars or the total amount calculated for forest
lands owned as determined in subsection (1) of this section
for each escaped slash burn.
(3) All expenses incurred in suppressing a fire resulting
from a slash burn in which negligence was involved shall be
the obligation of the landowner. [1986 c 100 § 32.]
76.04.495
76.04.495 Negligent starting of fires or allowance of
extreme fire hazard or debris—Liability—Recovery of
reasonable expenses—Lien. (1) Any person, firm, or corporation: (a) Whose negligence is responsible for the starting or
existence of a fire which spreads on forest land; or (b) who
creates or allows an extreme fire hazard under RCW
76.04.660 to exist and which hazard contributes to the spread
of a fire; or (c) who allows forest debris subject to RCW
76.04.650 to exist and which debris contributes to the spread
of fire, shall be liable for any reasonable expenses made necessary by (a), (b), or (c) of this subsection. The state, a municipality, a forest protective association, or any fire protection
agency of the United States may recover such reasonable
expenses in fighting the fire, together with costs of investigation and litigation including reasonable attorneys' fees and
(2004 Ed.)
ASSESSMENTS, OBLIGATIONS, FUNDS
76.04.600
76.04.600 Owners to protect forests. Every owner of
forest land in the state of Washington shall furnish or provide, during the season of the year when there is danger of
forest fires, adequate protection against the spread of fire
thereon or therefrom which shall meet with the approval of
the department. [1986 c 100 § 34.]
76.04.610
76.04.610 Forest fire protection assessment. (1) If
any owner of forest land within a forest protection zone
neglects or fails to provide adequate fire protection as
required by RCW 76.04.600, the department shall provide
such protection and shall annually impose the following
assessments on each parcel of such land: (a) A flat fee assessment of fourteen dollars and fifty cents; and (b) twenty-five
cents on each acre exceeding fifty acres. Assessors may, at
their option, collect the assessment on tax exempt lands. If
the assessor elects not to collect the assessment, the department may bill the landowner directly.
(2) An owner who has paid assessments on two or more
parcels, each containing fewer than fifty acres and each
within the same county, may obtain the following refund:
(a) If all the parcels together contain less than fifty acres,
then the refund is equal to the flat fee assessments paid,
reduced by the total of (i) fourteen dollars and (ii) the total of
the amounts retained by the county from such assessments
under subsection (5) of this section.
(b) If all the parcels together contain fifty or more acres,
then the refund is equal to the flat fee assessments paid,
reduced by the total of (i) fourteen dollars, (ii) twenty-five
cents for each acre exceeding fifty acres, and (iii) the total of
the amounts retained by the county from such assessments
under subsection (5) of this section.
Applications for refunds shall be submitted to the department on a form prescribed by the department and in the same
year in which the assessments were paid. The department
may not provide refunds to applicants who do not provide
[Title 76 RCW—page 9]
76.04.620
Title 76 RCW: Forests and Forest Products
verification that all assessments and property taxes on the
property have been paid. Applications may be made by mail.
In addition to the procedures under this subsection, property owners with multiple parcels in a single county who
qualify for a refund under this section may apply to the
department on an application listing all the parcels owned in
order to have the assessment computed on all parcels but
billed to a single parcel. Property owners with the following
number of parcels may apply to the department in the year
indicated:
Year
2002
2003
2004 and thereafter
Number of Parcels
10 or more parcels
8 or more parcels
6 or more parcels
The department must compute the correct assessment
and allocate one parcel in the county to use to collect the
assessment. The county must then bill the forest fire protection assessment on that one allocated identified parcel. The
landowner is responsible for notifying the department of any
changes in parcel ownership.
(3) Beginning January 1, 1991, under the administration
and at the discretion of the department up to two hundred
thousand dollars per year of this assessment shall be used in
support of those rural fire districts assisting the department in
fire protection services on forest lands.
(4) For the purpose of this chapter, the department may
divide the forest lands of the state, or any part thereof, into
districts, for fire protection and assessment purposes, may
classify lands according to the character of timber prevailing,
and the fire hazard existing, and place unprotected lands
under the administration of the proper district. Amounts paid
or contracted to be paid by the department for protection of
forest lands from funds at its disposal shall be a lien upon the
property protected, unless reimbursed by the owner within
ten days after October 1st of the year in which they were
incurred. The department shall be prepared to make statement thereof, upon request, to a forest owner whose own protection has not been previously approved as to its adequacy,
the department shall report the same to the assessor of the
county in which the property is situated. The assessor shall
extend the amounts upon the tax rolls covering the property,
and upon authorization from the department shall levy the
forest protection assessment against the amounts of unimproved land as shown in each ownership on the county assessor's records. The assessor may then segregate on the records
to provide that the improved land and improvements thereon
carry the millage levy designed to support the rural fire protection districts as provided for in RCW 52.16.170.
(5) The amounts assessed shall be collected at the time,
in the same manner, by the same procedure, and with the
same penalties attached that general state and county taxes on
the same property are collected, except that errors in assessments may be corrected at any time by the department certifying them to the treasurer of the county in which the land
involved is situated. Assessments shall be known and designated as assessments of the year in which the amounts
became reimbursable. Upon the collection of assessments
the county treasurer shall place fifty cents of the total assessments paid on a parcel for fire protection into the county current expense fund to defray the costs of listing, billing, and
[Title 76 RCW—page 10]
collecting these assessments. The treasurer shall then transmit the balance to the department. Collections shall be
applied against expenses incurred in carrying out the provisions of this section, including necessary and reasonable
administrative costs incurred by the department in the
enforcement of these provisions. The department may also
expend sums collected from owners of forest lands or
received from any other source for necessary administrative
costs in connection with the enforcement of RCW 76.04.660.
(6) When land against which forest protection assessments are outstanding is acquired for delinquent taxes and
sold at public auction, the state shall have a prior lien on the
proceeds of sale over and above the amount necessary to satisfy the county's delinquent tax judgment. The county treasurer, in case the proceeds of sale exceed the amount of the
delinquent tax judgment, shall immediately remit to the
department the amount of the outstanding forest protection
assessments.
(7) All nonfederal public bodies owning or administering forest land included in a forest protection zone shall pay
the forest protection assessments provided in this section and
the special forest fire suppression account assessments under
RCW 76.04.630. The forest protection assessments and special forest fire suppression account assessments shall be payable by nonfederal public bodies from available funds within
thirty days following receipt of the written notice from the
department which is given after October 1st of the year in
which the protection was provided. Unpaid assessments are
not a lien against the nonfederal publicly owned land but
shall constitute a debt by the nonfederal public body to the
department and are subject to interest charges at the legal
rate.
(8) A public body, having failed to previously pay the
forest protection assessments required of it by this section,
which fails to suppress a fire on or originating from forest
lands owned or administered by it, is liable for the costs of
suppression incurred by the department or its agent and is not
entitled to reimbursement of costs incurred by the public
body in the suppression activities.
(9) The department may adopt rules to implement this
section, including, but not limited to, rules on levying and
collecting forest protection assessments. [2004 c 216 § 1;
2001 c 279 § 2; 1993 c 36 § 1; 1989 c 362 § 1; 1988 c 273 §
3; 1986 c 100 § 35.]
Effective date—1993 c 36: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 15, 1993]." [1993 c 36 § 3.]
76.04.620
76.04.620 State funds—Loans—Recovery of funds
from the landowner contingency forest fire suppression
account. Biennial general fund appropriations to the department of natural resources normally provide funds for the purpose of paying the emergency fire costs and expenses
incurred and/or approved by the department in forest fire suppression or in reacting to any potential forest fire situation.
When a determination is made that the fire started in the
course of or as a result of a landowner operation, moneys
expended from such appropriations in the suppression of the
fire shall be recovered from the landowner contingency forest
fire suppression account. The department shall transmit to the
(2004 Ed.)
Forest Protection
state treasurer for deposit in the general fund any such moneys which are later recovered. Moneys recovered during the
biennium in which they are expended may be spent for purposes set forth in this section during the same biennium,
without reappropriation. Loans between the general fund and
the landowner contingency forest fire suppression account
are authorized for emergency fire suppression. The loans
shall not exceed the amount appropriated for emergency forest fire suppression costs and shall bear interest at the then
current rate of interest as determined by the state treasurer.
[1986 c 100 § 36.]
76.04.630
76.04.630 Landowner contingency forest fire suppression account—Expenditures—Assessments. There is
created a landowner contingency forest fire suppression
account in the state treasury. Moneys in the account may be
spent only as provided in this section. Disbursements from
the account shall be on authorization of the commissioner of
public lands or the commissioner's designee. The account is
subject to the allotment procedure provided under chapter
43.88 RCW, but no appropriation is required for disbursements.
The department may expend from this account the
amounts as may be available and as it considers appropriate
for the payment of emergency fire costs resulting from a participating landowner fire. The department may, when moneys
are available from the landowner contingency forest fire suppression account, expend moneys for summarily abating, isolating, or reducing an extreme fire hazard under RCW
76.04.660. All moneys recovered as a result of the department's actions, from the owner or person responsible, under
RCW 76.04.660 shall be deposited in the landowner contingency forest fire suppression account.
When a determination is made that the fire was started
by other than a landowner operation, moneys expended from
this account in the suppression of such fire shall be recovered
from the general fund appropriations as may be available for
emergency fire suppression costs. The department shall
deposit in the landowner contingency forest fire suppression
account moneys paid out of the account which are later
recovered, less reasonable costs of recovery.
This account shall be established and renewed by an
annual special forest fire suppression account assessment
paid by participating landowners at a rate to be established by
the department. In establishing assessments, the department
shall seek to establish and thereafter reestablish a balance in
the account of three million dollars. The department may
establish a flat fee assessment of no more than seven dollars
and fifty cents for participating landowners owning parcels of
fifty acres or less. For participating landowners owning parcels larger than fifty acres, the department may charge the flat
fee assessment plus a per acre assessment for every acre over
fifty acres. The per acre assessment established by the department may not exceed fifteen cents per acre per year. The
assessments may differ to equitably distribute the assessment
based on emergency fire suppression cost experience necessitated by landowner operations. Amounts assessed for this
account shall be a lien upon the forest lands with respect to
which the assessment is made and may be collected as
directed by the department in the same manner as forest protection assessments. Payment of emergency costs from this
(2004 Ed.)
76.04.660
account shall in no way restrict the right of the department to
recover costs pursuant to RCW 76.04.495 or other laws.
When the department determines that a forest fire was
started in the course of or as a result of a landowner operation, it shall notify the forest fire advisory board of the determination. The determination shall be final, unless, within
ninety days of the notification, the forest fire advisory board
or an interested party serves a request for a hearing before the
department. The hearing shall constitute an adjudicative proceeding under chapter 34.05 RCW, the administrative procedure act, and an appeal shall be in accordance with RCW
34.05.510 through 34.05.598. [1993 c 36 § 2; 1991 sp.s. c 13
§ 31. Prior: 1989 c 362 § 2; 1989 c 175 § 162; 1986 c 100 §
37.]
Effective date—1993 c 36: See note following RCW 76.04.610.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1989 c 175: See note following RCW 34.05.010.
HAZARD ABATEMENT
76.04.650
76.04.650 Disposal of forest debris—Permission to
allow trees to fall on another's land. Everyone clearing
land or clearing right of way for railroad, public highway, private road, ditch, dike, pipe or wire line, or for any other transmission, or transportation utility right of way, shall pile and
burn or dispose of by other satisfactory means, all forest
debris cut thereon, as rapidly as the clearing or cutting
progresses, or at such other times as the department may
specify, and if during the closed season, in compliance with
the law requiring burning permits.
No person clearing any land or right of way, or in cutting
or logging timber for any purpose, may fell, or permit to be
felled, any trees so that they may fall onto land owned by
another without first obtaining permission from the owner in
addition to complying with the terms of this section for the
disposal of refuse. All the terms of this section and other forest laws of the state shall be observed in all clearings of right
of way or other land on behalf of the state itself or any county
thereof, either directly or by contract, and, unless unavoidable emergency prevents, provision shall be made by all officials directing the work for withholding a sufficient portion
of the payment therefor until the disposal is completed, to
insure the completion of the disposal in compliance with this
section. [1986 c 100 § 38.]
76.04.660
76.04.660 Additional fire hazards—Extreme fire
hazard areas—Abatement, isolation or reduction—Summary action—Recovery of costs. (1) The owner of land
which is an additional fire hazard and the person responsible
for the existence of an additional fire hazard shall take reasonable measures to reduce the danger of fire spreading from
the area and may abate the hazard by burning or other satisfactory means.
(2) The department shall adopt rules defining areas of
extreme fire hazard that the owner and person responsible
shall abate. The areas shall include but are not limited to high
risk areas such as where life or buildings may be endangered,
areas adjacent to public highways, and areas of frequent public use.
[Title 76 RCW—page 11]
76.04.700
Title 76 RCW: Forests and Forest Products
(3) The department may adopt rules, after consultation
with the forest fire advisory board, defining other conditions
of extreme fire hazard with a high potential for fire spreading
to lands in other ownerships. The department may prescribe
additional measures that shall be taken by the owner and person responsible to isolate or reduce the extreme fire hazard.
(4) The owner or person responsible for the existence of
the extreme fire hazard is required to abate, isolate, or reduce
the hazard. The duty to abate, isolate, or reduce, and liability
under this chapter, arise upon creation of the extreme fire
hazard. Liability shall include but not be limited to all fire
suppression expenses incurred by the department, regardless
of fire cause.
(5) If the owner or person responsible for the existence
of the extreme fire hazard or forest debris subject to RCW
76.04.650 refuses, neglects, or unsuccessfully attempts to
abate, isolate, or reduce the same, the department may summarily abate, isolate, or reduce the hazard as required by this
chapter and recover twice the actual cost thereof from the
owner or person responsible. Landowner contingency forest
fire suppression account moneys may be used by the department, when available, for this purpose. Moneys recovered by
the department pursuant to this section shall be returned to
the landowner contingency forest fire suppression account.
(6) Such costs shall include all salaries and expenses of
people and equipment incurred therein, including those of the
department. All such costs shall also be a lien upon the land
enforceable in the same manner with the same effect as a
mechanic's lien.
(7) The summary action may be taken only after ten
days' notice in writing has been given to the owner or reputed
owner of the land on which the extreme fire hazard or forest
debris subject to RCW 76.04.650 exists. The notice shall
include a suggested method of abatement and estimated cost
thereof. The notice shall be by personal service or by registered or certified mail addressed to the owner or reputed
owner at the owner's last known place of residence. [1986 c
100 § 39.]
FIRE REGULATION
76.04.700
76.04.700 Failure to extinguish campfire. It is unlawful for any person to start any fire upon any camping ground
and upon leaving the camping ground fail to extinguish the
fire. [1986 c 100 § 40.]
76.04.710
76.04.710 Wilful setting of fire. It is unlawful for any
person to wilfully start a fire, whether on his or her land or the
land of another, whereby forest lands or the property of
another is endangered, under circumstances not amounting to
arson in either the first or second degree or reckless burning
in either the first or second degree. [1986 c 100 § 41.]
76.04.720
76.04.720 Removal of notices. It is unlawful for any
person to wilfully and without authorization deface or
remove any warning notice posted under the requirements of
this chapter. [1986 c 100 § 42.]
son's own property to spread to the property of another.
[1986 c 100 § 43.]
76.04.740
76.04.740 Reckless burning. (1) It is unlawful to
knowingly cause a fire or explosion and thereby place forest
lands in danger of destruction or damage.
(2) This section does not apply to acts amounting to
reckless burning in the first degree under RCW 9A.48.040.
(3) Terms used in this section shall have the meanings
given to them in Title 9A RCW.
(4) A violation of this section shall be punished as a
gross misdemeanor under RCW 9A.20.021. [1986 c 100 §
44.]
76.04.750
76.04.750 Uncontrolled fire a public nuisance—Suppression—Duties—Summary action—Recovery of costs.
Any fire on or threatening any forest land burning uncontrolled and without proper action being taken to prevent its
spread, notwithstanding the origin of the fire, is a public nuisance by reason of its menace to life and property. Any person engaged in any activity on such lands, having knowledge
of the fire, notwithstanding the origin or subsequent spread
thereof on his or her own or other forest lands, and the landowner, shall make every reasonable effort to suppress the
fire. If the person has not suppressed the fire and the fire is on
or threatening forest land within a forest protection zone, the
department shall summarily suppress the fire. If the owner,
lessee, other possessor of such land, or an agent or contractor
of the owner, lessee, or possessor, having knowledge of the
fire, has not made a reasonable effort to suppress the fire, the
cost thereof may be recovered from the owner, lessee, or
other possessor of the land and the cost of the work shall also
constitute a lien upon the real property or chattels under the
person's ownership. The lien may be filed by the department
in the office of the county auditor and foreclosed in the same
manner provided by law for the foreclosure of mechanics'
liens. The prosecuting attorney shall bring the action to
recover the cost or foreclose the lien, upon the request of the
department. In the absence of negligence, no costs, other than
those provided in RCW 76.04.475, shall be recovered from
any landowner for lands subject to the forest protection
assessment with respect to the land on which the fire burns.
When a fire occurs in a land clearing, right of way clearing, or landowner operation it shall be fought to the full limit
of the available employees and equipment, and the fire fighting shall be continued with the necessary crews and equipment in such numbers as are, in the opinion of the department, sufficient to suppress the fire. The fire shall not be left
without a fire fighting crew or fire patrol until authority has
been granted in writing by the department. [1988 c 273 § 4;
1986 c 100 § 45.]
76.04.900
76.04.730
76.04.730 Negligent fire—Spread. It is unlawful for
any person to negligently allow fire originating on the per[Title 76 RCW—page 12]
76.04.900 Captions—1986 c 100. As used in this act
subchapter and section captions constitute no part of the law.
[1986 c 100 § 60.]
(2004 Ed.)
Forest Insect and Disease Control
Chapter 76.06 RCW
FOREST INSECT AND DISEASE CONTROL
Chapter 76.06
Sections
76.06.010
76.06.020
76.06.030
76.06.040
76.06.050
76.06.060
76.06.070
76.06.080
76.06.090
76.06.110
76.06.130
76.06.140
76.06.150
Forest insects and tree diseases are public nuisance.
Definitions.
Administration.
Owner must control pests and diseases.
Infestation control district—Creation—Notice to owners.
Department to control pests and diseases if owner fails.
Lien for costs of control—Collection.
Owner complying with notice is exempt.
Dissolution of infestation control district.
Deposit of moneys in general fund—Allotment as unanticipated receipts.
Exotic forest insect or disease control—Department's authority and duties—Declaration of forest health emergency.
Forest health problems—Findings.
Forest health—Commissioner of public land designated as
state's lead—Report to legislature.
76.06.010
76.06.010 Forest insects and tree diseases are public
nuisance. The legislature finds and declares that:
(1) Forest insects and forest tree diseases which threaten
the permanent timber production of the forested areas of the
state of Washington are a public nuisance.
(2) Exotic forest insects or diseases, even in small numbers, can constitute serious threats to native forests. Native
tree species may lack natural immunity. There are often no
natural control agents such as diseases, predators, or parasites
to limit populations of exotic forest insects or diseases.
Exotic forest insects or diseases can also outcompete, displace, or destroy habitat of native species. It is in the public
interest to identify, control, and eradicate outbreaks of exotic
forest insects or diseases that threaten the diversity, abundance, and survivability of native forest trees and the environment. [2003 c 314 § 1; 1951 c 233 § 1.]
Findings—2003 c 314: See note following RCW 17.24.220.
76.06.020
76.06.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Agent" means the recognized legal representative,
representatives, agent, or agents for any owner.
(2) "Department" means the department of natural
resources.
(3) "Owner" means and includes persons or their agents.
(4) "Timber land" means any land on which there is a
sufficient number of trees, standing or down, to constitute, in
the judgment of the department, a forest insect or forest disease breeding ground of a nature to constitute a menace, injurious and dangerous to permanent forest growth in the district
under consideration.
(5) "Commissioner" means the commissioner of public
lands.
(6) "Exotic" means not native to forest lands in Washington state.
(7) "Forest land" means any land on which there are sufficient numbers and distribution of trees and associated species to, in the judgment of the department, contribute to the
spread of forest insect or forest disease outbreaks that could
be injurious to forest health.
(8) "Forest health" means the condition of a forest being
sound in ecological function, sustainable, resilient, and resis(2004 Ed.)
76.06.050
tant to insects, diseases, fire, and other disturbance, and having the capacity to meet landowner objectives.
(9) "Forest health emergency" means the introduction of,
or an outbreak of, an exotic forest insect or disease that poses
an imminent danger of damage to the environment by threatening the survivability of native tree species.
(10) "Forest insect or disease" means a living stage of an
insect, other invertebrate animal, or disease-causing organism or agent that can directly or indirectly injure or cause disease or damage in trees, or parts of trees, or in processed or
manufactured wood, or other products of trees.
(11) "Integrated pest management" means a strategy that
uses various combinations of pest control methods, including
biological, cultural, and chemical methods, in a compatible
manner to achieve satisfactory control and ensure favorable
economic and environmental consequences.
(12) "Native" means having populated Washington's forested lands prior to European settlement.
(13) "Outbreak" means a rapidly expanding population
of insects or diseases with potential to spread.
(14) "Person" means any individual, partnership, private,
public, or municipal corporation, county, federal, state, or
local governmental agency, tribes, or association of individuals of whatever nature. [2003 c 314 § 2; 2000 c 11 § 2; 1988
c 128 § 15; 1951 c 233 § 2.]
Findings—2003 c 314: See note following RCW 17.24.220.
76.06.030
76.06.030 Administration. This chapter shall be
administered by the department. [1988 c 128 § 16; 1951 c
233 § 3.]
76.06.040
76.06.040 Owner must control pests and diseases.
Every owner of timber lands, or his agent, shall make every
reasonable effort to control, destroy and eradicate such forest
insect pests and forest tree diseases which threaten the existence of any stand of timber or provide for the same to be done
on timber lands owned by him or under his control. In the
event he fails, neglects, or is unable to accomplish such control, the action may be performed as provided for in this chapter. [1951 c 233 § 4.]
76.06.050
76.06.050 Infestation control district—Creation—
Notice to owners. Whenever the department finds timber
lands threatened by infestations of forest insects or forest tree
diseases, and if it finds that such infestation is of such character as to threaten destruction of timber stands, the department
shall declare and certify an infestation control district and fix
and declare the boundaries thereof, so as to definitely
describe such district. Said district may include timber lands
threatened by the infestation as well as those timber lands
already infested.
Thereafter the department shall at once serve written
notice to all owners of timber lands or their agents within the
said district to proceed under the provisions of this chapter
without delay to control, destroy and eradicate the said forest
insect pests or forest tree diseases as provided herein. The
said notice may be made by personal service, or by mail
addressed to the last known place or address of such owner or
agent. Said notice shall list and describe the method or methods of action that will be acceptable to the department if the
[Title 76 RCW—page 13]
76.06.060
Title 76 RCW: Forests and Forest Products
owner or agent elects to control, destroy and eradicate said
insects or diseases on his own property.
Said notice when published for five consecutive days in
at least one daily newspaper or in two consecutive issues of a
weekly newspaper, either paper having a general circulation
in said district will serve as the written notice to owners of
noncommercial timber lands. [1988 c 128 § 17; 1961 c 72 §
1; 1951 c 233 § 5.]
76.06.060
76.06.060 Department to control pests and diseases if
owner fails. If the owner or agent so notified shall fail,
refuse, neglect or is unable to comply with the requirements
of said notice, within a period of thirty days after the date
thereof, it shall be the duty of the department or its agents,
using such funds as have been, or hereafter may be, made
available to proceed with the control, eradication and destruction of such forest pests or forest tree diseases with or without
the cooperation of the owner involved in a manner approved
by the department. [1988 c 128 § 18; 1951 c 233 § 6.]
76.06.090 Dissolution of infestation control district.
Whenever the department shall determine that insect control
work within the designated district of infestation is no longer
necessary or feasible, the department may dissolve said district. [1988 c 128 § 21; 1951 c 233 § 12.]
76.06.090
76.06.110
76.06.110 Deposit of moneys in general fund—Allotment as unanticipated receipts. All moneys collected
under the provisions of RCW 76.06.070, together with such
moneys as may be contributed by the federal government or
by any owner or agent, shall be deposited in the state general
fund for the purposes of this chapter.
Any additional revenue earmarked for the purposes of
this chapter which was not anticipated in the budget adopted
by the legislature may be deposited in the general fund and
allotted as unanticipated receipts pursuant to RCW 43.79.270
through 43.79.282 as now existing or hereafter amended.
[1979 ex.s. c 67 § 12; 1951 c 233 § 9.]
Effective date—1979 ex.s. c 67: "Sections 12, 13, and 19 of this 1979
act shall take effect on July 1, 1981." [1979 ex.s. c 67 § 21.]
Severability—1979 ex.s. c 67: See note following RCW 19.28.351.
76.06.070
76.06.070 Lien for costs of control—Collection.
Upon the completion of the work directed, authorized and
performed under the provisions of this chapter, the department shall prepare a verified statement of the expenses necessarily incurred in performing the work of controlling, eradicating and destroying said forest insects or forest tree diseases. The balance of such expenses after deducting such
amounts as may be contributed to the control costs by the
state, by the federal government, or by any other agencies,
companies, corporations or individuals, shall be a lien to be
prorated per acre upon the property, or properties involved:
PROVIDED, That the amount of said lien shall not exceed
twenty-five percent of the total costs incurred on such
owner's lands including necessary buffer strips. Said lien
shall be reported by the department to the county assessor of
the county in which said lands are situated, and shall be levied and collected with the next taxes on such lands in the
same manner and with the same interest, penalty and cost
charges as apply to ad valorem property taxes in this state:
PROVIDED FURTHER, Such report and levy shall be made
only on commercial timber lands. The assessor shall extend
the amounts on the assessment roll in a separate column, and
the procedure provided by law for the collection of taxes and
delinquent taxes shall be applicable thereto, and, upon the
collection thereof, the county treasurer shall repay the same
to the department to be applied to the expenses incurred in
carrying out the provisions of this chapter. [1988 c 128 § 19;
1951 c 233 § 7.]
76.06.080
76.06.080 Owner complying with notice is exempt.
Every owner, and all owners or representatives, who upon
receiving notice as provided in RCW 76.06.050, shall proceed and continue in good faith to control, eradicate and
destroy said forest insects and forest tree diseases in accordance with standards established by the department shall be
exempt from the provisions hereof as to the lands upon which
he or they are so proceeding. [1988 c 128 § 20; 1951 c 233 §
11.]
[Title 76 RCW—page 14]
76.06.130
76.06.130 Exotic forest insect or disease control—
Department's authority and duties—Declaration of forest
health emergency. The department is authorized to contribute resources and expertise to assist the department of agriculture in control or eradication efforts authorized under
chapter 17.24 RCW in order to protect forest lands of the
state.
If either the department of agriculture has not taken
action under chapter 17.24 RCW or the commissioner finds
that additional efforts are required to control or prevent an
outbreak of an exotic forest insect or disease which has not
become so habituated that it can no longer be eradicated and
that poses an imminent danger of damage to the forested
environment by threatening the diversity, abundance, and
survivability of native tree species, or both, the commissioner
may declare a forest health emergency.
Upon declaration of a forest health emergency, the
department must delineate the area at risk and determine the
most appropriate integrated pest management methods to
control the outbreak, in consultation with other interested
agencies, affected tribes, and affected forest landowners. The
department must notify affected forest landowners of its
intent to conduct control operations.
Upon declaration of a forest health emergency by the
commissioner, the department is authorized to enter into
agreements with forest landowners, companies, individuals,
tribal entities, and federal, state, and local agencies to accomplish control of exotic forest insects or diseases on any
affected forest lands using such funds as have been, or may
be, made available.
The department must proceed with the control of the
exotic forest insects or diseases on affected nonfederal and
nontribal forest lands with or without the cooperation of the
owner. The department may reimburse cooperating forest
landowners and agencies for actual cost of equipment, labor,
and materials utilized in cooperative exotic forest insect or
disease control projects, as agreed to by the department.
A forest health emergency no longer exists when the
department finds that the exotic forest insect or disease has
(2004 Ed.)
Forest Practices
been controlled or eradicated, that the imminent threat no
longer exists, or that there is no longer good likelihood of
effective control.
Nothing under this chapter diminishes the authority and
responsibility of the department of agriculture under chapter
17.24 RCW. [2003 c 314 § 3.]
Findings—2003 c 314: See note following RCW 17.24.220.
Chapter 76.09
(3) The commissioner of public lands shall report to the
chairs of the appropriate standing committees of the legislature every year on progress under this section, including the
identification, if deemed appropriate by the commissioner, of
any needed statutory changes, policy issues, or funding
needs. [2004 c 218 § 2.]
Effective date—2004 c 218: See note following RCW 76.06.140.
76.06.140
76.06.140 Forest health problems—Findings. (1) The
legislature finds that Washington faces serious forest health
problems where forests are overcrowded or trees are infested
with or susceptible to insects, diseases, wind, ice storms, and
fire. The causes and contributions to these susceptible conditions include fire suppression, past timber harvesting and silvicultural practices, and the amplified risks that occur when
the urban interface penetrates forest land.
(2) The legislature further finds that forest health problems may exist on forest land regardless of ownership, and
the state should explore all possible avenues for working in
collaboration with the federal government to address common health deficiencies.
(3) The legislature further finds that healthy forests benefit not only the economic interests that rely on forest products but also provide environmental benefits, such as
improved water quality and habitat for fish and wildlife.
[2004 c 218 § 1.]
Effective date—2004 c 218: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 29, 2004]." [2004 c 218 § 11.]
76.06.150
76.06.150 Forest health—Commissioner of public
land designated as state's lead—Report to legislature. (1)
The commissioner of public lands is designated as the state of
Washington's lead for all forest health issues.
(2) The commissioner of public lands shall strive to promote communications between the state and the federal government regarding forest land management decisions that
potentially affect the health of forests in Washington and will
allow the state to have an influence on the management of
federally owned land in Washington. Such government-togovernment cooperation is vital if the condition of the state's
public and private forest lands are to be protected. These
activities may include, when deemed by the commissioner to
be in the best interest of the state:
(a) Representing the state's interest before all appropriate
local, state, and federal agencies;
(b) Assuming the lead state role for developing formal
comments on federal forest management plans that may have
an impact on the health of forests in Washington; and
(c) Pursuing in an expedited manner any available and
appropriate cooperative agreements, including cooperating
agency status designation, with the United States forest service and the United States bureau of land management that
allow for meaningful participation in any federal land management plans that could affect the department's strategic
plan for healthy forests and effective fire prevention and suppression, including the pursuit of any options available for
giving effect to the cooperative philosophy contained within
the national environmental policy act of 1969 (42 U.S.C. Sec.
4331).
(2004 Ed.)
Chapter 76.09
Chapter 76.09 RCW
FOREST PRACTICES
Sections
76.09.010
76.09.020
76.09.030
76.09.040
76.09.050
76.09.055
76.09.060
76.09.063
76.09.065
76.09.067
76.09.070
76.09.080
76.09.090
76.09.100
76.09.110
76.09.120
76.09.130
76.09.140
76.09.150
76.09.160
76.09.170
76.09.180
76.09.190
76.09.210
76.09.220
76.09.230
76.09.240
76.09.250
76.09.260
76.09.270
76.09.280
76.09.285
76.09.290
76.09.300
76.09.305
Legislative finding and declaration.
Definitions.
Forest practices board—Created—Membership—Terms—
Vacancies—Meetings—Compensation, travel expenses—
Staff.
Forest practices rules—Adoption—Review of proposed
rules—Hearings—Riparian open space program.
Rules establishing classes of forest practices—Applications
for classes of forest practices—Approval or disapproval—
Notifications—Procedures—Appeals—Waiver.
Findings—Emergency rule making authorized.
Applications for forest practices—Form—Contents—Conversion of forest land to other use—Six-year moratorium—New
applications—Approval—Emergencies.
Forest practices permit—Habitat incentives agreement.
Forest practices application or notification—Fee.
Application for forest practices—Owner of perpetual timber
rights.
Reforestation—Requirements—Procedures—Notification on
sale or transfer.
Stop work orders—Grounds—Contents—Procedure—
Appeals.
Notice of failure to comply—Contents—Procedures—
Appeals—Hearing—Final order—Limitations on actions.
Failure to comply with water quality protection—Department
of ecology authorized to petition appeals board—Action on
petition.
Final orders or final decisions binding upon all parties.
Failure of owner to take required course of action—Notice of
cost—Department authorized to complete course of action—
Liability of owner for costs—Lien.
Failure to obey stop work order—Departmental action authorized—Liability of owner or operator for costs.
Enforcement.
Inspection—Right of entry.
Right of entry by department of ecology.
Violations—Conversion to nontimber operation—Penalties—
Remission or mitigation—Appeals—Lien.
Disposition of moneys received as penalties, reimbursement
for damages.
Additional penalty, gross misdemeanor.
Forest practices appeals board—Created—Membership—
Terms—Vacancies—Removal.
Forest practices appeals board—Compensation—Travel
expenses—Chair—Office—Quorum—Powers and duties—
Jurisdiction—Review.
Forest practices appeals board—Mediation—Appeal procedure—Judicial review.
Class IV forest practices—Counties and cities adopt standards—Administration and enforcement of regulations—
Restrictions upon local political subdivisions or regional
entities—Exceptions and limitations.
Policy for continuing program of orientation and training.
Department to represent state's interest—Cooperation with
other public agencies—Grants and gifts.
Annual determination of state's research needs—Recommendations.
Removal of log and debris jams from streams.
Water quality standards affected by forest practices.
Inspection of lands—Reforestation.
Mass earth movements and fluvial processes—Program to correct hazardous conditions on sites associated with roads and
railroad grades—Hazard-reduction plans.
Advisory committee to review hazard-reduction plans authorized—Compensation, travel expenses.
[Title 76 RCW—page 15]
76.09.010
76.09.310
Title 76 RCW: Forests and Forest Products
Hazard-reduction program—Notice to landowners within
areas selected for review—Proposed plans—Objections to
plan, procedure—Final plans—Appeal.
Implementation of hazard-reduction measures—Election—
Notice and application for cost-sharing funds—Inspection—
Letter of compliance—Limitations on liability.
Implementation of hazard-reduction program—Cost sharing
by department—Limitations.
Legislative findings—Liability from naturally falling trees
required to be left standing.
Certain forest practices exempt from rules and policies under
this chapter.
Long-term multispecies landscape management plans—Pilot
projects, selection—Plan approval, elements—Notice of
agreement recorded—Memorandums of agreements—
Report, evaluation.
Single multiyear permit.
Intent—Small forest landowners—Alternate plan processes/alternate harvest restrictions—Report to the legislature.
Findings—Forests and fish report—Adoption of rules.
Report to the legislature—Emergency rules—Permanent
rules.
Sale of land or timber rights with continuing obligations—
Notice—Failure to notify—Exemption.
Forests and fish account—Created.
Road maintenance and abandonment plans—Fish passage barriers.
Road maintenance and abandonment plans—Rules—Checklist—Report to the legislature—Emergency rules.
Application to RCW 76.13.150.
Small forest landowner—Fish passage barriers.
Small forest landowner—Defined.
Short title.
Air pollution laws not modified.
Shoreline management act, hydraulics act, other statutes and
ordinances not modified—Exceptions.
Repeal and savings.
Application for extension of prior permits.
Effective dates—1974 ex.s. c 137.
Severability—1974 ex.s. c 137.
(d) Promote efficiency by permitting maximum operating freedom consistent with the other purposes and policies
stated herein;
(e) Provide for regulation of forest practices so as to
avoid unnecessary duplication in such rules;
(f) Provide for interagency input and intergovernmental
and tribal coordination and cooperation;
(g) Achieve compliance with all applicable requirements
of federal and state law with respect to nonpoint sources of
water pollution from forest practices;
(h) To consider reasonable land use planning goals and
concepts contained in local comprehensive plans and zoning
regulations;
(i) Foster cooperation among managers of public
resources, forest landowners, Indian tribes and the citizens of
the state; and
(j) Develop a watershed analysis system that addresses
the cumulative effect of forest practices on, at a minimum,
the public resources of fish, water, and public capital
improvements of the state and its political subdivisions.
(3) The legislature further finds and declares that it is
also in the public interest of the state to encourage forest
landowners to undertake corrective and remedial action to
reduce the impact of mass earth movements and fluvial processes.
(4) The legislature further finds and declares that it is in
the public interest that the applicants for state forest practices
permits should assist in paying for the cost of review and permitting necessary for the environmental protection of these
resources. [1999 sp.s. c 4 § 901; 1993 c 443 § 1; 1987 c 95 §
1; 1974 ex.s. c 137 § 1.]
Chapter 76.09 RCW to be used to satisfy federal water pollution act requirements: RCW 90.48.425.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.315
76.09.320
76.09.330
76.09.340
76.09.350
76.09.360
76.09.368
76.09.370
76.09.380
76.09.390
76.09.400
76.09.410
76.09.420
76.09.430
76.09.440
76.09.450
76.09.900
76.09.905
76.09.910
76.09.915
76.09.920
76.09.925
76.09.935
76.09.010
76.09.010 Legislative finding and declaration. (1)
The legislature hereby finds and declares that the forest land
resources are among the most valuable of all resources in the
state; that a viable forest products industry is of prime importance to the state's economy; that it is in the public interest for
public and private commercial forest lands to be managed
consistent with sound policies of natural resource protection;
that coincident with maintenance of a viable forest products
industry, it is important to afford protection to forest soils,
fisheries, wildlife, water quantity and quality, air quality, recreation, and scenic beauty.
(2) The legislature further finds and declares it to be in
the public interest of this state to create and maintain through
the adoption of this chapter a comprehensive statewide system of laws and forest practices rules which will achieve the
following purposes and policies:
(a) Afford protection to, promote, foster and encourage
timber growth, and require such minimum reforestation of
commercial tree species on forest lands as will reasonably
utilize the timber growing capacity of the soil following current timber harvest;
(b) Afford protection to forest soils and public resources
by utilizing all reasonable methods of technology in conducting forest practices;
(c) Recognize both the public and private interest in the
profitable growing and harvesting of timber;
[Title 76 RCW—page 16]
Effective date—1993 c 443: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 15, 1993]." [1993 c 443 § 6.]
76.09.020
76.09.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Adaptive management" means reliance on scientific
methods to test the results of actions taken so that the management and related policy can be changed promptly and
appropriately.
(2) "Appeals board" means the forest practices appeals
board created by RCW 76.09.210.
(3) "Aquatic resources" includes water quality, salmon,
other species of the vertebrate classes Cephalaspidomorphi
and Osteichthyes identified in the forests and fish report, the
Columbia torrent salamander (Rhyacotriton kezeri), the Cascade torrent salamander (Rhyacotriton cascadae), the Olympic torrent salamander (Rhyacotriton olympian), the Dunn's
salamander (Plethodon dunni), the Van Dyke's salamander
(Plethodon vandyke), the tailed frog (Ascaphus truei), and
their respective habitats.
(4) "Commissioner" means the commissioner of public
lands.
(5) "Contiguous" means land adjoining or touching by
common corner or otherwise. Land having common owner(2004 Ed.)
Forest Practices
ship divided by a road or other right of way shall be considered contiguous.
(6) "Conversion to a use other than commercial timber
operation" means a bona fide conversion to an active use
which is incompatible with timber growing and as may be
defined by forest practices rules.
(7) "Department" means the department of natural
resources.
(8) "Fish passage barrier" means any artificial instream
structure that impedes the free passage of fish.
(9) "Forest land" means all land which is capable of supporting a merchantable stand of timber and is not being
actively used for a use which is incompatible with timber
growing. Forest land does not include agricultural land that
is or was enrolled in the conservation reserve enhancement
program by contract if such agricultural land was historically
used for agricultural purposes and the landowner intends to
continue to use the land for agricultural purposes in the
future. As it applies to the operation of the road maintenance
and abandonment plan element of the forest practices rules
on small forest landowners, the term "forest land" excludes:
(a) Residential home sites, which may include up to five
acres; and
(b) Cropfields, orchards, vineyards, pastures, feedlots,
fish pens, and the land on which appurtenances necessary to
the production, preparation, or sale of crops, fruit, dairy products, fish, and livestock exist.
(10) "Forest landowner" means any person in actual control of forest land, whether such control is based either on
legal or equitable title, or on any other interest entitling the
holder to sell or otherwise dispose of any or all of the timber
on such land in any manner. However, any lessee or other
person in possession of forest land without legal or equitable
title to such land shall be excluded from the definition of "forest landowner" unless such lessee or other person has the
right to sell or otherwise dispose of any or all of the timber
located on such forest land.
(11) "Forest practice" means any activity conducted on
or directly pertaining to forest land and relating to growing,
harvesting, or processing timber, including but not limited to:
(a) Road and trail construction;
(b) Harvesting, final and intermediate;
(c) Precommercial thinning;
(d) Reforestation;
(e) Fertilization;
(f) Prevention and suppression of diseases and insects;
(g) Salvage of trees; and
(h) Brush control.
"Forest practice" shall not include preparatory work such as
tree marking, surveying and road flagging, and removal or
harvesting of incidental vegetation from forest lands such as
berries, ferns, greenery, mistletoe, herbs, mushrooms, and
other products which cannot normally be expected to result in
damage to forest soils, timber, or public resources.
(12) "Forest practices rules" means any rules adopted
pursuant to RCW 76.09.040.
(13) "Forest road," as it applies to the operation of the
road maintenance and abandonment plan element of the forest practices rules on small forest landowners, means a road
or road segment that crosses land that meets the definition of
forest land, but excludes residential access roads.
(2004 Ed.)
76.09.020
(14) "Forest trees" does not include hardwood trees cultivated by agricultural methods in growing cycles shorter
than fifteen years if the trees were planted on land that was
not in forest use immediately before the trees were planted
and before the land was prepared for planting the trees. "Forest trees" includes Christmas trees, but does not include
Christmas trees that are cultivated by agricultural methods, as
that term is defined in RCW 84.33.035.
(15) "Forests and fish report" means the forests and fish
report to the board dated April 29, 1999.
(16) "Application" means the application required pursuant to RCW 76.09.050.
(17) "Operator" means any person engaging in forest
practices except an employee with wages as his or her sole
compensation.
(18) "Person" means any individual, partnership, private,
public, or municipal corporation, county, the department or
other state or local governmental entity, or association of
individuals of whatever nature.
(19) "Public resources" means water, fish and wildlife,
and in addition shall mean capital improvements of the state
or its political subdivisions.
(20) "Small forest landowner" has the same meaning as
defined in RCW 76.09.450.
(21) "Timber" means forest trees, standing or down, of a
commercial species, including Christmas trees. However,
"timber" does not include Christmas trees that are cultivated
by agricultural methods, as that term is defined in RCW
84.33.035.
(22) "Timber owner" means any person having all or any
part of the legal interest in timber. Where such timber is subject to a contract of sale, "timber owner" shall mean the contract purchaser.
(23) "Board" means the forest practices board created in
RCW 76.09.030.
(24) "Unconfined avulsing channel migration zone"
means the area within which the active channel of an unconfined avulsing stream is prone to move and where the movement would result in a potential near-term loss of riparian forest adjacent to the stream. Sizeable islands with productive
timber may exist within the zone.
(25) "Unconfined avulsing stream" means generally fifth
order or larger waters that experience abrupt shifts in channel
location, creating a complex flood plain characterized by
extensive gravel bars, disturbance species of vegetation of
variable age, numerous side channels, wall-based channels,
oxbow lakes, and wetland complexes. Many of these streams
have dikes and levees that may temporarily or permanently
restrict channel movement. [2003 c 311 § 3; 2002 c 17 § 1.
Prior: 2001 c 102 § 1; 2001 c 97 § 2; 1999 sp.s. c 4 § 301;
1974 ex.s. c 137 § 2.]
Findings—2003 c 311: "(1) The legislature finds that chapter 4, Laws
of 1999 sp. sess. strongly encouraged the forest practices board to adopt
administrative rules that were substantially similar to the recommendations
presented to the legislature in the form of the forests and fish report. The
rules adopted pursuant to the 1999 legislation require all forest landowners
to complete a road maintenance and abandonment plan, and those rules cannot be changed by the forest practices board without either a final order from
a court, direct instructions from the legislature, or a recommendation from
the adaptive management process. In the time since the enactment of chapter
4, Laws of 1999 sp. sess., it has become clear that both the planning aspect
and the implementation aspect of the road maintenance and abandonment
plan requirement may cause an unforeseen and unintended disproportionate
[Title 76 RCW—page 17]
76.09.030
Title 76 RCW: Forests and Forest Products
financial hardship on small forest landowners.
(2) The legislature further finds that the commissioner of public lands
and the governor have explored solutions that minimize the hardship caused
to small forest landowners by the forest road maintenance and abandonment
requirements of the forests and fish law, while maintaining protection for
public resources. This act represents recommendations stemming from that
process.
(3) The legislature further finds that it is in the state's interest to help
small forest landowners comply with the requirements of the forest practices
rules in a way that does not require the landowner to spend unreasonably
high and unpredictable amounts of money to complete road maintenance and
abandonment plan preparation and implementation. Small forest landowners provide significant wildlife habitat and serve as important buffers
between urban development and Washington's public forest land holdings."
[2003 c 311 § 1.]
Effective date—2003 c 311: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 2003]." [2003 c 311 § 13.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.030
76.09.030 Forest practices board—Created—Membership—Terms—Vacancies—Meetings—Compensation, travel expenses—Staff. (1) There is hereby created the
forest practices board of the state of Washington as an agency
of state government consisting of members as follows:
(a) The commissioner of public lands or the commissioner's designee;
(b) The director of the department of community, trade,
and economic development or the director's designee;
(c) The director of the department of agriculture or the
director's designee;
(d) The director of the department of ecology or the
director's designee;
(e) The director of the department of fish and wildlife or
the director's designee;
(f) An elected member of a county legislative authority
appointed by the governor: PROVIDED, That such member's service on the board shall be conditioned on the member's continued service as an elected county official; and
(g) Six members of the general public appointed by the
governor, one of whom shall be an owner of not more than
five hundred acres of forest land, and one of whom shall be
an independent logging contractor.
(2) The director of the department of fish and wildlife's
service on the board may be terminated two years after
August 18, 1999, if the legislature finds that after two years
the department has not made substantial progress toward
integrating the laws, rules, and programs governing forest
practices, chapter 76.09 RCW, and the laws, rules, and programs governing hydraulic projects, chapter 77.55 RCW.
Such a finding shall be based solely on whether the department of fish and wildlife makes substantial progress as
defined in this subsection, and will not be based on other
actions taken as a member of the board. Substantial progress
shall include recommendations to the legislature for closer
integration of the existing rule-making authorities of the
board and the department of fish and wildlife, and closer integration of the forest practices and hydraulics permitting processes, including exploring the potential for a consolidated
permitting process. These recommendations shall be
designed to resolve problems currently associated with the
existing dual regulatory and permitting processes.
[Title 76 RCW—page 18]
(3) The members of the initial board appointed by the
governor shall be appointed so that the term of one member
shall expire December 31, 1975, the term of one member
shall expire December 31, 1976, the term of one member
shall expire December 31, 1977, the terms of two members
shall expire December 31, 1978, and the terms of two members shall expire December 31, 1979. Thereafter, each member shall be appointed for a term of four years. Vacancies on
the board shall be filled in the same manner as the original
appointments. Each member of the board shall continue in
office until his or her successor is appointed and qualified.
The commissioner of public lands or the commissioner's designee shall be the chairman of the board.
(4) The board shall meet at such times and places as shall
be designated by the chairman or upon the written request of
the majority of the board. The principal office of the board
shall be at the state capital.
(5) Members of the board, except public employees and
elected officials, shall be compensated in accordance with
RCW 43.03.250. Each member shall be entitled to reimbursement for travel expenses incurred in the performance of
their duties as provided in RCW 43.03.050 and 43.03.060.
(6) The board may employ such clerical help and staff
pursuant to chapter 41.06 RCW as is necessary to carry out its
duties. [2003 c 39 § 32; 1999 sp.s. c 4 § 1001; 1995 c 399 §
207; 1993 c 257 § 1; 1987 c 330 § 1301; 1985 c 466 § 70;
1984 c 287 § 108; 1975-'76 2nd ex.s. c 34 § 173; 1975 1st
ex.s. c 200 § 1; 1974 ex.s. c 137 § 3.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
76.09.040
76.09.040 Forest practices rules—Adoption—
Review of proposed rules—Hearings—Riparian open
space program. (1) Where necessary to accomplish the purposes and policies stated in RCW 76.09.010, and to implement the provisions of this chapter, the board shall adopt forest practices rules pursuant to chapter 34.05 RCW and in
accordance with the procedures enumerated in this section
that:
(a) Establish minimum standards for forest practices;
(b) Provide procedures for the voluntary development of
resource management plans which may be adopted as an
alternative to the minimum standards in (a) of this subsection
if the plan is consistent with the purposes and policies stated
in RCW 76.09.010 and the plan meets or exceeds the objectives of the minimum standards;
(c) Set forth necessary administrative provisions;
(d) Establish procedures for the collection and administration of forest practice fees as set forth by this chapter; and
(e) Allow for the development of watershed analyses.
Forest practices rules pertaining to water quality protection shall be adopted by the board after reaching agreement
with the director of the department of ecology or the direc(2004 Ed.)
Forest Practices
tor's designee on the board with respect thereto. All other forest practices rules shall be adopted by the board.
Forest practices rules shall be administered and enforced
by either the department or the local governmental entity as
provided in this chapter. Such rules shall be adopted and
administered so as to give consideration to all purposes and
policies set forth in RCW 76.09.010.
(2) The board shall prepare proposed forest practices
rules. In addition to any forest practices rules relating to
water quality protection proposed by the board, the department of ecology may submit to the board proposed forest
practices rules relating to water quality protection.
Prior to initiating the rule making process, the proposed
rules shall be submitted for review and comments to the
department of fish and wildlife and to the counties of the
state. After receipt of the proposed forest practices rules, the
department of fish and wildlife and the counties of the state
shall have thirty days in which to review and submit comments to the board, and to the department of ecology with
respect to its proposed rules relating to water quality protection. After the expiration of such thirty day period the board
and the department of ecology shall jointly hold one or more
hearings on the proposed rules pursuant to chapter 34.05
RCW. At such hearing(s) any county may propose specific
forest practices rules relating to problems existing within
such county. The board may adopt and the department of
ecology may approve such proposals if they find the proposals are consistent with the purposes and policies of this chapter.
(3) The board shall establish by rule a riparian open
space program that includes acquisition of a fee interest in, or
at the landowner's option, a conservation easement on lands
within unconfined avulsing channel migration zones. Once
acquired, these lands may be held and managed by the
department, transferred to another state agency, transferred to
an appropriate local government agency, or transferred to a
private nonprofit nature conservancy corporation, as defined
in RCW 64.04.130, in fee or transfer of management obligation. The board shall adopt rules governing the acquisition by
the state or donation to the state of such interest in lands
including the right of refusal if the lands are subject to unacceptable liabilities. The rules shall include definitions of
qualifying lands, priorities for acquisition, and provide for
the opportunity to transfer such lands with limited warranties
and with a description of boundaries that does not require full
surveys where the cost of securing the surveys would be
unreasonable in relation to the value of the lands conveyed.
The rules shall provide for the management of the lands for
ecological protection or fisheries enhancement. Because
there are few, if any, comparable sales of forest land within
unconfined avulsing channel migration zones, separate from
the other lands or assets, these lands are likely to be extraordinarily difficult to appraise and the cost of a conventional
appraisal often would be unreasonable in relation to the value
of the land involved. Therefore, for the purposes of voluntary
sales under this section, the legislature declares that these
lands are presumed to have a value equal to: (a) The acreage
in the sale multiplied by the average value of commercial forest land in the region under the land value tables used for
property tax purposes under *RCW 84.33.120; plus (b) the
cruised volume of any timber located within the channel
(2004 Ed.)
76.09.050
migration multiplied by the appropriate quality code stumpage value for timber of the same species shown on the appropriate table used for timber harvest excise tax purposes under
RCW 84.33.091. For purposes of this section, there shall be
an eastside region and a westside region as defined in the forests and fish report as defined in RCW 76.09.020.
(4) Subject to appropriations sufficient to cover the cost
of such an acquisition program and the related costs of
administering the program, the department is directed to purchase a fee interest or, at the owner's option, a conservation
easement in land that an owner tenders for purchase; provided that such lands have been taxed as forest lands and are
located within an unconfined avulsing channel migration
zone. Lands acquired under this section shall become riparian
open space. These acquisitions shall not be deemed to trigger
the compensating tax of chapters 84.33 and 84.34 RCW.
(5) Instead of offering to sell interests in qualifying
lands, owners may elect to donate the interests to the state.
(6) Any acquired interest in qualifying lands by the state
under this section shall be managed as riparian open space.
[2000 c 11 § 3; 1999 sp.s. c 4 § 701; 1997 c 173 § 1; 1994 c
264 § 48; 1993 c 443 § 2; 1988 c 36 § 46; 1987 c 95 § 8; 1974
ex.s. c 137 § 4.]
*Reviser's note: RCW 84.33.120 was amended by 2001 c 305 § 1 and
by 2001 c 185 § 3 and also repealed by 2001 c 249 § 16. RCW 84.33.120
was subsequently repealed by 2003 c 170 § 7.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Effective date—1993 c 443: See note following RCW 76.09.010.
76.09.050
76.09.050 Rules establishing classes of forest practices—Applications for classes of forest practices—
Approval or disapproval—Notifications—Procedures—
Appeals—Waiver. (1) The board shall establish by rule
which forest practices shall be included within each of the
following classes:
Class I: Minimal or specific forest practices that have no
direct potential for damaging a public resource and that may
be conducted without submitting an application or a notification except that when the regulating authority is transferred to
a local governmental entity, those Class I forest practices that
involve timber harvesting or road construction within "urban
growth areas," designated pursuant to chapter 36.70A RCW,
are processed as Class IV forest practices, but are not subject
to environmental review under chapter 43.21C RCW;
Class II: Forest practices which have a less than ordinary potential for damaging a public resource that may be
conducted without submitting an application and may begin
five calendar days, or such lesser time as the department may
determine, after written notification by the operator, in the
manner, content, and form as prescribed by the department, is
received by the department. However, the work may not
begin until all forest practice fees required under RCW
76.09.065 have been received by the department. Class II
shall not include forest practices:
(a) On lands platted after January 1, 1960, as provided in
chapter 58.17 RCW or on lands that have or are being converted to another use;
(b) Which require approvals under the provisions of the
hydraulics act, RCW 77.55.100;
[Title 76 RCW—page 19]
76.09.050
Title 76 RCW: Forests and Forest Products
(c) Within "shorelines of the state" as defined in RCW
90.58.030;
(d) Excluded from Class II by the board; or
(e) Including timber harvesting or road construction
within "urban growth areas," designated pursuant to chapter
36.70A RCW, which are Class IV;
Class III: Forest practices other than those contained in
Class I, II, or IV. A Class III application must be approved or
disapproved by the department within thirty calendar days
from the date the department receives the application. However, the applicant may not begin work on that forest practice
until all forest practice fees required under RCW 76.09.065
have been received by the department;
Class IV: Forest practices other than those contained in
Class I or II: (a) On lands platted after January 1, 1960, as
provided in chapter 58.17 RCW, (b) on lands that have or are
being converted to another use, (c) on lands which, pursuant
to RCW 76.09.070 as now or hereafter amended, are not to be
reforested because of the likelihood of future conversion to
urban development, (d) involving timber harvesting or road
construction on lands that are contained within "urban growth
areas," designated pursuant to chapter 36.70A RCW, except
where the forest landowner provides: (i) A written statement
of intent signed by the forest landowner not to convert to a
use other than commercial forest product operations for ten
years, accompanied by either a written forest management
plan acceptable to the department or documentation that the
land is enrolled under the provisions of chapter 84.33 RCW;
or (ii) a conversion option harvest plan approved by the local
governmental entity and submitted to the department as part
of the application, and/or (e) which have a potential for a substantial impact on the environment and therefore require an
evaluation by the department as to whether or not a detailed
statement must be prepared pursuant to the state environmental policy act, chapter 43.21C RCW. Such evaluation shall be
made within ten days from the date the department receives
the application: PROVIDED, That nothing herein shall be
construed to prevent any local or regional governmental
entity from determining that a detailed statement must be prepared for an action pursuant to a Class IV forest practice
taken by that governmental entity concerning the land on
which forest practices will be conducted. A Class IV application must be approved or disapproved by the department
within thirty calendar days from the date the department
receives the application, unless the department determines
that a detailed statement must be made, in which case the
application must be approved or disapproved by the department within sixty calendar days from the date the department
receives the application, unless the commissioner of public
lands, through the promulgation of a formal order, determines that the process cannot be completed within such
period. However, the applicant may not begin work on that
forest practice until all forest practice fees required under
RCW 76.09.065 have been received by the department.
Forest practices under Classes I, II, and III are exempt
from the requirements for preparation of a detailed statement
under the state environmental policy act.
(2) Except for those forest practices being regulated by
local governmental entities as provided elsewhere in this
chapter, no Class II, Class III, or Class IV forest practice shall
be commenced or continued after January 1, 1975, unless the
[Title 76 RCW—page 20]
department has received a notification with regard to a Class
II forest practice or approved an application with regard to a
Class III or Class IV forest practice containing all information required by RCW 76.09.060 as now or hereafter
amended. However, in the event forest practices regulations
necessary for the scheduled implementation of this chapter
and RCW 90.48.420 have not been adopted in time to meet
such schedules, the department shall have the authority to
regulate forest practices and approve applications on such
terms and conditions consistent with this chapter and RCW
90.48.420 and the purposes and policies of RCW 76.09.010
until applicable forest practices regulations are in effect.
(3) Except for those forest practices being regulated by
local governmental entities as provided elsewhere in this
chapter, if a notification or application is delivered in person
to the department by the operator or the operator's agent, the
department shall immediately provide a dated receipt thereof.
In all other cases, the department shall immediately mail a
dated receipt to the operator.
(4) Except for those forest practices being regulated by
local governmental entities as provided elsewhere in this
chapter, forest practices shall be conducted in accordance
with the forest practices regulations, orders and directives as
authorized by this chapter or the forest practices regulations,
and the terms and conditions of any approved applications.
(5) Except for those forest practices being regulated by
local governmental entities as provided elsewhere in this
chapter, the department of natural resources shall notify the
applicant in writing of either its approval of the application or
its disapproval of the application and the specific manner in
which the application fails to comply with the provisions of
this section or with the forest practices regulations. Except as
provided otherwise in this section, if the department fails to
either approve or disapprove an application or any portion
thereof within the applicable time limit, the application shall
be deemed approved and the operation may be commenced:
PROVIDED, That this provision shall not apply to applications which are neither approved nor disapproved pursuant to
the provisions of subsection (7) of this section: PROVIDED,
FURTHER, That if seasonal field conditions prevent the
department from being able to properly evaluate the application, the department may issue an approval conditional upon
further review within sixty days: PROVIDED, FURTHER,
That the department shall have until April 1, 1975, to approve
or disapprove an application involving forest practices
allowed to continue to April 1, 1975, under the provisions of
subsection (2) of this section. Upon receipt of any notification or any satisfactorily completed application the department shall in any event no later than two business days after
such receipt transmit a copy to the departments of ecology
and fish and wildlife, and to the county, city, or town in
whose jurisdiction the forest practice is to be commenced.
Any comments by such agencies shall be directed to the
department of natural resources.
(6) For those forest practices regulated by the board and
the department, if the county, city, or town believes that an
application is inconsistent with this chapter, the forest practices regulations, or any local authority consistent with RCW
76.09.240 as now or hereafter amended, it may so notify the
department and the applicant, specifying its objections.
(2004 Ed.)
Forest Practices
(7) For those forest practices regulated by the board and
the department, the department shall not approve portions of
applications to which a county, city, or town objects if:
(a) The department receives written notice from the
county, city, or town of such objections within fourteen business days from the time of transmittal of the application to the
county, city, or town, or one day before the department acts
on the application, whichever is later; and
(b) The objections relate to lands either:
(i) Platted after January 1, 1960, as provided in chapter
58.17 RCW; or
(ii) On lands that have or are being converted to another
use.
The department shall either disapprove those portions of
such application or appeal the county, city, or town objections to the appeals board. If the objections related to subparagraphs (b)(i) and (ii) of this subsection are based on local
authority consistent with RCW 76.09.240 as now or hereafter
amended, the department shall disapprove the application
until such time as the county, city, or town consents to its
approval or such disapproval is reversed on appeal. The
applicant shall be a party to all department appeals of county,
city, or town objections. Unless the county, city, or town
either consents or has waived its rights under this subsection,
the department shall not approve portions of an application
affecting such lands until the minimum time for county, city,
or town objections has expired.
(8) For those forest practices regulated by the board and
the department, in addition to any rights under the above
paragraph, the county, city, or town may appeal any department approval of an application with respect to any lands
within its jurisdiction. The appeals board may suspend the
department's approval in whole or in part pending such
appeal where there exists potential for immediate and material damage to a public resource.
(9) For those forest practices regulated by the board and
the department, appeals under this section shall be made to
the appeals board in the manner and time provided in RCW
76.09.220(8). In such appeals there shall be no presumption
of correctness of either the county, city, or town or the department position.
(10) For those forest practices regulated by the board and
the department, the department shall, within four business
days notify the county, city, or town of all notifications,
approvals, and disapprovals of an application affecting lands
within the county, city, or town, except to the extent the
county, city, or town has waived its right to such notice.
(11) For those forest practices regulated by the board and
the department, a county, city, or town may waive in whole or
in part its rights under this section, and may withdraw or
modify any such waiver, at any time by written notice to the
department.
(12) Notwithstanding subsections (2) through (5) of this
section, forest practices applications or notifications are not
required for exotic insect and disease control operations conducted in accordance with RCW 76.09.060(8) where eradication can reasonably be expected. [2003 c 314 § 4; 2002 c 121
§ 1; 1997 c 173 § 2; 1994 c 264 § 49; 1993 c 443 § 3; 1990
1st ex.s. c 17 § 61; 1988 c 36 § 47; 1987 c 95 § 9; 1975 1st
ex.s. c 200 § 2; 1974 ex.s. c 137 § 5.]
Findings—2003 c 314: See note following RCW 17.24.220.
(2004 Ed.)
76.09.060
Effective date—1993 c 443: See note following RCW 76.09.010.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
76.09.055
76.09.055 Findings—Emergency rule making authorized. (1) The legislature finds that the levels of fish stocks
throughout much of the state require immediate action to be
taken to help these fish runs where possible. The legislature
also recognizes that federal and state agencies, tribes, county
representatives, and private timberland owners have spent
considerable effort and time to develop the forests and fish
report. Given the agreement of the parties, the legislature
believes that the immediate adoption of emergency rules is
appropriate in this particular instance. These rules can implement many provisions of the forests and fish report to protect
the economic well-being of the state, and to minimize the risk
to the state and landowners to legal challenges. This authority is not designed to set any precedents for the forest practices board in future rule making or set any precedents for
other rule-making bodies of the state.
(2) The forest practices board is authorized to adopt
emergency rules amending the forest practices rules with
respect to the protection of aquatic resources, in accordance
with RCW 34.05.350, except: (a)(i) That the rules adopted
under this section may remain in effect until permanent rules
are adopted, or until June 30, 2001, whichever is sooner; (ii)
that the rules adopted under RCW 76.09.420(5) must remain
in effect until permanent rules are adopted; (b) notice of the
proposed rules must be published in the Washington State
Register as provided in RCW 34.05.320; (c) at least one public hearing must be conducted with an opportunity to provide
oral and written comments; and (d) a rule-making file must
be maintained as required by RCW 34.05.370. In adopting
emergency rules consistent with this section, the board is not
required to prepare a small business economic impact statement under chapter 19.85 RCW, prepare a statement indicating whether the rules constitute a significant legislative rule
under RCW 34.05.328, prepare a significant legislative rule
analysis under RCW 34.05.328, or follow the procedural
requirements of the state environmental policy act, chapter
43.21C RCW. Except as provided in RCW 76.09.420, the
forest practices board may only adopt recommendations contained in the forests and fish report as emergency rules under
this section. [2003 c 311 § 5; 2000 c 11 § 4; 1999 sp.s. c 4 §
201.]
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
Effective date—1999 sp.s. c 4 §§ 201, 202, and 203: "Sections 201,
202, and 203 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and take effect immediately [June 7, 1999]."
[1999 sp.s. c 4 § 1405.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.060
76.09.060 Applications for forest practices—Form—
Contents—Conversion of forest land to other use—Sixyear moratorium—New applications—Approval—Emergencies. The following shall apply to those forest practices
administered and enforced by the department and for which
the board shall promulgate regulations as provided in this
chapter:
[Title 76 RCW—page 21]
76.09.060
Title 76 RCW: Forests and Forest Products
(1) The department shall prescribe the form and contents
of the notification and application. The forest practices rules
shall specify by whom and under what conditions the notification and application shall be signed or otherwise certified
as acceptable. The application or notification shall be delivered in person to the department, sent by first class mail to the
department or electronically filed in a form defined by the
department. The form for electronic filing shall be readily
convertible to a paper copy, which shall be available to the
public pursuant to chapter 42.17 RCW. The information
required may include, but is not limited to:
(a) Name and address of the forest landowner, timber
owner, and operator;
(b) Description of the proposed forest practice or practices to be conducted;
(c) Legal description and tax parcel identification numbers of the land on which the forest practices are to be conducted;
(d) Planimetric and topographic maps showing location
and size of all lakes and streams and other public waters in
and immediately adjacent to the operating area and showing
all existing and proposed roads and major tractor roads;
(e) Description of the silvicultural, harvesting, or other
forest practice methods to be used, including the type of
equipment to be used and materials to be applied;
(f) Proposed plan for reforestation and for any revegetation necessary to reduce erosion potential from roadsides and
yarding roads, as required by the forest practices rules;
(g) Soil, geological, and hydrological data with respect
to forest practices;
(h) The expected dates of commencement and completion of all forest practices specified in the application;
(i) Provisions for continuing maintenance of roads and
other construction or other measures necessary to afford protection to public resources;
(j) An affirmation that the statements contained in the
notification or application are true; and
(k) All necessary application or notification fees.
(2) Long range plans may be submitted to the department
for review and consultation.
(3) The application for a forest practice or the notification of a Class II forest practice is subject to the three-year
reforestation requirement.
(a) If the application states that any such land will be or
is intended to be so converted:
(i) The reforestation requirements of this chapter and of
the forest practices rules shall not apply if the land is in fact
so converted unless applicable alternatives or limitations are
provided in forest practices rules issued under RCW
76.09.070 as now or hereafter amended;
(ii) Completion of such forest practice operations shall
be deemed conversion of the lands to another use for purposes of chapters 84.33 and 84.34 RCW unless the conversion is to a use permitted under a current use tax agreement
permitted under chapter 84.34 RCW;
(iii) The forest practices described in the application are
subject to applicable county, city, town, and regional governmental authority permitted under RCW 76.09.240 as now or
hereafter amended as well as the forest practices rules.
(b) Except as provided elsewhere in this section, if the
application or notification does not state that any land cov[Title 76 RCW—page 22]
ered by the application or notification will be or is intended to
be so converted:
(i) For six years after the date of the application the
county, city, town, and regional governmental entities shall
deny any or all applications for permits or approvals, including building permits and subdivision approvals, relating to
nonforestry uses of land subject to the application;
(A) The department shall submit to the local governmental entity a copy of the statement of a forest landowner's
intention not to convert which shall represent a recognition
by the landowner that the six-year moratorium shall be
imposed and shall preclude the landowner's ability to obtain
development permits while the moratorium is in place. This
statement shall be filed by the local governmental entity with
the county recording officer, who shall record the documents
as provided in chapter 65.04 RCW, except that lands designated as forest lands of long-term commercial significance
under chapter 36.70A RCW shall not be recorded due to the
low likelihood of conversion. Not recording the statement of
a forest landowner's conversion intention shall not be construed to mean the moratorium is not in effect.
(B) The department shall collect the recording fee and
reimburse the local governmental entity for the cost of
recording the application.
(C) When harvesting takes place without an application,
the local governmental entity shall impose the six-year moratorium provided in (b)(i) of this subsection from the date the
unpermitted harvesting was discovered by the department or
the local governmental entity.
(D) The local governmental entity shall develop a process for lifting the six-year moratorium, which shall include
public notification, and procedures for appeals and public
hearings.
(E) The local governmental entity may develop an
administrative process for lifting or waiving the six-year
moratorium for the purposes of constructing a single-family
residence or outbuildings, or both, on a legal lot and building
site. Lifting or waiving of the six-year moratorium is subject
to compliance with all local ordinances.
(F) The six-year moratorium shall not be imposed on a
forest practices application that contains a conversion option
harvest plan approved by the local governmental entity
unless the forest practice was not in compliance with the
approved forest practice permit. Where not in compliance
with the conversion option harvest plan, the six-year moratorium shall be imposed from the date the application was
approved by the department or the local governmental entity;
(ii) Failure to comply with the reforestation requirements
contained in any final order or decision shall constitute a
removal of designation under the provisions of RCW
84.33.140, and a change of use under the provisions of RCW
84.34.080, and, if applicable, shall subject such lands to the
payments and/or penalties resulting from such removals or
changes; and
(iii) Conversion to a use other than commercial forest
product operations within six years after approval of the forest practices without the consent of the county, city, or town
shall constitute a violation of each of the county, municipal
city, town, and regional authorities to which the forest practice operations would have been subject if the application had
so stated.
(2004 Ed.)
Forest Practices
(c) The application or notification shall be signed by the
forest landowner and accompanied by a statement signed by
the forest landowner indicating his or her intent with respect
to conversion and acknowledging that he or she is familiar
with the effects of this subsection.
(4) Whenever an approved application authorizes a forest practice which, because of soil condition, proximity to a
water course or other unusual factor, has a potential for causing material damage to a public resource, as determined by
the department, the applicant shall, when requested on the
approved application, notify the department two days before
the commencement of actual operations.
(5) Before the operator commences any forest practice in
a manner or to an extent significantly different from that
described in a previously approved application or notification, there shall be submitted to the department a new application or notification form in the manner set forth in this section.
(6) Except as provided in RCW 76.09.350(4), the notification to or the approval given by the department to an application to conduct a forest practice shall be effective for a term
of two years from the date of approval or notification and
shall not be renewed unless a new application is filed and
approved or a new notification has been filed. At the option
of the applicant, an application or notification may be submitted to cover a single forest practice or a number of forest
practices within reasonable geographic or political boundaries as specified by the department. An application or notification that covers more than one forest practice may have
an effective term of more than two years. The board shall
adopt rules that establish standards and procedures for
approving an application or notification that has an effective
term of more than two years. Such rules shall include
extended time periods for application or notification approval
or disapproval. On an approved application with a term of
more than two years, the applicant shall inform the department before commencing operations.
(7) Notwithstanding any other provision of this section,
no prior application or notification shall be required for any
emergency forest practice necessitated by fire, flood, windstorm, earthquake, or other emergency as defined by the
board, but the operator shall submit an application or notification, whichever is applicable, to the department within
forty-eight hours after commencement of such practice or as
required by local regulations.
(8) Forest practices applications or notifications are not
required for forest practices conducted to control exotic forest insect or disease outbreaks, when conducted by or under
the direction of the department of agriculture in carrying out
an order of the governor or director of the department of agriculture to implement pest control measures as authorized
under chapter 17.24 RCW, and are not required when conducted by or under the direction of the department in carrying
out emergency measures under a forest health emergency
declaration by the commissioner of public lands as provided
in RCW 76.06.130.
(a) For the purposes of this subsection, exotic forest
insect or disease has the same meaning as defined in RCW
76.06.020.
(b) In order to minimize adverse impacts to public
resources, control measures must be based on integrated pest
(2004 Ed.)
76.09.065
management, as defined in RCW 17.15.010, and must follow
forest practices rules relating to road construction and maintenance, timber harvest, and forest chemicals, to the extent
possible without compromising control objectives.
(c) Agencies conducting or directing control efforts must
provide advance notice to the appropriate regulatory staff of
the department of the operations that would be subject to
exemption from forest practices application or notification
requirements.
(d) When the appropriate regulatory staff of the department are notified under (c) of this subsection, they must consult with the landowner, interested agencies, and affected
tribes, and assist the notifying agencies in the development of
integrated pest management plans that comply with forest
practices rules as required under (b) of this subsection.
(e) Nothing under this subsection relieves agencies conducting or directing control efforts from requirements of the
federal clean water act as administered by the department of
ecology under RCW 90.48.260.
(f) Forest lands where trees have been cut as part of an
exotic forest insect or disease control effort under this subsection are subject to reforestation requirements under RCW
76.09.070.
(g) The exemption from obtaining approved forest practices applications or notifications does not apply to forest
practices conducted after the governor, the director of the
department of agriculture, or the commissioner of public
lands have declared that an emergency no longer exists
because control objectives have been met, that there is no
longer an imminent threat, or that there is no longer a good
likelihood of control. [2003 c 314 § 5. Prior: 1997 c 290 §
3; 1997 c 173 § 3; 1993 c 443 § 4; 1992 c 52 § 22; 1990 1st
ex.s. c 17 § 62; 1975 1st ex.s. c 200 § 3; 1974 ex.s. c 137 § 6.]
Findings—2003 c 314: See note following RCW 17.24.220.
Effective date—1993 c 443: See note following RCW 76.09.010.
Effective date—1992 c 52 § 22: "Section 22 of this act shall take effect
August 1, 1992." [1992 c 52 § 27.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
76.09.063 Forest practices permit—Habitat incentives agreement. When a private landowner is applying for
a forest practices permit under this chapter and that landowner has entered into a habitat incentives agreement with
the department and the department of fish and wildlife as provided in RCW 77.55.300, the department shall comply with
the terms of that agreement when evaluating the permit application. [2003 c 39 § 33; 1997 c 425 § 5.]
76.09.063
Finding—Intent—1997 c 425: See note following RCW 77.55.300.
76.09.065 Forest practices application or notification—Fee. (1) Effective July 1, 1997, an applicant shall pay
an application fee and a recording fee, if applicable, at the
time an application or notification is submitted to the department or to the local governmental entity as provided in this
chapter.
(2) For applications and notifications submitted to the
department, the application fee shall be fifty dollars for class
II, III, and IV forest practices applications or notifications
relating to the commercial harvest of timber. However, the
fee shall be five hundred dollars for class IV forest practices
76.09.065
[Title 76 RCW—page 23]
76.09.067
Title 76 RCW: Forests and Forest Products
applications on lands being converted to other uses or on
lands which are not to be reforested because of the likelihood
of future conversion to urban development or on lands that
are contained within "urban growth areas," designated pursuant to chapter 36.70A RCW, except the fee shall be fifty dollars on those lands where the forest landowner provides:
(a) A written statement of intent signed by the forest
landowner not to convert to a use other than commercial forest product operations for ten years, accompanied by either a
written forest management plan acceptable to the department
or documentation that the land is enrolled under the provisions of chapter 84.33 RCW; or
(b) A conversion option harvest plan approved by the
local governmental entity and submitted to the department as
part of the forest practices application.
All money collected from fees under this subsection shall be
deposited in the state general fund.
(3) For applications submitted to the local governmental
entity, the fee shall be five hundred dollars for class IV forest
practices on lands being converted to other uses or lands that
are contained within "urban growth areas," designated pursuant to chapter 36.70A RCW, except as otherwise provided in
this section, unless a different fee is otherwise provided by
the local governmental entity.
(4) Recording fees shall be as provided in chapter 36.18
RCW.
(5) An application fee under subsection (2) of this section shall be refunded or credited to the applicant if either the
application or notification is disapproved by the department
or the application or notification is withdrawn by the applicant due to restrictions imposed by the department. [2000 c
11 § 5; 1997 c 173 § 4; 1993 c 443 § 5.]
Effective date—1993 c 443: See note following RCW 76.09.010.
76.09.067
76.09.067 Application for forest practices—Owner of
perpetual timber rights. Notwithstanding any other provision of this chapter to the contrary, for the purposes of RCW
76 .0 9.0 50 (1 ), 76 .0 9.06 0( 3 ) ( b) (i) (A) and ( c), and
76.09.065(2)(a), where timber rights have been transferred
by deed to a perpetual owner who is different from the forest
landowner, the owner of perpetual timber rights may sign the
forest practices application and the statement of intent not to
convert for a set period of time. The forest practices application is not complete until the holder of perpetual timber rights
has submitted evidence to the department that the signed forest practices application and the signed statement of intent
have been served on the forest landowner. [1998 c 100 § 1.]
76.09.070
76.09.070 Reforestation—Requirements—Procedures—Notification on sale or transfer. After the completion of a logging operation, satisfactory reforestation as
defined by the rules and regulations promulgated by the
board shall be completed within three years: PROVIDED,
That: (1) A longer period may be authorized if seed or seedlings are not available; (2) a period of up to five years may be
allowed where a natural regeneration plan is approved by the
department; and (3) the department may identify low-productivity lands on which it may allow for a period of up to ten
years for natural regeneration. Upon the completion of a
reforestation operation a report on such operation shall be
[Title 76 RCW—page 24]
filed with the department of natural resources. Within twelve
months of receipt of such a report the department shall
inspect the reforestation operation, and shall determine either
that the reforestation operation has been properly completed
or that further reforestation and inspection is necessary.
Satisfactory reforestation is the obligation of the owner
of the land as defined by forest practices regulations, except
the owner of perpetual rights to cut timber owned separately
from the land is responsible for satisfactory reforestation. The
reforestation obligation shall become the obligation of a new
owner if the land or perpetual timber rights are sold or otherwise transferred.
Prior to the sale or transfer of land or perpetual timber
rights subject to a reforestation obligation, the seller shall
notify the buyer of the existence and nature of the obligation
and the buyer shall sign a notice of reforestation obligation
indicating the buyer's knowledge thereof. The notice shall be
on a form prepared by the department and shall be sent to the
department by the seller at the time of sale or transfer of the
land or perpetual timber rights. If the seller fails to notify the
buyer about the reforestation obligation, the seller shall pay
the buyer's costs related to reforestation, including all legal
costs which include reasonable attorneys' fees, incurred by
the buyer in enforcing the reforestation obligation against the
seller. Failure by the seller to send the required notice to the
department at the time of sale shall be prima facie evidence,
in an action by the buyer against the seller for costs related to
reforestation, that the seller did not notify the buyer of the
reforestation obligation prior to sale.
The forest practices regulations may provide alternatives
to or limitations on the applicability of reforestation requirements with respect to forest lands being converted in whole
or in part to another use which is compatible with timber
growing. The forest practices regulations may identify classifications and/or areas of forest land that have the likelihood
of future conversion to urban development within a ten year
period. The reforestation requirements may be modified or
eliminated on such lands: PROVIDED, That such identification and/or such conversion to urban development must be
consistent with any local or regional land use plans or ordinances. [1987 c 95 § 10; 1982 c 173 § 1; 1975 1st ex.s. c 200
§ 4; 1974 ex.s. c 137 § 7.]
Effective date—1982 c 173: "This act shall take effect July 1, 1982."
[1982 c 173 § 2.]
76.09.080
76.09.080 Stop work orders—Grounds—Contents—
Procedure—Appeals. (1) The department shall have the
authority to serve upon an operator a stop work order which
shall be a final order of the department if:
(a) There is any violation of the provisions of this chapter or the forest practices regulations; or
(b) There is a deviation from the approved application;
or
(c) Immediate action is necessary to prevent continuation of or to avoid material damage to a public resource.
(2) The stop work order shall set forth:
(a) The specific nature, extent, and time of the violation,
deviation, damage, or potential damage;
(b) An order to stop all work connected with the violation, deviation, damage, or potential damage;
(2004 Ed.)
Forest Practices
(c) The specific course of action needed to correct such
violation or deviation or to prevent damage and to correct
and/or compensate for damage to public resources which has
resulted from any violation, unauthorized deviation, or willful or negligent disregard for potential damage to a public
resource; and/or those courses of action necessary to prevent
continuing damage to public resources where the damage is
resulting from the forest practice activities but has not
resulted from any violation, unauthorized deviation, or negligence; and
(d) The right of the operator to a hearing before the
appeals board.
The department shall immediately file a copy of such
order with the appeals board and mail a copy thereof to the
timber owner and forest land owner at the addresses shown
on the application. The operator, timber owner, or forest land
owner may commence an appeal to the appeals board within
fifteen days after service upon the operator. If such appeal is
commenced, a hearing shall be held not more than twenty
days after copies of the notice of appeal were filed with the
appeals board. Such proceeding shall be an adjudicative proceeding within the meaning of chapter 34.05 RCW, the
Administrative Procedure Act. The operator shall comply
with the order of the department immediately upon being
served, but the appeals board if requested shall have authority
to continue or discontinue in whole or in part the order of the
department under such conditions as it may impose pending
the outcome of the proceeding. [1989 c 175 § 163; 1975 1st
ex.s. c 200 § 5; 1974 ex.s. c 137 § 8.]
76.09.120
department: PROVIDED, That no direct appeal to the
appeals board will be allowed from such final order. Such
operator shall undertake the course of action so ordered by
the department unless, within fifteen days after the date of
service of such notice to comply, the operator, forest land
owner, or timber owner, shall request the department in writing to schedule a hearing. If so requested, the department
shall schedule a hearing on a date not more than twenty days
after receiving such request. Within ten days after such hearing, the department shall issue a final order either withdrawing its notice to comply or clearly setting forth the specific
course of action to be followed by such operator. Such operator shall undertake the course of action so ordered by the
department unless within thirty days after the date of such
final order, the operator, forest land owner, or timber owner
appeals such final order to the appeals board.
No person shall be under any obligation under this section to prevent, correct, or compensate for any damage to
public resources which occurs more than one year after the
date of completion of the forest practices operations involved
exclusive of reforestation, unless such forest practices were
not conducted in accordance with forest practices rules and
regulations: PROVIDED, That this provision shall not
relieve the forest land owner from any obligation to comply
with forest practices rules and regulations pertaining to providing continuing road maintenance. No action to recover
damages shall be taken under this section more than two
years after the date the damage involved occurs. [1975 1st
ex.s. c 200 § 6; 1974 ex.s. c 137 § 9.]
Effective date—1989 c 175: See note following RCW 34.05.010.
76.09.100
76.09.090
76.09.090 Notice of failure to comply—Contents—
Procedures—Appeals—Hearing—Final order—Limitations on actions. If a violation, a deviation, material damage
or potential for material damage to a public resource has
occurred and the department determines that a stop work
order is unnecessary, then the department shall issue and
serve upon the operator or land owner a notice, which shall
clearly set forth:
(1)(a) The specific nature, extent, and time of failure to
comply with the approved application; or identifying the
damage or potential damage; and/or
(b) The relevant provisions of this chapter or of the forest
practice regulations relating thereto;
(2) The right of the operator or land owner to a hearing
before the department; and
(3) The specific course of action ordered by the department to be followed by the operator to correct such failure to
comply and to prevent, correct and/or compensate for material damage to public resources which resulted from any violation, unauthorized deviation, or wilful or negligent disregard for potential damage to a public resource; and/or those
courses of action necessary to prevent continuing damage to
public resources where the damage is resulting from the forest practice activities but has not resulted from any violation,
unauthorized deviation, or negligence.
The department shall mail a copy thereof to the forest
land owner and the timber owner at the addresses shown on
the application, showing the date of service upon the operator. Such notice to comply shall become a final order of the
(2004 Ed.)
76.09.100 Failure to comply with water quality protection—Department of ecology authorized to petition
appeals board—Action on petition. If the department of
ecology determines that a person has failed to comply with
the forest practices regulations relating to water quality protection, and that the department of natural resources has not
issued a stop work order or notice to comply, the department
of ecology shall inform the department thereof. If the department of natural resources fails to take authorized enforcement action within twenty-four hours under RCW 76.09.080,
76.09.090, 76.09.120, or 76.09.130, the department of ecology may petition to the chairman of the appeals board, who
shall, within forty-eight hours, either deny the petition or
direct the department of natural resources to immediately
issue a stop work order or notice to comply, or to impose a
penalty. No civil or criminal penalties shall be imposed for
past actions or omissions if such actions or omissions were
conducted pursuant to an approval or directive of the department of natural resources. [1975 1st ex.s. c 200 § 7; 1974
ex.s. c 137 § 10.]
76.09.110
76.09.110 Final orders or final decisions binding
upon all parties. Unless declared invalid on appeal, a final
order of the department or a final decision of the appeals
board shall be binding upon all parties. [1974 ex.s. c 137 §
11.]
76.09.120
76.09.120 Failure of owner to take required course of
action—Notice of cost—Department authorized to complete course of action—Liability of owner for costs—
[Title 76 RCW—page 25]
76.09.130
Title 76 RCW: Forests and Forest Products
Lien. If an operator fails to undertake and complete any
course of action with respect to a forest practice, as required
by a final order of the department or a final decision of the
appeals board or any court pursuant to RCW 76.09.080 and
76.09.090, the department may determine the cost thereof
and give written notice of such cost to the operator, the timber
owner and the owner of the forest land upon or in connection
with which such forest practice was being conducted. If such
operator, timber owner, or forest land owner fails within
thirty days after such notice is given to undertake such course
of action, or having undertaken such course of action fails to
complete it within a reasonable time, the department may
expend any funds available to undertake and complete such
course of action and such operator, timber owner, and forest
land owner shall be jointly and severally liable for the actual,
direct cost thereof, but in no case more than the amount set
forth in the notice from the department. If not paid within
sixty days after the department completes such course of
action and notifies such forest land owner in writing of the
amount due, such amount shall become a lien on such forest
land and the department may collect such amount in the same
manner provided in chapter 60.04 RCW for mechanics' liens.
[1974 ex.s. c 137 § 12.]
76.09.130
76.09.130 Failure to obey stop work order—Departmental action authorized—Liability of owner or operator
for costs. When the operator has failed to obey a stop work
order issued under the provisions of RCW 76.09.080 the
department may take immediate action to prevent continuation of or avoid material damage to public resources. If a final
order or decision fixes liability with the operator, timber
owner, or forest land owner, they shall be jointly and severally liable for such emergency costs which may be collected
in the manner provided for in RCW 76.09.120. [1974 ex.s. c
137 § 13.]
76.09.140
76.09.140 Enforcement. (1) The department of natural
resources may take any necessary action to enforce any final
order or final decision, and may disapprove any forest practices application or notification submitted by any person who
has failed to comply with a final order or final decision or has
failed to pay any civil penalties as provided in RCW
76.09.170, for up to one year from the issuance of a notice of
intent to disapprove notifications and applications under this
section or until the violator pays all outstanding civil penalties and complies with all validly issued and outstanding
notices to comply and stop work orders, whichever is longer.
For purposes of chapter 482, Laws of 1993, the terms "final
order" and "final decision" shall mean the same as set forth in
RCW 76.09.080, 76.09.090, and 76.09.110. The department
shall provide written notice of its intent to disapprove an
application or notification under this subsection. The department shall forward copies of its notice of intent to disapprove
to any affected landowner. The disapproval period shall run
from thirty days following the date of actual notice or when
all administrative and judicial appellate processes, if any,
have been exhausted. Any person provided the notice may
seek review from the appeals board by filing a request for
review within thirty days of the date of the notice of intent.
While the notice of intent to disapprove is in effect, the viola[Title 76 RCW—page 26]
tor may not serve as a person in charge of, be employed by,
manage, or otherwise participate to any degree in forest practices.
(2) On request of the department, the attorney general
may take action necessary to enforce this chapter, including,
but not limited to: Seeking penalties, interest, costs, and
attorneys' fees; enforcing final orders or decisions; and seeking civil injunctions, show cause orders, or contempt orders.
(3) A county may bring injunctive, declaratory, or other
actions for enforcement for forest practice activities within its
jurisdiction in the superior court as provided by law against
the department, the forest landowner, timber owner or operator to enforce the forest practices rules or any final order of
the department, or the appeals board. No civil or criminal
penalties shall be imposed for past actions or omissions if
such actions or omissions were conducted pursuant to an
approval or directive of the department. Injunctions, declaratory actions, or other actions for enforcement under this subsection may not be commenced unless the department fails to
take appropriate action after ten days written notice to the
department by the county of a violation of the forest practices
rules or final orders of the department or the appeals board.
(4)(a) The department may require financial assurance
prior to the conduct of any further forest practices from an
operator or landowner who within the preceding three-year
period has:
(i) Operated without an approved forest practices application, other than an unintentional operation in connection
with an approved application outside the approved boundary
of such an application;
(ii) Continued to operate in breach of, or failed to comply
with, the terms of an effective stop work order or notice to
comply; or
(iii) Failed to pay any civil or criminal penalty.
(b) The department may deny any application for failure
to submit financial assurances as required. [2000 c 11 § 6;
1999 sp.s. c 4 § 801; 1993 c 482 § 1; 1975 1st ex.s. c 200 § 8;
1974 ex.s. c 137 § 14.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.150
76.09.150 Inspection—Right of entry. (1) The department shall make inspections of forest lands, before, during
and after the conducting of forest practices as necessary for
the purpose of ensuring compliance with this chapter and the
forest practices rules and to ensure that no material damage
occurs to the natural resources of this state as a result of such
practices.
(2) Any duly authorized representative of the department
shall have the right to enter upon forest land at any reasonable
time to enforce the provisions of this chapter and the forest
practices rules.
(3) The department or the department of ecology may
apply for an administrative inspection warrant to either Thurston county superior court, or the superior court in the county
in which the property is located. An administrative inspection
warrant may be issued where:
(a) The department has attempted an inspection of forest
lands under this chapter to ensure compliance with this chapter and the forest practices rules or to ensure that no potential
or actual material damage occurs to the natural resources of
(2004 Ed.)
Forest Practices
this state, and access to all or part of the forest lands has been
actually or constructively denied; or
(b) The department has reasonable cause to believe that
a violation of this chapter or of rules adopted under this chapter is occurring or has occurred.
(4) In connection with any watershed analysis, any
review of a pending application by an identification team
appointed by the department, any compliance studies, any
effectiveness monitoring, or other research that has been
agreed to by a landowner, the department may invite representatives of other agencies, tribes, and interest groups to
accompany a department representative and, at the landowner's election, the landowner, on any such inspections.
Reasonable efforts shall be made by the department to notify
the landowner of the persons being invited onto the property
and the purposes for which they are being invited. [2000 c 11
§ 7; 1999 sp.s. c 4 § 802; 1974 ex.s. c 137 § 15.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.160 Right of entry by department of ecology.
Any duly authorized representative of the department of ecology shall have the right to enter upon forest land at any reasonable time to administer the provisions of this chapter and
RCW 90.48.420. [1974 ex.s. c 137 § 16.]
76.09.160
76.09.170 Violations—Conversion to nontimber
operation—Penalties—Remission or mitigation—
Appeals—Lien. (1) Every person who violates any provision of RCW 76.09.010 through 76.09.280 or of the forest
practices rules, or who converts forest land to a use other than
commercial timber operation within three years after completion of the forest practice without the consent of the county,
city, or town, shall be subject to a penalty in an amount of not
more than ten thousand dollars for every such violation. Each
and every such violation shall be a separate and distinct
offense. In case of a failure to comply with a stop work order,
every day's continuance shall be a separate and distinct violation. Every person who through an act of commission or
omission procures, aids or abets in the violation shall be considered to have violated the provisions of this section and
shall be subject to the penalty in this section. No penalty shall
be imposed under this section upon any governmental official, an employee of any governmental department, agency,
or entity, or a member of any board or advisory committee
created by this chapter for any act or omission in his or her
duties in the administration of this chapter or of any rule
adopted under this chapter.
(2) The department shall develop and recommend to the
board a penalty schedule to determine the amount to be
imposed under this section. The board shall adopt by rule,
pursuant to chapter 34.05 RCW, such penalty schedule to be
effective no later than January 1, 1994. The schedule shall be
developed in consideration of the following:
(a) Previous violation history;
(b) Severity of the impact on public resources;
(c) Whether the violation of this chapter or its rules was
intentional;
(d) Cooperation with the department;
(e) Repairability of the adverse effect from the violation;
and
76.09.170
(2004 Ed.)
76.09.170
(f) The extent to which a penalty to be imposed on a forest landowner for a forest practice violation committed by
another should be reduced because the owner was unaware of
the violation and has not received substantial economic benefits from the violation.
(3) The penalty in this section shall be imposed by a
notice in writing, either by certified mail with return receipt
requested or by personal service, to the person incurring the
same from the department describing the violation with reasonable particularity. Within fifteen days after the notice is
received, the person incurring the penalty may apply in writing to the department for the remission or mitigation of such
penalty. Upon receipt of the application, that department may
remit or mitigate the penalty upon whatever terms that
department in its discretion deems proper, provided the
department deems such remission or mitigation to be in the
best interests of carrying out the purposes of this chapter. The
department shall have authority to ascertain the facts regarding all such applications in such reasonable manner and
under such rule as it may deem proper.
(4) Any person incurring a penalty under this section
may appeal the penalty to the forest practices appeals board.
Such appeals shall be filed within thirty days of receipt of
notice imposing any penalty unless an application for remission or mitigation is made to the department. When such an
application for remission or mitigation is made, such appeals
shall be filed within thirty days of receipt of notice from the
department setting forth the disposition of the application for
remission or mitigation.
(5) The penalty imposed under this section shall become
due and payable thirty days after receipt of a notice imposing
the same unless application for remission or mitigation is
made or an appeal is filed. When such an application for
remission or mitigation is made, any penalty incurred under
this section shall become due and payable thirty days after
receipt of notice setting forth the disposition of such application unless an appeal is filed from such disposition. Whenever an appeal of the penalty incurred is filed, the penalty
shall become due and payable only upon completion of all
administrative and judicial review proceedings and the issuance of a final decision confirming the penalty in whole or in
part.
(6) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the
attorney general, upon the request of the department, shall
bring an action in the name of the state of Washington in the
superior court of Thurston county or of any county in which
such violator may do business, to recover such penalty, interest, costs, and attorneys' fees. In all such actions the procedure and rules of evidence shall be the same as an ordinary
civil action except as otherwise in this chapter provided. In
addition to or as an alternative to seeking enforcement of penalties in superior court, the department may bring an action in
district court as provided in Title 3 RCW, to collect penalties,
interest, costs, and attorneys' fees.
(7) Penalties imposed under this section for violations
associated with a conversion to a use other than commercial
timber operation shall be a lien upon the real property of the
person assessed the penalty and the department may collect
such amount in the same manner provided in chapter 60.04
RCW for mechanics' liens.
[Title 76 RCW—page 27]
76.09.180
Title 76 RCW: Forests and Forest Products
(8) Any person incurring a penalty imposed under this
section is also responsible for the payment of all costs and
attorneys' fees incurred in connection with the penalty and
interest accruing on the unpaid penalty amount. [1999 sp.s. c
4 § 803; 1993 c 482 § 2; 1975 1st ex.s. c 200 § 9; 1974 ex.s.
c 137 § 17.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Effective date—1993 c 482 § 2(1) and (3) through (7): "The following portions of this act shall take effect on January 1, 1994: Subsections (1)
and (3) through (7) of section 2 of this act." [1993 c 482 § 3.]
76.09.180
76.09.180 Disposition of moneys received as penalties, reimbursement for damages. All penalties received or
recovered by state agency action for violations as prescribed
in RCW 76.09.170 shall be deposited in the state general
fund. All such penalties recovered as a result of local government action shall be deposited in the local government general fund. Any funds recovered as reimbursement for damages pursuant to RCW 76.09.080 and 76.09.090 shall be
transferred to that agency with jurisdiction over the public
resource damaged, including but not limited to political subdivisions, the department of fish and wildlife, the department
of ecology, the department of natural resources, or any other
department that may be so designated: PROVIDED, That
nothing herein shall be construed to affect the provisions of
RCW 90.48.142. [1994 c 264 § 50; 1988 c 36 § 48; 1974
ex.s. c 137 § 18.]
qualified. In case of a vacancy, it shall be filled by appointment by the governor for the unexpired portion of the term in
which such vacancy occurs. The terms of the first three members of the appeals board shall be staggered so that their terms
shall expire after two, four, and six years.
(4) Any member may be removed for inefficiency, malfeasance or misfeasance in office, upon specific written
charges filed by the governor, who shall transmit such written
charges to the member accused and to the chief justice of the
supreme court. The chief justice shall thereupon designate a
tribunal composed of three judges of the superior court to
hear and adjudicate the charges. Such tribunal shall fix the
time of the hearing, which shall be public, and the procedure
for the hearing, and the decision of such tribunal shall be final
and not subject to review by the supreme court. Removal of
any member by the tribunal shall disqualify such member for
reappointment.
(5) Each member of the appeals board:
(a) Shall not be a candidate for nor hold any other public
office or trust, and shall not engage in any occupation or business interfering with or inconsistent with his duty as a member, nor shall he serve on or under any committee of any
political party; and
(b) Shall not for a period of one year after the termination
of his membership, act in a representative capacity before the
appeals board on any matter. [1979 ex.s. c 47 § 4; 1974 ex.s.
c 137 § 21.]
Intent—1979 ex.s. c 47: See note following RCW 43.21B.005.
76.09.190
76.09.190 Additional penalty, gross misdemeanor. In
addition to the penalties imposed pursuant to RCW
76.09.170, any person who conducts any forest practice or
knowingly aids or abets another in conducting any forest
practice in violation of any provisions of RCW 76.09.010
through 76.09.280 or 90.48.420, or of the regulations implementing RCW 76.09.010 through 76.09.280 or 90.48.420,
shall be guilty of a gross misdemeanor and upon conviction
thereof shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by
imprisonment for a term of not more than one year or by both
fine and imprisonment for each separate violation. Each day
upon which such violation occurs shall constitute a separate
violation. [1974 ex.s. c 137 § 19.]
76.09.210
76.09.210 Forest practices appeals board—Created—Membership—Terms—Vacancies—Removal. (1)
There is hereby created within the environmental hearings
office under RCW 43.21B.005 the forest practices appeals
board of the state of Washington.
(2) The forest practices appeals board shall consist of
three members qualified by experience and training in pertinent matters pertaining to the environment, and at least one
member of the appeals board shall have been admitted to the
practice of law in this state and shall be engaged in the legal
profession at the time of his appointment. The appeals board
shall be appointed by the governor with the advice and consent of the senate, and no more than two of the members at
the time of appointment or during their term shall be members of the same political party.
(3) Members shall be appointed for a term of six years
and shall serve until their successors are appointed and have
[Title 76 RCW—page 28]
76.09.220
76.09.220 Forest practices appeals board—Compensation—Travel expenses—Chair—Office—Quorum—
Powers and duties—Jurisdiction—Review. (1) The
appeals board shall operate on either a part-time or a full-time
basis, as determined by the governor. If it is determined that
the appeals board shall operate on a full-time basis, each
member shall receive an annual salary to be determined by
the governor. If it is determined that the appeals board shall
operate on a part-time basis, each member shall be compensated in accordance with RCW 43.03.250. The director of
the environmental hearings office shall make the determination, required under RCW 43.03.250, as to what statutorily
prescribed duties, in addition to attendance at a hearing or
meeting of the board, shall merit compensation. This compensation shall not exceed ten thousand dollars in a fiscal
year. Each member shall receive reimbursement for travel
expenses incurred in the discharge of his or her duties in
accordance with the provisions of RCW 43.03.050 and
43.03.060.
(2) The appeals board shall as soon as practicable after
the initial appointment of the members thereof, meet and
elect from among its members a chair, and shall at least biennially thereafter meet and elect or reelect a chair.
(3) The principal office of the appeals board shall be at
the state capital, but it may sit or hold hearings at any other
place in the state. A majority of the appeals board shall constitute a quorum for making orders or decisions, adopting
rules necessary for the conduct of its powers and duties, or
transacting other official business, and may act though one
position on the board be vacant. One or more members may
hold hearings and take testimony to be reported for action by
(2004 Ed.)
Forest Practices
the board when authorized by rule or order of the board. The
appeals board shall perform all the powers and duties granted
to it in this chapter or as otherwise provided by law.
(4) The appeals board shall make findings of fact and
prepare a written decision in each case decided by it, and such
findings and decision shall be effective upon being signed by
two or more members and upon being filed at the appeals
board's principal office, and shall be open to public inspection at all reasonable times.
(5) The appeals board shall either publish at its expense
or make arrangements with a publishing firm for the publication of those of its findings and decisions which are of general public interest, in such form as to assure reasonable distribution thereof.
(6) The appeals board shall maintain at its principal
office a journal which shall contain all official actions of the
appeals board, with the exception of findings and decisions,
together with the vote of each member on such actions. The
journal shall be available for public inspection at the principal office of the appeals board at all reasonable times.
(7) The forest practices appeals board shall have exclusive jurisdiction to hear appeals arising from an action or
determination by the department, and the department of fish
and wildlife, and the department of ecology with respect to
management plans provided for under RCW 76.09.350.
(8)(a) Any person aggrieved by the approval or disapproval of an application to conduct a forest practice or the
approval or disapproval of any landscape plan or permit or
watershed analysis may, except as otherwise provided in
chapter 43.21L RCW, seek review from the appeals board by
filing a request for the same within thirty days of the approval
or disapproval. Concurrently with the filing of any request
for review with the board as provided in this section, the
requestor shall file a copy of his or her request with the
department and the attorney general. The attorney general
may intervene to protect the public interest and ensure that
the provisions of this chapter are complied with.
(b) The review proceedings authorized in (a) of this subsection are subject to the provisions of chapter 34.05 RCW
pertaining to procedures in adjudicative proceedings. [2003
c 393 § 20; 1999 sp.s. c 4 § 902; 1999 c 90 § 1. Prior: 1997
c 423 § 2; 1997 c 290 § 5; 1989 c 175 § 164; 1984 c 287 §
109; 1979 ex.s. c 47 § 5; 1975-'76 2nd ex.s. c 34 § 174; 1975
1st ex.s. c 200 § 10; 1974 ex.s. c 137 § 22.]
Implementation—Effective date—2003 c 393: See RCW 43.21L.900
and 43.21L.901.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Finding—1997 c 423: "The legislature finds that the functions of the
forest practices appeals board have overriding sensitivity and are of importance to the public welfare and operation of state government." [1997 c 423
§ 1.]
Effective date—1997 c 423: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 423 § 3.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Intent—1979 ex.s. c 47: See note following RCW 43.21B.005.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
(2004 Ed.)
76.09.240
76.09.230
76.09.230 Forest practices appeals board—Mediation—Appeal procedure—Judicial review. (1) In all
appeals over which the appeals board has jurisdiction, upon
request of one or more parties and with the consent of all parties, the appeals board shall promptly schedule a conference
for the purpose of attempting to mediate the case. The mediation conference shall be held prior to the hearing on not less
than seven days' advance written notice to all parties. All
other proceedings pertaining to the appeal shall be stayed
until completion of mediation, which shall continue so long
as all parties consent: PROVIDED, That this shall not prevent the appeals board from deciding motions filed by the
parties while mediation is ongoing: PROVIDED, FURTHER, That discovery may be conducted while mediation is
ongoing if agreed to by all parties. Mediation shall be conducted by an administrative appeals judge or other duly
authorized agent of the appeals board who has received training in dispute resolution techniques or has a demonstrated
history of successfully resolving disputes, as determined by
the appeals board. A person who mediates in a particular
appeal shall not participate in a hearing on that appeal or in
writing the decision and order in the appeal. Documentary
and other physical evidence presented and evidence of conduct or statements made during the course of mediation shall
be treated by the mediator and the parties in a confidential
manner and shall not be admissible in subsequent proceedings in the appeal except in accordance with the provisions of
the Washington rules of evidence pertaining to compromise
negotiations.
(2) In all appeals the appeals board shall have all powers
relating to administration of oaths, issuance of subpoenas,
and taking of depositions, but such powers shall be exercised
in conformity with chapter 34.05 RCW.
(3) In all appeals the appeals board, and each member
thereof, shall be subject to all duties imposed upon and shall
have all powers granted to, an agency by those provisions of
chapter 34.05 RCW relating to adjudicative proceedings.
(4) All proceedings before the appeals board or any of its
members shall be conducted in accordance with such rules of
practice and procedure as the board may prescribe. The
appeals board shall publish such rules and arrange for the reasonable distribution thereof.
(5) Judicial review of a decision of the appeals board
may be obtained only pursuant to RCW 34.05.510 through
34.05.598. [1994 c 253 § 9; 1992 c 52 § 23; 1989 c 175 §
165; 1974 ex.s. c 137 § 23.]
Effective date—1989 c 175: See note following RCW 34.05.010.
76.09.240
76.09.240 Class IV forest practices—Counties and
cities adopt standards—Administration and enforcement
of regulations—Restrictions upon local political subdivisions or regional entities—Exceptions and limitations. (1)
By December 31, 2005, each county and each city shall adopt
ordinances or promulgate regulations setting standards for
those Class IV forest practices regulated by local government. The regulations shall: (a) Establish minimum standards for Class IV forest practices; (b) set forth necessary
administrative provisions; and (c) establish procedures for
the collection and administration of forest practices and
recording fees as set forth in this chapter.
[Title 76 RCW—page 29]
76.09.250
Title 76 RCW: Forests and Forest Products
(2) Class IV forest practices regulations shall be administered and enforced by the counties and cities that promulgate them.
(3) The forest practices board shall continue to promulgate regulations and the department shall continue to administer and enforce the regulations promulgated by the board in
each county and each city for all forest practices as provided
in this chapter until such time as, in the opinion of the department, the county or city has promulgated forest practices regulations that meet the requirements as set forth in this section
and that meet or exceed the standards set forth by the board in
regulations in effect at the time the local regulations are
adopted. Regulations promulgated by the county or city
thereafter shall be reviewed in the usual manner set forth for
county or city rules or ordinances. Amendments to local ordinances must meet or exceed the forest practices rules at the
time the local ordinances are amended.
(a) Department review of the initial regulations promulgated by a county or city shall take place upon written request
by the county or city. The department, in consultation with
the department of ecology, may approve or disapprove the
regulations in whole or in part.
(b) Until January 1, 2006, the department shall provide
technical assistance to all counties or cities that have adopted
forest practices regulations acceptable to the department and
that have assumed regulatory authority over all Class IV forest practices within their jurisdiction.
(c) Decisions by the department approving or disapproving the initial regulations promulgated by a county or city
may be appealed to the forest practices appeals board, which
has exclusive jurisdiction to review the department's
approval or disapproval of regulations promulgated by counties and cities.
(4) For those forest practices over which the board and
the department maintain regulatory authority no county, city,
municipality, or other local or regional governmental entity
shall adopt or enforce any law, ordinance, or regulation pertaining to forest practices, except that to the extent otherwise
permitted by law, such entities may exercise any:
(a) Land use planning or zoning authority: PROVIDED,
That exercise of such authority may regulate forest practices
only: (i) Where the application submitted under RCW
76.09.060 as now or hereafter amended indicates that the
lands have been or will be converted to a use other than commercial forest product production; or (ii) on lands which have
been platted after January 1, 1960, as provided in chapter
58.17 RCW: PROVIDED, That no permit system solely for
forest practices shall be allowed; that any additional or more
stringent regulations shall not be inconsistent with the forest
practices regulations enacted under this chapter; and such
local regulations shall not unreasonably prevent timber harvesting;
(b) Taxing powers;
(c) Regulatory authority with respect to public health;
and
(d) Authority granted by chapter 90.58 RCW, the
"Shoreline Management Act of 1971". [2002 c 121 § 2; 1997
c 173 § 5; 1975 1st ex.s. c 200 § 11; 1974 ex.s. c 137 § 24.]
76.09.250 Policy for continuing program of orientation and training. The board shall establish a policy for a
76.09.250
[Title 76 RCW—page 30]
continuing program of orientation and training to be conducted by the department with relation to forest practices and
the regulation thereof pursuant to RCW 76.09.010 through
76.09.280. [1974 ex.s. c 137 § 25.]
76.09.260
76.09.260 Department to represent state's interest—
Cooperation with other public agencies—Grants and
gifts. The department shall represent the state's interest in
matters pertaining to forestry and forest practices, including
federal matters, and may consult with and cooperate with the
federal government and other states, as well as other public
agencies, in the study and enhancement of forestry and forest
practices. The department is authorized to accept, receive,
disburse, and administer grants or other funds or gifts from
any source, including private individuals or agencies, the federal government, and other public agencies for the purposes
of carrying out the provisions of this chapter.
Nothing in this chapter shall modify the designation of
the department of ecology as the agency representing the
state for all purposes of the Federal Water Pollution Control
Act. [1974 ex.s. c 137 § 26.]
76.09.270
76.09.270 Annual determination of state's research
needs—Recommendations. The department, along with
other affected agencies and institutions, shall annually determine the state's needs for research in forest practices and the
impact of such practices on public resources and shall recommend needed projects to the governor and the legislature.
[1974 ex.s. c 137 § 27.]
76.09.280
76.09.280 Removal of log and debris jams from
streams. Forest land owners shall permit reasonable access
requested by appropriate agencies for removal from stream
beds abutting their property of log and debris jams accumulated from upstream ownerships. Any owner of logs in such
jams in claiming or removing them shall be required to
remove all unmerchantable material from the stream bed in
accordance with the forest practices regulations. Any material removed from stream beds must also be removed in compliance with all applicable laws administered by other agencies. [1974 ex.s. c 137 § 28.]
76.09.285
76.09.285 Water quality standards affected by forest
practices. See RCW 90.48.420.
76.09.290
76.09.290 Inspection of lands—Reforestation. The
department shall inspect, or cause to be inspected, deforested
lands of the state and ascertain if the lands are valuable
chiefly for agriculture, timber growing, or other purposes,
with a view to reforestation. [1986 c 100 § 49.]
76.09.300
76.09.300 Mass earth movements and fluvial processes—Program to correct hazardous conditions on sites
associated with roads and railroad grades—Hazardreduction plans. (1) Mass earth movements and fluvial processes can endanger public resources and public safety. In
some cases, action can be taken which has a probability of
reducing the danger to public resources and public safety. In
other cases it may be best to take no action. In order to determine where and what, if any, actions should be taken on for(2004 Ed.)
Forest Practices
est lands, the department shall develop a program to correct
hazardous conditions on identified sites associated with roads
and railroad grades constructed on private and public forest
lands prior to January 1, 1987. The first priority treatment
shall be accorded to those roads and railroad grades constructed before the effective date of the forest practices act of
1974.
(2) This program shall be designed to accomplish the
purposes and policies set forth in RCW 76.09.010. For each
geographic area studied, the department shall produce a hazard-reduction plan which shall consist of the following elements:
(a) Identification of sites where the department determines that earth movements or fluvial processes pose a significant danger to public resources or public safety: PROVIDED, That no liability shall attach to the state of Washington or the department for failure to identify such sites;
(b) Recommendations for the implementation of any
appropriate hazard-reduction measures on the identified sites,
which minimize interference with natural processes and disturbance to the environment;
(c) Analysis of the costs and benefits of each of the hazard-reduction alternatives, including a no-action alternative.
(3) In developing these plans, it is intended that the
department utilize appropriate scientific expertise including a
geomorphologist, a forest hydrologist, and a forest engineer.
(4) In developing these plans, the department shall consult with affected tribes, landowners, governmental agencies,
and interested parties.
(5) Unless requested by a forest landowner under RCW
76.09.320, the department shall study geographic areas for
participation in the program only to the extent that funds have
been appropriated for cost sharing of hazard-reduction measures under RCW 76.09.320. [1987 c 95 § 2.]
76.09.305
76.09.305 Advisory committee to review hazardreduction plans authorized—Compensation, travel
expenses. The forest practices board may, upon request of
the department or at its own discretion, appoint an advisory
committee consisting of not more than five members qualified by appropriate experience and training to review and
comment upon such draft hazard reduction plans prepared by
the department as the department submits for review.
If an advisory committee is established, and within
ninety days following distribution of a draft plan, the advisory committee shall prepare a written report on each hazard
reduction plan submitted to it. The report, which shall be kept
on file by the department, shall address each of those elements described in RCW 76.09.300(2).
Final authority for each plan is vested in the department,
and advisory committee comments and decisions shall be
advisory only. The exercise by advisory committee members
of their authority to review and comment shall not imply or
create any liability on their part. Advisory committee members shall be compensated as provided for in RCW 43.03.250
and shall receive reimbursement for travel expenses as provided by RCW 43.03.050 and 43.03.060. [1987 c 95 § 3.]
76.09.310
76.09.310 Hazard-reduction program—Notice to
landowners within areas selected for review—Proposed
(2004 Ed.)
76.09.315
plans—Objections to plan, procedure—Final plans—
Appeal. (1) The department shall send a notice to all forest
landowners, both public and private, within the geographic
area selected for review, stating that the department intends
to study the area as part of the hazard-reduction program.
(2) The department shall prepare a proposed plan for
each geographic area studied. The department shall provide
the proposed plan to affected landowners, Indian tribes, interested parties, and to the advisory committee, if established
pursuant to RCW 76.09.305.
(3) Any aggrieved landowners, agencies, tribes, and
other persons who object to any or all of the proposed hazardreduction plan may, within thirty days of issuance of the plan,
request the department in writing to schedule a conference. If
so requested, the department shall schedule a conference on a
date not more than thirty days after receiving such request.
(4) Within ten days after such a conference, the department shall either amend the proposed plan or respond in writing indicating why the objections were not incorporated into
the plan.
(5) Within one hundred twenty days following the issuance of the proposed plan as provided in subsection (2) of this
section, the department shall distribute a final hazard-reduction plan designating those sites for which hazard-reduction
measures are recommended and those sites where no action is
recommended. For each hazard-reduction measure recommended, a description of the work and cost estimate shall be
provided.
(6) Any aggrieved landowners, agencies, tribes, and
other persons are entitled to appeal the final hazard-reduction
plan to the forest practices appeals board if, within thirty days
of the issuance of the final plan, the party transmits a notice
of appeal to the forest practices appeals board and to the
department.
(7) A landowner's failure to object to the recommendations or to appeal the final hazard-reduction plan shall not be
deemed an admission that the hazard-reduction recommendations are appropriate.
(8) The department shall provide a copy of the final hazard-reduction plan to the department of ecology and to each
affected county. [1987 c 95 § 4.]
76.09.315 Implementation of hazard-reduction measures—Election—Notice and application for cost-sharing
funds—Inspection—Letter of compliance—Limitations
on liability. (1) When a forest landowner elects to implement the recommended hazard-reduction measures, the landowner shall notify the department and apply for cost-sharing
funds. Upon completion, the department shall inspect the
remedial measures undertaken by the forest landowner. If, in
the department's opinion, the remedial measures have been
properly implemented, the department shall promptly transmit a letter to the landowner stating that the landowner has
complied with the hazard-reduction measures.
(2) Forest landowners, public and private, of hazardreduction sites reviewed by the department and who have
complied with the department's recommendations for sites
which require action shall not be liable for any personal injuries or property damage, occurring on or off the property
reviewed, arising from mass earth movements or fluvial processes associated with the hazard-reduction site reviewed.
76.09.315
[Title 76 RCW—page 31]
76.09.320
Title 76 RCW: Forests and Forest Products
The limitation on liability contained in this subsection shall
also cover personal injuries or property damage arising from
mass earth movements or fluvial processes which are associated with those areas disturbed by activities required to
acquire site access and to execute the plan when such activities are approved as part of a hazard-reduction plan. Notwithstanding the foregoing provisions of this subsection, a landowner may be liable when the landowner had actual knowledge of a dangerous artificial latent condition on the property
that was not disclosed to the department.
(3) The exercise by the department of its authority,
duties, and responsibilities provided for developing and
implementing the hazard-reduction program and plans shall
not imply or create any liability in the state of Washington or
the department except that the department may be liable if the
department is negligent in making a final hazard-reduction
plan or in approving the implementation of specific hazardreduction measures. [1987 c 95 § 5.]
76.09.320
76.09.320 Implementation of hazard-reduction program—Cost sharing by department—Limitations. (1)
Subject to the availability of appropriated funds, the department shall pay fifty percent of the cost of implementing the
hazard-reduction program, except as provided in subsection
(2) of this section.
(2) In the event department funds described in subsection
(1) of this section are not available for all or a portion of a forest landowner's property, the landowner may request application of the hazard-reduction program to the owner's lands,
provided the landowner funds one hundred percent of the
cost of implementation of the department's recommended
actions on his property.
(3) No cost-sharing funds may be made available for
sites where the department determines that the hazardous
condition results from a violation of then-prevailing standards as established by statute or rule. [1987 c 95 § 6.]
76.09.330
76.09.330 Legislative findings—Liability from naturally falling trees required to be left standing. The legislature hereby finds and declares that riparian ecosystems on
forest lands in addition to containing valuable timber
resources, provide benefits for wildlife, fish, and water quality. The legislature further finds and declares that leaving
riparian areas unharvested and leaving snags and green trees
for large woody debris recruitment for streams and rivers provides public benefits including but not limited to benefits for
threatened and endangered salmonids, other fish, amphibians, wildlife, and water quality enhancement. The legislature
further finds and declares that leaving upland areas unharvested for wildlife and leaving snags and green trees for
future snag recruitment provides benefits for wildlife. Forest
landowners may be required to leave trees standing in riparian and upland areas to benefit public resources. It is recognized that these trees may blow down or fall into streams and
that organic debris may be allowed to remain in streams. This
is beneficial to riparian dependent and other wildlife species.
Further, it is recognized that trees may blow down, fall onto,
or otherwise cause damage or injury to public improvements,
private property, and persons. Notwithstanding any statutory
provision, rule, or common law doctrine to the contrary, the
[Title 76 RCW—page 32]
landowner, the department, and the state of Washington shall
not be held liable for any injury or damages resulting from
these actions, including but not limited to wildfire, erosion,
flooding, personal injury, property damage, damage to public
improvements, and other injury or damages of any kind or
character resulting from the trees being left. [1999 sp.s. c 4 §
602; 1992 c 52 § 5; 1987 c 95 § 7.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.340
76.09.340 Certain forest practices exempt from rules
and policies under this chapter. Forest practices consistent
with a habitat conservation plan approved prior to March 25,
1996, by the secretary of the interior or commerce under 16
U.S.C. Sec. 1531 et seq., and the endangered species act of
1973 as amended, are exempt from rules and policies under
this chapter, provided the proposed forest practices indicated
in the application are in compliance with the plan, and provided this exemption applies only to rules and policies
adopted primarily for the protection of one or more species,
including unlisted species, covered by the plan. Such forest
practices are deemed not to have the potential for a substantial impact on the environment but may be found to have the
potential for a substantial impact on the environment due to
other reasons under RCW 76.09.050.
Nothing in this section is intended to limit the board's
rule-making authority under this chapter. [1996 c 136 § 1.]
Effective date—1996 c 136: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 25, 1996]." [1996 c 136 § 2.]
76.09.350
76.09.350 Long-term multispecies landscape management plans—Pilot projects, selection—Plan approval,
elements—Notice of agreement recorded—Memorandums of agreements—Report, evaluation. The legislature
recognizes the importance of providing the greatest diversity
of habitats, particularly riparian, wetland, and old growth
habitats, and of assuring the greatest diversity of species
within those habitats for the survival and reproduction of
enough individuals to maintain the native wildlife of Washington forest lands. The legislature also recognizes the
importance of long-term habitat productivity for natural and
wild fish, for the protection of hatchery water supplies, and
for the protection of water quality and quantity to meet the
needs of people, fish, and wildlife. The legislature recognizes the importance of maintaining and enhancing fish and
wildlife habitats capable of sustaining the commercial and
noncommercial uses of fish and wildlife. The legislature further recognizes the importance of the continued growth and
development of the state's forest products industry which has
a vital stake in the long-term productivity of both the public
and private forest land base.
The development of a landscape planning system would
help achieve these goals. Landowners and resource managers should be provided incentives to voluntarily develop
long-term multispecies landscape management plans that
will provide protection to public resources. Because landscape planning represents a departure from the use of standard baseline rules and may result in unintended consequences to both the affected habitats and to a landowner's
(2004 Ed.)
Forest Practices
economic interests, the legislature desires to establish up to
seven experimental pilot programs to gain experience with
landscape planning that may prove useful in fashioning legislation of a more general application.
(1) Until December 31, 2000, the department in cooperation with the department of fish and wildlife, and the department of ecology when relating to water quality protection, is
granted authority to select not more than seven pilot projects
for the purpose of developing individual landowner multispecies landscape management plans.
(a) Pilot project participants must be selected by the
department in cooperation with the department of fish and
wildlife, and the department of ecology when relating to
water quality protection, no later than October 1, 1997.
(b) The number and the location of the pilot projects are
to be determined by the department in cooperation with the
department of fish and wildlife, and the department of ecology when relating to water quality protection, and should be
selected on the basis of risk to the habitat and species, variety
and importance of species and habitats in the planning area,
geographic distribution, surrounding ownership, other ongoing landscape and watershed planning activities in the area,
potential benefits to water quantity and quality, financial and
staffing capabilities of participants, and other factors that will
contribute to the creation of landowner multispecies landscape planning efforts.
(c) Each pilot project shall have a landscape management plan with the following elements:
(i) An identification of public resources selected for coverage under the plan and measurable objectives for the protection of the selected public resources;
(ii) A termination date of not later than 2050;
(iii) A general description of the planning area including
its geographic location, physical and biological features, habitats, and species known to be present;
(iv) An identification of the existing forest practices
rules that will not apply during the term of the plan;
(v) Proposed habitat management strategies or prescriptions;
(vi) A projection of the habitat conditions likely to result
from the implementation of the specified management strategies or prescriptions;
(vii) An assessment of habitat requirements and the current habitat conditions of representative species included in
the plan;
(viii) An assessment of potential or likely impacts to representative species resulting from the prescribed forest practices;
(ix) A description of the anticipated benefits to those
species or other species as a result of plan implementation;
(x) A monitoring plan;
(xi) Reporting requirements including a schedule for
review of the plan's performance in meeting its objectives;
(xii) Conditions under which a plan may be modified,
including a procedure for adaptive management;
(xiii) Conditions under which a plan may be terminated;
(xiv) A procedure for adaptive management that evaluates the effectiveness of the plan to meet its measurable public resources objectives, reflects changes in the best available
science, and provides changes to its habitat management
strategies, prescriptions, and hydraulic project standards to
(2004 Ed.)
76.09.350
the extent agreed to in the plan and in a timely manner and
schedule;
(xv) A description of how the plan relates to publicly
available plans of adjacent federal, state, tribal, and private
timberland owners; and
(xvi) A statement of whether the landowner intends to
apply for approval of the plan under applicable federal law.
(2) Until December 31, 2000, the department, in agreement with the department of fish and wildlife, and the department of ecology when the landowner elects to cover water
quality in the plan, shall approve a landscape management
plan and enter into a binding implementation agreement with
the landowner when such departments find, based upon the
best scientific data available, that:
(a) The plan contains all of the elements required under
this section including measurable public resource objectives;
(b) The plan is expected to be effective in meeting those
objectives;
(c) The landowner has sufficient financial resources to
implement the management strategies or prescriptions to be
implemented by the landowner under the plan;
(d) The plan will:
(i) Provide better protection than current state law for the
public resources selected for coverage under the plan considered in the aggregate; and
(ii) Compared to conditions that could result from compliance with current state law:
(A) Not result in poorer habitat conditions over the life
of the plan for any species selected for coverage that is listed
as threatened or endangered under federal or state law, or that
has been identified as a candidate for such listing, at the time
the plan is approved; and
(B) Measurably improve habitat conditions for species
selected for special consideration under the plan;
(e) The plan shall include watershed analysis or provide
for a level of protection that meets or exceeds the protection
that would be provided by watershed analysis, if the landowner selects fish or water quality as a public resource to be
covered under the plan. Any alternative process to watershed
analysis would be subject to timely peer review;
(f) The planning process provides for a public participation process during the development of the plan, which shall
be developed by the department in cooperation with the landowner.
The management plans must be submitted to the department and the department of fish and wildlife, and the department of ecology when the landowner elects to cover water
quality in the plan, no later than March 1, 2000. The department shall provide an opportunity for public comment on the
proposed plan. The comment period shall not be less than
forty-five days. The department shall approve or reject plans
within one hundred twenty days of submittal by the landowner of a final plan. The decision by the department, in
agreement with the department of fish and wildlife, and the
department of ecology when the landowner has elected to
cover water quality in the plan, to approve or disapprove the
management plan is subject to the environmental review process of chapter 43.21C RCW, provided that any public comment period provided for under chapter 43.21C RCW shall
run concurrently with the public comment period provided in
this subsection (2).
[Title 76 RCW—page 33]
76.09.360
Title 76 RCW: Forests and Forest Products
(3) After a landscape management plan is adopted:
(a) Forest practices consistent with the plan need not
comply with:
(i) The specific forest practices rules identified in the
plan; and
(ii) Any forest practice rules and policies adopted after
the approval of the plan to the extent that the rules:
(A) Have been adopted primarily for the protection of a
public resource selected for coverage under the plan; or
(B) Provide for procedural or administrative obligations
inconsistent with or in addition to those provided for in the
plan with respect to those public resources; and
(b) If the landowner has selected fish as one of the public
resources to be covered under the plan, the plan shall serve as
the hydraulic project approval for the life of the plan, in compliance with RCW 77.55.100.
(4) The department is authorized to issue a single landscape level permit valid for the life of the plan to a landowner
who has an approved landscape management plan and who
has requested a landscape permit from the department. Landowners receiving a landscape level permit shall meet annually with the department and the department of fish and wildlife, and the department of ecology where water quality has
been selected as a public resource to be covered under the
plan, to review the specific forest practices activities planned
for the next twelve months and to determine whether such
activities are in compliance with the plan. The departments
will consult with the affected Indian tribes and other interested parties who have expressed an interest in connection
with the review. The landowner is to provide ten calendar
days' notice to the department prior to the commencement of
any forest practices authorized under a landscape level permit. The landscape level permit will not impose additional
conditions relating to the public resources selected for coverage under the plan beyond those agreed to in the plan. For the
purposes of chapter 43.21C RCW, forest practices conducted
in compliance with an approved plan are deemed not to have
the potential for a substantial impact on the environment as to
any public resource selected for coverage under the plan.
(5) Except as otherwise provided in a plan, the agreement implementing the landscape management plan is an
agreement that runs with the property covered by the
approved landscape management plan and the department
shall record notice of the plan in the real property records of
the counties in which the affected properties are located.
Prior to its termination, no plan shall permit forest land covered by its terms to be withdrawn from such coverage,
whether by sale, exchange, or other means, nor to be converted to nonforestry uses except to the extent that such withdrawal or conversion would not measurably impair the
achievement of the plan's stated public resource objectives.
If a participant transfers all or part of its interest in the property, the terms of the plan still apply to the new landowner for
the plan's stated duration unless the plan is terminated under
its terms or unless the plan specifies the conditions under
which the terms of the plan do not apply to the new landowner.
(6) The departments of natural resources, fish and wildlife, and ecology shall seek to develop memorandums of
agreements with federal agencies and affected Indian tribes
relating to tribal issues in the landscape management plans.
[Title 76 RCW—page 34]
The departments shall solicit input from affected Indian
tribes in connection with the selection, review, and approval
of any landscape management plan. If any recommendation
is received from an affected Indian tribe and is not adopted by
the departments, the departments shall provide a written
explanation of their reasons for not adopting the recommendation.
(7) The department is directed to report to the forest
practices board annually through the year 2000, but no later
than December 31st of each year, on the status of each pilot
project. The department is directed to provide to the forest
practices board, no later than December 31, 2000, an evaluation of the pilot projects including a determination if a permanent landscape planning process should be established along
with a discussion of what legislative and rule modifications
are necessary. [2003 c 39 § 34; 1997 c 290 § 1.]
76.09.360
76.09.360 Single multiyear permit. The department
together with the department of fish and wildlife, and the
department of ecology relating to water quality protection,
shall develop a suitable process to permit landowners to
secure all permits required for the conduct of forest practices
in a single multiyear permit to be jointly issued by the departments and the departments shall report their findings to the
legislature not later than December 31, 2000. [1997 c 290 §
2.]
76.09.368
76.09.368 Intent—Small forest landowners—Alternate plan processes/alternate harvest restrictions—
Report to the legislature. The legislature intends that small
forest landowners have access to alternate plan processes or
alternate harvest restrictions, or both if necessary, that meet
the public resource protection standard set forth in RCW
76.09.370(3), but which also lowers the overall cost of regulation to small forest landowners including, but not limited
to, timber value forgone, layout costs, and operating costs.
The forest practices board shall consult with the small forest
landowner office advisory committee in developing these
alternate approaches. By July 1, 2003, the forest practices
board shall provide the legislature with a written report that
describes the board's progress in developing alternate plan
processes or alternate harvest restrictions, or both if necessary, that meet legislative intent.
As used in this section, "small forest landowner" has the
same meaning as defined in RCW 76.13.120(2). [2002 c 120
§ 4.]
76.09.370
76.09.370 Findings—Forests and fish report—Adoption of rules. (1) The legislature finds that the process that
produced the forests and fish report was instigated by the forest practices board, the report is the product of considerable
negotiations between several diverse interest groups, and the
report has the support of key federal agencies. When adopting permanent rules under this section, the forest practices
board is strongly encouraged to follow the recommendations
of the forests and fish report, but may include other alternatives for protection of aquatic resources. If the forest practices board chooses to adopt rules under this section that are
not consistent with the recommendations contained in the
forests and fish report, the board must notify the appropriate
(2004 Ed.)
Forest Practices
legislative committees of the proposed deviations, the reasons for the proposed deviations, and whether the parties to
the forests and fish report still support the agreement. The
board shall defer final adoption of such rules for sixty days of
the legislative session to allow for the opportunity for additional public involvement and legislative oversight.
(2) The forest practices board shall follow the regular
rules adoption process contained in the administrative procedure act, chapter 34.05 RCW, when adopting permanent rules
pertaining to forest practices and the protection of aquatic
resources except as limited by subsection (1) of this section.
The permanent rules must accomplish the policies stated in
RCW 76.09.010 without jeopardizing the economic viability
of the forest products industry.
(3) The rules adopted under this section should be as specific as reasonably possible while also allowing an applicant
to propose alternate plans in response to site-specific physical
features. Alternate plans should provide protection to public
resources at least equal in overall effectiveness by alternate
means.
(4) Rule making under subsection (2) of this section shall
be completed by June 30, 2001.
(5) The board should consider coordinating any environmental review process under chapter 43.21C RCW relating to
the adoption of rules under subsection (2) of this section with
any review of a related proposal under the national environmental policy act (42 U.S.C. Sec. 4321, et seq.).
(6) After the board has adopted permanent rules under
subsection (2) of this section, changes to those rules and any
new rules covering aquatic resources may be adopted by the
board but only if the changes or new rules are consistent with
recommendations resulting from the scientifically based
adaptive management process established by a rule of the
board. Any new rules or changes under this subsection need
not be based upon the recommendations of the adaptive management process if: (a) The board is required to adopt or
modify rules by the final order of any court having jurisdiction thereof; or (b) future state legislation directs the board to
adopt or modify the rules.
(7) In adopting permanent rules, the board shall incorporate the scientific-based adaptive management process
described in the forests and fish report which will be used to
determine the effectiveness of the new forest practices rules
in aiding the state's salmon recovery effort. The purpose of an
adaptive management process is to make adjustments as
quickly as possible to forest practices that are not achieving
the resource objectives. The adaptive management process
shall incorporate the best available science and information,
include protocols and standards, regular monitoring, a scientific and peer review process, and provide recommendations
to the board on proposed changes to forest practices rules to
meet timber industry viability and salmon recovery. [1999
sp.s. c 4 § 204.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.380
76.09.380 Report to the legislature—Emergency
rules—Permanent rules. Prior to the adoption of permanent
rules as required by chapter 4, Laws of 1999 sp. sess. and no
later than January 1, 2000, the board shall report to the appropriate legislative committees regarding the substance of
(2004 Ed.)
76.09.400
emergency rules that have been adopted under chapter 4,
Laws of 1999 sp. sess. In addition, the report shall include
information on changes made to the forests and fish report
after April 29, 1999, and an update on the status of the adoption of permanent rules, including the anticipated substance
of the rules and the anticipated date of final adoption. The
board shall additionally provide a report to the appropriate
legislative committees by January 1, 2001.
On January 1, 2006, the board shall provide a summary
to the appropriate legislative committees regarding modifications made to the forests and fish report made after January 1,
2000, and to the permanent rules according to the adaptive
management process as set forth in the forests and fish report.
[1999 sp.s. c 4 § 205.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.390
76.09.390 Sale of land or timber rights with continuing obligations—Notice—Failure to notify—Exemption.
(1) Except as provided in subsection (2) of this section, prior
to the sale or transfer of land or perpetual timber rights subject to continuing forest land obligations under the forest
practices rules adopted under RCW 76.09.370, as specifically
identified in the forests and fish report the seller shall notify
the buyer of the existence and nature of such a continuing
obligation and the buyer shall sign a notice of continuing forest land obligation indicating the buyer's knowledge thereof.
The notice shall be on a form prepared by the department and
shall be sent to the department by the seller at the time of sale
or transfer of the land or perpetual timber rights and retained
by the department. If the seller fails to notify the buyer about
the continuing forest land obligation, the seller shall pay the
buyer's costs related to such continuing forest land obligation, including all legal costs and reasonable attorneys' fees,
incurred by the buyer in enforcing the continuing forest land
obligation against the seller. Failure by the seller to send the
required notice to the department at the time of sale shall be
prima facie evidence, in an action by the buyer against the
seller for costs related to the continuing forest land obligation, that the seller did not notify the buyer of the continuing
forest land obligation prior to sale.
(2) Subsection (1) of this section does not apply to
checklist road maintenance and abandonment plans created
by RCW 76.09.420. [2003 c 311 § 6; 1999 sp.s. c 4 § 707.]
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.400
76.09.400 Forests and fish account—Created. The
forests and fish account is created in the state treasury.
Receipts from appropriations, federal grants, and gifts from
private organizations and individuals or other sources may be
deposited into the account. Moneys in the account may be
spent only after appropriation. Expenditures from the account
may only be used for the establishment and operation of the
small forest landowner office under RCW 76.13.110, the purchase of easements under RCW 76.13.120, the purchase of
lands under RCW 76.09.040, or other activities necessary to
implement chapter 4, Laws of 1999 sp. sess. [1999 sp.s. c 4
§ 1402.]
[Title 76 RCW—page 35]
76.09.410
Title 76 RCW: Forests and Forest Products
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.410
76.09.410 Road maintenance and abandonment
plans—Fish passage barriers. (1) The state may not require
a small forest landowner to invest in upgrades, replacements,
or other engineering of a forest road, and any fish passage
barriers that are a part of the road, that do not threaten public
resources or create a barrier to the passage of fish.
(2) Participation in the forests and fish agreement provides a benefit to both the landowner in terms of federal
assurances, and the public in terms of aquatic habitat preservation and water quality enhancement; therefore, if conditions do threaten public resources or create a fish passage barrier, the road maintenance and abandonment planning process may not require a small forest landowner to take a
positive action that will result in high cost without a significant portion of that cost being shared by the public.
(3) Some fish passage barriers are more of a threat to
public resources than others; therefore, no small forest landowner should be required to repair a fish passage barrier until
higher priority fish passage barriers on other lands in the
watershed have been repaired.
(4) If an existing fish passage barrier on land owned by a
small forest landowner was installed under an approved forest practices application or notification, and hydraulics
approval, and that fish passage barrier becomes a high priority for fish passage based on the watershed ranking in *RCW
76.13.150, one hundred percent public funding shall be provided.
(5) The preparation of a road maintenance and abandonment plan can require technical expertise that may require
large expenditures before the time that the landowner plans to
conduct any revenue-generating operations on his or her
land; therefore, small forest landowners should be allowed to
complete a simplified road maintenance and abandonment
plan checklist, that does not require professional engineering
or forestry expertise to complete, and that does not need to be
submitted until the time that the landowner submits a forest
practices application or notification for final or intermediate
harvesting, or for salvage of trees. Chapter 311, Laws of
2003 is intended to provide an alternate way for small forest
landowners to comply with the road maintenance and abandonment plan goals identified in the forest practices rules.
[2003 c 311 § 2.]
*Reviser's note: The reference to RCW 76.13.150 appears to be erroneous. Reference to RCW 77.12.755 was apparently intended.
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
76.09.420
76.09.420 Road maintenance and abandonment
plans—Rules—Checklist—Report to the legislature—
Emergency rules. (1) The board must amend the forest
practices rules relating to road maintenance and abandonment plans that exist on May 14, 2003, to reflect the following:
(a) A forest landowner who owns a total of eighty acres
or less of forest land in Washington is not required to submit
a road maintenance and abandonment plan for any block of
forest land that is twenty contiguous acres or less in area;
[Title 76 RCW—page 36]
(b) A landowner who satisfies the definition of a small
forest landowner, but who does not qualify under (a) of this
subsection, is only required to submit a checklist road maintenance and abandonment plan with the abbreviated content
requirements provided for in subsection (3) of this section,
and is not required to comply with annual reporting and
review requirements; and
(c) Existing forest roads must be maintained only to the
extent necessary to prevent damage to public resources.
(2) The department must provide a landowner who is
either exempted from submitting a road maintenance and
abandonment plan under subsection (1)(a) of this section, or
who qualifies for a checklist road maintenance and abandonment plan under subsection (1)(b) of this section, with an
educational brochure outlining road maintenance standards
and requirements. In addition, the department must develop
a series of nonmandatory educational workshops on the rules
associated with road construction and maintenance.
(3)(a) A landowner who qualifies for a checklist road
maintenance and abandonment plan under subsection (1)(b)
of this section is only required to submit a checklist, designed
by the department in consultation with the small forest landowner office advisory committee created in RCW 76.13.110,
that confirms that the landowner is applying the checklist criteria to forest roads covered or affected by a forest practices
application or notification. When developing the checklist
road maintenance and abandonment plan, the department
shall ensure that the checklist does not exceed current state
law. Nothing in this subsection increases or adds to small
forest landowners' duties or responsibilities under any other
section of the forest practices rules or any other state law or
rule.
(b) A landowner who qualifies for the checklist road
maintenance and abandonment plan is not required to submit
the checklist before the time that he or she submits a forest
practices application or notification for final or intermediate
harvesting, or for salvage of trees. The department may
encourage and accept checklists prior to the time that they are
due.
(4) The department must monitor the extent of the checklist road maintenance and abandonment plan approach and
report its findings to the appropriate committees of the legislature by December 31, 2008, and December 31, 2013.
(5) The board shall adopt emergency rules under RCW
34.05.090 by October 31, 2003, to implement this section.
The emergency rules shall remain in effect until permanent
rules can be adopted. The forest practices rules that relate to
road maintenance and abandonment plans shall remain in
effect as they existed on May 14, 2003, until emergency rules
have been adopted under this section.
(6) This section is only intended to relate to the board's
duties as they relate to the road maintenance and abandonment plan element of the forests and fish report. Nothing in
this section alters any forest landowner's duties and responsibilities under any other section of the forest practices rules, or
any other state law or rule. [2003 c 311 § 4.]
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
(2004 Ed.)
Forest Practices
76.09.430 Application to RCW 76.13.150. RCW
76.13.150 applies to road maintenance and abandonment
plans under this chapter. [2003 c 311 § 8.]
76.09.430
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
76.09.925
with the Shoreline Management Act of 1971 except as limited by RCW 76.09.240 as now or hereafter amended, or the
hydraulics act (RCW 77.55.100), other state statutes in effect
on January 1, 1975, and any local ordinances not inconsistent
with RCW 76.09.240 as now or hereafter amended. [2003 c
39 § 35; 1975 1st ex.s. c 200 § 12; 1974 ex.s. c 137 § 32.]
76.09.440
76.09.440 Small forest landowner—Fish passage
barriers. The department shall not disapprove a forest practices application filed by a small forest landowner on the
basis that fish passage barriers have not been removed or
replaced if the small forest landowner filing the application
has committed to participate in the program established in
RCW 76.13.150 for all fish passage barriers existing on the
block of forest land covered by the forest practices application, and the fish passage barriers existing on the block of forest land covered by the forest practices application are lower
on the funding order list established for the program than the
current projects that are capable of being funded by the program. [2003 c 311 § 9.]
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
76.09.450
76.09.450 Small forest landowner—Defined. For the
purposes of this chapter and RCW 76.13.150 and 77.12.755,
"small forest landowner" means an owner of forest land who,
at the time of submission of required documentation to the
department, has harvested from his or her own lands in this
state no more than an average timber volume of two million
board feet per year during the three years prior to submitting
documentation to the department and who certifies that he or
she does not expect to harvest from his or her own lands in
the state more than an average timber volume of two million
board feet per year during the ten years following the submission of documentation to the department. However, any
landowner who exceeded the two million board feet annual
average timber harvest threshold from their land in the three
years prior to submitting documentation to the department, or
who expects to exceed the threshold during any of the following ten years, shall still be deemed a "small forest landowner"
if he or she establishes to the department's reasonable satisfaction that the harvest limits were, or will be, exceeded in
order to raise funds to pay estate taxes or for an equally compelling and unexpected obligation, such as for a courtordered judgment or for extraordinary medical expenses.
[2003 c 311 § 11.]
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
76.09.900
76.09.900 Short title. Sections 1 through 28 of this
1974 act shall be known and may be cited as the "Forest Practices Act of 1974". [1974 ex.s. c 137 § 29.]
76.09.915
76.09.915 Repeal and savings. (1) The following acts
or parts of acts are each repealed:
(a) Section 2, chapter 193, Laws of 1945, section 1,
chapter 218, Laws of 1947, section 1, chapter 44, Laws of
1953, section 1, chapter 79, Laws of 1957, section 10, chapter
207, Laws of 1971 ex. sess. and RCW 76.08.010;
(b) Section 1, chapter 193, Laws of 1945 and RCW
76.08.020;
(c) Section 3, chapter 193, Laws of 1945, section 2,
chapter 218, Laws of 1947, section 1, chapter 115, Laws of
1955 and RCW 76.08.030;
(d) Section 4, chapter 193, Laws of 1945, section 3,
chapter 218, Laws of 1947, section 2, chapter 79, Laws of
1957 and RCW 76.08.040;
(e) Section 5, chapter 193, Laws of 1945, section 4,
chapter 218, Laws of 1947, section 3, chapter 79, Laws of
1957, section 11, chapter 207, Laws of 1971 ex. sess. and
RCW 76.08.050;
(f) Section 6, chapter 193, Laws of 1945, section 5, chapter 218, Laws of 1947, section 2, chapter 44, Laws of 1953,
section 12, chapter 207, Laws of 1971 ex. sess. and RCW
76.08.060;
(g) Section 7, chapter 193, Laws of 1945 and RCW
76.08.070;
(h) Section 8, chapter 193, Laws of 1945, section 6,
chapter 218, Laws of 1947, section 3, chapter 44, Laws of
1953, section 2, chapter 115, Laws of 1955, section 1, chapter
40, Laws of 1961 and RCW 76.08.080; and
(i) Section 9, chapter 193, Laws of 1945, section 4, chapter 44, Laws of 1953 and RCW 76.08.090.
(2) Notwithstanding the foregoing repealer, obligations
under such sections or permits issued thereunder and in effect
on the effective date of this section shall continue in full force
and effect, and no liability thereunder, civil or criminal, shall
be in any way modified. [1974 ex.s. c 137 § 34.]
76.09.920
76.09.920 Application for extension of prior permits.
Permits issued by the department under the provisions of
RCW 76.08.030 during 1974 shall be effective until April 1,
1975 if an application has been submitted under the provisions of RCW 76.09.050 prior to January 1, 1975. [1974
ex.s. c 137 § 35.]
76.09.925
76.09.905
76.09.905 Air pollution laws not modified. Nothing in
RCW 76.09.010 through 76.09.280 or 90.48.420 shall modify chapter 70.94 RCW or any other provision of law relating
to the control of air pollution. [1974 ex.s. c 137 § 31.]
76.09.910 Shoreline management act, hydraulics act,
other statutes and ordinances not modified—Exceptions.
Nothing in RCW 76.09.010 through 76.09.280 as now or
hereafter amended shall modify any requirements to comply
76.09.910
(2004 Ed.)
76.09.925 Effective dates—1974 ex.s. c 137. RCW
76.09.030, 76.09.040, 76.09.050, 76.09.060, 76.09.200,
90.48.420, and 76.09.935 are necessary for the immediate
preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately. RCW 76.09.010,
76.09.020, 76.09.070, 76.09.080, 76.09.090, 76.09.100,
76.09.110, 76.09.120, 76.09.130, 76.09.140, 76.09.150,
76.09.160, 76.09.170, 76.09.180, 76.09.190, 76.09.210,
76.09.220, 76.09.230, 76.09.240, 76.09.250, 76.09.260,
[Title 76 RCW—page 37]
76.09.935
Title 76 RCW: Forests and Forest Products
76.09.270, 76.09.280, 76.09.900, 76.09.905, 76.09.910,
76.09.930, 76.09.915, and 76.09.920 shall take effect January
1, 1975. [1974 ex.s. c 137 § 37.]
76.09.935 Severability—1974 ex.s. c 137. If any provision of this 1974 act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provisions to other persons or circumstances shall not be affected. [1974 ex.s. c 137 § 36.]
76.09.935
Chapter 76.10
Chapter 76.10 RCW
SURFACE MINING
Reviser's note: Chapter 64, Laws of 1970 ex. sess. has been codified as
chapter 78.44 RCW, "Mines, minerals, and petroleum" although section 1 of
the act states "Sections 2 through 25 of this act shall constitute a new chapter
in Title 76 RCW." As the act pertains solely to surface mining, the change
in placement has been made to preserve the subject matter arrangement of
the code.
Chapter 76.13
Chapter 76.13 RCW
STEWARDSHIP OF NONINDUSTRIAL
FORESTS AND WOODLANDS
Sections
76.13.005
76.13.007
76.13.010
76.13.020
76.13.030
76.13.100
76.13.110
76.13.120
76.13.130
76.13.140
76.13.150
76.13.160
Finding.
Purpose.
Definitions.
Authority.
Funding sources—Fees—Contracts.
Findings.
Small forest landowner office—Establishment—Duties—
Advisory committee—Report to the legislature.
Findings—Definitions—Forestry riparian easement program.
Small parcels—Alternative management plans.
Small forest landowners—Value of buffer trees.
Fish passage barriers—Cost-sharing program.
Qualifying small forest landowner—Review of certain
records.
76.13.005 Finding. The legislature hereby finds and
declares that:
(1) Over half of the private forest and woodland acreage
in Washington is owned by landowners with less than five
thousand acres who are not in the business of industrial handling or processing of timber products.
(2) Nonindustrial forests and woodlands are absorbing
more demands and impacts on timber, fish, wildlife, water,
recreation, and aesthetic resources, due to population growth
and a shrinking commercial forest land base.
(3) Nonindustrial forests and woodlands provide valuable habitat for many of the state's numerous fish, wildlife,
and plant species, including some threatened and endangered
species, and many habitats can be protected and improved
through knowledgeable forest resource stewardship.
(4) Providing for long-term stewardship of nonindustrial
forests and woodlands in growth areas and rural areas is an
important factor in maintaining Washington's special character and quality of life.
(5) In order to encourage and maintain nonindustrial forests and woodlands for their present and future benefit to all
citizens, Washington's nonindustrial forest and woodland
owners' long-term commitments to stewardship of forest
resources must be recognized and supported by the citizens
of Washington state. [1991 c 27 § 1.]
76.13.005
[Title 76 RCW—page 38]
76.13.007
76.13.007 Purpose. The purpose of this chapter is to:
(1) Promote the coordination and delivery of services
with federal, state, and local agencies, colleges and universities, landowner assistance organizations, consultants, forest
resource-related industries and environmental organizations
to nonindustrial forest and woodland owners.
(2) Facilitate the production of forest products, enhancement of wildlife and fisheries, protection of streams and wetlands, culturing of special plants, availability of recreation
opportunities and the maintenance of scenic beauty for the
enjoyment and benefit of nonindustrial forest and woodland
owners and the citizens of Washington by meeting the landowners' stewardship objectives. [1991 c 27 § 2.]
76.13.010
76.13.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply to
RCW 76.13.005, 76.13.007, 76.13.020, and 76.13.030.
(1) "Cooperating organization" means federal, state, and
local agencies, colleges and universities, landowner assistance organizations, consultants, forest resource-related
industries, and environmental organizations which promote
and maintain programs designed to provide information and
technical assistance services to nonindustrial forest and
woodland owners.
(2) "Department" means the department of natural
resources.
(3) "Landowner" means an individual, partnership, private, public or municipal corporation, Indian tribe, state
agency, county, or local government entity, educational institution, or association of individuals of whatever nature that
own nonindustrial forests and woodlands.
(4) "Nonindustrial forests and woodlands" are those suburban acreages and rural lands supporting or capable of supporting trees and other flora and fauna associated with a forest ecosystem, comprised of total individual land ownerships
of less than five thousand acres and not directly associated
with wood processing or handling facilities.
(5) "Stewardship" means managing by caring for, promoting, protecting, renewing, or reestablishing or both, forests and associated resources for the benefit of the landowner,
the natural resources and the citizens of Washington state, in
accordance with each landowner's objectives, best management practices, and legal requirements. [2000 c 11 § 11;
1999 sp.s. c 4 § 502; 1991 c 27 § 3.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.13.020
76.13.020 Authority. In order to accomplish the purposes stated in RCW 76.13.007, the department may:
(1) Establish and maintain a nonindustrial forest and
woodland owner assistance program, and through such a program, assist nonindustrial forest and woodland owners in
meeting their stewardship objectives.
(2) Provide direct technical assistance through development of management plans, advice, and information to nonindustrial forest land owners to meet their stewardship objectives.
(3) Assist and facilitate efforts of cooperating organizations to provide stewardship education, information, technical assistance, and incentives to nonindustrial forest and
woodland owners.
(2004 Ed.)
Stewardship of Nonindustrial Forests and Woodlands
(4) Provide financial assistance to landowners and cooperating organizations.
(5) Appoint a stewardship advisory committee to assist
in establishing and operating this program.
(6) Loan or rent surplus equipment to assist cooperating
organizations and nonindustrial forest and woodland owners.
(7) Work with local governments to explain the importance of maintaining nonindustrial forests and woodlands.
(8) Take such other steps as are necessary to carry out the
purposes of this chapter. [1991 c 27 § 4.]
76.13.030
76.13.030 Funding sources—Fees—Contracts. The
department may:
(1) Receive and disburse any and all moneys contributed, allotted, or paid by the United States under authority of
any act of congress for the purposes of this chapter.
(2) Receive such gifts, grants, bequests, and endowments
and donations of moneys, labor, material, seedlings, and
equipment from public or private sources as may be made for
the purpose of carrying out the provisions of this chapter and
may spend the gifts, grants, bequests, endowments, and donations as well as other moneys from public or private sources
according to their terms.
(3) Charge fees for attendance at workshops and conferences, for various publications and other materials which the
department may prepare.
(4) Enter into contracts with cooperating organizations
having responsibility to carry out programs of similar purposes to this chapter. [1991 c 27 § 5.]
76.13.100
76.13.100 Findings. (1) The legislature finds that
increasing regulatory requirements continue to diminish the
economic viability of small forest landowners. The concerns
set forth in RCW 77.85.180 about the importance of sustaining forestry as a viable land use are particularly applicable to
small landowners because of the location of their holdings,
the expected complexity of the regulatory requirements, and
the need for significant technical expertise not readily available to small landowners. The further reduction in harvestable timber owned by small forest landowners as a result of
the rules to be adopted under RCW 76.09.055 will further
erode small landowners' economic viability and willingness
or ability to keep the lands in forestry use and, therefore,
reduce the amount of habitat available for salmon recovery
and conservation of other aquatic resources, as defined in
RCW 76.09.020.
(2) The legislature finds that the concerns identified in
subsection (1) of this section should be addressed by establishing within the department of natural resources a small forest landowner office that shall be a resource and focal point
for small forest landowner concerns and policies. The legislature further finds that a forestry riparian easement program
shall be established to acquire easements from small landowners along riparian and other areas of value to the state for
protection of aquatic resources. The legislature further finds
that small forest landowners should have the option of alternate management plans or alternate harvest restrictions on
smaller harvest units that may have a relatively low impact on
aquatic resources. The small forest landowner office should
be responsible for assisting small landowners in the develop(2004 Ed.)
76.13.110
ment and implementation of these plans or restrictions.
[2003 c 39 § 36; 1999 sp.s. c 4 § 501.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.13.110
76.13.110 Small forest landowner office—Establishment—Duties—Advisory committee—Report to the legislature. (1) The department of natural resources shall establish and maintain a small forest landowner office. The small
forest landowner office shall be a resource and focal point for
small forest landowner concerns and policies, and shall have
significant expertise regarding the management of small forest holdings, governmental programs applicable to such holdings, and the forestry riparian easement program.
(2) The small forest landowner office shall administer
the provisions of the forestry riparian easement program created under RCW 76.13.120.
(3) The small forest landowner office shall assist in the
development of small landowner options through alternate
management plans or alternate harvest restrictions appropriate to small landowners. The small forest landowner office
shall develop criteria to be adopted by the forest practices
board in rules and a manual for alternate management plans
or alternate harvest restrictions. These alternate plans or alternate harvest restrictions shall meet riparian functions while
requiring less costly regulatory prescriptions. At the landowner's option, alternate plans or alternate harvest restrictions may be used to further meet riparian functions.
The small forest landowner office shall evaluate the
cumulative impact of such alternate management plans or
alternate harvest restrictions on essential riparian functions at
the subbasin or watershed level. The small forest landowner
office shall adjust future alternate management plans or alternate harvest restrictions in a manner that will minimize the
negative impacts on essential riparian functions within a subbasin or watershed.
(4) An advisory committee is established to assist the
small forest landowner office in developing policy and recommending rules to the forest practices board. The advisory
committee shall consist of seven members, including a representative from the department of ecology, the department of
fish and wildlife, and a tribal representative. Four additional
committee members shall be small forest landowners who
shall be appointed by the commissioner of public lands from
a list of candidates submitted by the board of directors of the
Washington farm forestry association or its successor organization. The association shall submit more than one candidate
for each position. The commissioner shall designate two of
the initial small forest landowner appointees to serve fiveyear terms and the other two small forest landowner appointees to serve four-year terms. Thereafter, appointees shall
serve for a term of four years. The small forest landowner
office shall review draft rules or rule concepts with the committee prior to recommending such rules to the forest practices board. The office shall reimburse nongovernmental
committee members for reasonable expenses associated with
attending committee meetings as provided in RCW
43.03.050 and 43.03.060.
(5) By December 1, 2002, the small forest landowner
office shall provide a report to the board and the legislature
containing:
[Title 76 RCW—page 39]
76.13.120
Title 76 RCW: Forests and Forest Products
(a) Estimates of the amounts of nonindustrial forests and
woodlands in holdings of twenty acres or less, twenty-one to
one hundred acres, one hundred to one thousand acres, and
one thousand to five thousand acres, in western Washington
and eastern Washington, and the number of persons having
total nonindustrial forest and woodland holdings in those size
ranges;
(b) Estimates of the number of parcels of nonindustrial
forests and woodlands held in contiguous ownerships of
twenty acres or less, and the percentages of those parcels containing improvements used: (i) As primary residences for
half or more of most years; (ii) as vacation homes or other
temporary residences for less than half of most years; and (iii)
for other uses;
(c) The watershed administrative units in which significant portions of the riparian areas or total land area are nonindustrial forests and woodlands;
(d) Estimates of the number of forest practices applications and notifications filed per year for forest road construction, silvicultural activities to enhance timber growth, timber
harvest not associated with conversion to nonforest land uses,
with estimates of the number of acres of nonindustrial forests
and woodlands on which forest practices are conducted under
those applications and notifications; and
(e) Recommendations on ways the board and the legislature could provide more effective incentives to encourage
continued management of nonindustrial forests and woodlands for forestry uses in ways that better protect salmon,
other fish and wildlife, water quality, and other environmental values.
(6) By December 1, 2004, and every four years thereafter, the small forest landowner office shall provide to the
board and the legislature an update of the report described in
subsection (5) of this section, containing more recent information and describing:
(a) Trends in the items estimated under subsection (5)(a)
through (d) of this section;
(b) Whether, how, and to what extent the forest practices
act and rules contributed to those trends; and
(c) Whether, how, and to what extent: (i) The board and
legislature implemented recommendations made in the previous report; and (ii) implementation of or failure to implement
those recommendations affected those trends. [2002 c 120 §
1; 2001 c 280 § 1; 2000 c 11 § 12; 1999 sp.s. c 4 § 503.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.13.120
76.13.120 Findings—Definitions—Forestry riparian
easement program. (1) The legislature finds that the state
should acquire easements along riparian and other sensitive
aquatic areas from small forest landowners willing to sell or
donate such easements to the state provided that the state will
not be required to acquire such easements if they are subject
to unacceptable liabilities. The legislature therefore establishes a forestry riparian easement program.
(2) The definitions in this subsection apply throughout
this section and RCW 76.13.100 and 76.13.110 unless the
context clearly requires otherwise.
(a) "Forestry riparian easement" means an easement covering qualifying timber granted voluntarily to the state by a
small forest landowner.
[Title 76 RCW—page 40]
(b) "Qualifying timber" means those trees covered by a
forest practices application that the small forest landowner is
required to leave unharvested under the rules adopted under
RCW 76.09.055 and 76.09.370 or that is made uneconomic
to harvest by those rules, and for which the small landowner
is willing to grant the state a forestry riparian easement.
"Qualifying timber" is timber within or bordering a commercially reasonable harvest unit as determined under rules
adopted by the forest practices board, or timber for which an
approved forest practices application for timber harvest cannot be obtained because of restrictions under the forest practices rules.
(c) "Small forest landowner" means a landowner meeting all of the following characteristics: (i) A forest landowner as defined in RCW 76.09.020 whose interest in the
land and timber is in fee or who has rights to the timber to be
included in the forestry riparian easement that extend at least
fifty years from the date the forest practices application associated with the easement is submitted; (ii) an entity that has
harvested from its own lands in this state during the three
years prior to the year of application an average timber volume that would qualify the owner as a small harvester under
RCW 84.33.035; and (iii) an entity that certifies at the time of
application that it does not expect to harvest from its own
lands more than the volume allowed by RCW 84.33.035 during the ten years following application. If a landowner's prior
three-year average harvest exceeds the limit of RCW
84.33.035, or the landowner expects to exceed this limit during the ten years following application, and that landowner
establishes to the department of natural resources' reasonable
satisfaction that the harvest limits were or will be exceeded to
raise funds to pay estate taxes or equally compelling and
unexpected obligations such as court-ordered judgments or
extraordinary medical expenses, the landowner shall be
deemed to be a small forest landowner.
For purposes of determining whether a person qualifies
as a small forest landowner, the small forest landowner
office, created in RCW 76.13.110, shall evaluate the landowner under this definition, pursuant to RCW 76.13.160, as
of the date that the forest practices application is submitted or
the date the landowner notifies the department that the harvest is to begin with which the forestry riparian easement is
associated. A small forest landowner can include an individual, partnership, corporate, or other nongovernmental legal
entity. If a landowner grants timber rights to another entity
for less than five years, the landowner may still qualify as a
small forest landowner under this section. If a landowner is
unable to obtain an approved forest practices application for
timber harvest for any of his or her land because of restrictions under the forest practices rules, the landowner may still
qualify as a small forest landowner under this section.
(d) "Completion of harvest" means that the trees have
been harvested from an area and that further entry into that
area by mechanized logging or slash treating equipment is
not expected.
(3) The department of natural resources is authorized and
directed to accept and hold in the name of the state of Washington forestry riparian easements granted by small forest
landowners covering qualifying timber and to pay compensation to such landowners in accordance with subsections (6)
and (7) of this section. The department of natural resources
(2004 Ed.)
Stewardship of Nonindustrial Forests and Woodlands
may not transfer the easements to any entity other than
another state agency.
(4) Forestry riparian easements shall be effective for fifty
years from the date the forest practices application associated
with the qualifying timber is submitted to the department of
natural resources, unless the easement is terminated earlier by
the department of natural resources voluntarily, based on a
determination that termination is in the best interest of the
state, or under the terms of a termination clause in the easement.
(5) Forestry riparian easements shall be restrictive only,
and shall preserve all lawful uses of the easement premises by
the landowner that are consistent with the terms of the easement and the requirement to protect riparian functions during
the term of the easement, subject to the restriction that the
leave trees required by the rules to be left on the easement
premises may not be cut during the term of the easement. No
right of public access to or across, or any public use of the
easement premises is created by this statute or by the easement. Forestry riparian easements shall not be deemed to
trigger the compensating tax of or otherwise disqualify land
from being taxed under chapter 84.33 or 84.34 RCW.
(6) Upon application of a small forest landowner for a
riparian easement that is associated with a forest practices
application and the landowner's marking of the qualifying
timber on the qualifying lands, the small forest landowner
office shall determine the compensation to be offered to the
small forest landowner as provided for in this section. The
small forest landowner office shall also determine the compensation to be offered to a small forest landowner for qualifying timber for which an approved forest practices application for timber harvest cannot be obtained because of restrictions under the forest practices rules. The legislature
recognizes that there is not readily available market transaction evidence of value for easements of this nature, and thus
establishes the following methodology to ascertain the value
for forestry riparian easements. Values so determined shall
not be considered competent evidence of value for any other
purpose.
The small forest landowner office shall establish the volume of the qualifying timber. Based on that volume and
using data obtained or maintained by the department of revenue under RCW 84.33.074 and 84.33.091, the small forest
landowner office shall attempt to determine the fair market
value of the qualifying timber as of the date the forest practices application associated with the qualifying timber was
submitted or the date the landowner notifies the department
that the harvest is to begin. Removal of any qualifying timber
before the expiration of the easement must be in accordance
with the forest practices rules and the terms of the easement.
There shall be no reduction in compensation for reentry.
(7) Except as provided in subsection (8) of this section,
the small forest landowner office shall, subject to available
funding, offer compensation to the small forest landowner in
the amount of fifty percent of the value determined in subsection (6) of this section, plus the compliance and reimbursement costs as determined in accordance with RCW
76.13.140. If the landowner accepts the offer for qualifying
timber that will be harvested pursuant to an approved forest
practices application, the department of natural resources
shall pay the compensation promptly upon (a) completion of
(2004 Ed.)
76.13.120
harvest in the area covered by the forestry riparian easement;
(b) verification that there has been compliance with the rules
requiring leave trees in the easement area; and (c) execution
and delivery of the easement to the department of natural
resources. If the landowner accepts the offer for qualifying
timber for which an approved forest practices application for
timber harvest cannot be obtained because of restrictions
under the forest practices rules, the department of natural
resources shall pay the compensation promptly upon (i) verification that there has been compliance with the rules requiring leave trees in the easement area; and (ii) execution and
delivery of the easement to the department of natural
resources. Upon donation or payment of compensation, the
department of natural resources may record the easement.
(8) For approved forest practices applications where the
regulatory impact is greater than the average percentage
impact for all small landowners as determined by the department of natural resources analysis under the regulatory fairness act, chapter 19.85 RCW, the compensation offered will
be increased to one hundred percent for that portion of the
regulatory impact that is in excess of the average. Regulatory
impact includes trees left in buffers, special management
zones, and those rendered uneconomic to harvest by these
rules. A separate average or high impact regulatory threshold
shall be established for western and eastern Washington. Criteria for these measurements and payments shall be established by the small forest landowner office.
(9) The forest practices board shall adopt rules under the
administrative procedure act, chapter 34.05 RCW, to implement the forestry riparian easement program, including the
following:
(a) A standard version or versions of all documents necessary or advisable to create the forestry riparian easements
as provided for in this section;
(b) Standards for descriptions of the easement premises
with a degree of precision that is reasonable in relation to the
values involved;
(c) Methods and standards for cruises and valuation of
forestry riparian easements for purposes of establishing the
compensation. The department of natural resources shall perform the timber cruises of forestry riparian easements
required under this chapter and chapter 76.09 RCW. Any
rules concerning the methods and standards for valuations of
forestry riparian easements shall apply only to the department
of natural resources, small forest landowners, and the small
forest landowner office;
(d) A method to determine that a forest practices application involves a commercially reasonable harvest, and adopt
criteria for entering into a forest riparian easement where a
commercially reasonable harvest is not possible or a forest
practices application that has been submitted cannot be
approved because of restrictions under the forest practices
rules;
(e) A method to address blowdown of qualified timber
falling outside the easement premises;
(f) A formula for sharing of proceeds in relation to the
acquisition of qualified timber covered by an easement
through the exercise or threats of eminent domain by a federal or state agency with eminent domain authority, based on
the present value of the department of natural resources' and
the landowner's relative interests in the qualified timber;
[Title 76 RCW—page 41]
76.13.130
Title 76 RCW: Forests and Forest Products
(g) High impact regulatory thresholds;
(h) A method to determine timber that is qualifying timber because it is rendered uneconomic to harvest by the rules
adopted under RCW 76.09.055 and 76.09.370; and
(i) A method for internal department of natural resources
review of small forest landowner office compensation decisions under subsection (7) of this section. [2004 c 102 § 1;
2002 c 120 § 2; 2001 c 280 § 2; 2000 c 11 § 13; 1999 sp.s. c
4 § 504.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
streamside buffers and comply with other forest and fish regulatory requirements related to the forest riparian easement
program. The department shall reimburse small forest landowners for the actual costs incurred for laying out the streamside buffers and marking the qualifying timber once a contract has been executed for the forestry riparian easement program. Reimbursement is subject to the work being acceptable
to the department. The small forest landowner office shall
determine how the reimbursement costs will be calculated.
[2002 c 120 § 3; 2001 c 280 § 3.]
76.13.150
76.13.130
76.13.130 Small parcels—Alternative management
plans. On parcels of twenty contiguous acres or less, landowners with a total parcel ownership of less than eighty acres
shall not be required to leave riparian buffers adjacent to
streams according to forest practices rules adopted under the
forests and fish report as defined in RCW 76.09.020. These
landowners shall be subject to the permanent forest practices
rules in effect as of January 1, 1999, but may additionally be
required to leave timber adjacent to streams that is equivalent
to no greater than fifteen percent of a volume of timber contained in a stand of well managed fifty-year old commercial
timber covering the harvest area. The additional fifteen percent leave tree level shall be computed as a rotating stand volume and shall be regulated through flexible forest practices
as the stream buffer is managed over time to meet riparian
functions.
On parcels of twenty contiguous acres or less the small
forest landowner office shall work with landowners with a
total parcel ownership of less than eighty acres to develop
alternative management plans for riparian buffers. Such alternative plans shall provide for the removal of leave trees as
other new trees grow in order to ensure the most effective
protection of critical riparian function. The office may recommend reasonable modifications in alternative management plans of such landowners to further reduce risks to public resources and endangered species so long as the anticipated operating costs are not unreasonably increased and the
landowner is not required to leave a greater volume than the
threshold level. To qualify for the provisions of this section,
parcels must be twenty acres or less in contiguous ownership,
and owners cannot have ownership interests in a total of more
than eighty acres of forest lands within the state. [1999 sp.s.
c 4 § 505.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.13.140
76.13.140 Small forest landowners—Value of buffer
trees. In order to assist small forest landowners to remain
economically viable, the legislature intends that the small forest landowners be able to net fifty percent of the value of the
trees left in the buffer areas. The amount of compensation
offered in RCW 76.13.120 shall also include the compliance
costs for participation in the riparian easement program. For
purposes of this section, "compliance costs" includes the cost
of preparing and recording the easement, and any business
and occupation tax and real estate excise tax imposed because
of entering into the easement. The office may contract with
private consultants that the office finds qualified to perform
timber cruises of forestry riparian easements or to lay out
[Title 76 RCW—page 42]
76.13.150 Fish passage barriers—Cost-sharing program. (1) The legislature finds that a state-led cost-sharing
program is necessary to assist small forest landowners with
removing and replacing fish passage barriers that were added
to their land prior to May 14, 2003, to help achieve the goals
of the forests and fish report, and to assist small forest landowners in complying with the state's fish passage requirements.
(2) The small forest landowner office must, in cooperation with the department of fish and wildlife, establish a program designed to assist small forest landowners with repairing or removing fish passage barriers and assist lead entities
in acquiring the data necessary to fill any gaps in fish passage
barrier information. The small forest landowner office and
the department of fish and wildlife must work closely with
lead entities or other local watershed groups to make maximum use of current information regarding the location and
priority of current fish passage barriers. Where additional
fish passage barrier inventories are necessary, funding will be
sought for the collection of this information. Methods, protocols, and formulas for data gathering and prioritizing must be
developed in consultation with the department of fish and
wildlife. The department of fish and wildlife must assist in
the training and management of fish passage barrier location
data collection.
(3) The small forest landowner office must actively seek
out funding for the program authorized in this section. The
small forest landowner office must work with consenting
landowners to identify and secure funding from local, state,
federal, tribal, or nonprofit habitat restoration organizations
and other private sources, including the salmon recovery
funding board, the United States department of agriculture,
the United States department of transportation, the Washington state department of transportation, the United States
department of commerce, and the federal highway administration.
(4)(a) Except as otherwise provided in this subsection,
the small forest landowner office, in implementing the program established in this section, must provide the highest
proportion of public funding available for the removal or
replacement of any fish passage barrier.
(b) In no case shall a small forest landowner be required
to pay more than the lesser of either: (i) Twenty-five percent
of any costs associated with the removal or replacement of a
particular fish passage barrier; or (ii) five thousand dollars for
the removal or replacement of a particular fish passage barrier. No small forest landowner shall be required to pay more
than the maximum total annual costs in (c) of this subsection.
(c) The portion of the total cost of removing or replacing
fish passage barriers that a small forest landowner must pay
(2004 Ed.)
Forest Rehabilitation
in any calendar year shall be determined based on the average
annual timber volume harvested from the landowner's lands
in this state during the three preceding calendar years, and
whether the fish passage barrier is in eastern or western
Washington.
(i) In western Washington (west of the Cascade Crest), a
small forest landowner who has harvested an average annual
timber volume of less than five hundred thousand board feet
shall not be required to pay more than a total of eight thousand dollars during that calendar year, a small forest landowner who has harvested an annual average timber volume
between five hundred thousand and nine hundred ninety-nine
thousand board feet shall not be required to pay more than a
total of sixteen thousand dollars during that calendar year, a
small forest landowner who has harvested an average annual
timber volume between one million and one million four
hundred ninety-nine thousand board feet shall not be required
to pay more than a total of twenty-four thousand dollars during that calendar year, and a small forest landowner who has
harvested an average annual timber volume greater than or
equal to one million five hundred thousand board feet shall
not be required to pay more than a total of thirty-two thousand dollars during that calendar year, regardless of the number of fish passage barriers removed or replaced on the landowner's lands during that calendar year.
(ii) In eastern Washington (east of the Cascade Crest), a
small forest landowner who has harvested an average annual
timber volume of less than five hundred thousand board feet
shall not be required to pay more than a total of two thousand
dollars during that calendar year, a small forest landowner
who has harvested an annual average timber volume between
five hundred thousand and nine hundred ninety-nine thousand board feet shall not be required to pay more than a total
of four thousand dollars during that calendar year, a small
forest landowner who has harvested an average annual timber
volume between one million and one million four hundred
ninety-nine thousand board feet shall not be required to pay
more than a total of twelve thousand dollars during that calendar year, and a small forest landowner who has harvested
an average annual timber volume greater than or equal to one
million five hundred thousand board feet shall not be
required to pay more than a total of sixteen thousand dollars
during that calendar year, regardless of the number of fish
passage barriers removed or replaced on the landowner's
lands during that calendar year.
(iii) Maximum total annual costs for small forest landowners with fish passage barriers in both western and eastern
Washington shall be those specified under (c)(i) and (ii) of
this subsection.
(d) If an existing fish passage barrier on land owned by a
small forest landowner was installed under an approved forest practices application or notification, and hydraulics
approval, and that fish passage barrier becomes a high priority for fish passage based on the watershed ranking in *RCW
76.13.150, one hundred percent public funding shall be provided.
(5) If a small forest landowner is required to contribute a
portion of the funding under the cost-share program established in this section, that landowner may satisfy his or her
required proportion by providing either direct monetary contributions or in-kind services to the project. In-kind services
(2004 Ed.)
Chapter 76.14
may include labor, equipment, materials, and other landowner-provided services determined by the department to
have an appropriate value to the removal of a particular fish
passage barrier.
(6)(a) The department, using fish passage barrier assessments and ranked inventory information provided by the
department of fish and wildlife and the appropriate lead
entity as delineated in RCW 77.12.755, must establish a prioritized list for the funding of fish passage barrier removals
on property owned by small forest landowners that ensures
that funding is provided first to the known fish passage barriers existing on forest land owned by small forest landowners
that cause the greatest harm to public resources.
(b) As the department collects information about the
presence of fish passage barriers from submitted checklists, it
must share this information with the department of fish and
wildlife and the technical advisory groups established in
RCW 77.85.070. If the addition of the information collected
in the checklists or any other changes to the scientific instruments described in RCW 77.12.755 alter the analysis conducted under RCW 77.12.755, the department must alter the
funding order appropriately to reflect the new information.
(7) The department may accept commitments from small
forest landowners that they will participate in the program to
remove fish passage barriers from their land at any time,
regardless of the funding order given to the fish passage barriers on a particular landowner's property. [2003 c 311 § 7.]
*Reviser's note: The reference to RCW 76.13.150 appears to be erroneous. Reference to RCW 77.12.755 was apparently intended.
Findings—Effective date—2003 c 311: See notes following RCW
76.09.020.
76.13.160
76.13.160 Qualifying small forest landowner—
Review of certain records. When establishing a forest riparian easement program applicant's status as a qualifying small
forest landowner pursuant to RCW 76.13.120, the department shall not review the applicant's timber harvest records,
or any other tax-related documents, on file with the department of revenue. The department of revenue may confirm or
deny an applicant's status as a small forest landowner at the
request of the department; however, for the purposes of this
section, the department of revenue may not disclose more
information than whether or not the applicant has reported a
harvest or harvests totaling greater than or less than the qualifying thresholds established in RCW 76.13.120. Nothing in
this section, or RCW 84.33.280, prohibits the department
from reviewing aggregate or general information provided by
the department of revenue. [2004 c 102 § 2.]
Chapter 76.14
Chapter 76.14 RCW
FOREST REHABILITATION
Sections
76.14.010
76.14.020
76.14.030
76.14.040
76.14.050
76.14.051
76.14.060
76.14.070
76.14.080
Definitions.
Yacolt burn designated high hazard area—Rehabilitation
required.
Administration.
Duties.
Firebreaks—Powers of department—Grazing lands.
Firebreaks—Preexisting agreements not altered.
Powers and duties—Private lands.
Powers and duties—Expenditure of public funds.
Fire protection projects—Assessments—Payment.
[Title 76 RCW—page 43]
76.14.010
76.14.090
76.14.100
76.14.110
76.14.120
76.14.130
Title 76 RCW: Forests and Forest Products
Fire protection projects—Notice—Hearing.
Fire protection projects—Collection of assessments.
Fire protection projects—Credit on assessment for private
expenditure.
Landowner's responsibility under other laws.
Lands not to be included in project.
alter the terms of any existing agreements heretofore entered
into by the state and private parties under the authority of
RCW 76.14.050 as now or hereafter amended. [1975 1st
ex.s. c 101 § 2.]
76.14.060
76.14.010
76.14.010 Definitions. As used in this chapter:
(1) "Department" means the department of natural
resources;
(2) "Forest land" means any lands considered best
adapted for the growing of trees; and
(3) The term "owner" means and includes individuals,
partnerships, corporations, associations, federal land managing agencies, state of Washington, counties, municipalities,
and other forest landowners. [2000 c 11 § 14; 1988 c 128 §
37; 1953 c 74 § 2.]
76.14.060 Powers and duties—Private lands. The
department shall have authority to acquire the right by purchase, condemnation or otherwise to cause snags on private
land to be felled, slash to be disposed of, and to take such
other measures on private land necessary to carry out the
objectives of this chapter. [1988 c 128 § 41; 1955 c 171 § 3.]
76.14.070
76.14.070 Powers and duties—Expenditure of public
funds. The department shall have authority to expend public
money for the purposes and objectives provided in this chapter. [1988 c 128 § 42; 1955 c 171 § 4.]
76.14.020
76.14.020 Yacolt burn designated high hazard
area—Rehabilitation required. The Yacolt burn situated in
Clark, Skamania, and Cowlitz counties in townships 2, 3, 4,
5, 6 and 7 north, ranges 3, 4, 5, 6, 7, 7 1/2 and 8 east is hereby
designated a high hazard forest area requiring rehabilitation
by the establishment of extensive protection facilities and by
the restocking of denuded areas artificially to restore the productivity of the land. [1953 c 74 § 1.]
76.14.030 Administration. This chapter shall be
administered by the department. [1988 c 128 § 38; 1953 c 74
§ 3.]
76.14.030
76.14.040
76.14.040 Duties. The department shall use funds
placed at its disposal to map, survey, fell snags, build firebreaks and access roads, increase forest protection activities
and do all work deemed necessary to protect forest lands
from fire in the rehabilitation zone, and to perform reforestation and do other improvement work on state lands in the
rehabilitation zone. [1988 c 128 § 39; 1955 c 171 § 1; 1953 c
74 § 4.]
76.14.050 Firebreaks—Powers of department—
Grazing lands. The department is authorized to cooperate
with owners of land located in the area described in RCW
76.14.020 in establishing firebreaks in their most logical
position regardless of land ownership. The department may
by gift, purchase, condemnation or otherwise acquire easements for road rights of way and land or interests therein
located in the high hazard forest area described in RCW
76.14.020 for any purpose deemed necessary for access for
forest protection, reforestation, development and utilization,
and for access to state owned lands within the area described
in RCW 76.14.020 for all other purposes, and the department
shall have authority to regulate the use thereof. When the
landowner is using the land for agricultural grazing purposes
the state shall maintain gates or adequate cattle guards at each
place the road enters upon the private landowner's fenced
lands. [1988 c 128 § 40; 1975 1st ex.s. c 101 § 1; 1955 c 171
§ 2; 1953 c 74 § 5.]
76.14.050
76.14.080
76.14.080 Fire protection projects—Assessments—
Payment. The department shall develop fire protection
projects within the high hazard forest area and shall determine the boundaries thereof in accordance with the lands
benefited thereby and shall assess one-sixth of the cost of
such projects equally upon all forest lands within the project
on an acreage basis. Such assessment shall not, however,
exceed twenty-five cents per acre annually nor more than one
dollar and fifty cents per acre in the aggregate and shall constitute a lien upon any forest products harvested therefrom.
The landowner may by written notice to the department elect
to pay his assessment on a deferred basis at a rate of ten cents
per thousand board feet and/or one cent per Christmas tree
when these products are harvested from the lands for commercial use until the assessment plus two percent interest
from the date of completion of each project has been paid for
each acre. Payments under the deferred plan shall be credited
by forty acre tracts and shall be first applied to payment of the
assessment against the forty acre tract from which the funds
were derived and secondly to other forty acre tracts held and
designated by the payor. In the event total ownership is less
than forty acres then payment shall be applied on an undivided basis to the entire areas as to which the assessment
remains unpaid. The landowner who elects to pay on deferred
basis may pay any unpaid assessment and interest at any
time. [1988 c 128 § 43; 1955 c 171 § 5.]
76.14.090
76.14.090 Fire protection projects—Notice—Hearing. Notice of each project, the estimated assessment per
acre and a description of the boundaries thereof shall be given
by publication in a local newspaper of general circulation
thirty days in advance of commencing work. Any person
owning land within the project may within ten days after publication of notice demand a hearing before the department in
Olympia and present any reasons why he feels the assessment
should not be made upon his land. Thereafter, the department
may change the boundaries of said project to eliminate land
from the project which it determines in its discretion will not
be benefited by the project. [1988 c 128 § 44; 1955 c 171 §
6.]
76.14.051
76.14.051 Firebreaks—Preexisting agreements not
altered. Nothing in the provisions of RCW 76.14.050 as
now or hereafter amended shall be construed to otherwise
[Title 76 RCW—page 44]
76.14.100
76.14.100 Fire protection projects—Collection of
assessments. Except when the owner has notified the depart(2004 Ed.)
Forest Rehabilitation
ment in writing that he will make payment on the deferred
plan, the assessment shall be collected by the department
reporting the same to the county assessor of the county in
which the property is situated upon completion of the work in
that project and the assessor shall annually extend the
amounts upon the tax rolls covering the property, and the
amounts shall be collected in the same manner, by the same
procedure, and with the same penalties attached as the next
general state and county taxes on the same property are collected. Errors in assessments may be corrected at any time by
the department by certifying them to the treasurer of the
county in which the land involved is situated. Upon the collection of such assessments the county treasurer shall transmit them to the department. Payment on the deferred plan
shall be made directly to the department. Such payment must
be made by January 31st for any timber or Christmas trees
harvested during the previous calendar year and must be
accompanied by a statement of the amount of timber or number of Christmas trees harvested and the legal description of
the property from which they were harvested. Whenever an
owner paying on the deferred plan desires to pay any unpaid
balance or portion thereof, he may make direct payment to
the department. [1988 c 128 § 45; 1955 c 171 § 7.]
Collection of taxes: Chapter 84.56 RCW.
76.14.110
76.14.110 Fire protection projects—Credit on assessment for private expenditure. Where the department finds
that a portion of the work in any project, except road building, has been done by private expenditures for fire protection
purposes only and that the work was not required by other
forestry laws having general application, then the department
shall appraise the work on the basis of what it would have
cost the state and shall credit the amount of the appraisal
toward payment of any sums assessed against lands contained in the project and owned by the person or his predecessors in title making the expenditure. Such appraisal shall be
added to the cost of the project for purposes of determining
the general assessment. [1988 c 128 § 46; 1955 c 171 § 8.]
76.14.120
76.14.120 Landowner's responsibility under other
laws. This chapter shall not relieve the landowner of providing adequate fire protection for forest land pursuant to RCW
76.04.610 or, in lieu thereof, of paying the forest fire protection assessment specified, but shall be deemed as providing
solely for extra fire protection needed in the extrahazardous
fire area. [1986 c 100 § 56; 1955 c 171 § 9.]
76.14.130
76.14.130 Lands not to be included in project.
Projects pursuant to RCW 76.14.080 shall not be developed
to include lands outside the following described boundary
within the high hazard forest areas: Beginning at a point on
the east boundary of section 24, township 4 north, range 4
east 1/4 mile south of the northeast corner; thence west 1/4
mile; south 1/16 mile; west 1/4 mile; north 1/16 mile; west
1/2 mile; south 1/8 mile; west 1/4 mile; south 1/8 mile; west
1/2 mile; south 1/16 mile; west 1/8 mile; south 1/16 mile;
west 1/8 mile; south 1/16 mile; west 1/2 mile; south 1/16
mile; west 3/4 mile; north 1/16 mile; west 1/4 mile; north
1/16 mile; west 1/2 mile; north 1/16 mile; west 1/4 mile;
north 1/16 mile; west 1 3/4 miles to the west quarter corner of
(2004 Ed.)
76.14.130
section 19, township 4 north, range 4 east. Thence north 1/4
mile; west 1/4 mile; north 1/8 mile; west 1/8 mile; north 1/8
mile; west 1/16 mile; north 1/4 mile; west 1/16 mile; north
1/8 mile; west 1/8 mile; north 1/8 mile; west 3/16 mile; south
1/8 mile; west 3/16 mile; south 1/8 mile; east 3/16 mile; south
1/4 mile; west 2 3/16 miles; south 1/8 mile; west 1/8 mile;
south 1/4 mile; east 1/8 mile; south 1/16 mile; east 1/4 mile;
south 3/16 mile; east 3/8 mile; south 1/8 mile; east 1/8 mile;
south 1/16 mile; east 3/16 mile; south 7/16 mile; west 3/16
mile; south 1/4 mile; west 3/16 mile; south 1/4 mile; east
15/16 mile; south 1/4 mile; east 1/4 mile; south 1/4 mile; east
1/4 mile; south 3/4 mile; to the southwest corner of section
36, township 4 north, range 3 east. Thence west 3/8 mile;
south 1/8 mile; east 1/8 mile; south 1/2 mile; west 1/8 mile;
south 3/8 mile; west 1/8 mile; south 1/4 mile; west 1/4 mile;
south 1/2 mile; west 1/8 mile; south 1/4 mile; east 3/8 mile;
south 7/16 mile; west 1/4 mile; south 1/16 mile; west 1/4
mile; south 1/2 mile; west 1/8 mile; south 1/4 mile; east 1/8
mile; south 1/16 mile; west 1/4 mile; south 1/4 mile; east 1/2
mile; south 3/16 mile; east 1/4 mile; south 1/16 mile; east
7/16 mile; south 3/16 mile; east 9/16 mile; south 1/4 mile;
east 1/16 mile; south 1/4 mile; east 1/16 mile; south 1/8 mile;
east 1/8 mile; south 1/8 mile; west 1/16 mile; south 5/8 mile;
west 3/16 mile; south 1/16 mile; east 1/4 mile; south 1/16
mile; east 1/8 mile; south 3/16 mile; west 1/8 mile; south 1/16
mile; west 11/16 mile; south 3/16 mile; east 15/16 mile, being
1/16 mile north of the southeast corner of section 36, township 3 north, range 3 east. Thence east 1 mile; south 1/16
mile; west 7/8 mile; south 1/8 mile; east 1/4 mile; south 1/4
mile; west 1/8 mile; south 1/8 mile; west 3/16 mile; south 1/4
mile; west 7/16 mile; north 1/8 mile; west 1/8 mile; south 1/8
mile; west 5/16 mile; south 1/4 mile; west 3/16 mile; south
1/16 mile; east 1/2 mile; north 1/16 mile; east 1/4 mile; south
1/8 mile; east 1/8 mile; north 1/8 mile; east 1/8 mile being the
southeast corner of section 1, township 2 north, range 3 east.
Thence south 1/4 mile; east 1/4 mile; south 1/16 mile; east
1/4 mile; south 1/16 mile; east 1/4 mile; south 1/8 mile; east
1/8 mile; north 1/8 mile; east 3/8 mile; south 1/8 mile; east
1/16 mile; north 1/4 mile; east 7/16 mile; north 1/8 mile; east
9/16 mile; south 1/4 mile; west 1/16 mile; south 1/8 mile;
west 1/8 mile; south 1/8 mile; west 1/8 mile; south 1/8 mile;
west 1/16 mile; south 1/4 mile; west 1/16 mile; south 1/8
mile; west 1/8 mile; south 1/16 mile; west 1/4 mile; south
5/16 mile; to the center of section 17, township 2 north, range
4 east. Thence east 1 mile; south 1/16 mile; east 2 miles;
north 1/16 mile; east 1 1/2 miles; to the east quarter corner of
section 13, township 2 north, range 4 east. Thence easterly 9
miles following Bonneville Power Administration's power
transmission line through sections 18, 17, 16, 15, 14 and 13,
township 2 north, range 5 east and sections 18, 17 and 16,
township 2 north, range 6 east to the southeast corner of section 16, township 2 north, range 6 east. Thence easterly 3 3/4
miles; north 1 1/4 miles; east 1/4 mile; north 2 1/4 miles; west
3/4 mile; north 1 1/2 miles; east 3/4 mile; north 1/2 mile; east
1 mile; north 1/2 mile; east 1 mile; north 1 mile; east 2 miles;
south 1 mile; east 1 mile; north 3 miles; to the northeast corner of section 1, township 3 north, range 7 east. Thence west
4 miles; south 1 mile; west 2 miles; north 1/2 mile; west 2
miles; south 1/2 mile; west 1 mile; south 1/2 mile; west 2
miles; north 1 1/2 miles; west 1 mile; south 1 mile; west 2
miles; south 1 1/2 miles; east 1 mile; south 1/2 mile; west 1
[Title 76 RCW—page 45]
Chapter 76.15
Title 76 RCW: Forests and Forest Products
mile; south 1/2 mile; west 1/2 mile; south 1/2 mile; west 3 1/2
miles to the northwest corner of section 30, township 3 north,
range 5 east. Thence north along Gifford Pinchot National
Forest boundary to the point of beginning. [1955 c 171 § 10.]
Chapter 76.15
Chapter 76.15 RCW
COMMUNITY AND URBAN FORESTRY
Sections
76.15.005
76.15.007
76.15.010
76.15.020
76.15.030
76.15.040
76.15.050
76.15.060
Finding.
Purpose.
Definitions.
Authority.
Funding sources—Fees—Contracts.
Primary duty, department's—Cooperation.
Agreements for urban tree planting.
Urban tree planting to be encouraged.
76.15.005
76.15.005 Finding. (1) Trees and other woody vegetation are a necessary and important part of community and
urban environments. Community and urban forests have
many values and uses including conserving energy, reducing
air and water pollution and soil erosion, contributing to property values, attracting business, reducing glare and noise, providing aesthetic and historical values, providing wood products, and affording comfort and protection for humans and
wildlife.
(2) As urban and community areas in Washington state
grow, the need to plan for and protect community and urban
forests increases. Cities and communities benefit from assistance in developing and maintaining community and urban
forestry programs that also address future growth.
(3) Assistance and encouragement in establishment,
retention, and enhancement of these forests and trees by local
governments, citizens, organizations, and professionals are in
the interest of the state based on the contributions these forests make in preserving and enhancing the quality of life of
Washington's municipalities and counties while providing
opportunities for economic development. [1991 c 179 § 1.]
76.15.007
76.15.007 Purpose. The purpose of this chapter is to:
(1) Encourage planting and maintenance and management of trees in the state's municipalities and counties and
maximize the potential of tree and vegetative cover in
improving the quality of the environment.
(2) Encourage the coordination of state and local agency
activities and maximize citizen participation in the development and implementation of community and urban forestryrelated programs.
(3) Foster healthy economic activity for the state's community and urban forestry-related businesses through cooperative and supportive contracts with the private business sector.
(4) Facilitate the creation of employment opportunities
related to community and urban forestry activities including
opportunities for inner city youth to learn teamwork, resource
conservation, environmental appreciation, and job skills.
(5) Provide meaningful voluntary opportunities for the
state's citizens and organizations interested in community
and urban forestry activities. [1991 c 179 § 2.]
[Title 76 RCW—page 46]
76.15.010
76.15.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Community and urban forest" is that land in and
around human settlements ranging from small communities
to metropolitan areas, occupied or potentially occupied by
trees and associated vegetation. Community and urban forest
land may be planted or unplanted, used or unused, and
includes public and private lands, lands along transportation
and utility corridors, and forested watershed lands within
populated areas.
(2) "Community and urban forestry" means the planning,
establishment, protection, care, and management of trees and
associated plants individually, in small groups, or under forest conditions within municipalities and counties.
(3) "Department" means the department of natural
resources.
(4) "Municipality" means a city, town, port district, public school district, community college district, irrigation district, weed control district, park district, or other political subdivision of the state.
(5) "Person" means an individual, partnership, private or
public municipal corporation, Indian tribe, state entity,
county or local governmental entity, or association of individuals of whatever nature. [2000 c 11 § 15; 1991 c 179 § 3.]
76.15.020
76.15.020 Authority. (1) The department may establish
and maintain a program in community and urban forestry to
accomplish the purpose stated in RCW 76.15.007. The
department may assist municipalities and counties in establishing and maintaining community and urban forestry programs and encourage persons to engage in appropriate and
improved tree management and care.
(2) The department may advise, encourage, and assist
municipalities, counties, and other public and private entities
in the development and coordination of policies, programs,
and activities for the promotion of community and urban forestry.
(3) The department may appoint a committee or council
to advise the department in establishing and carrying out a
program in community and urban forestry.
(4) The department may assist municipal and county tree
maintenance programs by making surplus equipment available on loan where feasible for community and urban forestry
programs and cooperative projects. [1991 c 179 § 4.]
76.15.030
76.15.030 Funding sources—Fees—Contracts. The
department may:
(1) Receive and disburse any and all moneys contributed, allotted, or paid by the United States under authority of
any act of congress for the purposes of this chapter.
(2) Receive such gifts, grants, bequests, and endowments
and donations of labor, material, seedlings, and equipment
from public or private sources as may be made for the purpose of carrying out the provisions of this chapter, and may
spend the gifts, grants, bequests, endowments, and donations
as well as other moneys from public or private sources.
(3) Charge fees for attendance at workshops and conferences, and for various publications and other materials that
the department may prepare.
(2004 Ed.)
Marks and Brands
(4) Enter into agreements and contracts with persons
having community and urban forestry-related responsibilities. [1991 c 179 § 5.]
76.15.040
76.15.040 Primary duty, department's—Cooperation. The department shall assume the primary responsibility
of carrying out this chapter and shall cooperate with other private and public, state and federal persons, any agency of
another state, the United States, any agency of the United
States, or any agency or province of Canada. [1991 c 179 §
6.]
76.15.050
76.15.050 Agreements for urban tree planting. The
department may enter into agreements with one or more nonprofit organizations whose primary purpose is urban tree
planting. The agreements shall be to further public education
about and support for urban tree planting, and for obtaining
voluntary activities by the local community organizations in
tree planting programs. The agreements shall ensure that such
programs are consistent with the purposes of the community
and urban forestry program under this chapter. [1993 c 204 §
10.]
Findings—1993 c 204: See note following RCW 35.92.390.
76.15.060
76.15.060 Urban tree planting to be encouraged. The
department shall encourage urban planting of tree varieties
that are site-appropriate and provide the best combination of
energy and water conservation, fire safety and other safety,
wildlife habitat, and aesthetic value. The department may
provide technical assistance in developing programs in tree
planting for energy conservation in areas of the state where
such programs are most cost-effective. [1993 c 204 § 11.]
Findings—1993 c 204: See note following RCW 35.92.390.
Chapter 76.36
Chapter 76.36 RCW
MARKS AND BRANDS
Sections
76.36.010
76.36.020
76.36.035
76.36.060
76.36.070
76.36.090
76.36.100
76.36.110
76.36.120
76.36.130
76.36.140
76.36.160
76.36.900
76.36.010
Definitions.
Forest products to be marked.
Registration of brands—Assignments—Fee—Rules—Penalty.
Impression of mark—Presumption.
Cancellation of registration.
Catch brands.
Right of entry to retake branded products.
Penalty for false branding, etc.
Forgery of mark, etc.—Penalty.
Sufficiency of mark.
Application of chapter to eastern Washington.
Deposit of fees—Use.
Severability—1925 ex.s. c 154.
76.36.010 Definitions. The words and phrases herein
used, unless the same be clearly contrary to or inconsistent
with the context of this chapter or the section in which used,
shall be construed as follows:
(1) "Booming equipment" includes boom sticks and
boom chains.
(2) "Brand" means a unique symbol or mark placed on or
in forest products for the purpose of identifying ownership.
(2004 Ed.)
76.36.035
(3) "Catch brand" means a mark or brand used by a person as an identifying mark placed upon forest products and
booming equipment previously owned by another.
(4) "Department" means the department of natural
resources.
(5) "Forest products" means logs, spars, piles, and poles,
boom sticks, and shingle bolts and every form into which a
fallen tree may be cut before it is manufactured into lumber
or run through a sawmill, shingle mill, or tie mill, or cut into
cord wood, stove wood, or hewn ties.
(6) "Person" includes the plural and all corporations, foreign and domestic, copartnerships, firms, and associations of
persons.
(7) "Waters of this state" includes any and all bodies of
fresh and salt water within the jurisdiction of the state capable
of being used for the transportation or storage of forest products, including all rivers and lakes and their tributaries, harbors, bays, bayous, and marshes. [2000 c 11 § 16; 1984 c 60
§ 1; 1925 ex.s. c 154 § 1; RRS § 8381-1.]
76.36.020
76.36.020 Forest products to be marked. Persons who
wish to identify any of their forest products which will be
stored or transported in or on the waters of the state shall
place a registered mark or brand in a conspicuous place on
each forest product item. Placement of the registered mark or
brand is prima facie evidence of ownership over forest product items which have escaped from storage or transportation.
Unbranded or unmarked stray logs or forest products become
the property of the state when recovered. [1984 c 60 § 2;
1925 ex.s. c 154 § 2; RRS § 8381-2. Prior: 1890 p 110 § 1.]
76.36.035
76.36.035 Registration of brands—Assignments—
Fee—Rules—Penalty. (1) All applications for brands, catch
brands, renewals, and assignments thereof shall be submitted
to and approved by the department prior to use. The department may refuse to approve any brand or catch brand which
is identical to or closely resembles a registered brand or catch
brand, or is in use by any other person or was not selected in
good faith for the marking or branding of forest products. If
approval is denied the applicant will select another brand.
(2) The registration for all existing brands or catch
brands shall expire on December 31, 1984, unless renewed
prior to that date. Renewals or new approved applications
shall be for five-year periods or portions thereof beginning on
January 1, 1985. On or before September 30, 1984, and September 30th immediately preceding the end of each successive five-year period the department shall notify by mail all
registered owners of brands or catch brands of the forthcoming expiration of their brands and the requirements for
renewal.
(3) A fee of fifteen dollars shall be charged by the department for registration of all brands, catch brands, renewals or
assignments prior to January 1, 1985. Thereafter the fee shall
be twenty-five dollars.
(4) Abandoned or canceled brands shall not be reissued
for a period of at least one year. The department shall determine the right to use brands or catch brands in dispute by
applicants.
(5) The department may adopt and enforce rules implementing the provisions of this chapter.
[Title 76 RCW—page 47]
76.36.060
Title 76 RCW: Forests and Forest Products
(6)(a) Except as provided in (b) of this subsection, a violation of any rule adopted by the department under this [the]
authority of this section is a misdemeanor.
(b) The department may specify by rule, when not inconsistent with applicable statutes, that violation of a specific
rule is an infraction under chapter 7.84 RCW. [2003 c 53 §
370; 1987 c 380 § 18; 1984 c 60 § 8.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1987 c 380: See RCW 7.84.900 and
7.84.901.
76.36.060 Impression of mark—Presumption. All
forest products and booming equipment having impressed
thereupon a registered mark or brand are presumed to belong
to the person appearing on the records of the department as
the owner of such mark or brand. All forest products having
impressed thereupon a registered catch brand are presumed to
belong to the owner of the registered catch brand, unless
there is impressed thereupon more than one registered catch
brand, in which event they are presumed to belong to the
owner whose registered catch brand was placed thereupon
latest in point of time. [1984 c 60 § 3; 1957 c 36 § 4; 1925
ex.s. c 154 § 6; RRS § 8381-6. Prior: 1890 p 111 § 4.]
76.36.060
76.36.070 Cancellation of registration. The department, upon the petition of the owner of a registered mark or
brand, may cancel the registration in which case the mark or
brand shall be open to registration by any person subsequently applying therefor. [1984 c 60 § 4; 1957 c 36 § 5;
1925 ex.s. c 154 § 7; RRS § 8381-7.]
76.36.070
76.36.090 Catch brands. A person desiring to use a
catch brand as an identifying mark upon forest products or
booming equipment purchased or lawfully acquired from
another, shall before using it, make application for the registration thereof to the department in the manner prescribed for
the registration of other marks or brands as herein required.
The provisions contained in this chapter in reference to registration, certifications, assignment, and cancellation, and the
fees to be paid to the department shall apply equally to catch
brands. The certificate of the department shall designate the
mark or brand as a catch brand, and the mark or brand
selected by the applicant as a catch brand shall be inclosed in
the letter C, which shall identify the mark or brand as, and
shall be used only in connection with, a catch brand. [1984 c
60 § 5; 1957 c 36 § 6; 1925 ex.s. c 154 § 9; RRS § 8381-9.]
76.36.090
76.36.100 Right of entry to retake branded products.
The owner of any mark or brand registered as herein provided, by himself or his duly authorized agent or representative, shall have a lawful right, at any time and in any peaceable manner, to enter into or upon any tidelands, marshes and
beaches of this state and any mill, mill yard, mill boom, rafting or storage grounds and any forest products or raft or
boom thereof, for the purpose of searching for any forest
products and booming equipment having impressed thereupon or cut therein a registered mark or brand belonging to
him and to retake any forest products and booming equipment so found by him. [1925 ex.s. c 154 § 10; RRS § 838110. Prior: 1901 c 123 § 4.]
76.36.100
[Title 76 RCW—page 48]
76.36.110
76.36.110 Penalty for false branding, etc. Every person is guilty of a gross misdemeanor:
(1) Except boom companies organized as corporations
for the purpose of catching or reclaiming and holding or disposing of forest products for the benefit of the owners, and
authorized to do business under the laws of this state, who has
or takes in tow or into custody or possession or under control,
without the authorization of the owner of a registered mark or
brand thereupon, any forest products or booming equipment
having thereupon a mark or brand registered as required by
the terms of this chapter, or, with or without such authorization, any forest products or booming equipment which may
be branded under the terms of this chapter with a registered
mark or brand and having no registered mark or brand
impressed thereupon or cut therein; or,
(2) Who impresses upon or cut in any forest products or
booming equipment a mark or brand that is false, forged or
counterfeit; or,
(3) Who interferes with, prevents, or obstructs the owner
of any registered mark or brand, or his or her duly authorized
agent or representative, entering into or upon any tidelands,
marshes or beaches of this state or any mill, mill site, mill
yard or mill boom or rafting or storage grounds or any forest
products or any raft or boom thereof for the purpose of
searching for forest products and booming equipment having
impressed thereupon a registered mark or brand belonging to
him or her or retaking any forest products or booming equipment so found by him or her; or,
(4) Who impresses or cuts a catch brand that is not registered under the terms of this chapter upon or into any forest
products or booming equipment upon which there is a registered mark or brand as authorized by the terms of this chapter
or a catch brand, whether registered or not, upon any forest
products or booming equipment that was not purchased or
lawfully acquired by him or her from the owner. [2003 c 53
§ 371; 1994 c 163 § 1; 1984 c 60 § 6; 1925 ex.s. c 154 § 11;
RRS § 8381-11. Prior: 1890 p 112 § 8.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
76.36.120
76.36.120 Forgery of mark, etc.—Penalty. Every person is guilty of a class B felony punishable according to chapter 9A.20 RCW who, with an intent to injure or defraud the
owner:
(1) Shall falsely make, forge or counterfeit a mark or
brand registered as herein provided and use it in marking or
branding forest products or booming equipment; or,
(2) Shall cut out, destroy, alter, deface, or obliterate any
registered mark or brand impressed upon or cut into any forest products or booming equipment; or,
(3) Shall sell, encumber or otherwise dispose of or deal
in, or appropriate to his or her own use, any forest products or
booming equipment having impressed thereupon a mark or
brand registered as required by the terms of this chapter; or
(4) Shall buy or otherwise acquire or deal in any forest
products or booming equipment having impressed thereupon
a registered mark or brand. [2003 c 53 § 372; 1925 ex.s. c
154 § 12; RRS § 8381-12. Prior: 1890 p 111 §§ 6, 7.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
(2004 Ed.)
Wood Debris—Removal from Navigable Waters
76.36.130
76.36.130 Sufficiency of mark. A mark or brand cut in
boom sticks with an ax or other sharp instrument shall be sufficient for the purposes of this chapter if it substantially conforms to the impression or drawing and written description
on file with the department. [1988 c 128 § 47; 1957 c 36 § 7;
1925 ex.s. c 154 § 13; RRS § 8381-13.]
76.36.140
76.36.140 Application of chapter to eastern Washington. In view of the different conditions existing in the
logging industry of this state between the parts of the state
lying respectively east and west of the crest of the Cascade
mountains, forest products may be put into the water of this
state or shipped on common carrier railroads without having
thereon a registered mark or brand, as herein required, within
that portion of the state lying east of the crest of the Cascade
mountains and composed of the following counties to wit:
Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry,
Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima; and the penalties herein provided for failure to mark or brand such forest products shall not apply:
PROVIDED, That any person operating within such east portion of the state may select a mark or brand and cause it to be
registered with the department pursuant to the terms of this
chapter, and use it for the purpose of marking or branding forest products and booming equipment, and, in the event of the
registration of such mark or brand and the use of it in marking
or branding forest products or booming equipment, the provisions hereof shall apply as to the forest products and booming
equipment so marked or branded. [1988 c 128 § 48; 1957 c
36 § 8; 1925 ex.s. c 154 § 14; RRS § 8381-14.]
76.36.160
76.36.160 Deposit of fees—Use. The department shall
deposit all moneys received under this chapter in the general
fund to be used exclusively for the administration of this
chapter by the department. [1984 c 60 § 7; 1957 c 36 § 10.]
76.36.900
76.36.900 Severability—1925 ex.s. c 154. If any section or provision of this chapter shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect
the validity of the chapter as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.
[1925 ex.s. c 154 § 15; RRS § 8381-15.]
ble waters of the state of Washington. It shall be the duty of
the department of natural resources to administer and enforce
the provisions of this chapter. [1973 c 136 § 2.]
76.42.020 Definitions. (1) "Removal" as used in this
chapter shall include all activities necessary for the collection
and disposal of such wood debris: PROVIDED, That nothing
herein provided shall permit removal of wood debris from
private property without written consent of the owner.
(2) "Wood debris" as used in this chapter is wood that is
adrift on navigable waters or has been adrift thereon and
stranded on beaches, marshes, or tidal and shorelands. [2000
c 11 § 17; 1994 c 163 § 2; 1973 c 136 § 3.]
76.42.020
76.42.030 Removal of wood debris—Authorized.
The department of natural resources may by contract, license,
or permit, or other arrangements, cause such wood debris to
be removed by private contractors, department of natural
resources employees, or by other public bodies. Nothing contained in this chapter shall prohibit any individual from using
any nonmerchantable wood debris for his own personal use.
[1994 c 163 § 3; 1973 c 136 § 4.]
76.42.030
76.42.060 Navigable waters—Unlawful to deposit
wood debris into—Exception. It shall be unlawful to dispose of wood debris by depositing such material into any of
the navigable waters of this state, except as authorized by law
including any discharge or deposit allowed to be made under
and in compliance with chapter 90.48 RCW and any rules
duly adopted thereunder or any deposit allowed to be made
under and in compliance with chapter 76.09 or 77.85 RCW
and any rules duly adopted under those chapters. Violation
of this section shall be a misdemeanor. [2003 c 39 § 37; 1999
sp.s. c 4 § 601; 1973 c 136 § 7.]
76.42.060
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.42.070 Rules and regulations—Administration of
chapter—Authority to adopt and enforce. The department
of natural resources shall adopt and enforce such rules and
regulations as may be deemed necessary for administering
this chapter. [1973 c 136 § 8.]
76.42.070
Chapter 76.44
Chapter 76.42
Chapter 76.42 RCW
WOOD DEBRIS—REMOVAL FROM
NAVIGABLE WATERS
Sections
76.42.010
76.42.020
76.42.030
76.42.060
76.42.070
Removal of debris authorized—Enforcement of chapter—
Department of natural resources.
Definitions.
Removal of wood debris—Authorized.
Navigable waters—Unlawful to deposit wood debris into—
Exception.
Rules and regulations—Administration of chapter—Authority
to adopt and enforce.
Navigation and harbor improvements: Title 88 RCW.
76.42.010
76.42.010 Removal of debris authorized—Enforcement of chapter—Department of natural resources. This
chapter authorizes the removal of wood debris from naviga(2004 Ed.)
76.44.010
Chapter 76.44 RCW
INSTITUTE OF FOREST RESOURCES
Sections
76.44.010
76.44.020
76.44.030
76.44.040
76.44.050
Institute created.
Administration of institute.
Duties.
Dissemination of research results.
Contributions may be accepted.
76.44.010 Institute created. There is hereby created
the institute of forest resources of the state of Washington
which shall operate under the authority of the board of
regents of the University of Washington. [1979 c 50 § 1;
1947 c 177 § 1; Rem. Supp. 1947 § 10831-1.]
76.44.010
Severability—1979 c 50: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 50 § 8.]
[Title 76 RCW—page 49]
76.44.020
Title 76 RCW: Forests and Forest Products
76.44.020 Administration of institute. The institute of
forest resources shall be administered by the dean of the college of forest resources of the University of Washington who
shall also be the director of the institute. [1988 c 81 § 21;
1979 c 50 § 2; 1959 c 306 § 1; 1947 c 177 § 2; Rem. Supp.
1947 § 10831-2.]
76.44.020
Severability—1979 c 50: See note following RCW 76.44.010.
76.48.120
76.48.130
76.48.140
76.48.200
76.48.900
76.48.901
76.48.902
76.48.910
False, fraudulent, stolen or forged specialized forest products
permit, sales invoice, bill of lading, etc.—Penalty.
Penalties.
Disposition of fines.
Assistance and training for minority groups.
Severability—1967 ex.s. c 47.
Severability—1977 ex.s. c 147.
Severability—1979 ex.s. c 94.
Saving—1967 ex.s. c 47.
76.48.010
76.44.030 Duties. The institute of forest resources shall
pursue research and education related to the forest resource
and its multiple use including its conservation, management
and utilization; its evaluation of forest land use and the maintenance of its rural environment; the manufacture and marketing of forest products and the provision of recreation and
aesthetic values.
In pursuit of these objectives, the institute of forest
resources is authorized to cooperate with other universities,
state and federal agencies, industrial institutions, domestic or
foreign, where such cooperation advances these objectives.
[1979 c 50 § 5; 1947 c 177 § 3; Rem. Supp. 1947 § 10831-3.]
76.44.030
Severability—1979 c 50: See note following RCW 76.44.010.
76.44.040 Dissemination of research results. The
results of any research undertaken by the institute or in which
the institute participates shall be available to all industries
and citizens of the state of Washington and the institute is
authorized to disseminate such information. [1979 c 50 § 6;
1947 c 177 § 4; Rem. Supp. 1947 § 10831-4.]
76.44.040
Severability—1979 c 50: See note following RCW 76.44.010.
76.44.050 Contributions may be accepted. The institute is authorized to solicit and/or accept funds through
grants, contracts, or institutional consulting arrangements for
the prosecution of any research or education activity which it
may undertake in pursuit of its objectives. [1979 c 50 § 7;
1947 c 177 § 5; Rem. Supp. 1947 § 10831-5.]
76.44.050
Severability—1979 c 50: See note following RCW 76.44.010.
Chapter 76.48
Chapter 76.48 RCW
SPECIALIZED FOREST PRODUCTS
Sections
76.48.010
76.48.020
76.48.030
76.48.040
76.48.050
76.48.060
76.48.062
76.48.070
76.48.075
76.48.080
76.48.085
76.48.086
76.48.094
76.48.096
76.48.098
76.48.100
76.48.110
Declaration of public interest.
Definitions.
Unlawful acts.
Agencies responsible for enforcement of chapter.
Specialized forest products permits—Expiration—Specifications.
Specialized forest products permits—Required—Forms—Filing.
Validation of specialized forest product permits—Authorized
agents.
Transporting or possessing cedar or other specialized forest
products—Requirements.
Specialized forest products from out-of-state.
Contents of authorization, sales invoice, or bill of lading.
Purchase of specialized forest products—Required records.
Records of buyers available for research.
Cedar processors—Records of purchase, possession or retention of cedar products and salvage.
Cedar processors—Obtaining from suppliers not having specialized forest products permit unlawful.
Cedar processors—Display of valid registration certificate
required.
Exemptions.
Violations—Seizure and disposition of products—Disposition
of proceeds.
[Title 76 RCW—page 50]
76.48.010 Declaration of public interest. It is in the
public interest of this state to protect a great natural resource
and to provide a high degree of protection to the landowners
of the state of Washington from the theft of specialized forest
products. [1967 ex.s. c 47 § 2.]
76.48.020
76.48.020 Definitions. Unless otherwise required by
the context, as used in this chapter:
(1) "Authorization" means a properly completed preprinted form authorizing the transportation or possession of
Christmas trees which contains the information required by
RCW 76.48.080, a sample of which is filed before the harvesting occurs with the sheriff of the county in which the harvesting is to occur.
(2) "Cascara bark" means the bark of a Cascara tree.
(3) "Cedar processor" means any person who purchases,
takes, or retains possession of cedar products or cedar salvage
for later sale in the same or modified form following removal
and delivery from the land where harvested.
(4) "Cedar products" means cedar shakeboards, shake
and shingle bolts, and rounds one to three feet in length.
(5) "Cedar salvage" means cedar chunks, slabs, stumps,
and logs having a volume greater than one cubic foot and
being harvested or transported from areas not associated with
the concurrent logging of timber stands (a) under a forest
practices application approved or notification received by the
department of natural resources, or (b) under a contract or
permit issued by an agency of the United States government.
(6) "Christmas trees" means any evergreen trees or the
top thereof, commonly known as Christmas trees, with limbs
and branches, with or without roots, including fir, pine,
spruce, cedar, and other coniferous species.
(7) "Cut or picked evergreen foliage," commonly known
as brush, means evergreen boughs, huckleberry, salal, fern,
Oregon grape, rhododendron, mosses, bear grass, scotch
broom (Cytisus scoparius), and other cut or picked evergreen
products. "Cut or picked evergreen foliage" does not mean
cones or seeds.
(8) "Harvest" means to separate, by cutting, prying, picking, peeling, breaking, pulling, splitting, or otherwise removing, a specialized forest product (a) from its physical connection or contact with the land or vegetation upon which it is or
was growing or (b) from the position in which it is lying upon
the land.
(9) "Harvest site" means each location where one or
more persons are engaged in harvesting specialized forest
products close enough to each other that communication can
be conducted with an investigating law enforcement officer
in a normal conversational tone.
(10) "Landowner" means, with regard to real property,
the private owner, the state of Washington or any political
subdivision, the federal government, or a person who by
deed, contract, or lease has authority to harvest and sell forest
(2004 Ed.)
Specialized Forest Products
products of the property. "Landowner" does not include the
purchaser or successful high bidder at a public or private timber sale.
(11) "Native ornamental trees and shrubs" means any
trees or shrubs which are not nursery grown and which have
been removed from the ground with the roots intact.
(12) "Permit area" means a designated tract of land that
may contain single or multiple harvest sites.
(13) "Person" includes the plural and all corporations,
foreign or domestic, copartnerships, firms, and associations
of persons.
(14) "Processed cedar products" means cedar shakes,
shingles, fence posts, hop poles, pickets, stakes, rails, or
rounds less than one foot in length.
(15) "Sheriff" means, for the purpose of validating specialized forest products permits, the county sheriff, deputy
sheriff, or an authorized employee of the sheriff's office or an
agent of the office.
(16) "Specialized forest products" means Christmas
trees, native ornamental trees and shrubs, cut or picked evergreen foliage, cedar products, cedar salvage, processed cedar
products, wild edible mushrooms, and Cascara bark.
(17) "Specialized forest products permit" means a
printed document in a form specified by the department of
natural resources, or true copy thereof, that is signed by a
landowner or his or her authorized agent or representative,
referred to in this chapter as "permittors" and validated by the
county sheriff and authorizes a designated person, referred to
in this chapter as "permittee," who has also signed the permit,
to harvest and transport a designated specialized forest product from land owned or controlled and specified by the permittor and that is located in the county where the permit is
issued.
(18) "Transportation" means the physical conveyance of
specialized forest products outside or off of a harvest site by
any means.
(19) "True copy" means a replica of a validated specialized forest products permit as reproduced by a copy machine
capable of effectively reproducing the information contained
on the permittee's copy of the specialized forest products permit. A copy is made true by the permittee or the permittee and
permittor signing in the space provided on the face of the
copy. A true copy will be effective until the expiration date of
the specialized forest products permit unless the permittee or
the permittee and permittor specify an earlier date. A permittor may require the actual signatures of both the permittee
and permittor for execution of a true copy by so indicating in
the space provided on the original copy of the specialized forest products permit. A permittee, or, if so indicated, the permittee and permittor, may condition the use of the true copy
to harvesting only, transportation only, possession only, or
any combination thereof.
(20) "Wild edible mushrooms" means edible mushrooms
not cultivated or propagated by artificial means. [2000 c 11 §
18; 1995 c 366 § 1; 1992 c 184 § 1; 1979 ex.s. c 94 § 1; 1977
ex.s. c 147 § 1; 1967 ex.s. c 47 § 3.]
Severability—1995 c 366: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 366 § 19.]
(2004 Ed.)
76.48.050
76.48.030
76.48.030 Unlawful acts. It is unlawful for any person
to:
(1) Harvest specialized forest products as described in
RCW 76.48.020, in the quantities specified in RCW
76.48.060, without first obtaining a validated specialized forest products permit;
(2) Engage in activities or phases of harvesting specialized forest products not authorized by the permit; or
(3) Harvest specialized forest products in any lesser
quantities than those specified in RCW 76.48.060, as now or
hereafter amended, without first obtaining permission from
the landowner or his or her duly authorized agent or representative. [1995 c 366 § 2; 1979 ex.s. c 94 § 2; 1977 ex.s. c 147
§ 2; 1967 ex.s. c 47 § 4.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.040
76.48.040 Agencies responsible for enforcement of
chapter. Agencies charged with the enforcement of this
chapter shall include, but not be limited to, the Washington
state patrol, county sheriffs and their deputies, county or
municipal police forces, authorized personnel of the United
States forest service, and authorized personnel of the departments of natural resources and fish and wildlife. Primary
enforcement responsibility lies in the county sheriffs and
their deputies. The legislature encourages county sheriffs'
offices to enter into interlocal agreements with these other
agencies in order to receive additional assistance with their
enforcement responsibilities. [1995 c 366 § 3; 1994 c 264 §
51; 1988 c 36 § 49; 1979 ex.s. c 94 § 3; 1977 ex.s. c 147 § 3;
1967 ex.s. c 47 § 5.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.050
76.48.050 Specialized forest products permits—
Expiration—Specifications. Specialized forest products
permits shall consist of properly completed permit forms validated by the sheriff of the county in which the specialized
forest products are to be harvested. Each permit shall be separately numbered and the permits shall be issued by consecutive numbers. All specialized forest products permits shall
expire at the end of the calendar year in which issued, or
sooner, at the discretion of the permittor. A properly completed specialized forest products permit form shall include:
(1) The date of its execution and expiration;
(2) The name, address, telephone number, if any, and
signature of the permittor;
(3) The name, address, telephone number, if any, and
signature of the permittee;
(4) The type of specialized forest products to be harvested or transported;
(5) The approximate amount or volume of specialized
forest products to be harvested or transported;
(6) The legal description of the property from which the
specialized forest products are to be harvested or transported,
including the name of the county, or the state or province if
outside the state of Washington;
(7) A description by local landmarks of where the harvesting is to occur, or from where the specialized forest products are to be transported;
(8) The number from some type of valid picture identification; and
[Title 76 RCW—page 51]
76.48.060
Title 76 RCW: Forests and Forest Products
(9) Any other condition or limitation which the permittor
may specify.
Except for the harvesting of Christmas trees, the permit
or true copy thereof must be carried by the permittee and
available for inspection at all times. For the harvesting of
Christmas trees only a single permit or true copy thereof is
necessary to be available at the harvest site. [1995 c 366 § 4;
1979 ex.s. c 94 § 4; 1977 ex.s. c 147 § 4; 1967 ex.s. c 47 § 6.]
Severability—1995 c 366: See note following RCW 76.48.020.
United States forest service, the bureau of land management,
the department of natural resources, local police departments,
and other entities as decided upon by the county sheriffs'
departments. An entity that contracts with a county sheriff to
serve as an authorized agent to validate specialized forest
product permits may make reasonable efforts to verify the
information provided on the permit form such as the section,
township, and range of the area where harvesting is to occur.
[1995 c 366 § 15.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.060
76.48.060 Specialized forest products permits—
Required—Forms—Filing. A specialized forest products
permit validated by the county sheriff shall be obtained by a
person prior to harvesting from any lands, including his or
her own, more than five Christmas trees, more than five
native ornamental trees or shrubs, more than five pounds of
cut or picked evergreen foliage, any cedar products, cedar
salvage, processed cedar products, or more than five pounds
of Cascara bark, or more than three United States gallons of a
single species of wild edible mushroom and more than an
aggregate total of nine United States gallons of wild edible
mushrooms, plus one wild edible mushroom. Specialized forest products permit forms shall be provided by the department of natural resources, and shall be made available
through the office of the county sheriff to permittees or permittors in reasonable quantities. A permit form shall be completed in triplicate for each permittor's property on which a
permittee harvests specialized forest products. A properly
completed permit form shall be mailed or presented for validation to the sheriff of the county in which the specialized
forest products are to be harvested. Before a permit form is
validated by the sheriff, sufficient personal identification
may be required to reasonably identify the person mailing or
presenting the permit form and the sheriff may conduct other
investigations as deemed necessary to determine the validity
of the information alleged on the form. When the sheriff is
reasonably satisfied as to the truth of the information, the
form shall be validated with the sheriff's validation stamp.
Upon validation, the form shall become the specialized forest
products permit authorizing the harvesting, possession, or
transportation of specialized forest products, subject to any
other conditions or limitations which the permittor may specify. Two copies of the permit shall be given or mailed to the
permittor, or one copy shall be given or mailed to the permittor and the other copy given or mailed to the permittee. The
original permit shall be retained in the office of the county
sheriff validating the permit. In the event a single land ownership is situated in two or more counties, a specialized forest
product permit shall be completed as to the land situated in
each county. While engaged in harvesting of specialized forest products, permittees, or their agents or employees, must
have readily available at each harvest site a valid permit or
true copy of the permit. [1995 c 366 § 5; 1992 c 184 § 2;
1979 ex.s. c 94 § 5; 1977 ex.s. c 147 § 5; 1967 ex.s. c 47 § 7.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.062
76.48.062 Validation of specialized forest product
permits—Authorized agents. County sheriffs may contract
with other entities to serve as authorized agents to validate
specialized forest product permits. These entities include the
[Title 76 RCW—page 52]
76.48.070
76.48.070 Transporting or possessing cedar or other
specialized forest products—Requirements. (1) Except as
provided in RCW 76.48.100 and 76.48.075, it is unlawful for
any person (a) to possess, (b) to transport, or (c) to possess
and transport within the state of Washington, subject to any
other conditions or limitations specified in the specialized
forest products permit by the permittor, more than five
Christmas trees, more than five native ornamental trees or
shrubs, more than five pounds of cut or picked evergreen foliage, any processed cedar products, or more than five pounds
of Cascara bark, or more than three gallons of a single species
of wild edible mushrooms and more than an aggregate total
of nine gallons of wild edible mushrooms, plus one wild edible mushroom without having in his or her possession a written authorization, sales invoice, bill of lading, or specialized
forest products permit or a true copy thereof evidencing his or
her title to or authority to have possession of specialized forest products being so possessed or transported.
(2) It is unlawful for any person either (a) to possess, (b)
to transport, or (c) to possess and transport within the state of
Washington any cedar products or cedar salvage without having in his or her possession a specialized forest products permit or a true copy thereof evidencing his or her title to or
authority to have possession of the materials being so possessed or transported. [1995 c 366 § 6; 1992 c 184 § 3; 1979
ex.s. c 94 § 6; 1977 ex.s. c 147 § 6; 1967 ex.s. c 47 § 8.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.075
76.48.075 Specialized forest products from out-ofstate. (1) It is unlawful for any person to transport or cause
to be transported into this state from any other state or province specialized forest products, except those harvested from
that person's own property, without: (a) First acquiring and
having readily available for inspection a document indicating
the true origin of the specialized forest products as being outside the state, or (b) without acquiring a specialized forest
products permit as provided in subsection (4) of this section.
(2) Any person transporting or causing to be transported
specialized forest products into this state from any other state
or province shall, upon request of any person to whom the
specialized forest products are sold or delivered or upon
request of any law enforcement officer, prepare and sign a
statement indicating the true origin of the specialized forest
products, the date of delivery, and the license number of the
vehicle making delivery, and shall leave the statement with
the person making the request.
(3) It is unlawful for any person to possess specialized
forest products, transported into this state, with knowledge
(2004 Ed.)
Specialized Forest Products
that the products were introduced into this state in violation
of this chapter.
(4) When any person transporting or causing to be transported into this state specialized forest products elects to
acquire a specialized forest products permit, the specialized
forest products transported into this state shall be deemed to
be harvested in the county of entry, and the sheriff of that
county may validate the permit as if the products were so harvested, except that the permit shall also indicate the actual
harvest site outside the state.
(5) A cedar processor shall comply with RCW 76.48.096
by requiring a person transporting specialized forest products
into this state from any other state or province to display a
specialized forest products permit, or true copy thereof, or
other document indicating the true origin of the specialized
forest products as being outside the state. The cedar processor
shall make and maintain a record of the purchase, taking possession, or retention of cedar products and cedar salvage in
compliance with RCW 76.48.094.
(6) If, under official inquiry, investigation, or other
authorized proceeding regarding specialized forest products
not covered by a valid specialized forest products permit or
other acceptable document, the inspecting law enforcement
officer has probable cause to believe that the specialized forest products were harvested in this state or wrongfully
obtained in another state or province, the officer may take
into custody and detain, for a reasonable time, the specialized
forest products, all supporting documents, invoices, and bills
of lading, and the vehicle in which the products were transported until the true origin of the specialized forest products
can be determined. [1995 c 366 § 7; 1979 ex.s. c 94 § 15.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.080
76.48.080 Contents of authorization, sales invoice, or
bill of lading. The authorization, sales invoice, or bill of lading required by RCW 76.48.070 shall specify:
(1) The date of its execution.
(2) The number and type of products sold or being transported.
(3) The name and address of the owner, vendor, or donor
of the specialized forest products.
(4) The name and address of the vendee, donee, or
receiver of the specialized forest products.
(5) The location of origin of the specialized forest products. [1979 ex.s. c 94 § 7; 1967 ex.s. c 47 § 9.]
76.48.100
This section shall not apply to buyers of specialized forest products at the retail sales level. [2000 c 11 § 19; 1995 c
366 § 14.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.086
76.48.086 Records of buyers available for research.
Records of buyers of specialized forest products collected
under the requirements of RCW 76.48.085 may be made
available to colleges and universities for the purpose of
research. [1995 c 366 § 16.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.094
76.48.094 Cedar processors—Records of purchase,
possession or retention of cedar products and salvage.
Cedar processors shall make and maintain a record of the purchase, taking possession, or retention of cedar products and
cedar salvage for at least one year after the date of receipt.
The record shall be legible and shall include the date of delivery, the license number of the vehicle delivering the products,
the driver's name, and the specialized forest products permit
n u m b e r o r th e i n f o r m a t io n p r o v i d e d f o r i n R C W
76.48.075(5). The record must be made at the time each
delivery is made. [1979 ex.s. c 94 § 9; 1977 ex.s. c 147 § 11.]
76.48.096
76.48.096 Cedar processors—Obtaining from suppliers not having specialized forest products permit
unlawful. It is unlawful for any cedar processor to purchase,
take possession, or retain cedar products or cedar salvage
subsequent to the harvesting and prior to the retail sale of the
products, unless the supplier thereof displays a specialized
forest products permit, or true copy thereof that appears to be
valid, or obtains the information under RCW 76.48.075(5).
[1995 c 366 § 8; 1979 ex.s. c 94 § 10; 1977 ex.s. c 147 § 12.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.098
76.48.098 Cedar processors—Display of valid registration certificate required. Every cedar processor shall
prominently display a valid registration certificate, or copy
thereof, obtained from the department of revenue under RCW
82.32.030 at each location where the processor receives cedar
products or cedar salvage.
Permittees shall sell cedar products or cedar salvage only
to cedar processors displaying registration certificates which
appear to be valid. [1995 c 366 § 9; 1979 ex.s. c 94 § 11;
1977 ex.s. c 147 § 13.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.085
76.48.085 Purchase of specialized forest products—
Required records. Buyers who purchase specialized forest
products are required to record (1) the permit number; (2) the
type of forest product purchased; (3) the permit holder's
name; and (4) the amount of forest product purchased. The
buyer shall keep a record of this information for a period of
one year from the date of purchase and make the records
available for inspection by authorized enforcement officials.
The buyer of specialized forest products must record the
license plate number of the vehicle transporting the forest
products on the bill of sale, as well as the seller's permit number on the bill of sale. This section shall not apply to transactions involving Christmas trees.
(2004 Ed.)
76.48.100
76.48.100 Exemptions. The provisions of this chapter
do not apply to:
(1) Nursery grown products.
(2) Logs (except as included in the definition of "cedar
salvage" under RCW 76.48.020), poles, pilings, or other
major forest products from which substantially all of the
limbs and branches have been removed, and cedar salvage
when harvested concurrently with timber stands (a) under an
approved forest practices application or notification, or (b)
under a contract or permit issued by an agency of the United
States government.
(3) The activities of a landowner, his or her agent, or representative, or of a lessee of land in carrying on noncommer[Title 76 RCW—page 53]
76.48.110
Title 76 RCW: Forests and Forest Products
cial property management, maintenance, or improvements on
or in connection with the land of the landowner or lessee.
[1995 c 366 § 10; 1979 ex.s. c 94 § 12; 1977 ex.s. c 147 § 7;
1967 ex.s. c 47 § 11.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.130
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.110
76.48.110 Violations—Seizure and disposition of
products—Disposition of proceeds. Whenever any law
enforcement officer has probable cause to believe that a person is harvesting or is in possession of or transporting specialized forest products in violation of the provisions of this
chapter, he or she may, at the time of making an arrest, seize
and take possession of any specialized forest products found.
The law enforcement officer shall provide reasonable protection for the specialized forest products involved during the
period of litigation or he or she shall dispose of the specialized forest products at the discretion or order of the court
before which the arrested person is ordered to appear.
Upon any disposition of the case by the court, the court
shall make a reasonable effort to return the specialized forest
products to its rightful owner or pay the proceeds of any sale
of specialized forest products less any reasonable expenses of
the sale to the rightful owner. If for any reason, the proceeds
of the sale cannot be disposed of to the rightful owner, the
proceeds, less the reasonable expenses of the sale, shall be
paid to the treasurer of the county in which the violation
occurred. The county treasurer shall deposit the same in the
county general fund. The return of the specialized forest
products or the payment of the proceeds of any sale of products seized to the owner shall not preclude the court from
imposing any fine or penalty upon the violator for the violation of the provisions of this chapter. [1995 c 366 § 11; 1979
ex.s. c 94 § 13; 1977 ex.s. c 147 § 8; 1967 ex.s. c 47 § 12.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.120
76.48.120 False, fraudulent, stolen or forged specialized forest products permit, sales invoice, bill of lading,
etc.—Penalty. (1) It is unlawful for any person, upon official inquiry, investigation, or other authorized proceedings,
to offer as genuine any paper, document, or other instrument
in writing purporting to be a specialized forest products permit, or true copy thereof, authorization, sales invoice, or bill
of lading, or to make any representation of authority to possess or conduct harvesting or transporting of specialized forest products, knowing the same to be in any manner false,
fraudulent, forged, or stolen.
(2) Any person who knowingly or intentionally violates
this section is guilty of a class C felony punishable by imprisonment in a state correctional institution for a maximum term
fixed by the court of not more than five years or by a fine of
not more than five thousand dollars, or by both imprisonment
and fine.
(3) Whenever any law enforcement officer reasonably
suspects that a specialized forest products permit or true copy
thereof, authorization, sales invoice, or bill of lading is
forged, fraudulent, or stolen, it may be retained by the officer
until its authenticity can be verified. [2003 c 53 § 373; 1995
c 366 § 12; 1979 ex.s. c 94 § 14; 1977 ex.s. c 147 § 9; 1967
ex.s. c 47 § 13.]
[Title 76 RCW—page 54]
76.48.130 Penalties. A person who violates a provision
of this chapter, other than the provisions contained in RCW
76.48.120, as now or hereafter amended, is guilty of a gross
misdemeanor and upon conviction thereof shall be punished
by a fine of not more than one thousand dollars or by imprisonment in the county jail for not to exceed one year or by
both a fine and imprisonment. [1995 c 366 § 13; 1977 ex.s. c
147 § 10; 1967 ex.s. c 47 § 14.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.140
76.48.140 Disposition of fines. All fines collected for
violations of any provision of this chapter shall be paid into
the general fund of the county treasury of the county in which
the violation occurred. [1977 ex.s. c 147 § 15.]
76.48.200
76.48.200 Assistance and training for minority
groups. Minority groups have long been participants in the
specialized forest products industry. The legislature encourages agencies serving minority communities, communitybased organizations, refugee centers, social service agencies,
agencies and organizations with expertise in the specialized
forest products industry, and other interested groups to work
cooperatively to accomplish the following purposes:
(1) To provide assistance and make referrals on translation services and to assist in translating educational materials,
laws, and rules regarding specialized forest products;
(2) To hold clinics to teach techniques for effective picking; and
(3) To work with both minority and nonminority permittees in order to protect resources and foster understanding
between minority and nonminority permittees.
To the extent practicable within their existing resources,
the commission on Asian-American affairs, the commission
on Hispanic affairs, and the department of natural resources
are encouraged to coordinate this effort. [1995 c 366 § 17.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.900
76.48.900 Severability—1967 ex.s. c 47. If any section, provision, or part thereof of this chapter shall be
adjudged to be invalid or unconstitutional, such adjudication
shall not affect the validity of the chapter as a whole, or any
section, provision, or part thereof not adjudged invalid or
unconstitutional. [1967 ex.s. c 47 § 15.]
76.48.901
76.48.901 Severability—1977 ex.s. c 147. If any provision of this 1977 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 147 § 16.]
76.48.902
76.48.902 Severability—1979 ex.s. c 94. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 94 § 17.]
(2004 Ed.)
Cooperative Forest Management Services Act
76.48.910
76.48.910 Saving—1967 ex.s. c 47. This chapter is not
intended to repeal or modify any provision of existing law.
[1967 ex.s. c 47 § 16.]
76.56.050
76.56.900
76.56.020
Solicitation of financial contributions and support—Annual
report—Use of other funds.
Severability—1985 c 122.
76.56.010
Chapter 76.52 RCW
COOPERATIVE FOREST MANAGEMENT
SERVICES ACT
Chapter 76.52
Sections
76.52.010
76.52.020
76.52.030
76.52.040
Short title.
Contracts with landowners.
Extending department forest management services to landowners.
Disposition of funds from landowners.
76.52.010
76.52.010 Short title. This chapter shall be known and
cited as the "cooperative forest management services act."
[1979 c 100 § 1.]
76.52.020
76.52.020 Contracts with landowners. The department of natural resources may, by agreement, make available
to forest landowners, equipment, materials, and personnel for
the purpose of more intensively managing or protecting the
land when the department determines that such services are
not otherwise available at a cost which would encourage the
landowner to so avail himself, and that the use of department
equipment, materials, or personnel will not jeopardize the
management of state lands or other programs of the department. The department shall enter into a contractual agreement with the landowner for services rendered and shall
recover the costs thereof. [1979 c 100 § 2.]
76.52.030
76.52.030 Extending department forest management
services to landowners. The department may, by agreement, extend forest management services to private lands as
a condition of carrying out such services on state lands when
the private lands are adjacent to or in close proximity to the
state lands being treated. The agreement shall include provisions requiring the parties to pay all costs attributable to the
conducting of the services on their respective lands. [1979 c
100 § 3.]
76.52.040
76.52.040 Disposition of funds from landowners.
Costs recovered by the department as a result of extending
forest management practices to private lands shall be credited
to the program or programs providing the services. The
department will report by December 31 of each odd numbered year up to and including 1985 to the house and senate
natural resources committees the private acres treated as a
result of this chapter. [1979 c 100 § 4.]
Chapter 76.56 RCW
CENTER FOR INTERNATIONAL TRADE IN
FOREST PRODUCTS
Chapter 76.56
Sections
76.56.010
76.56.020
76.56.030
76.56.040
(2004 Ed.)
Center for international trade in forest products created at the
University of Washington.
Duties.
Director—Appointment.
Use of center's programs, research, and advisory services—
Schedule of fees.
76.56.010 Center for international trade in forest
products created at the University of Washington. There
is created a center for international trade in forest products at
the University of Washington in the college of forest
resources, which shall be referred to in this chapter as "the
center." The center shall operate under the authority of the
board of regents of the University of Washington. [1985 c
122 § 1.]
76.56.020
76.56.020 Duties. The center shall:
(1) Coordinate the University of Washington's college of
forest resources' faculty and staff expertise to assist in:
(a) The development of research and analysis for developing policies and strategies which will expand forest-based
international trade, including a major focus on secondary
manufacturing;
(b) The development of technology or commercialization support for manufactured products that will meet the
evolving needs of international customers;
(c) The development of research and analysis on other
factors critical to forest-based trade, including the quality and
availability of raw wood resources; and
(d) The coordination, development, and dissemination of
market and technical information relevant to international
trade in forest products, including a major focus on secondary
manufacturing;
(2) Further develop and maintain computer data bases on
world-wide forest products production and trade in order to
monitor and report on trends significant to the Northwest forest products industry and support the center's research functions; and coordinate this system with state, federal, and private sector efforts to insure a cost-effective information
resource that will avoid unnecessary duplication;
(3) Monitor international forest products markets and
assess the status of the state's forest products industry, including the competitiveness of small and medium-sized secondary manufacturing firms in the forest products industry,
which for the purposes of this chapter shall be firms with
annual revenues of twenty-five million or less, and including
the increased exports of Washington-produced products of
small and medium-sized secondary manufacturing firms;
(4) Provide high-quality research and graduate education
and professional nondegree training in international trade in
forest products in cooperation with the University of Washington's graduate school of business administration, the
school of law, the Jackson school of international studies, the
Northwest policy center of the graduate school of public
administration, and other supporting academic units;
(5) Develop cooperative linkages with the international
marketing program for agricultural commodities and trade at
Washington State University, the international trade project
of the United States forest service, the department of natural
resources, the department of community, trade, and economic development, the small business export finance assistance center, and other state and federal agencies to avoid
duplication of effort and programs;
[Title 76 RCW—page 55]
76.56.030
Title 76 RCW: Forests and Forest Products
(6) Cooperate with personnel from the state's community
and technical colleges in their development of wood products
manufacturing and wood technology curriculum and offer
periodic workshops on wood products manufacturing, wood
technology, and trade opportunities to community colleges
and private educators and trainers;
(7) Provide for public dissemination of research, analysis, and results of the center's programs to all groups, including direct assistance groups, through technical workshops,
short courses, international and national symposia, cooperation with private sector networks and marketing associations,
or other means, including appropriate publications;
(8) Establish an executive policy board, including representatives of small and medium-sized businesses, with at
least fifty percent of its business members representing small
businesses with one hundred or fewer employees and
medium-sized businesses with one hundred to five hundred
employees. The executive policy board shall also include a
representative of the community and technical colleges, representatives of state and federal agencies, and a representative of a wood products manufacturing network or trade association of small and medium-sized wood product manufacturers. The executive policy board shall provide advice on:
Overall policy direction and program priorities, state and federal budget requests, securing additional research funds,
identifying priority areas of focus for research efforts, selection of projects for research, and dissemination of results of
research efforts; and
(9) Establish advisory or technical committees for each
research program area, to advise on research program area
priorities, consistent with the international trade opportunities achievable by the forest products sector of the state and
region, to help ensure projects are relevant to industry needs,
and to advise on and support effective dissemination of
research results. Each advisory or technical committee shall
include representatives of forest products industries that
might benefit from this research.
Service on the committees and the executive policy
board established in subsections (8) and (9) of this section
shall be without compensation but actual travel expenses
incurred in connection with service to the center may be
reimbursed from appropriated funds in accordance with
RCW 43.03.050 and 43.03.060. [1994 c 282 § 1; 1992 c 121
§ 1; 1987 c 195 § 16; 1985 c 122 § 2.]
76.56.050 Solicitation of financial contributions and
support—Annual report—Use of other funds. The center
shall aggressively solicit financial contributions and support
from the forest products industry, federal and state agencies,
and other granting sources or through other arrangements to
assist in conducting its activities. Subject to RCW 40.07.040,
the center shall report annually to the governor and the legislature on its success in obtaining funding from nonstate
sources and on its accomplishments in meeting the provisions
of this chapter. It may also use separately appropriated funds
of the University of Washington for the center's activities.
[1994 c 282 § 2; 1987 c 505 § 74; 1985 c 122 § 5.]
76.56.050
Effective date—1994 c 282: See note following RCW 76.56.020.
76.56.900 Severability—1985 c 122. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 122 § 6.]
76.56.900
Effective date—1994 c 282: "This act shall take effect July 1, 1994."
[1994 c 282 § 6.]
76.56.030
76.56.030 Director—Appointment. The center shall
be administered by a director appointed by the dean of the
college of forest resources of the University of Washington.
The director shall be a member of the professional staff of
that college. [1985 c 122 § 3.]
76.56.040
76.56.040 Use of center's programs, research, and
advisory services—Schedule of fees. The governor, the legislature, state agencies, and the public may use the center's
programs, research, and advisory services as may be needed.
The center shall establish a schedule of fees for actual services rendered. [1985 c 122 § 4.]
[Title 76 RCW—page 56]
(2004 Ed.)
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